In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11].
AGENDA
TEMECULA CITY COUNCIL
SPECIAL MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
JANUARY 18, 2022 - 7:00 PM
CALL TO ORDER: Mayor Matt Rahn
PRELUDE MUSIC: Susan Miyamoto
INVOCATION: Sylvester Scott of Baha'is of Temecula
FLAG SALUTE: Mayor Matt Rahn
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart
PRESENTATIONS
Presentation Regarding Incoming/Outgoing Mayor and President Presentation Regarding Years of Service for Council Member James Stewart (5) and Commissioners Bradley Sullivan (5), Robert Carter (10) and Bob Hagel (15) Presentation of Proclamation for National Mentoring Month to Big Brothers and Big Sisters of Inland Empire
BOARD / COMMISSION REPORTS
Community Services Commission, Planning Commission, and Race, Equity, Diversity and Inclusion Commission
PUBLIC SAFETY REPORT
Riverside County Sheriffs Department
PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order
City Council Agenda January 18, 2022
received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read.
Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports.
CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the City Council on items that appear on the Consent Calendar. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read.
Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.
1. Waive Reading of Standard Ordinances and Resolutions Recommendation
Attachments
That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code.
Agenda Report
2. Approve Action Minutes of December 14, 2021
Recommendation: That the City Council approve the action minutes of December 14, 2021.
Attachments: Action Minutes
3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A
City Council Agenda January 18, 2022
4. 5.
6. 7.
Attachments:
Agenda Report
Resolution
List of Demands
Approve Annual Citywide Records Retention Schedule and Records Destruction for Calendar Year 2022
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING REVISIONS TO THE ESTABLISHED
CITYWIDE RECORDS RETENTION SCHEDULE, THEREBY
AMENDING AND RESTATING THE RECORDS RETENTION
POLICY, AND APPROVING THE DESTRUCTION OF CERTAIN
RECORDS
Attachments: Agenda Report
Resolution
Exhibit A
Approve Annual Legislative Platform for Calendar Year 2022 Recommendation: That the City Council approve the annual legislative platform for calendar year 2022.
Attachments: Agenda Report
2022 Legislative Platform
Approve Annual Boards and Commissions Handbook for Calendar Year 2022 Recommendation: That the City Council approve the annual boards and commissions handbook for calendar year 2022.
Attachments: Agenda Report
Boards and Commissions Handbook
Annrove Second Amendment to the Agreement with Placeworks Inc. for the Creation of Objective Design Standards
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.
Attachments: Agenda Report
Amendment
City Council Agenda January 18, 2022
8. Adopt Resolution Approving 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 Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO.
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)
Attachments: Agenda Report
Resolution
Purchase and Sale Agreement
Map of Subject Property
9. Establish All -Way Stop Control at the Intersection of Roripaugh Road and Swallow Court Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO.
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
Attachments: Agenda Report
Resolution
Location Map
Multi -Way Stop Warrant Analysis
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE
TEMECULA PUBLIC FINANCING AUTHORITY
City Council Agenda January 18, 2022
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CALL TO ORDER: President James Stewart
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart
CSD PUBLIC COMMENTS - NON -AGENDA ITEMS
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Community Services District request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.
CSD CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Community Services District request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.
10. Approve Action Minutes of December 14, 2021
Recommendation: That the Board of Directors approve the action minutes of December 14, 2021.
Attachments: Action Minutes
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTOR REPORTS
City Council
Agenda January 18, 2022
CSD ADJOURNMENT
The next regular meeting of the Temecula Community Services District will be held on Tuesday, January 25, 2022, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.
City Council Agenda January 18, 2022
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY
CALL TO ORDER: Chair Matt Rahn
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart
SARDA PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.
SARDA CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Successor Agency to the Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.
11. 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
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
City Council
Agenda January 18, 2022
THEREWITH
2. Adopt a resolution entitled:
RESOLUTION NO. SARDA
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
Attachments: Agenda Report
Resolution - ROPS
Exhibit A - ROPS
Resolution - Budget
Exhibit A - Budget
SARDA EXECUTIVE DIRECTOR REPORT
SARDA BOARD OF DIRECTOR REPORTS
SARDA ADJOURNMENT
The next regular meeting of the Successor Agency to the Redevelopment Agency will be held on Tuesday, January 25, 2022, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.
City Council Agenda January 18, 2022
TEMECULA HOUSING AUTHORITY - NO MEETING
TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING
RECONVENE TEMECULA CITY COUNCIL
BUSINESS
Any member of the public may address the City Council on items that appear on the Business portion of the agenda. Each speaker is limited to five minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or Deputy City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk or Deputy City Clerk and then, if time remains, email comments will be read.
Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.
12. Consider Appointments to Citv Council Committees for Calendar Year 2022 Recommendation: That the City Council appoint members to serve on committees for calendar year 2022 and approve related City Council Committee Appointments List.
Attachments: Agenda Report
Draft Council Committee Assignment List
13. Consider State and Federal Legislative Mandates (At the Request of Mayor Rahn) Recommendation: That the City Council consider state and federal legislative mandates and provide general direction regarding the same.
Attachments: Agenda Report
DEPARTMENTAL REPORTS
14. Police Department Monthly Report
Attachments: Agenda Report
Incident Summaries
CITY MANAGER REPORT
CITY ATTORNEY REPORT
City Council Agenda January 18, 2022
ITEMS FOR FUTURE CITY COUNCIL AGENDAS
Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed three (3) minutes unless extended by a majority vote of the City Council. No substantive discussion on the subject of the motion may occur. General discussion amongst the City Council on items listed under this section of the agenda shall be limited to 15 minutes.
Items may only be placed on the agenda by Council Members pursuant to policy or by the City Manager based on administrative or operational needs of the City. Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed three (3) minutes. All public participation is governed by the Council Policy regarding Public Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54.
A. Recognition for Supervisor Chuck Washington (At the Request of Mayor Pro Tempore Schwank) B. Medal of Bravery for Extraordinary Courage (At the Request of Council Member Alexander) C. Term Limits for City Council Members (At the Request of Council Member Alexander)
ADJOURNMENT
The next regular meeting of the City Council will be held on Tuesday, January 25, 2022, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.
NOTICE TO THE PUBLIC
The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444.
Item No. 1
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 18, 2022
SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code.
BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived.
FISCAL IMPACT: None
ATTACHMENTS: None
Item No. 2
ACTION MINUTES
TEMECULA CITY COUNCIL
REGULAR MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
DECEMBER 14, 2021 - 7:00 PM
CALL TO ORDER at 7:01 PM: Mayor Maryann Edwards
INVOCATION: Chaplain Buck Longmore, Retired Firefighter FLAG SALUTE: Mayor Pro Tem Matt Rahn
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart
PRESENTATIONS
Presentation to John Squares and Jayden Michael Squares
BOARD / COMMISSION REPORTS
Community Services Commission, Planning Commission, Public/Traffic Safety Commission
PUBLIC SAFETY REPORT
California Department of Forestry and Fire Protection
PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) submitted an electronic comment on a non -agenda item(s):
• Kay Singh • Dario Bianchi
PUBLIC COMMENTS - AGENDA ITEMS
The following individual(s) addressed the City Council on agenda item(s):
• Bob Kowell (Item # 10) • Rick Reiss (Item # 10)
The following individual(s) submitted an electronic comment on agenda item(s):
•
Rick Reiss (Item #10)
•
Tonya Carlson (Item #24)
•
Don & Rosina Baylor (Item #24)
•
Dr. Vincent M. Soto (Item #24)
•
Christian A. Ariowinoto (Item #24)
•
Rodney Taylor (Item #24)
•
Dr. Philiphia Rouse Minor (Item #24)
•
Kelly Hallmark(Item #24)
•
Julie Gant (Item #24)
•
Aaron Q. Seibert (Item #24)
•
Sandy Hlkavac (Item #24)
•
Rolando Rangel (Item #24)
•
Rodney Jay (Item #24)
•
Antoinette M. Derby (Item #24)
•
Rolando (Rolo) Abeldano (Item #24)
•
Pablo Rivera (Item #24)
•
Ken Carlisle (Item #24)
•
Barry N. Floyd (Item #24)
•
Tracy Thompkins (Item #24)
•
Carol L. Merricks (Item #24)
•
Cy Sibounma (Item #24)
•
Bradford A. Simmons (Item #24)
•
Dennis Recker (Item #24)
0 Carlos Chiu (Item #24)
• Paul Johnson (Item #24)
• Al Rigual (Item #24)
• Don Baylor (Item #24)
CITY COUNCIL REPORTS
CONSENT CALENDAR
• Gerard C. Chiu (Item #24)
• Tania McLean -Nicholas (Item #24)
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (5-0): Motion by Rahn, Second by Schwank. The vote reflected unanimous approval.
1. Waive Reading of Standard Ordinances and Resolutions Recommendation: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code.
2. Approve Action Minutes of November 23 and November 30, 2021 Recommendation: That the City Council approve the action minutes of November 23 and November 30, 2021.
3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2021-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A
4. Approve City Treasurer's Report as of August 31, 2021 Recommendation: That the City Council approve and file the City Treasurer's Report as of August 31, 2021.
5. Adopt Ordinance 2021-05 Amending Article I and Article XIV of Chapter 8.20 of the Temecula Municipal Code Pursuant to SB1383 Regulations (Second Reading) Recommendation: That the City Council adopt an ordinance entitled:
ORDINANCE 2021-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING ARTICLE I, DEFINITIONS, OF
CHAPTER 8.20 OF THE TEMECULA MUNICIPAL CODE AND
AMENDING ARTICLE XIV, MANDATORY ORGANIC WASTE
2 DISPOSAL REDUCTION, OF THE TEMECULA MUNICIPAL
CODE, AND MAKING A DETERMINATION OF EXEMPTION
UNDER CEQA GUIDELINES SECTIONS 15061(B)(3) AND 15308
Approved the Staff Recommendation (4-1): Motion by Rahn, Second by Schwank. The vote reflected unanimous approval with Alexander opposing.
6. Adopt Ordinance 2021-06 Amending the Municipal Code Relatingto o Adjustment of Council District Boundaries to Comply with Amendments to Elections Code Sections 21600 to 21609 (Second Reading)
Recommendation: That the City Council adopt an ordinance entitled:
WA
8. 9.
ORDINANCE NO. 2021-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING SECTION 2.08.028 OF THE TEMECULA
MUNICIPAL CODE RELATING TO THE ADJUSTMENT OF
COUNCIL DISTRICT BOUNDARIES PURSUANT TO THE
REQUIREMENTS OF ELECTIONS CODE SECTIONS 21600 TO
21609
Approve Cancellation of the Regularly Scheduled Meeting of December 28, 2021 Recommendation: That the City Council approve the cancellation of the regularly scheduled meeting of December 28, 2021.
Adopt Resolution Regarding . Settlement of National Opioid Litigation _ Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2021-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE CITY TO ENTER INTO THE
SETTLEMENT AGREEMENTS WITH MCKESSON
CORPORATION, CARDINAL HEALTH, INC.,
AMERISOURCEBERGEN CORPORATION, JOHNSON &
JOHNSON, JANSSEN PHARMACEUTICALS, INC.,
ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC., AND
JANSSEN PHARMACEUTICA, INC., AGREE TO THE TERMS OF
THE MEMORANDUM OF UNDERSTANDING ALLOCATING
SETTLEMENT PROCEEDS, AND AUTHORIZE ENTRY INTO THE
MEMORANDUM OF UNDERSTANDING WITH THE ATTORNEY
GENERAL AND AUTHORIZE THE CITY MANAGER TO TAKE
ALL ACTIONS NECESSARY AND CONVENIENT TO
IMPLEMENT THE SETTLEMENTS
Authorize the Mavor to Execute the Amendment to the Joint Powers of the Western
3 Riverside Council of Governments
Recommendation: That the City Council authorize the Mayor to execute the amendment to the Joint Powers Agreement of the Western Riverside Council of Governments.
10. Authorize Purchase of Additional Cameras for the Flock Automated License Plate Recoanitio System
Recommendation: That the City Council approve the additional services agreement with Flock Group, Inc., to increase the amount of the contract in the amount of $5,500, for additional cameras to be installed as part of the Flock Automated License Plate Recognition System ("Flock System"), for a total agreement amount of $143,000.
Approved the Staff Recommendation (4-1): Motion by Rahn, Second by Schwank. The vote reflected unanimous approval with Alexander opposing.
11. Approve Assignment and Assumption Agreement for Transfer of Rights and Obligations of Development Agreement Between City of Temecula and Temecula West Village, LLC and Settlement Agreement from Temecula Valley West, LLC to SBT Altair, LLC Recommendation:
That the City Council approve an Assignment and Assumption Agreement for Transfer of Rights and Obligations of Development Agreement between City of Temecula and Temecula West Village, LLC and Settlement Agreement from Temecula Valley West, LLC to SBT Altair, LLC.
12. Approve Memorandum of Understanding Between the City of Temecula and the Wolf Creek Maintenance Corporation
Recommendation: That the City Council approve the Memorandum of Understanding between the City of Temecula and Wolf Creek Maintenance Corporation (MOU) and authorize the City Manager to execute the memorandum.
13. Approve Agreement with Aztec Landscape, Inc. d/b/a Aztec Janitorial, Inc., for Janitorial Services for Park Restrooms for Fiscal Year 2021-2023
Recommendation: That the City Council:
1. Approve the Minor Maintenance Agreement for Janitorial Services for Park Restrooms with Aztec Landscaping, Inc., d/b/a Aztec Janitorial, Inc., in the amount of $54,589.32 for Fiscal Year 2021-2022 and $109,178.64 for Fiscal Year 2022-2023, for a total contract amount of $163,767.96; and
2. Approve contingency for extra work in the amount of $16,377, which is approximately 10% of the agreement amount.
14. Approve Agreement for Consultant Services with Jeff Katz Architecture for Community Recreation Center Splash Pad and Shade Structures, PW21-07
15. 16.
17. Recommendation:
That the City Council:
1. Approve the Agreement for Consultant Services with Jeff Katz Architecture in the amount of $152,790 for the Community Recreation Center Splash Pad and Shade Structures; and
2. Authorize the City Manager to approve additional work not to exceed the contingency amount of $15,279, which is approximately 10% of the agreement amount.
Approve First Amendment to Agreement for Minor Maintenance Services with TWM Roofing Inc.
Recommendation: That the City Council approve the First Amendment for Minor Maintenance Services with TWM Roofing, Inc. to increase payment for an additional $180,000, for a total agreement amount of $360,000.
Award Construction Contract to Baker Electric, Inc., for Pedestrian Signal 1 Equipment Upgrade - Citywide, PW19-10
Recommendation: That the City Council:
1. Award a construction contract to Baker Electric, Inc., in the amount of $773,060 for the Pedestrian Signal Equipment Upgrade - Citywide, PW19-10; and
2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $77,306, which is equal to 10% of the contract amount; and
3. Make a finding that the Pedestrian Signal Equipment Upgrade - Citywide, PW19-10, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.
Approve Utility Agreement with Southern California Edison Company for I-15/French Valley Parkway Improvements - Phase II, PW 16-01
Recommendation:
That the City Council approve an agreement with Southern California Edison Company (SCE), in the amount of $972,540, to relocate utilities for the I-15/French Valley Parkway Improvements - Phase II project.
18. Approve Purchase and Sale Agreement for the Partial Acquisition on Assessor's Parcel Number 916-400-054 in Connection with I-15/French Valley Parkway Improvements - Phase II, PW 16-01
Recommendation: That the City Council take the following actions:
1. Adopt a resolution entitled:
RESOLUTION NO. 2021-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN PURCHASE AND
SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
BETWEEN CITY OF TEMECULA AND HOEHN ENTERPRISE 4
TEMECULA LLC IN CONNECTION WITH THE I-15/FRENCH
VALLEY PARKWAY IMPROVEMENTS - PHASE II (PORTIONS
OF APN 916-400-054)
2. Authorize the City Manager to approve and execute all necessary documents, including those in substantially the form attached to the Agenda Report, and take all necessary actions to effectuate the purchase of the approximate 10,114 square foot partial fee acquisition on the real property located at 40955 Temecula Center Drive, Temecula (portions of Assessor's Parcel Number 916-400-054).
19. Approve Purchase and Sale Agreement for the Partial Acquisition on Assessor's Parcel Number 916-400-061 in Connection with I-15/French Valley Parkway Improvements - Phase II, PW 16-01
Recommendation: That the City Council take the following actions:
1. Adopt a resolution entitled:
RESOLUTION NO. 2021-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN PURCHASE AND
SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
BETWEEN CITY OF TEMECULA AND HOEHN ENTERPRISE 5
TEMECULA LLC IN CONNECTION WITH THE I-15/FRENCH
VALLEY PARKWAY IMPROVEMENTS - PHASE II (PORTIONS
OF APN 916-400-061)
2. Authorize the City Manager to approve and execute all necessary documents, including those in substantially the form attached to the Agenda Report, and take all necessary actions to effectuate the purchase of the approximate 6,428 square foot partial fee acquisition on the real property located on Temecula Center Drive, west of Ynez Road in the City of Temecula (portions of Assessor's Parcel Number 916-400-061).
RECESS:
At 8:04 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 8:13 PM the City Council resumed with the remainder of the City Council Agenda. 6 RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
21. Recommended Adoption of Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes on Assessor's Parcel Number 910-281-001 and Certain Interests in Dominant Estate Interest in APN 910-271-002 in Connection with the I-I5/French Valley Parkway IMprovements — Phase II
Recommendation: That the City Council take the following actions:
1. Consider the following Resolution, which is a Resolution of Necessity of the City of Temecula, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof in connection with the I-15/French Valley Parkway Improvements — Phase II:
RESOLUTION NO. 2021-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION
WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS
— PHASE II (CERTAIN PROPERTY INTERESTS ON APN
910-281-001 AND CERTAIN INTERESTS IN DOMINANT ESTATE
INTEREST ON APN 910-271-002)
2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity.
3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2021-68, ("Resolution of Necessity"), which requires a 4/5ths vote of the entire City Council, authorizing the acquisition by eminent domain of the Subject Property Interests summarized below and described more particularly in the Exhibits to the Resolution of Necessity:
(i) BRE 26201 Ynez Owner, LLC, a Delaware limited liability company — Certain Real Property Interests in Connection with APN 910-281-001 and Certain Interests in Dominant Estate Interest in APN 910-271-002
• A fee interest in an approximate 177 square foot portion of APN 910-281-001 identified as Caltrans Parcel 25216-1, and described more particularly on Exhibit "A- I" to Resolution No. 2021-68. • A permanent footing easement on an approximate 500 square foot portion of APN 910-281-001 identified as Caltrans Parcel 25216-2, and described more particularly on Exhibit "A-2" to Resolution No. 2021-68.
• An approximate 822 square foot temporary construction easement with a term of twenty-eight (28) months to help facilitate the City's construction of Phase II on the portion of APN 910-281-001 identified as Caltrans Parcel 25216-3, and described more particularly on Exhibit "A-3" to Resolution No. 2021-68.
• Interest of BRE 26201 Ynez Owner, LLC in and to (a) an approximate 10 square foot portion of the footing easement on the access and parking easement (dominant estate) that benefits APN 910-281-001 located on the portion of the adjacent real property identified as APN 910-271-002, which is owned by Ynez Acres II, a California general partnership, included within the legal description of Caltrans Parcel 24616-2 and (b) an approximate 215 square foot portion of the temporary construction easement with a term of twenty-eight (28) months on the access and parking easement (dominant estate) portion of APN 910-271-002 included within the legal description of Caltrans Parcel 24616-3 that the City seeks to acquire on the Ynez Acres II Parcel. Caltrans Parcel 24616-2 is described on Exhibit "A-4" to Resolution No. 2021-68.
Caltrans Parcel 24616-3 is described on Exhibit "A-5" to Resolution No. 2021-68.
The above real property interests required from the BRE 26201 Ynez Owner, LLC Parcel and the interests of BRE 26201 Ynez Owner, LLC in and to the approximate 10 square foot portion of BRE 26201 Ynez Owner's dominant estate in the footing easement on APN 910-271-002 and the approximate 215 square foot portion of the temporary construction easement required from BRE 26201 Ynez Owner's dominant estate interest in APN 910-271-002 are referred to collectively below as the "Subject Property Interests".
4. If the City Council adopts the proposed Resolution of Necessity, authorize the City Attorney's Office to file and prosecute eminent domain proceedings for the acquisition of the Subject Property Interests by eminent domain.
5. Authorize the City Manager to execute all necessary documents.
6. Authorize the City Clerk to certify the adoption of the Resolution of Necessity.
Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval.
22. Recommended Adoption of Resolution of Necessitv for the Acauisition by Eminent Domain of Interests in Billboards Identified as Sian Number 33321 and Sian Number 33322 Located on Portions of the Real Properties Identified as Assessor's Parcel Numbers 910-060-002 and 910-060-004 for Public Purposes in Connection with the I-15/French Valley Parkway Improvements — Phase II, PW16-01
Recommendation: That the City Council take the following actions:
1. Consider the following Resolution, which is a Resolution of Necessity of the City of Temecula, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof in connection with the I-15/French Valley Parkway Improvements — Phase II, PW 16-01:
RESOLUTION NO. 2021-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION
WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS
— PHASE II (CERTAIN REAL PROPERTY INTERESTS IN
CONNECTION WITH OUTDOOR ADVERTISING
STRUCTURES/BILLBOARDS IDENTIFIED AS SIGN NUMBER
33321 AND SIGN NUMBER 33322, LOCATED ON PORTIONS OF
THE REAL PROPERTIES IDENTIFIED AS APNS 910-060-002 &
910-060-004)
2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity.
3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2021-69, ("Resolution of Necessity"), which requires a 4/5ths vote of the entire City Council, authorizing the acquisition by eminent domain of the Subject Property Interests summarized below and described more particularly in the Exhibits to the Resolution of Necessity:
9 (i) Lamar Central Outdoor, Inc. — Interests in Outdoor Advertising Structures/Billboards Identified as Sign Number 33321 and Sign Number 33322 located on portions of the real properties identified as Riverside County Tax Assessor's Parcel Numbers 910-060-002 and 910-060-004
• Certain real property interests of Lamar Central Outdoor, Inc. ("Lamar") consisting of the interests of Lamar in and to the outdoor advertising structures/billboards identified as Sign Number 33321 and Sign Number 33322, leasehold interests in connection with Sign Number 33321 and Sign Number 33322, easement interests, if any, in connection with the use of the portions of APNs 910-060-002 and 910-060-004 on which Sign Number 33321 and Sign Number 33322 are located, and goodwill relating to said outdoor advertising structures/billboards located on portions of the real properties identified as APNs 910-060-002 and 910-060-004 depicted on the Exhibits to Resolution No. 2021-69.
The above interests of Lamar in and to Sign Number 33321 and Sign Number 33322, interests of Lamar in and to said structures, and leasehold interests in connection with said structures, any easement interests in connection with Sign Number 33321 and Sign Number 33322 and use of portions of APNs 910-060-002 and 910-060-004 in connection with Sign Number 33321 and Sign Number 33322 are referred to below as the "Subject Property Interests".
4. If the City Council adopts the proposed Resolution of Necessity, authorize the City Attorney's Office to file and prosecute eminent domain proceedings for the acquisition of the Subject Property Interests by eminent domain.
5. Authorize the City Manager to execute all necessary documents.
6. Authorize the City Clerk to certify the adoption of the Resolution of Necessity.
Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval.
23. Recommended Adoption of Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes on Assessor's Parcel Numbers 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 in Connection with the I- I 5/FrenchValley Parkway Improvements — Phase II
Recommendation: That the City Council take the following actions:
1. Consider the following Resolution, which is a Resolution of Necessity of the City of Temecula, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof in 10 connection with the I-15/French Valley Parkway Improvements — Phase II:
RESOLUTION NO. 2021-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION
WITH THE I-15/FRENCH VALLEY PARKWAY IMPROVEMENTS
— PHASE II (CERTAIN PROPERTY INTERESTS ON APNS
910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015)
2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity.
3. If the City Council finds, based on the evidence contained and referred to in this Report, the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 2021-70, ("Resolution of Necessity"), which requires a 4/5ths vote of the entire City Council, authorizing the acquisition by eminent domain of the Subject Property Interests summarized below and described more particularly in the Exhibits to the Resolution of Necessity:
(i) Larchmont Park, LLC — Certain Real Property Interests on APNs 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 • An approximate 52,090 square foot fee portion of APNs 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 described more particularly on Exhibit "A" and roughly depicted on Exhibit `B" to Resolution No. 2021-70.
• Any and all interests of Larchmont Park, LLC in and to the outdoor advertising structure/billboard and lease interests relating to said structure located on portions of APN 910-060-002 impacted by Phase II.
The above approximate 52,090 square foot fee portion of APNs 910-020-077, 910-060-002, 910-060-003, 910-060-009, & 910-060-015 and Larchmont Park's interest in and to the outdoor advertising structure/billboard and lease interests on portions of APN 910-060-002 are referred to below collectively as the "Subject Property Interests".
IF
4. If the City Council adopts the proposed Resolution of Necessity, authorize the City Attorney's Office to file and prosecute eminent domain proceedings for the acquisition of the Subject Property Interests by eminent domain.
5. Authorize the City Manager to execute all necessary documents.
6. Authorize the City Clerk to certify the adoption of the Resolution of Necessity.
Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval.
BUSINESS
24. Appoint Members to the Old Town Local Review Board and Community Services, Public/Traffic Safety and Race, Equity, Diversity, and Inclusion Commissions Recommendation: That the City Council appoint members to the Old Town Local Review Board and the Community Services, Public/Traffic Safety and Race, Equity, Diversity, and Inclusion Commissions.
Approved (5-0): Motion by Rahn, Second by Schwank to extend Ross Jackson's term on the Old Town Local Review Board to December 31, 2022. Staff to return at a future date with revised purpose of the Old Town Local Review Board. The vote reflected unanimous approval.
Approved (5-0): Motion by Rahn, Second by Alexander to appoint Gari Oddi and Yuan Hawkes to the Community Services Commission. The vote reflected unanimous approval.
Approved (5-0): Motion by Schwank, Second by Alexander to appoint Eric Ackerman to the Public/Traffic Safety Commission. The vote reflected unanimous approval.
Approved (5-0): Motion by Rahn, Second by Schwank to appoint Eric Faulkner and Adam Eventov to the Race Equity, Diversity and Inclusion Commission. The vote reflected unanimous approval.
25. Approve Amendment to the Memorandum of Understanding (MOU) with Teamsters Local 911 Succeeding the MOU that Expires June 30, 2022; Approve Amended and Restated Management Compensation Plan; and Approve Amended Salary Schedule
Recommendation: That the City Council:
1. Approve an Amendment to the Memorandum of Understanding (MOU) between the City of Temecula and the General Employees of the City of Temecula represented by the California Teamsters Public, Professional, and Medical Employee Union Local 911 (Union) effective July 1, 2021 through June 30, 2022;
12 2. Approve the Amended and Restated Management Compensation Plan (MCP); and
3. Approve the Amended Salary Schedule to Effective July 1, 2021.
Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Alexander. The vote reflected unanimous approval.
26. Consider Memorial and Monument Policy (At the Request of Council Member Stewart) Recommendation: That the City Council consider a memorial and monument policy and provide staff general direction regarding the same.
Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Alexander. The vote reflected unanimous approval.
JOINT MEETING - CITY COUNCIL AND COMMUNITY SERVICES DISTRICT
27. Appoint the Mayor, Mayor Pro Tempore, President, Vice -President for Calendar Year 2022 Recommendation: That the City Council/Board of Directors:
1. Appoint the Mayor and Mayor Pro Tempore, effective January 1, 2022, to serve in this capacity until December 31, 2022; and
2. Appoint the President and Vice -President, effective January 1, 2022, to serve in this capacity until December 31, 2022.
Approved (4-0, Alexander abstained): Motion by Edwards, Second by Stewart to appoint Matt Rahn as Mayor and Zak Schwank as Mayor Pro Tem. The vote reflected unanimous approval with Alexander abstaining.
Approved (5-0): Motion by Rahn, Second by Schwank to appoint James Stewart as TCSD President and Zak Schwank as TCSD Vice -President. The vote reflected unanimous approval.
DEPARTMENTAL REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ITEMS FOR FUTURE CITY COUNCIL AGENDAS
A. State and Federal Legislative Activity (At the Request of Mayor Pro Tempore Rahn) 13 ADJOURNMENT
At 11:12 PM, the City Council meeting was formally adjourned to Tuesday, January 11, 2022, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
Maryann Edwards, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
14 Item No. 3
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: January 18, 2022
SUBJECT: Approve the List of Demands
PREPARED BY: Pam Espinoza, Accounting Technician I
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting.
FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures.
ATTACHMENTS: 1. Resolution
2. List of Demands
RESOLUTION NO.2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $7,379,918.79.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 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
CITY OF TEMECULA
LIST OF DEMANDS
12/02/2021 TOTAL CHECK RUN:
12/09/2021 TOTAL CHECK RUN:
12/16/2021 TOTAL CHECK RUN:
12/22/2021 TOTAL CHECK RUN:
12/23/2021 TOTAL CHECK RUN:
12/28/2021 TOTAL CHECK RUN:
12/30/2021 TOTAL CHECK RUN:
12/02/2021 TOTAL PAYROLL RUN:
12/09/2021 TOTAL PAYROLL RUN:
12/22/2021 TOTAL PAYROLL RUN:
12/28/2021 TOTAL PAYROLL RUN:
TOTAL LIST OF DEMANDS FOR 01/18/2022 COUNCIL MEETING:
923,646.49
804,834.39
2,409,189.08
331,614.37
266,299.43
864,386.16
120,729.23
120,893.74
601,310.73
560,041.09
376,974.08
$ 7,379,918.79
CITY OF TEMECULA
LIST OF DEMANDS
DISBURSEMENTS BY FUND:
CHECKS:
001
GENERAL FUND
1,803,274.75
002
MEASURE S FUND
1,973.15
125
PEG PUBLIC EDUCATION & GOVERNMENT
9,025.37
140
COMMUNITY DEV BLOCK GRANT
50,153.23
165
AFFORDABLE HOUSING
16,845.14
190
COMMUNITY SERVICES DISTRICT
705,999.67
192
TCSD SERVICE LEVEL "B" STREET LIGHTS
23,293.21
194
TCSD SERVICE LEVEL D REFUSE RECYCLING
2,478.43
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
11,148.00
197
TEMECULA LIBRARY FUND
23,322.41
210
CAPITAL IMPROVEMENT PROJECTS FUND
2,388,718.27
300
INSURANCE FUND
42,596.71
305
WORKER'S COMPENSATION
9,211.08
320
INFORMATION SYSTEMS
216,141.14
330
CENTRAL SERVICES
7,900.00
340
FACILITIES
84,007.37
380
SARDA DEBT SERVICE FUND
295,000.00
472
CFD 01-2 HARVESTON A&B DEBT SERVICE
1,702.79
473
CFD 03-1 CROWNS HILL DEBT SERVICE FUND
1,702.79
475
CFD03-3 WOLF CREEK DEBT SERVICE FUND
1,751.56
476
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
1,702.79
477
CFD 03-02 RORIPAUGH DEBT SERVICE FUND
1,751.82
478
CFD 16-01 RORIPAUGH PHASE II
6,077.33
479
CFD 19-01 CYPRESS RIDGE
1,147.50
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
36.16 502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
54.44 503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLAND
74.17 504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS
70.22 505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
72.53 506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
54.49 507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
37.33 508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
2,433.94
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA
17.83 510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
18.40 511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW
18.01 512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
1,536.73
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP.
124.09
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
54.03 515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES
253.91
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
195.54
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA
18.01 518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
178.07
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
133.69
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
3,058.98
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
855.86
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE
18.15 523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
19.07 524
SERVICE LEVEL"C"ZONE 24 HARVESTON
2,397.53
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
24.01 526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION
62.70 527
SERVICE LEVEL"C"ZONE 27 AVONDALE
301.14
528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
1,585.24
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT
70.37 $ 5,720,699.15
CITY OF TEMECULA
LIST OF DEMANDS
PAYROLL:
001
GENERAL FUND
967,400.56
140
COMMUNITY DEV BLOCK GRANT
1,367.05
165
AFFORDABLE HOUSING
13,804.95
190
TEMECULA COMMUNITY SERVICES DISTRICT
427,482.32
194
TCSD SERVICE LEVEL D REFUSE RECYCLING
3,683.95
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
1,632.08
197
TEMECULA LIBRARY FUND
9,961.57
300
INSURANCE FUND
7,970.86
305
WORKERS' COMPENSATION
6,020.61
320
INFORMATION TECHNOLOGY
110,346.23
330
SUPPORT SERVICES
12,530.57
340
FACILITIES
26,641.95
472
CFD 01-2 HARVESTON A&B DEBT SERVICE
90.76 473
CFD 03-1 CROWNS HILL DEBT SERVICE FUND
90.76 475
CFD03-3 WOLF CREEK DEBT SERVICE FUND
272.47
476
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
90.76 477
CFD 03-02 RORIPAUGH DEBT SERVICE FUND
272.31
478
CFD 16-01 RORIPAUGH PHASE II
181.55
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
0.14 502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
1.43 503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS
1.43 504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS
(53.39)
505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
1.45 506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
1.45 507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
0.14 508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
745.15
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA
0.14 510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
1.45 511
SERVICE LEVEL"C"ZONE I I MEADOWVIEW
0.14 512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
372.54
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP.
36.52 514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
0.14 515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES
0.14 516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
36.52 517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA
0.14 518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
223.38
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
312.85
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
745.06
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
1,393.52
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE
0.14 523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
2.86 524
SERVICE LEVEL"C"ZONE 24 HARVESTON
586.50
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
73.18 526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION
0.14 527
SERVICE LEVEL"C"ZONE 27 AVONDALE
1.43 528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
1,466.60
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT
(0.10)
700
CERBT CALIFORNIA EE RETIREE-GASB45
63,427.24
TOTAL DISBURSEMENTS BY FUND:
$ 1,659,219.64
$ 7,379,918.79
apChkLst
11/30/2021 11:22: 58AM
Final Check List
CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor Description
501416 12/2/2021 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING/MAINT: TPL
DBA, ALLEGRO PIANO
SERVICE
501417 12/2/2021
013015 ALWAYS RELIABLE
BACKFLOW REPAIRS: VARIOUS
BACKFLOW, AKA NANETTE
PARKS
SEMAN
PIPE LEAK REPLAC FIRE STA 12: CIP: PV
BACKFLOW REPAIRS: VARIOUS PARKS
BACKFLOW TESTS: VARIOUS PARKS
BACKFLOW TESTING: VARIOUS PARKS
BACKFLOW REPAIR: OVERLAND
BACKFLOW TESTING: FACILITIES: PW
BACKFLOW REPAIR: JEFFERSON AVE M
BACKFLOW TESTING: VARIOUS PARKS:
BACKFLOW TESTING: VARIOUS MEDIAN
BACKFLOW TESTING: RRSP
501418 12/2/2021
012951 APPLIED DEVELOPMENT
LR21-0021 Quality of Life Master Plan
ECONOMICS
501419 12/2/2021
013950 AQUA CHILL OF SAN DIEGO
NOV DRINKING WTR MAINT:
AQUATICS
NOV DRINKING WTR MAINT: MPSC
NOV DRINKING WTR MAINT: TCC
NOV DRINKING WTR MAINT: JRC
NOV DRINKING WTR MAINT: FOC
NOV DRINKING WTR MAINT: TPL
NOV DRINKING WTR MAINT: PW
NOV DRINKING WTR MAINT: TVM
NOV DRINKING WTR MAINT: INFO TECH
501420 12/2/2021
018408 BOB CALLAHAN'S POOL
NOV POOL MAINT SVC: CRC & TESC
SERVICE
NOV FOUNTAIN MAINT SVC: OLD TOWN
501421 12/2/2021
004248 CALIF DEPT OF
OCT FINGERPRINT SVCS: CLASSES:
JUSTICE-ACCTING
TCSD
501422 12/2/2021
016688 CALIFORNIA WATERSHED ENG
DSGN SVCS: FLOOD CONTROL
CORP, DBA CWE
CHANNEL PW11-10
501423 12/2/2021
003997 COAST RECREATION INC
MISC PLAYGROUND PARTS: PARKS:
PW
MISC PLAYGROUND PARTS: PARKS: PW
501424 12/2/2021
004412 COMPLETE TENNIS CAMP,
TCSD INSTRUCTOR EARNINGS
CTC TENNIS AKA KERRY LE
501425 12/2/2021 000442 COMPUTER ALERT SYSTEMS SVC CALL: OLD TOWN Amount Paid
225.00
2,710.00
2,471.85
630.00
486.00
270.00
240.00
216.00
200.00
189.00
54.00 27.00
5,837.08
67.34 34.75
28.28 28.28
28.28 28.28
28.28 28.28
28.28 1,100.00
950.00
1,070.00
1,060.00
7,158.70
893.01
606.38
80.00 Page: 1
Check Total
225.00
7,493.85
5,837.08
300.05
2,050.00
1,070.00
1,060.00
8,051.71
606.38
80.00 Page:1
apChkLst
11/30/2021
11:22:58AM
Final Check List
CITY OF TEMECULA
Page: 2
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
501426
12/2/2021
017542
COX, KRISTI LYN
TCSD INSTRUCTOR EARNINGS
151.20
151.20
501427
12/2/2021
010650
CRAFTSMEN PLUMBING &
BUILDING INSPECTION: CHILDRENS
875.00
HVAC INC
MUSEUM
SINK REPAIR: FIELD OPS CTR
240.00
1,115.00
501428
12/2/2021
022506
DESIGN PATH STUDIO
Permit Ready Accessory Dwelling Unit
3,837.50
3,837.50
501429
12/2/2021
003945
DIAMOND ENVIRONMENTAL
PORTABLE RESTROOM: VAIL RANCH
165.88
SRVCS
PARK
PORTABLE RESTROOM: RIVERTON PAR
110.88
PORTABLE RESTROOM: LONG CANYON
110.88
PORTABLE RESTROOM: VETERANS PAF
110.88
498.52
501430
12/2/2021
012747
EMERGENCY LIGHTING
R&R LIGHTING SYSTEM BATTERIES:
14,161.92
14,161.92
EQUIPMENT, SERVICE
THEATER
COMPANY INC DBA:
501431
12/2/2021
010804
FEHR AND PEERS
TRANSP
8,520.83
8,520.83
DISCOVERY/BENCHMARKING: PLAN
501432
12/2/2021
014865
FREIZE UHLER KIMBERLY DBA,
POLO SHIRTS: STAFF: HR
214.61
214.61
CLEAR BLUE PROMOTIONS
501433
12/2/2021
020628
HASA INC
POOL SANITIZING CHEMICALS:
826.61
826.61
VARIOUS POOLS
501434
12/2/2021
012285
JOHNSTONE SUPPLY
MISC SUPPLIES: CIVIC CTR
2,195.05
2,195.05
501435
12/2/2021
021370
MARK THOMAS AND COMPANY
DSGN & ENVIRO SVCS: CONG
18,533.57
18,533.57
INC
RELIEF,PW19-02
501436
12/2/2021
018675
MDG ASSOCIATES INC
OCT CDBG PRGM ADMIN: COM DEV
4,193.50
OCT CDBG-CV EMERGENCY RENTAL AS
2,220.00
OCT CDBG-CV EMERGENCY RENTAL AS
2,188.50
OCT CDBG-CV EMERGENCY RENTAL AS
835.50
9,437.50
501437
12/2/2021
018314
MICHAEL BAKER
DSGN SVCS: TEMECULA PKWY
1,950.00
1,950.00
INTERNATIONAL
PW18-11
501438
12/2/2021
012264
MIRANDA, JULIO C
TCSD INSTRUCTOR EARNINGS
88.20 88.20
501439
12/2/2021
004043
MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: PARKS: PW
3,227.27
INC
ELECTRICAL SUPPLIES: IWTCM
992.28
ELECTRICAL SUPPLIES: IWTCM
183.77
ELECTRICAL SUPPLIES: MRC
132.70
ELECTRICAL SUPPLIES: IWTCM
44.13 4,580.15
Paget
apChkLst Final Check List Page: 3
11/30/2021 11:22:58AM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
501440
12/2/2021
009337
NV5 INC
SEP PROJ MGT SVCS: MRC, PW17-21
501441
12/2/2021
021121
OCCUPATIONAL HEALTH CTR
Medical Screenings: HR
OF CA, DBA CONCENTRA
MEDICAL CTR
501442
12/2/2021
021998
OLD TOWN TIRE AND SERVICE
VEHICLE MAINT: PARKS: PW
INC
501443
12/2/2021
022553
PAL GENERAL ENGINEERING
9/2-11/3 PARK & RIDE ACCESS
INC
IMPRVS, 18-1
501444
12/2/2021
020244
PLAYCORE WISCONSIN INC,
MISC PLAYGROUND PARTS: PARKS
DBA GAMETIME
501445
12/2/2021
022537
REFRIGERATION SUPPLIES,
HVAC SUPPLIES: CIVC CTR
DISTRIBUTOR
501446
12/2/2021
003591
RENES COMMERCIAL
11/16 HERBICIDE APPLICATION: CITY
MANAGEMENT
R-O-W
CLEAN-UP SRVCS: CITYWIDE R-O-WS
OCT SHOPPING CART CLEANUP: CITY P
11/10 HOMELESS ENCAMPMENT: TEM CI
501447
12/2/2021
002412
RICHARDS WATSON AND
OCT 2021 LEGAL SERVICES
GERSHON
OCT 2021 LEGAL SERVICES
SEPT 2021 LEGAL SERVICES
501448
12/2/2021
014347
ROBERTS, PATRICIA G.
TCSD INSTRUCTOR EARNINGS
501449
12/2/2021
004274
SAFE AND SECURE
LOCKSMITH SERVCIES: PW PARKS
LOCKSMITH SRVC
LOCKSMITH SRVCS: T. MUSEUM
LOCKSMITH SERVCIES: PW PARKS
501450
12/2/2021
009452
STRAWN, WILLIAM
REIMB:SUPPLIES FOR COMMUNITY
THEATER
REIMB:SUPPLIES FOR COMMUNITY THE
501451
12/2/2021
000668
TIMMY D PRODUCTIONS INC
DJ/MC/SOUND SET-UP: TEM VLY
YOUTH SYMPHO
501452
12/2/2021
003730
WEST COAST ARBORISTS INC
8/16-31 TREE MAINT: PARKS &
MEDIANS
9/1-15 TREE MAINT SRVCS: CITY R-O-W
9/16-30 EMERG TREE MAINT: SLOPES
501453
12/2/2021
008402
WESTERN RIVERSIDE CO
MSHCP FEE: PW11-10 JPR18-08-30-01
REG, CONSERVATION
AUTHORITY
Amount Paid Check Total
6,600.00 6,600.00
32.50 32.50
242.69 242.69
176, 788.49 176, 788.49
585.78 585.78
454.74 454.74
24,920.00
5,000.00
1,774.00
1,725.00 33,419.00
2,389.66
692.50
607.50 3,689.66
2,255.06 2,255.06
233.83
160.00
23.00 416.83
500.22
296.74 796.96
2,750.00 2,750.00
4,478.00
4,450.00
1,758.00 10,686.00
119.82 119.82
Page3
apChkLst Final Check List Page: 4
11/30/2021 11:22:58AM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
501454 12/2/2021 021024 YANES BLANCAA, DBADE
GANGE CONSULTING
(Continued)
Description
Amount Paid Check Total
AUG LDSCP PLN CK & INSPECTION:
25,772.00
PLNG
OCT LDSCP PLN CK & INSPECTION: PLN
19,320.00
SEPT LDSCP PLN CK & INSPECTION: PL
15,862.50
Grand total for EFT UNION BANK:
60,954.50
392,676.76
Page:4
apChkLst Final Check List Page: 5
11/30/2021 11:22:58AM CITY OF TEMECULA
39 checks in this report.
Grand Total All Checks: 392,676.76
Page:5
apChkLst Final Check List Page: 1
12/02/2021 4:13:36PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
Description
207419
12/2/2021
022723
WILCOX, SHARON C
VETERINARY SVCS: ROSE PARADE:
ECON DEV
207420
12/2/2021
022723
WILCOX, SHARON C
TV HORSEWOMEN: ROSE PARADE
207421
12/2/2021
022723
WILCOX, SHARON C
TV HORSEWOMEN: ROSE PARADE
207422
12/2/2021
020724
79 FIELD HOCKEY INC
TCSD INSTRUCTOR EARNINGS
207423
12/2/2021
007282
AMAZON CAPITAL SERVICES
MISC SUPPLIES: MPSC: TCSD
INC
MISC EQUIP - BC/CHIEF: FIRE DEPT
MISC OFC SUPPLIES: HR
MISC OFC SUPPLIES: PREVENTION: FIR
MISC SUPPLIES: TVM: TCSD
MISC OFC SUPPLIES: RECOGNITION PR
MISC SUPPLIES: TVM: TCSD
207424
12/2/2021
004623
AQUA SOURCE INC
VARIOUS SUPPLIES: AQUATICS
207425
12/2/2021
007065
B&H PHOTO & ELECTRONICS
AV MOBILE CART. PEG
CORP
207426
12/2/2021
015592
BAMM PROMOTIONAL
UNIFORMS: STREETS: PW
PRODUCTS INC
207427
12/2/2021
021439
BELLEVILLE, DON
REIMB: STAFF TRAINING:
CERTIFICATION
207428
12/2/2021
001323
BLUETRITON BRANDS INC,
10/11-11/10 WTR DLVRY SVC: FOC
DBA READYREFRESH
9/11-10/10/21 WTR DLVRY SVC: FOC
207429
12/2/2021
022733
BRENIFF, JENNY
PLEIN AIR COMPETITION AWARD:
TCSD
207430
12/2/2021
021502
BUCHER, BRET PHILLIP
TCSD INSTRUCTOR EARNINGS
207431
12/2/2021
003138
CAL MAT, DBAVULCAN
ASPHALT SUPPLIES: STREET MAINT:
MATERIALS CO
PW
ASPHALT SUPPLIES: STREET MAINT: PV1
ASPHALT SUPPLIES: STREET MAINT: PV1
ASPHALT SUPPLIES: STREET MAINT: PV1
207432
12/2/2021
000647
CALIF DEPT OF CONSUMER
LICENSE RENEWAL: BENNETTS, S.
AFFAIRS
Amount Paid Check Total
4,512.50 4,512.50
4,512.50
4,512.50
240.00
240.00
1,344.00
1,344.00
237.36
200.79
136.07
116.83
104.69
65.22 49.56
910.52
1,929.88
1,929.88
3,987.27
3,987.27
197.73
197.73
636.87
636.87
145.98
71.08 217.06
500.00
500.00
1,232.00
1,232.00
529.17
526.76
408.06
165.04
1,629.03
180.00
180.00
Page:1
apChkLst Final Check List Page: 2
12/02/2021 4:13:36PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date Vendor
207433
12/2/2021 004462
CDW LLC, DBA CDW
GOVERNMENT LLC
207434
12/2/2021 016446
CHRISTIAN STITCHERY INC,
DBA SO CAL IMPRESSIONS
207435 12/2/2021 005410 COLE, THOMAS
207436 12/2/2021 011922 CORELOGIC INC, DBA
CORELOGIC SOLUTIONS
207437 12/2/2021 013379 COSSOU, CELINE
207438 12/2/2021 001264 COSTCO TEMECULA 491
207439 12/2/2021 004329 COSTCO TEMECULA 491
207440 12/2/2021 012600 DAVID EVANS AND
ASSOCIATES INC
207441 12/2/2021 002990 DAVID TURCH AND
ASSOCIATES
207442 12/2/2021 015330 FAIR HOUSING COUNCIL, OF
RIVERSIDE COUNTY INC
207443 12/2/2021 000165 FEDERAL EXPRESS INC
(Continued)
Description
ETHERNET SWITCHES: TRAFFIC
STAFF UNIFORMS: CRC: TCSD
STAFF UNIFORMS: CRC: TCSD
SPORTS UNIFORMS: SPORTS: TCSD
SPORTS AWARDS: SPORTS: TCSD
MISC PROMO ITEMS: SKATE PARK: TCSI
SPORTS AWARDS: SPORTS: TCSD
SPORTS AWARDS: SPORTS: TCSD
SPORTS AWARDS: SPORTS: TCSD
SPORTS AWARDS: SPORTS: TCSD
SPORTS AWARDS: SPORTS: TCSD
SPORTS AWARDS: SPORTS: TCSD
SPORTS UNIFORMS: SPORTS: TCSD
REIMB: UNIFORMS: CODE
ENFORCEMENT
OCT PROP ID SFTWR: CODE
ENFORCEMENT
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
HOSPITALITY & OFC SUPPLIES:
THEATER
HOSPITALITY & OFC SUPPLIES: THEATE
MISC SUPPLIES: PLANNING COMM MTG
PRGM & EVENT SUPPLIES:HUMAN
SVCS:TCSD
MISC SUPPLIES: SPECIAL EVENTS: TCS
DSGN CONSULT SVCS: PICKLEBALL
COURTS 21-
DSGN SVCS: RECYCLED WATER PROJE
OCT DSGN SVCS: DIAZ RD PROJ PW17-:
OCT CONST BID SUPPOT: SANTA GERTF
OCT FEDERAL LOBBYING SVCS: CITY
MGR
OCT CDBG SUB -RECIPIENT: FAIR
HOUSING SVC
SEP CDBG SUB -RECIPIENT: FAIR HOUSI
AUG CDBG SUB -RECIPIENT: FAIR HOUSI
JUL CDBG SUB -RECIPIENT: FAIR HOUSII
EXP MAIL SVCS: FIRE DEPT
Amount Paid Check Total
54,124.77
947.10
897.19
811.82
426.30
418.69
413.25
387.69
359.42
355.07
312.66
284.93
278.73
160.95
312.00
2,079.00
766.50
305.70
223.38
62.79 405.34
138.49
19,922.20
11,781.00
6,935.00
6,206.00
5,500.00
2,179.93
1,988.44
1,642.50
1,525.07
30.12 54,124.77
5,892.85
160.95
312.00
2,845.50
591.87
543.83
44,844.20
5,500.00
7,335.94
30.12 Paget
apChkLst Final Check List Page: 3
12/02/2021 4:13:36PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
207444
12/2/2021
019177
GOSCH FORD TEMECULA
MISC SVC/REPAIR: MPSC BUS: TCSD
207445
12/2/2021
003792
GRAINGER
AIR HANDLER MOTOR: FACILITIES: PW
207446
12/2/2021
022737
GRAMMATICO, JOE
REFUND: ENG DEPOSIT LD20-0635
207447
12/2/2021
013749
HELIXSTORM INC
NIMBLE HPE MAINT & SUPPORT: INFO
TECH
207448
12/2/2021
003198
HOME DEPOT
MISC HRDWR SUPPLIES: IWTCM
MISC HRDWR SUPPLIES: IWTCM
207449
12/2/2021
022732
HUFF, VICTORIA
PLEIN AIR COMPETITION AWARD:
TCSD
207450
12/2/2021
022569
INLAND FLEET SOLUTIONS INC
EQUIP REPAIRS: STREETS: PW
EQUIP REPAIRS: STREETS: PW
EQUIP REPAIRS: STREETS: PW
EQUIP REPAIRS: STREETS: PW
EQUIP REPAIRS: STREETS: PW
207451
12/2/2021
009693
INLAND VALLEY CLASSICAL
TIX: NUTCRACKER BALLET 11/26 -
BALLET
11/28
207452
12/2/2021
017118
KRACH BREE B, DBA
ENGRAVING SVCS: PLAQUES: TCSD
TEMECULA TROPHY& DES
207453
12/2/2021
010204
M T G L INC
GEOTECH SVCS: PAVEMENT REHAB
BUTTERFIELD
207454
12/2/2021
003782
MAIN STREET SIGNS, DBA
STREET SIGN NAME: HR DEPT
ATHACO INC
VARIOUS SIGNS & SUPPLIES:PARKS: PV
207455
12/2/2021
022744
MANUFACTURER'S & TRADERS
MRAP MORTGAGE GRANT RECIPIENT
TRUST, DBA M&T BANK
1/3
207456
12/2/2021
022572
MERRIFIELD, KRISTIN
TCSD INSTRUCTOR EARNINGS
207457
12/2/2021
013443
MIDWEST TAPE LLC
BOOKS ON TAPE: LIBRARY
BOOKS ON TAPE: LIBRARY
207458
12/2/2021
022675
MOORE, CHRISTOPHER M
STTLMNT: HEY KING! @ THE MERC
11/19
207459
12/2/2021
001214
MORNINGSTAR PRODUCTIONS
LIGHT FIXTURE: CIVIC CTR
LLC
Amount Paid Check Total
146.76
146.76
1,024.62
1,024.62
3,000.00
3,000.00
70,212.60
70,212.60
455.95
216.18
672.13
100.00
100.00
115.50
115.50
115.50
115.50
115.50
577.50
20,681.47
20,681.47
72.86 72.86
20,936.00
20,936.00
67.82 64.60
132.42
2,293.00
2,293.00
2,058.00
2,058.00
88.17 44.69
132.86
518.01
518.01
1,972.18 1,972.18
Page:3
apChkLst Final Check List Page: 4
12/02/2021 4:13:36PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
207460
12/2/2021
000209
NUTRIEN AG SOLUTIONS INC,
SMALL EQUIPMENT REPAIRS: PARKS:
DBA CROP PRODUCTION
PW
SRVCS
SMALL EQUIPMENT REPAIRS: PARKS: PI
207461
12/2/2021
016585
PACIFIC PLAY SYSTEMS INC
MISC PLYGRD PARTS: M NAGGAR PK:
PW
207462
12/2/2021
003663
PECHANGA BAND OF
CULTURAL RSCS MONITORING: CIP:
LUISENO, MISSION INDIANS
PW
CULTRL RSCS MONITORING: CIP: PW
207463
12/2/2021
022693
PHH MORTGAGE
MRAP MORTGAGE GRANT RECIPIENT
CORPORATION, DBA PHH
3/3
MORTGAGE SERVICES
207464 12/2/2021 022736 POLAR ENGRAVING
CORPORATION, DBA POLAR
ENGRAVING
207465 12/2/2021 010338 POOLAND ELECTRICAL,
PRODUCTS INC
207466 12/2/2021 022743 PORTOFINO DEVELOPMENT
LP, DBA PORTOFINO
APARTMENTS
BRICK ENGRAVING: PARKS: PW
VARIOUS SUPPLIES: AQUATICS
CHEMICALS & PARTS: SPLASH PAD: PAF
MRAP RENTALASSIST. GRANT
RECIPIENT
Amount Paid Check Total
145.62
134.46
5,628.00
2,820.34
1,997.04
2,571.90
68.50 1,019.18
597.28
6,075.00
280.08
5,628.00
4,817.38
2,571.90
68.50 1,616.46
6,075.00
Page:4
apChkLst Final Check List Page: 5
12/02/2021 4:13:36PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
207467 12/2/2021 005075 PRUDENTIAL OVERALL
SUPPLY
207468 12/2/2021 009066 RADAR SHOP INC, THE
207469 12/2/2021 020774 RADIANT GLOBAL LOGISTICS
INC, DBAAIRGROUP CORP
207470 12/2/2021 000411 RIVERSIDE CO FLOOD
CONTROLAND, WATER
CONSERVATION DIST
207471 12/2/2021 001097 ROADLINE PRODUCTS INC
(Continued)
Description
Amount Paid Check Total
11/9 UNIFORM RENTAL: STREET
230.39
MAINT: PW
9/21 UNIFORM RENTALS: PW PARKS
87.96 11/09 UNIFORM RENTAL: PARKS: PW
65.49 8/31 UNIFORM RENTALS: PW PARKS
65.49 10/5 UNIFORM RENTALS: PW PARKS
65.49 9/7 UNIFORM RENTALS: PW PARKS
63.06 9/28 FLOOR MATS/TOWEL RENTALS: FO
9.70 10/5 FLOOR MATS/TOWEL RENTALS: FO
9.70 10/19 FLOOR MATS/TOWEL RENTALS: F(
9.70 11/9 FLOOR MATS/TOWEL RENTALS: FOi
9.70 8/24 FLOOR MATS/TOWEL RENTALS: FO
9.70 9/7 FLOOR MATS/ TOWEL RENTALS: FOC
9.70 8/31 FLOOR MATS/ TOWEL RENTALS: FC
9.70 9/21 FLOOR MATS/TOWEL RENTALS: FO,
9.70 9/14 FLOOR MATS/TOWEL RENTALS: FO
9.70 8/19 FLOOR MATS/TOWEL RENTALS: MP
23.15 8/26 FLOOR MATS/TOWEL RENTALS: MP
23.15 9/9: FLOOR MATS/TOWEL RENTALS: MP:
23.15 9/23 FLOOR MATS/TOWEL RENTALS: MP
23.15 10/7 FLOOR MATS/TOWEL RENTALS: MP
23.15 10/21 FLOOR MATS/TOWEL RENTALS: M
23.15 8/24 UNIFORM RENTALS: STREETS: PW
52.34 8/31 UNIFORM RENTALS: PW STREET M,
52.34 9/7 UNIFORM RENTALS: PW STREET MA
52.34 9/14 UNIFORM RENTALS: PW STREET M,
52.34 10/5 UNIFORM RENTALS: PW STREET M,
52.34 10/12 UNIFORM RENTALS: PW STREET
52.34 9/14 UNIFORM RENTALS: PW PARKS
63.06 9/28 UNIFORM RENTALS: PW PARKS
63.06 10/19 UNIFORM RENTALS: PW PARKS
63.06 10/12 UNIFORM RENTALS: PW PARKS
63.06 9/21 UNIFORM RENTALS: PW PARKS
57.19 9/28 UNIFORM RENTALS: PW STREET M,
57.19 LIDAR REPAIR & MAINT: PD 665.00
EXHIBIT SHIPPING FEE: TVM: TCSD 1,455.00
ADD'L DEP REQUIRED: S. GERTRUDIS
1,000.00
CRK
11/9 CHANGES: S. GERTRUDIS CRK
478.19
TRAFFIC SUPPLIES: STREETS: PW
4,003.06
GRACO LINE LAZIER REPAIR: STREETS:
764.30
1,484.74
665.00
1,455.00
1,478.19
4,767.36
Page:5
apChkLst
12/02/2021 4:13:36PM
Final Check List
CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
207472
12/2/2021
017549
ROSEN AND ROSEN
MISC UNIFORMS: PARKS & STREETS:
INDUSTRIES INC, DBA RAND R
PW
INDUSTRIES
207473
12/2/2021
009980
SANBORN GWYNETH A, CO
COUNTRY LIVE! @ THE MERC 11/20
TEMECULA MUSIC ACADEMY
207474
12/2/2021
017699
SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: ROD RUN
PRESTON
CRUISE 11/5
PHOTOGRAPHY SVCS: ROD RUN SHOW
PHOTOGRAPHY SVCS: SALUTE TO VETI
VIDEO SVCS: ROD RUN DRONE 11/5
PHOTOGRAHY SVCS: AOTW 11/12
207475 12/2/2021 017113 SCHOLASTIC LIBRARY MISC BOOKS: RHRTPL-TCSD
PUBLISHING,
207476 12/2/2021
015364 SEASIDE ICE LLC, DBA ICE
OUTDOOR SKATING RINK: OLD TOWN:
AMERICA
TCSD
207477 12/2/2021
020922 SHARP, ANISSA
REIMB: PTSC MTG 12/1/21: TRAFFIC:
PW
207478 12/2/2021
002503 SOUTH COAST AIR QUALITY,
FY21/22: OPERATING FEES: FOC
MANAGEMENT DISTRICT
FY21-22 FLAT FEE-LST FY EMISSIONS: F
207479 12/2/2021
000519 SOUTH COUNTY PEST
PEST CONTROL SRVCS: TCC
CONTROL INC
PEST CONTROL: PARKS: PW
PEST CONTROL: PARKS: PW
PEST CONTROL: PARKS: PW
PEST CONTROL SRVCS: CRC
PEST CONTROL: FIRE STA 95
OCT PEST CONTROL: FOC
PEST CONTROL SRVCS: MRC
PEST CONTROL SRVCS: DUCK POND
PEST CONTROL: PARKS: PW
PEST CONTROL: TVM
PEST CONTROL SRVCS: TVM
207480 12/2/2021
019250 ST FRANCIS ELECTRIC LLC
REPLACE TRAFFIC POLE: PW TRAFFIC
TRAFFIC SIGNAL MAINT: PW TRAFFIC
207481 12/2/2021
008337 STAPLES BUSINESS CREDIT
MISC OFC SUPPLIES: OLD TOWN
STOREFRONT
207482 12/2/2021
013828 STAR WAY SYSTEMS CORP
RENTALS: AUDIO EQUIP: ROD RUN
207483 12/2/2021
015648 STEIN ANDREW, DBA PARKINK
MISC SUPPLIES/MERCHANDISE: TCSD
Amount Paid
3,390.38
787.50
275.00
275.00
220.00
200.00
170.00
20.39 18,125.00
97.71 440.15
142.59
123.00
94.00 94.00
94.00 90.00
80.00 52.00
49.00 49.00
49.00 42.00
32.00 8,125.00
1,700.10
237.63
2,010.00
1,329.98
Page: 6
Check Total
3,390.38
787.50
1,140.00
20.39 18,125.00
97.71 582.74
848.00
9,825.10
237.63
2,010.00
1,329.98
Page.-6
apChkLst Final Check List Page: 7
12/02/2021 4:13:36PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
207484
12/2/2021
022489
STILGEBOUER, JASON, DBA
CRUISING THROUGH TEMECULA
DUSTY SUMMIT
PHOTO SERIES
207485
12/2/2021
013551
SUMMERHOUSE HOUSING
MRAP RENTALASSIST. GRANT
ASSOC
RECIPIENT
207486
12/2/2021
003941
TEMECULA WINNELSON
PLUMBING SUPPLIES: CIVIC CTR
COMPANY
207487
12/2/2021
022734
THOMAS, PATRICIA ELIN
PLEIN AIR COMPETITION AWARD:
TCSD
207488
12/2/2021
019832
TRAUMA INTERVENTION
TRAUMA INTERVENTION PRGRM: FIRE
PRGMS OF, SW RIVERSIDE
DEPT
COUNTY INC
207489
12/2/2021
022735
TRINH, JOYCE
PLEIN AIR COMPETITION AWARD:
TCSD
207490
12/2/2021
022102
UNITED PARCEL SERVICES
EXPRESS MAIL SRVCS: CODE ENF
INC
207491
12/2/2021
007987
WALMART
THEATER HOSPITALITY & SUPPLIES
MISC SUPPLIES: HOLIDAY PARADE
REC SUPPLIES: TEEN ZONE/CRC
MISC SUPPLIES: FACS SUPPLIES: TCSD
MISC SUPPLIES: HELP CTR
MISC SUPPLIES: FACILITY SUPPLIES
REC SUPPLIES: TEEN ZONE/CRC
MISC SUPPLIES- TVM/SECOND SATURD.
THEATER HOSPITALITY & SUPPLIES
MISC SUPPLIES: TVM/ACE - TCSD
207492
12/2/2021
020193
WHITE CAP LP
SAFETY FENCE FOR EVENT: ROD
RUN:TCSD
Amount Paid Check Total
300.00
2,718.00
663.88
200.00
10,000.00
75.00 90.41
575.23
472.41
335.69
179.50
150.61
124.32
62.15 53.70
43.74 22.73
2,120.81
Grand total for UNION BANK:
300.00
2,718.00
663.88
200.00
10,000.00
75.00 90.41
2,020.08
2,120.81
356,232.02
Page:?
apChkLst Final Check List Page: 8
12/02/2021 4:13:36PM CITY OF TEMECULA
74 checks in this report.
Grand Total All Checks: 356,232.02
Page:8
apChkLst Final Check List Page: 1
12/02/2021 4:45:56PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
Description
12313
11/22/2021
000537
SO CALIF EDISON
OCT 600001004059 41320
BUTTERFIELD STG
12322
11/24/2021
000444
INSTATAX (EDD)
STATE TAX PAYMENT
12323
11/24/2021
000283
INSTATAX (IRS)
FEDERAL TAX PAYMENT
207493
12/2/2021
021851
CALIF NEWSPAPERS
SEPT PUBLIC NTCADS: PLANNING
PARTNERSHIP, DBA SO CALIF
NEWS GROUP
Amount Paid Check Total
20,088.02
36,405.13
114,290.85
3,229.00
207494 12/2/2021 013982 M C I COMM SERVICE NOV 7DK89878 XXX-0714 GEN USAGE 38.26
MALL PD
NOV 7DK90589 XXX-0346 GEN USAGE 36.45
207495 12/2/2021 022742 TRAN, HONGLE REFUND: WEED ABATEMENT CITATION 650.00 Grand total for UNION BANK:
20,088.02
36,405.13
114,290.85
3,229.00
74.71 650.00
174,737.71
Page:1
apChkLst Final Check List Page: 2
12/02/2021 4:45:56PM CITY OF TEMECULA
6 checks in this report.
Grand Total All Checks: 174,737.71
Paget
apChkLst Final Check List Page: 1
12/07/2021 3:16:05PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
Check #
Date
Vendor
Description
501455
12/9/2021
010851
ADAMIAK, DAWN
REIMB: RFRSHMNTS: ROD RUN: TCSD
501456
12/9/2021
004802
ADLERHORST INTERNATIONAL
NOV K9 TRAINING: KING/MUSHINSKIE:
LLC
POLICE
501457
12/9/2021
009374
ALLEGRO MUSICAL VENTURES
PIANO TUNING/MAINT: THEATER
DBA, ALLEGRO PIANO
SERVICE
501458
12/9/2021
004240
AMERICAN FORENSIC NURSES
DRUG/ALCOHOL ANALYSIS: TEM
AFN
SHERIFF
501459
12/9/2021
021670
ANLIND OF TEMECULA INC,
VEH REPAIR/MAINT: TRAFFIC: POLICE
TEMECULA HARLEY-DAVIDSON
VEH REPAIR/MAINT: TRAFFIC: POLICE
VEH REPAIR/MAINT: TRAFFIC: POLICE
501460
12/9/2021
013950
AQUA CHILL OF SAN DIEGO
NOV DRINKING WTR MAINT: THEATER
501461
12/9/2021
021400
AYERS ELECTRIC INC
ELECTRICAL REPAIR: FIRE STA 95
ELECTRICAL REPAIRS: WOLF CREEK BF
ELECTRICAL LABOR: ANTENNA EQPMNI
ELECTRICAL REPAIRS: IWTCM
ELECTRICAL LABOR: POOL LIGHTING: C
ELECTRICAL REPAIRS: FIRE STA 95
501462
12/9/2021
022651
BRAND ASSASSINS
CITYWIDE BANNER PRGM: ECON DEV
501463
12/9/2021
022670
BROWN, JAMAL DEON
TCSD INSTRUCTOR EARNINGS
501464
12/9/2021
004248
CALIF DEPT OF
OCT BLOOD &ALCOHOL ANALYSIS: PD
JUSTICE-ACCTING
OCT FINGERPRINT SVCS: POLICE DEPT
OCT FINGERPRINT SVCS: HR
501465
12/9/2021
000442
COMPUTER ALERT SYSTEMS
SMOKE DETECTORS: FIRE STA92
501466
12/9/2021
010650
CRAFTSMEN PLUMBING &
APPLIANCE REPAIR: FIRE STA 92
HVAC INC
501467
12/9/2021
020436
CRONBERG, RICHARD N
TCSD INSTRUCTOR EARNINGS
501468
12/9/2021
004382
DEKRA LITE INC
OLD TOWN LIGHTING/DECOR: TCSD
Amount Paid Check Total
105.12 105.12
350.00 350.00
260.00 260.00
180.60 180.60
348.02
1,019.13
419.80
1,786.95
28.28 28.28
800.00
400.00
1,700.00
900.00
300.00
200.00
4,300.00
2,143.17
2,143.17
2,002.00
2,002.00
735.00
2,324.00
196.00
3,255.00
936.00
936.00
360.00
360.00
168.00 168.00
5,051.80 5,051.80
Page:1
apChkLst
12/07/2021
3:16:05PM
Final Check List
CITY OF TEMECULA
Page: 2
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
501469
12/9/2021
003945
DIAMOND ENVIRONMENTAL
TEMPORARY FENCING: JRC
95.00 SRVCS
RESTROOM/BARRICADE RENTAL: TCSD
14,206.50
PORTABLE RESTROOM & SINK RENTAL:
126.78
14,428.28
501470
12/9/2021
004192
DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: POLICE
54.20 DEPT
FUEL FOR CITY VEHICLES: PARK MAINT
1,743.88
FUEL FOR CITY VEHICLES: BLDG & SAFI
233.73
FUEL FOR CITY VEHICLES: CODE ENFO,
50.70 FUEL FOR CITY VEHICLES: INFO TECH
57.82 FUEL FOR CITY VEHICLES: STREET MAI
1,014.94
FUEL FOR CITY VEHICLES: TCSD
662.08
FUEL FOR CITY VEHICLES: FIRE DEPT
89.46 FUEL FOR CITY VEHICLES: TCSD
194.96
FUEL FOR CITY VEHICLES: FIRE DEPT
51.63 FUEL FOR CITY VEHICLES: TRAFFIC: PN
334.24
FUEL FOR CITY VEHICLES: CIP
41.78 FUEL FOR CITY VEHICLES: LAND DEV: F
101.84
4,631.26
501471
12/9/2021
004068
ECALDRE MANALILI-DE VILLA,
TCSD INSTRUCTOR EARNINGS
1,519.88
1,519.88
AILEEN
501472
12/9/2021
021412
EIDE BAILLY LLP
CITY ANNUAL STREET REPORT:
2,800.00
2,800.00
FINANCE
501473
12/9/2021
011202
EMH SPORTS USA INC
TCSD INSTRUCTOR EARNINGS
322.00
322.00
501474
12/9/2021
017135
FOX, STACY
REIMB: DUES & MEMBERSHIP: FOX
394.00
394.00
501475
12/9/2021
000177
GLENNIES OFFICE PRODUCTS
MISC OFC SUPPLIES: CODE
77.26 INC
ENFORCEMENT
MISC OFC SUPPLIES: STREET MAINT: P1
171.78
MISC OFC SUPPLIES: STREET MAINT: P\
28.75 MISC OFC SUPPLIES: STREETS: PW
63.86 341.65
501476
12/9/2021
022530
HINER, DOUGLAS, DOUGLAS
ADULT SOFTBALL OFFICIATING SVCS:
2,814.00
HINER UMPIRING
SPORTS
ADULT SOFTBALL OFFICIATING SVCS: S
1,050.00
3,864.00
501477
12/9/2021
003726
LIFE ASSIST INC
EMERGENCY EQPMNT: AQUATICS:
422.39
422.39
TCSD
501478
12/9/2021
022598
MCE CORPORATION
OCT LDSCP MAINT:
66,484.53
66,484.53
SCHOOLS/SPORTS PARKS
501479
12/9/2021
012264
MIRANDA, JULIO C
TCSD INSTRUCTOR EARNINGS
1,482.60
1,482.60
Paget
apChkLst
12/07/2021
3:16:05PM
Final Check List
CITY OF TEMECULA
Page: 3
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
501480
12/9/2021
004043
MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: IWTCM
107.59
INC
LED LIGHT FIXTURES: CRC PARKING LC
11,866.14
ELECTRICAL SUPPLIES: PARKS: PW
45.77 12,019.50
501481
12/9/2021
022599
NIEVES LANDSCAPE INC
NOV LDSCP MAINT:
66,484.53
SCHOOLS/SPORTS: PARKS
IRRIGATION REPAIRS: MEDIANS
529.02
IRRIGATION REPAIRS: MEDIANS
303.39
IRRIGATION REPAIRS: PARKS/FLOOD C1
104.65
IRRIGATION REPAIR: MEDIANS
329.17
IRRIGATION REPAIRS: SLOPES
501.41
IRRIGATION REPAIRS: SLOPES
254.59
IRRIGATION REPAIR: PARK & RIDE LOT
104.65
IRRIGATION REPAIRS: MEDIANS
423.75
IRRIGATION REPAIRS: MEDIANS
88.35 IRRIGATION REPAIRS: PARKS/FLOOD C1
177.43
IRRIGATION REPAIRS: PARKS/FLOOD C1
66.59 IRRIGATION REPAIR: MEDIANS
354.87
69,722.40
501482
12/9/2021
021998
OLD TOWN TIRE AND SERVICE
VEH MAINT & REPAIR: STREET MAINT:
105.97
INC
PW
CITY VEHICLE MAINT SVCS: PW PARKS
44.13 VEHICLE MAINTENANCE: PARKS/FACILF
1,139.73
VEHICLE REPAIRS LAND DEV: PW
70.24 1,360.07
501483
12/9/2021
022553
PAL GENERAL ENGINEERING
11/23 PARK & RIDE ACCESS IMPRVS,
2,712.68
2,712.68
INC
18-11
501484
12/9/2021
020544
PARKHOUSE TIRE SERVICE
TIRE SVC: STREET MAINT: PW
1,204.12
1,204.12
INC
501485
12/9/2021
012904
PROACTIVE FIRE DESIGN
PLAN REVIEW SVC: PREVENTION:
8,703.90
8,703.90
AND, CONSULTING
FIRE DEPT
501486
12/9/2021
022537
REFRIGERATION SUPPLIES,
HVAC SUPPLIES: IWTCM
70.87 DISTRIBUTOR
HVAC SUPPLIES: LIBRARY
284.05
HVAC SUPPLIES: THEATER
52.48 HVAC SUPPLIES: CIVC CTR
198.98
HVAC SUPPLIES: CIVC CTR
57.10 663.48
501487
12/9/2021
020429
REMOTE SATELLITE SYSTEMS
OCT'21 SAT PH AIRTIME/NOV FEE:
280.00
280.00
INTL
EOC
501488
12/9/2021
003591
RENES COMMERCIAL
CLEAN-UP SVCS: SPECIAL EVENTS:
7,975.00
MANAGEMENT
TCSD
HERBICIDE APPLICATION: CITY LOTS
13,520.50
21,495.50
Page:3
apChkLst Final Check List Page: 4
12/07/2021 3:16:05PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
501489 12/9/2021 002412 RICHARDS WATSON AND
GERSHON
501490 12/9/2021 005585 ROMINE, MARIA
501491
12/9/2021
009213
SHERRY BERRY MUSIC
501492
12/9/2021
009746
SIGNS BY TOMORROW
501493
12/9/2021
000645
SMARTAND FINAL INC
501494
12/9/2021
014783
SOFTRESOURCES, LLC
501495
12/9/2021
006145
STENO SOLUTIONS
TRANSCRIPTION, SRVCS INC
501496
12/9/2021
008977
VALLEY EVENTS INC
501497 12/9/2021 009101 VISION ONE INC, DBA
ACCESSO
501498 12/9/2021 018147 WADDLETON, JEFFREY L
501499 12/9/2021 001881 WATER SAFETY PRODUCTS
INC
(Continued)
Description
Amount Paid
Check Total
OCT 2021 LEGAL SERVICES
3,472.00
OCT 2021 LEGAL SERVICES
1,957.50
OCT 2021 LEGAL SERVICES
7,121.26
OCT 2021 LEGAL SERVICES
3,671.50
OCT 2021 LEGAL SERVICES
495.00
OCT 2021 LEGAL SERVICES
9,343.00
OCT 2021 LEGAL SERVICES
1,363.00
OCT 2021 LEGAL SERVICES
261.00
OCT 2021 LEGAL SERVICES
435.00
OCT 2021 LEGAL SERVICES
1,848.00
OCT 2021 LEGAL SERVICES
470.00
OCT 2021 LEGAL SERVICES
58.00 OCT 2021 LEGAL SERVICES
4,371.00
OCT 2021 LEGAL SERVICES
16,271.27
OCT 2021 LEGAL SERVICES
1,566.00
52,703.53
REIMB: UNIFORMS: CODE
171.04
171.04
ENFORCEMENT
JAZZ @ THE MERC 11/18/21
515.00
JAZZ @ THE MERC 12/2/21
785.00
1,300.00
MISC SIGNAGE:SPECIAL
566.48
566.48
EVENTS:TCSD
REFRESHMENTS: SANTA'S PARADE
287.29
REFRESHMENTS: HUMAN SRVCS EVEN
541.39
828.68
Consulting:financial sys upgrade Munis
1,295.00
1,295.00
TRANSCRIPTION SVCS: TEM SHERIFF
152.46
152.46
RENTALS/SANTA: SPECIAL EVENTS:
200.00
TCSD
SANTA: SPECIAL EVENTS: TCSD
250.00
RENTALS/SANTA: SPECIAL EVENTS: TC:
375.00
825.00
OCT SHOWARE TICKETING SVCS:
4,076.40
4,076.40
THEATER
DJ/MC/SOUND SVCS: SPECIAL 525.00
EVENTS:TCSD
DJ/MC SVCS- HIGH HOPES: TCSD 525.00
DJ/MC SVCS- CRC: TCSD 525.00 1,575.00
POOL SUPPLIES: AQUATICS 228.52 228.52
Page:4
apChkLst Final Check List Page: 5
12/07/2021 3:16:05PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
501500 12/9/2021 003730 WEST COAST ARBORISTS INC
(Continued)
Description
Amount Paid Check Total
TREE TRIMMING: VARIOUS PARKS
2,914.00
TREE TRIMMING: RIGHT OF WAY
1,414.00
TREE TRIMMING: CROWNE HILL SLOPE
540.00
TREE REMOVALS: HARVESTON SLOPE
2,074.00
Grand total for EFT UNION BANK:
6,942.00
306,443.27
Page:5
apChkLst Final Check List Page: 6
12/07/2021 3:16:05PM CITY OF TEMECULA
46 checks in this report.
Grand Total All Checks: 306,443.27
Page6
apChkLst Final Check List Page: 1
12/09/2021 4:53:43PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date Vendor
12264
11/9/2021 006887
UNION BANK OF CALIFORNIA
000515
TEMECULA VALLEY CHAMBER
OF, COMMERCE
013338
APPLE STORE
013338
APPLE STORE
000867
WESTIN HOTEL, THE
000867
WESTIN HOTEL, THE
12266
11/9/2021 006887
UNION BANK OF CALIFORNIA
022607
CMC RESCUE
022609
DH GRAPHICS
022748
BLACKHELMETAPPAREL.COM
008669
VONS
022749
LONG, JUSTIN, DBA FIRELINE
DESIGN
022536
U GYM LLC, DBA UFC GYM
001264
COSTCO TEMECULA 491
013338
APPLE STORE
018925
MEMORABLE BITES LLC, DBA
FIREHOUSE SUBS
207496
12/3/2021 003747
FINE ARTS NETWORK AKA
THEATRE, CO AND BALLET
THEATER
207497 12/9/2021 003951 ALL AMERICAN ASPHALT
207498 12/9/2021 010905 ALLIED TRAFFIC &
EQUIPMENT. RENTALS INC
207499 12/9/2021 007282 AMAZON CAPITAL SERVICES
INC
Description
Amount Paid Check Total
MH REGIST: STATE OF THE CITY: INFO
120.00
TECH
MH IPAD KEYBOARD: RUSSO, E.
325.16
MH IPAD KEYBOARD: GARIBAY, I.
325.16
MH LODGING: MISAC CONF: CROWELL
652.32
MH LODGING: MISAC CONF: PATRICK
652.32 2,074.96
JC RESCUE EQUIPMENT: FIRE DEPT 84.83
JC DECALS FOR STATION FLAG BINS:
47.63 FIRE
JC REMEMBERANCE PINS: FIRE
274.04
STAFF 9/11
JC RFRSHMNTS: CLINICIANS: FIRE
317.85
DEPT
JC LOGO DESIGN: BATTALION 15: FIRE
250.00
DEPT
JC ANNUAL MAINT FEE: FIRE DEPT
49.00 JC ADD'L PHONE STORAGE: MILLER, 0.99
W.
JC RFRSHMNTS: ADULT CERT CLASS: 1,239.87 2,318.58
09/23
ADV: TICKET SALES: NUTCRACKER 3,000.00 3,000.00
BALLET
ASPHALT SUPPLIES: STREET MAINT:
378.78
PW
PARKING LOT BASE MATERIAL: OLD TO1
15,997.16
PARKING LOT BASE MATERIAL: OLD TO\
4,536.53 20,912.47
LIGHT TOWER RENTAL: SPEC EVENTS
460.00 460.00
TCSD
MISC SUPPLIES: TVM: TCSD 154.83
MISC SUPPLIES: ECO DEV
107.75
MISC ERGO SMALL TOOLS/EQPMNT: RI:
735.20
MISC OFC SUPPLIES: PREVENTION: FIR
-59.76
MISC EQUIP: BC/CHIEF: FIRE DEPT
155.68
MISC OFC SUPPLIES: STREET MAINT: P1
143.52 1,237.22
Page:1
apChkLst Final Check List Page: 2
12/09/2021 4:53:43PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date Vendor
207500
12/9/2021 017149 B G P RECREATION INC
207501
12/9/2021 011954 BAKER AND TAYLOR INC
(Continued)
Description
TCSD INSTRUCTOR EARNINGS
BOOK COLLECTIONS: RHRPTL: TCSD
BOOK COLLECTIONS: RHRPTL: TCSD
BOOK COLLECTIONS: RHRPTL: TCSD
BOOK COLLECTIONS: RHRPTL: TCSD
BOOK COLLECTIONS: RHRPTL: TCSD
BOOK COLLECTIONS: RHRPTL: TCSD
BOOK COLLECTIONS: RHRPTL: TCSD
207502 12/9/2021
006254 BALLET FOLKLORICO, AKA
TCSD INSTRUCTOR EARNINGS
LORENAHANCOCK
207503 12/9/2021
015592 BAMM PROMOTIONAL
STAFF UNIFORMS: CONTRACT
PRODUCTS INC
CLASSES:TCSD
207504 12/9/2021
001323 BLUETRITON BRANDS INC,
10/15-11/14 WTR DLVRY SVC: TVE2
DBA READYREFRESH
207505 12/9/2021
011348 BONCOR WATER SYSTEMS
11/11-12/08 WTR FILTER: FIRE STA 73
LLC, DBA SUNSHINE WATER
SOFT
207506 12/9/2021
003138 CAL MAT, DBA VULCAN
ASPHALT SUPPLIES: STREET MAINT:
MATERIALS CO
PW
207507 12/9/2021
004971 CANON FINANCIAL SERVICES
NOV COPIER LEASE - CIVIC CTR
INC
207508 12/9/2021
021054 CANTRELL, TINA J
TCSD INSTRUCTOR EARNINGS
207509 12/9/2021
003775 CHAPARRAL HIGH SCHOOL
HOLIDAY PARADE STIPEND: TCSD
207510 12/9/2021
005417 CINTAS PROTECTION NO 2,
FIRSTAID KIT MAINT: RISK MGMT
CINTAS FIRE 636525
FIRST AID KIT MAINT: RISK MGMT
FIRST AID KIT MAINT: RISK MGMT
FIRST AID KIT MAINT: RISK MGMT
FIRST AID KIT MAINT: RISK MGMT
FIRST AID KIT MAINT: RISK MGMT
FIRST AID KIT MAINT: RISK MGMT
FIRST AID KIT MAINT: RISK MGMT
207511 12/9/2021
004329 COSTCO TEMECULA 491
RFRSHMNTS:EVENTS/PRGRMS:
MPSC: TCSD
Amount Paid Check Total
14, 252.26
8.27 26.06
59.31 20.12
282.60
113.87
40.79 784.00
50.00 44.30
293.50
509.38
671.56
280.00
300.00
437.01
513.71
230.39
471.14
414.75
223.92
191.52
113.24
382.19
14, 252.26
551.02
784.00
50.00 44.30
293.50
509.38
671.56
280.00
300.00
2,595.68
382.19
Paget
apChkLst Final Check List Page: 3
12/09/2021 4:53:43PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
207512
12/9/2021
017038
CPS HR CONSULTING
RECLASSIFICATION STUDY: HR
207513
12/9/2021
012614
DBX INC
OVERHEAD STREET SIGN
REPLACEMENT
207514
12/9/2021
004222
DIAMONDBACK FIRE &
EQUIPMENT MAINT: FIRE STA92
RESCUE, INC
207515
12/9/2021
013939
DOROTHY MCELHINNEY
HOLIDAY PARADE STIPEND: TCSD
MIDDLE SCH.
207516
12/9/2021
021859
EXP US SERVICES INC
CONSULT SVCS: SANTA GERTRUDIS
CRK TRAIL
207517
12/9/2021
017432
EYEMED VISION CARE
VISION PLAN PAYMENT
207518
12/9/2021
019469
FALCON ENGINEERING
CNSTRCTN MGMT SVCS: SANTA
SERVICES
GERTRUDIS CRK
207519
12/9/2021
003747
FINE ARTS NETWORK AKA
TIX: NUTCRACKER BALLET 12/2-12/5
THEATRE, CO AND BALLET
THEATER
TICKET SALES ADVANCE: NUTCRAKER 1
207520
12/9/2021
016184
FUN EXPRESS LLC
MISC SUPPLIES: SPECIAL EVENTS:
TCSD
207521
12/9/2021
009608
GOLDEN VALLEY MUSIC
STTLMNT: CLASSICS AT THE MERC
SOCIETY, DBACACHAMBER
11/14
ORCHESTRA
207522
12/9/2021
008444
GREAT OAK HIGH SCHOOL
HOLIDAY PARADE STIPEND: TCSD
207523
12/9/2021
000186
HANKS HARDWARE INC
MISC MAINT SUPPLIES: TPL
MISC SMALL TOOLS & EQUIP: PW: CIP
MISC HRDWR SUPPLIES: FIRE DEPT
MISC MAINT SUPPLIES: THEATER
MISC MAINT SUPPLIES: CIVIC CTR/HAR\
MISC MAINT SUPPLIES: TVM
MISC MAINT SUPPLIES: MPSC
MISC MAINT SUPPLIES: IWTCM
MISC MAINT SUPPLIES: STREETS: PW
MAINTENANCE SUPPLIES: PARKS: PW
MISC MAINT SUPPLIES: AQUATICS
MISC MAINT SUPPLIES: CRC
MISC MAINT SUPPLIES: OLD TOWN
Amount Paid Check Total
375.00
375.00
54,200.00
54,200.00
676.34
676.34
200.00
200.00
8,304.01
8,304.01
1,672.65
1,672.65
57,687.38
57,687.38
18,987.60
10,000.00
28,987.60
713.62
713.62
465.50
465.50
300.00 300.00
8.59 43.50
384.05
54.15 1,840.28
154.81
58.98 55.46
2,319.35
727.93
57.11 30.31
3,588.63 9,323.15
Page:3
apChkLst Final Check List Page: 4
12/09/2021 4:53:43PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
207524
12/9/2021
021301
1 C M A RETIREMENT -PLAN
ICMA- 401(A) RETIREMENT PLAN
106474
PAYMENT
207525
12/9/2021
000194
1 C M A RETIREMENT -PLAN
ICMA-RC RETIREMENT TRUST 457
303355
PAYMENT
207526
12/9/2021
015358
KELLY PAPER COMPANY INC
MISC PAPER SUPPLIES CENTRAL
SVCS
207527
12/9/2021
022747
LAMB GREG, WOOD FIRE
RFRSHMNTS: EOQ 12/16/21
PIZZA WAGON
207528
12/9/2021
010204
M T G L INC
OCT MATUS TESTING SVCS: SLURRY
SEAL PRG
207529
12/9/2021
003782
MAIN STREET SIGNS, DBA
CITY STREET SIGNAGE: STREET
ATHACO INC
MAINT: PW
OVERHEAD STREET NAME SIGN REPLA
CITY STREET SIGNAGE: STREET MAINT:
CITY STREET SIGNAGE: STREET MAINT:
CITY STREET SIGNAGE: STREET MAINT:
207530
12/9/2021
017427
MATCHETT, VIVIAN
TCSD INSTRUCTOR EARNINGS
207532
12/9/2021
003076
MET LIFE INSURANCE
DENTAL HMO PAYMENT
COMPANY
207533
12/9/2021
013443
MIDWEST TAPE LLC
BOOKS ON TAPE: LIBRARY
BOOKS ON TAPE: LIBRARY
207534
12/9/2021
022727
NSC GROUP LLC, NATIONAL
SAFETY TRAINING VIDEOS: RISK
SAFETY COMPLIANC
MGMT
207535
12/9/2021
007197
PALOMAVALLEY HIGH
HOLIDAY PARADE STIPEND: TCSD
SCHOOL
207536
12/9/2021
005820
PRE -PAID LEGAL SERVICES
PREPAID LEGAL SERVICES PAYMENT
INC, DBA LEGALSHIELD
207537
12/9/2021
005075
PRUDENTIAL OVERALL
8/24 UNIFORM RENTALS: PW PARKS
SUPPLY
3/23 UNIFORM RENTALS: PW PARKS
207538
12/9/2021
016931
REACH SPORTS MARKETING
PLAYER LICENSE RENEWAL: RHRTPL:
GROUP, DBA REACH
TCSD
207539
12/9/2021
022740
REYES, RAYMOND
RELEASE CLAIMS SETTLEMENT:
REYES
Amount Paid Check Total
1,134.62
1,134.62
14,817.29
14,817.29
1,263.08
1,263.08
2,283.00
2,283.00
34,168.05
34,168.05
635.73
11, 313.75
214.96
611.53
1,430.33
14,206.30
546.00
546.00
10,147.95
10,147.95
38.05 44.69
82.74 4,980.00
4,980.00
300.00
300.00
191.35
191.35
65.49 184.20
249.69
728.00
728.00
3,013.47 3,013.47
Page:4
apChkLst Final Check List Page: 5
12/09/2021 4:53:43PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
207540
12/9/2021
016869
RIGHTWAY SITE SERVICES INC
PORTABLE RESTROOM RENTALS:
DBA, RIGHTWAY PORTABLE
SPCL EVENTS-T
TOILET
PORTABLE RESTROOM RENTALS: SPCL
207541
12/9/2021
017391
RISE INTERPRETING INC
OCT SIGN LANGUAGE INTERPRETING:
CLASSES
207542
12/9/2021
000418
RIVERSIDE CO CLERK AND,
NOE MARGARITA REC CTR: LR21-1517
RECORDER
207543
12/9/2021
001365
RIVERSIDE, COUNTY OF,
JUL-SEP'21 VECTOR CNTRL SVC:
ENVIRONMENTAL HEALTH
CODE ENF
DEPT
207544
12/9/2021
017699
SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: BLUE RIBBON:
PRESTON
11/18
PHOTOGRAPHY SVCS: HUMAN SVCS: Ti
PHOTOGRAPHY SVCS: HIGH HOPES: MF
PHOTOGRAPHY SVCS: PUESKA MTN: CP
PHOTOGRAPHY SRVCS: PLEIN AIR MER
PHOTOGRAPHY SRVCS: 2ND SATURDAI
HUMAN SVCS EVENTS: MPSC: TCSD
207545
12/9/2021
003506
SHIVELA MIDDLE SCHOOL
HOLIDAY PARADE STIPEND: TCSD
BAND
207546
12/9/2021
013695
SHRED -IT US JV LLC, DBA:
8/9-12 DOC SHRED SRVCS: CITY FACS
SHRED -IT USA LLC
DOCUMENT SHRED SVCS: CITY CLERK
207547
12/9/2021
014818
SKYFIT TECH, INC.
OCT/NOV EQUIP MAINT: RISK MGMT
207548
12/9/2021
009379
SOUTHWEST WOMEN'S
PERFORMANCE: 2ND SATURDAY
CHORUS
EVENT: 12/11
207551
12/9/2021
007762
STANDARD INSURANCE
BASIC LIFE INSURANCE PAYMENT
COMPANY
207552
12/9/2021
012723
STANDARD INSURANCE
VOLUNTARY SUPP LIFE INSURANCE
COMPANY
PAYMENT
Amount Paid Check Total
2,210.21
8,792.88 11,003.09
1,320.00 1,320.00
50.00 50.00
9,069.08 9,069.08
120.00
170.00
170.00
220.00
170.00
170.00
170.00 1,190.00
200.00 200.00
209.84
324.80 534.64
195.00 195.00
200.00 200.00
9,336.86 9,336.86
1,398.66 1,398.66
Page:5
apChkLst Final Check List Page: 6
12/09/2021 4:53:43PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
207553 12/9/2021 008337 STAPLES BUSINESS CREDIT
207554 12/9/2021 002015 STAR WAY PRODUCTIONS
(Continued)
Description
MISC SUPPLIES:VITICULTURE: HUMAN
SVCS: T
MISC SUPPLIES:VITICULTURE: HUMAN
MISC SUPPLIES: RHRTPL: TCSD
MISC SUPPLIES: CONTRACT CLASSES:'
MISC SUPPLIES: TVM/ACE: TCSD
MISC SUPPLIES: TCSD: ADMIN
MISC SUPPLIES: CONTRACT CLASSES:'
MISC OFC SUPPLIES: THEATER
MISC SUPPLIES: CONTRACT CLASSES:'
MISC SUPPLIES: CONTRACT CLASSES:'
MISC OFC SUPPLIES: TVM: TCSD
AUDIOVISUAL RENTAL: PECHANGA
PUESKA
207555
12/9/2021
000220
STEVEN LABEL
ACFR COVERS: FINANCE
CORPORATION, DBA
ROBINSON PRINTING
207556
12/9/2021
018688
SUPERIOR READY MX L.P.
MISC SUPPLIES: STREET MAINT: PW
207557
12/9/2021
003599
T Y LIN INTERNATIONAL
8/28-10/1 CONSULT: FV PKWY/1-15 PH II
207558
12/9/2021
009117
TARRANT, JULIE
COMPUTER LOAN: JULIE TARRANT
207559
12/9/2021
001547
TEAMSTERS LOCAL 911
UNION MEMBERSHIP DUES PAYMENT
207560
12/9/2021
014885
TEMECULA CATERING
RFRSHMNTS: RECOGNITION EVENT:
TCC
207561
12/9/2021
010061
TEMECULA OLIVE OIL
RFRSHMNTS: WOMEN'S WORKFORCE
COMPANY
DVLPMNT
207562
12/9/2021
000311
TEMECULA VALLEY HIGH
HOLIDAY PARADE STIPEND: TCSD
SCHOOL
207563
12/9/2021
003508
THOMPSON MIDDLE SCHOOL
HOLIDAY PARADE STIPEND: TCSD
207564
12/9/2021
017415
TK ELEVATOR CORPORATION
OCT-DEC ELEVATOR MAINT SRVCS:
CITY FACS
JUL-SEP ELEVATOR MAINT SRVCS: CITY
207565
12/9/2021
019100
TNT ENTERTAINMENT GROUP
DJ/MC/SOUND SVCS: SPECIAL
LLC
EVENTS:TCSD
Amount Paid Check Total
447.14
52.17 230.60
29.57 275.81
42.98 22.28
130.49
17.18 228.14
20.43 5,500.00
220.11
1,368.49
119,159.20
1,320.84
5,223.22
4.110.23
310.35
300.00
200.00
5,359.20
5,359.20
6,995.00
1,496.79
5,500.00
220.11
1,368.49
119,159.20
1,320.84
5,223.22
4,110.23
310.35
300.00
200.00
10,718.40
6,995.00
Pagefi
apChkLst Final Check List Page: 7
12/09/2021 4:53:43PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
207566
12/9/2021
006887
UNION BANK OF CALIFORNIA
000175
GOVERNMENT FINANCE
JH AWARD APPLICATION FEE:
OFFICERS, ASSOCIATION,
FINANCE
GFOA
022009
GOVERNMENT TAX SEMINARS
JH WEBINAR: TAX GOV'T TAX:
LLC
RAMIREZ
000154
C S M F O
JH AWARD APPLICATION FEE:
FINANCE
000154
C S M F O
JH AWARD APPLICATION FEE:
FINANCE
006952
PAYPAL
JH VERISIGN PAYFLOW PRO
TRANSACTION
207567
12/9/2021
022102
UNITED PARCEL SERVICES
EXPRESS MAIL SRVCS: PW CIP,
INC
PW16-01
207568
12/9/2021
020963
UPTOWN TEMECULAAUTO
OCT VEHICLE DETAILING SRVCS: B&S
SPA LLC
OCT VEHICLE DETAILING SRVCS: FIRE
OCT VEHICLE DETAILING SVCS: TCSD
OCT VEHICLE DETAILING SRVCS: PW FA
207569
12/9/2021
002702
USPS - POC,
NOV'21 POSTAGE METER DEPOSIT
ACCOUNT#8089685
207570
12/9/2021
022692
VERSA PRODUCTS INC
ERGONOMIC EQUIPMENT: RISK
207571
12/9/2021
007208
VINCES SPAGHETTI EXPRESS
RFRSHMNTS FOR HIGH HOPES:
MPSC: TCSD
207572
12/9/2021
007208
VINCES SPAGHETTI EXPRESS
RFRSHMNTS FOR SKIP: MPSC: TCSD
207573
12/9/2021
001890
VORTEX INDUSTRIES INC
GATE REPAIR: STA84: FIRE
Amount Paid Check Total
665.00
410.00
150.00
150.00
25.00 23.99
8.00 64.00
8.00 16.00
1,232.79
852.60
606.63
303.32
721.92
Grand total for UNION BANK:
1,400.00
23.99 96.00
1,232.79
852.60
606.63
303.32
721.92
498,391.12
Page:?
apChkLst Final Check List Page: 8
12/09/2021 4:53:43PM CITY OF TEMECULA
77 checks in this report.
Grand Total All Checks: 498,391.12
Page:8
apChkLst Final Check List Page: 1
12/14/2021 2:57:37PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date Vendor
Description
207574
12/13/2021 020670
WEBB MUNICIPAL FINANCE
SPECIAL TAXADMIN: TCSD SRVC
LLC
LEVELS
207576
12/13/2021 003747
FINE ARTS NETWORK AKA
TICKET SALES ADVANCE:NUTCRAKER
THEATRE, CO AND BALLET
BALLET
THEATER
Amount Paid Check Total
11, 216.70
10,000.00
207577 12/13/2021 020670 WEBB MUNICIPAL FINANCE SPECIAL TAXADMIN: TCSD SRVC 9,885.66
LLC LEVELS
Grand total for UNION BANK:
11,216.70
10,000.00
9,885.66
31,102.36
Page:1
apChkLst Final Check List Page: 2
12/14/2021 2:57:37PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
Check #
Date
Vendor
Description
501501
12/16/2021
004240
AMERICAN FORENSIC NURSES
DRUG/ALCOHOL ANALYSIS: TEM
AFN
SHERIFF
DRUG/ALCOHOL ANALYSIS: TEM SHERIF
501502
12/16/2021
013950
AQUA CHILL OF SAN DIEGO
DEC DRINKING WTR SYS MAINT: AULD
RD: PD
DEC DRINKING WTR SYS MAINT: INFO T
501503
12/16/2021
021400
AYERS ELECTRIC INC
ELECTRICAL REPAIR: FIRE STA 92
ELECTRICAL REPAIRS: PARKS: PW
501504
12/16/2021
022596
CITYGATE ASSOCIATES LLC
PROF SVC AGREEMENT: PD
ASSESSMENT
501505
12/16/2021
011870
CRIME SCENE STERI CLEAN
BIO-HAZARD CLEAN UP: TEM SHERIFF
LLC
BIO-HAZARD CLEAN UP: TEM SHERIFF
501506
12/16/2021
020648
DG INVESTMENT HOLDINGS 2
SURVEILLANCE SYSTEM GENETEC:
INC, CONVERGINT
INFO TECH
TECHNOLOGIES
501507 12/16/2021 019720 DIVERSIFIED WATERSCAPES
INC
501508 12/16/2021 004192 DOWNS ENERGY FUEL
501509 12/16/2021 021412 EIDE BAILLY LLP
DEC WTR QUALITY MAINT: DUCK
PNG/HARV.
FUEL FOR CITY VEHICLES: PARK
MAINT: PW
FUEL FOR CITY VEHICLES: STREET MAI
FUEL FOR CITY VEHICLES: TRAFFIC: PN
FUEL FOR CITY VEHICLES: BLDG INSPE
FUEL FOR CITY VEHICLES: CIP: PW
FUEL FOR CITY VEHICLES: CODE ENFOI
FUEL FOR CITY VEHICLES: LAND DEV: F
NOV FINANCIAL STATEMENT AUDIT -
FIELDWOR
501510 12/16/2021
018098
ELITE CLAIMS MANAGEMENT
NOV'21 3RD PARTY CLAIM ADMIN:
INC
WRKRS COM
501511 12/16/2021
002577
ENGINEERING RESOURCES,
ENG CONSULT SVCS: OVERLAND:
OF SOUTHERN CALIF., INC.
PW20-11
ENG SVCS: BIKE TRAIL PGM: PW19-11: C
501512 12/16/2021
013076
GAUDETYVONNE M, DBA YES
TCSD INSTRUCTOR EARNINGS
YOU CAN DRAW
501513 12/16/2021
021365
GEORGE HILLS COMPANY INC
OCT CLAIM ADJUSTER SVCS: RISK
MGMT
11112 CLAIMS RECOVERY SRVCS: RISK 1
11/22 CLAIMS RECOVERY SRVCS: RISK 1
501514 12/16/2021
021308
GILLIS + PANICHAPAN
ARCHITECTURAL SVCS: FIRE STA 84
ARCHITECTS. INC
PW19-14
Amount Paid Check Total
306.60
213.50
61.96 28.28
1,900.00
1,100.00
1,452.94
850.00
850.00
9,684.50
7,213.00
1,092.96
930.43
364.81
183.56
76.92 73.50
69.97 4,000.00
1,250.00
4,987.50
370.00
691.60
4,099.40
4,051.96
366.60
3,725.00
520.10
90.24 3,000.00
1,452.94
1,700.00
9,684.50
7,213.00
2,792.15
4,000.00
1,250.00
5,357.50
691.60
8,517.96
3,725.00
Paget
apChkLst Final Check List Page: 3
12/14/2021 2:57:37PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
501515
12/16/2021
000177
GLENNIES OFFICE PRODUCTS
MISC OFC SUPPLIES: BLDG & SAFETY
INC
MISC OFC SUPPLIES: FINANCE
501516
12/16/2021
015534
GOVERNMENT JOBS.COM INC,
SINGLE SIGN ON MODULES: NEOGOV:
DBA NEOGOV
INFO TEC
501517
12/16/2021
020673
INTEGRITY SUPPORT
PRE -EMPLOYMENT SCREENINGS - HR
SERVICES INC, EMPLOYMENT
SCREENING RESO
501518
12/16/2021
004119
J T B SUPPLY COMPANY INC
TRAFFIC SIGNAL EQUIP PRGM: CIP
501519
12/16/2021
003726
LIFE ASSIST INC
EMERGENCY RESPONSE EQUIP:
TCSD
501520
12/16/2021
022677
MARIN CONCRETE
CONSTRUCTION SVCS: SIDEWALKS:
CONSTRUCTION
OTIMPROV
501521
12/16/2021
021370
MARK THOMAS AND COMPANY
OCT DSGN CONSULTANT SVCS:
INC
CHERRY ST EXT
501522
12/16/2021
021343
MILLER ARCHITECTURAL
ARCHITECTURAL SVCS:MPSC
CORP
RENOVATION
501523
12/16/2021
004043
MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: PARKS: PW
INC
501524
12/16/2021
022599
NIEVES LANDSCAPE INC
NOV LDSCP MAINT: PARKS/MEDIANS:
PW
501525
12/16/2021
010334
OBMANN, REBECCA
REIMB: CALPELRACONF 11/15-11/18
501526
12/16/2021
021998
OLD TOWN TIRE AND SERVICE
VEHICLE REPAIRS LAND DEV: PW
INC
VEHICLE REPAIR/MAINT: PD
501527
12/16/2021
003591
RENES COMMERCIAL
CLEAN-UP SVCS: SPECIAL EVENTS:
MANAGEMENT
TCSD
CLEAN-UP SVCS: SPECIAL EVENTS: TC;
Amount Paid Check Total
442.67
95.43 538.10
13,398.07 13,398.07
137.75 137.75
108.75
108.75
604.65
604.65
68,571.98
68,571.98
7,409.94
7,409.94
1,320.00
1,320.00
3,025.21
3,025.21
20,230.00
20,230.00
129.63
129.63
875.54
119.72
995.26
4,995.00
2,975.00
7,970.00
Page:3
apChkLst
12/14/2021
2:57:37PM
Final Check List
CITY OF TEMECULA
Page: 4
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
501528
12/16/2021
002412
RICHARDS WATSON AND
OCT 2021 LEGAL SERVICES
12,463.99
GERSHON
OCT 2021 LEGAL SERVICES
5,009.00
OCT 2021 LEGAL SERVICES
4,814.00
OCT 2021 LEGAL SERVICES
3,236.20
OCT 2021 LEGAL SERVICES
2,320.00
OCT 2021 LEGAL SERVICES
1,414.50
OCT 2021 LEGAL SERVICES
832.50
NOV 2021 LEGAL SERVICES
202.50
OCT 2021 LEGAL SERVICES
52.00 30,344.69
501529
12/16/2021
013482
SILVERMAN ENTERPRISES
SECURITY: SPECIAL EVENTS TCSD
5,990.00
INC, DBA BAS SECURITY
11/12-11/30 AFTER HRS SECURITY:PUMF
3,062.00
11/19-11/24 AFTER HRS SECURITY: TPL:
2,816.00
SECURITY: SPECIAL EVENTS: TCSD
1,106.00
12,974.00
501530
12/16/2021
014783
SOFTRESOURCES, LLC
NOV CONSUTLING FIN SYS UPGRADE
1,063.75
1,063.75
MUNIS
501531
12/16/2021
009452
STRAWN, WILLIAM
COMPUTER LOAN: BILL STRAWN
2,000.00
2,000.00
501532
12/16/2021
003849
TERRYBERRY COMPANY
SERVICE AWARDS: HR
66.69 66.69
501533
12/16/2021
016311
TIERCE, NICHOLAS
NOV GRAPHIC DSGN SRVCS:
4,440.00
4,440.00
THEATER
501534
12/16/2021
021603
TITAN RENTALS GROUP INC,
TABLES/CHAIRS/TENT RENTALS: TCSD
598.77
598.77
TITAN TENT & EVENT RENTAL
501535
12/16/2021
021580
TOWNSEND PUBLIC AFFAIRS
DEC CONSULTING SVCS: CITY CLERK
6,000.00
6,000.00
INC
501536
12/16/2021
007766
UNDERGROUND SERVICE
NOV UNDERGRND UTILITY LOCATOR
189.85
ALERT, OF SOUTHERN
ALERTS: PW
CALIFORNIA
OCT UNDERGRND UTILITY LOCATOR AL
189.85
OCT DIG SAFE BRD BILLABLE TCKTS: P�
94.30 NOV DIG SAFE BRD BILLABLE TCKTS: P`
94.30 568.30
501537
12/16/2021
001881
WATER SAFETY PRODUCTS
MISC SUPPLIES: AQUATICS: TCSD
213.53
213.53
INC
Grand total for EFT UNION BANK: 232,704.06
Page:4
apChkLst Final Check List Page: 5
12/14/2021 2:57:37PM CITY OF TEMECULA
40 checks in this report.
Grand Total All Checks: 263,806.42
Page:5
apChkLst Final Check List Page: 1
12/28/2021 3:12:11PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
Description
12428
12/9/2021
006887
UNION BANK OF CALIFORNIA
002185
U S POSTAL SERVICE
ZH POSTAGE STAMPS: POLICE DEPT
12490
12/20/2021
000537
SO CALIF EDISON
NOV 700619554097 30051 RANCHO
CAL RD
12491
12/20/2021
000537
SO CALIF EDISON
NOV 700618534991 30395 MURRIETA
HOT SPR
12492
12/20/2021
000537
SO CALIF EDISON
NOV 700503663349 28916 PUJOL ST
12493
12/20/2021
000537
SO CALIF EDISON
NOV 700503770150 28922 PUJOL ST
12494
12/20/2021
000537
SO CALIF EDISON
NOV 700367835663 28582 HARVESTON
DR
12495
12/20/2021
000537
SO CALIF EDISON
NOV 600001004059 44900 TEMECULA
LN
12496
12/20/2021
000537
SO CALIF EDISON
NOV 700025717269 30875 RANCHO
VISTA RD
12497
12/16/2021
010276
TIME WARNER CABLE
DECEMBER INTERNET SVCS 41000
MAIN ST
12498
12/17/2021
002390
EASTERN MUNICIPAL WATER
NOV WATER SVCS 31991 RORIPAUGH
DIST
VALLEY RD
12499
12/17/2021
002390
EASTERN MUNICIPAL WATER
NOV WATER SVCS 32131 S LOOP RD
DIST
12500
12/17/2021
002390
EASTERN MUNICIPAL WATER
NOV WATER SVCS 39656 DIEGO DR
DIST
12501
12/17/2021
002390
EASTERN MUNICIPAL WATER
NOV WATER SVCS 32131 S LOOP RD
DIST
12502
12/17/2021
002390
EASTERN MUNICIPAL WATER
NOV WATER SVCS 31991 RORIPAUGH
DIST
VALLEY RD
12503
12/20/2021
010276
TIME WARNER CABLE
DECEMBER INTERNET SVCS 32131 S
LOOP RD
12504
12/20/2021
010276
TIME WARNER CABLE
DECEMBER INTERNET SVCS 41000
MAIN ST
Amount Paid Check Total
60.00 60.00
20.12 20.12
39.13 39.13
47.99 47.99
121.28
121.28
468.87
468.87
575.37
575.37
4,487.35
4,487.35
1.121.01
1.121.01
91.11 91.11
96.24 96.24
119.97
119.97
193.69
193.69
938.06
938.06
250.66
250.66
280.91
280.91
Page-1
apChkLst
12/28/2021
3:12:11PM
Final Check List
CITY OF TEMECULA
Page: 2
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
12505
12/20/2021
010276
TIME WARNER CABLE
DECEMBER INTERNET SVCS 28816
598.63
598.63
PUJOL ST
12515
12/21/2021
002390
EASTERN MUNICIPAL WATER
NOV WATER SVCS MURRIETA HOT
35.92 35.92
DIST
SPRINGS
12516
12/21/2021
002390
EASTERN MUNICIPAL WATER
NOV WATER SVCS 39569 SERAPHINA
282.58
282.58
DIST
RD
12517
12/16/2021
018858
FRONTIER CALIFORNIA INC
NOV INTERNET SVCS: EOC
156.28
156.28
12518
12/20/2021
018858
FRONTIER CALIFORNIA INC
DEC INTERNET SVCS: LIBRARY
5.31 5.31
12519
12/19/2021
018858
FRONTIER CALIFORNIA INC
DEC INTERNET SVCS: LIBRARY
5.31 5.31
12520
12/27/2021
000166
FIRST AMERICAN TITLE
LAND ACQUISITION: 26101 JACKSON
617,936.40
617,936.40
COMPANY
AVE
12521
12/22/2021
000537
SO CALIF EDISON
NOV 700030933344 26706 YNEZ RD
70.32 70.32
12522
12/22/2021
000537
SO CALIF EDISON
NOV 700145715868 41000 MAIN ST
87.66 87.66
12523
12/22/2021
000537
SO CALIF EDISON
NOV 700246548782 26953 YNEZ RD
104.60
104.60
12524
12/22/2021
000537
SO CALIF EDISON
NOV 700246573943 26953 YNEZ RD
192.52
192.52
12525
12/22/2021
000537
SO CALIF EDISON
NOV 700475634086 26036 YNEZ RD
420.70
420.70
12526
12/22/2021
000537
SO CALIF EDISON
NOV 70003696937040820
754.85
754.85
WINCHESTER RD
12527
12/22/2021
000537
SO CALIF EDISON
NOV 700408183926 40233 VILLAGE RD
2,322.36
2,322.36
12528
12/27/2021
000537
SO CALIF EDISON
NOV 700252118808 29721 RYECREST
18.60 18.60
12529
12/23/2021
010276
TIME WARNER CABLE
DECEMBER INTERNET SVCS 30600
621.44
621.44
PAUBA RD
12530
12/27/2021
010276
TIME WARNER CABLE
DECEMBER INTERNET SVCS 41000
49.77 49.77
MAIN ST
Paget
apChkLst Final Check List Page: 3
12/28/2021 3:12:11PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
12531
12/27/2021
010276
TIME WARNER CABLE
DECEMBER INTERNET SVCS 42569
MARGARITA
12532
12/27/2021
010276
TIME WARNER CABLE
DECEMBER INTERNET SVCS 30875
RANCHO
207710
12/28/2021
007282
AMAZON CAPITAL SERVICES
MISC EQUIP: BC/CHIEF: FIRE DEPT
INC
MISC OFC SUPPLIES: PREVENTION: FIRE
207711
12/28/2021
022776
BIEL, STACY
REFUND: LIBRARY SMARTPAY
207712
12/28/2021
021878
EASTCOAST ENTERTAINMENT
CALIF NON-RES:W/H PERFORM @
INC
THEATER
207713
12/28/2021
002982
FRANCHISE TAX BOARD
KRACH, BREE - CASE# 603016103
KRACH, BREE - CASE# 603016103
KRACH, BREE - CASE# 603016103
KRACH, BREE - CASE# 603016103
207714
12/28/2021
001091
KEYSER MARSTON
FISCAL IMPACTANALYSIS: SOLANA
ASSOCIATES INC
WINCHESTE
207715
12/28/2021
017118
KRACH BREE B, DBA
CREDITS:
TEMECULA TROPHY & DES
6103 TROPHY FOR AWARDS DINNER -
TCC
DEC 7DK89878 XXX-0714 GEN USAGE
207716 12/28/2021
013982 M C I COMM SERVICE
DEC 7DK90589 XXX-0346 GEN USAGE
207717 12/28/2021
002503 SOUTH COAST AIR QUALITY,
FY21/22 OPERATING FEES: STA 84
MANAGEMENT DISTRICT
FY21/22 FLAT FEE-LST FY EMISSIONS:
ST
207718 12/28/2021
000519 SOUTH COUNTY PEST
PEST CTRL SVCS: OVERLAND
CONTROL INC
PEST CTRL SVCS: STA 92
207719 12/28/2021
008337 STAPLES BUSINESS CREDIT
OFFICE SUPPLIES: THEATER: TCSD
OFFICE SUPPLIES: THEATER: TCSD
MISC SUPPLIES: RHRTPL: TCSD
207720 12/28/2021
010046 TV CONVENTION &VISITORS
OCT'21 BUS. IMPRV DISTRICT
BUREAU, DBA VISIT TEMECULA
ASMNTS
VALLEY
POSTAGE: WINTER/SPRING ACTIVITY
207721 12/28/2021
002185 U S POSTAL SERVICE
GUIDE
Amount Paid Check Total
598.63
598.63
598.63
598.63
157.63
31.84 189.47
10.00 10.00
7,440.00
7,440.00
116.09
59.81 14.38
13.32 203.60
2,070.63
2,070.63
-13.32
-14.38
-59.81
-116.09
464.36
260.76
38.33 36.45
74.78 440.15
142.59
582.74
48.00 42.00
90.00 48.82
40.54 129.04
39.68 205,657.89
205,657.89
8,143.46 8,143.46
Page:3
apChkLst Final Check List Page: 4
12/28/2021 3:12:11PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
207722
12/28/2021
001890
VORTEX INDUSTRIES INC
207723
12/28/2021
007987
WALMART
207724
12/28/2021
020670
WEBB MUNICIPAL FINANCE
LLC
(Continued)
Description
BAY DOOR REPAIR: STA 12: FIRE
REC SUPPLIES: CRC: TCSD
CFD 16-01 WOODSIDE
Amount Paid Check Total
1,190.00
1,190.00
221.52
221.52
4,350.00
4,350.00
Grand total for UNION BANK:
864,386.16
Page:4
apChkLst Final Check List Page: 5
12/28/2021 3:12:11PM CITY OF TEMECULA
50 checks in this report.
Grand Total All Checks: 864,386.16
Page:5
apChkLst Final Check List Page: 1
12/28/2021 11:43:34AM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date Vendor
Description
12257
11/9/2021 006887
UNION BANK OF CALIFORNIA
016384
CALIFORNIA INLAND, EMPIRE
ME REGISTRATION: CITIZEN
COUNCIL
FUNDRAISER: CC
016384
CALIFORNIA INLAND, EMPIRE
ME REGISTRATION: CITIZEN
COUNCIL
FUNDRAISER: CC
000198
INTL COUNCIL OF SHOPPING,
ME CREDIT: CONF REGISTRATION:
CENTERSINC
EDWARDS,M
12260
11/9/2021 006887
UNION BANK OF CALIFORNIA
000515
TEMECULA VALLEY CHAMBER
LW STATE OF THE CITY: PLAN BOARD
OF, COMMERCE
MEMBER
020370
BEENVERIFIED.COM
LW DIGITAL SBSCPTN: CODE
ENFORCEMENT
022763
CALIF PLANNING & DEV
LW MBRSHP SUBSCRIPTION: WATSON
REPORT
020535
LUNA GRILL
LW RFRSHMNTS: PLAN COMMISS MTG
10/6
000515
TEMECULA VALLEY CHAMBER
LW STATE OF THE CITY: PLANNING
OF, COMMERCE
020536
WALL STREET JOURNAL
LW ONLINE MBRSHP SUBSCRIPTION:
WATSON
Amount Paid Check Total
100.00
50.00 -50.00 100.00
60.00 52.45
238.00
223.52
300.00
175.07 1,049.04
Page:1
apChkLst Final Check List Page: 2
12/28/2021 11:43:34AM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date
Vendor
12269 11/9/2021
006887
UNION BANK OF CALIFORNIA
009833
DISNEYLAND RESORTS
009833
DISNEYLAND RESORTS
022766
TEMECULA VALLEY JEEP &
WINE, TOURS
008956
PANERA BREAD
004604
CALPELRA
009623
PUBLIC AGENCY RISK MGMT
ASSN, (PARMA)
009623
PUBLIC AGENCY RISK MGMT
ASSN, (PARMA)
020790
ZAZZLE.COM
008669
VONS
022767
JAMBAJUICE
018925
MEMORABLE BITES LLC, DBA
FIREHOUSE SUBS
004604
CALPELRA
021482
GIFTCARDS.COM
000515
TEMECULA VALLEY CHAMBER
OF, COMMERCE
12426 12/9/2021
006887
UNION BANK OF CALIFORNIA
020829
MURRIETA CHAMBER OF
COMMERCE
12427 12/9/2021
006887
UNION BANK OF CALIFORNIA
010897
RUBIO'S RESTAURANTS INC
(Continued)
Description
Amount Paid Check Total
IG LODGING: DEP: PARMA CONF:
279.63
FLORES
IG LODGING: DEP: PARMA CONF:
279.63
FLORES
IG OPEN ENROLLMENT INCENTIVE:
296.80
HR
IG RFRSHMNTS: EMERG MGMT
452.73
TRAINING 10/6
IG CONF REGIST: GARIBAY
370.00
IG CONF REGISTRATION: GARIBAY, I.
350.00
IG CONF REGISTRATION: FLORES, N.
320.00
IG CONF ROOM SUPPLIES: COASTERS
305.32
IG RFRSHMNTS: EMERG MGMT
85.34 TRAINING 10/5
IG WELLNESS CHALLENGE
40.00 PROMOTION
IG RFRSHMNTS: BENEFITS FAIR
1,229.58
IG CONF REGIST: COLLINS & OBMANN
817.00
IG WELLNESS CHALLENGE
716.25
PARTICIPATION
IG STATE OF THE CITY: HR STAFF
180.00 5,722.28
ZS REGIST: WILDOMAR STATE OF THE 25.00 25.00
CITY
LW RFRSHMNTS: PLAN COMMISS MTG 296.49 296.49
10/20
Paget
apChkLst Final Check List Page: 3
12/28/2021 11:43:34AM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
12434 12/9/2021 006887
UNION BANK OF CALIFORNIA
022769
LED OUTFITTERS
022768
ODYSSEAN, DBA
BATTLEBOARD
000154
C S M F O
000175
GOVERNMENT FINANCE
OFFICERS, ASSOCIATION,
GFOA
015534
GOVERNMENT JOBS.COM INC,
DBA NEOGOV
015534
GOVERNMENT JOBS.COM INC,
DBA NEOGOV
010363
ORBITZ
022029
REFLECTIVE APPAREL
FACTORY INC
015534
GOVERNMENT JOBS.COM INC,
DBA NEOGOV
002354
POSITIVE PROMOTIONS INC
007282
AMAZON CAPITAL SERVICES
INC
12435 12/9/2021 006887
UNION BANK OF CALIFORNIA
013338
APPLE STORE
018925
MEMORABLE BITES LLC, DBA
FIREHOUSE SUBS
012028
HOTELS.COM
012550
MARRIOTT, COURTYARD BY
MARRI OTT
012915
LUCILLE'S BBQ
010307
CHICK FILA INC
010514
CAMPINI'S ITALIAN DELI
022699 MOUNTAIN MIKE'S PIZZA
(Continued)
Description
Amount Paid Check Total
IG LIGHTBAR FOR EOC TRUCK:
447.89
EMERG MGMT
IG INCIDENT COMMAND EXCEL
429.95
TEMPLATES
IG RECRUIT ADVERTISEMENT:
275.00
FINANACE MGR
IG RECRUIT ADVERTISEMENT:
150.00
FINANACE MGR
IG RECRUIT ADVERTISEMENT: REC
130.00
LEADER
IG RECRUIT ADVERTISEMENT: LEAD
130.00
MAINT WRK
IG OVER THE CREDIT LIMIT FEE: HR
35.00 IG RENTAL CAR PROTECTION:
50.00 CALPELRA CONF
IG JACKET: ALFORD: EMERGENCY
85.30 MGMT
IG RECRUIT ADVERTISEMENT: REC
199.00
LEADER
IG WELLNESS CHALLENGE
536.87
PARTICIPATION AWAR
IG SCREEN PROTECTOR FOR IPAD:
17.39 2,486.40
GARIBAY
JC ADD'L PHONE STORAGE 0.99
JC RFRSHMNTS: TEEN CERT CLASS:
1,259.71
FIRE
JC LODGING: LEADERSHIP CONF:
599.31
CRATER
JC LODGING: CALBO CLASS:
587.24
HUNDLEY, T.
JC RFRSHMNTS: SPEC EVENT: JOB
91.99 FAIR: FIRE
JC RFRSHMNTS: SPEC EVENT: JOB
82.33 FAIR: FIRE
JC RFRSHMNTS: SPEC EVENT: FIRE
62.85 DEPT
JC OVER THE CREDIT LIMIT FEE: FIRE
35.00 JC RFRSHMNTS: SPEC EVENT: FIRE
243.37 2,962.79
DEPT
Page:3
apChkLst Final Check List Page: 4
12/28/2021 11:43:34AM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date Vendor
12436
12/9/2021 006887
UNION BANK OF CALIFORNIA
006952
PAYPAL
020812
INSTACART.COM
018323
GOAT & VINE, THE
008956
PANERA BREAD
022772
JET BLUE
12452
12/13/2021 001212
SO CALIF GAS COMPANY
12489 10/12/2021 006887 UNION BANK OF CALIFORNIA
006937 SOUTHWEST AIRLINES
006937 SOUTHWEST AIRLINES
(Continued)
Description
Amount Paid Check Total
JH VERISIGN PAYFLOW PRO
25.00 TRANSACTION
JH RFRSHMNTS: INTERVIEW PANEL
59.21 JH RFRSHMNTS: MEETING 10/18/21
87.76 JH RFRSHMNTS: TEAM PACE EVENT
1,006.41
10/28
JH AIRFARE: CALPELRACONF: HR
1,993.26 3,171.64
STAFF
NOV 181-383-8881-6 28314 MERCEDES
45.27 45.27
ST
MR AIRFARE: LEAGUE OF CA CITIES: 699.97
RAHN
MR AIRFARE: LEAGUE OF CA CITIES: -65.01 634.96
RAHN
Grand total for UNION BANK: 16,493.87
Page:4
apChkLst
12/28/2021 11:43:34AM
Final Check List
CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
Check #
Date
Vendor
Description
501571
12/30/2021
000936
AMERICAN RED CROSS,
CERTIFICATIONS & MATERIALS:
HEALTH AND SAFETY SVCS
AQUATICS: TC
501572
12/30/2021
021670
ANLIND OF TEMECULA INC,
VEH REPAIR/MAINT: TRAFFIC: POLICE
TEMECULA HARLEY-DAVIDSON
VEH REPAIR/MAINT: TRAFFIC: POLICE
VEH REPAIR/MAINT: TRAFFIC: POLICE
501573
12/30/2021
012951
APPLIED DEVELOPMENT
QUALITY OF LIFE MASTER PLAN:
ECONOMICS
PLANNING
501574
12/30/2021
004248
CALIF DEPT OF
NOV FINGERPRINT SVCS: POLICE
JUSTICE-ACCTING
DEPT
501575
12/30/2021
005447
CLEMENTS. BRIAN
REIMB: UNIFORMS: BLDG & SAFETY
501576 12/30/2021
010650 CRAFTSMEN PLUMBING &
PLUMBING SVCS: FIRE STA92
HVAC INC
PLUMBING: FIRE STA 84
501577 12/30/2021
022506 DESIGN PATH STUDIO
Permit Ready Accessory Dwelling Unit
501578 12/30/2021
004192 DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: TCSD
FUEL FOR CITY VEHICLES: BLDG & SAFI
FUEL FOR CITY VEHICLES: CODE ENFOI
FUEL FOR CITY VEHICLES: FIRE DEPT
501579 12/30/2021
019530 EMPIRE ENGRAVING
recognition awards: tem sheriff
501580 12/30/2021
000177 GLENNIES OFFICE PRODUCTS
MISC OFC SUPPLIES: CODE
INC
ENFORCEMENT
MISC OFC SUPPLIES: CODE ENFORCE/
501581 12/30/2021
020143 JOHNSON, GREGORY
VEHICLE REPAIR/MAINT: TEM SHERIFF
THOMAS,JOHNSON
EQUIPMENT COMPANY
VEHICLE REPAIR/MAINT: TEM SHERIFF
VEHICLE REPAIR/MAINT: TEM SHERIFF
501582 12/30/2021
018675 MDG ASSOCIATES INC
NOV CDBG-CV EMERGENCY RENTAL
ASSIST PGM
NOV CDBG-CV EMERGENCY RENTAL AS
501583 12/30/2021
019823 MERCHANTS BLDG MAINT LLC
NOV JANITORIAL SVCS: PD MALL
SUBSTATION
501584 12/30/2021
004040 MORAMARCO ANTHONY J,
ART WORKSHOP: 2ND SATURDAY
DBA BIGFOOT GRAPHICS
HOLIDAY WINDOW PAINTING: TVM
501585 12/30/2021
009337 NV5INC
TEMECULA MEDIA TRAINING
Amount Paid
528.00
713.54
288.26
228.45
13,028.54
840.00
160.84
382.00
142.50
1,450.00
474.21
390.52
78.98 74.31
152.25
157.71
14.98 350.00
350.00
350.00
1,546.00
1,421.00
718.50
400.00
350.00
7.500.00
Page: 5
Check Total
528.00
1,230.25
13,028.54
840.00
160.84
524.50
1,450.00
1,018.02
152.25
172.69
1,050.00
2,967.00
718.50
750.00
7,500.00
Page:5
apChkLst Final Check List Page: 6
12/28/2021 11:43:34AM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
501586 12/30/2021 022537 REFRIGERATION SUPPLIES,
DISTRIBUTOR
501587 12/30/2021 002412 RICHARDS WATSON AND
GERSHON
501588 12/30/2021 005585 ROMINE, MARIA
501589 12/30/2021 013482 SILVERMAN ENTERPRISES
INC, DBA BAS SECURITY
501590 12/30/2021 002366 STEAM SUPERIOR CARPET
CLEANING
501591 12/30/2021 021603 TITAN RENTALS GROUP INC,
TITAN TENT & EVENT RENTAL
501592 12/30/2021 016864 WOOD, RANDOLPH
(Continued)
Description
MISC PARTS: FIRE
HVAC SUPPLIES: STATION 84: FIRE
HVAC SUPPLIES: STA 73
MISC PARTS: FIRE
MISC PARTS: FIRE
MISC PARTS: FIRE
NOV 2021 LEGAL SERVICES
NOV 2021 LEGAL SERVICES
NOV 2021 LEGAL SERVICES
NOV 2021 LEGAL SERVICES
NOV 2021 LEGAL SERVICES
NOV 2021 LEGAL SERVICES
NOV 2021 LEGAL SERVICES
NOV 2021 LEGAL SERVICES
NOV 2021 LEGAL SERVICES
NOV 2021 LEGAL SERVICES
REIMB: UNIFORMS: CODE
ENFORCEMENT
SECURITY: SPEC EVENT: CHILLED:
TCSD
12/1-12/5 SECURITY SRVCS: PUMP TRA(
CARPET CLEANING SRVCS - STA 84
CARPET CLEANING SRVCS: FIRE STA 7c
CARPET CLEANING SRVCS: FIRE STA 92
CARPET CLEANING SRVCS: FIRE STA 84
CARPET CLEANING SRVCS: FIRE STA 92
TABLES/CHAIRS/TENT RENTALS: 12/3
EVENT:
TABLES/CHAIRS/TENT RENTALS:SPEC E
TABLES/CHAIRS/TENT RENTALS:EMPL L
REIMB: UNIFORMS: BLDG & SAFETY
Amount Paid Check Total
434.77
85.59 82.28
66.47 66.47
44.38 18,382.93
14,760.00
10,065.93
3,306.00
1,044.00
348.00
112.00
87.00 84.00
58.00 171.04
5,262.35
3,318.00
815.00
600.00
585.00
480.00
95.00 7,486.93
2,494.75
1,633.88
175.00
Grand total for EFT UNION BANK:
779.96
48,247.86
171.04
8,580.35
2,575.00
11, 615.56
175.00
104,235.36
Page6
apChkLst Final Check List Page: 7
12/28/2021 11:43:34AM CITY OF TEMECULA
32 checks in this report.
Grand Total All Checks: 120,729.23
Page:?
Item No. 4
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 18, 2022
SUBJECT: Approve Annual Citywide Records Retention Schedule and Records Destruction for Calendar Year 2022
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING REVISIONS TO THE
ESTABLISHED CITYWIDE RECORDS RETENTION
SCHEDULE, THEREBY AMENDING AND RESTATING THE
RECORDS RETENTION POLICY, AND APPROVING THE
DESTRUCTION OF CERTAIN RECORDS
BACKGROUND: The citywide Records Management Program ("Program") is based on state and federal laws and agency guidelines governing public records. The Records Retention Schedule ("Schedule") is a key element of this program. The objective of the program and schedule is to administer and preserve records vital to the operation of the City and to lawfully dispose of records that have served their usefulness. Program components include the retention schedule, records destruction, technology storage and retrieval, and related policies and procedures. The schedule is a comprehensive listing of records created or maintained by the City, that includes the length of time each record is retained and the legal retention authority. The Electronic Document Management System ("EDMS") is a part of the overall program. The City uses Laserfiche as its EDMS to store its official records electronically. The purpose of the EDMS policy is to ensure the City's EDMS meets the definition of a Trusted System as set forth in Government Code Sections 12168.7 and 34090.5 and is in compliance with regulations developed by the Secretary of State to use in recording, storing, and reproducing permanent and nonpermanent documents or records in electronic media, so that every reproduction of a record from the EDMS will be deemed to be a copy of an original record.
Documents already imaged and identified within various records series of the schedule are destroyed in accordance with policy. Permanent imaging of these records complies with the requirements of state and federal laws. Proposed revisions to the schedule are based upon an annual survey of departments. Revisions reflect changes in records ownership, operational needs and changes in applicable records management law.
Government Code Section 34090 requires legislative approval for said destruction, along with City Attorney review and Department Director authorization. The City Attorney consents to the destruction of the proposed records by way of approval of this report and attachments and signature on the corresponding resolution. Assuming the City Council approves the proposed destruction Department Directors will also sign off on the request for destruction of records prior to actual destruction. In addition to the descriptions set forth in Exhibit A, bar code records also identify each record retained and/or destroyed by the City.
Therefore, staff recommends that the City Council approve the annual retention schedule and records destruction.
FISCAL IMPACT: The costs associated with the program are contained in the annual operating budget for the City Clerk Department.
ATTACHMENTS: Resolution and Exhibit A
RESOLUTION NO.2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING REVISIONS TO THE
ESTABLISHED CITYWIDE RECORDS RETENTION
SCHEDULE, THEREBY AMENDING AND RESTATING
THE RECORDS RETENTION POLICY, AND APPROVING
THE DESTRUCTION OF CERTAIN RECORDS
WHEREAS, the Records Retention Schedule is a key element of the Records Management Program for the City of Temecula in administering and preserving records vital to the operation of the City and for legally disposing of records that have served their usefulness; and WHEREAS, the Records Retention Schedule, attached hereto as Exhibit A, is a living, breathing document changing periodically based on the ongoing operational needs of the City.
WHEREAS, Section 34090 et seq. of the California Government Code authorizes the destruction of City records upon approval of the legislative body of the City and with written consent of the City Attorney, provided that the records do not fall within certain specified categories, and are not less than two years old; and
WHEREAS, the records identified to be destroyed in Exhibit A, incorporated herein by this reference, are more than two years old, are not subject to litigation hold, and are not otherwise required to be kept by the City by statute and therefore meet the criteria for destruction set forth in Government Code Section 34090 et seq.; and
WHEREAS, in addition to the description of records provided in Exhibit A, bar code scans identify each record retained and/or destroyed by the City.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The "City of Temecula Uniform Filing System Guide Records Retention Schedule" is hereby amended and restated as set forth on Exhibit A.
Section 2. The City Clerk or her designee is authorized to destroy the records described on Exhibit A.
Section 3. The City Attorney's signature on this resolution shall serve as evidence of his written consent to the destruction of records as identified in Exhibit A.
Peter M. Thorson
City Attorney
Section 4. The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 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
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
100
GENERAL ADMINISTRATIVE FILES
US
Hard CopyDeclaration
100-01
Mission Statement
ALL
of City's purpose
Until Superseded
GC 34090
Hard Drives
US
Hard Copy
Policies, procedures, manuals developed by the
100-02
City Wide Policies and Administrative Guidelines
HR
City to
y govern it's internal functions
Until Superseded
GC 34090
HR Drive
101
CORRESPONDENCE CONTROL FILES
C + 2
Hard Copy
Incoming/outgoing correspondence - letters, email,
2019 and prior unless part
101-01
Chronological and General Correspondence Files
ALL
of ongoing project, within
GC 34090
Office 365
memorandums, requests, notices, etc.
CEQA statute of limitations
Hard Copy
101-06
Calendars, Appointment Books, Scheduling, Call Logs
ALL
C + 2
Office 365
General correspondence, logs, books
2019 and prior
and Visitor Logs
GC 34090
Outlook
200
PLANNING, BUDGET & PROGRAMMING FILES
EMERGENCY PLANNING & DISASTER REPORTING
201
FILES
US + 2
Hard Copy
Notices, lists, reference papers, general
201-01
Emergency Planning Files
HR
Until Superseded + 2
GC 34090
EM/RM Drive
correspondence and supporting documents
P
Hard Copy
Declarations of Local Emergency, Receipt of Funds
201-02
Emergency Reporting Files
HR
Certification, reports documenting actions and
Permanent
GC 34090 AD
EM/RM Drive
operations - incident reports, reports of resolution
201-04
Disaster Reporting Files
CC
P
Hard Copy
Reports documenting actions and operations -
Permanent
GC 34090 AD
incident reports, reports of resolution
P
Hard Copy
Reports documenting actions and operations -
201-06
Emergency Communications Files
HR
incident reports, reports of resolution
Permanent
GC 34090 AD
EM/RM Drive
US + 2
Target
201-08
Emergency Management Training
HR
Solutions
Attendance logs, certificates, etc.
Until Superseded + 2
GC 34090
EM/RM Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
202
ORGANIZATION PLANNING FILES
Us
HR Drive
202-01
Workforce Planning
HR
Organization charts, lists, reports, etc.
Until Superseded
GC 34090
203
CITY PLANNING FILES
P
Hard Copy
GC 34090 AD;
EnerGov
Project files, applications, notices, correspondence
203-01
Tentative Map Files/Tentative Tract Maps
CD, PW
H & S 19850;
PW Drive
related to project, exhibits, environmental
Permanent
documents, etc.
GC 4003;
X Drive
GC 4004
Laserfiche
P
Hard Copy
GC 34090 AD;
EnerGov
Project files, applications, notices, correspondence
203-02
Tentative Parcel Map Files
CD, PW
H & S 19850;
PW Drive
related to project, exhibits, environmental
Permanent
documents, etc.
GC 4003;
X Drive
GC 4004
Laserfiche
P
EnerGov
GC 34090 AD;
X Drive
Project files, applications, notices, correspondence
203-03
Zone Change Files
CD
H & S 19850;
related to project, exhibits, environmental
Permanent
documents, etc.
GC 4003;
GC 4004
P
EnerGov
GC 34090 AD;
X Drive
Project files, applications, notices, correspondence
203-04
Variance Files
CD
H & S 19850;
related to project, exhibits, environmental
Permanent
documents, etc.
GC 4003;
GC 4004
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
C + 2
EnerGov
Project files, applications, notices, correspondence
related to project, exhibits, environmental
203-07
Minor Temporary Use Permit
CSD, CD
GC 34090
X Drive
documents, etc. (Refer to Series 203-48 for Master
2019 and prior
and Major TUP's)
P
Hard Copy
GC 34090 AD;
EnerGov
Project files, applications, notices, correspondence
203-08
Conditional Use Permit Files
CD
H & S 19850;
X Drive
related to project, exhibits, environmental
Permanent
documents, etc.
GC 4003;
GC 4004
P
EnerGov
GC 34090 AD;
X Drive
Project files, applications, notices, correspondence
203-10
Modifications (includes minor, major, review)
CD
H & S 19850;
related to project, exhibits, environmental
Permanent
documents, etc.
GC 4003;
GC 4004
P
EnerGov
Project files, applications, notices, correspondence
203-11
General Plan/Development Code and Amendments
CD, CM
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
P
Hard Copy
Project files, applications, notices, correspondence
Laserficherelated
203-12
Lot Line Adjustment
CC, CD,PW
to project, exhibits, environmental
Permanent
GC 34090 AD
EnerGov
documents, etc.
X Drive
Environmental Initial Study, Environmental Impact
P
EnerGov
Project files, applications, notices, correspondence
203-13
Report and Environmental Assessments
p
CD
GC 34090 AD
X Drive
related to project, exhibits, environmental
Permanent
documents, etc.
P
EnerGov
Project files, applications, notices, correspondence
203-15
Comprehensive Sign Program
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
CITATION
(Updated each January)
US + 2
EnerGov
Project files, applications, notices, correspondence
203-16
Temporary Signs
CD
related to project, exhibits, environmental
Until Superseded + 2
GC 34090 AD
X Drive
documents, etc.
P
EnerGov
Project files, applications, notices, correspondence
203-17
Sign Permit
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
Hard Copy
F,
PW Drive
Project files, applications, notices, correspondence
203-19
Parcel Merger
CC, CID,
EnerGov
related to project, exhibits, environmental
Permanent
GC 34090 AD
Laserfiche
documents, etc.
X Drive
P
EnerGov
Project files, applications, notices, correspondence
203-20
Home Occupation Permit
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
P
Hard Copy
Project files, applications, notices, correspondence
203-21
Specific Plans/Specific Plan Amendments
CD, CM
EnerGov
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
P
Hard Copy
PW Drive
Project files, applications, notices, correspondence
203-22
Certificate of Compliance
CC, CD,
EnerGov
related to project, exhibits, environmental
Permanent
PW
GC 34090 AD
Laserfiche
documents, etc.
X Drive
P
EnerGov
Project files, applications, notices, correspondence
203-23
Waivers of Final Map
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
Hard Copy
P
PW Drive
Project files, applications, notices, correspondence
203-24
Development Plans
C PW
EnerGov EnerGov
related to project, exhibits, environmental
Permanent
GC 34090 AD
Laserfiche
documents, etc.
X Drive
P
EnerGov
Covenants & Agreements, Project files,
203-25
Second Dwelling Unit Permit
CC, CD
X Drive
applications, notices, correspondence related to
Permanent
GC 34090 AD
Hard Copy
project, exhibits, environmental documents, etc.
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
P
Hard Copy
Project files, applications, notices, correspondence
203-28
Development Agreements
CD, CM
EnerGov
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
P
Hard Copy
Project files, applications, notices, correspondence
203-31
Landscape Agreements/Bonds/Plans
CD
EnerGov
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
P
Hard Copy
Project files, applications, notices, correspondence
203-32
Appeals
CD
EnerGov
related to project, exhibits, environmental
Permanent
GC 34090
X Drive
documents, etc.
P
EnerGov
Project files, applications, notices, correspondence
203-35
Massage Establishment/Technician
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
P
EnerGov
Project files, applications, notices, correspondence
203-36
Findings of Public Convenience or Necessity
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
P
EnerGov
Project files, applications, notices, correspondence
203-37
Development Impact Fee Reduction
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
P
EnerGov
Project files, applications, notices, correspondence
203-38
Extension of Time
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
P
EnerGov
Project files, applications, notices, correspondence
203-39
Habitat Acquisition Negotiations Strategy (HANS)
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
P
EnerGov
Project files, applications, notices, correspondence
203-40
Minor Exception
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
P
EnerGov
Project files, applications, notices, correspondence
203-41
Model Home Complex
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
P
EnerGov
Project files, applications, notices, correspondence
203-42
Pre -Application Review
Idocuments,
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
etc.
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
P
EnerGov
Project files, applications, notices, correspondence
203-43
Residential Tract Product Review
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
P
EnerGov
Project files, applications, notices, correspondence
203-44
Vendors License
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
P
EnerGov
Project files, applications, notices, correspondence
203-45
Wireless Antenna Facility
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
P
EnerGov
Noticing documents, project correspondence,
203-46
Long Range Planning Projects
CD
invoices, receipts, exhibits, EIR documents,
Permanent
GC 34090 AD
X Drive
required forms
P
EnerGov
Project files, applications, notices, correspondence
203-47
Certificate of Historical Appropriateness
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
Master/ Major Temporary Use Permits and Special
P
EnerGov
Project files, applications, notices, correspondence
203-48
CD
related to project, exhibits, environmental
Permanent
Events
GC 34090 AD
X Drive
documents, etc.
P
EnerGov
Project files, applications, notices, correspondence
203-49
Special Studies
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
X Drive
documents, etc.
Hard Copy
203-50
Zoning Letter
CD
GC 34090
EnerGov
Zoning letters and relevant information
Permanent
Planning Drive
INFORMATION TECHNOLOGY COMPUTER
204
APPLICATIONS, AUDIO/VIDEO & DIRECTORIES
P
P Drive
204-06
Council Meeting Media
CC, ITSS
GC 34090.7
Audio, visual recordings
Permanent
AD
DVD
Meeting Audio Recordings (Boards & Commissions,
C + 2
P Drive
204-07
Directors Hearin etc.) )
ITSS
Audio recordings
2019 and prior
,
GC 34090
Surveillance Video Recordings (Routine Video
1 Year
Genetec
204-08
Monitoring)
ITSS
GC 34090.6
System
Regular and ongoing operations
2020 and prior
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
CITATION
(Updated each January)
204-09
Surveillance Video Recordings (Traffic Intersections)
ITSS
2 Years
Genetec
Traffic and road condition surveys
2019 and prior
GC 34090
System
2019 and prior unless part
Public Record Emails -
of ongoing project, within
204-10
Electronic Mail
ITSS
2 Years
Outlook
Retain land use and PW project emails until the
CEQA statute of limitations
GC 34090
project is approved and the CEQA statute of
or subject to other statutory
limitations period expires without litigation.
protection
204-11
Proximity Card Log/List
ITSS
GC 34090 AD
Onguard
Tracking Log
Permanent
204-12
Help Desk Tickets
ITSS
Spiceworks
Employee service requests
2018 and prior
GC 34090
205
BUDGET FILES
C + 2
Hard CopyAnnual
205-01
Budget Working Paper Files
FIN
Operating Budget back up documents
2019 and prior
GC 34090
Finance Drive
C + 2
Hard Copy
205-02
Proposed Budget
FIN
Questica
Annual Operating Budget (City Council
2019 and prior
p
GC 34090
Workshop/Report)
Finance Drive
Final Adopted City Budget &
P
Hard Copy
205-03
FIN
GC 34090 AD,
Laserfiche
Adopted -Final Annual Operating Budget
Permanent
Mid -year Budget
40802 and
Questica
documents and Midyear Budget documents
53901
Finance Drive
4 AA
Hard Copy
205-04
Budget Adjustments
FIN
Tyler Eden
Journals, budget adjustment requests
FY 16/17 and prior
GC 34090
Finance Drive
P
Hard Copy
205-09
Capital Improvement Program Budget
FIN
Questica
Adopted - Annual Capital Improvement Program
Permanent
GC 34090 AD
Budget
Finance Drive
C + 2
Finance Drive
State of California yearly budget information with
205-13
State Budget Information
FIN
population
2019 and prior
GC 34090
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
206
REPORTING FILES
P
Hard Copy
206-02
Comprehensive Annual Financial Reports
FIN
Tyler Eden
Final CAFR
Permanent
CAFR/Annual Financial Statements
( )
GC 34090 AD
Finance Drive
P
Hard Copy
Final State Controllers Report submitted to State of
206-04
State Controller's Report
FIN
California
Permanent
GC 34090 AD
Finance Drive
P
Hard Copy
Final Street Report submitted to the State of
206-05
Street Report
FIN
California
Permanent
GC 34090 AD
Finance Drive
206-06
Statement of Indebtedness (RDA)
FIN
P
Hard Copy
Final RDA Financial Statements (SOI) submitted to
Permanent
GC 34090 AD
Finance Drive
the State of California
207
COST ANALYSIS STUDIES
207-01
Cost Analysis Studies Files
FIN
Cop
Final Fee Studies (City Council Report)
Permanent
GC 34090 AD
F nardce Dr ve
REDEVELOPMENT (RDA) & SUCCESSOR AGENCY
208
THE REDEVELOPMENT AGENCY (SARDA)
P
Hard Copy
Project files, applications, notices, correspondence
208-01
Redevelopment Plan
CD
RDA Drive
related to project, exhibits, environmental
Permanent
GC 34090 AD
documents, etc.
P
Hard Copy
Project files, applications, notices, correspondence
208-02
Redevelopment Projects
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
RDA Drive
documents, etc.
P
Hard Copy
Project files, applications, notices, correspondence
208-03
Redevelopment Programs
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
RDA Drive
documents, etc.
P
Hard Copy
Project files, applications, notices, correspondence
208-04
Housing Programs
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
RDA Drive
documents, etc.
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
RECORD CATEGORY
OFFICE OF
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
RETENTION &
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
C + 2
Hard Copy
Operating Budget, Unit Status Report, Statement of
208-05
Affordable Housing Compliance
CD
Monthly Income and Backup Documentation (proof
2019 and prior
GC 34090
RDA Drive
of income, tax returns, bank statements, proof of
insurance, etc.)
Us
Hard Copy
Project files, applications, notices, correspondence
208-06
Owner Participation Rules
CD
related to project, exhibits, environmental
Until Superseded
GC 34090
RDA Drive
documents, etc.
US
Hard Copy
Project files, applications, notices, correspondence
208-07
Relocation Assistance, Rules & Guidelines
CD
related to project, exhibits, environmental
Until Superseded
GC 34090
RDA Drive
documents, etc.
P
Hard Copy
Project files, applications, notices, correspondence
208-08
Special Studies - RDA/SARDA
CD
related to project, exhibits, environmental
Permanent
GC 34090 AD
RDA Drive
documents, etc.
209
FUNDING PROGRAMS
T + 4
Hard CopyApplications,
209-01
Community Services Funding Program
CM
supporting documents
2017 and prior if terminated
GC 34090
Hard Drive
3 Office + 5
Hard Copy
Project files, contracts, proposals, statements,
209-02
CDBG Public Service Admin Files
CD, CM
GC 34090;
Planning Drive
reports, environmental review, grant documents,
2014 and prior
applications, inventory, plans, regulations (see also
409-18)
P
Hard Copy
Electronic — Includes Consolidate Plan, Annual
Action Plans, Analysis of Impediments,
209-03
CDBG Planning Documents
CD
Assessment of Fair Housing, Consolidated Action
permanent
GC 34090 AD
Planning Drive
and Performance Evaluation Report (CAPER),
Amendments (i.e. notices, actual substantial
amendments, agreements, etc.)
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
2 + 3
Hard Copy
Project files, contracts, proposals, statements,
209-04
CDBG Funding Applications
CD
reports, environmental review, grant documents,
2 Office + 3
GC 34090
Planning Drive
selected applications, inventory, plans, regulations
US
Hard Copy
209-05
CDBG Policy Manuals
CD
Procedures and policies
Until Superseded
GC 34090
Planning Drive
300
MANAGEMENT FILES
301
DEPARTMENTAL MANAGEMENT FILES
US
Hard CopyAgendas,
301-02
Conference and Meetings
ALL
outlines, lists, notes, etc.
Until Superseded
GC 34090
Hard Drive
US
Hard CopyProcedures
301-03
Departmental Procedures
ALL
Until Superseded
GC 34090
Hard Drive
US
301-04
Signature Authority & Notices of Appointment
CC
GG 34090
Hard Copy
Delegation of signature authority
Until Superseded
302
REPORTS MANAGEMENT FILES
303
FORMS MANAGEMENT FILES
US
Hard Drive
303-01
Forms (Masters)
ALL
Shell forms
Until Superseded
GC 34090
Laserfiche
304
RECORDS MANAGEMENT FILES
US
Hard Drive
304-01
Filing Systems & Procedures (Includes TUFFS)
CC
Lists
Until Superseded
GC 34090
P
CC Drive
304-02
Department Inventories and Worksheets
CC
Yearly inventory sheets, worksheets
Permanent
GC 34090 AD
Records Destruction Authorization Files and
P
Hard Drive
304-03
CC
Certificates of Destruction
Permanent
Certificates
GC 34090 AD
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
P
Hard CopyListings
304-06
Department Transfer Lists
CC
of documents transferred to Records
Permanent
GC 34090 AD
Laserfiche
P
CC Drive
304-07
Retention Schedules
CC
Retention schedule (City Council Report)
Permanent
GC 34090 AD
305
RISK MANAGEMENT
P
Hard Copy
305-01
Insurance Policies
ALL
Laserfiche
City Owned Policies
Permanent
GC 34090 AD
EM/RM Drive
3 AS
Hard Copy
2018 and prior years after
305-02
Claims Filed by the City
HR
Refer to Series 704-13 for Claims Against the City
settled
GC 34090
EM/RM Drive
CL + 7
Hard CopyAccident/Incident
305-03
Accident Reports — City Assets
HR
Reports
2014 and prior closed
GC 34090
EM/RM Drive
Risk Management Reports — Loss Analysis, Safety,
CL + 7
EM/RM Drive
305-04
HR
Accident/Incident Reports
2014 and prior closed
etc.
GC 34090
AS + 3
EM/RM Drive
305-05
Self -Insured Documentation
HR
Insurance Policies; Certificate of Consent
2018 and prior after settled
GC 34090
CL + 3
EM/RM Drive
305-06
Incident Reports (Non -employee)
HR
Accident/Incident Reports
2018 and prior closed
GC 34090
400
ACCOUNTING, PAYROLL & RETIREMENT
401
ACCOUNTING & REVENUE FILES
Also see Section 409
4 AA
Hard Copy
401-03
General Ledger File/AJE/BJE
FIN
GC 34090
Tyler Eden
Journal and budget adjustments
FY 16/17 and prior
CCP337
Finance Drive
4 AA
Hard Copy
401-06
Accounts Payable
FIN
Tyler Eden
Vendor invoices with check copies, draw files
FY 16/17 and prior
GC 34090
Finance Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
4 AA
Hard Copy
401-07
Accounts Receivable
FIN
Finance Drive
Billing invoices with backup documents
FY 16/17 and prior
GC 34090
Tyler Eden
4 AA
Hard Copy
401-10
Demands & Warrants (checks)
FIN
Tyler Eden
Copies of A/P checks
FY 16/17 and prior
GC 34090
Finance Drive
4 AA
Laserfiche
401-13
List of Demands
FIN
Check listing issued monthly (City Council Report)
FY 16/17 and prior
GC 34090
4 AA
Hard CopyPetty
401-14
Petty Cash Files
FIN
cash receipts with backup documents
FY 16/17 and prior
GC 34090
4 AA
Hard CopySales
401-16
Sales Tax (Also see 409-11)
FIN
tax backup documents
FY 16/17 and prior
GC 34090
Finance Drive
4 AA
Hard Copy
401-19
Quarterly Financial Statements
FIN
GC 34090 &
Laserfiche
Reports of quarterly financials (City Council Report)
FY 16/17 and prior
CCP 337
Finance Drive
4 AA
Hard CopyState
401-20
State Revenues
FIN
of California revenue information
FY 16/17 and prior
GC 34090
Finance Drive
Hard Copy
4 AA
Questica
401-21
Fiscal Analysis
FIN
Finance Drive
Income, balance, cash flow statements
FY 16/17 and prior
GC 34090
4 AA
Hard Copy
401-25
Vouchers and Voucher Register (Cash Disbursement
FIN
CCP 337
Tyler
Daily cash receipt backup documents
FY 16/17 and prior
Journal)
Cashiering
GC 34090
Finance Drive
4 AA
Hard CopyTracking
401-35
Internal Service Funds
FIN
of services and goods
FY 16/17 and prior
GC 34090
Finance Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
4 AA
Hard Copy
401-37
Asset Management Inventory
FIN
Tyler Eden
Fixed assets inventory
FY and prior
GC 34090
Finance Drive
402
RECEIPTS & BILLING FILES
4 AA
Hard Copy
402-02
Daily Cash Receipts
FIN
Tyler
Daily cash backup documents
FY and prior
GC 34090
Cashiering
Finance Drive
4 AA
Hard Copy
402-05
Permits and Permit Fees
FIN
EnerGov
Listing of permit fees
FY 16/17 and prior
GC 34090
Finance Drive
5 AC
Hard Copy
Business license applications, changes and
renewals
402-06
Business Licenses
FIN
2017 and prior after closed
EnerGov
GC 34090
Finance Drive
403
CITY BANKING FILES
4 AA
Hard Copy
Copies of Bank Deposits, checks, deposit slips,
403-01
Bank Deposit Files
FIN
direct deposits
FY 16/17 and prior
GC 34090
Finance Drive
4 AA
Hard CopyCopies
403-02
Bank Statements
FIN
of Bank Statements
FY 16/17 and prior
GC 34090
Finance Drive
4 AA
Hard CopyCopies
403-03
Check Stubs, Cancelled/Voided Checks
FIN
of A/P checks and voids
FY 16/17 and prior
GC 34090
Finance Drive
3 AT
Hard Copy
2019 and prior after
403-05
Banking Service Files
FIN
Bank fees file
GC 34090
termination
4 AA
Finance Drive
403-06
Bank Reconciliation
FIN
Monthly bank reconciliation documents
FY 16/17 and prior
GC 34090
4 AA
Hard CopyA/P
403-08
A/P Checks (Numerical Listing)
FIN
checks
FY 16/17 and prior
GC 34090
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
404
PAYROLL FILES
C + 4
Hard Copy
404-01
IRS Forms (W2's, W-4's, EDD, 941, 1099, etc.)
FIN
GC 34090
Finance Drive
Copies of W-2, W-4, payroll reports, 941 reports
2017 and prior
sent to IRS
CFR 1627.3
C + 4
Hard Copy
404-02
Payroll Deductions/Benefit Reports
FIN
GC 34090
Tyler Eden
Payroll reports
2017 and prior
P29 CFR
1627.3
4 AA
Tyler EdenPayroll
404-03
Payroll System Reports
FIN
reports
FY 16/17 and prior
GC 34090
4 AA
Tyler EdenPayroll
404-04
Time Sheets
FIN
timesheets, Time Off Requests
FY 16/17 and prior
GC 34090
4 AA
Hard Copy
404-06
Vacation & Sick Leave
FIN
Finance Drive
Payroll leave report
FY 16/17 and prior
GC 34090
Tyler Eden
4 AA
Tyler Eden
404-09
Unemployment Compensation Files
FIN
Payroll unemployment forms
FY 16/17 and prior
GC 34090
P
Tyler Eden
404-14
PERS — Payroll Deduction Reports
FIN
Payroll pension reports sent to CalPers
Permanent
29 CFR 1627.3
4 AA
Tyler EdenWorkers
404-16
Workers Compensation
FIN
Compensation yearly audit files
FY 16/17 and prior
GC 34090
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
DESTRUCTION DATES
&
LOCATION
OF RECORDS
LEGAL
(Updated each January)
CITATION
405
BOND FILES
M + 10
Hard Copy
Certificates of participation, distribution lists,
405-01
Bond Issue Maintenance Files
CC, PW
53921 &
M + 10
agreements, amendments, maps
CCP 337.5
P
Hard Copy
405-09
Bonds, Development and Performance
CC, PW
53921 &
Bonds, correspondence, tracking lists
Permanent
CCP 337.5
M + 10
Hard Copy
405-16
Bonds Other
CC
53921 &
Bonds, correspondence, tracking lists
M + 10
CCP337.5
406
AUDIT FILES
P
Hard CopyCity
406-07
City Annual Audit
FIN
Annual Financial Reports Audited
Permanent
GC 34090 AD
Finance Drive
P
Hard CopyCity
406-08
Single Audit
FIN
Annual Financial Reports Audited
Permanent
GC 34090 AD
Finance Drive
P
Hard CopyRDA
406-09
Redevelopment Agency Audit
FIN
Annual Financial Report Audited
Permanent
GC 34090 AD
Finance Drive
Riverside County Transportation Commission/Measure
P
Finance Drive
406-10
FIN
Measure A Annual Audit
Permanent
A Audit
GC 34090 AD
P
Finance Drive
406-11
Other Audits
FIN
Annual Financial Reports Audited
Permanent
GC 34090 AD
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
DESTRUCTION DATES
&
LOCATION
OF RECORDS
LEGAL
(Updated each January)
CITATION
407
RETIREMENT FILES
4 AA
Hard Copy
407-01
Individual Vested Interest Records
FIN
Laserfiche
City investment portfolio records
FY 16/17 and prior
GC 34090
Sempro
Finance Drive
P
Hard Copy457
407-02
Deferred Compensation Plans
HR
Plan Documents
Permanent
GC 34090
HR Drive
P
Hard CopyRetirement
407-04
Retirement Correspondence and Information (PERS)
HR
contract, amendments
Permanent
GC 34090 AD
HR Drive
408
INVESTMENTS FILES
P
Hard Copy
408-04
Certificates of Deposit Information
FIN
CIDdeposit information
Permanent
GC 34090 AD
4 AA
Hard Copy
408-06
Monthly Treasurer's Report
FIN
Laserfiche
City monthly bank reconciliation
FY 16/17 and prior
GC 34090
Sempro
Finance Drive
4 AA
Hard CopyInvestment
408-07
Administration
FIN
administration
FY 16/17 and prior
GC 34090
Sempro
4 AA
Hard Copy
State of California Local Agency Investment Fund
408-10
(LA IF)
FIN
Sem ro
p
Investment information
FY 16/17 and prior
GC 34090
Finance Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
409
REVENUE & TAXATION (Also refer to Section 401)
4 AA
Hard Copy
Finance Drive
409-01
Administration
FIN
Tyler Eden
City revenue administration
FY 16/17 and prior
GC 34090
Tyler
Cashiering
P
Hard Copy
Finance Drive
409-04
User Fee Studies
FIN
Tyler Eden
Permanent
GC 34090 AD
Tyler
Cashiering
City User Fee studies
P
Hard Copy
Finance Drive
409-05
Development Impact Fees (DIF)
FIN
Tyler Eden
City Impact Fee studies
Permanent
GC 34090 AD
Tyler
Cashiering
4 AA
Hard Copy
Finance Drive
409-06
Franchise Fees
FIN
Tyler Eden
City Franchise Fees information
FY 16/17 and prior
GC 34090
Tyler
Cashiering
P
Hard CopyCity
409-07
Fee Schedules
FIN
Fees Schedule
Permanent
GC 34090 AD
Finance Drive
4 AA
Hard Copy
Tyler Eden
409-10
Property Tax
FIN
Tyler
City property tax information
FY 16/17 and prior
GC 34090
Cashiering
Finance Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
P
Hard CopyCity
409-11
Sales Tax (Also refer to series 401-16)
FIN
sales tax information, HDL Reports
Permanent
GC 34090 AD
Finance Drive
4 AA
Hard Copy
409-12
Transient Occupancy Tax (TOT)
FIN
Tyler
City TOT information
FY 16/1 and prior
GC 34090
Cashiering
Finance Drive
P
Hard Copy
409-15
TCSD Fees
FIN
Tyler Eden
TCSD Fees
Permanent
GC 34090 AD
Rec 1
Finance Drive
4 AA
Hard Copy
409-16
Documentary Transfer Tax
FIN
Tyler Eden
City tax information
FY 16/17 and prior
GC 34090
Finance Drive
P
Hard Copy
409-17
Temecula Public Financing Corporation (TPFA)
FIN
Laserfiche
TPFA (City Council Report)
Permanent
GC 34090 AD
Finance Drive
P - Successful
C + 2
Hard Copy
Grants information, applications, project proposals,
Permanent - Successful
409-18
Grants
ALL
Unsuccessful
notification of grant, objectives, reports, exhibits
Unsuccessful - 2019 and
(see also 209-02)
prior
GC 34090 AD
Finance Drive
4 AA
Hard Copy
409-23
Gas Tax
FIN
Tyler Eden
Gas tax revenues
FY 16/17 and prior
GC 34090
Finance Drive
4 AA
Hard Copy
409-24
Vehicle Impound Fee
FIN
Tyler Eden
Vehicle fee information
FY 16/17 and prior
GC 34090
Finance Drive
P
Hard Copy
409-25
Development Agreement Fees
FIN
Tyler Eden
Development Agreement
Permanent
GC 34090 AD
Finance Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
P
Hard Copy
409-27
Jarvis Prop 218
FIN
Prop 218 information
Permanent
GC 34090 AD
4 AA
Hard Copy
409-28
County Revenues, Other
FIN
Tyler Eden
County revenue information
FY 16/1 , and prior
GC 34090
Finance Drive
4 AA
Hard Copy
409-29
State Revenues, Other
FIN
Tyler Eden
State Revenues information
FY 16/17 and prior
GC 34090
Finance Drive
Data Ticket
4 AC
Tyler Eden
409-31
Parking Legal Citations
FIN
Finance Drive
Parking citations information
2017 and prior after closed
GC 34090
410
ECONOMIC DEVELOPMENT
P
Hard CopyLoan
410-01
Loans & Incentives
ED
information
Permanent
GC 34090 AD
P
ED Drive
410-02
Studies/Research/Demographics & Census
ED
Claritas reports, QLMP
Permanent
GC 34090 AD
C + 2
ED Drive
Agendas, notices, CALED, ICSC, PIO Lunch,
410 03
Meetings/Seminars/Conferences/ Showcases
ED
2019 and prior
GC 34090
Broker's Breakfast, Temecula Trekkers
US
ED Drive
410-05
Temecula Businesses
ED
Creative Spaces Project, correspondence
Until Superseded
GC 34090
US
ED Drive
410-06
Business Development/Projects
ED
Business information
Until Superseded
GC 34090
US
Hard Copy
Application guidelines, applications, funding charts,
410-07
Sponsorship &Funding Requests
ED
Until Superseded
GC 34090
ED Drive
final sponsorship binder
P
CM Drive
Script, event information, audio/visual recordings,
410-08
State of the City Address
CM, ED
GC 34090 AD
Video
photos, PowerPoint Presentation
permanent
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
PERSONNEL, SALARY & BENEFITS,
CLASSIFICATION, RECRUITMENT, TESTING,
500
TRAINING, MEDICAL, COMPLIANCE, SAFETY,
INCENTIVES & AWARDS
501
PERSONNEL RECORDS
S+50
Pre -employment and new hire documentation,
personnel actions, performance evaluations,
training documents, general employment
501-01
Individual Personnel File
HR
GC 34090,
Hard Copy
correspondence, benefits, confidential information
Separation + 50
12946
HR Drive
(medical information, leave of absence
documentation), grievances, administrative
complaints, investigations
US
Hard CopyPersonnel
501-02
Personnel Policy File
HR
policy
Until Superseded
GC 34090
HR Drive
502
SALARY & BENEFITS
P
HR Drive
502-01
Employee Benefit Plans
HR
Cafeteria Plan documents
Permanent
GC 34090 AD
US
HR Drive
502-02
Salary Studies
HR
Salary Studies
Until Superseded
GC 34090
P
HR Drive
502-04
Salary Schedules
HR
Salary Schedules
Permanent
GC 34090 AD
P
HR Drive
Management Compensation Plan (City Council
502-07
Management Compensation Plan
HR
Permanent
GC 34090 AD
Report)
p )
P
HR Drive
City Council Compensation Plan (City Council
502-08
Council Compensation Plan
HR
Permanent
GC 34090 AD
Report)
p )
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
DESTRUCTION DATES
&
LOCATION
OF RECORDS
LEGAL
(Updated each January)
CITATION
503
PERSONNEL CLASSIFICATION FILES
P
NeoGov
503-01
Classification Specifications
HR
Class Specifications
Permanent
GC 34090 AD
HR Drive
US
HR Drive
503-02
Classification Studies
HR
Classification Study results
Until Superseded
GC 34090
505
RECRUITMENT
AC + 3
NeoGov
Job applications, position announcements,
505 01
Recruitment File (including job application)
HR
2019 and prior after closed
GC 34090
interview ratings, eligibility list
,
g g y
507
TRAINING FILES
T + 2
HR Drive
2019 and prior after
507-03
Employee Career Development Training Rosters
HR
Training Participant Rosters
GC 34090
termination
Target
507-04
Safety Training Rosters
HR
T + 2
Solutions
Training Participant Rosters
2019 and prior after
termination
GC 34090
HR Drive
Target
507-05
Mandated Training Rosters
HR
T + 2
Solutions
Training Participant Rosters
2019 and prior after
termination
GC 34090
HR Drive
508
WORKERS COMP
AT + 50
Hard Copy
CCR 14311;
HR Drive
Individual Workers' Compensation file (Work Status
508-02
Employee Workers Compensation Claims
HR
15400.2;
Reports, DWC-1 Form and Acknowledgement)
50 Years After Termination
CA LC 110-
139.6
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
DESTRUCTION DATES
&
LOCATION
OF RECORDS
LEGAL
(Updated each January)
CITATION
509
COMPLIANCE FILES
Hard Copy
P
HR Drive
OSIP Report; Section 111 Reporting, CHP
509-05
Compliance Reports (EED, SCO, OSHA, etc.)
HR, PW
PW Drive
Inspection (DOT), Material Safety Data Sheets
Permanent
(MDS)
GC 34090 AD
510
SAFETY FILES
P
EM/RM Drive
510-01
Safety Committee Meeting/Minutes
HR
Agenda, meeting minutes
Permanent
GC 34090 AD
P
EM/RM Drive
510-02
Accident/Safety Investigation Files (OSHA, etc.)
HR
Accident/Incident Reports
Permanent
GC 34090 AD
P
EM/RM Drive
510-03
Safety Manual
HR
Safety Manuals
Permanent
GC 34090 AD
P
Hard Copy
Individual DOT Driver File (Test results, DMV
510-05
Department of Transportation DOT Program
HR
Permanent
GC 34090 AD
EM/RM Drive
Reports, Pull Program Authorization, Medical Card)
511
INCENTIVE AND SERVICE AWARDS
P
HR Drive
511-01
Employee Recognition
HR
Service award tracking
Permanent
GC 34090 AD
C + 2
HR Drive
511-02
City Sponsored Employee Activities (Team PACE)
HR
Team PACE event plans, meeting minutes
2019 and prior
GC 34090
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
DESTRUCTION DATES
&
LOCATION
OF RECORDS
LEGAL
(Updated each January)
CITATION
PURCHASING, CONTRACTING, EQUIPMENT AND
600
SERVICE FILES
601
PURCHASING FILES
SQL Reports
601-01
Purchase Orders
FIN
4 AA
Tyler Eden
Purchase orders, purchase order reports, backup
FY 15/16 and prior
documents
GC 34090
M Drive
Hard Copy
P Successful
Hard Drive
Successful Permanent;
601-03
Bid Files
ALL
Planet Bids
Notice of Inviting Bid (NIB) and unsuccessful bid
Unsuccessful 2018 and
4 Unsuccessful
bonds (CC retains paper)
prior (Successful bid bond
filed with contract)
CCP 337.5
Finance Drive
US
Tyler EdenBid
601-04
Authorization to Purchase other than Bid
FIN
authorization
Until Superseded
GC 6254
3 AA
Tyler EdenRequisition
601-05
Department Requisition File
FIN
file, backup documents
FY 17/18 and prior
GC 34090
US
Finance Drive
601-06
Purchasing Policy and Procedures
FIN
Purchasing policies and procedures
Until Superseded
GC 6254
3 AA
601-08
Vendors Lists
FIN
Listing of vendors
FY 17/18 and prior
GC 34090
Tyler Eden
3 AA
Finance Drive
601-13
Credit Applications
FIN
Credit application
FY 16/17 and prior
GC 34090
Successful:
Hard Copy
AA +5
Successful: 2016 and prior
601-15
RFQs, RFPs and RFI's
ALL
2 Unsuccessful
Hard Drive
Quotes, proposals, exhibits, correspondence
if closed; Unsuccessful:
2019
Planet Bids
GC 34090
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
602
CONTRACTS & AGREEMENTS
Hard Copy
Contracts , Agreements, Amendments, Contract
P
Finance Drive
Agreements, contracts, amendments and contract
602-00
Change Orders and Leases
CC, PW
change orders
Permanent
GC 34090 AD
Laserfiche
Hard Copy
P
Finance Drive
602-01
Franchises
CC
Agreements, Contracts, Amendments
Permanent
GC 34090 AD
Laserfiche
C + 2
Hard CopyGeneral
602-02
Contracts and Agreements General Correspondence
CC
Correspondence
2019 and prior
GC 34090
Finance Drive
US + 4
Hard Copy
Tyler Eden
Certificates Insurance (Departments maintain
602-05
Vendor Certificates of Insurance
ALL
copies for their records)
e
Until Superseded + 4
GC 34090
603
INVENTORY SUPPLY FILES & FIXED ASSETS
US + 2
Hard Drive
603-01
Master Inventory of Equipment
FIN, ITSS
Listing of inventory
Until Superseded
GC 34090
C + 2
Hard CopyCity
603-02
Fuel Records File (Gasoline, Oil, etc.)
FIN
revenue administration
2019 and prior
GC 34090
L + 4
Hard Copy
603-03
Vehicle Registration Records
CC, FIN
GC 34090
City vehicle title records, registrations, sales
Life/Sale of Vehicle +4
contract and release correspondence
VC 9900
US
Hard CopyVehicle
603-05
Vehicle Maintenance Policy
PW
maintenance policy
Until Superseded
GC 34090
PW Drive
r6O3-06
Fleet/Vehicle Maintenance Records
PW
L
Hard Copy
All Fleet/Vehicle maintenance records
Life/Sale of Vehicle
PW Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
604
SALVAGE AND SURPLUS SALES
C + 2 After
Disposal
Tyler Eden
2019 and prior after
604-01
Salvage and Surplus Sales
FIN, PW
Asset surplus
Finance Drive
disposal
GC 34090
PW Drive
605
PUBLICATION AND PRINTING FILES
C + 2
Hard CopyPublication
605-01
Proof of Publication
CC
Approval, Proof of Publication
2019 and prior
GC 34090
EQUIPMENT LOG, SERVICE RECORDS and WORK
606
ORDERS
C + 2 After
Disposal
Hard Drive
2019 and prior after
606-01
Equipment Instruction, Information and Warranties
ALL
Equipment information pamphlets, books, manuals
disposal
disposal
GC 34090
606-03
Equipment Service Records & Equipment Maintenance
ALL
C + 2 After
Disposal
Hard Drive
Service/Maintenance documentation, logs
2019 and prior after
d
disposal
disp
GC 34090
C + 2
Hard Copy
606-04
Work Orders and Service Requests
PW
Laserfiche
Citizen Requests, Service Order Requests
2019 and prior
GC 34090
PW Drive
607
SERVICES CONTRACTED
P
Hard Copy
607-02
Misc. Mechanics Lien & Stop Notices
PW
Laserfiche
Preliminary Notices, Stop Notices
Permanent
GC 34090 AD
PW Drive
700
LEGISLATIVE, ELECTIONS & LEGAL FILES
701
LEGISLATIVE FILES
City Council, Agency, Board, Commission &
P
Hard Copy
Agendas, staff reports, exhibits, departmental
701-02
CC
Permanent
Committee Agendas
GC 34090 AD
Laserfiche
reports
Hard Copy
Permanent - Read into
701-03
Request to Speak Forms
CC
P
Electronic
Speaker Slips, Emails submitted for the record
Record
C + 2 - Not read into the
C+2
record (Public Comment)
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
DESTRUCTION DATES
&
LOCATION
OF RECORDS
LEGAL
(Updated each January)
CITATION
P
Hard Copy
Permanent - Originals may
701-04
City Council Ordinances
CC
Ordinances, exhibits, logs
GC 34090(e)
Laserfiche
not be destroyed
Y
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
City Council, Agency, Board, Commission &
P
Hard Copy
Permanent - Originals may
701-05
CC
Resolutions, exhibits, logs
Committee Resolutions
GC 34090(e)
Laserfiche
not be destroyed
City Council, Agency, Board, Commission and
P
Hard Copy
Permanent - Originals may
701-10
CC
Minutes
Committee Minutes
GC 34090(e)
Laserfiche
not be destroyed
Selected: T + 4
City Council, Board, Committee, Commission &
Selected: Termination +4
701-11
Agency Reference Papers, Applications, Appointments
CC
Not Selected:
Hard Copy
Applications, correspondence
Not Selected: 2019 and
& Resignations
C + 2
prior
GC 34090
Federal & State Legislative Information &
P
Hard Copy
CC
Correspondence
Permanent
701-12
Correspondence
GC 34090 AD
P
Hard Copy
Replace superseded pages;
701-14
Municipal Code
CC
GC 34090(e)
Municipal Code, updates
Code and Insertion Guides
AD
Website
Permanent
Hard Cope py
701-15
Signed Meeting Cancellation Notices
CC
GC 34090 AD
Notices
Permanent
C + 4
Hard CopyNotices
701-16
Public Hearing Notices
CC
2017 and prior
GC 34090
P
Hard CopyCommittee
701-18
City Seal/Logo
CC
documents, seal, correspondence
Permanent
GC 34090 AD
P
Hard Copy
LAFCO documents, county resolution, studies,
701-19
City of Temecula Articles of Incorporation
CC
Permanent
GC 34090 AD
exhibits
P
CC Drive
701-22
History of Elected/Appointed Officials
CC
List of elected/appointed officials
Permanent
GC 34090 AD
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
702
ELECTION FILES
P
Hard Copy
702-02
Election Historical/Operational Files
CC
Primary/General election correspondence,
Permanent
GC 34090 AD
CC Drive
publications, resolutions, results, etc.
702-04
Miscellaneous Election Ballots
CC
GC 34090 AD
Hard Copy
Proposition 218
Permanent
Successful:
T + 4
Hard Copy
702-06
Nomination Files
CC
Nomination Papers
Successful:Term + 4
Unsuccessful:
Unsuccessful: Election +2
E + 2
Elected Mayor, City Council
Campaign Statements
P/E + 5/E+7
Hard Copy
FPPC documents
members and suppporting
committees: Permanent
FPPC Form 400 Series & 501
GC 81009 (b)
Laserfiche
Non -Elected (Election + 5) -
702-08
CC
2016 and prior
Misc.
GC 81009 (c)
Net File
Individuals/Committees (E
+ 7) — 2014 and prior
(Must Retain in Paper Form
for 2 Years)
Campaign Disclosure Log
P
CC Drive
702-09
CC
GC 34090 AD
Log
Permanent
P
Hard Copy
702-10
Annexation, Consolidation & Boundary Files
CC
GC 34090(a)
()
LAFCO documents, reports, recorded maps, notice
Permanent
of intent, correspondence
AD
C + 8 months
Hard Copy
Petition, correspondence, ballot turn in, ballot title, For petition: 8 months after
702-11
Initiatives, Referendums and Recalls
CC
notice of intent
certification of election if on
C + 2
ballot or after final
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
702-12
Misc. Petitions
CC
Hard Copy
Neighborhood petitions
2019 and prior
GC 34090
5 ATR
Hard Copy
GC 53235.2 -
702-13
AB 1234 Ethics Training & AB 1661 Harassment
CC
Ethics GC
Certificate of Proof, Proof of Participation List
2016 and prior
Prevention Training
12950.1,
53237, 53237.5
HP
GC 12950.1,
703
LEGAL
53237 and
53237.5 - HP
CL + 2
Web QA
PRA Requests, correspondence, documents
703-01
Public Records Act Requests (PRA's)
CC
2019 and prior after closed
GC 34090
produced
Requests for Copies of Building Plans/Structural
Hard Copy
Request, Architect Consent Correspondence,
703-02
CC
H & S 19851
Owner Declaration, Postal Cards, Proof of Receipt
Approved - P
Drawings
Web QA
and B & S Letter via CC Dept.
P
Hard Copy
Permanent - Final
703-03
Litigation Against City
CC, HR
Individual Working Files (Claim, Litigation Notices,
documents transferred to
GC 34090
EM/RM Drive
Depositions, Case Status Reports)
City Clerk and retained with
litigation file
C + 4
Hard CopyNotices
703-06
Bankruptcy Filings/Foreclosure Notices
CC
related to contracts
2017 and prior
GC 34090
Laserfiche
C + 2
Hard Copy
703-08
Subpoenas
CC
Subpoena, correspondence, log
2019 and prior
GC 34090
Web QA Portal
P
Hard Copy
Permanent - Final
Individual Working Files (Claim, Litigation Notices,
documents transferred to
703-09
Litigation by City
CC, HR
GC 34090 AD
EM/RM Drive
Depositions, Case Status Reports)
City Clerk and retained with
litigation file
704
LEGAL AFFAIRS FILES
CL + 5
Hard Copy
704-04
Affidavits Files
CC
Mailings & Postings
2016 and prior
GC 34090
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
P
Hard CopyLegal
704-05
Judgment Files
CC
documents, correspondence
Permanent
GC 34090 AD
Statements of Economic Interest
C + 7
Laserfiche
FPPC documents
2014 and prior
FPPC Form 700
704-07
CC
GC 81009(e)(f)
(Must Retain in Paper Form
(g)
for 2 Years)
GC 87200
P
Hard Copy
704-08
Conflict of Interest Code
CC
Permanent
P
Hard Copy
704-09
Wage Garnishment & Levies
FIN
Payroll employee garnishment information
Permanent
GC 34090 AD
CL + 2
Hard Copy
Citations, complaints, officer comments/notes,
photos, notices, violation lists/reports,
704-10
Code Enforcement Case Files
CE
GC 34090 (d)
B & S Drive
nuisance/vehicle/weed abatement records,
2019 and prior closed
AD
Energov
warrants, demand for payment, invoices and
related records
P
Hard Copy
Code cases, reports, correspondence, invoices,
704-11
Code Enforcement Liens
CC, CE
GC 34090 (a)
EnerGov
photos, liens, warrants, demand payment letters
Permanent
AD
Laserfiche
resolutions and noticing
B & S Drive
Hard Copy
City Attorney Correspondence (General) /Closed
C + 2
Office 365
704-12
Session Materials
ALL
Hard Drives
Correspondence, exhibits, reports
2019 and prior
GC 34090
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
3 AS
Hard Copy
Claim, exhibits, general correspondence (Refer to
704-13
Claims Against the City
CC
305-02 for claims filed by the City)
2018 and prior after settled
GC 34090
P
704-15
Notary Public
CC
GC 8209,
Hard Copy
Notary Bond, Errors & Omissions Policy
Permanent
GC34090(d)
C + 2
Hard Copy
Miscellaneous Petitions/Protests (See 702-12 for
704-19
election petitions)
CC
GC 34090,
Petitions
2019 and prior
50115
C + 7
Hard Copy
704-22
FPPC Form 800 Series
CC
GC 34090, GC
FPPC documents, backupdocuments
and prior -Must retain
Laserfiche
paper
paper form for 2 years
81009
705
ASSESSMENT/SPECIAL DISTRICTS
P
Hard Copy
C + 2 Ballots
705-01
Assessment/Special Districts
CC
GC 34090
Reports, correspondence, ballots
Permanent
Ballots - C + 2
GC 53753 (e)
(2)
P
Hard Copy
705-05
Temecula Community Services District
FIN
Finance Drive
TCSD Levy
Permanent
GC 34090 AD
Tyler Eden
P
Hard Copy
705-12
Industrial Development Authority (IDA)
FIN
Finance Drive
IDA Levy
Permanent
GC 34090 AD
Tyler Eden
ENGINEERING, CONSTRUCTION, BUILDING AND
800
CAPITAL PROJECTS
801
GENERAL ENGINEERING
P
Hard Copy
801-03
Imp rovement Plans — Storm Drain
PW
Laserficheeasements,
Plans, reports, studies, bonds, agreements,
Permanent
GC 34090 AD
legal descriptions
PW Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
P
Hard Copy
801-04
Improvement Plans — Street All Weather Access
p ( )
PW
PW Drive
Plans, reports, studies, bonds, agreements,
Permanent
GC 34090 AD
easements, legal descriptions
Laserfiche
P
Hard Copy
801-05
Grading Plans
PW
Laserfiche
Plans, reports, studies, bonds, agreements,
Permanent
GC 34090 AD
easements, legal descriptions
PW Drive
802
ENGINEERING AND CONSTRUCTION PERMITS
P
Hard Copy
802-02
Grading Permits
PW
Laserfiche
Plans, reports, studies, bonds, agreements,
permanent
GC 34090 AD
easements, legal descriptions
PW Drive
P
Hard Copy
802-05
Encroachment Permits
PW
Laserfiche
Plans, reports, studies, bonds, agreements,
permanent
GC 34090 AD
easements, legal descriptions
PW Drive
P
Hard Copy
802-07
Right of Entry
CD, PW
Laserfiche
Document files, court filings, noticing,
Permanent
GC 34090 AD
correspondence
PW Drive
P
Hard Copy
802-08
Flood Plain Development Permits
PW
Plans, reports, studies, bonds, agreements,
Permanent
GC 34090 AD
Laserfiche
easements, legal descriptions
PW Drive
803
MAP FILES
P
Hard Copy
803-01
Final Tract Maps
PW
Laserfiche
Plans, reports, studies, bonds, agreements,
Permanent
GC 34090 AD
easements, legal descriptions
PW Drive
P
Hard Copy
803-02
Final Parcel Maps
PW
Laserfiche
Plans, reports, studies, bonds, agreements,
Permanent
GC 34090 AD
easements, legal descriptions
PW Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
DESTRUCTION DATES
&
LOCATION
OF RECORDS
LEGAL
(Updated each January)
CITATION
BUILDING PLANS, PERMITS AND
805
SPECIFICATIONS
P
EnerGov
805-01
Sewer Specifications
CD
Procedures and policies
Permanent
GC 34090 AD
Permits Plus
P
EnerGov
805-03
Landscape Specifications
CD, PW
Permits Plus
Procedures and policies
Permanent
GC 34090 AD
Hard Copy
PW Drive
P
Hard Copy
805-04
Regional Standard Drawings and Specifications for
PW
Laserfiche
Standard drawings, standard specifications, plans,
permanent
Public Works
GC 34090 AD
PW Drive
reports, studies, calculations
Website
P
EnerGov
805-06
Building Codes
BS
Procedures and policies
Permanent
GC 34090 AD
Permits Plus
P
EnerGov
Building permits, plans, applications, contact
Permanent - For life of
805-07
Building Permits
BS
information, related permit documents and
GC 34090 AD
Permits Plus
database records
structure
P
EnerGov
Architectural/structural drawings, Title 24's,
Permanent - For life of
805-08
Building Plans
BS
GC 34090 AD
Permits Plus
Structural Calculations, tenant improvement plans
structure
H & S 19850
806
CAPITAL PROJECTS
P
Hard CopyProject
806-01
5-Year Plan
ALL
files, plans, reports
Permanent
GC 34090 AD
Hard Drive
P
Hard Copy
Project files, documents, plans, specifications,
806-04
Projects in Progress
PW
Permanent
GC 34090 AD
PW Drive
reports, logs
P
Hard Copy
Project files, documents, plans, specifications,
806-05
Completed Projects
p
pW
Laserfiche
re orts
p
Permanent
GC 34090 AD
PW Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
DESTRUCTION DATES
&
LOCATION
OF RECORDS
LEGAL
(Updated each January)
CITATION
807
INSPECTION FILES
Hard Copy
B & S Drive
P
EnerGov
Permits Plus
Drive
807-01
Inspectors Daily Reports
CD, PW
Inspection reports
Permanent
Permits Plus
Hard Copy
GC 34090 AD
B & S Drive
Laserfiche
PW Drive
P
EnerGov
807-02
Billboard and Sign Files
CD
Permits Plus
Building permits, plans, applications, contact
Permanent
GC 34090 AD
Hard Copy
information, related permit documents
B & S Drive
P
EnerGov
807-03
Deputy Inspectors/City Fee Required
CD
Permits Plus
Contact information, fee information, reports
Permanent
GC 34090 AD
Hard Copy
B & S Drive
900
LABOR RELATIONS FILES
P
HR Drive
901-00
Labor Relations
HR
Employee relations documentation
Permanent
GC 34090 AD
P
HR Drive
901-01
Meet and Confer
HR
Negotiation, resolution documentation
Permanent
GC 34090 AD
Memorandum of Understanding, Management
P
HR Drive
901-02
HR
Employee MOU, Management Compensation Plan
Permanent
Compensation Plan
p
GC 34090 AD
P
HR Drive
901-05
Bargaining Unit Organization Files
HR
Bargaining Unit documentation
Permanent
GC 34090 AD
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
DESTRUCTION DATES
&
LOCATION
OF RECORDS
LEGAL
(Updated each January)
CITATION
RIGHT-OF-WAY, BOUNDARY AND PROPERTY
1000
FILES
1001
RIGHT-OF-WAY FILES
P
Hard CopyDeeds,
1001-01
Easements Granted BY City
CC
agreements, grants, legal description
Permanent
GC 34090 AD
P
Hard CopyDeeds,
1001-02
Easements Granted BY County
CC
agreements, grants, legal description
Permanent
GC 34090 AD
P
Hard CopyIOD,
1001-03
Irrevocable Offers of Dedication (I.O.D.)
CC
legal description
Permanent
GC 34090 AD
CC
P
Hard Copy
1001-04
Encroachment Files
Agreements
Permanent
GC 34090 AD
P
Hard CopyQuitclaim
1001-05
Quitclaims
CC
Deed
Permanent
GC 34090 AD
P
Hard CopyDeeds,
1001-06
Easement Grant TO City
CC
agreements, grants, legal description
Permanent
GC 34090 AD
1002
PROPERTY FILES
P
Hard CopyGrant
1002-01
Property Acquisition Files
CC
Deeds, agreements
Permanent
GC 34090 AD
P
Hard CopyLease
1002-02
Property Lease Files
CC
agreements
Permanent
GC 34090 AD
P
Hard CopyAgreements,
1002-03
Property Sale Files
CC
escrow documents, correspondence
Permanent
GC 34090 AD
P
Hard CopyRecorded
1002-06
Vacations
CC
resolution, reports
Permanent
GC 34090 AD
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
DESTRUCTION DATES
&
LOCATION
OF RECORDS
LEGAL
(Updated each January)
CITATION
P
EnerGov
1002-07
Annexations
CC, CD, CM
Permits Plus
Project files, applications, notices, correspondence
Permanent
GC 34090 AD
X Drive
related to project, plans, etc.
Hard Copy
P
Hard CopyRecorded
1002-08
Property Management
CC
resolution, reports
Permanent
GC 34090 AD
P
Hard CopyFinal
1002-10
Eminent Domain Acquisition
CC
Order of Condemnation, deeds
Permanent
GC 34090 AD
P
Hard CopyReports
1002-11
Appraisals
CC
Permanent
GC 34090 AD
1003
BOUNDARY FILES
P
EnerGov
Project files, applications, notices, correspondence
1003-01
Boundary Description
rY p
CD
GC 34090 AD
Permits Plus
related to project, plans, etc.
Permanent
X Drive
P
EnerGov
1003-02
Sphere of Influence
CD
Permits Plus
Project files, applications, notices, correspondence
Permanent
GC 34090 AD
X Drive
related to project, plans, etc.
Hard Copy
1100
PUBLIC SERVICES AND PUBLIC RELATIONS
STREET MAINTENANCE AND IMPROVEMENT
1110
FILES
P
Hard Copy
Plans, reports, studies, bonds, agreements,
1110 01
Street Improvement
PW
Laserfiche
easements, legal descriptions
Permanent
GC 34090 AD
PW Drive
P
Hard Copy
Plans, reports, studies, bonds, agreements,
1110-02
Off -Site Plans Ram etc. s, Sidewalks, Curbs,
(Ramps, )
PW
Laserfiche
easements, legal descriptions
Permanent
GC 34090 AD
PW Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
P
Hard Copy
1110-03
Bridges
PW
Laserfiche
Plans, reports, studies, bonds, agreements,
permanent
GC 34090 AD
easements, legal descriptions
PW Drive
P
Hard Copy
1110-04
Street Planning
PW
Laserfiche
Plans, reports, studies, bonds, agreements,
permanent
GC 34090 AD
easements, legal descriptions
PW Drive
P
1110-05
Street Maintenance and Repairs
PW
Hard Copy
Maintenance and inventory records
Permanent
GC 34090 AD
PW Drive
Lucity
P
Hard Copy
1110-06
in Crosswalks, Bike Lanes, etc.
Striping g ( )
PW
Laserfiche
Plans, reports, studies, bonds, agreements,
Permanent
GC 34090 AD
easements, legal descriptions
PW Drive
P
Hard Copy
1110-07
Street Names and Signs
PW
Lucity
GIS data base, street sign inventory
Permanent
GC 34090 AD
PW Drive
P
Hard Copy
1110-08
Street Furniture (Bus Benches, etc.)
PW
Lucity
Street maintenance/inventory records
Permanent
GC 34090 AD
PW Drive
P
Hard Copy
1110-09
State Highways & Freeways
PW
Laserfiche
Plans, reports, studies, bonds, agreements,
Permanent
GC 34090 AD
easements, legal descriptions
PW Drive
P
Hard Copy
1110-10
Street Inventory
PW, ITSS
GIS System
GIS data base
Permanent
GC 34090 AD
Lucity
PW Drive
P
Hard Copy
1110-11
Medians
PW, ITSS
GIS System
GIS data base, maintenance/inventory records
Permanent
GC 34090 AD
Lucity
PW Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
DESTRUCTION DATES
&
LOCATION
OF RECORDS
LEGAL
(Updated each January)
CITATION
P
Hard Copy
1110-12
Slopes
PW, ITSS
GIS System
GIS data base, maintenance/inventory records
Permanent
GC 34090 AD
Lucity
PW Drive
P
EnerGov
1110-13
Street Numbering & Naming
CD
GIS data base, lists, maps
Permanent
Permits Plus
GC 34090 AD
X Drive
P
Hard Copy
Plans, reports, studies, bonds, agreements,
1110-14
Detour Plans
PW
GC 34090 AD
Laserfiche
easements, legal descriptions
permanent
PW Drive
1120
STREET LIGHTING FILES
C + 2
Hard Copy
Service Order Requests (SOR's) and SCE
2019 and prior -Originals
1120-02
Street Lighting Maintenance Files
PW
Lucit y
maintenance
are sent to SCE
GC 34090
PW Drive
1130
SPECIAL SERVICES FILES
Volunteer Program Applications (Community Service,
C + 2
Hard Copy
Applications, Minor Consent Forms, TB Test, Live
1130-01
CSD
2019 and prior
etc.)
GC 34090
Volgistics
Scan
C + 2
ar opy
1130-04
Special Events Permits
CSD
EnerGov
Permits
2019 and prior
GC 34090
1141
SPECIAL STUDIES FILES
P
Hard Copy
Plans, reports, studies, easements, legal
1141 01
Flood Control Studies
PW
Laserfiche
descriptions
Permanent
GC 34090 AD
PW Drive
P
Hard CopyStudies,
1141-02
Demographic & Statistical Studies
ED
supporting documents
Permanent
GC 34090 AD
ED Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
DESTRUCTION DATES
&
LOCATION
OF RECORDS
LEGAL
(Updated each January)
CITATION
1150
ANIMAL CONTROL FILES
C + 2
EnerGov
1150-01
Animal Control Correspondence
CE
Permits Plus
Code cases, reports, correspondence, noticing
2019 and prior
GC 34090
B&S Drive
1160
TRAFFIC CONTROL AND PARKING
P
Hard Copy
Plans, reports, studies, bonds, agreements,
1160-01
Traffic Control Files
PW
GC 34090 AD
Laserfiche
easements, legal descriptions
permanent
PW Drive
C + 2
Hard Copy
1160-02
Traffic Studies and Surveys
PW
Laserfiche
Reports, studies
2019 and prior
GC 34090
PW Drive
P
Hard Copy
Plans, reports, studies, bonds, agreements,
1160-04
Traffic Requests — Public Inquiry
PW
Lucit y
Permanent
GC 34090 AD
easements, legal descriptions
PW Drive
C + 5
Hard Copy
1160-06
Traffic Consultants
PW
Laserfiche
Reports, studies
2016 and prior
GC 34090
PW Drive
1161
TRAFFIC MAPS
P
Hard Copy
1161-02
Street Maps
ITSS/PW
GIS System
GIS data base, street improvement plans
Permanent
GC 34090 AD
Laserfiche
PW Drive
P
Hard Copy
1161-03
Speed Survey
PW
Laserfiche
Traffic documents, reports, studies
Permanent
GC 34090 AD
PW Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
1162
TRAFFIC SIGNAL FILES
L
Hard Copy
1162-01
Traffic Signals
ITSS, PW
Lucity
GIS data base, traffic signal plans
Life
GC 34090
PW Drive
L
Hard Copy
1162-02
Traffic Signal Maintenance
PW
GIS System
Reports, service maintenance records, PM, Service
Life
GC 34090
Lucity
Order Requests
PW Drive
1163
PARKING FILES
1163-01
Park and Rides
CC
GC 34090
Hard Copy
Correspondence
2019 and prior
1170
SANITATION, SEWERS & STORMDRAINS
US
Hard CopyGeneral
1170-09
Storm Drains and Flood Control
CC
correspondence, updates
Until Superseded
GC 34090
1180
PUBLIC RELATIONS FILES
1180-02
Historical Documents
ALL
P
Hard Copy
Incorporation news clippings, historical press
Permanent
GC 34090
Hard Drive
releases
C + 2
MyCivic
1180-03
Public Inquiry and Complaints (Except Consumer)
ALL
GC 34090,
Office 365
General correspondence
2019 and prior
945.6
CCP 338, 342
Hard Copy
P
Hard CopyAgendas,
1180-06
Public Ceremony Files
CM
outlines
Permanent
GC 34090 AD
C + 2
Hard CopySurveys,
1180-08
Public Questionnaires/Surveys
CM, CSD
summaries, results, reports
2019 and prior
GC 34090
Hard Drive
P
Hard CopyNewsletters
1180-09
Municipal Newsletter
CM
Permanent
GC 34090 AD
Hard Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
P
Hard CopyListings
1180-10
Donations TO the City
CC
of donated items
Permanent
GC 34090 AD
C + 2
Hard CopyGeneral
1180-11
Organizations and Clubs, General
CM, CSD
correspondence
2019 and prior
GC 34090
C + 2
Hard CopyCopies
1180-12
Community Education
CSD
of print collateral, media files
2019 and prior
GC 34090
Hard Drive
C + 2
Hard CopyPress
1180-13
Special Events and City Sponsored Events
CM, CSD
releases, permits, supporting documentation
2019 and prior
GC 34090
Hard Drive
C + 2
Hard CopyPress
1180-14
City Promotional Campaign
CM, CSD
releases, collateral
2019 and prior
GC 34090
Hard Drive
P
Hard Copy
1180-16
Sister City Program
CM, CSD
Letters, itinerary, items of historical significance
Permanent
GC 34090 AD
Hard Drive
US + 2
Hard CopyPublications,
1180-18
City Publications & Brochures
ALL
brochures, postal cards, etc.
Until Superseded + 2
GC 34090
Hard Drive
P
Hard Copy
Reports delivered in conjunction with City business
1180-20
Speeches
CM
speech outlines (retain items of historical
Permanent
GC 34090 AD
Hard Drive
significance)
PUBLIC UTILITIES, COMMUNICATIONS, AND
1200
TRANSPORTION FILES
1201
GENERAL UTILITIES FILES
P
Hard CopyAgreement
1201-01
Public Utilities Commission
CC
Permanent
GC 34090 AD
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
DESTRUCTION DATES
&
LOCATION
OF RECORDS
LEGAL
(Updated each January)
CITATION
1202
GAS AND ELECTRIC FILES
P
Hard CopyFranchise
1202-01
Franchise Files
CC
documentation
Permanent
GC 34090 AD
Laserfiche
P
Hard CopyCorrespondence,
1202-03
Easements Granted TO Southern California Edison
CC
recorded documents, exhibits
Permanent
GC 34090 AD
Laserfiche
1203
RADIO FILES
AE+2
1203-01
Radio Station License
CC
GC 34090
Hard Copy
License
AE + 2
1205
TELEPHONE FILES
C + 2
Hard CopyCorrespondence
1205-01
General Telephone
ITSS
2019 and prior
GC 34090
C + 2
Hard CopyCorrespondence
1205-02
Cellular Telephone
ITSS
2019 and prior
GC 34090
C + 2
Hard CopyCorrespondence
1205-04
Communication Facilities
ITSS
2019 and prior
GC 34090
1206
CABLE TELEVISION FILES
C + 2
Hard CopyCorrespondence
1206-01
Cable TV Reference Papers
ITSS
2019 and prior
GC 34090
P
Laserfiche
1206-02
Cable TV Franchise
ITSS
Correspondence, agreements, exhibits
Permanent
GC 34090 AD
Hard Copy
1207
TRANSPORTATION FILES
C + 2
Hard CopyMeeting
1207-05
Regional Issues
CM, PW
agendas
2019 and prior
GC 34090
PW Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
DESTRUCTION DATES
&
LOCATION
OF RECORDS
LEGAL
(Updated each January)
CITATION
1300
PUBLIC SAFETY FILES
1301
PUBLIC SAFETY
C + 2
Hard CopyCorrespondence,
1301-01
Law Enforcement
CM
enforcement documentation
2019 and prior
GC 34090
C + 2
EnerGov
1301-02
Public Safety, General
CD, CM
Permits Plus
Code cases, reports, correspondence, noticing
201� and prior
GC 34090
B&S Drive
C + 2
EnerGov
AVA Quarterly Reports, reimbursement
1301-08
Abandoned Vehicles & Houses
CD
Permits Plus
documents, correspondence, noticing
2019 and prior
GC 34090
B&S Drive
C + 2
Hard CopyCorrespondence,
1301-13
Border Patrol
CC, CM
enforcement documentation
2019 and prior
GC 34090
1302
FIRE DEPARTMENT
P
Hard Copy
Project files, applications, notices, correspondence
1302-06
Fire Department Facilities
p
FP
Laserfiche
related to project, plans, etc.
Permanent
GC 34090 AD
FP Drive
P
Hard Copy
Project files, applications, notices, correspondence
1302 08
Fire Permit Files
FP
GC 34090 AD
EnerGov
related to project, plans and database records
Permanent
Permits Plus
Laserfiche
PARKS, RECREATION, ENVIRONMENTAL AND
1400
EDUCATION FILES
1401
PARKS AND FACILITIES
Community Service Rules & Regulations (Council
P
Hard Copy
1401-00
CSD
Ordinances, resolutions
Permanent
Adopted)
GC 34090 AD
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
City Facilities and Parks Reports, Studies &
P
Hard Copy
1401-01
CC, CSD
Reports, studies, summaries and regulations
Permanent
Regulations
GC 34090 AD
Recreation Forms (Activity Registrations, Park/Facility C + 2
Hard Copy
1401-10
CSD
Forms, rosters
2019 and prior
Rentals, Sign -In Sheets, Rosters, etc.)
GC 34090
Civic Rec
1402
CULTURAL RECREATION FILES
1403
ENVIRONMENTAL FILES
P
Hard Copy
1403-01
Community Design Manual
CD
Planning Drive
Manual
Permanent
GC 34090 AD
X Drive
P
Hard Copy
1403-02
Landscaping Guidelines
CD
Planning Drive
Guidelines
Permanent
GC 34090 AD
X Drive
P
Hard Copy
1403-03
Air Pollution/Air Element
CD
Reports, studies, surveys, environmental
Permanent
GC 34090 AD
Planning Drive
documents
X Drive
P
Hard Copy
1403-04
Archaeological Surveys
CD
Reports, studies, surveys, environmental
Permanent
GC 34090 AD
Planning Drive
documents
P
Hard Copy
Reports, studies, surveys, environmental
1403-07
Resource Conservation Areas
CD
Planning Drive
documents
Permanent
GC 34090 AD
X Drive
P
Hard Copy
1403 08
Energy Conservation
CD
Reports, studies, surveys, environmental
Permanent
GC 34090 AD
Planning Drive
documents
X Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
P
Hard Copy
1403-09
City -Wide Clean-up Campaigns
CD
Reports, studies, surveys, environmental
Permanent
GC 34090 AD
Planning Drive
documents
X Drive
Hard Copy
P
Planning Drive
Reports, studies, surveys, environmental
1403 10
Noise Pollution
CD
X Drive
documents
Permanent
GC 34090 AD
P
Hard Copy
1403-11
Tree Trimming and Removal
PW
Lucit y
Reports, studies, surveys, environmental
Permanent
GC 34090 AD
documents
PW Drive
P
Hard Copy
Reports, studies, surveys, environmental
1403-12
Recycling
CD
Planning Drive
documents
Permanent
GC 34090 AD
X Drive
P
Hard Copy
1403-13
Safe Drinking Water Act
CD
Hard Copy
Reports, studies, surveys, environmental
Permanent
GC 34090 AD
Planning Drive
documents
X Drive
P
Hard Copy
1403-14
Congestion Management
CD
Hard Copy
Reports, studies, surveys, environmental
Permanent
GC 34090 AD
Planning Drive
documents
X Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
P
Hard Copy
1403 15
Stephen's Kangaroo Rat Mitigation
p g g
CD
Planning Drive
Reports, studies, surveys, environmental
documents
permanent
GC 34090 AD
X Drive
P
Hard Copy
Reports, studies, surveys, environmental
1403-16
Multi -Species Habitat Conservation Plan
p
CD
Planning Drive
documents
Permanent
GC 34090 AD
X Drive
P
Hard Copy
1403-17
CEQA
CD
Planning Drive
Reports, studies, surveys, environmental
documents
Permanent
GC 34090 AD
X Drive
P
Hard Copy
Reports, studies, surveys, environmental
1403-18
Landfills
CD
Planning Drive
documents
Permanent
GC 34090 AD
X Drive
P
Hard Copy
1403 19
Erosion Control Plans
CD
Reports, studies, surveys, environmental
Permanent
GC 34090 AD
Planning Drive
documents
X Drive
P
Hard Copy
1403-20
Earthquake Standards/Hazardous Buildings
q g
CD
Planning Drive
Reports, studies, surveys, environmental
documents
Permanent
GC 34090 AD
X Drive
P
Hard Copy
1403-21
Mining Projects
CD
Planning Drive
Reports, studies, surveys, environmental
documents
Permanent
GC 34090 AD
X Drive
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
P
Hard Copy
1403 22
Endangered S
Federal Species Act FESA
p ( )
CD
Planning Drive
Reports, studies, surveys, environmental
documents
permanent
GC 34090 AD
X Drive
P
X Drive
1403-23
Santa Ana Watershed Project Authority
CD
Planning R
Reports, studies, surveys, environmental
permanent
GC 34090 AD
Drive
documents
Paper
P
Hard Copy
1403-24
Environmental Pests
CD
Planning Drive
Reports, studies, surveys, environmental
documents
Permanent
GC 34090 AD
X Drive
1405
EDUCATION FILES
C + 2
Hard CopyGeneral
1405-01
Temecula Valley Unified School District
CM
correspondence
2019 and prior
GC 34090
C + 2
Hard CopyGeneral
1405-02
Universities, College & Higher Education
CM
correspondence
2019 and prior
GC 34090
C + 2
Hard Copy
1405-03
Charter, Private, Public & Christian Schools
CM
General correspondence
2019 and prior
GC 34090
Exhibit A
City of Temecula
Records Retention Destruction Schedule DRAFT
Adopted by City Council Resolution No. 2022-_, January 18, 2022 RECORD
SERIES
OFFICE OF
RETENTION &
RECORD CATEGORY
RETENTION
RECORDS
DOCUMENT/RECORD TYPE(S)
FILE
RECORD
APPROVED
NUMBER
&
LOCATION
DESTRUCTION DATES
OF RECORDS
LEGAL
(Updated each January)
CITATION
GOVERNMENT ORGANIZATIONS AND OFFICES:
1500
INTERNATIONAL, NATIONAL AND LOCAL
International, National and Local Government
C + 2
Hard Copy
1500-01
ALL
General correspondence
2019 and prior
Organizations & Offices
GC 34090
1501
UNITED STATES OFFICES AND ORGANIZATIONS
C + 2
Hard CopyGeneral
1501-01
United States Offices & Organizations
ALL
correspondence
2019 and prior
GC 34090
1502
CALIFORNIA OFFICES AND ORGANIZATIONS
C + 2
Hard CopyGeneral
1502-01
California Offices & Organizations
ALL
correspondence
2019 and prior
GC 34090
1503
REGIONAL ORGANIZATIONS
C + 2
Hard CopyGeneral
1503-01
Regional Organizations
ALL
correspondence
2019 and prior
GC 34090
1504
RIVERSIDE COUNTY FILES
C + 2
Hard Copy
1504-01
Riverside County Offices
ALL
General correspondence
2019 and prior
GC 34090
Item No. 5
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 18, 2022
SUBJECT: Approve Annual Legislative Platform for Calendar Year 2022 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council approve the annual legislative platform for calendar year 2022.
BACKGROUND: On May 12, 2015, the City Council approved the City's first Legislative Platform. The Platform is a compilation of general and City -specific policy statements.
The general policy statements reflect commonly -accepted positions on matters pertaining to local governance of cities in the State of California. The City -specific policy statements reflect positions that the City of Temecula has directly and collectively taken in the past. All policy statements in the Platform are consistent with the policies outlined in the City of Temecula's governing documents (i.e., General Plan, Specific Plan, Quality of Life Master Plan, Trails and Bikeways Master Plan, Youth Master Plan, etc.) The Platform is adopted annually by the City Council at the beginning of each year and reflects legislative changes and positions taken in the prior year. The previous year was a shortened legislative session due to the COVID-19 pandemic with primary focus on health and economic recovery efforts at the state and federal levels. Recovery and funding principles are already included in the platform. There were no substantive changes to the platform as a result. The City's state and federal lobbyists will receive the updated platform after adoption.
FISCAL IMPACT: None
ATTACHMENTS: 2022 Legislative Platform
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CITY OF TEMECULA
2022 STATE AND FEDERAL LEGISLATIVE PLATFORM
Approved: January 18, 2022
The Legislative Platform is a tool to protect and promote the City's interests on priority issues and legislative/regulatory matters that may impact the City at the state and federal level. The guiding principles and policy statements below allow City staff and legislative advocates to address legislative and regulatory issues in a timely and directed manner, without precluding City Council consideration of additional legislative matters arising throughout the year. This platform supplements existing City Council established goals and policies in various documents including the City's General Plan and Quality of Life Master Plan (QLMP).
GUIDING PRINCIPLES
Preservation of Local Control
Support measures that preserve and protect the City's general law powers and duties to enact legislation and policy direction concerning local affairs. Oppose measures that preempt local authority.
II. Promotion of Fiscal Stability
Support measures that promote fiscal stability, predictability, and financial independence. Support measures that preserve and promote the City's revenue base.
Oppose measures that mandate costs with no guarantee of local reimbursement or offsetting benefit. Oppose measures that shift local funds to the county, state or federal government, without offsetting benefit.
III. Support Funding Opportunities
Support measures that allow the City to compete for its fair share of regional, state and federal funding including competitive grants and other funding programs. Support measures that promote dedicated funding streams at the regional, state and federal levels allowing the City to maximize local revenues, offset and leverage capital expenditures, and maintain City goals and standards.
POLICY STATEMENTS
ADMINISTRATIVE SERVICES
General Area of Review: Elections, Ralph M. Brown Act, Public Records Act, Political Reform Act, conflict of interest, insurance, tort reform and open and transparent government.
General Policy Statements:
• Supports legislation that recognizes the need to conduct the public's business in public. • Support legislation to allow alternative methods of meeting public notice requirements and enhancing them through the use of cost effective and innovative, technology friendly methods of communication.
• Support legislation to improve and streamline the Political Reform Act and its implementation through regulations.
• Support legislation that would allow a city presented with an allegation of a violation of the California Voter Rights Act (CVRA) to address the allegation before any person may file a lawsuit related to the alleged violation.
• Support legislation to reduce unnecessary and costly procedures for conducting a municipal election.
• Oppose legislation that mandates costly and unnecessary procedures related to the election process.
• Support legislation providing city councils more flexibility to fill city council vacancies including extending the appointment period to fill a vacancy. • Support legislation to allow cities to conduct mail ballot elections when appropriate to reduce the cost of elections and increase voter turnout. • Support legislation that limits the exposure of local governments to lawsuits related to liability, including unimproved natural conditions and design immunity.
City -Specific Policy Statements:
• Resolution No. 03-22 — Support legislation that preserves the ability of public agencies to have a meaningful invocation as a free speech right during public meetings. • Resolution No. 04-41 — Oppose legislation that would prohibit or limit the ability of local government to conduct Closed Session consistent with the Ralph M. Brown Act. • Resolution No. 05-88 — Support legislation and funding that preserves and protects local authority over cable and video services ensuring the ability of local governments to meet their public, educational and government (PEG) access needs. • Resolution No. 09-50 — Support legislation that allows legal notices to be published electronically on the City's website.
• Resolution No. 09-71 — Support legislation to apply the Ralph M. Brown Act to the State Legislature, including provisions requiring advance notice and publication of matters to be voted upon.
• Resolution No. 11-49 — Support legislation that provides the City with an ability to be represented by one congressional district.
• Resolution No. 12-40 — Support legislation to assist California businesses to comply with the Americans with Disability Act without frivolous lawsuits. • Minute Order (3/10/15) — Oppose legislation that broadly mandates district -based election systems in cities without analyzing the specific needs of a community. (2015 — oppose AB 278 (Hernandez): District Based Elections)
2 COMMUNITY SERVICES
General Area of Review: Parks, recreation, libraries, cultural arts, youth, community and human services programs.
General Policy Statements:
• Support legislation and funding for the development and preservation of open space consistent with the City's General Plan, Trails and Bikeways Master Plan and other related policies.
• Support legislation and funding for the construction, rehabilitation and maintenance of public facilities, parks and open space.
• Support legislation and funding for overall youth programs consistent with the City's Youth Master Plan.
• Support legislation and funding for policies and programs that promote the overall health and wellness of families, veterans, seniors and youth in the City. • Support legislation and funding for youth -related prevention and intervention programs, including after school educational and recreational programs. • Support legislation and funding associated with comprehensive strategies to solve homelessness consistent with the City's Responsible Compassion program.
City -Specific Policy Statements:
• Resolution Nos. 99-88 and 06-38 — Support legislation and funding for the construction and improvement of community libraries and the program services provided at library facilities.
• Resolution No. 00-02 — Support legislation and funding for state and local park projects and allow urban areas to expand recreation facilities to serve youth, seniors and families. • Resolution No. 08-76 — Support legislation and funding to provide assistance to Vietnam veterans exposed to Agent Orange.
• Resolution No. 09-80 — Oppose legislation that would bar or severely limit physician - owned hospitals or otherwise negatively impact health care access in our region. • Resolution No. 11-36 — Support legislation that extends qualified immunity to local public agencies that operate public skateboarding parks indefinitely. • Resolution No. 11-48 — Oppose legislation increasing notification requirements for cities that want to opt out of the county free library system to outsource the administration and operation of their libraries to a private for profit company. • Resolution No. 11-69 — Support legislation requiring private insurance companies to cover autism treatment.
• Minute Order (6/10/14 and 3/10/15) — Support legislation that provides greater opportunities for higher education learning in the City. (2015 — Support AB 288 (Holden):
College and Career Access Partnerships)
EMPLOYEE RELATIONS
General Area of Review: Labor relations, employee relations and other matters related to human resources.
3 General Policy Statements:
• Support legislation that increases local control and limits additional financial burdens related to employee relations and collective bargaining that can be appropriately negotiated at the bargaining table.
City -Specific Policy Statements:
• Resolution No. 97-77 — Support legislation that preserves the ability of local, regional and state government to contract with private firms on a competitive basis to design projects.
ENVIRONMENTAL QUALITY
General Area of Review: Air, water and water quality, climate change, CEQA, integrated waste management, hazardous materials, coastal issues, and utilities.
General Policy Statements:
• Support legislation and funding to create a sustainable and stable water supply, encourage conservation of water resources and reduce urban runoff pollution. • Support legislation and funding for renewable energy and advanced technologies that reduce energy use while providing a public benefit that is greater than the cost of compliance.
• Support legislation and funding for local government energy efficiency and renewable energy programs.
• Support legislation and funding for recyclable materials markets while maintaining local authority and flexibility to regulate solid waste and recyclables.
City -Specific Policy Statements:
• Resolution No. 95-37 — Support legislation that provides adequate safeguards to ensure conservation of threatened and endangered wildlife resources while balancing significant quality of life and financial impacts on local communities. • Resolution Nos. 96-126 and 97-59 — Support legislation and funding for flood control and prevention programs, including those that affect Murrieta Creek and Temecula Creek. • Resolution Nos. 98-36 and 08-78 — Support legislation and funding for the development of new technology to promote clean fuel and combat air pollution while providing a public benefit that is greater than the cost of compliance.
• Resolution No. 99-49 — Support legislation and funding for a safe, clean and reliable water supply for California.
• Resolution No. 08-77 — Support legislation that reduces emissions from marine vessels affecting air quality while providing a public benefit greater than the cost of compliance. • Resolution No. 11-81 — Support legislation to expand wilderness areas that enhance local tourism and improve recreational opportunities for future generations. 4 HOUSING, COMMUNITY, ECONOMIC DEVELOPMENT
General Area of Review: Land use, development, annexation and incorporation, building standards, economic development, redevelopment and enterprise zones, mobile home and sign regulations.
General Policy Statements:
• Support legislation and funding to strengthen the capability of local agencies to prepare, adopt and implement plans for responsible growth, development, zoning, and annexations.
• Support legislation and funding for the adoption of effective state building codes to promote community building safety and mitigation of natural hazards. • Support legislation and funding for the adoption of effective and clear green building standards in the California Building Code while providing a public benefit that is greater than the cost of compliance.
• Support legislation and funding programs that promotes the development and enhancement of safe, affordable, and accessible housing within the City for all economic segments of the population.
• Support legislation and funding for improvements to housing element law to provide clear processes and flexibility to allow regional cooperation and establish realistic housing goals and performance standards.
• Support legislation that promotes the fair and effective distribution of State infrastructure bond funds consistent with the needs of diverse local cities. • Support funding mechanisms that encourage and facilitate infrastructure development and economic development.
• Support legislation that streamlines the redevelopment dissolution process with consistency and equitability.
• Support legislation to retain existing fees on telecommunications services and for public, educational and governmental channels.
• Oppose legislation to restrict the authority of cities to zone and plan for the deployment of telecommunications infrastructure.
• Support legislation that promotes the ability of cities to maintain and manage the public right-of-way and receive compensation for its use.
City -Specific Policy Statements:
• Resolution No. 96-53 — Oppose legislation to prohibit the concurrent sale of fuel and alcohol negatively impacting local businesses.
• Resolution No. 04-44 — Oppose legislation that limits the ability of local government to determine conditions for approval for local projects and transfers local land use authority to the State.
• Resolution No. 04-83 — Support legislation exempting hot air balloons from PUC regulations that require accident liability insurance as commercial air operators and aircraft.
• Resolution No. 10-64 — Support legislation that permits the shipment of wine directly to consumers without discrimination between in -state and out-of-state wine producers. 5 Resolution No. 12-66 — Support legislation prohibiting bulk sales of real estate owned properties by the FHFA to investors converting them into rental properties.
Minute Order (8/23/11) — Oppose legislation for quarry projects within the City's boundaries or sphere of influence.
PUBLIC SAFETY
General Area of Review: Law enforcement, fire and life safety, emergency communications, emergency services, disaster preparedness, Indian gaming, and nuisance abatement.
General Policy Statements:
• Support legislation to provide a greater share of and increased latitude to spend asset forfeiture funds.
• Support legislation to improve local law enforcement, fire suppression and prevention, hazardous materials mitigation, rescue, emergency medical services, and disaster preparedness.
• Support legislation to reimburse the City for overtime costs paid to public safety personnel who are required to appear in State and/or County courts. • Support legislation to grant state and federal funding to supplement local law enforcement to increase staffing, equipment and capital improvements to maintain public safety.
• Support legislation and funding to provide law enforcement/public safety agencies greater access to wireless communication necessary to support a national wireless broadband network capable of use by any public safety entity to serve and protect communities throughout the nation.
• Support legislation and funding that promotes comprehensive and effective drug and alcohol education and rehabilitation programs.
• Support legislation and funding to assist local law enforcement to reduce crimes related to illicit drugs, burglary, and assault, including domestic violence, and sobriety and driver's license checkpoints.
• Support legislation to prohibit the manufacture, import, sale and use of dangerous synthetic substances that mimic marijuana, methamphetamine and heroin. • Support legislation that prevents juvenile access to alcohol and illegal drugs. • Support legislation to deter drivers from operating motor vehicles while under the influence of alcohol and drugs.
• Oppose legislation to expand "early release" for low -risk serious and violent offenders without an increase in sustained funding to ensure responsible supervision by parole agents and for local agencies that provide post -release supervision. • Support legislation that provides frontline funding for police services associated with the "early release" of state prisoners as a result of state -mandated criminal justice realignment provisions.
• Support legislation and funding to strengthen and enforce legal protections for all individuals who are victims of crime, including minors and victims of family violence and sexual assault.
• Support legislation to maintain or increase funding for shelters, victim advocacy, trauma and crisis counseling and related mental health services, to assist victims of violent crime, especially minors and victims of family violence and sexual assault. 0 • Support legislation and funding to coordinate homeland security programs, training and emergency response efforts among federal, state, and local governments with clearly defined roles and responsibilities.
• Support legislation and funding for Urban Area Security Initiative ("UASI") and other funding initiatives administered by the Department of Homeland Security to enhance the City's ability to respond to regional or national threats. • Support legislation and funding to secure adequate frequencies and communications systems for multi -jurisdictional connectivity for public safety and protect the frequencies from intrusion.
• Support legislation to increase Emergency Management Performance grant funding retaining flexibility in use of funds for emergency preparedness training, disaster events and disaster communication efforts.
• Support legislation and funding to treat and assist the needs of at -risk juvenile offenders and juveniles placed on court -ordered formal probation. • Support legislation and funding for programs that protect youth from tobacco, alcohol and drug use, and related prevention and intervention programs including gang prevention and after -school programs.
City -Specific Policy Statements:
• Resolution No. 97-87 — Support legislation and funding to promote and preserve the ability of local government to control public safety issues in their communities. (2015 — Oppose AB 718 (Chu): Vehicle Use for Human Habitation)
• Resolution No. 02-71 — Support legislation and funding for the Emergency Alert System to inform the public of Amber Alerts and related information. • Resolution Nos. 02-73 and 04-22 — Support legislation and funding for public dissemination of information by the Department of Justice pursuant to Megan's Law. • Resolution No. 06-17 — Support legislation and funding to improve interactions between wireless service providers and law enforcement during emergency situations. • Minute Order (9/22/92) — Support legislation that provides municipal immunity for high speed pursuits.
• Minute Order (1/11/94) — Support legislation that strengthens anti -pornography laws. • Minute Order (8/9/94) — Support legislation and funding for graffiti abatement programs.
REVENUE AND TAXATION
General Area of Review: Finance administration, taxation reform, general and special revenue and revenue sources at the federal, state and local levels.
General Policy Statements:
• Support legislation and funding for the preservation and enhancement of the City's ability to generate and retain sales and use tax revenue, and local point -of -sale revenue allocations.
• Oppose legislation to reduce or remove tax-exempt status of municipal bonds. • Oppose legislation to alter the manner by which transient occupancy taxes are calculated and collected to the City's detriment.
7 • Support legislation and funding that preserves and enhances a positive business climate and maintains and grows the business tax base.
City -Specific Policy Statements:
• Resolution No. 91-26 — Support legislation that limits the ability to redistribute existing revenue sources amongst schools, cities, counties and special districts as a solution to address service levels.
• Resolution No. 95-90 — Support legislation that ensures the equitable distribution of sales tax revenue between the state and local government, specifically cities. • Resolution No. 96-62 — Oppose legislation that restricts cities from generating new development revenues and erodes revenue generation and taxing authority of local government.
• Resolution No. 02-26 — Oppose legislation limiting the ability of cities to decide how sales tax revenues are distributed for local vital and essential services, including police and fire protection, street repair and lighting, libraries, parks and other services. • Resolution No. 03-27 — Support legislation that preserves the ability to allocate revenue from the Indian Gaming Special Distribution Fund to local governments impacted by tribal gaming.
• Resolution Nos. 91-41, 03-137, 08-82 and 10-22 — Support legislation that requires voter approval before the state can appropriate local tax funds to fund state operations and responsibilities or outwardly prohibits the borrowing or taking of such funds. • Resolution No. 04-64 — Oppose legislation diluting the amount of funds to counties and cities to mitigate impacts from tribal gaming.
• Resolution Nos. 02-123 and 12-67 — Support legislation and funding that enhances or preserves current level of Vehicle License Fees (VLF) and protects VLF allocation to newly incorporated cities and cities with inhabited annexations that rely on VLF revenues. • Resolution No. 10-56 — Support legislation that provides tax benefits as an incentive for people to utilize public transit to commute to work.
• Resolution Nos. 11-15 and 12-26 — Support legislation and funding that provides alternatives to the dissolution of redevelopment agencies in California.
TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS
General Area of Review: Transportation, construction, telecommunications and general public works related areas.
General Policy Statements:
• Support legislation to ensure the City receives its fair share of transportation revenue and increase funding for local transportation and transit programs and projects. • Support legislation to protect dedicated transportation -related tax revenues and enhance the ability of local agencies to finance local transportation programs and facilities, including the gas tax and bond funds.
• Support legislation that gives priority to self-help and "super" self-help counties when allocating bond funding and other transportation funding mechanisms. • Support legislation to improve access and funding to public transportation. • Support legislation and funding mechanisms that support and encourage the use of transit and non -motorized transportation.
0 • Support legislation that enhances the safety of city streets and arterials for vehicular, bicycle, and pedestrian traffic.
• Support legislation that will reduce traffic congestion and support regional transportation programs.
• Support legislation and funding opportunities for upgrades and/or separations for at - grade crossings.
• Support legislation that increases local flexibility in the allocation of transportation capital funds.
• Support legislation that encourages the use of design -build methods to facilitate a faster, stream -lined approach to project delivery.
• Oppose legislation to eliminate or restrict the use of Riverside County State Improvement Transportation Funds, federal transportation funding, Measure A, or Gas Tax funding for local transportation projects
City -Specific Policy Statements:
• Resolution No. 90-56 — Support legislation that creates flexibility for the use of all available State revenues for the maintenance and improvement of highway and mass transit projects without reducing funds for other state programs. • Resolution No. 97-79 — Support legislation and funding that ensures trucks entering and traveling through California meet U.S. safety and environmental standards. • Resolution No. 99-66 — Support legislation to allow state and local government agencies to use private architects and engineers thereby supporting the Fair Competition and Taxpayer Savings Act.
• Resolution No. 04-23 — Oppose legislation that will limit or impose restrictions on the City compromising its ability to properly control, operate and maintain SR 79N and SR 79S. • Resolution No. 04-54 — Support legislation and funding for federal transportation infrastructure and programs. (2015 — Support SB 16 (Beall): Transportation Funding) • Resolution No. 04-127 — Support legislation and funding to improve local, state and federal infrastructure including highways, bridges, railways, transit systems, airports, harbors, water, and wastewater systems.
• Resolution 09-36 — Support legislation and funding for the Federal Safe Routes to School (SRTS) program pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act, including funding for crossing guards, engineering improvements around schools, traffic calming measures, improved street crossings, sidewalks, bike lanes, and walkways to create safer routes to school.
• Resolution No. 07-26 — Support legislation providing expedited review of projects by the Department of Transportation where local funds have been contributed towards a state highway project by local or regional agencies.
• Minute Order (3/25/14) — Support legislation and funding that provides for bicycle and pedestrian infrastructure.
0 Item No. 6
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 18, 2022
SUBJECT: Approve Annual Boards and Commissions Handbook for Calendar Year 2022 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council approve the annual boards and commissions handbook for calendar year 2022.
BACKGROUND: The City Council first approved the Boards and Commissions Handbook on February 26, 1991. The handbook is amended periodically to reflect noteworthy changes in law, current practices and procedures, and the general role and authority of board and commission members. The handbook is also brought to the City Council annually at the beginning of each year ensuring that the document remains current while providing the City Council with an opportunity to consider any additional changes that may be desired. The 2022 Boards and Commissions Handbook will be distributed electronically to the City Council, Board and Commission Members and staff after final approval by the City Council.
FISCAL IMPACT: None
ATTACHMENTS: Boards and Commissions Handbook
City of Temecula
Boards and Commissions
Handbook
Updated January 18, 2022
SECTION 1
TABLE OF CONTENTS
Section 1 ............................ Letter of Welcome Section 2 .............................. Role & Authority Section 3 ...................... Policies and Procedures Section 4 ......................Establishing Documents
Section 5 ...................... AB 1234 Ethics Training Section 6 .............. Statement of Economic Interest Section 7 ........ Summary of Conflict of Interest Laws Section 8 ................. Summary of Brown Act Laws
ectlon 9 ............Summary of Public Records Laws
Section 10 ............................... Resource List
City of Temecula
J
41000 Main Street • Temecula, CA 92590
Phone (951) 694-6444 • Fax (951 ) 694-6449 • www.cityoftemecula.org Dear Board or Commissioner Member:
On behalf of the City Council and the citizens of Temecula, welcome to your new or continuing role in the community. The City of Temecula is fortunate to have dedicated citizens like you who are willing to share their experience and knowledge through service on a City board or commission.
The mission statement for the City of Temecula reads as follows:
"The mission of the City of Temecula is to maintain a safe, secure, clean, healthy, and orderly community; to balance the utilization of open space, parks, trail facilities, quality jobs, public transportation, diverse housing, and adequate infrastructure; and to enhance and revitalize historic areas.
The City will encourage programs for all age groups, utilize its human resources, and preserve its natural resources while stimulating technology, promoting commerce, and utilizing sound fiscal policy.
It is the City Council's resolve that this mission will instill a sense of pride and accomplishment in its citizens and that the City will be known as a progressive, innovative, balanced, and environmentally sensitive community." As a board or commission member, you will play an important role in the achievement of this mission. Your ideas and advice on a variety of City issues will assist the City Council in fulfilling its responsibilities to our citizens. In addition, your service will give you an opportunity to increase your knowledge about municipal government operations and you will see the results of your work with fellow members put into action by the City Council, City Manager and City departments.
Thank you for accepting this responsibility and challenge. Your service to our community is greatly appreciated. We hope that you will find your service as a board or commission to be both enjoyable and rewarding.
Sincerely,
Rand, JD, MMC
Legislative Director / City Clerk
SECTION 2
THE ROLE AND AUTHORITY OF BOARD AND COMMISSION MEMBERS
The primary role of boards and commissions is to serve in an advisory capacity to the City Council on specified matters and encourage increased public input and participation in the local government decision -making process. Boards and commissions are not involved in the administration or operation of City departments and may not direct administrative staff to initiate programs, conduct major studies, and/or establish official policy without the approval of the City Council. City staff members are available to provide general staff assistance and support to boards and commissions.
While boards and commissions generally serve in an advisory capacity, the City Council may authorize certain boards or commissions to take final action in prescribed areas pursuant to statutory law. For example, the Planning Commission is authorized to grant final approval on certain projects while providing recommendations on others. In addition, staff may bring various projects to a board or commission for their review before taking the matter to the City Council forfinal approval.
Boards and commissions serve as the principal reviewing body for matters referred to them with final decision -making authority remaining with the City Council.
I. General Information About Becoming a Board or Commission Member Appointment and Removal
The Temecula Municipal Code sets forth the board and commission appointment and removal provisions. Appointments are subject to the approval of a majority of the City Council. A majority of the City Council may also remove an appointee for good cause. Board and commission members may be selected based on a variety of criteria and public presentation. The following guidelines may be used in the appointment of board and commission members:
Public application, presentation and selection process
Applications, letters of recommendation, and references Attendance records of incumbent board and commission members Members usually represent a cross-section of the community. No board or commission member shall be an employee of the City. Members may not serve on more than one board or commission at a time. General qualitative attributes of board and commission members include, but are not limited to, the following:
• Be an informed resident (knowledgeable about local affairs) • Have a good rapport with all segments of the community • Have a genuine concern for residents and the community as a whole • Be a good listener
• Be open and honest
• Relate well to others, including other board and commission members • Be accepting of decisions that are the will of the majority • Show respect for viewpoints other than your own
• Allow others adequate time to present their views before making comments • Welcome new members and help them become acquainted with their duties • Strive to minimize strife and polarization among members Orientation
Upon appointment to a board or commission, the City Clerk and/or City Attorney will provide a formalized orientation to include review of the Boards and Commissions Handbook, open meeting
laws and conflicts of interest. Orientation will also include administrative processing and a meeting with the City Manager or his/her designee. The corresponding department will conduct an orientation on the subject matter specific to each board or commission.
Attendance
Notwithstanding the differences in the subject matter jurisdiction of each board or commission, all members share some basic responsibilities. Meeting attendance is a fundamental responsibility. All members are expected to regularly attend their respective board or commission meetings. Three unexcused, consecutive absences constitute a vacancy of office.
Subject Matter Jurisdiction
Members must stay informed on subjects of interest to their specific board or commission. The City Council encourages and provides opportunities for continuing education to assist board and commission members in the conduct of their duties. The subject matter jurisdiction of each board and commission is as follows:
Old Town Local Review Board - The Old Town Local Review Board (OTLRB) reviews and makes recommendations on topics related to the Old Town Specific Plan, matters of historical significance and architectural themes in the historic district.
Community Services Commission - The Community Services Commission (CSC) reviews and makes recommendations on topics related to the Parks and Recreation Element of the General Plan and works to provide parks and recreation services and programs for the community.
Planning Commission - The Planning Commission (PC), serving as the designated statutory planning agency for the City of Temecula, reviews and makes recommendations on topics related to subdivisions, specific plans, zone changes, plot plans and conducts legally required public hearings.
Public/Traffic Safety Commission - The Public/Traffic Safety Commission (PTSC) reviews and makes recommendations on topics related to speed zones, stop signs, signals, pavement markings, traffic design and engineering.
Race, Equity, Diversity and Inclusion Commission - The Race, Equity, Diversity and Inclusion Commission (REDI) reviews and makes recommendations on topics of diversity and inclusion within City events, services, programs and policies and enhanced community relations.
Opportunities for Engagement
Board and commissioner members are encouraged to become acquainted with the City, its values, and operational structure. To obtain this knowledge, board and commission members are encouraged to do the following:
✓ Attend City Council Meetings
✓ Attend City -Sponsored Special Events
✓ Attend Other Board and Commission Meetings
✓ Meet with City Council Board and Commission Liaisons
✓ Meet with the City Manager, Executive Directors, and/or Other Staff Members ✓ Participate in Subcommittee Opportunities
✓ Participate in Annual Board and Commission Assessments and Joint Meetings Revised January 2022
II. General Information About Operating as a Board or Commission Board and Commission Organization and Meetings
All board and commission meetings shall be publicly noticed and conducted in the same manner as City Council meetings. Board and commission meeting agendas and minutes shall be created, approved and publicly retained in the same manner as those of the City Council. Guidance on these matters shall be provided by the City Clerk and City Attorney. Each board and commission shall annually elect a chairperson and vice -chairperson. The main responsibility of the chairperson shall be to run orderly and effective meetings ensuring that all voices are heard, including those of fellow board and commission members and the public. The chairperson will work with the corresponding department director and staff on agenda content and to ensure the meetings are conducted in an effective, efficient and inclusive manner.
Members should take particular care to comply with the open public meeting laws set forth in the Brown Act. While staff provides the appropriate notice and agendas for board and commission meetings, individual members must take care to not discuss City business with other board or commission members, either together or one at a time, outside of a properly noticed public meeting.
A summary of the major provisions and requirements of the Ralph M. Brown Act is included in this handbook.
City Council Liaisons and Joint Meetings
The City Council annually appoints one Council Member to serve as a liaison to each board and commission. The appointed member is available for individual consultations with that board or commission and may attend board or commission meetings. In addition, each board and commission shall meet jointly with the City Council annually at a regularly scheduled City Council meeting as follows:
1st Meeting in February — Planning Commission and Old Town Local Review Board 2nd Meeting in February — Public/Traffic Safety Commission 1st Meeting in March — Community Services Commission
2na Meeting in March — Race, Equity, Diversity and Inclusion Commission The annual joint meeting schedule may be adjusted from time to time depending upon the operational and organizational needs of the City and staff to include time sensitive items on the agenda. During the annual joint meeting, each board and commission shall provide an overview of the previous year highlights, anticipated activities for the upcoming year, and take further direction from the City Council as necessary.
In addition to the report at the annual joint meeting, board and commission members may present at City Council meetings providing a verbal report on the status of their respective board or commission as a routine item on the regular agenda.
Working with Staff and Fellow Members
Board and commission members are individually appointed by the City Council. City staff assigned to work with boards and commissions report to the City Manager, who in turn, reports to the City Council. A department director or administrator arranges staff support for each group. If a board or commission member wishes to initiate a project that requires in depth staff involvement, it is necessary for the project to be placed on the board or commission agenda for discussion and recommendation to the City Council so that the project may be authorized. Staff may begin preparing the necessary reports and studies after the City Council has authorized the project.
Providing in depth staff support may require operational adjustments. Members are encouraged to Revised January 2022
be cognizant of the time involved on the part of staff in preparing requested studies and reports.
With respect to general discussion at board and commission meetings, members should make every attempt to clarify differences and make certain that clear communication is taking place when recommendations are discussed and approved. If differences cannot be resolved, the Department Director, City Manager and/or Council Member serving as the Board or Commission Liaison may be consulted to resolve the matter.
Staff Reports to the City Council
On occasion, staff will be required to prepare an agenda report on a board or commission item for City Council review. The staff member should present both the staff position and the board or commission position in the report. The majority and minority viewpoints of the board or commission members should also be presented. It is the desire of the City Council to have an opportunity to hear and consider all sides of an issue and alternative recommendations to assist in their decision - making process.
Board and Commission Goals and Department Priorities
The City prepares an annual budget and operates on a fiscal year budget cycle. Boards and commissions are encouraged to annually review and comment on department programs and capital projects that may relate to their scope of interest. This evaluation is intended to focus attention on the overall department program and service priorities and board and commission objectives as opposed to departmental operations.
Public Hearinas
In some instances, boards or commissions will have to conduct a public hearing, either on a major issue of concern to the community, on a permit application, or on an appeal of a staff decision. Most board and commission actions and recommendations may be appealed or otherwise sent to the City Council for review and approval. Certain Planning Commission actions may be final with no right of appeal. Care must be taken in the maintenance of the official record of any proceeding. The procedure established by the City Attorney must be followed during the conduct of these hearings.
Legislative Positions
Boards and commissions may review and make recommendations on ballot proposals and legislation requested by the City Council. The City Council shall review all such recommendations.
Board or commission members shall only represent the majority position of the City Council on such matters unless speaking as an individual or indicating a minority opinion.
Legal Assistance
Some boards or commissions, such as the Planning Commission, may require the presence of a City Attorney. When there is doubt concerning the legality of an issue, the attorney will advise members on the proposed course of action. In the absence of an attorney, when there is doubt about the legality of a procedure, the board or commission should refrain from additional discussion and decision making until a legal opinion is rendered. If necessary, a hearing may be continued until matters can be clarified. In all cases, the direction of the City Attorney should be followed closely.
III. General Information About Personal Conduct as a Board or Commission Member Representation on Behalf of the City
Board and commission members must be cognizant of their presence and public stance as a representative of the City and the board or commission they serve. Members must refrain from presenting their personal views or recommendations as representing the board or commission Revised January 2022
unless such a body has voted to approve the action. When expressing views that the majority of the board or commission has not approved, members must indicate their opinion is that of a private individual. Personal opinions must be identified as such.
Public statements should not include promises or direction that may be construed to be binding on the board or commission, City Council, or City staff. When making a public statement, members should indicate that board and commission actions are advisory in nature and final action on the recommendations will be taken by the City Council.
Planning Commissioners should not express any views on projects that will come before them. The Planning Commission must provide legal due process for applicants which requires that commissioners not express any bias or views on a project until all of the information is presented at a public hearing and the applicant and public have expressed their views on the matter.
Board and commission members are empowered by appointment to represent the general interest of the City and the board or commission on which they serve. Representation in their appointed capacity does not include specific program areas and/or special interest groups they may be professionally and/or personally affiliated with.
Public Appearance Before a Legislative Body
If a board or commission member appears in a non -official, non -representative capacity before any public or private body, the member shall not identify or disclose membership on a City board or commission. If a question of membership arises, the member shall indicate that they are appealing and speaking as an individual. There are significant legal restrictions on the ability of a board or commission member to appear before any board or commission of the City, and particularly his or her own board or commission. The City Attorney should be consulted in advance of any such appearance.
Running for Elective Office While Appointed
Members shall be permitted to retain membership on their respective board or commission while seeking any elective office. Members of these bodies shall not, however, use the meetings, functions or activities of such bodies for purposes of campaigning for elective office. There are also significant conflict of interest rules relating to campaign contributions to a board or commission member who is running for elective office. Campaign contributions to board or commission members may be considered income and the conflict of interest rules apply to board or commission actions involving a campaign contributor. These rules are described in the Conflict of Interest Handbook and the City Attorney should be consulted if a member decides to run for elective office.
Revised January 2022
SECTION 3
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BOARDS AND COMMISSIONS
Purpose:
The City of Temecula currently has one board and four commissions. Various resolutions and the municipal code of the City of Temecula contain general provisions which govern the City's boards and commissions. The Planning Commission is also subject to statutory provisions pursuant to law. This document generally governs the City Clerk's office procedures regarding boards and commissions. A general description of the existing board and commissions is as follows:
Old Town Local Review Board
The Old Town Local Review Board (OTLRB) reviews and makes recommendations on topics related to the Old Town Specific Plan, matters of historical significance and architectural themes in the historic district. The Old Town Local Review Board meets the second Monday of each month at 9:00 a.m. in the Council Chambers at City Hall.
Community Services Commission
The Community Services Commission (CSC) reviews and makes recommendations on topics related to the Parks and Recreation Element of the General Plan and works to provide parks and recreation services and programs for the community. The Community Services Commission meets the second Monday of each month at 6:00 p.m. in the Council Chambers at City Hall.
Planning Commission
The Planning Commission (PC), serving as the designated statutory planning agency for the City of Temecula, reviews and makes recommendations on topics related to subdivisions, specific plans, zone changes, plot plans and conducts legally required public hearings. The Planning Commission meets the first and third Wednesday of each month at 6:00 p.m. in the Council Chambers at City Hall.
Public/Traffic Safety Commission
The Public/Traffic Safety Commission (PTSC) reviews and makes recommendations on topics related to speed zones, stop signs, signals, pavement markings, traffic design and engineering.
The Public/Traffic Safety Commission meets the fourth Thursday of each month at 6:00 p.m. in the Council Chambers at City Hall.
Race, Equity, Diversity and Inclusion Commission
The Race, Equity, Diversity and Inclusion Commission (REDI) reviews and make recommendations on topics of diversity and inclusion within City events, services, programs and policies and enhanced community relations. The Race, Equity, Diversity and Inclusion Commission meets the second Thursday of each month at 6:00 p.m. in the Council Chambers at City Hall.
APPOINTMENT OF BOARD AND COMMISSION MEMBERS
The City Council is the appointing body for the City's boards and commissions. When a vacancy occurs, whether it is by expiration of term, resignation or other circumstance, the City Council shall fill that vacancy through appointment. o Scheduled Vacancv - Prior to a board or commission term expiring, a notice shall be published in a local newspaper of general circulation and posted at the City's designated posting locations (Temecula Library, Chamber of Commerce and Civic Center) pursuant to the Government Code. In addition, the vacancy shall be advertised through a variety of methods (i.e., City website, PEG Channel, flyers in City Hall lobby and at City -affiliated events, email lists, Constant Contact, press releases, social media, etc.).
o Unscheduled Vacancv- In the event of an unscheduled vacancy, occurring by resignation or other circumstance, the "Special Notice of Vacancy" shall be immediately posted and published pursuant to Government Code 54974. In addition, the unscheduled vacancy shall be advertised utilizing the same methods as identified above for scheduled vacancies.
• Unless otherwise indicated, a vacancy shall be advertised for no less than sixty (60) days from the date of publication.
• If multiple vacancies occur on a board or commission within sixty (60) days of one another, the City Council may at its discretion consider those vacancies jointly without advertising again.
• The City Clerk shall provide incumbent commission member(s) with a notification advising of the upcoming expiration and inviting them to reapply. • All applicants will be advised that the appointment process is a public process subject to the Brown Act and Public Records Act.
• Applications will be electronically accessible through the City's website and will be processed as follows:
o Completed applications will be electronically accepted in a standardized manner by the City Clerk's office as Council directed, indicating interest in one or more board or commission. Completed applications include the application itself, along with any attachments (i.e., resume, letter of recommendation, etc.). o The City Clerk will provide a non -redacted set of qualified applications, with all attachments, to each council member electronically. Said applications shall be provided to the City Council for their review at least ten (10) days prior to the Council meeting at which an appointment will be considered. o Appointments shall be calendared as a business item at a regularly scheduled or special City Council meeting. At the Council meeting, candidates shall provide a five (5) minute presentation on why they wish to be appointed to the relevant board or commission. After questions and discussion, the Council shall indicate their preferences and make an appointment. A majority vote of the City Council is required for appointment.
2. ORIENTATION OF NEW BOARD OR COMMISSION MEMBERS
• Each new board or commission member shall receive a new member orientation. The orientation shall be coordinated through the City Clerk and include the following:
o City Manager / City Council — Welcome on Behalf of the City and City Council o City Clerk — General Review of Commission Handbook, Review and Completion of Statement of Economic Interests (Form 700), Review of AB 1234 Ethics Training Requirements
o Human Resources — Review and Completion of Personnel -Related Materials o IT — Issuance of Proximity Cards
o City Department for Board/Commission — Introduction to Relevant Staff Members, Overview of Meetings and Board/Commission Makeup, Review of Pending Topics that Fall Under the General Jurisdiction of the Specific Board or Commission
3. REMOVAL OF BOARD AND COMMISSION MEMBERS
• The City's Municipal Code, specifically Section 2.40.050, governs the removal process for any board or commission member and specifically states that a majority of the City Council may remove an appointee for good cause. Under Section 2.40.090, a position is declared vacant when a member is absent from three consecutive meetings without excuse.
4. ANNUAL POSTING OF COMMISSIONERS
Pursuant to Government Code Section 54972 (Maddy Act), on or before December 31 of each year, the City Clerk's office shall prepare and post the Local Appointments List. The list shall be posted on the City Hall posting board and on the City's website.
The list shall be updated to reflect new board and commission appointments as needed.
5. TRAINING FOR BOARD AND COMMISSION MEMBERS
The City Clerk shall coordinate a citywide boards and commissions training in conjunction with the City Council, City Manager, City Attorney and Department Directors who serve as liaisons to the respective boards and commissions as needed.
The training may cover a variety of topics, including but not limited to, the Commission Handbook, AB 1234 ethics training, conflicts of interest, Brown Act, and board and commission member roles. The training shall be noticed pursuant to the Brown Act.
6. JOINT MEETINGS AND RECOGNITION
Service recognitions for board and commission members will take place annually at the first regularly scheduled City Council meeting in January. Joint meetings of the City Council and each board and commission shall be held at the regularly scheduled City Council meetings in February and March. If desired, the City Clerk's office shall also coordinate an annual informal gathering of the board and commission members and City Council.
Procedure No.: 014
Last Revised: January 2022
SECTION 4
ORDINANCE NO. 89-13
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TEMECULA ESTABLISHING THE
PLANNING AGENCY
WHEREAS, the City of Temecula was incorporated on December 1, 1989 as a general law city in the State of California;
WHEREAS, it is necessary for the efficient operation of the affairs of the City that there be an interim Planning Commission;
WHEREAS, prior to incorporation, the Planning Agency as the County Planning Commission, except in certain minor land use matters where the Planning Director served as the Planning Agency;
WHEREAS, it is the intent of the City of Temecula to establish its own Planning Commission;
WHEREAS,until the City Council can select its own Planning Commission to serve, as its Planning Agency, it prefers to continue to use the services of the County Planning Commission, so long as no decision of the County Planning Director or County Planning Commission is final until it has been received and considered by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. An interim Planning Agency for the City of Temecula is hereby established.
The members of the Riverside County Planning Commission and the Riverside County Planning Director shall serve as the members of the interim Planning Agency pursuant to the functions granted to them under the County Ordinances, which the City as adopted by reference. The County Planning Commission and the County Planning Director shall continue these functions until the City Council has appointed a City Planning Commission.
Section 2. Notwithstanding Section 1 of this Ordinance, and any provisions of the County Ordinances to the contrary, notice of all decisions of the County Planning Director and the County Planning Commission shall be filed with the Clerk of the City Council, together with a repost of the proceedings, not more than fifteen (15) days after the decision. A copy of the Notice of Decision shall be mailed to Applicant and to any person who has made a written request for a copy of the decision. The City Clerk shall place the Notice of Decision on the next agenda of the Ords 89-13
City Council held five (5) or more days after the Clerk receives the Notice. The decision of the County Planning Director or the County Planning Commission is considered final, and no action by the City Council is required unless, within ten (10) days after the Notice of Decision appears on the Council's agenda, the Applicant or interested party files an appeal, accompanied by the fee set forth in the County Ordinances, with the Clerk of the Board of Supervisors, or unless the City Council assumes jurisdiction by ordering the matter set for public hearing.
Section 3. Ordinance No. 89-04 of the City of Temecula is hereby repealed..
Section 4. The City of Temecula was incorporated on December 1, 1989. Unless this Ordinance becomes effective immediately, there will be no effective means to administer the zoning and planning laws adopted by the City Council at its organizational meeting.
Administration of said laws by the local planning agency is necessary to protect the public peace, health and safety. This Ordinance is therefore necessary of the immediate preservation on the public peace, health and safety, and shall take effect immediately.
Section 5. The City Clerk shall certify to the adoption of this Ordinance and cause it to be posted in three designated posting places.
Section 6. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any - sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.
PASSED, APPROVED AND ADOPTED this 26th day of December, 1989.
Ronald J. Parks, Mayor
ATTEST:
F. D. Aleshire, City Clerk
[SEAL]
Ords 89-13
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, F. D. Aleshire, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 89-13 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 26th day of December, 1989, by the following roll call vote.
AYES: 4 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 1 COUNCILMEMBERS:
Ords 89-13
Birdsall, Moore„ Munoz,
Parks
None
Lindermans
�i
F. D. Aleshire, City Clerk
ORDINANCE NO. 92-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AMENDING CHAPTER 12.01 OF THE TEMECULA MUNICI-
PAL CODE RELATING TO THE ESTABLISHMENT OF A TEMECULA
PUBLIC/TRAFFIC SAFETY COMMISSION AND REPEALING CHAPTER
11.01 OF THE TEMECULA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Chapter 12.01 of the Temecula Municipal Code is hereby amended to read as follows:
"12.01.010 Public/Traffic Safety Commission Established. Pursuant to Section 2.06.010 of this Code, there is hereby created an advisory commission to the City Council which shall be known as the "Temecula Public/Traffic Safety Commission."
12.01.020 Commission Composition and Memhershi . The Public/Traffic Safety Commission shall consist of seven (7) Members appointed by the City Council pursuant to Section 2.06.050 of this Code. No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be members of such Commission.
12,01,030 Term of Office. Terms of office for Public/Traffic Safety Commissioners shall be three (3) years with staggered terms. Initially, all seven (7) members may be selected at once. In order to achieve staggered terms, three members shall be appointed for terms of three (3) years; two members for terms of two (2) years; and two members for terms of one (1) year, said terms to be determined by the drawing of lots. At the completion of any term, a Commission member may be reappointed pursuant to the procedures set forth in Section
2.06.050 of this Code.
12.01,040 Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary technical and clerical assistance to the Commission.
12.01,050 Time and Place of Meeting. The Public/Traffic Safety Commission shall establish a regular date, time, and place for Commission meetings, which shall be open to the public. Said meetings shall occur no less frequently than once a month. 12,01.060 Duties. The Public/Traffic Safety Commission shall advise the City Council on all matters subject to the jurisdiction of the Council pertaining to the public and Ord* 92-17
traffic safety. The duties of the Public/Traffic Safety Commission shall be established by Resolution of the City Council.
12,01,070 Public Hearings. Whenever the Commission determines, by a two-thirds (2/3's) majority of those Members present, that its deliberations with respect to a particular matter or matters would be substantially aided by the presentation of testimony from the citizens of the City, or of a certain area of the City, the Commission may direct a public hearing be held concerning such matter or matters. Notice of such a hearing shall be provided by publication in a newspaper of general circulation published in the City of Temecula, and/or by posting the same in at least three (3) public places, not later than seven (7) days prior to the date of the hearing. Such hearings shall be conducted in accordance with the rules established for the conduct of hearings before the City Council unless the Council, by Resolution, shall otherwise provide."
Section 2. Chapter 11.01 of the Temecula Municipal Code is hereby repealed.
Section 3. SEVERARnM. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.
Section 4. This Ordinance shall be in full force and effect thirty (30) days after its passage.
Section 5. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED AND ADOPTED this loth day of November, 1992.
Patricia H. Birdsall, Mayor
ATTEST:
[SEAL]
Ord@ 82-17
-- STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance No. 92-17 was duly introduced and placed upon it first reading at a regular meeting of the City Council on the 27th day of October, 1992, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the loth day of November, 1992, by the following roll call vote.
AYES:
4 COUNCILMEMBERS:
NOES:
0 COUNCILMEMBERS:
ABSENT:
1 COUNCILMEMBERS:
Ord. az-n 3
Lindemans, Munoz, Parks,
Birdsall
None
Moore
--Cn-
- Q" e S. Greek, City Clerk
1 ORDINANCE NO. 93-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 13.01 TO THE TEMECULA
MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF A
TEMECULA COMMUNITY SERVICES COMMISSION
WHEREAS, On April 24, 1990, the City Council of the City of Temecula adopted Ordinance 90-05, which added Chapter 13.01 to the Temecula Municipal Code establishing the Temecula Parks and Recreation Commission, and
WHEREAS, on February 2, 1993, after due consideration, the Temecula City Council accepted the recommendation of the Parks and Recreation Commission to officially change the name of said Parks and Recreation Commission to the Community Services Commission;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Chapter 13.01 of the Temecula Municipal Code is hereby amended as follows:
"13.01.010 Temecula Community Services Commission - Established. There is hereby established a Temecula Community Services Commission. 13,01.020 Time and place of meeting. The time and place of the meetings of the Temecula Community Services Commission shall be established by resolution of the Commission.
13.01.030 Duties. The duties of the Temecula Community Services Commission shall be established by resolution of the City Council." Section 2. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.
Section 3. This Ordinance shall be in full force and effect thirty (30) days after its passage.
210rds 63-06 11/'01196
Section 4. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED this 9th day March, 1993.
6p-
Sal M04 May r
ATTEST:
Greek, City Cle
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, California, DO HEREBY CERTIFY that the foregoing Ordinance No. 93-06 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 23rd day of February, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 9th day of March, 1993 by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Munoz
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Birdsall 4��t�
-2�•
Jun S Greek, City Clerk
210rds 93-06 10/30/96
RESOLUTION NO. 2020-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ESTABLISHING THE RACE, EQUITY,
DIVERSITY AND INCLUSION (REDI) COMMISSION
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Race Eguity, Diversity and Inclusion Commission Established. Pursuant to Section 2.40.010 of the Temecula Municipal Code, there is hereby created an advisory commission to the City Council which shall be known as the "Race, Equity, Diversity and Inclusion Commission."
Section 2. Commission Composition and Membership. The Race, Equity, Diversity and Inclusion Commission shall consist of seven (7) members appointed by the City Council pursuant to Section 2.40.020 of the Temecula Municipal Code. No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Commission.
Section 3. Term of Office. Terms of office for the Race, Equity, Diversity and Inclusion Commission shall be three (3) years with staggered terms. Initially, all seven (7) members may be +►" selected at once. In order to achieve staggered terms, three members shall be appointed for terms of three (3) years; two members for terms of two (2) years; and two members for terms of one (1) - year. Said terms shall be determined by a randomized drawing. At the completion of any term, a commission member may be reappointed pursuant to Temecula Municipal Code 2.40.060.
Section 4. A_nnointment, Removal and Vacancies. Members of the Race, Equity, Diversity and Inclusion Commission shall be appointed and removed in the same manner as other boards and commissions within the City pursuant to Temecula Municipal Code 2.40.050. Vacancies shall be filled pursuant to 2.40.070.
Section 5. Time and Place of Meeting. The Race, Equity, Diversity and Inclusion Commission shall meet regularly on the second Thursday of each month at 6 p.m. in the Council Chambers in City Hall located at 41000 Main Street, Temecula.
Section 6. Stipend. The Race, Equity, Diversity and Inclusion Commission shall receive the same stipend as the other boards and commissions pursuant to Temecula Municipal Code Section 2.40.100.
Section 7. Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary assistance to the commission similar to that of other boards and commissions within the City.
Section 8. Role and Purpose. Similar to other boards and commissions, with the exception of those with statutory responsibilities, the role of the Race, Equity, Diversity and Inclusion
Commission shall be advisory in nature, with legislative authority remaining with the City Council.
The commission shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and make recommendations. The commission shall work with and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council.
The purpose of the Race, Equity, Diversity and Inclusion Commission shall be as follows:
• Build Strong Relationships Around Issues of Diversity, Inclusion and Equity With the City Council, Commissions, Staff and Community
• Learn About Existing City Events, Services and Programs and Identify Opportunities for Further Diversity and Inclusion within the Same
• Serve as Ambassadors to Educate the Community About Opportunities Relatcd to Diversity and Inclusion within City Events, Services and Programs ■ Identify Opportunities for Enhanced Communication with All Residents, Including with Those of Various Race, Ethnic, Gender, Disability, Religious, and/or Cultural Backgrounds
• Identify Opportunities for Improved Outreach to All Residents on Various City Efforts and Initiatives
• Evaluate Policies Brought to the Commission for Consideration with an Equity Lens and Make Recommendations
Section 9. The City Clerk shall certify to the passage and adoption of this resolution PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25`h day of August, 2020.
M ann Edwards, Mayor Pro Tempore
ATTEST:
:--e �
Ran v , 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. 2020-59 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25`h day of August, 2020, by the following vote:
AYES: 4 COUNCIL MEMBERS: Edwards, Naggar, Rahn, Schwank NOES: 0 COUNCIL MEMBERS
ABSTAIN: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
I
I
None
None
None
Randi Johl, City Clerk
3 SECTION .5
INSTITUTE FOR
LOCAL GOVERNMENT
FOUNDED 1955
PUBLIC SERVICE ETHICS
State Ethics Training Requirements
For Local Officials:
Frequently Asked Questions (FAQs)
9104112 Edition
Overview of Requirement
1. What requirements does AB 1234 create regarding ethics training for local officials?
The basic thrust of AB 1234 is to require covered officials (see next question) to take two hours of training in ethics principles and laws every two years.1 Who's Covered
2. Who must receive mandatory ethics training?
Basically the requirement applies to those elected or appointed officials who are compensated for their service or reimbursed for their expenses.2 The specific trigger for this requirement is whether the agency either compensates or reimburses expenses for members of any of its Brown Act covered bodies; if it does, then all elected and appointed "local agency officials" (as defined) must receive this training.3 "Local agency official" means any member of a legislative body or any elected local agency official who receives compensation or expense reimbursement.4
"Local agency" means "a city, county, city and county, charter city, charter county, charter city and county, or special district."5 Thus the training requirement does not include agencies on which local officials serve (for example, redevelopment agency governing boards or joint powers agencies), although many such officials will likely be covered by virtue of their status with cities, counties and special districts. Note that it also does not include school districts.
Note that local agencies also have the option of requiring certain employees to receive this training.6
1400 K Street, Suite 205 • Sacramento, CA 95814 • 916.658.8208 F 916.444.7535 • www.ca-ilg.org
State Ethics Training Requirements
For Local Officials: FAQs September 2012
I What if an agency has a number of board members and
commissioners who could theoretically get reimbursed for such expenses but as a practical matter haven't been for a long time?
Determining whether such officials should receive such training involves a judgment call in consultation with one's agency attorney. Some agencies are rethinking whether they want to reimburse the members of all their commissioners and board members or be more selective.
Another consideration is whether the nature of such officials' duties are such that the official would benefit from such training and the agency would benefit from having this official be trained (in terms of reducing the likelihood of missteps).
Another approach is for an agency to identify all commissioners and board members that have been reimbursed and/or compensated in the past year and notify them of their need to receive training. For others who haven't been reimbursed and/or compensated, the expense reimbursement forms required by AB 12347 could include an advisory which alerts board members and commissioners of the need to get training if they are seeking reimbursement for expenses.
4. What about those who serve on multiple local agency bodies? The official only has to satisfy the requirement once (within one year of taking office and every two years after that). s
Institute for Local Government www.ca-ilg.org 2
State Ethics Training Requirements
For Local Officials: FAQs September 2012
5. Can AB 1234's ethics training requirements
constitutionally apply to charter cities?
Many city attorneys are not convinced that AB 1234 contains the necessary findings to make it applicable to charter cities, although the bill purports to apply to charter cities by including charter cities within the definition of local agency.9 However, a number of charter cities already have such training programs and/or think they would be helpful and hence, are voluntarily complying with the spirit of AB 1234. Such an approach may reflect well on a city and city officials should the local media inquire about city officials' compliance with AB 1234.
Timing and Deadline Issues
6. By when must an official receive such training and how often again after that?
Officials in Service as of January 1, 2006. Except for officials whose term of office ends before January 1, 2007, those in office on January 1, 2006 must receive the training before January 1, 2007.10 After that, they must receive the training at least once every two years. 11 Officials whose term of office ends before January 9, 2007 were excused.12 Those Beginning Service After January 1, 2006. Those who enter office after January 1, 2006 must receive the training within a year of starting their service. They must then receive the training every two years after that. 13
Reasonable attorneys disagree how the "every two years" requirement should be interpreted. One interpretation would be that, if an official received the required training on May 15, 2011, the official would need to receive training again on or before May 14, 2013. Another would be that this same official satisfied the requirement in 2011 and needs to again satisfy the requirement in 2013.
Institute for Local Government www.ca-ilg.org 3
State Ethics Training Requirements
For Local Officials: FAQs September 2012
Compliance and Enforcement
7. How do officials demonstrate compliance with the
mandatory ethics requirements?
When local agency officials receive the training, they will be given proof of participation.14 Copies of these certificates must be provided to the agency's custodian of records and maintained as public records subject to disclosure to the media, the public and others for at least five years.15
8. What is the enforcement mechanism to assure that local officials receive such training?
The new law is directory; there is no specific penalty for failing to complete the required training.16 Presumably there will be a periodic public records requests by the media, candidates and others to verify which officials have and have not met the requirements. 17
Local agencies are using a variety of techniques to encourage compliance.
Options include:
1. Circulate a List of Complying and Non -complying Officials within the Agency. Putting who has (and who has not) complied in writing along with a reminder that the agency is expecting media and other inquiries may be one way to encourage compliance. This list can be circulated to officials with a thank you to those who have satisfied the requirement and a list of options for compliance for those who have not.
2. Create a Financial Penalty. Another option for encouraging compliance is to adopt a policy that officials who have not complied with their AB 1234 training requirements will not be eligible to have their expenses reimbursed.
3. Make Compliance a Condition of Agency Service for Appointees. In situations where the non -compliant official is an appointee, a local policy could provide the appointment be either rescinded or that the non- complying individual is ineligible for re -appointment.
4. Post Certificates on Agency's Website. The agency can post scans of those within the agency who have complied with the requirement, which also lets the media and the public know how the official satisfied the training.
Institute for Local Government www.ca-ilg.org 4
State Ethics Training Requirements
For Local Officials: FAQs September 2012
Content Issues, Options for Satisfying the Requirement and Trainer Qualifications
9. Where can local officials get this training?
Local agencies must provide covered officials with a list of options for satisfying this requirement at least once a year.18 The training can occur in -person, online or on a self -study basis (read materials and take a test).19 Agencies are not required to provide the training themselves, although a number may choose to do so.
A variety of organizations offer such training (including law firms and nonprofit organizations). In addition, there are self -study materials available from the Institute for Local Government's website ( www.ca-ilg.org/AB 1234compliance) as well as a free online course at http://localethics.fppc.ca.gov or http://www.localethics.fppc.ca.gov that the Institute developed in collaboration with the FPPC.
The Institute also has materials for in-house counsel and others who are interested in offering such training.
10. How do people or organizations become certified as AB 1234 ethics trainers?
Strictly speaking, they don't. The Attorney General and FPPC have adopted guidelines for course curriculum accuracy and sufficiency, but there is no trainer - certification requirement.20
The Attorney General's guidelines require that the ethics law portion of AB 1234 training be given only by attorneys licensed to practice law in California and knowledgeable about California's ethics laws.
11. What issues must AB 1234 ethics training programs
address?
The training must cover general ethics principles relating to public service and ethics laws.21 "Ethics laws" are defined as including:::
Laws relating to personal financial gain by public officials (including bribery and conflict of interest laws);
• Laws relating to office -holder perks, including gifts and travel restrictions, personal and political use of public resources and prohibitions against gifts of public funds;
Institute for Local Government www.ca-ilg.org 5
State Ethics Training Requirements
For Local Officials: FAQs September 2012
Governmental transparency laws, including financial disclosure requirements and open government laws (the Brown Act and Public Records Act);
Law relating to fair processes, including fair contracting requirements, common law bias requirements and due process.
The Institute has materials to address these issues. The ILG resources can be found at www.ca-ilg.org/AB 1234compliance.
Given the breadth of the subjects that need to be covered, the goal of the training cannot be to teach local officials the law in each of these areas. Instead the goal needs to be to acquaint local officials with the fact that there are laws that govern their behavior in each of these areas, to motivate officials to comply with such laws (among other things by explaining the consequences of missteps) and to alert them on when they need to seek the advice of qualified legal counsel when issues arise with respect to such laws.
Note that the Attorney General's Guidelines allow those who have taken the initial overview course to go deeper into certain aspects of ethics law in subsequent compliance efforts. 23
12. Can I get State Bar minimum continuing legal education (MCLE) credit for attending AB 1234 training?
Yes. AB 1234 training is eligible for MCLE participatory credit,24 provided the training complies with MCLE requirements. It is not, however, eligible for MCLE legal ethics credit.zs
Brown Act Compliance
13. Must an AB 1234 training session that will be attended by a quorum of a legislative body comply with the Brown Act? The consensus appears to be that the Brown Act applies and therefore, the meeting must be open to the public and properly noticed.
The Brown Act requires regular "meetings" of "legislative bodies" of local public agencies be open and public.26 A "meeting" is "any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains."27 Theoretically, it is possible for a majority of the members of a legislative body to attend an AB 1234 training session without triggering the Brown Act provided that they neither hear Institute for Local Government www.ca-ilg.org 6
State Ethics Training Requirements
For Local Officials: FAQs
2012
nor discuss any topic that arguably comes within the legislative body's subject matter jurisdiction.
The goal of AB 1234 training, however, is to acquaint local officials with the laws that govern their behavior and motivate them to comply with such laws. In light of this goal, it is highly likely that training attendees will ask questions related to matters within the legislative body's subject matter jurisdiction. Accordingly, the Institute believes that the best course of action is to comply with the Brown Act.
Note that AB 1234 training that occurs at conference sessions are subject to the conference session exception to the Brown Act. 28
G:\INSTITUTE\Ethics\AB 1234 Ethics Programs and Certification\FAQs\State Ethics Training FAQs10-4.doc ' Cal. Gov't Code § 53235(a), (b).
2 The language is potentially confusing on this point. The new law says that if a local agency provides any type of compensation or reimbursement for members of its legislative bodies, then all "local agency officials" must receive training. See Cal. Gov't Code § 53235(a). But the definition of "local agency official" means "any member of a local agency legislative body or any elected official who receives any type of compensation ...or reimbursement for actual and necessary expenses incurred in the performance of official duties." See Cal. Gov't Code § 53234(c)(1). 3 Cal. Gov't Code § 53235(a) ("If a local agency provides any type of compensation, salary, or stipend to a member of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, then all local agency officials shall receive training in ethics pursuant to this article"); § 53234(a) (defining legislative body by reference to the Brown Act, Government Code section 54952).
4 Cal. Gov't Code § 53234(c)(1).
5 Cal. Gov't Code § 53234(b).
6 Cal. Gov't Code § 53234(c)(2).
7 Cal. Gov't Code § 532323(a).
S See Cal. Gov't Code § 53235.1(c).
9 Cal. Gov't Code § 53234(b).
10 See Cal. Gov't Code § 53235.1(a).
" See Cal. Gov't Code § 53235.1(a).
12 Cal. Gov't Code § 53235.1(a).
13 See Cal. Gov't Code § 53235.1(b). The law requires that subsequent training occur at least once every two years." Some agencies interpret this to mean that training may occur in successive two year periods, not necessarily before the two year anniversary of the last training. This is an area where substantial compliance based on the spirit of the law should be sufficient. 14 Cal. Gov't Code § 53235.1(e).
15 Cal. Gov't Code § 53235.2.
16 Cal. Gov't Code § 53235.2.
'7 Note: in addition to maintaining records on compliance with the minimum standards imposed by AB 1234, local agencies may also want to maintain records of any additional training local agency officials received. This will enable those inquiring to ascertain the agency's and individual's full scope of commitment to understanding the ethical and legal obligations associated with public service. '8 Cal. Gov't Code § 53235(f).
19 Cal. Gov't Code § 53235(d).
20 See Cal. Gov't Code § 53235(c). The FPPC adopted it's guidelines as a regulation20 and the Attorney General issued General Guidelines on Course Accuracy and Sufficiency, which are available on the Department of Justice website: http:Hcaag.state.ca.us/ethics/eth loc guide_final.pdf. A summary of the state's guidelines for training is also available at www.ca-iliz.org/AB1234compliance .
Institute for Local Government www.ca-ilg.org 7
State Ethics Training Requirements
For Local Officials: FAQs
2012
21 Cal. Gov't Code § 53235(b).
22 Cal. Gov't Code § 53234(d).
23 See Attorney General Guidelines, bottom of page 3, available at http://oag.ca.gov/sites/all/files/pdfs/ethics/eth loc guide final.pdfl 24 State Bar's response to an inquiry by the Institute, November 6, 2006. 25 id.
26 Cal. Gov't Code § 54953.
27 Cal. Gov't Code § 54952.2 (emphasis added).
28 Cal. Gov't Code § 54952.2(c)(2) (Conference must be open to the public and attendees must be mindful of restrictions on discussing items with colleagues).
Institute for Local Government www.ca-ilg.org 8
SECTION 6
2020-2021
Statement of
Economic Interests
Form 700
A Public Document
Table of Contents
Quick Start Guide .................................................... p.2
Who? Where? How? When? .................................... p.3
Types of Statements ................................................. p.4
Cover Page and Schedules
CoverPage ........................................................ p.5
Schedule A-1 (Investments) ............................... p.7
Schedule A-2 (Business Entities/Trusts) ............
p.9
Schedule B (Real Property) ............................... p.11
Schedule C (Income).........................................p.13 Schedule D (Gifts)..............................................p.15 Schedule E (Travel Payments) ...........................p.17 Restrictions and Prohibitions....................................p.19 Q&A........................................................................p.20 Helpful Resources
• Video Tutorials
• Reference Pamphlet
• Excel Version
• FAQs
• Gift and Travel Fact
Sheet for State and
Local Officials
California Fair Political Practices Commission
1102 Q Street, Suite 3000 • Sacramento, CA 95811
Email Advice: [email protected]
Toll -free advice line: 1 (866) ASK-FPPC • 1 (866) 275-3772 Telephone: (916) 322-5660 • Website: www.fppc.ca.gov
December 2020
Quick Start Guide
Detailed instructions begin on page 3.
WHEN IS THE ANNUAL STATEMENT DUE?
• March 1 — Elected State Officers, Judges and Court Commissioners, State Board and Commission members listed in Government Code Section 87200
• April 1 — Most other filers
WHERE DO I FILE?
Most people file the Form 700 with their agency. If you're not sure where to file your Form 700, contact your filing officer or the person who asked you to complete it.
ITEMS TO NOTE!
• The Form 700 is a public document.
• Only filers serving in active military duty may receive an extension on the filing deadline. • You must also report interests held by your spouse or registered domestic partner. • Your agency's conflict of interest code will help you to complete the Form 700. You are encouraged to get your conflict of interest code from the person who asked you to complete the Form 700.
NOTHING TO REPORT?
Mark the "No reportable interests" box on Part 4 of the Cover Page, and submit only the signed Cover Page.
Please review each schedule carefully!
Common
Common
Schedule
Reportable Interests
Non -Reportable Interests
A-1:
Stocks, including those held in an IRA
Insurance policies, government bonds, diversified
Investments
or 401 K. Each stock must be listed.
mutual funds, funds similar to diversified mutual
funds.
A-2:
Business entities, sole proprietorships,
Savings and checking accounts, and annuities.
Business
partnerships, LLCs, corporations and
Entitites/Trusts
trusts. (e.g., Form 1099 filers).
B:
Rental property in filer's jurisdiction, or
A residence used exclusively as a personal
Real Property
within two miles of the boundaries of
residence (such as a home or vacation property).
the jurisdiction.
C:
Non -governmental salaries. Note that
Governmental salary (from school district, for
Income
filers are required to report only half of
example).
their spouse's or partner's salary.
D:
Gifts from businesses, vendors, or
Gifts from family members.
Gifts
other contractors (meals, tickets, etc.).
E:
Travel payments from third parties (not
Travel paid by your government agency.
Travel
your employer).
Payments
Note: Like reportable interests, non -reportable interests may also create conflicts of interest and could be grounds for disqualification from certain decisions.
QUESTIONS?
• [email protected]
• (866) 275-3772 Mon-Thurs, 9-11:30 a.m.
E-FILING ISSUES?
If using your agency's system, please contact technical support at your agency.
If using FPPC's e-filing system, write to [email protected].
FPPC Form 700 (2020/2021)
[email protected] • 866-275-3772 • www..ca.gov
Page - 2
W4x'4 New
Gift Limit Increase
The gift limit increased to $520 for calendar years 2021 and 2022. The gift limit in 2020 was $500.
W4 must file:
• Elected and appointed officials and candidates listed in Government Code Section 87200
• Employees, appointed officials, and consultants filing pursuant to a conflict of interest code ("code filers").
Obtain your disclosure categories, which describe
the interests you must report, from your agency;
they are not part of the Form 700
• Candidates running for local elective offices that are designated in a conflict of interest code (e.g., county sheriffs, city clerks, school board trustees, and water board members)
Exception:
• Candidates for a county central committee are not
required to file the Form 700.
• Members of newly created boards and
commissions not yet covered under a conflict of
interest code
• Employees in newly created positions of existing
agencies
For more information, see Reference Pamphlet, page 3, at www.fppc.ca.gov .
W4u to file:
87200 Filers
State offices
Z
Your agency
Judicial offices
Z
The clerk of your court
Retired Judges
Z
Directly with FPPC
County offices
Z
Your county filing official
City offices
Z
Your city clerk
Multi -County offices
Z
Your agency
Code Filers — State and Local Officials, Employees,
and Consultants Designated in a Conflict of Interest
Code: File with your agency, board, or commission unless otherwise specified in your agency's code (e.g., Legislative staff files directly with FPPC). In most cases, the agency, board, or commission will retain the statements.
Members of Boards and Commissions of Newly
Created Agencies: File with your newly created agency
or with your agency's code reviewing body.
Employees in Newly Created Positions of Existing
Agencies: File with your agency or with your agency's
code reviewing body. (See Reference Pamphlet, page 3.)
Candidates: File with your local elections office
Raw to file:
The Form 700 is available at www.fppc.ca.gov . Form
700 schedules are also available in Excel format. All
statements must have an original "wet" signature or be
duly authorized by your filing officer to file electronically under Government Code Section 87500.2.
WPi. to file:
Annual Statements
:) March 1, 2021
- Elected State Officers
- Judges and Court Commissioners
- State Board and State Commission Members listed
in Government Code Section 87200
:Z April 1, 2021
- Most other filers
Individuals filing under conflict of interest codes in city and county jurisdictions should verify the annual filing date with their local filing officers.
Statements postmarked by the filing deadline are
considered filed on time.
Statements of 30 pages or less may be emailed or faxed by the deadline as long as the originally signed paper version is sent by first class mail to the filing official within 24 hours.
Assuming Office and Leaving Office Statements
Most filers file within 30 days of assuming or leaving office or within 30 days of the effective date of a newly adopted or amended conflict of interest code.
Exception:
If you assumed office between October 1, 2020, and
December 31, 2020, and filed an assuming office
statement, you are not required to file an annual statement until March 1, 2022, or April 1, 2022, whichever is
applicable. The annual statement will cover the day after you assumed office through December 31, 2021. (See
Reference Pamphlet, page 6, for additional exceptions.
Candidate Statements
File no later than the final filing date for the declaration of candidacy or nomination documents. A candidate
statement is not required if you filed an assuming office or annual statement for the same jurisdiction within 60 days before filing a declaration of candidacy or other nomination documents.
Late Statements
There is no provision for filing deadline extensions unless the filer is serving in active military duty. (See page 19 for information on penalties and fines.)
Amendments
Statements may be amended at any time. You are only
required to amend the schedule that needs to be revised.
It is not necessary to amend the entire filed form. Obtain amendment schedules at www.fppc.ca.gov .
FPPC Form 700 (2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 3
Types of Statements
Assuming Office Statement:
If you are a newly appointed official or are newly employed in a position designated, or that will be designated, in a state or local agency's conflict of interest code, your assuming office date is the date you were sworn in or
otherwise authorized to serve in the position. If you are a newly elected official, your assuming office date is the date you were sworn in.
Report: Investments, interests in real property, and
business positions held on the date you assumed the
office or position must be reported. In addition, income (including loans, gifts, and travel payments) received
during the 12 months prior to the date you assumed the
office or position.
For positions subject to confirmation by the State Senate or the Commission on Judicial Appointments, your
assuming office date is the date you were appointed or
nominated to the position.
• Example: Maria Lopez was nominated by the Governor
to serve on a state agency board that is subject to state Senate confirmation. The assuming office date is the
date Maria's nomination is submitted to the Senate.
Maria must report investments, interests in real
property, and business positions she holds on that date, and income (including loans, gifts, and travel payments) received during the 12 months prior to that date.
If your office or position has been added to a newly
adopted or newly amended conflict of interest code, use the effective date of the code or amendment, whichever is applicable.
Report: Investments, interests in real property, and
business positions held on the effective date of the
code or amendment must be reported. In addition,
income (including loans, gifts, and travel payments)
received during the 12 months prior to the effective date of the code or amendment.
Annual Statement:
Generally, the period covered is January 1, 2020,
through December 31, 2020. If the period covered by
the statement is different than January 1, 2020, through December 31, 2020, (for example, you assumed office
between October 1, 2019, and December 31, 2019 or you
are combining statements), you must specify the period
covered.
Investments, interests in real property, business
positions held, and income (including loans, gifts, and travel payments) received during the period covered
by the statement must be reported. Do not change the
preprinted dates on Schedules A-1, A-2, and B unless
you are required to report the acquisition or disposition of an interest that did not occur in 2020.
• If your disclosure category changes during a reporting period, disclose under the old category until the
effective date of the conflict of interest code amendment and disclose under the new disclosure category through
the end of the reporting period.
Leaving Office Statement:
Generally, the period covered is January 1, 2020,
through the date you stopped performing the duties of
your position. If the period covered differs from January 1, 2020, through the date you stopped performing the
duties of your position (for example, you assumed office between October 1, 2019, and December 31, 2019, or
you are combining statements), the period covered must
be specified. The reporting period can cover parts of two calendar years.
Report: Investments, interests in real property, business positions held, and income (including loans, gifts, and travel payments) received during the period covered by
the statement. Do not change the preprinted dates on
Schedules A-1, A-2, and B unless you are required to
report the acquisition or disposition of an interest that did not occur in 2020.
Candidate Statement:
If you are filing a statement in connection with your
candidacy for state or local office, investments, interests in real property, and business positions held on the date of filing your declaration of candidacy must be reported.
In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the date of filing your declaration of candidacy is reportable. Do not change the preprinted dates on Schedules A-1, A-2, and B.
Candidates running for local elective offices (e.g., county sheriffs, city clerks, school board trustees, or water
district board members) must file candidate statements, as required by the conflict of interest code for the elected position. The code may be obtained from the agency of
the elected position.
Amendments:
If you discover errors or omissions on any statement, file an amendment as soon as possible. You are only required to amend the schedule that needs to be revised; it is not necessary to refile the entire form. Obtain amendment
schedules from the FPPC website at www.fppc.ca.gov .
Note: Once you file your statement, you may not withdraw it. All changes must be noted on amendment schedules.
FPPC Form 700 (2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 4
Please type or print in ink.
NAME OF FILER (LAST)
1. Office, Agency, or Court
Agency Name (Do not use acronyms)
Division, Board, Department, District, if applicable
STATEMENT OF ECONOMIC INTERESTS Date Initial Filing Received COVER PAGE Filing Official Use Only
A PUBLIC DOCUMENT
(FIRST)
Your Position
► IT Ming Tor multiple positions, IISt Delow or on an attacnment. (uo not use acronyms) Agency: Position:
2. Jurisdiction of Office (Check at least one box)
❑ State
❑ Multi -County
❑ City of
(MIDDLE)
❑ Judge, Retired Judge, Pro Tern Judge, or Court Commissioner (Statewide Jurisdiction)
❑ County of
❑ Other
3. Type of Statement (Check at least one box)
❑ Annual: The period covered is January 1, 2020, through ❑ Leaving Office: Date Left -or-
December 31, 2020. (Check one circle.)
The period covered is through O The period covered is January 1, 2020, through the date of December 31, 2020. -or- leaving office.
❑ Assuming Office: Date assumed O The period covered is through the date of leaving office.
❑ Candidate: Date of Election and office sought, if different than Part 1:
'4. Schedule Summary (must complete) ► Total number of pages including this cover page: ' ' Schedules attached '
❑ Schedule A-1 - Investments — schedule attached ❑ Schedule C - Income, Loans, & Business Positions — schedule attached ' ❑ Schedule A-2 -Investments —schedule attached ❑ Schedule D - Income — Gifts — schedule attached ' ❑ Schedule B - Real Property — schedule attached ❑ Schedule E - Income — Gifts — Travel Payments — schedule attached -Or- ❑ None - No reportable interests on any schedule
5. Verification
MAILING ADDRESS STREET CITY
(Business or Agency Address Recommended - Public Document)
DAYTIME TELEPHONE NUMBER EMAIL ADDRESS
( )
STATE ZIP CODE
I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the information contained herein and in any attached schedules is true and complete. I acknowledge this is a public document.
I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date Signed Signature
(month, day, year) (File the originally signed paper statement with your filing official.) FPPC Form 700 - Cover Page (2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 5
Instructions
Cover Page
Enter your name, mailing address, and daytime telephone number in the spaces provided. Because the Form 700 is
a public document, you may list your business/office
address instead of your home address.
Part 1. Office, Agency, or Court
• Enter the name of the office sought or held, or the agency or court. Consultants must enter the public agency name rather than their private firm's name. (Examples: State Assembly; Board of Supervisors; Office of the Mayor;
Department of Finance; Hope County Superior Court)
• Indicate the name of your division, board, or district, if applicable. (Examples: Division of Waste Management;
Board of Accountancy; District 45). Do not use acronyms. • Enter your position title. (Examples: Director; Chief Counsel; City Council Member; Staff Services Analyst)
• If you hold multiple positions (i.e., a city council member who also is a member of a county board or commission),
you may be required to file statements with each agency.
To simplify your filing obligations, you may complete an expanded statement.
To do this, enter the name of the other agency(ies)
with which you are required to file and your position
title(s) in the space provided. Do not use acronyms.
Attach an additional sheet if necessary. Complete
one statement covering the disclosure requirements
for all positions. Each copy must contain an original
signature. Therefore, before signing the statement,
make a copy for each agency. Sign each copy with an
original signature and file with each agency.
If you assume or leave a position after a filing deadline, you must complete a separate statement. For example, a
city council member who assumes a position with a county special district after the April annual filing deadline must file a separate assuming office statement. In subsequent years, the city council member may expand his or her annual filing to include both positions.
Example:
Brian Bourne is a city council member for the City of Lincoln and a board member for the Camp Far West Irrigation
District — a multi -county agency that covers Placer and Yuba counties. Brian will complete one Form 700 using full disclosure (as required for the city position) and covering interests in both Placer and Yuba counties (as required for the multi -county position) and list both positions on the Cover Page. Before signing the statement, Brian will make a copy and sign both statements. One statement will be filed with City of Lincoln and the other will be filed with Camp Far West Irrigation District. Both will contain an original signature.
Part 2. Jurisdiction of Office
• Check the box indicating the jurisdiction of your agency and, if applicable, identify the jurisdiction. Judges, judicial candidates, and court commissioners have statewide
jurisdiction. All other filers should review the Reference Pamphlet, page 13, to determine their jurisdiction.
• If your agency is a multi -county office, list each county in which your agency has jurisdiction.
• If your agency is not a state office, court, county office, city office, or multi -county office (e.g., school districts, special districts and JPAs), check the "other" box and enter the county or city in which the agency has jurisdiction.
Example:
This filer is a member of a water district board with jurisdiction in portions of Yuba and Sutter Counties.
1. Office, Agency, or Court
Agency Name (Do not use acronyms)
Feather River Irrigation District
Division, Board, Department, District, if applicable
Your Position
N/A
Board Member
• If fling for multiple positions, list below or on an attachment (Do not use acronyms)
Agency. N/4
Position:
2. Jurisdiction of Office (Check at feast one box)
State
Judge or Court Commissioner (Statewide Jurisdiction)
0 Multi County Yuba & Sutter Counties
County of
[] City of
Other
Part 3. Type of Statement
Check at least one box. The period covered by a statement is determined by the type of statement you are filing. If you are completing a 2020 annual statement, do not change the pre-printed dates to reflect 2021. Your annual statement is used for reporting the previous year's economic interests.
Economic interests for your annual filing covering January 1, 2021, through December 31, 2021, will be disclosed on your statement filed in 2022. See Reference Pamphlet, page 4.
Combining Statements: Certain types of statements may be combined. For example, if you leave office after January 1, but before the deadline for filing your annual statement, you may combine your annual and leaving office statements. File by the earliest deadline. Consult your filing officer or the FPPC.
Part 4. Schedule Summary
• Complete the Schedule Summary after you have reviewed each schedule to determine if you have reportable
interests.
• Enter the total number of completed pages including the cover page and either check the box for each schedule you use to disclose interests; or if you have nothing to disclose on any schedule, check the "No reportable interests" box.
Please do not attach any blank schedules.
Part 5. Verification
Complete the verification by signing the statement and
entering the date signed. All statements must have an original "wet" signature or be duly authorized by your filing officer to file electronically under Government Code Section 87500.2.
When you sign your statement, you are stating, under
penalty of perjury, that it is true and correct. Only the filer has authority to sign the statement. An unsigned statement is not considered filed and you may be subject to late filing penalties.
FPPC Form 700 - Cover Page (2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 6
SCHEDULE A-1
Investments
Stocks, Bonds, and Other Interests
(Ownership Interest is Less Than 10%)
Investments must be itemized.
Do not attach brokerage or financial statements.
► NAME OF BUSINESS ENTITY
GENERAL DESCRIPTION OF THIS BUSINESS
FAIR MARKET VALUE
❑ $2,000 - $10,000 ❑ $10,001 - $100,000
❑ $100,001 - $1,000,000 Over $1,000,000
NATURE OF INVESTMENT
❑ Stock ❑ Other
(Describe)
❑ Partnership Q Income Received of $0 - $499
Q Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE:
/ /20 /20
ACQUIRED DISPOSED
► NAME OF BUSINESS ENTITY
GENERAL DESCRIPTION OF THIS BUSINESS
FAIR MARKET VALUE
❑ $2,000 - $10,000 ❑ $10,001 - $100,000
❑ $100,001 - $1,000,000 ❑ Over $1,000,000
NATURE OF INVESTMENT
❑ Stock ❑ Other
(Describe)
❑ Partnership Q Income Received of $0 - $499
Q Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE:
/ /20 /20
ACQUIRED DISPOSED
► NAME OF BUSINESS ENTITY
GENERAL DESCRIPTION OF THIS BUSINESS
FAIR MARKET VALUE
❑ $2,000 - $10,000 ❑ $10,001 - $100,000
❑ $100,001 - $1,000,000 ❑ Over $1,000,000
NATURE OF INVESTMENT
Stock Other
(Describe)
❑ Partnership Q Income Received of $0 - $499
Q Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE:
�/Z /20
ACQUIRED DISPOSED
Comments:
► NAME OF BUSINESS ENTITY
GENERAL DESCRIPTION OF THIS BUSINESS
FAIR MARKET VALUE
❑ $2,000 - $10,000 $10,001 - $100,000
❑ $100,001 - $1,000,000 Over $1,000,000
NATURE OF INVESTMENT
❑ Stock ❑ Other
(Describe)
❑ Partnership Q Income Received of $0 - $499
Q Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE:
/ /20 / /20
ACQUIRED DISPOSED
► NAME OF BUSINESS ENTITY
GENERAL DESCRIPTION OF THIS BUSINESS
FAIR MARKET VALUE
❑ $2,000 - $10,000 $10,001 - $100,000
❑ $100,001 - $1,000,000 Over $1,000,000
NATURE OF INVESTMENT
❑ Stock ❑ Other
(Describe)
❑ Partnership Q Income Received of $0 - $499
Q Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE:
/ /20 / /20
ACQUIRED DISPOSED
► NAME OF BUSINESS ENTITY
GENERAL DESCRIPTION OF THIS BUSINESS
FAIR MARKET VALUE
❑ $2,000 - $10,000 $10,001 - $100,000
❑ $100,001 - $1,000,000 Over $1,000,000
NATURE OF INVESTMENT
❑ Stock Other
(Describe)
❑ Partnership Q Income Received of $0 - $499
Q Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE:
i /20 /20
ACQUIRED DISPOSED
FPPC Form 700 -Schedule A-1(2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 7
Instructions — Schedules A-1 and A-2
Investments
"Investment" means a financial interest in any business entity (including a consulting business or other independent contracting business) that is located in, doing business in, planning to do business in, or that has done business during the previous two years in your agency's jurisdiction in which you, your spouse or registered domestic partner, or your dependent children had a direct, indirect, or beneficial interest totaling $2,000 or more at any time during the reporting period. (See Reference Pamphlet, page 13.)
Reportable investments include:
• Stocks, bonds, warrants, and options, including those held in margin or brokerage accounts and managed investment
funds (See Reference Pamphlet, page 13.)
• Sole proprietorships
• Your own business or your spouse's or registered
domestic partner's business (See Reference Pamphlet,
page 8, for the definition of "business entity.")
• Your spouse's or registered domestic partner's
investments even if they are legally separate property
• Partnerships (e.g., a law firm or family farm)
• Investments in reportable business entities held in a retirement account (See Reference Pamphlet, page 15.)
• If you, your spouse or registered domestic partner,
and dependent children together had a 10% or greater
ownership interest in a business entity or trust (including a living trust), you must disclose investments held by the business entity or trust. (See Reference Pamphlet, page 16, for more information on disclosing trusts.)
• Business trusts
You are not required to disclose:
• Government bonds, diversified mutual funds, certain
funds similar to diversified mutual funds (such as
exchange traded funds) and investments held in certain
retirement accounts. (See Reference Pamphlet, page 13.) (Regulation 18237)
• Bank accounts, savings accounts, money market accounts and certificates of deposits
• Insurance policies
• Annuities
• Commodities
• Shares in a credit union
• Government bonds (including municipal bonds)
• Retirement accounts invested in non -reportable interests (e.g., insurance policies, mutual funds, or government
bonds) (See Reference Pamphlet, page 15.)
Reminders
• Do you know your agency's jurisdiction?
• Did you hold investments at any time during the period covered by this statement?
• Code filers — your disclosure categories may only
require disclosure of specific investments.
• Government defined -benefit pension plans (such as
CalPERS and CaISTRS plans)
• Certain interests held in a blind trust (See Reference Pamphlet, page 16.)
Use Schedule A-1 to report ownership of less than 10%
(e.g., stock). Schedule C (Income) may also be required if the investment is not a stock or corporate bond. (See second example below.)
Use Schedule A-2 to report ownership of 10% or greater
(e.g., a sole proprietorship).
To Complete Schedule A-1:
Do not attach brokerage or financial statements.
• Disclose the name of the business entity.
• Provide a general description of the business activity of the entity (e.g., pharmaceuticals, computers, automobile manufacturing, or communications).
• Check the box indicating the highest fair market value of your investment during the reporting period. If you are filing a candidate or an assuming office statement, indicate the fair market value on the filing date or the date you took office, respectively. (See page 20 for more information.) • Identify the nature of your investment (e.g., stocks, warrants, options, or bonds).
• An acquired or disposed of date is only required if you initially acquired or entirely disposed of the investment interest during the reporting period. The date of a stock dividend reinvestment or partial disposal is not required.
Generally, these dates will not apply if you are filing a candidate or an assuming office statement.
Examples:
Frank Byrd holds a state agency position. His conflict of interest code requires full disclosure of investments. Frank must disclose his stock holdings of $2,000 or more in any company that is located in or does business in California, as well as those stocks held by his spouse or registered domestic partner and dependent children.
Alice Lance is a city council member. She has a 4% interest, worth $5,000, in a limited partnership located in the city. Alice must disclose the partnership on Schedule A-1 and income of $500 or more received from the partnership on Schedule C.
SCHEDULE A-2
Investments, Income, and Assets
of Business Entities/Trusts
(Ownership Interest is 10% or Greater)
Name
Address (Business Address Acceptable)
Check one
❑ Trust, go to 2 ❑ Business Entity, complete the box, then go to 2
GENERAL DESCRIPTION OF THIS BUSINESS
FAIR MARKET VALUE IF APPLICABLE, LIST DATE:
❑ $0 - $1,999
❑ $2,000 - $10,000 //20 //20
❑ $10,001 - $100,000 ACQUIRED DISPOSED
❑ $100,001 - $1,000,000
❑ Over $1,000,000
NATURE OF INVESTMENT
❑ Partnership ❑ Sole Proprietorship ❑
Other
YOUR BUSINESS POSITION
SHARE OF -•SS INCOME TO THE ENTITY/TRUST)
❑ $0 - $499 ❑ $10,001 - $100,000
❑ $500 - $1,000 ❑ OVER $100,000
❑ $1,001 - $10,000
lo- 3. LIST THE NAME OF •-TABLE SINGLE SOURCE OF
INCOMEOF $10,000 OR •-
❑ None or ❑ Names listed below
PROPERTYli� 4. INVESTMENTS AND INTERESTS IN REAL . OR
LEASED BY OR
Check one box:
❑ INVESTMENT ❑ REAL PROPERTY
Name of Business Entity, if Investment, or
Assessor's Parcel Number or Street Address of Real Property Description of Business Activity or
City or Other Precise Location of Real Property
FAIR MARKET VALUE IF APPLICABLE, LIST DATE:
❑ $2,000 - $10,000
❑ $10,001 - $100,000
❑ $100,001 - $1,000,000 ACQUIRED DISPOSED
❑ Over $1,000,000
NATURE OF INTEREST
❑ Property Ownership/Deed of Trust ❑ Stock ❑ Partnership ❑ Leasehold ❑ Other
Yrs. remaining
❑ Check box if additional schedules reporting investments or real property are attached
CALIFORNIA FORM 700
FAIR POLITICAL PRACTICES COMMISSION
11- 1. BUSINESS ENTITY OR TRUST
Name
Address (Business Address Acceptable)
Check one
❑ Trust, go to 2 ❑ Business Entity, complete the box, then go to 2
GENERAL DESCRIPTION OF THIS BUSINESS
FAIR MARKET VALUE IF APPLICABLE, LIST DATE:
❑ $0 - $1,999
❑ $2,000 - $10,000 /20 /20
❑ $10,001 - $100,000 ACQUIRED DISPOSED
❑ $100,001 - $1,000,000
❑ Over $1,000,000
NATURE OF INVESTMENT
❑ Partnership ❑ Sole Proprietorship ❑
Other
YOUR BUSINESS POSITION
• • • . • • -•
SHARE OF -•SS INCOME TO THE ENTITYITRUST)
❑ $0 - $499 ❑ $10,001 - $100,000
❑ $500 - $1,000 ❑ OVER $100,000
❑ $1,001 - $10,000
Do- 3. LIST THE NAME OF •RTABLE SINGLE SOURCE OF
INCOMEOF $10,000 OR •
❑ None or ❑ Names listed below
PROPERTYop- 4. INVESTMENTS AND INTERESTS IN REAL • OR
LEASED BY OR
Check one box:
❑ INVESTMENT ❑ REAL PROPERTY
Name of Business Entity, if Investment, or
Assessor's Parcel Number or Street Address of Real Property Description of Business Activity or
City or Other Precise Location of Real Property
FAIR MARKET VALUE IF APPLICABLE, LIST DATE:
❑ $2,000 - $10,000
❑ $10,001 - $100,000
❑ $100,001 - $1,000,000 ACQUIRED DISPOSED
❑ Over $1,000,000
NATURE OF INTEREST
❑ Property Ownership/Deed of Trust ❑ Stock ❑ Partnership ❑ Leasehold ❑ Other
Yrs. remaining
❑ Check box if additional schedules reporting investments or real property are attached
Comments:
FPPC Form 700 -Schedule A-2(2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 9
Instructions — Schedule A-2
Investments, Income, and Assets of Business Entities/Trusts Use Schedule A-2 to report investments in a business
entity (including a consulting business or other independent contracting business) or trust (including a living trust) in which you, your spouse or registered domestic partner,
and your dependent children, together or separately, had a 10% or greater interest, totaling $2,000 or more, during the reporting period and which is located in, doing business in, planning to do business in, or which has done business during the previous two years in your agency's jurisdiction. (See Reference Pamphlet, page 13.) A trust located outside your agency's jurisdiction is reportable if it holds assets that are located in or doing business in the jurisdiction. Do not report a trust that contains non -reportable interests. For example, a trust containing only your personal residence not used in whole or in part as a business, your savings account, and some municipal bonds, is not reportable.
Also report on Schedule A-2 investments and real property held by that entity or trust if your pro rata share of the investment or real property interest was $2,000 or more during the reporting period.
To Complete Schedule A-2:
Part 1. Disclose the name and address of the business entity or trust. If you are reporting an interest in a business entity, check "Business Entity" and complete the box as follows:
• Provide a general description of the business activity of the entity.
• Check the box indicating the highest fair market value of your investment during the reporting period.
• If you initially acquired or entirely disposed of this interest during the reporting period, enter the date acquired or disposed.
• Identify the nature of your investment.
• Disclose the job title or business position you held with the entity, if any (i.e., if you were a director, officer, partner, trustee, employee, or held any position of management). A business position held by your spouse is not reportable.
Part 2. Check the box indicating your pro rata share of the gross income received by the business entity or trust. This amount includes your pro rata share of the gross income from the business entity or trust, as well as your community property interest in your spouse's or registered domestic partner's share. Gross income is the total amount of income before deducting expenses, losses, or taxes.
Part 3. Disclose the name of each source of income that is located in, doing business in, planning to do business in, or that has done business during the previous two years in your agency's jurisdiction, as follows:
• Disclose each source of income and outstanding loan
to the business entity or trust identified in Part 1 if your pro rata share of the gross income (including your community property interest in your spouse's or registered domestic partner's share) to the business entity or trust from that source was $10,000 or more during the reporting period. (See Reference Pamphlet, page 11, for examples.) Income from governmental sources may be reportable
if not considered salary. See Regulation 18232. Loans
from commercial lending institutions made in the lender's regular course of business on terms available to members of the public without regard to your official status are not reportable.
• Disclose each individual or entity that was a source
of commission income of $10,000 or more during the
reporting period through the business entity identified in Part 1. (See Reference Pamphlet, page 8.)
You may be required to disclose sources of income located outside your jurisdiction. For example, you may have a client who resides outside your jurisdiction who does business on a regular basis with you. Such a client, if a reportable source of $10,000 or more, must be disclosed.
Mark "None" if you do not have any reportable $10,000
sources of income to disclose. Phrases such as "various clients" or "not disclosing sources pursuant to attorney -client privilege" are not adequate disclosure. (See Reference
Pamphlet, page 14, for information on procedures to request an exemption from disclosing privileged information.)
Part 4. Report any investments or interests in real property held or leased by the entity or trust identified in Part 1 if your pro rata share of the interest held was $2,000 or more during the reporting period. Attach additional schedules or use FPPC's Form 700 Excel spreadsheet if needed.
• Check the applicable box identifying the interest held as real property or an investment.
• If investment, provide the name and description of the business entity.
• If real property, report the precise location (e.g., an assessor's parcel number or address).
• Check the box indicating the highest fair market value of your interest in the real property or investment during the reporting period. (Report the fair market value of the portion of your residence claimed as a tax deduction if you are utilizing your residence for business purposes.)
• Identify the nature of your interest.
• Enter the date acquired or disposed only if you initially acquired or entirely disposed of your interest in the
property or investment during the reporting period.
FPPC Form 700 (2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page -10
SCHEDULE B
Interests in Real Property
(Including Rental Income)
► ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS
CITY
FAIR MARKET VALUE
❑ $2,000 - $10,000
❑ $10,001 - $100,000
❑ $100,001 - $1,000,000
❑ Over $1,000,000
NATURE OF INTEREST
❑ Ownership/Deed of Trust
❑ Leasehold
IF APPLICABLE, LIST DATE:
//20 --j--j20
ACQUIRED DISPOSED
❑ Easement
Yrs. remaining Other
IF RENTAL PROPERTY, GROSS INCOME RECEIVED
❑ $0 - $499 ❑ $500 - $1,000 ❑ $1,001 - $10,000
❑ $10,001 - $100,000 ❑ OVER $100,000
SOURCES OF RENTAL INCOME: If you own a 10% or greater
interest, list the name of each tenant that is a single source of income of $10,000 or more.
❑ None
Name
► ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS
CITY
FAIR MARKET VALUE
❑ $2,000 - $10,000
❑ $10,001 - $100,000
❑ $100,001 - $1,000,000
❑ Over $1,000,000
NATURE OF INTEREST
❑ Ownership/Deed of Trust
❑ Leasehold
IF APPLICABLE, LIST DATE:
//20 J20
ACQUIRED DISPOSED
❑ Easement
Yrs. remaining Other
IF RENTAL PROPERTY, GROSS INCOME RECEIVED
❑ $0 - $499 ❑ $500 - $1,000 ❑ $1,001 - $10,000
❑ $10,001 - $100,000 ❑ OVER $100,000
SOURCES OF RENTAL INCOME: If you own a 10% or greater
interest, list the name of each tenant that is a single source of income of $10,000 or more.
❑ None
* You are not required to report loans from a commercial lending institution made in the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows:
NAME OF LENDER*
ADDRESS (Business Address Acceptable)
BUSINESS ACTIVITY. IF ANY. OF LENDER
INTEREST RATE TERM (Months/Years)
❑ None
HIGHEST BALANCE DURING REPORTING PERIOD
❑ $500 - $1,000 ❑ $1,001 - $10,000
❑ $10,001 - $100,000 ❑ OVER $100,000
❑ Guarantor, if applicable
Comments:
NAME OF LENDER"
ADDRESS (Business Address Acceptable)
BUSINESS ACTIVITY, IF ANY, OF LENDER
INTEREST RATE TERM (Months/Years)
% ❑ None
HIGHEST BALANCE DURING REPORTING PERIOD
❑ $500 - $1,000 ❑ $1,001 - $10,000
❑ $10,001 - $100,000 ❑ OVER $100,000
❑ Guarantor, if applicable
FPPC Form 700 - Schedule B (2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page -11
Instructions — Schedule B
Interests in Real Property
Report interests in real property located in your agency's jurisdiction in which you, your spouse or registered domestic partner, or your dependent children had a direct, indirect, or beneficial interest totaling $2,000 or more any time during the reporting period. Real property is also considered to be "within the jurisdiction" of a local government agency if the property or any part of it is located within two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency. (See Reference Pamphlet, page 13.)
Interests in real property include:
• An ownership interest (including a beneficial ownership interest)
• A deed of trust, easement, or option to acquire property • A leasehold interest (See Reference Pamphlet, page 14.) • A mining lease
• An interest in real property held in a retirement account (See Reference Pamphlet, page 15.)
• An interest in real property held by a business entity or trust in which you, your spouse or registered domestic
partner, and your dependent children together had a 10% or greater ownership interest (Report on Schedule A-2.) • Your spouse's or registered domestic partner's interests in real property that are legally held separately by him or her You are not required to report:
• A residence, such as a home or vacation cabin, used
exclusively as a personal residence (However, a residence in which you rent out a room or for which you claim a
business deduction may be reportable. If reportable,
report the fair market value of the portion claimed as a tax deduction.)
• Some interests in real property held through a blind trust (See Reference Pamphlet, page 16.)
• Please note: A non -reportable property can still
be grounds for a conflict of interest and may be
disqualifying.
To Complete Schedule B:
• Report the precise location (e.g., an assessor's parcel number or address) of the real property.
• Check the box indicating the fair market value of your interest in the property (regardless of what you owe on the property).
• Enter the date acquired or disposed only if you initially acquired or entirely disposed of your interest in the
property during the reporting period.
• Identify the nature of your interest. If it is a leasehold, Reminders
• Income and loans already reported on Schedule B are
not also required to be reported on Schedule C.
• Real property already reported on Schedule A-2, Part 4 is not also required to be reported on Schedule B.
• Code filers — do your disclosure categories require
disclosure of real property?
disclose the number of years remaining on the lease.
• If you received rental income, check the box indicating the gross amount you received.
• If you had a 10% or greater interest in real property and received rental income, list the name of the source(s) if your pro rata share of the gross income from any single tenant was $10,000 or more during the reporting period. If you received a total of $10,000 or more from two or more tenants acting in concert (in most cases, this will apply to married couples), disclose the name of each tenant.
Otherwise, mark "None."
• Loans from a private lender that total $500 or more and are secured by real property may be reportable. Loans
from commercial lending institutions made in the
lender's regular course of business on terms available
to members of the public without regard to your official status are not reportable.
When reporting a loan:
- Provide the name and address of the lender.
- Describe the lender's business activity.
- Disclose the interest rate and term of the loan. For
variable interest rate loans, disclose the conditions
of the loan (e.g., Prime + 2) or the average interest
rate paid during the reporting period. The term of
a loan is the total number of months or years given
for repayment of the loan at the time the loan was
established.
- Check the box indicating the highest balance of the
loan during the reporting period.
- Identify a guarantor, if
applicable.
If you have more than one
reportable loan on a single
piece of real property, report
the additional loan(s) on
Schedule C.
Example:
Allison Gande is a city
planning commissioner.
During the reporting period,
she received rental income of
$12,000, from a single tenant
who rented property she
owned in the city's jurisdiction.
If Allison received $6,000
each from two tenants, the
tenants' names would not be
required because no single
tenant paid her $10,000 or
more. A married couple is
considered a single tenant.
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Sacramento
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Henry Wells
NAME OF LENDER'
Sophia Petroillo
ADDRE$$ (B�=,�e==Adde==A«earae,e,
2121 Blue Sky Parkway, Sacramento
BUSINESS ACTIVITY, IF ANV, OF LENDER
Restaurant Owner
INTEREST RATE TERM (M-M1s/Yeere)
S , ❑ Noe 15 Years
HIGHEST BALANCE DURING REPORTING PERIOD
❑ $500 - $,,000 ❑ s—I - $1—
o $,o,00, $,ao.000 ❑ OVER $,00,aso
❑ G aP
.o nts:
FPPC Form 700(2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page -12
SCHEDULE C
Income, Loans, & Business
Positions
(Other than Gifts and Travel Payments)
NAME OF SOURCE OF INCOME
ADDRESS (Business Address Acceptable)
BUSINESS ACTIVITY, IF ANY, OF SOURCE
YOUR BUSINESS POSITION
GROSS INCOME RECEIVED ❑ No Income - Business Position Only ❑ $500 - $1,000 ❑ $1,001 - $10,000
❑ $10,001 - $100,000 ❑ OVER $100,000
CONSIDERATION FOR WHICH INCOME WAS RECEIVED
❑ Salary ❑ Spouse's or registered domestic partner's income (For self-employed use Schedule A-2.)
❑ Partnership (Less than 10% ownership. For 10% or greater use Schedule A-2.)
❑ Sale of
(Real property, car, boat, etc.)
❑ Loan repayment
❑ Commission or ❑ Rental Income, list each source of S10,000 or more ❑ Other
(Describe)
(Describe)
Name
NAME OF SOURCE OF INCOME
ADDRESS (Business Address Acceptable)
BUSINESS ACTIVITY, IF ANY, OF SOURCE
YOUR BUSINESS POSITION
GROSS INCOME RECEIVED ❑ No Income - Business Position Only ❑ $500 - $1,000 ❑ $1,001 - $10,000
❑ $10,001 - $100,000 ❑ OVER $100,000
CONSIDERATION FOR WHICH INCOME WAS RECEIVED
❑ Salary ❑ Spouse's or registered domestic partner's income (For self-employed use Schedule A-2.)
❑ Partnership (Less than 10% ownership. For 10% or greater use Schedule A-2.)
❑ Sale of
(Real property, car, boat, etc.)
❑ Loan repayment
❑ Commission or ❑ Rental Income, list each source of $10,000 or more ❑ Other
(Describe)
(Describe)
* You are not required to report loans from a commercial lending institution, or any indebtedness created as part of a retail installment or credit card transaction, made in the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows:
NAME OF LENDER' INTEREST RATE TERM (Months/Years)
ADDRESS (Business Address Acceptable)
BUSINESS ACTIVITY. IF ANY. OF LENDER
HIGHEST BALANCE DURING REPORTING PERIOD
❑ $500 - $1,000
❑ $1,001 - $10,000
❑ $10,001 - $100,000
❑ OVER $100,000
Comments:
% ❑ None
SECURITY FOR LOAN
❑ None ❑ Personal residence
❑ Real Property
Street address
❑ Guarantor
❑ Other
city
(Describe)
FPPC Form 700 - Schedule C (2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page -13
Instructions — Schedule C
Income, Loans, & Business Positions
(Income Other Than Gifts and Travel Payments)
Reporting Income:
Report the source and amount of gross income of $500 or more you received during the reporting period. Gross income is the total amount of income before deducting expenses, losses, or taxes and includes loans other than loans from a commercial lending institution. (See Reference Pamphlet, page 11.) You must also report the source of income to your spouse or registered domestic partner if your community property share was $500 or more during the reporting period.
The source and income must be reported only if the source is located in, doing business in, planning to do business in, or has done business during the previous two years in your agency's jurisdiction. (See Reference Pamphlet, page 13.) Reportable sources of income may be further limited by
your disclosure category located in your agency's conflict of interest code.
Reporting Business Positions:
You must report your job title with each reportable business entity even if you received no income during the reporting period. Use the comments section to indicate that no income was received.
Commonly reportable income and loans include:
• Salary/wages, per diem, and reimbursement for expenses including travel payments provided by your employer
• Community property interest (50%) in your spouse's
or registered domestic partner's income - report the
employer's name and all other required information
• Income from investment interests, such as partnerships, reported on Schedule A-1
• Commission income not required to be reported on
Schedule A-2 (See Reference Pamphlet, page 8.)
• Gross income from any sale, including the sale of a house or car (Report your pro rata share of the total sale price.) • Rental income not required to be reported on Schedule B • Prizes or awards not disclosed as gifts
• Payments received on loans you made to others
• An honorarium received prior to becoming a public official (See Reference Pamphlet, page 10.)
• Incentive compensation (See Reference Pamphlet, page
12.)
Reminders
• Code filers — your disclosure categories may not require disclosure of all sources of income.
• If you or your spouse or registered domestic partner are self-employed, report the business entity on Schedule A-2. • Do not disclose on Schedule C income, loans, or business positions already reported on Schedules A-2 or B.
You are not required to report:
• Salary, reimbursement for expenses or per diem, or
social security, disability, or other similar benefit payments received by you or your spouse or registered domestic
partner from a federal, state, or local government agency. • Stock dividends and income from the sale of stock unless the source can be identified.
• Income from a PIERS retirement account.
(See Reference Pamphlet, page 12.)
To Complete Schedule C:
Part 1. Income Received/Business Position Disclosure
• Disclose the name and address of each source of income or each business entity with which you held a business
position.
• Provide a general description of the business activity if the source is a business entity.
• Check the box indicating the amount of gross income
received.
• Identify the consideration for which the income was
received.
• For income from commission sales, check the box
indicating the gross income received and list the name of each source of commission income of $10,000 or more.
(See Reference Pamphlet, page 8.) Note: If you receive
commission income on a regular basis or have an
ownership interest of 10% or more, you must disclose
the business entity and the income on Schedule A-2.
• Disclose the job title or business position, if any, that you held with the business entity, even if you did not receive income during the reporting period.
Part 2. Loans Received or Outstanding During the
Reporting Period
• Provide the name and address of the lender.
• Provide a general description of the business activity if the lender is a business entity.
• Check the box indicating the highest balance of the loan during the reporting period.
• Disclose the interest rate and the term of the loan.
- For variable interest rate loans, disclose the conditions of the loan (e.g., Prime + 2) or the average interest rate paid during the reporting period.
- The term of the loan is the total number of months or years given for repayment of the loan at the time the
loan was entered into.
• Identify the security, if any, for the loan.
FPPC Form 700 (2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page -14
SCHEDULE D
Income — Gifts
► NAME OF SOURCE (Not an Acronym)
ADDRESS (Business Address Acceptable)
BUSINESS ACTIVITY, IF ANY, OF SOURCE
DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S)
► NAME OF SOURCE (Not an Acronym)
ADDRESS (Business Address Acceptable)
BUSINESS ACTIVITY, IF ANY, OF SOURCE
DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S)
$
$
/ $
► NAME OF SOURCE (Not an Acronym)
ADDRESS (Business Address Acceptable)
BUSINESS ACTIVITY, IF ANY, OF SOURCE
DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S)
$
$
Comments:
► NAME OF SOURCE (Not an Acronym)
ADDRESS (Business Address Acceptable)
BUSINESS ACTIVITY, IF ANY, OF SOURCE
DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S)
► NAME OF SOURCE (Not an Acronym)
ADDRESS (Business Address Acceptable)
BUSINESS ACTIVITY, IF ANY, OF SOURCE
DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S)
$
$
► NAME OF SOURCE (Not an Acronym)
ADDRESS (Business Address Acceptable)
BUSINESS ACTIVITY, IF ANY, OF SOURCE
DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S)
/ $
/ $
/ $
FPPC Form 700 -Schedule D(2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page -15
Instructions - Schedule D
Income - Gifts
A gift is anything of value for which you have not provided equal or greater consideration to the donor. A gift is
reportable if its fair market value is $50 or more. In addition, multiple gifts totaling $50 or more received during the reporting period from a single source must be reported.
It is the acceptance of a gift, not the ultimate use to which it is put, that imposes your reporting obligation. Except as noted below, you must report a gift even if you never used it or if you gave it away to another person.
If the exact amount of a gift is unknown, you must make a good faith estimate of the item's fair market value. Listing the value of a gift as "over $50" or "value unknown" is not adequate disclosure. In addition, if you received a gift through an intermediary, you must disclose the name, address, and business activity of both the donor and the intermediary. You may indicate an intermediary either in the "source" field after the name or in the "comments" section at the bottom of Schedule D.
Commonly reportable gifts include:
• Tickets/passes to sporting or entertainment events
• Tickets/passes to amusement parks
• Parking passes not used for official agency business
• Food, beverages, and accommodations, including those
provided in direct connection with your attendance at a convention, conference, meeting, social event, meal, or like gathering
• Rebates/discounts not made in the regular course of
business to members of the public without regard to official status
• Wedding gifts (See Reference Pamphlet, page 16)
• An honorarium received prior to assuming office (You may report an honorarium as income on Schedule C, rather
than as a gift on Schedule D, if you provided services of equal or greater value than the payment received. See
Reference Pamphlet, page 10.)
• Transportation and lodging (See Schedule E.)
• Forgiveness of a loan received by you
Reminders
• Gifts from a single source are subject to a $500 limit in 2020. (See Reference Pamphlet, page 10.)
• Code filers — you only need to report gifts from
reportable sources.
Gift Tracking Mobile Application
• FPPC has created a gift tracking app for mobile
devices that helps filers track gifts and provides a quick and easy way to upload the information to the Form
700. Visit FPPC's website to download the app.
You are not required to disclose:
• Gifts that were not used and that, within 30 days after receipt, were returned to the donor or delivered to a
charitable organization or government agency without
being claimed by you as a charitable contribution for tax purposes
• Gifts from your spouse or registered domestic partner, child, parent, grandparent, grandchild, brother, sister, and certain other family members (See Regulation 18942 for a complete list.). The exception does not apply if the donor was acting as an agent or intermediary for a reportable source who was the true donor.
• Gifts of similar value exchanged between you and an
individual, other than a lobbyist registered to lobby your state agency, on holidays, birthdays, or similar occasions • Gifts of informational material provided to assist you in the performance of your official duties (e.g., books, pamphlets, reports, calendars, periodicals, or educational seminars) • A monetary bequest or inheritance (However, inherited investments or real property may be reportable on other schedules.)
• Personalized plaques or trophies with an individual value of less than $250
• Campaign contributions
• Up to two tickets, for your own use, to attend a fundraiser for a campaign committee or candidate, or to a fundraiser for an organization exempt from taxation under Section
501(c)(3) of the Internal Revenue Code. The ticket must be received from the organization or committee holding the fundraiser.
• Gifts given to members of your immediate family if the source has an established relationship with the family
member and there is no evidence to suggest the donor had a purpose to influence you. (See Regulation 18943.)
• Free admission, food, and nominal items (such as a pen, pencil, mouse pad, note pad or similar item) available to all attendees, at the event at which the official makes a speech (as defined in Regulation 18950(b)(2)), so long as the admission is provided by the person who organizes the event.
• Any other payment not identified above, that would
otherwise meet the definition of gift, where the payment is made by an individual who is not a lobbyist registered to lobby the official's state agency, where it is clear that the gift was made because of an existing personal or business relationship unrelated to the official's position and there is no evidence whatsoever at the time the gift is made to suggest the donor had a purpose to influence you.
To Complete Schedule D:
• Disclose the full name (not an acronym), address, and, if a business entity, the business activity of the source.
• Provide the date (month, day, and year) of receipt, and disclose the fair market value and description of the gift.
FPPC Form 700 (2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page -16
SCHEDULE E
Income — Gifts
Travel Payments, Advances,
and Reimbursements
Mark either the gift or income box.
Mark the "501 (c)(3)" box for a travel payment received from a nonprofit 501 (c)(3) organization or the "Speech" box if you made a speech or participated in a panel. Per Government Code Section 89506, these payments may not be subject to the gift limit. However, they may result in a disqualifying conflict of interest.
For gifts of travel, provide the travel destination.
► NAME OF SOURCE (Not an Acronym)
ADDRESS (Business Address Acceptable)
CITY AND STATE
❑ 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S):--J--J- // AMT: $
(If gift)
► MUST CHECK ONE: ❑ Gift -or- ❑ Income
O Made a Speech/Participated in a Panel
O Other - Provide Description
► If Gift, Provide Travel Destination
► NAME OF SOURCE (Not an Acronym)
ADDRESS (Business Address Acceptable)
CITY AND STATE
❑ 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S):// // AMT: $
(If gift)
► MUST CHECK ONE: ❑ Gift -or- ❑ Income
O Made a Speech/Participated in a Panel
O Other - Provide Description
► If Gift, Provide Travel Destination
Comments:
► NAME OF SOURCE (Not an Acronym)
ADDRESS (Business Address Acceptable)
CITY AND STATE
❑ 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S):// - --J--JAMT: $
(If gift)
► MUST CHECK ONE: ❑ Gift -or- ❑ Income
O Made a Speech/Participated in a Panel
O Other - Provide Description
► If Gift, Provide Travel Destination
► NAME OF SOURCE (Not an Acronym)
ADDRESS (Business Address Acceptable)
CITY AND STATE
❑ 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S):// - // AMT: $
(If gift)
► MUST CHECK ONE: ❑ Gift -or- ❑ Income
O Made a Speech/Participated in a Panel
O Other - Provide Description
► If Gift, Provide Travel Destination
FPPC Form 700 - Schedule E (2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page -17
Instructions — Schedule E
Travel Payments, Advances,
and Reimbursements
Travel payments reportable on Schedule E include advances and reimbursements for travel and related expenses,
including lodging and meals.
Gifts of travel may be subject to the gift limit. In addition, certain travel payments are reportable gifts, but are not subject to the gift limit. To avoid possible misinterpretation or the perception that you have received a gift in excess of the gift limit, you may wish to provide a specific description of the purpose of your travel. (See the FPPC fact sheet entitled "Limitations and Restrictions on Gifts, Honoraria, Travel, and Loans" to read about travel payments under section
89506(a).)
You are not required to disclose:
• Travel payments received from any state, local, or federal government agency for which you provided services equal or greater in value than the payments received, such as reimbursement for travel on agency business from your
government agency employer.
• A payment for travel from another local, state, or federal government agency and related per diem expenses when
the travel is for education, training or other inter -agency programs or purposes.
• Travel payments received from your employer in the
normal course of your employment that are included in the income reported on Schedule C.
• A travel payment that was received from a nonprofit
entity exempt from taxation under Internal Revenue
Code Section 501(c)(3) for which you provided equal or
greater consideration, such as reimbursement for travel on business for a 501(c)(3) organization for which you are a board member.
Note: Certain travel payments may not be reportable
if reported via email on Form 801 by your agency.
To Complete Schedule E:
• Disclose the full name (not an acronym) and address of the source of the travel payment.
• Identify the business activity if the source is a business entity.
• Check the box to identify the payment as a gift or income, report the amount, and disclose the date(s).
• Travel payments are gifts if you did not provide
services that were equal to or greater in value than the payments received. You must disclose gifts totaling $50 or more from a single source during the period covered
by the statement.
When reporting travel payments that are gifts, you must provide a description of the gift, the date(s) received, and the travel destination.
• Travel payments are income if you provided services
that were equal to or greater in value than the
payments received. You must disclose income totaling
$500 or more from a single source during the period
covered by the statement. You have the burden of
proving the payments are income rather than gifts.
When reporting travel payments as income, you must
describe the services you provided in exchange for the
payment. You are not required to disclose the date(s)
for travel payments that are income.
Example:
City council member MaryClaire Chandler is the chair of a 501(c)(6) trade association, and the association pays for her travel to attend its meetings. Because MaryClaire is deemed to be providing equal or
greater consideration for
the travel payment by
virtue of serving on the
board, this payment may
be reported as income.
Payments for MaryClaire
to attend other events for
which she is not providing
services are likely
considered gifts. Note that
the same a ment from a
• NAME OF SOURCE (Not an Acronym)
Health Services Trade Association
ADDRESS (Business Add— Acceptable)
1230 K Street, Suite 610
CITY AND STATE
Sacramento, CA
❑ 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IFANY, OF SOURCE Association of Healthcare Workers
DIES) : __J___J - AMT $ 650.00
(If 91ff)
• MUST CHECK ONE: Gift Or. QX Income
Q Made a Speech/Participated in a Panel
Q Other - Provide Description Travel reimbursement for
board meeting.
� Ir Glft, Pro�Iae naoel Deelmallor,
p y
501(c)(3) would NOT be reportable.
Example:
Mayor Kim travels to China on a trip organized by China Silicon Valley Business Development, a California nonprofit, 501(c)(6) organization. The Chengdu Municipal People's
Government pays for Mayor Kim's airfare and travel costs, as well as his meals and
lodging during the trip.
The trip's agenda shows
that the trip's purpose is
to promote job creation
and economic activity
in China and in Silicon
Valley, so the trip is
reasonably related to a
governmental purpose.
Thus, Mayor Kim must
• NAME OF SOURCE (Not a,A y,)
Chengdu Municipal People's Government
ADDRESS (Business AS --Acceptable)
2 Caoshi St, CaoShUie, Qingyang Qu, Chengdu Shi,
CITY AND STATE
Sichuan Sheng, China, 610000
❑ 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATES): 09 / 04 / XX - 09 08 J XX AMr s 3,874.38
(It 9,,d
• MUST CHECK ONE: 0 Gift Or. Income
® Made a Speech/Participated in a Panel
O Other - Provide Description Travel reimbursement for
trip to China.
• If Gift, arwlde Travel Dead�aro�
Sichuan Shang, China
report the gift of travel,
but the gift is exempt from the gift limit. In this case, the travel payments are not subject to the gift limit because the source is a foreign government and because the travel is reasonably related to a governmental purpose. (Section 89506(a)(2).) Note that Mayor Kim could be disqualified from participating in or making decisions about The Chengdu Municipal People's Government for 12 months. Also note that if China Silicon Valley Business Development (a 501(c)(6) organization) paid for the travel costs rather than the governmental organization, the payments would be subject to the gift limits. (See the FPPC fact sheet, Limitations and Restrictions on Gifts, Honoraria, Travel and Loans, at www.fppc.ca.gov.)
FPPC Form 700 (2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page -18
Restrictions and Prohibitions
The Political Reform Act (Gov. Code Sections 81000-
91014) requires most state and local government officials and employees to publicly disclose their personal assets and income. They also must disqualify themselves
from participating in decisions that may affect their
personal economic interests. The Fair Political Practices Commission (FPPC) is the state agency responsible for
issuing the attached Statement of Economic Interests,
Form 700, and for interpreting the law's provisions.
Gift Prohibition
Gifts received by most state and local officials, employees, and candidates are subject to a limit. In 2021-2022, the gift limit increased to $520 from a single source during a calendar year. In 2019 and 2020, the gift limit was $500 from a single source during a calendar year.
Additionally, state officials, state candidates, and certain state employees are subject to a $10 limit per calendar month on gifts from lobbyists and lobbying firms registered with the Secretary of State. See Reference Pamphlet,
page 10.
State and local officials and employees should check with their agency to determine if other restrictions apply.
Disqualification
Public officials are, under certain circumstances, required to disqualify themselves from making, participating in, or attempting to influence governmental decisions that will affect their economic interests. This may include interests they are not required to disclose. For example, a personal residence is often not reportable, but may be grounds for disqualification. Specific disqualification requirements apply to 87200 filers (e.g., city councilmembers, members of boards of supervisors, planning commissioners, etc.).
These officials must publicly identify the economic interest that creates a conflict of interest and leave the room before a discussion or vote takes place at a public meeting. For more information, consult Government Code Section
87105, Regulation 18707, and the Guide to Recognizing
Conflicts of Interest page at www.fppc.ca.gov .
Honorarium Ban
Most state and local officials, employees, and candidates are prohibited from accepting an honorarium for any
speech given, article published, or attendance at a
conference, convention, meeting, or like gathering. (See Reference Pamphlet, page 10.)
Loan Restrictions
Certain state and local officials are subject to restrictions on loans. (See Reference Pamphlet, page 14.)
Post -Governmental Employment
There are restrictions on representing clients or employers before former agencies. The provisions apply to elected state officials, most state employees, local elected officials, county chief administrative officers, city managers,
including the chief administrator of a city, and general managers or chief administrators of local special districts and JPAs. The FPPC website has fact sheets explaining
the provisions.
Late Filing
The filing officer who retains originally -signed or
electronically filed statements of economic interests may impose on an individual a fine for any statement that is filed late. The fine is $10 per day up to a maximum of $100.
Late filing penalties may be reduced or waived under certain circumstances.
Persons who fail to timely file their Form 700 may be
referred to the FPPC's Enforcement Division (and, in some cases, to the Attorney General or district attorney) for investigation and possible prosecution. In addition to the late filing penalties, a fine of up to $5,000 per violation may be imposed.
For assistance concerning reporting, prohibitions, and
restrictions under the Act:
• Email questions to [email protected].
• Call the FPPC toll -free at (866) 275-3772.
Form 700 is a Public Document
Public Access Must Be Provided
Statements of Economic Interests are public
documents. The filing officer must permit any
member of the public to inspect and receive a copy
of any statement.
• Statements must be available as soon as possible
during the agency's regular business hours, but
in any event not later than the second business
day after the statement is received. Access to the
Form 700 is not subject to the Public Records Act
procedures.
• No conditions may be placed on persons seeking
access to the forms.
• No information or identification may be required
from persons seeking access.
• Reproduction fees of no more than 10 cents per
page may be charged.
FPPC Form 700 (2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page -19
Questions and Answers
General
Q. What is the reporting period for disclosing interests on an assuming office statement or a candidate
statement?
A. On an assuming office statement, disclose all
reportable investments, interests in real property, and business positions held on the date you assumed
office. In addition, you must disclose income (including loans, gifts and travel payments) received during the 12 months prior to the date you assumed office.
On a candidate statement, disclose all reportable
investments, interests in real property, and business
positions held on the date you file your declaration of candidacy. You must also disclose income (including
loans, gifts and travel payments) received during the
12 months prior to the date you file your declaration of candidacy.
Q. I hold two other board positions in addition to my
position with the county. Must I file three statements of economic interests?
A. Yes, three are required. However, you may complete
one statement listing the county and the two boards on
the Cover Page or an attachment as the agencies for
which you will be filing. Report your economic interests using the largest jurisdiction and highest disclosure
requirements assigned to you by the three agencies.
Make two copies of the entire statement before
signing it, sign each copy with an original signature,
and distribute one original to the county and to each
of the two boards. Remember to complete separate
statements for positions that you leave or assume
during the year.
Q. I am a department head who recently began acting as
city manager. Should I file as the city manager?
A. Yes. File an assuming office statement as city
manager. Persons serving as "acting," "interim," or
"alternate" must file as if they hold the position because they are or may be performing the duties of the
position.
Q. My spouse and I are currently separated and in the
process of obtaining a divorce. Must I still report my
spouse's income, investments, and interests in real
property?
A. Yes. A public official must continue to report a spouse's economic interests until such time as dissolution of
marriage proceedings is final. However, if a separate
property agreement has been reached prior to that
time, your estranged spouse's income may not have to
be reported. Contact the FPPC for more information.
Q. As a designated employee, I left one state agency to work for another state agency. Must I file a leaving
office statement?
A. Yes. You may also need to file an assuming office
statement for the new agency.
Investment Disclosure
Q. I have an investment interest in shares of stock in a company that does not have an office in my jurisdiction.
Must I still disclose my investment interest in this
company?
A. Probably. The definition of "doing business in the
jurisdiction" is not limited to whether the business has an office or physical location in your jurisdiction. (See Reference Pamphlet, page 13.)
Q. My spouse and I have a living trust. The trust holds rental property in my jurisdiction, our primary residence, and investments in diversified mutual funds. I have full disclosure. How is this trust disclosed?
A. Disclose the name of the trust, the rental property and its income on Schedule A-2. Your primary residence
and investments in diversified mutual funds registered
with the SEC are not reportable.
Q. I am required to report all investments. I have an IRA that contains stocks through an account managed by
a brokerage firm. Must I disclose these stocks even
though they are held in an IRA and I did not decide
which stocks to purchase?
A. Yes. Disclose on Schedule A-1 or A-2 any stock worth $2,000 or more in a business entity located in or doing business in your jurisdiction.
Q. The value of my stock changed during the reporting
period. How do I report the value of the stock?
A. You are required to report the highest value that the stock reached during the reporting period. You may
use your monthly statements to determine the highest
value. You may also use the entity's website to
determine the highest value. You are encouraged to
keep a record of where you found the reported value.
Note that for an assuming office statement, you must
report the value of the stock on the date you assumed
office.
FPPC Form 700 (2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 20
Questions and Answers
Continued
Q. I am the sole owner of my business, an S-Corporation. believe that the nature of the business is such that it cannot be said to have any "fair market value" because
it has no assets. I operate the corporation under
an agreement with a large insurance company. My
contract does not have resale value because of its
nature as a personal services contract. Must I report
the fair market value for my business on Schedule A-2
of the Form 700?
A. Yes. Even if there are no tangible assets, intangible assets, such as relationships with companies and
clients are commonly sold to qualified professionals.
The "fair market value" is often quantified for other
purposes, such as marital dissolutions or estate
planning. In addition, the IRS presumes that "personal
services corporations" have a fair market value. A
professional "book of business" and the associated
goodwill that generates income are not without a
determinable value. The Form 700 does not require a
precise fair market value; it is only necessary to check a box indicating the broad range within which the value falls.
Q. We have a Section 529 account set up to save money
for our son's college education. Is this reportable?
A. If the Section 529 account contains reportable interests (e.g., common stock valued at $2,000 or more), those
interests are reportable (not the actual Section 529
account). If the account contains solely mutual funds,
then nothing is reported.
Income Disclosure
Q. I reported a business entity on Schedule A-2. Clients of my business are located in several states. Must I report all clients from whom my pro rata share of income is
$10,000 or more on Schedule A-2, Part 3?
A. No, only the clients located in or doing business on a regular basis in your jurisdiction must be disclosed.
Q. I believe I am not required to disclose the names of clients from whom my pro rata share of income is
$10,000 or more on Schedule A-2 because of their right
to privacy. Is there an exception for reporting clients' names?
Q. I own stock in IBM and must report this investment A. on Schedule A-1. I initially purchased this stock in
the early 1990s; however, I am constantly buying
and selling shares. Must I note these dates in the
"Acquired" and "Disposed" fields?
A. No. You must only report dates in the "Acquired" or
"Disposed" fields when, during the reporting period, you initially purchase a reportable investment worth $2,000 or more or when you dispose of the entire investment.
You are not required to track the partial trading of an Q. investment.
Q. On last year's filing I reported stock in Encoe valued at $2,000 - $10,000. Late last year the value of this stock fell below and remains at less than $2,000. How should
this be reported on this year's statement?
A. You are not required to report an investment if the value was less than $2,000 during the entire reporting period.
However, because a disposed date is not required for
stocks that fall below $2,000, you may want to report
the stock and note in the "comments" section that the
value fell below $2,000. This would be for informational purposes only; it is not a requirement.
Regulation 18740 provides a procedure for requesting
an exemption to allow a client's name not to be
disclosed if disclosure of the name would violate a
legally recognized privilege under California or Federal law. This regulation may be obtained from our website
at www.fppc.ca.gov . (See Reference Pamphlet, page
14.)
I am sole owner of a private law practice that is not
reportable based on my limited disclosure category.
However, some of the sources of income to my law
practice are from reportable sources. Do I have to
disclose this income?
A. Yes, even though the law practice is not reportable, reportable sources of income to the law practice of
$10,000 or more must be disclosed. This information
would be disclosed on Schedule C with a note in the
"comments" section indicating that the business entity
is not a reportable investment. The note would be for
informational purposes only; it is not a requirement.
FPPC Form 700 (2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 21
Questions and Answers
Continued
Q. I am the sole owner of my business. Where do I
disclose my income - on Schedule A-2 or Schedule C?
A. Sources of income to a business in which you have an ownership interest of 10% or greater are disclosed on
Schedule A-2. (See Reference Pamphlet, page 8.)
Real Property Disclosure
Q. During this reporting period we switched our principal place of residence into a rental. I have full disclosure and the property is located in my agency's jurisdiction, so it is now reportable. Because I have not reported
this property before, do I need to show an "acquired"
date?
Q. My husband is a partner in a four -person firm where A all of his business is based on his own billings and
collections from various clients. How do I report my
community property interest in this business and the
income generated in this manner?
A. If your husband's investment in the firm is 10% or
greater, disclose 100% of his share of the business
on Schedule A-2, Part 1 and 50% of his income on
Schedule A-2, Parts 2 and 3. For example, a client of
your husband's must be a source of at least $20,000
during the reporting period before the client's name is reported.
Q. How do I disclose my spouse's or registered domestic partner's salary?
A. Report the name of the employer as a source of income on Schedule C.
Q. I am a doctor. For purposes of reporting $10,000
sources of income on Schedule A-2, Part 3, are the
patients or their insurance carriers considered sources of income?
A. If your patients exercise sufficient control by selecting you instead of other doctors, then your patients, rather than their insurance carriers, are sources of income to you. (See Reference Pamphlet, page 14.)
Q. I received a loan from my grandfather to purchase my home. Is this loan reportable?
A. No. Loans received from family members are not
reportable.
Q. Many years ago, I loaned my parents several thousand dollars, which they paid back this year. Do I need to
report this loan repayment on my Form 700?
A. No. Payments received on a loan made to a family
member are not reportable.
No, you are not required to show an "acquired" date
because you previously owned the property. However,
you may want to note in the "comments" section that
the property was not previously reported because it was used exclusively as your residence. This would be for
informational purposes only; it is not a requirement.
Q. I am a city manager, and I own a rental property located in an adjacent city, but one mile from the city limit. Do I need to report this property interest?
A. Yes. You are required to report this property because it is located within 2 miles of the boundaries of the city you manage.
Q. Must I report a home that I own as a personal residence for my daughter?
A. You are not required to disclose a home used as a
personal residence for a family member unless you
receive income from it, such as rental income.
Q. I am a co-signer on a loan for a rental property owned by a friend. Since I am listed on the deed of trust, do I need to report my friend's property as an interest in real property on my Form 700?
A. No. Simply being a co-signer on a loan for property
does not create a reportable interest in real property for you.
Gift Disclosure
Q. If I received a reportable gift of two tickets to a concert valued at $100 each, but gave the tickets to a friend
because I could not attend the concert, do I have any
reporting obligations?
A. Yes. Since you accepted the gift and exercised
discretion and control of the use of the tickets, you must disclose the gift on Schedule D.
FPPC Form 700 (2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 22
Questions and Answers
Continued
Q. Julia and Jared Benson, a married couple, want to Q. I received free admission to an educational conference give a piece of artwork to a county supervisor. Is each related to my official duties. Part of the conference spouse considered a separate source for purposes of fees included a round of golf. Is the value of the golf the gift limit and disclosure? considered informational material? A. Yes, each spouse may make a gift valued at the gift A. No. The value of personal benefits, such as golf, limit during a calendar year. For example, during 2020 attendance at a concert, or sporting event, are gifts the gift limit was $500, so the Bensons may have given subject to reporting and limits. the supervisor artwork valued at no more than $1,000.
The supervisor must identify Jared and Julia Benson as
the sources of the gift.
Q. I am a Form 700 filer with full disclosure. Our agency holds a holiday raffle to raise funds for a local charity. bought $10 worth of raffle tickets and won a gift
basket valued at $120. The gift basket was donated by
Doug Brewer, a citizen in our city. At the same event,
bought raffle tickets for, and won a quilt valued at
$70. The quilt was donated by a coworker. Are these
reportable gifts?
A. Because the gift basket was donated by an outside
source (not an agency employee), you have received a
reportable gift valued at $110 (the value of the basket less the consideration paid). The source of the gift
is Doug Brewer and the agency is disclosed as the
intermediary. Because the quilt was donated by an
employee of your agency, it is not a reportable gift.
Q. My agency is responsible for disbursing grants. An
applicant (501(c)(3) organization) met with agency
employees to present its application. At this meeting,
the applicant provided food and beverages. Would
the food and beverages be considered gifts to the
employees? These employees are designated in our
agency's conflict of interest code and the applicant is a reportable source of income under the code.
A. Yes. If the value of the food and beverages consumed by any one filer, plus any other gifts received from the same source during the reporting period total $50 or
more, the food and beverages would be reported using
the fair market value and would be subject to the gift
limit.
FPPC Form 700 (2020/2021)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 23
SECTION 7
Conflicts of Interest
o HANDBOOK
r*4 Summary of the Major Provisions and Requirements
of Principal Conflicts of Interest Laws and Regulations ) Updated including changes effective January 1, 2021
Table of Contents
Page No.
I. LAWS AND REGULATIONS AFFECTING DECISION -MAKING ...................................... 1 A. The Political Reform Act................................................................................. 1 1. Disclosure Requirements Under the Political Reform Act........................................................................................................ 2 2. Conflicts of Interest Under the Political Reform Act ......................... 4 3. The FPPC's Test for Analyzing Conflicts of Interest ............................ 5 4. Abstention.........................................................................................23
5. Penalties for Violation....................................................................... 24 6. Seeking Advice on Conflict of Interest Questions .......................... 24 B. Government Code Section 1090................................................................ 25 1. Three Principal Components of Section 1090................................. 26 2. Exceptions to Section 1090............................................................... 30 3. A Contract Made in Violation of Section 1090 is Void and Officials Violating Section 1090 Are Subject to
Severe Penalties................................................................................ 31 4. Aiding and Abetting Section 1090 Violations ................................. 32 5. Seeking FPPC Advice on Section 1090............................................32
6. Statute of Limitations for Section 1090 Violations ........................... 33 C. Common Law Doctrine Against Conflicts of Interest ................................ 33 II. OTHER SPECIALIZED CONFLICTS OF INTEREST LAWS AND REGULATIONS............................................................................................................ 34 A. Doctrine Against Holding Incompatible Offices ........................................ 34 1 . The Common Law Doctrine Against Holding
Incompatible Offices........................................................................34 Summary of Principal Conflicts of Interest Laws and Regulations Page i © 2021 Richards, Watson & Gershon
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2. The Statutory Codification of the Common Law
Doctrine of Incompatible Offices - Government Code
Section1099......................................................................................36 B. Incompatible Outside Activities.................................................................. 37 C. Successor Agency and Oversight Board Conflicts....................................38
1. Form 700s for Successor Agency and Oversight Board
Members............................................................................................ 38
2. Obligation of Successor Agencies to Adopt Conflict
of Interest Codes...............................................................................38
3. City Councils are the Code Reviewing Bodies for the
Successor Agency's Conflict of Interest Code ............................... 39
4. The City Council May Designate the City Clerk as the Filing Officer for the Successor Agency's Statements
of Economic Interests........................................................................39 D. Discount Passes on Common Carriers........................................................ 40 E. Conflicts upon Leaving Office - the "Revolving Door" ............................. 41 F. Laws Prohibiting Bribery................................................................................42 G. Campaign Contributions............................................................................. 43
1. Conflicts of Interests Arising on Appointed Boards and Commissions...................................................................................... 43
2. Application of Federal Corruption Laws to the Offer or Solicitation of Illegal Campaign Contributions Tied to
anOfficial Act................................................................................... 44
3. Ban on Local Agency Officials and Employees
Soliciting Campaign Contributions from Officials and
Employees of the Same Agency.....................................................45
4. Nepotism............................................................................................45 III. LAWS AND REGULATIONS AFFECTING RECEIPT OF GIFTS,
HONORARIA AND LOANS........................................................................................ 48 A. Limitations on Receipt of Gifts..................................................................... 48
1. General Gift Limitation......................................................................48
2. Biennial Gift Limit Adjustment........................................................... 48 Summary of Principal Conflicts of Interest Laws and Regulations Page ii © 2021 Richards, Watson & Gershon
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3. Exceptions to Gifts.............................................................................49
4. Gifts to an Agency............................................................................ 53
5. Gifts to an Official's Family...............................................................54
6. Invitation -Only Events.......................................................................55
7. Tickets to Political and Charitable Fundraisers ............................... 56
8. Tickets or Passes to Events Given to Officials by their Agency.............................................................................................. 57
9. Gifts from a Government Agency to an Official in That Agency.............................................................................................. 59
10. Wedding Gifts....................................................................................59
11. Certain Gifts of Travel....................................................................... 59 B. Prohibitions on Receipt of Honoraria.......................................................... 64
1. Exceptions to the Prohibition on Honoraria .................................... 64 C. Prohibitions on Receipt of Certain Types of Loans ..................................... 65
1. Prohibition on Loans Exceeding $250 from Other City
Officials, Employees, Consultants, and Contractors ...................... 65
2. Requirement for Loans of $500 or More from Other
Persons and Entities to be in Writing ................................................ 66
3. Exceptions to Loan Limits and Documentation
Requirements..................................................................................... 66
4. Loans that Become Gifts are Subject to the Gift
Prohibition.......................................................................................... 66
5. Exceptions - Loans that Do Not Become Gifts ............................... 67 IV. PROHIBITION AGAINST MASS MAILINGS.................................................................. 68 A. Test for Prohibited Mass Mailing................................................................... 68
1. Delivery of Tangible Item.................................................................. 68
2. Features or Includes Reference to an Elected Official .................. 69
3. Public Expense.................................................................................. 69 Summary of Principal Conflicts of Interest Laws and Regulations Page iii © 2021 Richards, Watson & Gershon
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4. More than 200 Copies of the Item ................................................... 70 B. Exceptions to the Mass Mailing Prohibition ................................................. 70 V. EXPENDITURES TO SUPPORT OR DEFEAT A BALLOT MEASURE ................................. 71 VI. PROHIBITION ON GIFTS OF PUBLIC FUNDS............................................................... 75 VII. CONCLUSION........................................................................................................... 76 Summary of Principal Conflicts of Interest Laws and Regulations Page iv © 2021 Richards, Watson & Gershon
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INTRODUCTION
This Handbook is prepared to provide you with a summary of the major provisions of California's principal conflicts of interest laws and regulations. The text of the laws and regulations referenced in this Handbook can be found on the websites for the California Legislature ( http://Ieginfo.legislature.ca.gov/faces/codes.xhtml) and the Fair Political Practices Commission ("FPPC") ( http://www.fppc.ca.gov/the-law.html) .
This Handbook is designed to familiarize city officials and staff with California's principal conflicts of interest laws and regulations. Because the laws and regulations change frequently, we recommend that you use this Handbook to become familiar with the basic principles of the conflict laws and regulations, but we also recommend that you contact your city attorney or agency counsel as soon as you think that you may have a potential conflict of interest. We would be glad to help you analyze a potential conflict of interest and/or contact the FPPC for guidance.
We hope you find this Handbook useful. Should you have any questions about the information included in this Handbook, please do not hesitate to contact us.
Richards, Watson & Gershon
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Summary of the Major Provisions
and Requirements of Principal Conflicts of
Interest Laws and Regulations
//RWG
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Summary of the Major Provisions
and Requirements of Principal Conflicts of
Interest Laws and Regulations
I. LAWS AND REGULATIONS AFFECTING
DECISION -MAKING
A. The Political Reform Act
In 1974, California voters approved Proposition 9, a statewide initiative titled "the Political Reform Act" (the "Act" or the "PRA"). Gov't Code § 81000 et seq., At the time, the measure was the most detailed disclosure law in the nation, and it included new requirements for reporting campaign and lobbying activities. Although the Act was initially written before the Watergate scandal broke, by the time Proposition 9 appeared on the ballot, the drama had unfolded, and nationwide reform proposals were being drafted.
The Act passed by an overwhelming majority, and one of its provisions created a new state agency called the Fair Political Practices Commission ("FPPC"). The FPPC was charged with interpreting and enforcing the Act, and pursuant to this authority, the agency drafted a series of regulations. Since the Act went into effect in 1975, the FPPC has issued new regulations and amendments to existing regulations almost every year.
The Act covers numerous topics germane to ethical behavior in public office —financial data reporting obligations, lobbying restrictions, required campaign disclosures, limitations on campaign financing, proscriptions on mass mailings, restrictions on gifts and honoraria, and most significantly, prohibitions on conflicts of interest in the making of governmental decisions. The Act also contains reporting procedures for financial interests and campaign contributions, as well as disqualification requirements when certain financial interests or campaign contribution standards are satisfied.
Please note that this Handbook is general in nature and may not cover all aspects of an actual conflicts of interest issue. Thus, it is not intended to constitute advice on specific conflicts of interest questions. In the event you have concerns about a possible conflict of interest, you should contact your city attorney or agency counsel for further advice. 1 All statutory references are to the California Government Code unless otherwise indicated. Regulations of the FPPC are referred to as "Regulation."
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations
1. Disclosure Requirements Under the Political Reform Act a. Statements of Economic Interests
The Act requires public officials to disclose assets and income that may be materially affected by their official actions by filing a "Statement of Economic Interests" (also known as a "Form 700"). § 87202; Regulation 18115. The requirement applies to council members, judges, elected state officers, members of planning commissions, members of boards of supervisors, district attorneys, county counsels, city managers, city attorneys, city treasurers and other public officials who manage public investments, and to candidates for any of these offices at any election. § 87200.
Officials must file the Form 700 within 30 days after assuming office, and candidates must file no later than the final filing date of a declaration of candidacy. §§ 87201-02.
An official must file annually thereafter until he or she leaves office, at which point he or she must file a final statement. §§ 87202-03. The required disclosures on the Form 700 include:
• Investments in business entities (e.g., stock holdings, owning a business, a partnership) that are located or do business in the jurisdiction; • Interests in real estate (real property) in the jurisdiction, but not including the official's home address;
• Sources of personal income,2 including gifts, loans, and travel payments;3 and
• Positions of management or employment with business entities that do business in the jurisdiction.
§ 87203. If the official no longer holds certain investments and real property interests at the time of filing, but held them during the 12 months prior to filing, he or she must still disclose those interests on the Form 700. Id. The Form 700 is a public document open to inspection and duplication.
For public officials not covered by the requirements of Section 87203, including employees of state and local government agencies, it is up to the agencies that employ them to decide what their disclosure requirements are. Each state and local agency must adopt a conflicts of interest code tailoring the disclosure requirements for each position within the agency to the types of governmental decisions a person holding that position would make. For example, an employee who approves contracts for goods or services purchased by his or her agency would not be required to disclose 2 In some instances, an official may need to disclose the sources of income to a business entity in which the official has an ownership interest if the official owns at least 10 percent of a business. In that case, the official would be required to disclose a source of income to the business as a source of income to the official if the official's pro rata share of gross receipts from that source exceeds $10,000 in aggregate during the reporting period. § 87207(b). In those cases, the official must report the name, address, and a general description of the business activity of the business entity, as well as the name of the source of income that aggregates to $10,000 or more. 3 As of January 1, 2016, if an official receives a gift that is a travel payment, advance, or reimbursement valued at $50 or more, the official must also disclose the travel destination. § 87207(a) (4).
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations real estate interests, but would be required to disclose investments in and income from individuals and entities that supply equipment, materials, or services to the agency. § § 87301-02.
A city that maintains an internet website must post a list of the elected officers who file a Form 700 with that city. A statement must also be posted on the website indicating that these Form 700s may be obtained by visiting the FPPC office or the city clerk's office. The statement must include the physical address for both the FPPC and the city clerk's office. Finally, a link to the FPPC website must be posted with a statement that indicates that Form 700 "for some state and local government agency elected officers may be available in electronic format" on the FPPC's internet website. § 87505.
A local agency may establish a system for the electronic filing of Form 700s, in accordance with State law. § 87500.2. Public officials should seek guidance from the local filing officer as to the appropriate procedure and format for filing a Form 700. b. Behested Payments
There are also disclosure requirements for certain fundraising activities that elected officials perform for others, including in their capacity as employees or board members of nonprofit organizations. Elected officials who successfully solicit one or more contributions for "legislative, governmental, or charitable purposes" that equal or exceed $5,000 in the aggregate from the same source during a single calendar year must file a report with the official's agency (typically the city clerk) within 30 days of reaching the $5,000 threshold. § 84224(a). The report must contain the following information:
• The contributor's name and address;
• The amount of the contribution;
• The date or dates on which the payments were made;
• The name and address of the contribution recipient;
• If goods or services were contributed, a description of those goods and services; and
• A description of the purpose or event for which the contribution was used.
The statute does not define the term "legislative, governmental, or charitable purposes," but charitable purposes typically involve 501(c) (3) organizations. Examples of "governmental" purposes include fundraising for a new city hall roof, an inaugural celebration committee,4 litigation expenses,5 a breakfast honoring public safety personnel,' and youth conferences.? The term "legislative purpose," in turn, refers to a 4 Sutton Advice Letter, No. A-05-256, 2005 WL 3693740 (2005). 5 Stoen Advice Letter, No. A-03-185, 2004 WL 334564 (2004) (district attorney's expenses in suing a private company when governing body withdrew funding for effort).
6 Gallegos Advice Letter, No. A-00-059, 2000 WL 311529 (2000).
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 1996 FPPC opinion in which a state senator asked a private party to pay for a witness's airfare and expenses to testify at a legislative hearing.$ These reporting requirements also apply if the payment is "made at the behest of the elected officer, even if the officer did not actively solicit contributions. §§ 82004.5, 82041.3. A payment is "made at the behest of" an elected officer when it is made "under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express, prior consent of" that officer. Id.
This disclosure requirement does not apply to a behested payment made by a local, state, or federal governmental agency for a principally legislative or governmental purpose. § 84224(b)(4).
2. Conflicts of Interest Under the Political Reform Act In addition to the disclosure requirements, the Act requires public officials to disqualify themselves from making, participating in making, or in any way attempting to use their official position to influence a governmental decision in which they know or have reason to know they have a financial interest. § 87100; Regulation 18700. An official has a disqualifying financial interest in a decision if the decision will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, directly on the official or a member of the official's immediate family, or on certain listed financial interests. The listed financial interests are:
• Any business entity in which the public official has a direct or indirect investment worth $2,000 or more.
• Any real property in which the public official has a direct or indirect interest worth $2,000 or more.
• Any source of income, including commission income or incentive income, aggregating to at least $500 within 12 months prior to the time when the decision is made. The $500 must be provided or promised to, or received by, the official during the 12 months before the decision. • Any business entity (excluding nonprofit corporations) in which the public official is a director, officer, partner, trustee, employee, or holds any position of management.
• Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $520 or more in value provided to, received by, or promised to the public official within 12 months prior to the time when the decision is made.
7 Gallegos Advice Letter, No. A-98-192, 1998 WL 671296 (1998). 8 Schmidt Advice Letter, No. A-96-098, 1996 WL 779579 (1996).
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations § 87103; Regulations 18700 and 18940.2. The FPPC regulations interpret and provide guidance for most of the terms used in the Act. The FPPC also provides standards for determining if each element of the Act's prohibitions has been satisfied.
3. The FPPC's Test for Analyzing Conflicts of Interest
In the past few years, the FPPC has reorganized and revised the conflict of interest regulations in a comprehensive manner. Under the old regulations, a public official was advised to follow an eight -part test to analyze a potential conflict of interest. The newly revised regulations establish a new four-part test, as stated in Regulation 18700(d).
The new FPPC four-part test assumes that an official already has determined whether he or she is a public official within the meaning of the Act. The new test also assumes that the official has identified the financial interests that may be affected by a particular governmental decision. Since these two steps are necessary for a complete analysis, we recommend that public officials follow the seven steps described below, which incorporate these two initial steps as well as the FPPC's new four-part test.
STEP ONE: IS A PUBLIC OFFICIAL INVOLVED?
Determine whether the individual is a public
official within the meaning of the Act.
The Act applies only to "public officials." Regulation 18700(b). A "public official" is defined to include a "member, officer, employee, or consultant" of a state or local government agency. § 82048; Regulation 18700(c). The regulations define "member" and "consultant" as follows:
• A "member" does not include an individual who performs duties as part of a committee, board, commission, group, or other body that does not have decision -making authority. A board or commission possesses decision -making authority if: (i) it may make a final governmental decision, (ii) it may compel or prevent a governmental decision by reason of an exclusive power to initiate the decision or by reason of a veto that may not be overridden, or (iii) it makes substantive recommendations, which, over an extended period of time, have been regularly approved without significant amendment or modification by another official or agency. Regulation 18700(c)(2).
• A "consultant"9 includes an individual who, pursuant to a contract with a state or local government agency, makes specific kinds of governmental decisions or serves in a staff capacity with the agency and either participates in governmental decisions or performs the same or substantially all of the same duties that would otherwise be performed by 9 For more on who constitutes a "consultant" subject to the Act, see, e.g., Ennis Advice Letter, FPPC No. A-15-006, 2015 WL 1781 144 (2015).
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Regulation 18700.3.
STEP TWO: WHAT ARE THE PUBLIC OFFICIAL'S
FINANCIAL INTERESTS?
Identify the public official's financial
interests.
A public official's financial interests include certain business entities, real property, sources of income, and donors of gifts (as well as intermediaries and agents of such donors). Regulation 18700(c)(6). More specifically, a public official has a financial interest in any of the following:
• A business entity in which the official has a direct or indirect investment worth at least $2,000.10 (Note: In certain situations, this can include a parent,1' subsidiary,12 or otherwise related13 business entity.14) • Any real property in which the public official has a direct or indirect interest worth at least $2,000.15 Real property interests include all leases except month -to -month leases and leases with terms shorter than a month. Regulation 18233.
• Any "source of income" of at least $500 that is provided or promised to the public official, or received by the public official within 12 months prior to a governmental decision, not including gifts and loans by banks available to the general public. Income is "promised to" the official if he or she has a "legally enforceable right to the promised income." Regulation 18700(c) (6) (C). The term "source of income" may include individuals, organizations, and businesses. If the "source of income" is a business that provides or promises the official at least $500 within 12 months prior to a governmental decision, the official also has a source-of- 10 The FPPC has determined that membership in a country club is a financial interest in the club as a business entity when the membership is transferrable and can be resold for profit or loss. Gee Advice Letter, FPPC No. A-17-249, 2018 WL 723401 (2018).
11 A business entity is a "parent" if it is a corporation that controls more than 50 percent of the voting stock of another corporation; the parent corporation is also a parent to any subsidiaries of the corporation that it controls. Regulation 18700.2 (b) (1).
12 A business entity is a "subsidiary" if it is a corporation whose voting stock is more than 50 percent controlled by another corporation; the subsidiary corporation is also a subsidiary to any corporation that controls its parent corporation.
Regulation 18700.2 (b) (2).
13 Business entities, other than a parent corporation, are "otherwise related" if (1) the same person or persons together direct or control each business entity, or (2) the same person or persons together have a 50 percent or greater ownership interest in each business entity. Regulation 18700.2 (b) (3). 14 An official with a financial interest in a business entity also has an interest in a parent or subsidiary of the business entity or an otherwise related business entity, unless (1) the official's only interest is that of a shareholder and the official is a passive shareholder with less than 5 percent of the shares of the corporation, and (2) the parent corporation is required to file annual Form 10-K or 20-F Reports with the Securities and Exchange Commission and has not identified the subsidiary on those forms or its annual report. Regulation 18700.2 (c)-(d). 15 The FPPC has determined that membership in a country club is a financial interest in real property when the member would be entitled to a proportionate share of the value of the club's assets if the club were dissolved. Gee Advice Letter, FPPC No. A-17-249, 2018 WL 723401 (2018).
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations income interest in: (1) any individual owning at least a 50 percent interest in that business, and (2) any individual who has the power to direct or cause the direction of management and policies of the business.
Regulation 18700.1 (a) (2).
• Any business entity in which the public official is a director, officer, partner, trustee, or employee, or holds any position of management. (Note:
Again, this may include a parent, subsidiary, or otherwise related business entity.)
• Any donor of gifts, or any intermediary or agent for a donor of gifts, amounting to at least $520 where that amount is provided to, received by, or promised to the official in the 12 months prior to a governmental decision. Regulation 18700(c) (6) (E).
• The personal finances of the public official and immediate family. This is a sort of "catch-all" provision that is meant to address economic interests of a public official and his or her immediate family that do not qualify as investments, property, or business entities, but are nonetheless potentially affected by government decisions.
§§ 82047, 87103; Regulations 18700, 18940.2. The terms "indirect investment" and "indirect interest" are used to indicate investments and interests owned by the spouse or dependent child of the public official, an agent of the public official, or a business entity or trust in which the official, or his or her agent(s), spouse, or dependent children, has at least a 10 percent ownership interest. Regulation 18700(c)(6)(F).
STEP THREE: IS IT REASONABLY FORESEEABLE
THAT THE GOVERNMENTAL DECISION
WILL HAVE A FINANCIAL EFFECT ON
ANY OF THE OFFICIAL'S FINANCIAL
INTERESTS?
Determine whether the governmental
decision will have a reasonably foreseeable
financial effect on any of the public
official's financial interests.
Regulation 18701 draws a distinction between a financial interest that is "explicitly involved" in a decision, on the one hand, and a financial interest that is not "explicitly involved" in a decision, on the other hand.
Financial interests are considered to be explicitly involved in a decision if the interest is a "named party in, or the subject of, a governmental decision before the official or the official's agency." Regulation 18701 (a). A financial interest is the "subject" of a Summary of Principal Conflicts of Interest Laws and Regulations Page 7 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations proceeding "if the decision involves the issuance, renewal, approval, denial or revocation of any license, permit, or other entitlement to, or contract with the financial interest, and includes any governmental decision affecting a real property financial interest as described in Regulation 18702.2(a)(1) - (6)." Regulation 18701 (a). In those cases, the financial effect is presumed to be reasonably foreseeable.
Even if a financial interest is not explicitly involved in a decision, the effect may still be considered reasonably foreseeable. Regulation 18701 states that a financial effect need not be "likely" to be considered "reasonably foreseeable" for purposes of the FPPC's regulations. If the financial effect can be "recognized as a realistic possibility" and if the effect is "more than hypothetical or theoretical," it will be considered reasonably foreseeable. Regulation 18701 (b). The financial effect will not be considered reasonably foreseeable if the "the financial result cannot be expected absent extraordinary circumstances" that are not subject to the official's control.
The FPPC also provides the following list of non-exclusive factors that should be considered when determining whether a governmental decision will have a reasonably foreseeable effect on a financial interest that is not explicitly involved in the decision:
• The extent to which the occurrence of the financial effect is contingent upon intervening events, not including future governmental decisions by the official's agency, or any other agency appointed by or subject to the budgetary control of the official's agency.
• Whether the public official should anticipate a financial effect on his or her financial interest as a potential outcome under normal circumstances when using appropriate due diligence and care.
• Whether the public official has a financial interest that is of the type that would typically be affected by the terms of the governmental decision or whether the governmental decision is of the type that would be expected to have a financial effect on businesses and individuals similarly situated to those businesses and individuals in which the public official has a financial interest.
• Whether a reasonable inference can be made that the financial effects of the governmental decision on the public official's financial interest might compromise a public official's ability to act in a manner consistent with his or her duty to act in the best interests of the public. • Whether the governmental decision will provide or deny an opportunity, or create an advantage or disadvantage for one of the official's financial interests, including whether the financial interest may be entitled to compete or be eligible for a benefit resulting from the decision. • Whether the public official has the type of financial interest that would cause a similarly situated person to weigh the advantages and Summary of Principal Conflicts of Interest Laws and Regulations Page 8 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations disadvantages of the governmental decision on his or her financial interest in formulating a position.
Possession of a real estate, brokerage license, or other professional license does not automatically constitute a reasonably foreseeable effect on the official's financial interest. Regulation 18701.1. The official's likely business activity must be considered to determine whether the governmental decision will have a reasonably foreseeable effect on one of the official's financial interests.
If it is not reasonably foreseeable that the governmental decision will have a financial effect on any of the official's financial interests, there is no conflict under the Act. If it is determined that it is reasonably foreseeable that the governmental decision will have a financial effect, however, the official must determine whether the effect is material.
STEP FOUR: WILL THE REASONABLY
FORESEEABLE EFFECT BE
MATERIAL?
Determine whether the reasonably
foreseeable financial effect will be material.
If the effect is "nominal, inconsequential, or insignificant," the financial effect will not be considered material. Regulation 18702(b). Otherwise, however, the provisions in Regulations 18702.1 through 18702.5 determine - for each type of financial interest - whether the effect is material. Regulation 18702(a).
a. Business Entities
Regulation 18702.1 provides that the reasonably foreseeable effect of a decision on a business entity in which the official has an investment interest or holds an employment or management position is material whenever the business entity is a named party in, or the subject of, the decision, including any decision in which the entity:
Initiates the proceeding by filing an application, claim, appeal, or other request for action concerning the entity with the official's agency; • Offers to sell a product or service to the official's agency; Bids on or enters into a contract with the official's agency, or is identified as a subcontractor on a bid or contract with the agency; • Is the named or intended manufacturer or vendor of any products to be purchased by the official's agency with an aggregate cost of $1,000 or more in any 12-month period;
• Applies for a permit, license, grant, tax credit, exception, variance, or other entitlement from the official's agency;
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Is the subject of any inspection, action, or proceeding under the regulatory authority of the official's agency; or
• Is otherwise subject to an action taken by the official's agency that is directed at the entity.
The reasonably foreseeable effect of a decision on a business entity in which the official has an investment interest or holds an employment or management position is also material if any of the following criteria are met:
• The decision may result in an increase or decrease of the entity's annual gross revenues, or the value of the entity's assets or liabilities, in an amount equal to or more than:
✓ $1,000,000; or
✓ Five percent of the entity's annual gross revenues and the increase or decrease is at least $10,000.
• The decision may cause the entity to incur or avoid additional expenses or to reduce or eliminate expenses in an amount equal to or more than:
✓ $250,000; or
✓ One percent of the entity's annual gross revenues and the change in expenses is at least $2,500.
• The official knows, or has reason to know, that the entity has an interest in real property and:
✓ The property is a named party in, or the subject of, the decision under Regulations 18701 (a) and 18702.2(a) (1) - (6); or ✓ There is clear and convincing evidence the decision would have a substantial effect on the property.
There is also a "small shareholder" exception that allows officials to participate in decisions explicitly involving a business entity where the official's only interest in that business entity is an investment interest worth no more than $25,000. Regulation 18702.1 (b). To qualify for this exception, the interest also must be less than one percent of the business entity's shares. However, meeting these thresholds does not automatically allow the official to participate in the decision. The official still must analyze the decision's potential effect on the business entity's annual gross revenues, assets and liabilities, expenses, and real property interests. Under this rule, even where an official has only a small investment in a business entity, the impact of a decision might be so significant that the official still has a conflict of interest.
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations b. Real Property - Modified "500-Foot Rule" and Other Criteria The traditional "500-foot" rule has been replaced with an extensive list of criteria that must be analyzed to determine whether a decision will have a material financial effect on an official's real property interest. Regulation 18702.2. There are now eight materiality standards that must be evaluated when an official has an ownership interest in real property, and four materiality standards that must be evaluated when an official has a leasehold interest in real property (i.e., as the lessee of the property).
Regulation 18702.2 now provides that the reasonably foreseeable financial effect of a governmental decision on an official's real property economic interest, other than a leasehold interest, is material whenever the governmental decision:
• Involves the adoption of, or amendment to, a development plan or criteria applying to the parcel;
• Determines the parcel's zoning or rezoning, other than a zoning decision applicable to all properties designated in that category; annexation or de -annexation; inclusion in, or exclusion from, any city, county, district, or local government subdivision or other boundaries, other than elective district boundaries;
• Would impose, repeal, or modify any taxes, fees, or assessments that apply to the parcel;
• Authorizes the sale, purchase, or lease of the parcel; • Involves the issuance, denial or revocation of a license, permit, or other land use entitlement authorizing a specific use of or improvement to the parcel or any variance that changes the permitted use of, or restrictions placed on, that real property;
• Involves construction of, or improvements to, streets, water, sewer, storm drainage, or similar facilities, and the parcel will receive new or improved services that provide a benefit or detriment disproportionate to other properties receiving the services;
• Involves property located 500 feet or less from the property line of the parcel unless there is clear and convincing evidence that the decision will not have any measurable impact on the official's property; or • Involves property located more than 500 feet but less than 1,000 feet from the property line of the parcel, and the decision would change the parcel's:
✓ Development potential;
✓ Income producing potential;
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✓ Character by substantially altering traffic levels, intensity of use, parking, view, privacy, noise levels, or air quality; or ✓ Market value.
Regulation 18702.2(b) clarifies that the financial effect of a governmental decision on a parcel of real property in which an official has an ownership interest is presumed not to be material whenever the governmental decision involves property located 1,000 feet or more from the property line of the official's property. This presumption may be rebutted, however, with clear and convincing evidence that the governmental decision would have a substantial effect on the official's property.
The FPPC has relaxed the rules with respect to real property economic interests that stem from having an ownership interest in the common area of a common interest development. Previously, in addition to evaluating whether the decision concerned a project located within 500 feet of the public official's real property, it was necessary to evaluate whether the decision was within 500 feet of any homeowner association common area in which the official had an ownership interest. Now, Regulation 18702.2 excludes common areas in common interest developments from the definition of "real property" for the purpose of conducting a conflict of interest analysis. Thus, the proximity of homeowner association common areas to a project is no longer a factor in the conflict of interest analysis.
With respect to an official's leasehold interests, i.e., where the official is the lessee of the property, Regulation 18702.2(c) now provides that the reasonably foreseeable financial effect of a governmental decision on an official's real property economic interest is material only if the governmental decision will:
• Change the termination date of the lease;
• Increase or decrease the potential rental value of the property; • Change the official's actual or legally allowable use of the property; or • Impact the official's use and enjoyment of the property.
There are a few exceptions in Regulation 18702.2(d) by which the effect of a decision on an official's real property interest will not be considered material. The following decisions will not be considered to have a material effect on an official's real property interest:
• The decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage, or similar facilities.
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • The decision solely concerns the adoption or amendment of a general plan and all of the following apply:
✓ The decision only identifies planning objectives or is otherwise exclusively one of policy. A decision will not qualify under this subdivision if the decision is initiated by the public official, by a person that is a financial interest to the public official, or by a person representing either the public official or a financial interest to the public official.
✓ The decision requires a further decision or decisions by the public official's agency before implementing the planning or policy objectives, such as permitting, licensing, rezoning, or the approval of or change to a zoning variance, land use ordinance, or specific plan or its equivalent.
✓ The decision does not concern an identifiable parcel or parcels or development project. A decision does not "concern an
identifiable parcel or parcels" solely because, in the proceeding before the agency in which the decision is made, the parcel or parcels are merely included in an area depicted on a map or diagram offered in connection with the decision, provided that the map or diagram depicts all parcels located within the agency's jurisdiction and the economic interests of the official are not singled out.
✓ The decision does not concern the agency's prior, concurrent, or subsequent approval of, or change to, a permit, license, zoning designation, zoning variance, land use ordinance, or specific plan or its equivalent.
These rules replace the old "500-foot rule" that applied before 2014. Of special interest to many local public officials, these provisions appear to allow public officials to participate in most decisions relating to slurry sealing, asphalt paving, curb and sidewalk repairs, or tree replacement, even if the work occurs within 500 feet of their property, due to the exception for repairs and replacement of existing infrastructure.
C. Sources of Income
The FPPC regulations also provide materiality standards for sources of income.
Regulation 18702.3. A "source of income," as discussed above, is any person from whom a public official has received at least $500 in the twelve months prior to the relevant governmental decision. Regulation 18700.1. A "person" includes individuals, organizations, and business entities. § 82047.
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations The regulations provide that any reasonably foreseeable financial effect on an individual, organization, or business entity" that is a source of income to an official or an official's spouse is material if:
• The source is a named party in, or the subject of, the decision including a claimant, applicant, respondent, or contracting party; or • The decision will achieve, defeat, aid, or hinder a purpose or goal of the source and the official, or the official's spouse, receives or is promised the income for achieving the purpose or goal. This is known as the "Nexus" test.
Regulation 18702.3(a)(1), 18702.3(b). In addition to these general standards, the regulations provide further guidance that separately analyzes a source of income depending on whether the source is an individual, non-profit organization, or business entity. If the source is an individual, a reasonably foreseeable financial effect on the source is material if:
• The decision may affect the individual's income, investments, or other assets or liabilities (other than an interest in a business entity or real property) by $1,000 or more;
• The official knows, or has reason to know, that the individual has an interest in a business entity that will be financially affected under the materiality standards in Regulation 18702.1; or
• The official knows, or has reason to know, that the individual has an interest in real property, and either:
✓ The property is a named party in, or the subject of, the decision as defined in Regulations 18701 (a) and 18702.2(a)(1) - (6); or ✓ There is clear and convincing evidence the decision would have a substantial effect on the property.
If the source is a nonprofit organization, a reasonably foreseeable financial effect on the source is material if:
• The decision may result in an increase or decrease of the organization's annual gross receipts, or the value of the organization's assets or liabilities, in an amount equal to or more than (1) $1,000,000, or (2) five percent of the organization's annual gross receipts and the increase or decrease is equal to or greater than $10,000;
16 The materiality standards for sources of income provided in this section do not apply where a government entity qualifies as a source of income, including where a public official is paid by the entity as a consultant or contractor.
Regulation 18702.3(d). An official with an interest in a governmental entity is disqualified from taking part in a decision only if there is a unique effect on that official. Id.
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • The decision may cause the organization to incur or avoid additional expenses or to reduce or eliminate expenses in an amount equal to or more than (1) $250,000, or (2) one percent of the organization's annual gross receipts and the change in expenses is equal to or greater than $2,500; or
• The official knows, or has reason to, know that the organization has an interest in real property and either:
✓ The property is a named party in, or the subject of, the decision under Regulations 18701 (a) and 18702.2(a) (1) - (6); or ✓ There is clear and convincing evidence the decision would have a substantial effect on the property.
If the source is a business entity, a reasonably foreseeable financial effect on the source is material if that business entity will be financially affected under the standards as applied to a financial interest in Regulation 18702.1 (see Business Entities above).
Regulation 18702.3(a). The regulation also includes additional provisions to help officials who receive income from retail sales of a business entity in determining when a retail customer becomes a source of income to the public official directly. § 87103.5. This regulatory provision, which is intended to replace prior Regulation 18707.5, provides that:
• The retail customers of a business entity constitute a significant segment of the public generally if the business is open to the public, and provides goods or services to customers that comprise a broad base of persons representative of the jurisdiction; and
• Income from an individual customer is not distinguishable from the amount of income received from other customers when the official is unable to recognize a significant monetary difference between the business provided by the individual customer and the general clientele of the business. An official is unable to recognize a significant monetary difference when: (1) the business is of the type that sales to any one customer will not have a significant impact on the business's annual net sales; or (2) the business has no records that distinguish customers by amount of sales, and the official has no other information that the customer provides significantly more income to the business than an average customer.
Regulation 18702.3(c). If you own 10 percent or more of a business entity that is engaged in the retail sale of goods or services, we recommend that you review this provision in order to determine whether individual retail customers will be considered sources of income to you for the purpose of analyzing conflicts under the Act.
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations d. Sources of Gifts
The FPPC regulations also provide materiality standards for sources of gifts. Regulation 18702.4. For the purpose of analyzing potential conflicts under the Political Reform Act, a donor becomes a "source of gifts" by providing or promising a public official with gifts valued at $520 or more in the aggregate in the 12 months prior to a governmental decision. Regulations 18700(c) (6) (E), 18940.2. A person may also be a source of a gift by being an "intermediary or agent for a donor of a similar gift. Regulation 18700(c) (6) (E).
Under the FPPC regulations, a financial effect on a source of a gift is material if:
• The source is a claimant, applicant, respondent, contracting party, or otherwise named or identified as the subject of the proceeding; • The source is an individual that will be financially affected under the standards applied to an official in Regulation 18702.5 (see Personal Finances below), or the official knows, or has reason to know, that the individual has an interest in a business entity or real property that will be financially affected under the standards applied to a financial interest in Regulation 18702.1 or 18702.2, respectively;
• The source is a nonprofit organization that will be financially affected under the materiality standards applied to a nonprofit source of income interest in Regulation 18702.3 (see Sources of Income above); or • The source is a business entity that will be financially affected under the standards as applied to a financial interest in Regulation 18702.1 (see Business Entities above).
Regulation 18702.4. Like with sources of income, the analysis of materiality for sources of gifts may depend on whether the source is an individual, a nonprofit, or a business entity. If the source of a gift is the "claimant, applicant, respondent, contracting party, or ... otherwise named or identified as the subject of the proceeding," the financial effect will be deemed material, regardless of whether the source is an individual, a nonprofit, or a business entity. If the source of a gift is not the "claimant, applicant, respondent, contracting party, or ... otherwise named or identified as the subject of the proceeding," the official will need to apply the other standards in Regulation 18702.4(b) - (d), depending on whether the source of the gift is an individual, a nonprofit, or a business entity.
e. Personal Finances
Finally, the regulations provide materiality standards for effects on personal finances.
Regulation 18702.5. A reasonably foreseeable financial effect on an official's or his or her immediate family's personal finances is considered material if the decision may result in the official or the official's immediate family member receiving a financial benefit or loss of $500 or more in any 12-month period due to the decision. Regulation 18702.5 (a) .
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations However, a financial effect is not considered material under Government Code Section 87103 if the decision would do any of the following:
• Affect only the salary, per diem, or reimbursement for expenses of the public official, or a member of his or her immediate family receives from a federal, state, or local government agency unless the decision is to appoint (other than an appointing decision otherwise permitted under Regulation 18702.5), hire, fire, promote, demote, suspend without pay, or otherwise take disciplinary action with financial sanction against the official or a member of his or her immediate family, or to set a salary for the official or a member of his or her immediate family which is different from salaries paid to other employees of the government agency in the same job classification or position, or when the member of the public official's immediate family member is the only person in the job classification or position.
• Appoint the official to be a member of any group or body created by law or formed by the official's agency for a special purpose. However, if the official will receive a stipend for attending meetings of the group or body aggregating $500 or more in any 12-month period, the effect on the official's personal finances is material unless the appointing body posts specified information on its website.»
• Appoint the official to be an officer of the governing body of which the official is already a member, such as a decision to appoint a city councilmember to be the city's mayor.
• Establish or change the benefits or retirement plan of the official or the official's immediate family member, and the decision applies equally to all employees or retirees in the same bargaining unit or other representative group.
• Result in the payment of any travel expenses incurred by the official or the official's immediate family member while attending a meeting as an authorized representative of an agency.
• Permit the official's use of any government property, including automobiles or other modes of transportation, mobile communication devices, or other agency -provided equipment for carrying out the official's duties, including any nominal, incidental, negligible, or inconsequential personal use while on duty.
• Result in the official's receipt of any personal reward from the official's use of a personal charge card or participation in any other membership 17 Specifically, the appointing body must post all of the following information on its website: (1) a list of each appointed position and its term; (2) the amount of the stipend for each appointed position; (3) the name of the official who has been appointed to the position; and (4) the name of any official who has been appointed to be an alternate for the position. Regulation 18702.5(b)(2).
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations rewards program, so long as the reward is associated with the official's approved travel expenses and is no different from the reward offered to the public.
Regulation 18702.5(b). Any effect on the interests noted above would not constitute a material effect on personal finances for the purpose of the Political Reform Act.
Regulation 18702.5 clarifies that if a decision only affects a business entity or real property in which the official has a financial interest, the regulation regarding personal finances does not apply. Regulation 18702.5(c). Under those circumstances, the official should analyze the applicable materiality standards for those types of interests in Regulations 18702.1 and 18702.2 to determine whether a conflict exists.
STEP FIVE: DOES THE "PUBLIC GENERALLY"
EXCEPTION APPLY?
Determine if the official can demonstrate
that the material financial effect on the
official's interest is indistinguishable from the
decision's effect on the public generally.
Once it is determined that it is reasonably foreseeable that a decision will have a material financial effect on an official's financial interest, it is necessary to evaluate whether an exception to the disqualification requirement is applicable. One exception, known as the "public generally" exception, provides that even if a governmental decision will have a reasonably foreseeable material financial effect on the official's financial interest, disqualification will not be required if the effect on the public official's financial interest is indistinguishable from the decision's effect on the financial interests of the public generally. Regulation 18703.
In order to use this exception, the official must be able to demonstrate two core elements. First, the governmental decision must affect a "significant segment" of the public in the jurisdiction of the public agency. Second, the governmental decision's effect on the official's financial interest must not be unique as compared to the effect on the significant segment. Regulation 18703.
The FPPC has simplified the regulation to determine what constitutes a sufficiently "significant segment" of the public. Regulation 18703(b). A significant segment of the public is:
• At least 25 percent of any of the following:
✓ All businesses or nonprofit entities within the official's jurisdiction; ✓ All real property, commercial real property, or residential real property within the official's jurisdiction; or
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations ✓ All individuals within the official's jurisdiction.
• At least 15 percent of residential real property within the official's jurisdiction, if the official's only interest in a government decision is the official's primary residence.
Regulation 187O3(b).
To determine whether a decision's effect on the official's financial interest is "unique" as compared to the effect on the significant segment of the public, the FPPC requires that an official determine whether the decision has a "disproportionate" effect on:
• The development potential or use of the official's real property or on the income producing potential of the official's real property or business entity.
• An official's business entity or real property resulting from the proximity of a project that is the subject of a decision.
• An official's interests in business entities or real properties resulting from the cumulative effect of the official's multiple interests1$ in similar entities or properties that is substantially greater than the effect on a single interest. • An official's interest in a business entity or real property resulting from the official's substantially greater business volume or larger real property size when a decision affects all interests by the same or similar rate or percentage.
• A person's income, investments, assets or liabilities, or real property if the person is a source of income or gifts to the official.
• An official's personal finances or those of his or her immediate family.
Regulation 187O3(c).
The official's "jurisdiction" for the purposes of this regulation constitutes the "jurisdiction of the state or local government agency as defined in Section 82035, or the designated geographical area the official was elected to represent, or the area to which the official's authority and duties are limited if not elected." Regulation 187O3(d). Real property is considered to be within a "jurisdiction" if the "property or any part of it is located within, or not more than, two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency." § 82035.
The FPPC Regulations include a number of specialized "public generally" exceptions.
Regulation 187O3(e). The financial effect on an official's financial interest is deemed 18 Ownership of only two residential properties apparently would not constitute "multiple interests ... in properties that is substantially greater than the effect on a single interest." Wagner Advice Letter, FPPC No. A-15-227, 2015 WL 9680333 (2015) .
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations indistinguishable from that of the public generally where there is no unique effect on the official's interest if the official establishes:
• The decision sets or adjusts the amounts of assessments, taxes, fees, or rates for water, utility, or other broadly provided public services or facilities that are applied equally, proportionally, or by the same percentage to the official's interest and other businesses, properties, or individuals subject to the assessment, tax, fee, or rate. However, the exception does not apply if the decision imposes assessments, taxes, or fees, determines the boundaries of a property, or determines who is subject to the assessments, taxes, or fees. Under this exception, these factors must already be determined.
• The decision affects the official's personal finances as a result of an increase or decrease to a general fee or charge, such as parking rates, permits, license fees, application fees, or any general fee that applies to the entire jurisdiction.
• The decision affects residential real property limited to a specific location, encompassing more than 50, or five percent of the residential real properties in the official's jurisdiction, and the decision establishes, amends, or eliminates ordinances that restrict on -street parking, impose traffic controls, deter vagrancy, reduce nuisance or improve public safety, provided the body making the decision gathers sufficient evidence to support the need for the action at the specific location. • The decision is limited to establishing, eliminating, amending, or otherwise affecting the rights or liabilities of tenants and owners of residential real property, including rent control or tenant protection matters. Officials may participate if: (1) the decision is applicable to all residential rental properties within the official's jurisdiction other than those excepted by the Costa -Hawkins Rental Housing Act; (2) the official owns three or fewer residential units; and (3) the only interests affected by the decision are the official's interest in residential real property as a landlord or the official's interest in a primary residence as owner or lessee.
• The decision is made by a board or commission and the law that establishes the board or commission requires certain appointees have a representative interest in a particular industry, trade, or profession or other identified interest, and the public official is an appointed member representing that interest. This provision applies only if the effect is on the industry, trade, or profession or other identified interest represented. • The decision is made pursuant to an official proclamation of a state of emergency when required to mitigate against the effects directly arising out of the emergency.
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • The decision affects a federal, state, or local governmental entity in which the official has an interest.
Regulation 18703(e).
STEP SIX: MAY THE OFFICIAL MAKE OR
PARTICIPATE IN MAKING A
DECISION?
Determine whether the public official will be
making, participating in the making, or using
or attempting to use his/her official position
to influence a governmental decision.
The Act applies when a public official is "making, participating in making, or using or attempting to use his/her official position to influence a governmental decision." Regulation 18704. If the official will be called upon to make, participate in making, or use his or her official position to influence a governmental decision in which the official has a financial interest, the official will have a prohibited conflict of interest. The FPPC regulations define each of these actions for purposes of applying the Act:
• A public official "makes" a governmental decision when the official authorizes or directs any action, votes, appoints a person, obligates or commits his or her agency to any course of action, or enters into any contractual agreement on behalf of his or her agency. Regulation 18704(a).19
• A public official "participates in" a governmental decision when the official provides information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review. Regulation 18704(b).
• A public official "uses his or her official position to influence" a decision if the official: (i) contacts or appears before any official in his or her agency or in an agency subject to the authority or budgetary control of his or her agency for the purpose of affecting a decision; or (ii) contacts or appears before any official in any other government agency for the purpose of affecting a decision, and the public official acts or purports to act within his or her authority or on behalf of his or her agency in making the contact.
Regulation 18704(c).
19 A public official's "determination not to act" does not constitute participating in "making" a governmental decision when the public official is abstaining from a decision due to a personal financial interest.
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations There are limited exceptions to this rule. A public official is not making, participating in making, or influencing a government decision when the official acts in a solely ministerial, secretarial, or clerical manner. Regulation 18704(d) (1).
In addition, an official is not making, participating in making, or influencing a government decision when the official appears before the public agency as a member of the general public to represent specific and limited "personal interests" or when the official negotiates his or her compensation or terms of employment. Regulation 18704(d). With respect to negotiating the terms of employment, however, "an official may not make a decision to appoint, hire, fire, promote, demote, or suspend without pay or take disciplinary action with financial sanction against the official or his or her immediate family, or set a salary for the official or his or her immediate family different from salaries paid to other employees of the government agency in the same job classification or position." Regulation 18704(d) (3).
Making, participating in, or influencing a governmental decision also does not include communications to either the press or the general public. Regulation 18704(d) (4). Nor does it include academic decisions. Regulation 18704(d) (5). Limited actions in an official's professional capacity as an architect or engineer also are not considered to be making, participating in, or influencing a governmental decision. Regulation 18705(d) (6). Finally, an official who serves as a consultant will not be participating in a decision by making a recommendation regarding additional services if the agency has already contracted with the consultant - for an agreed upon price - to make recommendations concerning services of the type offered by the consultant.
Regulation 18704(d)(7).
STEP SEVEN: IS THE PUBLIC OFFICIAL'S
PARTICIPATION LEGALLY REQUIRED?
Determine if the public official's
participation is legally required despite a
conflict of interest.
A public official also is permitted to participate in making a governmental decision, despite having a conflict of interest in the decision, if no alternative source of decision exists that would be consistent with the purposes and terms of the statute authorizing the decision. Regulation 18700(e), 18705(a).
This exception is applied when a quorum of a legislative body cannot be convened due to the disqualifying conflicts of interests of its members. In that situation, as many members as are needed to create the minimum number for the quorum may be selected at random to participate. In these situations, stringent disclosure requirements apply, not only regarding the basis of the selected member's conflict of interest, but also the reason why there is no alternative source of decision -making authority.
Regulation 18705(b). For the purposes of this section, a "quorum" means "the minimum number of members required to conduct business and when the vote of a Summary of Principal Conflicts of Interest Laws and Regulations Page 22 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations supermajority is required to adopt an item, the "quorum" shall be that minimum number of members needed for that adoption." Regulation 18705(d).
Note that this rule is construed narrowly and may not be invoked to permit an official who is otherwise disqualified to vote to break a tie or to vote if a quorum can be convened of other members of the agency who are not disqualified, whether or not such other members are actually present at the time of the decision. Regulation 18705(c).
4. Abstention
When a public official has a conflict of interest under the Act, he or she is required to abstain from making, participating in making, or using or attempting to use his or her official position to influence the local agency's decision. Abstention avoids a violation of the conflict of interest provisions of the Act.
The Act establishes specific procedures that most public officials must follow when they have a conflict of interest and are required to abstain from a decision. § 87105; Regulation 18707. Immediately prior to the consideration of the matter, the official must: (i) identify each financial interest that gives rise to the conflict in detail sufficient to be understood by the public (except that disclosure of the exact street address of a residence is not required); (ii) publicly state his or her recusal from the matter; and (iii) leave the room until after the disposition of the matter unless the matter appears on a consent calendar, or other similar portion of an agenda for uncontested matters, or the official is speaking as a member of the public regarding an applicable personal interest. § 87105; Regulations 18707, 18704(d) (2). The FPPC recently clarified the procedure required and precise information that must be disclosed, as described in new Regulation 18707. This includes additional information regarding rules for closed sessions and matters on the consent calendar. Public officials may not avoid disclosure through partial absences and must disclose financial interests either immediately prior to consideration of an item or if the official arrives after consideration, immediately after the official joins the meeting.
The procedure stated in Regulation 18707(a) must be followed by all council members, judges, elected state officers, members of planning commissions, members of boards of supervisors, district attorneys, county counsels, city managers, city attorneys, city treasurers and other public officials who manage public investments, and to candidates for any of these offices at any election. §§ 87105, 87200. The Act does not require other public officials who must file financial disclosure forms under local conflict of interest codes to follow the same procedure, but the FPPC has now prescribed specific rules for those public officials. Regulation 18707(b).
Depending on the nature of his or her interest, a public official who must abstain from a decision may comment on the item as a member of the public during the public comment period on a matter related to his or her "personal interests." The term "personal interest" is defined to include an interest in real property or a business entity that is wholly owned by the official or his or her immediate family. Regulations 18704(d) (2) (A) and (B). It also includes business entities over which the official, or the Summary of Principal Conflicts of Interest Laws and Regulations Page 23 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations official and his or her immediate family, exercise sole direction and control. Regulation 18704(d) (2) (C).
If a public official wishes to speak on a matter related to his or her "personal interests," the official must publicly identify the financial interest (including all of the specific details required by the regulation). Regulation 18707(a)(1) (A). The public identification must be made orally and be included in the official public record. Regulation 18707(a)(1)(B).
Subsequently, the official must recuse himself or herself and leave the dais to speak from the same area as the members of the public. Regulation 18707(a) (3) (C). Like other members of the public, the official may listen to the comments of other speakers on the matter. Regulation 18704(a) (3) (C).
Note that when a public official abstains from a decision, his or her presence does not count toward achieving a quorum. Regulation 18707. Accordingly, if several officials must abstain from a decision under the Political Reform Act, there may not be sufficient members of the body present to consider a matter under the Brown Act. In such a circumstance, it may be possible to use the exception for legally required participation, as discussed above.
5. Penalties for Violation
Administrative, civil, and criminal penalties exist for violations of the conflict of interest provisions of the Act. The FPPC may levy administrative penalties after a hearing and may impose a fine of up to $5,000 per violation, a cease and desist order, and an order to file reports. § 83116. The FPPC recently adopted regulations providing for streamlined administrative enforcement procedures and specific penalties for various types of violations. Regulations 18360, 18360.1, 18360.2.
Civil penalties include injunctive relief that may be sought by the district attorney or any person residing in the jurisdiction. § 91003. In the event a court finds that the actions would not have been taken but for the action of the official with the conflict of interest, the court is empowered to void the decision. § 91003. Misdemeanor criminal penalties are provided in situations where a knowing or willful violation of the act occurs, and generally, persons convicted of violating the Act may not be a candidate for elective office or act as a lobbyist for four years after the conviction. §§ 91000, 91002. The statute of limitations for civil and criminal enforcement actions is four years from the date of the violation. §§ 91000(c), 9101 1(b). The statute of limitations for administrative actions brought by the FPPC is five years from the date of the violation. § 91000.5.
6. Seeking Advice on Conflict of Interest Questions
It is important to note that only a formal advice letter from the FPPC staff can immunize a public official from potential enforcement by the FPPC or the District Attorney in the event the public official participates in a decision and someone subsequently alleges the public official had a prohibited conflict of interest. A formal advice letter usually takes the FPPC staff at least a month to prepare, is only provided if the request relates to prospective acts (as distinguished from past acts), and if it contains sufficient facts upon which the FPPC is able to render a decision. Informal written advice (without Summary of Principal Conflicts of Interest Laws and Regulations Page 24 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations immunity from potential enforcement action) may also be requested from the FPPC staff as well as informal telephonic advice through their technical assistance division at 1 866 ASK FPPC (1 866 275 3772). Based on the time frames required to obtain formal or informal written advice from the FPPC, it is important for public officials to consult their city attorney or local agency counsel as early as possible so as to provide adequate time to gather all relevant facts, draft a letter to the FPPC, and respond to the advice once given.
B. Government Code Section 1090
Government Code Section 1090 provides in relevant part: "[m]embers of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members."
The purpose of the prohibition contained in Section 1090 is to preclude a public official from using his or her position to obtain business or financial advantage through the approval of contracts by the public entities which he or she serves. As more fully explained below, the prohibition applies to not only preclude a member of the body or board that approves the contract from directly contracting with that same public entity, but it also applies when the public official has a financial or other specified relationship to the entity that seeks to contract with the public entity. The intent of the law is to remove the possibility of any personal influence that might bear on an official's decision -making activities on contracts executed by his or her public entity.
Upon the enactment of the Act in 1974, questions arose as to whether that new law impliedly repealed or preempted the provisions of Section 1090. The California Attorney General addressed this issue first, concluding in a 1976 opinion that the Act did not implicitly repeal or preempt Section 1090. 59 Ops. Cal. Att'y Gen. 604, 671 (1976). Since that time, the courts and the Attorney General have consistently considered Section 1090 as having continuing effect. For example, in People v. Honig, 48 Cal. App. 4th 289, 328-29 (1996), the defendant in a criminal case for violations of Section 1090 argued that the Act superseded Section 1090. The California Court of Appeal declined to so rule, holding instead that the term "financially interested" in Section 1090 has a different meaning than the term "material financial effect" in the Act. In another case, the California Court of Appeal again held that the Act and Section 1090 are "two different statutory schemes." City of Vernon v. Central Basin Mun. Water Dist., 69 Cal.
App. 4th 508, 513 (1999); see also Fraser-Yamor Agency, Inc. v. County of Del Norte, 68 Cal. App. 3d 201 (1977); People v. Vallerga, 67 Cal. App. 3d 847 (1977); City Council v.
McKinley, 80 Cal. App. 3d 204 (1978); City of Imperial Beach v. Bailey, 103 Cal. App. 3d 191 (1980); Thomson v. Call, 38 Cal. 3d 633 (1985); Campagna v. City of Sanger, 42 Cal.
App. 4th 533 (1996); 67 Ops. Cal. Att'y Gen. 369, 375 (1984); 69 Ops. Cal. Att'y Gen. 102 (1986); 70 Ops. Cal. Att'y Gen. 45, 47 (1987); 73 Ops. Cal. Att'y Gen. 191, 194-95 (1990).
Both the Act and the common law (meaning court -made) doctrine against conflicts of interest require the public official with a conflict of interest to abstain from participation in the decision. Section 1090, by contrast, also prohibits the public entity from entering Summary of Principal Conflicts of Interest Laws and Regulations Page 25 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations into a contract in which one of its officers or employees has a financial interest, unless certain exceptions apply.
If the conflicted official is a member of a board or commission that executes the contract, he or she is conclusively presumed to be involved in the making of his or her agency's contracts. Thomson v. Call, 38 Cal. 3d at 649. This absolute prohibition applies regardless of whether the contract is found to be fair and equitable or the official abstains from all participation in the decision. Thomson, 38 Cal. 3d at 649-50; Fraser-Yamor Agency, 68 Cal. App. 3d at 21 1-12; City of Imperial Beach, 103 Cal. App. 3d at 195. The only way a public entity could still enter into such a contract - i.e., in which an official who is a member of the board or commission that executes the contract has a financial interest - would be if that interest qualifies as a "remote interest" or "non -interest" within the meaning of specified provisions discussed below.
1. Three Principal Components of Section 1090
The prohibition contained in Section 1090 involves three principal components: (1) the person subject to the prohibition must be an officer or employee of one of the types of governmental entities listed in Section 1090; (2) the public officer or employee must be "financially interested" in a contract; and (3) the contract must be made by either the public official in his or her official capacity or by the body or board of which the official is a member.
a. Officer or Employee of Listed Government Entity
The first element is whether the person subject to the prohibition is a member of the Legislature or an officer or employee of the state, a county, a district, a judicial district, or a city. Virtually every officer or employee of a municipality or local governmental district is subject to the prohibition of Section 1090. In 2018, the Attorney General concluded that a California charter school's governing body is also subject to Section 1090. 101 Ops. Cal. Atty. Gen. 92.
In recent years, the courts also have concluded that consultants may be considered "employees" for the purpose of civil liability under Section 1090. In 2017, the California Supreme Court held that Section 1090 applies to independent contractors "when they have duties to engage in or advise on public contracting that they are expected to carry out on the government's behalf." People v. Superior Court (Sahlolbei), 3 Cal. 5th 230 (2017); see also, California Housing Finance Agency v. Hanover/California Management and Accounting Center, Inc., 148 Cal. App. 4th 682, 691 (2007); see also, Hub City Solid Waste Services, Inc. v. City of Compton, 186 Cal. App. 4th 1114, 1 124- 1125 (2010). Moreover, the courts have held that even private companies may be subject to Section 1090 where the company has the potential to exert considerable influence over the agency's contracting decision. Davis v. Fresno Unified School District, 237 Cal. App. 4th 261 (2015); McGee v. Balfour Beatty Construction, LLC, 247 Cal. App. 4th 235, 261 (2016). In 2019, the California Court of Appeal clarified that a consultant's mere provision of services to a public agency does not create a per se conflict of interest precluding future contracts, if, in the initial transaction, the consultant Summary of Principal Conflicts of Interest Laws and Regulations Page 26 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations was not entrusted with acting on behalf of the public agency. California Taxpayers Action Network v. Tabor Construction, Inc., 42 Cal. App. 5th 824 (2019).
As such, we advise that both public agencies and independent contractors carefully evaluate whether their duties and obligations include engaging in or advising on public contracting. If so, their involvement in those contracting decisions must be evaluated for compliance with Section 1090.
b. Financial Interest in a Contract
The second element of the prohibition is the existence of a direct or indirect financial interest in a contract. The courts have interpreted the term "financially interested" as including any direct interest, such as that involved when a public official enters directly into a contract with the body of which he is a member. Thomson v. Call, 38 Cal. 3d 633 (1985). The courts have also interpreted "financially interested" as including indirect financial interests in a contract, where, for example, a public official has a business relationship with the entity that would be contracting with the public entity, or when the public official would gain something financially by the making of the contract. Fraser- Yamor Agency, 68 Cal. App. 3d 201 (1977); Finnegan v. Schrader, 91 Cal. App. 4th 572, 579 (2001). In Thomson v. Call, the California Supreme Court described the breadth of the statute this way:
"Section 1090 forbids city officers ... from being 'financially interested in any contract made by them in their official capacity, or by any body or board of which they are members.' The proscribed interest certainly includes any direct interest, such as that involved when an officer enters directly into a contract with the body of which he is a member. California courts have also consistently voided such contracts where the public officer was found to have an indirect interest therein. . . . Neither the absence of actual fraud nor the possibility of a `good faith' mistake on [the officer's] part can affect the conclusion that this contract violates section 1090 and is therefore void."
38 Cal. 3d at 645-46 (citations omitted).
In Thomson, a council member sold certain real property to a third party, knowing that the city was negotiating a deal to acquire multiple parcels of property in that area for a public park. The third party then conveyed the council member's property to the city, in an apparent attempt to evade the provisions of Section 1090. The court essentially "unwound" and invalidated the entire transaction based on the council member's interest in the transaction. The court refused to focus on the isolated contract between the city and the third party that bought the property from the council member, but rather viewed all of the successive contracts as one complex multi -party agreement.
The court ordered the council member to disgorge all funds he received in the transaction and ordered that the city retain title to the property. The court noted that this type of severe remedy was necessary to discourage violations of Section 1090.
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Other decisions have followed this same broad reading of "indirect interests." In People v. Vallerga, the California Court of Appeal summarized court decisions addressing financial interests under Section 1090 as follows: "However devious and winding the chain may be which connects the officer with the forbidden contract, if it can be followed and the connection made, the contract is void." 67 Cal. App. 3d 847, 867 (1977); see also People v. Honig, 48 Cal. App. 4th 289, 315 (1996) (stating the same rule).
The scope of indirect interests that could form a "devious and winding chain" back to a public contract is broad, but this reflects the judicial stance of vigilant enforcement of Section 1090. See, e.g., Thomson, 38 Cal. 3d at 652 (" [T] he policy of strict enforcement of conflict -of -interest statutes ... provides a strong disincentive for those officers who might be tempted to take personal advantage of their public offices, and it is a bright - line remedy which may be appropriate in many different factual situations."); Berko v.
Woodward, 125 Cal. 119, 128 (1899) (noting the need for "strict enforcement" of the conflict of interest statutes).
Although Section 1090 traditionally has been interpreted broadly, a California appellate decision warned against an overly broad interpretation of the term "financial interest" for the purpose of Section 1090. See Eden Township Healthcare District v. Sutter Health, 202 Cal. App. 4th 208, 228 (2011). The court acknowledged the general principle that the "defining characteristic of a prohibited financial interest is whether it has the potential to divide an official's loyalties and compromise the undivided representation of the public interest the official is charged with protecting." Id. at 221. The court concluded that the salaried CEO of a non-profit medical center, who also served on the board of a hospital district, was not financially interested in contracts between the medical center and the hospital district, despite the clear potential effect on his employer. Id. at 222. The court noted that there was "nothing in the record to support the inference that the [agreements] bear any relationship to [the CEO's] continued employment" with the medical center. Id. at 223-224. Moreover, the court noted that there was "no evidence that [the CEO would] derive any financial benefit arising from the" agreements in question. Id. at 226. The court stated broadly:
In our view, if the contract itself offers no benefit to the official, either directly or indirectly, then the official is not financially interested in the contract and any explicit legislative exemption for such a circumstance would be unnecessarily redundant.
Id. at 228. The court distinguished the case of Miller v. City of Martinez, 28 Cal. App. 2d 364 (1938), in which the complaint alleged that a council member had a financial interest in a contract with a company that employed him and in which he also held stock. Id. at 226.
The ruling in Eden Township could be construed to suggest that an official is only "financially interested" in a contract that affects the official's compensation or continued employment.20 In light of subsequent FPPC advice letters, however, there is continued uncertainty regarding the application and interpretation of the court's 20 See also, Ansolabehere Advice Letter, FPPC No. A-15-180, 2015 WL 9680325 (2015); Devaney Advice Letter, FPPC No.
A-15-213, 2015 WL 7252462 (2015); but cf. Carney Advice Letter, FPPC No. A-16-073, 2016 WL 3212417 (2016) and Diaz Advice Letter, FPPC No. A-16-214, 2016 WL 7033000 (2016).
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations holding in Eden Township.21 As such, we recommend that public officials seek legal assistance whenever a potential Section 1090 conflict arises.
In addition to a "financial interest," there must be a contract in order for Section 1090 to apply, as described below. General contract principles apply to this determination and include such arrangements as purchase and service contracts as well as development agreements between a city and a developer (78 Ops. Cal. Att'y Gen. 230 (1995)); 82 Ops. Cal. Att'y Gen. 126, 129 n.4 (1999)), joint powers agreements (People v. Gnass, 101 Cal. App. 4th 1271, 1301 (2002)), and payments for conference attendance expenses (75 Ops. Cal. Att'y Gen. 20 (1992)).
C. A Contract "Made" by the Official or by a Body or Board of which the Official Is a Member
The third element necessary for a Section 1090 violation is that the contract has to be "made" either by the official or employee acting in his or her official capacity, or by any body or board of which the official is a member. The "making" of a contract is most commonly implicated by a city council's approval of a simple purchase order as part of the approval of a demand warrant registrar; this is likely to constitute the making of a contract within the scope of Section 1090. The courts have construed the term "made" as encompassing such elements in the formation of a contract as preliminary discussions, negotiations, compromises, reasoning, planning, and drawing of plans or specifications and solicitation for bids. Millbrae Ass'n for Residential Survival v. City of Millbrae, 262 Cal. App. 2d 222, 237 (1968). For example, in City Council of San Diego v.
McKinley, 80 Cal. App. 3d 204, 212 (1978), a court of appeal found a Section 1090 violation when a city council entered into an agreement with a landscape architectural firm, of which the president, a stockholder, was also a member of the city's parks and recreation board. The board investigated and advised the city council on parks and recreation development issues, and it approved plans for a Japanese garden for which the board member's company ultimately received the development contract. Even though the board member was not a member of the city council, which awarded the contract to his company, the board member's participation in the planning for the garden was sufficient to constitute participation in "making" the contract:
"[T]here is ample authority the negotiations, discussions, reasoning, planning, and give and take which go beforehand in the making of a decision to commit oneself must all be deemed to be a part of the making of an agreement in the broad sense. [Citation omitted.] Thus, the final execution of a contract, which is the time when the contract is technically made, is not the only time when a conflict of interest may be presented."
80 Cal. App. 3d at 212.
21 See, e.g., Diaz Advice Letter, FPPC No. A-16-214, 2016 WL 7033000 (2016) and Roy Advice Letter, FPPC No. A-16-157, 2016 WL 6565871 (2016).
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Similarly, in Stigall v. City of Taft, 58 Cal. 2d 565, 569-70 (1962), the California Supreme Court held that an impermissible conflict existed in a contract with a plumbing company owned by a council member, even though the council member resigned before the plumbing company's bid was accepted. The court recognized that activities prior to the signing of a contract can be integral to the decision to accept the contract. Id. at 569; see also Campagna v. City of Sanger, 42 Cal. App. 4th 533, 538 (1996).
2. Exceptions to Section 1090
a. "Remote Interest" Exception
There are two categories of exceptions to Section 1090. The first, encompassing what are commonly referred to as "remote interests," is set forth in Section 1091. If an official has only a remote interest in a contract, then the local agency may enter into the contract as long as the official abstains from participating in the making of the contract in any way. Although this is not an exhaustive list of the "remote interest" exceptions, a few examples of "remote interest" exceptions include the following:
• Remote interest exception for a compensated officer or employee of a nonprofit corporation (Section 1091 (b)(1));
• Remote interest exception for a person receiving a government salary, per diem, or reimbursement for expenses, even when the contract involves the department of the government entity that employs the board member (Section 1091 (b)(13));
• Remote interest exception for a litigation settlement agreement between an officer that is a party to litigation involving the body or board of which the officer is a member (Section 1091 (b)(15); and
• Remote interest exception for the owner or partner of a firm who serves as an appointed member of an unelected board or commission of the contracting agency if the owner or partner recuses himself or herself from:
(1) providing any advice to the contracting agency regarding the contract between the firm and the contracting agency; and (2) any participation in reviewing a project that results from that contract (Section 1091 (b)(17)).
The "remote interest" exception applies only if the interest is disclosed to the body that approves the contract, the disclosure is noted in that body's official records, and the official abstains from voting. Further, members with a "remote interest" may not attempt to influence any other member of the body or board of which they are members to enter into the contract.
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations b. "Non -Interest" Exception
The second category of exceptions is found in Section 1091.5. These are called "non - interest" exceptions and apply to a type of interest that is completely exempt from Section 1090 and, if held by the official, does not require abstention. Unlike the "remote interest" exceptions in Section 1091, most of the "non -interest" exceptions listed in Section 1091.5 are available to both board members and employees who are covered by the general prohibition in Section 1090. Although this is not an exhaustive list, examples of some of those exceptions are listed below:
• Non -interest exception for government salary, per diem, or reimbursement of expenses when the contract does not involve the department of the government entity that employs the officer or employee (Section 1091.5 (a)(9));
• Non -interest exception for government salary to an officer's or employee's spouse when the spouse was employed by the government entity for at least one year prior to the officer's or employee's election or appointment (Section 1091.5 (a)(6));
• Non -interest exception for a non -compensated officer of a nonprofit corporation that supports the functions of the public entity or to which the public entity is required to give particular consideration (Section 1091.5 (a) (8));
• Non -interest exception for non -salaried members of a nonprofit corporation (Section 1091.5 (a)(7));
• Non -interest exception involving the receipt of public services on the same terms as would be provided if the officer were not a member of the governmental body or board (Section 1091.5(a)(3)); and
• Non -interest exception for contracts for public services between a special district and its board members if the special district requires board members to be landowners or representatives of a landowner and the contract is made on the same terms and conditions granted to everyone else. (Section 1091.5(a)(14)). For purposes of the exception, "public services" include the powers and purposes generally provided pursuant to provisions of the Water Code relating to irrigation districts, California water districts, water storage districts, or reclamation districts.
3. A Contract Made in Violation of Section 1090
is Void and Officials Violating Section 1090 Are Subject to Severe Penalties
Finally, it is important to note the extreme consequences of a Section 1090 violation and thus the caution with which persons must act to ensure compliance with this law. A public official who willfully violates any of the provisions of Section 1090 "is punishable Summary of Principal Conflicts of Interest Laws and Regulations Page 31 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations by a fine of not more than $1,000, or by imprisonment in the state prison, and is forever disqualified from holding any office in this state." § 1097. The civil fines applicable to Section 1090 violations now can be up to the greater of $10,000 or three times the value of the financial benefit received by the defendant for each violation. § 1097.3(a). In addition, a contract made in violation of Section 1090 is void under Section 1092.
People ex rel. State v. Drinkhouse, 4 Cal. App. 3d 931, 935 (1970) ("[A] contract in which a public officer is interested is void, rather than voidable as the statute indicates."). As with the Political Reform Act, acting on the advice of counsel is not a defense to a Section 1090 violation. See People v. Chacon, 40 Cal. 4th 558 (2007); Chapman v.
Superior Court, 130 Cal. App. 4th 261 (2005).
Given these consequences, it is advisable for public officials to be very cautious in deciding whether they may participate in a contracting decision based on the existence of a "non -interest exception," whether they must abstain from those decisions based on the application of a "remote interest" exception, or whether their financial interest lies outside any exception and therefore precludes the public entity from entering into the contract altogether.
4. Aiding and Abetting Section 1090 Violations
In 2014, the California Legislature adopted Senate Bill 952, which added a subsection (b) to Government Code Section 1090, which now reads: "An individual shall not aid or abet a Member of the Legislature or a state, county, district, judicial district, or city officer or employee in violating subdivision (a)" of Section 1090. The Legislature added a similar provision to Section 1093 such that a person "shall not aid or abet the Treasurer, Controller, a county or city officer, or their deputy or clerk" in purchasing or selling "warrants, scrip, orders, demands, claims, or other evidences of indebtedness" for personal gain. § 1093. The Legislature also added a penalty for these crimes to Section 1097, which applies when a person "willfully aids or abets an officer or person in violating" Section 1090 or certain other conflict provisions. In light of these new provisions, city officers and employees must be careful to avoid "aiding and abetting" a Government Code Section 1090 violation.
5. Seeking FPPC Advice on Section 1090
In 2013, the State Legislature adopted Assembly Bill 1090, which amended the enforcement provisions applicable to Government Code Section 1090. With the adoption of AB 1090, a person who is subject to the prohibition in Government Code Section 1090 may request advice and/or a formal opinion from the FPPC. § 1097.1(c).
Opinions or advice must be requested prior to any action being taken, as the FPPC cannot issue options or advice based on past conduct. § 1097.1(c)(2). Such advice is admissible as evidence of good faith conduct by the requester if the requester truthfully disclosed all material facts and relied on the advice or opinion of the FPPC. § 1097.1 (c).
In addition, the FPPC is now authorized to enforce the prohibition in Government Code Section 1090 through administrative or civil actions. § 1097.1 (a).
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6. Statute of Limitations for Section 1090 Violations
The statute of limitations for bringing a criminal prosecution under Section 1090 is three years from the discovery of the violation. People v. Honig, 48 Cal. App. 4th 289, 304 (fn. 1) (1996); Penal Code §§ 801, 803(c). However, under Government Code Section 1092, a four-year statute of limitations applies to actions brought under Section 1090 to invalidate a contract. This four-year statute of limitations begins to run from the date that the plaintiff has discovered the violation, or in the exercise of reasonable care, should have discovered the violation. A four-year statute of limitations also applies to civil actions brought by the FPPC. § 1097.3(c).
C. Common Law Doctrine Against Conflicts of Interest
The common law doctrine against conflicts of interest constitutes the courts' expression of the public policy against public officials using their official positions for their private benefit. See Terry v. Bender, 143 Cal. App. 2d 198, 206 (1956). This doctrine provides an independent basis for requiring public officials and employees to abstain from participating in matters in which they have a financial interest. Violation of the doctrine can amount to official misconduct and can result in loss of office. Nussbaum v. Weeks, 214 Cal. App. 3d 1589 (1989) .
By virtue of holding public office, an elected official "is impliedly bound to exercise the powers conferred on him with disinterested skill, zeal, and diligence and primarily for the benefit of the public." Noble v. City of Palo Alto, 89 Cal. App. 47, 51 (1928). An elected official bears a fiduciary duty to exercise the powers of office for the benefit of the public and is not permitted to use those powers for the benefit of a private interest. Id.
The common law doctrine against conflicts of interest has been primarily applied to require a public official to abstain from participation in cases where the official's private financial interest may conflict with his or her official duties. 64 Ops. Cal. Att'y Gen. 795, 797 (1981). However, the doctrine also applies when specific circumstances preclude a public official from being a disinterested, unbiased decision maker for a quasi-judicial matter. In one case, a council member who voted to deny permits for a condominium project near his house was deemed to have a common law conflict of interest (i.e., bias) due to his interest in preserving his ocean view and his personal animosity toward the applicants. Clark v. City of Hermosa Beach, 48 Cal. App. 4th 1152 (1996).
However, a more recent court decision creates some uncertainty as to whether the common law doctrine should be applied when statutory conflict of interest laws already address the particular situation. In BreakZone Billiards v. City of Torrance, 81 Cal. App. 4th 1205, 1233 (2000), the court declined to construe allegations of an official's bias in a decision to constitute a conflict of interest at common law when the applicable statutes already had been construed not to create a conflict of interest in that situation. In BreakZone, the court indicated, "[w]e continue to be cautious in finding common law conflicts of interest .... We reject the application of the doctrine in this case, assuming, arguendo, it exists." 81 Cal. App. 4th at 1233.
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11. OTHER SPECIALIZED CONFLICTS OF
INTEREST LAWS AND REGULATIONS
A. Doctrine Against Holding Incompatible Offices
1. The Common Law Doctrine Against Holding Incompatible Offices In addition to Government Code Section 1099 (discussed below), a common law doctrine (that is, legal principles established over time by court decisions) applies to prevent public officials from holding multiple public offices simultaneously. The common law doctrine against incompatibility of offices arose from a concern that the public interest would suffer when one person holds two public offices which might possibly come into conflict. The California Supreme Court set forth the following test for incompatibility of offices in People ex rel. Chapman v. Rapsey, 16 Cal. 2d 636 (1940):
"Two offices are said to be incompatible when the holder cannot in every instance discharge the duties of each. Incompatibility arises, therefore, from the nature of the duties of the offices, when there is an inconsistency in the functions of the two, where the functions of the two are inherently inconsistent or repugnant, as where antagonism would result in the attempt by one person to discharge the duties of both offices, or where the nature and duties of the two offices are such as to render it improper from considerations of public policy for one person to retain both."
16 Cal. 2d at 641-42. Incompatibility of offices is not measured only by conflicts which do exist, but also by those conflicts which might arise. Chapman, 16 Cal. 2d 636, 641-42 (1940); 66 Ops. Cal. Att'y Gen. 382, 384 (1983); 64 Ops. Cal. Att'y Gen. 288, 289 (1981).
In order to determine whether two positions are in conflict, it is necessary to determine first whether the two positions are both public offices within the scope of the doctrine.
No statutory definition is given to the term "public officer." However, in Chapman, the court stated:
"[A] public office is said to be the right, authority, and duty, created and conferred by law — the tenure of which is not transient, occasional, or incidental — by which for a given period an individual is invested with power to perform a public function for public benefit ....
One of the prime requisites is that the office be created by the Constitution or authorized by some statute. And it is essential that the incumbent be clothed with a part of the sovereignty of the state to be exercised in the interest of the public."
16 Cal. 2d at 640 (citation omitted).
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Incompatibility can be triggered if the duties of the two offices "overlap so that their exercise may require contradictory or inconsistent action, to the detriment of the public interest." People ex rel. Bagshaw v. Thomson, 55 Cal. App. 2d 147, 150 (1942). Only one significant clash of duties and loyalties is required to make offices incompatible. 37 Ops. Cal. Att'y Gen. 21, 22 (1961). The policy set forth in Chapman includes prospective as well as present clashes of duties and loyalties. 63 Ops. Cal. Att'y Gen. 623 (1980) .
Abstention has not been recognized as a remedy for incompatible offices. The general rule provides:
"The existence of devices to avoid . . . [conflicts] neither changes the nature of the potential conflicts nor provides assurances that they would be employed. Accordingly, the ability to abstain when a conflict arises will not excuse the incompatibility or obviate the effects of the doctrine." 66 Ops. Cal. Att'y Gen. 176, 177 (1983) (citation omitted).
The effect of the doctrine of incompatibility of offices is that a public official who enters into the duties of a second office is deemed to have automatically vacated the first office if the two are incompatible. Chapman, 16 Cal. 2d at 644.
A list of some of the offices that the California Attorney General has found to be incompatible are as follows:
• County board of supervisors member and community college board member. 78 Ops. Cal. Att'y Gen. 316 (1995).
• Fire chief and board of supervisors member. 66 Ops. Cal. Att'y Gen. 176 (1983).
• Public utility district member and county board of supervisors member. 64 Ops. Cal. Att'y Gen. 137 (1981).
• School district trustee and council member. 73 Ops. Cal. Att'y Gen. 354 (1990).
• School board member and council member. 65 Ops. Cal. Att'y Gen. 606 (1982).
• County planning commissioner and council member. 63 Ops. Cal. Att'y Gen. 607 (1980).
• Fire chief and council member. 76 Ops. Cal. Att'y Gen. 38 (1993). • County planning commissioner and city planning commissioner. 66 Ops.
Cal. Att'y Gen. 293 (1983).
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • County planning commissioner and county water district director. 64 Ops.
Cal. Att'y Gen. 288 (1981).
• City planning commissioner and school district board member. 84 Ops.
Cal. Att'y Gen. 91 (1997).
• City manager and school district board member. 80 Ops. Cal. Att'y Gen. 74 (1997).
• School district board member and community services district board member. 75 Ops. Cal. Att'y Gen 112 (1992).
2. The Statutory Codification of the Common Law Doctrine of Incompatible Offices - Government Code Section 1099
Government Code Section 1099 is intended to create a statutory rule against holding incompatible offices. This section is not intended to expand or contract the common law rule and is intended to be interpreted based on precedent created through court decisions under the common law doctrine. Stats. 2005, c. 254 (S.B. 274), § 2.
Section 1099 provides that a public officer, including, but not limited to, an appointed or elected member of a governmental board, commission, committee or other body, shall not simultaneously hold two public offices that are incompatible as defined by the statute. Section 1099 provides that offices are incompatible when:
• Either of the offices may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over the other office or body;
• Based on the powers and jurisdiction of the offices, there is a possibility of a significant clash of duties and loyalties between the offices; or • Public policy considerations make it improper for one person to hold both offices.
As is the case under the common law doctrine, Section 1099 provides that when two public offices are incompatible, a public officer shall be deemed to have forfeited the first office upon acceding to the second office. However, Section 1099 recognizes that certain state laws or possibly local ordinances may expressly provide for the simultaneous holding of particular offices and that result would not be precluded by Section 1099.22 Section 1099 does not apply if one of the positions is a mere position of 22 See, e.g., People ex rel. Lacey v. Robles, 2020 WL 467582 (2020), which held that Section 1099's exception to the rule against holding incompatible offices if "simultaneous holding of the particular offices is compelled or expressly authorized by law" did not apply to an official serving as a mayor and a member of the board of directors for a water replenishment district, despite the fact that the city council and the water replenishment district adopted an ordinance and resolution, respectively, authorizing the official to simultaneously hold both offices. The court reasoned that (1) the Legislature's reference to "law" is "best understood as a reference to state, not local, law"; and (2) even if the reference to "law" could be understood to allow local jurisdictions to deem offices compatible notwithstanding a possible conflict in duties or loyalties, the water replenishment district lacked the authority to authorize its board members to hold incompatible offices.
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations employment rather than a public office. It also does not apply when one of the positions is a member of a legislative body that has only advisory powers. § 1099(c), (d).
B. Incompatible Outside Activities
Government Code Section 1 126(a) provides, in relevant part:
"[A] local agency officer or employee shall not engage in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his or her duties as a local agency officer or employee or with the duties, functions, or responsibilities of his or her appointing power or the agency by which he or she is employed...."
The provisions of Section 1 126 prohibit officials and employees of a local government agency from engaging in outside employment or activities where any part of the employment or activity will be subject to approval by any other officer, employee, board or commission of the local agency. Exceptions are created to permit a public official to engage in outside employment by a private business, and to permit an attorney employed by a local agency in a non -elective position to serve on an appointed or elected governmental board of another agency. §§ 1127, 1128.
However, the court in Mazzola v. City and County of San Francisco, 112 Cal. App. 3d 141 (1980) ruled that Section 1126 provides only authorization to implement standards for incompatibility pursuant to paragraph (b) of Section 1126. The court ruled that the restrictions of Section 1126 are not self-executing because existing and future employees should have notice that specific outside activities are, or are not compatible with their duties as an officer or employee of the local agency. Thus, Section 1126 would not bar a public official from holding a position outside his or her public agency unless the public agency in which he or she serves as a public official adopts an ordinance in compliance with the requirements of Section 1126 that specifies that the two positions or activities are incompatible. Many cities have not adopted such ordinances.
In light of the court's decision in Mazzola, the Attorney General ruled that Section 1 126 did not apply to any elected official, such as a council member, since elected officials do not have an "appointing power" that can promulgate guidelines for their activities pursuant to Section 1126. However, if a local agency adopts such guidelines, they can be made applicable to officers and employees subordinate to the legislative body of the local agency, including members of advisory boards and commissions. § 1 126(a).
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations C. Successor Agency and Oversight Board Conflicts
1. Form 700s for Successor Agency and Oversight Board Members Regarding any city that adopted a resolution establishing a successor agency to the former redevelopment agency as a separate legal entity, an official who already files an annual Form 700 in his or her capacity as a city official does not need to file an Assuming Office Statement ("Assuming Office Form 700") within 30 days of assuming his or her position with the successor agency as long as these same city officials are already required to disclose all categories of economic interests. The successor agency official or employee will, however, have to file an Assuming Office Form 700 if he or she is not already required to disclose as a city official all categories of economic interests.
With respect to those successor agency officers and employees who do have an obligation to file an Assuming Office Form 700, the 30-day deadline for completing those filings is likely 30 days from the date he or she was appointed rather than 30 days after the officer or employee is sworn in to office or starts to perform duties. This means that if the successor agency was formed as a separate governmental entity, the date that the official was appointed to his or her position would be the date that the successor agency adopted its rules and regulations, established successor agency positions in those rules, and designated specific city officials to fill those positions.
However, if the successor agency appointed certain city officials to those positions at a later point in time, that later date would be the date from which the 30-day period would commence to run.
Members of an oversight board are subject to the Political Reform Act. This means oversight board members must comply with both the Act's conflict of interest disqualification and disclosure requirements. Oversight board members who do not also hold a concurrent city position need to file an Assuming Office Form 700 within 30 days of their appointment. For example, the appointees of the county, superintendent of schools, and other non -city representatives who do not concurrently hold a city position, should file an Assuming Office Form 700 as an oversight board member with the city clerk. Similarly, if one or both of the mayor's appointees do not concurrently hold a position with the city requiring disclosure of economic interests in all categories, they should file an Assuming Office Form 700 within 30 days of their appointment.
However, if a person appointed by the mayor to represent the city on the oversight board or any other appointee to the oversight board concurrently holds a position with the city that is already required to broadly disclose in all categories, these persons would not be required to file an Assuming Office Form 700 under the FPPC staff rationale noted above.
2. Obligation of Successor Agencies to Adopt Conflict of Interest Codes
The Act requires that local government agencies must adopt a conflict of interest code. An exception applies for those agencies where all of its officials and employees are already required to file Statements of Economic Interests as city officials. In the Summary of Principal Conflicts of Interest Laws and Regulations Page 38 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations case of a successor agency, some members of its oversight board will not be city officials or employees. For example, the county, school district, county superintendent, and community college appointees are most likely not going to be current city officials or employees. Consequently, the successor agency must adopt a conflict of interest code that includes the oversight board.
3. City Councils are the Code Reviewing Bodies for the Successor Agency's Conflict of Interest Code
Section 82011 (c) provides that for "city agencies," the code reviewing body is the city council.
The term "city agencies" is not defined in the Act but has been interpreted by the FPPC to mean local government agencies located solely within the boundaries of one city.
In the past, the FPPC has interpreted a redevelopment agency as being a "city agency" and the city council as being the code reviewing body for the redevelopment agency. In the case of a successor agency of a former redevelopment agency that operates solely within the boundaries of one city, the successor agency will not have a jurisdictional boundary that extends beyond the boundary of the city. Consequently, the city council of the city in which the former redevelopment agency operated will be the code reviewing body for the successor agency.
The city council, as the code reviewing body, is required to review and approve the successor agency's conflict of interest code not later than six months from the date the successor agency came into existence. § 87303. However, we recommend that this step be completed prior to that deadline for reasons mentioned below. Thus, it is appropriate to place the successor agency's conflict of interest code on a city council agenda for approval soon after the successor agency has adopted it.
4. The City Council May Designate the City Clerk as the Filing Officer for the Successor Agency's Statements of Economic Interests The term "filing officer" is defined in the Act to be the office or officer with whom any statement or report is required to be filed under this title. § 82027, Regulation 18115. In determining where Form 700s are to be filed for officials of a successor agency, the city council, as the code reviewing body, may designate whether the "agency" (successor agency) or the "code reviewing body" (city council) is to be the entity with which Form 700s are filed. § 87500(p). Once that designation is made, the duty to perform the functions of filing officer must be delegated to an individual in either entity such as the city clerk, pursuant to Regulation 18227. The person designated becomes the "filing officer." Regulation 18227 provides that every entity with whom forms are filed shall assign to a specific official the responsibility for receiving and forwarding reports filed pursuant to Section 87500 (including Form 700s). Once assigned, the filing officer has a duty to supply Form 700s, review submitted Form 700s for completeness, and notify all persons who have failed to file forms and report violations to appropriate agencies.
See § 81010, Regulations 181 15.1, 181 15.2.
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Thus, the city clerk or the successor agency secretary will most likely be the filing officer for the successor agency but such designation will ultimately be determined by the city council when acting as the code reviewing body for the successor agency's conflict of interest code. In the action to approve the successor agency's conflict of interest code, the city council should approve the successor agency's designation of the city clerk or successor agency secretary to be the filing officer for the successor agency's officials. In the meantime, it is appropriate for the city clerk or successor agency secretary to begin performing the duties of the filing official for the successor agency even though such designation will not be finalized until approved by the city council as the code reviewing body.
It is recommended that one of the first steps for the city clerk or successor agency secretary to undertake is to make a record of the appointment date for each officer of the successor agency and each member of the oversight board. With respect to those officials of the successor agency and oversight board that are not otherwise exempt from filing Assuming Office Form 700s for their position with the successor agency, city clerks should provide forms to those persons and facilitate the filing of those forms within the 30-day time period required. City clerks should be mindful of the more explicit obligations now set forth in Regulations 18115, 18115.1, and 18115.2.
D. Discount Passes on Common Carriers
Article XII, Section 7 of the California Constitution states:
"A transportation company may not grant free passes or discounts to anyone holding an office in this state; and the acceptance of a pass or discount by a public officer, other than a Public Utilities Commissioner, shall work a forfeiture of that office. A Public Utilities Commissioner may not hold an official relation to nor have a financial interest in a person or corporation subject to regulation by the commission."
The Attorney General has explained this provision applies in the following manner:
• The prohibition applies to public officers, both elected and non -elected, but not employees.
• The prohibition applies to interstate and foreign carriers as well as domestic carriers, and to transportation received outside California. • The prohibition applies irrespective of whether the pass or discount was provided in connection with personal or public business. • Violation of the prohibition is punishable by forfeiture of office.
There have only been a few decisions that address this constitutional prohibition. In one opinion, the Attorney General granted leave to sue two members of a city council who accepted free airline tickets to London given by Laker Airlines as part of the airline's promotion of its new Los Angeles to London service. Despite the fact that the council Summary of Principal Conflicts of Interest Laws and Regulations Page 40 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations members were unaware of the prohibition, the Attorney General allowed a quo warranto suit that subsequently settled before judgment. See, e.g., 76 Ops. Cal. Atty.
Gen. 1, 3 (1993).
In another opinion, the mayor of a city received an upgrade from a coach seat to a first class seat on Hawaiian Airlines. 76 Ops. Cal. Atty. Gen. 1 (1993). There, the mayor's ticket was one of 20 first-class upgraded tickets that the airline was allowed to provide to "high profile, prominent members of the community." At issue was whether that situation fit within an exception to the constitutional prohibition for situations when the free transportation or discount is provided to a public officer as a member of a larger group unrelated to the official's position. The Attorney General ruled that the facts did not satisfy the exception and that a violation of the prohibition had occurred.
The exception considered in that opinion stemmed out of a 1984 opinion of the Attorney General which held that a public officer could accept first-class ticket upgrades by virtue of the airline's policy to do so for all persons on their honeymoon. In 67 Ops. Cal. Atty. Gen. 81 (1984), the Attorney General concluded that a public officer, whose spouse was a flight attendant, could accept a free transportation pass or discount when such was offered to all spouses of flight attendants without distinction to the official status of the recipient.
Consequently, if the pass or discount is provided to the official because of his or her position as a governmental official, the prohibition applies. If it is provided to the official as a member of a larger group that is not related to the functions of his or her office, the prohibition may not be applicable.
E. Conflicts upon Leaving Office - the "Revolving Door" Former elected officials and former city managers are restricted from receiving compensation for lobbying their city for one year after they leave public office. This restriction also applies to elected county and district officials and their chief administrative officers or general managers, but not to department directors or other public officials and employees. § 87406.3(a). A violation of the statute constitutes a misdemeanor, and the FPPC is authorized to impose administrative fines and penalties for its violation. § 91000.
The type of lobbying subject to the ban includes both formal and informal appearances before a local agency and making any oral or written communication to the agency. The statute proscribes the appearances and communications if they are made to influence administrative or legislative action, or affect the issuance, amendment, awarding or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. § 87406.3(a).
The term "administrative actions" within the scope of the lobbying ban includes "the proposal, drafting, development, consideration, amendment, enactment, or defeat by any local government agency of any matter, including any rule, regulation, or other action in any regulatory proceeding, whether quasi -legislative or quasi-judicial." However, matters that are "solely ministerial" are expressly excluded from the Summary of Principal Conflicts of Interest Laws and Regulations Page 41 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations prohibition. § 87406.3(d) (1). The type of "legislative action" within the scope of the ban includes:
"the drafting, introduction, modification, enactment, defeat, approval, or veto of any ordinance, amendment, resolution, report, nomination, or other matter by the legislative body of a local government agency or by any committee or subcommittee thereof, or by a member or employee of the legislative body of the local government agency acting in his or her official capacity." § 87406.3(d)(2). The lobbying ban does not apply to any public official who is appearing or communicating on behalf of another local governing body or public agency of which the individual is a board member, officer or employee. § 87406.3(b)(1). Therefore, if such former elected city official or former city manager is contacting his or her city on behalf of the state, a county, a school district or some other governmental entity (in his or her capacity as a board member, officer, or employee), such activity is not precluded by the ban. Effective January 1, 2018, however, the lobbying ban does apply for the initial year if the former elected city official or former city manager serves another public agency as an independent contractor and appears or communicates on behalf of that agency in front of the agency that the person originally served. § 87406.3(b)(2). Such activity would be prohibited for the first year after leaving office or employment with the original agency.
Some cities have their own preexisting "revolving door" ordinances that regulate the lobbying activities of their former public officials. This state law expressly does not preempt those ordinances or prevent cities from adopting additional ordinances on the subject in the future, provided those ordinances are more restrictive than the state law. § 87406.3(c). Thus, the law merely sets a new minimum standard applicable to all cities.
F. Laws Prohibiting Bribery
A number of state statutes prohibit bribery of public officials. Specifically, it is illegal to give or offer to give a bribe to a public official, or for a public official to ask for, receive, or agree to receive any bribe. Penal Code §§ 67, 68. Under a strict reading of these statutes, Penal Code Section 68 applies to bribery of a "ministerial officer, employee, or appointee," and Penal Code Section 67 applies only to bribery of an "executive officer in this state," but the courts have interpreted both statutes as having a broad scope applicable to public officials generally. People v. Hallner, 43 Cal. 2d 715, 717 (1954) (observing that Penal Code Section 67, despite its wording, is "all inclusive" and includes city officials, and that "[b]y the sixty-seventh section the offense defined is that of one who offers; by the sixty-eighth, that of one who receives a bribe"); People v.
Strohl, 57 Cal. App. 3d 347, 360 (1976) ("Numerous California Supreme Court and appellate court decisions since 1954 have held that `executive officers' of various levels of local government, including the county level, as herein involved, come within [Penal Code] Section 67.").
The Legislature also expressly made bribery of council members and supervising officials a crime, as well as solicitation of bribes by council members and supervisors. Penal Code § 165. Another statute makes it a crime for anyone to attempt to bribe "any Summary of Principal Conflicts of Interest Laws and Regulations Page 42 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations person who may be authorized by law to hear or determine any question or controversy." Penal Code § 92. Considered together, these statutes cover the spectrum of public officials.
The term "bribe" signifies anything of value or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence, unlawfully, the person to whom it is given, in his or her action, vote, or opinion, in any public or official capacity. Penal Code § 7(6). Note that under all of the bribery statutes, it is not only the actual giving or accepting of a bribe that is criminal; merely offering to give or receive a bribe constitutes a violation of law. See, e.g., People v. Pic'I (1982) 31 Cal. 3d 731, 739 (noting that a "meeting of the minds" is unnecessary for a bribery conviction).
A public officer forfeits his office if he requests, receives, or agrees to receive a bribe.
Penal Code § 68. In addition, every officer convicted of any crime defined in the Penal Code sections pertaining to bribery and corruption is forever disqualified from holding any office in the state. Penal Code § 98.
Note also that bribery and soliciting bribery potentially violate not only the Penal Code, but also the conflict of interest statutes. For example, in Terry v. Bender, 143 Cal. App. 2d 198 (1956), a court of appeal held that a council member violated Government Code Section 1090 when he solicited and received a bribe from an attorney in exchange for the council member's vote to employ the attorney with the city. 143 Cal.
App. 2d at 207 (observing that by accepting the bribe, the council member "had placed himself in a position of economic servitude" in violation of Section 1090).
Because the bribe "restricted the free exercise of the discretion vested in him for the public good," there was an impermissible conflict of interest.
G. Campaign Contributions
1. Conflicts of Interests Arising on Appointed Boards and Commissions
The Political Reform Act contains restrictions on the receipt and solicitation of campaign contributions. Under a portion of the Act known as the "Levine Act," a public agency official may not participate in decisions affecting individuals or entities who have given the official more than $250 in campaign contributions within the past 12 months. § 84308. However, a city council is not considered an "agency" for purposes of the statute. § 84308(a) (3). This disqualification therefore does not apply to a council member when participating in a decision of the council. It also does not apply to a council member who sits on the board of another agency of the city if the governing board of that agency is made up entirely of members of the city council when that member is participating in a decision of that agency. Regulation 18438.1 (a) (1). However, it does apply to a council member when that person is serving on the board of a joint powers authority. Importantly, this prohibition applies to planning commissioners and other officers of the public entity who are not directly elected by Summary of Principal Conflicts of Interest Laws and Regulations Page 43 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations the voters. Thus, planning commissioners must comply with the restrictions in Government Code Section 84308.
The Act also classifies campaign contributions differently than other financial interests.
As discussed previously, the Act requires that public officials abstain from government decisions in which they have a financial interest, with certain exceptions. § 87100. A public official generally has a proscribed financial interest in a decision if it is reasonably foreseeable that the decision will have a material financial effect on (among other things): (i) a source of income aggregating $500 or more in value during the 12 months prior to the decision; or (ii) a donor of a gift or gifts aggregating $520 or more in value during the 12 months prior to the decision. § 87103(c), (e); Regulations 18700, 18940.2.
Campaign contributions, however, are not considered a "financial interest" for purposes of this disqualification because they are neither "income" nor a "gift" within the meaning of the statute. §§ 82028(b) (4), 82030(b)(1). This disqualification therefore is not triggered as a result of a council member's receipt of a campaign contribution.
In other words, council members acting in their capacity as elected council members are not prohibited from acting on a matter which involves someone who has given them a political contribution. Regulation 18438.1(a). For example, the California Supreme Court ruled that Los Angeles City Council members were not disqualified from voting on a subdivision map by reason of receiving campaign contributions from the applicants and their agents. Woodland Hills Residents Ass'n, Inc. v. City Council, 26 Cal. 3d 938, 945 (1980) ("Plaintiffs' accusation that receipt of a campaign contribution inevitably results in an appearance of bias or prevents a fair hearing is unwarranted.").
Similarly, a court of appeal concluded that Torrance City Council members were not disqualified from voting on a conditional use permit application by reason of receiving campaign contributions from a party alleged to be in opposition to the application.
BreakZone Billiards v. City of Torrance, 81 Cal. App. 4th 1205 (2000).
Receipt of a campaign contribution can, however, disqualify a public official who serves on more than one public body. For example, under the Levine Act, a council member acting on behalf of an agency other than the city must abstain from a license, permit or other use entitlement decision involving an applicant, proponent or opponent who has made a contribution to the council member's campaign in excess of $250 within the preceding 12 months. The fact of the campaign contribution must also be disclosed prior to the abstention. This disqualification is inapplicable, however, if the campaign contribution is returned within 30 days of receipt. § 84308(c).
2. Application of Federal Corruption Laws to the Offer or Solicitation of Illegal Campaign Contributions Tied to an Official Act Another exception to the general rule that campaign contributions do not preclude an official from voting on a matter affecting a campaign contributor is the application of federal corruption laws to situations where the receipt of illegal, laundered or unreported campaign contributions are tied to an official act. In one case arising out of the City of San Diego, two council members were charged and convicted of wire fraud for conspiring to change the city's ordinance regulating adult -oriented businesses in exchange for campaign contributions from an adult -oriented business that had been Summary of Principal Conflicts of Interest Laws and Regulations Page 44 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations illegally "laundered" through contributions made by residents of the city or which had been unreported and which constituted bribes. See United States v. Inzunza, 303 F.
Supp. 2d 1041, 1043 (S.D. Cal. 2004) for a list of the charges; the case was referred to in the press as the San Diego "Strip pergate" case. The charges included the alleged use of wire communications in interstate commerce in furtherance of the alleged conspiracy to defraud the public of their intangible right to honest service, in violation of 18 U.S.C. §§ 1951 (the Hobbs Act) and 1952 (Interstate Transportation in Aid of Racketeering). One of those convictions was later overturned. However, the case points out that direct connections between official acts and illegal or unreported campaign contributions may result in charges of bribery under California law and a violation of certain federal wire fraud and racketeering laws.
3. Ban on Local Agency Officials and Employees Soliciting Campaign Contributions from Officials and Employees of the Same Agency In an effort to avoid local agency public employees being drawn into local political campaigns or having their positions become the subject of political reward or retribution, California law contains a prohibition on the solicitation of campaign contributions by a local agency official or employee of other officials or employees within the same local agency. Section 3205 prohibits an officer or employee of a local agency from soliciting political contributions from an officer or employee of that same local agency. The prohibition applies to incumbents seeking re-election and to non - incumbent candidates for local agency office. An exception exists for broad general public solicitations to a "significant segment of the public" that also include some local agency officials and employees of that agency. § 3205(c). No definition exists as to what constitutes a significant segment of the public. In the context of conflict of interest provisions in the Political Reform Act, that term now is defined to include segments of the local agency population such as 25 percent of all individuals within an official's jurisdiction (Regulation 18703), and, in the absence of any court interpretation of the law, that standard provides some guidance on what may be a sufficiently broad solicitation to come with the scope of the exception. Violation of the prohibition is punishable as a misdemeanor and may be prosecuted only by the County District Attorney. § 3205(d).
4. Nepotism
One other potential source of a conflict of interest is a governmental decision that affects a family member. If a public official's relative has an application before the government agency on which the public official serves, the public official would potentially have an improper incentive to approve the relative's application. Because the financial interests of a public official's spouse and dependent children (children under 18 years of age who are dependent financially on their parents) are attributed to the public official under the Political Reform Act and Section 1090, participation in decisions financially benefiting spouses and dependent children is limited. §§ 82030, 87103; Thorpe v. Long Beach Community College Dist., 83 Cal. App. 4th 655 (2000) (holding that Section 1090 prohibited a community college district board from voting to approve the promotion of the spouse of a board member). If the approval did not Summary of Principal Conflicts of Interest Laws and Regulations Page 45 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations require a decision by the legislative body, however, the public entity could still potentially approve an application or make a decision if the related public official did not participate.
With respect to adult children and more extended family members, the Political Reform Act and Section 1090 would not automatically apply in the absence of some financial relationship between the public official and the adult child or extended family members.23 Currently, state law only prohibits such "extended family" interests for the governing boards of school districts. Educ. Code § 35107(e). Under that statute, a school board member must abstain from participating in personnel matters that uniquely affect his or her relative. "Relative" is defined as an adult who is related to the official by blood or affinity within the third degree, or in an adoptive relationship within the third degree. There is no comparable statute for cities and counties, but some local governments have established similar restrictions through ordinances or policies.
The issue of familial relations comes up more frequently in the context of personnel decisions, as when a public entity prohibits the hiring of relatives of public officials or employees. Such anti -nepotism policies are generally upheld by the courts. For example, in Parsons v. County of Del Norte, 728 F. 2d 1234 (9th Cir. 1984), the Ninth Circuit upheld a county policy prohibiting spouses from working in the same department. The Ninth Circuit held that the policy did not violate the Equal Protection and Due Process clauses of the U.S. Constitution and was rationally related to a legitimate government interest: avoidance of conflicts of interest and favoritism in employee hiring, supervision and allocation of duties. See also Kimura v. Roberts, 89 Cal. App. 3d 871, 875 (1979) (upholding a policy prohibiting spouses from serving on both the city council and planning commission, reasoning that "the finding of the mayor and the city council that an actual or implied conflict of interest existed, is eminently rational, practical and legally sound").
Note, however, that state law prohibits the application of anti -nepotism rules to spouses in some circumstances. The Fair Employment and Housing Act prohibits an employer from making an employment decision based on whether an employee or applicant has a spouse presently employed, except in two specific situations:
• For business reasons of supervision, safety, security or morale, an employer may refuse to place one spouse under the direct supervision of the other spouse.
• For business reasons of supervision, security or morale, an employer may refuse to place both spouses in the same department, division or facility if the work involves potential conflicts of interest or other hazards greater for married couples than for other persons.
2 C.C.R. § 1 1057(a) (emphasis added).
23 Davies Advice Letter, No. 1-90-329, 1990 WL 698051 (1990).
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Accordingly, any anti -nepotism policy that a city or county adopts must not apply to the hiring of spouses, except in cases of direct supervision, where greater conflicts or hazards occur for married persons, or where a conflict of interest statute applies.
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations III. LAWS AND REGULATIONS AFFECTING
RECEIPT OF GIFTS, HONORARIA AND
LOANS
The PRA provisions and other conflict of interest laws discussed above do not prohibit a public official from having an interest in a business or real property. Instead, they merely limit the official's ability to participate in governmental decisions that would materially affect those interests.
There are additional restrictions in the PRA, however, with regard to certain gifts, honoraria and loans. The statute precludes local officials (including council members and planning commissioners) from receiving certain gifts, honoraria and loans. These prohibitions apply whether or not the source of the gift, honorarium or loan is or will ever be affected by a decision of the official's agency. This section outlines these prohibitions.
A. Limitations on Receipt of Gifts
1. General Gift Limitation
Government Code Section 89503(a) provides: "No elected state officer, elected officer of a local government agency, or other individual specified in Section 87200 shall accept gifts from any single source in any calendar year with a total value of more than [$520]." (The gift limit amount has been adjusted in accordance with Regulation 18940.2.) Officials listed in Section 87200, in turn, include mayors, council members, planning commissioners, city managers, city attorneys, city treasurers, chief administrative officers and other public officials who manage public investments, and candidates for any of these offices.
A similar limitation prohibits a city employee designated in a local conflict of interest code from accepting gifts from a single source totaling more than $520 in value in any calendar year, if the gifts would be required to be reported on his or her statement of economic interests. § 89503(c).
2. Biennial Gift Limit Adjustment
The Act authorizes the FPPC to make an inflationary adjustment of the gift limitations set forth in Section 89503 every two years. § 89503(f). The most recent adjustment became effective on January 1, 2021, wherein the gift limit increased to $520. Regulation 18940.2. This figure will be further adjusted in future odd -numbered years.
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3. Exceptions to Gifts
None of the following is a gift and none is subject to any limitation on gifts (Regulation 18942):
a. Informational Materials
Informational materials such as books, reports, calendars, audio and video recordings, scale models, maps, free or discounted admission to informational conferences or seminars, and on -site demonstrations, tours or inspections that are provided to convey information for the purpose of assisting the official in the performance of official duties are not considered gifts. The cost of transportation for on -site demonstrations, tours or inspections may fall into this exception in particular situations. Regulations 18942(a)(1), 18942.1.
b. Returned Gifts
Except for passes and tickets as provided for in Regulation 18946.1, a gift that is not used and that, within 30 days of receipt, is returned, donated, or for which reimbursement is paid pursuant to Regulation 18941, is not a gift. The donation of a gift under this exception must be to either a 501(c) (3) charitable organization with which the official or a member of his or her family holds no position or to a government agency, without being claimed as a tax deduction. Regulation 18942(a) (2).
C. Family Gifts
A payment from an individual's family member is not considered a gift unless the donor is acting as an agent or intermediary for any other person. The family members included in this exception are a spouse or former spouse, child or step -child, parent, grandparent, grandchild, brother, sister, current or former parent -in-law, current or former brother-in-law, current or former sister-in-law, nephew, niece, aunt, uncle, grand nephew, grand niece, grand aunt, grand uncle, first cousin or first cousin once removed, or the current or former spouse of any such person other than a former in-law.
Regulation 18942(a)(3).
d. Campaign Contributions
Campaign contributions that are reported in accordance with separate provisions of the Act are not considered gifts. Regulation 18942(a)(4). e. Inherited Money or Property
Devises or inheritances of any kind are not considered gifts. Regulation 18942(a) (5).
L Awards
A personalized plaque or trophy with an individual value of less than $250 is not a gift.
Regulation 18942(a)(6).
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations g. Home Hospitality
The cost of home hospitality is not considered a gift unless any part of the cost is paid directly or reimbursed by another person, any person deducts any part of the cost as a business expense on a tax return, or the host has an understanding with someone else that any amount of compensation the host receives from that person includes a portion to be utilized to provide gifts of hospitality. Regulation 18942(a)(7). "Home hospitality" is defined as any benefit received by the official, and the official's spouse and family members when accompanying the official, which is provided by an individual with whom the official has a relationship, connection, or association unrelated to the official's position and the hospitality is provided as part of that relationship, connection, or association in the individual's home when the individual is present. Home hospitality includes entertainment, occasional overnight lodging, and any food, including food provided by other guests at the event and benefits received by the official when the official serves as the host. In determining where this exception is available, the official is to presume that the cost of the hospitality is paid by the host unless the host discloses to the official or it is clear from the surrounding circumstances that someone other than the host paid the cost or part of the cost of the hospitality. Regulation 18942.2.
A "home" includes a vacation home owned, rented, or leased by the individual for use as his or her residence, including in some cases a timeshare or a motor home or boat owned, rented, or leased by the individual for use as his or her residence. "Home" also includes any facility in which the individual has a right -to -use benefit by his or her home residency, such as a community clubhouse. Regulation 18942.2. h. Presents on Personal or Family Occasions
Benefits commonly exchanged between an official and an individual, other than a lobbyist, on holidays, birthdays, or similar occasions are not gifts as long as the presents exchanged are not substantially disproportionate in value. For purposes of this exception, "benefits commonly exchanged" includes food, entertainment, and nominal benefits provided to guests at an event by an honoree or other individual, other than a lobbyist, hosting the event. Regulation 18942(a) (8) (A). i. Reciprocal Exchanges
Reciprocal exchanges made in a social relationship between an official and another individual who is not a lobbyist and with whom the official participates in repeated social events are not gifts where the parties typically rotate payments on a continuing basis so that, over time, each party pays for approximately his or her share of the costs of the continuing activities. The repeated social events may include lunches, dinners, rounds of golf, attendance at entertainment or sporting events, or any other such event so long as the total value of payments received by the official within the year is not substantially disproportionate to the amount paid by the official. If the official receives much more than what he or she paid, the official has received a gift for the excess amount. This exception does not apply to any single payment that is equal to or greater than $520. Regulation 18942(a) (8) (B).
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations j. Leave Credits Donated to an Official
Leave credits, including vacation, sick leave, or compensatory time off, donated to an official in accordance with a bona fide catastrophic or similar emergency leave program established by the official's employer are not gifts as long as they are available to all employees in the same job classification or position. This exception does not include donations of cash. Regulation 18942(a) (9). k. Disaster Assistance
Payments received under a government agency program or a program established by a 501 (c) (3) organization designed to provide disaster relief or food, shelter, or similar assistance to qualified recipients are not gifts as long as such payments are available to members of the public regardless of official status. Regulation 18942 (a) (10).
I. Admission when "Speech" Made
Payment of the official's admission by the organizer of an event is exempt from the gift limitations if the official makes a "speech" at the event. Regulation 18942(a)(11). This exemption applies if the official is "making a speech, participating on a panel, or making a substantive formal presentation at a seminar or similar event." Regulation 18950(b) (2). For the purpose of the exemption, the price of admission can include food and "nominal items" including things like pens, stress balls, note pads, etc. Regulation 18942(a) (1 1).
M. Campaign Travel
The payments made to an elected officer or candidate for his or her transportation, lodging, or subsistence provided in direct connection with campaign activities, including attendance at political fundraisers, are exempt from the gift limitations.
Payments made during the six-month period prior to an election are considered "in direct connection" with the campaign activities if the payment is for necessary transportation, lodging, or subsistence and used for the officer's or candidate's participation in forums, debates or other speaking events or attendance at campaign strategy meetings with staff or consultants. Beyond this six-month period, the payment is considered a gift unless it is clear from the surrounding circumstances that the payment was made directly in connection with campaign activities. Regulations 18942(a) (12), 18950.3.
n. Ticket for Ceremonial Role
A ticket which is provided to an official and one guest of the official for his or her admission to an event where the official performs a ceremonial role on behalf of the agency is not a gift, so long as the agency reports the ticket on its Form 802. The term "ceremonial role" means an act performed at an event by the official as a representative of the official's agency at the request of the holder of the event where, for a period of time, the focus of the event is the act performed by the official.
Examples include throwing out the first pitch at a baseball game, cutting a ribbon at a library opening, or presenting a certificate or award. A city may adopt specific policies Summary of Principal Conflicts of Interest Laws and Regulations Page 51 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations to either limit or expand the permissible ceremonial roles for an official in that city, the full list of which must be forwarded to the FPPC. Any official who attends the event as part of his or her job duties to assist the official who is performing the ceremonial role has not received a gift or income by attending the event. Regulations 18942(a)(13), 18942.3.
o. Prize or Award in Bona Fide Contest or Competition
A prize or award received in a manner not related to the official's status in a bona fide contest, competition, or game of chance is not a gift. A prize or award that is not reported as a gift shall be reported as income unless the prize or award is received as a winning from the California State Lottery. Regulation 18942 (a) (14).
P. Weddings Benefits
Benefits received as a guest attending a wedding or civil union are not gifts if the benefits are substantially the same as the benefits received by the other guests attending the event. Regulation 18942 (a) (15).
q. Bereavement Offerings
Bereavement offerings typically provided in memory of and at the time of the passing of a spouse, parent, child, or sibling or other relative of the official are not gifts.
Regulation 18942(a)(16).
r. Acts of Neighborliness
A service performed as an act of ordinary assistance consistent with polite behavior in a civilized society that would not normally be part of an economic transaction between like participants under similar circumstances is not a gift. Examples of such services include the loan of an item, an occasional needed ride, personal assistance in making a repair, bringing in the mail or feeding the cat while the official is away. Individuals need not be actual neighbors for this exception to apply. Regulation 18942(a) (17).
S. Bona Fide Date or Dating Relationship
Personal benefits commonly exchanged between people on a date or in a dating relationship are not gifts. However, such benefits are gifts if the individual providing the benefit to the official is a lobbyist or otherwise has particular interests in the official's role in the agency within 12 months of the date. Even if the benefit is from such an individual, the gift is still not reportable or subject to limits but the aggregate value is subject to the conflict of interest provisions if the value is $520 or greater. Regulation 18942(a) (18) (A).
t. Acts of Human Compassion
Payments provided to an official or his or her family member by an individual to offset family medical or living expenses that the official can no longer meet without private assistance because of an accident, illness, employment loss, death in the family, or Summary of Principal Conflicts of Interest Laws and Regulations Page 52 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations other unexpected calamity are not gifts. Payments provided to an official or his or her family member to defray expenses associated with humanitarian efforts such as the adoption of an orphaned child are also not gifts. However, under this exception, the source of the donation must be an individual who has a prior social relationship with the official of the type where it would be common to provide such assistance (such as a relative, long-term friend, neighbor, co-worker or former co-worker, member of the same local religious or other similar organization, etc.), or the payment must be made without regard to official status under other circumstances in which it would be common to receive community outreach. In any case, the individual providing the benefit to the official cannot be a lobbyist or otherwise have particular interests in the official's role in the agency within 12 months of the payment. Regulation 18942(a)(18)(B).
U. Best Friends Forever
A payment provided to an official by an individual with whom the official has a long term, close personal friendship unrelated to the official's position with the agency is not a gift. However, the individual providing the benefit to the official cannot be a lobbyist or otherwise have particular interests in the official's role in the agency within 12 months of the payment. Regulation 18942(a)(18)(C).
V. Catch -All
Any other payment that would otherwise meet the definition of gift is not a gift where the payment is made by an individual who is not a lobbyist and it is clear that the payment was made because of an existing personal or business relationship unrelated to the official's position. Additionally, there can be no evidence whatsoever at the time the payment is made that the official makes or participates in the type of governmental decisions that may have a foreseeable material financial effect on the individual who is the source of the payment. Regulation 18942(a)(19).
4. Gifts to an Agency
Regulation 18944 provides a narrow exception to the normal gift reporting requirements and value limitations for gifts made directly to a public agency. A payment made to a state or local government agency that is used for official agency business is not considered a gift or income to an individual public official who is the end recipient, even though the official receives an incidental personal benefit from the payment. As such, the gift does not have to be reported by the individual and is not subject to the annual value limitation.
A payment shall be considered a gift to the public official's agency and not a gift to the public official if all of the following requirements are met: the payment must be used for official agency business; the agency head must determine and control the agency's use of the payment, including the selection of the official who will use the payment; and the agency must report the payment on a Form 801. The Form 801, which must be signed by the agency head and maintained as a public record in Summary of Principal Conflicts of Interest Laws and Regulations Page 53 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations accordance with Government Code Section 81008, must include the following information:
• Donor Information: The reporting form requires not only the donor's name, but also his or her address, and must identify any other persons who contributed to the gift, as well as the amount each person contributed. If the donor is not an individual, the report must describe the business activity or nature of the entity giving the gift.
• Description of Payment: The form requires a description of the payment, the date it was received, the intended purpose and the amount of the payment or the actual or estimated fair market value of the goods or services provided, if the amount is unknown.
• Recipient Information: The form also requires that the agency specify the name, title, and department of the agency official who used the payment.
Regulation 18944(c) (3). For any quarter year period in which the payments received by the agency aggregate to $2,500 or more since the last filing, a local agency must submit a copy of the form or a detailed summary of the information to its filing officer within 30 days after the close of the quarter. Thereafter, the filing officer must post a copy of the form or the information in a "prominent fashion" on its website within 30 days after the close of the quarter. If the local agency does not maintain a website, the agency must send its Form 801 to the FPPC, which will post the document on its own website. Regulation 18944(d).
5. Gifts to an Official's Family
Regulation 18943 governs gifts to an official's or candidate's family. This regulation was substantially revised in late 2009 and again in 2011. Regulation 18943 adds new definitions and requirements that public officials should carefully review.
Regulation 18943 adds definitions for an official's "family member," which includes an official's spouse or registered domestic partner, a dependent child, and an official's child. "Dependent child" means a child (including an adoptive child or stepchild) of a public official who is under 18 years old and whom the official is entitled to claim as a dependent on his or her federal tax return. Regulation 18229.1. An "official's child" (including an adoptive child or stepchild) means a child who meets all of the following criteria:
• The child is at least 18 but no more than 23 years old and is a full-time or part-time student;
• The child has the same principal residence as the official. For purposes of this provision, a place, located away from the official's residence, at which the child resides for the purpose of attending school is not the child's "principal place of residence"; and
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • The child does not provide more than one-half of his or her own support.
Gifts to Both an Official and One or More Family Members. A single gift to both an official and one or more members of the official's family is a gift to the official for the full value of the gift. See "Wedding Gifts" section below for a particular exception to this rule.
Gifts Solely to Family Members. A gift given solely to a member of an official's family is a gift to the official, when there is no established working, social, or similar relationship between the donor and the official's family member that would suggest an appropriate association for making such a payment. A gift given to a member of an official's family is also a gift to the official if there is evidence to suggest the donor had a purpose to influence the official, such as when:
• The donor is a lobbyist, lobbying firm, lobbyist employer, or other similar person and is registered to lobby the official's state agency; • The donor is involved in an action or decision before the local or state government agency in which the official will reasonably foreseeably participate, or in an action in which he or she has participated within the last 12 months; or
• The donor has a contract with the official's agency or the donor engages in a business that regularly seeks contracts with, or licenses, permits or other entitlements from, and the official may reasonably foreseeably make or participate in such a decision or has participated in such a decision within 12 months of the time the gift is made, unless the donor has less than 10 percent interest in the business contracting with or appearing before the agency.
6. Invitation -Only Events
When an official and one of his or her guests attends an invitation -only event such as a banquet, party, gala, celebration, or other similar function, other than a nonprofit or political fundraiser as set forth in Regulation 18946.4, the value received is the official's and the guest's pro-rata share of the cost of the food, catering services, entertainment, and any item provided to the official and guest that is available to all guests attending the event. Regulation 18946.2(b). A calculation of the pro-rata share means the total cost of the list expenses above, divided by the number of acceptances or the number of attendees at the event. Any other specific benefit provided to the official and guest at the event, such as golf green fees, is valued at fair market value. Regulation 18946.2(b).
a. Official or Ceremonial Functions
When an official performs an official or ceremonial function at an invitation -only event in which the official is invited to participate by the event's sponsor or organizer to perform an official or ceremonial function, the value received is the pro-rata cost of Summary of Principal Conflicts of Interest Laws and Regulations Page 55 © 2021 Richards, Watson & Gershon
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Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations any meal provided to the official and guest, plus the value of any specific item that is presented to the official and his or her guest at the event. Regulation 18946.2(d). b. Drop -In Visit
Except for an event sponsored by a lobbyist, lobbying firm, or lobbyist employer, if an official attends an invitation -only event and does not stay for any meal or entertainment otherwise provided at the event, receiving only minimal appetizers or drinks, the value of the gift received is the value of any specific item, other than food, that is presented to the official and his or her guest at the event. For purposes of this regulation, "entertainment" means a feature show or performance intended for an audience and does not include music provided for background ambiance. Regulation 18946.2(e).
C. Lobbyists, Lobbying Firms, and Lobbyist Employers
Where an official attends an invitation -only event sponsored by a lobbyist, lobbying firm, or lobbyist employer, the value of the gift is the pro-rata share of the cost of the event. Regulation 18946.2(b), 18640. If the official notifies the lobbyist, lobbying firm, or lobbyist employer that the official attended the event but that he or she did not stay for any meal or entertainment, receiving only minimal appetizers and drinks, the value of the gift received is the value of any specific item (other than food) that is presented to the official and the official's guest at the event. Regulation 18640(b). Again, the term "entertainment" means a feature show or performance intended for an audience and does not include music provided for background ambiance. Regulation 18640.