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Local Assistance Procedures Manual Exhibit 12-G
Required Federal -Aid Contract Language
I. General
II. Nondiscrimination
III. Non -segregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States -Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
LGENERAL
1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency
contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. 23 CFR 633.102(e).
Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or
services) in accordance with 23 CFR 633.102. The design - builder shall be responsible for compliance by any
subcontractor, lower -tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation -for -bids or request -for -proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a
construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).
3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal -aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the
FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.
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Local Assistance Procedures Manual
Exhibit 12-G
1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract.
The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the following statement:
"it is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre - apprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual
responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained.
The meetings will be conducted by the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
Required Federal -Aid Contract Language
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means meetings, employee handbooks, or other appropriate means.
4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.
Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
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Local Assistance Procedures Manual
Exhibit 12-G
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the- job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.
Required Federal -Aid Contract Language
8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.
10. Assurance Required:
a. The requirements of 49 CFR Part 26 and the State DOT's FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non - responsible.
c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements.
Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number and work hours of minority and non -minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.
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Local Assistance Procedures Manual
Exhibit 12-G
b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal - aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal -aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA-1273 format and FHWA program requirements.
Required Federal -Aid Contract Language
1. Minimum wages (29 CFR 5.5)
a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph
1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(ii) The classification is utilized in the area by the construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
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Local Assistance Procedures Manual
Exhibit 12-G
(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
2. Withholding (29 CFR 5.5)
The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis - Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
Required Federal -Aid Contract Language
3. Payrolls and basic records (29 CFR 5.5)
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described it section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division Web site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be provided under 29 CFR
5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3;
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Local Assistance Procedures Manual
Exhibit 12-G
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees (29 CFR 5.5)
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
Required Federal -Aid Contract Language
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.
The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.
Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.
In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
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Local Assistance Procedures Manual
Exhibit 12-G
d. Apprentices and Trainees (programs of the U.S. DOT)
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act
requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29 CFR
5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of eligibility (29 CFR 5.5)
a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
Re uired Federal -Aid Contract Lan ua e
V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1 of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 29 CFR
5.5. * $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may be adjusted annually by the Department of Labor; pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990).
3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 29 CFR 5.5.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 29 CFR 5.5.
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Local Assistance Procedures Manual
Exhibit 12-G
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.
1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term "perform work with its own organization" in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions:
(based on longstanding interpretation)
(1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long-standing interpretation of 23 CFR 635,116).
Required Federal -Aid Contract Language
5. The 30-percent self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal -aid construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).
Vill. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
This provision is applicable to all Federal -aid construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
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Local Assistance Procedures Manual
Exhibit 12-G
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR
200.88; EO 11738)
This provision is applicable to all Federal -aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.326.
By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.
The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.326.
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220.
1. Instructions for Certification — First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
Required Federal -Aid Contract Language
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. "First Tier Covered Transactions" refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website
ht s:ll www.sam.4oy/) . 2 CFR 180.300, 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
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Local Assistance Procedures Manual
Exhibit 12-G
j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.
Required Federal -Aid Contract Language
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," 'participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 — 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant' refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https:H www.sam.aovJ) , which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
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Local Assistance Procedures Manual
Exhibit 12-G
i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355;
(b) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(c) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements)
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS
FOR LOBBYING
This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
Required Federal -Aid Contract Language
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES -FLAG VESSELS:
This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is acquired for a specific Federal -aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded -contract.
When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal - aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on -board' commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of - lading) and to the Office of Cargo and Commercial Sealift (MAR- 620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.
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CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
CONTRACT
for
1-151 FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II
PROJECT NO. PW16-01 (REBID)
FEDERAL PROJECT NO. INFRALUL-5459(031)
Exhibit B
Davis -Beacon Wage Rates
"General Decision Number: CA20220025 10/07/2022
Superseded General Decision Number: CA20210025
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Riverside County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).
IIf the contract is entered 1
Tinto on or after January 30,
12022, or the contract is
renewed or extended (e.g., an
]option is exercised) on or
lafter January 30, 2022: I
I I
[ 1
i I
I I
I I
I I_
IIf the contract was awarded onf
Ior between January 1, 2015 andl
(January 29, 2022, and the
Icontract is not renewed or !
lextended on or after January 1
130, 2022:
i !
1 1
1 _I..
Executive Order 14026
generally applies to the
contract.
The contractor must pay
all covered workers at
least $15.00 per hour (or
the applicable wage rate
listed on this wage
determination, if it is
higher) for all hours
spent performing on the
contract in 2022.
Executive Order 13658 f
generally applies to the 1
contract.
The contractor must pay alll
covered workers at least [
$11.25 per hour (or the
applicable wage rate listedi
on this wage determination,1
if it is higher) for all
hours spent performing on
that contract in 2022. 1
[
The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at
https://www.dol.gov/agencies/whd/government-contracts .
Modification Number
0 1
2 3
4 5
6 7
8 9
10 11
12 Publication Date
01/07/2022
01/14/2022
01/21/2022
02/11/2022
02/18/2022
02/25/2022
04/29/2022
08/05/2022
08/12/2022
08/19/2022
09/02/2022
09/30/2022
10/07/2022
* ASBE0005-002 07/04/2022
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 49.58 25.27
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls) ...........................$ 32.09 19.66
* ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not) .... $ 23.52 13.37
BOIL0092-003 01/01/2021
Rates Fringes
BOILERMAKER ......................$ 46.03 38.81
---------------------------------------------------------------- * BRCA0004-011 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER ........ $ 41.48 18.63
*The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty -Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate
BRCA0018-004 06/01/2021
Rates Fringes
MARBLE FINISHER ..................$ 35.90 14.11
TILE FINISHER ....................$ 30.47 12.52
TILE LAYER .......................$ 43.09 18.31
BRCA0018-010 09/01/2021
Rates Fringes
TERRAZZO FINISHER ................$ 35.43 14.10
TERRAZZO WORKER/SETTER ........... $ 43.61 14.63
---------------------------------------------------------------- CARP0213-001 07/01/2021
Rates
Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer ...................$
51.60 16.28
(2) Millwright ..............$
52.10 16.48
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial) ................$
51.73 16.28
(4) Pneumatic Nailer,
Power Stapler ...............$
51.85 16.28
(5) Sawfiler...............$
51.69 16.28
(6) Scaffold Builder.......$
42.80 16.28
(7) Table Power Saw
Operator ....................$
51.70 16.28
FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
CARP0213-002 07/01/2021
Diver
Rates Fringes
(1)
Wet .....................$
834.40
16.28 (2)
Standby .................$
445.84
16.28 (3)
Tender ..................$
437.84
16.28 (4)
Assistant Tender ........
$ 413.84
16.28 Amounts in ""Rates' column are per day
----------------------------------------------------------------- CARP0213-004 07/01/2021
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER .... $ 51.60 16.28
STOCKER/SCRAPPER ............ $ 22.16 8.62
----------------------------------------------------------------- CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer ...... $ 21.85 7.15
ELEC0440-001 12/27/2021
Rates Fringes
ELECTRICIAN
INSIDE ELECTRICIAN .......... $ 49.73 3%+24.44
INTELLIGENT TRANSPORTATION
SYSTEMS
Electrician ................$ 36.99 3%+23.18
Technician .................$ 27.75 3%+23.18
ZONE PAY: Zone A: Free travel zone for all contractors
performing work in Zone A.
Zone B:Any work performed in Zone (B) shall add $12.00 per hour to the current wage scale. Zone (B) shall be the area from the eastern perimeter of Zone (A) to a line which runs north and south begininng at Little Morongo Canyon (San Bernardino/Riverside County Line), Southeast along the
Coachella Tunnels, Colorado River Aqueduct and Mecca
Tunnels to Pinkham Wash then South to Box Canyon Road, then southwest along Box Canyon Road to Highway 195 west onto 195 south to Highway 86 to Riverside/Imperial County Line.
ELEC1245-001 06/01/2022
Rates
Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$
64.40 22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment) .............$
50.00 21.30
(3) Groundman...............$
38.23 20.89
(4) Powderman...............$
51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
ELEV0018-001 01/01/2022
Rates Fringes
ELEVATOR MECHANIC ................$ 61.34 36.885+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5
years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
ENGIO012-003 07/01/2020
Rates
Fringes
OPERATOR:
Power Equipment
(All Other
Work)
GROUP
1....................$
48.25 27.20
GROUP
2....................$
49.03 27.20
GROUP
3....................$
49.32 27.20
GROUP
4....................$
50.81 27.20
GROUP
5....................$
48.96 25.25
GROUP
6....................$
51.03 27.20
GROUP
8....................$
51.14 27.20
GROUP
9.................... $
49.29 25.25
GROUP
10....................$
51.26 27.20
GROUP
11....................$
49.41 25.25
GROUP
12....................$
51.43 27.20
GROUP
13....................$
51.53 27.20
GROUP
14....................$
51.56 27.20
GROUP
15....................$
51.64 27.20
GROUP
16....................$
51.76 27.20
GROUP
17....................$
51.93 27.20
GROUP
18....................$
52.03 27.20
GROUP
19....................$
52.14 27.20
GROUP
20....................$
52.26 27.20
GROUP
21....................$
52.43 27.20
GROUP
22....................$
52.53 27.20
GROUP
23....................$
52.64 27.20
GROUP
24....................$
52.76 27.20
GROUP
25....................$
52.93 27.20
OPERATOR:
Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP
1.... ................ $
49.60 27.20
GROUP
2....................$
50.38 27.20
GROUP
3....................$
50.67 27.20
GROUP
4....................$
50.81 27.20
GROUP
5.................... $
51.03 27.20
GROUP
6....................$
51.14 27.20
GROUP
7....................$
51.26 27.20
GROUP
8....................$
51.43 27.20
GROUP
9....................$
51.60 27.20
GROUP
10....................$
52.60 27.20
GROUP
11....................$
53.60 27.20
GROUP
12....................$
54.60 27.20
GROUP
13....................$
55.60 27.20
OPERATOR:
Power Equipment
(Tunnel Work)
GROUP
1....................$
50.10 27.20
GROUP
2....................$
50.88 27.20
GROUP
3......... ........... $
51.17 27.20
GROUP
4....................$
51.31 27.20
GROUP
5....................$
51.53 27.20
GROUP
6....................$
51.64 27.20
GROUP
7....................$
51.76 27.20
PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator -inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt -rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator;
Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; P3U side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler
GROUP 3: Asphalt -rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power -driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck
GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), 3ackson track
maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary -Johnson -Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator -bulldozer, tamper -scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt -rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast -in -place pipe laying machine
operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type);
Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber -tired
earth -moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator (multiple engine up to and including 25 yds. struck);
Rubber -tired scraper operator (self -loading paddle wheel type -John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar -bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types -Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar
types -drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type -except Quad 9 cat.); Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber -tired earth -moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified.
GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi -engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle -wheel -auger type self -loading - two (2) or more units)
GROUP 13: Rubber -tired earth -moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth -moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple
engine -up to and including 25 yds. struck)
GROUP 16: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type)
GROUP 18: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber -tired
earth -moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 21: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)
GROUP 22: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired
earth -moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck)
GROUP 24: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber -tired
earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite)
GROUP 4: Bridge -type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin -Western or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power -driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power -driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber -tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to
Imperial County line at the SW corner of TBS, R10E, SBM.
Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E.
SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MOM. Continue E to SW corner of T30S, R17E, MOM. Continue S to SW corner of T31S, R17E, MOM. Continue E to SW corner of T31S, R18E, MOM.
Continue S along West side of R18E, MOM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N. SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of TBN, R21W.
Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MOM. [T12N SBM is a think strip between T11N SBM and T32S MOM]. Continue North along the East side of R21E, MOM to the Kings County and Kern County border at the NE corner of T25S, R21E, MOM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MOM.
$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, TBS, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MOM.
Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MOM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of
Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T275, R42E, MDM.
Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
-------------------------------------------------------------- ENGIO012-004 08/01/2020
Rates
Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$
56.40 30.00
(2) Dredge dozer ............
$ 50.43
30.00 (3) Deckmate................$
50.32 30.00
(4) Winch operator (stern
winch on dredge) ............
$ 49.77
30.00 (5) Fireman -Oiler,
Deckhand, Bargeman,
Leveehand...................$
49.23 30.00
(6) Barge Mate ..............$
49.84 30.00
IRON0433-006 07/01/2020
Rates Fringes
IRONWORKER
Fence Erector ...............$ 34.58 24.81
Ornamental, Reinforcing
and Structural ..............$ 41.00 33.45
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center -Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock LAB00300-005 08/01/2022
Rates Fringes
Asbestos Removal Laborer ......... $ 39.23 23.28
SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos -containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
----------------------------------------------------------------- LAB00345-001 07/01/2022
Rates Fringes
LABORER (GUNITE)
GROUP 1.....................$ 48.50 21.37
GROUP 2.....................$ 47.55 21.37
GROUP 3.....................$ 44.01 21.37
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of
75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
LABO1184-001 07/01/2022
Rates
Fringes
Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer ...
$ 40.69
18.25 (2) Vehicle Operator/Hauler.$
40.86 18.25
(3) Horizontal Directional
Drill Operator ..............$
42.71 18.25
(4) Electronic Tracking
Locator .....................$
44.71 18.25
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$
41.90 21.32
GROUP 2.....................$
43.20 21.32
GROUP 3.....................$
45.21 21.32
GROUP 4.....................$
46.95 21.32
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including
repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
LABO1184-002 07/01/2022
Rates Fringes
LABORER (TUNNEL)
GROUP
1...... ........... .... $
45.68 23.30
GROUP
2.....................$
46.00 23.30
GROUP
3.....................$
46.46 23.30
GROUP
4.....................$
47.15 23.30
LABORER
GROUP
1.....................$
36.39 21.04
GROUP
2.....................$
36.94 21.04
GROUP
3.....................$
37.49 21.04
GROUP
4.....................$
39.04 21.04
GROUP
5.....................$
39.39 21.04
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house
laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand -propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot -Blast
GROUP 5: Blaster powder, all work of loading holes, placing
and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work -------------------------------------------------------------------- * LAB01184-004 07/01/2022
Rates Fringes
Brick Tender .....................$ 37.32 21.45
---------------------------------------------------------------- LAB01414-001 08/03/2022
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 38.92 23.32
PLASTER TENDER ..............$ 41.47 23.32
Work on a swing stage scaffold: $1.00 per hour additional.
PAIN0036-001 07/01/2020
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County) ...............$ 29.59 17.12
(2) All Other Work .......... $ 33.12 17.24
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.
---------------------------------------------------------------- PAIN0036-008 09/01/2022
Rates Fringes
DRYWALL FINISHER/TAPER ........... $ 46.28 23.52
------------------------------------------------------------------ PAIN0036-015 01/01/2020
Rates Fringes
GLAZIER ..........................$ 43.45 23.39
FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
PLAS0200-009 08/03/2022
Rates Fringes
PLASTERER .............. .......... $ 47.37 19.64
----------------------------------------------------------------- PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER ... $ 38.50 25.91
PLUM0016-001 09/01/2022
Rates Fringes
PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space .................$ 53.51 25.28
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work ........................$ 40.95 23.61
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work ........................$ 55.18 26.26
PLUM0345-001 09/01/2022
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 38.20 25.65
Sewer & Storm Drain Work .... $ 42.29 23.03
---------------------------------------------------------------- ROOF0036-002 08/01/2022
Rates Fringes
ROOFER ...........................$ 43.47 19.52
FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay.
------------------------------------------------
SFCA0669-002 01/01/2022
Rates Fringes
SPRINKLER FITTER .................$ 41.27 26.77
SHEE0105-003 01/01/2022
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395). MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work ........................$ 50.23 29.60
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort ... $ 48.28 29.46
---------------------------------------------------------------- TEAM00II-002 07/01/2020
Rates
Fringes
TRUCK DRIVER
GROUP
1....................$
32.59 30.59
GROUP
2....................$
32.74 30.59
GROUP
3....................$
32.87 30.59
GROUP4
....................$
33.06 30.59
GROUP
5....................
$ 33.09
30.59 GROUP
6....................
$ 33.12
30.59 GROUP
7....................$
33.37 30.59
GROUP
8....................$
33.62 30.59
GROUP
9......... ...........
$ 33.82
30.59 GROUP
10....................
$ 34.12
30.59 GROUP
11....................
$ 34.62
30.59 GROUP
12....................$
35.05 30.59
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, E1 Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over
GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (ED) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the ED, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts .
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAW'" denotes that the union classification and rate were prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISIO"
Alk
c7"
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II
Circulation Project
Project Description: This project includes the design and construction of the two lane northbound collector/distributer road system beginning north of the Winchester Road Interchange on -ramps and ending just north of the 1-15/1-215 junction with connectors to 1-15 and 1-215.
Benefit: This project will address and improve traffic circulation in the City's northern area by providing the northbound collector/distributer road system.
Core Value: Transportation Mobility and Connectivity
Project Status: The environmental re-evaluation and design are estimated to be completed in Fiscal Year2021-22.
Department: Public Works - Account No. 210.265.999.726 / PW16-01 Level: I
Project Cost:
Prior Years
Actuals
2021-22
Adjusted
2022-23
Proposed
Budget
2023-24
Projected
2024-25 2025-26
Projected Projected
2026-27
Projected
Total Project
Cost
Administration
2,791,745
339,054
300,000
300,000
170,000
3,900,799
Construction
88,950,000
88,950,000
Construction Engineering
1,279
10,899,721
10,901,000
Design & Environmental
18,752,330
716,973
19,469,303
Land Acquisition
9,393,251
6,120,000
15,513,251
Utilities
1,993
1,993
Total Expenditures
1 30,940,599
107,025,748
300,000
300,000
170,000
138,736,346
Source of Funds:
CFD 01-02 (Harveston)
1,005,840
1,005,840
DIF-Street Improvements
75,360
75,360
General Fund
4,236,174
4,236,174
INFRA Grant
50,000,000
50,000,000
Measure A
1,627,914
1,627,914
Measure S
454,000
4,807,585 300,000 300,000 170,000
6,031,585
Reimbursements
6,008,000
6,008,000
SAFETEA-LU
1,602,360
1,602,360
STIP-Surface Transportation
47,600,000
47,600,000
Improvement Program
TUMF (CETAP/RCTC)
472,841
999,668
1,472,509
TUMF (RCTC)
2,343,000
2,343,000
TUMF (WRCOG)
11,450,112
5,283,492
16,733,604
Total Funding
27,673,241
110,293,105 300,000 300,000 170,000
138,736,346
Future Operating & Maintenance Costs:
85 Alk
c7"
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II
Circulation Project
2022-23
Prior Years
2021-22 Proposed 2023-24 2024-25 2025-26 2026-27
Total Project
Project Cost:
Actuals
Adjusted Budget Projected Projected Projected Projected Cost
Total Operating Costs
Notes :
1. General Fund Includes Required Contribution match for TUMF (CETAP/RCTC) funds.
2. State Transportation Improvement Program 2014 RCTC Call for projects as approved by the Commission on November 13, 2013 ($10,000,000).
3. TUMF (RCTC)- Regional funding is pursuant to RCTC Agreement No.06-72-048-00 for a total of $7,517,000 ($5,517,000-ROW; $2,000,000-PS&E). $200,000 City Match, Phase I expended $3,174,000-ROW; $2,000,000 PS&E; $200,000 City Match. Phase II expended $2,343,000 ROW.
4. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 06-SW-TEM-1079 for a total of $11,575,000 reduced to $11,451,875 ($975,752-PA&ED; $8,801,875-PS&E; $1,674,248-ROW) for Phase I and Phase 11.
5. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $4,078,000 reduced to $4,043,000 ($108,724 PA&ED;3,934,296 PS&E) for Phase I and Phase 11.
6. TUMF (WRCOG) - TUMF Zone Funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $1,925,000-ROW. No expenditures for Phase I.
7. TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No.17-73-007-00 in the amount of $1,472,509 ($673,562 ROW; $798,947 DESIGN; $106,603 City Match).
86 Item No. 11
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 10, 2023
SUBJECT: Accept Improvements and File the Notice of Completion for the Library Parking — Phase II, PW13-09
PREPARED BY: Amer Attar, Engineering Manager
Emalee Sena, Engineer Technician II
RECOMMENDATION: That the City Council:
1. Accept the construction of the Library Parking — Phase II, PW13-09, as complete; and
2. Direct the City Clerk to file and record the Notice of Completion and release the performance bond; and
3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed.
BACKGROUND: On March 26, 2019, the City Council awarded a construction contract to Environmental Construction, Inc., in the amount of $1,794,321 and authorized the City Manager to approve contract change orders not to exceed the contingency amount of $179,432.10. On June 15, 2020, the City Manager, under the authorities delegated by the City Council of the City of Temecula in Resolution 2020-35, increased the contingency by $44,593.78 for a total authorization of $2,018,346.88 to complete Library Parking — Phase II.
The Library Parking — Phase II provided for the design and construction of an expansion of the on -site parking at the Ronald H. Roberts Temecula Public Library. It created a 44-space parking lot at a lower elevation from the original parking lot. The improvements included grading, asphalt concrete, aggregate base, concrete and draining improvements, vinyl fence, cable railing and guardrail, a retaining wall, stairs, lighting, landscape, and irrigation, striping, and camera infrastructure equipment. In addition, the project included modification to the existing entry plaza, existing parking lot for accessibility, installation of a new book drop, and modification of newly reconfigured accessible parking to comply with ADA requirements.
Environmental Construction, Inc. has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works/City Engineer. All work was warranted for a period of one year from February 20, 2020, the date the City obtained "beneficial use" of the project improvements. This warranty has since expired. The retention for this project was released pursuant to the provisions of Public Contract Code 7107.
The base amount of the construction contract was $1,794,321, six contract change orders were issued in the amount of $224,025.88. This results in a total cost of $2,018,346.88.
FISCAL IMPACT: There is no fiscal impact associated with accepting the project and filing and recording the Notice of Completion.
ATTACHMENTS: 1. Notice of Completion
2. Project Description
3. Project Location
4. Contractor's Affidavit and Final Release
RECORDING REQUESTED BY
AND RETURN TO:
CITY CLERK
CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code
Sections 6103 and 27383
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
The City of Temecula is the owner of the property hereinafter described.
2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590.
3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Environmental Construction, Inc., 21550 Oxnard Street, Suite 1060, Woodland Hills, CA 91367, to perform the following work of improvement:
Library Parking — Phase II, PW13-09
4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on January 10, 2023. That upon said contract Vigilant Insurance Company, 555 South Flower Street, Third Floor, Los Angeles, CA 90071, was surety for the bond given by the said company as required by law.
5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows:
Library Parking — Phase II, PW13-09
6. The location of said property is: 30600 Pauba Road, Temecula, CA 92589 Dated at Temecula, California, this 10t" day of January 2023.
City of Temecula
Randi Johl, City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council.
Dated at Temecula, California, this 10th day of January 2023.
City of Temecula
Randi Johl, City Clerk
Alk
The Heart ni Southern Cahfurnia
Wine country
LIBRARY PARKING - PHASE II
Infrastructure Project
Project Description: This project includes the study, design, and construction of alternatives to provide additional parking for the Ronald H. Roberts Temecula Public Library. Phase II covers the design and construction of an expansion of the current on -site parking facility. The Information Technlogy component includes camera system infrastructure, Public Wi-Fi and other identified technology needs.
Benefit: This project provides additional parking for Library patrons, meetings, and special programs.
Core Value: Healthy and Livable City
Project Status: Construction of the expansion has been completed.
Department: Public Works - Account No. 210.290.999.153 / PW13-09 Level: II
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
Project Cost:
Prior Years
Actuals
2022-23
2021-22 Adopted 2023-24 2024-25 2025-26 2026-27
Adjusted Budget Projected Projected Projected Projected Total Project
Cost
Administration
429,876
3,614
433,489
Construction
2,255,731
907
2,256,638
Construction Engineering
287,059
37,363
324,422
Design & Environmental
244,273
727
245,000
Information Technology
26,269
33,741
60,010
MSHCP
17,337
17,337
Total Expenditures
1 3,260,5441
76,351 - -
3,336,895
Source of Funds:
DIF-Library Facilities
2,194,486
67,440
2,261,926
DIF-Police Facilities
50,000
50,000
General Fund
37,627
37,627
Measure S
987,342
987,342
Total Funding
i 3,269,455
67,440
3,336,895
Future Operating & Maintenance Costs:
Total Operating Costs
1112151
711E CITY QF
TE+IECLUA LIBRARY PARKING - PHASE II
Legend
188.1 0 Distance / 2 188.1 Feet
WGS_1984_Web Mercator_ Auxiliary_Sphere This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that © Latitude Geographics Group Ltd. appear on this map may or may not be accurate, current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
19-063
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
for
LIBRARY PARKING - PHASE II
PROJECT NO. PW13-09
This is to certify that t'-- YJ VI k-en new" / 4,"o kiS'%-y r=24 Sti C . (hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as LIBRARY PARKING - PHASE II, PROJECT NO. PW13-09, situated in the City of Temecula, State of California, more particularly described as follows:
30600 Pauba Road, Temecula, CA _
ADDRESS OR DESCRIBE LOCATION OF WORK
The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor.
Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts:
Description
Dollar Amount to Dispute
Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above.
CONTRACTOR:
Dated: �+ /S ^� b By: -�
Si ture
Print Name and Title
RELEASE R-1
Item No. 12
ACTION MINUTES
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
DECEMBER 13, 2022
CALL TO ORDER at 6:30 PM: President James Stewart
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart
CSD PUBLIC COMMENTS -None
CSD CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Alexander. The vote reflected unanimous approval.
11. Approve Action Minutes of November 29, 2022
Recommendation:
That the Board of Directors approve the action minutes of November 29, 2022.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 6:33 PM, the Community Services District meeting was formally adjourned to Tuesday, January 10, 2023 at 4:30 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
James Stewart, President
ATTEST:
Randi Johl, Secretary
[SEAL]
Item No. 13
ACTION MINUTES
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
DECEMBER 13, 2022
CALL TO ORDER at 6:33 PM: Chair Matt Rahn
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart
SARDA PUBLIC COMMENTS - None
SARDA CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Alexander. The vote reflected unanimous approval.
12. Approve Action Minutes of November 29, 2022
Recommendation: That the Board of Directors approve the action minutes of November 29, 2022.
13. Approve Recognized Obligation Payment Schedule and Administrative Budget for the Period of July 1, 2023 Through June 30, 2024 (ROPS 23-24)
Recommendation: That the Board of Directors adopt resolutions entitled:
RESOLUTION NO. SARDA 2022-05
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, 2023 THROUGH JUNE
30, 2024 PURSUANT TO HEALTH AND SAFETY CODE SECTION
34177 AND TAKING CERTAIN ACTIONS IN CONNECTION
THEREWITH
RESOLUTION NO. SARDA 2022-06
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT
AGENCY APPROVING THE PROPOSED ADMINISTRATIVE
BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION
34177 AND TAKING CERTAIN ACTIONS IN CONNECTION
THEREWITH
SARDA EXECUTIVE DIRECTOR REPORT
SARDA BOARD OF DIRECTOR REPORTS
SARDA ADJOURNMENT
At 6:34 PM, the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, January 10, 2023, at 4:30 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
Zak Schwank, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
Item No. 14
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 10, 2023
SUBJECT: Approve the Public Recognitions Policy and Annual Proclamations List PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council approve the public recognitions policy and annual proclamations list.
BACKGROUND: On November 9, 2021, Council Member Stewart requested that an item be placed on a future agenda to consider the creation of a memorial and monument policy (aka Public Recognitions Policy). On December 14, 2021, the City Council approved the creation of an ad hoc subcommittee consisting of Council Members Alexander and Stewart to work with staff on the creation of the policy. On February 15, 2022, the subcommittee met with staff to review existing resolutions, ordinances, policies and procedures for public recognitions and asked staff to conduct additional research of other cities' policies. On March 29, 2022, the subcommittee met with staff to review the additional research and make its final recommendations. On May 24, 2022, the full City Council consider the recommended framework for public recognitions and provided staff general direction to draft the policy. In June 2022, prior to the final policy being approved, the City Council directed that the subcommittee also review the inclusionary proclamations, including the Pride Proclamation, to determine options for presentation and signatories based on Council preference. On July 5, 2022, the subcommittee met with staff to review the additional assignment and were able to reach consensus on some items but not all. The subcommittee directed staff to bring the unresolved items back to subcommittee in November 2022 after the election and due to medical reasons. In October 2022, the City Council directed that the subcommittee also review resolutions of principle. On November 29, 2022, the subcommittee met again to discuss the outstanding items associated with the inclusionary proclamations and resolutions of principle and were able to reach to consensus on most items. On December 13, 2022 the City Council provided final direction on the policy and directed staff to prepare the policy for adoption on the consent calendar at a future meeting. It is therefore recommended that the City Council approve the public recognitions policy and annual proclamation list.
FISCAL IMPACT: None
ATTACHMENTS: Policy and Proclamation List
CITY OF TEMECULA
CITY COUNCIL POLICY
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At
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The Heart of Southern Califarnia
Wine Country
Title:
Public Recognitions Policy
Policy No.
TBD
Approved:
January 10, 2023
Revised:
N/A
PURPOSE:
The purpose of this City Council policy is to ensure an effective and efficient process for the consideration and conduct of various public recognitions by the City Council.
POLICY:
The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows:
Public Recognitions Ad Hoc Subcommittee
A subcommittee shall be appointed annually as part of the City Council subcommittee review and selection process in January. To the extent possible, the subcommittee shall include both short and long tenured members of the City Council. The subcommittee will consider all public recognitions that include a nomination component (Community Leader Award of Distinction, Council Member Award of Recognition Upon Retirement, Wall of Honor, and Memorial, Monument and/or Facility Naming). The subcommittee will consider all nominations in a calendar year together and make recommendations to the full City Council. The subcommittee will function similarly to other ad hoc subcommittees that consider items on a calendar year basis.
Standard Certificates of Recognition
Standard certificates of recognition may be provided at the request of City residents, community leaders, businesses, nonprofit organizations, and/or Council Members. Standard certificates shall include those designated in the chart below. Such certificates shall be presented on behalf of the City of Temecula and shall be signed by a single signatory in the following order: (1) Council Member attending a related event, (2) Mayor, (3) Mayor Pro Tempore, or (4) Council Member designated by the Mayor. 1 Certificate of
Student of the Month, Student of the Year, Girl
Common
Achievement
Scouts, Eagle Scouts, Student Sports and
/
Competitions, Youth in Government
Monthly
2 Certificate of
Former Board and Commission Members, Meeting
Common
Appreciation
Entertainment
3 Certificate of
Acts of Bravery, Heroism (Resident Assistance in
Rare
Commendation
Emergency Circumstances), Veterans
4 Certificate of
25th/50th/75th/100th Birthdays, Wedding
Rare
Congratulations
Anniversaries, Retirements
5 Certificate for Grand
New Businesses / New Owners / Chamber of
Common
Opening / Ribbon
Commerce (Economic Development Requests)
Cutting
6 Certificates of
Miscellaneous — Noteworthy Residents, Non -Profits,
Common
Recognition
Foundations, Chamber Gala
7 Certificate of
In Memoria, Adjournments
Rare
Remembrance
8 Certificate of Welcome
Sister City Dignitaries
Rare
Proclamations
Proclamations may be provided at the request of residents, businesses, nonprofit organizations and/or Council Members. The City Council shall approve annually a list of proclamations proposed to be issued for the calendar year. Unless three or more Council Members pull a proclamation from the list indicating exclusion, all proclamations on the annual list shall be issued for presentation via mail or in -person as requested. Proclamations shall be presented on behalf of the City of Temecula and shall be signed by a single signatory in the following order: (1) Mayor, (2) Mayor Pro Tempore, or (3) Council Member designated by the Mayor.
1 Proclamation
Day, Week or Month of Observation Consistent with
Common
Regional, State and/or National Recognition for
Public Awareness / Education Purposes
2 Proclamation — Person
Recognition of Day in Celebration of a Person
Rare
(Council Member, Founding Member)
Pins and Medals
Pins and medals may be provided at the request of residents, businesses, nonprofit organizations and/or Council Members. Pins and medals shall include those designated in the chart below. Pins and medals shall be accompanied by a related certificate and shall be presented via mail or in -person as requested.
Pins and medals shall be presented on behalf of the City of Temecula and any related certificate shall be signed by a single signatory in the following order: (1) Mayor, (2) Mayor Pro Tempore, or (3) Council Member designated by the Mayor.
1 Boy Scout / Girl Scout
Eagle Scout, Bronze/Silver/Gold Award, or Similar
Noteworthy Accomplishment
Common
2 Hero's Medal and Pin
Acts of bravery and courage in the service of others
Rare
Community Leader Award of Distinction
A Community Leader Award of Distinction may be provided to a resident and/or nonprofit or business affiliate upon recommendation of the Public Recognitions Subcommittee. Such award is rare and therefore shall be presented on behalf of the City of Temecula in -person at a City Council meeting. Any
related certificate shall be signed by all Council Members. To be eligible for such an award, a nominee must meet the following criteria:
Criteria
1. Nomination Form — The requisite nomination form, with supporting documentation, is submitted to the City Clerk's Office pursuant to instructions by the relevant deadline.
2. Contributions —The contributions and proof of impact of the nominee, as illustrated in the nomination packet, are well known and recognized by a significant segment of the community and their respective industry (education, nonprofit, business).
3. Subcommittee Consideration — The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee.
4. Public Recognition — During an in -person recognition at a City Council meeting, the nominee will receive a framed award signed by all Council Members, a swag bag from the City, and other recognitions from the community/industry as they deem appropriate.
Council Member Award of Recognition Upon Retirement
A Council Member Award of Recognition Upon Retirement shall be provided to retiring Council Members as indicated below. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in -person at a City Council meeting. Any related certificate shall be signed by all Council Members. To be eligible for such an award, a nominee must meet the following criteria:
Criteria
1. Internal Form —The requisite recognition form, with supporting documentation, is submitted by relevant staff to the City Clerk's Office pursuant to instructions by the relevant deadline.
2. Service —The subject Council Member has completed a minimum of one full -term if elected or the whole of an unexpired term if appointed.
3. Subcommittee Consideration — The subject Council Member received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee.
4. Public Recognition —The subject Council Member receives recognition based on tenure with optional community recognitions at th meeting. While Board and Commission service is noted as part of the presentation, it is not counted towards years of service for purposes of recognition categories below:
A. One Term (4 Years) — The subject Council Member receives an engraved plaque with years of service, a commemorative street sign, and a swag bag from the City.
B. Two —Three Terms (8-12 Years) — The subject Council Member receives an engraved plaque with years of service, a framed proclamation recognizing member's retirement date as Member's Day, a commemorative street sign, and a swag bag from the City.
C. Four Terms and Beyond (16+ Years) — The subject Council Member receives a shadow box with a key to the City, a proclamation recognizing member's retirement date as Member's Day, a commemorative street sign, and a swag bag from the City.
Wnll of Wnnnr
A Wall of Honor recognition may be provided to any deserving individual (i.e., resident, service club member, former Council Member, Commissioner or staff, nonprofit or business affiliate, etc.) upon recommendation of the Public Recognitions Subcommittee. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in -person at a City Council meeting. Any related certificate
shall be signed by all Council Members. To be eligible for such a recognition, a nominee must meet the following criteria:
Criteria
1. Nomination Form — The requisite nomination form, with supporting documentation, is submitted to the City Clerk's Office pursuant to instructions by the relevant deadline.
2. Contributions —The contributions and proof of impact of the nominee, as illustrated in the nomination packet, have extended beyond a 10 year period of time, are well known, and recognized by a significant segment of the community and/or their respective industry (education, nonprofit, business).
3. Subcommittee Consideration — The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee.
4. Public Recognition — During an in -person recognition at a City Council meeting, the nominee will receive a framed award signed by all Council Members and the nominee's name will be incorporated into the perpetual Wall of Honor plaque located at City Hall.
Memorial, Monument and/or Facility Naming
A memorial, monument and/or facility naming recognition may be provided to any deserving individual (i.e., resident, service club member, former Council Member, Commissioner or staff, nonprofit or business affiliate, etc.) upon recommendation of the Public Recognitions Subcommittee. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in -person at the site of the thing and/or place to be named. Any related certificate shall be signed by all Council Members. To be eligible for such a recognition, a nominee must meet the following criteria:
Criteria
1. Nomination Form — The requisite nomination form, with supporting documentation, is submitted to the City Clerk's Office pursuant to instructions by the relevant deadline.
2. Contributions —The contributions and proof of impact of the nominee, as illustrated in the nomination packet, have extended beyond a 20 year period of time, are well known, and recognized by a significant segment of the community and/or their respective industry (education, nonprofit, business). Such contributions exceed all other contributions in community value such that there is no other public recognition that can be applied.The 20 year period of time is subject to review and adjustment by the full City Council.
3. Subcommittee Consideration — The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee.
4. Public Recognition — During an in -person recognition, the nominee will receive a framed award signed by all Council Members and the nominee's name will be incorporated into the subject memorial, monument and/or facility.
Miscellaneous
The following non-standard recognitions shall not have a political, religious, lifestyle, and/or commercial association: Community Leader Award of Distinction, Wall of Honor, Memorial, Monument, and/or Facility Naming. In addition, Resolutions of Principle, defined as statements in which an organization describes its collective beliefs, values, and intentions towards a particular topic(s), will not be issued by the Council and are not included as a part of this policy.
PROCLAMATIONS LIST (2023)
JANUARY
Human
JAN 2023
Raise awareness and educate
Federal
Riverside County
Trafficking
all members of our society on
More Information
Sheriff's
Prevention
how they can prevent and
Department Anti -
Month
respond to human trafficking.
Human Trafficking
Task Force
Mentoring
JAN 2023
Campaign that aims to unify
Federal
Big Brothers Big
Month
and expand the mentoring
State
Sisters Inland
movement by encouraging
More Information
Empire
others to become a mentor
through organizations such as
Big Brothers Big Sisters.
FEBRUARY
African
FEB 2023
Is a time to honor the
Federal
TVUSD Student
American
contributions and legacy of
State
Clubs
History Month
African Americans across
U.S. history and society.
American Heart
FEB 2023
Acknowledges the ongoing
Federal
American Heart
Month
fight against cardiovascular
More Information
Association
disease.
MARCH
Vietnam War
MAR 29,
Recognize and honor those
Federal
Department of
Commemoration
2023
who served during the
State
Veterans Affairs
Day
Vietnam War.
More Information
Women's
MAR 2023
Highlights the contributions
Federal
TVUSD Student
History Month
of women to events in
State
Clubs
history and contemporary
More Information
society.
APRIL
Arab American
APRIL 2023
Celebrates the Arab American
Federal
Arab America
Heritage Month
heritage and culture and pays
State
Foundation
tribute to the contributions of
More Information
Arab Americans and Arabic -
speaking Americans.
Arbor Day
APRIL 28,
Marked by the planting of
State
Public Works
2023
trees and emphasizes caring
More Information
Maintenance
Superintendent
for them to sustainably
protect our planet.
Autism
APRIL 2023
Promotes autism awareness,
Federal
Varies
Awareness
inclusion, and self-
More Information
Month
determination for all.
Child Abuse
APRIL 2023
Annual observance in the
Federal
Safe Family Justice
Prevention
United States dedicated to
State
Center
Month
raising awareness and
More Information
preventing child abuse.
Crime Victims'
APRIL 23 —
Acknowledges the abuse and
Federal
Riverside County
Rights Week
APRIL 29,
trauma that victims of crimes
More Information
District Attorney's
2023
often experience and the work
Office Division of
of dedicated advocates who
Victim Services
support crime victims.
DMV/Donate
APRIL 2023
Recognizes the DMV as the
Federal
OneLegacy
Life Month
largest registrant of organ
City
Ambassador
donors and encourages
More Information
Program
residents to register and
become an organ donor.
Education and
APRIL 2,
Established by U.S. Congress
Federal
Rabbi from Chabad
Sharing Day
2023
in honor of Rabbi Menachem
More Information
of Temecula
Mendel Schneerson to
recognize the essential role of
education and sharing in our
society.
Innovation
APRIL 2023
Encourages the growth and
More Information
Economic
Month
expansion of innovation,
Development
technology and
Department
entrepreneurship in our
community and in the region.
Library Week
APRIL 23 —
Promotes local libraries and
Federal
Ronald H Roberts
APRIL 29,
recognizes library workers.
More Information
Public Library &
2023
Friends of Temecula
Libraries
MAY
Asian American
MAY 2023
Recognizes the many
Federal
TVUSD Student
and Native
contributions, vibrant
State
Clubs
Hawaiian/
cultures, and rich heritage of
More Information
Pacific Islander
Asian Americans, Native
Month
Hawaiians, and Pacific
Islanders.
Bike Month
MAY 2023
Celebrates bikes and the
More Information
Hike Bike
benefits of bicycling.
Temecula
California
MAY 2023
Spotlights the role of tourism
More Information
Visit Temecula
Tourist Month
as a key economic driver for
Valley
California.
Conservation
MAY 2023
Celebration of anniversary of
N/A
Riverside County
Appreciation
RCHCA and the down listing
Habitat
Month
of the endangered Stephens'
Conservation
Kangaroo Rat.
Agency
Fentanyl
MAY 9, 2023
Day of remembrance for
More Information
Drug Induced
Awareness Day
loved ones who died from
Homicide.org
fentanyl poisoning and raise
awareness about the dangers
of fentanyl.
Hospital Week
MAY 7 —
Opportunity to recognize
Commonwealth
Temecula Valley
More Information
MAY 13,
multiple healthcare workers
Hospital
2023
and hospital staff for their
dedication and commitment.
Mental Health
MAY 2023
Movement to raise awareness
Federal
Riverside
Month
about mental health through
State
University Health
support, education, and
More Information
System, Department
advocacy.
of Mental Health
Municipal
MAY 2 —
Increases the public's
Federal
City Clerk
Clerks Week
MAY 8, 2023
awareness of Municipal
City
Clerks and the vital services
More Information
they provide for local
government and community.
Nurses Week
MAY 3-
Recognizes nurses and the
Federal
American Nurses
MAY 9, 2023
hard work they put in to
State
Association
making their patients feel
More Information
comfortable.
Public Gardens
MAY 12 —
Call attention to local public
More Information
Temecula Valley
Week
MAY 21,
gardens and recognize their
Rose Society
2023
contribution to the
community.
Public Works
MAY 21 —
Recognizes the importance of
More Information
Director of Public
Week
MAY 27,
public works and the essential
Works
2023
role that these employees play
in our City's infrastructure.
Travel and
MAY 7 —
Showcase the industry's role
State
Visit Temecula
Tourism Week
MAY 13,
in fostering vibrant
City
Valley
in Temecula
2023
communities, encouraging
More Information
emerging innovations and
powering a strong economic
recovery.
Water Safety
MAY 2023
Raises awareness about pool
State
Community
Month
and swim safety.
More Information
Services
Department
Aquatics Division
JUNE
Juneteenth
JUN 19, 2023
Celebrates the emancipation
Federal
Varies
of those who had been
State
enslaved in the United States.
More Information
Make Music
JUN 21, 2023
Make Music Day, a
State
Make Music
Temecula Day
subsidiary of the National
More Information
Temecula
Association of Music and
Organization
Merchants (NAMM), is a free
celebration of music around
the world. Make Music
Temecula is a day of music -
making in public spaces
throughout Temecula, for
musicians and audiences
alike.
Pride Month
JUN 2023
Recognizes the contributions
Federal
TVUSD Student
of LGBTQ+ individuals
State
Clubs
across America.
More Information
JULY-NONE
AUGUST
Purple Heart
AUG 7, 2023
Remember and honor the
Federal
Department of
Day
brave men and women who
State
Veterans Affairs
were either wounded on the
More Information
battlefield or paid the
ultimate sacrifice with their
lives.
SEPTEMBER
Childhood
SEP 2023
Brings awareness to
Federal
Varies
Cancer
pediatric cancer and pays
More Information
Awareness
tribute to the healthcare
Month
professionals who work
together with families to
provide hope and help to
children diagnoses with
cancer.
Constitution
SEP 17 —
Commemorates the history
Federal
Daughters of the
Week
SEP 23, 2023
and importance of the U.S.
More Information
American
Constitution.
Revolution
Hispanic/Latino
SEP 15 —
Recognize the achievements
Federal
TVUSD Student
Heritage Month
OCT 15, 2023
and contributions of
State
Clubs
Hispanic Americans,
More Information
including the colorful
culture, rich histories, and
diversity.
Preparedness
SEP 2023
Opportunity to reflect and
Federal
Emergency
Month
act on shared responsibility
State
Management
to be prepared in the case of
More Information
when a disaster strikes.
Prostate Cancer
SEP 2023
Call upon all citizens to learn
Federal
Varies
Awareness
the early detection signs,
More Information
Month
support patients and
survivors, and educate about
treatment options.
Service Dog
SEP 2023
Devoted to raising awareness
State
Ronald H. Roberts
Month
and showing appreciation for
City
Library Staff
the extraordinary work
More Information
service dogs provide.
OCTOBER
Children's
OCT 2023
Raises awareness about ways
Federal
Alliance of Nurses
Environmental
to protect children from
State
for Healthy
Health Month
environmental toxins at all
More Information
Environments
stages and in all
communities.
Cybersecurity
OCT 2023
Highlights the importance of
Federal
Director of
Awareness
safeguarding city's
State
Information
Month
infrastructure from malicious
More Information
Technology &
cyber activity and protecting
Support Services
citizens and businesses.
Domestic
OCT 2023
Acknowledges the
Federal
Safe Family Justice
Violence
commitment to raising
State
Center
Awareness
awareness about domestic
More Information
Month
violence, which can include
physical, emotional and
sexual abuse as well as
neglect.
Dyslexia
OCT 8, 2023
Raises awareness about the
State
Varies
Awareness Day
learning disorder Dyslexia.
More Information
Fire Prevention
OCT 8 — OCT
Emphasizes fire prevention
Federal
Fire Chief
Week
14, 2023
strategies and fire safety
More Information
education.
Freedom from
OCT 2023
Re-evaluates the work
City
Bully Free
Workplace
environment to make sure
More Information
Workplace
Bullying Week
that employees have a safe
workplace.
Greek Food
OCT 2023
A Temecula traditional
N/A
Saint Nicholas
Festival Month
event, "Greek Festival", with
Greek Orthodox
food, drinks, music, dance,
Church
and games that exemplify the
Greek culture.
Manufacturing
OCT 2023
Celebrates the importance of
Federal
Chair of the
Month
U.S. manufacturing
State
Southwest
innovation and ingenuity.
More Information
California
Manufacturing
Council
White Cane
OCT 15, 2023
Recognizes the safety and
Federal
Varies
Awareness Day
independence of people who
More Information
are blind or visually -
impaired.
NOVEMBER
Family Court
NOV 2023
Recognizes the importance of
State
Family Court
Awareness Month
a court system that prioritizes
City
Awareness Month
child safety.
More Information
Committee and One
Mom's Battle
Native American
NOV 2023
Celebrates the heritage,
Federal
TVUSD Student
Heritage Month
culture, and experience of
State
Clubs
Indigenous peoples both
More Information
historically and in American
life today.
Pancreatic Cancer
NOV 2023
Raises awareness about
State
Pancreatic Cancer
Awareness Month
pancreatic cancer and
More information
Action Network
treatments.
Pechanga Pu'6ska
NOV 15, 2023
Celebrated to thank the
More Information
Pechanga Band of
Mountain Day
Pechanga Band of Luiseno
Indians Tribal
Indians for preserving the
Council
Pu'6ska mountain through a
historic settlement.
Small Business
NOV 25, 2023
Celebrate and support small
Federal
Women Impacting
Saturday
businesses and all they do for
State
Public Policy
their communities.
city
More Information
#ValleyGIVESday
NOV 28, 2023
Local day of giving on the
More Information
Varies
Tuesday following
Thanksgiving known as
national Giving Tuesday.
Veteran Owned
NOV 1 —
Support local veteran -owned
More Information
Varies
Business Day
NOV. 5, 2024
businesses.
Veteran and
NOV 2023
Recognizes the important role
Federal
Varies
Military Families
of military families.
More Information
Day
World Pancreatic
NOV 16, 2023
Raises awareness about
More Information
Pancreatic Cancer
Cancer Awareness
prevention and treatment of
Action Network
Day
pancreatic cancer.
DECEMBER
Day of Persons
DEC 3, 2023
International observance promoted
Federal
SoCal
with Disabilities
by the United Nations since 1992 to
More Information
Adaptive
promote the rights and well-being of
Sports
persons with disabilities.
DATES VARY
Annual
VARIES
Memorial of those who are
N/A
Jacob's House
Community
loved and lost.
Candlelight
Tribute Day
Because Nice
VARIES
Support of Temecula Valley
N/A
TVUSD
Matters Week in
Unified School District's social
Temecula
campaign of kindness and anti -
bullying.
Circus Vargas
VARIES
Recognizes one of the world's
N/A
Circus Vargas
Days
biggest traveling circuses that
traditionally returns to Temecula
annually.
Relay for Life
VARIES
Recognizes the fundraising
More
American Cancer
Day
event by the American Cancer
Information
Society
Society "Relay for Life"
Sister City
EVERY 5
Celebrate the anniversary of
N/A
Temecula Valley
Daisen
YEARS
Temecula's sister City, Daisen,
History Museum
Anniversary
Japan.
Toastmasters
VARIES
Promotes their club and the
More
Toastmasters Club
Month
value of the Toastmasters
Information
Temecula
program.
Voices for
VARIES
A CASA Volunteer is a Court
More
Voices for Children
Children CASA
Appointed Special Advocate
Information
Volunteers Day
appointed by a judge to abused
or neglected children.
Item No. 15
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 10, 2023
SUBJECT: Approve Annual Legislative Platform for Calendar Year 2023 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council approve the annual legislative platform for calendar year 2023.
BACKGROUND: On May 12, 2015, the City Council approved the City's first Legislative Platform. The Platform is a compilation of general and City -specific policy statements.
The general policy statements reflect commonly -accepted positions on matters pertaining to local governance of cities in the State of California. The City -specific policy statements reflect positions that the City of Temecula has directly and collectively taken in the past. Recovery and funding principles are also included. All policy statements in the Platform are consistent with the policies outlined in the City of Temecula's governing documents (i.e., General Plan, Specific Plan, Quality of Life Master Plan, Trails and Bikeways Master Plan, Youth Master Plan, etc.). The Platform is adopted annually at the beginning of each year and reflects positions taken by the City Council in the prior year that were not already incorporated in the Platform. Positions taken on Propositions 26 and 27 were added. There were no other substantive changes to the Platform. The City's state and federal lobbyists will receive the updated Platform after adoption.
FISCAL IMPACT: None
ATTACHMENTS: 1. 2023 Legislative Platform
2. Legislative Policy and Procedures
CITY OF TEMECULA
2023 STATE AND FEDERAL LEGISLATIVE PLATFORM
Approved: January 10, 2023
The Legislative Platform is a tool to protect and promote the City's interests on priority issues and legislative/regulatory matters that may impact the City at the state and federal level. The guiding principles and policy statements below allow City staff and legislative advocates to address legislative and regulatory issues in a timely and directed manner, without precluding City Council consideration of additional legislative matters arising throughout the year. This platform supplements existing City Council established goals and policies in various documents including the City's General Plan and Quality of Life Master Plan (QLMP).
GUIDING PRINCIPLES
Preservation of Local Control
Support measures that preserve and protect the City's general law powers and duties to enact legislation and policy direction concerning local affairs. Oppose measures that preempt local authority.
II. Promotion of Fiscal Stability
Support measures that promote fiscal stability, predictability, and financial independence. Support measures that preserve and promote the City's revenue base.
Oppose measures that mandate costs with no guarantee of local reimbursement or offsetting benefit. Oppose measures that shift local funds to the county, state or federal government, without offsetting benefit.
III. Support Funding Opportunities
Support measures that allow the City to compete for its fair share of regional, state and federal funding including competitive grants and other funding programs. Support measures that promote dedicated funding streams at the regional, state and federal levels allowing the City to maximize local revenues, offset and leverage capital expenditures, and maintain City goals and standards.
POLICY STATEMENTS
ADMINISTRATIVE SERVICES
General Area of Review: Elections, Ralph M. Brown Act, Public Records Act, Political Reform Act, conflict of interest, insurance, tort reform and open and transparent government.
General Policy Statements:
• Supports legislation that recognizes the need to conduct the public's business in public. • Support legislation to allow alternative methods of meeting public notice requirements and enhancing them through the use of cost effective and innovative, technology friendly methods of communication.
• Support legislation to improve and streamline the Political Reform Act and its implementation through regulations.
• Support legislation that would allow a city presented with an allegation of a violation of the California Voter Rights Act (CVRA) to address the allegation before any person may file a lawsuit related to the alleged violation.
• Support legislation to reduce unnecessary and costly procedures for conducting a municipal election.
• Oppose legislation that mandates costly and unnecessary procedures related to the election process.
• Support legislation providing city councils more flexibility to fill city council vacancies including extending the appointment period to fill a vacancy. • Support legislation to allow cities to conduct mail ballot elections when appropriate to reduce the cost of elections and increase voter turnout. • Support legislation that limits the exposure of local governments to lawsuits related to liability, including unimproved natural conditions and design immunity.
City -Specific Policy Statements:
• Resolution No. 03-22 — Support legislation that preserves the ability of public agencies to have a meaningful invocation as a free speech right during public meetings. • Resolution No. 04-41 — Oppose legislation that would prohibit or limit the ability of local government to conduct Closed Session consistent with the Ralph M. Brown Act. • Resolution No. 05-88 — Support legislation and funding that preserves and protects local authority over cable and video services ensuring the ability of local governments to meet their public, educational and government (PEG) access needs. • Resolution No. 09-50 — Support legislation that allows legal notices to be published electronically on the City's website.
• Resolution No. 09-71 — Support legislation to apply the Ralph M. Brown Act to the State Legislature, including provisions requiring advance notice and publication of matters to be voted upon.
• Resolution No. 11-49 — Support legislation that provides the City with an ability to be represented by one congressional district.
• Resolution No. 12-40 — Support legislation to assist California businesses to comply with the Americans with Disability Act without frivolous lawsuits. • Minute Order (3/10/15) — Oppose legislation that broadly mandates district -based election systems in cities without analyzing the specific needs of a community. (2015 — oppose AB 278 (Hernandez): District Based Elections)
2 COMMUNITY SERVICES
General Area of Review: Parks, recreation, libraries, cultural arts, youth, community and human services programs.
General Policy Statements:
• Support legislation and funding for the development and preservation of open space consistent with the City's General Plan, Trails and Bikeways Master Plan and other related policies.
• Support legislation and funding for the construction, rehabilitation and maintenance of public facilities, parks and open space.
• Support legislation and funding for overall youth programs consistent with the City's Youth Master Plan.
• Support legislation and funding for policies and programs that promote the overall health and wellness of families, veterans, seniors and youth in the City. • Support legislation and funding for youth -related prevention and intervention programs, including after school educational and recreational programs. • Support legislation and funding associated with comprehensive strategies to solve homelessness consistent with the City's Responsible Compassion program.
City -Specific Policy Statements:
• Resolution Nos. 99-88 and 06-38 — Support legislation and funding for the construction and improvement of community libraries and the program services provided at library facilities.
• Resolution No. 00-02 — Support legislation and funding for state and local park projects and allow urban areas to expand recreation facilities to serve youth, seniors and families. • Resolution No. 08-76 — Support legislation and funding to provide assistance to Vietnam veterans exposed to Agent Orange.
• Resolution No. 09-80 — Oppose legislation that would bar or severely limit physician - owned hospitals or otherwise negatively impact health care access in our region. • Resolution No. 11-36 — Support legislation that extends qualified immunity to local public agencies that operate public skateboarding parks indefinitely. • Resolution No. 11-48 — Oppose legislation increasing notification requirements for cities that want to opt out of the county free library system to outsource the administration and operation of their libraries to a private for profit company. • Resolution No. 11-69 — Support legislation requiring private insurance companies to cover autism treatment.
• Minute Order (6/10/14 and 3/10/15) — Support legislation that provides greater opportunities for higher education learning in the City. (2015 — Support AB 288 (Holden):
College and Career Access Partnerships)
EMPLOYEE RELATIONS
General Area of Review: Labor relations, employee relations and other matters related to human resources.
3 General Policy Statements:
• Support legislation that increases local control and limits additional financial burdens related to employee relations and collective bargaining that can be appropriately negotiated at the bargaining table.
City -Specific Policy Statements:
• Resolution No. 97-77 — Support legislation that preserves the ability of local, regional and state government to contract with private firms on a competitive basis to design projects.
ENVIRONMENTAL QUALITY
General Area of Review: Air, water and water quality, climate change, CEQA, integrated waste management, hazardous materials, coastal issues, and utilities.
General Policy Statements:
• Support legislation and funding to create a sustainable and stable water supply, encourage conservation of water resources and reduce urban runoff pollution. • Support legislation and funding for renewable energy and advanced technologies that reduce energy use while providing a public benefit that is greater than the cost of compliance.
• Support legislation and funding for local government energy efficiency and renewable energy programs.
• Support legislation and funding for recyclable materials markets while maintaining local authority and flexibility to regulate solid waste and recyclables.
City -Specific Policy Statements:
• Resolution No. 95-37 — Support legislation that provides adequate safeguards to ensure conservation of threatened and endangered wildlife resources while balancing significant quality of life and financial impacts on local communities. • Resolution Nos. 96-126 and 97-59 — Support legislation and funding for flood control and prevention programs, including those that affect Murrieta Creek and Temecula Creek. • Resolution Nos. 98-36 and 08-78 — Support legislation and funding for the development of new technology to promote clean fuel and combat air pollution while providing a public benefit that is greater than the cost of compliance.
• Resolution No. 99-49 — Support legislation and funding for a safe, clean and reliable water supply for California.
• Resolution No. 08-77 — Support legislation that reduces emissions from marine vessels affecting air quality while providing a public benefit greater than the cost of compliance. • Resolution No. 11-81 — Support legislation to expand wilderness areas that enhance local tourism and improve recreational opportunities for future generations. 4 HOUSING, COMMUNITY, ECONOMIC DEVELOPMENT
General Area of Review: Land use, development, annexation and incorporation, building standards, economic development, redevelopment and enterprise zones, mobile home and sign regulations.
General Policy Statements:
• Support legislation and funding to strengthen the capability of local agencies to prepare, adopt and implement plans for responsible growth, development, zoning, and annexations.
• Support legislation and funding for the adoption of effective state building codes to promote community building safety and mitigation of natural hazards. • Support legislation and funding for the adoption of effective and clear green building standards in the California Building Code while providing a public benefit that is greater than the cost of compliance.
• Support legislation and funding programs that promotes the development and enhancement of safe, affordable, and accessible housing within the City for all economic segments of the population.
• Support legislation and funding for improvements to housing element law to provide clear processes and flexibility to allow regional cooperation and establish realistic housing goals and performance standards.
• Support legislation that promotes the fair and effective distribution of State infrastructure bond funds consistent with the needs of diverse local cities. • Support funding mechanisms that encourage and facilitate infrastructure development and economic development.
• Support legislation that streamlines the redevelopment dissolution process with consistency and equitability.
• Support legislation to retain existing fees on telecommunications services and for public, educational and governmental channels.
• Oppose legislation to restrict the authority of cities to zone and plan for the deployment of telecommunications infrastructure.
• Support legislation that promotes the ability of cities to maintain and manage the public right-of-way and receive compensation for its use.
City -Specific Policy Statements:
• Resolution No. 96-53 — Oppose legislation to prohibit the concurrent sale of fuel and alcohol negatively impacting local businesses.
• Resolution No. 04-44 — Oppose legislation that limits the ability of local government to determine conditions for approval for local projects and transfers local land use authority to the State.
• Resolution No. 04-83 — Support legislation exempting hot air balloons from PUC regulations that require accident liability insurance as commercial air operators and aircraft.
• Resolution No. 10-64 — Support legislation that permits the shipment of wine directly to consumers without discrimination between in -state and out-of-state wine producers. 5 • Resolution No. 12-66 — Support legislation prohibiting bulk sales of real estate owned properties by the FHFA to investors converting them into rental properties. • Minute Order (8/23/11) — Oppose legislation for quarry projects within the City's boundaries or sphere of influence.
• Resolution No. 22-60 — Support legislation permitting expansion of in -person gaming on tribal lands, including lands owned and operated by Pechanga Band of Indians. • Resolution No. 22-61 — Oppose legislation permitting online gaming in the State of California, in lieu of or notwithstanding in -person gaming options on tribal lands, including lands owned and operated by Pechanga Band of Indians.
PUBLIC SAFETY
General Area of Review: Law enforcement, fire and life safety, emergency communications, emergency services, disaster preparedness, Indian gaming, and nuisance abatement.
General Policy Statements:
• Support legislation to provide a greater share of and increased latitude to spend asset forfeiture funds.
• Support legislation to improve local law enforcement, fire suppression and prevention, hazardous materials mitigation, rescue, emergency medical services, and disaster preparedness.
• Support legislation to reimburse the City for overtime costs paid to public safety personnel who are required to appear in State and/or County courts. • Support legislation to grant state and federal funding to supplement local law enforcement to increase staffing, equipment and capital improvements to maintain public safety.
• Support legislation and funding to provide law enforcement/public safety agencies greater access to wireless communication necessary to support a national wireless broadband network capable of use by any public safety entity to serve and protect communities throughout the nation.
• Support legislation and funding that promotes comprehensive and effective drug and alcohol education and rehabilitation programs.
• Support legislation and funding to assist local law enforcement to reduce crimes related to illicit drugs, burglary, and assault, including domestic violence, and sobriety and driver's license checkpoints.
• Support legislation to prohibit the manufacture, import, sale and use of dangerous synthetic substances that mimic marijuana, methamphetamine and heroin. • Support legislation that prevents juvenile access to alcohol and illegal drugs. • Support legislation to deter drivers from operating motor vehicles while under the influence of alcohol and drugs.
• Oppose legislation to expand "early release" for low -risk serious and violent offenders without an increase in sustained funding to ensure responsible supervision by parole agents and for local agencies that provide post -release supervision. • Support legislation that provides frontline funding for police services associated with the "early release" of state prisoners as a result of state -mandated criminal justice realignment provisions.
0 • Support legislation and funding to strengthen and enforce legal protections for all individuals who are victims of crime, including minors and victims of family violence and sexual assault.
• Support legislation to maintain or increase funding for shelters, victim advocacy, trauma and crisis counseling and related mental health services, to assist victims of violent crime, especially minors and victims of family violence and sexual assault. • Support legislation and funding to coordinate homeland security programs, training and emergency response efforts among federal, state, and local governments with clearly defined roles and responsibilities.
• Support legislation and funding for Urban Area Security Initiative ("UASI") and other funding initiatives administered by the Department of Homeland Security to enhance the City's ability to respond to regional or national threats. • Support legislation and funding to secure adequate frequencies and communications systems for multi -jurisdictional connectivity for public safety and protect the frequencies from intrusion.
• Support legislation to increase Emergency Management Performance grant funding retaining flexibility in use of funds for emergency preparedness training, disaster events and disaster communication efforts.
• Support legislation and funding to treat and assist the needs of at -risk juvenile offenders and juveniles placed on court -ordered formal probation. • Support legislation and funding for programs that protect youth from tobacco, alcohol and drug use, and related prevention and intervention programs including gang prevention and after -school programs.
City -Specific Policy Statements:
• Resolution No. 97-87 — Support legislation and funding to promote and preserve the ability of local government to control public safety issues in their communities. (2015 — Oppose AB 718 (Chu): Vehicle Use for Human Habitation)
• Resolution No. 02-71 — Support legislation and funding for the Emergency Alert System to inform the public of Amber Alerts and related information. • Resolution Nos. 02-73 and 04-22 — Support legislation and funding for public dissemination of information by the Department of Justice pursuant to Megan's Law. • Resolution No. 06-17 — Support legislation and funding to improve interactions between wireless service providers and law enforcement during emergency situations. • Minute Order (9/22/92) — Support legislation that provides municipal immunity for high speed pursuits.
• Minute Order (1/11/94) — Support legislation that strengthens anti -pornography laws. • Minute Order (8/9/94) — Support legislation and funding for graffiti abatement programs.
REVENUE AND TAXATION
General Area of Review: Finance administration, taxation reform, general and special revenue and revenue sources at the federal, state and local levels.
General Policy Statements:
7 • Support legislation and funding for the preservation and enhancement of the City's ability to generate and retain sales and use tax revenue, and local point -of -sale revenue allocations.
• Oppose legislation to reduce or remove tax-exempt status of municipal bonds. • Oppose legislation to alter the manner by which transient occupancy taxes are calculated and collected to the City's detriment.
• Support legislation and funding that preserves and enhances a positive business climate and maintains and grows the business tax base.
City -Specific Policy Statements:
• Resolution No. 91-26 — Support legislation that limits the ability to redistribute existing revenue sources amongst schools, cities, counties and special districts as a solution to address service levels.
• Resolution No. 95-90 — Support legislation that ensures the equitable distribution of sales tax revenue between the state and local government, specifically cities. • Resolution No. 96-62 — Oppose legislation that restricts cities from generating new development revenues and erodes revenue generation and taxing authority of local government.
• Resolution No. 02-26 — Oppose legislation limiting the ability of cities to decide how sales tax revenues are distributed for local vital and essential services, including police and fire protection, street repair and lighting, libraries, parks and other services. • Resolution No. 03-27 — Support legislation that preserves the ability to allocate revenue from the Indian Gaming Special Distribution Fund to local governments impacted by tribal gaming.
• Resolution Nos. 91-41, 03-137, 08-82 and 10-22 — Support legislation that requires voter approval before the state can appropriate local tax funds to fund state operations and responsibilities or outwardly prohibits the borrowing or taking of such funds. • Resolution No. 04-64 — Oppose legislation diluting the amount of funds to counties and cities to mitigate impacts from tribal gaming.
• Resolution Nos. 02-123 and 12-67 — Support legislation and funding that enhances or preserves current level of Vehicle License Fees (VLF) and protects VLF allocation to newly incorporated cities and cities with inhabited annexations that rely on VLF revenues. • Resolution No. 10-56 — Support legislation that provides tax benefits as an incentive for people to utilize public transit to commute to work.
• Resolution Nos. 11-15 and 12-26 — Support legislation and funding that provides alternatives to the dissolution of redevelopment agencies in California.
TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS
General Area of Review: Transportation, construction, telecommunications and general public works related areas.
General Policy Statements:
• Support legislation to ensure the City receives its fair share of transportation revenue and increase funding for local transportation and transit programs and projects. 0 • Support legislation to protect dedicated transportation -related tax revenues and enhance the ability of local agencies to finance local transportation programs and facilities, including the gas tax and bond funds.
• Support legislation that gives priority to self-help and "super" self-help counties when allocating bond funding and other transportation funding mechanisms. • Support legislation to improve access and funding to public transportation. • Support legislation and funding mechanisms that support and encourage the use of transit and non -motorized transportation.
• Support legislation that enhances the safety of city streets and arterials for vehicular, bicycle, and pedestrian traffic.
• Support legislation that will reduce traffic congestion and support regional transportation programs.
• Support legislation and funding opportunities for upgrades and/or separations for at - grade crossings.
• Support legislation that increases local flexibility in the allocation of transportation capital funds.
• Support legislation that encourages the use of design -build methods to facilitate a faster, stream -lined approach to project delivery.
• Oppose legislation to eliminate or restrict the use of Riverside County State Improvement Transportation Funds, federal transportation funding, Measure A, or Gas Tax funding for local transportation projects
City -Specific Policy Statements:
• Resolution No. 90-56 — Support legislation that creates flexibility for the use of all available State revenues for the maintenance and improvement of highway and mass transit projects without reducing funds for other state programs. • Resolution No. 97-79 — Support legislation and funding that ensures trucks entering and traveling through California meet U.S. safety and environmental standards. • Resolution No. 99-66 — Support legislation to allow state and local government agencies to use private architects and engineers thereby supporting the Fair Competition and Taxpayer Savings Act.
• Resolution No. 04-23 — Oppose legislation that will limit or impose restrictions on the City compromising its ability to properly control, operate and maintain SR 79N and SR 79S. • Resolution No. 04-54 — Support legislation and funding for federal transportation infrastructure and programs. (2015 — Support SB 16 (Beall): Transportation Funding) • Resolution No. 04-127 — Support legislation and funding to improve local, state and federal infrastructure including highways, bridges, railways, transit systems, airports, harbors, water, and wastewater systems.
• Resolution 09-36 — Support legislation and funding for the Federal Safe Routes to School (SRTS) program pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act, including funding for crossing guards, engineering improvements around schools, traffic calming measures, improved street crossings, sidewalks, bike lanes, and walkways to create safer routes to school.
• Resolution No. 07-26 — Support legislation providing expedited review of projects by the Department of Transportation where local funds have been contributed towards a state highway project by local or regional agencies.
• Minute Order (3/25/14) — Support legislation and funding that provides for bicycle and pedestrian infrastructure.
0 CITY OF TEMECULA
POLICY AND PROCEDURES
FOR LEGISLATIVE PROGRAM
Purpose:
The primary purpose of a Legislative Program is to coordinate and advance the City's legislative agenda to enhance its ability to govern and provide essential municipal and community services. The Legislative Platform is the mechanism through which the Legislative Program is administered. The Legislative Platform serves as a reference document for legislative positions providing guidance to the City Council, staff and the City's legislative advocates in considering legislative proposals introduced at the state and federal levels in a timely manner.
Policy:
The Legislative Platform contains general policy statements and City -specific policy statements.
The general policy statements reflect commonly -accepted positions on matters pertaining to local governance of general law and charter cities in the State of California. The City -specific policy statements reflect positions that the City of Temecula has directly and collectively taken action on in the past. All policy statements in the Legislative 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.) Procedure:
The Legislative Program ("Program") and Legislative Platform ("Platform") provide a streamlined process through which the City Council, staff and the City's legislative advocates can act in a timely manner in response to legislative proposals. The Platform provides an opportunity to identify specific priority areas of interest for the City and region that would benefit the community. The Platform is adopted annually at the beginning of the legislative year. The Platform is developed and maintained using legislative positions taken by the City Council, a review of legislative priorities from the League of California Cities and National League of Cities, input from the City Council and staff, research of current law and pending legislation, and discussions with local legislative staff and the City's legislative advocates.
Federal and state legislation consistent with the Platform may be supported by the City.
Legislation inconsistent with the Platform may be opposed by the City. Positions taken by the City in addition to "Support "or "Oppose" may include "Support if Amended" and "Oppose Unless Amended". The City may also provide a letter of concern or interest without taking a formal position on a piece of legislation.
Initial requests to take positions on legislative matters will be reviewed and approved by the City Manager and/or designee. Approved requests that are consistent with the City's Platform will be coordinated for the Mayor's approval and signature. Requests that are inconsistent or silent in the City's Platform may be placed on an agenda for consideration by the City Council.
In addition to coordinating formal action through the City Council, staff will administer the City's Legislative Program by generally performing the following functions:
• Work with Department Directors and staff to identify matters of legislative importance and develop positions on federal and state legislative proposals and general matters of legislative interest.
• Communicate matters of legislative importance to the City Council through periodic updates, and identify and coordinate positions for formal action by the City Council. • Review positions and analysis done by the League of California Cities, National League of Cities, legislative advocates, and local government/professional associations in formulating positions.
• Monitor and track key bills through the legislative process utilizing the City's advocacy services, legislative websites, and govern ment/professional associations. • Communicate the City's positions to federal, state, and county legislators. • Participate as needed in the drafting and amending of legislative proposals that significantly impact the City.
• Work with the League of California Cities, National League of Cities, legislative advocates, other cities and local government/professional associations on legislative matters of mutual concern.
• Participate and attend legislative briefings and meetings to actively engage and stay apprised of legislative trends and upcoming legislation.
Item No. 16
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 10, 2023
SUBJECT: Consider Appointments to City Council Committees for Calendar Year 2023 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council appoint members to serve on committees for calendar year 2023 and approve related City Council Committee Appointments List.
BACKGROUND: The City Council annually appoints members of its legislative body to serve as liaisons to City boards and commissions, external organizations, standing committees, and ad hoc subcommittees. Each year the City Council Committee Assignments List is reviewed and revised for the upcoming calendar year. The Council Members appointed serve a calendar year (January 1 — December 31). For appointments to external organizations that include a stipend, Form 806 is completed and posted pursuant to requirements set forth by the Fair Political Practices Commission. Proposed changes to committee names, dates, and/or descriptions are visible in italics and/or strikethrough text. It is therefore recommended that the City Council review and approve the committee list and make related appointments.
FISCAL IMPACT: None
ATTACHMENT: City Council Committee Assignments List
2023 CITY COUNCIL COMMITTEE ASSIGNMENTS
(Last Updated: January 10, 2023)
Commission Liaison (One Member)
Current Member
Community Services Commission
Stewart
Old Town Local Review Board
Note: Inactive Pending Reorganization of Purpose and Makeup Alexander
Planning Commission
Schwank
Public/Traffic Safety Commission
TBD
Race, Equity, Diversity, and Inclusion Commission
Schwank
Standing Committees (Two Members) — Publicly Noticed
Current Members
Arts and Cultural Affairs Subcommittee
TBD, Schwank
City Sustainability Program Subcommittee
TBD, Stewart
E-Government and Temecula Outreach Subcommittee
TBD, Schwank
Economic Development Subcommittee
TBD, Stewart
Old Town Steering Subcommittee
Alexander, Schwank
Finance Subcommittee
TBD, TBD
Infill Land Use and Project Review Subcommittee
TBD, Stewart
Infrastructure Beautification Subcommittee
TBD, Stewart
Joint City Council/TVUSD Subcommittee
TBD, Schwank
Military Subcommittee
Alexander, Schwank
Move 1-15 Through Temecula Valley Subcommittee
TBD, TBD
Murrieta/Temecula Subcommittee
Alexander, TBD
Parks, Recreation and Community Services Subcommittee
Schwank, Stewart
Public Works Subcommittee
TBD, TBD
Surplus Lands Act Subcommittee
TBD, TBD
Representative Assignments — Meet In Person As Needed
External Organizations - Stipend Not Included
Current Member(s)
Animal Shelter Liaison/JPA Representative
Schwank
League of California Cities — Voting Delegate
Note: Mayor and Mayor Pro Tem Unless Otherwise Designated Schwank, (Alternate Stewart)
National League of Cities — Voting Delegate
Note: Mayor and Mayor Pro Tem Unless Otherwise Designated Schwank, (Alternate Stewart)
Pechanga Tribal Council Representative
TBD
Rancho California Water District Liaison
Stewart, Alternate Schwank
Southwest Riverside County Energy Authority JPA
TBD, Schwank
Temecula Sister City Liaison
Schwank
Representative Assignments — Meet In Person Regularly
Current Member(s)
External Organizations — Stipend Included
Western Riverside County Regional Conservation Authority (RCA) TBD, (Alternate Stewart)
Note: Meet Monthly on 1st Monday at 12:30 p.m.
Riverside County Habitat Conservation Agency Board (RCHCA) Alexander, (Alternate TBD)
Note: Meet Quarterly on 3rd Thursday at 11:30 a.m.
Riverside County Transportation Commission RCTC
TBD, Alternate Schwank
Note: Meet Monthly on 2nd Wednesday at 9:30 a.m.
Riverside Transit Agency (RTA)
Schwank, (Alternate TBD)
Note: Meeting Monthly on 41" Thursday at 2:00 p.m.
WRCOG Executive Committee and Zone Committee
Stewart, (Alternate Alexander)
Note: Meet Monthly on 1st Monday at 2 p.m.
Ad Hoc Committees (Two Members)
Current Members
Altair Property Ad Hoc Subcommittee
TBD, TBD
Butterfield / Temecula Parkway Properties Ad Hoc Subcommittee
TBD, TBD
Council Protocol Manual Ad Hoc Subcommittee
TBD, TBD
Community Service Funding Ad Hoc Subcommittee
Schwank, Stewart
Diaz Property Ad Hoc Subcommittee
TBD, TBD
French Valley Parkway Interchange Ad Hoc Subcommittee
TBD, TBD
General Plan Update Ad Hoc Subcommittee
TBD, Stewart
Higher Education Ad Hoc Subcommittee
TBD, Schwank
Hospital Ad Hoc Subcommittee
TBD, TBD
Human Services Ad Hoc Subcommittee
Alexander, TBD
innfillLand Use and Droicnt Review 4d Hon S ihnn�m
ttee
TR�S4o��
0 Tm�
Legislative and I eeal Centre! Ad Hoc Subcommittee
TBD, TBD
rgaririti--rra--Re Great�Qenter Ad Hee S ih +emnmittee
CQnh Stewart
Memorial and Monument ❑ellsy Ad Hon S ihnommittee
Alexander Stewart
Murrieta Creek Project Ad Hoc Subcommittee
TBD, Schwank
Old Town Civic Center Ad Hoc Subcommittee
Alexander, Stewart
Derfermi .g Arts Center Ad Her+ Subcommittee
TR�vtev.fart
DTn�lrre RAC- of I --Fat'GRs Ord H9G C.ubGG ttee
TBID0 Stewart
Promenade in Temecula Ad Hoc Subcommittee
TBD, TBD
Public Safety Ad Hoc Subcommittee
Alexander, TBD
Regional GaRGer Ad Hen Cih�m �
TTR TBD
Roripaugh Ranch (aka Sommers Bend) Ad Hoc Subcommittee
TBD, Schwank
Seraphina Property Ad Hoc Subcommittee
TBD, TBD
Service Level Assessments Ad Hoc Subcommittee
Schwank, Stewart
Short Term Vacation Rentals Ad Hoc Subcommittee
Schwank, Stewart
Strategic Fiscal Planning Ad Hoc Subcommittee
TBD, TBD
Supportive Housing/Services Ad Hoc Subcommittee
TBD, Schwank
Trails / Open Space Ad Hoc Subcommittee
Schwank, Stewart
TVE2 (Small Business Incubator) Ad Hoc Subcommittee
Alexander, Stewart
Uptown Temecula Ad Hoc Subcommittee
Alexander, TBD
Wall of Honor d Hon SubGOMFnrttee
Alleve , ��
0 Ad Hoc Subcommittees are formed for a specific limited purpose and operate for a limited time until its purposes are fulfilled ("ad hoc") as opposed to "standing committees" that have continuing subject matter jurisdiction. The descriptions of the purposes and duration of the ad hoc subcommittees are as follows:
Altair Property Ad Hoc Subcommittee — This subcommittee will provide staff direction on development options for the property located west of Pujol below the western escarpment.
Development on this property would include the construction of the Western By -Pass Corridor and has potential for an "in town" residential neighborhood adjacent to Old Town. The term of this subcommittee is through the completion of the development and disposition of the property.
Butterfield and Temecula Parkway Properties Ad Hoc Subcommittee — The subcommittee will provide land use and project review direction to staff on the potential development proposals near the intersections of Butterfield Stage Road and Temecula Parkway and Deportola Road. The term of the subcommittee is through the development of properties adjacent to these intersections.
Community Service Funding Ad Hoc Subcommittee — This subcommittee reviews funding applications from various non-profit organizations requesting Community Service funding for the year. This subcommittee will meet in September/October 2023 and will make specific recommendations to the City Council for fiscal year 2023-2024 Community Service funding.
Council Protocol Manual Ad Hoc Subcommittee — This subcommittee will work with staff to develop a Protocol Manual similar to other cities consisting of various policies applicable to the City Council. The term of the subcommittee shall be through the completion and adoption of the Protocol Manual by the full City Council.
Diaz Property Ad Hoc Subcommittee — This subcommittee is responsible for evaluating and negotiating terms and conditions associated with the disposition and development of the Agency owned property located at the Northwest Corner of Diaz Road and Dendy Parkway. The term of this subcommittee is through the completion of the development or disposition of the property.
French Valley Parkway Interchange Ad Hoc Subcommittee — This subcommittee shall work with representatives from Caltrans, Federal Highways, and elected officials at the city, state, and federal levels for Phase 11 and 111. The term of this subcommittee is through the completion of the construction of the interchange project.
General Plan Update Ad Hoc Subcommittee — This subcommittee will provide direction and recommendations relating to the General Plan update project, which will kick-off with updating several supporting components including the Quality efLife Master Plan r^LMP+, Housing Element, Circulation Element. The term of this subcommittee is through the adoption of a comprehensive General Plan Update.
Higher Education Ad Hoc Subcommittee — This subcommittee is responsible for attracting and facilitating the development of a higher education facility and programs in the City of Temecula, including the new higher education complex acquired by MSJC and expansion of CSUSM in the City. Related recommendations will be provided to the City Council by December 2023.
Hospital Ad Hoc Subcommittee — This subcommittee will monitor and provide feedback on the implementation of the development plan for the existing Temecula Valley Hospital. It is anticipated that this subcommittee will need to continue through the implementation of the development plan.
Human Services Ad Hoc Subcommittee — This subcommittee will identify nonprofit stakeholders
and evaluate services and programs related to special needs, homelessness, seniors, behavioral and mental health, etc., ensuring coordinated delivery to underrepresented/underserved segments of the community. This subcommittee will also review funding associated with these programs and services for Fiscal Year 2023-2024 and report back on its recommendations to the City Council by December 2023.
1411 Land Use and PFE)OeGt Review Ad HGG SubGGF1qmmttee While this subGE)F1qMMttee will net be negetiating individual infill projeGtS, the will . . - lesely with staff to identify MaRagemeRt Plano aR d ",,,ing deGigRati„RG. Note: Transitioning to Standing Committee Legislative and LGGal GGR#E4 Ad Hoc Subcommittee - While the City continues to actively engage on the legislative front through its state and federal lobbyists with its guiding principles adopted annually through the legislative platform, this subcommittee will work with staff to create and implement a strategic initiative focusing on near-, mid-, and long- term legislative priorities needed to effectively engage with all stakeholders in effort to preserve local control. Related recommendations will be provided to the City Council by December 2023.
Mamarnta ReGreatoon Center Ad Hoc SubGornrn'ttee This subGornrnottee well work with staff to based UPGR GenqnqURity weFksheps and Reeds assessments during the design PFGGess. The teFR4 of this subGGFnFnmttee is through the GOMpletien of the design build at the Margarita ReGreatieFi SeRter. Note: Design build phase complete, project under construction.
Mernermal and Menument PGIOGY Ad HGG SubGernrnottee This subGeFnFnmttee will werk with staff CGURG01. The term of this subcommittee will be through the adoptiGR Of the related . Note:
Policy direction complete and approved by the City Council.
Murrieta Creek Project Ad Hoc Subcommittee - This subcommittee will provide direction and recommendations that involve the Army Corps of Engineers Project that improves Murrieta Creek to provide added flood protection. The term of this subcommittee is through the completion of the Murrieta Creek Improvement Project.
Old Town Civic Center Ad Hoc Subcommittee - This subcommittee is responsible for evaluating and negotiating terms and conditions associated with the disposition and development of the Agency owned property located adjacent to the Town Square along Main Street in Old Town. The term of this subcommittee is through the completion of the adjacent properties.
PeFfE)FMORq Arts GeRt-P Ad HGG Subg9mmottee This sybGGMMittee will werk with staff and the and related eppeFtunities. The term ef this subGeFnFnmttee is through the deVeIE)pFneRt Gf SUGh a GeRter With regular repeFts to the f„ll City GOUR, it Note: Combined under parks and recreation subcommittee.
- Note: Combined under public safety subcommittee.
Promenade in Temecula Ad Hoc Subcommittee - This subcommittee would provide direction and review of any potential development applications associated with the City's regional mall in 2023.
Related recommendations will be provided to the City Council by December 2023.
Public Recognitions Ad Hoc Subcommittee — This subcommittee reviews applications from the community to recognize various residents and businesses by providing them with a distinguished award of honor and/or other recognition beyond standard recognitions. The subcommittee will meet in September/October to review the annual nominations. Related recommendations will be provided to the City Council by December 2023.
Public Safety Ad Hoc Subcommittee — This subcommittee will work with staff to evaluate and discuss the City's public safety operations, opportunities for efficiencies, and other related matters. This includes evaluating alternatives to the police base of operations located at the Southwest Station. Related recommendations will be provided to the City Council by December 2023.
report baGk to the City COURGO! with appropriate reGOrnrnendatmORs by DeGernber 2023-. Note: This effort is being continued regionally through the Economic Development Coalition.
Roripaugh Ranch (aka Sommers Bend) Ad Hoc Subcommittee — This subcommittee will monitor and report on the issues affecting the community facility district bonds, and development issues affecting the Roripaugh Ranch Specific Plan and the development now known as Sommers Bend.
The term of this subcommittee is through the build out of the Roripaugh Ranch Specific Plan.
Seraphina Property Ad Hoc Subcommittee — This subcommittee will provide staff direction on development proposals at the property located on the northeast corner of Joseph Road and Nicolas Road. The term of this subcommittee is through the completion and buildout of the project.
Service Level Assessments Ad Hoc Subcommittee — This subcommittee will provide staff direction regarding landscape maintenance zones throughout the City, proposals for new assessments, public outreach and recommendations to the full City Council. The term of this subcommittee will be through the completion of the Proposition 218 process in December 2023.
Shert Term VaGatOE)R ReRtals Ad HOG SwbGOMMOttee This subcommittee will provide staff Note: The ordinance is complete.
Strategic Fiscal Planning Ad Hoc Subcommittee —This subcommittee will provide direction regarding fiscal policies and strategies related to new revenue streams and a new User Fee Study. Related recommendations will be provided to the City Council by December 2023.
Supportive Housing/Services Ad Hoc Subcommittee — This subcommittee will work with staff to
identify and implement solutions to provide both housing and supportive services for families and individuals who meet the criteria of extremely low, very low and low income by evaluating affordable housing development opportunities utilizing remaining affordable housing bond proceeds. The term of this subcommittee is through the expenditure of the available Affordable Housing bond proceeds.
Trails and Open Space Ad Hoc Subcommittee — This subcommittee will provide direction on efforts underway to enhance and complete existing trails and connections, consider additional trail ways for multi -purpose use including equestrian, pedestrian, and cycling. This subcommittee also provides direction on potential annexations of areas within the City's Sphere of Influence and potential purchase of permanent open space property. Related recommendations will be provided to the City Council by December 2023.
TVE2 (Small Business Incubator) Ad Hoc Subcommittee —This subcommittee will evaluate policies and procedures related to incubator use, including the 2nd floor which is planned to become a regional Entrepreneurial Resource Center, a one -stop shop for business assistance.
If requested, this subcommittee will also review applications from developing entrepreneurs for incubator use and selection in 2023-24. Related recommendations will be provided to the City Council by December 2023.
Uptown Temecula Ad Hoc Subcommittee — Git y GGURGil has given staff diror.tion t analyze the redevelopment of Uptown TeFneG !a the Gity'c first nommorrial dictriGt. This subcommittee will provide staff direction to analyze the potential urbanized extension of Old Town with increased commercial and corporate office opportunities, mixed use residential development, and the initial implementation of the Uptown Temecula Specific Plan and In -Lieu Road Fee. The term of this subcommittee is through the implementation and development of the Uptown Temecula Specific Plan.
Wall Of HGRor Ad HoG SubGommottee This subGemmottee will werk with staff to make ronr,g—ze outstanding Gitizonc. Note: Combined under public recognitions subcommittee.
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REQUEST TO SPEAK
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1989
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Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record..
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CITY OF TEMECULA
1989
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From: K Thompson <
Sent: Tuesday, January 10, 2023 6:43 PM
To: Council Comments
Subject: 1/10 City Council Meeting
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Temecula Council Members,
As a taxpayer in this community I am extremely appalled, embarrassed for our community, and extremely frustrated that members of our city council are citing "religious beliefs" as an excuse to discriminate against LGTBQI+ members of our community. These same members of our community pay taxes, help fund important programs in the community, are children in our schools, and are important members of our community. ANY council member or anyone holding a public office should never insert their own personal and religious beliefs onto the public as it is not only irresponsible and illegal, but those views do not represent the public. Any member who is citing "religious beliefs" for anything brought to the board's attention should recuse themselves immediately as it is wildly inappropriate, discriminatory, and extremely embarrassing for our town to even entertain.
Kendra T.
Subject: FW: Avoid hate/needless controversy
From: David Burrus ; Zak Schwank ; James
Stewart ; Curtis Brown ; Brenden Kalfus
; Jessica Alexander
Subject: Avoid hate/needless controversy
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Do not remove anything from the calendar. Temecula should honor its LGBTQ+ residents.They are our family members and friends. It would be shameful to take this recognition away from them and not reflect well on Temecula at all.
Discrimination based on religious beliefs is un-American.
Thank you!
All my best,
David Burrus
From: Dakota Chambers <
Sent: Tuesday, January 10, 2023 3:55 PM
To: Council Comments
Subject: Business Items #14/15 - Potential Elimination of Pride Month CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
To the City of Temecula Council Members,
I write today on behalf of my husband and myself who have been residents of the city since 2020 in support of keeping Pride Month for our community. If your objection is based on religious liberty then you should not have ran to represent all of our citizens. In addition, if that is your reason for proposing this measure my simple response would be to not attend the events. Just because you personally do not want to recognize this month does not mean you get to strip it away from those of us in a protected class, who pay our taxes and who look forward to bringing this part of the Temecula community and allies together every year. My protected rights/freedoms do not end just because they run up against someone who has a personal conflict. The freedom of religion is no more protected than my freedom from religion.
A very concerned Temecula citizen, tax payer and member of the LGBT+ community who lives alongside everyone else in this great city.
Dakota Chambers
(
From: Samantha Nguyen <
Sent: Tuesday, January 10, 2023 3:28 PM
To: Council Comments
Subject: Urgent: Items #1441 S
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Dear City Council,
Once again, we as a city find ourselves having to defend our rights against Councilwoman Alexander.
Her new target/goal of removing Pride Month from the proclamations is homophobic, discriminatory, and ignorant.
Alexander took an oath to represent the city as a whole, however, in my year of living in Temecula, I have only seen her represent her best interests.
Religion has no place in policies, hence the separation of church and state. If Alexander wishes to stand in front of people, preaching her beliefs she should have looked into becoming a pastor and not a city councilwoman.
From abortion rights to pride month, she continues pulling the religion card when convenient. Has she ever had BBQ pork while in Temecula? Leviticus. 11:7-8. says that's a big no -no. Have her children watched Harry Potter? Now, now, Alexander, Leviticus 20:27 says wizards should be put to death. What would her religion say if she was watching them for entertainment? I sure hope she hasn't checked -out Red Lobsters Shrimp deals given shellfish is off the table. Has her husband been to the barber? "You shall not round off the hair on your temples or mar the edges of your beard," says Leviticus 19:27. Let's not forget, "The women should keep silence in the churches," writes St. Paul in First Corinthians, 14:34-35. If Alexander is so intent on representing her religion, she should remain consistent. She can't stand in front of our community and pick and choose when she wants to be a good Christian/Catholic.
This is not an attack on religion, I support everyone's right to believe what/who they want to believe in.
However, there is an issue when those beliefs begin to impact the lives of others. If Alexander doesn't believe in the LGBTQIA community, then if a woman asks her on a date (don't worry they won't-yikes) then she should simply say, "No." You don't want to celebrate Pride month? Then, don't. I am so glad I could solve that very difficult issue for her. This solution was clearly very confusing for her to get to.
Councilwoman Alexander represents a walking contradiction. She uses her religion as a card when it is convenient and benefits her. I will remind you again that she is supposed to represent our community, not herself, not her religion, not her church or cult (aka our school board), or where she may come from.
When we moved to Temecula we felt that this was a warm, welcoming community. However, it feels that you are only welcomed or supported here if you follow the beliefs of everyone else.
Everyone has a voice. Everyone deserves love. Have we learned nothing about what hate does to our world? How the lack of acceptance and discrimination also severely impacts depression and suicide in the LGBTQIA community? Is that what Temecula wants to represent? Not allowing people to be happy with who they are? Silencing an entire community who deserves to feel like they too belong in this city.
From:
Eva Smith <
Sent:
Tuesday, January 10, 2023 3:14 PM
To:
Zak Schwank; James Stewart; Jessica Alexander; Brenden Kalfus; Curtis Brown Cc:
Randi Johl
Subject:
TEMECULA PRIDE MONTH PROCLAMATION
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Good afternoon Mayor and City Council members.
would like my email read into the record at the next City Council meeting.
My name is Eva Smith. I am a mom, wife, retired Telecommunications Engineer and Entrepreneur. I am also a 25 year resident of Temecula, a Christian and Temecula voter.
It has come to my attention, that once again Jessica Alexander is trying to disenfranchise the vulnerable members of our community by making a request that the City of Temecula consider revoking PRIDE MONTH. Her requests are discriminating, targeting, bullying and attacking the local LGBTQ+ community who are our neighbors; and deserve to live happily, feel loved and feel safe. It is not lost on me that in June 2022, she excused herself from a City Council meeting where our local LGBTQ+ community (including local High School students) was recognized.
There is no room for a normal high school experience for our LGTTQ+ youth when there is actual discrimination by any City Council member of the City of Temecula. There is no normalcy for LGBTQ+ residents and business owners when there is discrimination within the walls of the City of Temecula City Council. Many of us knowingly and unknowingly have family members who also identify as LGBTQ+.
Make our LGBTQ+ community feel loved, seen, respected and honored.
Keep Temecula's PRIDE MONTH Proclamation.
Thank you.
Eva Smith
From: Gia Rueda <
Sent: Tuesday, January 10, 2023 3:04 PM
To: Zak Schwank; Jessica Alexander; James Stewart; Curtis Brown; Brenden Kalfus; Council Comments; Randi Johl
Subject: Discrimination against the LGBTQ+ Community
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
[email protected]; [email protected]; [email protected]; Curtis. [email protected]; [email protected]; [email protected]; [email protected];
January 10, 2023
RE: Councilmember Alexander's attempt to discriminate against the LGBTQ+ Community in her shameful attempt to abolish the June Pride Month proclamation
Dear Honorable City Council members, and Jessica Alexander, Once again, the city is being dragged into the ugly spotlight of intolerance as the dishonorable Councilmember Jessica Alexander actively discriminates against the LGBTQ+ Community in her shameful attempt to abolish the June Pride Month proclamation.
I have a simple request this time of the remaining city council members: Please put Alexander on a leash, or better yet, a muzzle. She clearly does not understand that ,1. LGBTQ+ members of our community belong to a federally protected class, and deserve to live, work, visit, and to be celebrated just as everyone else; and 2. The dais is not her personal pulpit to spread her intolerant views. It is highly inappropriate for her to attempt to assert her religious belief upon the entirety of Temecula.
And to Ms. Alexander, you swore an oath. Perhaps an oath doesn't mean much to you, your religion, or your god. But that oath is significant to the citizens of Temecula. You don't get to pick and choose which citizens you serve: you serve the entire population of Temecula, not just those who worship the same deity as you.
Any use of your political power or influence for your personal religious bullying is highly inappropriate and illegal. if your personal religious beliefs are an impediment to doing the work of the council, then you should abstain from voting, or better yet, resign.
Subject: FW: Statement of Support for Inclusion of Pride Month in the City of Temecula's 2023 Proclamations List
From: Jeff Wittek , James Stewart ,
Jessica Alexander , Curtis Brown ,
Brenden Kalfus
Cc: Council Assistant , Aaron Adams
, Kevin Hawkins , Luke Watson
, Betsy Lowrey , Luisa Tovar
Subject: Re: Statement of Support for Inclusion of Pride Month in the City of Temecula's 2023 Proclamations List
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Good Afternoon Temecula City Council Members & City Officials, This email is intended to communicate our STRONG SUPPORT for the continued inclusion of Pride Month in the City of Temecula's 2023 proclamations list. The continued support of Pride Month, and its inclusion in the City's proclamation list, is essential to encourage a diverse and vibrant community and is vital to further elevate the quality of life of all City residents.
While the First Amendment to the U.S. Constitution establishes the right of everyone in the United States to practice his or her own religion (or no religion at all), the Establishment Clause of the First Amendment prohibits government from encouraging or promoting ("establishing") religion in any way.
The exclusion of Pride Month from the City's proclamation list based upon Council Members' religious beliefs would appear to be a clear example of City Council acting to promote the beliefs of a particular religion, which violates the fundamental intent of the Establishment Clause.
Temecula City Council members must never forget that our City was not incorporated to promote religious beliefs. The City of Temecula is not a theocracy.
Regards,
Jeffrey A. & CindySue Wittek
Temecula, CA 92591
From: Gillian Larson <
Sent: Sunday, January 8, 2023 2:03 PM
To: Randi Johl
Subject: Public comment for Tuesday 10th City Council meeting CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Public comment January 10th, 2023 re 2023 City Proclamation list Agenda item 14 under Business
Hi Randi, Please read my public comment at the meeting on Tuesday I cannot be there.
Good evening Honorable Mayor, City Council, City Staff and Temecula.
I am not able to be here tonight as I have a Board commitment, so my comment is via email this time.
Once again I commend you on your leadership in continuing to create the City we all want to live in and be proud of.
The list of Proclamations on your agenda once again reflects your commitment to recognizing all those groups that fit perfectly into your 7 Core Values Quality of Life Master Plan which can be seen on the City Website I do however see a few important and significant Proclamations missing I hope can be considered and added.
1. First Responders: to honor the men and women placing their lives on the line each and every day for us. National Day is Oct 28th
2. Youth Week. To celebrate and support our youth to encourage their potential and promise which is our future.National week is June 13-19
3, Senior Citizen day: To recognize all the contributions our seniors have made and will make for our city with all the years of their experience. National Day is Aug 21 st
4. All Cancer awareness. There is Prostate awareness recognized twice. Perhaps All Cancer awareness be recognized in October.
5. Physicians Week. The past years through Covid have demonstrated the significant value of their care. National Week is March 25th
If there are any Proclamations that are personally distasteful to any of our Council Members I hope the meeting is not hijacked again with a personal agenda and the Proclamation list vote to approve is not delayed and
it is decided that if any Council member objects to any of the Proclamations, they stay home the night of that Proclamation.
An expressed hateful personal bias has no place on the Council Dais.
Thank you again for the opportunity to "speak"
Gillian Larson
22yr resident of Temecula
Live life and love life.
Subject: FW: Agenda item #14 and #15 2023 proclamation vote From: Lana Salyer [
Sent: Sunday, January 08, 2023 12:10 PM
To: curtis.brown @temeculaca.gov; [email protected]; zak.schwa [email protected]; [email protected]; [email protected]
Cc:
Subject: Agenda item # 14 and # 15 2023 proclamation vote Once again city council member Jessica Alexander is taking up precious Temecula City Council time, to be a "mouth
piece" of the 412 church and Pastor Tim Thompson. Please vote yes to approve the June Pride Proclamation month. Do not let your fellow council member Jessica put the City of Temecula into our national news cycle, and make a mockery of our city once again!
Jessica's antics and her religious position is getting old making a "mockery" of our city. I have lived in Temecula for 34 years. Lana Salyer
I
From: Tiffany Tsai <
Sent: Sunday, January 8, 2023 11:21 AM
To: Council Comments
Subject: Comments for Meeting 1/10/2023
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
I would like to congratulate Council Member Brown and Kalfus, two of our newest members on the City Council. My husband and I have been residing in Temecula since 1999 and have started to be concerned about the direction of our city over the last four to five years. Some of our council members have started embracing "Woke Culture" and turning our once nice family community into one that places residents into groups. As an immigrant myself, I find this offensive.
WE ARE ALL AMERICANS PERIOD. I am glad to see Council Members Edwards and Rahn gone. I agree with Council Member Jessica Alexander that all opinions should be respected, not just what is popular with the "Woke crowd." My husband and I voted for Council Member Alexander because we believe our city needs someone to fight and push back against the state's lack of common sense policy. So far, she has not disappointed us. KEEP UP THE GOOD WORK.
The new city council for 2023 should focus on the important quality of life policy for the City of Temecula and not on the nonsense "Woke Agenda."
1) At least the top ten safest cities in the United States 2) Keep Temecula beautiful and clean (by holding the large chain stores like Target and Walmart responsible for keeping their parking lots clean of trash and debris and pick up their shopping carts around the city), 3) Have no tolerance for homeless individuals in our community (they seem to all come out at night). Mayor Zak Schwank if this sounds heartless to you than offer your personal home and have your family take care of them. 4) Lower city taxes ( Maryan Edward including City Manager Aaron Adams pushed for the tax increase in our city few years back) Shameful
5) Work on the traffic issue (enough of the traffic lights on every corner and "road diet." ) I see bike lanes everywhere but hardly anyone riding bikes except for the homeless people.
Sincerely
Tiffany
From: Latina Association <
Sent: Friday, January 6, 2023 9:25 PM
To: Randi Johl
Subject: Item 9 Public Comment Council Meeting 10January2023 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Item 9: Public Report Regarding Interim Urgency Ordinance on Behalf of S69 Dear members of the council, item 9 should be a vote to approve a plan to implement S69 (CA Home ACT) instead of being submitted to vote for an extension of the Interim Urgency Ordinance.
After a year and plus delaying public hearings, only exacerbate the already unaffordable housing crisis in our region. To have access to affordable housing is a human right and enhances quality of life. There is no reason to create a systematic legislative delay to avoid SB9 compliance nor to waste financial means in consultants; Temecula's planning commission knows that many cities had already adopted ordinance allowing building of a second unit on a single family home lot. For instance, take a look at the plan the City of Moraga introduced for the purpose to implement S69.
My request to the new council is to demonstrate efficiency, and compel the planning commission to produce a plan within 90 days; please refrain from further postponements and pass an ordinance.
Respectfully,
Martha Angelica Howard
Latina Association Riverside County, President
2021 Bosworth Award 75th Assembly District
LULAC Council 3190 Member
Former Temecula City Council District 5 Candidate
Temecula Woman of the Year NAACP-W.I.N.
Latina Association Riverside County
"To make a difference through engaging in public policy, education, and culture affirmation. "