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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
APRIL 25, 2006 - 7:00 PM
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can
be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
6:15 P.M. - Closed Session of the City Council pursuant to Government Code
Sections:
1. Conference with City Attorney and legal counsel pursuant to Government
Code Section 54956.9(a) with respect to two matters of pending litigation
involving the City. The following claims will be discussed: 1) Citizens Against
Noise and Traffic v. City of Temecula, et al. (Riverside Superior Court Case
No. RIC 445411 and 2) California Nurses Association v. the City of Temecula,
et al. (Riverside Superior Court Case No. RIC 445394).
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
Next in Order:
Ordinance: 06-05
Resolution: 06-34
CALL TO ORDER:
Mayor Ron Roberts
Prelude Music:
The Andrews Sisters
Invocation:
Pastor Dominic Occhipinti of Temecula Community Church
Flag Salute:
Council Member Edwards
ROLL CALL:
Comerchero, Edwards, Naggar, Washington, Roberts
PRESENTA TIONS/PROCLAMA TIONS
Mental Health Month Proclamation
Miracles for Kids Dav Proclamation
Architecture Week Proclamation
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the public may address the Council on
items that appear within the Consent Calendar or ones that are not listed on the agenda.
Speakers are limited to two (2) minutes each. If you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter not listed on the agenda, a
pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to Speak"
form must be filed with the City Clerk prior to the Council addressing that item. There is
a five minute (5) time limit for individual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the City Council request specific items be removed from the Consent Calendar for
separate action.
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1 .1 Motion to waive the reading of text of all ordinances and resolutions included in the
agenda.
2
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of March 28, 2006;
2.2 Approve the minutes of April 11 , 2006.
3 Resolution approvinq List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 Edward Bvrne Memorial Justice Assistance Grant Application
RECOMMENDATION:
4.1 Approve the Edward Byrne Memorial Justice Assistance Grant Application for a total
amount of $14,966.
5 A Resolution of the Citv Council of the Citv of Temecula cooperatinq with Southern
California Association of Governments (SCAG) as a 2% Strateqv Demonstration
Communitv for Communitv-Based Transportation Planninq (at the Request of Mavor
Roberts)
Recommendation:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
COOPERATING WITH SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS (SCAG) AS A 2% STRATEGY DEMONSTRATION
COMMUNITY FOR COMMUNITY-BASED TRANSPORTATION PLANNING
6 Tract Map No. 29353 (located east of Butterfield Staqe Road inclusive of North Loop Road
and South Loop Road within the Roripauqh Ranch Specific Plan)
RECOMMENDATION:
6.1 Approve Tract Map No. 29353 in conformance with the Conditions of Approval;
3
6.2 Approve the Subdivision Improvement Agreement and accept the Faithful
Performance and Labor and Materials Bonds as security for the agreement;
6.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as
security for the agreement.
7 Approval of the Plans and Specifications and authorization to solicit Construction Bids for the
Wolf Creek Fire Station. and approval of the Professional Services Aqreement with Vanir
Construction Manaqement. Inc. for Construction Manaqement. Material Testinq. and
Special Inspections - Proiect No. PW01-11
RECOMMENDATION:
7.1 Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit construction bids for the Wolf Creek Fire Station - Project No.
PW01-11;
7.2 Approve the agreement with Vanir Construction Management, Inc. to provide
professional construction management, material testing, and special inspection
services in an amount not to exceed $319,460 and authorize the Mayor to execute
the agreement;
7.3 Authorize the City Manager to approve amendments to the agreement not to
exceed the contingency amount of $31 ,946, which is equal to 10% of the agreement
amount.
8 Award the Construction Contract for Route 79 South Medians between 1-15 and Butterfield
Staqe Road - Proiect No. PW02-14
8.1 Award a construction contract for Route 79 South Medians between 1-15 and
Butterfield Stage Road - Project PW02-14 - including the Base Bid and Additive Bid
#2, to Beador Construction Company, Inc. in the amount of $4,655,000 and
authorize the Mayor to execute the contract;
8.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $465,500, which is equal to 10% of the contract amount;
8.3 Authorize an appropriation of $530,000 from Crowne Hill Community Facilities
District (CFD) - Caltrans Improvement Fund;
8.4 Authorize an appropriation in the amount of $1 ,728,279 from General Fund Capital
Reserves to fully fund this project.
9 Approve Economic Development Event Sponsorship Requests
RECOMMENDATION:
9.1 Approve the Event Sponsorship Agreement in the amount of $10,000 cash and City
support costs in the amount up to $6,100 for the Temecula Valley International Jazz
Festival;
4
9.2 Approve the Event Sponsorship Agreement in the amount of $35,000 for the
Temecula Valley Balloon & Wine Festival. In addition, the Festival requests that the
City will provide temporary logistical support of traffic control signs and devices to
assist with public safety during the Festival estimated at $1 ,400;
9.3 Approve the Event Sponsorship Agreement in the amount of $60,000 for the 2006
Temecula Valley International Film & Music Festival;
9.4 Approve an appropriation of an additional $30,000 to the original budget allocation
of $30,000 from the Unreserved General Fund bringing total sponsorship for the
2006 Temecula Valley Film & Music Festival event to $60,000;
9.5 Authorize the Mayor to execute the above-mentioned agreements.
10 Approve a Third Amendment for Plan Review Services.
RECOMMENDATION:
10.1 Approve the Third Amendment for Plan Check Services with Esgil Corporation in
the amount of $157,000 plus a 10% contingency.
********************
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT, AND THE
CITY OF TEMECULA REDEVELOPMENT AGENCY
********************
5
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
Next in Order:
Ordinance: No. CSD 06-01
Resolution: No. CSD 06-06
CALL TO ORDER: President Jeff Comerchero
ROLL CALL:
DIRECTORS:
Edwards, Naggar, Roberts, Washington,
Comerchero
CSD PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to
Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
CSD CONSENT CALENDAR
11 Minutes
RECOMMENDATION:
11 .1 Approve the minutes of April 11 , 2006.
12 Communitv Doq Park
RECOMMENDATION:
12.1 Approve the development of a Community Dog Park on three-quarters of an acre of
unused parkland on the southwest corner of Margarita Community Park;
12.2 Authorize staff to begin the installation of improvements to the proposed dog park
site.
6
CSD DEPARTMENTAL REPORT
13 Communitv Services Department Monthlv Report
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
Next regular meeting: Tuesday, May 9,2006, at 5:30 P.M., for a Closed Session, with regular
session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
7
TEMECULA REDEVELOPMENT AGENCY MEETING
Next in Order:
Ordinance: No. RDA 06-01
Resolution: No. RDA 06-04
CALL TO ORDER: Chair Person Mike Naggar
ROLL CALL
AGENCY MEMBERS: Edwards, Comerchero, Roberts, Washington,
Naggar
RDA PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item not on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
RDA CONSENT CALENDAR
14 Minutes
RECOMMENDATION:
14.1 Approve the minutes of March 28, 2006;
14.2 Approve the minutes of April 11 , 2006.
15 Emerqencv and Larqe Vehicle Access Easement Deed
RECOMMENDATION
15.1 Approve the Grant of Emergency Vehicle Access Easement Deed for the Habitat for
Humanity property located at 28731 Pujol Street (APN 922-062-016).
8
RDA DEPARTMENTAL REPORT
16 Redevelopment Departmental Monthlv Report
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
Next regular meeting: Tuesday, May 9,2006, at 5:30 P.M., for a Closed Session, with regular
session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
9
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or
may appear and be heard in support of or in opposition to the approval of the project(s)
at the time of the hearing. If you challenge any of the project(s) in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or
in written correspondence delivered to the City Clerk at, or prior to, the public hearing.
17 A Citvwide ordinance prohibitinq Medical Marijuana Dispensaries in all zoninq districts in the
Citv of Temecula
RECOMMENDATION:
17.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTIONS 17.06.030, 17.08.030, AND 17.34.010 OF THE
TEMECULA MUNICIPAL CODE, PROHIBITING THE ESTABLISHMENT OF
MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY
18 A Development Plan for Plaza Rio Vista Office Buildinq (PA05-0139)
RECOMMENDATION:
18.1 Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. PA05-0139, A DEVELOPMENT
PLAN TO CONSTRUCT AN 18,680 SQUARE FOOT, TWO-STORY OFFICE
BUILDING ON A 1.41 ACRE SITE IN THE LIGHT INDUSTRIAL ZONE, LOCATED
ON THE NORTHWEST CORNER OF DIAZ ROAD AND BLACKDEER LOOP,
KNOWN AS APN 921-030-016 AND APN 921-030-017
COUNCIL BUSINESS
19 Proposed Commission Guidelines
(at the request of Council Members Naqqar and Washinqton)
RECOMMENDATION:
19.1 Adopt the proposed guidelines for the appointment of City Commissioners, for
inclusion in the Handbook for Commissions, Committees, and Boards.
10
DEPARTMENTAL REPORTS
20 Buildinq and Safetv Department Monthlv Report
21 Planninq Department Monthlv Report
22 Public Works Department Monthlv Report
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: Tuesday, May 9, 2006 at 5:30 P.M., for a Closed Session, with regular
session commencing at 7:00 P.M., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
11
PROCLAMA TIONS
AND
PRESENTATIONS
The City of Temecula
PROCLAMATION
WHEREAS, mental health is critical for our well being and vitality of families, communities, and businesses; and
WHEREAS, the President's New Freedom Commission declared that mental disorders and mental health problems affect people of
all backgrounds and all stages of life; and
WHEREAS, the Wodd Health Organization found that mental illnesses rank first in terms of causing disability in the United States
and, collectively, are the most prevalent health problems in America today-more common than cancer, lung, and heart disease combined;
and
WHEREAS, one in 10 children has a serious mental health disorder that, if untreated, can lead to school failure, physical illness,
substance abuse, and even suicide; and
WHEREAS, mental health disorders such as schizophrenia, depression, and bipolar- disorders are treatable illnesses; and
WHEREAS, the U. S. Surgeon General has found that a range of effective mental health treatments exists for most mental disorders;
and
WHEREAS, the City of Temecula has made a commitment to community-based mental health care for all residents.
NOW, THEREFORE, I, Ron Roberts, on behalf ofthe City Council ofthe City ofTemecula, hereby proclaim the month of May,
2006 to be
"Mental Health Month"
and call upon all citizens, to recommit our community to increasing awareness and understanding of mental illness, and the need for
appropriate and accessible services for all people with mental illness.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seat of the City of Temecula
to be affixed this 25,h day of April, 2006.
Ron Roberts, Mayor
Susan W. Jones, CMC, City Cterk
The City of Temecula
PROCLAMATION
WHEREAS, each year over 1,300 children in the T emecula Valley are treated at Childrens Hospital Los Angeles;
and
WHEREAS, Childrens Hospital Los Angeles is recognized as one ofthe finest pediatric hospitals in the world;
and
WHEREAS, although many of these children's families do not have the financial resources to pay for their
treatment, they are never turned away; and
WHEREAS, the inaugural dinner and live auction event in 2005 raised $70,000; and
WHEREAS, the sponsors of Miracles for Kids, REIMAX Experience and Children's Miracle Network, ensure
that all funds raised support Childrens Hospital Los Angeles.
NOW, THEREFORE, I, Ron Roberts, on behalf ofthe City COlmcil of the City of Temecula, hereby proclaim
April 25, 2006, to be
"Miracles for Kids Day"
in the City of T emecula, and urge all citizens to support this annual event with your attendance and
generosity.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal ofthe City of Temecula to
be affixed this 25'h day of April, 2006.
Ron Roberts, Mayor
Susan W. Jones, MMC, City Clerk
The City of Temecula
PROCLAMATION
WHEREAS, more than 2,800 licensed architects practice in California and are entrusted by the State to protect
public health, safety, and the welfare of all citizens; and
WHEREAS, local architects have worked diligently to serve the public interest on such issues as commllllity
disaster assistance, managing growth, housing and homeless, and preserving the architectural heritage our communities;
and
WHEREAS, architects work with teachers to establish a built environment education program in California's
public schools to teach YOllllg people about the relationship between people and their environments; and
WHEREAS, in representing architects and the architectural profession in Riverside and San Bernardo COllllties,
The American Institute of Architects, Inland California Chapter, has worked with local cities and cOllllties to ensure safe
and interesting structures for all of our citizens to enjoy.
NOW, THEREFORE, I, Ron Roberts, on behalf of the City COllllcil of the City of Temecula, do hereby
commend The American Institute of Architects, Inland California Chapter, for their commitment and dedication to our
community and proclaims the week of April 23 through April 29, 2006 to be
"Architecture Week"
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal ofthe City of Temecula to
be affixed this 25'h day of April, 2006.
Ron Roberts, Mayor
Susan W. Jones, MMC, City Clerk
ITEM NO.1
ITEM NO.2
ITEM NO.3
Approvals
City Attorney
Director of Finance
City Manager
JM.~
/J/2
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
April 25, 2006
SUBJECT:
List of Demands
PREPARED BY:
Pascale Brown, Senior Accountant
Reta Weston, Accounting Specialist
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review and
approval by the City Council on a routine basis at each City Council meeting. The attached claims
represent the paid claims and demands since the last City Council meeting.
FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized
resources of the City and have been recorded in accordance with the City's policies and procedures.
Attachments: Resolution and List of Demands
RESOLUTION NO. 06-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CALIFORNIA, ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. That the following claims and demands as set forth in Exhibit A, on file in the
office of the City Clerk, have been reviewed by the City Manager's Office, and that the same are
hereby allowed in the amount of $1 ,659,209.27.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 25'h day of April, 2006.
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC
Citry Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
Resolution No. 06-_ was duly and regularly adopted by the City Council of the City ofTemecula
at a meeting thereof, held on the 25th day of April 2006, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, MMC
City Clerk
I'Y OF TEMECULA
ST OF DEMANDS
04/06/2006 TOTAL CHECK RUN:
04/13/2006 TOTAL CHECK RUN:
04/06/2006 TOTAL PAYROLL RUN:
TOTAL LIST OF DEMANDS FOR 04/25/06 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS:
1001
165
,
1190
192
193
194
195
196
210
280
300
320
330
340
1001
165
,
1190
192
193
194
196
280
300
320
330
340
GENERAL FUND
RDA LOW /MOD - 20"10 SET ASIDE
TEMECULA COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL B
TCSD SERVICELEVEL"C" LANDSCAPE/SLOPE
TCSD SERVICE LEVEL D
TCSD SERVICE LEVEL R
TCSD SERVICE LEVEL "L" LAKEPARKMAINT.
CAPITAL IMPROVEMENT PROJECTS FUND
REDEVELOPMENT AGENCY - CIP PROJECT
INSURANCE FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
GENERAL FUND
RDA LOW /MOD - 20"10 SET ASIDE
TEMECULA COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL B
TCSD SERVICELEVEL"C" LANDSCAPE/SLOPE
TCSD SERVICE LEVEL D
TCSD SERVICE LEVEL "L" LAKEPARKMAINT.
REDEVELOPMENT AGENCY - CIP PROJECT
INSURANCE FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
TOTAL BY FUND:
$
$
$
492,846.14
18,375.96
151,271.51
112.04
6,717.53
653.63
1,620.00
1,627.27
468,774.21
10,178.47
735.56
73,744.97
2,487.76
17,184.81
$
283,691.18
5,779.96
79,635.44
11106
4,994.80
636.86
543.70
2,988.14
1,173.38
22,558.08
3,017 .92
7,748.89
$
917,750.24
328,579.62
412,879.41
1,659,209.27
1,246,329.86
412,879.41
1,659,209.27
apChkLst Final Check List Page: 1
04/06/2006 11:10:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
662 04/06/2006 000444 INSTATAX (EDD) State Disability Ins Payment 18,806.34 18,806.34
663 04/06/2006 000283 INSTATAX (IRS) Federal Income Taxes Payment 75,146.47 75,146.47
664 04/06/2006 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 23,676.58 23,676.58
SOLUTION
665 04/06/2006 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 110,350.06 110,350.06
RETIREMENT)
666 04/06/2006 000389 use M WEST (OBRA), OBRA - Project Retirement Payment 2,944.38 2,944.38
NATIONWIDE RETIREMENT
667 04/06/2006 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 8,924.03
Child Care Reimbursement Payment 0.00 8,924.03
668 04/06/2006 000245 PERS - HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 69,091.34
Blue Shield HMO Payment 0.00 69,091.34
106631 04/06/2006 006044 A 0 N CONSULTING Actuarial svcs:retiree health care plan 6,310.00
Actuarial svcs:retiree health care plan 2,960.00 9,270.00
106632 04/06/2006 003552 AFLAC AFLAC Cancer Payment 2,393.89 2,393.89
106633 04/06/2006 004765 ACTIVE NETWORK INC, THE Refund:Brice Reilly:Skateboad Bldg 75.00 75.00
106634 04/06/2006 004064 ADELPHIA 3/26-4/25 high speed internet svcs Sr 84.80
Apr high speed internet svcs CW 55.95
4/2-5/1 high speed internet svcs TT 46.95 187.70
106635 04/06/2006 003679 AEI CASe ENGINEERING Feb Consultant: NPDES Permits 4,139.50 4,139.50
106636 04/06/2006 009840 ALCANTARA, ANN MICHELLE Refund: Tiny Tots-Fab 4 & 5's 24.00 24.00
106637 04/06/2006 003951 ALL AMERICAN ASPHALT Release Retention: Slurry Seal P~t 37,106.05 37,106.05
106638 04/06/2006 000936 AMERICAN RED CROSS Lifeguard training supplies:Aquatics 162.95 162.95
106639 04/06/2006 008279 AMERICOMP INFOSYSTEMS INC Computer supplies:LC cable kit 161.63 161.63
106640 04/06/2006 000101 APPLE ONE INC Temp help PPE 3/18 Kasparian 655.20
Temp help PPE 3/18 Shelton 546.00 1,201.20
Page:1
apChkLst Final Check List Page: 2
04/06/2006 11:10:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106641 04/06/2006 001323 ARROWHEAD WATER INC Bottled wtr svcs @ City Hall 401.42
Bottled wtr svcs @ Mntc Fac 218.58
Bottled wtr svcs @ CRC 129.53
Bottled wtr svcs @ T.Museum 47.73
Bottled wtr svcs @ C.Museum 40.54
Bottled wtr svcs @ City Hall 39.86
Bottled wtr svcs @ Skate Park 17.23 894.89
106642 04/06/2006 004855 BABER, GABRIELE TCSD instructor earnings 672.84
TCSD instructor earnings 311.50
TCSD instructor earnings 117.60
TCSD instructor earnings 81.90 1,183.84
106643 04/06/2006 008995 BALAKRISHNAN, PRIYA Refund:Tiny Tots-Terrific 3's 24.00 24.00
106644 04/06/2006 009836 BARONE, REBECCA Refund: Tiny Tots-Terrific 3's 24.00 24.00
106645 04/06/2006 002381 BEAUDOIN, LINDA Retirement Medical Payment 650.74 650.74
106646 04/06/2006 002541 BECKER CONSTRUCTION SRVS Install 8 bollards:VVinchester/Nicolas 6,315.00 6,315.00
INC
106647 04/06/2006 004040 BIG FOOT GRAPHICS TCSD instructor earnings 420.00 420.00
106648 04/06/2006 004262 BIO-TOX LABORATORIES Feb DUI Drug & Alcohol Screening 561.77 561.77
106649 04/06/2006 004829 BOB WILSON INC April 06 State lobbyist svcs 3,500.00 3,500.00
106650 04/06/2006 009846 BON DOC, ROSEMARIE Refund: Tiny Tots - Fab 4 &5's 24.00 24.00
106651 04/06/2006 004859 BOWERS, RICHARD A. 3/24 Executive team training 4,704.00 4,704.00
106652 04/06/2006 003222 BROCKMEIER, CAROL Retirement Medical Payment 650.74 650.74
106653 04/06/2006 006908 C C & COMPANY INC EntertainmentVolunteer Recognition 212.50
Bunny costume rental:Sprg Hunt 91.59 304.09
106654 04/06/2006 005911 CA FIRE PREVENTION Membership: Steve Faris 65.00 65.00
INSTITUTE
106655 04/06/2006 003138 CAL MAT P\N patch truck materials 2,900.32 2,900.32
Page2
apChkLst Final Check List Page: 3
04/06/2006 11:10:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106656 04/06/2006 009067 CALIF BANK & TRUST Rei Retention Esrw Edge Devel:T.Library 19,560.82 19,560.82
106657 04/06/2006 001267 CALIF DEPT OF MOTOR Renewal Fees:ATV- 501587 25.00
VEHICLES
Renewal fees: ATV- 503124 25.00 50.00
106658 04/06/2006 008608 CALIF GANG INVESTIGATORS Regist:Nat'1 Gang Conf:7/11-14:NJ/RD 500.00 500.00
ASSN
106659 04/06/2006 009847 CALIF PRESENTERS Regist/Mb:Artist Cf:5/31-6/1-2:B.Beers 645.00 645.00
106660 04/06/2006 009839 CAMPBELL, REBECCA Refund: Tiny Tots- Terrific 3's 24.00 24.00
106661 04/06/2006 009640 CERTIFION CORPORATION Entersect Police Online unlimited access 150.00 150.00
106662 04/06/2006 009843 CHAIYAKUM, NICOLE Refund: Tiny Tots-Fab 4 & 5's 24.00 24.00
106663 04/06/2006 009820 CHEATHAM, JEANNIE T.Museum lecture:4/B106 200.00 200.00
106664 04/06/2006 000912 CITY CLERKS ASSN OF CALIF Regist:Ann'l Mtg:5/15:MB/CD/GF 210.00 210.00
106665 04/06/2006 009842 CLOVER, MELINDA Refund: Tiny Tots-Terrific 3's 24.00 24.00
106666 04/06/2006 009849 CLOWDUS, LAURA Refund: Miss Sue's Tap/Jazz Combo 10.00 10.00
106667 04/06/2006 009837 COLLO, M.C.D. Refund: Tiny Tots-Fab 4 & 5's 24.00 24.00
106668 04/06/2006 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 150.00 150.00
106669 04/06/2006 000447 COMTRONIX OF HEMET Transfer radio between B&S vehicles 480.17 480.17
106670 04/06/2006 001264 COSTCO WHOLESALE Misc Theater equip and supplies 170.57 170.57
106671 04/06/2006 006954 CRAFTSMEN PLUMBING & HVAC Plumbing repairs @ TES 424.23 424.23
106672 04/06/2006 004123 D L PHARES & ASSOCIATES Apr Lease Chrg: Police Storefront 2,402.57 2,402.57
106673 04/06/2006 003272 DAISYWHEEL RIBBON Plotter Ribbon & Ink:GIS Division 199.26 199.26
COMPANY INC
Page:3
apChkLst Final Check List Page: 4
04/06/2006 11:10:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106674 04/06/2006 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 593.32
TCSD instructor earnings 342.30 935.62
106675 04/06/2006 003945 DIAMOND ENVIRONMENTAL Portable Restroom:Riverton Prk 57.98
SRVCS
Portable Restroom:Lg Cnyn Prk 57.98
Portable Restroom:Veterans Prk 57.98 173.94
106676 04/06/2006 002528 EAGLE GRAPHIC CREATIONS New Employee Glass Mugs 49.46 49.46
INC
106677 04/06/2006 005880 EDGE DEVELOPMENT INC. Mar 06 Prgss Pmt:Public Library 176,046.95 176,046.95
106678 04/06/2006 005251 EQUIPMENT REPAIR SERVICE Mobile repair svc:P\N roller 475.78 475.78
106679 04/06/2006 000478 FAST SIGNS Old Town parking lot signs 259.69 259.69
106680 04/06/2006 000165 FEDERALEXPRESSINC Mar 10-21 Express mail services 280.76
Credit: 853502804890 bill recipient -83.54 197.22
Page:4
apChkLst Final Check List Page: 5
04/06/2006 11:10:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106681 04/06/2006 003347 FIRST BANKCARD CENTER
007028 AMERICAN AIRLINES RR Airiare:Nat'1 LCC Mtg:6/21-25 1,196.80
000871 HILTON RR: HIt:Nat'1 LCC Conf:3/12-15 1,186.24
007359 CHURCHILL HOTEL, THE JC Htl:Nat'1 LCC Conf:3/12-15:Wshgtn 959.20
005027 WYNDHAM HOTEL GR Htl:CSMFO Cf:2-21-24:RobertsG 633.87
009862 MERISTAR MANAGEMENT CO AE Htl:CALBO Conf:2128-3/4/06 464.97
LLC
007836 THINGS REMEMBERED GY Council recognition awards 443.71
002652 PAT & OSCARS RESTAURANT GY Refreshments:lnteragency Council 441.16
005027 WYNDHAM HOTEL GR Htl:CSMFO Conf:2-21-24:Simpson 411.20
005027 WYNDHAM HOTEL GR Htl:CSMFO Conf:2-21-24:BrownP 408.42
008707 BOXWOOD TECHNOLOGY GY Job Posting:Engineer/Dist.Spec. 400.00
001500 SAN DIEGO REGIONAL TRAIN DU Regist:Proof/Edit Trng:1/17:KSNM 270.00
CTR
005119 ROCKHURST UNIV CONTINUING DU Regist:Public Spkg:3/14:Schuma 249.00
EDUC
009865 RAMADA INNS & SUITES JC Htl:Nat'1 LCC Conf:3/12-15:Wshgtn 177.58
001256 MARRIOTT HOTEL DU htl:Planner's Institute:3/21-26:Hazen 176.09
001256 MARRIOTT HOTEL HP Htl depst:CPRS Conf:F.Hogan 144.16
001256 MARRIOTT HOTEL HP Htl depst:CPRS ConfTEdwards 144.16
001500 SAN DIEGO REGIONAL TRAIN DU Regist:Proof/Edit Trng:1/17:KN 135.00
CTR
005908 CALIF CHAMBER OF COMMERCE GY Calif Employee Posters 123.97
009851 TRANSTRONICS, INC. HP T.Museum radio history supplies 114.25
007023 HUNGRY HUNTER DU Refreshments:Plan Comm Mtg 83.08
009851 TRANSTRONICS, INC. HP T.Museum radio history supplies 78.50
009864 BUCA 01 BEPPO MIRA MESA JC Meal:Nat'1 LCC Conf:3/12-15:Wshgtn 72.33
006740 RED ROBIN GY Refreshments:State of City Mtg 65.90
006714 SHERATON HOTEL RR Meal:SCAG Mtg:3/1-2106 63.83
008323 VALET AIR PARK RR: Airprt Prkg:Nat'1 LCC Conf:3/12-15 60.23
007227 MEXICO CHIQUITO DU Refreshments:Plan Comm Mtg 45.65
005786 SPRINT GR Supplies:Treo Leather Case 43.09
008845 SCARCELLAS ITALIAN GRILL GY Refreshments:Trffc Comm. Mtg 39.37
PageS
apChkLst Final Check List Page: 6
04/06/2006 11:10:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
009863 BUBBA GUMP SHRIMP COMANY GY Bubba Gump ball cap for Presentation 30.35 8,662.11
106682 04/06/2006 002982 FRANCHISE TAX BOARD Support Pmt Case # 452379267=$75.00 153.83 153.83
106683 04/06/2006 003792 GRAINGER Theater stage tools & safety equip 626.94
Theater stage tools & safety equip 626.94
Theater stage tools & safety equip 191.80
Theater stage tools & safety equip 152.69
Theater stage tools & safety equip 40.03
Theater stage tools & safety equip 5.96
Credit: returned Locker, 2 Tier -626.94 1,017.42
106684 04/06/2006 008361 GRAPE STOMPERS SQ DANCE TCSD instructor earnings 234.50
CLUB
TCSD instructor earnings 122.50 357.00
106685 04/06/2006 006916 GREYSTONE HOMES Refund:Ovrchged Fire Fees 6,148.10 6,148.10
106686 04/06/2006 002174 GROUP 1 PRODUCTIONS '06 State of the City video production 8,000.00
'06 State of the City video production 600.00 8,600.00
106687 04/06/2006 004133 H D L SOFTWARE LLC HDL business License software licenses 5,400.00 5,400.00
106688 04/06/2006 000366 HARRINGTON, KEVIN Reimb: CPRSAnn'l Conf:3/14-16 192.94 192.94
106689 04/06/2006 001135 HEAL THPOINTE MEDICAL Feb 06 Pre-employment physicals 25.00 25.00
GROUP INC
106690 04/06/2006 004811 HEWLETT PACKARD HP Slim Desktop: Police Storefront 1,581.15
Hp 3380 Allin One Printer:Planning 862.31 2,443.46
106691 04/06/2006 002107 HIGHMARK INC Voluntary Supp Life Insurance Payment 827.50 827.50
106692 04/06/2006 005748 HODSON, CHERYL A. Support Payment 30.69 30.69
106693 04/06/2006 000963 HOGAN, DAVID Retirement Medical Payment 650.74 650.74
106694 04/06/2006 009850 HONG, MI KYUNG Refund: Miss Sue's Tap/Jazz Combo 10.00 10.00
106695 04/06/2006 009845 HOUSEHOLDER, I. Refund: Tiny Tots- Terrific 3's 24.00 24.00
106696 04/06/2006 003624 HOWELL, ANN MARIE Empire visitors/relocation guide layout 969.95
San Diegan tourism brochure layout 75.43
Anaheim tourism brochure layout 75.43 1,120.81
Page:6
apChkLst Final Check List Page: 7
04/06/2006 11:10:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106697 04/06/2006 009844 HYUN, YOON JIN Refund: Tiny Tots-Fab 4 & 5's 24.00 24.00
106698 04/06/2006 000194 Ie M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,245.60 11,245.60
303355
106699 04/06/2006 001123 INDUSTRIAL DISTRIBUTION Misc. PW mntc tools & supplies 54.37 54.37
GROUP
106700 04/06/2006 004143 INLAND UNIFORMS Orange reflective vests w/Police imprint 904.80 904.80
106701 04/06/2006 004908 JIFFY LUBE 1878 City Vehicle Oil Chg:Bldg & Safety 33.50 33.50
106702 04/06/2006 004891 KANIGOWSKI, JERZY Reimb:CPRS Ann'l Conf:3/14-15 97.94 97.94
106703 04/06/2006 009841 KNIPPEL, JUSTIN Refund: Tiny Tots-Fab 4 & 5's 24.00 24.00
106704 04/06/2006 007321 KOPP, JON R. (RANDY) 2/24 Old Town sound sys svcs 150.00 150.00
106705 04/06/2006 008715 KRAMER FIRM INC Jan consulting svcs: Planning 1,140.00 1,140.00
106706 04/06/2006 000945 L P S COMPUTER SERVICE Printer repair:HP OJ 500/800 269.69 269.69
GROUP
106707 04/06/2006 009838 LASHLEY, MARY-LOU Refund: Tiny Tots-Terrific 3's 24.00 24.00
106708 04/06/2006 000482 LEIGHTON CONSULTING INC Feb Geotechnical Svcs:Library 11,696.00 11,696.00
106709 04/06/2006 003726 LIFE ASSIST INC Mar Paramedic Medical Supplies 1,826.75 1,826.75
106710 04/06/2006 009521 LIONEL'S VINYL'S Imprinted banner/tent combo kit: Police 551.63 551.63
106711 04/06/2006 003782 MAIN STREET SIGNS street name signs/hardware: P\N Maint 91.59 91.59
106712 04/06/2006 000394 MAINTENANCE Regist:MSA Ann'l Cf:8128-9/1:R.West 475.00 475.00
SUPERINTENDENTS
106713 04/06/2006 004141 MAINTEX INC custodial supplies: City Hall 491.66
custodial supplies: City Hall 265.60
custodial supplies: Maint Fac 265.60
custodial supplies: Park Sites 182.53
custodial supplies: Community Theater 158.82 1,364.21
Page:?
apChkLst Final Check List Page: 8
04/06/2006 11:10:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106714 04/06/2006 001967 MANPOWER TEMPORARY temp help PPE 3/26 JD/JH/DH 2,704.49 2,704.49
SERVICES
106715 04/06/2006 005806 MATTHEWS, CATHERINE J. Jan-Mar street addressing svcs 501.00 501.00
106716 04/06/2006 009860 MAURER, ELENI refund: Tiny Tots- Fab 4 & 5's 24.00 24.00
106717 04/06/2006 005114 MCCARTHY, CATHY Reimb:CPRS Ann'l Conf. 3/14-3/19 46.53 46.53
106718 04/06/2006 009854 MCCONNELL, MICHELLE refund: Miss Sue's Tap & Jazz Combo 10.00 10.00
106719 04/06/2006 009858 MCLAREN, BARBARA D. & refund:eng deposit/30630 San Pasqual Rd 995.00 995.00
MICHAEL J.
106720 04/06/2006 006571 MELODY'S AD WORKS Painted Parasol Festival Event PromolMgm 2,000.00 2,000.00
106721 04/06/2006 003076 MET LIFE INSURANCE COMPANY Met Life Dental Insurance Payment 8,169.12 8,169.12
106722 04/06/2006 007210 MIDORI GARDENS irrigation repairs: Sam Hicks Park 274.60 274.60
106723 04/06/2006 007669 MILES, KATRINA TCSD Instructor Eamings 367.50 367.50
106724 04/06/2006 009710 MILLER, RACHEL refund: Creative Beginnings 87.00 87.00
106725 04/06/2006 008091 MILLMORE'S WAX CREW City vehicle detailings services: PVV 125.00
City vehicle detailings services: 100.00 225.00
106726 04/06/2006 004002 MILNER SIGNS Facade Sign Prgm: The Farmers Wife 3,511.01 3,511.01
106727 04/06/2006 001384 MINUTEMAN PRESS 2000 Envelopes Finance Dept. 323.08
business cards: D. Balley/R. Donoho 86.74
business cards: M. Clark 43.37 453.19
106728 04/06/2006 004534 MOBILE SATELLITE VENTURES Apr EOC Stn Satellite Phone Svcs 71.89 71.89
LP
106729 04/06/2006 005887 MOFFATT & NICHOL ENGINEERS Feb Eng Svcs:F.V. Pkwy/I-15 Overcrossing 45,601.16 45,601.16
106730 04/06/2006 000883 MONTELEONE EXCAVATING remove de-silting ponds/Santiago Rd 5,557.00
Service Level R Grading Dirt Roads 1,620.00 7,177.00
Page:8
apChkLst Final Check List Page: 9
04/06/2006 11:10:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106731 04/06/2006 007011 MORRIS MYERS MAINTENANCE Mar maint svcs:Various Prk Sites 5,354.00 5,354.00
106732 04/06/2006 002257 MOST DEPENDABLE FOUNTAINS parts for drinking fountains: Park Sites 442.00 442.00
106733 04/06/2006 008283 MURPHY, HEATHER refund: Tiny Tots- Fab 4 & 5's 24.00 24.00
106734 04/06/2006 001986 MUZAK-SOUTHERN CALIFORNIA Apr "on-hold" phone music:City Hall 124.41 124.41
106735 04/06/2006 000727 NATIONAL FIRE PROTECTION Mbshp: H. Windsor 86415/001 135.00 135.00
ASSN
106736 04/06/2006 000718 NATIONAL RECREATION PARK annual membership: H.Parkerl21539 130.00 130.00
ASSOC
106737 04/06/2006 000233 NELSON, SHAWN reimb: Mar internet svcs 44.95 44.95
106738 04/06/2006 009852 NO CALIF FRAUD Regist:NCFIA Cf:4/12-14:H.Brown 285.00 285.00
INVESTIGATORS
106739 04/06/2006 006140 NORTH JEFFERSON BUSINESS Apr-Jun bus.prk assn dues:F.V.l115 xx17 329.00 329.00
106740 04/06/2006 009570 o C B REPROGRAPHICS Dup. Blueprints: French Valley 546.83
dup. blueprints: Education Ctr 135.77
Dup. Blueprints: Pechanga Pkwy 103.53
Dup. Blueprints: Sr 79 S Medians 54.52
Dup. Blueprints: Multi-Trail 20.95
Dup. Blueprints: Rainbow Cnyn Guardrail 6.47 868.07
106741 04/06/2006 003964 OFFICE DEPOT BUSINESS SVS office supplies for Planning Dept. 60.45
DIV
credit: item retumed/Planning -6.39 54.06
106742 04/06/2006 006721 OFFICEMAX - A BOISE COMPANY workstation equipment: Cashier's Office 933.97 933.97
106743 04/06/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint SVcs 118.09
City Vehicle Repair/Maint SVcs 98.92 217.01
106744 04/06/2006 001171 ORIENTAL TRADING COMPANY '06 4th of July supplies: TCSD 120.48 120.48
INC
106745 04/06/2006 006723 OZBUN, CYNDI Refund:Tiny Tots-Terrific 3's 24.00 24.00
Page:9
apChkLst Final Check List Page: 10
04/06/2006 11:10:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106746 04/06/2006 004538 PAULEY EQUIPMENT COMPANY equipment rental: Park Sites 345.50 345.50
106747 04/06/2006 001958 PERS LONG TERM CARE PERS Long Term Care Payment 288.55 288.55
PROGRAM
106748 04/06/2006 002498 PETRA GEOTECHNICAL INC Feb Geotechnical Svcs:P.B.Sports Complex 1,507.50 1,507.50
106749 04/06/2006 000249 PETTY CASH Petty Cash Reimbursement 488.42 488.42
106750 04/06/2006 009161 POLETTI, GUSTAVO TCSD Instructor Eamings 378.00 378.00
106751 04/06/2006 005820 PRE-PAID LEGAL SERVICES INC PrePaid Legal Services Payment 437.45 437.45
106752 04/06/2006 009859 PRICE, SARAH refund: Tiny Tots- Fab 4 & 5's 24.00 24.00
106753 04/06/2006 009857 PRITCHETT, KAREN refund: Tiny Tots - Terriffic 3's 48.00 48.00
106754 04/06/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 723.68
Mar 01-08-38009-0 Overland Tr 57.89 781.57
106755 04/06/2006 009725 RAZAVI, MANDIS TCSD Instructor Eamings 560.00 560.00
106756 04/06/2006 003591 RENES COMMERCIAL City R-O-Ws weed abatement/clean up 5,000.00 5,000.00
MANAGEMENT
106757 04/06/2006 009855 RENTNER, THERESA refund: Miss Sue's Tap & Jazz Combo 10.00 10.00
106758 04/06/2006 004498 REPUBLIC ELECTRIC furnish/deliver electrical supplies: PW 13,055.00 13,055.00
106759 04/06/2006 000352 RIVERSIDE CO ASSESSOR Mar assessors maps: B&S Dept 57.00 57.00
106760 04/06/2006 000418 RIVERSIDE CO CLERK & Facade Prgm: Pac West Group/RDA 11.00 11.00
RECORDER
106761 04/06/2006 003587 RIZZO CONSTRUCTION INC fences/pilaster repairs: Harveston Park 6,818.00 6,818.00
106762 04/06/2006 000271 ROBERT BEIN VVM FROST & Feb Prof SVcs:I-15/Sr79s Ultimate Intrch 12,453.59 12,453.59
ASSOC
Page:10
apChkLst Final Check List Page: 11
04/06/2006 11:10:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106763 04/06/2006 009834 RODECKER, DENISE Support Pmt Account #009000206390 280.00 280.00
106764 04/06/2006 001309 RUSE, PHYLLIS Reimb:CPRS Ann'l Conf 3/14-3/19 24.72 24.72
106765 04/06/2006 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 993.05 993.05
106766 04/06/2006 008693 SALAZAR, DONALD (SWD 000053) Support Payment 283.50 283.50
106767 04/06/2006 009856 SALVATI, CATHERINE refund: Miss Sue's Tap & Jazz Combo 10.00 10.00
106768 04/06/2006 005227 SAN DIEGO COUNTY OF Support Payment Case # DF099118 25.00 25.00
106769 04/06/2006 001500 SAN DIEGO REGIONAL TRAIN proofreading training: A. Pina 135.00 135.00
CTR
106770 04/06/2006 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581095025 12.50 12.50
106771 04/06/2006 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Pmt LO File #2005033893 150.00 150.00
106772 04/06/2006 007342 SHUTE, MIHALY & WEINBERGER Feb '06 legal services payment 1,966.45 1,966.45
LLP
106773 04/06/2006 009343 SILVIA CONSTRUCTION INC release retention:Pavement RehablYnez 70,376.19
stop notice:Tri. Control SvclPvmnt Rehab -9,979.80 60,396.39
106774 04/06/2006 004814 SIMON WONG ENGINEERING INC Aug-Feb Dsgn Svcs:Main St. Bridge 03-05 8,113.06 8,113.06
106775 04/06/2006 000645 SMART & FINAL INC Senior Swing Dance supplies: MPSC 212.38 212.38
106776 04/06/2006 003477 SMITH, BARBARA Reimb: CPRSAnn'l Conf: 3/14-3/19 134.80 134.80
106777 04/06/2006 009861 SO CALIF ASSN OF NON-PROFIT 3rd annual Housing Briefing D.West 4/12 15.00 15.00
Page:11
apChkLst Final Check List Page: 12
04/06/2006 11:10:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106778 04/06/2006 000537 SO CALIF EDISON Mar 2-00-397-5042 City Hall 6,790.22
Mar 2-02-502-8077 Maint Fac 1,606.04
Mar 2-19-683-3263 various mtrs 1,102.86
Mar 2-00-397-5067 various mtrs 971.82
Mar 2-02-351-4946 MPSC 856.32
Mar 2-18-937-3152 T .Museum 648.22
Mar 2-22-891-0550 various mtrs 326.16
Mar 2-11-007-0455 6th Street 288.76
Mar 2-20-817-9929 Police storefront Stn 281.21
Mar 2-21-911-7892 S. Side Prk Lot 131.00
Mar 2-27-287-5527 various mtrs 100.57
Mar 2-19-171-8568 Wedding Chapel 79.13
Mar 2-14-204-1615 Front St Radio 26.88
Mar 2-27-371-8494 Offsite Rcrds Storage 18.69 13,227.88
106779 04/06/2006 001212 SO CALIF GAS COMPANY Mar 091-085-1632-0 T.E.S. Pool 3,101.16
Mar City facilities gas meters 1,308.95
Mar 101-525-1560-6 Fire Stn 73 656.53 5,066.64
106780 04/06/2006 000519 SOUTH COUNTY PEST CONTROL Mar pest control svcs: City Facilities 451.00 451.00
INC
106781 04/06/2006 005786 SPRINT 02/15/06-03/14/06 cell phone svcslequip 8,019.13 8,019.13
106782 04/06/2006 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 2,660.00 2,660.00
106783 04/06/2006 001546 STRAIGHT LINE GLASS INC Res ImplY Prgm: Baird, Larry and Sara 1,467.54 1,467.54
106784 04/06/2006 000305 TARGET BANK BUS CARD SRVCS recreation supplies: C. Museum 72.28
Senior Swing Dance supplies: MPSC 71.61
recreation supplies: MPSC 64.83 208.72
106785 04/06/2006 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,545.00 4,545.00
106786 04/06/2006 006465 TEMECULA AUTO REPAIR City vehicle repair/maint svcs: Code 1,826.13
City vehicle repair/maint svcs: Code 491.35
City vehicle repair/maint svcs: Medics 239.72
City vehicle repair/maint svcs: Fire 125.28
City vehicle repair/maint svcs: Fire 13.98
Creditunauthorized wrk:Code Enforce -381.49 2,314.97
106787 04/06/2006 000168 TEMECULA FLOWER CORRAL Sunshine Fund 193.79 193.79
106788 04/06/2006 009150 TEMECULA GLASS & MIRROR Res ImplY Prgm: Shields, William 4,839.47 4,839.47
INC
Page:12
apChkLst Final Check List Page: 13
04/06/2006 11:10:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106789 04/06/2006 000307 TEMECULA TROPHY COMPANY 2006 Volunteer Recogn Plaques 301.70
recognition award: Anita Pyle 24.24
Nameplates: B.Deyo & C.Carey 16.16 342.10
106790 04/06/2006 004274 TEMECULA VALLEY SECURITY Rekey/Duplicate Keys:Police Storefront 127.94
CENTR
locksmith srvcs: Police 16.16 144.10
106791 04/06/2006 005994 TERRY'S VILLAGE '06 4th of July supplies: TCSD 103.60 103.60
106792 04/06/2006 009853 TINDER, TIFFANY refund: Miss Sue's Tap & Jazz Combo 10.00 10.00
106793 04/06/2006 009523 TUTORWHIZ TCSD Instructor Eamings 68.60
TCSD Instructor Eamings 34.30
TCSD Instructor Eamings 34.30
TCSD Instructor Eamings 34.30 171.50
106794 04/06/2006 000325 UNITED WAY United Way Charities Payment 222.15 222.15
106795 04/06/2006 004819 UNUM LIFE INS. CO. OF AMERICA LongTenn Disability Payment 7,890.59 7,890.59
106796 04/06/2006 009081 UPS SUPPLY CHAIN SOLUTIONS freight chrgs:TCSD/build skateboard deck 33.00 33.00
INC
106797 04/06/2006 006807 VANIR CONSTRUCTION Feb Constr Mgmt SVcs: Roripaugh Fire Stn 11,725.78 11,725.78
106798 04/06/2006 004261 VERIZON Mar various phones/general usage 1,073.16
Mar xxx-5509 general usage 147.45
Mar xxx-989? general usage 90.06
Mar xxx-0049 general usage 35.85
Mar xxx-1999 general usage 33.28 1,379.80
106799 04/06/2006 003191 WEDEKING, BRUCE CPRS Annual Conf. 3/14-3/19 74.86 74.86
106800 04/06/2006 002109 WHITE CAP INDUSTRIES INC maintenance supplies: P\N Maint Div 484.86
maintenance supplies: P\N Maint Div 43.29
maintenance supplies: P\N Maint Div 33.49 561.64
106801 04/06/2006 009512 WURMS JANITORIAL SERVICES, Apr janitorial svcs: MPSC 790.27 790.27
INC
106802 04/06/2006 003776 ZOLL MEDICAL CORPORATION Medical Supplies: Paramedics 79.37 79.37
Grand total for UNION BANK OF CALIFORNIA: 917,750.24
Page:13
apChkLst Final Check List Page: 1
04/13/2006 10:41:53AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
106803 04/13/2006 006044 A 0 N CONSULTING Feb Actuarial svcs:Retiree Healthcare 6,730.00 6,730.00
106804 04/13/2006 009622 A & B DESERT SERVICES Theater mobil catering cart w/cover 26,199.41 26,199.41
106805 04/13/2006 005126 A E G SOLUTIONS Auto CAD drawing supplies:CIP 299.30 299.30
106806 04/13/2006 001700 A PLUS TEACHING MATERIALS Misc. supplies:Tiny Tots CRC 78.06 78.06
106807 04/13/2006 004973 ABACHERLI, L1NDI TCSD instructor earnings 720.00 720.00
106808 04/13/2006 004765 ACTIVE NETWORK INC, THE Refund:Clare Sullivan:4Paw Dog Trng 200.00 200.00
106809 04/13/2006 004240 AMERICAN FORENSIC NURSES Mar DUI Drug & Alcohol Screening 420.00
Mar DUI Drug & Alcohol Screening 210.00 630.00
106810 04/13/2006 000101 APPLE ONE INC Temp help PPE 3/25 Kasparian 667.49
Temp help PPE 3/25 Shelton 511.88 1,179.37
106811 04/13/2006 003376 ARTS COUNCIL, THE Jan/Feb/Mar Comm. cultural arts grant 10,000.00 10,000.00
106812 04/13/2006 002648 AUTO CLUB OF SOUTHERN Membership: Kanigowski, J. 88552294 47.00
CALIF
Membership: Wedeking, B. 88552336 47.00
Membership: Buran, B. 88550918 47.00
Membership:Sterling, S. 88552252 47.00 188.00
106813 04/13/2006 002648 AUTO CLUB OF SOUTHERN Membership:Harrington,K.88552229 47.00
CALIF
Membership: Jensen, R. 33069042 46.00
Membership: VViechec, M. 88552195 47.00 140.00
106814 04/13/2006 003466 BASKET & BALLOONS TOO! Eco Devel promotional Gift Baskets 103.10 103.10
106815 04/13/2006 005716 BIRTH CHOICE OF TEMECULA Refund: Security Depst: CRC 448.00 448.00
106816 04/13/2006 005055 BROWN, STEPHEN Reimb:2- shovels & Mtg w/Clark 80.74 80.74
106817 04/13/2006 006908 C C & COMPANY INC High Hopes entertaiment: Amazing Dana 112.50 112.50
106818 04/13/2006 005321 CALIF ASSOC OF CODE Regist:Class 101-104:6/9-10 6/23-24 260.00 260.00
Page:1
apChklst Final Check List Page: 2
04/13/2006 10:41:53AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106819 04/13/2006 002534 CATERERS CAFE Refreshments:IS Staff Training 94.76 94.76
106820 04/13/2006 001193 COMP U SA INC 3-Digital Canon Camera:Code Enforce. 1,111.91 1,111.91
106821 04/13/2006 000442 COMPUTER ALERT SYSTEMS 9/28-12/31 Alarm Monitoring:Theater 93.00 93.00
106822 04/13/2006 009872 CORDERO, MELINDA Refund: Security Depst: TCC 150.00 150.00
106823 04/13/2006 003272 DAISYWHEEL RIBBON Plotter Ribbon & Ink:GIS Division 797.05 797.05
COMPANY INC
106824 04/13/2006 009737 DAWN ENTERPRISES 8 concrete bollards:W1nchester/Nicolas 3,045.00 3,045.00
106825 04/13/2006 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 1,698.89
INC
Fuel for City vehicles: FW 1,154.28
Fuel for City vehicles: FW 467.19
Fuel for City vehicles: Bldg & Safety 433.99
Fuel for City vehicles:Code/Police 331.89
Fuel for City vehicles: CIP PW 89.94
Fuel for City vehicles: Code Enforce. 77.17
Fuel for City vehicles: PVV 40.84 4,294.19
106826 04/13/2006 001669 DUNN EDWARDS CORPORATION Supplies for graffiti removal 170.05
Supplies for graffiti removal 52.54 222.59
106827 04/13/2006 004799 E C S IMAGING INC laserFiche Software Ann'l Renewal 14,600.13 14,600.13
106828 04/13/2006 002528 EAGLE GRAPHIC CREATIONS Police Dept Sign w/logo const. depst 3,004.10 3,004.10
INC
106829 04/13/2006 002528 EAGLE GRAPHIC CREATIONS Citizen Corps Disaster Drill Banner 161.63 161.63
INC
106830 04/13/2006 003171 EMPIRE ECONOMICS LLC Roripaugh Ranch mrkt absorption study 3,825.00 3,825.00
106831 04/13/2006 005115 ENTERPRISE RENT A CAR INC 3/2: Planning dept van rental 107.74 107.74
106832 04/13/2006 003281 FOREMOST PROMOTIONS Police education supplies: Goodies Bags 692.96 692.96
Page2
apChklst Final Check List Page: 3
04/13/2006 10:41:53AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106833 04/13/2006 000177 GLENNIES OFFICE PRODUCTS Office supplies: Bldg & Safety 711.89
INC
Office Supplies: Human Resources 634.78
Office Supplies:Tcsd/Crc 618.58
Office Supplies: Council/Cm/Ed 458.04
Office Supplies: City Clerk 410.70
Office Supplies: Records Mgmt 320.51
Office Supplies: Planning Dept 271.90
Office Supplies: Cip Pw 253.95
Office Supplies: Finance 138.54
Office Supplies: Rda/low-Mod 71.38
Office Supplies: eRe 54.63 3,944.90
106834 04/13/2006 009873 GRAPHIC COMMUNICATIONS Refund: Security Depst: Tee 150.00 150.00
106835 04/13/2006 009713 H 0 N COMPANY, THE Police Mall Storefront Furniture 251.86 251.86
106836 04/13/2006 005311 H20 CERTIFIED POOL WATER CRCfTES March pool svcs 1,700.00 1,700.00
SPCL.
106837 04/13/2006 004053 HABITAT WEST INC Mar Biological SVcs:lg Cnyn Basin 216.67 216.67
106838 04/13/2006 000186 HANKS HARDWARE INC Hardware supplies: TCSD Prks 1,436.94
Hardware supplies: Fire stnslMedic 1,017.00
Hardware Supplies: Bldg & Safety 723.29
Hardware supplies: Theater 638.37
Hardware supplies: C.Museum 330.99
Hardware supplies: Planning 328.81
Hardware supplies: FW 217.72
HARDWARE SUPPLIES: OLD TOWN 211.65
Hardware supplies: TCC 204.76
Hardware supplies: CRC 107.99
Hardware supplies:St. MntcfTrffc 96.81
Hardware supplies: T. Museum 66.18
Hardware supplies: City Hall 30.91
Hardware supplies: Mntc Fac 8.58
Hardware Supplies: Sr Center 8.06
Hardware supplies: Aquatics 3.56 5,431.62
106839 04/13/2006 001135 HEAL THPOINTE MEDICAL Mar 06 Pre-employment physicals 75.00
GROUP INC
Employee first-aid svcs 42.43
Employee first-aid svcs 13.13 130.56
106840 04/13/2006 006688 HEMET-TEMECULA EAC Employer \Nkshp:4/20: DUBG/SC 60.00 60.00
Page:3
apChkLst Final Check List Page: 4
04/13/2006 10:41:53AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106841 04/13/2006 004811 HEWLETT PACKARD GIS Computer workstation supplies 2,114.05 2,114.05
106842 04/13/2006 002126 HILL YARD FLOOR CARE SUPPLY CRC gym floor refinishing supplies 3,194.30
CRC gym floor refinishing supplies 287.89
CRC gym floor refinishing supplies 71.60
Crc Gym Floor Refinishing Supplies 42.93
Credit: Returned Appl Roller Cover -64.40 3,532.32
106843 04/13/2006 008694 HOLIDAY INN EXPRESS Bluegrass entertainers room rentals 538.93 538.93
TEMECULA
106844 04/13/2006 004217 HYDRO TEK COMPANY Pressure washers parts:PW mntc 233.78 233.78
106845 04/13/2006 001407 INTER VALLEY POOL SUPPLY Mar 06 Pool sanitizing chemicals 2,080.94 2,080.94
INC
106846 04/13/2006 008516 JAMIN ENTERTAINMENT 4 sites-jumper rental:4/15:Egg Hunt 640.00 640.00
106847 04/13/2006 004265 JEWELL FENCE COMPANY Res Imp Prgm: Murphy, Sean & Shannon 4,720.86 4,720.86
106848 04/13/2006 002424 KELLEY DISPLAY INC Rod Run banners date chg svcs 233.29 233.29
106849 04/13/2006 002789 KIMCO STAFFING SERVICES INC Temp help PPE 4/2 Wedeking 580.00
Temp help PPE 3/26 Wedeking 522.00
Temp help PPE 3/19 Wedeking 456.75
Temp Help PPE 3/19 Shinkle 454.58 2,013.33
106850 04/13/2006 003286 LIBRARY SYSTEMS & SERVICES Mar svcs-library system agnnnt 12,031.55
Mar svcs-library system agnnnt 1,383.27 13,414.82
Page:4
apChkLst Final Check List Page: 5
04/13/2006 10:41:53AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106851 04/13/2006 006897 LORY, SUSAN, J. TCSD instructor earnings 556.50
TCSD instructor earnings 539.00
TCSD instructor earnings 508.20
TCSD instructor earnings 500.50
TCSD instructor earnings 453.60
TCSD instructor earnings 453.60
TCSD instructor earnings 390.60
TCSD instructor earnings 346.50
TCSD instructor earnings 269.50
TCSD instructor earnings 269.50
TCSD instructor earnings 197.40
TCSD instructor earnings 84.00
TCSD instructor earnings 84.00
TCSD instructor earnings 28.00
TCSD instructor earnings 14.00 4,694.90
106852 04/13/2006 000394 MAINTENANCE MSA's Admin Mtg:10 PVV Staff/C.W. 4/27 220.00 220.00
SUPERINTENDENTS
106853 04/13/2006 008799 MAJEWSKI TRUST Refund: Eng Dpst/42210 Roick Dr 995.00 995.00
106854 04/13/2006 004068 MANALlLI, AILEEN TCSD Instructor Eamings 178.50
TCSD Instructor Eamings 147.00
TCSD Instructor Eamings 134.75
TCSD Instructor Eamings 99.75
TCSD Instructor Eamings 50.75
TCSD Instructor Eamings 10.50 621.25
106855 04/13/2006 009869 MARCUM, LARRY refund: security deposit/CRC 150.00 150.00
106856 04/13/2006 000217 MARGARITA OFFICIALS ASSN Mar softball officiating srvcs:TCSD 3,000.00 3,000.00
106857 04/13/2006 001256 MARRIOTT HOTEL Htl:CMTA Cf/85365291 K.Grance 4/24-28 770.36 770.36
106858 04/13/2006 002693 MATROS, ANDREA TCSD Instructor Eamings 168.00
TCSD Instructor Eamings 84.00 252.00
106859 04/13/2006 009848 MEDIAWORKS RESOURCE "inside/mind of a reporter" presentation 1,500.00 1,500.00
GROUP
106860 04/13/2006 009816 MONDOSOFT INC Search EngineforWebsite: I.S. 5,400.00 5,400.00
106861 04/13/2006 004490 MUSCO SPORTS LIGHTING INC qty 36 lamps for various Park Sites 2,776.51 2,776.51
PageS
apChkLst Final Check List Page: 6
04/13/2006 10:41:53AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106862 04/13/2006 001986 MUZAK-SOUTHERN CALIFORNIA Apr music broadcast:Old Town 69.11 69.11
106863 04/13/2006 009698 NICHOLAS J. YPHANTIDES, INC Deposit: speaker fee 5/25/06 1,250.00 1,250.00
106864 04/13/2006 009337 NOLTE ASSOCIATES INC 2/17-3/16/06 dsgn svc:Bridge Fencing 7,312.00 7,312.00
106865 04/13/2006 009868 NORTH AMERICAN MEDICAL refund: security depositfTCC 150.00 150.00
MGMT
106866 04/13/2006 002139 NORTH COUNTY TIMES Mar public notices:PW/Planning/City 1,534.50 1,534.50
106867 04/13/2006 002139 NORTH COUNTY TIMES Mar recruitment ads:PlanningfTCSD/PW 1,035.06 1,035.06
106868 04/13/2006 002139 NORTH COUNTY TIMES Mar display ads: Bluegrass Festival 844.37 844.37
106869 04/13/2006 009570 o C B REPROGRAPHICS Blueprint Reproduction: Sr79s Medians 2,395.28
Blueprint Reproduction: Barrier Rail Prj 104.73 2,500.01
106870 04/13/2006 003964 OFFICE DEPOT BUSINESS SVS office supplies for Planning Dept 13.73 13.73
DIV
106871 04/13/2006 006721 OFFICEMAX - A BOISE COMPANY office supplies for Finance 54.52 54.52
106872 04/13/2006 001171 ORIENTAL TRADING COMPANY Recreation Supplies: C. Museum 94.55 94.55
INC
106873 04/13/2006 009712 P S JOBS LLC Mar recruitment ads: PW 198.00 198.00
106874 04/13/2006 008240 PABLlTOS SPANISH ACADEMY TCSD Instructor Eamings 140.00
TCSD Instructor Eamings 140.00
TCSD Instructor Eamings 140.00 420.00
106875 04/13/2006 004538 PAULEY EQUIPMENT COMPANY Special Events Golf Cart Rental:Code Enf 136.80 136.80
106876 04/13/2006 002331 PEP BOYS INC equip parts & supplies for PW Maint 32.30 32.30
106877 04/13/2006 000249 PETTY CASH Petty Cash Reimbursement 400.30 400.30
106878 04/13/2006 000249 PETTY CASH prizes for Spring Egg Hunt 4/15/06 200.00 200.00
Page:6
apChkLst Final Check List Page: 7
04/13/2006 10:41:53AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106879 04/13/2006 000253 POSTMASTER Express Mail & Postal Svcs 87.50 87.50
106880 04/13/2006 000254 PRESS ENTERPRISE COMPANY Mar recruitment ads: PlanningfTCSD/PW 5,815.97
INC
Mar display ads: Bluegrass Festival 231.20 6,047.17
106881 04/13/2006 003493 PRO-CRAFT Res ImplY Prgm: Lillie, John and Cherie 849.00 849.00
106882 04/13/2006 004529 QUAID TEMECULA HARLEY- Mar motorcycle maintlrepair: Tem. Police 2,342.88 2,342.88
DAVIDSON
106883 04/13/2006 002072 RANCHO CALIF WATER DIST- aerial imagery/digital elevation data 20,900.00 20,900.00
FEES
106884 04/13/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 3,186.95
Various Water Meters 570.34
Fire stn 73 Water Meters 205.67
Mar 01-05-11040-1 Maint Fac 70.22
Various Water Meters 66.57 4,099.75
106885 04/13/2006 003761 RANCHO METALS & SUPPLY metal supplies for TCSD Maint 12.13 12.13
106886 04/13/2006 004584 REGENCY LIGHTING electrical supplies: Park Sites 77.26
electrical supplies: Old Town 35.43 112.69
106887 04/13/2006 002110 RENTAL SERVICE equipment rental for PW Maint 10.72 10.72
CORPORATION
106888 04/13/2006 000406 RIVERSIDE CO SHERIFFS DEPT Rod Run patrol svcs: 3/10-11/06 12,224.66 12,224.66
106889 04/13/2006 009652 ROYAL PACIFIC CONSTRUCTION Mar tenant implY svcs: Police Stn @ Mall 79,467.82 79,467.82
INC
106890 04/13/2006 001942 S C SIGNS Mar posting public notices: Planning 2,075.00
Feb posting public notices: Planning 2,075.00
Mar posting public notices: City Clerk 1,020.00
Feb posting public notices: City Clerk 935.00
Jan posting public notices: Planning 835.00
Jan posting public notices: City Clerk 455.00 7,395.00
106891 04/13/2006 000278 SAN DIEGO UNION TRIBUNE Mar recruitment ads: PlanningfTCSD 3,057.11 3,057.11
Page:?
apChkLst Final Check List Page: 8
04/13/2006 10:41:53AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
106892 04/13/2006 000537 SO CALIF EDISON Mar 2-05-791-8807 various mtrs 8,530.91
Apr 2-02-351-5281 CRC 4,861.91
Apr 2-27-805-3194 Theater 4,357.23
Apr 2-20-798-3248 C. Museum 1,148.92
Apr 2-10-331-2153 TCC 774.95 19,673.92
106893 04/13/2006 000519 SOUTH COUNTY PEST CONTROL pest control services: R.R Sports Park 84.00
INC
pest control services: CRC 84.00 168.00
106894 04/13/2006 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Eamings 252.00 252.00
106895 04/13/2006 000305 TARGET BANK BUS CARD SRVCS office supplies for P\N Depts 62.90 62.90
106896 04/13/2006 006465 TEMECULA AUTO REPAIR City vehicle repair/maint svcs: Fire 1,459.55
City vehicle repair/maint svcs: 591.33
City vehicle repair/maint svcs: Medics 357.50 2,408.38
106897 04/13/2006 009870 TEMECULA VALLEY HOUSE OF refund: security depositfTCC 150.00 150.00
106898 04/13/2006 000306 TEMECULA VALLEY PIPE & irrigation/plumbing supplies: Park Sites 6.01 6.01
SUPPLY
106899 04/13/2006 004274 TEMECULA VALLEY SECURITY locksmith services: Park Sites 25.41 25.41
CENTR
106900 04/13/2006 003862 THYSSENKRUPP Apr-Jun Elevator Maintllnspect:City Hall 375.00
ELEVATOR.BRNCH 37
Apr-Jun Elevator Maintllnspect:T. Mus. 375.00
Apr-Jun Elevator Maintllnspect: W.V\ling 375.00
Chair Lift Maintllnspect SVc: C.Theater 100.00
Apr-Jun Elevator Maintllnspect: Crc 100.00
Apr-Jun Elevator Phone Monitoring: T.Mus 15.00
Apr-Jun Elevator Phone Monitoring: C.H. 15.00
Apr-Jun Elevator Phone Monitoring:W.V\ling 15.00 1,370.00
106901 04/13/2006 009176 TICKET ENVELOPE COMPANY 20,000 Ticket Envelopes: C. Theater 1,827.20 1,827.20
106902 04/13/2006 002452 TOP LINE INDUSTRIAL equip parts and supplies for P\N Maint 47.41
equip parts and supplies for P\N Maint 4.51 51.92
106903 04/13/2006 003031 TRAFFIC CONTROL SERVICE INC maint supplies for P\N Maint Div 172.40 172.40
106904 04/13/2006 009726 TRI-M SYSTEMS GPS antennas for City Fire vehicles 323.00 323.00
Page:8
apChkLst
04/13/2006
10:41:53AM
Final Check List
CITY OF TEMECULA
Page: 9
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
137.60
137.60
106905 04/13/2006 007766 UNDERGROUND SERVICE ALERT Apr undrgrnd svcs alert tickets:PW
106906 04/13/2006 004261 VERIZON Apr various phones/general usage
106907 04/13/2006 004279 VERIZON CALIFORNIA INC. Mar access-C. Mus.phone line
Mar access-CRC phone line
106908 04/13/2006 009101 VISION ONE INC Mar Showare ticket sales: C.Theater
106909 04/13/2006 001342 WAXIE SANITARY SUPPLY INC Maint. Facility Custodial Supplies
106910 04/13/2006 003730 WEST COAST ARBORISTS INC 3/1-15/06 Citywide Tree Trimming Svcs
570.00
651.72
352.64
724.80
103.55
5,340.00
Grand total for UNION BANK OF CALIFORNIA:
570.00
1,004.36
724.80
103.55
5,340.00
328,579.62
Page:9
ITEM NO.4
Approvals
City Attorney
Director of Finance
City Manager
V
1112.
tf
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Mitch Aim, Chief of Police
DATE:
April 25, 2006
SUBJECT:
Edward Byrne Memorial Justice Assistance Grant Application
PREPARED BY:
Heidi Schrader, Management Analyst
RECOMMENDATION: That the City Council approve the Edward Byrne Memorial Justice
Assistance Grant Application for a total amount of $14,966.
BACKGROUND: The Edward Byrne Memorial Justice Assistance Grant Program (JAG)
is awarded by Bureau of Justice Assistance (BJA). It allows local governments to support a broad
range of activities to prevent and control crime. This grant replaces the Local Law Enforcement
Block Grant (LLEBG) program that has funded law enforcement projects within the CityofTemecula
in previous years.
Review requirements for submission of the JAG grant proposal to the BJA include:
1. 30 day review period by the community with an opportunity to comment.
2. Approval of the application by the City Council.
A notice was published in the local papers on Monday March 6, 2006 outlining the grant application.
The notice invited the public to review a copy of the grant application posted in the law library at City
Hall and to submit written comments or to make verbal comments in person on the date of action.
The 2006 JAG proposal requests funds to purchase equipment to streamline the citation tracking
capabilities of the Temecula Police Department traffic division. These funds will be used to
purchase handheld citation systems to write traffic citations, record the information into a central
database and download the information to the court. This will dramatically reduce the processing
time for citations and allow our officers to be on the street keeping our drivers safe, rather than
entering information at the station.
FISCAL IMPACT: Appropriation of the $14,966 for this grant, along with offsetting
revenues will be included in the FY06-07 Police Department operating budget.
ATTACHMENTS:
Edward Byrne Memorial Justice Assistance Grant Application.
City of Temecula
Edward Byrne Memorial Justice Assistance Grant Application
Program Narrative
Proposal to Streamline the Citv of Temecula Traffic Division Citation Process
Program Challenges
As one of the fastest-growing cities in Riverside County, Temecula faces a significant challenge to keep
pace with rapid population growth. Between 1990 and 2005, Temecula grew in population from 27,099
to 81,397, a 200% growth rate. As thousands of new homes are built and many new businesses locate
within the City, traffic congestion and associated traffic collisions have become a major concem. In
addition, as of 2000, 42.6% of Temecula's households were reported to have children under the age of 18.
As these children mature and reach driving age we encounter additional traffic challenges such as speed
related accidents associated with a lack of experience.
The City of Temecula has maintained a proactive enforcement program. Our traffic enforcement division
comprised of thirteen motorcycle officers and six automobile officers is the one of the largest in Riverside
County for a City of our population. As we grow, however, we need to work smarter to maintain our
proactive pattern. Part of our plan is to streamline our citation processing and statistics gathering by
implementing an automated citation program.
The City of Temecula traffic division currently uses a relational database to track all citations and traffic
collisions. This database is crucial to planning future enforcement operations as well as determining road
design changes which helps to keep our drivers safe. Data is entered into the database manually by an
Officer who enters all citations and reports. This is an extremely time consuming process which requires
at least 10 hours a week of Officer time. In addition, there is a greater chance of errors as handwritten
citations can be difficult to read and data entry errors are also possible.
Program Solutions
In this next fiscal year we have applied for grant funding through the Office of Traffic Safety to purchase
an interface system. This system comprised of software and thirteen handheld citation devices will feed
directly into the Police Department's traffic citation database eliminating the need to manually enter most
of our citations. In addition, the system will allow the information to be transmitted directly to the courts.
The Police Department database will also synchronize with the City Public Works database, allowing
them to have up to date traffic information in order to model design improvements. Due to the cost of
implementation, however, we have only requested enough systems to outfit our thirteen motorcycle
officers.
The Temecula Police Department proposes to use Justice Assistance Grant funds to purchase and outfit
our six automobile traffic officers with handheld citation devices. These automobile officers are
responsible for regnlar patrol and citation processing and along with our motorcycle officers are
responsible for over 90% of the citations written within the City of Temecula. In 2005 our Traffic
division wrote and processed a total of 13,949 citations, an increase of 1,398 from the previous year.
Automating this citation processing throughout our traffic division will reduce manhours and allow our
Officers to focus on what they do best, education and enforcement.
City of Temecula
Edward Byrne Memorial Justice Assistance Grant Proposal
Page 2 of5
Budget Narrative
E. Supplies - List items by type (office supplies, postage, training materials, copying paper and
expendable equipment items costing less than $5,000, such as books, hand held tape recorders) and show
the basis for computation. (Note: Organization's own capitalization policy may be used for items costing
less than $5,000). Generally, supplies include any materials that are expendable or consumed during the
course of the proj ect.
The City of Temecula will purchase an automated citation system as part of phase one of our traffic
citation technology streamlining project. The first phase will be funded by a grant through the Office of
Traffic Safety. This automated system will allow 13 motorcycle traffic officers to input, manage and print
traffic citations in the field. This equipment will feed directly into the Police Department's traffic citation
database and will allow the information to be transmitted directly to the courts. In addition, the Police
Department database will synchronize with the City Public Works database, allowing them to have up to
date traffic information in order to model design improvements.
Phase two of this project will be funded by the Edward Byrne Memorial Justice Assistance Grant (JAG).
The supplies requested in this grant will tie into this new automated citation system and will allow our six
automobile traffic officers to utilize the system. Due to this grant we will be able to equip the entire traffic
division- which is responsible for over 90% of citations within the City of Temecula - in order to
streamline and coordinate the citation process.
Supply Items
Computation
Cost
Handheld Traffic Citation System
Handheld Bluetooth Printers with
Mag. Stripe Readers
Handheld Printer Wall Chargers ($57.14/each x 6 sets)
Memory Cards for Handhelds ($45. OO/each x 6 sets)
Memory Card Readers ($25. OO/each x 6 sets)
Thumbprint Readers ($185. OO/each x 6 sets)
Handheld Printer Car Chargers ($92. 86/each x 6 sets)
Handheld Printer Paper (150 cites/roll) ($324. OO/each x 10 sets)
($678. 57/each x 6 sets)
($871. 43/each x 6 sets)
$4,071.43
$5,228.57
$342.86
$270.00
$150.00
$1,110.00
$557.14
$3,240.00
TOTAL $14,970.00
c:\ WINDOWS\apsdoc\nettemp\14528\$ASQpdf797450 .doc
City of Temecula
Edward Byrne Memorial Justice Assistance Grant Proposal
Page 3 of 5
Budget Summary - When you have completed the budget worksheet, transfer the totals for each
category to the spaces below. Compute the total direct costs and the total project costs. Indicate the
amount of Federal requested and the amount of non-Federal funds that will support the project.
Budget Category Amount
A. Personnel $0
B. Fringe Benefits $0
C. Travel $0
D. Equipment $0
E. Supplies $14,970.00
F. Construction $0
G. Consultants/Contracts $0
H. Other $0
Total Direct Costs $14,970.00
I. Indirect Costs $0
TOTAL PROJECT COSTS $14,970.00
Federal Request $14,966.00
Non-Federal Amount $4.00
c:\ WINDOWS\apsdoc\nettemp\14528\$ASQpdf797450 .doc
City of Temecula
Edward Byrne Memorial Justice Assistance Grant Proposal
Page 4 of5
Review Narrative
On Monday, 3/6/06, the following notice will be published in the local media, on the City of Temecula
website and at three locations around City Hall.
Notice of Availabilitv for review and comment
THE CITY OF TEMECULA
43200 Business Park Drive
Temecula, CA 92590
CONSIDERATION OF A GRANT APPLICATION has been scheduled before the CITY
COUNCIL to consider the matter described below.
Case No:
Grant Application - Edward Byrne Memorial Justice
Assistance Grant
City of Temecula Police Department
Citywide
The City of Temecula Police Department is applying for
grant funds to streamline the processes of the City's Traffic
Division.
Applicant:
Location:
Proposal:
Any person may submit written comments to the Temecula Police Department before the date
of action or may appear and be heard in support of or opposition to the grant at the date of
action. The proposed grant application may be viewed in the Law Library, in the City Clerk's
Department, 43200 Business Park Drive, Temecula, California, Monday through Friday from
8:00 a.m. until 5:00 p.m. Questions concerning the grant may be addressed to Heidi Schrader,
City of Temecula Police Department, (951) 551-5405.
PLACE OF ACTION
Citv Council Chambers
43200 Business Park Drive
Temecula. California
April 25. 2006
7:00 PM
DATE OF ACTION
TIME OF HEARING
c:\ WINDOWS\apsdoc\nettemp\14528\$ASQpdf797450 .doc
City of Temecula
Edward Byrne Memorial Justice Assistance Grant Proposal
Page 5 of 5
On the date of 4/25/06, the following agenda report will be sent to the Temecula City Council for consent
and approval by the local goveming body.
TO: City Manager/City Council
FROM: Mitch Aim, Chief of Police
DATE: April 25, 2006
SUBJECT: Edward Byrne Memorial Justice Assistance Grant Application
PREPARED BY:
Heidi Schrader, Management Analyst
RECOMMENDATION: That the City Council approve the Edward Byrne Memorial Justice
Assistance Grant Application for a total amount of $14,966.
BACKGROUND: The Edward Byrne Memorial Justice Assistance Grant Program
(JAG) is awarded by Bureau of Justice Assistance (BJA). It allows local governments to support
a broad range of activities to prevent and control crime. This grant replaces the Local Law
Enforcement Block Grant (LLEBG) program that has funded law enforcement projects within the
City of Temecula in previous years.
Review requirements for submission of the JAG grant proposal to the BJA include:
1. 30 day review period by the community with an opportunity to comment.
2. Approval of the application by the City Council.
A notice was published in the local papers on Monday March 6, 2006 outlining the grant
application. The notice invited the public to review a copy of the grant application posted in the
law library at City Hall and to submit written comments or to make verbal comments in person
on the date of action.
The 2006 JAG proposal requests funds to purchase equipment to streamline the citation
tracking capabilities of the Temecula Police Department traffic division. These funds will be
used to purchase handheld citation systems to write traffic citations, record the information into
a central database and download the information to the court. This will dramatically reduce the
processing time for citations and allow our officers to be on the street keeping our drivers safe,
rather than entering information at the station.
FISCAL IMPACT: Appropriation of the $14,966 for this grant, along with offsetting
revenues will be included in the FY06-07 Police Department operating budget.
ATTACHMENTS:
Edward Byrne Memorial Justice Assistance Grant Application.
c:\ WINDOWS\apsdoc\nettemp\14528\$ASQpdf797450 .doc
ITEM NO.5
Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Grant Yates, Assistant to the City Manager
DATE:
April 25, 2006
SUBJECT:
A Resolution of the City Council of the City of Temecula Cooperating with
Southern California Association of Governments (SCAG) as a 2% Strategy
Demonstration Community for Community-Based Transportation Planning (at
the Request of Mayor Roberts)
PREPARED BY:
Aaron Adams, Sr. Management Analyst
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA COOPERATING WITH SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS (SCAG) AS A 2% STRATEGY
DEMONSTRATION COMMUNITY FOR COMMUNITY-BASED
TRANSPORTATION PLANNING
BACKGROUND: In November 2005 WRCOG was approved to begin work on a grant
received from CAL TRANS to study the opportunities and benefits of transit oriented development in
Western Riverside County. WRCOG selected 6 proposed transit stations throughout the region to
identify the potential for Transit Oriented Development (TOO's) in the quarter mile surrounding the
proposed station. The transit stations are located in the cities of Corona, Riverside, Moreno Valley
at March, Hemet, Perris and Temecula. This grant included funding to study the market conditions
and economic feasibility of transit oriented development at existing and potential rail and bus
stations.
Southern California Association of Governments (SCAG) came up with the 2% Strategy Policy to
meet requirements under the Regional Transportation Plan (RTP) especially as it pertains to air
quality. By promoting transit related development (TOO) there is a belief that this will reduce car
trips, therefore reducing air pollution and ultimately aiding in controlling air quality.
The 2% Strategy relates to 2% of the land available in the SCAG region in urban areas. It is the
intent that 2% of the available urbanized land will accommodate this type of development.
City staff has been actively involved with the Transit Oriented Development Advisory Group which
has been assembled to work with WRCOG in an effort to provide direction and assist in prioritizing
problems, develop strategies, and outline goals forthe TOD program. This resolution solidifies this
working relationship to further enhance the planning effort for the Temecula Transit Center.
The City of Temecula has identified the preferred location for the development of the Temecula
Transit Center to be located on the Riverside County Flood Control property northwest of
JeffersonlWinchester. Formal agreements for this joint use are still being discussed by both the City
of Murrieta and Riverside County Flood Control.
In addition, the Temecula Transit Center is the recipient of several Federal Transit Administration
Grants that will assist in the development and partnership of this project with the Riverside Transit
Agency (RTA).
FISCAL IMPACT:
None at this time.
ATTACHMENTS:
Resolution 06-
RESOLUTION NO. 05-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA COOPERATING WITH SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS (SCAG) AS A 2%
STRATEGY DEMONSTRATION COMMUNITY
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The City of Temecula is participating with the Western Riverside Council of
Governments (WRCOG) and its partners (Southern California Association of Governments,
UCR Center for Sustainable Suburban Development, Riverside County Transportation
Commission, Riverside Transit Agency, California Department of Transportation, and the
County of Riverside) in a study to examine the potential for transit oriented development (TOD)
in certain locations in western Riverside County; and
Section 2. The City of Temecula has been designated as a priority transit center location for the
WRCOG TOD Study; and
Section 3. The City of Temecula's transit center is located in a 2% Strategy Opportunity Area;
and
Section 4. WRCOG submitted an application to the Southern California Association of
Governments on behalf of the City of Temecula to be designated a 2% Strategy Demonstration
Community in order to leverage its community-based transportation planning grant resources;
and
Section 5. The Southern California Association of Governments has awarded Demonstration
Community Status to the City of Temecula along with consultant services that will be used to
perform station area planning; and
Section 6. The planning effort will emphasize strategies to better coordinate land use and
transportation decision-making, targeting growth around existing and planned transit stations;
including:
. detail specific local actions that support the 2% Strategy, as well as document
impacts and benefits;
. increase and facilitate the ease of use of various planning tools that support the
goals of the 2% Strategy;
. identify regulations that need to be revised to facilitate mixed-use multi-modal station
areas/corridors;
. develop policies that encourage a variety of housing types to accommodate
changing demographic and lifestyle needs;
. encourage design standards that focus on the efficient movement of pedestrian
traffic and other non-automobile modes of transit.
THEREFORE BE IT RESOLVED THAT, the City of Temecula accepts the designation of a 2%
Strategy Demonstration Community and is willing to participate and guide the station area
planning work, and to provide in-kind staff services to support the planning effort.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
25th day of April, 2006.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 25th day of April, 2006, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, MMC
City Clerk
ITEM NO.6
Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
April 25, 2006
SUBJECT:
Tract Map No. 29353, Located East of Butterfield Stage Road inclusive of North
Loop Road and South Loop Road Within the Roripaugh Ranch Specific Plan
PREPARED BY:
Ronald J. Parks, Deputy Director of Public Works
Gerald L. Alegria, Senior Engineer - Land Development
RECOMMENDATION: Thatthe City Council approve 1) Tract Map No. 29353 in conformance
with the Conditions of Approval 2) Subdivision Improvement Agreement and accept the Faithful
Performance and Labor and Materials Bonds as security for the agreement, and 3) Subdivision
Monument Agreement and accept the Monument Bond as security for the agreement.
BACKGROUND: Tract Map No. 29353 is a fifteen (15) lot subdivision located at east of
Butterfield Stage Road inclusive of North Loop Road and South Loop Road within the Roripaugh
Ranch Specific Plan. The map contains fifteen (15) lots for a residential development project.
Certain street improvements associated with the development of this map are required. The survey
monuments are required to be set.
On November 26, 2002, the City Council approved the Roripaugh Ranch Project consisting of:
Annexation PA94-0073, General Plan Amendment PA99-0298, Specific Plan PA94-0075, Change
of Zone PA94-0075, Environmental Impact Report PA94-0076, Tentative Tract Map No. 29353
PA01-0230, Tentative Tract Map No. 29661 PA01-0253, and Development Agreement PA99-0299.
A second reading was held on December 17, 2002. The Phasing Map for Tentative Tract Map No.
29353 PA03-0040 was approved on April 7, 2003.
Recordation of this map will allow the developer to sell these lots to merchant builders. These lots
will be further subdivided in accordance with the land use requirements of the Roripaugh Ranch
Specific Plan. Subsequently, some conditions have been deferred to the recordation of future
subdivision maps, as they are more applicable to those maps. Future subdivisions will consist of
single family residential lots. The site is currently vacant.
This final map is in conformance with the approved tentative map. The approval of a final
subdivision map, which substantially complies with the previously approved tentative map is a
mandatory ministerial act under State Law.
FISCAL IMPACT:
None
ATTACHMENTS:
1) Development Fee Checklist
2) Fees & Securities Report
3) Project Vicinity Map
4) Tract Map No. 29353
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO. TRACT MAP NO. 29353
Staff reviewed the following fees relative to their applicability to this project.
FEE
CONDITIONS OF APPROVAL
Flood Control (ADP)
Paid.
Development Impact Fee
This fee will be collected prior to issuance of
building permits.
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
TRACT MAP NO. 29353
IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY
SECURITY
Street and Drainage $ 8,468,500.00 $ 4,234,250.00
Water $ 571,500.00 $ 287,750.00
Sewer $ 39,000.00 $ 19,500.00
TOTAL $ 9,079,000.00 $ 4,539,500.00
Monumentation $ 51,500.00 -
DATE: April 25, 2006
DEVELOPMENT FEES
RCFC&WCD (ADP) Fee $ Paid
Development Impact Fee $ *TBD
SERVICE FEES
Planning Fee $ 561.00
Fire Fee $ 205.00
TCSD Fee $ 975.00
Plan Check Fee $ 9,526.00
Monumentation Inspection Fee $ 2,575.00
Fees Paid to Date $ 13,842.00
Balance of Fees Due $ 0.00
*To Be Determined
PROJECT
SITE
TEMECULA
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CALlrORN1A 80.1\.0
VICINITY MAP
N
N. To S.
PREPARED BY'
~
~AVID EVANS
AND ASSOCIATES INC.
800 North Haven Avenue, Suite 300
Ontario California 91764
TEL: (909)481-5750' FAX: (909)481-5757
CITY OF TEMCULA
TRACT MAP NO. 29353
VICINITY MAP
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ITEM NO.7
Approvals
City Attorney
Director of Finance
City Manager
V
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
April 25, 2006
SUBJECT:
Approval of the Plans and Specifications and Authorization to Solicit
Construction Bids for the Wolf Creek Fire Station, and Approval of the
Professional Service Agreement with Vanir Construction Management, Inc. for
Construction Management, Material Testing and Special Inspections - Project
No. PW01-11
PREPARED BY:
Greg Butler, Principal Engineer
Mayra De La Torre, Associate Engineer
RECOMMENDATION:
That the City Council:
1. Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit construction bids for the Wolf Creek Fire Station, Project No.
PW01-11.
2. Approve the Agreement with Vanir Construction Management, Inc. to provide
professional construction management, material testing and special inspection
services in an amount not to exceed $319,460 and authorize the Mayor to execute
the agreement.
3. Authorize the City Manager to approve amendments to the agreement not to exceed
the contingency amount of $31,946.00, which is equal to 10% of the agreement
amount.
BACKGROUND: The Wolf Creek Fire Station project will provide for construction of a
three bay heavy urban station on a 1.5 acre site located at the intersection of Wolf Valley Road and
Wolf Creek Drive South. More specifically, the project will include construction of the following: wet
and dry utilities, precise grading, site drainage systems, erosion control, foundation systems, a new
single story fire station totaling approximately 9,062 square feet, a storage structure totaling
approximately 576 square feet, trash enclosure, 2 above ground fuel tanks (1 ,000 gallons each), site
walkways and hardscape improvements, site landscaping, site concrete masonry unit walls and a
parking lot. In addition, the project will provide for procurement and installation of certain furnishings
and fixtures necessary to support the fire station.
The Construction Plans and Specifications have been completed and the project is ready to be
advertised for bids. All Contract Documents are available for review in the Department of Public
Works. The Architect's Construction Estimate for the project is $3,500,000.
Because of the size and complexity of the project, it requires material testing, special inspection and
a full time construction manager with recent proven experience in the construction of specialized
building projects like the Fire Station. Therefore, the Public Works Department requested proposals
from three (3) different firms with extensive experience in construction management of specialized
building projects. All three (3) firms responded to the proposal and one of the firms is currently
performing similar work for the City. Staff rated Vanir Construction Management, Inc. as the firm
providing the most qualified and cost effective proposal. Vanir Construction Management, Inc.
(Vanir) has extensive experience with similar projects; they are currently construction managers on
the Roripaugh Ranch Fire Station. Perthe attached agreement, they will provide all the construction
management, material testing and special inspection services described in the Scope of Work, as
shown in Exhibit "A".
Vanir's cost proposal is based on the estimated construction duration of thirteen months and breaks
down as flows:
Total:
$ 2,125
$ 4,250
$ 4,250
$ 258,835
$ 45,000
$ 5.000
$ 319,460
Task 1 - Project Validation
Task 2 - Construction Management Plan
Task 3 - Project Procedures Manual
Task 4 - Construction Administration
Task 5 - Material Testing & Soils Testing Services
Reimbursables
FISCAL IMPACT: The Wolf Creek Fire Station Project, Project No. PW01-11, is funded
by the Wolf Creek Community Facilities District (CFD) No. 03-03, the City's Development Impact
Fees (DIF) for Fire Mitigation, Fire facility, Public Facility and Public Service and other
reimbursements from the Developer (i.e., Standard Pacific Homes) and TASIN.
The total cost of the original Agreement $319,460, plus a 10% contingency amount of $31 ,946.00,
brings the total authorization to $351 ,406. Adequate funds are available in Project Account No. 210-
165-733-5805.
ATTACHMENTS:
1. CIP Project Description
2. Location Map
3. Agreement with Vanir Construction Management, Inc.
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(
AGREEMENT
FOR PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES
WOLF CREEK FIRE STATION
PROJECT NO. PW01-11
THIS AGREEMENT is made and effective as of April 25, 2006, between the City of
Temecula, a municipal corporation ("City") and Vanir Construction Management, Inc.
("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
1. TERM. This Agreement shall commence on April 25, 2006, and shall remain
and continue in effect until tasks described herein a re completed, but in no event I ater than
December 31, 2006, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all time faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the City Council has obtained the general prevailing rate of
per diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations. Copies may be obtained from the California Department of
Industrial Relations' Internet web site at http://www.dir.ca.gov. Consultant shall provide a copy of
prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage
rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776,
1777.5,1777.6, and 1813 of the Labor Code. Pursuantto the provisions of 1775 of the Labor Code,
Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion
thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing
rates for any work done under this contract, by him or by any subcontractor under him, in violation of
the provisions of the Contract.
5. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule,
attached hereto and incorporated herein by this reference as though set forth in full, based upon
actual time spent on the above tasks. Any terms in Exhibit B other than the scope of work to be
performed, payment rates and schedule of payment are null and void. This amount shall not exceed
Three Hundred Nineteen Thousand Four Hundred Sixty Dollars and No Cents ($319,460.00)
for the total term of the Agreement unless additional payment is approved as provided in this
Agreement. .
R:ICIPIProjeclsIPW01-11IAgreemenlslVanir Contract
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by th~ City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Consultant at the time City's written authorization is given to Consultant for the
performance of said services. .
The City Manager may approve additional work up to ten percent (10%) of the amount of the
Agreement or twenty-five thousand dollars ($25,000.00). Any additional work in excess of this
amount shall be approved by the City Council.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written
notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the
invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
7. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Consultant for any work
performed after' the date of default and can terminate this Agreement immediately by written notice
to the Consultant. If such failure by the Consultant to make progress in the performance of work
hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of
the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant
with written notice of the default. The Consultant shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Consultant fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
2
R:ICIPIProjectsIPW01-11\AgreementsIVanir Contract
8. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City the right to examine and
audit said books and records, shall permit City to make transcripts there from as necessary, and
shall allow inspection of a II work, data, documents, proceedings a nd activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused or otherwise disposed of by the City without the permission of the Consultant.
With respect to computer files containing data generated for the work, Consultant shall make
available to the City, upon reasonable written request by the City, the necessary computer software
and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. Ifthe Consultant has no
employees while performing, under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees.
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R:\CIPIProjects\PW01-11 IAgreementslVanir Contract
(4) Professional Liability Insurance shall be written 0 nap olicy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: One million dollars ($1 ,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial
General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately
to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
(2) Automobile Liability: One million dollars ($1,000,000) per accident
for bodily injury and property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1 ,000,000) per accident for
bodily injury or disease.
(4) Professional Liability coverage: Two million ($2,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insured's as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occLipied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
4
R:ICIPIProjeclsIPW01-11 IAgreemenlslVanir Contract
(4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraqe. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms prOVided by the City. All endorsements are to be received and approved by the City before
work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
11. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its
officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any
of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant
shall not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure
of the Consultant to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the City Manager or unless requested by the City Attorney, voluntarily provide
declarations, I etters of support, testimony at depositions, response to interrogatories 0 r other
5
R:ICIPIProjectsIPW01-11IAgreementsIVanir Contract
information concerning the work performed under this Agreement or relating to any project or
property located within the City. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the City. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition, hearing orsimilar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of T emecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Vanir Construction Management, Inc.
290 North D Street, Suite 900
San Bernardino, California 92401
Attention: David R. Anderson, Vice President
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
16. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree thatthe
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
6
R:ICIPIProjeclsIPW01-11IAgreemenlsIVanir Contract
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the City ofT emecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
7
R:ICIPIProjectsIPW01-11IAgreementsIVanlr Contract
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Vanir Construction Management, Inc.
290 North "0" Street, Suite 900
San Bernardino, CA 92401
Mansour Aliabadi, President
Alex Leon, CFO
(Two Signatures of Corporate Officers Required For Corporations)
8
R:\CIPIProjects\PW01-11\AgreementslVanir Contract
EXHIBIT A
TASKS TO BE PERFORMED
FOR PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES
WOLF CREEK FIRE STATION
PROJECT NO. PW01.11
9
R:ICIPIProjectsIPW01-11\AgreementsIVanir Contract
9~;
......"""-' -
CONSTRUCTION MANAGEMENT. INC.
EXHIBIT A (Revised)
Task to be Performed
290 North D Street, Suite 900
San Bernardino, CA 92401
TEL 909 384-1785
FAX 909 381-7534
March 30, 2006
Ms. Mayra De La Torre, PE
Associate Engineer - Capital Projects
Department of Public Works
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
Re: Proposal for Construction Management Services
Wolf Creek Fire Station
PWOl-ll
Dear Ms. De La Torre:
Vanir Construction Management, Inc. (VCM) is pleased to submit to you our proposal for construction
management services based on our recent telephone conversation. During that conversation you
indicated that bid phase services would not be required ofVCM and expressed a desire for us to
provide material & special inspection as required by the plans and specifications. It is also our
understanding that code compliance inspection would be provided by the City building official(s).
Following is our proposal based on the above directions:
Construction Phase Services:
Task 1 - Proiect Validation
VCM will verify public utility coordination (i.e. water, gas, sewer, power etc.) and agency permitting
to assure that the project is ready to start construction and be supported as required by utility purveyors
and public agencies.
Task 2 - Construction Manal!:ement Plan
VCM will provide a customized construction management plan in coordination with the City and the
architect and other team members. The CMP will provide the city, contractor, subcontractors, architect
and their consultants, inspectors and testing labs with detailed information concerning the specific
Bellevue Denver Houston
. San Diego Sacramento
Las Vegas
San Francisco
Los Angeles
San Jose
Oakland San Bernardino Richmond
San Luis Obispo Tempe Tucson
Ms. Mayra De La Torre
Exhibit A - Tasks To Be Performed
Wolf Creek Fire Station
Page 2 of 3
requirements, communications and procedures that will be implemented during construction ofthe fire
station. The construction management plan is intended to supplement the contract documents and does
not replace or delete the contract obligations or requirements.
Task 3 - Proiect Procedures Manual
VCM will provide a project procedures manual that will describe the process to be followed in
controlling specific requirements outlined in the CMP. System procedures will be addressed for
monitoring and controlling project costs, quality assurance, maintenance of the project schedule,
method and procedures for payments, change orders, submittals, correspondence, reports, meetings,
forms to be used, project acceptance and closeout procedures to name a few.
Task 4 - Construction Administration
Vanir will provide construction contract management administration as an agent of and representative
of the City and will establish and implement coordination procedures between the City, the architect
and contractor. Our fee proposal (Exhibit B) for construction administration is structured so that Vanir
will be present on the jobsite whenever the contractor is working on the jobsite. Following is a listing
oftasks to be performed:
Construction Phase
Review Plans, Specifications, Contract Documents
Verify Public Utility Coordination
Verify Agency Permits
Photo Documentation of Existing Site
Prepare Construction Management Plan (CMP)
Issue Approved CMP
Prepare Project Procedures Manual
Pre-Construction Schedule Meeting
Pre-Construction Meeting
Review Contractor's SWPPP
Review Contractor's Traffic Control Plan
Review Contractor's Safety Plan
Review Contractor's Submittal Schedule for Completeness
Review Contractor's Project Schedule of Values
Assist Contractor with Required Permits
Assure Posting of Prevailing Wages
Review Certified Payrolls for Rate Conformance
Review and Monitor Contractors Weekly and Monthly Construction Schedule
Prepare Monthly Report
Review Contractor's RFIs
Review AlE Response to Contractor RFls
Ms. Mayra De La Torre
Exhibit A - Tasks To Be Performed
W oIf Creek Fire Station
Page 3 of 3
Construction Phase( continued)
Review Submittals for Completeness
Post As- Builts
Conduct Weekly Progress Meeting
Prepare/Distribute Weekly Progress Meeting Minutes
Review Contractor's Payment Requests
Process Project-related Invoices
Review Contractor's Change Order Requests
Prepare Daily Log
Coordinate Start-up Activities
Coordinate Final Punchlist
Coordinate Final Inspections with Agency Personnel
Post-Construction Phase
Obtain Required Close-Out Submittals
Draft Notice of Completion
Request Publication of Notice of Completion
Process Contractor's Final Payment Request
Prepare/Distribute Final Project Cost Report
Task 5 - Code Compliance Inspections / Material & Soils Testinl!: Services
Vanir will also provide, by subcontract, special deputy inspections called for in the plans and
specifications as well as material and soils testing services for the Wolf Creek Fire Station project. It
should be noted that the costs of these services are highly dependent upon the contractors approved
construction schedule. Since the approved construction schedule is not available for review we have
based our fees for these services on an estimate of the construction schedule and our collective past
experience with similar projects. Consequently, this part of our fee proposal may be subject to revision
upon receipt ofthe contractor's proposed schedule.
We look forward to working with you on this important City project. If you need any clarification of
the tasks described above please do not hesitate to call.
Best regards,
David R. Anderson, AlA, CCM, LEEDTMAP
Vice President! Area Manager
San Bernardino Area Office
EXHIBIT B
PAYMENT RATES AND SCHEDULE
10
R:ICIPIProjeclsIPW01-11IAgreemenlsIVanir Contract
!~j
CONSTRUCTION MANAGEMENT. INc.
EXHIBIT B (Revised)
Fee & Payment Rate Schedule
290 North D Street, Suite 900
San Bernardino, CA 92401
TEL 909384-1785
FAX 909 381-7534
March 30, 2006
Ms. Mayra De La Torre
Associate Engineer - Capital Proj ects
Department of Public Works
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
Re: Proposal for Construction Management Services
Wolf Creek Fire Station
Dear Ms. De La Torre,
Based on Exhibit "A", Tasks to be Performed (copy enclosed), we propose a Time and Material
Not-To-Exceed Fee of$319,460.
Our fee will be billed according to the following division of tasks:
Tasks
Fees
Task 1 - Project Validation
$ 2,125
Task 2 - Construction Management Plan
$ 4,250
Task 3 - Project Procedures Manual
$ 4,250
Task4 - Construction Administration
$258,835
Task 5 - Material & Soils Testing Services
$ 45,000
Reimbursables (Fed-Ex, Blueprints, Photo's etc.)
NTE Allowance: $ 5.000
Total Not-To-Exceed Fee:
$319,460.
Bellevue Denver Houston
San Diego Sacramento
Las Vegas
San Francisco
Los Angeles
San Jose
Oakland San Bernardino Richmond
San Luis Obispo Tempe Tucson
Ms. Mayra De La Torre
Exhibit B - Fee & Payment Rate Schedule
Wolf Creek Fire Station
Page 2 of2
Fees will be invoiced monthly, based on time and material for each task, plus any reimbursable
expenses. We have read the City's Standard Consultant Services Agreement attached to RFP No.142
and agree to the terms therein.
If Extra Services are required, and approved by the City of Temecula, the following rates would
apply:
Classification
Principal in Charge / Project Director
Senior Project Manager
Senior Construction Manager
Project Manager
Construction Manager
Constructability Reviewer
Estimator
Scheduler
Assistant Project Manager
Assistant Construction Manager
Field Engineer
Field Coordinator
Project Coordinator
Clerical/Doc.Control
Rate / Hour
$ 135 .~
$ 125 ,:;r
.$12Sfll.;1.D
$ 120
$120
$ 100
$ 100
$ 100
$ 95
$ 95
$ 85
$ 80
$ 80
$ 75
Consultants
Reimbursables (Fed-Ex, Blueprints, Photo's etc.)
Cost x I.l 0
Cost x I.lO
Please call me if you have any questions or need clarifications. We look forward to working with you
and other city staff on this exciting project!
Best regards,
0-'
David R. Anderson, AIA, CCM, LEEDTMAP
Vice President! Area Manager
San Bernardino Area Office
Page 2 of2
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Office Locations
Orange Counly
CDrporate Branch:
2992 E. La Palma Avenue
Suite A
Anaheim. CA 92806
Tel: 714.632.2999
Fax: 714.632.2974
Los Angeles
Ventura County
13010 San Fernando Road
Unit 1
Sylmar. CA 91342
Tel: 818.833.8100
Fax: 818.833.0085
San Diego
Imperial Counly
7313 Carroll Road
Suite G
San Diego, CA 92121
Tel: 858.537.3999
Fax: 858.537.3990
Inland Empire
14320 Elsworth Street
Suite C101
Moreno Valley, CA 92553
Tel: 951.653.4999
Fax: 951.653.4666
Central Dispatch
800.491.2990
www.mtglinc.com
e@~w
Vanir Construction Management
32131 South Loop Road
Temecula, CA 92591
Attn: Mr. Larry E. Campbell
Geotechnical Engineering
Construction Inspection
Materials Testing
Environmental
March 17, 2006
Proposal Log No, P-06-170
RE: PROPOSAL FOR MATERIAL TESTING AND SPECIAL DEPUTY INSPECTION
Wolf Creek Fire Station
32211 Wolf Valley Road
Temecula, California
Dear Mr. Campbell:
Enclosed please find my card, our Estimated Hourly Breakdown, Prevailing Wage Fee Schedule
dated January 1. 2006, and our General Conditions. We propose on this project with the rates
set forth in the attached schedule. The rates have been discounted as detailed in the attached
proposal.
Our estimated fees of $40,816.00, have been based on a review of the plans, specifications,
the billed to date of Roripaugh Fire Station and the minimum requirements of the structural
program.
Estimates shown are based on work performed eight hours per day, Monday through Friday. All
invoicing would be in accordance with the attached Estimated Hourly Breakdown, Basis of
Charges and General Conditions. These prices will remain in effect for one year from the date of
this proposal.
,
The opportunity of submitting this proposal is sincerely appreciated. If it meets with your
approval, please indicate your acceptance by signing and returning the enclosed copy. We
look forward to working with you on this project.
~
Encl,: 2006 Prevailing Wage Schedule of Fees
General Conditions
Estimated Breakdown
CLIENT:
Vanir Construction Manaqement
BY:
TITLE:
DATE:
RECEIVED
MAR 2 OZ006
BY:
.
ESTIMATED HOURLY BREAKDOWN
Wolf Creek Fire Station
Proposal No. 06-170
GEOTECHNICAL
Geotechical
Provide tesllng and observation services for site earthwork, wall backfill, foundation observation and subgrade
preparation. All testing will be conducted in accordance with the the original soils report, CBC Chapter 18,
plans and specifications. All field observations will be done by a qualified soil echnicians overseen by a
Realstered Geotechnical Enalneer.
~ Earthwork
. Staff Engineer - Bottom of Footing Check
. Soli Technician - Grading
. Soil Technician - Backfill
. Soil Technician - Grab Sample from Import Site
Assuming one import site.
. Soil Technician - As Needed Compaction Testing
. Nuclear Density GaugelMobile Field Lab
~ Laboratory Testing:
. Maximum Density D1557 A
. Sand Equivalent
. Expansion Index
. Sieve Analysis
Quantity
4 hours
80 hou rs
24 hours
4 hou rs
24 hours
16 day
Rate
120.00
57.00
57.00
57.00
57.00
50.00
3 each 140.00
2 each 65.00
2 each 90.00
2 each 40.00
Geotechnical Subtotal:
CONCRETE REINFORCEMENT and CAST-IN-PLACE CONCRETE
Page 1 of 2
Total
$480.00
$4,560.00
$1,368.00
$228.00
$1,368.00
$800.00
$420.00
$130.00
$180.00
$80.00
$9,614.00
Concrete Reinforcement and Cast-in-Place Concrete
Provide special inspection and testing services in accordance with 2001 CBC Chapter 19.
Provide continuous inspection of jobslte all structural concrete >2500 psi.
Provide a check of reinforcing steel placement prior to concrete placement for all structural concete > 2500 psi.
Perform slump tests and prepare one set of four compressive strength specimens for each 150-cubic yards of
concrete.
~ Preconstruction Review
. Mix Design Review
~ Field Services:
. ICBO Concete Inspector
~ Laboratory Testing:
. Concrete Compressive Strength Cylinders wi p/u
Quantity
1 each
72 hours
Rate
150.00
57.00
44 each 22.00
Concrete Subtotal:
Total
$150.00
$4,104.00
$968.00
$5,222.00
CONCRETE MASONRY UNIT
Concrete Masonry Unit:
Provide special inspection and testing services in accordance with CBC Chapter 21.
Provide continuous masonry inspection.
Sample and test one set of five pre-construction prisms and one set of three prisms for each 5000 square
feet of wall throughout the course of construction.
Sample and test Mortar samples each day of construction for the first three days and once a week there
after.
C:::Imnl,:::li ::ann t&lc:t r.:l"r\llt c:::lmnlj:lC: fnr I=lo::arh t:;rnllt nl::ar.om,::r.nt
~ Field Services:
. Placement Inspection
;. Laboratory Testing:
. Compressive Strength - Grout wi pick up
. Compressive Strength - Mortar wi pick up
. Compressive Strength - Prisms wi pick up
Quantity Rate
164 hours 57.00
18 each 22.00
27 each 22.00
8 each 150.00
Concrete Masonry Unit Subtotal:
Total
$9,348.00
$396.00
$594.00
$1,200.00
$11,538.00
A
ESTIMATED HOURLY BREAKDOWN
Wolf Creek Fire Station
Proposal No. 06-170
FABRICATION SHOP INSPECTION (LOCAL-ONLY)
Page 2 of 2
Fabrication Shop Welding: Review steel mill certificates, welder certifications and weld procedures
specifications (WPS's) for compliance the project plans, specifications, CBC Chapter 22, and AWS and ASNT
Structural Steel Welding Code. Periodically monitor amperage and voltage of welding equipment and verify
that welders are following the prescribed weld procedures and sequence. Provide non destructive
examination and welder qualifications per project specifications. Visually Inspect all welds and test all full
penetration welded connecllons and splices by ultrasonic method. Steel Inspectors will be certified by AWS.
Estimate aoolies to local (within 50 mile radius) fabrication shoos onlv.
)> Field 5elVices:
. Visual Inspection (Steel Fab Shop)
. Ultrasonic Testing
Quantity Rate
88 hours 57.00
16 hours 70.00
Fabrication Welding Subtotal:
FIELD WELDING
Total
$5,016.00
$1,120.00
$6,136.00
Field Welding: Review steel mill certificates, welder certifications and weld procedures specifications
(WPS's) for compliance with the project plans, specifications, CBC Chapter 22, and AWS and A5NT Structural
Steel Welding Code. Periodically monitor amperage and voltage of welding equipment and verify that
welders are following the prescribed weld procedures and sequence. Provide non destructive examination
and welder qualifications per project specifications. Visually inspect all welds and test all full penetration
welded connections and splices by ultrasonic method. Steel Inspectors will be certified by the AWS.
)> Field SelVices:
. Visual Inspection
. Ultrasonic Testing
Quantity Rate
88 hours 57.00
8 hours 70.00
Field Welding Subtotal:
FINAL REPORTING I PROJECT SET UP
)> Administrative I Reporting
. Registered Engineer
. Registered Geotechnical Engineer
. Project Management
. Report Distribution I Clerical
. Final Affidavid (One per permit)
. Project Set Up
Quantity Rate
6 hours 90.00
6 hours 120.00
6 hours 70.00
6 hours 50.00
1 each 500.00
1 each 250.00
Administrative Subtotal:
PROJECT TOTAL
)> Project Total:
. Geotechnical
. Concrete Reinforcement, Cast-in-place Concrete
. Concrete Masonry Unit
. Fabrication Shop Welding
. Field Welding
. Administrative I Reporting
GRAND TOTAL:
Estimate was based on a review of the pians, specifications and the Roripaugh Are Station.
Proposed rate is refiective of prevaiiing wage stancfaros.
See attached Basis of Charges and Terms and Conditions.
Total
$5,016.00
$560.00
$5,576.00
Total
$540.00
$720.00
$420.00
$300.00
$500.00
$250.00
$2,730.00
$9,614.00
$5,222.00
$11,538.00
$6,136.00
$5,576.00
$2,730.00
$40,816.00
Corporate Office: 2992 E. La Palma Ave., Suite A, Anaheim, CA 92606
Orange County Tel: (714) 632-2999 Fax: (714) 632-2974
Branch Offices:
Los Angeles I
Ventura
San Diego I
Imperial
Inland Empire
13010 San Fernando Road, Unit 1 Sylmar, CA 91342
Tel: (616) 633-6100 Fax: (618) 833-0085
7313 Carroll Road, Suite G, San Diego, CA 92121
Tel: (858) 537-3999 Fax: (858) 537-3990
14320 Elsworth Sl. Suite C101, Moreno Valley, CA 92553
Tel: (951) 653-4999 Fax: (951) 653-4666
PREVAILING WAGE
SCHEDULE OF FEES
EFFECTIVE JANUARY 1, 2006
MTGL, Inc. is a woman-owned, minority-business-enterprise. Our facilities have been structured and
professionally staffed to provide our clients with comprehensive services in the field of Construction
Inspection and Testing, Geotechnical Engineering, Engineering Geology, and Environmental Services.
GEOTECHNICAL ENGINEERING Planning and feasibility studies, preliminary and final
design, grading and foundation plan reviews, observation,
testing, verification and engineering consultation during
construction.
CONSTRUCTION INSPECTION Field inspection by registered deputy inspectors.
ROOFING INSPECTION Field inspection by qualified technicians.
ENGINEERING INVESTIGATIONS Evaluation of existing and damaged structures.
PAVEMENT MANAGEMENT Design, failure investigations, remedial measures.
CONSTRUCTION ENGINEERING Materials, specifications, quality assurance, expert
testimony.
PHYSICAL TESTING Construction materials, structural systems.
NON-DESTRUCTIVE EXAMINATION Ultrasonic, magnetic particle, dye penetrant.
RESEARCH Product and process development, reliability testing.
ENVIRONMENTAL [INDUSTRIAL HYGIENE Asbestos & lead-paint based consultation, project design,
monitoring & management, remediation planning
environmental site assessments, thermographic imaging,
indoor air quality testing, mold screening & consultation,
water intrusion & investigation.
Prevailing WageSchedule of Fees
CONSTRUCTION SERVICES
PROFESSIONAL SERVICES
Principal Engin.er / G.oiogist ............................$ 150.00 P.r Hour
R.gistered Civil Engin..r / G.ologist.................$ 120.00 Per Hour
Staff Engin..r / G.o[ogist ..................................$ 90.00 Per Hour
Insp.ction / Laboratory Sup.rvisor.....................$ 90.00 Per Hour
proj.ct Manag.r.................................................$ 90.00 P.r Hour
Draftsp.rson ......................................................$ 70.00 Per Hour
Word Processing................................................$ 50.00 Per Hour
Review of files for processing affidavits
and certifications required by various
Governmental Agencies........,........................$ 90.00 Per Hour
Legal Consultation, Expert Witness and
Court Appearances (Minimum 4 Hours) ,........$ 250.00 P.r Hour
ENVIRONMENTAL SERVICES
C.rtified Asbestos Consultant............................$ 85.00 P.r Hour
Certified Asb.stos Inspector ..............................$ 65.00 Per Hour
Certified Asb.stos proj.ct Manag.r ...................$ 75.00 Per Hour
C.rtifi.d Asb.stos proj.ct D.slgn.r...................$ 75.00 P.r Hour
Certified Site Surveillance Technician ................$ 65.00 Per Hour
On-Sit. 582 C.rtifi.d Microscopist.....................$ 65.00 P.r Hour
Certified Lead Inspector / Assessor....................$ 65.00 Per Hour
Certified Lead Project Monitor............................$ 65.00 Per Hour
Certified Industrial Hygienist...............................$ 180.00 Per Hour
Environmental Site Assessment (Phase 1)..........$ 95.00 Per Hour
Environmental Site Assessment (Phase 11).........$ 95.00 Per Hour
Industrial Hygienist.............................................$ 100.00 Per Hour
(Prices based on 2 Hour Minimum & Test Samples Additional)
PROJECT SERVICES
Pile Driving I Deep Foundation Inspection..........$
Special Inspection ...... .... ............ ........... ... .......... $
Roofing Technician ............................................$
Batch Plant (Concrete or Asphait) ......................$
Technician - Laboratory and Field .,....................$
Soils/Asphail Technician .... .... .... .... .... ......... ....... $
Ultrasonic, Dye Penetrant, or Magnetic
Particle Inspection .............. ......., ............. ,..".. $
Pachometerl Schmidt HammerlElcometer/
Torque
Pull-Out Test on Embedded Bolts/
Anchors and Dowels "....................................$
Concrete, Masonry, Asphalt Coring or Sawing ...$
Floor Flatness / Levelness (Inc. Equipment)......$
Emissivity... ....... ........ ..... ........ .... ........... ........ ..... $
Ground Rod Test ...............................................$
90.00 Per Hour
75.00 Per Hour
75.00 Per Hour
75.00 Per Hour
75.00 Per Hour
75.00 Per Hour
75.00 Per Hour
$ 65.00 Per Hour
75.00 Per Hour
130.00 Per Hour
0.03 Per sq ft
85.00 Per Hour
85.00 Per Hour
EQUIPMENT
Pick-Up and Delivery - Miscellaneous ................$ 40.00 Per Hour
Skidmore-Wilhelm Bo[t Ce[I................................$ 40.00 Per Day
Torque Wrench ..................................................$ 15.00 Per Day
Air Meter ............................................................$ 20.00 Per Day
Pachometer .......................................................$ 50.00 Per Day
Schmidt Hammer ...............................................$ 30.00 Per Day
Ultrasonic Equipment.........................................$ 40.00 Per Day
Magnetic Particle Equlpment..............................$ 50.00 Per Day
Dye Penetrant Equipment..................................$ 30.00 Per Day
Jacking Assembly ..............................................$ 25.00 Per Day
Nuclear Density Gauge......................................$ 40.00 Per Day
Mobile Soils Laboratory......................................$ 40.00 Per Day
Coring Equipment ..............................................$ 50.00 Per Day
Emissivity Test Kit..............................................$ 40.00 Each
Ground Rod Equipment......................................$ 40.00 Per Day
TESTING MACHINES
Testing Machine with Operator in Laboratory
0- 60,000 Pound Machine (Universal) ...........$ 125.00 Per Hour
800,000 Pound Machine (Universa[) ..............$ 200.00 Per Hour
Effective January 1, 2006
Page 2
CONCRETE
STRENGTH CHARACTERISTICS
A.S.T.M.
C39
Concrete Cylinders (6" x 12")
W/ Mold .....................,............. $
Lightweight FiIi Concrete (3" x 6"). $
Concrete or Gunite Cores,
6" Maximum Diameter,
Including Trim .......................... $
Splitting Tensil. ........................... $
6" x 6" Beams, Modulus
of Ruptur................................. $
Handling Charg., Cylinders
Not Broken/Hold....................... $
Handling Charge, Beams
Not Broken/Hold....................... $
C469 Modulus of Elasticity.................... $
MIX DESIGN
A.S.T.M.
C192
C495
C39
C496
C78
20.00 Each
25.00 Each
35.00 Each
50.00 Each
50.00 Each,
10.00 Each
40.00 Each
75.00 Each
Laboratory Trial Batch with Slump,
and 6 Cylinders/Prisms
Unit Weight, Air,
(Sampling Extra) ...................... $ 350.00 Each
Mix Design, Determination of
Proportions .............................. $ 150.00 Each
Review of Existing Mix Design ..... $ 125.00 Each
MISCELLANEOUS TESTING
C567 Unit Weight of Hardened Light
Weight Concrete ...................... $ 40.00 Each
C684 Rapid Cure Concrete Cylinders
(Boil Method) ........................... $ 30.00 Each
C157 Drying Shrinkage (3 Bars - Four
Readings, up to 90 Days)............. $ 200.00 Set
C495 Lightweight FiIi Concrete Density. $ 30.00 Each
MASONRY
STRENGTH CHARACTERISTICS
C780 Mortar Cylinders (2" x 4") w/ mold $
Cl09 Mortar Cubes (2" x 2") w/ moid..... $
C39 Grout Prisms (3" x 6") w/ moid ..... $
Handling Charge, Mortar or
Prisms Not Broken/Hoid........... $
C140 Block Compression
$ 8" x 8" x 16................................ $
C140 Block Compression
> 8" x 8" x 16" .............................. $
E447 Grouted Masonry Prism
Compression Test s 8" x 8" x 16"$
E447 Grouted Masonry Prism
Compression Test> 8" x 8" x 16"
Handling Charge, Grouted Prisms
Not Broken/Hold....................... $
BLOCK
A.S.T.M.
C140
C140
C67
C426
20.00 Each
20.00 Each
20.00 Each
10.00 Each
35.00 Each
45.00 Each
100.00 Each
Quotation
75.00 Each
Moisture Content and Absorption. $ 45.00 Each
Measurements............................. $ 25.00 Each
Masonry Efflorescence................. $ 45.00 Each
Linear Shrinkage
(CMA Method) ......................... $ 95.00 Each
Rapid Linear Shrinkage
(British Modified Method) ......... $ 75.00 Each
Bond Strength..............................$ 50.00 Each
Masonry Core ~ Compression ..".. $ 35.00 Each
Masonry Core - Shear.................. $ 65.00 Each
C952
C39
Prevailing Wage Schedule of Fees
BRICK
AS.T.M.
C67
C67
C67
C67
C67
C67
C67
C67
STEEL
Compression... ... ...... .... ....... ... ...... $
Modulus of Rupture .....................$
Absorption, Soak .........................$
Absorption, Boll ...........................$
Absorption, Saturation Coefficient $
Initial Rate of Absorption ..............$
Efflorescence ..............................$
Efflorescence with Mortar .......,.....$
REINFORCEMENT
A.S.T.M.
A615
A615
No. 11 Bar and Smaller................$
No. 14, No. 18..............................
Bend Test No. 11 Bar and
Smaller............... ..... ..... ..... .... ... $
Processing Mill Certificates
(Per Size and Heat)..................$
STRUCTURAL STEEL
A.S.T.M.
A370 Tensile Strength
Up to 100,000 Ibs.........................$
100,000 to 200,000 Ibs.................$
Bend Test.....................................$
Pipe Flattening Test .....................$
Bolt Tensile Test ..........................$
Bolt Proof Test .............................$
Nut ProofTest..............................$
Nelson Stud Tensile Test .............$
Machining and Preparation
of Samples ...............................$
Brinell & Rockwell Hardness
Test..........................................$
Processing Mill Certificates
(Per Size and Heat)..................$
Chemical Anaiysis ....... .......... .... ...$
PRESTRESS
AS.T.M.
A416
A416
Prestress Cable, 7 Wire
(Yield /Tensile) ........................$
Prestress Wire (Yield /Tensile) ....$
Sample Preparation......................$
35.00 Each
35.00 Each
25.00 Each
25.00 Each
35.00 Each
35.00 Each
45.00 Each
55.00 Each
35.00 Each
Quotation
30.00 Each
20.00 Each
45.00 Each
55.00 Each
35.00 Each
30.00 Each
35.00 Each
25.00 Each
20.00 Each
35.00 Each
35.00 Each
35.00 Each
25.00 Each
75.00 Each
150.00 Each
140.00 Each
45.00 Per Hour
WELD PROCEDURE AND WELDER QUALIFICATIONS
Welder Certification (AWS)...........$ 75.00 Per Hour
STRUCTURAL STEEL COUPON
Weld Tensile Test.........................$ 40.00 Each
Weld Bend Test............................$ 30.00 Each
Weld-Macro Etch..........................$ 50.00 Each
Machining and Preparation
of Samples...............................$ 35.00 Each
FIREPROOFING
UBC 7-6 Unit Weight ..................................$ 35.00 Each
ASTM-736 Adhesion/Cohesion ......................$ 15.00 Each
ROOFING
Unit Weight ..................................$ 55.00 Each
UBC 15-5 Tile (Breaking Strength/
Absorption)...............................$ 60.00 Each
Mineral Shake - Flexural...............$ 35.00 Each
Mineral Shake -Absorption ..........$ 25.00 Each
SOIL AND AGGREGATE
CLASSIFICATION
A.S.T.M.
C136
C136
D422
01140
D422
0422
Sieve Analysis (> #4 Sieve) ........ $
Sieve Analysis (<#4 Sieve) ......... $
Sieve Analysis ( < #4 Sieve,
Washed) .................................. $
#200 Wash .................................. $
Sieve Analysis ~ Combined .......... $
Hydrometer with Sieve
Analysis ................................... $
liquid and Plastic Limit ................ $
Page 3
40.00 Each
40.00 Each
50.00 Each
30.00 Each
60.00 Each
125.00 Each
90.00 Each
D4318
02419
CAL TM 217 Sand Equivalent (Set ofThree) .... $ 65.00 Set
CAL TM 217 Cleanness Value.......................... $ 230.00 Each
PHYSICAL CHARACTERISTICS
AS. T.M.
C127
C128/D854
C127
C128/D854
D2216
03080
03080
D2166
D2435
D2435
UBC 18-2
D2434
D2434
Specific Gravity and Absorption
(> #4 Sieve) .............................. $ 75.00 Each
SpeCific Gravity and Absorption
(< #4 Sieve) .............................. $ 65.00 Each
SpeCific Gravity (> #4 Sieve)......... $ 60.00 Each
Specific Gravity (< #4 Sieve)......... $ 50.00 Each
Moisture Content ........................... $ 15.00 Each
Direct Shear Quick Undisturbed ..... $ 100.00 Each
Direct Shear Slow Undisturbed ........ Quotation
Direct Shear Quick Remolded........ $ 160.00 Each
Direct Shear Slow Remolded ........... Quotation
Unconfined Compression............... $ 60.00 Each
Consolidation - Time Rate.............. $ 275.00 Each
Consolidation - WithoutTime Rate. $ 175.00 Each
Expansion Index ............................ $ 90.00 Each
Permeability - Undisturbed ............. $ 175.00 Each
Permeability - Remoided ................ $ 225.00 Each
SUBGRADE SUPPORT QUALITY
AS.T.M.
01883 Bearing Ratio w/o M. O. Curve -
Per Poin!.................................... $ 80.00 Each
D2844
CAL TM 301 R-Value (3 Points).......................... $ 190.00 Each
Lime, Cement or Bituminous Treatment available upon request.
DENSITY CHARACTERISTICS
A.S.T.M.
02937
D1557-A,B
01557-C
D698-A,B
D698-C
Moisture / Density (Ring)................ $
Maximum Density .......................... $
Maximum Density .......................... $
Maximum Density ..........................$
Maximum Density.......................... $
Check Point (Maximum Density) .... $
C29 Unit Weight - Loose ....................... $
C29 Unit Weight - Rodded..................... $
CAL TM 216 Maximum Density.......................... $
CHEMICAL PROPERTIES
CAL TMs
532/643 Resistivity ...................................... $
532/643 pH.................................................. $
CAL TM 417 Sulphate ........................................ $
CAL TM 422 Chloride ......................................... $
Corrosivity Series....,...................... $
Chemical Analysis.......................... $
25.00 Each
140.00 Each
150.00 Each
120.00 Each
130.00 Each
70.00 Each
35.00 Each
40.00 Each
150.00 Each
75.00 Each
45.00 Each
55.00 Each
55.00 Each
165.00 Each
75.00 Each
Prevailing Wage Schedule of Fees
AGGREGATE PROPERTIES
A.S.T.M.
C131 LA Abrasion....................................$ 140.00 Each
C535 LA Abrasion....................................$ 150.00 Each
CBB Soundness.....................................$ 275.00 Each
C40 Organic impurities ..........................$ 40.00 Each
C142 Clay Lumps I Friabie Particies........$ 90.00 Each
C235 Soft Particles..................................$ 75.00 Each
C123 Coal & Ligntte.................................$ 100.00 Each
CRD 119 Percent Elongation I Flats ..............$ 145.00 Each
CAL TM 205 Percent Crushed ............................$ 100.00 Each
CAL TM 229 Durability........................................$ 150.00 Each
ASPHALT CONCRETE
GENERAL TESTING
A.S.T.M.
02172 Bitumen Content ..........................$ 100.00 Each
D13B, C117 Gradation of Extracted Sample.....$ 50.00 Each
011 BB Unit Weight - Molded Specimen
or Cores ...................................$ 50.00 Each
02041 Theoretical Maximum Density ......$ 75.00 Each
01561,
CAL TM 304 Compacted Maximum Density -
HVEEM ....................................$ 120.00 Each
01559 Compacted Maximum Density-
MARSHALL..............................$ 130.00 Each
01664 Stripping...................................,...$ 65.00 Each
MIX DESIGN I CONTROL
A.S. T.M.
01560
CAL TM 336 Mix Design - HVEEM including
Aggregate Tests - Per Design ..$1,000.00Each
01159 Mix Design - MARSHALL includin9
Aggregate Tests - Per Design ..$1,200.00Each
01560
CAL TM 336 Field Mix - HVEEM - Stability
Per Point..................................$ 150.00 Each
01559 Fieid Mix ~ MARSHALL-Stability
Per Point..................................$ 160.00 Each
MISCELLANEOUS
Specimen Pick-Up
Concrete/Mortar Cylinders and Grout
Prisms ($1B.00 Minimum)...........................$ 6.00 Each
Flexural Beams ($70.00 Minimum).................$ 35.00 Each
Masonry Prism up to a" x 8" x 16"
($70.00 Minimum) ......................................$ 35.00 Each
Masonry Prism, Larger than 8" x 8" x 16" ....... Quotation
Gunite and Shotcrete Test Panels
($70.00 Minimum) .......................................$ 35.00 Each
Fireproofing Sampies.....................................$ 35.00 Per Trip
Sample Pick up outside 50 mile radius...........Quotation
Page 4
BASIS OF CHARGES
1. A four hour minimum show-up charge will be incurred
for all scheduled field services not canceled before 4:00
p.m. of the preceding day. A minimum four hour charge
will be incurred for special deputy field services up to
four hours and a minimum of eight hours will be
incurred for special deputy field services in excess of
four hours per day. A minimum four hour charge will be
incurred for technician fieid services. A one-hour
minimum charge will be incurred for any office services.
2. An overtime premium of time and one-half will be
charged for any personnel services in excess of eight
hours per day, up to and including twelve hours per
day, and Saturday. Double time will be charged for
over twelve hours in anyone day, Sunday and
HOlida~s. Holidays are New Vears Day, Memorial Day,
July 4 , Labor Day, Veteran's Day, Thanksgiving Day
and the Friday after Thanksgiving Day, and Christmas
Day. High priority laboratory testing at the Client's
request which requires unscheduled overtime is subject
to a 50% increase from the standard rates.
3. Swing (20') and graveyard (3"') shift will be charged at
regular rates plus 15% and 20% respectively.
4. Sampling, specification review, discussion, and report
preparation for field testing are charged at hourly rates.
A minimum charge of $100.00 will be made for
issuance of any engineering reports. Engineering
review time of all field reports is estimated to be 0.2
hours per report. The charge for weekly report
distribution is 1 hour per week.
5. There will be no charge for travel time and mileage
within a 50 mile radius of our nearest office for deputy
inspection only. For projects outside a 50 mile radius
and less than 100 miles, the mileage rate will be 50
cents per mile. Engineers, Consultants, Supervisors
and Technicians are charged portal to portal with
minimums from the nearest office to site of work and
return, unless othelWlse noted.
6. Reimbursable expenses such as. parking, air fare, car
rental, food and lodging will be charged at cost plus
20%, unless provided. Subsistence on remote jobs by
quotation, unless provided.
7. Outside services performed by others and direct costs
expended on the Client's behalf are charged at cost
plus 20%, unless othelWise noted.
8. Certified Payrolls will be supplied upon request at a cost
of $75.00 per pay period.
9. There will be a minimum project set-up fee of $250 for
obtaining plans, specifications, accounting/distribution
information and filing of preliminary liens. Invoicing is
performed on a monthly basis. Past due account will
accumulate interest charges at the rate of 1 % per
month
10. Prices for tests not quoted or discounts for volume work
will be given upon request.
Prices subject to change without notice.
~
GENERAL CONDITIONS
a
1. This agreement and the attached Proposal, described by number on the reverse and incorporated herein by reference,
constitute the entire agreement between the Client and Consultant. .
2. In the event any of these general conditions shouid be found to be unenforceable, it shall be stricken and the remaining
provisions shall be enforceable. This contract is entered into in Orange County California.
3. Client shall secure the permission necessary to allow Consultant's personnel and equipment access to the project site at no
cost to Consuitant.
4. Client agrees to notify Consultant twenty-four hours in advance of any necessary tests and observations. If Client assigns this
responsibility to a contractor and/or subcontractor, architect, engineer, or job inspector, Client will defend, indemnify and hold
Consultant harmless from any and all claims, damages and liability, including defense costs, arising from improper scheduling
on the part of the responsible party.
5. Consultant's field investigation may yield samples and specimens. Non-hazardous samples or specimens will be discarded 30
days after testing and reporting unless othelWise instructed by Client. Client shall be responsible for costs of compliance
procedures for any hazardous samples or specimens collected by Consultant in performing its services hereunder.
6. Client shall be responsible for advising Consultant of the existence of any hazardous substances or conditions existing in, on or
near the project should such facts become known to Client.
7, Consultant shall perform its services in a manner consistent with the standard of care and skill ordinarily exercised by members
of the profession practicing under similar conditions in the geographic vicinity and at the time the services are performed. No
warranty or guarantee, express or implied, is made or intended by this agreement.
8. Consultant agrees to maintain workers' compensation, comprehensive general and automobile liability and professional liability
insurance with minimum limits of $1,000,000.00. If requested, Consultant will provide a certificate of insurance evidencing such
coverages. Any fees paid by Consultant to name Client as an additional insured or increase basic coverage amounts will be
billed to Client.
9. The Client agrees that in accordance with generally accepted construction practices, the construction contractor will be required
to assume sole and complete responsibility for job site conditions during the course of construction of the project, including
safety of all persons and property, and the Client agrees to defend, indemnify and hold Consultant harmless from all liability,
real or alleged, in connection with the performance of work on this project, excepting liability arising from the sole negligence of
the Consultant.
10. Consultant shall sign certifications only if Consultant approves the form of such certification prior to the commencement of
service, and provided such certification is limited to a statement of professional opinion and does not constitute a warranty or
guarantee, express or implied.
11. Client agrees any reliance upon any reports, plans, drawings, or other documents issued by Consultant shall only be for the
purpose referenced in Consultant's Proposal and scope of work.
12. Client agrees to limit Consultant's liability due to professional negligence and to any liability arising out of or relating to this
agreement to fifty thousand dollars ($50,000) or the amount of Consultant's fee, whichever is lesser. This limit applies to all
services on this project, whether provided under this or subsequent agreements.
13. Consultant is not responsible for the completion or quality of work which is dependent upon or performed by the Client or third
parties not under the direct control of Consultant.
14. The rates charged for Services are based on the current Consultant's Fee Schedule which is modified periodically.
15. Consultant's construction observation services, if any, shall be limited to observation of construction operations to provide
Client with an understanding of the general nature, progress and quality of work based upon applicable standards of practice.
Unless othelWise agreed in writing, or unless consistent with the standard of care, Consultant shall not be responsible for
continuous or exhaustive inspection of the work. In no event shall Consultant be responsible for the means and methods of
construction or for the safety procedures employed by the contractor.
16. Services provided under this agreement, including all reports, information or recommendations prepared or issued by
Consultant, are for the exclusive use of the Client for the projeCt specified in the Proposal. No other use is authorized under
this agreement. Client will not distribute or convey Consultant's reports or recommendations to any other person or
organization other than those designated in Section 306 of the U.B.C., without Consultant's written authorization, and Client
releases Consultant from liability and agrees to defend indemnify and hold harmless Consultant from any and all liability for
damages arising, in whole or part, from such unauthorized distribution. Consultant's reports, fieid data, test resuits and other
similar documents are instruments of professional service, not products.
17. If agreement is terminated before the completion of all services, unless Consultant is responsible for such early termination,
Client agrees to release Consultant from all liability for work performed.
18. All fees and other charges will be billed monthly and shall be due at the time of billing unless othelWise specified in this
agreement. Client agrees that the periodic billings from Consultant to Client are correct, conclusive, and binding upon Client,
unless Client, within fourteen (14) days from the date of receipt of such billing, notifies Consultant in writing of alleged
inaccuracies, discrepancies or errors in the billing.
19. If the Client fails to pay Consultant within thirty (30) days after invoices are rendered, Client agrees Consuitant shall have the
right to consider such default in payment a material breach of this entire agreement, and upon written notice, the duties,
obligations, and responsibilities of Consultant under this agreement are terminated. Client agrees to pay a late payment charge
which will be computed at the periodic rate specified on the attached fee scheduie, and will be applied to any unpaid balance
commencing thirty (30) days after the date of the original billing. In the event of termination, Consultant reserves the right and
shall have the right to notify governmental agencies or other regulatory bodies of the termination of Its services.
20. If Consultant is required to provide services such as depositions, expert witness testimony, etc., related to this project, Client
agrees to pay Consultant at hourly rates in accordance with Consultant's fee schedule effective when services are rendered.
21. If litigation is initiated to enforce thi!l agreement, the prevailing party shall be entitled to reasonabie costs and attorney's fees.
ITEM NO.8
Approvals
City Attorney
Director of Finance
City Manager
~
11/2
tf
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of public Works/City Engineer
DATE:
April 25, 2006
SUBJECT:
Award the Construction Contract for Route 79 South Medians between 1-15 and
Butterfield Stage Road, Project No. PW02-14
PREPARED BY:
Amer Attar, Principal Engineer
Scott Harvey, Associate Engineer
RECOMMENDATION:
That the City Council;
1. Award a construction contract for Route 79 South Medians between 1-15 and
Butterfield Stage Road, Project PW02-14, including the Base Bid and Additive Bid
#2, to Beador Construction Company, Inc. in the amount of $4,655,000 and
authorize the Mayor to execute the contract;
2. Authorize the City Managerto approve change orders nol!o exceed the contingency
amount of $465,500, which is equal to 10% of the contract amount;
3. Authorize an appropriation of $530,000 from Crowne Hill Community Facilities
District (CFD) - Caltrans Improvement Fund;
4. Authorize an appropriation in the amount of $1,728,279 from General Fund Capital
Reserves to fully fund this project.
BACKGROUND: The Route 79 South Median Project is identified in the City's Capital
Improvement Program for FY 2006-201 O. This project will construct raised landscaped medians on
Route 79 South between 1-15 and Butterfield Stage Road. The project will also include adding
double left-turns to existing traffic signals and new underground storm drain improvements.
The project was advertised for construction bids with a base bid and three additive bids. The base
bid covered all median, irrigation and landscape improvements from 1-15 to Margarita Road.
Additive bid #1 includes raised median only from Margarita Road to Butterfield Stage Road,
(excluding landscaping and irrigation). Additive bid #2 includes full improvements from Margarita
Road to Butterfield Stage Road. Additive #3 is a GPS/GIS irrigation data collection system.
The total Engineer's estimate for this project was $4,700,000.00. The specifications allow one
hundred and forty (140) working days for the completion of this project.
Five (5) bids were received and publicly opened on April 13, 2006. The results were as follows:
BIDDER BASE BID TOTAL BID WITH
ADDITIVE BID #2
1. Beador Construction Co. $3,214,300.00 $4,655,000.00
2. Los Angeles Engineering, Inc. $3,401,785.00 $4,808,315.50
3. Sully-Miller Contracting, Co. $3,463,100.05 $5,065,000.00
4. Environmental Construction, Inc. $3,552,003.08 $5,463,875.25
5. Riverside Construction Co., Inc. $4,631,690.00 $6,539,475.00
Staff recommends that the Base Bid and Additive Bid #2 be awarded in the amount of
$4,655,000.00. This will allow all the median work including landscaping and irrigation from 1-15 to
Butterfield Stage Road to be constructed. $140,000.00 is also required to cover the costs for
construction engineering, inspection and geotechnical engineering and $136,845.00 in project
administration costs. This brings the total amount required for the entire project to $5,397,345.00.
The current budget balance is $3,139,066.14. To fully fund this project $2,258,278.86, is required
from Capital Reserves.
Staff has reviewed the bid proposals and found Beador Construction Company of Corona, California
to be the lowest responsible bidder. Beador Construction Company has extensive experience with
roadway projects and has successfully completed similar projects for other public agencies.
FISCAL IMPACT: The Route 79 South median project is included in the City's Capital
Improvement Program funded with Assessment District 159 and Street Development Improvement
Fees. Additional funds in the amount of $2,258,279 are required from the General Fund Capital
Reserves and the Crowne Hill CFD to fund the entire project. This brings the total construction
costs to $5,397,345, which includes construction, project administration, and construction
engineering costs in addition to a 10% contingency amount of $465,500.
ATTACHMENTS:
1. Project Description
2. Location Map
3. Contract
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW02-14
79 SOUTH MEDIAN IMPROVEMENTS
THIS CONTRACT, made and entered into the 25th day of April, 2006, by and between the City of
Temecula, a municipal corporation, hereinafter referred to as "CITY", and Beador Construction
Company, Inc. hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
1, CONTRACT DOCUMENTS, The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW02-
14, 79 SOUTH MEDIAN IMPROVEMENTS, Insurance Forms, this Contract, and all
modifications and amendments thereto, the State of California Standard Plans and
Specifications for Construction of Local Streets and Roads, (latest edition), issued by the
California Department of Transportation, where specifically referenced in the Plans,
Special Provisions, and Technical Specifications, and the latest version of the Standard
Specifications for Public Works Construction, including all supplements as written and
promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as
amended by the General Specifications, Special Provisions, and Technical Specifications
for PROJECT NO. PW02-14, 79 SOUTH MEDIAN IMPROVEMENTS. Copies of these
Standard Specifications are available from the publisher:
BNi Building News
Division of BNi Publications, Inc.
1612 South Clementine St.
Anaheim, California 92802
(714) 517-0970
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Contract except as amended by the General
Specifications, Special Provisions, and Technical Specifications for PROJECT NO.
PW02-14, 79 SOUTH MEDIAN IMPROVEMENTS.
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over, and be used in
lieu of, such conflicting portions,
Where the Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that the item is to be furnished and installed completed
and in place and that only the best general practice is to be used. Unless otherwise
specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and
incidentals, and do all the work involved in executing the Contract.
CONTRACT
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R:ICIPIPROJECTSIPW02IPW02.14 SR 79 S MedianslAgreementslConstruction Contract.do
The Contract Documents are complementary, and what is called for by anyone shall be as
binding as if called for by all. Any conflict between this Contract and any other Contract
Document shall be resolved in favor of this Contract.
2, SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed,
shall provide and furnish all the labor, materials, necessary tools, expendable equipment,
and all utility and transportation services required for the following:
PROJECT NO. PW02-14, 79 SOUTH MEDIAN IMPROVEMENTS
All of said work to be performed and materials to be furnished shall be in strict accordance
with the Drawings and Specifications and the provisions of the Contract Documents
hereinabove enumerated and adopted by CITY.
3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed under the direction and supervision, and subject to
the approval of CITY or its authorized representatives,
4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR
agrees to accept, in full payment for, the work agreed to bed one, the sum of: FOUR
MILLION SIX HUNDRED FIFTY FIVE THOUSAND DOLLARS and NO CENTS
($4,655,000.00), the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed ONE HUNDRED
FORTY (140) working days, commencing with delivery of a Notice to Proceed by CITY,
except for that portion of work from 1-15 Freeway to 200' east of Pechanga Parkway,
which shall be completed by July 31, 2006. Construction shall not commence until
bonds and insurance are approved by CITY.
5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that
the City Manager is hereby authorized by the City Council to make, by written order,
changes or additions to the work in an amount not to exceed the contingency as
established by the City Council.
6. PAYMENTS
A. LUMP SUM BID SCHEDULE:
Before submittal of the first payment request, the CONTRACTOR shall submit to
the City Engineer a schedule of values allocated to the various portions of the
work, prepared in such form and supported by such data to substantiate its
accuracy as the City Engineer may require. This schedule, as approved by the
City Engineer, shall be used as the basis for reviewing the CONTRACTOR's
payment requests.
B. UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104.50 of the Public Contract Ccide, within thirty (30) days
after submission of a payment request to the CITY, the CONTRACTOR shall be
paid a sum equal to ninety percent (90%) of the value of the work completed
according to the bid schedule. Payment request forms shall be submitted on or
CONTRACT
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about the thirtieth (30th) day of each successive month as the work progresses.
The final payment, if unencumbered, or any part thereof unencumbered, shall be
made sixty (60) days after acceptance of final payment and the CONTRACTOR
filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms
provided by the CITY,
C. Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work for
which payment is demanded has been performed in accordance with the terms of
the Contract, and that the amount stated in the certificate is due under the terms of
the Contract. Partial payments on the Contract price shall not be considered as an
acceptance of any part of the work.
D, Interest shall be paid on all undisputed payment requests not paid within thirty (30)
days pursuant to Public Contracts Code Section 20104.50. Public Contract Code
Section 7107 is hereby incorporated by reference.
E, In accordance with Section 9-3,2 of the Standard Specifications for Public Works
Construction. and Section 9203 of the Public Contract Code, a reduction in the
retention may be requested by the Contractor for review and approval by the
Engineer if the progress of the construction has been satisfactory, and the project
is more than 50% complete, The Council hereby delegates its authority to reduce
the retention to the Engineer.
7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government
Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one
thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond
the time allowed pursuant to Paragraph 4 of this Contract, this also includes all work
between 1-15 Freeway to 200' east of Pechanga Parkway, which is required to be
completed by July 31, 2006. Such sum shall be deducted from any payments due to or
to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time
and will not be assessed liquidated damages for unforeseeable delays beyond the control
of, and without the fault or negligence of, the CONTRACTOR including delays caused by
CITY, Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR
shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the
delay, CONTRACTOR shall provide written documentation sufficient to support its delay
claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall
constitute CONTRACTOR'S w<iliver, discharge, and release of such delay claims against
CITY,
8, WAIVER OF CLAIMS, On or before making each request for payment under Paragraph 6
above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to
work related to the payment. Unless the CONTRACTOR has disputed the amount of the
payment, the acceptance by CONTRACTOR of each payment shall constitute a release of
all claims against the CITY related to the payment. CONTRACTOR shall be required to
execute an affidavit, release, and indemnity agreement with each claim for payment.
CONTRACT C-3
R:ICIPIPROJECTSIPW02IPW02-14 SR 79 S MedianslAgreementslConstruction Contract.do
9. PREVAILING WAGES, Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contract, from the Director
of the Department of Industrial Relations. These rates are available from the California
Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov.
CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the
provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by him or by any subcontractor under him, in violation
of the provisions of the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract. That portion of all
work between 1-15 Freeway to 200' east of Pechanga Parkway shall be completed by
July 31,2006.
11, INDEMNIFICATION, All work covered by this Contract done at the site of construction or
in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone.
CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers,
employees, and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR's employees included) and damage to property, arising directly or
indirectly out of the obligations herein undertaken or out of the operations conducted by
CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sole willful misconduct of the CITY.
The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any
and all costs incurred by the CITY as a result of Stop Notices filed against the project. The
CITY shall deduct such costs from Progress Payments or final payments due to the CITY.
12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or
representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing favorable
treatment with respect thereto.
13, CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee, or
any architect, engineer, or other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in its employ has been employed
by the CITY within one year of the date of the Notice Inviting Bids.
14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in an
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affidavit covering disputed claims 0 r items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
15, NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
17. INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such manner
as to not unduly delay the work. The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work,
18. DISCRIMINATION, CONTRACTOR represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national
origin, color, sex age, or handicap.
19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning
this Contract shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the City of Temecula. In the event of litigation between the
parties concerning this Contract, the prevailing party as determined by the Court, shall be
entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation,
20. PROHIBITED INTEREST, No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the
proceeds thereof during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no
board member, officer or employee of t he City of Temecula has any interest, whether
contractual, non-contractual, financial or othervvise, in this transaction, or in the business
of the contracting party other than t he City of T emecula, and that if any such interest
comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such interest
would not be considered a conflict of interest under Article 4 (commencing with Section
1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California.
21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor
is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-
336, as amended.
CONTRACT
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22, WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents,
and to the CITY addressed as follows:
Mailing Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
P,O, Box 9033
Temecula, CA 92589-9033
Street Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
43200 Business Park Drive
Temecula, CA 92590-3606
CONTRACT
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED:
CONTRACTOR
Beador Construction Company, Inc.
26320 Lester Circle
Corona, CA 92883
(951) 674-7352
David A. Beador, President
Print or type NAME
Print or type TITLE
(Signatures of two corporate officers required for Corporations)
DATED:
CITY OF TEMECULA
Ron Robert, Mayor
APPROVED AS TO FORM:
Peter M, Thorson, City Attorney
ATTEST:
Susan W. Jones, MMC, City Clerk
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EXHIBiT 'C" - STANDARD PLANS
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ITEM NO.9
Approvals
City Attorney
Director of Finance
City Manager
~
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9g
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Jim O'Grady, Assistant City Manager
DATE:
April 25, 2006
SUBJECT:
Approve Economic Development Event Sponsorship Requests
PREPARED BY:
Gloria Wolnick, Marketing Coordinator
RECOMMENDATION:
That the City Council;
1. Approve the Event Sponsorship Agreement in the amount of $10,000 cash and city
support costs in the amount up to $6,100 forthe Temecula Valley International Jazz Festival;
2. Approve the Event Sponsorship Agreement in the amount of $35,000 for the
Temecula Valley Balloon & Wine Festival. In addition, the Festival requests thatthe City will
provide temporary logistical support of traffic control signs and devices to assist with public
safety during the Festival estimated at $1 ,400;
3. Approve the Event Sponsorship Agreement in the amount of $60,000 for the 2006
Temecula Valley International Film & Music Festival;
4. Approve an appropriation of an additional $30,000 to the original budget allocation of
$30,000 from the Unreserved General Fund bringing total sponsorship for the 2006
Temecula Valley Film & Music Festival event to $60,000;
5. Authorize the Mayor to execute the above-mentioned agreements.
BACKGROUND: Staff has received sponsorship requests for the Temecula Valley
International Jazz Festival, the Temecula Valley Balloon & Wine Festival and the Temecula Valley
International Film & Music Festival. The City of Temecula has previously sponsored these events.
The City of Temecula hosts a wide array of special events year-round all adding to its rich qualityof
life. Residents and visitors look forward to attending these popular events each year and the events
help make Temecula the unique community that it is. The events increase tourism revenue for the
City's restaurants, hotels, shopping centers and wineries.
Due to the fact that these special events promote tourism in Temecula, the funding would come
from the Economic Development Department budget within the City's General Fund. In addition,
City support services would come from the General Fund's budget. There will be no commissions,
consultant fees and/or salaries paid to any party from the City of Temecula's sponsorship.
TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL
Staff has received a request from the Musicians Workshop to sponsor the 2006 Temecula Valley
International Jazz Festival in the amount of $10,000 cash plus city support costs. Staff estimates
that City support costs for police, fire, community services and other staff support will be
approximately $6,1 00. The event organizer will pay for all rental costs forthe Temecula Community
Theater.
The 3'd annual International Jazz Festival will be held July 7 - 9, 2006. This event will provide a
combination of free to the public and ticketed concert events featuring internationally acclaimed
performers at different venues at several locations throughout Old Town Temecula, as well as
music and rhythm workshops and clinics with the performers. A Main Street Art Faire is also planned
for the Festival. Estimated attendance for the weekend event is expected to reach approximately
10,000 people.
The Musicians Workshop and the Temecula Redevelopment Agency will coordinate some of the
entertainment and promotion for the Jazz Festival and Old Town Hot Summer Nights programs.
Jazz concerts will kick-off the Hot Summer Nights series on Friday and Saturday evenings.
Saturday events will require the closure of Main Street and 3'd Street. The street closures will be
brought back to Council for separate action prior to the event.
The City of Temecula sponsorship will be used exclusively to produce the "free to the public events"
and pay for the entertainment at those venues. Festival proceeds will benefit the Musicians
Workshop and the Temecula Valley Cultural Arts & Music Center Building Fund.
2006 MarketinQ and Promotion
The 2006 marketing and promotion program will consist of newspaper, magazine, radio, cable,
flyers, posters, festival guide and Internet. This yearwill include cross-promotional advertising with
the City's Hot Summer Nights program.
2005 Event Recap
The 2005 International Jazz Festival was held July 14 -17. Attendance for the weekend event was
estimated between 7,000 - 8,000 guests. Twenty bands performed during the Festival and over
100 musicians came to participate from around the world. Some of the International performers
included: Ernie Andrews, Richie Cole, Dick Berk, Holly Hofmann, Jeff Hamilton, Mike Wofford,
Christoph Luty, Paula West, Scott Martin and Jennifer Scott.
Entertainment at The Promenade in Temecula included the Blues Revue Band, Musicians
Workshop Advanced Jazz Band, Holly Hoffman Quartet, Renee Lee, Richie Cole, the Alto Madness
Orchestra and Paula West. On Saturday, an Arts & Crafts Faire and the Chuck Niles Music Award
Competition was held at the Temecula Duck Pond. In addition, entertainers including Common
Sense, Piotr Rodowicz and the Mingus Mingus Band, and Scott Martin and the Latin Soul band
performed.
On Sunday, Mountain View Community Church and Bandido de Amor performed at The
Promenade. Piotr Rodowicz Trio and Judy Chamberlain Trio performed at Baily's Restaurant. The
festival concluded with a wrap-up party held at the Eagles Nest at Pechanga Resort and Casino,
featuring The Jon Laskin Band.
The International Jazz Festival media exposure reached over 1.5 million people via radio,
newspaper, magazines and cable television. Additional coverage included flyers, posters and
20,000 official festival guides which were inserted in the Californian newspaper. The Festival had
television news coverage in San Diego and Riverside Counties on KUSI Channel 9 and CMEX
workshops.
Event OrQanizers
The Temecula Valley International Jazz Festival organizers are The Musicians Workshop, a
California Non-Profit 501 (c)(3) public benefit corporation, in collaboration with The Arts Council of
Temecula Valley.
TEMECULA VALLEY BALLOON & WINE FESTIVAL
Staff has received a request from The Temecula Valley Balloon & Wine Festival Association to
provide $35,000 for the 2006 Temecula Valley Balloon & Wine Festival. In addition, the Festival is
requesting the City to provide temporary logistical support of traffic control signs and devices to
assist with public safety during the event. The Festival will be celebrating its 23rd-year anniversary at
Lake Skinner and will be held June 2 - 4, 2006.
The 2005 Festival drew approximately 38,000 spectators for the three-day event. Headliner
entertainment at the 2005 Festival included Eddie Money, Starship, The Calling, John Waite and
Lou Gramm, lead singer of Foreigner.
The 2005 media outreach included newsletters, custom book marks, small jigsaw puzzles, flyers,
posters, print, radio, television, Internet, and cable.
Advertising was purchased in newspapers, USA Today, on San Diego television, and on Los
Angeles, Inland Empire, Orange and San Diego County radio stations. Newspaper advertising was
sponsored by The Press-Enterprise, Californian and North County Times. A USA Today
advertisement was purchased in May and was part of an insert commemorating the 50'h Anniversary
of Disneyland. Broadcast media selling sponsorships included Adelphia (cable television in the
Inland Empire), K-Frog, and KABC 790 radio.
The Festival's media preview and private invitation yielded three television news segments which
included KCAL-Los Angeles, CBS-Los Angeles, and La Nuestra. In addition, there was a live
broadcast with KTLA-WB's Gayle Anderson, flying in a hot air balloon over the Festival. Additional
coverage included: KABC Los Angeles, KGTV San Diego, Today Show/NBC, and KNSD - NBC
San Diego.
The Festival received more coverage in wine publications, magazines, and daily metro newspapers
than previous years. They had over 7 million print impressions.
The 2006 Temecula Valley Balloon & Wine Festival event will maintain the same format as the 2005
Festival. On June 20d the Festival will kick-off with headline entertainment and a balloon glow.
Saturday and Sunday offers a "Festival within a Festival," with top-name concerts, wine tasting in the
Wine Gardens, Kids Faire, Arts & Crafts and Commercial exhibits and the food court.
The 2006 marketing/advertising campaign will include advertising in newspapers. Commercials and
promotions will be lined up with radio stations from Riverside, Orange County, Los Angeles to San
Diego Counties: local cable television advertisements and collateral materials. An aggressive
publicity campaign will target major television network news, network morning and feature news
shows, West Coast magazines and Southern California newspapers.
TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL
Staff has received a request to sponsor the Temecula Valley International Film & Music Festival
(TVIFF) in the amount of $60,000. On April 12, 2006, the Economic Development Subcommittee,
consisting of Councilmembers Ron Roberts and Chuck Washington, recommended that the City
Council approve an additional $30,000 to the original budget allocation of $30,000 bringing total
sponsorship for the 2006 event to $60,000.
This year the event will be held September 13 -17,2006, at the Movie Experience 1 O-plex atTower
Plaza in Temecula. The Festival's Awards Gala Night is planned to return to Pechanga Resort &
Casino. The MusicFest component may be held at The Promenade Mall. The Festival will be
presented once again by Cinema Entertainment Alliance. Selected films will be limited to 100 with
the primary focus on quality produced and directed films by women, area filmmakers and on
comedy genre films.
The 2006 marketing strategy will include a working partnership with the Temecula Valley Convention
& Visitors Bureau and the Temecula Valley Woman's Club to market the festival to help increase
festival awareness and attendance. A cross-promotions partnership with KBH Entertainment and
the MusicFest component will allow one music showcase per month to be produced solely for TVIFF
which will be covered by music trade magazines. The TVIFF will receive marketing support from
Paramount Studios. In addition, TVIFF will contact local group sales directors to increase festival
awareness. TVIFF will continue its alliances with the American Film Institute, Rome Independent
Film Festival, Australia Film Television and Radio School, Film Independent, Chapman University,
San Diego State University and the USC School of Cinema and Television.
SamplinQ of 2005 Festival Publicitv and HiQhliQhts
The 2005 Festival attendance was over 10,000. Award honorees included: Mary Steenburgen,
Leonard Martin, Steve Dorff, John Badham, Rick Schroder, Natasha Hentsridge, Lucas Foster and
Jean Picker Firstenberg.
Media coverage and media hits from print and the Internet ranged from local, regional, national and
international coverage. A sampling includes: Clear Channel, Empire Relations 'Market Watch',
MSNBC internet site, and Wireless Flash News. Film and music industry trade publications included
Hollywood Reporter.com, Billboard.com, Music Connection, and Backstage West.
The 2005 Festival publicity included flyers, posters,lnternet, press releases, radio, print media and
cable television. A sampling of local print media included: North County Times, The Press
Enterprise, The Californian, Valley Business Journal, Neighbors Magazine, and Entertainment
Roundup. Radio coverage included live remotes, interviews, and mentions by: KA TY, 101.3 FM,
Smooth Jazz 1490, Q103.3, and 94.5 FM.
The 2005 Festival received 800 film submissions, 189 of which were selected and screened. The
Music Competition selected 12 artists and bands from a field of over 275. Celebrity honorees,
presenters and guests were very impressive. Over 300 filmmakers, musicians, producers, directors,
writers, judges, casts and crews from as far as China and Russia and as close as our neighbor
communities of Corona, Hemet and San Diego were on hand to participate in the festivities.
FISCAL IMPACT: The city-support costs for each event will be included in the FY 2006-07
Operating Budget of the various support departments for the recommended sponsorship amounts.
Adequate funds for the Temecula Valley International Jazz Festival have been included in the FY
2005-06 Operating Budget (Economic Development line item, account #001-111-999-5266) for the
recommended sponsorship amount of $10,000 cash. City support costs up to $6,100 for city
support costs have been included in the FY2005-06 Operating Budget of the various support
departments.
Adequate funds for the Temecula Valley Balloon & Wine Festival have been included in the FY
2005-06 Operating Budget (Economic Development line item, account #001-111-999-5266) for the
recommended sponsorship amount of $35,000. In addition, the logistical support costs are
estimated at $1 ,400 and funds are available in the Public Works Budget.
Adequate funds for the Temecula Valley International Film & Music Festival have been included in
the FY 2005-06 Operating Budget (Economic Development line item, account #001-111-999-5266)
for the recommended sponsorship amount of $30,000. An additional appropriation of $30,000 from
the Unreserved General Fund is necessary to fund this agreement.
The Economic Development Subcommittee of the City Council (Mayor Roberts and Mayor Pro Tem
Washington) has recommended approval of these amounts.
ATTACHMENTS:
I. Temecula Vallev International Jazz Festival
Attachment A - Sponsorship Benefits
Attachment B - Estimated City Support Services and Costs
Attachment C- 2006 Event & Media Promotions
Attachment D -2006 Budget & Financials
Attachment E - 2005 Temecula Valley International Jazz Festival Recap
Attachment F - Sponsorship Agreement
II. Temecula Vallev Balloon & Wine Festival
Attachment A - Sponsorship Benefits
Attachment B - 2006 Event & Media Promotions
Attachment C - 2006 Budget and Financial Statements
Attachment D - 2005 Temecula Valley Balloon & Wine Festival Recap
Attachment E - Sponsorship Agreement
III. Temecula Vallev International Film & Music Festival
Attachment A - Sponsorship Benefits
Attachment B - 2006 Event & Media Promotions
Attachment C - 2006 Budget
Attachment D - 2005 Temecula Valley Int'I Film & Music Festival Recap
Attachment E - Sponsorship Agreement
Temecula Valley International Jazz Festival
Attachments
Benefits
As a Presenting Sponsor of the Temecula Valley International Jazz Festival, The City of
Temecula will receive the following comprehensive package of benefits:
Logo and Exclusivity
. Presenting Sponsor designation ofthe "Temecula Valley International Jazz Festival"
. Festival Logo and Presenting Sponsor designation may be used in sponsor's marketing
and PR
. Category and product exclusivity if desired.
On-Site
. Two (2) 10' x 10' booths in the prominent locations in Old Town Temecula to include in
each booth: (Value of $2,000)
. One (I) 10' x 10' canopy
. One (I) 8' table
. Two (2) chairs
. Signage at all Entertainment Stages - must be provided
. Two (2) 2' x 8' Banners to be displayed at the event
. The City of Temecula name displayed at Information Booth
. Public address announcements read on stage throughout event
. NEW THIS YEAR - City ofTemecula Logo on souvenir items including Festival T-shirts
and wine glasses
Advertising
. City of Temecula Name and Logo included in all Festival advertising
. City of Temecula Name and Logo incorporated into all media releases
. City ofTemecula Logo on 25,000 "Official Festival Guide" Programs - distributed
through The Californian Newspaper
. City of Temecula Logo on 500 event posters displayed throughout the community
. City ofTemecula Logo on 250 event double sided "Window Stickers" displayed
throughout the community.
Website
. City ofTemecula Logo will be prominently displayed on the Festival website with
hyperlink to http://www.cityoftemecula.org/
Program
. City of Temecula Logo prominently displayed on event program
. Full page advertisement in event program
Tickets/Passes
. 30 Tickets - Pre-Festival "TITLE SPONSOR" Party (Value of$I,500)
. 100 Tickets - Opening Night "Kick-Off' Party (Value of $6,500)
. 30 VIP seating for both Saturday & Sunday (Value of $3,000)
. 30 VIP Car Passes for preferred parking in Old Town Temecula
On Friday night, July 8th, we will be hosting an opening night reception at the Old Town
Temecula Theater. This "Kick-Off' Party will feature the performances by the featured
performers of the event. As a Presenting Sponsor, Paradise Chevrolet / Cadillac will be provided
100 tickets to this exclusive reception, which can be given to your employees or most valued
clients. In addition, those in attendance will be able to "meet & greet" with legendary jazz
performers and network with other sponsors at the festival.
. 2
ATTACHMENT I. B
TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL
ESTIMATED CITY SUPPORT SERVICES AND COSTS
Based on the input from City departments we received estimated cost projections for the 2006
Temecula Valley International Jazz Festival. The following expenses can be anticipated for this
event:
Police: $1,600
Fire: $ 800
Public Works: $ 450
Community Services: $2,750
Code Enforcement: $ 480
TOTAL: $6,080
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Congressional Lifetime
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CHUCK NILES
JAZZ MUSIC AWARD
COMPETITION
SPONSORED IN PART BY
KJAZZ 88.1 & 89.1
- Click here to enter the
Chuck Niles Jazz Award
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Main Street
Art Faire
11am - 9:30Dm
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ADDlication
Old Town Coffee House
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Media support
As a Non-Profit corporation, we generate over $70,000 in media support from over a
dozen different Media sponsors both in print and on air. We have created a strategic
media plan that will generate interest in and awareness of the Temecula Valley
International Jazz Festival with Riverside County as Presenting Sponsor, while
specifically targeting our key markets. Because artists are internationally renowned, the
Jazz Festival will attract national and international attention.
Our media campaign has been developed through in-kind trades with all of our media
sponsors. The negotiated media value of this campaign is approximately $70,000.
Television
In the past, the Temecula Valley International Jazz Festival has secured the television
support ofKUSI News, a San Diego station. In addition, we have had agreements with
Comcast, our local cable provider, to present our public service announcements. We
expect more in 2006.
Radio
KKJZ 88.1 FM, KMET 1490 AM, KMYT 94.5 FM, and KATY 101.3 FM are past media
sponsors that have providing radio spots and airtime. We have been given over IS hours
of combined airtime on these stations and announcements will run six to ten times daily
between the hours of7:00 am and 9:00 pm.
. K-Jazz KKJZ 88.1 FM serves Los Angeles County, Orange County and the Inland.
Empire with one ofthe highest rated jazz stations in the U.S.
· Smooth Jazz KMET 1490 AM is the "Inland Empire's Jazz Relaxation Station."
In addition to its focus onjazz music, KMET 1490 AM also has a dedicated
sports audience, including the fans of their new show, One Hour Golf.
. KMYT 94.5 FM is a classic pop rock station that has a strong listener base in San
Diego.
. KA TY 10 1.3 FM is an adult contemporary station with upscale listeners between
the ages of 25 - 54 who often place bit ticket items high on their shopping list.
Newspapers and magazines
We have secured numerous full page or part ad commitments from the following
publications: The Californian, Neighbors Newspaper, Country Review Magazine, The
Valley Business Journal, Valley Living Magazine, Temecula/Murrieta Valley News,
Under The Sun Magazine, Los Angeles Times, LA Jazz Scene, Inland Empire Magazine,
Press Enterprise and Under the Sun Magazine. Full page color ads will be published in
March issues of all the magazines and monthly publications. These ads will run until the
festival date. Daily and weekly publications will run multiple ads throughout their
papers, with a light emphasis in the upcoming months, but a heavier campaign as the
festival approaches.
Budget for International Jazz Festival 2006
Summa", of Profit/Loss
Actuai
otal Revenue $57,550.00
otal Exoenses $49,200,00
Revenue - Exoenses** $8,350.00
Expenses:
*"""Slte Estimated
Room/Hall/Tent rental $2.500.00
Insurance / Permits I Fees $300,00
Equipment $300,00
T-Shirts $1.500,00
$4,600.00
Refreshments
Food $500,00
Refreshments $250.00
linens $200.00
Ice $150.00
$1,100.00
Publicity
Graphics $500,00
Photocopying/Printing- $500.00
Postage $250.00
$1,250.00
Light/stage/Sound
Sound $0.00
Staging $0,00
lighting $0.00
Backline $0.00
Total Package $7.500.00
$7,500.00
Advertising
Californian-inkind match $2,500.00
Print Media $500.00
Radio Media In~Kind $ J .500.00
National Television $0.00
$4.500,00
Thur. Presenting Night
Baily's Dinner $1,500.00
Frl Night Kick-off
Catering plus In-Kind $0.00
other $1.250,00
$2,750,00
Entertainment
Pre Festival Events
2 days of "free concerts" $27.500.00
Transporfation $0.00
$27.500,00
Total Expenses $49,200,00
Revenue:
Admissions
Actual Actual
200 Mose Allison $25,00 $5,000,00
200 Ernestine Andersor $25.00 $5.000.00
150 Gospel Day Pass $15.00 $2.250.00
$12,250.00
City & Corporate Sponsors
I Gity@ $10.000.00 $10.000,00
0 Title@ $0,00 $0,00
1 Presenting $10.000,00 $10.000.00
1 Presenting $10,000,00 $10,000,00
$30,000,00
9ther Sponsors
0 Major Sponsor @ $5,000,00 $0,00
0 Stage Sponsor@ $3,500,00 $3,500,00
1 VIP Sponsor $2,500.00 $2,500.00
3 Display Sponsor $1,000.00 $3.000.00
$9,000,00
Other Income
0 T-shirts/ CD's ete $0.00 $300.00
0 Renfallncome $0.00 $1,500.00
1 Coffee House $1,500,00 $1,500.00
1 RDA funding $3,000,00 $3,000.00
$6,300.00
Total Income $57,550.00
*. Procedes to support Musicians Workshop and Temecula Valley Culfural Arts and Music Center Building Fund
2:59 PM
03122/05
_~._Accrual Basis
,
,
I
MUSICIANS WORKSHOP
Profit & Loss
January 1 through March 22, 2005
Jan 1 - Mar 22, 05
)
Ordinary Income/Expense
Income
Art Commissions
Bank Correction
CASH RETURN
Donation
Donation ~ Restricted
Memberships
NAMM
Parking Fees
Rental Income
Sales
Sponsorship
Ticket Sales
Tuition
Total Income
Expense
Accounting & Taxes
Audio
Bank Adjustment
CASH
Cleaning
Drum Circle Instructor
Dues and Subscriptions
Equipment Rental
Food
Graphics
Insurance
Liability Insurance
Insurance - Other
Total Insurance
Interest Expense
Loan Interest
Interest Expense - Other
Totallnteresl Expense
Labor
Licenses and Permits
Mangagement Expense
Miscellaneous
Moving & Storage
Office Supplies
Piano Tuning
Postage and Delivery
Printing and Reproduction
Refund Tuition
Rent
Repairs
Security
Sound Equipment Rental
Teacher Tuition Payment
Telephone
Use Permit
Utilities
Total Expense
332.00
44.00
300.00
320.00
1,000.00
2,549.00
355.00
511.00
3BB.00
330.00
2,633.00
7,53B.BB
6,111.00
22,411.BB
423.66
250,00
10.00
300.00
415,00
450,00
190.00
332.94
32B.45
400,00
71B.98
1,003.0B
1,722,06
Net Ordinary Income
116.67
233,34
350.01
BO.OO
0,00
1,500.00
lB.61
4BO,OO
249.72
100.00
231,00
1,B19.51
305.00
490.00
B2.11
175,00
1,500.00
5,667,07
702,32
100,00
347,30
19,019.76
3,392.12
Net Income
3,392,12
Page 1
l. )
1.
Temecula Valley International Jazz Festival
2005 Statistics
- Estimated 7000 to 8000 in Attendance from July14-17
- 20 Bands, Four days at 4 locations both free & ticketed events
- Over 100 Musicians came to participate from around the world
- Exposure to over 1.5 million people via radio, newspaper, magazines and cable TV
- Over a dozen Magazine and Newspaper Media coverage
- Hundreds of Ads on both FM and AM radio station advertisements (approx, $50,000
donated In-Kind Trade in Advertising)
- Television news coverage in San Diego and Riverside Counties
. KUSI Channel 9 and CMEX workshops
- Over 2000 related phone calls received
- Over 7000 unique web site hits from around the world
- Over 1500 hits on web site in July 2005
- 20,000 Official Festival Guides delivered by the Californian Newspaper
- The Promenade In Temecula was nominated with an Outstanding Performance Award
for regional malls in So.Cal.
Festival Proceeds and donations benefit the
Temecula Valley Cultural Arts and Music Center
,Operating under the umbrella of Musicians Workshop
.
)
"
TEMECULA V ALLEY INTERNATIONAL JAZZ FESTIVAL
SUMMARY OF THE EVENT 2005
The International stars included: Ernie Andrews, Richie Cole, Dick Berk, Holly Hofmann, Jeff Hamilton,
Mike Wofford, Christoph Luty, Paula West, Scott Martin, Ranee Lee, Richard Ring, Rene Worst, and
Jennifer Scott as well as Piotr Rodowicz and his drummer who flew in from Poland to perform.
The Temecula Valley International Jazz Festival kicked on Thursday July 14th with a VIP
Dinner at Baily's Front Street Bar and Grill, featuring some of Canada's Finest Jazz artists- the Jennifer
Scott Trio, The music was beautiful, delicious food and fine wine served from the Temecula valley
wineries, The presenting sponsors that attended, experienced a perfect night of fine dining and
entertainment.
On Friday July 15th another VIP, Sponsor and ticketed event was held at the beautiful estate of Dan and
Beverly Stephenson's, There were about 300 people in attendance at the sit down table, out-door
a1mosphere, The evening was warm and the air way filled with music, The event was catered by Delytes
Catering, serving light food, and the wine was provided by the Wine Growers of Temecula Valley, Each
table featured a hand-painted wine carafe that was painted by a local artist. at the end of the night each
carafe was auctioned off, A very unique fimdraiser that received great response. The night was said to have
a 10 star rating!!!
. Saturday July 16th, at The Promenade In Temecula the days events started with the Blues Revue Band from
the Musicians Workshop, then the Musicians Workshop Advanced Jazz Band wowed the crowd with their
awesome talent Following came the Holly Hoffinan Quartet featuring the great world famons drummer
Jeff Hamilton, The band was hot.but so was the day, and the 100% weather turned some people away.
At 5:00pm Canada finest Renee Lee and friends played to a fuller house. When evening came, the sun was
less intense, and the people arrived to see Richie Cole and the Alto Madness Orchestra. After the
performance, Richie Cole was presented with a US Congressional Certificate of Recognition for Lifetime
Achievement. The evening ended with Paula West a sensational vocalist from San Francisco, and the great
Ernie Andrews.
Also, on July 16th, at the Duck Pond, the grounds were transformed into an Arts & Crafts Faire, decorated
with booths of handmade items. This made the venue very festive and inviting. The music started at 1 :30
with the Chuck Niles Music Award Competition- Semi Finalist Performances and ran until 9pm.
At 6:30 Common' Sense, a popular San Diego Regee Band performed as the heat started to cool down.
Following was Piotr Rodowicz and the Mingus Mingus Band, all the way from Poland.
Ending the evening featured a high energy Latin band, Scott Martin and the Latin Soul band, During the
dayS event, several hindered people attended each perfonrumce, however, the heat and the distance from
the Main Stage prevented the large crowds expected.
On Sunday July 17th the day stlirted at 2:00pm with the Mountain View Community Church "Voices of
Praise" Gospel Chorus. Hundreds of people attended through out the day at The Promenade In Temecula.
.From 4to 8pm high energy, festive sounds of gypsy Flamingo music of Bandido de Amor. This band is a
favorite and also drew large crowds.
,
)
#
Also on Sunday starting at 4pm the Piotr Rodowicz Trio, from Poland perfonned at Baily's Front Street
Bar and Grill. Following with Judy Chamberlain Trio from 7 to JOpm,
The festival ended with a wrap up party "an evening of jazz" held in the Eagles Nest at Pechanga Resort
and Casino, featuring The Jon Laskin Band, where many of the International Stars, sat in the band through
out the evening.
All in all the Temecula Valley International Jazz Festival was a great success, we feel the attendance would
have been larger if there had not been a heat wave. The duck pond would have been more successful if
there was more parking available right near the duck pond. The jazz evenings at Baily's would have been
better received if there was no cover charge.
We received many compliments from the Jazz Festival Musicians applauding us on the event, saying we
are on the right track, musicians that have participated in Jazz Festivals around the world.
We are looking forward to the 2006 festival, and plan to make some major changes that will benefit the .
whole community, and make this event very successful,
Jane Laskin
. Jon Laskin
Musicians Workshop
SPONSORSHIP AGREEMENT BETWEEN
THE CITY OF TEMECULA
AND
THE MUSICIANS WORKSHOP
This Agreement, made this 25th day of April. 2006, by and between the CITY OF
TEMECULA, (hereinafter referred to as "City"), and MUSICIANS WORKSHOP, a
California nonprofit corporation,
A. MUSICIANS WORKSHOP will operate the third annual 'Temecula Valley
International Jazz Festival" on July 7 - 9, 2006, The Temecula Valley International Jazz
Festival is a special event held at various locations within Old Town Temecula, The
Festival will offer free concerts, an art faire, music and rhythm workshops and clinics
with the performers,
B. The City of Temecula desires to be a "Presenting Sponsor" of the 2006
Temecula Valley International Jazz Festival.
AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties as follows:
In exchange for the payment of ten thousand dollars ($10,000.00), and city support costs
in the amount up to $6,100, the City of Temecula shall be designated as a "Presenting
Sponsor" of the 2006 Temecula Valley International Jazz Festival. MUSICIANS
WORKSHOP shall pay for all rental costs for the Ternecula Community Theater.
A. In exchange for being a Presenting Sponsor, the City of Temecula will
receive the benefits as listed in Exhibit A.
B. A. The city sponsorship of ten thousand dollars ($10,000) will be used
to produce the "free to the public events" and pay for the entertainment at those venues
at the Temecula Valley International Jazz Festival.
C, The Temecula Valley International Jazz Festival proceeds will be
distributed as follows:
50% to Musicians Workshop
50% to The Temecula Valley Cultural Arts & Music Education Center
Building Fund
D, Within 60 days after conclusion of the Jazz Festival, MUSICIANS
WORKSHOP shall prepare and submit to the Assistant City Manager a written report
evaluating the Jazz Festival event, its attendance, media coverage, description of the
materials in which the City was listed as a Title Sponsor. In addition, a complete
financial statement to include a balance sheet and income statement of the Festival
must be included.
E. MUSICIANS WORKSHOP agrees that it will defend, indemnify and hold
the City and its elected officials, officer, agents, and employees free and harmless from
all claims for damage to persons or by reason of MUSICIANS WORKSHOP's acts or
omissions or those of MUSICIANS WORKSHOP's employees, officers, agents, or invites
in connection with the Temecula Valley International Jazz Festival to the maximum
extent allowed by law.
F. MUSICIANS WORKSHOP shall secure from a good and responsible
company or companies doing insurance business in the State of California, pay for and
maintain in full force and effect for the duration of this Agreement a policy of
comprehensive general liability and liquor liability in which the City is named insured or is
named as an additional insured with MUSICIANS WORKSHOP and shall furnish a
Certificate of Liability by the City. Notwithstanding any inconsistent statement in the
policy or any subsequent endorsement attached hereto, the protection offered by the
policy shall;
1, Include the City as the insured or named as an additional insured
covering all claims arising out of, or in connection with, the
Temecula Valley International Jazz Festival.
2. Include the City, its officers, employees and agents while acting
within the scope of their duties under this Agreement against all
claims arising out of, or in connection with Temecula Valley
International Jazz Festival.
3, Minimum Scope of Insurance. Coverage shall be at least as
broad as:
(A) Insurance Services Office Commercial General Liability
coverage provided on ISO-CGL Form No. CG 00 01 11 85
or 88.
4. Minimum Limits of Insurance, Consultant shall maintain limits no
less than:
(A) General Liability: One million dollars ($1,000,000)
per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate
limit shall be twice the required occurrence limit.
(B) Liquor Liability: One million dollars ($1,000,000)
combined single limit per occurrence for bodily injury,
personal injury and property damage.
5. The insurer shall agree to waive all rights of subrogation against
the City, its officer, officials, employees and volunteers for losses
arising from the Temecula Valley International Jazz Festival.
6, Bear an endorsement or shall have attached a rider whereby it is
provided that, in the event of expiration or proposed cancellation
of such policy for any reason whatsoever, the City shall be notified
by registered mail, postage prepaid, return receipt requested, not
less than thirty (30) days beforehand.
7, Any deductible or self-insured retention must be declared to and
approved by the City. At the option of the City, either the insurer shall
reduce or eliminate such deductible or self-insured retention as
respects the City, its officers, officials and employees or MUSICIANS
WORKSHOP shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense
expenses.
G, Should any litigation be commenced between the parties, hereto,
concerning the provisions of this Agreement, the prevailing party concerning the
provisions of this Agreement, the prevailing party in such litigation shall be entitled to
reasonable attorney's fees, in addition to any other relief to which it may be entitled,
IN WITNESS WHEREOF, the City has caused its corporate name and seal to be
hereunto subscribed and affixed by Chairperson and attest to by the City Clerk, both
thereunto duly authorized, and the Temecula Valley International Jazz Festival, has
hereunto subscribed this Contract day, month, and year hereinabove written.
DATED:
TEMECULA VALLEY INTERNATIONAL
JAZZ FESTIVAL
CITY OF TEMECULA
BY:
Jon Laskin
Founder and Executive Director
MUSICIANS WORKSHOP
28690 Mercedes Street
Temecula, CA 92590
Ronald H. Roberts
Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
APPROVED AS TO FORM:
Peter Thorson, City Attorney
EXHIBIT A
Benefits
As a Presenting Sponsor of the Temecula Valley International Jazz Festival, The City of
Temecula will receive the following comprehensive package of benefits:
Logo and Exclnsivity
· Presenting Sponsor designation of the "Temecula Valley International Jazz Festival"
· Festival Logo and Presenting Sponsor designation may be used in sponsor's marketing
and PR
. Category and product exclusivity if desired.
On-Site
. Two (2) 10' x 10' booths in the prominent locations in Old Town Temecula to include in
each booth: (Valne of $2,000)
. One (1) 10' x 10' canopy
. One (I) 8' table
. Two (2) chairs
. Signage at all Entertainment Stages - must be provided
. Two (2) 2' x 8' Banners to be displayed at the event
. The City ofTemecula name displayed at Information Booth
. Public address announcements read on stage throughout event
. NEW THIS YEAR - City of Temecula Logo on souvenir items including Festival T-shirts
and wine glasses
Advertising
. City ofTemecula Name and Logo included in all Festival advertising
. City of Temecula Name and Logo incorporated into all media releases
. City of Temecula Logo on 25,000 "Official Festival Guide" Programs - distributed
through The Californian Newspaper
. City ofTemecula Logo on 500 event posters displayed throughout the community
. City of Temecula Logo on 250 event double sided "Window Stickers" displayed
throughout the community.
Website
· City of Temecula Logo will be prominently displayed on the Festival website with
hyperlink to http://www,cityoftemecula.org/
Program
· City of Temecula Logo prominently displayed on event program
. Full page advertisement in event program
Tickets/Passes
. 30 Tickets - Pre-Festival "TITLE SPONSOR" Party (Value of $1,500)
. 100 Tickets - Opening Night "Kick-Off' Party (Value of $6,500)
. 30 VIP seating for both Saturday & Sunday (Value of $3,000)
. 30 VIP Car Passes for preferred parking in Old Town Temecula
On Friday night, July 8th, we will be hosting an opening night reception at the Old Town
Temecula Theater. This "Kick-Off' Party will feature the performances by the featured
performers of the event. As a Presenting Sponsor, Paradise Chevrolet / Cadillac will be provided
100 tickets to this exclusive reception, which can be given to your employees or most valued
clients. In addition, those in attendance will be able to "meet & greet" with legendary jazz
performers and network with other sponsors at the festival.
. 2
Temecula Valley Balloon & Wine Festival
Attachments
2006 Premier Sponsor $35,000
(Only one Premier Sponsorship available)
1. Identification as Premier Sponsor in all Festival materials
2. Exclusivity in Premier Sponsor's field
3. Full page, color ad in Festival program
4. Inclusion of logo in all Festival print advertising
5. Announcements in all Festival paid radio and newspaper
advertising
6. Sponsor representative interviewed on projected radio remote
. broadcast
7. Right to use Festival logo on Premier Sponsor's materials
(with Festival advance approval)
8. Representative introduced from stage and invited to speak
several times during Festival
9. Four signs or banners on-site at event (Sponsor to provide)
10. Separate display tent in high-traffic area
11. Access to VIP Hospitality Tent for twenty guests
12. Linking of Premier sponsor's web site to Festival site
13. Recognized in Festival newsletter
14. Recognized in at least ten Festival news releases to general
media
15. Sponsor's name in Festival brochure
16. Fifty adult Festival tickets
17. Twenty Five parking passes
18. Invitation to Sponsor Appreciation Dinner for twelve people
19. Thirty sets of Official Festival souvenir merchandise
\
I QUESTIONS
Application Page 3a
Please respond to the following questions:
Event
1. Provide information on your proposed event, goals, promotional program, budget,
expected attendance, funding recipients, and location of event. U event venues area
held at multiple locations, please list.
Prooosed Event:
The Temecula Valley Balloon & Wine Festival has sunrise hot air balloon launches,
evening balloon glows, two entertainment stages and a Kids Faire. The Festival also has
food, arts and crafts and commercial product vendors including local regional vendors.
Over 20 Temecula wineries participate offering wine tasting.
Goals:
)
The mission of the Temecula Valley Balloon and Wine Festival Association is to enhance
the charitable, cultural, educational and economic development of the region. That
mission is supported throughout the year by the Festival Board members and staff and
most prominently at the annual Festival.
It is important for the Festival's future to continually evolve by offering a high quality
and more diverse entertainment program while increasing the attendance and national
recognition of the event. To do this, we must provide a higher caliber of headline
entertainment, improve our staging and sound technology, and increase our paid
broadcast advertising budget. For 2006 we will be budgeting these increased expenses,
while focusing on increasing our sponsorship dollars by adding a paid sponsorship
salesperson.
Promotional Program:
Marketing for the 2006 Temecula Valley Balloon and Wine Festival will include
advertising in newspapers (media kits that include CDs of press releases and photos, hard
copies of press releases and contact sheets of photos.) Additionally marketing will
include commercials and promotions with radio stations from Riverside, Orange County,
Los Angeles to San Diego Counties; local cable television advertisements; collateral
materials (flyers and posters); and an aggressive publicity campaign targeted for
Riverside, Orange County, Los Angeles to San Diego Counties; major television network
news, network morning and feature news shows, West Coast magazines and Southern
California newspapers.
TO:
City of Temecula
FROM:
Temecula Valley Balloon & Wine Festival
DATE:
March 9, 2006
Traffic Safety Signs and Devices for Temporary Use
)
. 300 Traffic Cones
. 150 A Frame Barricades
. 6 Barricades with "Road Closed" signs
. Portable Yellow Flashing Caution units
. 12 Stop signs
. 4 hand-held stop/slow sign paddles
. 2 portable light towers
. Portable Red flashing caution units
. Signs: 4 No Left, 2 No Right, 2 Merge, 12 No Parking, 6
Road Closed
. Miscellaneous material: Caution tape, earplugs, gloves, etc.
. Assistance in locating a vendor/contractor with portable
traffic safety message boards
FINANCIAL STATEMENTS
Application Page 2
This Page Must Be Completed And Submitted
(Based on your organization's last fiscal year)
I
\ i
This form serves as a guideline of the financial information requested. If your organization
has financial statements (balance sheet & income statement) please attach. In addition,
please attach the organization's current budget for the proposed event.
Balance Sheet as of June 30, 2004
Audited: Y es ~ No
Assets
Liabilities & Fund Balance
Cash and Investments $ 367, 515
Current Payables $ 731, 871
Receivables (detail) 138.447
Inventory 7,402
Fixed Assets 3,079
Other Assets 10,089
Total Assets 526,532
Notes Payable
N/A
Fund Balance
338,086
Total Liabilities &
Fund Balance $~526. 532
\J
Event Income Statement for the Year Ended June 30, 2004
Income Expenses
Fundraising $ N/A Salaries $ 80.092
Grants $ N/A Operating Expenses $ 89,700
Cash Sponsorships $ 94,500 Advertising! $107,226
In-Kind Sponsorships $ 18,050 Promotions
City Funds $ 35,000 *deleted Entertainment $133,261
from cash
Souvenirs $ sponsorships $113,000
44,439 Rentals
Vendors $ 114,030 InsurancelPermit Fees$ 34,807
Other Sources $ 527,953 Other Expenses $ 189, 785
(Ticket/beverage
sales, entry fees,
parking fees, etc.)
Please note with an asterisk (*) any amounts that require additional explanation, and comment on
these items.
\\San3\city manager\Wolnickg\Applications\E.D. Funding Program - Special Events.doc
10:51 AM
03/23/05
Accrual Basis
, "
I: )
Temecula Valley Balloon & Wine Festival
Profit & Loss Budget Overview
July 2005 through June 2006
Jul '05 - Jun 06
f )
Ordinary Income/Expense
Income
4100. Sponsor Income
4150' Program sales
4200 . Admissions income
4220 . Outside ticket sales
4230 ' RV tlckeisales
4235 . Friday admissions
4240 . Saturday ticket sales
4250 . Sunday ticket sales
4260 . Vans Ticket Sales
4270 ' Longs Ticket Sales
4280 . Vendor Discount Ticket Sales
Total 4200 . Admissions income
4300 . Balloon Income
4320 . Corporate balloons
Total 4300 . Balloon Income
4400 . Beverage income
4415. BeerlWlne
4430 . Ice
Total 4400 . Beverage Income
4500 . Commercial court income
4510 ' Entry fees
Total 4500 . Commercial court income
4600 . Food court income
4610 . Entry fees
Total 4600 . Food court income
4650 . Parking income
4655 ' Kids Fare
4658 . Entry Fees
Total 4655 . Kids Fare
4700 . Souvenir income
4810 . RV Commission
4900 . Arts and crafts income
4910 . Entry fees
Total 4900 . Arts and crafts income
1 B,500,OO
1 B,500.00
. 906,160,00
1B1,OOO.00
1,260.00
10,000.00
33,000,00
29,BOO,OO
145,000.00
43,500.00
36,000.00
20,000,00
1,000.00
31B,300.00
1,700.00
1,700,00
200,000,00
2,000.00
202,000,00
63,000.00
63,000,00
35,000.00
35,000,00
32,000.00
1,500.00
1,500.00
50,000,00
1,900.00
Total Income
Expense
5000 . Operating expense
5010. Bank charges and fees
5012. Credit Card Charges/Fees
5015. Copy machine
~025 . Dues
5030 . Equipment repairs
5035. Insurance-liability
5045 . Lease 1 rent
5048 . Utilltes
5056 ' Mileage
5060 . Postage
5065' Printing
5070 . Seminars & travel
5072 . Travel Expenses
50BO . Supplies
50B2 . Taxes
5085 . Telephone / office expense
Total 5000 . Operating expense
250,00
3,400.00
2,700.00
2,500.00
350.00
27,000,00
20,400.00
2,400.00
700.00
5,000.00
2,000,00
5.000.00
3,500.00
5,000.00
1 B,OOO.OO
5,000,00
103,200.00
fQ)~~[Fu
Page 1
10:51 AM
03/23/05
/,~ccrual Basis
( )
Temecula Valley Balloon & Wine Festival
Profit & Loss Budget Overview
July 2005 through June 2006
Jul '05 - Jun 06
( )
5100 . Payroll expense
5110. Wages
5115 . Bonus & Commlsions
5125 . Employee benefit
5130' Workman's compensation
5135. Temporary Staffing
Total 5100. Payroll expense
5200 . Board expense
5210' Supplies
5220 . Meetings
5230 ' Shirts
Total 5200 . Board expense
5300 . Donation expense
5310. M.H.S. Baseball Program
5320 . Volunteer Fire Dept.
5330 ' High SchoollTrash Detail
Total 5300 . Donation expense
5400 . Command expense
5410' Food & beverages
5430 ' Radios
5440 . Supplies
5450 . Telephone
Total 5400 . Command expense
5500 ' Facilities
5515. Fencing
5520 . Fuel
5525 ' Electrical
5530 . Golf carts
5535 . Light towers
5550 . RV's & modulars
5555 . Signage
5560 . Equipment rental
5565 . Storage bins
5570 ' Supplies
5575 . Tents
55BO ' Toilets
55B5 . Trash/Clean-Up
Total 5500 . Facilities
5700 . Marketing expense
5716 . Flyers/Rack Cards
5722 . Media Kits
5725 . Marketing expense-other
5730 . Marketing supplies
5732 . Postage
5735 . Print marketing
5740 ' Program
5745 . Radio
5750 . Marketing Finn
5757 . Web-Site
5760 . Video Production
5762 . Television
5765 . Assorted Services
5770 . Newsletters
Total 5700 . Marketing expense
3.500.00
2,000.00
1,000,00
500,00
1,000,00
4,000,00
14,000.00
60,000.00
27,000.00
3,600.00
650,00
6,500.00
2,500,00
2,500,00
12B,750.00
55,000.00
2,000.00
2,700.00
15,000.00
21,000.00
95,700,00
100.00
1,500.00
310.00
1,910.00
B,OOO.OO
3,000.00
3,500,00
14,500,00
1,700.00
1,500.00
400,00
1,BOO,OO
5,400,00
12,000.00
2.000.00
22,000.00
12,000,00
14,500,00
6,000.00
2,500.00
4,000.00
2,500.00
300.00
22,000,00
12,000,00
B,OOO,OO
119,BOO,OO
[Q)fPJ~fF1r
Page 2
10:51 AM
03/23/05
~ccrual Basis
\ )
Temecula Valley Balloon & Wine Festival
Profit & Loss Budget Overview
July 2005 through June 2006
)
5800 . Professional fees
5B10' Accounting
5B20 . Auditing
5B50 . Attorney
5860 . Sponsorship Commissions
Total 5800 . Professional fees
5900 . Public safety
5910' Highway patrol
5920 . Security
5940 . Sheriffs
5950 . Supplies
Total 5900 . Public safety
6000 . Sponsor expense
6040 . Sponsor Awards
6045 ' Sponsor NlghtlThank You
Total 6000 . Sponsor expense
6100. Volunteer
6110' Food
6120, T-shirts
6130. Printing
6135' Meeting Room (s)
Total 6100 . Volunteer
6200 . Admissions expense
6210. County fee - parking
6215 . County fees ~ tickets
6220 ' Entry refund
6270 . Ticket printing
Total 6200 . Admissions expense
6300 . Balloon expense
6310. Accomodations
6320 . Showaup incentives
6340 . Fuel
6390 . Tethered balloons
Total 6300 . Balloon expense
6400 . Beverage expense
6410. ABC license
6415. Beer
6420 . Beverage supplies
6435 . Ice
Total 6400 . Beverage expense
6600 . Entertainment expense
6610. Entertainment Backline
6620 ' Producer/Booking Agent
6700 . Main backstage supplies
6710 . Accommodations
6730 . Food
6770 ' Sound & Lights
67BO ' Stages
Total 6700 ' Main backstage supplies
6900 . Entertainer acts
6910 . Kids Faire
6920 . Main stage
6930 . Wine stage
Total 6900 ' Entertainer acts
Total 6600 . Entertainment expense
Jul '05 - Jun 06
7,000,00
3,500,00
5,000.00
5,000.00
20,500.00
2,200.00
32,000.00
22,000,00
500.00
56,700.00
6,000,00
3,400.00
9.400,00
2,BOO,OO
2,200.00
1,200.00
600.00
6,BOO.00
7,500.00
12,500.00
250,00
2,400,00
22,650.00
7,000.00
3,000,00
2,500,00
3,000.00
15,500.00
300.00
12,000,00
1,000,00
5,300.00
1 B,600.00
5,000,00
15,000.00
B,OOO,OO
4,000.00
15,000.00
20,000.00
47,000,00
3,200.00
130,000.00
5,000.00
13B.200,OO
205,200.00
[Q)[Rl~~1l
Page 3
10:51 AM
03/23/05
~ ,._~ccrual Basis
\ )
)
Temecula Valley Balloon & Wine Festival
Profit & Loss Budget Overview
July 2005 through June 2006
Jul '05 . Jun 06
7300 . Food court expense
7340 . Health Permit
Total 7300 . Food court expense
7500 . Parking
7510' Supplies
7520 . Cones
Total 7500 . Parking
7600 . Souvenir expense
7620 . Inventory purchases
7640 . Supplies
Total 7600 . Souvenir expense
7700 . VIP expense
7720 . Food
7740 . Supplies
Total 7700 . VIP expense
7800 . Wine tasting venue expense
7810. Glasses - plastic
7B15' Glasses -tasting
7B60 ' Tickets
7870 . Wine
Total 7800 . Wine tasting venue expense
1,500.00
1,500.00
250.00
600.00
B50,OO
2B,OOO.00
250.00
2B,250,OO
4,000.00
600,00
4,600.00
400,00
7,400,00
550.00
3B,OOO.00
46,350.00
Total Expense
906,160.00
Net Ordinary Income
Net Income
[D)[Rl~rFiJ
0.00
0.00
Page 4
H~/4Ad WOrkS,lnC.
PUBliC RElaTIONS AND MARKETING
Marketing Report
Temecula Valley Balloon &Wine Festival
July 2005
PUBLICITY OVERVIEW:
The 2005 Temecula Valley Balloon and Wine Festival publicity and marketing campaign
began in October 2004. The process began with local publicity on vendors, volunteers and
awards.
Long lead publicity started in January with calendar notices, targeting over 100
entertainment, in-flight travel and regional publications, as well as a list of travel writers.
Target subject related magazines such as Wine Enthusiast, Vineyard and Winery
Magazine and Tours and Tastings were sent press releases that focused on the wine
tasting portion of our event, while entertainment magazines and travel magazines focused
on the balloons and entertainment aspects of the Festival.
In March, an aggressive push to obtain maximum print and broadcast media exposure
started with over 90 custom book marks produced and sent to entertainment editors,
concert hot lines, travel writers, newspaper editors, television news producers and
television news anchors. The bookmarks listed some of the entertainment and to watch for
the complete line up. Television news feature editors and reporters also received
advanced notice of May media days in Temecula.
Local Monthly publications also received calendar notices, stories on balloon charters,
photo proof sheets and the Friday headliner in March.
In April, a small jigsaw puzzle of the Festival's 2005 souvenir poster was mailed with
scroll invitations to 20 television news producers and anchors inviting them to a private
wine country tour, tasting and balloon flight. A puzzle, full size poster and PSA were also
sent to major morning networks.
Weekly and daily newspapers received monthly news releases beginning in January.
Six weeks prior to the event the same publications received different weekly press
releases that included entertainment lineup news, winery news, balloon reservation and
volunteer news. Press kits with all articles, entertainment schedules, photos and a CD
with all information were assembled and mailed four weeks prior to the event. These were
mailed with hand cut and punched invitations to the Friday, June 3 media preview.
21705 COMO STREET .:. WILDOMAR .:. CA .:. 92595
(951) 678-1456 .:. (951) 252-5649 .:. FAX (951) 678-5467
WEBSITE WWW.TEMECULACALlFORNIA.COM
Hdc4'4 Ad Works, Inc.
PUBliC RElaTIONS AND MARKETING
RESULTS:
The Festival had more coverage in wine publications than previous years, more
magazines, and more daily metro newspapers. In many cases the Festival received two to
six page spreads detailing the entire schedule.
Over 7 million print impressions of the Temecula Valley Balloon and Wine Festival in
regional, national and local publications publicized the Festival with stories and
accompanying photos.
TELEVISION:
Our media preview and private invitation yielded three television news segments - Two,
which appeared on KCAL-Los Angeles and CBS-Los Angeles the week before the
Festival, and one segment that appeared on the Caballero network - La Nuestra. The
value of these spots estimated at $8,653 worth of advertising.
Media that covered our Friday preview included a live broadcast with KTLA-WB's Gayle
Anderson, flying in a hot air balloon over the Festival. This was valued at $5600 other
media covering the event included newspaper, radio and local television with eight
representatives covering the media flights.
The Festival also received coverage from KABC Los Angeles, KGTV San Diego (ABC
affiliate), Today Show/NBC, and KNSD - NBC San Diego coverage. KGTV had an in-
studio interview of a Temecula Valley Balloon and Wine Festival executive while KNSD
had a live grape stomping demonstration, and demo on hot air balloons in front of their
studios in San Diego.
Total Hits:
Audience reach:
Media Value:
27
6,170,483
$50,394
21705 COMO STREET .) WILDOMAR .;. CA .;. 92595
(951) 678-1456 .;. (951) 252-5649 .;. FAX (951) 678-5467
WEBSITE WWW.TEMECULACALlFORNIA.COM
"II
QUESTIONS (2007)
Application Page 3c
County Sheriffs, California Highway Patrol, County Transportation and the City
of Temecula.
4. Please describe your rmancial reporting.
The Festival Office works with a Certified Public Accountant year round and uses
generally accepted accounting principles. All fmancial reporting is prepared on
the accrual basis of accounting and reflects all significant receivables, payables
and other liabilities.
5. If your organization received City of Temecula Funding in the previous year,
please provide a brief recap of the event, attendance, accomplishments and
its economic benefit to Temecula. Explain if the event, goals, marketing
program, and attendance were consistent with what was proposed to the
City.
Event Recap:
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The 2005 Event was the 22nd Annual Temecula Valley Balloon and Wine
Festival. After a very successfu12l't annual celebration and increased attendance
it was a challenge to continue to meet the increasing attendance with a similar
budget and initiate new activities to increase and continue interest in the Festival.
To ensure media response another very aggressive multi-media campaign that
would appeal to print, radio and television news media was undertaken for 2005,
This resulted in news coverage throughout the nation including major markets in
Miami, Chicago, New York, Dallas, Denver and San Francisco.
The Festival website which carries event information and entertainment schedules
was linked to radio and television stations covering the Festival. In 2005, the
website hit count doubled in both May and June over the previous 2004 record-
breaking year.
Through a cross channel sponsorship with Adelphia, the Temecula Valley
Balloon and Wine Festival received over 300 thirty-second commercials per week
for three weeks on cable networks broadcasting in Los Angeles County, South
Orange County and the Inland Empireffemecula area
Early morning balloon rides including some special shape balloons started the
Festival day on Saturday and Sunday at 6:00 a.m. as riders floated over vineyards
and surrounding areas.
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QUESTIONS 2007
Application Page 3d
In addition to the traditional evening Balloon Glows, a Laser Light Show at the
Main Stage, highlighted the festivities on Friday and Saturday evenings.
Adjacent to the stage was a 60-foot sphere illuminated with lasers and
accompanied by music.
Twenty-one different wineries provided tasting in the wine venue, which also set
a Festival record. Throughout the day, various entertainers provided music on the
Wine Stage for the enjoyment of Festival guests. The Main Stage was rocking as
several bands provided music in the afternoon and evenings. Guests also enjoyed
the vendor booths including, arts and crafts, commercial exhibits and delicious
food.
To thank the military, Sunday was designated military day and all active military
received 50% off their adult admission.
Attendance DemolZfaohics:
Please see attached.
Accomolishments:
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Festival accomplishments have been integrated throughout the narrative in this
document.
Economic Benefit to City of Temecula:
The Festival provided key economic development activities for the City of
Temecula and surrounding areas in the Temecula Valley. It prominently
displayed the natural assets and resources of Temecula including its: 1) tourism,
2) retail operations, 3) potential for employment opportunities, 4)
industriaVcommerciallocations, and the fact that Temecula is a leading source of
high tech job potential, excellent residential living and quality oflife.
The activities of the Balloon and Wine Festival generated substantial TOT tax to
the city since all hotels/motels, campgrounds, and restaurants in the city were at
maximum capacity during the three-day event.
Ninety-two percent of Festival operating expenses continued to be spent at
Temecula Valley businesses.
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ADVERTISING AGREEMENT BETWEEN
CITY OF TEMECULA AND
TEMECULA VALLEY BALLOON & WINE FESTIVAL ASSOCIATION
This Agreement, made this 25th day of April. 2006, by and between the CITY OF
TEMECULA, (hereinafter referred to as "City"), and TEMECULA VALLEY BALLOON &
WINE FESTIVAL ASSOCIATION, a California nonprofit corporation (hereinafter referred
to as ("TVBWFA").
A. TVBWFA will operate the "Temecula Valley Balloon & Wine Festival" on
June 2 - 4, 2006, The Temecula Valley Balloon & Wine Festival is a special event
located at Lake Skinner featuring approximately 50 hot air balloons, main stage
entertainment, arts and crafts fair, tethered balloon rides and a wine venue featuring the
Temecula Valley. On June 2dn, the Festival will kick-off with headline entertainment and
a balloon glow. Attendance in previous years has been approximately 30,000 - 40,000
people for the 3-day event. Attendance for the 2005 Festival was approximately 38,000.
B. The City of Temecula desires to be a Premier Sponsor of the 2006
Temecula Valley Balloon and Wine Festival.
AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties as follows:
A. In exchange for the payment of $35,000.00 and for providing temporary
logistical support of traffic control signs and devices to assist with public safety during
the event, the City of Temecula shall be designated as a "Premier Sponsor" of the 2006
Temecula Valley Balloon & Wine Festival. In exchange for being a Premier Sponsor, the
City of Temecula will receive the benefits as listed in Attachment A.
B. Any media visits prior to the Temecula Valley Balloon and Wine Festival
coordinated by the Festival or its public relations representatives will include an invitation
to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly, the Festival shall
include in its basic press kit a feature article of no less than two pages, which focuses on
the attractions of Temecula, including Old Town, golf, wineries, etc. This informational
piece shall be provided to all media working with the Festival or its representatives on
Festivai-related stories.
C. The TVBWFA shall submit a written request to the Assistant City
Manager and the Director of Public Works requesting the use of any City owned light
towers, cones, barricades, directional signs, flashing beacons, etc. no later than 60 days
proceeding the first day of the Balloon & Wine Festival. Any such materials provided are
at the discretion of the City of Temecula and shall be returned in the same condition as
received.
D. All event tickets, parking passes and official Festival souvenir
merchandise shall be submitted to the City Manager no later than one full week
proceeding the first day of the Festival.
E. Within 90 days following the Temecula Valley Balloon and Wine Festival,
TVBWFA shall prepare and submit to the Assistant City Manager a written report
evaluating the Temecula Valley Balloon and Wine Festival event, its
attendance/demographics, and describing the materials in which the City was listed as a
Premier Sponsor. The report should also include samples of media press clippings,
flyers, pamphlets, etc. in a presentation notebook format. In addition, a complete
financial statement to include a balance sheet and income statement of the Festival
must be included.
F. TVBWFA agrees that it will defend, indemnify and hold the City and its
elected officials, officer, agents, and employees free and harmless from all claims for
damage to persons or property by reason of TVBWFA's acts or omissions or those of
TVBWFA's emploYees, officers, agents, or invites in connection with the Temecula
Valley Balloon & Wine Festival to the maximum extent allowed by law.
G. TVBWFA shall secure from a good and responsible company or
companies doing insurance business in the State of California, pay for and maintain in
full force and effect for the duration of this Agreement a policy of comprehensive general
liability and liquor liability in which the City is named insured or is named as an additional
insured with TVBWFA and shall furnish a Certificate of Liability by the City.
Notwithstanding any inconsistent statement in the policy or any subsequent
endorsement attached hereto, the protection offered by the policy shall;
1. Include the City as the insured or named as an additional insured
covering all claims arising out of, or in connection with, the Temecula Valley Balloon &
Wine Festival.
2. Include the City, its officers, employees and agents while acting
within the scope of their duties under this Agreement against all claims arising out of, or
in connection with Temecula Valley Balloon & Wine Festival.
3. Provide the following minimum limits:
(A) General Liability: $2,000,000 combined single limit per
occurrence for bodily injury, personal injury and property
damage.
(B) Liquor Liability: $2,000,000 combined single limit per
occurrence for bodily injury, personal injury and property
damage.
4. The insurer shall agree to waive all rights of subrogation against
the City, its officers, officials, employees and volunteers for losses arising from the
Temecula Valley Balloon & Wine Festival.
5. Bear an endorsement or shall have attached a rider whereby it is
provided that, in the event of expiration or proposed cancellation of such policy for any
reason whatsoever, the City shall be notified by registered mail, postage prepaid, return
receipt requested, not less than thirty (30) days beforehand.
6. Any deductible or self-insured retention must be declared to and
approved by the City. At the option of the City, either the insurer shall reduce or
eliminate such deductible or self-insured retention as respects the City, its officers,
officials and employees or TVBWFA shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
H, Should any litigation be commenced between the parties, hereto,
concerning the provisions of this Agreement, the prevailing party concerning the
provisions of this Agreement, the prevailing party in such litigation shall be entitled to
reasonable attorney's fees, in addition to any other relief to which it may be entitled,
I. rvBWA shall promptly furnish the City, a financial review of the TVBWA
financial statements by an independent certified public accountant, which will include FY
July 1, 2005- June 30, 2006, by December 31, 2006.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
DATED:
TEMECULA VALLEY BALLOON
& WINE ASSOCIATION
CITY OF TEMECULA
BY:
Carol Popejoy Ronald H. Roberts
Executive Director Mayor
Temecula Valley Balloon & Wine Festival Assoc.
P.O. Box 1254
Temecuia, CA 92593
ATTEST:
Susan W. Jones, MMC
City Clerk
APPROVED AS TO FORM:
Peter Thorson, City Attorney
EXHIBIT A
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2006 Premier Sponsor $35,000
(Only one Premier Sponsorship available)
1. Identification as Premier Sponsor in all Festival materials
2. Exclusivity in Premier Sponsor's field
3. Full page, color ad in Festival program
4. Inclusion of logo in all Festival print advertising
5. Announcements in all Festival paid radio and newspaper
advertising
6. Sponsor representative interviewed on projected radio remote
broadcast
7. Right to use Festival logo on Premier Sponsor's materials
(with Festival advance approval)
8. Representative introduced from stage and invited to speak
several times during Festival
9. Four signs or banners on-site at event (Sponsor to provide)
10. Separate display tent in high-traffic area
11. Access to VIP Hospitality Tent for twenty guests
12. Linking of Premier sponsor's web site to Festival site
13. Recognized in Festival newsletter
14. Recognized in at least ten Festival news releases to general
media
15. Sponsor's name in Festival brochure
16. Fifty adult Festival tickets
17. Twenty Five parking passes
18. Invitation to Sponsor Appreciation Dinner for twelve people
19. Thirty sets of Official Festival souvenir merchandise
Temecula Valley International Film & Music Festival
Attachments
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V'
TEMECULA
v ALL E Y
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ERNATIONAl
& MUSIC FESIIVAL
CITY OF TEMECULA SPONSORSHIP BENEFITS
. Recognition of the City of Temecula's sponsorship in all festival collateral materials
· Recognition of City of Temecula's sponsorship in all applicable broadcast and print media
advertising, Festival fliers, brochures and signage.
· Acknowledgment of City of Temecula's sponsorship prior to and after every film screening,
live music performances, workshops and panel discussions.
. Full page, black and white inside Cover Page Advertisement in the Festival Program.
· 20 tickets to Opening Night, 20 tickets to the Awards Gala & 20 tickets to MusicFest
. 20 Sponsors Passes for access to all screenings, workshops/panels, Hospitality Suite, and
all filmmaker/music artists receptions
. 50 film screening, MusicFest & workshops/panels tickets for giveaway to City employees,
. Access to TVIFF VIP Hospitality Suite
. Invitation to TVIFF VIP Pre-Awards Gala Meet and Greet Cocktail Reception.
. Hyperlink from the Film Festival website to the City's website.
. Prominent City of T emecula logo/name placement in the festival Website and Sponsor
Display boards.
· Presenting opportunities for City of Temecula officials and staff in various Festival
components (from presenters to hosts/hostesses in all prime festival special events).
As Host City, the City of Temecula will always be acknowledged as a cooperative entity in the
event titling regardless of who, if any, the eventual Presenting or Title Sponsor will be.
The Festival will secure from a good and responsible company or companies, pay for and maintain
in full force and effect for the duration of the event a policy of comprehensive general liability and
liquor liability in which the City of Temecula is named insured or as an additional insured covering
all claims arising out of, or in connection with the Temecula Valley International Film and Music
Festival. Coverage will provide the following minimum limits:
. General Liability: $1,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage.
. Liquor Liability - $1,000,000 combined single limit per occurrence for bodily injury, personal
injury and property damage.
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INTERNATIONAL
FIl.M & MUSIC FESTIVAL
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TEMECU LA
VALLEY
Marketing Strategy Campaign for
2006 Temecula Valley International Film & Music Festival
TVIFF's marketing goals for 2006 are:
. To increase event awareness and attendance specifically with the continually changing
demographic population of Temecula and its surrounding communities and
. To raise TVIFF's profile to a higher level and expand its media reach to a broad Southern
California audience and potentially, national audience.
To achieve these goals, TVIFF has successfully negotiated with the public relations firm of
Shepley, Winings, Diamond Public Relations (SWD PR) of Studio City to come on board and
manage TVIFF's publicity and media relations. SWD PR's film and music industry contacts solid
relationships with national and regional consumer and trade media will bring a smart, strategic
sensibility to TVIFF"s media relations efforts and help craft a higher profile and expanded media
reach for TVIFF.
They will do this through heavy outreach to print and electronic (television and radio) outlets, as
well as online. SWD PR will have one of SWD PR company principals as well as an Account
executive working with TVIFF. In addition, they intend to have some level of staff in attendance at
the Festival to capitalize on media who attend the Festival.
SWD PR has conducted successful publicity campaigns for hundreds of television shows including:
CSI, The Practice, Alias. Emeril, Ally McBeal, to name a few. They are the agency of record for
MSNBC, Turner Network Television, SOAPnet, The Tennis Channel, Mervyn's, Advanta Corp
(Mastercard), Target Stores, USA Network, Showlime's Odyssey 5.
They handle regularly publicity campaigns for Paramount Network and Domestic Television, CBS
Productions, Universal Studios Pay per View, NBC, Twentieth Century Fox, Sony Pictures
Television, Sony Imageworks, David E. Kelly Productions, PBS and Disney.
Other Marketino Alliances
TVIFF will be working closely with the. Temecula Valley Convention and Visitors Bureau
(TVCVB) and combine resources to aggressively market the festival. In addition, TVCVB will help
establish processes for measuring the cultural, educational and economic impact of the festival to
the City of Temecula and surrounding communities.
The Convention and Visitors Bureau will work to craft an attractive travel and hotel package for our
participating filmmakers and music artists and attendees coming from out of town.
In our Notice of Acceptances to selected filmmakers and music artists, TVIFF will include a
welcome letter from the Convention and Visitors Bureau informing them of different tourist-related
activities they can do when they arrive in Temecula. They will also provide the Festival with
'introduction to Temecula' collateral pieces such as Visitors' Guides, maps, discount and gilt
certificates our participants and guests can use during their visit.
Another exciting Temecula-based alliance we have secured is with the Temecula Valley
Woman's Club. The Woman's Club has established a Film Festival Committee primarily to help
community wide awareness of the festival and generate participation and attendance. They have
committed to talk to different clubs and organizations and Activities Directors of various senior
citizen communities to include the Festival in their calendar as a prime event they need to attend.
The Temecula Valley Woman's Club has also committed to host the Festival's Hospitality Suite.
Marketin!! support from Paramount Studios. Paramount Studios has extended an invitation to
TVIFF to organize live TV taping audience and focus groups. For its audience organizing efforts,
TVIFF will have an opportunity to distribute TVIFF information materials at these studio tapings.
Update: TVIFF and Temecula Valley Woman's Club coordinated the first fundraising trek to
Paramount Studios, March 24, 2006. Paradise Chevrolet-Enterprise Rent A Car provided
transportation. The Temecula group was welcomed prior to the taping of the show. Then
members of the Temecula Group participated in the entertainment segments in betwe,en takes.
TVIFF received from Paramount, $450,00. But more important than the money, TVIFF as an
event and Temecula as a City are mentioned several times during the taping before an
audience of over 300. TVIFF is scheduled for three more taping sessions.
MvSpace.com
TVIFF will utilize and maximize to the fullest the strength and reach of the festival's new on line
media/promotional partner, MySpace.com. MvSoace.com aenerates 15 million hits a dav. As a
TVIFF Sponsor, MsSpace.com will place the festival banner on the MySpace Film Focus page and
will provide promotion opportunities on several of its other site locations, i.e. "MySpace Specials"
placement, in rotation, on their Main Home Page.
MySpace.com has also committed to provide a 'featured film' opportunity on the Film Focus
platform to one or more of the Festival's Film Competition winners.
Sonicbids.com- and WithoutaBox.com are TVIFF"s current on line submissions partner for both
film and music entries. Both entities' strength and breadth in terms of worldwide reach are
phenomenal. They will provide effective internet cross promotional opportunities for the Festival.
Local and regional efforts will be made via our other media partners, which include: Press
Enterprise for Riverside County-wide saturation; North County Times/Californian for
Southwest Riverside and North San Diego county-wide saturation and area radio stations,
KATY, 101.3, KMYT 94.5, KTMQ, 1490Am Smooth Jazz and Classic Rock station, KTMQ, Q103.3
for primarily Riverside County radio audience reach.
Direct Mail and Syndication Wires, fee-based wires will be utilized and major trade, tour, travel and
national publications for feature stories and calendar listings will be aggressively approached for
national and international media reach.
Additional info vou miaht want to add in vour report:
AWARDS
. Distinguished Institution Award to be offered to the Academy of Motion Picture Arts &
Sciences, KODAK and Technicolor.
. Acting honors to be offered to: Meg Ryan, John Lithgow, Jodie Foster, Christopher
Plummer, Sally Field, Goldie Hawn, Kurt Russell, Christopher Walken, Tommy Lee Jones,
Jackie Chan, Halle Berry, John Travolta, Michael Keaton, Jim Carrey, Steve Martin.
. Directing honors to be offered to Martha Coolidge, Steven Soderbergh, Sam Mendes,
John Woo, Quentin Tarantino, Ron Howard
. Producing honors to be offered to Gale Ann Hurd, Amy Pascal, Joel Silver, Tony Scott
. Music Artist /Composing/ Producing honors to be offered to Diane Warren, Lionel Ritchie,
Dolly Parton, Randy Travis, Sheryl Crow.
. The Creation of The Mayor's Visionary Award- to be presented to an individual whose
vision and persistence of vision have made a significant mark in the film and music
industry. The inaugural honor will be offered to: Music MogulNisionary - Clive Davis and
Berry Gordy.
CLUBHOUSE KIDS
TVIFF has finished post production on this magazine-variety television show for children and will
schedule to screen it at the Festival. TVIFF hopes this show, which was produced locally using
area production and performing talents, will spur our Film/Music Education series initiative
designed to encourage and providing a mentoring, supportive and professional environment for
local Temecula Valley aspiring filmmakers and musicians.
The TVIFF Film/Music Camp for Aspirina Filmmakers and Musicians
Although this project has had its challenges, TVIFF is continuing to pursue
to get this project off the ground by end of 2006, in time for a 2007 launch.
This s a series of three 7 -day film/music camp where participants learn the elements of music and
filmmaking process from film and music industry professional. Students between the ages of 9-13
are the primary target population. The objectives are for the filmmaking students to write, produce,
shoot, edit and score film for presentation at the Festival's closing day. For aspiring musicians, the
goal is write, record and perform original music for presentation at the Festival's Closing day.
The TVIFF Student Scholarship Award
As in past years, TVIFF will award two $1,000 scholarships to a Temecula Valley graduating senior
who aspire to pursue higher education and have expressed intent to work in any of the related
industry categories: Music, film, video or multimedia. Requirements include Temecula Valley
residency, a 3.0 GPA and an essay. 2005 recipients are Temecula students, Christa Rowers and
Jared Lansford.
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TEMECU LA
VALLEY
2006 TVIFF BUDGET (Revised)
EXPENSES
Festival Marketing
Printing
Graphics Design
Signage
Merchandise
Promo Trailer
MusicFest CD Production and Replication
PR/Media Relations/Marketing (LA & Beyond)
Festival Program Writer/Editor
Publicity/Advertising
Festival Operations
Office Rent
Theater Rental
Video Projection Equipment Rental
Transportation
Limousines
AirFare
Cargo Vanfrruck
Sound/Lighting Systems Rental
Party Equipment Rentals
Mailing/Shipping/Film Print Freight
Office Supplies/Computer/Copying Expenses
Accommodations
Security
Telephone
Website Hosting/Maintenance
Trophies/Plaques/Certificates
Insurance
Hospitality Suite
$ 6,000
$ 3,500
$ 2,000
$ 1,000
$ 2,500
$1,000
$ 15,000
$ 5,000
$ 20,000
$7,800.00
$10,000
$6,000
$5,000
$5,000
$500
$5,000
$5,000
$5,000
$2,000
$3,000
$2,000
$4,000
$1,000
$1,000
$3,000
$1,000
Sub Total: $56,000
Sub Total: $66,300.00
2006 TVIFF Budget, page 2
Special Events
Opening Night $1,500'
Awards Gala Night $45,000'
Closing Wrap Party $1,500'
Media Day $1,000'
TalenVPerformance Fees $3,000' Sub Total: 52,000
'Festival wi/I make every effort to have these special events underwritten
Festival Staff/Administrative Expenses
Festival Director $20,000
Film Programming Director $5,000
Sponsorship Development $3,500
Technical Operations Director $2,500
MusicFest Coordination $2,500
Special Events Coordination $2,500
Projectionist $2,000
Scholarships $2,000
Box Office / Volunteers Coordination $1,500
Film Print/Traffic Coordination $1,000
Bookeeping Services $1,000
Miscellaneous/Contingency $5,000
Loan Reimbursements' $17,000'
Sub Total: $65,500
Total Festival Expense Budget: $239,800.00
'Loan: Reimbursements spread over 3 years
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TEMECULA
VALLEY
2006 TVIFF BUDGET (Revised)
Projected Income
Sponsorships (cash)
General Admissions
(5 screenings, 6 screens, 4 days @$7, avg, 25 attendees)
$175,000"
$ 21,000
Opening Night
(150 paid Tix @$25)
$3,750
Awards Gala
(300 paid tix @$95)
$28,500
Entry Fees
( Film 1 Music: 300 paid @ $25/100 @ $10-student entry)
$8,500
All Day Film Pass
(100 paid lix, 4 days @ $15)
Festival Pass
(50 paid tix @$175)
$6,000
$8,750
Workshops Pass
(200 paid lix @ $15)
$3,000
Merchandise
IT -shirts/Mugs/hats/Programs)
$3,000
Total Projected Cash Sponsorships and Sales:
Less Event Expenses:
$257,500.00
$239 800.00
PROJECTED NET PROCEEDS:
$17,700.00
"includes City sponsorship.
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TEMECULA
VALLEY
F~ST.'VA~ HIGHLIC;.HTS, FACTSANP Fll1URES .. .
The200511thAnnual TemeculaNalley International Film & Music Festival. opened
and closed on a high note. Significant highlights of the 2005 event include:
800 film submissions, 189 of which were selected and screened. The Music
Competition received over 275 entries, of which 12 were selected as the 2005 TVIFF
Top Music Artists Over 300 filmmakers, musicians, producer, directors, writers,
judges, workshop presenters, cast and crew from as far as China, Russia and as
close as our neighbor communities of Corona, Hemet and San Diego were on hand
to participate in the festivities. Attendance topped over 10,000.
)
Film and music entries were accepted for the first time using high tech,
streamlined and more efficient on line services of Sonicbids.com (for Music) and
Without A Box (for Films).
Opening Night Film had to be screened in two theaters. The 2005 Opening
Night film for the first time had real 'star' power draw with the attendance of Mary
Steenburgen and her husband, popular TV star, Ted Danson of 'Cheers' and
'Becker' fame. Also in attendance were its producers, director and some 20 cast
and crew members. Ms.. Steenburgen was presented with a Lifetime Achievement
Award prior to the screening of the film.
The creators, producers, directors and animators of such blockbusters as
Lion King, Fantasia, Lilo and Stich, Little Mermaid, 102 Dalmatians, The Simpsons,
Rugrats, etc., participated with a panel on Animation aptly titled: The Magic of
Animated Disney, For two hours they shared their expertise with our attendees
DISNEYTOON STUDIOS ANIMATION SHOWCASE featured: MICKEY,
DONALD, AND GOOFY IN THE THREE MUSKETEERS, L1LO & STITCH 2;
STITCH HAS A GLITCH; LION KING 1 Yz and POOH'S HEFFALUMP MOVIE.
The Inaugural Distinguished Institution Award was awarded for the first
time to the American Film Institute. The attendance of Jean Picker Firstenberg,
AFI's long time CEO and Director to personally accept the award on behalf of AFI is
a huge accomplishment and compliment for Temecula,
The first ever' Tribal Gift Exchange' ceremony by two tribal leaders, Sakinu,
leader of the Paiwan Tribe of China and Mark Macarro, Tribal leader of the
Pechanga Band of Luiseno Indians. Sakinu was on hand to promote the screening
of the film, THE SAGE HUNTER, which was based on his life and his aboriginal
Paiwan tribe in China. The movie's HongKong based producers attended the event.
The participation of filmmakers from Orange County's 's California
Conservatory of the Arts, Idyllwild Arts Academy, Chapman University, Kansas Film
Connection and Kansas' Independent Film Coalition" India Shorts, Ten Films (India)
and Superfilmes of Brazil, in addition to the return participation of Toronto Int'I Film.
Festival and Film Circuit group (Canada), The Rome Independent Film Festival
(ITALY) , AFI and USC School of Cinema and Television made for a very impressive'
roster of film showcases.
Award Honorees
)
,Leonard Martin, Honoree/Film Critic and Author, Lifetime; Steve Dorff,
Honoree/Film Composer, Lifetime; John Badham, Honoree/Director, Lifetime; Rick
Schroder, Honoree/Actor, Outstanding; Natasha Hentsridge, Honoree/Actress,
Outstanding; Lucas Foster, Honoree/Producer, Outstanding; The American Film
Institute, recipient of the inaugural Distinguished Institution Award; Jean
Picker Firstenberg, CEO and Director of AFI, accepted on behalf of AFI.
A full roster of celebrity guests and presenters joined the glamorous
night Actor Dorian Harewood, Awards Presentation Host, Actress, Donna
Pescow (Saturday Night Fever, Angie), Actor, Robert Forster (Jackie Brown), BMI
Songwriter, Bobby Tomberlin (Diamond Rio's One More Day), Screenwriter, Ted
Griffin (Ocean's Eleven, Rumor Has It, Best Laid Plans), Actress, Roma Maffia
(NiplTuck, Law & Order), Actress, Ally Sheedy (The original Brat Pack - St. Elmo's
Fire, Breakfast Club, Short Circuit, War Games) all attended as Presenters for our
2006 honorees.
Live entertainment performances featured: Area performing talents led by the
Musicians Workshop, American Idol's AJ GiI, Crystal, Floor Plan Krew, On Being
Human, Four Way Free, Madrepore, Rebekah Jordan, Farah Zala, Hayley Gene,
The Los Angeles Youth Ballet Theater, Theatrics Dance Company, DGC
2
The JUry Award Winners
THE GRAND PRIZE WINNER - BEST OF THE FEST
'The Fix' DirectorlProducer, Adam Kane, USA, BEST ACTOR, Robert Patrick - 'The Fix', BEST
DIRECTOR, Adam Kane - 'The Fix', BEST SCREENPLAY, Jonny Hirshbein - 'The FIX'
THE FUJIFILM STOCK AWARD, Adam Kane - 'The Fix'
BEST DOCUMENTARY, 'The Loss of Nameless Things' Director: Bill Rose, USA
EST SHORT DOCUMENTARY, 'Road To Kosovo' Director: James Saldana, USA
BEST FOREIGN FILM, 'Dual Citizen' Director, Christy Garland, CANADA
BEST FEATURE, 'My Big Fat Independent Movie' Director, Phillip ZIotorynsky
BEST ANIMATION, 'Milton Is A Sh*tbag' WriterlProducerJDirector, Courtney Davis, USA,
BEST STUDENT FILM, 'Chaos Theory' Director/WriterlProducer, Suny Behar, USAAJCLA
BEST ACTRESS, Anna Ardova - 'The Huntei', Moscow, Russia
BEST CINEMATOGRAPHY,'La Cerca,"Columbla University, ProducerlDirector SJ Main
SPECIAL JURY PRIZE - SHORT
LITTLE TERRORIST, India, Writerl Directorl Producer: Ashvin Kumar; CAMERA, Canada, David
Cronenberg, Director; LimE DICKIE, Canada, Director, Anita McGee
SPECIAL FESTIVAL AWARD, The Maggi Allen Filmmaker Award, "The Goal'
Produced, Written and Directed by Daria Rae
) The Audience Choice Award Winners
IndieFllx, the newest distribution marketplace for independent films, joins TVIFF this year
sponsoring cash prizes to the TVIFF Audience Choice Award winners
for Best Feature Film ($1,000) Best Documentary ($500), Best Animation ($250), Best Short Film
($250) and Best Student Film ($250).
BEST STUDENT FILM: CHAOS THEORY, WriterJDirector Suny Behar
BEST ANIMATION: HANDSHAKE, ProducerJDirector, Patrick Smith, USA
BEST SHORT: SMART CARD, ProducerJDirector, James Oxford, USA
BEST FEATURE: FALLING, ProducerJDirector/Writer, Clayton Allis, USA
BEST DOCUMENTARY: Choppertown: The Sinners, WriterlProducerJDirectors: Scott DiLalla &
Zack Coffman, USA
BEST FOREIGN FILM: Dual Citizen, (from Canada), Director, Christy Garland
TWO-DAY MUSIC FEST This year's Music Critique Panelists include an
impressive roster of music industry professionals, Heading that list is this year's
TVIFF Lifetime Achievement Honoree and three-time Grammy nominee,
Composer, Steve Dorff, Art Ford, President, June S1. Entertainment and former
. BMG Music Publishing film and television music marketing VP, Review Editor, A&R
Reporter and Feature Writer of Music Connection Magazine, Bernard Baur, Co-
Founder and Director of the Los Angeles Songwriters Showcase, Author, Journalist,
3
Interviewer and Educator, John Braheny, Tim Sweeney, President of his own
successful management company international best selling author, Tim Sweeney's
Guide to Releasing Independent Records and Bruce Singer, Owner/Publisher and
Editor of Entertainment Roundup
The featured music artists are: BRANDON SiLVEIRA (Country) of Hanford,
CA; HAYLEY GENE (Pop) of Winnipeg, Manitoba, Canada; ZACH BROCK (Jazz)
of Chicago, IL; FARAH ZALA (Pop) of Burnaby, British Columbia, Canada;
BRANDON PATTON (Acoustic) of Brooklyn, New York; REBEKAH JORDAN (Pop)
from Cleveland, OH, now in Santa Monica, CA; BOBBY BREAKDOWN (Rock) of
Murrieta, CA,; MEZKLAH (Latin Alternative) of Los Angeles, CA; SPOOKY JONES
(Rock) of Murrieta, CA; MADREPORE (Alternative) of Los Angeles, CA; ANA
LOVE LIS (Pop) of Winnetka, CA and FOUR WAY FREE (Adult Contemporary) of
Los Angeles, CA
)
NINE WorkshoD Panels & Seminars: Film and Music producers,
directors, and writers shared their knowledge and expertise with festival attendees
on various subjects such as Writing, Directing, Producing, Marketing, and
Distribution. It was a whole weekend of EDUCATION AND INSPIRATION:
"CONVERSATIONS WITH Actor/Singer, Dorian Harewood: FROM BROADWAY
TO BLACKJACK;" HOW TO GET A MOVIE PRODUCED With Producer, Zachary
Feuer "BEFORE AND AFTER - HOLLYWOOD MAKE UP SECRETS, with Makeup
Artist, Christina Smith; THE MAGIC OF ANIMATED DISNEY: BEHIND THE
SCENES OF DISNEYTOON STUDIOS; "SHORT FILMS FOR THE Y
GENERATION" with Director, Nancy Stein; "THE ROLE OF THE MUSIC
SUPERVISOR~ with Hollywood Music Supervisor, Maureen Crowe; "WRITING
YOUR VISION," with Producer/Educator, David Coie; "DISCOVERING
AMERICA'S SONGBOOK," with former Disney Channel President, Jim Jimirro;
and "ITS ALL IN THE COSTUME" with Costume Designer, Maria Schicker
SIX SDecial Feature Presentations:
SATURDAY NIGHT FEVER and WHOSE LIFE IS IT ANYWA V, with Director John
Badham in attendance and holding a Q&A. BLACK CLOUD with Actor/Director
Rick Schroder in attendance and holding a Q&A; THE SAGE HUNTER. THE US
PREMIERE, with lead actor, director and producer in attendance; THE TREASURE
ISLAND KIDS: THE BATTLE OF TREASURE ISLAND with Director Gavin Scott in
attendance and holding a Q&A.; WHAT A GIRL WANTS with Director Dennie
Gordon in attendance and holding a Q&A
4
)
SPONSORS:
MAJOR SPONSORS:
City of T emecula · Pechanga Resort and Casino · Paradise Chevrolet - Cadillac
Callaway Coastal · Rancon Real Estate · Guidant Corporation · The Outdoor
Channel · Magnolia Home Theater · Blockbuster Video. Harold Matzner
BLACK nE AWARDS GALA PRESENTING SPONSOR: Pechanga Resort & Casino
CO-SPONSOR, BLACK TIE AWARDS GALA: Paradise Chevrolet-Cadillac
CONTRIBUTING SPONSORS, BLACK TIE AWARDS GALA: Omni Tech TV Services · Callaway
Coastal · Valley Events · AlumaWood,com · Murrieta Sound and Picture CO.
MUSICFEST SPONSORS: Blockbuster Video · HeyDay Records · FSM, Flight Safe Music
Publishing · Timmy d. Productions
OPENING NIGHT SPONSORS: California Pizza Kitchen · PRESTO'S Gourmet. Red Bull
Callaway Coastal · The Ballet Studio & Studio D · A Flower Factory
CLOSING NIGHT SPONSORS: Scarcella's Italian Grill · EI Polio Loco · Red BtllI
Callaway Coastal · Timmy d Productions
VENUE SPONSORS: The Garrett Group, LLC. NewMark Merrill, Tower Plaza · Movie
Experience, Sanborn Theaters Inc. · Miramonte Winery
HOTEL SPONSORS: Pechanga Resort & Casino · Holiday Inn Express · Temecula
Creek Inn · Embassy Suites · Hampton Inn & Suites
MEDIA SPONSORS: The Press Enterprise · The Californian · Neighbors Newspaper ·
Valley Business Journal. Entertainment Roundup. KATY 101.3FM .KTMO, 0103.3
· KMYT 94.5 Smooth Jazz .SmoothJazz 1490 .Inland Empire Magazine "Travel Host
Magazine. Temecula Lcom" Tour ofTemecula Map Guide
CONTRIBUTING SPONSORS: FUJIFILM " IndieFlix · Pacific Trust Bank" Affordable
Limousines" Magnolia Home Theater · Flight Safe Music" Timmy d Productions ·
Valley Events" Power House Graphics" A Grape Escape Balloon Adventure
California Dreamin'" CR&R" Carom Visual Comrn "951 Eagle's Mark Awards and
Signs. CR&R. Class Act Tuxedo & Rental" Target Foundation
PRINT & COPY SPONSORS: Valley Printing" FedExKinko's · Rancon Real Estate ·
Cregar Printing
FILM PRINT AND VIDEO SHIPPING SPONSOR: Federal Express
HOSPITALITY SUITE SPONSORS: Rent Time" Country Splendor Flowers & Gifts
Starbucks Coffee · Murrieta Oaks Nursery" Red Bull
FOOD AND BEVERAGE DONORS: Mount Palomar Winery · Budweiser" Red Robin"
Ralph's Supermarket. Carl's Jr. Wal Mart. Pizza Factory. Burger King "Vons.
California Bagel Bakery" McDonalds " Stater Bros. " Albertson's" Krispy Creme
Doughnuts" Romano's Macaroni Grill Food 4 Less · Pick Up STiX · Marie
Callenders " Golden Spoon" Pat & Oscars Anheuser Busch
5
)
~-
TEMECUlA
v A "L LEY
2005 TVIFF MEDIA COVERAGE AND IMPRESSIONS REPORT
This may sound redundant to 2004's final analysis, but based on the actual content,
it's true. The 11th annual T emecula Valley International Film & Music Festival took on
an even larger arena of new growth compared to 2004, and 2003 respectively. With
last year's 10th anniversary celebration - the opportunities which increased the
exposure and media impressions to brand the event, helped this year with 'interest'
regarding participation and involvement from mainstream and indie film industry.
The new visibility and leverage carried the torch from last year's 'growing pain &
gain' phase, showing that the festival "has more bright lights and celebrities strolling
, down the red carpet" according to an article by Tim O'Leary of Press-Enterprise,
dated Sept.12, 2005.
CLEARCHANNEL RADIO 101 KGB SAN DIEGO'S CLASSIC ROCK Morning
Show, "Dave, Shelly & Chainsaw" with the Dave and Chainsaw's film, The J-K
Conspiracy. Clear Channel did their entire morning show at the Movie Experience.
The crew set up from Sept. 15, 12 MN to 4AM and the show went on the air on time
at 5AM till10AM the next day, Sept. 16.
FILM THREAT.COM & Ultimate Film Festival Survival Guide editor and writer,
Chris Gore, with the film, My Big Fat Independent Movie. Chris, as the film's
Producer and Writer, gave the festival great coverage,
This year for the very first time. EMPIRE RELATIONS 'MARKET WATCH'
MEDIA picked up our release and many 'money market watch' sites continued to
pick up the festival release, This is growth for the festival in that financial reports are
calling attention to the festival growth and development as something to keep eye on
for continued spiraling success in terms of sponsorship draw. The continued
financial media pick-up is a good leveraging tool for sponsorship for next year. CBS
Marketwatch, Opinionetics, Excite Money and Yahoo Finance also continued to
pick up our release again, like they did in 2003 and 2004.
Other 'continued' noteable media coveralle includes being broadcast AND
placed as a mention on the Internet site of MSNBC, and the LOS
6
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}
newsletternnternet blogs. due to Rick Schroder and .Powerless" filmmaker, Matt
Daniels' Mormon faith, like last year, when Sons of Provo gave us this additional link
of coverage bonus,
Other noteworthv 'firsts' include Wireless Flash news syndicated piece on Rick
Schroder and Natasha Henstridge, as well as Mary Steenburgen. KBLM.TV 25
Riverside (who gave us on-site coverage, additional blurbs for 'Best of the Fest"
encore screenings and a 'full wrap-up show' broadcast, local public access
opportunities for Festival organizers to be on-air, KGB Clearchannel radio's
constant promotion and on.site remote broadcast, California Film Industry
news, Dally Bulletin, Film Festival Channel (on-site broadcast coverage as well as
follow-up wrap-up with encore screening coverage the last day 9/22, News2Air
Telemundo TV crew, and brand new media outlets: KZSW.TV and 951 Magazine.
Out of the box interest: Cycle Magazine - interest tie-in with the documentary,
CHOPPERTOWN and OC Weekly (tie-in interest with Chapman University film
showcase and the film, LOOKING FOR SOME POSSE. Several youth internet blog
sites primarily generated by the participants of the movie, DESTINATION FAME,
which premiered at the festival. IndieFlix's participation in the festival brought in the
attendance of New York Times journalist, John Anderson.
TVIFF as in prior years, enjoyed consistent, extensive coverage by the Press
Enterprise, Californian, North County Times, The Valley News. Valley Living,
Entertainment Roundup, Temecula Valley Business Journal, Neighbors,
Country Review, KATY Radio, 101.3 FM, Smooth Jazz 1490, Q103.3, 94.5FM, the
Inland Empire Magazine, TravelHost Magazine, 951 magazine.
TVIFF also had press release pick ups by various film and music industry trade
publications, (Hollywood Reporter.com, Billboard.com, Music Connection, Indie
Backlot, Backstage West,) as well as special niche media like: US Quad Rugby
Association for the documentary, THE GOAL; IndlanFM News Bureau. for the
Indian film, DEVAKI and for the Chinese produced and directed film, THE SAGE
HUNTER.
7
ADVERTISING AGREEMENT BETWEEN
CITY OF TEMECULA AND
TEMECULA VALLEY INTERNATIONAL FILM & MUSIC FESTIVAL
This Agreement, made this 25th day of ApriL 2006, by and between the CITY OF
TEMECULA, (hereinafter referred to as "City"), and TEMECULA VALLEY
INTERNATIONAL FILM & MUSIC FESTIVAL, a California nonprofit corporation
(hereinafter referred to as ("TVIFMF").
A. TVIFMF will operate the "12th Annual Temecula Valley International
Film & Music Festival" on September 13 - 17,2006. The Temecula Valley International
Film & Music Festival is a special event located at the Movie Experience 1O-plex at
Tower Plaza in Temecula. The Festival's Awards Gala Night is planned for Pechanga
Resort & Casino, The MusicFest component may be held at The Promenade MalL If
additional subsequent event venues are held outside the City of Temecula they will be
subject to the written approval of the City of Temecula. Attendance at last year's event
was approximately 10,000 people.
B. The City of Temecula desires to be a "Major Sponsor" of the 2006
Temecula Valley International Film & Music FestivaL
AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties as follows:
A. In exchange for the payment of sixty thousand dollars ($60,000.00), the
City of Temecula shall be designated as a "Major Sponsor" of the 2006 Temecula
Valley International Film & Music Festival. In exchange for being a Major Sponsor, the
City of Temecu1a will receive the benefits as listed in Attachment A. The city
sponsorship of sixty thousand dollars ($60,000) will not be used to pay for any
professional independent contractors hired by the Festival for specific functions required
to produce the Temecula Valley International Film and Music Festival. The City's
sponsorship funds will be designated to the following categories: advertising, theater
rental, video equipment projection rental, printing costs, special events catering costs
and party equipment rentals.
B. Within 90 days after conclusion of the Film & Music Festival, TVIFMF
shall prepare and submit to the Assistant City Manager a written report evaluating the
Film & Music Festival event, its attendance, media coverage, description of the materials
in which the City was listed as a Major Sponsor. In addition, a complete financial
statement to include a balance sheet and income statement of the Festival must be
included.
C. TVIFMF agrees that it will defend, indemnify and hold the City and its
elected officials, officer, agents, and employees free and harmless from all claims for
damage to persons or by reason of TVIFMF's acts or omissions or those of TVIFMF's
employees, officers, agents, or invites in connection with the Temecula Valley
International Film & Music Festival to the maximum extent allowed by law.
D. TVIFMF shall file a Temporary Use Permit application with the City of
Temecula no later than 60 days preceding the first day of The Temecula Valley
International Film & Music Festival.
E. TVIFMF shall secure from a good and responsible company or companies
doing insurance business in the State of California, pay for and maintain in full force and
effect for the duration of this Agreement a policy of comprehensive general liability and
liquor liability in which the City is named insured or is named as an additional insured
with TVIFMF and shall furnish a Certificate of Liability by the City. Notwithstanding
any inconsistent statement in the policy or any subsequent endorsement attached hereto,
the protection offered by the policy shall;
1. Include the City as the insured or named as an additional insured
covering all claims arising out of, or in connection with, the
Temecula Valley International Film & Music Festival.
2. Include the City, its officers, employees and agents while acting
within the scope of their duties under this Agreement against all
claims arising out of, or in connection with Temecula Valley
International Film & Music Festival.
3. Minimum Scope of Insurance. Coverage shall be at least as broad
as:
(A) Insurance Services Office Commercial General Liability
coverage provided on ISO-CGL Form No. CG 00 01 11 85
or 88.
4. Minimum Limits of Insurance. Consultant shall maintain limits no
less than:
(A) General Liability: One million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be
twice the required occurrence limit.
(B) Liquor Liability: One million dollars ($1,000,000)
combined single limit per occurrence for bodily injury,
personal injury and property damage.
5. The insurer shall agree to waive all rights of subrogation against
the City, its officer, officials, employees and volunteers for losses
arising from the Temecula Valley International Film & Music
Festival.
6. Bear an endorsement or shall have attached a rider whereby it is
provided that, in the event of expiration or proposed cancellation
of such policy for any reason whatsoever, the City shall be notified
by registered mail, postage prepaid, return receipt requested, not
less than thirty (30) days beforehand,
7. Any deductible or self-insured retention must be declared to and
approved by the City. At the option of the City, either the insurer
shall reduce or eliminate such deductible or self-insured retention
as respects the City, its offi~~rs, officials and employees or
TVIFMF shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
F. Should any litigation be commenced between the parties, hereto,
concerning the provisions of this Agreement, the prevailing party concerning the
provisions of this Agreement, the prevailing party in such litigation shall be entitled to
reasonable attorney's fees, in addition to any other relief to which it may be entitled.
IN WITNESS WHEREOF, the City has caused its corporate name and seal to be
hereunto subscribed and affixed by Chairperson and attest to by the City Clerk, both
thereunto duly authorized, and the Temecula Valley International Film & Music Festival,
has hereunto subscribed this Contract day, month, and year hereinabove written.
DATED:
TEMECULA VALLEY INTERNATIONAL
FILM & MUSIC FESTIVAL
CITY OF TEMECULA
BY:
Jo Moulton Ronald H. Roberts
Founder and Advisory Board Mayor
Temecula Valley International Film & Music Festival
31468 Corte Montiel
Temecula, CA 92592
ATTEST:
Susan W. Jones, MMC
City Clerk
APPROVED AS TO FORM:
Peter Thorson, City Attorney
EXHIBIT A
-
-
-
-
-
-
IN rERNA-IIONf\1
I I L 1\1 .\. ,'" U....l '- 11-.... I I \,\ I
~,
TEMECULA
v ALL E Y
CITY OF TEMECULA SPONSORSHIP BENEFITS
. Recognition of the City of Temecula's sponsorship in all festival collateral materials
· Recognition of City of Temecula's sponsorship in all applicable broadcast and print media
advertising, Festival fliers, brochures and signage.
· Acknowledgment of City of Temecula's sponsorship prior to and after every film screening,
live music performances, workshops and panel discussions.
. Full page, black and white inside Cover Page Advertisement in the Festival Program.
· 20 tickets to Opening Night, 20 tickets to the Awards Gala & 20 tickets to MusicFest
· 20 Sponsors Passes for access to all screenings, workshops/panels, Hospitality Suite, and
all filmmaker/music artists receptions
· 50 film screening, MusicFest & workshops/panels tickets for giveaway to City employees,
. Access to TVIFF VIP Hospitality Suite
. Invitation to TVIFF VIP Pre-Awards Gala Meet and Greet Cocktail Reception.
. Hyperlink from the Film Festival website to the City's website.
· Prominent City of Temecula logo/name placement in the festival Website and Sponsor
Display boards.
. Presenting opportunities for City of T emecula officials and staff in various Festival
components (from presenters to hosts/hostesses in all prime festival special events).
As Host City, the City of Temecula will always be acknowledged as a cooperative entity in the
event titling regardiess of who, if any, the eventual Presenting or Title Sponsor will be.
The Festival will secure from a good and responsible company or companies, pay for and maintain
in full force and effect for the duration of the event a policy of comprehensive general liability and
liquor liability in which the City of T emecula is named insured or as an additional insured covering
all claims arising out of, or in connection with the Temecula Valley International Film and Music
Festival. Coverage will provide the following minimum limits:
. General Liability: $1,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage.
. Liquor Liability - $1,000,000 combined single limit per occurrence for bodily injury, personal
injury and property damage.
ITEM NO.1 0
Approvals
City Attorney
Director of Finance
City Manager
~
IJIZ
Lf
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Anthony Elmo, Director of Building and Safety
DATE:
April 25, 2006
SUBJECT:
Approve a Third Amendment for Plan Review Services
PREPARED BY:
Diane Ball, Administrative Assistant
RECOMMENDATION: That the City Council approves:
1. The Third amendment for Plan Check Services with Esgil Corporation in the amount of
$157,000 plus a 10% contingency.
BACKGROUND: Plan check activity continues to be heavy. Esgil Corporation provides the City
with dedicated, professional and efficient turn around times for our customers. Early plan check
activity estimates have been excessive thus requiring this proposed third amendment to our
professional services contract with Esgil Corporation. This amendment will bring the total contract
amount to $506,130.
The City has gone through a user fee study that changed the manner in which user fees for building
permits and plan check were calculated. Esgil Corporation continued to charge for plan check
services under the old fee calculation methodology. As a result, it has been determined that by
Esgil Corporation continuing to calculate fees for their services as previously done but using the
City's user fee schedule, compensation for their services was inadequate to support the services
they provide the City. Therefore, the fee for services calculation methodology proposed in this
amendment has been agreed upon as fair and equitable for the level of service Esgil provides the
City.
FISCAL IMPACT: No additional appropriation is required as adequate funds are available in
Account Number 001-162-999-5248.
ATTACHMENTS:
Third Amendment to agreement with Exhibit B.
EXHIBIT B
CITY OF TEMECULA
Esgil Corporation's plan review fee shall be 75% of the inspection portion of the City's Permit
Fee.
Plan check fee for repetitive identical buildings shall be 75% of the inspection portion of the
City's Permit Fee as noted above for the first, or basic building, and 15% of the inspection
portion of the City's Per Fee as noted above for each additional building.
The single fee includes all rechecks and there are no additional charges for preliminary plan
check conferences at our office, expedited processing, or checking plans that are eventually
found to be incomplete.
Revisions to previously approved plans will be at Esgil Corporation's published hourly rates.
THIRD AMENDMENT TO AGREEMENT BETWEEN CITY
OF TEMECULA AND ESGIL CORPORATION
THIS THIRD AMENDMENT is made and entered into as of April 25, 2006 by and
between the City of Temecula, a municipal corporation and Esgil Corporation. In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On Julv 1. 2004 the City and Consultant entered into that certain
agreement entitled "City ofTemecula Agreement for Plan Review Services" ("Agreement")
in the amount of Two Hundred Thousand Dollars $200,000 plus a 10% contingency.
B. The contract was amended on June 28, 2005 and added an additional
One Hundred Forty Nine Thousand One Hundred Thirty Dollars ($149,130).
C. The parties wish to amend the existing agreement by adding one
hundred fifty seven thousand ($157,000) plus a 10% contingency.
D. The parties also desire to change the terms of payment for services
and amend the Agreement as set forth in this Amendment Exhibit B.
2.
follows:
Section 4a. PAYMENT of the Agreement is hereby amended to read as
A. "The City agrees to pay Consultant monthly, in accordance with the
payment rates and terms and the schedule of payment set forth in Exhibit B, attached
hereto and incorporate herein by this reference as though set forth in full, based upon
actual time spent on the above tasks. This Third Amendment amount shall not exceed one
hundred fifty seven thousand ($157,000) for a total contract amount of three hundred
seventy two thousand eight hundred ($506.130)."
3. Except for the changes specifically set forth herein, all other terms and
conditions of the Agreement shall remain in full force and effect.
Cl WINDOWSIAPSDOCINETTEMP\5416\MSQPDF800019.DOC 1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
BY:
Ron Roberts, Mayor
ATTEST:
BY:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
BY:
Peter M. Thorson, City Attorney
CONSULTANT
BY:
NAME: Richard Esgate, President
Cl WINDOWSIAPSDOCINETTEMP\5416\MSQPDF800019.DOC 2
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM NO. 11
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
APRIL 11,2006
A regular meeting of the City of Temecula Community Services District was called to order at
7:28 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
4
DIRECTORS:
Edwards, Roberts, Washington, and
Comerchero
ABSENT:
1
DIRECTORS:
Naggar
Also present were General Manager Nelson, City Attorney Thorson, and Deputy City Clerk Ballreich.
PUBLIC COMMENTS
No input.
CSD CONSENT CALENDAR
12 Minutes
RECOMMENDATION:
12.1 Approve the minutes of March 21, 2006;
12.2 Approve the minutes of March 28, 2006.
13 Completion and Acceptance for the Patricia H. Birdsall Sports Complex Svnthetic Turf -
Proiect No. PlN01-17CSD
RECOMMENDATION:
13.1 Accept the project, Patricia H. Birdsall Sports Complex Synthetic Turf - Project No.
PW01-17CSD - Turf as complete;
13.2 File the Notice of Completion, release the Performance Bond, and accept a one-
year Maintenance Bond;
13.3 Release the Materials and Labor Bond seven months after filing of the Notice of
Completion, if no liens have been filed.
(Pulled off calendar.)
R:\Minutes\041106
14 Acceptance of a Storm Drain Construction and Maintenance Easement Deed alonq
Marqarita Road within the Harveston Development
RECOMMENDATION:
14.1 Accept the Storm Drain Construction and Maintenance Easement Deed and the
Parkland/Landscape Faithful Performance Bond and authorize the City Clerk to
record the easement document.
MOTION: Director Washington moved to approve the Consent Calendar Item Nos. 12 and 14
(Item No. 13 was pulled off calendar). Director Edwards seconded the motion and electronic
vote reflected approval with the exception of Director Naggar who was absent.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
No additional comment.
CSD GENERAL MANAGER'S REPORT
No additional comment.
CSD BOARD OF DIRECTORS' REPORTS
No additional comment.
CSD ADJOURNMENT
At 7:30 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, April 25, 2006, at 5:30 P.M., for a Closed Session, with regular session commencing at
7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California.
Jeff Comerchero, President
ATTEST:
Susan W. Jones, MMC
City Clerk/District Secretary
[SEAL
R:\Minutes\041106
2
ITEM NO. 12
Approvals
City Attorney
Director of Finance
City Manager
~
/J1l
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TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman Parker, Director of Community Services
DATE:
April 25, 2006
SUBJECT:
Community Dog Park
RECOMMENDATION:
That the Board of Directors:
1) Approve the development of a Community Dog Park on three-quarters of an acre of unused
parkland on the southwest corner of Margarita Community Park.
2) Authorize staff to begin the installation of improvements to the proposed dog park site.
BACKGROUND: During the past three (3) years the number of calls from the general
public requesting a community dog park has continued to increase as residents move to Temecula
from San Diego and Orange County communities where dog parks are available for their use.
At the last Capital I mprovement Program (CIP) workshop, the City Council directed staff to work with
the Community Services Commission to identify potential locations for the development of a
community dog park. As a result, the Community Services Commission selected a sub-committee
of the Commission which consisted of Chairman Tom Edwards and Commissioner Felicia Hogan, to
serve as a task force working with staff to identify potential dog park locations within the City. Over
the past several months the Commission representatives and staff have toured other dog parks in
communities such as Poway, Rancho Bernardo, Escondido and others. Staff and the sub-
committee then visited several of the existing park sites within the community to identify potential
locations for a dog park. In addition, members of staff and members of the Commission attended a
special seminar on dog parks at the recent California Parks and Recreation Society Annual
Conference. After an extensive review of our existing park sites, and the improvements needed to
successfully construct a dog park, staff brought forward an item to the Community Services
Commission and the Commission unanimously recommended that the City's first dog park be
constructed on an unused portion of park land located at Margarita Community Park.
The proposed dog park location is a approximately one acre in size and would be located directly
behind where the proposed YMCA facilitywill be constructed at Margarita Community Park. The site
already has a concrete walkway leading to the proposed dog park area, security lighting and some
fencing is already in place. The construction of a dog park would simply be park improvements to
an unused portion of the park site. Improvements would include additional chain link fencing, two
chain link double gates with a concrete base, chain link fencing to create a separation of the site for
a large dog area and a small dog area, turf and irrigation, water fountains for both human and
canines, picnic tables, park signage and lighting retrofits. Ample parking currently exits at Margarita
Community Park for easy access to this area. Staff would also insure that appropriate trash cans
are available and also appropriate apparatus for the ease removal of animal waste by pet owners.
The Community Services Commission has reviewed the site which is currently an unused portion of
the park. Constructing a dog park in this area has no conflict with existing uses or public uses of
this area. The Community Services Commission feels thatthis would be an ideal location for a dog
park.
FISCAL IMPACT: Currently the CIP provides $150,000 towards the design and
construction of a dog park. The design costs are currently estimated at $8,500. Construction costs
are currently estimated at $98,000.
ATTACHMENTS:
Photograph of proposed dog park site.
~'"'~
Margarita Community Park
Dog Park
TCSD
DEPARTMENTAL REPORT
ITEM NO. 13
Approvals
City Attorney
Director of Finance
City Manager
~
/JJ2
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TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman Parker, Director of Community Services
DATE:
April 25, 2006
SUBJECT:
Monthly Departmental Report
PREPARED BY:
Gail L. Zigler, Administrative Assistant
Construction of the Patricia H. Birdsall Sports Park (Wolf Creek Sports Complex) continues.
Installation of the field lighting, installation of artificial turf fields and parking lot are complete.
Construction of the buildings and irrigation systems continue.
Construction of the Temecula Public Library project is currently underway. Construction of the
retainer walls is complete and the structural steel is nearing completion. Staff continues to meet
regularly to discuss furniture selections, information systems needs, etc.
Construction of the Boys and Girls Club project at Kent Hintergardt Park is currently underway.
Standard Pacific has started construction of the parking lot improvements.
The Community Services Department releases an RFQ to landscape architect firms for Redhawk
Park Improvements forthe four Redhawk park sites acquired on June 30, 2005 with the annexation
of Redhawk into the City of Temecula. The City Council approved a contract with RJM Design to
begin designing the improvements to the park sites. These improvements include picnic tables,
picnic shelters, park benches, sidewalks, tot lots, etc.
The Cultural Arts Division is busy conducting spring classes and activities as outlined in the Guide to
Leisure Activities. In addition, the Cultural Arts Division is responsible forthe day-to-dayoperations
at the Old Town Temecula Community Theater, the History Museum and the Imagination Workshop,
Temecula Children's Museum.
The Development Services Division continue to participate in the development review for projects
within the City including Wolf Creek, Roripaugh and Harveston, as well as overseeing the
development of parks and recreation facilities, and the contract for refuse and recycling, cable
television services and assessment administration.
The TCSD Maintenance Division continues to oversee the maintenance of all City parks and
facilities, and assist in all aspects of Citywide special events.
The Recreation Division staff is currently conducting spring classes, activities and special events as
outlined in the Guide to Leisure Activities. The annual Spring Egg Hunt was held on Saturday, April
22, 2006 at four parks sites in the community. Approximately 500 children participated in egg hunts
at each park site for a total of approximately 2000 participants. In addition, the Recreation Division
is preparing the Summer/Fall edition of the Guide to Leisure Activities.
REDEVELOPMENT
AGENCY
ITEM NO. 14
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA REDEVELOPMENT AGENCY
MARCH 28, 2006
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:26
PM., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
AGENCY MEMBERS:
Comerchero, Edwards, Roberts,
Washington, and Naggar
ABSENT:
o
AGENCY MEMBERS:
None
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No comments.
RDA CONSENT CALENDAR
11 Status Update on the Temecula Education Center
RECOMMENDATION
11.1 Receive and file.
MOTION: Agency Member Washington moved to approve the Consent Calendar. Agency
Member Comerchero seconded the motion and electronic vote reflected unanimous approval.
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING
12 Owner Participation Aqreement for Dalton III Mixed Use Affordable Housinq Proiect
RECOMMENDATION
12.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 06-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING AN OWNER PARTICIPATION AGREEMENT BElWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND PALOMAR
HERITAGE BUILDING, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
R:\Minutes\032806
12.2 That the Temecula Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 06-03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN
OWNER PARTICIPATION AGREEMENT BElWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF TEMECULA AND PALOMAR HERITAGE BUILDING,
LLC, A CALIFORNIA LIMITED COMPANY
Council Member Edwards advised that her employer may be providing financing for this project
and, therefore, noted that she would be abstaining with regard to this matter.
Director of Housing and Redevelopment Director of Housing Meyer presented the staff report
(as per agenda material).
At this time, the public hearing was opened.
Mr. Neil Cleveland, Temecula, expressed his opposition to the proposed project, expressing
concern with parking with particular emphasis on on-site parking spaces, balance of parking
provided by way of streets, public parking facilities, private properties, and the potential burden
to on-street parking and existing public parking facilities. Mr. Cleveland suggested that possibly
the formation of an Assessment District should be required for the construction of public parking
facilities; questioned whether studies have been conducted to address this matter; and
requested a continuance until a comprehensive plan could be completed to ensure public
parking will be adequately provided for this project, existing projects, and future projects.
Addressing the previously mentioned parking concern, Mr. Bill Dalton, applicant, advised that 25
residential parking spaces will be provided in Dalton II and that in Dalton III, 16 parking spaces
will be provided for the majority of the tenants. Mr. Dalton relayed his goal with the proposed
project to tie Front Street to Mercedes Street.
In response to the Agency Members, Director of Housing and Redevelopment Meyer noted the
following:
D that parking studies have been undertaken in Old Town
o that there are approximately 1,300 parking spaces in Old Town - on-street public
parking, off-street public parking, and off-street private parking
o that parking studies indicated that even on weekends during special events,
parking has never exceeded the 50% mark; that there is currently an adequate
parking supply in Old Town
D that since the Specific Plan was adopted in 1994, approximately 400 off-street public
parking spaces have been created
D that as part of the Civic Center Master Plan, a 350 - 400 parking space structure will be
included
D that there will be sufficient parking in Old Town to accommodate Dalton II and III.
City Attorney Thorson noted that under the City's current Zoning Ordinance, no on-site parking
is required for the proposed project and that the project will actually be over parked by 13
spaces.
R:\Minutes\032806
2
Viewing the Dalton projects as a catalyst to achieving the future vision of Old Town, Council
Member/Agency Member Comerchero commended Mr. Dalton and his family; expressed his
support of the proposed project; and relayed his opinion that parking will not be a concern.
In an effort to create a more pedestrian-oriented Old Town, Council Member Washington
viewed the proposed project as visionary and as well noted that he would be of the opinion that
there will be sufficient parking in Old Town.
In light of the existing available parking spaces and the future parking structure that will be
constructed, Chair Person Naggar relayed his support of the proposed project; briefly
commented on the function of a Redevelopment Agency; and requested that the press publish
an article on the City's Redevelopment Agency and its activities and its accomplishments.
MOTION: Council Member/Agency Member Comerchero moved to approve staff
recommendation. The motion was seconded by Mayor/Agency Member Roberts and electronic
vote reflected approval with the exception of Council Member/Agency Member Edwards who
abstained.
Recessed City Council Meeting
DEPARTMENTAL REPORT
No additional comment.
RDA EXECUTIVE DIRECTOR'S REPORT
Executive Director Nelson commented on the vision that has been developed for Old Town and
further commented on efforts that will be undertaken to ensure parking needs will be properly
addressed.
RDA AGENCY MEMBERS' REPORTS
No additional reports.
R:\Minutes\032806
3
RDA ADJOURNMENT
At 7:55 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, April 11 ,2006, at 5:30 P.M., for a Closed Session, with regular session commencing at
7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California.
Michael S. Naggar, Chairman
ATTEST:
Susan W. Jones, MMC
City Clerk/Agency Secretary
[SEAL]
R:\Minutes\032806
4
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA REDEVELOPMENT AGENCY
APRIL 11,2006
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:30
PM., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
4
AGENCY MEMBERS:
Comerchero, Roberts, Washington,
and Edwards
ABSENT:
1
AGENCY MEMBERS:
Naggar
Also present were Executive Director Nelson, City Attorney Thorson, and Deputy City Clerk
Ballreich.
In Chair Person Naggar's absence, Vice Chair Person Edwards presided over the meeting.
PUBLIC COMMENTS
No comments.
RDA CONSENT CALENDAR
15 Minutes
RECOMMENDATION:
15.1 Approve the minutes of March 21, 2006.
16 Award the Construction Contract and Approval of a Soil Excavation and Temporarv Entrv
Aqreement with the Rancho California Water District for the Temecula Education Center
Rouqh Gradinq - Proiect No. PW06-03
RECOMMENDATION:
16.1 Award a construction contract for the Temecula Education Center Rough Grading -
Project No. PW06-03, - to Yeager Skanska, Inc. in the amount of $3,155,810 and
authorize the Agency Chairperson to execute the contract;
16.2 Authorize the Executive Director to approve change orders not to exceed the
contingency amount of $315,581, which is equal to 10% of the contract amount;
16.3 Approve an appropriation of $730,000 and $270,000 ($1,000,000 total) for the
Temecula Education Center Rough Grading Project No. PW 06-03 from Developer
Reimbursables and Reimbursement from the Rancho California Water District
(RCWD), respectively;
R:\Minutes\041106
16.4 Establish estimated revenues for the Temecula Rough Grading Project No. PW 06-
03 in the amount of $730,000 and $270,000 ($1,000,000 total) for Developer
Reimbursables and for Reimbursement from RCWD, respectively;
16.5 Approve an advance of $1 ,000,000 from Redevelopment Agency Affordable
Housing Funds to the Temecula Education Center Rough Grading Project No. PW
06-03;
16.6 Approve a Soil Excavation and Temporary Entry Agreement with the Rancho
California Water District, and authorize the Executive Director to execute the
Agreement.
MOTION: Agency Member Comerchero moved to approve the Consent Calendar. Agency
Member Washington seconded the motion and electronic vote reflected approval with the
exception of Chair Person Naggar who was absent.
RDA EXECUTIVE DIRECTOR'S REPORT
Executive Director Nelson commended the Public Works Department for its efforts with moving
the Education Center Rough Grading project forward.
RDA AGENCY MEMBERS' REPORTS
No additional reports.
RDA ADJOURNMENT
At 7:31 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, April 25, 2006, at 5:30 P.M., for a Closed Session, with regular session commencing at
7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California.
Michael S. Naggar, Chairman
ATTEST:
Susan W. Jones, MMC
City Clerk/Agency Secretary
[SEAL]
R:\Minutes\041106
2
ITEM NO. 15
Approvals
City Attorney
Director of Finance
City Manager
~
/JIL
~
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
John Meyer, Redevelopment Director
DATE:
April 25, 2006
SUBJECT:
Emergency and Large Vehicle Access Easement Deed
RECOMMENDATION: Thatthe Agency Members approve the Grant of EmergencyVehicle
Access Easement Deed for the Habitat for Humanity property located at 28731 Pujol Street (APN
922-062-016).
BACKGROUND: The City Council and Agency Board entered into a Disposition and
Development Agreement with Habitat for Humanity Inland Valley Inc. (Habitat). The project is for the
development of up to five single-family homes located at the northwest corner of Pujol and First
Street in the Pujol Neighborhood.
In January of 2004, the Agency acquired the property adjacent to the north side of the Habitat
project. The Habitat project has been designed to expand onto this property. The purpose of the
easement is to allow emergency and large vehicle turn around access. When the northerly parcel
develops, this easement will become part of Habitat Way.
FISCAL IMPACT:
There is no Fiscal impact.
ATTACHMENTS:
Grant of Emergency Vehicle Access Easement Deed
Recording requested by and
when recorded mail to:
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589
Attn: City Clerk
FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE ~~ 6103 and 27383
SPACE ABOVE THIS LINE FOR RECORDER'S USE
No Documentary Transfer Taxes Due: See Revenue & Taxation Code S 11922 and Government Code S 6103
APN: 922-062-016
[]ALL
[x] PORTION
GRANT OF EMERGENCY VEHICLE ACCESS EASEMENT DEED
THIS EASEMENT DEED (this "Easement Deed") is made as of this 25th day of
April, 2006, by the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
("Grantor"), to and for the benefit of the HABITAT FOR HUMANITY INLAND V ALLEY,
INC., a California non-profit corporation ("Grantee").
1. Grant of Easements. For good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Grantor hereby grants to Grantee, and to its
successors and assigns, a perpetual, non-exclusive, appurtenant easement and right over, under
and across a portion of that certain real property owned by Grantor located in the City of
Temecula, County of Riverside, State of California (the "Easement Area"), for purposes of
emergency and large vehicle access over, under and across a portion of that certain real property
owned by Grantor located in the City of Temecula, County of Riverside, State of California (the
"Easement Area"). The Easement Area is legally described in Exhibit "A" and depicted in
Exhibit "B" and, attached hereto and made a part hereof.
2. Benefit of Easements. The Easements granted hereby are for the benefit of
Grantee and its successors and assigns.
3. Grantee Responsible for Costs of Easements. Grantee shall be solely responsible
for all costs related to the construction, repair and maintenance of the Easement Area, and any
other professional fees associated with the work and all other obligations of Grantee
contemplated by this Easement Deed.
C\WINDOWS\apsdoc\nettemp\3172\$ASQpdf799909.DOCl1087\OOOI \883317-1
4. Duration of Easements. The Easements shall continue for so long as Grantee
shall use the Easement Area for the above-stated purpose.
5. Indemnification bv Grantee. Grantee covenants and agrees that it shall
indemnify, defend, protect and hold harmless the Grantor, its officers, directors, members, agents
and/or employees from and against any and all liability, loss or damage to which the Grantor, its
officers, directors, members, agents and/or employees may be subjected to as the result of the
rights granted herein or the existence or presence of the structures and improvements covered
and/or contemplated by this Easement Deed or any act or omission by Grantee, its officers,
members, agents or employees arising out of the exercise by Grantee, its officer, members,
agents or employees of any of the rights granted to Grantee by this Easement Deed.
6. Compliance with Laws. Grantee covenants and agrees that it shall at all times
construct, maintain, use, repair and operate the Easement Area in compliance with any and all
applicable federal, state or local laws, regulations, codes, ordinances, standards, decisions of the
courts, permits or permit conditions.
7. Permitted Use. Grantee shall use the Easement Area solely for the above-stated
purposes and for no other use, purpose or purposes whatsoever.
8. Reservation bv Grantor. SPECIFICALLY EXCEPTING AND RESERVING
THE RIGHT, to be exercised by the Grantor and its successors and assigns, and by any other
party who has obtained, or may obtain, permission or authority from Grantor or its successors
and assigns to do so: (a) to operate, maintain, repair, renew and/or relocate any all existing
wires, fiber optic cables, piped, and other facilities of like character, over or under the surface of
the Easement Area; and (b) from time to time to construct, operate, maintain, repair, renew
and/or relocate upon the Easement Area additional facilities of the character described in clause
(a) of this paragraph, consistent with the right granted herein, without in any instance being
required to obtain the consent of Grantee the same as if this Easement Deed had not been
executed; provided, however, that in the exercise of such rights, Grantor shall use reasonable
care not to materially interfere with or block the use of the Easement Area or to damage any
fencing or other improvements located thereon.
9. Nondiscrimination Clause. BY ACCEPTANCE HEREOF, Grantee covenants,
for itself and its successors and assigns, to refrain from restricting the sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of the Property on the basis of race, color, creed,
religion, ancestry, sex, marital status, national origin or age of any person, nor shall Grantee
establish or permit any such practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or
vendees in the Property. All deeds, leases or contracts entered into with respect to the Property
shall contain or be subject to substantially the following nondiscriminationlnonsegregation
clauses:
IN DEEDS: "The grantee herein covenants by and for himself or herself,
his or her heirs, executors, administrators and assigns, and all persons claiming
under or through them, that there shall be no discrimination against or segregation
11087\0001\883317-1
-2-
of, any person or group of persons on account of race, color, creed, religion,
national origin, sex, marital status, age or ancestry in the sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor
shall the grantee himself or herself, or any person claiming under or through him
or her, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sub lessees or vendees in the land herein conveyed.
The foregoing covenants shall run with the land."
IN LEASES: "The lessee herein covenants by and for himself or herself,
his or her heirs, executors, administrators and assigns, and all persons claiming
under or through him or her, and this lease is made and accepted upon and subject
to the following conditions: That there be no discrimination against or
segregation of any person or group of persons, on account of age, race, color,
creed, religion, sex, marital status, national origin, or ancestry, in the leasing,
subleasing, transferring, use or occupancy, tenure or enjoyment of the land herein
leased nor shall the lessee himself or herself, or any person claiming under or
through him or her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number,
use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land
herein leased."
IN CONTRACTS: "There shall be no discrimination against or
segregation of, any person, or group of persons on account of race, color, creed,
religion, age, national origin, sex, marital status or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the
transferee himself or herself or any person claiming under or through him or her,
establish or permit any such practice or practices of discrimination or segregation
with reference to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sub lessees or vendees ofthe land."
I O. Miscellaneous.
a. Waiver. If Grantor or Grantee fails to insist on the strict observance by
the other party of any of the provisions of this Easement Deed, neither party shall be precluded
from subsequently enforcing this Easement Deed or be held to have waived any such provision.
b. Relationship of the Parties. Nothing in this Easement Deed shall be
deemed or construed by the parties hereto or by any third person to create the relationship of
principal and agent, partnership, joint venture, landlord and tenant or any other association
between Grantor and Grantee other than the relationship described herein.
c. Entire Agreement. This Easement Deed, including all exhibits hereto
(which are hereby incorporated herein by reference for all purposes), contain the full and final
agreement of every kind and nature whatsoever between the parties hereto concerning the subject
matter set forth herein and all preliminary negotiations and agreements of any kind are merged
herein. This Easement Deed may not be changed, amended or modified in any manner other
11087\0001\883317-1
-3-
than by a written amendment or modification executed by and between Grantor and Grantee or
their respective successors and/or assigns.
d. Captions. The captions used in this Easement Deed are for convenience
only and therefore do not constitute a part of this Easement Deed and do not amplify or limit the
meaning ofthe provisions of this Easement Deed.
e. Partial Invaliditv. If any provIsion of this Easement Deed or the
application thereof shall be held invalid or unenforceable by a court of competent jurisdiction,
the remainder of this Easement Deed in its application shall not be affected by such partial
invalidity but shall be enforced to the fullest extent permitted by law as if such invalid or
unenforceable provision was never a part hereof.
f. Applicable Law. This Easement Deed shall be construed in accordance
with the laws of the State of California and the parties agree that jurisdiction for all actions
hereunder shall lie in the State of California.
g. Costs of Enforcement. If any legal or equitable action or proceeding is
instituted by one party against the other to enforce or interpret any provision of this Easement
Deed, the prevailing party in such action shall be entitled to recover from the losing party all of
the prevailing party's costs of suit, including, but not limited to, reasonable attorneys' fees
awarded by the court.
h. Successors and Assigns. All rights, obligations and liabilities herein given
to or imposed upon any party hereto shall extend to the permitted successors and assigns of any
such party.
i. Time of Essence. Time IS of the essence of each prOVlSlon of this
Easement Deed in which time is an element.
j. Countemarts. This Easement Deed may be executed in one or more
identical counterparts and all such counterparts together shall constitute a single instrument for
the purpose of the effectiveness ofthis Easement Deed.
11087\0001\883317-1
-4-
IN WITNESS WHEREOF, the Grantor has caused this Easement Deed to be
executed as of the day and year first above written.
"GRANTOR"
REDEVELOPMENT AGENCY OF
THE CITY OF TEMECULA
John Meyer
Director
Attest:
Susan Jones, CMC
City Clerk
Approved as to form:
Peter M. Thorson
City Attorney
11087\0001\883317-1
-5-
CERTIFICATE OF ACCEPTANCE
GRANT OF EMERGENCY VEHICLE ACCESS EASEMENT DEED
The undersigned, being the duly appointed agent of HABIT AT FOR HUMANITY INLAND
V ALLEY, INC., a California non-profit corporation, does hereby accept on behalf of HABITAT
FOR HUMANITY INLAND V ALLEY, INC., the Grant of Emergency Vehicle Access
Easement dated April 25, 2006 by and between the REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA, and HABITAT FOR HUMANITY INLAND V ALLEY, INC., and the
undersigned does hereby certify that the Grantee consents to the recordation of said Grant of
Emergency Vehicle Access Easement.
HABIT AT FOR HUMANITY INLAND V ALLEY, INC., a California non-profit corporation
By:
Name:
Title:
By:
Name:
Title:
Date:
11087\0001\883317-1
-6-
State of California }
} ss.
County of Riverside }
On ,2006, before me, , a Notary Public,
personally appeared , personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person( s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
11087\0001\883317-1
-7-
State of California }
} ss.
County of Riverside }
On , 2006, before me, , a Notary Public,
personally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
11087\0001\883317-1
-8-
EXHIBITS A AND B
LEGAL DESCRIPTION - EMERGENCY VEHICLE ACCESS EASEMENT
LOT 5 IN BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF
TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 15 PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
TOGETHER WITH THAT PORTION OF AN ANNEXED STREET OF ADJACENT
AND ON THE SOUTH SIDE OF SAID LOT AS VACATED BY RESOLUTION FILED
DECEMBER 8,1936, IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
11087\0001\883317-1
EXHIBIT B
EMERGENCY VEHICLE ACCESS EASEMENT
~
~
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LEGEND
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iVi'-1 c< -""";p" .i&H~' (WS6 (U)/I//Itr;Sl
FO. ,. LP. lAG ILLEGIBLf
(ReE 2LJI) ACCEPTED AS
BEING IN POSIT/ON OF MOST
WESTERLY PROPERTY CORNER
SET PER RS 64/44-45 AND
REfERENCED ON PMB
116/69-78.
~
I
~
SCALE 1 II = 100'
FD. I' LP. NO lAG FOUND.
ACCEPTED AS BEING IN POSIT/ON OF MONUMENT
FOR C/L fiRST STREET AND WESTERLY R/W LINE
OF PUJOL STREET. SET PER RS 64/44-45 AND
REfERENCED ON.
RDA DEPARTMENTAL
REPORT
ITEM NO. 16
Approvals
City Attorney
Director of Finance
City Manager
~
/JJ2
~
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
John Meyer, Redevelopment Director
DATE:
April 25, 2006
SUBJECT:
Redevelopment Departmental Monthly Report
Attached for your information is the monthly report as of April 25, 2006 for the Redevelopment
Department.
First Time Homebuvers Proqram
Funding in the amount of $100,000 is available for FY 05 -06.
Residential Improvement Proqrams
The program budget for FY 05-06 is $250,000, with $260,000 funded on 45 units. The amount
available to each participant increased from $5,000 to $7500.
Habitat for Humanitv
Council entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity to
develop a home-ownership project within the Pujol Neighborhood. The project located on the
northwest corner of Pujol and First Streets, will consist of 5 new single-family detached homes. The
houses are arranged along Pujol Street and a private lane. Habitat has resubmitted final grading
plans, street improvements and final map to Public Works for review.
Dalton Mixed-Use II
On May 28, 2005, the Council approved an Owner Participation Agreement with D'Alto Partners to
build a mixed-use affordable housing project. The project will consist of 24 units over 5,000 sq. ft. of
retail/commercial. The project is located on the north side of Fifth Street, west of Mercedes.
Vertical construction has begun with the installation of vertical steel.
Dalton Mixed-Use III
On March 28, 2006, the Council approved an Owner Participation Agreement with D'Alto Partners to
build a mixed-use affordable housing project. The project will consist of 22 units over 4,700 sq. ft.
of retail/commercial. The project is located on the north side of Fifth Street, west of Mercedes.
Temecula Education Center
The City Council awarded the construction contract and approval of a soil excavation and temporary
entry agreement with the Rancho California Water District for the Temecula Education Center
Rough Grading on April 11 ,2006. The grading process will begin May 1,2006 and construction in
October 2006.
Facade Improvement/Non-Conforminq Siqn Proqram
The following facade improvement/sign projects are in process or have recently been completed:
. The Farmers Wife
Design and install three wood signs
Din-Skin
Design and Install 3 wood sandblasted signs,
D European Cafe
Design and Install Five Wood Sandblasted Signs
D State Farm Insurance
- Design and Install Three Wood Signs.
Old Town Promotions/Marketinq
Painted Parasol Festival
The Painted Parasol was held in Old Town Temecula on April 22, 2006. The Festival enabled
children and adults the opportunity to paint their own parasols, then parade them around Old Town
Temecula as they listened to both Jazz and Blues bands playing throughout the day. The Children's
Imagination Workshop sponsored the activity from 11 a.m. to 2 p.m. while supplies lasted. The cost
was $4 and included the parasol and paints.
The Festival included the electrifying performance of Teresa Russell and the Cocabillis, Cajun Blues
from the Bayou Brothers and the award-winning rockin' blues of Aunt Kizzy'z Boyz on the blues
stage. The Jazz Stage included Temecula Valley High School Jazz Ensemble, Valley Winds, Vail
Ranch Middle School and the Mt. San Jacinto Menifee Campus Jazz Ensemble. The event also
included food and craft vendors.
Other upcoming events will include Western Days, May 20 & 22 the Street Painting Festival, June
24 & 25 and Hot Summer Nights beginning July 7 through August 12, 2006.
ITEM NO. 17
Approvals
City Attorney
Director of Finance
City Manager
~
/J1l
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
April 25, 2006
SUBJECT:
Proposed Zoning Ordinance Prohibiting Medical Marijuana Dispensaries in all
Zoning Districts within the City of Temecula
PREPARED BY:
Dale West, Associate Planner
RECOMMENDATION:
That the City Council:
1. Introduce and read by title only an ordinance entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING SECTIONS 17.06.030, 17.08.030 AND
17.34.010 OF THE TEMECULA MUNICIPAL CODE, PROHIBITING
THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES WITHIN THE CITY
BACKGROUND: In 1996 the California Voters adopted Proposition 215, the
Compassionate Use Act ("Prop 215"), which allowed the use of marijuana for medical purposes
under certain circumstances. Later, the Legislature enacted statues implementing Prop 215. Since
that time, advocates of medical marijuana have established medical marijuana dispensaries in cities
in California, and the California Supreme Court has stated that Prop 215 makes the possession of
marijuana for medical purposes legal.
However, complicating this issue is the relationship between Federal and State law regarding
medical marijuana. In June 2006, the United States Supreme Court held thatthe Federal Controlled
Substances Act authorizes Federal authorities to prosecute persons who cultivate, possess or
distribute marijuana within the State of California, even if for medical purposes allowed under Prop
215. The United States Supreme Court also held that Congress, under the Commerce Clause of
the United States Consultation, has the authority to prohibit local cultivation and use of marijuana
even though such use and cultivation would be in compliance with California law. The Supreme
Court's decision did not invalidate Prop 215 or the related implementing statues.
Thus, while medical marijuana use appears to be legal under California law, it is clearly illegal under
Federal law and nothing under Prop 215 requires a city to allow medical marijuana dispensaries
within the City's jurisdictional boundaries. Prohibiting medical marijuana dispensaries within the City
of Temecula is a land use decision that does not affect an individual's right to cultivate and possess
marijuana for his or her own medical purposes under Prop 215 and State law.
The Planning Commission heard this issue at the April 5, 2006 public hearing and took testimony
from five individuals in favor of allowing these uses within the City of Temecula. The Planning
Commission discussed the conflicting issues between State and Federal law and the City Attorney
emphasized that the proposed zoning ordinance is a land use decision of the City and that their role
was to make a recommendation on this land use issue to the City Council. The Planning
Commission voted 4:0 to forward staff's recommendation to prohibit medical marijuana dispensaries
within City of Temecula.
Environmental Determination: Staff prepared and circulated a Negative Declaration in accordance
with the requirements of the California Environmental Quality Act. The Negative Declaration
analyzed the potential environmental impacts of this ordinance and determined that there are no
adverse environmental impacts.
FISCAL IMPACT:
None.
ATTACHMENTS:
Proposed City Council Ordinance No. 06- _
Planning Commission Staff Report Dated April 5, 2006
City of Concord Litigation Materials
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING SECTIONS 17.06.030,
17.08.030 AND 17.34.010 OF THE TEMECULA
MUNICIPAL CODE, PROHIBITING THE ESTABLISHMENT
OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE
CITY
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find,
determine and declare that:
A. The Planning Commission considered this Ordinance and the Negative
Declaration on April 5, 2006, at duly noticed public hearings as prescribed by law, at
which time the City Staff and interested persons had an opportunity to, and did testify
either in support or opposition to this matter.
B. At the conclusion of the Commission hearings and after due consideration
of the testimony, the Commission adopted Resolution No. 06-28 recommending
approval of the Ordinance by the City Council.
C. The City Council considered the Ordinance and Negative Declaration on
April 25, 2006, at a duly noticed public hearing as prescribed by law, at which time the
City Staff and interested persons had an opportunity to, and did testify either in support
or opposition to this matter.
D. The proposed Ordinance is consistent with the City's General Plan and
each element thereof.
Section 2. The City Council of the City of Temecula further finds, determines
and declares that:
A. The voters of the State of California approved Proposition 215 (codified as
Health & Safety Code 11362.5 et seq. and entitled The Compassionate Use Act of
1996).
B. The State enacted SB-420 in 2003 (Health & Safety Code Sections
11362.7 to 11362.83) to clarify the scope of the Compassionate Use Act of 1996 and to
allow cities and other governing bodies to adopt and forge rules and regulations
consistent with SB-420.
C. In May 2001 , the United States Supreme Court issued its decision in
United States v. Oakland Buyers' Cooperative and Jeffrey Jones holding that
distribution of medical marijuana is illegal under the CSA and there is no medical
necessity defense allowed under federal law.
D. On June 6, 2005, the Supreme Court issued its decision in Gonzales v.
Raich which held that Congress, under the Commerce Clause of the United States
Constitution, has the authority and, under the Federal Controlled Substances Act 21
USC Section 841 (CSA), power to prohibit local cultivation and use of marijuana even
though it would be in compliance with California law.
E. In light of these decisions, the City Council finds that it would be
inconsistent and contrary to the public health, safety, and general welfare to permit the
establishment of medical marijuana dispensaries, as defined herein, within the City
insofar as to permit such activities may subject the City and/or its officials and
employees to prosecution under federal law and would otherwise constitute illegal
activity under federal law.
F. Until such inconsistency is resolved between the federal and state laws
with respect to medical marijuana, it is the intent of the Council to prohibit medical
marijuana dispensaries within the City of Temecula.
G. Anecdotal evidence indicates that medical marijuana dispensaries are
subject to a significantly higher incidences of burglaries and robberies at the site than
other businesses, robberies of patrons leaving the dispensaries, loitering and nuisance
activities in and around the sites, and persons without medical need attempting to
purchase marijuana at the sites.
H. Neither the Compassionate Use Act nor its implementing legislation
authorizes medical marijuana dispensaries nor requires the City to provide for medical
marijuana dispensaries.
I. This Ordinance is necessary to preserve the public health, safety and
general welfare of the City of Temecula and is not in conflict with the general laws.
J. This Ordinance is consistent with the City's General Plan and each
element thereof.
Section 3. Pursuant to California Environmental Quality Act ("CEQA") and the
City's local CEQA Guidelines, the City Council finds that City staff prepared an Initial
Study of the potential environmental effects of this Ordinance amending the City's
Development Code to prohibit medical marijuana dispensaries (the "Project"). Based
upon the findings contained in that Initial Study, City Staff determined that there was no
substantial evidence that the Project could have a significant effect on the environment
and a Negative Declaration was prepared. Thereafter, City Staff provided public notice
of the public comment period and of the intent to adopt the Negative Declaration as
required by law. The public comment period commenced on March 4, 2006 and expired
on April 3, 2006. Copies of the documents have been available for public review and
inspection at the offices of the Department of Community Development, located at City
Hall, 43200 Business Park Drive, Temecula, California 92589. The City Council has
reviewed the Negative Declaration and all comments received regarding the Negative
Declaration prior to and at the April 25, 2006 public hearing, and based on the whole
record before it, finds that: (1) the Negative Declaration was prepared in compliance
with CEQA; (2) there is no substantial evidence that the Project will have a significant
effect on the environment; and (3) the Negative Declaration reflects the independent
judgment and analysis of the City Council. Based on the findings set forth in this
Section, the City Council hereby adopts the Negative Declaration prepared for the
Project.
Section 4. Section 17.34.010 of the Temecula Municipal Code is hereby
amended to add the definition of "Medical Marijuana Dispensary" to Section 17.34.010
to read as follows:
"Medical Marijuana Dispensary. A facility or location, whether fixed or mobile,
which provides, makes available or distributes marijuana to a primary caregiver,
a qualified patient or a person with an identification card issued in accordance
with California Health and Safety Code Sections 11362.5 et seq."
Section 5. The use matrices of Sections 17.06.030 and 17.08.030 of the
Temecula Municipal Code are hereby amended to establish a Medical Marijuana
Dispensary, as defined in Section 17.34.010 of the Temecula Municipal Code, as a
prohibited use in all zones of the City.
Section 6. If any sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional or otherwise invalid, such decision shall not affect the
validity of the remaining provisions of this ordinance. The City Council hereby declares
that it would have passed this ordinance and each sentence, clause or phrase thereof
irrespective of the fact that anyone or more sentences, clauses or phrases be declared
unconstitutional or otherwise invalid.
Section 7. The City Clerk of the City of Temecula shall certify to the passage
and adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of April , 2006.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 25th day of April 2006,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
STAFF REPO.RT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
TO: Planning Commission
FROM: Dale.West, Associate Planner
DATE: April 5, 2006
SUBJECT: Proposed Zoning Ordinance Prohibiting Medical Marijuana Dispensaries
BACKGROUND
ihe proposed ordinance defines "Medical Marijuana Dispensary" and prohibits such uses in all
zones of the City of Temecula.
In 1996, the California voters adopted Proposition 215, the Compassionate Use Act ("Prop 215"),
allowing the use of marijuana for medical purposes under certain circumstances. Later, the
Legislature enacted statutes implementing Prop 215. Since that time, advocates of medical
marijuana have established medical marijuana dispensaries in retail stores in cities in California in
reliance on Prop 215.The California Supreme Court has stated unequivocally that Prop 215 makes
the possession of marijuana for medical purposes legal. People v. Mower, 28 Cal. 4th 457 (2002).
Nothing in Prop 215, however, requires cities to allow medical marijuana dispensaries.
Further complicating this issue is the relationship between federal and state law regarding medical
marijuana. On June 6, 2005, the United States Supreme Court held in the case of Gonzalez v.
Raich that the Federal Controlled Substances Act authorizes federal authorities to prosecute
persons who cultivate, possess or distribute marijuana solely within the State of California, even if
for medical purposes allowed under Prop 215. The United States Supreme Court also held that
Congress, under the Commerce Clause of the United States Constitution, has the authority to
prohibit local cultivation and use of marijuana even though such cultivation and use would be in
compliance with California law. The Supreme Court's decision, however, did not invalidate Prop 215
or the California statutes implementing it.
Thus, while medical marijuana use appears legal under California law, it is clearly illegal under
Federal law. Many cities worry that by allowing medical marijuana dispensaries they may be aiding
and abetting a violation of federal law. Agents of the Federal Drug Enforcement Agency carried out
a raid on December 20,2005 at the Hopenet medical marijuana dispensary in San Francisco. DEA
Agents have conducted other raids on medical marijuana dispensaries in Northern California since
the U. S. Supreme Court decision in Gonza/es v. Raich.
The City Attorneys Department of the League of California Cities conducted an informal survey in
January 2006 of how cities are dealing with this issue. The Cities of Rocklin, Lincola, Concord,
.Susanville, Pasadena and Fresno have each adopted ordinances prohibiting medical marijuana
dispensaries from operating in their cities. The Concord ordinance only allows a medical marijuana
dispensary in a licensed hospital. All have been sued to invalidate the prohibition on medical
marijuana dispensaries by the Americans for Safe Access, an active group advocating changes in
the laws concerning medical marijuana use. The City of Concord filed a motion to dismiss the
lawsuit on a number of legal grounds, including the fact that Federal law invalidates the State law.
Following this motion, the Plaintiff's dismissed the lawsuit against the City of Concord. The cities of
Dixon, Elk Grove, Fairfax, Santa Cruz, West Hollywood, Berkeley, Oakland, Martinez, Plymouth and
Santa Rosa have each adopted ordinances permitting medical marijuana dispensaries, but regulate
the number of dispensaries and the manner in which they operate. The majority of the cities
participating in the survey have adopted a zoning moratorium on medical marijuana dispensaries
and are waiting for the legal issues to be resolved.
Staff recommends that medical marijuana dispensaries be prohibited in the City of Temecula. At
this time, medical marijuana dispensaries are illegal under Federal law and the persons who operate
them are subject to Federal prosecutions. Efforts are underway by medical marijuana advocates to
change Federal law and regulation. The City's Development Code does not permit other uses which
violate Federal law. If Federal law and regulations change, the City can reexamine the prohibitions
o~ medical marijuana dispensaries.
It is important to note that any City land use decision banning medical marijuana dispensaries within
the City does not affect an individual's right to cultivate and possess marijuana for his or her own
medical purposes under Proposition 215 and state law. The proposed ordinance prohibits only
marijuana dispensaries that provide, make available or distribute medical marijuana to others. An
ordinance prohibiting marijuana dispensaries cannot change the rights granted to patients under
Prop 215 because Prop 215 and the implementing legislation are state statues adopted by initiative.
Persons interested in using marijuana for medical purposes must review Prop 215 to determine the
applicable law and should consult with the Riverside County Sheriffs Department.
ENVIRONMENTAL DETERMINATION
Staff has prepared and circulated a Negative Declaration in accordance with the requirements of the
California Environmental Quality Act. The Negative Declaration analyzed the potential
environmental impacts of this ordinance and determined that there are no adverse environmental
impacts.
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending that the City
Council approve an Amendment to Title 17 of the Temecula Municipal Code.
ATIACHMENTS
1. PC Resolution No. 06-_ - Blue Page 3
Exhibit A - Proposed CC Ordinance No. 06-
2. 'nitial Study and Negative Declaration - Blue Page 4
ATTACHMENT NO.1
PC J;lESOLUTION NO. 06-_
,
.I
PC RESOLUTION NO. 06-_
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING SECTIONS 17.06.030, 17.08.030 AND
17.34.010 OF" THE TEMECULA MUNICIPAL CODE,
PROHIBITING THE ESTABLISHMENT OF MEDICAL
MARIJUANA DISPENSARIES WITHIN THE CITY (PLANNING
APPLICATION PA06-0052)"
Section 1. On April 12, 2005, the City Council of the City of Temecula adopted a
comprehensive update to the City General Plan and Certified the Final Environmental Impact
Report.
Section 2. On January 25, 1995, the City Council of the City of Temecula adopted
the City's Development Code.
Section 3.
The City has identified a need to amend the adopted Development Code.
Section 4. The Planning Commission considered the proposed amendment on April
5, 2005, at a duly noticed public hearing as prescribed by law, at which time the City staff and
interested persons had an opportunity to, an did testify either in support or opposition to this
\ matter.
}
Section 5. Recommendation of Approval. That the City of T emecula Planning
Commission hereby recommends that the City Council adopt an ordinance amending portions
of Title 17 of the Temecula Municipal Code substantially in the form attached to this resolution
as Exhibit A.
Section 6. Environmental Compliance. That the City of Temecula Planning
Commission recommends that t.he City Council finds that City staff prepared an Initial Study of
the potential environmental effects of this Ordinance amending the City's Development Code to
prohibit medical marijuana dispensaries (the "Projecf'). Based upon the findings contained in
that Initial Study, City Staff determined that there was no substantial evidence that the Project
could have a significant effect on the environment and a Negative Declaration was prepared.
Thereafter, City Staff provided public notice of the public comment period and of the intent to
adopt the Negative Declaration as required by law. The public comment period commenced on
March 4, 2006 and expired on April 3, 2006. Copies of the documents have been available for
public review and inspection at the offices of the Department of Community Development,
located at City Hall, 43200 Business Park Drive, Temecula, California 92589. The City Council
review the Negative Declaration and all comments received regarding the Negative Declaration
prior to and at the _, 2006 public hearing, and based on the whole record before it, finds
that: (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no
substantial evidence that the Project will have a significant effect on the environment; and (3)
the Negative Declaration reflects the independent judgment and analysis of the City Council.
R:IOrdinanceslMedical MarijuanalPC\2PC RESOLUTION Attachment 1.doc1
Section 7. PASSED, APPROVED AND ADOPTED by the City of Tehlecula
Planning Commission this 5th day of April 2006.
)
Ron Guerriero, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 06-_ was duly and regularly adopted by the Planning Commission of
the City of Temecula at a regular meeting thereof held on the 5th qay of April, 2006, by the
following vote of the Commission: (
AYES:
PLANNING COMMISSIONERS:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
R:IOrdinanceslMedical MarijuanalPC\2PC RESOLUTION Attachment 1.doc2
EXHIBIT A
PROPOSED CC ORDINANCE 06-_
R:IOrdinances\Medical MarijuanalPC\2PC RESOLUTION Attachment 1.doc3
ORDINANCE NO. 06-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING SECTIONS 17.06.030,
17.08.030 AND 17.34.010 OF THE TEMECULA
MUNICIPAL CODE, PROHIBITING THE ESTABLISHMENT
OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE
CITY
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find,
determine and declare that:
A. The Planning Commission considered this Ordinance and the Negative
Declaration on April 5, 2006, at duly noticed public hearings as prescribed by law, at
which time the City Staff and interested persons had an opportunity to, and did testify
either in support or opposition to this matter;
B. At the conclusion of the Commission hearings and after due consideration
of the testimony, the Commission adopted Resolution No. 06- recommending
approval of the Ordinance by the City Council;
C. The City Council considered the Ordinance and Negative Declaration on
, 2006, at a duly noticed public hearing as prescribed by law, at
which time the City Staff and interested persons had an opportunity to, and did testify
either in support or opposition to this matter;
D. The proposed Ordinance is consistent with the City's General Plan and
each element thereof.
Section 2. Pursuant to California Environmental Quality Act ("CEQA") and the
City's local CEQA Guidelines, the City Council finds that City staff prepared an Initial
Study of the potential environmental effects of this Ordinance amending the City's
. Development Code to prohibit medical marijuana dispensaries (the "Project"). Based
upon the findings contained in that Initial Study, City Staff determined that there was no
substantial evidence that the Project could have a significant effect on the environment
and a Negative Declaration was prepared. Thereafter, City Staff provided public notice
of the public comment period and of the intent to adopt the Negative Declaration as
required by law. The public comment period commenced on March 4, 2006 and expired
on April 3, 2006. Copies of the documents have been available for public review and
inspection at the offices of the Department of Community Development, located at City
Hall, 43200 Business Park Drive, Temecula, California 92589. The City Council has
reviewed the Negative Declaration and all comments received regarding the Negative
Declaration prior to and at the , 2006 public hearing, and based on
R:\Ordinances\Medical Marijuana\P03Tem Medical Marijuana Dispensary Ordiance.DOC
I
the whole record before it, finds that: (1) the Negative Declaration was prepared in
compliance with CEQA; (2) there is no substantial evidence that the Project will have a
significant effect on the environment; and (3) the Negative Declaration reflects the
independent judgment and analysis of the City Council. Based on the findings set forth
in this Section, the City Council hereby adopts the Negative Declaration prepared for
the Project.
Section 3. Section 17.34.010 of the Temecula Municipal Code is hereby
amended to add the definition of "Medical Marijuana Dispensary" to Section 17.34.010
to read as follows:
"Medical Marijuana Dispensary. A facility or location, whether fixed or
mobile, which provides, makes available or distributes marijuana to a
primary caregiver, a qualified patient or a person with an identification card
issued in accordance with California Health and Safety Code Sections
11362.5 et seq."
Section 4. The use matrices of Sections 17.06.030 and 17.08.030 of the
. Temecula Municipal Code are hereby amended to establish a Medical Marijuana
Dispensary, as defined in Section 17.34.010 of the Temecula Municipal Code, as a
prohibited use in all zones of the City.
Section 5. If any sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional or otherwise invalid, such decision shall not affect the
validity of the remaining provisions of this ordinance. The City Council hereby declares
that it would have passed this ordinance and each sentence, clause or phrase. thereof
irrespective of the fact that anyone or more sentences, clauses or phrases be declared
unconstitutional or otherwise invalid.
Section 6. The City Clerk of the City of Temecula shall certify to the passage
and adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
PASSED, APPROVED AND ADOPTED this
day of
2006.
ATTEST:
Ron Roberts,
Mayor
Susan Jones, MMC
City Clerk
R:\Ordinances\Medical Marijuana\PC\3Tem Medical Marijuana Dispensary Orruance.DOC
2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF TEMECULA )
I, Susan Jones, MMC, City Clerk of the City of Temecula, do hereby certify
that the foregoing Ordinance No. 06-_ was duly introduced and placed upon its first
reading at a regular meeting of the City Council on the day of ,
2006, and that thereafter, said Ordinance was duly adopted and passed at a regular
meeting of the City Council on the day of , 2006 by the
following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
) City Clerk
R:\Ordinances\Medical Marijuana\P03Tem Medical Marijuana Dispensary Ordiance.DOC
3
ATfACHMENT NO.2
INITIAL STUDY AND NEGATIVE DECLARATION
i,
City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
- ) Environmental Checklist
Proiect Title Medical Marijuana Ordinance
Lead Agency Name and Address City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Contact Person and Phone Number Dale West, Associate Planner
(951) 694-6400
Proiect Location Citywide
Proiect Soonsor's Name and Address Citv of Temecula
General Plan Desicnation Citvwide
Zonina Citywide
Description of Project An ordinance amending the City's Municipal Code defining "Medical
Marijuana Dispensary" and prohibiting such use in all zones of the
Citv of Temecula.
Surroundina Land Uses and Settinq Citywide
Other public agencies whose approval None .
is reauired
.,~)
R:IOrdinanceslMedical MarijuanalCEQA INITIAL STUDY.doc
i.
Environmental Factors Potentially Affected !J
The environmental factors checked b.elow would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics Mineral Resources
Aariculture Resources Noise
Air Qualitv Population and HousinQ .
Bioloaical Resources Public Services
Cultural Resources . Recreation
GeoloQY and Soils T ransportation/T raffic
Hazards and Hazardous Materials Utilities and Service Systems
Hvdroloay and Water Qualitv Mandatorv Findinos of Sionificance
Land Use and PlanninQ ./ None
Determination
(To be completed by the lead agency)
.
On the basis of this initial evaluation:
I find thatthe proposed project COULD NOT have a significant effect on the environment, and a
./ NEGATIVE DECLARATION will be prepared.
I firid that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because revisions in the project have been made by or agreed to'by
the proiect proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is reauired.
I find thatthe proposed project MAY have a "potentially significant impact" or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in
an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on. the earlier analysis as described on attached sheets. An ENVI RONMENT AL
IMPACT REPORT is required, but it must analvze on Iv the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequat~ly in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed proiect, nothino further is required.
,
)
)
~AJJ:A .
Sig ature
~ -d--f --0 &,
Date
. DaleWest. Associate Planner
Printed name
For
City of Temecula
R:\Ordinances\Medlcal Marijuana\CEQA INITIAL STUPY.doc
2
1. AESTHETICS. Would the project:
a.
b:
1S:&_~$._a:tt isY :ortr;-:;!/fuwr."aliQi;l~SbM.t,c:e.S:
Have a substantial adverse effect on a scenic vista?
Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic hi hwa ?
Substantially degrade the existing visual character or
uali of the site and its surroundin s?
Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the
area?
~~Jj)~~IIY
Siijill!W~ri'
lfu~~~t
\,.~.T!lan
:$llil!. ~liC.'1\\
JIilLaOt
Ni;l
Jw.aCl
.(
.(
t
c.
.(
d.
.(
Comments:
1.a-d. The proposed Ordinance, prohibiting Medical Marijuana Dispensaries in all zoning districts of the City of
Temecula, will not noticeably affect current views or vistas in this area. No changes or alterations to
scenic vistas, highways or substantial visual areas will occur as a result of this project.
R:IOrdinanceslMedical MarljuanalCEQA INITIAL STUDY.doc
3
2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the California Agricultural LanP'-'
Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation ~
an optional model to use in assessing impacts on agriculture and farmland. Would the project:
'Ffd~littIIY'"
~.ele,..I(~ljy .$J~"IJjQ".~j</.le~S 1;\>$.S,-1"O.
$Jiillifl~a.1 M,!ii.!~tlQh sti1JaifJ:caot No
IssueS.and:SJ.jl:l[}!:lf:linolhform.aUon:S-Q,ur:ce,S rm;;act. Inco orated Imn.act Impact
a. Convert Prime Farmland, Unique Farmland, or Farmland -/
. of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency,
to non-aaricultural use?
b. Conflict with existing zoning for agricultural use, or a -/
Williamson Act contract?
c. Involve other changes in the existing environment which, -/
due to their location or nature, could result in conversion
of Farmland, to non-agricultural use?
Comments:
2.a-c. The proposed Ordinance, prohibiting Medical Marijuana Dispensaries in all zoning districts of the City of
Temecula, will not result in the conversion of any farmland, conflict with existing zoning for agriculture
use or Williamson Act contract, or involve other changes in the existing environment which would result
in conversion of Farmland to non-agricultural uses, as a result no impacts to agricultural resources are
expected to occur.
R:\Ordinances\Medical Marijuana\CEQA INITIAL STUDY.dec
4
~
\
3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality
-') management or air pollution control district may be relied upon to make the following
determinations. Would the project:
F>hliiiillolly
Potentially Signlficaht Uhless Less Than
Significant Mitigation Slgpificant No
1~".$~.,.i>!!\,\W"oQrtIJl.(ll>lMn.filj.J"S(ll{(ll.O$.. ..I""lMI. JrwomoX4te.d Im..aol Imoaol
a. Conflict with or obstruct implementation of the applicable ./
air auality plan?
b. Violate any air quality standard or contribute substantially ./
to an existing or projected air aualitv violation?
c. Result in a cumulatively considerable net increase of any ./
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions which
exceed Quantitative thresholds for ozorie precursors)?
d. Expose sensitive receptors to substantial pollutant ./
concentrations? .
e. Create objectionable odors affecting a substantial number ./
of people?
Comments:
3.a-e. The proposed Ordinance, prohibiting Medical Marijuana Dispensaries in all zoning districts of the City of
Temecula, will not impact or adversely effect air quality as they are minor modifications and
clarifications to the existing Development Code necessary to implement the Code. There are no
i-'\ proposed modifications that will adversely affect air quality. As a result, ho impacts are expected to
! occur.
R:\Ordinmlces\Medical Marijuana\CEQA INITIAL STUDY.doc
5
4. BIOLOGICAL RESOURCES. WOl,lld the project?
..' PO\oQ!!~Jt~ t
Pl\!~i;tli!'Uy 'SI9rifft~t.lt48~less '. teas'Than t
$~,t::::o~nl Mitig~t1on Significant No
. !.'W.",~ . , ' gli..jlj,S."".~, . ..' . "".., 'I'. ..L JD! .d . JillQ,aQ.! . [mO"l
a. Have a substantial adverse effect, either directly or v'
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and
Wildlife Service?
b. Have a substantial adverse effect on any riparian habitat v'
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
c. Have a substantial adverse effect of federally protected v'
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological
interruDtion, or other means?
d. Interfere substantially with the movement of any native v'
. resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or imoede the use of native wildlife nursery sites?
e. Conflict with any local policies or ordinances protecting .{
biological resources, such as a tree preservation policy or
ordinance?
f. Conflict with the provisions of an adopted Habitat . .{
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan? . .
1
J
Comments:
4.a-f. The proposed Ordinance, prohibiting Medical Marijuana Dispensaries in all zoning districts of the City of
Temecula, will not significantly affect important biologic resources. The proposed minor Development
Code Amendments and clarifications are City wide and will not preclude an independent analysis of
biological resources of a site specific development project. Therefore, no impacts are anticipated as a
result of the City wide code amendments and clarifications.
R:IOrd!nancesIMedical MarijuanalCEQA INITIAL STUDY,doc
6
J
,
. . .
5. CULTURAL RESOURCES. Would the project:
-
r . Potentially
PotentiaHy Significant Unless Less Than
IS.$u.i;{S;;alil.d:SJJ~~orti.l1"';jJ}l/;l:wlatiQIl~$'Q:U~'i"''''.s,", swcwcant Miti9..c~~iQn SignlfJoant No
'"~"i In~[n;eJiU;e:d ''''0.01 'moaet
a. Cause a substantial adverse change in the significance of . .('
a historical resource as defined in Section 15064.5?
b. Cause a substantial adverse change in the significance of .('
an archaeoloaical resource pursuant to Section 15064.5?
c. Directly or indirectly destroy a unique paleontological .('
resource or site or uniaue qeoloaic feature?
d. Disturb any human remains, including those interred .('
outside of formal cemeteries?
Comments:
.5.a-d. The proposed Ordinance, prohibiting Medical Marijuana Dispensaries in all zoning districts of the City of
Temecufa, will not adversely affect significant historical resources, archaeological, paleontological or
geological features. No change or modification is being proposed that .would ruin or destroy any
significant feature. The proposed minor Development Code Amendments and clarifications are City
wide and will not preclude an independent analysis of a site specific development project. As a result,
no impacts are anticipated as a result of this project. .
R:IOrdinanceslMedical MarijuanalCEQA INITIAL STUDY.doc
7
6. GEOLOGY AND SOILS. Would the project:
. Iss.ue.S:.aod::Su _ '.ulI.m iI.n~'l.IlD.ti~o;.So.u~.es.,.
a. Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involvin :
i. The rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the area or
based on other substantial evidence of a known fault?
(Refer to Division of Mines and Geology Special
Publication 42.
ii. Stron seismic round shakin ?
Iii. Seismic-related round failure, includin Ii uefaction?
iv. Landslides?
b. Result in. substantial soil erosion or the loss of to soil?
c. Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral
s readin , subsidence, Ii uefaction or colla se?
d. Be located on expansive soil, as defined in Table 18-1-B
of the Uniform Building Code (1994), creating substantial
risks to life or ro e ?
e. Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of
wastewater?
Comments:
PM"-Udlr
".."".Y
Sl[n~~!l.~1
. .lill Ill>t. .
~ef.i$'_TIiran- '\
~iln'ir_1 No
. lOO' ..... .101 ....1
v'
v'
v'
v'
v'
v'
v'
v'
6.a-e. The proposed Ordinance, prohibiting Medical Marijuana Dispensaries in all zoning districts of the City of
Temecula, will not expose people or property to any significant impacts or effects caused by geology or
soils. The amendments are minor modifications and clarifications to the existing Development Code.
Any future development would be subject to the Uniform Building Code and independent environmental
analysis if deemed necessary pursuant to CEQA. As a result, no impacts are expected to occur as a
result of the proposed City wide amendments and clarifications. .
R:IOrdinanceslMedical MarljuanalCEQA INITIAL STUDY.doc
8
,
j
7. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
c-
I Potentially
/ P~W~l1ti,a.lI.y Signlffeanl Unle,ss Less Tha,n
.ls.su.~'$.od.,s'\Jo'Qi!IJj",I"I.im.i!llili1>SJi,,!O.. $i~"ljic.nt Mit!9ii.tio:n $t9.njfic~nt No
"Ihlkact Incciri1btated 1l1JDact' Imoact
a. Create a significant hazard to the public or the ,("
environment through the routine transportation, use, or
disposal of hazardous materials?
b. Create a significant hazard to the public or the . ,("
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c. Emit hazardous emissions or handle hazardous or ,("
acutely hazardous materials, substances, or acutely
hazardous materials, substances, or waste within one-
~Uarter .mile of an existino or proposed school?
d. Be located on a site which is included on a list of ,("
hazardous materials sites compiled pursuant to
. Government Code Section 65962.5 and, as a result,
. . ..
would it create a significant hazard to the public or the
environment?
e. For a project located within an airport land use plan or, ,("
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the .
project result in a safety hazard for people residing or
workinq in.the proiect area?
) For a project within the vicinity of a private airstrip, would ,("
-' the project result in a safety hazard for people residing or
workina in the proiect area?
g. Impair implementation of or physically interfere with an ,("
adopted emergency response plan or emergency
. evacuation plan?
h. Expose people or structurel:; to a significant risk or loss, ,("
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or Where
residences are intermixed with wildlands?
Comments:
7.a-h.
,.
The proposed Ordinance, prohibiting Medical Marijuana Dispensaries in all zoning districts of the City of
Temecula, will not expose area residents to any hazardous or materials not commonly transported
through the City, nor will the proposed amendments and clarifications expose people or structures to a
significant risk or loss involving wildland fires or interfere with an emergency response plan or
evacuation plan. The proposed Development Code Amendments are intended to clarify the intent and
provide minor modifications to the Development Code which currently acknowledges that development
projects must comply with the above environmental hazardous and safety requirements pursuant to
GEQA. As a result, no impacts are expected from this Development Code Amendment.
R:\Ordinances\Medical Marijuana\CEQA INITIAL STUDY.doc
9
8. HYDROLOGY AND WATER QUALITY. Would the project:
..:it
~.,~ .. Sig l.E;!s.s Th.an \
IS$".'<M~s"""o"IO"iliif.)"l1.J"'it;:,.,t!l.s' ...... . \VlWH11 , .' .1 t\i1l>~'. . $Igjlfi!;;jnt N9-.IiQPliGt
l.h-"lit
a. Violate any water quality standards or waste discharge .(
requirements or otherwise substantially degrade water
aualiw? . .
b. Substantially deplete groundwater supplies or interfere .(
. su.bstanlially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate of
pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for
which oermits have been aranted\?
c. Substantially alter the existing drainage Pl'!ttern of the site .(
or area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site? .
d. Substantially alter the existing drainage pattern of the site .(
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or
amount of surface runoff in a manner which would result in
floodinn on- or off-site?
e. Create or contribute runoff water which would exceed .the .(
capacity of existing or planned storm water drainage -
systems or provide substantial additional sources of .
oolluted 'runoff? .
f. Require the preparation of a Water Quality Management .(
Plan?
g. Place housing within a 1 OO-year flood hazard area as .(
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
man? .
h. Place within a 1 OO-year flood hazard area structures which ,/
would imnede or redirect flood flows?
i. Expose people or structures to a significant risk of loss, ,/
injury or death involving flooding, including flooding as a
I result of the failure of a levee or dam?
If. Inundation 6V seiche, tsunami, or mudflow? I ,/
)
Comment:
8.a~j. The proposed Ordinance, prohibiting Medical Marijuana Dispensaries in all zoning districts of the City of
Temecula, will not affect the water quality, drainage patterns, degrade water quality, or increase flood
hazard capacity. The proposed Development Code Amendments and clarifications will not change the
direction of surface or ground water flows. As a result, no impacts are expected to occur.
R:\Ordinances\Medical Marijuana\CEQA INITIAL STUDY.doc
10
9. LAND USE AND PLANNING. Would the project:
~
( ) Potentially
Potentially Significant Unless Less Than
ISSUe<Wla<liSll..i>lliiloiilJ:ifIiiJililalioI11Sotii".. . SigniflGant Mitigation Significant No
. liJitr.li;t JIiCP~\'ij('a.:ted' h".act Ilf!oact
a. Phvsicallv divide an established community? ./
b. Conflict with any applicable land use plan, policy, or ./
regulation of an agency with jurisdiction over the project .
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an environmental
effect?
c. Conflict with any applicable habitat conservation plan or ./
. natural community conservation plan?
Comments:
9.a-c. The proposed Ordinance, prohibiting Medical Marijuana Dispensaries in all zoning districts of the City of
Temecula, will not physically divide an established community, conflict with the applicable land use
plan, policy, or regulation, and does not conflict with any. applicable habitat plans. As a result, no
impacts are expected to occur.
)
R:IOrdinanceslMedical MarijuanalCEQA INITIAL STUDY.doc
11
10. MINERAL RESOURCES. Would the project:
a.
ISlluascall\t$U '"<llliD JIii,!" "ifuf,sQUll<es
Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local
eneral lan, s ecific Ian or other land use Ian?
b.
Comments:
~
\
~~
Inf~,act
.{
.{
1 O.a-b. The proposed Ordinance, prohibiting Medical Marijuana Dispensaries in all zoning districts of the City of
Temecula, will not result in the loss of known mineral resources either locally or at a staie level. The
proposed Development Code Amendments are simply to clarify existing standards within the
Development Code and minor modifications to implement the intent of the Code. As a result, no effects
are expected from this project.
R:\Ordinances\Medical Martjuana\CEQA INITIAL STUDY.doc
12
11. NOISE. Would the project result in:
t '\.
\ J
a.
ISSU.""1i\i>su . ,"Iljb~C ~~k.n\So .
Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan
or noise ordinance, or applicable standards of other
a encies?
Exposure of persons to or generation of excessive
roundborne vibration or roundborne noise levels?
A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
roO ect?
A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the ro'ect?
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
For a project within the vicinity of a private airstrip, would
the project expose people residing or working in the
ro'ect area to excessive noise levels?
b.
c.
d.
e.
f.
I"emf\a~
s., "'~.liO.'l
.il.!!J1
.100'001
~p
:lm:.act
y'
y'
y'
y'
y'
y'
)ornrnents:
11.a-f. The proposed Ordinance, prohibiting Medical Marijuana Dispensaries in all zoning districts of the City of
Temecula and does not include an airport component and therefore, could not expose people to
increased aircraft noise. In addition, the Development Code Amendments and clarifications will not
affect existing or future noise standards as the amendments are intended to provide comprehensive
and consistent implementation of the Code, and will not alter or modify any noise standards or
requirements. As a result, no impacts are expected.
R:IOrdinancesIMedical MarijuanalCEQA INITIAL STUDY.doc
13
12. POPULATION AND HOUSING. Would the project:
,-
'-'. j;~&1>iiltliY 'siii~.~~~s . ~,,~.,'rhil~ (
slliilli,,,,,,,t "Mmgilllbh Sigfliticallt No
. . 1~.Ei.u.es..an,d.$"yPPQrtinaJaf.oEm..a1Ian'SQUr~. .Irona.t. 'n""';;~'at.~ ImnBcl 'mn~",
a. Induce substantial population growth in an area, either -t"
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension
of roads or other infrastructure)?
b. Displace substantial numbers of existing housing, -t"
necessitating the construction of replacement housing
elsewhere?
c. Displace substantial numbers of people, neoessitating the -t"
construction of replacement housina elsewhere?
)
. Comments:
12.a-c. The proposed Ordinance, prohibiting Medical Marijuana Dispensaries in all zoning districts of the City of
Temecula~ will not displace any housing units or local residents, nor are they expected to induce
substantial population growth in the area. The minor modifications and clarifications are intended, in
part, to allow larger secondary dwelling units which will help with the housing needs in the City. As a
result, no impacts are expected to occur.
R:\Or~'nan.es\Medi.al MarijuanalCEQA INITIAL STUDY.doc
.14
~
f-
\
13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated
with the provision of new or physically altered governmental facUities, need for new or physically
Itered governmental facilities, the construction of which could cause significant environmental
Impacts, in order to maintain acceptable service ratios, response times or other performance
objectives for any of the public services:
Potenti<;llly
Roteotta11y Si9flj.fi~ant '~rifess less Than
l's"..,aod,$uoo.o.rtih,,'I"f.riIlafi.~$~.u(.es. S:tgnmq~bt Mitilili:lJib:n SfQ'niiJdal'lt No
1fj,~~~1> Ino.,bbrilte.d Jrri";aot. tml'l,act
a. Fire orotection? "
b. Police protection? "
c. Schools? "
d. Parks? "
e. Other oublic facilities? "
Comments:
13.a-e. The proposed Ordinance, prohibiting Medical Marijuana Dispensaries in all zoning districts of the City of
Temecula, will not affect the demand for, or adversely effect, public services. Given the fact that the
application is for minor Development Code amendments and clarifications of existing standards, no
impacts are expected from this project.
\
}
R:\OrdioanceslMedical Marijuana\CEQA INITIAL STUDY.doc
15
14. RECREATION. Would the project:
a.
.ISS"""i'l'So ..dlii"i'ltl11aioThSo' ~J'
Increase the use of existing neighborhood and regional
parks or other recreational facilities such that substantial
physical deterioration of the facility would occur or be
accelerated?
Include recreational facilities or require the construction
or expansion of recreational facilities which might have an
adverse h sical effect on the environment?
b.
Comments:
)
v'
14.a-b. The proposed Ordinance, prohibiting Medical Marijuana Dispensaries in all zoning districts of the City of
Temecula, will not affect. the demand for, or adversely effect, recreational facilities. No change or
modification r.egarding parks or recreational facilities is being proposed as part of this application. As a
result, no impacts are expected as a result of this project.
R:\Ordinances\Medical Marijoana\CEQA INITIAL STUDY.doc
16
f
\
15. TRANSPORTATIONfTRAFFIC. Would the project:
-
) '. ...... .. ...."'~~~
.f1011lmllil11y' .Sigiiifj~'ti.ll1.- less . -ke:S~:1Fh'an
J.s~~anlil;SJj.~.ilfird.'fll~iiliiMi1'tl{.Uf,,~ < ... "./ . SWwWit' Miti2atioh . stine.ant No
.' '.' r"~t.. Inol>"ib:.!1i'~d. ..a~" I",..c,
a. 'Cause an increase in traffic which is substantial in .'
relation to the existing traffic load and capacity of the
street system (Le., result in a substantial increase in
either the number of vehicle trips, the volume to capacity
ration on roads, or conaestion at intersections)?
b. Exceed, either individually or cumulatively, a level of .'
service standard established by the county congestion
manallement aaency for desianated roads or highways?
c. Result in a change in air traffic patterns, . including either .'
an increase in traffic levels or a change in location that
results in substantial safety risks? .
d. Substantially increase hazards due to a design feature .'
(e.g., sharp curves or dangerous intersections) or .
incompatible uses le.a., farm equipment)?
e. Result in inadeauate emeraency access? .'
f. Result in inadequate parkina capacitv? .'
g. Conflict with adopted policies, plans, or programs .'
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)? . ". .
..- Comments:"
r4s.a_g. The proposed Ordinance, prohibiting Medical Marijuana Dispensaries in all zoning districts of the City of
Temecula, will not impact area circulation. The intent of the proposed minor modifications and
clarifications are intended to provide clarity and consistency with the existing standards and
requirements of the Development Code. As a result, no impac::ts are expected to occur.
R:IOrdinanceslMedical MarijuanalCEQA INITIAL STUDY. doc
17
16. UTILITIES AND SERVICE SYSTEMS. Would the project:
P01erili,l1Iy '. ,-
.1
,
PotentiaUy- Sigrllliqant-Unless Le.ss Than " ,
1....ul<$;."~,S.u"".ain"tJ"l.i1i>.tJ"o,spi'",.., Slgnifi.Gant "Mitigation Slgnifieant No
Imoo.. IQeQrri.QEatftd 'm.act 'm."'"
a. Exceed wastewater treatment requirements of the' .{
aoolicable Reaional Water QualitY Control Board?
b. Require or result in the construction of new water or .{
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
c. Require or result in the construction of new storm water .{
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
d. Have sufficient water supplies available to serve the .{
project from existirig entitlements and resources, or are
new or exnanded entitlements needed?
e. Result in a determination by the wastewater treatment .{
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
f. Be served by a landfill with sufficient permitted capacity to .{
accommodate the nroiect's solid waste disnosal needs?
g. Comply with federal, state, and local statutes and .( I
reaulations related to solid waste?
)
Comments:
16.a-g. The proposed Ordinance, prohibiting Medical Marijuana Dispensaries in all zoning districts of the City of
Temecula, will not affect public utilities or service systems as it is not a part of the proposed
amendments or clarifications. Therefore, no impacts are expected from this project.
\
.'
R:\Ordloaoces\Medical Marijuaoa\CEQA INITIAL STUOY.doc
18
17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project:
)
a.
b.
c.
ISI'l.ue:s"andiS.u " ,';rllljnlffifi:jJl1i~UQhr:S~tlJt.e.$" ~ "'
Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate
a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major periods of
California histo . or rehisto ?
Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
ro'ects, and the effects of robable future ro'ects?
Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directl or indirect! ?
Comments:
Lelisl'f:!_I:ln
. .~J,~nJUi:~#1
IlI]".l
No
..IIll'llJ>i'
-I"
-I"
-I"
17.a-c The proposed Ordinance, prohibiting Medical Marijuana Dispensaries in all zoning districts of the City of
Temecula, to not have the potential to degrade the quality of the environment, habitat or result in
adverse effects on human beings either directly or indirectly. . The intent of the project is to provide
consistency within the Development Code, remove ambiguity and. make minor modifications to
implement the intent of the ,standards and regulations within the Development Code. Therefore, no
adverse effect will result to the environment, habitat or human beings.
18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR,
or other CEQA process, one or more effects have been adequately analyzed,in an earlier EIR or
negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following
on attached sheets. .
a. Earlier anal ses used. Identif earlier anal ses and state where the are available for review.
b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope
of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed b miti ation measures based on the earlier anal sis.
c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and
the extent to which the address site-s ecific conditions for the ro'ect.
SOURCES
1. . City of Temecula General Plan.
City of Temecula General Plan Final Environmental Impact Report.
R:IOrdinanceslMedical MarljuanalCEQA INITIAL STUDY,doc
19
HANSON BRIDGETT MARCUS VLAHOS & RUDY, LLP
THOMAS B. BROWN - SBN 104254
2 AMELIA MIAZAD - SBN 224200
425 Market Street, 26th Floor
3 San Francisco, CA 94105
Telephone: (415) 777-3200
4 Facsimile: (415) 541-9366
tbrown@hansonbridgett.com
5
Attorneys for Defendant
6 CITY OF CONCORD
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8
9
10
II AMERICANS FOR SAFE ACCESS, .
STEPHEN DeANGELO, and ANDREW
12 GANN, .
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA, MARTINEZ
13 Plaintiff,
14 v.
No. C-05-02148
NOTICE OF DEFENDANT CITY OF
CONCORD'S DEMURRER TO
PLAINTIFFS' FIRST AMENDED
COMPLAINT
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19 TO PLAINTIFFS AND TO THEIR ATTORNEYS OF RECORD:
Defendant.
Date:
Time:
Dept.:
Judge
April 6, 2006
8:30 a.m.
30
Honorable Diana Becton-Smith
CITY OF CONCORD,
20 PLEASE TAKE NOTICE that on April 6,2006 at 8:30 a.m., or as soon thereafter as the
21 matter may be heard in Department 30 ofthe above-entitled Court, located at 725 Court Street,
. 22 Martinez, California, Defendant City of Concord ("the City") will and hereby does move this
23 Court for an Order granting, without leave to amend, Defendants' Demurrer to Plaintiffs' First
24 'Amended Complaint and to each cause of action contained therein pursuant to California Code of
25 Civil Procedure sections 430.10 and 435(b).
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NOTICE OF DEFENDANT CITY OF CONCORD'S DEMURRER
TO PLAINTIFFS' FIRST AMENDED COMPLAINT
1237049.1
This Demurrer will be made and is made and based upon the following: this Notice, the
2 accompanying Demurrer, the accompanying Memorandum of Points and Authorities in Support
3 of Demurrer, the accompanying Request for Judicial Notice, on the records and files herein, and
4 on such other matter as the Court may consider at the time of hearing of the Demurrer.
5
6 DATED: February -LL2006
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HANSON BRIDGETT MARCUS VLAHOS
& RUDY, LLP
By;
AMELIA MIAZAD
Attorneys for Defendant
CITY OF CONCORD
- 2 -
NOTICE OF DEFENDANT CITY OF CONCORD'S DEMURRER
TO PLAINTIFFS' FIRST AMENDED COMPLAINT
1237049,1
I HANSON BRIDGETT MARCUS VLAHOS & RUDY, LLP
THOMAS B. BROWN - SBN 104254
2 AMELIA MIAZAD - SBN 224200
425 Market Street, 26th Floor
3 San Francisco, CA 94105
Telephone: (415) 777-3200
4 Facsimile: (415) 541-9366
tbrown@hansonbridgett.com
5
Attorneys for Defendant
6 CITY OF CONCORD
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II AMERICANS FOR SAFE ACCESS,
STEPHEN DeANGELO, and ANDREW
12 GANN,
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA, MARTINEZ
13 Plaintiff, .
No. C-05-02148
CITY OF CONCORD'S DEMURRER TO
PLAINTIFFS' FIRST AMENDED
COMPLAINT
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19 TO PLAINTIFFS AND TO THEIR ATTORNEYS OF RECORD:
Defendant.
Date:
Time:
Dept.:
Judge
April 6, 2006
8:30 a.m.
30
Honorable Diana Becton-Smith
.v.
CITY OF CONCORD,
20 Pursuant to California Code of Civil Procedure section 430. I O(e) Defendant City of
21 Concord demurs to Plaintiffs' First Amended Complaint and all causes of action therein on the
22 ground that Plaintiffs fail to state facts sufficient to constitute a claim for relief for the reasons set
23 forth below.
24 //1
25 11/
26 11/
27 III
28 1/1
DEFENDANT CITY OF CONCORD'S DEMURRER
TO PLAINTIFFS' FIRST AMENDED COMPLAINT
1237077.1
I FIRST CAUSE OF ACTION
2 Violation of California Constitution, Article 11, ~ 7 and Government Code ~ 37100
3
la.
The purported first cause of action fails to state facts sufficient to constitute a
4 claim for violation of California Constitution, Article II, S 7 and Govenunent Code S 37100
5 because the Controlled Substances Act (21 U.S.c. section 801 et seq.)(''the CSA") preempts
6 California State laws pertaining to marijuana.
7
lb.
The purported first cause of action fails to state facts sufficient to constitute a
8 claim for violation of California Constitution, Article II, S 7 and Govenunent Code S 37100
9 because City of Concord Ordinance 05-9 ("the Ordinance") is narrowly drafted and is not
10 preempted by any California State law.
II SECOND CAUSE OF ACTION
12 Violation of California's Fair Employment and Housing Act (Government Code ~ 12955(1))
13
2a.
The purported second cause of action fails to state facts sufficient to constitute a
14 claim for violation of California's Fair Employment and Housing Act (Govenunent Code S
15 12955(1)) ("FEHA") because FEHAonly applies to discrimination in employment or housing and
16 the Ordinance on its face does not in any manner address either housing or employment.
17
2b.
The purported second cause of action fails to state facts sufficient to constitute a
18 claim for violation of FEHA because FEHA does not protect the use or distribution of controlled
19 substances, such as marijuana, that are illegal under federal law.
20 THIRD CAUSE OF ACTION
21. Violation of the Unruh Civil Rights Act (Civil Code ~ 51)
22
3a.
The purported third cause of action fails to state facts sufficient to constitute a
23 claim for violation of the Unruh Civil Rights Act (Civil Code S 51)("Unruh") because Unruh does
24 not apply to legislative enactments by govenunental bodies.
25
3b.
The purported third cause of action fails to state facts sufficient to constitute a
26 claim for violation of the Unruh Civil Rights Act (Civil Code S 51 )("Unruh") because Unruh does
27 not protect the use or distribution of controlled substances, such as marijuana, which is illegal
28 under federal law.
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DEFENDANT CITY OF CONCORD'S DEMURRER
TO PLAINTIFFS' FIRST AMENDED COMPLAINT
1237077.1
I
The purported third cause of action fails facts sufficient to constitute a claim for
3c.
2 violation of the Unruh Civil Rights Act (Civil Code 9 51)("Unruh") because Unruh does not
3 apply where another state law expressly authorizes the Ordinance.
4
3d.
The purported third cause of action fails to state facts sufficient to constitute a
5 claim for violation of Unruh because Unruh only protects arbitrary discrimination and the
6 Ordinance does not constitute arbitrary discrimination.
7
The purported third cause of action fails to state facts sufficient to constitute a
3e.
8 claim for violation of Unruh on behalf of Americans for Safe Access because there is no
9 associational standing under Unruh and Americans for Safe Access lack standing to bring a claim
10 for violation of Unruh.
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DATED: February ~ 2006
HANSON BRIDGETT MARCUS VLAHOS
& RUDY, LLP
By:
ELlA MIAZAD
Attorneys for Defendant
CITY OF CONCORD
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DEFENDANT CITY OF CONCORD'S DEMURRER
TO PLAINTIFFS' FIRST AMENDED COMPLAINT
1237077.1
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HANSON BRIDGETT MARCUS VLAHOS & RUDY, LLP
THOMAS B. BROWN (SBN 104254)
AMELIA MIAZAD (SBN 224200)
425 Market Street, 26th Floor
San Francisco, CA 94105
Telephone: (415) 777-3200
Facsimile: (415) 54 I -9366
tbrown@hansonbridgett.com
amiazad(alhansonbridgett.com
Attorneys for Defendant
CITY OF CONCORD
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA, MARTINEZ
AMERICANS FOR SAFE ACCESS,
STEPHEN DeANGELO, and ANDREW
GANN,
No. C-05-02148
DEFENDANT CITY OF CONCORD'S
MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
DEMURRER TO FIRST AMENDED
COMPLAINT
Plaintiffs,
v.
CITY OF CONCORD,
Date:
Time:
Dept.:
Judge
April 6, 2006
8:30 a.m.
30
Honorable Diana Becton-Smith
Defendant.
. CITY OF CONCORD'S MEMO OF POINTS AND AUTHORITIES
IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT
22284.6/\237507.\
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TABLE OF CONTENTS
Page
1. INTRODUCTION ................................................................................................................1
II. SUMMARY OF CLAIMS AND ARGUMENT ...........................~......................................I
III. STATEMENT OF FACTS .......................~...........................................................................2
IV. ARGUMENT........................................................................................................................3
A.
The City Enjoys Broad Constitutional Police Powers To Pass Ordinances
Prohibiting Conduct Deemed Harmful or Offensive By The City Council
Acting In Its Legislative Capacity. ...........................................................................3
Under The Supremacy Clause of The United States Constitution, The
Federal Controlled Substances Act Preempts The Act And The MMP. ..................3
B.
1.
2.
3.
The Controlled Substances Act.....................................................................4
C.
The CSA Expressly Preempts The Act and the MMP..................................4
The CSA Also Preempts the Act and the MMP Under Conflict
Preemption Principles. ................... ........................ ............................. ..........5
Even If Federal Law Did Not Preempt The Act And The MMP, Plaintiffs'
First Cause of Action Fails Because These State Laws Do Not Preempt the
Ordinance. ...................... ............... ............ ........................... .............................. ....... 7
1.
The Act Is Limited In Scope And Does No More Than Create A
Narrow Exemption From Criminal Prosecution.......................................... 7
2.
The MMP Is Also Limited In Scope, And Does No More Than
Create A Registry Of Qualified Medical Marijuana Users And A
Narrow Exemption From Criminal Prosecution. ..........................................9
3,
The Ordinance Does Not Duplicate Or Contradict The Act Or The
MMP............................................................:................................................9
4.
The Ordinance Does Not Enter A Field That Has Been Occupied
By California State Law. ............................................................................10
Plaintiffs Overstate The Scope Of The Act And The MMP.......................12
5.
D.
Plaintiffs' Second Cause Of Action For Violation of The Fair Employment
And Housing Act Fails Because FEHA Only Applies To Discrimination In
Employment Or Housing, And Also Specifically Excludes The Unlawful
UseOfControlled Substances Such As Marijuana. ...............................................13
1.
FEHA Does Not Apply Because The Ordinance On Its Face Does
Not Apply To Housing Or Employtnent.....................................................13
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CITY OF CONCORD'S MEMO OF POINTS AND AUTHORJTIES
IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT
22284.611237507.1
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2. FEHA Does Not Protect The Use Or Distribution Of Marijuana,
Which Is Illegal Under That Federal Law. .................................................14
E. Plaintiffs' Third Cause Of Action Under Unruh Similarly Fails Because
Unruh, Like FEHA, Does Not Protect The Illegal Use Of Controlled
Substances, And Because The Ordinance Is An Exercise Of Reasonable
Legislative Discretion. .......... ............... ...................... ..................... .............. ......,...14
I. Unruh Applies To Business Establishments, Not To Local
Legislative Bodies.....................................:................................................ .14
2. Unruh Does Not Protect The Use Or Distribution Of Marijuana,
Which Is Illegal Under Federal Law, Nor Does It Apply Where
Another State Law Expressly Authorizes The Ordinance. .........................15
3. The Ordinance Does Not Violate Unruh.Because It Is Not Arbitrary
And Is Based On A Compelling Societal Interest. .....................................15
CONCLUSION ...................................................................................................................15
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CITY OF CONCORD'S MEMO OF POINTS AND AUTHORITIES
IN SUPPORT OF DEMURRER TO COMPLAINT
1237507.1
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TABLE OF AUTHORITIES
Cases
Alfaro v. Terhune,
98 CaI.App.4th 492, 510-11 (2002)..............................................................................................3
Buhl v. Hannigan,
16 Cal.App.4th 1612, 1623-1624 (1993)..............................................................................14,15
Burnett v. San Francisco Police Department,
36 CaI. App. 4th 1177, 1191-1192 (1995)..................................................................................14
Candid Enterprises, Inc. v. Grossmont Union High School District,
39 Cal.3d 878, 885 (1985) ........................................................................................................3,7
Carlin v. City of Palm Springs,
14 Cal.App.3d 706, 711 (1971) .............................;......................................................................3
Chavez v. Superior Court,
123 Cal.App.4th 104, 110 (2004) .................................................................................................8
Citizens for Uniform Laws v. County of Contra Costa,
233 Cal.App.3d 1468, 1473 (1991) ...................................................,..................................13,14
City ofOakiand v. Superior Court,
45 CaI.App.4th 740,.755-756 (1996) ............... ..... ........... ..................... .................... .............. ......3
Galvan v. Superior Court,
70 Cal.2d 851, 859 (1969) ..........................................................................................................10
Gonzales v. Raich,
125 S. Ct. 2195 (2005):.............................................................................................................4,6
Great W. Shows v. County of Los Angeles,
27 Cal.4th 853 (2002) ...........................................................................................................;.....12
Harris v. Capital Growth Investors XIV,
52 CaI.3d 1142, 1168-69 (1991).................................................................................................15
Horton v. City of Oakland,
82 CaI.App.4th 580, 589 (2000) ...........................................................................................10, II'
IT Corp. v. Solano County Bd of Supervisors,
I Cal.4th 81, 93 (1991) ...............................................................................................................11
Jevne v. Superior Court,
35 Cal.4th 935, 950 (2005) ...................,......................................................................................5,
McCullah v. Southern Cal. Gas Co.
82 Cal.App.4th 495, 499 (2000) .................................................................................................14
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CITY OF CONCORD'S MEMO OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT
22284.6/1237507. I
I Morales v. Trans World Airlines, Inc.,
504 V.S. 374, 383 (1992)........ .c........... ........,....... .................. ................... ................. .............. .....4
2
People ex rei. Lungren v. Peron,
3 59 Cal.App.4th 1383, 1394 (1997) ...................................................................................5,6,8,9
4 People v. Mower,
28 Cal.4th 457,470 (2002) .................................................................,.....................................8,9
5
6
7
People v. Trippet,
56 Cal.AppAth 1~32, 1550 (1997) ...............................................................................................8
People v. Urziceanu,
132 Cal.App.4th 747, 769 (2005) ...................................................................................5,8,9,13
8
9
Pernice v. City of Chicago,
237 F.3d 783, 785 (7th Cir. 2001) ..............................................................................................14
10' Schmidt v. Superior Court,
48 Ca1.3d 370, 382-283 (1989)...................................................................................................15
II
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20
21
Schneidewind v. ANR Pipeline Co.,
485 U.S. 293, 299c300 (1988) ......................................................................................................4
Sherwin-Williams Co. v. City of Los Angeles,
4Cal.4th 893,897 (1993) ...........................................................................................7, 10, II, 12
Spanish Speaking Citizens' Found v. Low,
85 Cal. App. 4th 1179, 1240 (2000) ...........................................................................................14
United States v. Oakland Cannabis Buyers' Cooperative,
532 V.S. 483 (200 I )...... ....:..... ......... .............. ................. .... ..........:......... ................. .................. ...5
Valley Vista Services v. City of Monterey Park,
118 Cal.App.4th 881, 888 (2004) ....:............................................................................................9
Viva! International v. Adidas,
134 Cal.AppAth 133, 144 (2005) ..............:..................................................................................5
Statutes
Compassionate Use Act, Health & Safety Code
22 ~11362.5, subd. (b)(I)(C) ..~.............................................................................................................1
23 21 V.S.C. ~ 801..........................................:......................................................................................4
24 21 V .S.C. ~ 873............... ................. ................ ................. ..................... .................. ................. ........ 5
25. 21 V.S.C. ~~ 841(a)(I), 844(a) ..........................................................................................................4
26 . ADA (42 U.S.C. ~ 12101 et seq. ....................................................................................................14.
27 .Cal. Civ. Code~. 51(c) ....................................................................................................................15
28 Health & Safety Code ~ 11362.5 (b)(2).............................:..........................................................1,5
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CITY OF CONCORD'S MEMO OF POINTS AND AUTHORITIES
IN SUPPORT OF DEMURRER TO COMPLAINT'
1237507.1
Health & Safety Code ~ 11362.83 .......................................................,..........................................12
2 Rehabilitation Act of 1973 (29 V,S.C. ~ 701 et seq.).....................................................................14.
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CITY OF CONCORD'S MEMO OF POINTS AND AUTHORlTIES
IN SUPPORT OF DEMURRER TO COMPLAINT
1237507.1
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I.
INTRODUCTION
2 Concerned about drug-related crime and the use of marijuana by those without medical
3 need, the City of Concord ("the City") exercised its broad constitutional police power and enacted
4 Ordinance 05-9 ("the Ordinance") to prohibit most medical marijuana dispensaries within the
5 City. In an effort to avoid any possible conflict with California law, the City narrowly drafted the
6 Ordinance to exempt California state licensed facilities.
7 Plaintiffs claim the Ordinance is preempted by the voter-enacted Proposition 215 and the
8 . subsequent legislatively-adopted Medical Marijuana Program, and that it violates the Fair
9' Employment and Housing and Unruh Acts. Plaintiffs are wrong as a matter of settled law. The
10 City respectfully requests that its demurrer be sustained without leave to amend.
II
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II.
SUMMARY OF CLAIMS AND ARGUMENT
Article XI, section 7. of the California Constitution reserves to cities broad "police power"
to determine how best to protect the public health, safety, morals and general welfare of its
citizens. Aimed at preventing drug-related crimes and the use of marijuana by those without
medical need, the Ordinance is a classic example of the proper exercise of this police power.
Since the Ordinance is narrowly drafted and does not conflict with State law, there is no legal
support for Plaintiffs' challenge to the City's exercise of its police powers here.
Plaintiffs' first cause of action alleges violation of the California Constitution, Article II,
section 7 and Government Code section 37100, which prohibit the enactnient of municipal laws
that conflict with California law. Plaintiffs claim that. the Ordinance conflicts with, and is hence
preempted by Proposition 215, the Compassionate Use Act; Health & Safety Code section
11362.5 ("the Act") and Health & Safety Code section 11362.7 et seq, the Medical Marijuana
Program ("the MMP"). This cause of action fails for two reasons. First, the Act and the MMP
are preempted by federal law since they conflict with the Controlled Substances Act ("the CSA")
which makes the use of marijuana illegal under any circumstances. Second, even if federal law
did not clearly preempt the Act and the MMP, the Ordinance does not duplicate, contradict or
enter into a field fully occupied by the State, and thus is not preempted by the Act or the MMP.
Indeed, in addressing drug-related crime and non-medical marijuana use, the Ordinance does
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CITY OF CONCORD'S MEMO OF POINTS AND AUTHORlTIES
IN SUPPORT OF DEMURRER TO COMPLAINT
1237507.1
exactly what the Act and the MMP expressly allow cities to do.
2 Plaintiffs' second cause of action alleges violation of Cali"fornia's Fair Employment and
3 Housing Act (Government Code S 12955(1)) ("FEHA"): Plaintiffs, two of whom 'allege they are
4 disabled, claim that by enacting the Ordinance, the City prevents them from obtaining
5 "medicine," and thus is discriminating against them in violation of FEHA. This cause of action
6 also fails for two reasons. First, FEHA only applies to discrimination in employment or housing.
7 The Ordinance, however, on its face does not in any manner address either housing or
8 employment. Second, even if FEHA did apply, it does not protect the use or distribution of
9 controlled substances, such as marijuana, that are illegal under federal law.
10 Plaintiffs' third cause of action alleges violation of the Unruh Civil Rights Act (Civil
II Code S 51) ("Unruh"). Plaintiffs again claim that by enacting the Ordinance, the City is violating
12 Unruh by discriminating against them on the basis of their disability. This cause of action fails
13 for two reasons. First, as with the second cause of action under FEHA, it is not discrimination
14 under Unruh for a City to enact an ordinance that prohibits conduct that is both illegal under
15 federal law and expressly authorized by the Act. Second, the Ordinance does not violate Unruh
16 because it is reasonable, not arbitrary. Finally, Plaintiff Americans For Safe Access cannot assert
17 this cause of action because there is no associational standing under Unruh.
18
III. STATEMENT OF FACTS
19 On September 27, 2005, the Concord City Council adopted Ordinance 05-9 prohibiting
20 medical marijuana dispensaries. 1 The Council based its decision on recommendations from
21 medical professionals and the City's Police Department who concluded that these dispensaries are
22 crime-magnets and encourage the use of marijuana by those without medical need?
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I Certified copies of Ordinance 05-9, the staff reports submitted to .the City Council, the Council
Minutes, and the Benched materials presented to the City Council in cOllllection with the adoption
of the ordinance, are attached as Exhibits A, B, C, D, and E respectively, to the accompanying
Request for Judicial Notice. Evidence Code sections 451-452.
2 Dr. Fred J. Von Stieff, the Medical DireCtor of the center for Recovery Drug Unit at the Mt.
Diablo Hospital and Dr. Wendel Brunner, the Director of the Contra Costa County Public Health
Department, provided the City Council with professional medical and public health expertise on
the lack of need for and problems associated with medical marijuana dispensaries. The Concord
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CITY OF CONCORD'S MEMO OF POINTS AND AUTHORITIES
IN SUPPORT OF DEMURRER TO COMPLAINT
1237507.1
I Conscientious of California State laws allowing immunity from criminal prosecution for the use
2 of medical marijuana, the Council specifically exempted facilities licensed by the State, such as
3 clinics, healthcare facilities, residential care facilities, and hospice facilities. (Ordinance 05-9;
4 Concord Municipal Code section 18-330.)
5
6 A.
7
IV.
ARGUMENT
The City Enjoys Broad Constitutional Police Powers To Pass Ordinances
Prohibiting Conduct Deemed Harmful or Offensive By The City Council
Acting In Its Legislative Capacity.
8 Article XI, section 7 of the California Constitution gives cities broad power to "make and
9 enforce within [their] limits all local police, sanitary and other ordinances and regulations..."
10 The legislative "police power" of a city is as broad within the city limits as that of the California
II state legislature. Candid Enterprises, Inc. v. Grossmont Union High School District, 39 Ca1.3d
12 878, 885 (1985). In the exercise of its police power, a city has extensive discretion to declare
13 certain activities harmful to the public health, safety, morals and general welfare. City of
14 Oaklandv. Superior Court, 45 Cal.App.4th 740, 755-756 (1996); Carlin v. City of Palm Springs,
15 14 Cal.App.3d 706, 711 (1971). Courts presume local legislative acts to be valid, and "every
16 intendment is in favor of [their] validity." Alfaro v. Terhune, 98 Cal.App.4th 492,510-11 (2002).
17 The City's broad police power to enact the Ordinance is limited only if the Ordinance were
18 preempted by California law. As we establish below, this is not the case. Indeed, the Ordinance
19 addresses the two concerns the Legislature explicitly anticipated cities would confront: drug-
20 related crime and the use of marijuana by those without medical need. But before we respond to
21 Plaintiffs' flawed argument that the Ordinance violates California law, we first address the more
22 fundamental conclusion that the Act and the MMP themselves are preempted by the CSA.
23 B.
24
Under The Supremacy Clause of The United States Constitution, The Federal
Controlled Substances Act Preempts The Act And The MMP.
25 The Supremacy Clause of Article VI of the United States Constitution grants Congress the
26 power to preempt state law. Under the doctrine of preemption, a federal law can displace state
27
Police Department also weighed in, and stated its opposition to the medical marijuana
28 dispensaries within the City, noting many crime-related problems. (RJN, Exh. D.)
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CITY OF CONCORD'S MEMO OF POINTS AND AUTHORITIES
IN SUPPORT OF DEMURRER TO COMPLAINT
1237507.1
1 law through express preemption, implied preemption, or conflict. preemption. See e.g.
2 Schneidewind v. ANR Pipeline Co., 485 U.S. 293,299-300 (1988). As we discuss below, the
3 CSA preempts these state laws under two of these three tests.
4
1.
The Controlled Substances Act.
5 In 1970, Congress enacted the Comprehensive Drug Abuse Prevention and Control Act.
6 Title II of that Act, the Controlled Substances Act (the "CSA"), 21 U.S.C. 9 801, et seq., imposed
7 a "comprehensive regime to conquer drug abuse and to control the legitimate and illegitimate
8 traffic in controlled substances." To reach these goals, Congress created a regulatory system
9 . making it unlawful to manufacture, distribute, dispense, or possess any controlled substance
10 except in a manner authorized by the CSA. 21 U.S.c. 99 841(a)(1), 844(a). The Supreme Court
II has held that. under the CSA, marijuana has "no currently accepted medical use at all."
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Gonzales v. Raieh, 125 S. Ct. 2195 (2005) (emphasis added).
The CSA contains the following language revealing Congress' intent to preempt
conflicting state law:
Application of State Law. No provIsIOn of .this title shall be
construed as indicating an intent on the part of the Congress to
occupy the field in which that provision operates, including
criminal penalties, to the exclusion of any State law on the same
subject matter which would otherwise be within the authority of the
State, unless there is a positive conflict between that provision of
this title and that Slate law so that the two cannot consistently
stand together. (21 D.S.C. 903, emphasis added.)
2. The CSA Expresslv Preempts The Act and the MMP.
Express preemption exists where Congress enacts an explicit statutory demand that state
law be displaced. See Morales v. Trans World Airlines, Inc., 504 U.S. 374, 383 (1992). The
CSA explicitly demands that state law be displaced when there is a "positive conflict" between
the CSA and state law such that the two cannot consistently stand together. Here, as we discuss
more fully below, there is clearly a positive conflict between the CSA and the Act and the MMP
such that they cannot consistently stand together. In short, because the CSA makes it unlawful to
manufacture, distribute, or possess marijuana for any reason whatsoever, while the Act and the
MMP create a qualified defense from criminal prosecution under California State law, the Act
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and the MMP are conflict with the plain terms of the CSA and are expressly preempted.3
TheCSA Also Preempts the Act and the MMP Under Conflict Preemption
Principles.
Conflict preemption arises under two circumstances: (1) when it is impossible for a
3.
private party to comply with both federal and state law; or (2) under the circumstances of [ a]
particular case, [the challenged state law] stands as an obstacle to the accomplishment and
execution of the full purposes and objectives of Congress. See e.g. Jevne v. Superior Court,
35 Cal.4th 935, 950 (2005); Viva! International v. Adidas, 134 Cal.App.4th 133, 144 (2005). The
CSA preempts these state laws under both circumstances.
The CSA makes it a federal crime to cultivate, possess and/or distribute marijuana for any
reason. People ex rel. Lungren v. Peron, 59 CaI.App.4th 1383, 1394 (1997). As the Supreme
Court noted in United States v. Oakland Cannabis Buyers' Cooperative, 532 U.S. 483 (2001), the
CSA lists marijuana as a Schedule 1 drug, which means that marijuana has no currently accepted
medical use. 532 U.S. at 491. The Act and the MMP, on the other hand, purport to allow some
persons to cultivate, possess and distribute marijuana under some circumstances. The entire
premise of the Act, namely, that there are valid medical pUrposes for marijuana (Health & Safety
Code section 11362.5), is directly at odds with the CSA. Therefore an individual's use or
distribution of medical marijuana under the Act or the MMP necessarily violates the CSA. It is
impossible to comply with both.
The CSA also expressly provides for programs to encourage federal. officials to cooperate
with state and local governmental law enforcement officials for the enforcement of the CSA' s
criminal prohibition against scheduled drugs, including marijuana. 21 U.S.C. S 873. The Act, by
contrast, encourages "the federal and state governments to implement a plan to provide for the
safe and affordable distribution of marijuana to all patients in medical need of marijuana."
SI1362.5, subd. (b)(1)(C); People v. Urziceanu, 132 Cal.App.4th 747, 769 (2005).4
3 The Ninth Circuit recently found express federal preemption based on very similar statutory
language in Olympic Pipe Line Co. v. City o/Seattle, (226) DJDAR 1608. .
4 The Court in Viva! International v. Adidas, supra, emphasized the importance of such a federal
interest in fostering cooperative efforts to promote the purposes of a federal program, and a state
law's inconsistency with such efforts, in finding federal conflict preemption. 134 Cal.App.4th
133 (2005)
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The ballot materials submitted to the voters make explicit that a primary purpose of
Proposition 215 was to circumvent the CSNs proscription against the sale of marijuana:
"Proposition 215 allows patients to cultivate. their own marijuana simply because federal laws
prevent the sale of marijuana, and a state initiative cannot overrule those laws." See People ex
reI. Lungren v. Peron, supra, 59 Cal. App. 4th 1383, 1393.
Gonzales v. Raich also supports the conclusion that the CSA preempts the Act and the
MMP. There in the context of its holding that the purely intrastate use of marijuana under the Act
and the MMP fall within Congress' Commerce Clause power to proscribe under the CSA, the
Court detailed how the Act and the MMP conflict with the goals of the CSA:
Limiting the activity to marijuana possession and cultivation "in
accordance with state law" cannot serve to place respondents'
activities beyond congressional reach. The Supremacy Clause
unambiguously provides that if there is any conflict between federal
and state law, federal law shall prevail. [Citations and text omitted]
That is so even if California's current controls ... are "[e]ffective,"
California's decision (made 34 years after the CSA was
enacted) to impose "stric[t] controls" on the "cultivation and
possession of marijuana for medical purposes," ...,. cannot
retroactively divest Congress of its authority... Indeed, ... urgings
to the contrary would turn the Supremacy Clause on its head. .. .
125 S.Ct. at 2212-2213.
Finally, in determining whether a state law conflicts with a federal law by hindering the
complete accomplishment of the federal law's objective, courts give "considerable weight" to the
views of the federal agency charged with administering the federal law. Jevne v. Superior Court,
supra, 35 Cal.4th 935, 958. The Drug Enforcement Agency ("DEA"), the federal agency charged
with enforcing the CSA, see .e.g., Gonzales v. Raich 125 S.Ct. 2195, 2203, has made clear its
view that state medical marijuana laws like Proposition 215 and the MMP impede its ability to
enforce the CSA. In testimony to Congress, for example, the DEA Deputy Assistant
Administrator testified to Congress that state laws such as Proposition 215 have "caused conflict
and confusion .among the law enforcement community," are "viewed as jeopardizing the
historical cooperation between federal, state, and local drug enforcement officials," and "undercut
enforcement of the Controlled Substances Act." 5
5 See the DEA report to Congress at the DENs website,
http://www.dea.gov/oubs/cngrtestlct032701.htm. Another DEA publication, Speaking Out
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In short, it is impossible to comply with the Act and the MMP, on the one hand, and the
2 CSA on the other. And the Act and MMP plainly stand as an obstacle to the accomplishment of
3 the CSA's purposes and goals. The Act and the MMP are preempted accordingly.
4 C.
5
Even If Federal Law Did Not Preempt The Act And The MMP, Plaintiffs' First
Cause of Action Fails Because These State Laws Do Not Preempt the Ordinance.
6 Plaintiffs' first cause of action claims that the Ordinance conflicts with and is preempted
7 by the Act and the MMP. Whether a local law conflicts with and is preempted by the laws of the
8 State is an issue of law that this Court may decide on demurrer. Candid Enterprises, supra, 9
9 Cal.3d 878, 885.
10 A local law conflicts with state law if it (I) duplicates, (2) contradicts, or (3) enters a field
II which has been fully occupied by state law, whether expressly or by legislative implication.
12 Sherwin-Williams Co. v. City of Los Angeles, 4 CalAth 893, 897 (1993).6 As we discuss below,
13 the Act and the MMP are limited in scope and do no more than create a narrow exception from
14 criminal prosecution and an attendant registration system. The Ordinance, which prohibits
15 medical marijuana dispensaries, does not duplicate, contradict or otherwise enter into a field fully
16 occupied by the State in enacting the Act and the MMP. In fact, the Ordinance was enacted to
17 address the exact issues the Act and MMP expressly allow cities to legislate on: drug-related
18 crime and use of marijuana by those without medical need. Health and Safety Code section
19 11362.5(b )(2). It is not preempted.
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The Act Is Limited In Scope And Does No More Than Create A Narrow
Exemption From Criminal Prosecution.
The Act provides that Health and Safety Code sections 11357 and 11358, which mitke the
Against Drug Legalization, similarly states that agency's concerns vis-a-vis drug legalization
programs, characterizing them as an "attack" on federal drug policy. That publication also may
be found on the website at http://www.dea.gov/demand/speakout/index.html. The City requests
. the Court judicially notice this official report. (Moehring v. Thomas, 126.Cal. App. 4th 1515,
1523 (2005) (websites); Taylor v. Superior Court of Los Angeles County, 24 Cal. 3d 890, 898
(1979) (official report to Congress).)
6 The mere fact the state, in the exercise of its police power, has enacted certain regulations does
not prohibit a municipality from imposing additional requirements, so long as no conflict exists
between the two. (California Rifle and Pistol Association, Inc. v. City of West Hollywood, 66
Cill. App. 4th 1302 (1998).)
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. possession and cultivation of marijuana a crime, "shall not apply to a patient, or to a patient's
primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the
patient upon the written or oral recommendation or approval of a physician." Because the Act
does not refer to any other state law relating to marijuana--including Health and Safety Code
section 11360, proscribing the sale of marijuana, it does not legalize the saleof marijuana to
qualified patients or primary caregivers. People ex rel. Lungren v. Peron, 59 Cal.AppAth 1383,
1389 (1997). Nor does the Act create any exception to Health and Safety Code section 11360's
related proscription against the transportation of marijuana. People v. Trippet, 56 Cal.AppAth
1532, 1550 (1997). The Act (unlike the subsequently-enacted MMP) also does not allow for
collective cultivation and distribution of marijuana. People v. Urziceanu, 132 Cal.AppAth 747,
769 (2005). The Act does not even give a patient absolute immunity from arrest and prosecution
. and only provides limited immunity allowing the patient or primary caregiver to raise a "medical
use" defense to a state criminal prosecution. People v. Mower, 28 Cal.4th 457, 470 (2002);
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Chavez v. Superior Court, 123 Cal.AppAth 104, 110 (2004).
Recently, in People v. Urziceanu, supra, the court summarized the scope of the Act:
These cases teach us that the Compassionate Use Act is a narrowly
drafted statute designed to allow a qualified patient and his or her
primary caregiver to possess and cultivate marijuana for the
patient's personal use despite the penal laws that outlaw these two .
acts for all others. Further, the enactment of the Compassionate Use
Act did not alter the other statutory prohibitions related to
marijuana, including those that bar the transportation, possession
for sale, and sale of marijuana. When the people of this state passed
this act, they declined to decriminalize marijuana on a wholesale
basis. As a result, the courts have consistently resisted attempts by
advocates of medical marijuana to broaden the scope of these
limited specific exceptions. We have repeatedly directed the
proponents of this approach back to the Legislature and the'
citizenry to address their perceived shortcomings with this law.
132 Cal.AppAth at 772-773
25 Finally, the Act expressly anticipates the enactment of additional local legislation. . It
26 provides: "Nothing in this section shall be construed to supersede legislation prohibiting persons
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The MMP Is Also Limited In Scope. And Does No More Than Create A Registrv
OfOualified Medical Mariiuana Users And A Narrow Exemption From Criminal
Prosecution.
4 The MMP, enacted in 2003, is also limited and provides guidelines for qualifying patients
5 and their primary caregivers. The Legislature enacted the MMP because Proposition 215 lacked
6 specificity as to the strength, quality, or quantity of marijuana to be used for medical purposes.
7 People v. Mower, supra, 28 Cal.4th at pp. 471-474. The MMP further extends some of the Act's
8 limited protection from criminal liability. 8 And the MMP provides for a statewide registration
9 program to assist in the implementation of the Act's limited exemption from criminal liability.
10 See People v. Urziceanu, supra, 132 Cal.Appo4th at 782-783. Like the Act, the MMP anticipates
II the enactment of additional local legislation and provides, "Nothing in this article shall prevent a
12 city or other local governing body from adopting and enforcing laws consistent with this article."
13 Health & Safety Code section 11362.83.
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The Ordinance Does Not Duplicate Or Contradict The Act Or The MMP.
3.
Since the Ordinance obviously does not duplicate the Act or the MMP, the first question is
whether the Ordinance "contradicts" those state laws. Local laws contradict state laws if they
"prohibit what the statute commands or commands what it prohibits." Valley Vista Services v.
City of Monterey Park, 118 Cal.Appo4th 881, 888 (2004)(internal citations omitted). Courts only
find contradiction when the state law and a local act "are irreconcilable, clearly repugnant, and
so inconsistent that the two cannot have concurrent operation." Id. (Emphasis added.)
. Because the Ordinance does not seek to legalize anything that the State of California has
7 These concerns, and testimony that such non-medical uses were .common at dispensaries in
other jurisdictions, informed the City Council's decision to enact Ordinance 05-9. (RJN, Exh. C.)
The concern about non-medical marijuana use also has been recognized by the courts. See, e.g.,
People ex reI. Lungren v. Peron, supra, 59 Cal.Appo4th 1383, 1386-1387; Gonzales v. Raich, 125
S.Ct. 2195, 2214 no43.
8 While under Proposition 215 there is a qualified defense only to prosecution for cultivation and
possession, the MMP extends the protections of the Act to possession for sale (911359),
transportation or furnishing marijuana (911360), maintaining a location for unlawfully selling,
giving away, or using controlled substances (911366), managing a location for the storage or
distribution of any controlled substance for sale (911366.5), and limits the provisions declaring a
building used for selling, storing, manufacturing, and distributing a controlled substance to be a
nuisance (9 I ] 570).
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declared unlawful, the question is whether the Ordinance prohibits what the CSA or the MMP
2 command. It does not. The Ordinance cannot be said to contradict the Act and the MMP because
3 it confronts exactly what those laws left to cities to address: drug-related crime and non-medical
4 . marijuana use. Health and Safety Code section 11362.5(b)(2).
5 Even if the Ordinance were not thus expressly authorized by the Act and MMP, as noted
6 above, all the voters intended (and did) when they passed the Act was to allow seriously ill
7 patients and their caregivers to cultivate, possess and use limited amounts of marijuana without
8 fear of criminal liability (at least under California law). . And all the MMP does is create a
9 statewide registry and identification card program, and extend the immunity from criminal
10 prosecution to marijuana sales by collectives. That is it. The Ordinance does not undo this
II exemption from criminal liability or invalidate the statewide registration system, but simply
12 prohibits most medical marijuana dispensaries while exempting most State-licensed facilities. In
13 . no manner may the Ordinance be characterized under the applicable standard as "irreconcilable"
14 with, or "clearly repugnant" to, the Act and the MMP.
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State Law.
The final test for preemption is whether the Ordinance enters a field which has been fully
4. .
occupied by state law, either expressly or by implication. Sherwin-Williams, supra; Galvan v.
Superior Court, 70 CaL2d 851, 859 (1969). Nothing in the Act or the MMP expressly states an
intent to occupy the field of marijuana dispensaries. Thus, the question is whether legislation
providing a limited exemption from criminal liability and a registration program to assist in the
implementation of the exemption constitutes a clear indication of intent to also occupy the field of
marijuana dispensaries sufficient to support a finding of implied preemption Horton v. City of
Oakland, 82 CaLApp.4th 580, 589 (2000). The answer is no.
There is a three-pronged test for determining an intent to impliedly occupy the field: (I)
the subject matter has been so fully and completely covered by general law as to clearly indicate
that it has become exclusively a matter of state concern; (2) the subject matter has been partially
covered by general law couched in such terms as to indicate clearly that a paramount state
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concern will not tolerate further or additional local action; or (3) the subject matter has been
partially covered by general law, and the subject is of such a nature that the adverse effect of a
local ordinance on the transient citizens of the state outweighs the possible benefit to the
municipality. Sherwin-Williams Co., supra, 4 Cal.4th 893,897.9
There is no implied preemptive intent under any of these three prongs because, as many
courts have found, the Act and the MMP do no more than provide limited criminal immunity and
an attendant registration system. They in no manner address whether or to what extent local
governments retain their ability to control or prohibit medical marijuana dispensaries, where, as
here, there are locally-justified concerns over drug-related crimes. It defies logic to conclude, as
do Plaintiffs, that the Legislature intended to strip local governments of their police power merely
by creating a limited exemption from criminal liability, (and a registration system to implement
the exemption).
Indeed, the law is to the contrary. Where, as here, state legislation concentrates on
specific areas and leaves other areas untouched demonstrates "a legislative intent to permit local
governments to continue to apply their police power according to the particular needs of their
communities in areas not specifically preempted." Horton v. City of Oakland, 82 Cal.AppAth
580, 587 (2000). Moreover, it is settled law that courts will not find preemption by implication
when the legislative scheme either permits or recognizes local regulation. IT Corp. v. Solano
County Bd of Supervisors, I Cal.4th 81, 93; Candid Enterprises, 39 Cal.3d 878, 888 (1991).
Here, as set forth above, the Act specifically anticipates local regulation to address the kinds of
problems confronted by the Ordinance, drug-related crime and non-medical use. Health and
Safety Code section I I 362.5(b)(2).
The California Attorney General also has concluded that in enacting the MMP the
Legislature did not intend to fully occupy the field of medical marijuana, because the MMP in
9 Courts approach claims of implied preemption carefully, because by definition they involve
situations in which there is no express preemption. Hence the rule has developed that implied
preemption can properly be found only when the circumstances "clearly indicate" a legislative
intent to preempt." California Rifle & Pistoi Assn. v. City of West Hollywood, 66 Cal. App. 4th
1302,1317 (finding no implied legislative intent to preempt a city's ban on the sale of "Saturday
Night Special" handguns in the face of extensive State laws regulating only the registration,
licensing and many other aspects of firearm distribution)( emphasis added).
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I fact expressly reserves to cities the power to enact "laws consistent with this article" (Health &
2 Safety Code S 11362.83). Thus, the extent of the Legislature's preemptive intention in enacting
3 theMMP was to occupy "a narrower, more specific field of regulation with respect to the use of
4 medical marijuana, namely, the establishment of a registry and identification card program
5 designed to facilitate the prompt identification of qualified patients and their designated primary
6 caregivers." (88 Op. Atty Gen. Cal. 113.)
7 The Supreme Court decision in Great W. Shows v. County of Los Angeles, 27 Cal.4th 853
8 (2002) is apropos. There, the Court was confronted with the argument that state laws regulating
9 the sale of firearms and gun shows preempted a county ordinance prohibiting gun and
10 ammunition sales on county property. In rejecting the preemption argument under the Sherwin-
11 Williams analysis, the Court framed tlie issue as follows: "Does state law compel counties to
12 allow their property to be used for gun shows at which guns and ammunition are. sold? We
13 conclude that it does not." 27 Cal. 4th at 858. In reaching this conclusion, the Court was careful
14 to recognize the limitations in the state gun and gun show regulations, how the County's
15 ordinance in no manner intruded into those narrowly-framed laws, and that under such
16 circumstances the Legislature is presumed not to have intended to limit the local legislative
17 exercise of the constitutional police power.
18 Here, the issue similarly may be framed "Does state law (the Act and the MMP) creating a
19 limited exemption from criminal liability for medical marijuana use compel cities to allow
20 dispensaries at which marijuana is distributed?" As the Supreme Court concluded in Great W.
21 Shows v. County of L.A, the answer here again is "no."
5.
Plaintiffs Overstate The Scope Of The Act And The MMP.
Plaintiffs' First Amended Complaint cites to section 11362.5(b)(l)(A) of the Act as
support for their preemption claim. That section states that one purpose of the Act was "[t]o
ensure that seriously ill Californians have the right to obtain and use marijuana for medical
purposes where that medical use is deemed appropriate and has been recommended by a
physician who has determined that the person's health would benefit from the use of marijuana..."
(First Amended Complaint, page 5, lines 16-18.) In citing that language in support of their
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preemption claim, however, Plaintiffs not only ignore that the Act expressly authorizes the
2 Ordinance (section I 1362.5(b )(2)), they also invite the Court to take a leap of logic that the
3 appellate courts have rejected consistently. It is well-well settled that the act does not entitle
4 dispensaries "to create a stockpile of marijuana that is to be collectively distributed." People v.
5 Urziceanu, supra, 132 Cal.App.4th 747, 768. Indeed, Proposition 215 (unlike the MMP) did not
6 even create a defense to criminal prosecution for such collectives. [d. at 768-769. In short, it
7 now is settled law in California that the Act created no such right.
8 Plaintiffs' Complaint also cites to Urziceanu for the proposition that under the MMP
9 (Health & Safety Code section 11362.775), there now is such a right to form a collective to
10 furnish marijuana to qualified patients that divests cities of their authority to ban dispensaries.
II (First Amended Complaint, page 8, lines 20-23.) Not so. As noted above, the only result of the
12 enactment of Section 11362.775 was to exempt collectives "from criminal sanctions for
13 possession for sale, transportation or furnishing marijuana, maintaining a location for unlawfully
14 selling, giving away, or using. controlled substances, managing a location for the storage,
15 distribution of any controlled substance for sale, and the laws declaring the use of property for
16 these purposes a nuisance." Urziceanu, supra, 132 Cal.App.4th 747, 785. Exempting collectives
17 from criminal liability is hardly, as Plaintiffs assert, tantamount to the creation of an affirmative
. 18 right to engage in such activities where a local government prohibits them. And even if the
19 MMP, in creating an exemption from criminal liability, intended to create some "right," that in no
20 manner constitutes any indication, let alone a "clear" one, that the Legislature also intended to
21 compel cities to allow dispensaries, and thereby divest cities of their long-standing constitutional
22 police power. This is especially so given the Act's and the MMP's express authorization to cities
23 to address the very issues addressed by Concord's Ordinance.
24 D.
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Plaintiffs' Second Cause Of Action For Violation of The Fair Employment And
Housing Act Fails Because FEHA Only Applies To Discrimination In Employment
Or Housing, And Also Specifically Excludes The Unlawful Use Of Controlled
Substances Such As Marijuana.
1.. FEHA Does NotApplv Because The Ordinance On Its Face Does Not Applv To
Housing Or Emplovment.
FEHA applies only to discrimination in employment and housing.
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I Laws v. County of Contra Costa, 233 Cal.AppJd 1468, 1473 (199]). Because the Ordinance on
2 its face does not in any manner involve either housing or employment, FEHA does not apply.
FEHA Does Not Protect The Use Or Distribution Of Mariiuana. Which Is Illegal
Under That Federal Law.
Even if FEHA applied, it does not protect the use or distribution of illegal drugs. FEHA is
2.
modeled on the federal Rehabilitation Act of 1973 (29 U.S.C. S 701 et seq.) and the ADA (42
U.S.C. S 12101 et seq.); courts have held that decisions interpreting those laws are relevant when
interpreting similar provisions of FEHA. McCullah v. Southern Cal. Gas Co. (2000) 82
Cal.AppAth 495, 499. An employer does not violate the ADA by discharging an employee for
. the use ofillegai drugs, even if the employee's violation occurred because ofa disability. Pernice
v. City of Chicago, 237 FJd 783, 785 (7th Cir. 2001). Similarly here, even if the Ordinance
involved housing or employment (it plainly does not), the ADA, and by extension FEHA, do not
require' cities to surrender their constitutional police power to legislate to address harms attendant
to illegal drug use, especially where, as here, the Legislature expressly envisioned that local
agencies would do just that. Health and Safety Code section I I 362.5(b)(2).
E.
Plaintiffs' Third Cause Of Action Under Unruh Similarly Fails Because Unruh, Like
FEHA, Does Not Protect The Illegal Use Of Controlled Substances, And Because The
Ordinance Is An Exercise Of Reasonable Legislative Discretion.lO
unruh Applies To Business Establishments. Not To Local Legislative Bodies.
Unruh on its face applies to certain discriminatory actions against protected classes,
including the disabled. Unruh does not apply to legislative enactments by governmental bodies.
1.
Burnett v. San Francisco Police Department, 36 Cal. App. 4th] 177,1191-1192 (1995); see also
Buhl v. Hannigan, 16 Cal.AppAth 1612, 1623-1624 (1993) (holding that Unruh applies to the
provision of public accommodations by businesses, not to statewide safety legislation);' Spanish
Speaking Citizens' Found v. Low, 85 Cal. App. 4th 1179, 1240 (2000); California Forms of
Pleading and Practice, Volume 11, Civil Rights Discrimination In Business Establishments,
Unruh Civil Rights Act, S 116.13, [3]--Legislative Enactments By Governmental Bodies, p.5.
10 There is no associational standing under Unruh. Therefore, plaintiff Americans for Safe
Access have no standing to bring this cause of action. Midpeninsula Citizens for Fair Housing v.
Westwood Investors, 221 Cal.AppJd 1377, 1383 (199]).
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Unruh Does Not Protect The Use Or Distribution Of Mariiuana, Which Is Illegal
Under Federal Law, Nor Does It Apply Where Another State Law Expressly
Authorizes The Ordinance.
Like FEHA, Unruh specifically excludes illegal conduct from its protection: "This
2.
4 section shall not be construed to confer any right or priyilege on a person that is conditioned or
5 limited by law..." Cal. Ciy. Code section 51(c). Unruh, like FEHA, makes no distinction
6 between federal or state law. As explained above, because the use or distribution of marijuana is
7 illegal under federal law, the City did not violate Unruh by enacting legislation addressing
8 harmful impacts associated with such illegal drug use.
9 Unruh also does not prohibit acts that are expressly permitted by another statute. Schmidt
10 v. Superior Court, 48 Cal.3d 370, 382-283 (1989). Because Health and Safety Code section
II 11362.5(b)(2) explicitly authorizes Concord's Ordinance, Unruh does not apply.
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The Ordinance Does Not Violate Unruh Because It Is Not Arbitrary And Is Based
On A Compelling Societal Interest.
Although Unruh proscribes any form of arbitrary discrimination, certain types of
3.
legislative distinctions are deemed '~reasonable" and, therefore, not arbitrary. See, e.g., Buh/ v.
Hannigan, 16 Cal.App.4th 1612, 1623-24 (1993). Whether the discrimination is arbitrary is a
question of law that can be decided on demurrer. Harris v. Capital Growth Investors XIV, 52
Ca1.3d 1142, 1168-69 (1991).
Plaintiffs' Unruh claim also fails because the Ordinance here, enacted out of a concern for
increased drug-related crime, including the use of marijuana by those without medical need,
likewise is patently reasonable, and thus does not constitute arbitrary discrimination.
V. CONCLUSION
For the foregoing reasons, defendant City of Concord respectfully requests that its
demurrer be sustained without leave to amend.
24
DATED: February /t ,2006
25
26
27
28
B:
T A
Attorneys for Defendant
CITY OF CONCORD
- 15-
CITY OF CONCORD'S MEMO OF POINTS AND AUTHORlTIES
IN SUPPORT OF DEMURRER TO COMPLAINT
1237507.1
I
2
3
4
5
6
7
8
9
10
I I AMERICANS FOR SAFE ACCESS,
STEPHEN DeANGELO, and ANDREW
12 GANN,
HANSON BRIDGETT MARCUS VLAHOS & RUDY, LLP
THOMAS B. BROWN - SBN 104254
AMELIA MIAZAD - SBN 224200
425 Market Street, 26th Floor
Sari Francisco, CA 94105
Telephone: (415) 777-3200
Facsimile: (415) 541-9366
tbrown@hansonbridgett.com
Attorneys fur Derendant
CITY OF CONCORD
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA, MARTINEZ
No. C-05-02148
I3 Plaintiff,
14 v.
[PROPOSED] ORDER GRANTING
DEFENDANT CITY OF CONCORD'S
DEMURRER TO PLAINTIFFS' FIRST
AMENDED COMPLAINT
. 15
16
17
CITY OF CONCORD,
Date:
Time:
Dept.:
Judge
April 6, 2006
8:30 a.m.
30
Honorable Diana Becton-Smith
Defendant.
18 This matter came before the Court upon notice duly and regularly given on the Demurrer
19 to the First Amended Complaint for Declaratory Relief, Preliminary I~unction, And Permanent
. 20 I~unction filed by Plaintiffs Americans For Safe Access, Stephen DeAngelo, and Andrew Gann
21 against Defendant City of Concord ("the City"). Plaintiffs appeared by counsel and defendant
22 appeared by counsel. The Court having reviewed the pleadings filed by the parties, having heard
23 oral argument and good cause appearing, orders as follows:
24 IT IS ORDERED that the City's Demurrer is sustained without leave to amend as to the
25 First Amended Complaint.
26 1/1
27 III
28 11/
[PROPOSED] ORDER GRANTING DEFENDANT CITY OF CONCORD'S
DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT
1237056.1
I IT IS FURTHER ORDERED that Plaintiffs' First Amended Complaint is hereby
2 dismissed with prejudice.
3 IT IS SO ORDERED.
4
DATED:
5
6
7
8
9
10
II
12
13
14
15
16 .
17
18.
19
20
21
22
23
24
25
26
27
28
. , 2006 By:
JUDGE OF THE SUPERIOR COURT
- 2-
[PROPOSED] ORDER GRANTING DEFENDANT CITY OF CONCORD'S
DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT
1237056.1
~
~";'>'L
I
2
HANSON BRIDGETT MARCUS VLAHOS & RUDY, LLP
THOMAS B. BROWN - SBN 104254
AMELIAMIAZAD - SBN 224200
425 Market Street, 26th Floor
San Francisco, CA 94105
Telephone: (415) 777-3200
Facsimile: (4 I 5) 541-9366
tbrown@hansonbridgett.com
3
4
5
Attorneys for Defendant
6' CITY OF CONCORD
7
8
9
10
I I AMERICANS FOR SAFE ACCESS,
STEPHEN DeANGELO, and ANDREW
12 GANN,
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA, MARTINEZ
No. C-05-02148
REQUEST FOR JUDICIAL NOTICE RE
DEFENDANT CITY OF CONCORD'S
DEMURRER TO PLAINTIFFS' FIRST
AMENDED COMPLAINT
13 Plaintiff,
. 14 v.
15
16
17
CITY OF CONCORD,
Date:
Time:
Dept.:
Judge
April 6, 2006
8:30 a.m.
30
Honorable Diana Becton-Smith
Defendant.
18 Pursuant to Evidence Code Sections 45 I and 452, Defendant City of Concord ("the City")
. 19 respectfully requests that this Court take judicial notice of the following:
20
1.
A certified copy of Ordinance 05-9 attached hereto as Exhibit A. Long Beach
21 Equities, Inc. v. County of Santa Cruz, 81 Cal.App.3d 244, 255; fn. 2 (1978).
22
2.
. A certified copy of Staff Report to the City Council dated September 6, 2005 in
23 connection with the adoption of Ordinance 05-9 attached hereto as Exhibit B. Pan Pacific
24 Properties, Inc. v. County of Santa Cruz, 81 Cal.App.3d 244, 255, fn. 2 (1978).
25
3.
Certified copies of Minutes from the City Council meetings of September 6, 2005,
26 September 27, 2005 and October 4,2005 and benched documents submitted to the City Clerk in
27 connection with the adoption of the Ordinance attached hereto as Exhibits C, D and E. Pan
28 Pacific Properties, Inc. v. County of Santa Cruz, 81 Cal.App.3d 244, 255, fn. 2 (1978).
REQUEST FOR mDICIAL NOTICE RE DEFENDANT CITY OF CONCORD'S
DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT
I 23706U
9 DATED: February L, 2006
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
4.
The U.S. Drug Enforcement Administration's Congressional Testimony on
2 March 21, 2001 by Laura M. Nagel, Deputy Assistant Administrator of the Drug Enforcement
3 Administration before the House Committee on Government Reform and The Subcommittee on
4 Criminal Justice, Drug Policy and Human Resources. (www.dea.gov/pubs/cngrtestl032701.htm.)
5 Moehring v. Thomas, 126 Cal. App. 4th ISIS, 1523 (2005) (websites); Taylor v. Superior Court
6 of Los Angeles County, 24 Cal. 3d 890, 898 (1979) (official report to Congress).
7
5.
The DEA publication, Speaking Out Against Drug Legalization.
8 (www.dea.gov/demandlspeakoutJindex.htm) Moehring, supra, 126 Cal.AppAth 1515, 1523.
HANSON BRIDGETT MARCUS VLAHOS
& RUDY, LLP
By:
AMELIA MIAZAD
Attorneys for Defendant
CITY OF CONCORD
-2-
REQUEST FOR JUDICIAL NOTICE RE DEFENDANT CITY OF CONCORD'S
DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT
1237061.1
Exhibit A
o
ORIGJNAL
. 1
LCUZJ
/YIa....- .
City Clerk
ncord, Caiifornla
ORDINANCE NO. 05-9
2 AN ORDINANCE AMENDING CONCORD MUNICII)AL CODE CHAPTER
18, (BUSINESSES AND BUSINESS REGULA nONS), BY ADDING ARTICLE
3 XI (MEDICAL MARIJUANA DISPENSARIES), PROHIBITING THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES WITHIN
4 THE CITY OF CONCORD
6
5 WHEREAS, the City Council 'ldopts this Article bascd upon thc following findings:
7
8
9
10
11
12
13
14
15
16
[7
18
19
20
E.
21
22
23
24
25
F.
A.
The voters of the State of California approved Proposition 215 (codificd as Health &
Safety Code 11362.5 et seg. and entitled The Compassionate Use Act of 1996).
The State enacted SB-420 in 2003 to clarify the scope of the Compassionate Use Act of
B.
1996 and to allow cities and other governing bodies to adopt and forge rules and
c.
regulations consistent with SB-420,
In May 2001, the United Btates Supreme Court issued its decision in United States v.
Oakland Buyers' Cooperative and Jeffrey Jones holding that distribution of medical
marijuana is illegal under the CSA and there is no medical necessity defense allowed
under federal law.
D,
On June 6, 2005, the Supreme Court issued its decision in Gonzales v. Raich which
held that Congress, under the Commerce Clause of the United Stales Constitution, has
the authority and, under the Federal Controlled Substances Act 21. USC Section 841
(CSA), pciwer to prohibit local cultivation and use of marijuana even though it would
be in compliance with California law.
In light of these decisions, the City Council finds that it would be in'consistent and
contrary to the public health, safety, and welfare to permit the establishment of medical
marijuana dispensaries, as defined herein, within the City insofar as to permit such
activities may subject the City and/or its officials and employees to prosecution under
federal law and would otherwise constitute illegal activity under federal law.
26 medical marijuana, it is the intent of the Council to prohibit medical marijuana
Until such inconsistency is resolved between the federal and state laws with respect to
28 . /1
27 dispensaries within the City of Concord.
Ord. No. 05.9
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES
2 HEREBY ORDAIN AS FOLLOWS:.
3 Section 1. Chapter 18 (Businesses and Business Regulations), Article XI (Medical Marijuana
4 Dispensaries), is hereby added to read as follows:
5 Section 18-330. Definitions.
6 "Medical Marijuana Dispensary" or "Dispensary" means any facility or location,
7 whether fixed or mobile, where medical marijuana is made available to or distributed by or
8 distributed to one (I) or more of the following: a primary caregiver, a qualified patient, or a
9 patient with an identification card. All three of these terms are identified in StI;ct accordance
10 with California Health and Safety Code Section 11362.5 et seq. A "medical marijuana
II dispensary" shall not include the following uses, as long as the location of such uses is
12 otherwise regulated by this code or applicable law: A clinic licensed pursuant to Chapter I of
13 Division 2 of the Health and Safety Code; A healthcare facility licensed pursuant to Chapter 2
14 . .0fDivisions 2 of the Health and Safety Code; A facility licensed pursuant to Chapter 2 of
15 Division 2 of the Health and Safety Code; A residential care facility for pel'sons with chronic
J 6 Ii fe-threatening illness licensed pursuant to Chapter 3.0 I of Division 2 of the Health and
17 Safety Code; A residential care facility for the elderly licensed pursuant to Chapter 3.2 of
18 Division 2 of the Health and Safety Code; A residential hospice, or a home health agency
19 licensed pursuant to Chapter 8 of Di vision 2 of the Health and Safety Code, as long as such
20 use complies strictly with applicable law, including but not limited to, Health and Safety Code
21 Section 11362.5 et seq.
22 Section ]8-331. Medical Marijuana Dispensary as a Prohibited Use.
23 A medical marijuana dispensary as defined in Section 18-330 is prohibited in all zones
24 . and no conditional use permit shall be issued therefore.
25 Section 2. Any action or proceeding to attack. review, set aside, void or annul this ordinance
26 must be commenced and service made on the City no later than 90 days after its effective date.
27 Section 3. This Ordinance No. 05-9 shall become effective thirty (30) days following its
28 passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire
Oed. No. 05.9
2
27
28
,I Ordinance, a certified copy of the fuJltext of this Ordinance shall be posted in the office of the City
2 Clerk at least five (5) days plior to its adoption and within fifteen (15) days after its adoption,
3 including the vote of the Council members. Additionally, a summary prepared by the City Attorney's
4 Office shall be published once at least fi ve (5) days plior to Ihe date of adoption of this Ordinance and
5 once within fifteen (15) days after its passage and adoption, including the vote of the
6 Councilmembers, in the Contra Costa Times. a newspaper of general circulation in the City of
7 Concord.
8
9
10 ATTEST:
11
~
"""""-
12
13
14 (Seal)
Mary Rae},Lehman
City Cle~ -
15
16
17
18
Ordinance No. 05-9 was duly and regularly introduced at a regular joint meeting of the City
Council and Redevelopment Agency held on September 6,2005, and was thereafter duly and
regularly passed and adopted at a regular joint meeting of the City Council and Redevelopment
19
Agency held on September 27,2005 by the following vote: .
20
AYES:
NOES:
Counci Imembers - None
Councilmembers - H. Allen, M. Peterson, W. Shinn, S. Bonilla
21
22
ABSTAIN: Councilmembers - None
ABSENT:
Councilmembers - L. Hoffmeister
23
24
I HEREBY CERTIFY that the foregoing is a true and CO'l"ect copy of an ordinance duly ,md
regularly introduced, passed, and adopted by the City Council of the City of Concord, California.
25
26
Ord. No. 05-9
3
Exhibit B
AGENDA rmM No.~~
TO TIlE HONORABLE MA YOR AND COUNCIL:
REPORT TO MA YOR A\'f} COUNCIL
Icalllly \on
i'1Jfumani
f/ SEP<\.. ~
DATF.: September 6,2005
SURmCT: AN ORDINANCE AMENDING CHAIYJ'ER 18 (BUSINESS ANI) BUSINESS
RRGULATIONS) OF THE CONCORD MUNICWAL CODE BY ADDING ARTICLE
XI (MEDICAL MARIJUANA D1SI>ENSARIES) PROHIBITING THE
ESTABLISHMENT OF MEDICAL MARI.JUANA DISPENSARIES WITHIN THE
CITY OF CONCORD
RellOrt in Brief
In 1996, the Calif()miu voters enacted Proposition 215, which protects patients and their primury
caregivers from prosecution under Culifomiu "lW if they possess or culiivate murijuuna to treat serious
illnesses pursuant to a doctor's rccommendution. The State Legislature has enucted implementing legislation
which allows quulitled putients .and caregivers to obtain identificution cards that insulate them from an"Cst for
violations of State Juws 'peltaining to mmijuana. Alihough not exprcssly authotized under these laws, some
businesses have established medical marijuunu dispensaries where quulitled patients und caregivers cun
purchuse mmijuana for medicul use. One such fucility hus been "opened in Concord, and seveml individuals
have contacted the City to inquire about establishing additional dispensmies.
Federal law, howevcr, has long prohibitcd culiivulian, posscssion or disttibution of mmijuana.
Congress has not changed this prohibition despite the pussage of medicul mmijuana laws in several states.
The conflict hetween Fedeml and State law on this subject has created a dilemma for local govemments and
their law enforcement agencies, particularly with regard to medical marijuana dispensaries. Some cities have
allowed these businesses to proliferate with no attempt at regulation. Seveml cities have adopted zoning
moratoria which prevent establishment of these facilities pending further sludy. Others have adopted
ordinances which either establish regulations goveming the number, location and operation standards far these
businesses or prohibit them aliogether.
Although Proposition 2JS has been in effect for almost nine years, there is no indication of an
imminent rcsolution of the clear conflict between Stare and Federal law. This' situation forces local
govemments in Califamiu to consider adopting local ordinances either regularing or prohibiting mcdical
mmijuana dispensaries. City staff recommends that the Council enact an ordinance prohibiting the
establishment of any medical malijuana dispensaries within the City, consistent with Federal law.
A\' ORf)J\,ANCE AMENDING CHAI'TER III (BUSINESS A:-.ID BUSI:\ESS
REGULATIO;>;S) OJ'THE CONCORD MUNICIPAL CODE BY A DOING ARTICLE
Xl (MEDICAL MARI./UANA DISPENSARIES) PROHIBITING THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES WITHIN TilE
CITY OF CONCORD
September 6, 2005
Page 2
Backl!round
Under thc Controlled Substances Act, ennclcd by Congress in 1970, mUlijuana is c1assitied as a
Schedule I controlled Subslance. This classification is based on a determination that mwijuana: (I) has n high
potential for abuse, (2) hils no eUITently accepted usc for medical trcatment, and (3) is not accepted as safe,
even when used under medical supervision. This Federal law makes it illegal to impOlt, manufacture,
diSl!ibute, possess, or use mUlijuana in the United States.
In 1996, the people of the Stnte of C,lifomia passed Proposition 2/5, the Compassionate Use Act,
with the stated intent of ensuling that seliously ill individuals have the light [0 obtain and use malijuana lor
medical purposes when rccommended by a physician. This voter initiative exempts patients and their plim;lry
caregivers from prosecution under State laws that otherwise prohibit the cullivation or possession of
murij uann.
Sholtly after the passage of Proposilion 215, the City Council adopted " moratorium ordinance
prohibiting thcestablishmenl of medical mUlijuana dispensalies pending consideration of zoning regulations
to address this land use. (OrdinaneeNos. 97-8 and 97-11.) This moratolium ordinance expired on July 17,
1998. The State Planning and Zoning Law allows a zoning momtolium to remain in effect for up to two
yenrs, but prohibits the City from enacting a subsequent monltolium ordinance goveming the same subject
mailer. (Govemment Code *65858.)
When medical mUlijuana dispensUlies stwted nppeming in Oakland, Snn Fmncisco, and Santa Cruz,
tbe Fedeml Drug Enforcement Administration (DEA) took an aggressive role to close these businesses as
being in violation of 'fcderal law. This enforcement activity resultcd in a number of significant court
decisions. The tirst of these decisions was Ullited States v. Oakland Cannabis Buyers Cooperative, el "ell.
(2001) 532 U.S. 483. In that case, the United States Supreme Court beld th~t there is no medical necessity
exceplion to the prohibition aguinst possession and use of mu,ijuanu under fedel1ll law even when lhe palient
is "seliously ill" and lacks altemate sources of relief. In People v. Mower (2002) 28 Ca1.4'" 457; the Cali fomi a
Supreme Court held that although Proposition 2/5 exempts qualified individuals from certain State malijuana
laws, it does not gl1lnt an absolute immunity from HIres!. Instead, it provides a limited immunity from
prosecution and may provide a basis for a pretlial motion to set aside an indictment or a defense at trial.
In 2003, tbe State Legislature passed S8 420, which estublishcd lbe Mcdical Marijuana Program.
This legislation creates a voluntary system for qualified patients and their caregivers to obtain idcntitication
cards tbat will insulate tbem from arrest for violalions of Stale law relating to marijuana. It does not exprcssly
autholize establishment of medical malijuana dispensalies.
More recently, the conflict between the Federal Controlled Substances Act and California's
CompassiOnHte Use Act led to the United States Supreme Court decision in Gonza/es v. Raich (2005) 125 S.
Ct. 220 I. In the Raiclt case, federal agents seized and destroyed malijuana plants'that were being grown for
personal medical use. The plaintiffs sued to prohibit enforcement of the Controlled Substances Act (CSA) to.
the eXlent that it intelfered with their medical use of mHliju~na as permitted under California law. Tbe Ninth
Circuit COUlt of Appe~ls held tbat federal law enforccment authorities could nO! enforce the Controlled
AN ORDINANCE AMENDING CHAPTER ]8 (BUS]NESS AND BUSINESS
REGULATIONS) OF THE CONCORD MUNICII'AL CODE BY ADDING ARTICLE
XI (MEDICAL MARIJUANA DISPENSARIES) PROHIIlITING THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE
CITY OF CONCORD
September 6, 2005
Page 3
Substances Act against these individuals because it exceeded the scope of Congressional authority under the.
Commerce Clause of the U.S.COnstilUtion.
The Suprcme COUll reversed, holding that the Commcrcc Clause docs cmpower Congress to prohibit
cultivation or use of marijuana for medical purposes authorizcd by Califomia law. Although the Supreme
COUll'S analysis focuscd nan'Owly on the scope of Congressional authOlity under the Commerce Clause, the
practical significance of this dceision is that Federal law enforcement officers may continue to cnforce Federal
dlug laws against Californians who cultivate or use medical maJijuana. However, the case did not expressly
mle on the question whether Proposition 215 and SB 480 are preempted by Federal law.
Shortly after the Raiclz decision eame down, the State Department of Health Services brietly stopped
issuing medical marijuana identification cards due to concem that issuing such cards might subject its
employees to prosecution for aiding and abetting the possession or cultivation of marijuana in violation of
Federal law. DIIS requested the State Attomey General to provide legal advice on this issue. The Attorney
General responded with a letter advising DHS that its employees were not in danger of federal prosecution
and were still obligatcdtocontinuc ean'ying outthcir statutory duties related to implcmcntation of the mcdical
marijuana identification card program
Notwithstanding the DEA 's enforccmcnt ellons, medical mmijuana dispensaries havc continued 10 be
established, paJlieularly within thc cities of San Francisco, Oakland and Bcrkeley. There is at Icast one
business operating in Concord in the downtown. Therc havc been several infonnal inquilies about
establishing additional medical marijuana dispensmies within the City. This increasing interest may in pan bc
a result of regulatory effons here and in other 10caljUlisdictions.
Discussinn
Based on an infOlmal sUlvey, it appears that several local governments in Northem California al'C
taking action to address medical marijuana dispensaries. The City of Oakland pennits the establishment of
medical marijuana dispensUlies, but limits the total number to four within that City. Similarly, the Cily of
Berkeley recently amended its ordinance to limit the number of pennitted dispensarics to thl'Ce. Other cities
including EI Cenito, Fremont,PinOle and Pleasant Hill have adopted temporary moratoriums in order to
detennine whether and how they will regulate these facilities.
The City of Maninez has an ordinance that pennits and regulates medical marijuana dispensaries
within identified commercial districts. Other cities also regulate the establishment of medical marijuana
distribution facilities. The City of Elk Grove recently adopted an ordinance which contains not only zoning
regulations, but also regulates the operators and employees of these facilities. Alameda County recently
approved a plan to permit three new medical marijuana facilities in specitied locations within the County. The
plan includes background checks and locational restrictions.
AN ORDINANCE A:\1E:\DING CHAPTER ]8 (BUSINESS AND BUSINESS
REGULATIONS) OF THE CONCORD MUNICIPAL CODE BY ADDING ARTICLE
XI (MEDICAL MARl./UANA DlSPENSARlES) PROHIIlITING THE
ESTABLISHMENT OF MEDICAL MARI./UANA DISPENSARIES WITI-IIN TUE
CITY OF CONCOR()
Septcmbcr 6,2005
Page 4
The City of Roseville recently repealed its ordinance which allowed medical marijuana dispensaries to
operate within some pans of the city. On June 22, the City intmduced an ordinance pmhibiting the
cstablishmcnt of medical mwijuana dispensarics and dcclming it a misdcmcanor to violme the ordinancc. Thc
Modesto City Council will consider a proposed ordinance prohibiting medical marijuana dispensaries at its
Scptcmber 6'11 meeting. .
We are aware of four other citics that prohibit thc cstablishmem of medical marijuana dispensalies:
. the cities of Fresno, Lincoln, Rocklin, and Susanville. Fresno has been sued by Americans for Safe Access
and another named plaintiff who contend that the Fresno ordinance violates Proposition 215. In light of the
Raich and CWlIIibis Buyers' Cooperative decisions, we believe that the City of !-'resno will be in a stmng legal
position to successfully defend its ordinance.
Law enforcement agencies have documented that the establishment of medical mUlijuana dispensUlies
can cause adverse secondary effects in the community such as increased crime. Recently a medical marijuana
dispensUlY located in unincorporated San Leandro Was robbed at gunpoint. One of the alleged perpetrators of
. the crime was shot by an. employee and later died.
In City staff's view, Ihe most appropriate response to the proliferation of mcdical malijuana
dispcnswics is to adopt an ordinance prohibiting thcsc facilities entirely within Concord, The possession and
distlibution of marijuana, even for medical purposes, plainly is unlawful under the Federal Controlled
Substances Act. In the absence of a local ordinance, these facilities may continue to be established and
operated, subject to discretionalY enforcement effotlS by Federal authOlities which mayor may not occur.
The alternative of establishing land use and operational regulations for medical marijuana dispensaries would
pUlthe City in the position of approving an activity which violates Federal law.
If Ihc City Council decides to pursue the altemativc of adopting rcgulations limiting, but nOI
prohibiting, establishment of medical mUlijuana businesses, then staff recommends examining measures such
as designating the zoning districts where the facilities are allowed, requiting discretionary review of pmposed
facilities thmugh a use pelmit process, prohibiting establishment within a specified distance from sensitive
uses such as schools, and requiring background checks for operators. Refen'al to a Council Committee for
. funher discussion would be appropriate if Council wishes to consider this alternative. .
Fiscal Inmact
By pennitting medica) marijuana businesses to locate in Concord, the City could gencrate some
minimal revenue in the fonn of business license and sales taxes. The .sale of marijuana is taxable according to
the State Board of Equalization. There would be increased costs in regulating, licensing and processing
background checks on operators and employees of medical marijuana dispensaries. These costs could
potentially be offset by fees.
AN ORDINANCE AMENDING CHAPTER ]8 (BUSINESS AND BUSINESS
REGULATIONS) OF THE CONCORD MUNICIPAL CODE BY ADDING ARTICLE
XI (MEDICAL MARIJUANA DISPENSARIES) PROHIBITING THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE
CITY OF CONCORD
Seplcmbcr 6, 2005
Page 5
Public Contact
The agenda has been.posted as required by Jaw. Individuals requesting special notice of this meeting
have becn given a copy of the agenda and this repon.
Alternative Courses of Action
I. Introduce Ordinance 05-9 prohibiting the establishment of medical marijuana dispensaries within the
Ci ty of Concord.
2. Refer the matter to a Council Committee for the formulation of an ordinance that regulates medical
marijuana dispensaries through land use controls and operational restrictions.
3. Take no action and gi ve funher direction to City staff.
Recommendation for Aetion
Introduce Ordinance 05.9 prohibiting the establishment of medical marijuana dispensaries within the
City of Concord by reading of the title only and waiving further reading thereof.
Prepared by: Mark T. Boehme
AssistaJ1l City Allomey
Lydia E. u Borg
Cily Manager
Reviewed by: Craig Labadie
City Allomey
Enclosure:
Attachment I - Ordinance 05.9
Exhibit C
I
I
I
I certify thet th. 1.1. a true ":r~
Aidocument~~~
~ k:.~Ifef.;k
S .~ ~-'.'Cityofconcord,CaIlfom'a .
REGULAR JOINT MEETING OF THE
CONCORD CITY COUNCIL
AND REDEVELOPMENT AGENCY
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA
SEPTEMBER 6, 2005
The Concord City Council and Redevelopment Agency met in a regular joint meeting on
Tuesday, September 6, 2005 in closed session to confer with Legal Counsel to discuss exposure
to potential litigation against the City pursuant to Government Code Section 54956.9(b): Two
pending claims filed by EaR Legacy Partners 2000 Concord LLC against Concord
Redevelopment Agency and City of Concord. The meeting convened at 5:40 p.m. in the City
Council Conference Room, Mayor/Agencymember Hoffmeister presiding. There were no public
c(lmments. The meet recessed at 6:10 p.m. to reconvene in the Council Chamber.
The Concord City Council and Redevelopment Agency convened in a regular joint
meeting at 6:38 p.m. with Mayor/Agencymember Hoffmeister presiding. The pledge to the flag
was led by Councilmember Shinn. Minutes follow in abbreviated form per Resolution 3361 and
Couneil Minutes of September 26, 1966.
ROLL CALL
COUNCILMEMBERS PRESENT:
Helen Allen, Susan Bonilla, Mark Peterson, Bill Shinn,
Laura Hoffmeister
COUNCILMEMBERS ABSENT:
STAFF PRESENT:
None
Lydia Du Borg, City Manager; Mary Rae Lehman, City
Clerk; Craig Labadie, City Attorney; Mark Deven,
Assistant City Manager; David Livingston, Chief of
Police; Cherie Rosenquist, Director of Human
Resources; Oamar Khan, Director of Public Works-
Maintenance Services; Alex Pascual, Director ot Public
Works-Engineering Services
MEMBERS OF THE AUDIENCE
WHO ADDRESSED COUNCtL:
Joseph V. A. Partansky, Concord; Cary McReynolds.
Concord; Pedro Cruzado, Pitts burg; Isreal Vetez,
Pitts burg; Jeff Jones, Oakland; Brandon Semien,
Pitlsburg; Brian Rodriquez, Concord; Robin Sidhi, .
Concord; Charles Martin, Antioch; Demetrio Ramirez,
Concord; David Bickford, Concord; Kevin Brown,
Concord; Kirk Shelby, Concord; Daryl Bergman,
Concord; Andrew Gann, Concord; JOhn.Harrison;
Concord; Eugene T. Meadows, Concord; William
McPike, Auberry
PUBLIC COMMENT PERIOD
Joseph V. A. Partansky encouraged residents to attend the Civic Engagement series at
the Pleasant Hill Library featuring "California Rising - Life and Times of Pat Brown" which begins
at 7:00 p.m. on September 7, 2005.
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City Council/Redevelopment Agency Minutes
September 6, 2005
ANNOUNCEMENTS
Mayor Hoffmeister announced nine openings on the Commission on Aging, nine
openings on the Community Services Commission, seven openings on the Human Relations
Commission, and three openings on the Parks, Recreation, and Open Space Commission each
with staggered terms, and set Friday, November 4, 2005 as the deadline lor receipt of
applications by the Administrative Services Coordinator.
Mayor Hoffmeister announced the Red Cross and the Salvation Army would be receiving
donations to benefit the Katrina Hurricane victims during the September 17th Thursday Evening
Music and Market Series.
CITY COUNCIL MATTERS
APPROVAL OF MINUTES
2005.
Motion was made by Ailen and seconded by Bonilla to approve the minutes July 19,
AGREEMENT WITH NORTEK - Comouter Aided Disoatch (CADI Svstem
Motionwas made by Ailen and seconded by Bonilla to approve an agreement with Nortek
in an amount not to exceed $50,000 to serve as project manager and to implement a Computer
Aided Dispatch (CAD) System; and to authorize the City Manager to execute the agreement.
Motion passed by unanimous vote of the Council.
AGREEMENT WITH MOTOROLA - Maintenance of Mobile Data ComDuter Hardware
Motion was made by Ailen and seconded by Bonilla to approve an agreement with
Motorola to perform maintenance of hardware for the mobile data computers at a cost of
$117,357.72; and to authorize the City Manager to execute the agreement. Motion passed by
unanimous vote of the Council.
SETTING FOR PUBLIC HEARING _ Concord Boulevard Rezonino
Motion was made by Ailen and seconded by Bonilla to set a public hearing for Tuesday,
September 27, 2005 at 6:30 p.m. in the Council Chamber to consider an application to rezone
three parcels, 3554, 3556, and 3600 Concord Boulevard, from Single Family Residential to
Apartment and Professionai Office District; Assessor Parcel Nos. 113-11 '-051, 113-111-063,
and 114-370-060. Motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION 05-60 - Permit Parkino on Balhan Drive Between Liohtwood Drive
and Park Hiohlands Boulevard
Motion was made by Ailen and seconded by Bonilla to adopt Resolution 05-60 entitled,
"A RESOLUTION AUTHORIZtNG PERMIT PARKING ON BALHAN DRIVE BETWEEN
L1GHTWOOD DRIVE AND PARK HIGHLANDS BOULEVARD," authorizing permit parking on
Balhan Drive between Lightwood Drive and Park Highlands Boulevard. Motion passed by
unanimous vote of the Council.
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ADOPTION OF RESOLUTION OS-58 - Aoprovino the Final Map and Subdivision Aoreement for
Tract 8870, Renaissance Souare Condominiums
Motion was made by Allen and seconded by Bonilla to adopt Resolution 05-58 entitled,
'A RESOLUTION APPROVING THE FINAL MAP FOR SUBDIVISION 8870, ASSESSOR'S
PARCEL NO. 126-062-010," approvin9 the Final Map and Subdivision Agreement for Tract 8870,
Renaissance Square Condominiums, located at 1851 Galindo Street at Willow Pass Road; and
authorizing the City Manager to execute the agreement Motion passed by unanimous vote of the
Council.
ADOPTION OF RESOLUTION 05-59 - Approvlno the Final Map and Subdivision Aareement for
Tract 8819. Granada Glen Subdivision
Motion was made by Allen and seconded by Bonilla to adopt Resolution OS-59 entitled,
'A RESOLUTION APPROVING THE FINAL MAP FOR SUBDIVISION 8819. ASSESSOR'S
PARCEL NO. 114-154-018," approving the Final Map and Subdivision Agreement for Tract 8819,
Granada Glen Subdivision, located at 3989 Concord Boulevard; and authorizing the City Manager
to execute. the agreement. Motion passed by unanimous vote of the Council. .
AW ARD OF CONTRACT - Project 2017. Installation of Heaters at Concord Communllv Pool
The following bid was opened at 10:00 a.m. on July 19, 2005:
Pool Scene, Inc.
$ 80,500
Motion was made by Allen and seconded by Bonilla to award the contract for Project No.
2017, Installation of Heaters at Concord Community Pool, to Pool Scene, Inc. of Sacrament as
the lowest responSible bidder in the amount of $80,500, and to approve a related budget transfer
in the amount of $41,000. Motion passed by unanimous vote of the Council.
ACCEPTANCE OF IMPROVEMENTS - proiect No. 1869. Iron Horse Trail Gap Closure
Motion was made by Allen and seconded by Bonilla to accept improvements for Project
1869, Iron Horse trail Gap Closure (Bancroft/Hookston), constructed by Grade Tech of San
Ramon: and to direetthe City Clerk to file the Notice of Completion. Motion passed by
unanimous vote of the Council.
ADOPTtON OF REZONING ORDtNANCE 05-425.4 - Villa De La Vista
Motion was made by Allen and seconded by Bonilla to adopt Rezoning Ordinance 05-
425.4 entitled, "AN ORDINANCE AMENDING THE ZONING MAP AS FOLLOWS: VILLA DE LA
VISTA REZONING (RZ 04-002) OF PARCEL 132-020-035, COMMONLY KNOWN AS 1491 LA
VISTA AVENUE FROM M-1.8 (MEDtUM DENSITY MULTIPLE RESIDENTIAL) TO PO
(PLANNED DISTRICT). Motion was passed by unanimous vote of the Council.
AMENDED CAPITAL PURCHASE AGREEMENT WITH FIRST 5 CONTACOSTA CHILDREN
AND FAMILIES COMMISSION - Fundlno the First 5 Center Modular Bulldino
Motion was made by Allen and seconded by Bonilla to approve an amendment to the
Capital Purchase Agreement with First 5 Contra Costa Children and Families Commission for
funding of the First 5 Center modular building, and to authorize the City Manager to execute the
agreement amendment. Motion was passed by unanimous vote of the Council.
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City CounciVRedevelopment Agency Minutes
September 6, 2005
AGREEMENT WITH THE CONCORD POLICE OFFICERS ASSOCATION - Removed from the
Calendar
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This item was removed from the calendar at the request of the Concord Police Officers
Association.
AWARD OF CONTRACT - Proieet No. 1284.02. Removal of Barriers to the Mobilitv tmoaired.
Prolect No. 1285.02. Curb. Gutter. and Sidewalk Reoair Prooram. and Proiect No. 2002. Bus
Benches
This item was pulled from the Consent Calendar at the request of Joseph V. A. Partansky
who stated that he would like to see benches installed at loeations other than bus stops.
Motion was made by Bonilla and seconded by Peterson to award a construction contract
in the amount of $160,505 for Project No. 1284.02, Removal of Barriers to the Mobility impaired
(FY 2005.06); Project No. 1285.02, Curb, Gutter, and Sidewalk Repair Program (FY 2005-06);
and Project No. 2002, Bus Benches; to SpenCon Construction, Inc. of Foster City. Motion was
passed by unanimous vote of the Council. .
ADOPTION OF RESOLUTION 05-61 - Offer of Reward
Chief of Police David Livingston presented a report, referencing his memorandum dated
September 6, 2005, regarding a July 24, 2005, ambush attempt on the life of Jose Rosales in the
rear parking lot of the EI Rancho Restaurant and Bar, 1450 Monument Blvd., and requested that
the Council authorize a reward of up to $5,000 for information leading to the arrest and conviction
of the person(s) responsible and further stated that the EI Rancho Restaurant would mateh the
offer.
I
Motion was made by Shinn and seconded by Peterson to adopt Resolution 05-61
entitled, "A RESOLUTION ESTABLISHING A REWARD NOT TO EXCEED $5,000 FOR
INFORMATION LEADING TO THE ARREST AND CONVICTION OF THE PERSON OR
PERSONS RESPONSIBLE FOR THE: ATTEMPTED MURDER OF JOSE ROSALES ON OR
ABOUT JULY 24, 2005." Motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION 05-68 - Namino the Cltv Council as the Local Redevelooment
Authoritv for the Concord Naval Weaoons Station
City Manager Lydia Du Borg presented a report, referring to her memorandum dated
September 6,2005, recommending that the City Council request that the Department of Defense,
through the Office of Eeonomic Adjustment, recognize the City Council of the City of Concord as
the Local Redevelopment Authority (LRA) for the Concord Naval Weapons Station based on the
fact that the portion of the Naval Weapons Station identified for ciosure lies completely within the
jurisdiCtion of the City. She further stated that the City Council, as the duly elected body of the
City of Concord, is the body having zoning authority over the inland portion of the Naval Weapons
Station, and as the LRA, would be responsible for preparing the Reuse Plan for the Concord
Navat Weapons Station.
Motion was made by Allen and seconded by Bonilla to adopt Resolution 05-68 entitled.
"A RESOLUTION REQUESTING THE DEPARTMENT OF DEFENSE, THROUGH THE OFFICE
OF ECONOMIC ADJUSTMENT, TO RECOGNIZE THE CITY COUNCIL OF THE CITY OF
CONCORD AS THE LOCAL REDEVELOPMENT AUTH'ORITY FOR THE CONCORD NAVAL
WEAPONS STATION (PUBLIC LAW 101-510; 32 CFR Part 174; 32 CFR Part 175; 32 CFR Part
176)
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City CouncillRedevelopment Agency Minutes
September 6, 2005
INTRODUCTION OF ORDINANCE 05-8 - Adoption of 2004 California Electrical Code. Title 24
The notice of public hearing was published In the Contra Costa Times on August 17, and
August 23, 2005 and posted In the Civic Center posting cabinet on August 17, 2005.
Building Official Vance Phillips presented a report, referring to. his memorandum dated
September 6,2005, regarding amending Chapter 14, Article VII, Section 14-181 and deleting
sections 14-183 and 14-184 of the Concord Municipal Code. He stated that the City of Concord
was presentiy using the 2001 California Electrical Code and that adoption of the 2004 Eleetrical
Code would allow the public to avail themselves to current health and safety provisions revised
under the new code. .
The public hearing was opened and closed without comment.
Motion was made by Allen and seconded by Shinn to introduce Ordinance 05-8 by
reading of the title only and waiving further reading, entitled "AN ORDINANCE AMENDING
CHAPTER 14, BUILDINGS AND BUtLDING RGULATIONS, ARTICLE VII, ELECTRICAL CODE,
SECTION 14-181 ADOPTION BY REFERENCE OF THE 2004 CALIFORNIA ELECTRICAL
CODE AND DELETING SECTIONS 14-183 AND 14-184 OF THE CONCORD MUNICIPAL
CODE." The City Attorney read the ordinance title. Motion passed by unanimous vote of the
Council.
ADOPTION OF RESOLUTION 05-6042.2 - Amendment to the Master Fees and Charoes _ Park
Land Dedication Fees
The notice of public hearing was published in the Contra Costa Times on August 17, and
August 23, 2005 and posted in the Civic Center posting cabinet on August 17, 2005.
Director of Public Works - Engineering Services Alex Pascual presented a report,
referring to his memorandum dated September 6, 2005, regarding a proposed amendment to the
Master Fees and Charges Resolution to Increase Park Land In-lieu Fees, phasing the overall
increase over a five-year period. He stated tha1 the Quimby Act and AB 1600, two State laws,
gives cities authority to impose the fees and that the Council Committee on Policy Devetopment
and Internal Operations recommended the Increase to meet the park and recreation needs of our
community. He further stated that the City has 26 parkS and had not adjusted the fees since
1994.
The public hearing was opened.
Cary McReynolds, representing Anderson and Bonnifield Law Firm, stated that in his
opinion the fee should be based on park land acquisition costs, not on property values, because
the City will not buy high density land for a park.
The public hearing was closed.
Following comments by the Council, a motion was made by Shinn and seconded by
Hoffmeister to adopt Resolution 05-6042.4, entitled "A RESOLUTION AMENDING THE
RESOLUTION OF FEES AND CHARGES FOR VARIOUS MUNICIPAL SERVICES, ITEM D.29,
PARK LAND IN-LIEU FEES." Motion passed by unanimous vote of the Council.
The Council recessed at 7:40 p.m. and reeonvened at 7:52 p.m.
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City CounciVRedevelopment Agency Minutes
September 6, 2005
JOINT CITY COUNCIU
REDEVELOPMENT AGENCY MATTERS
AW ARC OF CONTRACT - Proiect 2018. Demolition of Redeveiopment Properties. Ceramic
Studio. and Park Restrooms
The following bids were opened at 10:00 a.m. on July 28,2005:
Della Oilfield Service, Inc.
Yelton Company, Inc.
Evans Brothers, Ine.
V.E.M. General Engineering, Inc.
Thomas D. Euchner Co., Inc.
Dunn Landscape Co.
$166,170.00
191,440.55
205,900.00
207,260.00
228.245.00
234,165.00
Motion was made by Shinn and seconded by Bonilla to award a building demolition
eontractln the amount of $166,170 to Delta Oilfield Services, Inc. of Woodland as the lowest
responsible bidder for Project No. 2018, Demolition of Redevelopment Properties, Ceramic
Studio, and Park Restrooms, and approving a related budget transfer in the amount of $211,500.
Motion passed by the following vote of the Council:
AYES: Bonilla, Shinn, Hoffmeister
NOES: None
ABSENT: Allen, Peterson
SETTING FOR PUBLIC HEARING - Amendment of Cisoosition and Development Aoreement-
Concord Redevelopment Aoencv and Leaacv Partners 2273 LLC
. Motion was made by Shinn and seconded by Bonilla set a public hearing on Tuesday,
September 27,2005 at 6:30 p.m. in the Council Chamber to consider the amendment of the
. November 2000 Disposition and Development Agreement between the Concord Redevelopment
Agency and Legacy Partners 2273 LLC by adding a provision eliminating the tax increment
rebate if the project converted to condominiums, and to remove provisions that provide for
deferred participation payments to the Agency. Motion passed by the following vote of the
Council:
AYES: Bonilla, Shinn, Hoffmeister
NOES: None
ABSENT: Allen, Peterson
SETTING FOR PUBLIC HEARING - Emeroencv Mobllehome Rental Assistance Prooram for
Adobe and Diablo Mobilehome Lodoes
Motion was made by Shinn and seconded by Bonilla set a public hearing on Tuesday,
September 27, 2005 at 6:30 p.m. in the Council Chamber to consider the transfer of funds from
Capital Improvement Project No. P1168, Affordable Housing Infrastructure, to Emergency
Mobllehome Rental Assistanee for Adobe and Diablo Mobilehome Lodges, a new project, and
amend the Redevelopment Agency Housing Set.Aside 2005-06 Budget and 10.Year Ptan.
Motion passed by the following vote of the Council:
AYES: Bonilla, Shinn, Hoffmeister
NOES: None
ABSENT: Allen, Peterson
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City CounciVRedevelopment Agency Minutes
September 6, 2005
INTRODUCTION OF ORDINANCE 05.9 - Prooosed Amendment to Concord Municioal Code-
Prohibition of Medical Marijuana Disoensaries
The notice of publie hearing was published in the Contra Costa Times and posted in the
public posting cabinet at the Civic Center on Augusl26, 2005.
Assistant City Attorney Mark Boehme gave a report, referring to his memorandum dated
September 6, 2005, stating that while California voters had enacted Proposition 215 in 1996
allowing qualified patients and caregivers to possess and cultivate marijuana to treat serious
Illnesses pursua"t to a doctor's recommendation, and were Insulated from prosecution under
California's drug laws, the Federal law stili prohibits cultivation, possession, or distribution of
rnariJuana. He cited the position several California cities have taken on the issue of medieal
marijuana dispensaries and proposed the Council introduce an ordinance to prohibit dispensaries
in the City of Concord or option to examine measures which would limit the number of
dispensaries In the City.
Following questions and comments by of the Council, the public hearing was opened.
Joseph V. A. "Joe" Partansky stated his support of having medical marijuana
dispensaries available to patients in their own community and suggested a study be done of the
issue. He also stated that a booklet regarding the benefits of marijuana use to patients entitled,
"Patients in the Crossfire," is available In the public library.
Brandon Semien, Eugene T. Meadows, John Harrison, Andrew Gann, Daryl Bergman,
Israel Velez, Pedro Cruzado, David Bickford, Charles Martin, Robin Sidhl and Brian Rodriquez
each shared personal stories about the health benefits they have obtained by using medical
marijuana and the convenience of having a dispensary near their homes.
Kirk Shetby expressed his concern over the increased traffic at a medical marijuana
dispensary operating near his place of business.
Kevin Brown stated that MariCare, a medical marijuana dispensary operating near his
place of business, had adjusted to the community and that he had not seen any adverse effects
from the operation. .
Jeff Jones, Director of the Oakland Cannabis Buyers Cooperative, reeommended the City
Council postpone any immediate action and consider proper regulation of dispensaries instead of
prohibition.
Demetrio Ramirez, owner of MariCare, a medical marijuana dispensary operating in the
City of Concord without a business license, expressed his desire to be an example of a well run
dispensary In the community, stating that he would like the Council to study the matter in
committee and work out a way for his business to operate legally in the community. In addition.
he answered several questions posed by the City Council about his present operation.
William McPike, attorney at law, shared his opinions and experience with medical
marijuana dispensaries and encouraged the Council set up a committee to study the matter
further.
Cary McReynolds, legal Counsel for MariCare in the relocation of the medical marijuana
dispensary, expressed his opinions about a properly operated dispensary versus the unlawful
acquisition and use of marijuana, and encouraged the Council to carefully look at the issue of
prohibition.
The public hearing was closed
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City CouneillRedevelopment Ageney Minutes
September 6, 2005
Councilmembers Allen and Bonilla suggested the issue of allowing or prohibiting medical
marijuana dispensaries be studied at the committee level.
Councilmember Peterson stated that the law says marijuana use and sales are iliegal.
Councilmember Shinn objected to the fact that a business would operate without support
of a business license, and questioned why pharmacies and medical elinlcs didn't dispense
marijuana. He stated that he supported review of the issue at the committee tevel.
Mayor Hoffmeister expressed her. concern that delaying action on the ordinance to take
the matter to committee would allow others to set up a business In the community and asked City
Attorney Craig Labadie for an opinion. City Attorney Labadie explained that the City had
received Inquiries from others who desired to set up businesses in the community.
A motion was made by Peterson and seconded by Allen to introduce Ordinance 05-9
entitled, "AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE CHAPTER 16
(BUSINESS AND BUSINESS REGULATIONS) BY ADDING ARTICLE XI (MEDICAL
MARIJUANA DISPENSARIES) PROHIBITING THE ESTABLtSHMENT OF MEDICAL
MARIJUANA DISPENSARIES WITHtN THE CITY OF CONCORD," stating that it would stop the
establishment of additional dispensaries.
Following comments by the Council, Councilmember Allen offered a friendly amendment
to the motion, with a second by Bonilla, to allow the two dispensaries currently operating in the
City to continue operations until a review could be conducted, to prohibit the opening of any
additional medical marijuana dispensary businesses In the community, and to bring the
introduced Ordinanee back to the Council for adoption under the normal course of business. The
motion passed by unanimous vote of the Council. .
COUNCIL AND STAFF REPORTS
The Mayor and Councilmembers shared their participation in various community events.
CORRESPONDENCE
a. August 31, 2005 memorandum from City Manager Lydia Du Borg entitled
"Marijuana Dispensaries, Supplemental Information."
b. Information dated September 1, 2005 from Joseph V. A. "Joe" Parlansky enlilled
"Public Hearing, Sept. 6'" to Prohibit All Medical Marijuana Dispensaries."
c. Letter from Gary l. Wheeler, Architect from Arete, fne. regarding Ordinance
amending Chapter 16 Medical Marijuana Dispensaries.
d. Memorandum date September 6, 2005 from David Livingston, Chief of Police,
entitled "Removal of Item 2.m - POA Lease Agreement - 9/6/05 Council
. Agenda."
e. Letter dated September 6, 2005 from Cary McReynolds of Andersen & Bonnilield
Law Firm concerning Item 4.b on the evening's agenda.
f.
Letter dated September 6, 2005 from Cary McReynolds of Andersen & Bonnilield
law Flrm concerning Item 4.c on the evening's agenda.
WebMD Health Material on Marinol submilted by David Bicktord.
g.
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h.
September 6, 2005
Copy of Superior Court Civil Action pleading "Americans For Safe Access and
William McPike, Plaintiffs v. City of Fresno, a municipal corporation, Defendant"
submitted by Joseph Partansky.
i. Copy of United States Ninth Circuit Court of Appeals pleading "Bay Area
Addiction Research and Treatment, Inc; California Detoxification Programs, Inc.;
Aon Kletter, Ph.D.; Vicki Roe; Susan Coe; Rhonda Loe; Ray Doe; Oscar Voe;
Cindy Moe; Robin Poe; Mary Foe;. Plaintiffs-Appellants, v City of Antioch,
Defendant-Appellee" submitted by Joseph Partansky.
j. Voice Mail Correspondence from Margery Kane favoring the ban on cannabis
clubs.
By order of the chair, the meeting was adjourned at 10:20 p.m.
~
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MARK TEASON
COUNCtLMEMBERlAGENCY CHAIR
9
ANNOTATED
AGENDA
REGULAR JOINT MEETING OF THE
CONCORD CITY COUNCIL
AND REDEVELOPMENT AGENCY
Tuesday, September 6, 2005
6:30 p.m. - Council Chamber
1950 Parkside Drive, Concord, CA
5:30 p.m. - City Council Conference Room
I. ROLL CALL
II. CLOSED SESSION
a. Conference with Legal Counsel to discuss significanf exposure to potential
litigation against the City pursuant to Government Code Seetion 54956.9(b).
Two pending claims filed by EQR Legacy Partners 2000 Concord LCC against
Concord Redevelopment Agency and City of Concord.
ACTION: Closed Session held.
6:30p.m. - Council Chamber
ROLL CALL - All Present .
PLEDGE TO THE FLAG - Councilmember Shinn
PUBLIC COMMENT PERIOD
Joseph V. A. Partansky encouraged residents to attend the Civic Engagement series at the
Pleasant Hill Library featuring "California Rising - Life and Times ofPat Brown" whieh
begins at 7:00 p.m. on September 7,2005.
City CouncillRedevelopment Ageney Agenda
September 6, 2005
1. ANNOUNCEMENTS
Announcement - of nine openings on the Commission on Aging, nine openings on the
Community Serviees Commission, seven openings on the Human Relations Commission, and
three openings on the Parks, Recreation, and Open Space Commission each with staggered
terms,and setting Friday, November 4, 2005 as the deadline for receipt of applications by the
Administrative Services Coordinator. Report from Mayor Hoffmeister.
ACTION: Mayor Hoffmeister announced nine openings on the Commission on Aging,
nine openings on the. Conununity Services COmmiSSiOll, seven openings on the Human
Relations Commission, and three openings on the Parks, Recreation, and Open Space .
Commission each with staggered terms, and Set Friday, November 4, 2005 as the
deadline for receipt of applications by the Administrative Services Coordinator.
CITY COUNCIL MATTERS
2. CITY COUNCIL CONSENT CALENDAR
a. Approval of Minutes - ofJuly 19,2005. Recommended by City Clerk.
ACTION: Minutes approved.
b. Approving - an agreement with Nortek in an amount not to exceed $50,000 to
serve as projeet manager and to implement a Computer Aided Dispateh (CAD)
System; and authorizing the City Manager to execute the agreement. .
Recommended by Chief of Police. .
ACTION: Agreement approved; City Manager authorized to execute it.
e. Approving - an agreement with Motorola to penorm maintenance of hardware
for the mobile data computers at a cost of$117,357.72; and authorizing the City
Manager to execute the agreement. Recommended by Chief of Police.
ACTION: Agreement approved; City Manager authorized to execute it.
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City Couneil/Redevelopment Agency Agenda
September 6, 2005
d. Matter to be set for Public Hearing on September 27, 2005 -
Concord Boulevard Rezoning - consideration of an applieation to rezone three
parcels, 3554, 3556, and 3600 Concord Boulevard, from Single Family
Residential to Apartment and Professional Office District. Assessor Parcel
Nos. 113-111-051, 113-111-063, and 114-370-060. Recommended by the
Planning Commission.
ACTION: Public Hearing set for September 27,2005.
e. Approving - authorization for permit parking on Balhan Drive between Lightwood
Drive and Park Highlands Boulevard. Resolution 05-60 for. adoption.
Reeommended by the Direetor of Public Works - Maintenance Serviees.
ACTION: Resolution 05-60 adopted.
f. Approving - Final Map for Renaissance Square Condominiums (Tract 8870),
Assessor's Parcel No, 126-062-0 I 0, approving a Subdivision Agreement for up to
314 condominium units in three buildings at 185] Galindo Street; and authorizing
the City Manager to exeeute the Subdivision Agreen1ent. Resolution 05-58 for
adoption: Reeommended by Director of Public Works - Engineering Services.
ACTION: Resolution OS-58 adopted, approving the map and agreement.
g. Approving - Final Map for Granada Glen SubdiVision (Tract 8819), Assessor's
Pareel No.1 14-154-018, approving the Subdivision Agreement for 7 single-
family residential lots at 3989 Concord Boulevard; and authorizing the City
Manager to exeeute the Subdivision Agreement. Resolution 05-59 for adoption.
Recommended by Director of Public Works - Engineering Serviees. .
ACTION: Resolution OS-59 adopted, approving the map and agreement.
h. Awarding ~ a construetion contract in the amount of $ I 60,505 for Project No.
1284.02, Removal of Barriers to the Mobility Impaired (FY 2005-06); Projeet No.
1285.02, Curb, Gutter, and Sidewalk Repair Program (FY 2005-06); and Project
No. 2002, Bus Benehes; to SpenCon Construction, Ine. of Foster City. Bids were
opened on July 11,2005. Recommended by DireetorofPublie Works-
Engineering Serviees.
ACTION: Award of Contraet approved.
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City CounciVRedevelopment Agency Agenda
September 6, 2005
i. Awarding - a construction eontract in the amount of $80,500 for Project No.
2017, Installation of Heaters at the Concord Community Pool, to Pool Seene, Inc.
of Sacramento as the lowest responsible bidder; and approving a related budget
transfer of $4] ,000. Bids were opened on July 19, 2005. Recommended by
Director of Public Works - Engineering Serviees.
ACTION: Award of Contract approved; Budget Transfer authorized.
j. Accepting - improvements for Project No. 1869, Iron Horse Trail Gap Closure
(Bancroft/Hookston),constructed by Grade Teeh of San Ramon; and directing the
City Clerk to file the Notiee of Completion. Recommended by Director of Publie
Works - Engineering Services.
ACTION: Improvements accepted; Notice of Completion to be f11ed.
k. Adoption of Rezoning Ordinance 05-425.4 - Villa De La Vista - to amend
the zoning designation on a 0.85 acre site loeated at 149] La Vista Avenue
from Medium Density Residential (M-1.8) to Planned District (PD) to
provide for the proposed construction of ] 2 single-family homes: Rezoning
Ordinance introdueed on August 2, 2005. .
ACTION: Ordinance 05-425.4 adopted.
I. Approving - an amended Capital Purchase Agreement with First 5 Contra Costa .
Children and Families Commission for funding of the First 5 Center modular
building; and authorizing the City Manager to exeeute the agreement.
Recommended by Director of Community and Reereation Serviees. .
ACTION: Amendment to. Agreement approved; City Manager authorized
to execukit.
m. Approving - a lease agreement with the Concord Police Officers Association for
use of their firearms range and meeting hall facilities for FlY 05/06 at a cost of
$24,999.96; and authorizing the City Manager to execute the agreement.
Recommended by Chief of Police,
ACTION: This item was removed from the calendar at the request of the
Concord Police Officers Association.
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City Couneil/Redevelopment Ageney Agenda
September 6, 2005
3. CONSIDERATION
a. Consideration - of an offer of a reward of up to $5,000 for information leading to
the arrest and conviction of the person(s) responsible for the attempted murder of
Jose Rosales. Resolution 05-61 for adoption Report from Chief of Police.
ACTION; Resolution 05-61 adopted authorizing the offer of a reward.
b. Consideration - of a request to the Department of Defense, through the Office of
Economic Adjustment, to recognize the Concord City Council as the Local
Redevelopment Authority (LRA) for the Concord'Naval Weapons Station.
Resolution 05-68 for adoption. Report from City Manager.
ACTION: . Resolution 05-68 adopted requesting the Department of Defense,
through the Office of Economic Adjustment, to recognize the Concord City
Council as the Local Redevelopment Authority for the Concord Naval
Weapons Station. .
4. CITY COUNCIL PUBLIC HEARINGS
a. Proposed Amendment to Concord Municipal Code - Adoption of 2004
California Electrical Code, Title 24 - amending Chapter] 4, Article VII, Section
14-18 I and deleting sections ] 4-] 83 and 14-184 of the Concord Municipal Code.
Ordinanee 05-8 for introduction. Report from Chief Building Official Vance
Phillips.
ACTION: Ordinance 05-8 introduced by reading of the title only and waiving
further reading.
b. Proposed Ainendment to the Master Fees and Charges Resolution - Park Land
Dedication Fees - approving increases in Park Land In-lieu fees, phasing the overall
increase over a five-year period. RecOmmended by the Council Committee on Policy
Development and Internal Operations, Item continued from the meeting of July 5,
2005. Data is available for public review at Publie WorkslEngineering Services.
Resolution 05-6042.4 for adoption. Report froin Public WorkslEngineering
Services Director Alex Pascual.
ACTION: Resolution 05-6042.4adopted.
5
City Couneil/Redevelopment Ageney Agenda
September 6, 2005
e. Proposed Amendment to Concord Municipal Code - Prohibition of Medical
Marijuana Dispensaries - amending Chapter 18 (Business and Business
Regulations) by adding Article XI (Medical Marijuana Dispensaries) prohibiting the
establishment of medical marijuana dispensaries within the City of Concord.
Ordinance 05-9 for introduction, Report from Assistant City Attorney Mark
Boehme.
ACTION: Ordinance 05-9 Introduced by reading of title only and waiving'
further reading.
JOINT CITY COUNCILI
REDEVELOPMENT AGENCY MATTERS
5. JOINT CITY COUNCILIREDEVELOPMENT AGENCY CONSENT CALENDAR
a. Awarding - a building demolition contract in the amount of $ 166, I 70 to Delta
. Oilfield Services, Inc. of Woodland as the lowest responsible bidder for Project No.
. 20 I 8, Demolition of Redevelopment Properties, Ceramie. Studio, and Park
Restrooms, and approving a related budget transfer in the amount of$2 I 1,500. Bids
were opened on July 28, 2005. Recommended by Director of Publie Works _
Engineering Services. .
ACTION: Contract awarded; Budget Transfer approved. (3-0-2; Allen,
Peterson Absent)
b. Matters to be.set for Public Hearing on September 27,2005
I) Amendment of November 2000 Disposition and Development
Agreement between the Concord Redevelopment Agency and Legacy
Partners 2273 LLC - to add a provision eliminating the tax increment
rebate if the projeet eonverted to condominiums, .llIid to remove provisions
that provide for defetTed partieipation payments to the Agency. .
Recommended by Director of Planning and Economic Development.
ACTION: Public Hearing set for September 27,2005. (3-0-2;
ADen, Peterson Absent)
6
City CouncilJRedevelopment Ageney Agenda
September 6, 2005
2) Emergency Mobilehome Rental Assistance Program for Adobe and
Diablo Mobilehome Lodges - Transfer of funds from Capital
Improvement Project No. P] 168, Affordable Housing Infrastructure, to
Emergency Mobilehome Rental Assistance for Adobe and Diablo
Mobilehome Lodges, a new projeet, and amend the Redevelopment
Agency Housing Set-Aside 2005-06 Budget and IO-Y ear Plan,
Recommended by Director of Building and Neighborhood Serviees.
ACTION: Public Hearing set for September 27, 2005. (3-0-2; Allen,
Peterson Absent)
6. CORRESPONDENCE
a. August 3 I, 2005 memorandum from City Manager Lydia Du Borg entitled.
"Marijuana Dispensaries, Supplemental Information."
b. Information dated September I, 2005 from Joseph V. A. "Joe" Partansky entitled
"Public Hearing; Sept. 6th to Prohibit All Medical Marijuana Dispensaries."
c. Letter from Gary L. Wheeler, Architect from Arete, Ine, regarding Ordinance
amending Chapter 18 Medieal Marijuana Dispensaries.
d. Memorandum date September 6, 2005 from David Livingston, Chief of Police,
entitled "Removal of Item 2.m - POA Lease Agreement - 9/6/05 Couneil
Agenda."
e. Letter dated September 6, 2005 from Cary MeReynolds of Andersen & Bonnifield
Law Firm coneerning Item 4.b on the evening's agenda.
f. Letter dated September 6, 2005 from Cary McReynolds of Andersen & Bonnifield
Law Firm concerning Item 4.e on the evening's agenda.
g. . WebMD Health Material on Marinol submitted by David Bickford.
h. Copy of Superior Court Civil Action pleading "Americans For Safe Access and
William McPike, Plaintiffs v. City of Fresno, a municipal corporation, Defendant"
submitted by Joseph Partansky. .
i. Copy of United States Ninth Circuit Court of Appeals pleading "Bay Area
Addiction Research and Treatment, Ine; California Detoxification Programs, Ine.;
Ron K1etter, Ph.D.; Vicki Roe; Susan Coe; Rhonda Lae; Ray Doe; Osear Voe;
Cindy Mol'; Robin Poe; Mary Foe;. Plaintiffs-Appellants, v City of Antioeh,
Defendant-Appellee" submitted by Joseph Partansky.
7
City Council/Redevelopment Agency Agenda
September 6, 2005
7. . CLOSED SESSION REPORTS - None
.8. COUNCIL AND STAFF REPORTS
a. Mayor Hoffineister and Councilmember Shinn reported on their recent participations' in
community events. .
9. ADJOURNMENT - at 10:20 p.m.
NOTICE
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and
. orders which require a hearing hy law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on
. the date the decision is final (Code of Civil Procedure Section 1094.6): Further, if you challenge an action taken by the
City Council in court, you may be limited, by California law, including but not limited to Government Code Section
65009, to raising only those issues you or someone else rsised in the public hearing, or in written correspondence
delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a
decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special
meeting (policy and Procedure No.2, Section 4.24), For information on the next regular or special City Council meeting,
please call (925) 671-3495.
NEXT REGULAR CITY C.oUNCIL MEETING: Tuesday, Septemher 13, 200S
MEETING RECORDS
Audio cassette tapes and videotapes of most City Council meetings are available for listening or viewing at the City
Clerk's office. Copies of the videotapes may be purchased. Contact the Community Relations Manager at (925)
671-3272 for further information.
8
. .,c;;>- ~ -- ...
Pot Club (;Ioscs Following Robbery
~ Cannabis News
Inrormlng the public about cannabis
WI'NJ.cannabisne"y.s.com
Posted by CN Staff on J'une ] 4,2002 at ] 6:06:30 PT
By David Scharrenberg, Daily Planet Starr
Source: Berkeley Daily Planet
I C811ffy that fhl.
~ment"'jl,tsJI'"I' .'
Y/l~ . ~~
SEAl. () . cre'"
CIIy of Concord, California
The University A venue medicinal marijuana club that was robbed last week
for the third time in a year closed its doors pennanently Tuesday. "We +
wanted to make sure that we weren't putting patients at risk, and we wanted
to keep neighbors safe," said Berkeley Medieal Herbs office manager Dorrit
Geshuri. .
The elub, which. has attracted a spate of negative publicity with the robberies, was closed
also because the club wanted to protect the medicinal marijuana movement and the other
four pot clubs in town, Geshurj said.
The financial losses incurred in the robberies did not playa role in the closure, she said.
. "I think it's a responsible decision," said City Councilmember Linda Maio, who had vowed
to shut down Medical Herbs after last week's robbery.
The heist took place Wednesday afternoon when two Latino men said they knew owner Ken
Estes then forced their way into the club, brandishing a gun and a knife.
The robbers told everyone to lie on the ground and made off with about $1,500 in cash and
over a pound of marijuana, valued at $3,500.
After a December robbery, neighbors and city officials raised concerns about security on site
and the safety of residents. The club responded by shortening its hours of operation, hiring a
licensed security guard and installing cameras, among other measures.
The club was considering additional measures, Geshuri said, when the June 5 robbery
occurred.
The Medical Herbs ownership announced the closure in a weekly meeting of the Alliance of
Berkeley Patients, an umbrella group for the dispensaries in town.
Don Duncan, who operates Berkeley Patients Group,.another marijuana club, welcomed the
decision.
. "I think in this instance, it's for the best," he said, noting that he would normally be upset
with the move because there is "safety in numbers" for a movement under constant political
pressure.
Duncan said he is pleased that the Medical Herbs management is eommilled to putting
patients in touch with other clubs.
http://www.cannabisnews.com/news/threadI3131 .shtml
9/22/2005
. "c;"" ~ Vl.)
"The patients will be taken care' of," he said. "That's great."
"I am so grateful that the management of that group has decided to shut its doors," said City
Councilmember Dona Spring. "Public safety comes first."
Spring argued that the decision will serve the medicinal marijuana movement in Berkeley.
By pre-empting new robberies, she said, the closure will help prevent neighbors of other.
clubs from becoming overly eoncerned.
"My reaction is one of relief," added Mayor Shirley Dean. "I think it was a good decision on
their part, a responsible decision."
Several neighbors made efforts to close down the club in the wake of the robberies. But
Geshuri said most have been supportive.
Stan Eby, who manages a number of apartments on University Avenue, said a drug store and.
meat market that used to be in the neighborhood were robbed far more often than the pot .
elub. He said he was sad to see Medieal Herbs go.
"It's a shame that it's closing up," he said. "We need clubs like thal."
Geshuri said the management of Medical Herbs may re-open as a '~uice bar and herbal
medicine establishment." The new store would not sell marijuana, she said. .
Note: Club aims to protectpublic, patients and marijuana as medicine.
Source: Berkeley Daily Planet (US CA)
Author: David Scharfenberg, Daily Planet Staff
Published: June 12,2002
Copyright: 2002 The Berkeley Daily Planet
Contact: QJ2IDiont(i)berkeleydailvplanel.riet
Website: http://,,';ww.hcrkelcydailyplancl.com/
Related Artieles:
Pot Club Robbed for ThirdTime in a Year
b.uv.:/ /canna bisnews.com/ncws/thread 1 3072 .sh 1m I
Armed Robbers Take Over Medical Marijuana Club
hJ.tp://cannabisnews.com/ncws/thread 13 066.shtml
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So 'v'O)'on, ""y '''';y 'III, 'mice ",' 10 keep it ",nnlng. II", '" ,om' GUid,h..,,: NO 'I"",,,,ing. NO "mmerci,' ,,',ml,lI,g. NO n,mming. NO ill,ll'I' ",'vl!y.
and NO ~t'xllalJr l'xplicil nlillcri..J~. La:.!I)', W\l r..:ser\,,,: lh(! ri~hl ttJ rt'nll'J\'~ IIn\' mt'~~11!1! lin :IIlV reas(lnl
This 'ft'eb plgr and rebted elemenu art tor ilJtonnali~'e purposes only and thus fht' USt' otan)'Orlbis lnrormalion is 81 your ..uk! Wt"do nor 0"11 nor are
rt'spons;blt" rorl'i5l1or c:omments.1n accorduce ,,'itb Tille 17 V.S.C. Seclion 107 IlId Tht" Berne Convenlion on Uterary and Artistic Works. Arcide 10.
CIC~"" clippings on Ibis site: art mil de IVlllable wilbout profit rOt nsutch and tduntkmal purposes. An)' trademarks, trade names, nn'ict' marlui, or senice
Dames vsrd on thlssilt art Iht' proprrt)' orlbt'Jr tetpedlnowneJ"$. Page updatf'd on Junt' 14,20021116:06:30
http://www.cannabisnews.com/news/threadI3131.shtml
9/22/2005
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How one milll m.,lccs mOlley _
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~EIGHBORJfOOD lo~ has
J it thou be.(ort Ken Estes sel
. up 'his m"ical-marijuana
club, the property used to
;\.1 - be ,. whorehouse. The
.,,~ neighbors wish it ,till was.
. . Back then, the cUltome,.
" waJl;ed in, took care of
businel:J., and got out. Bad
shit never went down al centralllerkele,,'s
local brothel ~ cert.inly nothing like whu
happened on the afternoon or June S.
At 2:37 p;m.,roughJy,ninety muutln befOR
closing time, I gray fiond. puUed to the curb
and I.\VO Latino men got out the ear and.
stepped up to the guard. One lopped out It250 .
pounds and wore a plaid button.downshift;
the' Other wu . skinn", kid in a T-shirt. The
guard willc;ed back to the door, and ,houted (or
!;He!'''rothtrth:ltthtl'f\l;',,~tWflgtlY''fttthe .
door to see Ken. His brother cra~ktd open the
doof, took a look, and lun~d back to yell for
Esles.Atthat potat, the guard,noticed the two
mf:n ncepingllp to lilt: door. ~No no. ygou can't
come in hen!. he rll!ponrdly shollud. Then hll!
.':I\\'lhegufL
Mr. PI.id jammed a black plst~1 into the
guard's back, lIond the T.shlrt: pulled out 1
kitchen knife with a (our-Inch bbde. According
10 the police report. they forced the b"Uard
throuih the door, rushed Into the club, and
SCrt':Ulh:d at everyone to Ik face down on the
OOOt. Everyone did "xc-ept for one mau, a
wheelchair.bound Piltient who had coDle to get
his legally prescn'bed dose of Rer~ a.ad hOW
had. gun in his face. The two ~n trashed the
pIKe and finally found the stash alter prying
open & locked file c.binet. As terrified neigh-
bors called the cops. the thieva ran out ohhe
qub,jumped in thecar. and lJcKm.d It.
It was the third antIed robbery 1116n Uni-
venit)' Annue in ten tmmths.
YOIt get into .Iotof creepy sruff !t"henyou
hang out with KeD Estes. You get burglaries.
armed robberies, polic~ nids, Ind felony
charges. You also get ..negations of coca.llle
dnJjng. tax fraud, and spousaJ abuse.
The thing Is, Ken'! a really nice guy. With.
tanned (Jce defined by 1 W1dy goatee, long
blond hair, and a disuminrair of Wldor and
vulnerabiliry, he' seems the very picture or Cal-
ifornia euv livinl!'. It's onh' when 'au norice
thll! wheeldtair supporting his shriveled legs.
or the limp hand-
shake born o( two
decades at" nerve.
damage, tbat you
c3tl;haglimp~oCthe
tragedy thu has been his companion since
'1976. ShonJy Iher a motorcye!t- accident leh
E$tes paral~ed below his chest. he btcarue 1
devoted lldvocaie of medklllll:nlj~lIona. He
t'ar~nl"Y orS;lnized his c1cbto offer~\'e'1' 1'<"'-
siblecomfon to the aid or dying.
Berkel~y Medicll Herbs. which didn't
~;(Icdy h"lIffic in Sr.-John's-won. oprraf~d out
of a cUle Iinle cottage that neighbors call the
~"hobbit WUTtIl. .. II. modest woodenlence frona
Ihe street Ind a path leads through a mulch
"
~.~Yi~SnldiSl 'I1rio~W$o'rn'
o
o
lJwn to a whhe S<<Wity door. Beneath the rich,
sloping redwood <<ilin& a spacious brick fire.
place kee:ps patients ioany.-warm in the winter.
OnCe I week. woman comes in Uld providu
(re~ massages 00 , table in the comer. And
~ other East Bay pot clubs., moU of which
IIren 1 clinical pharmacy's ItmoJphen,
padellfl can sit down and light up right theft.
beneath rustic paintings of JimJ, Janis, and
J~ny. Uit \Wren'&: (or the aime that has plagued
his club's operation, ESla might be the paO'OQ
saint o( Be'rkel~y stoners. "We have tbr lien
prices and the bestmedicint."'heboasts. -((you
know buds,. we lmoe the bomb. ..
But ever since Estes tint got In,olved ia
the mcdical.mlU"ijuan. movement, men with
drup, guns. and evil intent have (ollo~d hiin
everywhere he goes. They have robbed him,
exploited his generosity, a.nd endan~rtd the
U\'esof evervone around him"':' evt'n his thret
children. But "Compusionate Ken,. IS his
(riellds call him, doesn't seem 10 I".rn. Ht
.always pides tht:' wrong friends.
At leut that's Ken's side of the- story. His
estranged lover. Stacey Trainor, loJd a darker
version 10 the Contra Costa district attorney's
office. She alleged tIt:1I Estu is a former coke
, dealer who lied to seCUle bls c:Illb'..leasto, that
he ha.s Illerkeley doctor in his pockct:whqwiU
. St'1I pol prescriptions (or: S21S 1 pop, and that
up to fhirty perceJ1,f of his Cllslnmers huy hb
ptoduct withOut any medical notes If all.
Police and University Ave-nut Dle-nh,ots,
meanwhile. d3im dut high.schoollclds ~ed
10 line up (or a taste olllside Estu' club, and
m:lt hissecuriry guuds sc-a.red away neighbor.
hood_ shoppen and even MIIU,*" _jIap 14
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Downlown Berkeley
1944 University Ave
510.540.1160
Tu c. F rl II:) 0 ~ 5: J 0
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~
~
14 tAST lAY EX.RIESS JUlV 24.30, 2002 ustb~yuprUI.I.Qm
Estes advertised: Fi...
Pot Club
~ntlllll"'frvmp.(.U
got involved in fighu on the Street. His fel.
low t:annllbis.dub operators C\'en tried to
drive Estes out of town.
Whether Estes is a character out O(The
French Connection or one o'ut of The Gang
Thor Couldn't Shoot Straight, he couldn't
. nisI without the pecuJiu politics or
Proposition 215. which decriniinalited
medical marijuana in California. In the six
)'CUS since ils passage, ma>.ors. di$lricl
l!tomevs, and state offidals have been 50
focused on protecting patients (rom fed-
eral prosecution thlt they've neglected to
implement any son o( regulations about
how pol should be distributed. No statt or
local JPncy or.mainmcam medical group
has offered any comprehensive guidelines
OR who should hand out pot in what man.
nero As a result, mediul pot is not just
legal, bur luperlep/, perhaps California's
least-ngulated Ingestible substance, And
yet marijuana remains I powerful intoxi-
cant with I vast uf'lderground market, one
who~ dealers inhabit a shadowy criminal
world populated bydangcTOUs men.
In the absence of official telUlalion, it
has (alien to pot.dub operators thrm~
selves to craft some son of S)'Uem. OYer
the lut six years. groups like the Oakland
Cannabis Buyers Cooperalive and Ihe
Alliuce of Berkeley Patients have,
Ihrough a series of trials and sometimes
emburwing errors. arriYed ar a prolO('ol
for verifying medical ailments, pro\iding
security (rom criminals, .nd operaring
safel)'ln quiet residenrlal and commel'tiaJ
neighborhoods, But however sensible
their rules milY be. they have no means of
(orcing club operators to abide by them,
All the)" have is.. gentlemen', agreement.
Ken Estes broke that agr~ement,
whether by design or neglect. And no one
may have the legal power to make him stop.
~ STES Is that rare breed of B.y
~; AteaNltivewhos~nth.:ist<<nagr
'd ~ )'ears here in the '70s and didn't
-it ":t smoke pO;t. Bom in Martinez. he
c;~movrd to Concord and became a
Star athlete If Ygnaeio Valley High, He
excelled atsocc:er andwuoffered II scholar-
ship to Sanla Clara Univet$ity, but that.1I
c:han~d one day in 1976,,, month after he
gndullled from high Khool Estes was rid.
Ing his mOlorcrc1e back (rom a Walnut
Creek McDonald's, where he worked as I
m:1n3I:e'r. when a elf swer\"(.d into his bne
W\1 hit him heiuJ on. Esees tlew over the C:ll"
and broke his neck, The damage was so
extensive that for lhenext two rUrs, he
couldn't even move his aims. He struggled
through physical therapy hoping to rtpin
jUst enough mobility 10 kill hJnuel(
Esles was wracked with chronic p:Jln,liv_
ingin I rehab c:enter a.nd dependent Dn oth-
.... to bathe and clothe hlm. The morphinl!
and ehe pills didn't help, and he began to
Wa,<jle Dw:lr, "I probllblr,trot dOWTll0 II hun_
dred pounds, md I'm six feet," he u.ys. "I
couldn't eat. 1 couldn't sleep. the physic:d
pain was horrible, I nightmare. But aboUlsix
or eighe moow into it, a group of Viem:un
Vets 1 was in rehab wim wert smoking mar-
Ijunu. They uid, 'Look, man. we know
you'te not rao'l' or sleeping. why don~ rou
com~ over here \\ith us" I said no, 'c:!.u$e 1
..-
was still thinking abouf ke~ping mr bod}
clean. Bur they ~d, 'Nan., they're poppinE
pilb in you and morphine. This is 1 lot leS5
. th:uJ that.' Sa I uid, 'Alright, lemme smol-e:
Th;1l nJght,J slept all night. When I woke up.
I afe. Thq' brought che dOC'tOrs in. the)' said,
'Looldt, he's eating!' M~' dOCtor wrote it on
the chart, he wrote that this marijuana is
doing what yt)U WVlt the pills to do."
Aherthatlim(Qke, Estes put his Iile ba.ck
together. He rerained limited use of his
mns, enrolled in junior coUege, and by lhe
early 'SOs was offered another scholarship.
thiJ time 10 UC Smu CI'\IZ, Estes decided
instead to open Utringoi'ta.nn.ing. hair, and
naihalons inConcgrdand Davis. He met his
future girlfriend Stacey Tf'llinor while she
was working at I mini mart next to one ofhiJ
SalOM. "J kept c:omingover there, and she
would alwlYS ~ the banana drink rea.dy
(or me, gel the burrito ready,. he SlYS,
Within a month o( their lint date, Trainor
left her husband and moved in with Estes:,
Together they would raise' three children.
But something always botht'red Estes.
8efore he began growing his own. he t}'Pi-
cally took his business [0 Haight Slnet or
Telegraph Avenue.lt was. dangerous pas-
rilDeljuatbecawehe wanted to rdieye his
dlscomfart, he wu mURed.thiee times
and occ:asiona:Jly suffered the indignity of
heingdumped Olltofhis chair. In the '1I0s,
as AIDS swept through the country, Estes
began clipping press l!ccounts of "Brownie
Mary," the elderly wornan who used to
walk the halls ofSu Franci,coGeneral
Hospital, handing out marijuana.laced .
treats 10thetenn.InaJly ilt Slowly, he began
to think that this wasu't just 1 drug, but a
cause. In 1992, he signed over his share o(
the ulon' to his business partner and
statted distributing pot, going to demon.
stndons, and working to decriminalize
medicaJcl1Ulabis. ~Evtryone thought I was
crazy, but I said I wanted to pursue this,'"
he recalls, "I'm tired of being looked It 15 a
doper,.iIS a pothud, as somebody less titan
somebody else btc:ause I used marijuana."
Yet as Estes became a fixture in the med.
i~alcD.l\nablsscene.hislifet,e.c:!.tneincre:lS.
ingly chaotic and dangerous, At the very
time thu P'Opolilion 2J5libef3ted thou.
sands of medicaJ.muijuanl smoker$ from
prosecution, Estes bepa a long. almost (:11-
dcal slide into crime. Even $Coring on Strefl
corners didn't compare tt';l what was to
come. "No guns intherace II thatpoinf,~ he
sayso(hise.arlyyears. "Thatcamelarer.with
the medical.mariju:ull movement."
---""'"""I) STES began Ius cannabl$ aClh-ism
L: .. by volunteering at the Oakland
i~ Cannabis Buyers Cooperative.
-'1 . a From the beginning, The co-op
~hlSbeenatthecuttinged~o(the
movemcn~ Whert Slit Francisco dubs have
a looser. anarc:hic$pirit. it's l\1l business at
the Oakland Co-op. whose memben have
pion~ere-d l;e~Qrll)" and m~dic"" prolocols
with I determinC'd air of professionali,m.
Jeff,Jones, fhe co-op's exeCll1j,.e Jirec:tor.
doesn', even Imoke POt. Growing up in
South D:akou., Jones watched his father
waste aWlv and die from a terril>le illness
IInd. vowed to find ~ way fO bring medical
marljulU\a [0 the lerminall}' ill. Jones firSI
JQinlld the co.op in 1995 ;ll1d soon (ound
himself making home deliv~riel of dope 10
AIDS Ind canctrpllcient$, If Estel i$"
cre.ui\'e bu.t befuddled libertine. Jones is
rigid and dogmaoc. From the srarr, the two
rubbfd ant' another the wrongwa)'.
After passage of Proposition 215, the co-
op emerged from th!' shadows and began
distributing pol out in the open. But no one
had any idea how togo about ie. There were
simply no rules; one day medical pot was
illegal. the ne",t day it wasn't. .
Proposition 21S is one in a long series of
brief, poorly conceived initiatives whou
implementation has prOfen to be I giant
headache. The ''Compassionate Use Act of
1996" offers no guidance on how pOI should
be disrributed; indetd, the initiative is a sin-
gle page in length and metely encourages
the ft1feraJ and sClte guvenunents to "imple.-
ment a plan to provide fOr the ufe and
affordable disaiburion o( marijuana to aU
patients." Six years lartr, no one in Sa~-
mento has figured out what this means.
No state agency haHver issued binding
direcrives on how to distribu~ pot, or to
whom, Untit the California legislature
panes a law to govern distribution. nei-
ther the anorne)' fenenl, nor the stlte
health department hIS Iht JepJ au.thority
to innovate any such protocols. "Pl1lposi-
tion21S did not add<<ssprcscriptioM,"
rears bter, we'd sriU be openring in a vac-
uum!' Others WOI1')' that jf the sbte t3kes II
firmer hand,ll conservative governor or
attorney general might intctpret the la""'.50
narrowly as 10 effectively recriminalizt
medicalc&nIlabis.
But "eryone Ig:rees that since the gov.
ernment hasn't set up rules, dub opentot$
must pollee themselves. The Oakbnd
Cannabu Buyt'rs Collective wu at the fore-
front of this effon, keeping and verifying
padem reeords, hiring security guards, and
eS(!ilblishing a rigorous duaJ-idenrificadon
system, in which palients had to pass
through multiplr checkpoints. "To be a
member, they had to nun in a nott from a
licensed physician Ihlt we could verify,"
Jones s.ays. "EVen cancer and AIDS patients
had to renew the noteeveryyear. Th~were
II little mad abounhis, but we had to conlinn
that their medical liU:t\!S hadn't changed,
and the\' stiU nef"ded our services-"
On~ Oakland officialswere ISsun:d that,
un1ike at San Francisco dubs, patients.
"''Quid never smoke dope at the site, rela.
tions between the co-op and the citY hive
g!n1inllybet'ncordiaJ. The city cOWlcilcon-
tracted with the co-op to distribute por to
sevt'ft thouund patients on its behalf, and
'Yis it, firs t graIl free'.
sa)'s Hallre Jord:lO. spokrswoman (or
Attorney GeneralBllI Locl)'er. "The initia-
tive did nOI authorizt or spell out any ,pe.
eifie scheme (or dispensing marijuana.
Nor did i~ say who is tntitled to it. or how
much marijuana is required (or which ail-
me.\t. J think f"\'eryone recognh:ts that
Proposition 2JS wu not Ute besl-written
initiatiVe!. But tbe voters pused it."
With the state panl}ozid, it hu (:illen to
local governmentS to regulue medinJ mar.
ijuana, But most localities have adopted .
strictly laissez-faire approach and done vir-
tuallynothingto ensure thatlhe distribution
of po, adheres to the spiril ot Proposition
2J5. The: portion o( the Berkeley munic:ipaJ
code govemingmedical pot, for example, is
so ridiculously lax fhat it pu)'$ right Into the
cit)-'swomsfcreotypes, and ret it'su strict
as virtulllly ..ny other BlIY Arta city.
Although th~ code IimllSrheamOllRto(pota
dub can have on h;md. mer! art no provi.
sions Jimirio!:how close a pot dub can be to
a school. or requlringdoaors to conduct an
aCtuaf evaluation of patients. or requiring
bacl.ground checks (or pal disrributors _
. which is standard pnctice fur anyone who
wants to run a liquor store. Yetthe codt does
tncourage pot clubs to '1lSt their best eKoru
to determine whether Dr nOt cannabis is
organically grown."
city Countilmembetlllinda Maio and
;)",\;. ~t" ;,,0,: ....~ Ih" ..il~ ..,1.\ t \:\':'1 \,.,-il.. up
a specific.use permit (or cannabis clubs,
because doing $0 would ..;olare {edera.llaw.
The end resuh b thai medical par is aCl\laJly
Itss regubted than candy WI, which must
at lellit h::t~ their ingredienrs printed on the
wr.1Jlpe'r. Anyone can di5trihute medical pot
anrwhtre, in :my (ashion they ple:ue, 1lJ1d
..;rtually no one is watchingthern.
,':"M LUn OPERATORS Jisal;ne on
Wh~lh"T (ilis j!l~ulla or bod. Jdr
. Jones ....ants the ~mmenl fO Jtep
_ in and bringsomeconunon sense ro
. ,~,..' rot'~ distributinn. '.Wt thou~tllthe
\lo\'cmmenc .....ould ':I:'t invoked in diso-ihut-
i,..~ mt-dical mou'ijuana as per the state law,"
ht U.Y5.'" never though that five or ten
the co-op's membl!nhip cuds became Ihe
definitive means of ident:i!ying medical pot
patients throuihollt the Eut Bay. Jones
tven lea cites classes on medical marijuana
to recruiu It the Oakland police academy,
"We've never givcn them a n'ason to ques.
tion what we're doing here," he 53)'1, "The
local police like us because!: we give them an
alternative to going CUI on the strert. Our
group have never done an}'thing that has
beeadeemed illepl, and we~ never gonen
complaints from anyone: - except the (ed.
er:d go\'enunent."
Berkeley's three clubs went through the
same pnxen, experimtnting with various
ffi:wlly and palienl:verifil;:ation protocols..
In the beginning of200J. che Berkeley
Patients Group on San Pablo Avenue, the
Cannabis Buyers Cooperative on Shattuck.
and the Patients Cue Collective on Tele.
gnph (ormed the Allianct af Berkeley
Patienu and agreed upon a ten-painE pial_
(arm, This included organizing as a eoll~.
rive or nonpro6t.conracting physicians to
confirm a patient's mediul condition,
saupulously keeping patienl records, hir.
ing kcurity guards. and maintaining good
relations with their ndghbon. "'We agreed
fopolice ourselves, &0 wedon'l baveto haw
:In)' outside regulators that might not have
the patient" best interests In mind," says
Btrlcele)' Patients Croup membtr Don
D.mC:l..i.
Thcr~ was just one problem: nont of
these regulations had the (orce of l~w
behind them. Even the police, ha.mStnlllg
by a tit). council cogninnt of the over.
whelming public support for medical pot,
can do \.inually norhingto crack down on
rogue clubs. If someone wanttd to hOlndnOU( poc like cUld)', no Ofle could stop him
His neighbors afong university Avenue
~on filNred (his 01.1(.
q. CCOUNTS DIFFER a$ to what
.}., .E5tesdid when he first ~ho",'ed up
'~...1 3t the O:lkland co-op's door In
.1. ~ 1995. Some say he Illut:ht the co.
.~ -:...op'1 pot culriv:ltion classes: others
claim he wei@:he~ our contlnll," 0" pac:_ 16
. '" ",..1 .':1 ,., ~ I: ..,
... - -.-- ----. --.--- -.-.. .~._-
~$37995
lull5iltlram~
& FREE luni lulon
I 5hiltu&'Ave~'._:""""
CONCORD.SCft Ccmtrt. Costa Blvd:
IIUIUN678:iDubliIlBlvd:-
FIIItHONf.3911i r..~l( tit.' '. .
p.u.o AlTO 2D9B EI Camino fl'il
SAN FIUNasCO J~S Geary Blvd.
U, OvnET 21SD Cnar Chavu
SAN MAno 1311 5.EI Cimino Rnl
SANU,,u1,91"lh5t.
UHf" 1054 3'99 Indumial Dr
r"lFOto~
---
"u"~a"'nylra"'.I"'I""OII S;12'1gr"'.rraft~f!'C'..." .,.n
l,Jftal..IOttg,.. I ....nl...'g..'..ol..,.'I'I"lu.....ou.r~f.'"
. <U.Hb_"n..,.n\5l.~~tlVI,'!J4\~OJ~~0+J.~ 1.f;~Jrs~-,o;.....(SS LS
".:.::!'::'~~~fl;'P~ ~')1:: ,. f' ... :: 'r:~,.l .(.\~ tlA:.
Pot Club at 1h~ co-op kn~w Ih~ two had done this;
conUnll'clltoIltP.te1S ceruinly Ihe p.:uienu had no idea thiu
Iheir confidential information wu being
the bawes and sampled the Warts 10 cate- bandied about like just another mailing
IWrize their poren~~Estes says he did both. list. Estes concedes he made no effo" to
But one thing seems de.v: he and Jeff Jones cali their doe;ors and confirm their med.
didn't gef :oliong. ':.Ieff always thought Ken ic:-.I condition _ he just starttd making
~hould cui his hair-Ioo~ mort Ippropriate delivtries to 100'one with a card from the
(or you guys. the medIa," says one co-op Oakland club. .
member who asked not to be named. "Ken .
wulike,'Youknow,Jdon'thayetolookright ~'; y THE TIM:E thai Estes Went into
for Ihe press. I'm a patient.... Jones won't say r-. J busineliS {or himself, he, Trainor,
much 'about what he thoughl of Esres, but ~,OUld their three children had moved
Estes recalls, ':Jeffs;lld, 'Look. i1you cut your Fto . house in Concord. where he
hair, you'll go places around here.' I said, ~ began growing pot to supply his
'C'mon. you're sounding lih the people on (rowing army of patienes. On Seprember 20.
the streets I'~ been deaJingwith for years. Concord polke officer David SZY~ toOk a
YOI.l're sounding like the COtUel'V1lDve white call: f.sles' neighbor dUmed that she could
guy who doesn't like anyone lookin'differ. see a bumper crop of pot plmts growing in
enl from himself.' So yeah, .....e had a lot of his backyard. S.avage nopp~ by and peeked
Irouble, J lold him one time, 'I wannaget OUI over the fence. L3ter that afternoon,hc
of my chair and btatyour I.!II,'" rtturn~ wicha search WarratlL
Whether the Oakl.:ind co-op itself was Snage's police repo" indicaces that he
entirely abow-board is a manerofsome d.s- found pot evel'}owhere. He found roughly
pute, Accor.ding to Trainor's statement to fifty plants in a makeshift greenhouse in the
the ContraCosu DA, the co-op paid f.stes in baclcyvd, He found an elaborate hydroponic
pot.-nd unreported cash. "Part ohhe marl. rynem in the gang'e; behind meecs of dark
juana'he ncei~ ~ payment from the club pludc, dOzens of planes were growing on
hewouJdseUtoomerpeop1e.inc:ludingper- plastic trays and in children's swimming
sons who had no medical prescription for
lTllriJuana." her statement readt,
Jones denies paying Estes in under-the.
table cash. but refuses to comment on
whether he paid ESles with dope. Esles
claims he receiy<<f. paycheck. nor cash. But
he acknowledges the pot-for-I.bor lITang'e.
ment, -I gOt herb for working," he says.
"They gave me herb, chac,was che trade.off. I
work~ th~re till it d~5td. ::.nd chen I 'l'em
outand opened my new shop."
In October 1998. the feds mana~ co get
an injunction prohibiting the Oakland co-op
from dispensing marijuana, The co-op
foughdt all the way to the Supreme Court,
where it eventually lost, Jones ;and his
lawyers are preplll'ing a new challenge, but
except fora one-month pcoriod during which
~c Injunction wu lifrn, the (O-OP n..s not
handed out a dime b~g since 199R, Seven
rhO~JhJ p~tiClll.s lIccJt..J <.Uloulcr 5upplkl',
and Estes jumped in ro fill the void.
But he needed cusromers, so Tr:ainor
!llVS Estes ("lIlled , friend who worked
Ine-re. This emplo)'ee gave Estes the
names, 3ddreues, and phone numbers of
fiVe hundred p<1tienlS, and Enu Soon
Jra"ed drumming up customer:!. No one
16 EAST SA\' [X"I[SS JULY U.30,
- - -- .---.---------.---
Child Prorecth'e Ser'\'ices. In deference- to
PropO$ition21S, the)' leh Estes with three
plants and an ounce tor his O~Tl use, But
Estes complains Savage took aU the kind
buds, and kft him iuS! a b.g of leafy shit.
. ,Fifteen months later, the cops would be
bad:. 8y then, Estes had boug-hc some
property near Cleu LU:e, and Trainor had
moved up north with the kids, growing
m01e dope in a shed behind the house,
Meanwhile, Estes' cousin Tim Crew had
moved into the house to help liim gTOW .
crop thai dwarfed his prior stash. This
periCld marks the beginning of one of
Esees' mon foolish habits: keeping massive
~ountS o( drop and mone}'lying uound.
"People lold me, 'Don'r put more than a
cenaia amount in che bank, or you could
get In trouble.... he nys. .We had a lot of
money, and I kept it with Ine, I'd hide it in
my closet, hide it in my suitcase. I just did.
n't want to pur it in a bank." As more and
more people gOt hip to Esces' stash, his
cavalier attitude would provoke.. spate of
armed robberies that left his University
A\'enue neigh bon lerritit'd.
The first robbery happened in Concord
on January J, 2000. Neighbors called che
cops and reponed that sevenl men had
pooh; grow lights wh<<led b~ck and forth
on . track h"anging from the ceiling. He
found baggies o{ .....eed stuffed in desk draw.
ers and scattered along the floor, and plants
hanging in the closets. In che 'master bed- .
room, underneath a crib where one of the
children slept. Savage {ound two garbage
bagswirhdritd marijuana in them. NNone or
Ihe growing and dried marijuam. was in a
H'c'.:re p!:to::e," 5~\'~S"e Wr{ltf' in hi~ rerfJrt.
"Most of the marijuana wlSaccessible to the
children in the resideoc.e, Estes told [me] he
wu notconcemed with thech~dren having
accns rothe marijuana be'cause 'The}' know
it is for daddy,''' ESles denies le;lYing bags or
dope ~1lI' his children's cribs.
But Savage didn't know wh::tc to do with 1;,. IJ' ITH THE HEAT coming down in
Estu. E.:stc-s had an Oakland co-op card Ii.:t. ConCQrd. Estnq~~d:c-Iey. Tal<.
certifying him ;as a patient, as well as 'bf1 ingourabusinessUCCl\Sunduon.
palientrecords Indkarin~l-,e was a le~ally -., Il'\gpennit to sdl "herbs and other
\':alid c;1regh'cr. How much Jupe JiJ : Ilomllop:tthic rem(.'<.!ie5.M J:~:.:s ~et
Proposition 21S allow him to h"YeI' "Th~y upshopal1672 Universil')' Avenue. From the
got a judge on the phone, and I talked to "ery beginning, Berkeley Medical Herbs was
che judre," [SIrs says. "r said. 'Please don't chn~ctC'rized by his permissive business
mm ml; pulllhe5e plOln{s our. These are 5ryle. i\tic~e1"RodC)'" Gru~er showed up
good strains with mt'dkal ~ne{jts.'~ In the :n Estes' door just months into his newope.r'
end. .he cops confiscated rhe plants and ;1non and handed him a bago(Quality prod.
the gI'Owing~rstem. and TIned him out to \let. Estes U}'S enmner rold him there was
2002 eutlulY'.lIren.eom
burst out of Estes' house and rKed dOWTl
the street, luving the door Ijar. When
Concord officers lUTived at the Itene, they
fouod that the front door had been foiced
o~n. They also found no fewer than 1,780
marijuana plants in various stages of culti-
vation, ~en aher the break-il'. This time,
the cops wouldn't be satisfied with confis-
cuing his stuh. The' DA charged Elites
"...!~ (<;Ollr fek'!l:' O::'='~I.'ltS of p~s~s!i('ln ltnd
cultivation o( marijuana for sale. and .....iII
probably argue that the Yolume of pOt on
hand proved that he wu an outright
dealer, nor I medicinal caregiver, His triaJ
is set to b~gin on August S.
- ... .-.-.-.----
more where thac carne from.;lJ1d he wascCI
uinl)' happy to buy it. GruMer.!H'pn hant
in.golll at tile dub-and Estes thought every
thing was working jUJt fine. The nwsag
13bJe wu Up' and running, pacienl$ wer
streaming through the door, the smoke wa
flowing fredy. But oYll:t time, a tense, nerv
ous atmosphere in{ected the club. finall)
Esttsda.ims,afriendt:ame to him and brok!
the bad news; Grunner was dealing cranl
01.11 of the back 100m. F..stes says he prom pill
threw Grunnerautofthe club.
But the t1ub's neighbors v,'ere bc~nnin(
to wort')' abouc the sketchy new element
Machinist Richard Graham is a longriml
atea tesident and has been knawu to take,
hitupon occuiGn. Buthe even he draws the
line at Estes' way of dOing bu,i.ne~ A few
months after Estes opened the club, Gra.
ham dropped off a pack.ge miStakenly
delivered lothe YoTong addrrss. When Gra.
ham lSK~the lll.1I1 behind thecoWlrer how
business was holdinc up, he offer~ 10 set
him up with a physici.a.n for $Zoo. ~l asked
them how their openoon works. and they
told me you just need a note from the doc-
tor, and ~ hr.ot. doctor. and you can get a
nore for jwt about anything... G~am lIys.
-Then he told me the pric-~s. the registra.
tion fee to gn the note. $200 per year. J got
whit I thought was an ;aggressive s.les
pilch. He said their doctor wiU help me gel
it. He looked at me IIld profiled me, said
'You're 51. you'" got uthritis. ,...e can help
you.'_1 just got the wpreuion that the$!!
are people in it 10 seU marijuana l.i a busi-
ness. I didn't feel thai these were people
motivated to help sid people. wh:ch I think
!'fher pt'(\ple are. lr w~~ ~ d~dJ~'::"undif!_
ical aunosphere, let's put it that "'3'V:' .
In fact, Esfu'cpe-raoon was soundinical
that it even adveltised in the B~'Tkdory Daily
Planee. Superimposed Over the image of a
big fu bud, the club announced tholt it h:ad
plcnry o{ poc for s:tle, li.sting killer strains
such as "Jad frost, Mad M:u. ~:nulin, G.
Spot, .nd more.~ Olnt'r club opernors
groaned in dismay when the~' read the
notice: ''One. source shopping fC'~ all )'OUr
Ill1,'Jlcin:allleeJs!fir:>1 \'isi[.lin: =.l1O fret
v,ithtnllnaonofthisad:N '
Soon. kids wt~lining up oUt!;;de, neigh_
bors and police report. Vld the du~'s btisie:;t
hour "'as berween three ;llhl i~';.Ir in Ih~
.fte~n, wilen Berk~ley High sr.ld~nts gO(
out of e1nss. 'Thebiggest complac;l was the
kids goin, in and out Df Ihert. ~ uys Li(!u_
tenant Al Yuen, head of the Berkeley Police
Department's Special Enforcem~nt Unit,
\vruch handlcsnarc()liC$im'e~tig3lioru, "We
looked into that and WItched kids going in
Mid out. We never caught him selling to kids
without a card He claims thar the kid:s had
medicin.:l.l card~, buthe doesn't l.:etp records
on wbo he sel11lO, _ He was advertising in
the papers, he allowed Ions oHids going
though his place. He didn't have a screening
process, didn't have seauity,"
In fact, Tn.inor told the DA's office that
Estts J;old his product to lInyone with the
c:lSh. Sbe esdmared th~t seventy percent of
the club's buyt'r5 were palienlS from the
O~md co.op.,)J1d tNl the otherthiny per-
cent werr recnationa.! U5ers. And Trainor
311eged that evlt'n mlny oC the so.caUed
patients mOlY hIVe had fraudulent doctor's
notes. She claimed Ihat Estes nCerred
everyone .....ithout a card to Dr, Frank
Lucido, a Berkeley famiJy pn,ctitioner who
allegedly ciwxed a fee for every note. "Estes
would tell his buyers 10 go to Lucido, gin
him $2IS, and he would give the peNOn a
prescription. _ Trainor said that regudJess
ol whether a buyer told Estes they had a
medical problem or not, Estes would refer
the buyer to Lucido to gl!tthe pr","pooo."
one such nOle from Lucido's ornde. The
p~rient is a mere 21 years old 3.nd suffers
from back pain.
Lucido says he used 10 "Tife such nOles
IUId rei}' on patiena to provide verification
later. Bur he says he discontinued tlm prac.
lice two years ago, and now requires inde.
pendent verification of his paliencs' Iii.
ments from another physician. Lucido SIYS
Estes has been a headache Cor his medici1l
practice, Two yeus ago, the doctor says,
Esles printed bwinesscards that claimed he
wu working in conjunction with Lucido.
Thf physiclan S<I)'S thac as soon as hit lound
out, he had ala'ol.-yer call Esles and tell him
to $topmakingthacclaim immed~lely. "I'm
not cOMected with the clubs, and 1 don't
re/tr people to che dubs," he says. "l.rn sure
people mention my name, but it"s nevltr the
, case that we work in conjWlction ~;th each
other," Lucido said he couldn't remember
Stacey Trainor.
Why Is Trainor telling so many wes out
of schoon It aU bepn two years ago. when
she began an affair with Rocky Gnmner.
The feud culminated on August .n, 2000,
when Trainor swore out a temporary
restraining order against Estes, claiming
that Estes threatened to kill her. When the
custody dispute. "That's false, not O'Ue at
:Ill," he says. "No, I didn't sell the salons. J
dido't sell cocaine. She .....as lying bltcause
she thought she was moVing to Canada with
che kids, and she thoughl that belore she
leh, she could thiow a bunch of stuff in the
mix to mess me up in COUrt. Because she
downright hates: me (or dumpirag her.'"
It was bad enough when neighbors
lVatched police r-aid the dub and kids line up
for .....eed - then me robberies began.
ON THE EVENING of Friday, Octo-
+. . ber U, 2001, the dub.....as winding
'.\ down alter a long day when some.
one knocked on the door. An
, employee pulled the: door open
and stared nralght down the bllJ"rd of a siI.
ver hllld~ "We opened up thedoor,same
as rot everybody: 'Hey, what's upr" Estes
uys. "The guys came in. They put every.
body on th1! ground and took everything,"
Timewas nuuUngOUt for E.stes. Tbe kids
and the police raids were bad enough, but
nowmenwcf'twzVinggwu: arDWld and rac.
ingoff with drugs. At the time, Estes had no
,security guards, no ironpte on the door.
just I lot of cuh and pOl. Soon, the other
pot-club operators came a~'. The rob-
scrutinized :is much as me."
Not only did the guards nOI sit ""eO with
the neighbotJ, they also didn'~ Hop the
crime. On the evening o( Decembu 13,
2001, as the guards had drifted back into
the club and Estes' employees began suck-
ing the chair" one last patient, a }'oung
woman, knocked on the door. As an
emplo)'ee opened the door lor hu, he
glanced down 10 his leEt Uld saw welt men
crouched low. The woman tllrned and
walked back to the sidewalk and the men
rusht'd through the door. One puUed Qut an
Uzi submachine gun, IDd the sf:(ond rob-
bery in two months was UDder way,
ThedUtves probably wouldD't ~ kept
comlogbad: if there bada', beenso Dluch to
steal Estes tthacs tonyhow much pot was
lost during the first robbery, but he says he
kepi an average of three pounds of dried
marijuan. in his SUll't at alJ t:i.n:lu "Some or
it wu in'ountes, some o( it In eighths,
prepackaged in I "mety ol amounts," he
says. "Plus we had Iwh. we had kiltC we had
oils and other t'XtrICtS from marijuana. We
had bued goods. brownies, carrot cakes,
Reese's peanut butter cups that were done
like that, We had everything." At S65 an
eighth, that meant thugs-could make of(
Trainor ~d she kne..... how Lucido oper.
aled because she Went through the process
ll~f'1t!/f, During her interview. she medcu.
lously described her visit from stan to fin.
Ish. "Trainor,went to the doctor's oflice,
where she meta nurse who collected $215
from her, She wa:s brought into an eum
room. where she wailed llntil Lucido came
in and asked herwhal she wanted. She told
him she hlld a bId b3Ck md 'ol',)J1ted 3 pre.
:~'riplion fO! m~rijl'~na. Tr~lnM "l\id th~
doclor performed a mini phrsit"a1, checked.
hltr blood pressure. 3nd had her bend over
backward to check the condition of her
back. .~ Lucido then wrote her a prescrip-
tion for marijuana. Lucido did not ask her
questions about aeatmfntordiagnosis from
3ny other ph,'sidan, Lucido ga,'e her no
advice on the :Ilflountofm3J"ijuana 10 use
IUld did not od\'i~ her oran)' other ther.ll,py
or mt"Jic,:lIioo lhlt mi,hr lTe~r b:H:~k rmb.
i"llIs. LudJo JiJ not Icllller 10 etome h:Jck
, for D follow-up eXam."
for a while. Estes n.ys, he even accepted
photocories of Lucido's notes. IInd neil,!'h.
bors used 10 lind them Iinerin!(: lhe side.
walk in fronl ofru, club. One f1eighoor, who
;asked not 10 be OAmltd, slill has a copy or '
L:lf;a)'1I!ne cops arrived at his house co serve
It, they lound morlf: plants growin~ in the
basement, Back went Estes into the pokey,
and the cops even raided the club and seized
prodUC1 and fUW\Cial records. 1\\'0 months
later, Ldayerce narcotics agents raided
CruMer's owo houSlf: and seized sr\'enteen
pounds of ma.rijuan~. Trainor enntu311y
broke otfher affair, Cronner cDuld not be
reached for comment,
!;b:: m'mths :IIW. as !:5t~S beO:Jme -the
subject of a I.:ontr:l COSta district ;U'lorney
investigation, Trainor met with assistant
district attorney Phyllis frWS8Jld County
in\"tstigafor Tony Arc3do. Over the coune
of several hours, she lold the ston' of Iheir
life together, ^~cordine 10 her stalement,
ESfes didn'l 5t3ft his nil"" clreltr de~ling
medica..! pot - but cocaine. "After sellh;g
thc titnninguJon, Estes eamed income by
selllngr:ocJl,ine," Arc:1dll wrOle in his sum.
nul"}' QfTr:'linor'~ inh:n'irw. "Tr,\:;Jer (sic]
~aid the incume from Ihe coc3in~ ousino:u
rlln out in ~9"'3, Jl,nd ESlessl,-ilchltd loslIlI.
inrmariju::rna,"
. ESlt's ...ehllm~mlr denies ih... cn.lJ'J:e 3J1d
claims that Trainor, who declined 10 com-
ment ror this scory, is lyingas pan of 3 child.
bel')' pUI new hut on 311 of them us Citr 'with about 525,000 with one quick hit, to
CouneUmember Linda Maio scarted making say nothing of the casb he kept on hmd.
noises. Don Duncan from ,the Berkeley with this, the city had fiully h3d
Pa.tients Croup visited the club and found it enough. City Councilmember Lind:t M:tio
pleasant enough. but Esteshad dearly failed convened a neighborhood meering about
fO implemenl even basic security proce. the ~Iub - .....hich Estes didn't bother to
dures. "There weren't a lot of people attend - snd told the rest o{ Berktley's
around, the club W:IS rairly desened. :lnd c:mnabis di~pen5lries 10 bring their col.
thai was a secwilychallenge." Duncan says. league 10 heel ~I called Don DW\(iJQ and his
"And the front pte was a problem." folks and said, you 8U)"S have to be part or
When Duoe",n sU.l!,\tesled ret~ininl!sltcu. Ihl.' solution hltre,~,she SlVS. "It'! ~ot Ok3v
ri", p~rsoMel, Estes rrspolllJt1J b)' hlrmg a th.u fhis n3pp(n~, ilmi its .noc ;)<.:~c~'~~olt:' if
couple of guys h~ knew from around town. chis is just a rare thing. Don kno\\'s that this Nelghborsand police representarives claim is not accepuble - he Utlderstand$ Ul3t this
that this jUst made thingt worse. The men wouldjeopardizethewhoJemo\~ment ifil's
~'ere not professional guards, and scared nltowed to get worse,'"
people ;)Way from the neighborhood by loi. Estes' new office managft. Dord:
lerine on the sid~walk ,jurin~ bu'iness Geshuri, sat dnwn with Cit}, ~I~nager
houT$. E.ues S3)'S the neighbors .are giving ''Iddon Rucker aod police ortki:lJs, ~od
wayt!) dleirown racist (e:&n. "Uyou talk to other Alliance members, and logether
Ihem. they're big, soft, easygoing guys," he the)' hammered out a series of reforms,
~:l,'5. "Bllt unfonun:nelv Ihe,"re t.1:lck. And Oil J311U3f\' 2, Geshuri ~v:ret'd 10 fhe fo]-
in Ihis society, \'Ou thWt of black :u: crimi. lu\\'inglerms: Ihe club \>'o'uld ooiy oper:1!e
n31. So the ~o~enl you see black people five hours:l day; less th:tn a pound of dope
st:tJldinil' o1/'ound, looking:tt rour 10.1 guess '\'ould ,be on Ihe premises: newspapl!r
it looks liLt" II crllck houst. I 03\'e bl;)ck :rd\'crtisinK .....ould stop immedi:llely: ;a
(riends, ~d th:lt seems 10 be ho:ld llj:::linSI professional security compan)' would be
me, None or Ihe olher dubs seems (0 be retained: and security _"nU"",p.C.18
usthynpt"us..:om JULY 24.30. 2002 EAST frAY ~1~rru~7$S 17
, . " '". 1'.. ...' , A 8 ~
- Wide variety of toys and treats
I~ .- . - Friendly, knowl~dgeable service
~- . - Servmg the Ber1<eley
r ~'~ . community for o~e~ ten y~ars
. -Competitive pnces
\ '.Fair trade coffee and tea
ANI L FARM.~'T:
.;p'ET s. D AND SUPPLIES I"",
'1531 SAN . BERKELEy' 526-2993 OPEN 9-7
.,......":1!::II"'I'.1.1.'.I".'t',!.:"'!;'I!t'!11'"'J",III"fllll"
I Pot Club Californians for Compassionue Vse.
WttIIlDe4mlll p;olAl17 orpniurion th~t thought up Proposh
215. has joined zhe"Comminer an MI
Concenu in opposinrthe bill.
But get this: the registry syslen
strictI)' ,oluntary, Vasconcellos' hi!
mo~ fOCUsed on reining in W police..
so it barely dwells on reining in mediI
pot cuhivllors. The new cards of
absolute protection (rom scary Mac
County sheriffs. but in refurn h(
porienu and nregivtrs must operl
usponsiblr. For oper.to,", in progress
cirie, tUth as B~keley and Oakland. w
already co lrIO'I'e in the IighCof day, thel
no incentive to sign onto Ute du!. And
through I unnge accident ofhirtory, m~
ijuan.a SftmsLlytortmain the least.n
uJated ingtilible substan~ in Califomii
. Of Course, good old.(ashioiled dr
laws fI'UIy solve the Ken Estes problem I
us. Assistant diuricc anorney Phy!:
Franh ofCobtTa Costa Coun~il prepJ
Ing to try EsttS 00 f(lur felonies stll'auni
from the Concord uids, .and if conviCf(
he'll bc OUt olbuslncu.
This brinp PI' the final lepl quenil
. unresolved by Proposition 2JS: how I
prOSecutors determine whttbtr som
one it altgaJly sanctioned cartgiver, or
dnlg de..lrrr The aoswer is then is t
anSWet. District anoroeys arouod t}
nate have relied 00 couoting pot plant
If you've gOt too many, you mun be
dealer. Howmany planu is too manrr l\
one knows. While I handful of chit
n,ch as Br-rkeley have capped th
amount of 1'01 clnoabis clubs can ha~
on hand. pro.~tors more t}"'JIically CY'
bat! the plaJIls and make a simple jud(
ment calL Thn's what tbey"lI'e done wit
Eues, but the sr-tem Is bardlr predse.
UEstesis (onvicted, he v.iII pay a te/"ri
ble p.riee for this lack of precision; th
chuges Carryl possible pri$Oo seatence (;
thru years and eight months. But IW C'OtlI
pin reputation also could be '.undcre,
overnight \\'hen ESfts Nmed hirnseU I~
fort)' deluolUtt'ltors accompa.o.ied him to
the station. lind'his UugC' _ the mlftyt 0
medk:aI D:luijuana., ptnteUted by vindi<:
. rive prosecutors - wu fluhed acrou thl
nighdy news throughout me Bay Are3.
Stacey Tninor's: alIegatioDS 2..\ide', Kel
ESIes Stems a kind, ~ntrous man, nad]
to take YOII Into his comp.ny at I
moment!s notice. But norhin;: out thett
ciln protetl us from his tendency to truS!
the wrong people, of whom there are stili
plenty in Ihe ahadowy, twilight world 01
marijuana. Estes admits be's made somt
mistakes, and vows to improve his operl'
tion. .We beg:ln 'something here-, and we
didn't how where it would gc," he says.
"I've made miu;lIl.:ts in UtrOSPC1:1. but we
tried to work it out, Stacey and all that
stuff "'.as a bill; problem - I h~J no prob.
Il!ms bd(lfe rhat. J bclil!'ve J know who's
behind this, the robberies. All Ihis sruff
that's lone on has happened since Stilcer
wcnt to the police, ;lInd Ihe police
believed her. They told me Ih3t many
times women tllm on Iheir drug.duling
boyfriends, OInd this seems lile a case o(
that. J wi,,. I couJd ha~ hired ~tter peo-
ple-but I c.n'tuy that I would h:rve done'
IInythin~ differenc. I reallr didn.t foresee'
the (riminal c1em~nt m.:tkinl!" !!:' orel'l:nn'
like it did. BUf I c..n onl)'do so :nuch.~
And should Elte's re'vert 10 his old,
seu~o(-his.pants W.:trs, we mil' h"'e
no choi('~ bUI to pur up wilh him. .
.
camcraS would be installed.
The final robbery on June 5 spelled the
end fOf Ken Estes. Despite his promi.s~ not
to kee'p more rhan a pound o( pot It th~
store. neighbors reporr that during the'
getaway, the robbers' duffel bag wu so
hravy that they h.ad (f) drag Ir down to the.
cu. As for the security CQm~rQS, club offi.
cials claimed tbat the'Y had mysteriously
brolr;en down chat dav. and there was no
film o( rhe incident. E~tes had used \Jp his
last store o( good faith. and even the other
dubs a~d he had to go.
"I don't think Ken is a bad guy, bur if's
no longer approprilte for him tooperate in
Ber1cele'Y" DUnCUi hyS. "Theconsensw of
th~ Alliance is (or Ken to leave the city, to
either mo'e on or find another career.
That coridusion has been some time in
coming. We're happy to hollVe him as ;,
hiend. but it's II'- the best intcrest of the
patiel'-ts dut Ken dose (or re..J."
Duncan's Ibandonment has left Estes
fairly bitter. .Yuh, they don't wlnt the
competition," he' says. "TMyun keep the
. prices high, and thty can control the
pme. Jt'sbusiness, it's.a1J about busin~ss.
If you're Starbuck. you want het"t out of .
town.. Still. Estes has finally agre:ed to get.
outO(lown. He, his brother ~dv Moses,
and Geshuri have signed .. Ie'ase ~t I new
~Iub in Oakland, near the corner of)Sth
So-e'ec and Broadway, where he promise'S
to.tighten up security. The numerous car
deaJerships have given in this POI" of town
its historic name. "Auto Row," but it
should ruJlv bc called "Pot Row." Virtu.
&1ly aJl the Pot clubs In Oakland a~ c1us.
tcrtd in this ncighborhood, and they'rc
not happy to se~ Estes join them.
If Estes wants to defy Jones. his new
neighbors, the cops, and "the entire cit), of
OnkJaad, there's not much Ulfcne clln do
about it. Linda Maio WllS a~ ,..1031 when it
brlefh'looked likc Estes h;lld decided to
nay U; Berkeley; she ineffecruaJlr thrcat_
ened 10 circ:ulate 31 petition and prepau a
nuisance complaint. As (at, say, an under-
(O'.cr operation to catch Estes selling to
customers without. v;lllid doctor's notc,
she never considered that option for a sec.
and, and police won't say whether they
did. If this the hest"locaJ gO'tmrnent can
do. Estes is in the de.:tr.
But medical marijuana's e:r:r of r:rw
capitalism rn.ry he coming 10 an end. State
Senuor John Vlsconcdlos h:rs drafted I
new bill regularingthe industry, and now
that it has the support orboln the Califor-
ni;ll District Attamers' Associ,arion and thc
C.:tli(ornia Slate Sheriffs' ASSod:rdon,
Governor Davis has indk..ted that he
might sip' it. The bill would est.rblish a
Hatewide re!rlstry of medkal-m:rrijuan;ll
Ntic!D1S :Jnd caregiven. who would
rteeh.e' a card C'crtifyingtheir mediCtlI sta.
tus. Phvsici.rns would submit candidates
for medical pot to Ihe county HC:lhh
Departmenl, which would appro"e or
reject Ilpplicanl$ bUe'd on a review of the
.:Jeeut3l:'\'oftht medical records. The' state
Depari~ent.of Health Services would
develop ngularions that define' how much
rot dlspens:rries cOIn /trow .nd store,
"~.J':I!1:,illc Ihe m.:tn\' nebullllls OIll.'Stjttn5
~urrounding how pot clubs currently get
Iheir wholesale producl. AI.rhollgh the
bill's primllt). illtent is to pro,ceet pnienrs
fJcin~ rt';)ctinn311. :Jnu unjusr IIrrests. che
bill couldh3Ve the second:uy effect o( reg-
ul.:tlin~ c\llth'lIlon. This m:rr expl::lin why
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P LA 11 N U M
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.. EAST'I"\' [X'JlESS JULY 2e.)0, 2002 .u;'b<lvupr.n.c:o...
Concord Police Departn.,nt
Date:
August 29, 2005
To:
Mayor and Council Members
From:
David Livingston, Chief of Police.
Subject:
Medical Marijnana Dispensarie., - Potential Secondary Impacts
Thc purpose of this memorundum is 10 provide a summary .of additional background information
regarding the pvoposed ordinance which would prohibit the establishment of medical marijuana
dispensaries within the City of Concord. Police Department staff believes it is important to
identify some onhe pOlenlial secondary effects on public safety by the opcration of marijuana
dispensaries.
In researching this issue, Captain Crain reviewed a memorundum from ~ocklin Policc Chicf
Mark Siemens dated July 13,2004, which addressed the sccondary effects as observed by
Rocklin police staff. The memorandum was in reference to pending consideration by the
Rocklin City Council of a proposed ordinance to rcgulate the establishment of mcdical marijuana
dispensaries in the City of Rocklin. In Ilis memordndum. Chief Siemens addressed a variety of
community safety concerns that had been expressed by a number of agencies .throughout
Northern California. While the City of Rocklin had no experience with dispensarics, othcr
ncurby communities did. The ugencieshe polled were Roseville, Oakland, Hayward and Fairfax
police departmenls as well as Ihe Lake County Sheriff's Omce. All five agencics expressed
similar conccms or experiences. Thosc concerns included, but were not limited to:
l> Street level dealers attempting to sell to people cntering the business
l> Smoking of marijuana in public areas
)> Increased "driving while under the influence of marijuana" violations
l> Altcmpted burglaries of marijuana establishments
)> Robberies of clicnts as they lelt businesses with their purchase
l> Adverse impact on neighboring businesses .
')> Presence of a physician on the premises issuing prescriptions for use, which drew numeroas
people from out of the area .
)> Lack.of effort on the part of dispensary owners/employees to control unlawful or nuisance
behavior in and around the business
l> Increased loitering and associated nuisances
)> Complaints that other illegal drugs were sold from the dispensaries
)> Truding of murijuana purchused at a dispensary to a minor for sex
)> Purchuscrs congregating and smoking marijuana in arcijs frequented by children
)> . Sales of malijuana to persons not holding the nppropriute cellificate
. ...... .
The representativcs of each of the agencies polled by Chief Siemens expressed regret thutthe
dispensaries existed in thcir respective communities. Elich was struggling wilh the immedi(lle
impacts and developing a method by which to regulute such businesses.
DISCUSSION
There are two medical marijuuna dispensaries currently operating in the Cily of Concord. Onc. is
located al2155 Colfax Street, and the olhcr is located ut 1120 Contra Costa Blvd. While the
Police Depanment has no rccord of any complaints related to the busincss on Colfax Streel, the
dcpartment has responded to a citizen's complainl rcgarding activity associated with Ihe business
on Contra Cosea Blvd.
That complaint was referred to the Police Depanment by the City Attorney's Orlice, on July 26,
2005. A representalive of a neighboring business called to report that a "bad element" was
loitering near the dispensary and "harassing" femule customers of the complaining business.
Officer Ken <;:arlson investigated the complaint and found no such activity at thc time of his
conta,cJ; however, Officer Carlson has continued 10 monitor the activity near the dispensary and
is prepared to lake the appropriate action against any criminal violations or nuisunce issucs.
While the City of Concord has responded 10 only the one complaint to date, it is likely thut the
cily would cxperiencc an increase in complaints similar to those reponed hy the agcncics
referenced in this memorandum if additional dispensaries wcre authorized. The chance of such
activity will also Iikcly increase lIS word sprcads about the existencc of the two dispensaries
currently operating in the City of Concord.
In addition to facts provided in Chief Siemens' mcmor~ndum, thcrc have been two recent evcnts
of particular note in our region. The first incident was a recent robbery of a dispensary und .
homicide in unincorporated San Leandro and the second was a revocation of op'erating
aUlhorization for a dispensary by lhe Ci:.' of Modesto.
Sail l.ealldro - UI/incorporated Area
On August 19,2005, a number of subjccls concealcd themselves near the cntrancc 10 the facility
prior t.o the opening of the business. The subjects then confronted arriving employees at
gunpoint and forced them into the building where they committed a "luke over" robbery of
marijuana and cash. An employee retrieved a firearm that was kept althe busin'ess for protection
and exchanged gunfirc with the robbers. One of the suspected robbers later died fmmwounds
received in the shootout, .
A representative of lhe Alameda County Sheriff's Office advised Concord staff that not unlike
Concord's experience, the Sherifrs Orlice had also received very few complaints relative to thc.
operation of the medical marijuana dispensaries in the unincorporated area. In fuet, mQst
eri minul invcstigations did not involve the actual operation of the dispensary but inslead the
robberies of individuals after they left the facility. The victims were targeted for the marijUana
they had just purchased.
Mi:l.lki.1 M;"iJllUII:lI)jsr~ns:lri(ll- ~11;IlJUl'lllt&lIm III ('('lInl'ill'\lll=\J~1 ~S. ~nos)
2
0" ..
In July of 2005, the Alameda County Bo~rd of Supervisors passed ~n ordinance regul~ling the
c"istence of medical marijuana dispensmies. The ordinancc calls for a three-part, comprehensive
inspection. First, lhe Shetiffs OfFice is also now authorized to conduct thorough background
investigations on .ull dispensary operators. The other two componcnts arc a facilily inspection by
the County Health Department and II code inspection by ihe County Building Depanmenl.
Alameda County limits the number of dispensaries to a total of lhree in the unincorporated area,
bascd on total populalion of those areas.
City of Modesto
The City of Modesto had adopted an ordinance that allowedmatijuana dispensaries hUI required
regulation of'lhose dispensaties. Their ordinance also included provisions for the revocation of a
previously issued permit, however, there was very Iilllc enforcemenl. The ordinance w.s
vaguely wrillen allowing a dispensary to open as long as Ihe owner/operalor complied with somc
very general provisions. In fact, two dispensaties set up operJtion without knowledge of the
Police Depanment and with no real desctiption of the true purpose of Ihe businesses. One of the
two eventually ceased doing business in the city. . .
The city began to reexamine its ordinance and (he City Council ultimately enacted an emergency
ordinance placing a moratotium on all such operations. The .citythcn used the time petiod of the
moratorium to proceed with a full prohibition on such busincsscs. The onc remaining marijuana
dispensary was granted a grace petiod in which to prepare for pennanent closure. A Modesto
Police Department representative reported that other than the potenlial for secondary public
safety impacts, there were no issues of concern relative to either of the dispensaries. The actions
by the City Council 10 enact a prohibition against such establishmenls were pmmptcd by Ihe
June 6, 2005, U.S, Supreme Court decision in GOl/tilles v. R"i<'h.
. The Concord Police Department joins in the recommendalion that the City Council enaclan
ordinance prohibiting medical marijuana dispensaries within the City of Concord. .
. cc. Lydia Du Borg, Cily Manager.
Craig Labadie, City Allorney
lI.'h:dicnlll.l:tfijuan:1 Oj~11(1~rie~ -1\1emm:InUo.lm htCmlnci' (A"$!tlJ:I.1S. 201151
.1
tie.
b~
MEMORANDUM
August 31, 2005
TO:
Mayor Hoffmeister ,md Members of the City Council
,I !)t:!..
Lydia E. Du Borg, City Manager;\,.! C)
FRO:\1:
SUB,JECT:
Marijuana Dispensaries, Supplemental Information
This is to transmit a memo from Chief Livingston on pOlential gencral poblic safety effects of
medical marijuana dispensary locations, and to provide a response to other questions raised
regarding the proposed ordinance prohibiting the loculing of medical marijuana dispcnsories in
Concord. The proposed ordinance is scheduled for hearing before the Council on September 6,
2005. To clarify, staff is not asking the Council to make a decision on medical use of malijuana,
but on whether commercial marijuana dispensllricsshould be located in Concord.
Peter Dragovich, Director of City Management, researched the issue of whethcr there is a
"synthetic marijuana" available through regular medical prescription. Staff does not purponto
be medical expens, but did discuss this information with a local medical professional. and staff
provides the infonnation below and attoched.
Marinol is an FDA approved "synthctic marijuana" also known as Dronabinol. The actil'e
ingredient in Marinol is a synthctic form of delta-9-THC, the active natural compound
in marijuana. Marinol is available by prescription in Califomia and other states and is used to
treat nausea and vomiting in cancer and other patients and is also prescribed for appetite
stimulation. "Mediclll marijuana" advoclltes will argue that while Marinol contains a synthetic
form of the active ingredient in marijuana, it is not adequate for treating glulIc6ma, neurological
conditions, or pain. Additional infonnation is available at www.marinol.com. (Web face page
attached).
Staff has also looked into the business license and taxable sales issues. Maricarc, the self-
described medical marijuana dispensary on Colfax Street, has come into City offices to apply for
a business license, and was referred to Planning fo.r zoning review. No application was made to
Planning for review of confonnance of the use with zoning. as is required us pall of the pmcess.
August ~ J, 2005
Page 2
Without zoning review, a business license is not issucd. Holistic Solutions on Contra Cosla
Boulcvurd idcntif'ies itself as a rctail seller of health carc products, and was reviewed aS5ueh by
Planning, and wus issucd a business Iiccnsc in May 2005.
According the State Board of' Equalization, marijuana sales arc laxablc. Maric:tre and Holislic
Solutions have nnl registcrcd with thc Board of Equalization, and 'Irc therefore not reponing any
taxable s:des.
Allachmcnts
cc: Craig Labadie, City Allomcy
Mark Boehme, Assistant City Allomey
Chief Dave Livingston
1 Sept OS
~"',(~ .
9-/-0 S; /~
'-f*:c..-
~~
TO: CONCORD CITY COUNCIL AND CLERK
FR: JOSEPH V. A. "Joe" PARTANSKY
FRAIL ELDERL Y AND PERSONS WITH DISABILITIES ADVOCATE
SUBJECT: PUBLIC HEARING, SEPT. 6TH TO PROHIBIT ALL
MEDICAL MARIJUANA DISPENSARIES
In order to present a " balance" of materials and arguments to the City
Attorney's staff report, please find the following:
I) MariCare's "We Need Your Support" flier;
2) "Marijuana Dispensary Maintains Low Profile,"
Contra Costa Times, May, 2005;
3) Patients in the crossfire: Casualties in the War on
Medical Marijuana (www.safcaccessno~.org,
November, 2004, 78 pages);
4) Concord City Council Minutes, July 22 and Sept.
2, 1997; City Attorney's staff report, July 22, 1997.
5) "Talking Points: Medical Cannabis Dispensary Bans";
6) Condition-Based Booklets on HlV/AIDS... total of
8, which are "peer reviewed." See web site
w\vw.safeaccessnow. ore:
7) SALIS Conferees Guide to Medical Marijuana
By Joseph V. A. "Joe" Partansky (lp., April, 2004).
I bring to your attention the City Council minutes of July 22 and
Sept. 2, 1997. Under California Government Section 65858, an initial
moratorium and an extension, such as the one to Prohibit ADI
Medical Marijuana Dispensaries, until July 17,1998, required two
study group reports (10 days before each expiration date). They could
have come from a joint Police .and Department of Community
Development study group (as implied in staff report for July 22, 1997).
There could have been contributions from an AD Hoc Community
Task Force,with additional input from the Council's own Policy
Development and Internal Operations Committee. Also ignored were
Joseph Partansky's July 22, 1997 suggestion for a study group involving
community members and pre-current Mayor Laura Hoffmeister's
plea/suggestion "that the Mt. Diablo Unified School District be included
in a study group if established "(Sept. 2'97). Consider MariCare's flyer.
Sep as as 04:s4p
,.
arete, inc.
architecture
~irl: o. shelby. architect gary I. wheeler. architect
tj'c
t!J~~
Concord City Council
City of Concord
1950 Parkside Drive
Concord, CA 94520
C-c /!::1J~-
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September 6, 2005
RE: Ordinance amending Chapter] 8
Medical Marijuana Dispensaries
To the Honorable Mayor and Council,
I am unable to aHend this evening's City Council Meeting but would like to
add my comments to tonight's discussion via this leHer.
I am a business and properly owner in downtown Concord. near the site of
an unlicensed Medical Marijuana Dispensary (MMD). While I support the
concept of providing medicinal marijuana for real medical needs, I do not
support the current MMD because of several reasons.
When my company decided to purchase the building that we currently
occupy os our office, we spent many hours developing fhe plans idenfifying
the site layout. parking, and office spaces and presented them to the City of
Concord Community Development Department for the proper approvals to
convert a residence into a commercial building. We met wifh the neighbors.
noticed all neighbors within the required distance and attended a pUblic
hearing to obtain the required conditional use permi!. The process took
almost five months. It is my understanding that the Current MMD does not
have the proper approvals for its location.
Parking is a major concern in the area where my office is located. Several
other residential buildings have been converted to commercial use; the result
is an ongoing daily parking problem. Now enter the current MMD. . There is a
steady stream of cars coming and going daily. In front of our office is 0 !wo-
hour commercial parking space that we had requested in order to provide
2289 bonifocio street concord, co 94520 925 692 5888
Sep 06 05 OS:07p
an olt-street parking space for our clients to use when visiting our office. That
space is often not available lor our use os cars pork there continually. In
addition, usually the cars thaI come and pork here have occupants who
remain behind while someone is purchasing their medicinal marijuana. This
adds a certain character to our neighborhood that is unappealing. And we
have hod on many occasions, the occupants sit outside their vehicles on our
lown or on their cars. and they frequently deposit their trash and cigarette
butts on our lawn area. Many times our clients have commented about the
people sitting around in their cars.
I firmly believe lhat if someone wants to open an MMD, lhey should seek and
obtain the necessary approvals prior to opening. I also believe that they
should not be located so Close to schools. as this one is. And. I do not believe
that they. should be located in 0 residential neighborhood. but should be
located instead inside 0 retoil space with adequate porking.
The situation at our office is detrimental to running a professional office given
the current problems related to this issue. One principal 01 our firm lives in
Concord and wishes to have lhe business located in Concord. AI present. we
would consider relocating out at Concord if the situation cannot be
corrected.
Thank you for your consideration and attention to this difficull and very
sensifive subject. I look forward to hearing who I aclions you decide to take.
eler. Architect
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ANDERSEN & BONNIFIELD
TELEPHONE: (925) 602.1400
ATTORNEYS AT LAW
ONE CORPORATE CENTRE
'320 WILLOW PASS ROAD. SUITE 500
CONCORD, CALIFORNIA 94520-5269
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FACSIMilE: 19251 825.Q143
September 6, 2005
Mayor Laura Hoffmeister
City of Concord
] 950 Parkside Drive
Concord, California 94519
Council member Mark Peterson
City of Concord
1950 Parks ide Drive
Concord, California 94519
Vice Mayor Susan Bonilla
City of Concord
1950 Parkside. Drive
Concord, California 94519
Councilmember William Shinn
City of Concord
1950 Parkside Drive
Concord, California 94519
Councilmember Helen Allen
City of Concord
1950 Parks ide Drive
Coneord, California 94519
Re: September 6, 2005 City Council Meeting
Dear Councilmembers:
Our office represents the legal interest of MariCare, a medical marijuana dispensary presently
located in the City of Concord. We are writing to you today in reference to the September 6,
2005 City Council Meeting Item 4C proposing to amend the Concord Municipal Code to
prohibit medical marijuana dispensaries. We would strongly encourage the Council to study
this issue further prior to voting on the proposed ordinance prepared by Staff.
As Council is no doubt aware, medical marijuana has become an increasingly visible issue in
the State of California as well as on a federal level. The application of marijuana as a
medicinal drug has changed considerably over the years. Fifteen years ago, physicians would
not recommend marijuana for medical use because few believed in its medicinal uses and those
that did feared having their licenses to practice medicine revoked. Today, marijuana is seen as
a drug with considerable medical value by mainstream physicians. In fact, the California
Medical Board (the agency that licenses physicians in the State of California) provides
information to physicians to assist in writing prescriptions for medical marijuana and advises
Councilmembers
September 6,2005
Page 2
that physicians who recommend the drug to their patients will not be subject to investigation or
disciplinary action by the Medical Board. t .
The California Medical Association has gone so far as to issue a 21-page document discussing
the issuance of prescriptions to patients that have medical needs for marijuana.2 The support
for medical marijuana extends far past the Medical Board. In 1996; Proposition 215
authorizing the use of medical marijuana was overwhelmingly passed by the voters of the State
of California. . In the City of Concord, 30,416 voters representing over 64% of the vote, voted
in favor of medical marijuana. Since 1996, support for medical marijuana has continued to
grow, In 2002, Time Magazine reported that 80 % of the respondents supported allowing
adults to legally use marijuana for medical purposes..3 In 2003, the State Legislature took up
. Senate Bill 420 coneerning medical marijuana in an attempt to address some of the
shortcomings of Proposition 215. This bill was passed 42 to 32 in the Assembly and 24 to 14
in the Senate and signed into law by the Governor on October 12,2003.
. The ehief law enforcement officer in the State of California, Attorney General Bill Lockyer,
has issued numerous opinions supporting medical marijuana under Proposition 215 and Senate
Bill 420 including, but not limited to, recommending that law enforcement not arrest nor
charge legitimate medical marijuana users' and advising the California Department of Health
Services that they could continue to.issue identification cards for medical marijuana users
without violating Federal Law.'
Unfortunately, the United States Govenunent has chosen to ignore the growing evidence
concerning the redeeming medicinal use of marijuana and continues to pursue its decades long
policy of treating marijuana as a drug with no medicinal value. So while medical marijuana
1 May 12, 2004 news release by the Medical Board of California, "Medical Board
Reaffirms its Commitment to Physicians Who Recommend Medical Marijuana."
2 California Medical Association, Document #1315 "The Compassionate Use Act of
1996: The Medical Marijuana Initiative" June 9, 2005.
3 Time Magazine, November 4,2002, "The New Politics of Pot."
, Attorney General of California "Bulletin to All California Law Enforcement Agencies"
dated June 9, 2005 and June 22,2005. .
5 July 15, 2005 Attorney General of California letter to Robert D. Tousignant, Deputy
Director and Chief Counsel, Department ofHe:l!th Services, concerning "Department of Health
Services's Questions Regarding Medical Marijuana Identification Cards and Federal Law."
Councilmembers
. September 6. 2005
Page 3
usage is permitted under state law' and supported by the medical community, it remains
unlawful under Federal Law.
City Staff has chosen to take the position of recommending that the Council follow federal law
rather than the will of the people of Contra Costa County, the State of California, the Medical
Community, and the Attorney General of California and recommend City Council ban any
dispensary that provides medical marijuana for patients with a doctor's prescription although a
physician has deemed it medically necessary.
It is ironic that the Staff Report takes the position that "the alternative of establishing land use
and operational regulations for medical marijuana dispensaries would put the City in the
position of approving an activity which violates Federal law ." In the past the City has taken
the position of ignoring strict enforcement of Federal Law. In 2000. the City pledged
$120.000 to establish a day labor center on Monument Boulevard the primary purpose of
which was to provide for a gathering place for day laborers who at the time gathered on
Monument Boulevard. This funding was provided with the knowledge that many of these
workers are undocumented and reside and work in California in direct violation of Federal
immigration laws. Yet in acting in a forward-thinking manner, the City decided to support
such a center and benefit the enti~e community. '
Medical marijuana is remarkably similar to the issue the City faced with day laborers in 2000.
Does the City choose to enforce Federal law which the Federal Goverrnnent is not actively
enforcing or instead act in a forward-thinking manner and look for viable alternatives that
serve the needs of its community prior to voting on this issue? I would strongly encourage the
council to consider their alternatives.
I) The Council could vote against the present proposal.
2) The Council could examine this issue more carefully before making a final
decision concerning dispensaries. There are many factors that the Council
should consider prior to passing such an ordinance concerning dispeusaries,
such as the medical needs of the local community and the impact in the
City. A City Council Committee could be formed to review and investigate
the issues carefully and make an informed recommendation to the full City
Council.
3) The City could pass the present Ordinance as proposed by Staff. Passing such
an Ordinance would be premature given the limited information that has been
provided in the Staff Report. Specifically, Staff fails to address effects that such
Councilmembers
September 6,2005
Page 4
a passage may have. Patients who presently require medical marijuana will
continue to need medical marijuana regardless of what action the City takes.
4) The City should also seek the advice and recommendations of medical
professionals since this is truly a medical issue.
MariCare wishes to be a productive member of the community, wishes to work with the City
to provide the needed medical service and would like to relocate to a different location within
the community that is zoned as retail commercial and not located near any residences or
schools.
Since its opening in January, 2005, MariCare has had stringent standards for how medical
marijuana is provided to its members. It requires that the member present a written
prescription from a licensed physician as well as a photo ID. That prescription is then
received, MariCare looks up the name of the issuing physician on a separate list and contacts
that physician to confIrm that the prescription is valid. Once a patient has met those
requirements, MariCare then issues them a tamper-proof photo ID that identifIeS the patient as
having been through the screening process and eligible to receive medical marijuana.
The Staff Report also refers to a potential increase in crime resulting from the establishment of
dispensaries and cites a dispensary that was robbed in San Leandro. It interesting that the
Staff Report is silent a/.lout increased crime as a result of MariCare operating in the City,
presumably because there has not been any increase. MariCare believes that because it
self-regulates itself stringently that it has not created any additional burden on the City's police
department and is unaware ofany crime issues associated with its business.
The City is in a unique position of being able to move forward with this. issue in a proactive
manner even though the Federal Government has not advanced with the times. It is not
unusual for the Federal Government to trail medical science and the needs of society. Let us
not forget a few other issues thai the Federal Government failed to address in a proactive
manner slavery, allowing women the right to vote, and giving equal protection and access to
individuals as part of the civil rights movement. At one time in this country,' it was considered
acceptable for individuals to hold slaves, for women to be excluded from voting or holding
political offIce, and to discriminate against minorities. As we reflect on the past, it is clear that
while Federal law allowed such acts to occur, the Federal Government was wrong in doing so.
The Council should ask itself, when they review their action in 10 - 15 - 20 years, will
they be able. to look back at themselves as being leaders that helped effect a change for
the better? Or were they merely followers that helped to continue a policy that in the end
will likely be found to be wrong. I think this question cannot be answered without the
Councilmembers
September 6, 2005
Page 5
Council taking the time to form a Committee to review this issue fully arid report back to
the full Council.
Very truly yours,
CARY D. McREYNOLDS
CDM:kc
cc: Client
J:\MARICARE\L TR\CONCORD2. wpd
Exhibit D
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REGULAR JOINT MEETING OF THE
CONCORD CtTY COUNCtL
AND REDEVELOPMENT AGENCY
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA
SEPTEMBER 27,2005
The Coneord City Council and Redevelopment Agency met In a regular joint meeting on
Tuesday, September 27,2005 in the Council Chambers. The meeting convened at 6:40 p.m. with
Vice Mayor/Agencymember Bonilla presiding. Mayor Hoffmeister was absent. The pledge to the
flag was led by Councilmember Allen.. Minutes follow in abbreviated form per Resolution 3361 and
Council Minutes of September 26, 1966.
ROLL CALL
COUNCllMEMBERS PRESENT:
COUNCtLMEMBERS ABSENT:
STAFF PRESENT:
MEMBERS OF THE AUDIENCE
WHO ADDRESSED COUNCil:
PUBLIC COMMENT PERIOD
Heten Allen, Mark Peterson, Bill Shinn, Susan Bonilla
Laura Hoffmeister
Lydia Du Borg, City Manager; Mary Rae Lehman, City
Cierk;Mark Deven, Assistimt City Manager, Graig .
Labadie, City Attorney; David Livingston, Chief of Police,
Peggy Lefebvre, Director of Finanee, Joan Carrico,
Director of Community and Recreation Services, Cherie
Rosenquist, Director of Human Resources; Ron Puccinelli,
Direetor of Information Technology; Peter Dragovich,
Director of City Management; Jim Forsberg, Director of
Planning and Economic Development
Phillip Arndt, Concord; Gary Wheeier, Concord; Scott
Wilson, Concord; Michaet Snow, Concord; Joseph V. A.
"Joe" Partansky, Concord; Dan Helfrey, Concord;
Charlotte Taliaferro, Concord; Chuck Carpenter, Concord;
Jeanae D. Hope, Concord; Ed Streto, ConcOrd: Gram
Hodess, Martinez; Scott Kronland, San Francisco; Cary
McReynolds, Concord; Kirk Shelby, Concord
Phillip Arndt, employee of Comcast and Chair of the Chamber of Commerce, announced
Comcast's upcoming "Comcast Cares Day" scheduled for Saturday, October 1, 2005 at the MI.
Diablo High School from 8:30 a.m. - 3:00 p.m. He explained that this annual event allows the
Comcast employees to partner with high school students, teachers, and administrators to do
landseaping, painting, and other light maintenance, and invited the Council to attend. He also
announced that the Concord Greater Chamber of Commerce had recently hired new President and
CEO, Keith McMahon, a Concord resident, who will begin his duties onOctober 17, 2005.
City CouneiVRedevelopment Agency Minutes
September 27, 2005
PRESENTATION - Concord Business Recoonition Awards
Following a report by Dwayne Dalman, Redevelopment Specialist, Vice Mayor Bonilla, with
the assistance of Councilmembers Peterson and Allen, presented recognition awards to Cynthia
Liu, President and CEO of En9ineering Remediation Resource Group; Jeff Woods, JCM Partners;
and Adrees Sharza, General Sales Manager, Concord Hyundai.
ANNOUNCEMENTS
Vice Mayor Bonilla announced an opening for Concord's representative on the Contra
Costa Transportation Authority Citizens' Advisory Committee for a two-year term ending January
31, 2008, and advised Friday, December 2,2005 as the deadline for receipt of applications.
City Manager Lydia Du Borg, introduced the City's new Finance Director, Margaret "Peggy"
lefebvre, and welcomed her to the City.
CITY COUNCil MATTERS
ADOPTION OF ORDINANCE 05-8 - 2004 California Eleclricat Code. Titie 24
Motion was made by Allen and seconded by Shinn to adopt Ordinance 05-8 entitled, "AN.
ORDINANCE AMENDING CONCORD MUNICIPAL CODE CHAPTER 14, (BUilDINGS AND
BUILDING REGULATIONS), ARTICLE VII (ELECTRICAL CODE), SECTION 14-181 ADOPTION
BY REFERENCE OF THE 2004 CALIFORNIA ELECTRICAL CODE AND DELETING SECTIONS
14.183 AND 14.184 OF THE CONCORD MUNICIPAL CODE." Motion passed by the following
vote of the Council:
AYES: Allen, Peter.son, Shinn, Bonilla
NOES: None
ABSENT: Hoffmeister
ADOPTION OF RESOLUTION 05.63 - Skvler Estates Residentiat Subdivision
Motion was made by Allen and seconded by Shinn to adopt Resolution 05-63 entitled, "A
RESOLUTION APPROVING THE FINAL MAP FOR TRACT 7919, SKYLAR ESTATES
SUBDIVISION, ASSESSOR'S ~ARCEL NO. 120-121-028;" to approve the Subdivision Agreement
for the 3-acre parcel located at 1106 Alberta Way; and to authorize the City Manager to execute the
agreement. Motion passed by the following vote. of the Council:
AYES: Allen, Peterson, Shinn, Bonilla
NOES: None
ABSENT: Hoffmeister
ADOPTION OF RESOlUnON 05.66 -Montecito Subdivision
~"j '. :, , .
Motion was' made by Allen and seconded by Shinn t6 adopt HesoliJtion 05-66. entitled, "A
RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS FOR TRACT 8437, MONTECITO
SUBDIVISION," 'an 85-acre parcet on the south side of Ygnacio Valley Road at Cowell Road,
Assessor's Parcel Nos. 135-120-022 and 135-120-023, including drainage facilities, sewer facilities,
street widening, and other improvements required for the development of 183 single family ..
residential lots; and to release the obligation of the bonds posted with the Subdivision Agreement.
Motion passed by the following vote of the Council:
AYES: Allen, Peterson, Shinn, Bonilla
NOES: None
ABSENT: Hoffmeister
2
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City CounciVRedevelopment Agency Minutes
September 27, 2005
I
ADOPTION OF RESOLUTION 05-64 - Silverleaf Residential Subdivision
Motion was made by Allen and seconded by Shinn to adopt Resolution 05-64 entitled, "A
RESOLUTION APPROVING THE FINAL MAP FOR TRACT 8759, SILVER LEAF SUBDIVISION,
ASSESSOR'S PARCEL NOS. 116-070-006 AND 116-203-006," a 4.04.acre property located on
the northeast side of Ctayton Road opposite Newhall Parkway; to approve the Subdivision
Agreement; ,and to authorize the City Manager to ex~cule the agreement. Motion passed by the
following vote of the Council.
A YES: Allen, Peterson, Shinn, Bonilla
NOES: None
ABSENT: Holfmeister
ADOPTION OF RESOLUTION 05-62 - Centre Pointe Subdivision
Motion was made by Allen and seconded by Shinn to adoplResolution 05-62 entitled, "A
RESOLUTION APPROVING THE FINAL MAP FOR TRACT 8815, CENTRE POINTE
SUBDIVISION, ASSESSOR'S PARCEL NOS. 113-241-061,-063, -065, -066, AND -079," at the
northeast intersection of Clayton Road and The Alameda consisting of 9.9 acres; to approve the
Subdivision Agreement; and to authorize the City Manager to execute the agreement. Motion
passed by the following vote of the Council.
A YES: 'Allen, Peterson, Shinn, Bonilla
NOES: None
ABSENT:. Hoffmeister
ACCEPTANCE OF IMPROVEMENTS - 2005 Slurrv Seal Prooram. RFO# 2008
I
Motion was made by Allen and seeonded by Shinn to accept improvements for the 2005
Slurry Seal Program, RFO #2008, constructed by Bond Blacktop, Inc.; and to direct the City Clerk
to file a Notic:e of Comptetlon. Motion passed by the following vote of the Council:
AYES: Allen, Peterson, Shinn, Bonilla NOES: None
SETTING FOR PUBLIC HEARING - Seren Innovations, Ine.
ABSENT: Holfmeister
Motion was made by Allen and seconded by Shinn to set a public hearing for Tuesday,
October 11, 2005 at 6:30 p.m. in the Council Chamber to review a request by Seren tnnovations,
Inc. to transfer its cable television franchise for the cable television system it operates in Concord,
California to Astound Broadband, LLC, a wholly-owned subsidiary of WaveDivlsion Holdings, LLC
of Kirkland, Washington. Motion passed by the following vote of the Council:
A YES: Allen, Peterson, Shinn, Bonilla
NOES: None
ABSENT: HOffmeister
ADOPTION OF ORDINANCE 05-9 - Amendment to Concord Municipal Code - Prohibition of
Medical Mariiuana Dispensaries
This item was pulled from the agenda by Joseph V. A. "Joe" Partansky who stated that
medical marijuana is used as a pain and nausea medication and that the people who need this
medicine, in his opinion, should be able to obtain it.
I
DM Helfrey, a 12-year resident of the community, expressed his desire to establish a
marijuana dispensary business, stating it was "no fun" obtaining the substance illegally.
Scott Wilson, Concord, stated that he represented all the people who could not be at the
meeting, and expressed his opinion favoring medical marijuana dispensaries in Concord.
Michael Snow, resident, urged the Council to adopt Ordinance 05-9 prohibiting medical
marijuana dispensaries in Concord.
3
City Council/Redevelopment Agency Minutes
September 27, 2005
Kirk Shelby and Gary Wheeler, business owners, shared the problems they have
experienced with traffic, trash and loitering because of the medical marijuana dispensary operating
next to their place of business.
Cary McReynolds, legal representative lor MariCare, a medical marijuana dispensary
operating in Concord, stated that his client was taking steps to abate the tralfic and trash issues at
their place of operation and asked the Council to reconsider action on the item.
Councilmember Shinn stated that Mayor Hoffmeister had appointed an Ad Hoc Committee
consisting of himself and herself to review the matter. He advised that the committee had met with
local professionals on Monday, September 26, 2005, and stated that he concluded that there was
no significant practice on the part of medical professionals to use marijuana for pain and that
medicai professionals are not prepared to embrace medical marijuana. He further stated that he
had periodically monitored the operations of MariCare and had witnessed the same negative .
impacts as had been described.
Councilmember Peterson stated that it is his opinion, based upon various reports that he
had reviewed, that the use of marijuanais more hazardous to your health than the illness or
condition that patients are trying to treat.
Motion was made by Shinn and seconded by Peterson to adopt Ordinance 05-9 entitled,
"AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE CHAPTER 18, (BUSINESS AND
BUStNESS REGULATIONS), BY ADDING ARTICLE XI (MEDICAL MARIJUANA DISPENSARIES),
PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE
CITY OF CONCORO." Motion passed by the following vote of the Council:
AYES: Allen, Peterson; Shinn, Bonilla
ABSENT: Hoffmeister
NOES: None"
LEASE AGREEMENT WITH D1ANDA ENTERPRISES. L.P. - Police Deoartment Vallev District
Office
This item was pulled by Joseph V. A. "Joe" Partansky who stated he would like to see the
monthly lease fee shown in the agenda description and recommended a recycling opportunity be
added at the Dianda Plaza Shopping Center.
Motion was made by Allen and seconded by Shinn to approve a lease agreement with
Dianda Enterprises, L.P. for relocation of the Police Department Valley District Offiee to Dianda
Plaza Shopping Center at 4467 Clayton Road; and to authorize the City Manager to execute the
agreement. Motion passed by the following vote of the Council: .
AYES: Allen, Peterson, Shinn, Bonilla
ABSENT: Hoffmeister
NOES: None
ACCEPTANCE OF IMPROVEMENTS - Galindo House Paintino. Proiect No. 1752.1
This item was pulled by Councilmember Peterson to confirm the total cost of the project.
Motion was made by Allen and seconded by Shinn to accept the improvement for Project
No., 1752.1, Galindo House Painting; constructed by River City Painting, Inc. of Sacramento; and to
direct the City Clerk to file the Notice of Completion. Motion passed by the following vote of the
Council:
AYES: Allen, Peterson, Shinn, Bonilla
NOES: None
ABSENT: Hoffmeister
4
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City CounciVRedevelopment Agency Minutes
September 27, 2005
FEDERAL JUSTICE ASSISTANCE GRANT - Familv Violence-Victim Advocate oosition
This item was pulled by Joseph V. A. "Joe" Partansky who opined the agenda item was
incompletely stated.
Motion was made by Alien and seconded by Shinn to approve the acceptance of a Federal
Justice Assistance Grant (JAG) in the amount of $51,000 to partially fund the Police Department's
Family Violence-Vietim Advocate position; to appropriate the acceptance; and to authorize the City
Manager to "xecute the agreement. Motion passed by the following vote of the Council:
AYES: Alien, Peterson, Shinn, Bonilla NOES: None.
ABSENT: Hoffmeister
PUBLIC HEARING - Concord Boulevard Rezonino
The notice of public hearing was published in the Contra Costa Times, mailed to affected
parties, and posted in the Civic Center posting cabinet on September 16, 2005.
Planning Manager Deborah Raines presented a report, referring to her memorandum dated
September :!7, 2005, stating that property owners of three parcels of approximately 1.03-acre totat
land area along the south side of Concord Boulevard and Farm Bureau Road applied to rezone
their properties from Singie Family Residential (R-B and R-10) to Apartment and Professionai Office
. (APO). She noted that the properties were developed with office uses prior to annexation into the
City in 1967, that with adoption of the General Pian in 1995, the three properties were designated
Community Office, and ratained the original R-a and R-10 zoning. She went on to say that this
limits repairs" remodeling and expansion that the property owners may undertake for the existing
offices. She concluded that Planning Commission had considered the applieation at a hearing on
August 17, 2:005 and unanimously recommended Council approval for this rezone.
The public hearing was opened and closed without comment.
Motion was made by Allen and seconded by Shinn to introduce Ordinance 05-425.5 by
reading of the title only and waiving further reading, entitled, "AN ORDINANCE AMENDING THE
ZONING MAP AS FOLLOWS: CONCORD BOULEVARD REZONtNG (RZ 05-002) OF PARCELS
t13-111-051, 113-111-063, AND 114-370-060, COMMONLY KNOWN AS 3554, 3556, AND 3600
CONCORD BOULEVARD, FROM R.B AND R-10 (SINGLE FAMILY RESIDENTIAL DISTRICT) TO
APO (APARTMENT AND PROFESSIONAL OFFICE DISTRICT)" The City Attorney read 1he
ordinance title. Motion passed by the foliowing vote of the Couneil:
A YES: Allen, Peterson, Shinn, Bonilla
NOES: None
ABSENT: Hoffmeister
AGREEMENT WITH McDONOUGH. HOLLAND AND ALLEN PC - Redevelooment Area in the
Iniand Portion of the Concord Naval Weapons Stations
Motion was made by Allen and seconded by Shinn to approve an agreement with
McDonough. Holland and Allen PC in the amount of $70,000 to provide legal services to the
Concord Redevelopment Agency relating to the formation of a new redevelopment area in Ihe
inland portion of the Concord Naval Weapons Station; and to authorize the Executive Director to
exeeute the agreement. Motion passed by the following vote of the Council/Agency:
A YES: Allen, Peterson, Shinn, Bonilla
NOES: None
ABSENT: Hoffmeister
5
City Council/Redevelopment Agency Minutes
September 27. 2005
PUBLIC HEARING - Amendment of November 2000 Disoosition and Develooment Aoreement
(oDA) between the Concord Redevelopment Aoencv and Leoacv Partners 2273 LLC
This item was continued by the City Attorney in a memorandum dated September 26, 2005,
stating that the Cily Attorney's office was still working with the Legacy attorneys and that il was
preferable to postpone hearing the item at this time.
Seott Kronland, attorney representing Local UA 159, IBEW 302, and Sheet Metal Workers
104, addressed the Council and stated the Unions were opposed to amending the DDA which, in
his opinion, would benefit Legacy Partners. He went on to state that the Legacy project was a
pUblic work, and that while the Redevelopment Agency did not require Legacy to comply with labor
laws, because Legacy did not require Union waging It has resulted in tegal problems. He urged the
Council not to amend the DDA, which, in his opinion, might subject the City to liabilities.
Gram Hodess, Business Manager for Plumbers/Steamfitters Loeal 159, who. had 302
sheetmetel workers on the project, and resident Ed Strelo, urged the Council not to adopt the
amendment.to the DDA.
After discussion, the Council requested the item be continued to a Closed Session, and
stated that the matter would be renoticed for a future Council meeting, if one were required and
could not be rescheduled within 30 days.
The Council recessed at 7:58 p.m. and reconvened at 8:10 p.m.
PUBLIC HEARING - One-Time Emerdencv Mobilehome Rental Assistance Prooram for Adobe and
Diablo Mobilehome Lodoes
Housing Manager Amy Hodgett presented a report, referring her memorandum dated
September 27, 2005, regarding the feasibility of providing Emergency Rental Assistance for those
residents of Adobe and Diablo Mobile Lodges who might be ina position of losing their homes as a
result of the imposition of the retroactive rent increase payments ordered by the Mobile Homes
Rent Review Board and a recent basic rental inereases imposed by the landlord. She advised that.
the matter had been reviewed by the Council Committee on Housing and Economic Development
and that the recommended Emergency Rental Assistance alternatives were loans that would place
a lien against the mobilehome units and would be paid off when the mobilehome was sold. The
program, she stated, is designed to target one-time assistance which would cease at the end of a
proposed one or five-year program. She also stated that there were three levels of threshold
eligibility proposed; at 50% of Area Median Income, at 30% of Area Median Income, and eligibility
limited to households who moved into either of the mobilehome parks since 1994. She emphasized
that the assistance would be available only at the Adob.e and Diablo parks.
Following cqmments by the Councilmembers and ctariflcatlon of questions eonceming the
proposed program alternatives, the public hearing was opened.
Jeanae D. Hope and Chuck Carpenter, residents, urged the Council to approve the 50% of
Area Median Income threshold eligibility option with a one-time payment.
Charlotte Taliaferro, resident, expressed her concern that the landlord may not accept the
paymen' and asked who prepared the calculations defining what each tenant owed. City Attorney
Labadie explained that the figures were prepared by the park owner.
The publie.hearing was closed.
Following discussion, motion was made by Allen and seconded by Bonilla to approve an
Emergency Rental Assistance Program for Adobe and Diablo Mobile Lodges with an eligibility
threshotd set at 50% of Area Median Income, consisting of a one-time payoff, and to authorize a
6
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City Couneil/Redevelopment Agency Mlnute~ .
September 27, 2005
I
budget transfer of $200,000 from Project No. 1168 and other changes specified in the Ten-Yea'"
Plan. Motion passed by the following vote of the Council; .
AYES: . Allen, Peterson, Shinn, Bonilla
NOES: None.
ABSENT: Hoffmeister
JOINT CITY COUNCIUREDEVELOPMENT AGENCY MATTERS
CORRESPONDENCE
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I.
m.
a. Treasurer's Report for the month of July, 2005.
b. Memo dated September 27, 2005 removing item 3.1 from the Consent Calendar.
c. Me,mo dated September 26, 2005 removing item 6.a from the agenda.
d. Paul Broadman's September 27, 2005 telephoned comments concerning medical
marijuana dispensaries.
e. Benched comments. regarding the Concord Boutevard Rezoning from:
- Ronald J., Marilou C., and Charles R. Stewart received
Sept. 26, 2005
- Barbara Catdera received Sept. 25, 2005 .
- Mark Caldera received Sept. 25, 2005
-Leslie Finerty received Sept. 25, 2005.
Photographs submitted by Gary Wheeler of activities near MarlCare business.
Sept. 14; 2005 letter from Ellen Hague regarding medical marijuana business.
Sept. 9, 2005 letter from Charles Martin regarding medical marijuana.
.... .~J.~~'.'
Sept. 16, 2005 telephone message: from Stephen Driscoll regarding MariCare,
. .
Sept. 5, 2005 submittal by Dr. FredVon Stleff entitted "Marijuana Abuse".
Sept. 8, 2005 letter to Mayor Hoffmeister from Dr. Fred J. Von Stleff expressing his
professional opinions about marijuana use
Sept. 6. 2005 Internet citing entitled "Medical Marijuana: An Overview"
Article entitled "Cocatne-Retated Environmental Cues Elictt Physiological Stress
Responses"
COUNCIL AND STAFF REPORTS
Councilmember Peterson referred to the recent article In the Contra. Costa Times concerning the
revitalization of Coneord's downtown area.
I
Councilmember Allen announced the success of this year's Symphony in the Park Coneert.
Councilmember Shinn advised that there was a 4-day Emergency Preparedness Class being
held and stated that he and several of the City's staff were attending.
7
City CounciVRedevelopment Agency Minutes
September 27,2005
By order of the chair, the meeting was adjourned at 8:50 p.m.
I
APPROVED:
...')-il-;Y~A&n",~~ ~
'-.'SUSAN BONILLA' N1A K PETERSON
VICE MA YOR/AGENCYMEMBER COUNCtLMEMBER/AGENCY CHAtR
I
I
8
ANNOTATED AGENDA
REGULAR JOINT MEETING OF THE
CONCORD CITY COUNCIL
AND REDEVELOPMENT AGENCY
---
Tuesday, September 27, 2005 .
. llll" ""
iit~~
6:30 p.m. - Council Chamber
]950 Parkside Drive
6:30 p.m. - Council Chamber
ROLL CALL - Mayor Hoffmeister absent
PLEDGE TO THE FLAG - Councilmember Allen
PUBLIC COMMENT PERIOD
Phillip Arndt, employee of Comcast and Chair of the Chamber of Commeree, llIUlouneed
Comeast's upcoming "Comeast Cares Day" scheduled for Saturday, October 1,2005 at the Mt.
Diablo High School from 8:30 a.m. - 3 :00 p.m, He explained that this llIUlual event allows the
. Comeast employees to partner with high school students, teachers, and administrators to do
landscaping, painting, and other light maintenance, and invited the Council to attend. He also
llIUlounced that the Coneord Greater Chamber of Commerce had recently-hired new President
and CEO,Keith MeMann, a Concord resident, who will begin his duties on October ]7,2005.
1. PRESENTATION.,.. of Concord Business Recognition Awards to JCM Partners,
Engineering Remediation Resource Group, and CoIieord Hyundai. Report from Dwayne
Dalman, Redevelopment Specialist.
ACTION: Vice Mayor Bonilla, with the assistance of Councilmembers Peterson and
Allen, presented the recognition awards.
City CouneilJRedevelopmentAgency Agenda
September 27, 2005
2. ANNOUNCEMENTS
a. Announcing- an opening for Concord's representative on the Contra Costa
Transportation Authority Citizens' Advisory Committee for a two-tenn ending
January 31, 2008, and establishing Friday, December 2, 2005 as the deadline for
reeeipt of appiications. Report from Mayor Hoffineister.
ACTION: Vice Mayor Bonilla announced the opening on the Contra Costa
Transportation Authority Citizens' Advisory Committee and advised Friday,
Deeember 2, 2005 as the deadline for receipt of applications.
CITY COUNCIL MATTERS
3. CITY COUNCIL CONSENT CALENDAR
a. Adopt Ordinance 05-8 - Amendment to the Concord Municipal Code by
adopting the 2004 California Electrical Code, Title 24 - amending Chapter 14,
Artiele VII, Seetion 14-18] and deleting sections 14-183 and 14-184 of the Concord
Municipal Code. Ordinance was introduced on September 6, 2005.
ACTION: Ordinance 05-8 adopted. (4-0-1, Hoffmeister absent)
b. Adopt Ordinance05~9 - Amendment to Concord Municipal Code- Prohibition
of Medical Marijuana Dispensaries - amending Chapter 18 (Business and Business
Regulations) by adding Article XI (Medieal Marijuana Dispensaries) prohibiting the
establishment of medical marijuana dispensaries within the City of Concord. .
Otdinanee was introduced on September 6, 2005.
ACTION: Ordinance 05-9 adopted. (4-0-1, Hoffmeister absent)
e. Approving - a lease agreement with Dianda Enterprises, L,P. for relocation of the
Police Department Valley District Office to Dianda Plaza Shopping Center at 4467
Clayton Road, and authorizing the City Manager to execute the agreement.
Recommended by Chief of Police.
ACTION: Lease Agreement approved; City Manager authorized to eJl:ecute
it.
2
City Council/Redevelopment Ageney Agenda
September 27,2005
d. AcceptiJig - improvements forProjeet No, 1752.1, Galindo House Painting,
constructed by River City Painting, Inc. of Sacramento; and directing the City
Clerk to file the Notiee of Completion. Recommended by the Director of Public
Works - Engineering Services.
ACTION: Improvements accepted; City Clerk to me the Notice of
Completion.
I e. Approving - the Firial Map for Tract 7919, Skyler Estates Residential
Subdivision, Assessor's Parcel Nwnber 120-121-028; approving the Subdivision
Agreement; and authorizing the City Manager to execute the agreement.
Resolution 05.63 for adoption. Recommended by the Director of Public Works-
Engineering Services. .
ACTION: Resolution 05-63 adopted, approving Subdivision Agreement and
Final Map for Tract 7919, Skyler Estates Residential Subdivision, and
authorizing the City Manager to execute the agreement.
f. Accepting - the public improvements construeted for Traet 8437, Monteeito
Subdivision, including drainage facilities; sewer facilities, street widening, and
other improvements required for the development of 183 single family residential
lots; and releasing the obligation of the bonds posted with the Subdivision
Agreement. Resolution 05-66 for adoption. Recommended by Director of Pub lie
Works - Engineering Services.
ACTION: Resolution 05-66 adopted aecepting the improvements for Tract
8437, Montecito Subdivision, and releasing the obligation of tbe bonds posted
with the Subdivision Agreement.
g. Approving - the Final Map for Tract 8759, Silverleaf Residential Subdivision,
Assessor's Parcel Nos. 116-070-006 and 1 ]6-203-006; approving tbe Subdivision
Agreement; aild authorizing the City Manager to execute the agreement.
Resolution 05-64 for adoption. Recommended by Director of Public Works...;
Engineering Services,
ACTION: Resolution 05-64 adopted, approving Subdivision Agreement and
Final Map for Tract 8759, SUverleafResidential Subdivision.
3
City Council/RedevelopmentAgeney Agenda
September 27, 2005
h. . Approving - the Final Map for Tract 8815, Centre Pointe Subdivision,
Assessor's Parcel Nos. 113-241-061, -063, -065, -066, and -079; approving the
Subdivision Agreement; and authorizing the City Manager to execute the
agreement. Resolution 05-62 for adoption. Recommended by Direetor of Public
Works - Engineering SerVices.
ACTION: Resolution 05-62 adopted, approving the Subdivision Agreement
and Final Map for Tract 8815, Centre Pointe Subdivision, and authorizing
the City Manager to execute the agreement.
i. Approving - the Final Map for Tract 8872, Vista Kellyoaks Subdivision,
Assessor's Parcel Numbers 134-032-012, 134-051-023, and -024; approving the
SubdiVision Agreement; and authorizing the City Manager to execute the
agreement. Resolution 05-65 for adoption. Recommended by Director of Public
Works - Engineering Services. .
ACTION: This item was removed from the Consent Calendar.
j. Accepting - improvements for the 2005 Slurry Seal Program, RFQ #2008,
constructed by Bond Blacktop, Ine., and directing the City Clerk to file a Notice of
Completion. Recommended by the Director of Pub lie Works - Maintenance
Services.
ACTION: Improvement accepted; City Clerk to file the Notice of
Completion.
k. Matter to be set for Public Hearing on October 11, 2005 -
Seren Innovations, Inc. - to review a request by Seren Innovations, me. to
transfer its eable television franchise for the cable television system it operates in
Concord, California to Astound Broadband, LLC, a wholly-owned subsidiary of
WaveDivision Holdings, LLC of Kirkland, Washington. For further infonnation
contaet (925) 671-3085. Recommended by Director of City Management.
ACTION: Public Hearing set for Tuesday, October 11, 2005.
4
City Council/RedevelopmentAgency Agenda
September 27, 2005
I. Approving - the acceptance and appropriate the aceeptance of a Federal Justice
Assistance Grant (JAG) in the amount of$51,000 to partially fund the Police
Department's Family Violenee- Victim Advocate position and authorizing the City
Manager to execute the agreement. Recommended by the Chief of Police.
ACTION: Federal Justice Assistance Grant accepted and appropriated; City
Manager authorized to execute the Grant.
4. CITY COUNCIL PUBLIC HEARING
a. Concord Boulevard Rezoning - consideration of an application to rezone three
parcels, 3554, 3556, and 3600 Concord Boulevard, from Single Family Residential to
Apartment and Professional Offici: District. Assessor Pareel Nos. 113-11 ]-051,
113-11 ]-063, and 114-370-060. Approval recommended by the Planning
Commission. Report from Planning Manager, Deborah Raines.
ACTION: Ordinance 05-425.5 introduced by reading of the title only
and waiving further reading.
JOINT CITY COUNCIL/
REDEVELOPMENT AGENCY MATTERS
5. JOINT CITY COUNCILIREDEVELOPMENT AGENCY CONSENT CALENDAR.
a, Approving - an agreement with McDonough, Holland and.A1len PC in the
amount of $70,000 to provide legal services to the Concord Redevelopment
Agency relating to the fonnation of a new redevelopment area in the inland
portion of the Concord Naval Weapons Stations and authorizing the Exeeutive
Director to execute the agreement. Recommended by Director of Planning and
Economic Development.
ACTION: Agreement approved; Executive Director authorized to execute
it.
5
City CouneillRedcvelopment Agency Agenda
September 27, 2005
6. JOINT CITY COUNCILIREDEVELOPMENT AGENCY PUBLIC HEARINGS:
MAYOR: Madam Clerk, have aU the publications been completed and appropriate
parties notified?
. . .
a. Amendment of November 2000 Disposition and Deveiopment Agreement
between the Concord Redeve]opment Agency and Legacy Partners 2273 LLC -
to add a provision eliminating the tax increment rebate if the project converted to
condominiums, and to remove provisions that provide for deferred participation
payments to the Agency. City Couneil Resolution 05-71 and Redevelopment Ageney
Resolution 05-677 for adoption. Report by Director of PI arming and Economic
Development.
ACTION: Item referred back to Closed Session.
b. One-Time Emergeney Mobilehome Rental Assistance Program for Adobe and
Diablo Mobilehome Lodges - authorizing the establishment of a one-time
Emergency Mobilehome Rental Assistanee Program by transferring funds from .
Capital ImprovementProjeet No. P-1168, Affordable Housing Infrastructure, to
Emergency Mobilehome Rental Assistance for Adobe and Diablo Mobilehome
Lodges, a new project, and amending the Redevelopment Agency Housing Set-Aside
2005-06 Budget and ] 0- Y ear Plan. Recommended by the Council Committee on
Housing and Economic Development. Report by Housing Manager Amy Hodgett;
ACTION: Emergency RentalAssistance Program forAdobe and Diablo
Mobile Lodges approved with an eligibility threshold set at 50% of Area Median
Income, consisting of a one-time payoff, and authorizing a budget transfer of
$200,000 from Project No. 1168~
7. CORRESPONDENCE '
a. Treasurer's Report for the month of July, 2005.
b. Memo dated September 27,2005 removing item 3.i from the Consent Calendar.
c. Memo dated September 26, 2005 removing item 6.a from the agenda.
d. Paul Broadman's September 27,2005 telephoned eomments concerning medical
marijuana dispensaries.
6
City Council/Redevelopment Ageney Agenda
September 27, 200S
. e. Benehed comments regarding the Concord Boulevard Rezoning from:
- Ronald J., Mariloil C., and Charles R. Steward received Sept. 26, 2005
- Barbara Caldera received. Sept. 25, 2005
- Mark Caldera received Sept. 25, 2005
- Leslie Finerty reeeived Sept. 2S, 200S
f. . Photographs submitted by Gary Wheeler of activities near MariCare business.
g, Sept. ]4,200S letter from Ellen Hague regarding medical marijuana business.
h. Sept. 9, 200S letter from Charles Martin regarding medieal marijuana.
i. Sept. 16, 2005 telephone message from Stephen Driscoll regarding MariCare.
j. Sept. S, 2005 submittal by Dr. Fred Von Stieff entitled "Marijuana Abuse".
k, Sept. 8, 2005 letter to MayorHoffmeister from Dr. Fred J. Yon Stieff expressing
his professional opinions about marijuana use
I. Sept. 6, 2005 Internet citing entitled "Medical Marijuana: An Overview"
m. Article entitled "Cocaine~Related Envirorunental Cues Elicit PhySiological Stress
Responses"
8. CLOSED SESSION REPORTS - None
9. COUNCIL AND STAFF REPORTS
Couneilmember Peterson referred to the reeent artiele. in the Contra Costa Times
concerning the revitalization of Concord's downtown area.
Couneilmember Allen announced the suceess of this year's Symphony in the Park COIicert.
Couneilmember Shinn advised that there was a 4-day Emergency Preparedness Class being
held and stated that he and several of the City's staff were attending.
10. ADJOURNMENT at 8:50 p.m.
7
City Council/Redevelopment Agency Agenda
September 27, 2005
NOTICE
There is a 9o-day limit for the filing of a challenge in the Snperior Court to certain City administrative decisions and
orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on
the date the decision is final (Code of Civil Procedure Section 1094.6). Further, if you challenge an action taken by the
City Council in court, you may be limited, by California law, including but notlimiled to Government Code Section
65009, to raising only those issues you or someone else raised in the publie hearing, or in written correspondence
delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a
decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special
meeting (policy and Procedure No.2, Section 4.24). For information on the next reguiar or special City Council meeting,
pieaSe call (925) 671-3495. .
NEXT REGULAR CITY COUNCIL MEETING: Tuesday, October 4, 2005
MEETING RECORDS
Audio cassette tapes' and videotapes of most City Council meetings -are available for listening or viewing at the City
. Clerk's office. Copies of the videotapes may be purchased. Contact the Conununity Relations Manager at (925)
671-3272 for further information.
8
Page I of J
Du Borg, Lydia
From: Dennis Packer [packer@altrionel.com]
Sent: Wednesday. September 07, 2005 9:59 PM
. To: cityeouncil@ei.concord.ea.us
Subject: ATTN Councilman Peterson
I read with interest your feelings regarding whether your city council should allow medical marijuana dispensaries in
your city.
I may be able to sh.ed some light on the subject of medical marijuana dispensaries for you....What woutd you say if
one single medieal marijuana dispensary grossed $71,000 a day and that does not include credit card sales? One of
the reasons a robberies occur at these facilities, like the one in San Leandro a couple of weaks ago, is the. fact crooks
are aware of tha profitability of medical marijuana. In addition, don't lat anyone fool you, anybody ean seore
marijuana at thase places.
I briefed.the Los Angeles County counsel as they studied the. same questions you are pondering.
\canned
ATIACHMENI' 7
09113/200S
RECE~!ED
"Its against the law,
We might /lot like the law.
But it's against the law.
Mark Peterson
SEP ! 3 Z005
CITY MGR'S. OFFICE
!?t'. ,
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The federal government has long opposed the legalization of marijuana for
medical use. The federal government continues to list marijuana as a
schedule I drug." Unsafe, highly subjected to abuse and has no possible
medical value, (Now is that value for the government or use for the patient?)
The federal government has excepted the legalization of Marino I for medical
use and in so dropping the drug to a schedule'H drug and its being sold today
by the Solvay Pharmaceutical company and at a cost that most people cant
afford:
The main drug in marinol isTHC; the only drug in marijuana is THe.
In 1972" President Nixon National Commission on Marijuana and drug
abuse" after years of research, that there is little proven danger of physical or
psychological hann in the experimental or intennittent use of natural
marijuana.
For the above reasons I/we are hoping that we can count on your vote to
keep Maricare Medical Marijuana providers open for legal patients.
Tha~'~~ ~ _/
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Concord Police Department Memotandum
David 0, Livingston, Chief of Police
RECEIVED
SEP 1 5 ZOGS
September 15, 2005
To:
From:
Subject:
Attached you will find an article by Karen Tandy, The Administrator of the U.S. Drug
Enforcement Administration, (DEA). This article was published in the official magazine
of the International Association of Chiefs of Police, The Police ChIef, in the March, 2005
issue,
The article sets out the view of the DEA and other Federal Agencies that marijuana is.
not medicine. Although I understand the issue before Council Is not the validity of
"medicinal" marijuana, I thought the article would nonetheless provide some context
and might be helpful as you deliberate this issue now before you.
Obviously others may have different views from those set out by the DEA. However,
the information contained In the article is fully supported as evidenced by the
exhaustive footnotes. It does provide somewhat of a balancing perspective.
Thank you.
cc, j Lydia Du Borg, City Manager
Craig Labadie, City Attorney
ATIAGHMENr 5
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From The Administrator .. ~Oc'U,.f
Marijuana: The Myths Are Killing Us . ~ ~ "'on on · '"
By Karen P. Tandy, Administrator, U.S. Drug Enforcement Administration, .s~ .ft.
Washlnglon, D.C., and Chair, IACPNareotics and Dangerous Drugs Committee
Karen P. Tandy" Admlnistralor,U.S.
Drug Enforcement Adminjslralion
Irma Perez died from taking ecstasy; but compounding Ihat tragedy was the deadly
decision 10 use marijuana to "treat" her Instead of making what could have been a
lifesaving. call to 911. Irma was a victim ~f our society's stunning misinformation
about marijuana.a society that has come 10 believe Ihalmarljuana use is not only an
individual's free choice but also Is good medicine, a cure.all for a variety of ills. A
recent poll showed that neariy three-fourths of Americans over the age of 45 support
legalizing marijuana for medical use.3 .
....~......"'.,.,'...".'w . ..
. ',:,!~:..\\'.. ..:: hen 14-year-old Irma Perez of Belmont,
. .' ::.. California, took a single ecstasy pill one
. :..:'. . , evening last April, she had no idea she would
.. . become one of the 26,000 peopte who die every
. year from drugs.' Irma took ecstasy wllh two of her
14-year-old friends in her home. Soon efter taking
the tiny blue pill, .Irma complained of feeling awful
.. and said she felt like she was "going to die: Instea.d
of seeking medical care, her friends calied the 17.
year-old dealer who supplied the pills and asked for
.advlce. The friendinried to get Irma to smoke
marijuana, but when she couldn't because she was
vomillng and lapsing Into a coma, they stuffed .
marijuana leaves Into har mouth because, according
to news sources, "Ihey knew that drug Is somellmes
used to treat cancer patients,-2
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.1I's a belief that has fillered down 10 many of our teens, If what t'm hearing during my
visits wilh middle school and high school students across the country Is true, I'm
amazed at how well versed In drug legalization these teens are. It Is as If legalization
advocates stood outside their schools handing out their leanets 01 lies. Here Is what
students have told me about marijuana: "Irs natural because it grows In the ground,
so II must be good for you: "II must be medicine, because it makes me feet beller:
"Since everybody says It's medicine, It is." . .
legaliZation advocates themselves have alluded to the facl that so-called medical
marijuana Is a way of achieving wholesale drug legalization. A rew years ago, the
New York Times interviewed Elhan Nadelmann, director of the lindesmilh Center, a
drug pOlicy research .center. Responding to criticism that the so-called medical
marijuana Issue is a stalking horse for drug legalization, Mr. Nadelma'nn did not
disagree. "Will it help lead toward marijuana legalization?" he asked. "' hope SO:4 .
The issue of martJuana as medicine has captured lhe nation's allentlon and has now
made its way to the U, S. Supreme Court, with Ashcron v. Ratch stlil pendlng.S The
natural extension of this myth Is that, if marijuana Is medicine, It must also be safe
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lor recreallonal use. This pervasive mindsel has even reached our courts. .tn January
2005, for example, Governor Frank Murkowskl of Alaska had to ask Ihe I.egislalure
"to overrule a court ruling thai adult Alaskans have the right 10 possess man]uana for
personal use In their homes."6 There was no pretense of medical use in this ruling; II
gave Alaskans the legsl right to smoke marijuana ror any reason. lending credence
10 the belief Ihat marijuana is nol only safe to treal serious IItness bul somehow sare
for general use and ror all society. .
Whal is Ihe antidote? Spreading Ihe truth. As a prominenl spokesperson in your
communily, you have the opportunity and, I would argue, the responsibility 10 Inrorm
your neighbors. America is nol sufferinglrom anything lhatthe truth can't cure. To
help you set the record stratght, Ihis article seeks to rebulthe rhetoric and recap the
reality.
Myth: Marijuana Is medicine.
.Reallty: Smoked marijuana is not medicine. .
The scienllfic and medical communities have determined that smoked marijuana Is a
. health danger, not a cure. There is no medlcat evidence lhal smoking marijuana'
helps pallents. In ract, Ihe Food and Drug Administration (FOA) has approved no
medications that are smoked, primarily because smoking Is a poor way to-deliver
medicine, Morphine, for example has proven 10 be a medically vatuable drug, but the
FDA does not endorse smoking opium or heroin.
Congress enacted laws against marijuana In 1970 based In part on lis conciusion
that madjuana has no scientifically proven medical value, which the U.S. Supreme
Court affifl)led more Ihan 30 years later in Uniled States v. Oakland Cannabis
Buyers' Cooperative, el aI., 532 U.S. 4B3 (2001). Marijuana remains in schedule 1 or
the Controlled Substances Acl because II has a high pOlential for abuse, a lack of
accepled safety for use under medical supervision, and no currently accepted
medical value.7
The American Medical Associ~1I0n has rejected pleas 10 endorse marijuana as
medicine, and Instead urged thai marijuana remain a prohiblled schedule 1 drug at
teasl untillhe results of controlled studies are in,S The National M~llIple Sclerosis
Society slated that sludies done to date "have not provided convincing evidence Ihal
marijuana benefils,people with MS" and does nol r~commend n as a Ireatment.9
Further, Ihe MS Society states thai for people with MS "lon9-lerm use of marijuana
ma.y be associated with si9njfjcan~ serious side effecls,-10
The Brillsh Medical Association has taken a similar poslllon, voicing "extreme
concem" that downgrading the criminal status of marijuana would 'mislead" the
public into thinking Ihalthe drug is safe 10 use when, "In fact, it has been linked to
greater risk of heart disease, lung cancer, bronchitis, and emphysema."l1
In 1999 the Instilule of Medicine (10M) undertook a landmark study reviewing the
alleged medical properties of marijuana. Advocates of so-catled medical marijuana .
frequenlly toutlhis study, but the study's findings decisively undercut their
ar9uments. In truth, Ihe 10M expliCitly found that marijuana Is not medicine and
expressed concem aboul palients' smoking it because smoking Isa harmful drug-
delivery system. The 10M further found Ihatthere was no scientific evidence that
smoked marijuana had medical value, -even for the chronically ill, and concluded that
"there is lillle fulure In smoked marijuana as a medlcatly approved medicalion."12 In
facl. the researchers. who conducled Ihe sludy could find no medical value to .
marijuana for virtually any ailment they examined, .Including ihe treatment of wasting
syndrome in AIDS patients, movemenl disorders such .as Parkinson's disease and
epilepsy, or glaucoma.
The 10M found that THC'. (Ihe primary psychoactive ingredient in marijuana, in .
smoked marijuana provides only temporary reliel from intraocular pressure (tOP)
associaled with glauc;oma and would have 10 be smoked el9htto 10 limes a day to
achieve consistent results. And there exists another Ireatment for lOP, as the
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Page 3 of7
availability of medically approved once- or twice.a-day eye drops makes lOP control
a realilyfor many patients and provides round-the-clock lOP reduction.'4 For tWo
other conditions. nausea and pain, the report' recommended against marijuana use,
while suggesting further research in timited circumstances for THC but not smoked
marijuana. 15
Before any drug can be marketed in the United States, II must undergo rigorous'
scientific scruUny and clinical evaluation overseen by the FDA. For example, the
FDA has approved Marinol (dronabinol)-a safe capsule form of synthetic THC that
meets the standard of accepted medictne and has the same properties as culllvated
marijuana without the high-: (or the treatment of nausea and vomiting associated with
cancer chemotherapy and for the treatment of wasting syndrome in AIDS paUents.
The federal government has approved and continues to approve research into the
possible use of marijuana as medicine and any new delivery systems of marijuana's
active ingredients. To quote U.S. Supreme Court Justice Stephen Breyer's remarks
during lhe November 2004 Raich oral argument, "'Medicine by regulation is better
than medicine by referendum."'6 Proving that the regulatory process does work,
DEA has regislered every researcher who meets FDA standards to use marijuana in
scienllfic studies. Since 2000, for example, the Californla.based Center for Medicinal
Cannabis Research (CMCR) has gained approval for 14 trials using smoked
marijuana in human beings and three trials in laboratory and animal modeis.ll This
CMCR research is the first effort to study the medical efficacy of marijuana. But
researchers have not endorsed smoking marijuana and instead are attempllng to
isolate marijuana's acllve Ingrediilnts to develop altemalive delivery systems to
smoking.'6 Not one of these researchers has found scientific proof that smoked
marijuana is mediCine.'.
Myth: Legalization of marijuana In
other countries has been a success.
Reality: Liberalization of drug laws
In other countries has often resuUed
In higher use of dangerous drugs,
Over the past decade, drug policy In some foreign countries, particularly Ihose In
Europe. has gone through some dramatic cha-nges toward greater liberalization with .
failed results. Consider the experience of the Nethertands, where the government
reconsidered ils legal/zation measures In Iighl of thai country's experlence. Mer
marljuana use became legal, consumption nearly tripled among 18.10 20-year-olds.
As awareness of the harm of marijuana grew, Ihe number Of cannabis coffeehouses
in the Ne.lherlands decreased 36 percent in six years. Almost aI/ Dutch lowns have a
cannabis policy, and 73 percent of them have a no-tolerance pol/cy toward the
corteehouses.20
In 1987 Swiss officials permitted drug use and sales In a Zurich park, which was
soon dubbed Needte Park, and Switzerland became a magnet for drug users the
world over. Within five years, Ihe number of regular drug users at the park had
reportedly swelied from a few hundred to 20,000. The area around the park. became
crime-ridden to the point that the parK had to be shut down and the experiment
terminated.21
Marijuana use by Canadian teenagers is at a 25-year peak in Ihe wake of an
aggressive decriminalization movement. Atlhe very lime a decriminalization bill was
before the House or Commons, the Canadian government released a report showing
that marijuana smoking among teens Is "at levels that we haven't Seen since the late
'70s when rales reached their peak."22 After a large decline In the 1980s, marijuana
use.among teens increased during the 1990s, as young people apparentty became
"confused aboul the state of federal pot laws. "2'
Myth: MarijUana Is harmless.
Realily: Marijuana Is dangerous 10 the user.
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Use of marijuana has adverse heaUh, safety, social, academic, economic, and
behavioral consequences; and children are the most vulnerable to Us damaging
effects. Marijuana Is the most widely used illicit drug In America24 and Is readily.
available to klds.25 Compounding the problem Is that the marijuana of today is not
the man]uana of the baby boomers 30 years ago. Average THC levels rose from less
than 1 percent in"the mld-1970s 10 more than S percent in 2004.26 And the potency
. of B.C. Bud,a poputar type of marijuana cultivated In British Columbia, Canada, Is
roughly twice the national average.ranging from 15 percent THe content to 20
percent or even hlgher.27 .
Marijuana use can lead to dependence and abuse. Marijuana was the second
most common illicit drug responsible for drug treatment admissions in 2002-
outdistancing crack cocaine, the next most prevalant cause.28 Shocking 10 many Is
that more teens are In treatment each year for marijuana dependence than for
alcohot and all other illegal drugs comblned.29 This Is a irend that has been
Increasing for more than a decade: In 2002, 64 percent of adolescenltreatment
admissions reported marijuana as their primary substance of abuse, compared 1023
percenUn 1992.30
Marijuana is a gateway drug. In drug law enforcement. rarely do we meet heroin or
cocaine addicts who did not start their drug use with marijuana. Scientific studies
bear out our anecdotal findings, For example, the Journal of the American Medical
Associallon reported, based on a study of 300 sets of twins, that marijuana-uslng
twins were four times more likely than their siblings to use cocaine and crack
cocaine, and five limes more likely to use hallucinogens such as LSD.3'
Furthermore, the younger a person is when he or she first uses marijuana. the more
. likely that person is to uSe cocaine and heroin and become drug-dependent as an
adull. One study found that 62 percent of the adulls who first tried marijuana before
Ihey were 15 were likely 10 go on to use cocaine. In contrast, only 1 percent or less
. of adulls who never tried marijuana used heroin or cocaine.32
Smoktng marIjuana can cause significant health problems. Marijuana eon.tains
more than 400 chemicals, of which 60 are cannablnoids.33 Smoking a marijuana
cigarette deposits about three to five Urnes more tar Into the lungs than one filtered
tobacco cigarelle.34 Consequently, regular marijuana smokers suffer from many of
the. same health pro~lems as tobacco smokers, su.ch as chronic coughing and
wheezing, chest colds, and chronic bronchitis.3S In fact, studies show that smoking
three to four Joints per day causes at least as much harm to the respiratory system
as smoking a full pack of clgarelles every day.3SMariJuana smoke also conlains 50
to 70 percent more carcinogenic hydrocarbons than tobacco smoke'and produces
high levels of an en2}'me that converts certain hydrocarbons Into malignant cells.37
tn addition, smoking marijuana can lead to Increase~ anxiety, panic allacks,
depression, social wiihdrawal, and other mental heallh problems, particularly for
teens.38 Research shows that kids aged 12 to 17 who smoke marijuana weekly are
three Urnes more likely than nonusers to have.sulcidalthoughts.39 Marijuana use
also can cause cognitive Impairment, to include such short.term effects as distorted
perception, memory loss, and trouble with thinking and probiem solving. Students
with an average grade of 0 or below were found to be more than four Urnes as likely
to have used marijuana In the past year as youths who reported an average grade of
A.4o For young people, whose brains are still developing, these effects are
particularly problematic and jeopardize their ability to achieve theIr full potenUal."
Myth: Smoking marijuana ha.rms
only the smokers.
Reality:" Marijuana use harms nonusers.
We need to put to rest the thought that there Is such a thing as a lone drug user, a
person whose habits affect only himself or herself. Drug use, inclUding marijuana
use, Is not a vlcUmless crime. Some in your communiiles may resist involvement
because they think someone else's drug use Is nolhurting them. But this kind of not-.
hit P :llwww.policechiefmagazine.org/magazinelindex.cflll?fuseactionC.prin 1_ di sp I a y&a rtj cr.... 9/ IS/2 00 S
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my.problem thinking Is tragically misguided. Ask those same people about .
secondhand smoke from cigarettes, and they'll quickly acknowledge the harm that
befalls nonsmokers. Secondhand smoke Is a well.known problem, one that
Americans are becoming more unwilling to bear. We need to apply the same
common-sense thinking 10 the even more pernicious secondhand effects or drug
use.
Take for Instance the disastrous effects or marijuana smOking on driving. As the
National Highway Traffic Sarety Administration (NHTSA) noled, 'Epidemiology data
from. . . traffic arresls and fatalities Indicate that after alcohol, maiijuana is the most
frequenlly detected psychoactive substance among driving populations:42
Marijuana causes drivers to experience decreased car handling performance. .
increased reaction limes, distorted time and distance estimation, sleeplr)ess,
impaired motor skills, and lack of concentration.43
Th~ exlent of the problem of marijuana.impaired driving is startling. One In six (or
600:,000) high school students drive under the Inlluence or marijuana, atmosl as
many as drive under the lnlluence of alcohol, according to estimates released In
Sedtember 2003 by the Office of National Orug Control Policy (ONOCp).44 A study
. or motorists pulled over for reckless driving showed that, among those who were not
imp~lred by alcohol, 45 percent tested posilive for marijuana.45
For those of you who palrol streets and highways, you know that the consequences
of marijuana-impaired driving can be tragic. For example, four children and their van
driver-nicknamed Smokey by the children for his regular marijuana smoking-died In
April 2002 when a Tippy Toes Learning Academy van veered off a freeway and hit a
concrete bridge abutment. He was found at the crash scene with marijuana in his
pocket.46 .
Some such drug-impaired drivers will be detected through the Drug Recognition .
Expert program, which operates under the direction of the IACP and is supported by
NHTSA.47 However, If we are to bolster cases against drugged drivers, greater
protection for innocents on the road requires the development or affordable roadside
drug deteclion tests, and some are in. the testing phase now.
Secondhand smoke from marijuana kills other innocents as well. last year. two
Philadelphia firefighters were killed when they responded to a residential fire
stemming from an Indoor marijuana grow.48 In New York City, an elghl-year-old boy,
Deasean Hill, was killed by a stray builet Just steps Irom his Brooklyn home aller a
drug dealer sold a dime bag of marijuana on another dealer's turf.49
."
Chief: Help Spread the Truth about Marijuana
Debunking these myths and arming our young people and their parents with the
facts do work. We have proof. It came In the fonn or good news from the Monitoring
the .Fulure survey that reveals that marijuana USe has dropped 36 percent among
eighth graders since 1996, and modestly declined among 10th and 12th graders.50 II
is no coincidence that while marijuana use declined, the proportion of students
perceiving marijuana use as dangerous increased.51 "Quite possibly, the media
campaign aimed at marijuana use that has been undertaken by ONOCP, In
coilaboratlon with the Partnership for a Drug Free America, has been having its
intended effect,' Universily 01 Michigan researcher Lloyd Johnston, the study's
principal investigator, said.S2 Research also shows that parental disapproval can.
prevent teen drug USe. Most young people (69 percent) reported that their parents
strongly disapprove of their trying marijuana. Among these youths, only 5 percent
had used marijuana in the past month.53
Spread the truth. Join with your.community leaders. Clear the smokescreen by
educating the children, parents, leachers. physicians, and legislators In your
. community berore the myths kfll any more Irma Perezes or Deasean Hflls. ..
1 Centers for Disease Control 31)d Prevention. -Deaths; Final Data for 2002," National Vital Slatistics,
Repof1S. vol. 53. no.-5: 11.
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Page 6 00
2 Mallhew B. Stannard. -Ecstasy Victim Told Friends She Fell like She Was 'Going 10 Die,'"San
Francisco Chronicle, May 4,2004.
3 Elizabeth Wolfe, -AARP Finds Support tor Medical Marijuana,. (Balon Rouge) Advocate,
December 19, 2004, . . .
4 Christopher Wren, .Small but Forcerul Coamion Works 10 Counter U.S. War on Drugs,- New York
TImes, January 2, 2000.
5 Ashcroftv. Ralch, elal., 3S2 F.3rd 1222 (91h Clr, 2003). cert. granted, June 26, 2004, No. 03-1454,
6 Sean Cockerham. -Governor Moves 10 Change Pol LIIW,. Anctuxagfl Dally News; January 22,
2005. .
721 U.S.C. 612(b)(1).
8 American Medical Association. Policy H.95.952 Medical Marijuana.
~ National Mulllpre Sclerosis Society Informalion Sourcebook, avanable al
(www.nalionalmssociely.org/pdflsourceboolslmarijuana.Pdf).
10 National Multiple Sclerosis SocIely Information Sourcebook.
11 -Doctors' Fears al Cannabis Change: BBC News. January 21. 2004.
12 Institule or Medicine. "Marijuana and Medicine: Assessing lhe Science Base" (1999): 159, 178.
130ella.g.lelrahydrocannabinol.
141nslitute 0' Medlcine,'''Marijuana and Medlclne": 173.177.
151nstilute of Medicine. "Marijuana and MedicIOli": chapter 4 and summary. A single narrow
exceplion was the recommendation thai shor1-lerm use of smoked marijuana of less than six months
should be I;onsldered under closely monilored and documented I;ondltions for potenllal use by
terminal canCet and AIDS pallents. for whom it said the benefits might outweigh the harms of
smoking marijuana. See page 179.
16 Ralch. supra, oral argumenl transcrlpl, 50.S1.
17 CMCR. National Advisol)' Council Conference Call, November 19, 2004.
18 CMCR Mission Slalemenl, available al (www.&I1l~!igi.d.edu'genir\!9lmL~n-hl!!!l.
19 OEA Office of Diversion Cootrol.
20 While House Office of National Drug Control Policy, "Whal Americans Need to Know about
Marijuana: 10; Dutch Health, Welfare, and Sports Minist!)', report, Aprit 23; 2004; University of
Tilburg (Netherlands), "Coffeeshops in the Nelherlands 2003: September 2004.
21 Roger Cohen, .Amid Growing Crime, Zurich Closes a Park" Reserved for Drug Addicts: New
York limesj Februa!)' 11, 1992.
22 Janice Tibbells. "More Teens Gelling Sloned:Ollawa Citizen. October 29,2003.
23 Janice TIbbetts, .More Teens Getllng Sloned: , .
24 Of lhe nearly 20 million current illicit drug users, 14.6 million (aboul75 percent) are using
marijuana. U.S. Department of Health and Human Services, Subslimce Abuse and Menial Health
SeNlces Administration, 2003 National Survey on Drug Use and Heallh (2004).
25 U.S. Departmenl of Health and Human SelVlces. Nalionallnslilules of Health, "Monitoring !he
Fulure National Results on Ado!escent Drug Use: Overview of Key Findings: NIH publicaUon 04..
55062003, by L. D. Joh03lon, el al. (2004); 10.
26 While House Office of National Drug Control Polley, quarterly report (University of Mississippi
Potency Monitoring Project), no. 87 fNovember 8, 2004): figure 1C and figure 2.
27 Drug Enforcement AdmlnlslraUon,(~,de~,90Y). .
28 V.S. Department of Health and Human Services, Substance Abuse and Menial Health Services
AdmlniSlration, Qfflce of Applied Studies, Trealmanl Episode OalaSel, National Admissions to
Subslance Abuse Treatment Services, 1992.2002: 39,Iable 3.1b. 119.
29 U.S, Department of Health and Human Services. Subsfance Abuse end ~ental Health Services
Administration. Office of Applied S!udies,Tlealmenl EpiSOde Oata Sel. National AdmIssions to
Substance Abuse TreatmeAt Services, 1992~2001: lable 5.1 a, table S.1b, 156.157.
30 U.S. Oepar1menl of Heallh and Human Servfces. Substance Abuse and Mental Health Services
Administralion," -Adolescent Treatment Admissions: 1992 and 2002," Drug and Alcohol Services
fnfolmalionSystem (OASIS) Report (October IS, 2004). .
31 While House Office of Nalional Drug Control Policy, "What Americans Need 10 Know aboul
Marijuana: 9.
32 U.S. Department of Health and Human Services. Substance Abuse and Menlal.HeaJlh Services
Adl11inlstrallon, Iniliatlon of Marijuana Use: Trends, PaUetns and Implicalion~. by Joseph C. Gfroerer,
el al. (July 2002): 62.
. 33 Slalement by Nora D. VOlkow, M.D.. director of the Nationallnsl1tute on'Orug Abuse on
. .Marijuana and Medicine: The Need for a Sl;lence-Based Approach" before the House Commfllee On
Governmenl Reform, Subcommittee on .Crimina! Justice, Ort,l9 Policy. and Human Resources, U.S.
House of Represenlalives, April 1, 2004.
34 T. C. Wu. et cd.. "Pulmonary Hazards or Smoking Marijuana as Compared with Tobacco: New
England Journal of Medicine 318 (1988): 347-351; cited In While House Office of National Drug
Control Policy, Marijuana Myths & Facts, 9.
35 Nationallnslilute on Drug Abuse. -mDA Info Facts: Marijuana- (MARCH 2005): 3.
36 D. P, Tashkfn, -Pulmonary Complications of Smoked Substance Abuse," Western Journal of
Medicine 152 (no. 5) (1990): 525-530; clled In While House Office of National Drug Control Policy,
Marijuana Mylhs & Facts, 9.
37 Natiooallnslitute on Drug Abuse, -NIOA Info Facts: Marijuana": 3.
38 J. S. Brook, et al., .The Effect 0' Early Marijuana Use on Later Anxlely and Depressive
Symptoms: NY$ Psycholog!st (2001): 35-39: cited in While House Office of National Drug Control
Policy, Marijuana Myths & Facls, 4.
39 J. Greenblall. - Adolescenl Self.Reported Behaviors and Their Association wllh Marijuana Use:
. based ondala from SAMHSANallonal HousehOld Su.....eyon Drug Abuse, 1994.1996 (1998): cited in
While H<luse Office of Nalional Drug Control Policy, Marijuana Myths & Facts, 4. .
40 U.s. Department of Health and Humall SelVlces, Substance Abuse and Menial Heallh Services
Adminislration, National Household Survey on Drug Abuse, "Marijuana Use among Youlh- (July 19,
2002): ciled in While House Office of National Orug Conlrol Policy. Marijuana Myths & Facts, 3.
41 While House Office of Nalional Drug Control Policy, Marijuana Myths &" Facts, 3-4.
42 U.S. Oepartment of Transportalion. National Highway Traffic Safely Administration, "Orugs and
.'
o.
. " . c
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Page 7 of?
Human Performance Fact Sheets; by Fiona J. Couper and Bany K. Logan (March 2005).
43 U.S. Oepartmenl'of Transportalioo, Nalional Highway Traffic Safely Administration, .Drugs and
Human Performance Fact She-ets"
4-4 While House Office or National Drug Control Polley, .Marijuana and Kids: Sleer Clear of POI,. fact
sheet.
45 'Nhile House Office of National Drug Control Policy, "\'Vhile House Drug Czar Launches
Campaign to Stop Drugged Driving.. press release. citing the New England Journal of Medicine.
46 Aimee Edmondson, .Orug Tests Required of Child Care Drivers.Falal Crash Stirs Change; Many
Already Test Positive,. (MemphIs) CommerCIal Appeal, July 2, 2003.
47 See Chuck Hayas, .Drug Recognillon Experts; A Public Safety Resource: The Police Chief 70
.(Oclober2003): 103.106.
48 David 8. Caruso. .Murder Charged In Blaze thai Killed Two F1refighlers,. Assoclated Press,
August 21. 200-4.
49 Ali$ha Berger, el al., -rragie 'Pol' Shots;- New York POSI, November 19, 2003.
50 Moniloring the FUlure, .Overall Teen Drug Use Conlinues Gradual Decline: University of
Michigan News Service press release (December 21. 2004): 2; available at
(WWIV.mo~!\or!nglh.eMure.org). ..
51 MonitOring the Future, .Overall Teen Drug Use-: 2.
52 Monitoring the future, .Overall Teen Drug Use.; 2.
53 U.S. Oepar1ment or-Health and Human Services. Substance Abuse and MenIal Health Serv!ces
AdmlnlstrallOl1. 2003 National Survey on Drug Use and Heallh:
Nallonal Findings; 4.
Top
From The Police Chief, vol. 72, no. 3, March 2005. Copyright held by the
Inlemalional Association of Chiefs of Police, 515 North Washington Street.
Alexandlia, VA 22314 USA.
Return. to Article
. The official publication of Ihe Internalional Asseelalien of Chlers of Police.
Thl3 online version or the Police Chief Magazine is possible Ihrougha gfilnl from the IACP Foundation. To leCl~n more aboullhc IACP FoundaliOlt click
here. .
i:"~~di~ . I"!~d lSZJ
All eonlenls Copyrighl Cl2003 ~ 2005 Inlernalional Associalion 01 Ct;iels of Police. All Righls Reserved.
Copyright and Trademark Notice I Member and Non.Member Supplied Informalion I Links Policy
515 North Washington St.. Alexandri3. VA USA 22314 phone: 703.836.6767 or 1.60lJ.THE IACP fax: 703.831).4543
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hI tp://www.policechiefmagazine.org/magazine/index.c fm ?fuseact i on=prin t_ d ispla y&articl.,. 9( 15(2005
Lehman, Mary Rae
1,
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Page lof I .
Message
'J.
--'
.d.h
From: Wilson, Jolene .
Sent: Tuesday, September 27,20054:34 PM
To: Du Borg, Lydia; Deven, Mark; Lehman, Mary Rae
Subject: Citizen Comments re: medical marijuana dispensaries (Item 3B
Importance: High
Paul Broadman - resident and business owner in Pleasant Hill, called to share his comments regarding the above issue
on tonight's agenda. He said that the CU1Tent dispensary in Concord had no business license until a few months ago,
that the employees there are working under the table, no taxes are being raised, and he feels that this type of business
needs to be regulated by the government. He a) so said that even people who are well can obtain "cards" for medical
marijuana. MrBroadman also indicated that he sent his comments to Supervisor De Saulnier.
Jo[ene
.Jolene Wilson
Confidential Secretary
City Manager's Office
1950 Parkside Drive
Concord, CA 94519
(925) 671-3150 or 3490 (vm)
v
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09/2712005
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Robberies make medical pot-selling a
b~ce' .1I1at thts i "'" 01 .' .
. . mentonfl il . offl . . .
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Phillip Matier, Andrew Ross ?foate.co'SEAL Itycterk .' .
rd, Callfomla
o:.tMIlIc:I,j'o1li"tt"r--".
Angel Pasillas and Levi Williams guard the Health Center in San Leandro, which
has had two burglary attempts' in recent months.
San Francisco, CA Aug 29, 2005 -- Unlike their mellow brethren in San
Francisco, the half-dozen or so medical marijuana clubs that have sprouted up in
the urban no-man's-land between San Leandro. and Hayward have turned into
something out of the Wild West.
There's been a rash of armed robberies, a shooloutthat left one robber dead,
and the possible attempted hit of a worker for cooperating with police.
"I don't think this is what the voters had in mind when they passed the medical
pot law, but that's what we're dealing with," said Alameda County Sheriff's U.
Dale Amaral, whose Eden Township beal includes the 2 square miles of
unincorporated land where most of the clubs are.
The motivation behind the robberies -- big cash and big marijuana.
Here's a summary of the incidents Ihalhave occurred in recent months.
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Collective of Alameda County, a medieat marijuana club on Mission Boulevard
near San Leandro. According to sheriffs reports, a team of armed hoods busted
in, tied up everyone and robbed the place of about $50,000 in cash and an
undisclosed amount of "product" i.e., marijuana. .
The bandits didn't move fast enough, however, and were caught making their
escape by Hayward police.
Last month, one of the same club's employees, while pulling into the parking lot.
spied a masked man hiding in the bushes.
No sooner did the worker hit the gas than the masked figure sprang out and fired
four slugs into the car.
The worker plowed through cyclone fence to make his getaway unharmed.
Sheriffs detectives suspect the shooting was in retaliation for the club
cooperating with the cops on the Super Bowl'robbery.
About a month later, on Aug. e, three armed robbers burst into the. nearby
Hayward Patient ResourCe Center.
Again everyone was ordered to hit the floor, and again the robbers cleaned out
all the cash and drugs they could grab.
It was the second armed robbery of the club within three months. Only this time,
an employee hit a silent alarm, so Hayward police were waiting for the robbers as
they came out the door,
The outcome was much bloodier Aug. 19 at a third club, A Natural Source, on
Foothill Boulevard in u.nincorporated San Leandro.
This time five men, several of them armed with pistols and semiautomatic rifles,
dropped down from the roof behind workers and stormed in as they were
opening the club.
After forcing the owner to open the safe, the bandits made' off with an
undisclosed amount of cash and pot. The owner, however, grabbed a .357 .
Magnum and went after the robbers, ordering them to. freeze.
The robbers answered with a volley of gunfire. The owner fired back, mortally
wounding. one of the assailants. No one else was hurt, but investigators
shuddered when they found three slugs embedded in the wall of a neighboring
apartment complex.
Another club, the Health Center. on East 14th Street, has reported two attempted
after-hours burglaries in recent months, including one in which the bandit cut all
the wires going into the club, then tried cutting through the wall of the club with
power saw.
No one keeps tabs on the daily take at the various clubs, but cops have been told
by the operators that they take in upward of $25.000 a day - most, if not all of it,
cash.
"Do the math," said Sheriffs Detective Steve Lenthe. "All day tong there's a
steady stream of customers going in, and each spends about $100. You could sit
thp.rp. with a r:lir:kp.r ;:Jnn r.nunt thp. r.RRh "
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"II's one of the reasons we have an armored service come and why we're starting
to take credit cards," said Jack NOr1on, who runs the Health Center.
Angel Pasillas, whose HP Security guards watch over Norton's clinic and two
other clubs in the area, likened the marijuana establishments to banks.
"But a bank has guards and all these cameras." Pasillas said. "Some of these
clubs only have some big friend of the owner at the door."
The cops, however, said that there's another issue at play here -- one that may
be going on far from the clubs themselves.
"I can't say there's any direct connection to the clubs. but the number of arrests
for possession of marijuana at schools in the neighborhood went up from 21 to
34 last year," Amaral said.
The fear is that small-lime dealers are getting medical cards, then using the clubs
as their personal wholesale outlet.
These and other concerns prompted county supervisors to pass an ordinance
limiting customers to 8 ounces of pot a month per club, and selling a 20-pound
limit on the amount of marijuana that a club on unincorporated land may have on
the premises.
The county is going to allow only three clubs to operate on unincorporated land.
With the deadline for applications set for Tuesday, only one of the clubs now
operating near San Leandro has applied.
Perhaps the others are wondering if staying in business is worth the risk.
http://wv.w.hempevolulion.org/medialsfgale/sfgale050829 .hlm
9/22/2005
Marijuana Abust. <~-+'-:~9) F' Ci.) . -,
By NIDA Director Nora D_ Volkow, M.D. (\ cJ O.JvO-V\A( ~Ji'l \ rzr::re,
J1 0 VU-tj cJ;-tvz-~,' il
lj tJ
More than 96 million Americons have on the effect of marijuana during all phases of
smoked n13rijuana at least once. neurological development, rrom the neurogcnesis
Marijuana abuse is particularly prevalent and cell differentiation that takes place in Ihe
among adolescents: Of the more than 2 million womb to the refinement of cOnl~ections ;\I11ong
people who abuse the drug for the first lime every cells Ihat conlinues past adolescence. Our
. }'ear, two-thirds are between] 2 and 17 ye;Jrs of research iniliative will produce a fuller under-
'age, ."anding of normative brain devetopment. it also
The damaging effects of marijuana fall heavily will illuminate the importance of f:lInily and social
on adolescents and young adulls. Half of ..II COJ1lexts in adolescence as well os the differing
potienls admilled to Ireatment for nmrijuana abuse biological and environmem..1 factors that precede
are younger lhnn 21. Cognitive impairments marijuana use or nonuse.
caused by inarijuana linger a mOJ1lh or more after NIDA also is exponding support of research
an individual's last exposure, and the damage is to develop treolments for marijuana abuse (see
dose dependem-Ihe more a person snioked prior RFA DA-04.014, "Medications Development lor
. to abstinence, the more marked are the deleteri- Cannabis-Related Disorder," m bllp:llgmllls2.l/ib.gov/
ous effects on visual perceplion, verbal and visuat grallls/gllide//:/ajiles/RFA-DA-04-014.blllll). There
memolY, executive function, :.Inti manual dexterity, is n delr public health need for interventions 10
~mong other mental capabilities (see "Cognitive alleviate withdrawal symptoms and to help
Deficits in Marijuana Smokers Persist After Use chronic ~busers deal wilh social and other factors
SlOpS," ,vIDA NOTES, Vol. ]8, No.5, p. 8). Loss of that m;lke stOpping marijuana abuse difficult.
social and intellectuo! growlli because of these NIDA's expanded research 'lgenda wiil encourage
impainnems may h:lve a lifelong imp:lct on a development of medications to counter l11;Jriju:J.nJ
person's experience and achievement. As well, dependence Ihrough animal studics as well ;IS
compared with teens who never smoke marijuana, Phase I ami Phase II dinical triaJs with hUI11:ms.
a boy or girl who smokes marijuana before age] 7 Some medications will be aimed at l1l;lfijuan,.
is more th:1n t~vice as likely to abuse opioids,' associated disorders such as intoxication, delirium.
thrce times as likely to abuse cocaine or other psychosis: and anxiety. Other medicotions m,y
stimulants, and nearly four times as likely to abusc address specific aspects of ~ddiction recovery,
hallucinogens later in life (see "Twins Study Links such as withdrawal, craving, relapsc, and compli-
Early Marijuana Use to Incre~sed .Risk of Abuse cations such as cognitive impairment, sleep
or Dependence," NIDA NOTES, Vol. ]8, No.4, disorders, and depression and other mood
p. 1 I). disorders that often accompany marijuana abuse.
NIDA is intensifying efforts. to fully understand Successful comprehensive treatment of
the effects of m~rijuana exposure from the earliest marijuana-rel:lled disorders will require a multidis.
:lges through adolescence and young adulthood. ciplinary approach. Therefore, NlDA's marijuan'
.This research (see RFA DA-04-0]6, "Consequences medications development initiative will encomge
of Marijuona Use on Ihe Developing Brain," at invesligation of trealments th;t include beha"iOrJl
http://gml11s2.llih.govlgrall/s/gllidellja-jileslintervention.This broad focus, building on the
RFA-DA-04-016.b/mO will provide new insight insights to ,be gained through increased under.
into the mechanisms by which mariju,ma affects st:lnding of marijuana's developmental impact,
bmin development, ~ continuum that begins will help reduce the heatth costs and alleviole
bcfore birth and lasts into early adullhood. We the damage innicted by widespread abuse 01 this
are encour:lging research projects that focus d~ngerous drug. ~
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FRED J, VON STIEFF, M.D.jA.A.F.P.
A PROFESSIONAL MEDICAL CORPORATlON
PHYSICIAN' & SURCEON
BOARD CERTlF'IED FAMILY PRACTICE
OCCUPATIONAL/INDUSTRIAL MEDICINE
2481 PACHECO STREET CONCORD. CA 94520
PHONE (925) 680-8933 FAX (925) 680-7635
CA G34928
September 8. 2005
Honorable,Laura M. Hoffmeister
Mayor of Concord
] 950 Parkside Drive
Concord, California 94519
Rc: Marijuana club in Concord.
Dear Mayor Hoffmeister:
I recently had the Opportunity to read the Contra Costa Times and understand
that there are political pressures that were outlined in that newspaper article
about a marijuana club wanting to Open up in the City of Concord. r am very
concerned about a marijuana club opening up in the Concord area for many
reasons. One reason is that I have been in family practice associated with
Mt. Diablo Hospital for the last 25 years. Currently,] am Medical Director of
John Muir/Mt, Diablo Health System's Center for Recovery Drug Unit on the
north campus of Mt. Diablo Hospital. We have dctoxified 15,000 patients there
an.d are cognizant of the drug/alcohol problems in this district.
Marijuana is definitely One drug that has becn devastating to the population.
This illegal drog is definitely addictive, causing family consequences, health
Conscquences, lega.l consequences, psychological consequences, and job
consequences. Many people describe this drug as a medicinal to many
ailments. The physicians at Mt. Diablo and John Muir Hospitals have not seen
any benefit for marijuana in its patients, We are not using it for glaucoma; We
rarely Use it for cancer pa.tients who cannot eat. Its consequences far outweigh
the benefits of the drug. and it is an illegal drug.
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SEP 14'05 11=26 F . "I) J IJONSTIEF MD
9256807635 TO " _ .636
P, 02/03
To: The Honorable Laura Hotfmeister
I am very familiar with the endocannabinoid research, which is a billion dollar
market opening up, We have OVer 400 different chemicals in OUr body, and
those are associated with receptor sites that are also in the brain and in almost
every cell in the body. Onc of those chemicals is caJledour oWn
endocannabinoids. Endocannabinoid is a chemical located in the brain that
everyone has to a certain extent. The receptor sites are needed. Alcohol
increases endocannabinoids and has an effect on that system. New research in
the endocannabinoid system is directed towards obesity, pain control, and
many other factors that are too complicated to list at this point in time,
Marijuana is an extemaJ plant; we call it an exogenous chemical, and it does
activate OUr iI'lherent or endogenous receptor sites one way or. another as an
agonistic or a heightened stimulus to those receptor sites.
In the future, we will sce new drugs coming out that are legal and that will be
tested in a Correct way to be an adjunct and facilitate these receptor sites in a
medical way; research will telL I believe that it is too early for the City of
Concord representatives to okay a marijuana club. when this is a drug that
cannot be controlled in its quality and/or be utilized in a correct manner on a
scientific basis. That is for research to work out for u.s in the next several
years when we will have significant scientific findings.
During my experience in the chemical dependency field locally, I have seen
many abuses of marijuana clubs. Many patients who 90 not have chronic pain
who are detoxified by me are getting marijuana from these clubs, and they have
no chronic pain or other conditions for which they obtain these drugs. I belie\'c
that the methodology of dispersing marijuana by these.c1ubs leaves much to bc
desired. When push comes to shove in this situation in this area, ] am very
uneasy with marijuana clubs and how they disperse their medications and
what their medications are dispersed for. Again, it is illegal; It also is not a
healthy method of medicinal regulation, and it is definitely another factor that
decreases the abIlity of oUr children to get an education.
The proponents of marijuana state that marijuana stays in your system for
only three hours, but people continue to have positive urine drug screens for
one month, Urine drug sCreens do not tell us whether a person' has a health
and safety issue while on these drugs. Marijuana recommendation cards
indicate that you cannot drive a vehicle under the influence of marijuana. The
question is when are the levels high and when are the levels low? Scientific
methodology in the quality regulation and understanding toxicity is out of the
Page Z of 3
SEP 14 'OS 11:26 Fl. ,~ J VONSTlEF ~lD
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question at tI1is time. There are too many questions involved at this point in
time. Again, I would not want a marijuana club or the dispersing of mariJuana
. in the City of Concord.
If I can be of any further help, please contact me,
Sincerely,
l~:iJv~~n ~
Frea J. Von Stieff, M.D. .
Medical Director, C.enter for Recovery,
Mt. Diablo Hospital/John Muir Hospital
American Society of Addiction Medicine
Califomia Society of Addiction Medicine
FJV/lo/kl
D: 09/08/05
T: 09/08/05
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** TOTAL PAGE.03 **
,\mcric:\I1 Civil Libmic$ Uni
dcdical ~13ri.illana: An Ovc;\iew
Page I ('of 2
URL:
Medical Marijuana: An Overview
November 15. 2000
Marijuana has been found to relieve symptoms of many serious diseases, including asthma, glaucoma, muscle
spasms, and toss of appetile and.nauseadue to AIDS wasling syndrome and chemotherapy treatment. Many
professional medical associations, including the American Medical Association, the American Public Heallh
Association, and the New England Journal of Medicine have publically supported prescriptive access to
marijuana. The federal government, however, has tong opposed the tegalization of marijuana lor medical use. It
continues to list marijuana asa Schedule I drug: "unsafe, highly subject to abuse, and possessing no medical
value."
Source: ACLU Spring Spotlight 98, among others.
Health Dangers of Marijuana Use Largely Myth:
Although the government has long opposed marijuana legalization in the name of public health and safety, every
independent commission appointed \0 evaluate the dangers of marijuana use has found this claim to be
unsubsta ntialed: .
. For example, ,. . concluded in
1972, after years of research, that, ~It]here is little proven danger of physical or psychological harm from
the experimental or intermittent use of natural preparations of cannabis." Despite the fact that it had been
established in the hopes of finding fuel for just the cpposite conclusion, the commission recommended the
decriminalization of marijuana for personal use. Nixon ignored the recommendation of the commission his
administration had appointed.
Source: "Marijuana: A Signal of Misunderstanding," lhe Report of the National Commission on Marijuana
and Drug Abuse (available at above site)
. In 1982, the National Academy of Sciences released its i ,. ,., ,i. . that, "[o]ver the last forty years marijuana
has been accused of causing an array of anti-social effects including. , . provoking crime and violence, . . .
leading to heroin addiction, . . . and destroying the American work ethic in young people. [These] beliefs. .
. have not been substantiated by scientific evidence." .
Source: Analysis of Marijuana laws conducted by National Academy of Sciences' Institute of Medicine,
1982 (available at above site).
. A report released in March of 1999 by the National Academy of Science's Institute of Medicine, the end
result of two years of government-funded research, concluded that marijuana has beneficial medical
effects, ranging from pain reduction, particularly for cancer patients, to nausea reduction and appetite
stimulation, in certain circumstances. The report strongly recommended moving marijuana to the status of
a schedule" drug, available for prescription by doclors. it also slated that many of the drug's supposed ill
affects are false or unsubstantiated by scientific evidence. Among these are:
o the supposed anti-motivational or anti-soeiat affects of the drug;
http://w\Vw.aclu.org!news/NewsPrinl.cfm?ID~ II OJ8&c~81
9/6/2005
,\mencan Civil Liberties lJ. '. i\1edical ~fnrijuai1a: "An Overview
Page 2 of2
o that legalizing medical marijuana will increase overall use of the drug;
o that the drug more addictive than other drugs available for prescription;
o that its side affects are more harmful than those of other drugs;
o that marijuana serves as a gateway drug;
o that marijuana causes brain damage;
o that marijuana causes fertility problems; and
o that marijuana shortens life expectancy.
Source: National Academy of Science's Institute of Medicine 1999 report: "Marijuana and Medicine:
Assessing the Science Base" and the I~arijuana Poiicy Project.
. To find out more about this important study, and its reassuring answers to many common questions
concerning the dangers of marijuana use, visit the . Also read the
Project's . .
Popularity of Medical Marijuana Legalization:
. A 1999
doctors.
found that 73% of Americans favored legalizing the prescriplion of marijuana by
Source: Aprit 9,1999 Gallup Poll Press Release (available at above site).
. Since 1996, Alaska, Arizona, California, Cotorado, the District of Columbia, Nevada, Oregon, and
Washington State have approved ballot initiatives legalizing medical marijuana.
Government Strong-arming in Response to Medical Marijuana Initiatives:
. The federal government, worried that the states were breaking rank, was quick to respond. When
California passed its medical marijuana initiative in 1996, the government responded by threatening to
arrest doctors who recommended the drug to patients. It again used gag-tactics in its attempt to shut up
the voters of the District 01 Columbia, blocking the release 01 the election results of their medical marijuana
ballot initiative in 1998.
@ACLU, 125 Broad Street, 18th Floor New York, NY 10004 This is the Web site of lheAmel
Liberties Union and the ACLU Foundation.
:. ,:.;. ::: ".: ,; about the distinction between these two components of the ACLU.
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http://www.aclu.org/news/NewsPrint.cfm?ID=II038&c=81
9/6/2005
Exhibit E
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I certify ~a(tf1I. Is a
'AdOCU enton
SEA~ ~
REGULAR JOINT MEETING OF THE
CONCORD CtTY COUNCIL AND
REDEVELOPMENT AGENCY
CITY COUNCIL CONFERENCE ROOM
COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA
OCTOBER 4, 2005
The Concord City Council and Redevelopment Agency met in a Closed Session meeting
on Tuesday, October 4, 2005 to confer with Legal Counsel pursuant to Government code Section
54956.9(b)(3)(C} - potential litigation. The meeting convened at 5:40 p.m. in the City Council
Conference Room, Mayor Hoffmeister presiding. All Couneilmembers were present and there
were no public comments. The meeting recessed at 6:00 p.m. to reconvene in the Council
Chamber.
The Concord City Council and Redevelopment Agency reconvened at 6:35 p.m. in the
Council Charnber, Mayor/Agencymember Hoffmeister presiding. The pledge to the flag was led
by Councilmllmber Allen. Minutes follow in abbreviated form per Resolution 3361 and Council
Minutes of Sllptember 26, 1966.
ROLL CALL
COUNCILME'MBERS PRESENT: .
I
COUNCILME'MBERS ABSENT:
STAFF PRESENT:
MEMBERS OF THE AUDIENCE
. WHO ADDRESSED COUNCIL:
PUBLIC COMMENT PERIOD
Helen Allen, Susan Bonilla, Mark Peterson, Bill Shinn,
Laura Hoffmeister
None
Lydia Du Borg, City Manager; Mary Rae Lehman, City
Clerk; Craig Labadie, City Attorney; Mark Deven,
Assistant City Manager; Peggy Lefebvre, Director of
Finance; Cherie Rosenquist, Director of Human
Resources; Oamar Khan, Director of Public Works-
Malntenanee Services; Ron Puccinelli, Director of
Information Technology; Deborah Raines, Planninn
Manager: Frank Abejo, Associate Planner
Staeey Street, Walnut Creek; David Johnson, San
Francisco; Jesse Couch, Foster City; Robert Raich,
Oakland; Demetrio Ramirez, Concord; Ted Meadows,
Concord; Bill McPike, Auberry; Joseph V. A. "Joe"
Partansky, Concord
Staelly.Street, representing the California Symphony, extended thanks to the City for the
support of the suceessful Symphony in the Park event held on September 18, 2005 in T odos
Santos Plaza and presented a framed memento.
I
City Council/Redevelopment Agency Minutes
October 4, 2005
PRESENTATION - BiNationat Health Week
Mayor Hoffmeister presented a proclamation to Raul Rojas, representing the Monument
Community Partnership, proclaiming October 8 -16, 2005 as BiNational Health Week and noted
the annual Monument Community Health Fair would be held on SatUrday, October 8, 2005 from
11 :00 a.m. to 4:00 p.m. at Meadow Homes Park encouraging all persons to attend.
PRESENTATION - 25-Vear Service Award
o
Mayor Hoffmeister presented a plaque to 25-year employee Marilyn Wilburn,
Microcomputer Coordinator with the Information Technology Department, and congratulated her
for her accomplishments. Ron Puccinelli, Director of Information Technology, gave a brief
overview of Ms. Wilburn's career.
PRESENTATION - U. S. Flao Flown over Baohdad. Irao
Adair Macfarlane. Building Inspector, on behalf of Voodoo 06,1" Battalion, 3,d Aviation
Regiment,,3'd Infantry Division in which her son proudiy serves, presented a U. S. Flag flown by
the battalion over Baghdad, Iraq on June 21, 2005 and a supporting certificate to the City. She
stated the flag was an expression of appreciation by the battalion for the support Concord
emptoyees have shown to all the men and women serving in the military.
PRESENTATION - Recoqnition of Employees or FamilY Members Servino the Mililarv in Iraa and
Afohanistan
Mayor Hoffmeister presented Certiiicates of Recognition to employees Adair Macfarlane,
recognizing her son who is currently serving his second tour of duty in Iraq; and to John Rego,
whose nephew served duty in Iraq. The Mayor also recognized employee James Gravely, who
served a tour of duty in Irag, and employee Bob Goss, whose son served a tour of duty in Iraq.
o
CITY COUNCil MATTERS
APPROVAL OF MINUTES
Motion was made by Shinn and seconded by Allen to approve the minutes of September
6, 2005, and September 13, 2005. Motion passed by unanimous vote of the Council.
LEASE AGREEMENT WITH 1957 PARKSIDE L.L.C. - Office and Storaoe Space
Motion was made by Shinn and seconded by Allen to approve a three-year building lease
with 1957 Parkside L.L.C. for Public Works-Engineering Services and Building and Neighborhood
Services' office and storage space at 1957 Parkside Drive (APN 111-230-019) eommencing
December 1,2005; and. to authorize the City Manager to execute the agreement and future yearly
lease options. Motion passed by unanimous vote of the Council.
ADOPTION OF RESOLUTION 05-72 - Application for Fundina for Owner-Occupied Home
Rehabilitation and First-Time Homebuver Mortoaoe Assistance
Motion was made by Shinn and seconded by Allen to adopt Resolution 05-72 entilled, "A
RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA
STATE DEPARTMENT OF HOUSING AND COMMUNITVDEVELOPMENT FOR FUNDING
UNDER THE CAlHOME PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF
SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED
DOCUMENTSNECESSARV TO PARTICIPATE IN THE CALHOME PROGRAM," and to
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City Council/Redevelopment Agency Minutes
October 4, 2005
authorize the City Manager to execute the ioan documents. Motion passed by unanimous vote of
. the Council.
SETTING FOR PUBLIC HEARING - Proposed Amendment to Concord Municipal Code-
Parktand In-Lieu Fees
Motion was made by Shinn and seconded by Allen to set a public hearing for Tuesday,
October 25, 2005 at 6:30 p.m. in the Council Chamber to consider a proposed amendment to the
Concord Municipal Code regarding Parkland In-Lieu Fees, amending Chapter 78 (Planning and
Development), Article IV (Parktand Requirements), Section 78-94 relating to a 50% reduetic,n in
Parkland In-Lieu Fees for projects which provide for affordable housing. Motion passed by
unanimous vote of the Council. .
ADOPTION OF RESOLUTION 05-69 - Wisteria Residential Subdivision (Formerlv Beach Street)
The notice of public hearing was published in the Contra Costa Times and posted in the
posting cabinet at the Civic Center on September 23, 2005.
Franl< Abejo, Associate Planner, presented a report, referring to his memorandum dated
October 4, 2(105, concerning an application by Legacy Partners for a Preliminary Development
Plan (PDP) to construct 39 single family homes on a 2.56-acre site at 2611 Willow Pass Road
and 1935 and 1954 Beach Street. He stated the City Council had previously approved an
application to Rezonethe subject properties to Pianned District and certified a Mitigated Negative
Declaration, however had remanded the PDP to the Planning Commission and Design Review
Board for revisions to the project architecture. He went on to say that the Planning Commission
recommended approval of the PDP and had approved an application for a Use Permit, Vesting
Tentative Map, Tree Removal and Final Design .Review application pending the Council's
approval. He eoncluded by saying the project would enhance the property and the neighborhood.
DilYiCI Johnson, Architect for the project, and Jesse Couch of Legacy Partners, gave an
overview of the architectural changes.
The public hearing opened and closed without comment.
Followin9 discussions, motion was made by Peterson and seconded by Shinn to adopt
Resolution 05-69 entitled, "A RESOLUTION APPROVING THE PRELIMINARY DEVELOPMENT
PLAN FOR THE WISTERIA RESIDENTIAL SUBDIVISION," with conditions to add design details
10 the gables, windows to the garage doors, and to modify the roof styles on the patios from a
shed roof to a hip roof. Motion passed by unanimous vote of the Council.
REPORT FROM THE COUNCiL AD HOC COMMITTEE ON MEDICAL MARIJUANA
DISPENSARIES
Mayor Hoffmeister announced that there were a number of persons wishing to addn~ss
the Council on this item.
Robel1 Raich, attorney representing MariCare, stated that he felt the report provided by
the Ad Hoc Committee was one-sided by not stating what effect closure of the medical marijuana
dispensaries would have on the people who depend upon the ability to purchase from the
dispensaries operating in Concord and by not taiking about physician support for the use of
medical cannabis.
Demetrio Ramirez, owner of MariCare, stated that they were looking for a new location
and had hoped that the Council would support his operation.
3
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City Council/Redevelopment Agency Minutes
October 4,2005
Ted Meadows. resident, and Bill McPike, attorney, each requested the Council
reconsider the prohibition of medical marijuana dispensaries in the City of Concord.
o
Mayor Hoffmeister reported that she and Councilmember Shinn has met as an Ad Hoc
Committee with two John Muir/Mt. Diablo Health Care professionals to gain an understanding of
how doctors recommend the use of marijuana and why clinics and pharmacies do not dispense it.
She stated that the doctors admit there is a difference of opinion within the medical profession
regarding the benefits of use, and confirmed that doctors can not prescribe marijuana but can
recommend its use. She further stated that the committee felt that the ordinance was appropriate
and that the two dispensaries currently operating in the City without benefit of a business license
should be given 60 days following the etfective date of the ordinance to suspend their operations.
Coun.cilmember Shinn stated that the Committee was requested to expiore alternative
avenues to dispense. medical marijuana to residents, and further stated that the City Council was
not the level of government to be making decisions about allowing medical marijuana dispensary
operations. He encouraged those opposed to the iocal prohibition of dispensaries to take the
issue to the State and Federal governments to get the laws changed.
Motion was made by Hoffmeister and seconded by Shinn directing the currentty operating
medical marijuana dispensaries in the Cily of Concord to terminate business operations within
sixty (60) days following the effective date of Ordinance 05-9, which was adopted on Sgptember
27, 2005, and to authorize the City Attorney and City staff to enforce Ordinance 05-9. Motion
passed by unanimous vote of the Council.
JOINT CITY COUNCIUREDEVELOPMENT AGENCY MATTERS.
o
ADOPTION OF RESOLUTIONS 05-4735.2 AND 05-678 - Pav Rance Increase in the Executive
and Manaoement Pav Schedule
Motion was made by Allen and seconded by Bonilla to adopt Resolution 05-4735.2
entitled, "A RESOLUTION APPROVING AN INCREASE IN THE EXECUTIVE AND
MANAGEMENT PAY SCHEDULE," and Redevelopment Agency Resolution 05-678 entitled, A
RESOLUTION APPROVING AN INCREASE IN THE EXECUTIVE AND MANAGEMENT PAY
SCHEDULE, " approving an increase in the Executive and Management Pay Schedule in the
amount of 2.5%, and an increase in the Sworn Management Pay Schedule in the amount of
3.0%, effective October 10, 2005. Motion passed by unanimous vote of the Counell.
ADOPTION OF RESOLUTIONS 05.4735.3 AND 05-67.9 - Increase. in the Confidential Emolovee
Pav Schedule
This item was pulled from the agenda by Joseph V. A. "Joe" Partansky who stated that
he would like to see agenda items include amounts:
Motion was made by Allen and seconded by Shinn to adopt Resolution 05-4735.2
entitled,"A RESOLUTION APPROVING AN INCREASE IN THE CONFIDENTIAL PAY
SCHEDULE," and Redevelopment Agency Resolution 05-679 entitled, "A RESOLUTION
APPROVING AN tNCREASE IN THE CONFIDENTIAL EMPLOYEE PAY SCHEUDLE,"
approving a pay range inerease in the Confidential Employee Pay Schedul.e in the amount of
2,03% effective October 10, 2005. Motion passed by unanimous vote of the Council.
o
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City CounciVRedevelopment Agency Minutes
October 4, 2005
I
. COUNCIL AND STAFF REPORTS
Vice Mayor Bonilla reported on her altendance at the World Communion Sunday event,
recently held at Todos Santos Plaza.
Mayor Hoffmeister reported on her attendance at SI. Francis Assisi's Centennial
celebration.
By order of the chair, the meeting adjourned at 8:26 p.m.
;-{J Yl'I&lM1.L~"C/ _
V~OFFMEIST
MAYORMGENCYMEMR
~RSON ~ -----
COUNCILMEMBER/AGENCY CHAIR.
IIn
MARY 'E LEHMAN
CITY L RKIAGENCY SECRETARY
I
5
ITEM NO. 18
Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
April 25, 2006
SUBJECT:
PA05-0139 - A Development Plan for Plaza Rio Vista Office Building
PREPARED BY:
Harmony Linton, Assistant Planner
RECOMMENDATION:
The Planning Commission recommends that the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULAAPPROVING PLANNING APPLICATION NO. PA05-
0139, A DEVELOPMENT PLAN TO CONSTRUCT AN 18,680
SQUARE FOOT, TWO-STORY OFFICE BUILDING ON A 1.41
ACRE SITE IN THE LIGHT INDUSTRIAL ZONE, LOCATED ON
THE NORTHWEST CORNER OF DIAZ ROAD AND BLACKDEER
LOOP, KNOWN AS APN 921-030-016 AND APN 921-030-017
BACKGROUND: Planning Application No. PA05-0139 is a Development Plan to design and
construct an 18,680 square foot office building on 1.41 acres, located at the northwest corner of
Diaz Road and Blackdeer Loop in a Light Industrial Zone (L1). New office buildings in the LI Zone
are subject to the performance standards contained in Section 17.08.070E of the Development
Code (see attached).
The proposed building is an office building less than 50,000 square feet and, therefore, the project
requires review by the City Council per Section 17.08.030 of the Development Code.
Planninq Commission Action
This project was presented to the Planning Commission on March 15, 2006. The Planning
Commission reviewed the staff report of record and held a public hearing. The project architect
spoke in favor of the project, and advised that he would be in agreement of the Conditions of
Approval. The public hearing was closed, and the Planning Commission voted 3-0 recommending
the City Council approve the project. Commissioner Chiniaeff was absent.
Development Plan
The project conforms to the development regulations of the Light Industrial (L1) zoning district. The
building setbacks meet the minimum requirements of the Development Code and the 0.30 Floor
Area Ratio is below the target ratio of 0.40 for this zoning district. The proposed 19.47 percent lot
coverage is also below the maximum permitted lot coverage of 40 percent. The proposed site plan
provides adequate circulation for vehicles anticipated to utilize the site, as well as for emergency
vehicles. Access to the proposed building will be provided from a 24-foot wide drive aisle off
Slackdeer Loop.
The landscape plan conforms to the landscape requirements of the Development Code and Design
Guidelines. Tree and shrub placement will serve to effectively screen onsite parking areas and
soften building elevations. The project proposes to landscape 10,016 square feet or 23.34 percent
of the site, which exceeds the minimum landscaping requirements in the LI (Light Industrial) zone.
The proposed building is consistent with the Development Code and Design Guidelines. The
exterior architecture is enhanced with the use of arched pop-out elements, stone veneer and arched
window accents. The building design includes a concave element on the corner of Diaz Road and
Slackdeer Loop. This element includes a pergola supported by pre-cast Tuscan columns. A raised
stone veneer planter will be planted with an ornamental tree to punctuate the concave curve of the
building adding a focal point. The main building entrance is located internal to the site and is
accentuated by another pergola. The building includes various breaks in the wall planes and
parapet design, which in conjunction with landscaping, breaks up building mass from street view.
Environmental Review
In accordance with the California Environmental Quality Act, the proposed Project has been deemed
to be categorically exempt from further environmental review per Section 15332, In-Fill Development
Projects.
FISCAL IMPACT:
paid by the developer.
None. All costs associated with the proposed development will be
ATTACHMENTS:
Resolution No. 06-_
Excerpt from Development Code Section 17.08.070E
Planning Commission Staff Report of March 15,2006
Excerpt from Draft Planning Commission Minutes (March 15, 2006)
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA05-0139, A DEVELOPMENT PLAN TO
CONSTRUCT AN 18,680 SQUARE FOOT, TWO-STORY
OFFICE BUILDING ON 1.41 ACRES, LOCATED AT THE
NORTHWEST CORNER OF DIAZ ROAD AND
BLACKDEER LOOP
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find,
determine and declare that:
A. James Horecka, filed Planning Application No. PA05-0139, Development
Plan for the property consisting of approximately 1.41 acres generally located at the
northwest corner of Diaz Road and Blackdeer Loop known as Assessor's Parcel No(s).
921-030-016 and 921-030-017 ("Project").
B. The application for the project was processed and an environmental
review was conducted as required by law, including the California Environmental Quality
Act.
C. The Planning Commission of the City of Temecula held a duly noticed
public hearing on March 15, 2006 to consider the applications for the Project and
environmental review, at which time the City staff and interested persons had an
opportunity to, and did, testify either in support or opposition to this matter.
D. Following consideration of the entire record of information received at the
public hearing and due consideration of the proposed Project, the Planning Commission
adopted Resolution No. 06-26 recommending approval of a Development Plan to the
City Council.
E. On April 25, 2006 the City Council of the City of Temecula held a duly
noticed public hearing on the Project at which time all persons interested in the Project
had the opportunity and did address the City Council on these matters.
F. On April 25, 2006, the City Council of the City of Temecula approved a
Development Plan for the Project when it approved Resolution No. 06-_.
Section 2. The City Council of the City of Temecula hereby makes the
following findings:
A. The Project, including the Development Plan, is compatible with the
health, safety and welfare of the community. The Project, including the Development
Plan, has been reviewed and determined to be in conformance with the City's General
Plan. These documents set policies and standards that protect the health, safety and
welfare of the community. Access and circulation are adequate for emergency vehicles.
B. The Project, including the Development Plan, is compatible with
surrounding land uses.
C. The Project, including the Development Plan, will not have an adverse
effect on the community because it remains consistent with the goals and policies of the
adopted General Plan. The Project does not represent a significant change to the
planned land uses for the site and represents a relocation of existing land uses.
Section 3. The City Council hereby makes the following findings as required in
Section 17.05.010 of the Temecula Municipal Code:
A. The proposed use is in conformance with the General Plan for the City of
Temecula, the Development Code and with all applicable requirements of state law and
other ordinances of the City of Temecula because the project has been reviewed and it
has been determined that the project is consistent with all applicable zoning ordinances,
state law and the General Plan.
B. The overall development of the land is designed for the protection of the
public health, safety, and general welfare, because the project has been designed to
minimize any adverse impacts upon the surrounding neighborhood and the project has
been reviewed and conditioned to comply with the uniform building and fire codes.
Section 4. The City Council of the City of Temecula hereby approves the
Application for a Development Plan (PA05-0139) for the construction of a two-story,
18,680 square foot office building located at the northwest corner of Diaz Road and
Blackdeer Loop, (Assessor's Parcel No. 921-030-016 and 921-030-017), subject to the
specific conditions of approval set forth in Exhibit A, attached hereto, and incorporated
herein by this reference as though set forth in full.
Section 5. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 25th day of April , 2006.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 06- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 25th day of April 2006, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA05-0139
Project Description:
A Development Plan to construct a two-story, 18,680
square foot office building on 1.41 acres located on the
northwest corner of Diaz Road and Blackdeer Loop
Assessor's Parcel No.
921-030-016 and 921-030-017
MSHCP Category:
DIF Category:
TUMF Category:
Office
Office
Office
Approval Date:
Pending City Council Determination
Expiration Date:
Pending City Council Determination
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00)
for the County administrative fee, to enable the City to file the Notice of Exemption as
provided under Public Resources Code Section 21152 and California Code of Regulations
Section 15062. If within said 48-hour period the applicant/developer has not delivered to
the Planning Department the check as required above, the approval for the project granted
shall be void by reason of failure of condition (Fish and G.ame Code Section 711.4(c)).
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GENERAL REQUIREMENTS
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Planning Department
2. The applicant shall sign both copies of the Final Conditions of Approval that will be provided
by the Planning Department staff, and return one signed set to the Planning Department for
their files.
3. The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly,
from any action in furtherance of and the approval of the City, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning the Planning Application. The City shall be
deemed for purposes of this condition, to include any agency or instrumentality thereof, or
any of its elected or appointed officials, officers, employees, consultants, contractors, legal
counsel, and agents. City shall promptly notify both the applicant and landowner of any
claim, action, or proceeding to which this condition is applicable and shall further cooperate
fully in the defense of the action. The City reserves the right to take any and all action the
City deems to be in the best interest of the City and its citizens in regards to such defense.
4. The permittee shall obtain City approval for any modifications or revisions to the approval of
this development plan.
5. This approval shall be used within two years of the approval date; otherwise, it shall become
null and void. By use is meant the beginning of substantial construction contemplated by
this approval within the two-year period, which is thereafter diligently pursued to completion,
or the beginning of substantial utilization contemplated by this approval.
6. The Director of Planning may, upon an application being filed within thirty days prior to
expiration, and for good cause, grant a time extension of up to three one-year extensions of
time, one year at a time.
7. The applicant shall submit a sign program to be approved by the Planning Commission prior
to any signs being permitted.
8. The development of the premises shall substantially conform to the approved site plan and
elevations contained on file with the Planning Department.
9. The Conditions of Approval specified in this resolution, to the extent specific items,
materials, equipment, techniques, finishes or similar matters are specified, shall be deemed
satisfied by staffs prior approval of the use or utilization of an item, material, equipment,
finish or technique that City staff determines to be the substantial equivalent of that required
by the condition of approval. Staff may elect to reject the request to substitute, in which case
the real party in interest may appeal, after payment of the regular cost of an appeal, the
decision to the Planning Commission for its decision.
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Material
Main Body texture and color
Color
Color Coat, Sand Finish;
"Dover White" SW6385
Color Coat, Sand Finish;
Feature Walls
Cornice, Trim and Trellis
Columns
"Bagel" SW6114
"Porto bello" SW61 02
"Tuscan" Pattern
Roofing Tile
Stone
"Shortbread" SW8135
Mission Tile; Eagle Roofing #3522
Eldorado Stone, Cascade Rustic Ledge
10. Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning Director. If it is determined that the landscaping is not being
maintained, the Planning Director shall have the authority to require the property owner to
bring the landscaping into conformance with the approved landscape plan. The continued
maintenance of all landscaped areas shall be the responsibility of the developer or any
successors in interest.
11. The applicant shall paint a 3-foot x 3-foot section of the building for Planning Department
inspection, prior to commencing painting of the building.
Public Works Department
12. A Grading Permit for precise grading, including all on-site flat work and improvements, shall
be obtained from the Department of Public Works prior to commencement of any
construction outside of the City-maintained street right-of way.
13. An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right of way.
14. All grading plans shall be coordinated for consistency with adjacent projects and existing
improvements contiguous to the site and shall be submitted 'on standard 24" x 36" City of
Temecula mylars.
15. The project shall include construction-phase pollution prevention controls and permanent
post-construction water quality protection measures into the design of the project to prevent
non-permitted runoff from discharging offsite or entering any storm drain system or receiving
water.
16. A Water Quality Management Plan (WQMP) shall be submitted to the City. The WQMP will
include site design BMPs (Best Management Practices), source controls, and treatment
mechanisms.
Fire Prevention
17. Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
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California Building Code (CBC), California Fire Code (CFC), and related codes which are in
force at the time of building plan submittal.
18. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix III.A, Table A-III-A-1. The
developer shall provide for this project, a water system capable of delivering 3250 GPM at
20 PSI residual operating pressure, plus an assumed sprinkler demand of 400 GPM for a
total fire flow of 3650 GPM with a 3 hour duration. The required fire flow may be adjusted
during the approval process to reflect changes in design, construction type, or automatic fire
protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given
above has taken into account all information as provided. (CFC 903.2, Appendix III-A)
19. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. A minimum of 3 hydrants, in a combination of on-site and off-
site (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and
adjacent public streets. Hydrants shall be spaced at 440 feet apart, at each intersection and
shall be located no more than 225 feet from any point on the street or Fire Department
access road(s) frontage to a hydrant. The required fire flow shall be available from any
adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required.
(CFC 903.2, 903.4.2, and Appendix III-B)
20. As required by the California Fire Code, when any portion of the facility is in excess of 150
feet from a water supply on a public street, as measured by an approved route around the
exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire
flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2)
21. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by fire fighting personnel. (CFC 902.4)
Community Services Department
22. The trash enclosures shall be large enough to accommodate a recycling bin, as well as,
regular solid waste containers.
23. The developer shall contact the City's franchised. solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
24. The Applicant shall comply with the Public Art Ordinance.
25. All parkways, landscaping, fencing and on site lighting shall be maintained by the
maintenance association.
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Planning Department
26. The applicant shall submit and have approved a Certificate of Parcel Merger with the
Planning Department to legalize the Parcel Merger for the property.
27. The applicant shall submit to the Planning Department for permanent filing two 8" X 10"
glossy photographic color prints of the approved Colors and Materials Board and colored
architectural elevations. All labels on the Colors and Materials Board and Elevations shall
be readable on the photographic prints.
28. Provide the Planning Department with a copy of the underground water plans and electrical
plans for verification of proper placement of transformer(s) and double detector check prior
to final agreement with the utility companies.
29. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural resources, or any artifacts
or other objects which reasonably appears to be evidence of cultural or archaeological
resource are discovered, the property oWner shall immediately advise the City of such and
the City shall cause all further excavation or other disturbance of the affected area to
immediately cease. The Director of Planning at his/her sole discretion may require the
property to deposit a sum of money it deems reasonably necessary to allow the City to
consult and/or authorize an independent, fully qualified specialist to inspect the site at no
cost to the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeological/cultural resource, the Director of Planning shall notify the
property owner of such determination and shall authorize the resumption of work. Upon
determining that the discovery is an archaeological/cultural resource, the Director of
Planning shall notify the property owner that no further excavation or development may take
place until a mitigation plan or other corrective measures have been approved by the
Director of Planning."
Public Works Department
30. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and
approved by the Department of Public Works. The grading plan shall include all necessary
erosion control measures needed to adequately protect adjacent public and private property.
31. The Developer shall post security and enter into an agreement guaranteeing the grading and
erosion control improvements in conformance with applicable City Standards and subject to
approval by the Department of Public Works.
32. A Soil Report shall be prepared by a registered Sailor Civil Engineer and submitted to the
Director of the Department of Public Works with the initial grading plan check. The report
shall address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
33. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to
the Department of Public Works with the initial grading plan check. The report shall address
special study zones and the geological conditions of the site, and shall provide
recommendations to mitigate the impact of liquefaction.
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34. Construction-phase pollution prevention controls shall be consistent with the City's Grading,
Erosion & Sediment Control Ordinance and associated technical manual, and the City's
standard notes for Erosion and Sediment Control.
35. The project shall demonstrate coverage under the State NPDES General Permit for
Construction Activities by providing a copy of the Waste Discharge Identification number
(WDID) issued by the State Water Resources Control Board (SWRCB). A Stormwater
Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of
construction activities.
36. As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
37. The Developer shall comply with all constraints which may be shown upon an Environmental
Constraint Sheet (ECS) recorded with any underlying maps related to the subject property.
38. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by
providing documented evidence that the fees have already been paid.
39. The Developer shall obtain any necessary letters of approval for off-site work performed on
adjacent properties as directed by the Department of Public Works.
40. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If
the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid.
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PRIOR TO ISSUANCE OF BUILDING PERMIT
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Planning Department
41. All downspouts shall be internalized.
42. Three copies of Construction Landscaping and Irrigation Plans shall be reviewed and
approved by the Planning Department. These plans shall conform to the approved
conceptual landscape plan, or as amended by these conditions. The location, number,
genus, species, and container size of the plants shall be shown. The plans shall be
consistent with the Water Efficient Ordinance. The plans shall be accompanied by the
following items:
a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal).
b. Provide a minimum five foot wide planter to be installed at the perimeter of all
parking areas. Curbs, walkways, etc. are not to infringe on this area.
c. Provide an agronomic soils report with the construction landscape plans.
d. One copy of the approved grading plan.
e. Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
f. Total cost estimate of plantings and irrigation (in accordance with approved plan).
g. A landscape maintenance program shall be submitted for approval, which details the
proper maintenance of all proposed plant materials to assure proper growth and
landscape development for the long-term esthetics of the property. The approved
maintenance program shall be provided to the landscape maintenance contractor
who shall be responsible to carry out the detailed program.
43. Crape Myrtle street trees along Diaz Road and Blackdeer Loop shall be revised to Platanus
acerifolia 'Bloodgood'.
44. Phormium tenax 'Jack Sprat' spacing shall be revised to 24" on center.
45. All utilities shall be screened from public view. Landscape construction drawings shall show
and label all utilities and provide appropriate screening. Provide a 3' clear zone around fire
check detectors as required by the Fire Department before starting the screen. Group
utilities together in orderto reduce intrusion. Screening of utilities is nol!o look like an after-
thought. Plan planting beds and design around utilities. Locate all light poles on plans and
insure that there are no conflicts with trees.
46. Building Construction Plans shall include details outdoor areas (including but not limited to
trellises, decorative furniture, and hardscape to match the style of the building subjectto the
approval of the Planning Director.
47. Building plans shall indicate that all roof hatches shall be painted "International Orange".
48. The construction plans shall indicate the application of painted rooftop addressing plotted on
a nine-inch grid pattern with 45-inch tall numerals spaced 9-inches apart. The numerals
shall be painted with a standard 9-inch paint roller using fluorescent yellow paint applied
over a contrasting background. The address shall be oriented to the street and placed as
closely as possible to the edge of the building closest to the street.
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Public Works Department
49. Precise grading plans shall conform to applicable City of Temecula Standards subject to
approval by the Director of the Department of Public Works. The following design criteria
shall be observed:
a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C.
paving.
b. Driveway shall conform to the applicable City of Temecula Standard No. 207A.
c. Street lights shall be installed along the public streets adjoining the site in
accordance with City Standard No. 800, 801, 802 and 803.
d. Concrete sidewalks and ramps shall be constructed along public street frontages in
accordance with City of Temecula Standard Nos. 400. 401and 402.
e. All street and driveway centerline intersections shall be at 90 degrees.
f. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
50. The Developer shall construct the following public improvements to City of Temecula
General Plan standards unless otherwise noted. Plans shall be reviewed and approved by
the Director of the Department of Public Works:
a. Improve Diaz Road (Major Highway Standards - 100' RIW) to include installation of
sidewalk, street light, drainage facilities, utilities (including but not limited to water
and sewer), and raised landscaped median.
i) The Developer shall design and construct or provide an in lieu of
construction fee for half-width raised landscape median on Diaz Road from
Blackdeer Loop to the northerly property boundary. Plans shall be reviewed
and approved by the Department of Public Works.
b. Improve Blackdeer Loop (Collector Road Standards - 66' RIW) to include installation
of sidewalk, drainage facilities, utilities (including but not limited to water and sewer).
51. The Developer shall construct the following public improvements in conformance with
applicable City Standards and subject to approval by the Director of the Department of
Public Works.
a. Street improvements, which may include, but not limited to: curb and gutter, median,
sidewalk, drive approach, street lights.
b. Storm drain facilities.
c. Sewer and domestic water systems.
52. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic
Engineer and reviewed by the Director of the Department of Public Works for any street
closure and detour or other disruption to traffic circulation as required by the Department
of Public Works.
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53. The building pad shall be certified to have been substantially constructed in accordance with
the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer
shall issue a Final Soil Report addressing compaction and site conditions.
54. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 ofthe Temecula Municipal Code and all
Resolutions implementing Chapter 15.06.
55. The Developer shall record a written offer to participate in, and waive all rights to object to
the formation of an Assessment District, a Community Facilities District, or a Bridge and
Major Thoroughfare Fee District for the construction of the proposed Western Bypass
Corridor in accordance with the General Plan. The form of the offer shall be subject to the
approval of the City Engineer and City Attorney.
56. The Developer shall pay to the City the Western Riverside County Transportation Uniform
Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of
the Temecula Municipal Code and all Resolutions implementing Chapter 15.08.
Building and Safety Department
57. All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access
Regulations, and the Temecula Municipal Code.
58. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area
wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on
March 31, 2003, this project will be subject to payment of these fees at the time of building
permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee
schedule in effect at the time of building permit issuance.
59. Submit at time of plan review, a complete exterior site lighting plan showing compliance with
Ordinance No. 655 for the regulation of light pollution. All street-lights and other outdoor
lighting shall be shown on electrical plans submitted to the Department of Building and
Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon
adjoining property or public rights-of-way.
60. A receipt or clearance letter from the Temecula Valley School District shall be submitted to
the Building & Safety Department to ensure the payment or exemption from School
Mitigation Fees.
61. Obtain all building plans and permit approvals prior to commencement of any construction
work.
62. Show all building setbacks.
63. Developments with Multi-tenant Buildings or Shell Buildings shall provide a house electrical
meter to provide power for the operation of exterior lighting, irrigation pedestals and fire
alarm systems for each building on the site. Developments with Single User Buildings shall
clearly show on the plans the location of a dedicated panel in place for the purpose of the
operation of exterior lighting and fire alarm systems when a house meter is not specifically
proposed.
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64. All building and facilities must comply with applicable disabled access regulations. Provide
all details on plans. (California Disabled Access Regulations effective April 1 , 1998)
65. Provide disabled access from the public way to the main entrance of the building.
66. Provide van accessible parking located as close as possible to the main entry.
67. Trash enclosures, patio covers, light standards, and any block walls if not on the approved
building plans, will require separate approvals and permits.
68. Signage shall be posted conspicuously at the entrance to the project that indicates the hours
of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-21,
specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-
quarter mile of an occupied residence.
Monday-Friday 6:30 a.m. - 6:30 p.m.
Saturday 7:00 a.m. - 6:30 p.m.
No work is permitted on Sundays or Government Holidays
69. Obtain street addressing for all proposed buildings prior to submittal for plan review.
70. Restroom fixtures, number and type, to be in accordance with the provisions of the 2001
edition of the California Building Code Appendix 29.
71. Provide electrical plan including load calculations and panel schedule, plumbing schematic
and mechanical plan applicable to scope of work for plan review.
72. Truss calculations that are stamped by the engineer of record and the truss manufacturer
engineer are required for plan review submittal.
73. Provide precise grading plan at plan check submittal to check accessibility for persons with
disabilities.
74. Provide appropriate stamp of a registered professional with original signature on plans prior
to permit issuance.
75. A pre-construction meeting is required with the building inspector prior to the start of the
building construction.
Fire Prevention
76. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather surface for
80,000 Ibs. GVW. (CFC 8704.2 and 902.2.2.2). Prior to building construction, dead end
road ways and streets in excess of one hundred and fifty (150) feet which have not been
completed shall have a turnaround capable of accommodating fire apparatus. (CFC
902.2.2.4)
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77. Prior to issuance of buildinQ permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be
signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature
block; and conform to hydrant type, location, spacing and minimum fire flow standards. After
the plans are signed by the local water company, the originals shall be presented to the Fire
Prevention Bureau for signatures. The required water system including fire hydrants shall be
installed and accepted by the appropriate water agency prior to any combustible building
materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire
Protection Association 24 1-4.1)
Community Services Department
78. If new streetlights will be installed as a result of this project then the developer shall
complete the TCSD application process, submit an approved Edison Streetlight Plan and
pay the appropriate energy fees related to the transfer of street lighting into the TCSD
maintenance program.
79. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
G:IPlanning\2005IPA05-0139 Plaza Rio Vista DP\planninglDraft COA's.doc
16
Planning Department
80. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant
shall be required to screen all loading areas and roof mounted mechanical equipment from
view of the adjacent residences and public right-of-ways. If upon final inspection it is
determined that any mechanical equipment, roof equipment or backs of building parapet
walls are visible from any portion of the public right-of-way adjacent to the project site, the
developer shall provide screening by constructing a sloping tile covered mansard roof
element or other screening if reviewed and approved by the Director of Planning.
81. All required landscape planting and irrigation shall have been installed consistent with the
apprqved construction plans and shall be in a condition acceptable to the Director of
Planning. The plants shall be healthy and free of weeds, disease, orpests. The irrigation
system shall be properly constructed and in good working order.
82. Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings in accordance with the approved construction
landscape and irrigation plan shall be filed with the Planning Department for a period of one
year from final certificate of occupancy. After that year, if the landscaping and irrigation
system have been maintained in a condition satisfactory to the Director of Planning, the
bond shall be released upon request by the applicant.
83. Each parking space reserved for the handicapped shall be identified by a permanently
affixed reflectorizedsign constructed of porcelain on steel, beaded text or equal, displaying
the International Symbol of Accessibility. The sign shall not be smaller than 70 square
inches in area and shall be centered at the interior end of the parking space at a minimum
height of 80 inches from the bottom of the sign to the parking space finished grade, or
centered at a minimum height of 36 inches from the parking space finished grade, ground,
or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-
street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating
the following:
"Unauthorized vehicles parkea in designated accessible spaces not
displaying distinguishing placards or license plates issued for persons with
disabilities may be towed away at owner's expense. Towed vehicles may be
reclaimed by telephoning (951) 696-3000." .
84. In addition to the above requirements, the surface of each parking place shall have a
surface identification sign duplicating the Symbol of Accessibility in blue paint of at least
three square feet in size.
85. All site improvements including but not limited to parking areas and striping shall be installed
prior to occupancy or any use allowed by this permit.
86. All ofthe foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Public Works Department
87. The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP
have been constructed and installed in conformance with approved plans .and are ready for
immediate implementation.
G:IPlanning\2005\PA05-0139 Piaza Rio Vista DP\PlanninglDraft COA's.doc
17
88. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
89. All public improvements shall be constructed and completed per the approved plans and
City standards to the satisfaction of the Director of the Department of Public Works.
90. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall
be repaired or removed and replaced to the satisfaction of the Director of the Department of
Public Works.
Fire Prevention
91. Prior to building final, all locations where structures are to be built shall have approved Fire
Department vehicle access roads to within 150 feet to any portion of the facility or any
portion of an exterior wall of the building(s). Fire Department access roads shall be an all
weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet.
(CFC sec 902)
92. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers"
shall be installed to identify fire hydrant locations. (CFC 901.4.3)
93. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or
addresses shall be provided on all new and existing buildings in such a position as to be
plainly visible and legible from the street or road fronting the property. Numbers shall be of a
contrasting color to their background. Commercial, multi-family residential and industrial
buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum
of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or
numbers on both the front and rear doors. Single family residences and multi-family
residential units shall have four (4) inch letters and lor numbers, as approved by the Fire
Prevention Bureau. (CFC 901.4.4)
94. Prior to issuance of Certificate of Occupancy or building final, based on square footage and
type of construction, occupancy or use, the developer shall install a fire sprinkler system.
Fire riser room shall have direct access to exterior of the building. Fire sprinkler plans shall
be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10,
CBC Chapter 9)
95. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for
monitoring the sprinkler system, occupancy or use, the developer shall install a fire alarm
system monitored by an approved Underwriters Laboratory listed central station. Plans shall
be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10)
96. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be
provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located
to the right side of the main entrance door. (CFC 902.4)
97. Prior to final inspection of anv buildino. the applicant shall prepare and submit to the Fire
Department for aPDroval. a site plan desionatino Fire Lanes with appropriate lane paintino
and or sians.
G:IPlanning\2005IPA05-0139 Plaza Rio Vista DPIPlanninglDraft COA's.doc
18
OUTSIDE AGENCIES
G:IPlanning\2005\PA05-0139 Plaza Rio Vista DP\planninglDraft COA's.doc
19
98. The applicant shall comply with the Department of Environmental Health letter dated May
20, 2005.
99. The applicant shall comply with the Rancho California Water District letter dated May 27,
2005.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these Conditions of Approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Printed Name
Date
Applicant's Signature
G:\Planning\2005IPA05-0139 Plaza Rio Vista DPIPlanninglDraft COA's.doc
20
May 23 2r-c 16:51 P.03
o COUNTY OF RlVERSIDt: · HFALTH SERVICES AGENCY 0
DEPARTMENT OF ENVIRONMENTAL HEALTP
May 20, 2005
City ofTemecula Planning Department
P.O. BOK 9033
Temecula; CA 92589.9033
Attention: Hannony Bales
i
,
RE: D.evelopment Plan No. P A05-O 139 (pre-DRC Meeting date June 9, 2005)
Dear Mr. Fisk:
1. Department of Environmental Health has reviewed the Development Plan No. PA05.0139
co~structs a 19,650 sq. ft. commercial building on .99 acres and has no objections. Although we
hare no recent information in regards water and sewer availability, water and sewer servioes
should be available in this area. .
2. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD
BE REQUIRED:
. a) "Will-serve" letters from the appropriate water.and sewering.districts.
b) If there are to be any food establishments, (inoluding vending machines), three complete
sets of plans for each food establishment will be subtnitted including a fixture schedule,
a fmish schedule and a plumbing schedule in order to ensure compliance with the
California Ulrlform Retail Food Facilities Law 2. For specific refer~ce, contact Food
Facility Plan Examiners at (951) 600-6330.
. c) If there are to be any hazardous materials, a clearance letter from the Department of
Environmental Health Hazardous Materials Management Branch (955.5055) will be
required indicating that the project has been cleared for:
. Underground storage tanks, Ordinance # 617.4. .
. Hazardous Waste Generator Services, Ordinance # 615.3.
. Hazardous Waste Disclosure (in accordance with Ordinance # 651.2).
. Waste reduction managenient.
;
Gregor I. rjellenbach, Environmental Health Specialist IV
(951) 95548980
NOTE: i Any current additional requirements not COVeTed can be applicable at time of Building Plan
review for finsl Department of Environmental Health clearance.
cc: Doug Thompson, Hazardous Materials
Local Enforcement Agency' P.O. Box 1280. Riverside. CA 92502.1280 . (9091955.8982 ' FAX (909) 781.9653 . 4080 Lemon Street, 9th Floor. Riverside, CA 92501
Land U.. and Wate, En~ine.'ing . P.O. Box 1206. River.de, CA 92502-1206 . (9091955-8980 ' FAX 1909) 955-8903 '.4080 L.mon Su..\, 2nd Ftoor, River.de, CA 92501
I@
Rancho
Water
Board of Directors
Csaba F. Ko
President
Ben R. Drake
Sr. Vice President
Stephen J. Corona
Ralph H. Daily
Lisa D. Herman
John E. Hoagland
Michael R. McMillan
Officers:
Brian J. Brady
Gt!neral Manager
Phillip L Forbes
Director-of Finance-Treasurer
EP. "Bob~ Lemons
Duector of Engineering
Perry R. Louck
Director of Planning
JeffD.Armstrong
Controller
Linda M. Frego,so
District Secretary! Administrative
Services Manager
C. Michael Cowett
Best Best & Krieger LLP
General Counsel
-. ----- ."
May 27, 2005
HaImony Bales, Project Planner
City of Temecula
Planning Department
Post Office Box 9033
Temecula, CA 92589-9033
:;'TH~\\
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SUBJECT: WATER AVAILABILITY
PLAZA RIO VISTA; .PARCELS NO. 10 AND NO. 11 OF
PARCEL MAP NO. 12890; APN NO. 921-030-016 AND NO.
921-030-017; PA05-0139
[ALFRED AND INGE HEINZELMANN]
Dear Ms. Bales:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD). Water service,
therefore, would be available upon construction of any required on-site and/or
off-site water facilities and the completion of fmancial arrangements between
RCWD and the property owner.
If fire protection is required, the customer. will need to contact RCWD for fees
and requirements.
Water availability-would be contingent upon the property owner signing an
Agency Agreement that assigns water management rights, if any, to RCWD.
The project should be conditioned to use recycled water for landscape irrigation.
Requirements for the use of recycled water are available from RCWD.
If you should have any questions, please contact an Engineering Services
Representative at this office at (951) 296-6900.
. Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
IYlJflIt. . .
I ~icCel G. Meyerpeter, P.E.
Develop-ment Engineering Manager
05\MM:lm040IFEG
4~(ot
'-"'., 'RANCUU
. ..#-~'\ ClI.Ln'ORNJA
, ~ 'VATER
~ I)I~TJUGI'
..~;~~....".......~1>-.
c: Laurie Williams, Engineering Services Supervisor
Rancho California Water District
42135WinchesterRoad . Post Office Box 9017 . Temecula,California92589-9017. (951)296-6900 . F~{951)296-6860
17.08.070
COMMERCIAUOFFICE/INDUSTRIAL PERFORMANCE STANDARDS.
A.
Purpose. The purpose of this section is to prqvide for uniform performance standards and
criteria for the design of commercial buildings within the city in accordance with the
cognition that the quality and compatibility of building design directly impacts the health,
s ety and welfare of the residents of. the community. Moreover, quaiity and compatible
buil 'ng design promotes and preserves the stability of the city through orderly growth and
enha ement of a quality business environment. These purposes are further achieved
througH he following: .
-
1. The enhancement of the physical character of the community and quality of life
throu sound planning and coordinated development.
2. The bala ing of aesthetic design qualities with functional development.
3. The preserva . on and enhancement of the physical character, integrity and quality of
commercial/of e/industrial areas.
4. The enhancement nd protection of property values and the adherence to the goals
. and policies of the g eral plan.
5. The stimulation of imp vements and maintenance of surrounding properties,
thereby preventing and re rsing the effects of urban blight.
B. General Performance Standards. De lopments in the commercial/office/industrial districts
should be designed to provide variety a visual interest while still creating a unified overall
image. Performance standards to achie this image include, but are not limited to the
following:
1. Use creative entry treatments with such atures as canopies, awnings, cornices or
atriums.
2. Use a variety of complementary colors and a id the use of just one color and dark
colors.
3. Use various window shapes and sizes.
4. Vary the building shapes by using curved or angled w
5. Separate buildings or accessory structures should be desi ed as an integral part of
the primary building by using complementary materials, ammon architectural
elements, and special landscape design techniques.
6. Use a consistent design theme throughout the project. Employ c plementary or
consistent details, shapes, materials and colors. In addition, con . tent signage
should be provided with complementary colors, lettering, placement a d materials.
7. The bulk of the building should be divid.ed to redUCe the apparent scale an provide
visual interest. Box"like designs shOUld be avoided. This can be accom fished
through the following:
a.
Use variations in the building footprints and facades. Such variations shou
be proportional to the overall bulk of the buildings with variations beirlg
greater for large buildings.
..-/
Includes Amendments as of July 1, 2005
Chapter 17.08 . 18
b. Use a variety of shapes and forms including architectural projections such as
roof overhangs, box windows, stairways, balconies, and cantilevers that
create shadows on the buildings.
c. Use contrasting vertical and horizontal elements that help to break the visual
mass of the facade into smaller areas.
Divide the bulk of the roof into smaller areas to reduce the apparent scale of
the building and provide visual interest. The roof can be designed with
varying heights and slopes to contrast with a flat roof.
8. Where e character or scale is identifiable, new development should be designed to
maintain at character and to be compatible with that scale. In areas where the
character' not identifiable, new development should be designed to be
complement rY or consistent with desirable characteristics of the surrounding area in
a way that con ibutes to the establishment of a positive character and scale for the'
area through the se of similar or complementary materials, colors, or building forms
and design detail
9. Development should designed to minimize detrimental impacts on surrounding
properties, including, t not limited to, visual, noise, air quality and other
environmental impacts. rategies for minimizing the impacts include protecting
residential areas adjacen to commercial development through screening of
circulation areas, loading are and trash collection points or other areas that could
potentially be disruptive to the sidential character of the adjacent area.
1. Circulation.
C. Commercial Development Performance S
.a. Limit egress and ingress to comm cial areas to common entrance points.
Orient most of the vehicular access fr side streets rather than directly from
major arterial.
b. Separate vehicular and pedestrian circulatl n systems should be provided if
possible. Pedestrian linkages between uses the cornmercial areas should
be provided. In shopping centers, provide se arate pedestrian walkways
from parking areas to the major commercial te nts. Whenever possible,
parking lots should be designed to separate vehic r circulation routes from
parking aisles.
2. Architeciural Design.
a. Large buildings should be designed in such a manner to 1Joid excessive
mass and bulk. This can be accomplished by dividing the uilding form,
varying the height of the roof structure and by creating offsets i he exterior
walls.
b. The lower floors of commercial structures should not have blank ails.
Windows, trellises, wall articulation, and entrances can provide relief a
expansive wall surfaces.
Includes Amendments as of July 1, 2005
Chapter 17.0B - 19
c.. Upper portions of multistory commercial structures can be stepped-back to
reduce the bulk and mass of the buildings and to preserve pedestrian scale.
'-....;
d. Long unarticulated walls should be avoided. Wall planes should not extend
in a continuous direction for greater than fifty (50) feet with an offset or
enhanced architectural articulation.
3.
Pedestrian amenities in commercial developments should be provided to
enhance the opportunities for pedestrian circulation and social activities.
Strategies to achieve this high degree of pedestrian orientation and activity
i elude, but are not limited to, the following:
i. Orient the design of the buildings to the scale of pedestrian. First
loor uses should be primarily retail commercial, restaurants, or public
e areas. Windows and door entrances should be located on the
gr nd floor to encourage pedestrian activity. Large expanses of
unin rrupted wall surfaces should not be permitted.
ii. vered or enclosed walkways between the buildings on the
iii. Provide pede ian plazas and sidewalks of sufficient width adjacent
to buildings alon with amenities such as special lighting, interesting
paving materials, ndscaping benches and other street furniture.
b. Whenever possible, new stru ures should be clustered. This creates plazas
or pedestrian malls instead 0 ows of commercial or "Strip commercial."
Separate structures can be link with arcades. trellis or clearly defined
walkway.
',"-./
c. Minimize conflicts between pedestria and vehicular traffic as much as
possible by orienting pedestrian circula n areas parallel with the flow of
traffic through the parking areas.
d. Loading facilities shall not be located in front 0 tructures without screening.
These facilities are most appropriately located the rear of the structures
where screening can be minimal or not needed.
e. Open space areas should be concentrated or c1ust ed into larger more
meaningful spaces at areas of significant activity, rather
small areas of low impact or on the periphery of the site.
......."
4. Compatibility. When a commercial structure is located adjacent to
. neighborhood additional setbacks from the residentially zoned ar
required. Multistory buildings may be stepped back to preserve the sc
adjacent low rise structures. .
Includes Amendments as of July 1, 2005
Chapter 17.08.20
D. Industrial Development Performance Standards.
1. Circulation.
a. The circulation plan for an industrial development should clearly differentiate
circulation plans for employees, visitors, truck traffic, loading areas and
pedestrian circulation.
Facilities should be provided, when appropriate, for access to bus routes,
bus stops. .
c. icycle parking areas should be provided for employees.
ated walls should be avoided. Wall planes should not extend in
ection for greater than fifty feet without an offset.
d. Wa ways and paths should be provided opportunities for walking or jogging
for e loyees. .
2.
a.
b.
and roof forms, and distinctive windows patterns.
c. Blank wall elevations auld be avoided on street frontages.
d. Highly reflective surfaces e discouraged especially at the ground level.
e. Wall materials should be s ected that are resilient to damage from
machinery.
f. If rolling shutter doors are require ,the doors should be mounted on the
inside of the building to create an unc ttered appearance from the exterior.
3. Site Planning and Design.
a. Placement of structures which creates opp unities for plazas, courts or
gardens, lunch areas for employees with amen 'es such as outdoor seating
and garden areas.
b. Design features which contribute to the design cha cter of a project may
include: ceremonial entrance drives, enhanced vi 'tor parking areas,
highlighted visitor entrance areas, decorative pede rian plazas and
walkways, focal landscape treatments, site sculptures, emp ee recreational
facilities (exercise courses, jogging paths).
c. In order to provide security, lighting should be provided at minimum
illumination of one. footcandle across parking areas and two footc ndles at
entrances. Lighting fi?<tures should be shielded to confine the sprea flight
to adjoining properties. The design of the lighting fixtures shou be
compatible with the architecture of the building.
'--
Includes Amendments as of July 1, 2005
Chapter 17.08 - 21
d.
Loading areas should generally not be located in the front of the building
where it is difficult to adequately screen the loading areas from public view.
These areas are most appropriately located in the rear or side of the property
so that the loading docks and doors are not directly in the public view.
----
e. When walls or fences are necessary in the frontage of the property to
conceal storage and mechanical equipment areas, walls should be
architecturally treated on both sides and should be designed to complement
and blend with the architectural design of the building.
i. Long expanses of fencing or walls should be avoided unless offsets
are provided, height variations, and combinations of materials are
used to avoid monotony. Landscaping along the fences and at
specific pockets should be provided.
ii. Screening for outdoor storage should be a minimum of eight feet and
a maximum of twelve feet high depending on the height of the
material being screened. Exterior storage should be in the portions of
the site leastvis,ible from public view.
iii. Chain link fencing with wood or metal slatting between the links is
acceptable fofareas that are not visible from the street.
iv.
When screening is required, a combination of screening techniques
may be used, including solid masonry walls, landscaped berms and
landscaping.
-.
f. Mechanical or other utility equipment shall be screened whether it is located
on the roof, side of building or on the ground. The method of screening shall
be architecturally integrated in terms of materials, color and form. Roof top
equipment should:be integrated into the design of the building.
4. Compatibility. Where industrial. uses are adjacent to nonindustrial uses, appropriate
buffering techniques such as increased setbacks. screening;berms and landscaping
must be provided to mitigate any negative effects of industrial operations.
E. Additional Performance Standards for Office Buildings in the Business Park (BP) and Light
Industrial (L1) Zones. In order to encourage desirable characteristics of these zones,
multiple free standing office buildings must be designed to be compatible with the
surrounding scale. Performal1ce.standards to achieve this include but are not limited to the
following: .
1. Larger single and multi-tenant office buildings are preferred.
2. If multiple freestanding office buildings on.a single site are proposed, they should be
clustered aroundacourtyard.or common area sufficient to retain a pedestrian scale
and ,to . prevent lQl1g'!barrack.like" rows of buildings.
3.
The site shpuld..bedesigned with features that reinforce the visual and spatial
relationship ofeach.buildil1gand courtyard area, such as the use of decorative
paving, landscaping, and pedestrian amenities that complement the architectural
design of the buildings.
,.0_"
Includes Amendments a501 July 1, 2005
Chapter 17.08 - 22
DATE OF MEETING:
PREPARED BY:
PROJECT
DESCRIPTION:
RECOMMENDATION:
(Check One)
CEQA:
(Check One)
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
March 15,2006
Harmony Linton
TITLE: Assistant Planner
Planning Application No. PA05-0139 is a Development Plan to
construct a two-story 18,680 square foot office building on
1.41 acres located at the northwest corner of Diaz Road and
Blackdeer Loop
o Approve with Conditions
o Deny
o Continue for Redesign
o Continue to:
I:8l Recommend Approval with Conditions
o Recommend Denial
I:8l Categorically Exempt
(Section) 15332 Infill Development
(Class) . 32
o Notice of Determination
(Section)
o Negative Declaration
o Mitigated Negative Declaration with Monitoring Plan
DEIR
G:\Planning\2005IPA05-0139 Plaza Rio Vista DPIPlanninglPC STAFF REPORT.doc
1
PROJECT DATA SUMMARY
Name of Applicant: James Horecka
Date of Completion: May 5, 2005
Mandatory Action Deadline Date: March 15, 2006
General Plan Designation: Industrial Park (IP)
Zoning Designation: Light Industrial (L1)
Site/Surrounding Land Use:
Site:
Vacant, Previously Graded
North:
South:
East:
West:
Existing fueling facility
Existing office building
Murrieta Creek
Existing industrial building
Lot Area:
1.41 acres (gross) .99 acres (net)
Building Summary:
Proposed 18,680 square foot, two-story building
Building Height:
34 feet
Total Floor Area/Ratio:
.30
Landscape Area/Coverage:
10,016 square feet /23.34%
Parking Required/Provided:
50 spaces required / 55 spaces provided
BACKGROUND SUMMARY
Staff has worked with the applicant to ensure that all concerns have been addressed, and the
applicant concurs with the recommended Conditions of Approval.
Planning Application No. PA05-0139 is a Development Plan to design and construct a two-
story 18,680 square foot office building on 1.41 acres located at the northwest corner of Diaz
Road and Blackdeer loop. The Development Code requires office buildings that are less than
50,000 square feet to be approved, conditionally approved or denied by the City Council. In
order to move the application up to City Council, the Planning Commission will need to provide
a recommendation. .
A Development Plan application was submitted on May 10, 2005. A DRC meeting was held on
June 23, 2005. Staff worked with the applicant through several conceptual reviews of the
plans to achieve a design that could be supported by staff. The applicant resubmitted revised
plans on January 12, 2005.
G:IPlanning\2005IPA05-0139 Plaza Rio Vista DPIPlanninglPC STAFF REPORT.doc
2
ANALYSIS
Site Plan
The project conforms to the development standards for the Light Industrial (L1) zoning district.
The building setbacks meet the minimum requirements of the Development Code and the 0.30
Floor Area Ratio is below the target ratio of .40 for this zoning district. The proposed 19.47
percent lot coverage is also below the maximum permitted lot coverage of 40 percent. The
proposed building is located on the corner of the site near the Diaz Road and Blackdeer Loop
intersection. The parking has been positioned on the interior of the site to the rear of the
building. This allows the building to screen a portion of the parking lot. The proposed site
plan provides adequate circulation for vehicles anticipated to utilize the site, as well as for
emergency vehicle access.
Architecture
The original building proposed consisted of an exterior with a plain convex treatment at the
corner of Diaz Road and Slackdeer Loop. The building had an ogee patterned cornice and
diamond accents on the wall planes. All of the windows were the same size and gave the
building a squatting appearance. Furthermore, the stone treatments on the pop-outs were
approximately 30 inches high from ground level.
Staff was not in support of the architecture that was provided in the initial submittal, but has
worked with the applicant to achieve a mutually acceptable design. Staff feels that the current
concave appearance with enhancements better meet the intent of the Design Guidelines and
the Performance Standards within Section 17.08.070 of the Development Code. The building
will be constructed with a wood frame, and the main walls will consist of an exterior cement
and lath system. The concave treatment and pop-outs work together to break up the wall
planes of the' building. The building design includes pergolas with precast Tuscan style
columns at both the front and the rear to tie the project together, and the building cornice is
now proposed to have a cove profile. The windows have been lengthened at the ground floor
within the pop-out areas and arch elements have been added to the second story windows
within the pop-out elements. Additional stone veneer has been added to now reach the
second level and add a more enhanced appearance and to improve on the original squatting
effect. The raised stone continues around both sides of the building and onto the rear
enhanced corners. The exterior stairway which leads up to the second floor has been revised
from the original semicircular plainer layout to feature a more cove motif in order to blend with
building.
LandscapinQ
The landscaping plan conforms to the landscape requirements of the Development Code and
. Design Guidelines. The project proposes to landscape 10,016 square feet or 23.34 percent of
the site. This exceeds the minimum 20 percent minimum landscaped area required in the
Light Industrial (L1) zone. The project provides landscaping around the perimeter of the site
with a 20-foot landscaped setback along Diaz Road, and a ten-foot landscaped setback along
Blackdeer Loop. Varied landscaped setbacks are proposed around the entire building
footprint. An outdoor eating area is provided under the pergola at the rear of the building.
Tree and shrub placement will serve to effectively screen onsite parking areas and soften
building elevations. At the southeast corner of the building, a raised planter with stone veneer
G:IPlanning\2005\PA05-0139 Plaza Rio Vista DPIPlanninglPC STAFF REPORT.doc
3
will be planted with 36-inch box Australian Tea tree to punctuate the concave curve of the
building and add a focal point for this view of the project. A total of six London Plane trees, five
Red Crepe Myrtle trees, 19 Fern Pines. and 16 Flowering Pears have been placed around the
perimeter of the site and building. Additionally, six Queen Palms have been placed at the rear
of the building.
Access, Circulation and ParkinQ
Access to the proposed building will be provided from a 24-foot wide drive aisle off of
Blackdeer Loop. The project requires a minimum of 50 vehicle parking spaces and 55 have
been provided. In addition, four motorcycle spaces and four bicycle spaces have also been
provided. A loading space has been provided at the rear of the building meeting the
requirements within 17.24.060 of the Development Code.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act, the proposed Project has been
deemed to be Categorically Exempt from further environmental review per Class 32, Section
15332, In-Fill Development Projects.
CONCLUSION/RECOMMENDATION
staff has determined that the proposed project, as conditioned, is consistent with the City's
General Plan, Development Code, and all applicable ordinances, standards, guidelines, and
policies. Therefore, staff recommends that the Planning Commission recommend that the City
Council approve Development Plan PA05-0139 based upon the findings and with the attached
conditions of approval.
FINDINGS
1. The proposed use is in conformance with the General Plan for Temecula and with all
applicable requirements of state law and other ordinances of the City.
The proposal is consistent with the land use designation and policies reflected for
/ndustrial Park (IP) development in the City of Temecula General Plan. The General
Plan has listed the proposed uses, including professional offices, research and
development, laboratories, light manufacturing, storage, industrial supply, and
who/esale businesses as typical uses in the /ndustrial Park designation. The proposed
project is consistent with the use regulations outlined and conditioned by the Building
and Safety Department and the Fire Prevention Bureau to comply with all applicab/e
Building and Fire Codes.
G:IPlanning\2005IPA05-0139 Plaza Rio Vista DPIPlanninglPC STAFF REPORT.doc
4
2. The overall development ofthe land is designed for the protection of the public health,
safety and general welfare.
The proposed project is consistent with the development standards outlined in the City
of Temecula Development Code. The proposed architecture and site layout for the
project has been reviewed utilizing the Light Industrial Development Performance
Standards of the Development Code. The proposed project has met the performance
standards in regards to circulation, architectural design and site plan design.
ATTACHMENTS
1. Vicinity Map - Blue Page - 6
2. Plan Reductions - Blue Page 7
3. PC Resolution 06-_ - Blue Page 8
Exhibit A - Draft City Council Resolution 06-_
G:IPlanning\2005IPA05-0139 Plaza Rio Vista DPIPlanninglPC STAFF REPORT.doc
5
ATTACHMENT NO.1
VICINITY MAP
G:IPlanning\2005\PA05-0139 Plaza Rio Vista DPIPlanninglPC STAFF REPORT.doc
6
,
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ATTACHMENT NO.2
PLAN REDUCTIONS
G:IPlanning\2005\PA05-0139 Plaza Rio Vista DPIPlanninglPC STAFF REPORT.doc
7
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ATTACHMENT NO.3
PC RESOLUTION NO. 06-_
G:\Planning\2005IPA05-0139 Plaza Rio Vista DPIPlanninglPC STAFF REPORT.doc
8
PC RESOLUTION NO. 06-_
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVE PLANNING APPLICATION NO. PA05-
0139, A DEVELOPMENT PLAN TO CONSTRUCT A 18,680
SQUARE FOOT TWO-STORY OFFICE BUILDING ON 1.41
ACRES LOCATED AT THE NORTHWEST CORNER OF DIAZ
ROAD AND BLACKDEER LOOP
Section 1. James Horecka, filed Planning Application No. PA05-0139 (Development
Plan Application), in a manner in accord with the City of Temecula General Plan and
Development Code.
Section 2. Planning Application No. PA05-0139 was processed including, but not
limited to a public notice, in the time and manner prescribed by State and local law.
Section 3. The Planning Commission, at a regular meeting, considered Planning
Application No. PA05-0139 on March 15, 2006, at a duly noticed public hearing as prescribed
by law, at which time the City staff and interested persons had an opportunity to and did testify
either in support or in opposition to this matter.
Section 4. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended the City Council approve Planning Application
No. PA05-0139 subject to the conditions after finding that. the project proposed in Planning
Application No. PA05-0139 conformed to the City of Temecula General Plan and Development
Code.
Section 5. That the above recitations are true and correct and are hereby
incorporated by reference.
Section 6. Findinqs. The Planning Commission, in recommending approval of
Planning Application No. 05-0139 (Development Plan) hereby makes the following findings as
required by Section 17.05.01 O.E and F of the Temecula Municipal Code:
Development Code (Code Section 17.04.010.Fl
A. The proposed use is in conformance with the General Plan for Temecula and
with all applicable requirements of state law and other ordinances of the City;
The proposal is consistent with the land use designation and policies reflected for
Industrial Park (IP) development in the City of Temecula General Plan. The General
Plan has listed the proposed uses, including professional offices, research and
development, laboratories, light manufacturing, storage, industrial supply, and wholesale
businesses as typical uses in the Industrial Park designation. The proposed project is
consistent with the use regulations outlined and conditioned by the Building and Safety
Department and the Fire Prevention Bureau to comply with all applicable Building and
Fire Codes.
B. The overall development of the land is designed for the protection of the public
health, safety, and general welfare;
G:\Planning\2005\PA05-0139 Plaza Rio Vista DP\Planning\Draft PC Reso.docl
The proposed project is consistent with the development standards outlined in the City of
Temecula Development Code. The proposed architecture and site layout for the project
has been reviewed utilizing the Lightlndustrial Development Performance Standards of
the Development Code. The proposed project has met the performance standards in
regards to circulation, architectural design and site plan design.
The project has been reviewed for, and as conditioned, has been found to be consistent
with, all applicable policies, guidelines, standards and regulations intended to ensure
that the development will be constructed and function in a manner consistent with the
public health, safety and welfare.
Section 7. Environmental Compliance. The proposed project has been determined
to have no significant environmental effects and has been found to be categorically exempt
pursuant to Section 15332 (In-Fill Development Project) of the California Environmental Quality
Act.
Section 8. Recommendation. That the City of Temecula Planning Commission
hereby recommends that the City Council approve Planning Application No.PA05-0139, a
request to construct a 18,680 square foot two-story office building on 1.41 acres with conditions
of approval as set forth on Exhibit A of the City Council Resolution, attached hereto, and
incorporated herein by this reference together with any and all necessary conditions that may be
deemed necessary.
Section 9. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 15th day of March 2006.
Ron Guerriero, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
G:\Planning\2005\P A05-0139 Plaza Rio Vista D~lanning\Draft PC Reso.doc2
STATE OF CALIFORNIA ")
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA . )
I Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 06-_ was duly and regularly adopted by the Planning Commission of
the City of Temecula at a regular meeting thereof held on the 15th day of March 2006, by the
following vote:
AYES:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
NOES:
ABSENT:
PLANNING COMMISSIONERS:
ABSTAIN:
PLANNING COMMISSIONERS:
G:\Planning\2005\PA05-0139 Plaza Rio Vista DP\Planning\Draft PC ResQ.doc3
Debbie Ubnoske, Secretary
Chairman Guerriero thanked the applicant for the unique architecture.
MOTION: Commissioner Telesio moved to approve staff recommendation as presented.
Commissioner Harter seconded the motion and voice vote reflected approval with the
exception of Commissioner Chiniaeff who was absent.
PC RESOLUTION NO. 06-025
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING APPLICATION NO. PA05-
0105, A DEVELOPMENT PLAN TO CONSTRUCT A 11,271
SQUARE FOOT BUILDING ON .987 ACRES LOCATED AT
41755 ENTERPRISE CIRCLE SOUTH
7 Planninq ADPlication No. PA05-0139. a Development Plan. submitted bv James Horecka. to
construct a two-storv 18.680 square foot office buildinq on 1.41 acres. located on the
northwest corner of Diaz Road and Blackdeer Loop
Assistant Planner Linton provided the Planning Commission with a staff report (of written
material).
At this time, the public hearing was opened.
Mr. James Horecka, project architect, spoke in favor of the proposed project, and advised that
he would be in agreement of the Conditions of Approval.
At this time, the public hearing was closed.
Commissioner Telesio thanked the applicant and staff for delivering a great product to the
community.
Cornmissioner Harter concurred with comments made by Commissioner Telesio and voiced his
enthusiasm for the proposed project.
MOTION: Commissioner Harter moved to approve staff recommendation. Commissioner
Telesio seconded the motion and voice vote reflected approval with the exception of
Cornmissioner Chiniaeff who was absent.
PC RESOLUTION NO. 06-026
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVE PLANNING APPLICATION NO. PA05-
0139, A DEVELOPMENT PLAN TO CONSTRUCT A 18,680
SQUARE FOOT TWO-STORY OFFICE BUILDING ON 1.41
ACRES LOCATED AT THE NORTHWEST CORNER OF
DIAZ ROAD AND BLACKDEER LOOP
R:IMinutesPCI031506
5
ITEM NO. 19
Approvals
City Attorney
Director of Finance
City Manager
~
1112..
tf
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Shawn D. Nelson, City Manager
DATE:
April 25, 2006
SUBJECT:
Proposed Commission Guidelines
At the request of Council Member Naggar and Council Member Washington
PREPARED BY:
Susan W. Jones, City Clerk/Director of Support Services
RECOMMENDATION: Adopt the proposed guidelines for the appointment of City
Commissioners, for inclusion in the Handbook for Commissions, Committees and Boards.
BACKGROUND: Council directed staff to further define and enhance the process for
the appointment of Commissioners. Term limits were discussed by the City Council, but not
generally supported. Alternate Commissioners were also discussed, but are not being
recommended, due to legal concerns on the Planning Commission and the lack of continuity for the
other Commissions.
Staff is recommending that the following guidelines be included in the Handbook for Commissions,
Committees and Boards:
o Establish a formal interview process with the Mayor and Council Liaison with standard core
questions for both new candidates and incumbents
o Encourage letters of recommendation and/or references with the application process
o Encourage Council Liaison to attend Commission meetings to develop an overview of the
incumbent Commissioner's performance
o Review absentee record of all Commissioners as part of the incumbent performance review,
with the understanding that if three absences occur within a 12 month period, the Council
Liaison to that Commission will be notified for further review. If these absences are not
acceptable to the Council Liaison, a recommendation to the City Council will be made by the
liaison for removal from the Commission. This is in addition to the existing ordinance which
stipulates that should any commission member be absent from any three consecutive
meetings of the commission, without excuse acceptable to the city council, that member
shall vacate his or her seat on the commission.
The Council may also wish to consider the following previously discussed options. After serving two
full terms, appointment to subsequent terms should only be given consideration under the following
guidelines:
D The incumbent shall have served as Chair or Vice-Chair of their respective Commission.
D The incumbent shall have served on at least one sub-committee of their respective
Commission.
D The incumbent can only be appointed to a third term and beyond with a 4/5ths vote.
The City Council also asked staff to define the qualities and attributes of an effective Commissioner.
These attributes could be published in the announcement of a vacancy, as well as used by the City
Council in the appointment process. These attributes include the following:
D Informed citizen (someone knowledgeable about local affairs)
D Ability to have a good rapport with citizens
D Genuine concern for the community as a whole
D Be a good listener
D Served in another capacity prior to commission service (i.e. volunteer groups, non-profit
organizations, service clubs, etc.)
D Relates well to other people, including other commissioners
D Has the ability to accept decisions not of their own personal view if that is the will of the
majority
Staff also recommends the implementation of a formalized orientation program as follows:
D Provide a thorough review of the Handbook for Commission, Committees and Boards,
including the Brown Act.
D Povide more detailed orientation related to specific Commission issues, to be addressed
by the lead department.
FISCAL IMPACT:
None
ATTACHMENTS:
Current Handbook for Commission, Committees and Boards
CITY OF TEMECULA
HANDBOOK FOR COMMISSIONS,
COMMITTEES AND BOARDS
THE COMMISSIONER'S ROLE AND AUTHORITY
The primary role of the City Committees, Commissions and Boards is to encourage increased
public input and citizen participation in the determination of City policies and procedures.
City Committees/Commissions/Boards are not involved in the administration or operation of
City departments. Committee/Commission/Board members may not direct administrative staff
to initiate programs, conduct major studies, or establish official policy without the approval of
the City Council. However, City staff members are available to provide general staff
assistance to Committees/Commissions/Boards.
Despite Committees, Commissions, and Boards differing tasks, all share some basic
responsibilities. Members need to stay informed on subjects of interest to their specific
Committee/Commission/Board. The City Council of the City of Temecula encourages and
provides opportunities for continuing education to assist the members of City Commissions in
the conduct of their duties. Conscientious attendance is also a fundamental responsibility, as
irregular attendance lessens one's ability to study all aspects of items under consideration.
Three unexcused, consecutive absences constitute a vacancy of office.
CommissionlHandbook
RULES AND REGULATIONS FOR CITIZEN MEMBERS
It is not appropriate for individual members to present their personal views or recommendations
as representing the Committee/Commission/Board unless such body has voted to approve such
action. Members expressing views not approved by the majority of a Committee should
indicate their opinions are viewed as "private citizens." Individual opinions must be identified
as such.
Public statements should not include promises that may be construed to be binding on the
Committee, City Councilor City staff. When making a public statement, members should
indicate that Committee actions are recommendations and that final action will be taken by the
City Council.
Committee members may be selected on the basis of representing defined groups; however,
each member should represent the overall "public good" and not an exclusive group or special
interest.
GUIDELINES FOR CITIZEN MEMBERS
. Work to establish a good relationship with other committee members. The
success or failure 01 committee efforts may be dependent upon the degree of
cooperation evident among the individual members of the body.
. Each member should keep in mind these important points:
.
Show respect for another's viewpoint.
.
Allow others adequate time to fully present their views before making
comments.
.
Be open and honest.
.
Make new members welcome and help them become acquainted with
their duties.
.
Strive to minimize political action among members.
Commissionkiandbook
2
I. ROLE. AUTHORITY AND STAFFING OF COMMISSIONS
The City Council is empowered to establish commissions and to appoint members to
assist the Council in the conduct of City business. Members usually represent a cross-
section of the community. No member of any commission shall be a City employee,
nor shall any person be a member of more than one commission at anyone time.
The primary role of any City Commission is to review and make recommendations to
the City Council on matters within their scope of responsibility and to promote
increased public input and citizen participation in the determination of City policies and
program implementation.
The specific role of City Commissions is basically to serve as a citizens' advisory to the
City Council, focusing attention on specific program areas of the City. The City Council
may authorize certain "commissions" to take final actions in prescribed areas, for
example the Planning Commission is authorized to grant final approval of certain
projects and is required to provide a recommendation to the City Council on other
projects. In addition, staff may bring various projects to a commission for their review
before taking that matter to the City Council for final approval. Boards, committees
and commissions serve as a principal reviewing body for specific matters referred to
them by the City Council. All decisions. however, are subiect to call UP and review bv
the City Council.
Commissioners should represent the general interest of the City as a whole and not
specific program areas and their special interest groups.
Appointments and Removals
Chapter 2.40.050 of the Temecula Municipal Code, City Commissions Generallv
provides that appointments are subject to the approval of a majority of the City
Council. A majority of the council may remove an appointee for good cause.
Rules of Procedure/BY-Laws
Rules of procedure or by-laws for the proper conduct of business should be adopted.
OrQanization and Officers
As set forth in the by-laws, there shall be an annual election of a chairperson and vice-
chairperson. The position of chairperson and vice~chajrperson should be rotated among
members on an annual basis.
The Chairperson
The Chairperson is the key to the entire group process. The Chairperson must balance
being strong enough to make certain the meeting is conducted in an orderly fashion and
democratic enough to use the power and authority of the position wisely. The
Chairperson's ability to handle meetings will have a significant impact on morale,
operation and effectiveness. The Chairperson must make sure that discussions do not
CommissionlHandbook
3
get sidetracked on minor issues and must have the ability to see the "whole picture".
The most important duty of the Chairperson lies in his/her ability to find a common
ground and achieve workable compromises if appropriate. The Chairperson must be
able to represent the entire group to the City Council and community groups.
Minutes
Minutes shall be taken for all Commission, Committee and Board Meetings. The
Council has provided that these minutes shall be "action minutes" and not "verbatim"
whicn briefly describe the issues and actions taken. Minority opinions of members may
also be recorded in the minutes if desired. Comments by all members on every agenda
item cannot practicably be included in the minutes. Also, members abstaining for legal
conflict of interest requirements are required to state their reason for recordation in the
minutes. Minutes must be approved at a subsequent meeting and then become part of
the City's official records in the office of the City Clerk.
Development and Review of Commission Goals and Department Policies
The City of Temecula prepares and operates on an annual budget cycle. Boards,
committees and commissions are encouraged to annually review and comment on
department programs and capital projects that may be related to their scope of interest.
This evaluation is intended to focus attention on the overall program and service
priorities and commission objectives; and is not intended to be an evaluation of the
administration or operation of City Departments.
Involvement in Administrative Matters
Commissions should not become involved in the administrative or operational matters
of City departments unless specifically provided in the prescribed powers and duties.
Members may not direct staff to initiate major programs, conduct large studies or
establish department policy without approval of the City Council. City staff assigned to
furnish staff services shall be available to provide general staff assistance, such as
preparation of agenda materials, general review of department programs and activities,
to perform limited studies, program reviews and other services of a general staff
nature. Commissions may not establish department work programs or determine
department program priorities unless specifically authorized in their prescribed powers
and duties. The responsibility for setting policy and allocating City resources rests
properly with the City's duly elected representatives, the City Council, and cannot be
delegated to an outside group, however capable and interested it might be.
Communication with the City Council
To avoid possible compromising situations, the invitation to individual commission
members to address the Council on matters relating to their official capacity rests solely
with the City Council. [t should be emphasized, additionally, that when a member is
present at a Council meeting and is asked to address the Council on a matter, the
member should represent the viewpoint of the commission as a whole (not a personal
opinion), unless a proper qualification is made.
CommissionlHClndbook
4
Workinq with Other Members
Members should make every effort to uphold their reputation for honesty, fairness and
openness with the citizens of the community. Each group will undoubtedly consist of
diverse personalities; it is important that we work together to accomplish common
goals.
Workinq with Staff
Commission members are individually appointed by the City Council. City staff
assigned to work with the groups report to the City Manager, who in turn, reports to
the City Council. A department director or administrator usually arranges staff support
for each group.
If a commissioner wishes to initiate a project that requires staff development, it is
necessary that it be placed on the commission agenda for discussion and a
recommendation to the City Council that the project be authorized. Only after City
Council authorization may staff begin preparing the necessary reports and studies.
Staff support also means facilitating operations. Staff is aware of their responsibilities,
and the members should be aware of the time involved on the part of staff in preparing
studies and reports requested.
If friction develops, individuals should make every attempt to clarify differences and
make certain that clear communication is taking place. The public meeting should not
be used to express anger or disagreement. If differences cannot be resolved by this
method, the Councilmember serving as Commission Liaison and/or City Manager should
then be consulted in an effort to resolve the matter.
Staff Reports to Council on Commission Actions
There will be occasions when City staff will be required to prepare an agenda report on
either a commission action or appeal for City Council review. In preparation of such a
report the staff member should present both the staff position and the commission's
position. The position of members not voting in the majority on an item should also be
presented in the staff report if so indicated by the member.
It is the desire of the City Council to have an opportunity to hear and consider all sides
of an issue and alternative recommendations to assist in their decision-making process.
Procedure for Handlina Public or Appeal Hearings
In some instances, commissions will have to conduct a public hearing, either on a major
issue of concern to the community or on a permit application or appeal of a staff
decision. It is recommended that the procedure established by the City Attorney be
followed at all times during the conduct of this kind of hearing.
CommissionlHandbook
5
leqal Assistance
Some commissions require the presence of a City Attorney. When there is doubt
concerning the legality of an issue, the Attorney should advise members as to the
legality of the proposed action.
Great care must be taken in the maintenance of records of the proceedings when
litigation is a possibility. The direction of the City Attorney should be followed closely.
Remember the adage, "Discretion is the better part of valor", and when in doubt about
the legality of a procedure, wait until the legal opinion is rendered. If necessary, a
hearing may have to be continued until matters can be clarified. Counsel must control
the circumstances surrounding a particular matter since he/she may be required to
defend the action in court.
Council Review of Action
Most actions and recommendations of commissions may be appealed to the City
Council for review and approval. Certain actions are final with the Commission with no
right of appeal.
Public Appearance of Members
When a commission member appears in a non-official, non-representative capacity
before any public or private body, the member shall not identify or disclose his/her
membership on a commission. If a question of membership arises, the member shall
indicate that he/she is appealing and speaking only as an individual. If a commission
member appears as the representative of the applicant or a member of the public, the
Political Reform Act governs this appearance, The City Attorney should be consulted.
Members should take notice that the Brown Act makes punishable as a misdemeanor,
the attendance by a member at a meeting at which action is taken in violation of the
Brown Act. "Action taken" is defined to mean a collective decision, commitment or
promise by a majority of the members of such a body when setting as a body, upon a
motion, proposal, resolution, order or ordinance. Further, the Brown Act provides that
the City can be enjoined by the courts from violating the Brown Act. fA summary of
the major provisions and requirements of the Ralph M. Brown Act is included in this
handbook}.
Commission Members Runninq for Elective Office
Members of the City's commissions shall be permitted to retain membership on such
appointive bodies while seeking any elective office. Members of appointive bodies shall
not, however, use the meetings, functions or activities of such bodies for purposes of
campaigning for elective office.
CommissionlHandbook
6
Commission Positions on Ballot Proposals and LeQislation
Commissions may review and make recommendations to the City Council on ballot
proposals and legislation. The City Council shall review all such recommendations.
Commission member shall only represent the majority position of the City Council on
such matters unless speaking as an individual or indicating a minority opinion.
CommissionlH!lndbook
7
Cbapter 2,40
CITY COMMISSIONS GENERALLY
Sections:
2.40.010
2.40.020
2.40.030
2.40.040
2.40.050
Commission established.
Number of members.
Qualifications.
Applications.
Members-Appointment and
removal.
Term.
Vacaudes.
Meetings/quorum.
Absence from meetings.
Compensation.
2.40.060
2.40.070
2.40.080
2.40.090
2.40.100
)
2.40.010 Commission established.
There shall be established within the city a plan-
ning commission. For purposes of state planning law,
the planning commission shall serve as the planning
agency, Wlless another official or body is specifically
designated to perfonn that function or make a particu-
lar decision as provided by ordinance of the city.
Division of land use decisionmaking authority shall
be as set forth in Ordinance No. 92~14. The city
council may establish by ordinance and resolution
such other commissions as it deems necessary. (Ord.
93-04! 10: Ord. 9\)-02 ! 1 (2.06.0 I 0))
2.40.020 Number of members.
Unless otherwise specifically provided, each
commission shall consist of five members. (Ord. 90-
02! 1(2.06.010))
I
2.40.030 Qualifications.
Unless otherwise specifically provided by law, or
by ordinance or resolution of the city council, all
members of commissions of the city shall, at all times
during their incumbencies, be bona fide residents and
registered voters of the city. No member of any
commission shall be a city employee, nor shall any
person be a member of more than one conunission at
anyone time. (Ord. %-OS ! 2: Ord. 90-02 ~ 1
(2.06.030))
"
2.40.0 to
2.40.040 Applications.
The city clerk shall maintain all applications
submitted to the city for commission positions for a
period of two years. (Ord. 90-02! 1 (2.06.040))
2.40.050 Members-Appointment aDd
removal.
Members of each commission shall be nominated
by an ad hoc committee of two council members
subject to the approval of a majority of the city
council. A majority of the council may remove an
appointee for good cause. The chairperson and vice-
chairperson of each commission shall be selected by
a majority of the membership of that commission.
(Ord. 2000-08 ~ 2: Ord. 90-02 ! 1 (2.06.050))
2.40.060 Term.
The tenn of each commission member shall be
three years with staggered terms. lnitially, all five
members may be selected at once. In order to
achieve staggered terms, one member shall be
appointed for a tenn of three years; two for tenns of
two years; and two for tenos of one year. such terms
to be determined by drawing lots. At the completion
of any term, a commission member may be reap-
pointed pursuant to the procedures set forth in
Section 2.40.050. (Ord. 90-02! I (2.06.060))
2.40.070 Vacancies.
If vacancies in any commission occur, other than
by ex.piration of term, such vacanci~s shall be filled
by appoinbnent for the unexpired portion of the
term. (Ord. 90.02 ! 1 (2.06.070))
2.40.080 Meetings/quorum.
The city council shall establish meeting schedules
for each commission by resolution. A quorum of
three shall be required for the transaction of any business. (Ord. 90-02 ~ t (2.40.080))
2.40.090 Absence from meetings.
Should any conunission member be absent from
any three consecutive meetings of the commission,
without excuse acceptable to the city council, that
member shall vacate his or her seat on the cornmis-
27
(TCIIlCCIIla3-02)
2.40.090
sicn. The vacancy shall be fined in the same manner
as any other vacancy. (Ord. 90-02 ~ I (2.06.090))
2.40.100 Compensation.
City commissioners shall receive monthly com-
pensation as follows:
Planning commission $50.00/meeting attended,
Public traffic/safety
commission 50.00/meeting attended, and
Community services
commission 50.00/meeting attended.
(Ord. 01-t2 ! t: Ord. Ot-ll ! 1: Ord. Ol-OS ~ 2,
2001: Ord. 99-09 ~ 1: Ord. 96-09 ~ 2: Ord. 90-02 ~
t (2.06. toO))
,.
L
lC
i.
I'
,.
"
(lemec1ll.3~)
28
Chapter 2.44
PUBLIcrrRAFFlC SAFETY
COMMISSION*
Sections:
2.44.010
2.44.020
2.44.030
2.44.040
2.44.050
2.44.060
2.44.070
Estahlished.
Composition and membership.
Terms of office.
Time and place of meetings.
Powers and duties.
Public hearings.
Staff assistance.
. PriorordinanochirtOl}': 001.90-67.
2.44.010 Established.
Pursuant to Section 2.40.010, there is created an
advisory commission to the city council which shall
be known as the Temecula public/traffic safety com.
mission. (ani. 93-18. I (12.01.010): Ord. 92-171
I (12.01.010))
)
2.44.020 Composition and membership.
The pubIiC/traffic safety commission shall consist
of five members appointed by the city council pur-
suanlto Section 2.40.050. No officers or employees
of the city or person under an employment contract
subject to the jurisdiction of the city council shall
be members of such commission. (Ord. 93.18 ~ 1
(12.01.020): ani. 92-17 . 1 (12.01.020))
I.
2.44.030 Terms of office.
Tenus of office for public/l:raffic safety commis-
sioners shall be three years with staggered tenus.
Initially, all five members may be selecled at once.
In order to achieve staggered tenos, one member
shall be appointed for a tenn of one year, two mem-
bers for terms of two years; and two members for
terms of one year, such termS to be detennined by
!he dlllwing of lots. Al the completion of any term
a commission member may be reappointed pUl"SUant
to the procedures set forth in Section 2.40.050.
(ani. 93-18 ~ 1 (12.01.030): ani. 92-t7. 1 (12.01-
.030))
,
I.
2.44.010
2.44.040 Time and place of meetings.
The public/traffic safety commission shall estab-
lish a regular date, time and place for commission
meetings, which shall be open to the public. Such
meetings shall occur no less frequently than once a
month. (Ord. 93-18 ~ t (12.01.050): ani. 92-t7 ~
1 (12.01.050))
2.44.050 Powers and duties.
The public/traffic safety commission shall advise
the city council on all matters subject to the jurisdic-
tion of the council pertaining to the public and
tnlffic safety. The duties of the pUbliC/traffic safety
commission shall be established by resolution oithe
cily council. (Ord. 93-18 fi I (12.01.060): Onl. 92-
17 11 (12.01.060))
2.44.060 Public hearings.
Whenever the commission detennines, by a two-
thirds majority of those members present, that its
deliberations with respect to a particular matter or
matters would be substanfially aided by lhe preseo-
tafion of testimony from the citiz.c.ns of the city, or
of a certain area of the city, the commission may
direct a public hearing be held concerning such
matter or matters. Notice of such a hearing shall be
provided by publication in a newspaper of general
circulation published in the city. amI/or by posting
the same in at least three public places, not later
than seven days prior to the date of the hearing,
Such hearings shall be conducted in accordance with
the rules established for the conduct of hearings
before the city council unless lhe council, by resolu-
tion, shall othelWise provide. (Oed. 93-18 f 1
(12.01.070): Onl. 92-17 I t (12.01.070))
2.44.070 SlatT assistance.
The city manager shall ensure that adequate staff
will be allocated to provide necessary technical and
clerical assistance to the commission. (Oed. 93-18
~ 1 (12.01.040): ani. 92-17 . 1 (t2.0I.040))
29
(I'1:IIlllCUllS-~1
2.48.0tO
Chapter 2.48
COMMUNlTY SERVICES COMMISSION
Sections:
2.48.010
2.48.020
2.48.030
Established.
Time and place of meetings.
Powers and duties.
2.48.010 Established.
There is established a Temecula community ser-
vices commission. (On!. 93-Q6 t 1 (13.01.010): On!.
90-05 t I (13.10.010))
2.48.020 Time and place of meetings.
The time and place of the meetings of the Tem-
ecula community services commission shall be
established by resolution of the commission. (Ord.
93-Q6 t 1 (13.01.020): On!. 90-05 t I (t3.01.020))
2.48.030 Powers and duties.
The duties of the Temecula community services
commission shall be eSlablished by resolution of lhe
city council. (On!. 93-Q6 f I (13.01.030): Ord. 90-
05 f 1 (13.01.030))
(TemccalaS.~)
l(
,
.'
I
I'
I.
,.
I.
'"
30
SUMMARY OF THE MAJOR PROVISIONS AND REQUIREMENTS
OF THE RALPH M. BROWN ACT
JANUARY 2006
The Ralph M. Brown Act. commonly referred to as the "Brown Act," is California's
"sunshine" law for local government. It is codified in the Government Code begiIUling at
Section 54950. In a nutshell, the statute requires local govenunent business to be conducted at
open and public meetings, except in certain limited situations. The Brown Act is based upon
state policy that the people must be informed so they can keep control over their government.
Any gathering of three or more COWlcil members in person, or by serial discussions, or
by telephone, or by cmail to "hear. discuss or deliberate" on matters within the jurisdiction of the
city constitutes a meeting and requires compliance with the Brown Act.
This paper briefly summarizes and discusses the major provisions and requirements of
the Brown Act. All citations to "Section "refer to the Government Code.
I. Application to "Legislatin Bodies"
The requirements of the Brown Act apply to "legislative bodies" of cities and other local
agencies. The term "legislative body" is defined to include the governing body of a local agency
(e.g., the city council) and any commission, committee, board or other body of the local agency,
whether permanent or temporary, decision making or advisory, that is created by formal action of
a legislative body (Section 54952).
Standing committees of a legislative body are subject to the requirements of the Brown
Act if they have either a "continuing subject matter jurisdiction" or a meeting schedule fixed by
formal action of the legislative body. Such standing committees exist to make routine and
regular recommendations on a specific subject. They sU[\i'ive resolution of anyone task, and are
a regular part of the govenunental structure.
The Brown Act does not apply to an "ad hoc" advisory committee of a legislative body if
the ad hoc advisory committee is composed solely of members of the body and it does not have a
continuing subject matter jurisdiction or a meeting schedule fixed by formal action of a
legislative body. Such ad hoc advisory committees generally serve only a limited or single
purpose. They are not perpetual and they are dissolved when their specific task is completed.
Ad hoc advisory and standing committees may, but are not required to, have regular
meeting schedules. Even if a standing committee does not have a regular meeting schedule, its
agendas should be posted at least 72 hours in advance of the meeting. If this is done, then the
meeting is considered to be a "regular" meeting for all purposes. If not, then the meeting must
be treated as a "special" meeting, and all of the limitations and requirements for special meetings
apply. The differences between regular and special meetings are explained in Parts VI and VII
below.
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Governing boards of private entities are subject to the Brown Act under certain
circumstances. Specifically, a private entity's governing board constitutes a Brown Act
legislative body if either of the following applies: (i) the private entity is created by an elected
legislative body to exercise lawfully delegated authority of the legislative body; or (ii) the private
entity receives funds from a local agency and the private entity's governing board includes a
member of the legislative body who was appointed by the legislative body to the governing
board as a full voting member (Section 54952).
Finally, the Bruwn Act applies to persons who are elected to serve as members of a
legislative body ofa local agency even before they asswne the duties of office (Section 54952.1).
Under this provision, the statute applies to newly elected, but not-yet-swom-in, cOWlcihnembers.
II. Definition of ~'Meetings" and Exceptions to Meetings
The central provision of the Brown Act requires that all "meetings" of a legislative body
be open and public. The Brown Act meaning of the term "meeting" (Section 54952.2) is a very
broad definition that encompasses almost every gathering of a majority of legislative body
members and includes:
"any congregation of a majority of the members of a legislative body at the same
time and place to hear. discuss. or deliberate upon any item that is within the
subject matter jurisdiction of the legislative body or the local agency to which it
pertains." [Emphasis added. ]
In plain English, this means that a meeting is any gathering of a majority of councilmembers (or
commissioners) to hear or discuss any item of city business or potential city business. A meeting
occurs even ifno action is taken.
There are six types of gatherings that are exceptions to the Brown Act's meeting
definition and therefore are not subject to the statute. We refer to these exceptions as: (I) the
individual contact exception; (2) the seminar or conference exception; (3) the community
meeting exception; (4) the other legislative body exception; (5) the social or ceremonial occasion
exception; and (6) the standing committee exception. Unless the gathering falls within one of
these exceptions, if a majority of councilmembers (or commissioners) are in the same room and
merely listen to a discussion of city business, then they will be participating in a Bwwn Act
meeting that requires notice, an agenda, and a period for public comment.
A. The individual contact exception
Conversations, whether in person, by telephone or other means, between a legislative
body member and any other person do not constitute a meeting (Section 54952.2(c)(I)).
However, such contacts may constitute a "serial meeting" in violation of the Brown Act if they
are part of a series of individual contacts with other members of the legislative body for the
purpose of "developing a collective concurrence." An explanation of what constitutes a serial
meeting follows in Part V below.
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B. Tbe seminar or conference exception
I.
The attendance by a majority of legislative body members at a seminar, conference or
similar educational gathering also is generally exempted from Brown Act requirements (Section
54952.2(c)(2)). In order to qualify under this exception, the seminar or conference must be open
to the public and must involve issues of general interest to the public or to cities. A League of
California Cities seminar is an example of an educational gathering that fulfills these
requirements, However, this exception will not apply to a seminar or conference if a majority of
legislative body members discuss among themselves items of specific business relating to their
own local agency other than as part of the scheduled program.
C. Tbe community meeting exception
The community meeting exception allows a majority of legislative body members to
attend privately-sponsored neighborhood meetings, town hall forums, chamber of commerce
lunches or other community meetings at which issues of local interest are discussed (Section
54952.2(c)(3)). In order to fall within this exception, though, the community meeting must be
"open and publicized." This means that attendance by a majority oflegislative body members at
a homeowners association meeting that is limited to the residents of a particular development and
only publicized among members of that development would not qualify for this exemption.
Also, as with the other meeting exceptions, a majority of legislative body members cannot
discuss among themselves items of business of their own local agency other than as part of the
scheduled program.
D. The other legislative body exception
This exception allows a majority of members of any legislative body to attend meetings
of other legislative bodies of their local agency, or of another local agency, without treating such
attendance as a meeting of the body (Section 54952.2(c)(4)). Of course, as with other meeting
exceptions, the legislative body members are prohibited from discussing items of business of
their local agency among themselves other than as part of the scheduled meeting.
E. The social or ceremonial occasion exception
Brown Act requirements do not apply to attendance by a majority of legislative body
members at a purely social or ceremonial occasion (Section 54942.2(c)(5)). This exception only
applies, though, if a majority of legislative body members do not discuss among themselves
items of business of their local agency.
F. The standing committee exception
This exception allows members of a legislative body who are not members of a standing
committee of that body to attend an open and noticed meeting of the standing c.omrnittee without
making the gathering a meeting of the fulllegistative body itself (Section 54952.2(c)(6)). The
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standing committee exception addresses the situation where the attendance at a standing
committee meeting by legislative body members who are not standing committee members
would create a gathering Df a majority of the legislative body (and therefore, a "meeting" of the
legislative body). In order to fall within the standing committee exception, the legislative body
members who are not members of the standing committee may attend only as "observers." This
means that such persons should not speak at the standing committee's meeting, sit in their usual
seat on the dais or otherwise participate in the meeting. To avoid this awkward situation, we
generally recommend that, if a standing committee meeting is likely to be attended by other
legislative body members, then the meeting should be agendized as a meeting of the whole
legislative body. This will allow participation by all the legislative body members.
III. Permitted Locations of Meetings and Teleconferencing
The Brown Act generally requires all meetings of a legislative body to occur within the
boundaries of the local agency (Section 54954(b)). There are exceptions to this rule, however,
such as one to allow meetings with a legislative body of another local agency in that agency's
jurisdiction. Meetings held outside of a local agency's boundaries pursuant to an exception still
must comply with agenda and notice requirements, which are discussed in Part VI below.
"Teleconferencing" may be used as a method for conducting meetings whereby members
of a legislative body may be counted towards a quorum and participate fully in the meeting from
remote locations (Section 54953(b )). The following requirements apply: the remote locations
may be connected to the main meeting location by telephone, video or both; the notice and
agenda of the meeting must identify the remote locations; the remote locations must be posted
and accessible to the public; all votes must be by roll call; and the meeting must in all respects
comply with the Brown Act, including participation by members of the public present in remote
locations. A quorum of the legislative body must participate from locations within the
jurisdiction, but other members may participate from outside the jurisdiction. The
teleconferencing rules only apply to members of the legislative body; they do not apply to staff
members, attorneys or consultants who can participate remotely without following the posting
and public access requirements.
IV. ADA Compliance
All meetings of a legislative body, other than closed session meetings or parts of
meetings involving a closed session, are required to be held in a location and conducted in a
manner that complies with the Americans with Disabilities Act of 1990 and the federal rules and
regulations implementing that law (Section 54953.2). In addition, if requested, the agenda and
documents in the agenda packet must be made available in alternative formats to persons with a
disability (Section 54954.1). The agenda must include information regarding how, to whom, and
when a request for disability-related modification or accommodation, including auxiliary aids or
services, may be made by a person with a disability who requires a modification or
accommodation in order to participate in the meeting (Section 54954.2).
V. Serial Meetings
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In addition to regulating gatherings of a majority of legislative body members, the Brown
Act also addresses some contacts between individual legislative body members. As explained in
Part II above, the individual contact exception to the "meeting" definition specifically states that
nothing in the statute is intended to impose requirements on individual contacts or conversations
between a legislative body member and any other person (Section 54952.2(c)(1)). Despite this
exception, however, the Brown Act does prohibit a series of such individual contacts (commonly
referred to as a "serial meeting'') if they result in a majority of legislative body members
developing a "collective concurrence as to action to be taken on an item by the members of the
legislative body" (Section 54952.2(b)).
A serial meeting is a series of meetings or communications between individuals in which
ideas are exchanged among a majority of a legislative body (such as three councilmembers)
through either one or more persons acting as intermediaries or through use of a technologicaJ
device (such as a telephone answering machine, e-mail or voice mail). A serial meeting can
occur even though a majority of legislative body members never gather in a room at the same
time, and it typically results in one of two ways. The first is when a staff member, a legislative
body member, or some other person individually contacts a majority oflegislative body members
and shares ideas among the majority ("I've talked to members A and B and they will vote 'yes.'
Will you?"). Alternatively, without the involvement of a third person, member A calls member
B, who then calls member C, and so on, until a majority of the legislative body has reached a
collective concurrence on a matter.
In order to avoid inadvertent violation of the serial meeting rule, we reconunend the
following guidelines be followed. These rules of conduct apply only when a majority of a
legislative body is involved in a series of individual contacts or communications, whether with
local agency staff members, constituents, developers, lobbyists or other members of the
legislative body.
A. Contacts with staff
Staff can inadvertently become a conduit among a majority of a legislative body in the
course of providing briefings on items of local agency business. The Attorney General has taken
the position that, when local agency staff individually brief a majority of legislative body
members, such briefing necessarily constitutes an illegal serial meeting. We do not agree with
this highly restrictive interpretation, but there is no doubt that staff briefings can easily lead to a
collective concurrence if not handled carefully. To avoid development of a collective
concurrence in contacts with staff:
Staff briefings of legislative body. members should be "uni-directional" when
done on an individual basis for a majority of the legislative body members. This
means that information should flow from staff to the member, and the member's
participation should be limited to asking questions and acquiring information.
Otherwise, multiple members could separately give staff direction thereby causing
staff to shape or modify their ultimate recommendations in order to reconcile the
views of the various members, resulting in a collective concurrence.
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. A legislative body member should not ask staff to describe the views of other
legislative body members, and staff should not volunteer those views ifknown.
Staff may present their views to a legislative body member during an individual
contact, but staff should not ask for that member's views. Additionally, that
member should avoid disclosing his or her views unless it is absolutely clear that
staff is not discussing the matter with a majority of the legislative body.
B. Contacts with constituents, developers and lobbyists
A constituent, developer or lobbyist can also inadvertently become an intermediary who
causes an illegal serial meeting. Such persons' unfamiliarity with the requirements of the Brown
Act aggravate this potential problem because they may expect a legislative body member to be
willing to commit to a position in a private conversation in advance of a meeting. To avoid
development of a collective concurrence in contacts with constituents, developers and lobbyists:
State the ground rules "up front." Ask if the person has talked, or intends to talk,
with other members of the legislative body about the same subject. If the answer
is "yes," then make it clear that the person should not disclose the views of other
legislative body members during the conversation.
Explain to the person that you will not make a final decision on a matter prior to
the meeting. Here is our suggested explanation: "State law prevents me from
giving you a commitment outside a meeting. I wi1l1isten to what you have to say
and give it consideration as I make up my mind."
Do more listening and asking questions than expressing opinions. If you disclose
your thoughts about a matter, counsel the person not to share them with other
members of the legislative body.
C. Contacts with fellow members of the same legislative body
Direct contacts concerning local agency business with fellow members of the same
legislative body (such as through face-to-face or telephonic conversations, notes, letters, e-mail
or staff members) are the most obvious means by which an illegal serial meeting can occur. This
is not to say that a legislative body member is precluded from discussing items of local agency
business with another legislative body member outside of a meeting; as long as the
communication does not involve a majority of the legislative body, no "meeting" has occurred.
There is, however, always the risk that one participant in the conununication will disclose the
views of the other participant to a third or fourth legislative body member, creating the
possibility a collective concurrence will be achieved outside a public meeting. Therefore, we
recommend a cOWlcilmember (or commissioner) avoid discussing city business with a majority
of councilmembers (or commissioners), and that a councilmember (or commissioner) also avoid
communicating the views of other councilmembers (or commissioners) outside a meeting.
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We recognize that these suggested rules of conduct may seem unduly restrictive and
impractical, and may make acquisition of important information more difficult or time-
consuming. Nevertheless, following them will help assure that your conduct comports with the
Brown Act's goal of achieving open government. If you have questions about compliance with
the statute in any given situation, please ask us for advice.
VI. Notice and Agenda Requirements
A. Time of notice and content of agenda
In order to ensure that the public's business is conducted openly, the Brown Act requires
that legislative bodies publicly post agendas prior to their meetings (Sections 54954.2, 54955 and
54956), The time by which an agenda has to be posted in advance of a meeting, and the content
ofthe agenda, depends on whether the meeting is "regular," "special," or "emergency."
Legislative bodies, except advisory committees and standing committees, are required to
establish a time and place for holding regular meetings (Section 54954(a)). A "regular" meeting
is a meeting that occurs on the legislative body's established meeting day. Agendas for a
regular meeting must be publicly posted 72 hours in advance of the meeting (Section
54954.2(a)), and must contain a brief general description of each item of business to be
transacted or discussed (Section 54954.2(a)). The description need not exceed 20 words.
A "special" meeting is a meeting that is held at a time or place other than the time and
place established for regular meetings. For special meetings, the "call and notice" ofthe meeting
and the agenda (which are typically one and the same) must be posted at least 24 hours prior to
the meeting (Section 54956). Additionally, each member of the legislative body must personally
receive \vntten notice of the special meeting either by personal delivery or by "any other means"
(such as facsimile, e-mail or U.S. mail) at least 24 hours before the time of the special meeting,
unless they have previously waived receipt of written notice. Members of the press (including
radio and television stations) and other members of the public can also request written notice of
special meetings and, if they have, that notice must be given at the same time notice is provided
to members of the legislative body.
An "emergency" meeting may be called to address certain dire situations, such as a
terrorist act or crippling disaster, without complying with the 24.hour notice requirement for
special meetings. Certain requirements apply for notifying the press and for conducting closed
sessions as part of those meetings, and except as specified, all other rules governing special
meetings apply (Section 54956.5).
Both regular and special meetings may be adjourned to another time. Notices of
adjourned meetings must be posted on the door of the meeting chambers where the meeting
occurred within 24 hours after the meeting is adjourned (Section 54955). If the adjourned
meeting occurs more than five days after the prior meeting, a new agenda for that adjourned
meeting must be posted 72 hours in advance of the adjourned meeting (Section 54954.2(b)(3)).
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The Brown Act requires local agencies to mail the agenda or the full agenda packet to
any person making a written request no later than the time the agenda is posted or is delivered to
the members of the legislative body, whichever is earlier. A local agency may charge a fee to
recover its costs of copying and mailing. Any person may make a standing request to receive
these materials, in which event the request must be renewed annually. Failure by any requestor
to receive the agenda does not constitute grounds to invalidate any action taken at a meeting
(Section 54954.1).
B. Action on and discussion of Don-agenda items
The Brown Act also ensures the public's business is conducted openly by restricting
legislative bodies' ability to deviate from posted agendas. The statute affords legislative bodies
limited authority to act on or discuss non-agenda items at regular meetings, but forbids doing so
at special meetings.
As a general rule, a legislative body may not act on or discuss any item that does not
appear on the agenda posted for a regular meeting (Section 54954.2). This rule does not,
however, preclude a legislative body from acting on a non-agenda item if it detennines by a
majority vote that an emergency situation exists. For purposes of this exception, the tenn
"emergency situation" refers to work stoppages or crippling disasters that severely impair public
health, safety or both. The rule also does not preclude a legislative body from acting on a non-
agenda item that the body finds came to the local agency's attention subsequent to the agenda
posting and requires immediate action. In order to utilize this exception, the legislative body
must make these findings by a two-thirds vote of those present (by unanimous vote if less than
two-thirds of the body is present). This means that if four members of a five-member body are
present, three votes are required to add the item; if only three afe present, a unanimous vote is
required.
Legislative bodies may, notwithstanding the general rule set forth above. discuss non.
agenda items at a regular meeting pursuant to certain exceptions. These exceptions are as
follows:
Legislative body members or staff may briefly respond to statements made or
questions posed by persons during public comment periods;
Legislative body members or staff may ask a question for clarification, make a
brief announcement or make a brief report on their own activities;
Legislative body members may, subject to the procedural rules of the body,
provide a reference to staff or other resources for factual information;
. Legislative body members may, subject to the procedural rules of the body,
request staff to report back to the legislative body at a subsequent meeting
concerning any matter; and
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. Legislative body members may, subject to the procedural rules oftht body. take
action to direct staff to place a matter of business on a future agenda.
The legislative body may not discuss non-agenda items to any significant degree under
these exceptions. This means there should not be long or wide-ranging question and answer
sessions on non-agenda items between the legislative body and the public or benveen the
legislative body and staff. It is important 10 follow these exceptions carefully and construe them
narrowly to avoid tainting an important and complex action by a non-agendized discussion of the
item.
The Brown Act contains even more stringent regulations to restrict action on and
discussion of non-agenda items at special meetings. In particular. the statute mandates that only
business that is specified in the "call and notice" of the special meeting may be considered by the
legislative body (Section 54956). There are no exceptions to this rule.
VII. Public Participation
A. Regular meetings
The Brown Act requires that agendas for regular meetings allow for rn'o types of public
comment periods. The first is a general audience comment period, which is the part of the
meeting where the public can comment on any item of interest that is within the suhject matter
jurisdiction of the local agency. This general audience comment period may come at any time
during a meeting (Section 54954.3(a)).
The second type of public comment period for regular meetings is the specific comment
period pertaining to items on the agenda. The Brown Act requires a legislative body to allow
members of the public to comment on agenda items either before or during the body's
consideration of that item (Section 54954.3(a)).
Some local agencies accomplish both requirements by placing a general audience
(;Omment period at the beginning of the agenda where the public can comment on agenda and
non-agenda items. Others provide public comment periods as each item or group of items comes
up on the agenda, and then (eave the general public comment period to the end of the agenda.
Either method is permissible, though public comment on public hearing items must be taken
during the hearing. Caution should also be taken with consent calendars. A legislative body
should have a public comment period for consent calendar items before the body acts on the
consent calendar, unle~s it permils members of the audience to "pull" items from the calendar.
The Brown Act allows a legislative body to preclude public conunents on an agenda item
in one situation - when the item was considered by a committee, composed solely of members of
the body. that held a meeting where public comments on that item were allowed. So, if the
legislative body has standing committees (which are required to have agendized and open
meetings with an opportunity for the public to comment on agenda items) and the committee has
previously considered an item, then at the time the item comes before the full legislative body,
the body may choose not to take additional public comments on that item. However, if the
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version presented to the full legislative body is different from the version presented to and
considered by the committee, then the public must be given another opportunity to speak on that
item at the meeting of the full body (Section 54954.3(a)).
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B. Special meetings
The Brown Act requires that agendas for special meetings provide an opportunity for
members of the public to address the legislative body concerning any item listed on the agenda
before or during the body's consideration of that item (Section 54954.3(a)). Unlike regular
meetings, though, in a special meeting the legislative body does not have to allow public
comment on non-agenda matters.
c. Limitations on the length and content of public comments
A legislative body may adopt reasonable regulations limiting the total amount of time
allocated to each person for public testimony. For example, typical time limits restrict speakers
to three or five minutes. A legislative body may also adopt reasonable regulations limiting the
total amount of time allocated for public testimony on legislative matters, such as a zoning
ordinance or other regulatory ordinance (Section 54954.3(b)). However, we do not recommend
setting total time limits per item for any quasi-judicial matter, such as a conditional use pennit
application, because such a restriction could result in a violation of the due process rights of
those who were not able to speak to the body during the time allotted.
The Brown Act precludes a legislative body from prohibiting public criticism of the
policies, procedures, programs, or services of the local agency or the acts or omissions of the
body (Section 54954.3(c)). This does not mean that a member of the public may say anything.
If the topic is not within the subject matter jurisdiction of the local agency, then the member of
the public can be cut off.
A legislative body also may adopt reasonable rules of decorum that preclude a speaker
from disrupting, disturbing or otherwise impeding the orderly conduct of its meetings (Section
54954.3(b)). The right to publicly criticize a public ofliciat does not include the right to slander
that official, though the line benveen criticism and slander is often difficult to detennine in the
heat of the moment. Care must be given to avoid violating the free speech rights of speakers by
suppressing opinions relevant to the business of the legislative body.
Finally, in some circwnstances, the use of profanity may be a basis for stopping a
speaker. It \vill depend, ho\vever, upon \\lhat profane words or conunents are made and the
context of those comments. Therefore, no one should be ruled out of order for profanity unless
the language both is truly objectionable and causes a disturbance or disruption in the proceeding.
D. Additional rights of the public
The Brown Act grants the public the right to videotape or broadcast a public meeting, as
well as the right to make a motion picture or still camera record of such meeting (Section
54953.5(a)). A legislative body may prohibit or limit recording of a meeting, however, if the
body finds that the recording Calliot continue without noise, illumination or view obstruction that
constitutes, or would constitute, a persistent disruption of the proceedings (Section 54953.6)).
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Any audio or video tape record of an open and public meeting that is made, for whatever
purpose, by or at the direction of the local agency is a public record and is subject to inspection
by the public consistent with the requirements of the Public Records Act (Section 54953.5(b)).
The local agency must not destroy the tape or film record for at least 30 days following the date
of the taping or recording. Inspection of the audiotape or videotape must be made available to
the public for free on equipment provided by the local agency.
The Brown Act requires written material distributed to a majority of the body by any
person to be provided to the public without delay. If the material is distributed during the
meeting and prepared by the local agency, it must be available for public inspection at the
meeting. If it is distributed during the meeting by a member of the public, it must be made
available for public inspection after the meeting (Section 54957.5). This role is inapplicable,
however, to attorney-client memoranda. The California Supreme Court affirmed the
confidentiality of such documents in the case of Roberts v. City of Palmdale, 5 CalAth 363
(1993), which was litigated by our firm.
One problem in applying this rule arises when v>'litlen materials are distributed directly to
a majority of the legislative body without knowledge of staff, or even without the legislative
body members knowing that a majority has received it. The law still requires these materials to
be treated as public records. Thus, it is a good idea for at least one member of the legislative
body to ensure that staff gets a copy of any document distributed to members of the legislative
body so that copies can be made for the local agency's records and for members of the public
who request a copy.
VIII. Closed Sessions
The Brown Act allows a legislative body to convene a "closed session" during a meeting
in order to meet privately with its advisors on specifically enumerated topics. Sometimes people
refer to closed sessions as "executive sessions," which is a holdover tenn from the statute's early
days. Examples of business that may be discussed in closed session include personnel
evaluations, threats to public safety. labor negotiations, pending litigation, confidential final draft
audit reports by the Bureau of State Audits, real estate negotiations, and specific pension fund
investments (Sections 54956.75, 54956.8, 54956.81. 54956.9, 54957 and 54957.6). Potitical
sensitivity of an item is not a lawful reason for a closed session discussion.
The Brown Act requires that closed session business be described on the public agenda.
And, there is a "bonus" of sorts for using prescribed language to describe closed sessions in that
legal challenges to the adequacy of the description are precluded (Section 54954.5). This 50-
called "safe harbor" encourages many local agencies to use a very similar agenda format. Tape
recording of closed sessions is not required unless a court orders such taping after finding a
closed session violation (Section 54960).
Closed sessions may be started in a location different from the usual meeting place as
long as the location is noted on the agenda and the public can be present when the meeting first
begins. Moreover, public comment on closed session items must be allowed before convening
the closed session.
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After a closed session, the legislative body must reconvene the public meeting and
publicly report certain types of actions if they were taken, and the vote on those actions (Section
54957.1). There are limited exceptions for specified litigation decisions, and to protect the
victims of sexual misconduct or child abuse. Contracts, settlement agreements or other
documents that are fina1ty approved or adopted in closed session must be provided at the time the
closed session ends to any person who has made a standing request for all documentation in
connection with a request for notice of meetings (typically members of the media) and to any
person who makes a request within 24 hours of the posting of the agenda, if the requestor is
present when the closed session ends (Section 54957.1).
One perelUlial area of confusion is whether a legislative body may discuss salary and
benefits of an individual employee (such as a city manager) as part of a performance evaluation
session under Section 54957. It may not. However, the body may designate a negotiator to
negotiate with that employee and meet with its negotiator in closed session under Section
54957.6 to provide directions. The employee in question may not be present in such a closed
sessIOn.
The Brown Act prohibits any person ITom disclosing confidential information obtained
during a closed session, unless the legislative body authorizes the disclosure. Violations can be
addressed through injunctions, disciplinary action, and referral to the grand jury (Section 54963).
IX. Enforcement
There are both civil remedies and criminal misdemeanor penalties for BrO\\l1 Act
violations. The civil remedies include injunctions against further violations, orders nullifying any
unlawful action, orders detennining the validity of any rule to penalize or discourage the
expression of a member of the legislative body, and remedies for breaching closed session
confidences. (Sections 54960. 54960.1 and 54963).
Prior to filing suit to challenge an alleged Brown Act violation, the complaining party
must make a written demand on the legislative body to cure or correct the alleged violation. The
written demand must be made within 90 days after the challenged action was taken. Ho\vever, if
the challenged action was taken in open session and involves a violation of the agenda
requirements of Section 54954.2, then the written demand must be made within 30 days. The
legislative body is required to cure or correct the challenged action and inform the party who
filed the demand of its correcting actions, or its decision not to cure or correct, within 3D days. A
suit must be filed by the complaining party within 15 days after receipt of the written notice from
the legislative body, or if there is no written response, within 15 days after the 3D-day cure
period expires.
A member of a legislative body will not be criminally liable for a violation of the Brown
Act unless the member intends to deprive the public of information to which the member knows
or has reason to know the public is entitled to under the statute (Section 54959). This standard
became effective in 1994 and is a different standard from most criminal standards. Until it is
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applied and interpreted by a court, it is not clear what type of evidence will be necessary to
prosecute a Brown Act violation.
Conclusion
The Brown Act can be confusing, and compliance with it can be difficult, due to the
statute's many rules and ambiguities. In the event that you have any questions regarding any
provision of the law, please ask us for advice.
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SUMMARY OF THE MAJOR PROVISIONS AND REQUIREMENTS OF
THE PRINCIPAL CONFLICT OF INTEREST LAWS
JANUARY 2006
Conflict of interest laws regulate public officials' decision-making, as well as their
receipt of gifts, honoraria and loans. This paper briefly summarizes and discusses the major
provisions and requirements of the principal conflict of interest laws.
I. Laws Regulating Decision-making
A. Political Reform Act of 1974
The Political Reform Act of 1974 ("PRA") is the principal law in California governing
conflicts of interest for public officials. The PRA was enacted by initiative measure to ensure,
among other things, that public officials abstain from decisions in which they have a conflict of
interest and is codified in the Government Code at Section 81000 et seq. The Fair Political
Practices Commission ("FPPC") has interpreted the PRA in a series of regulations found in Title
2 of the California Code of Regulations at Section 18110 et seqY
The PRA prohibits public officials (including city councilmembers and conunissioners)
from making, participating in the making, or in any way attempting to use their official position
to influence a decision in which they know or have reason to know they have a financial interest
(Section 87100). The FPPC has promulgated an eight-step test for determining when
disqualification is required by this prohibition.
For purposes of the PRA, a public official has a conflict of interest if the particular
decision will have a reasonably foreseeable material financial effect on certain enumerated
economic interests, unless that effect is indistinguishable from the effect on the public generally.
Those financial interests are:
"(a) Any business entity in which the public official has a direct or indirect
investment worth two thousand dollars ($2,000) or more.
(b) Any real property in which the public official has a direct or indirect
interest worth two thousand dollars ($2,000) or more.
(c) Any source of income, except gifts or loans by a commercial lending institution in
the regular course of business on terms available to the public without regard to
official status, aggregating five hundred dollars ($500) or more in value provided
1/ In this paper, citations to the Government Code are made in the following fonnat: "Section
_." Citations to the FPPC's regulations are made in the following format: "Regulation
Section "
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or promised to, received by the public official within 12 months prior to the time
when the decision is made.
(d) Any business entity in which the public official is a director, officer. partner,
trustee, employee, or holds any position of management.
(e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts
aggregating three hundred sixty dollars ($360) or more in value provided
to, received by, or promised to the public official within 12 months prior
to the time when the decision is made. . .." [The dollar amount in this
paragraph (e) is adjusted biarmually using the California Consumer Price
Index] (Section 87103).
A conflict of interest is disqualifying if the public official's participation is not legally required
(Regnlation Section 18700).
The regulations of the FPPC provide interpretation and guidance for most of the terms
used in the PRA as well as standards for determining if each element of the PRA's prohibitions
has been satisfied. Some of the most significant regulations address standards for determining if
a decision has a material financial effect on a business entity (Regulation Section 18705.1) or on
various types of interests in real property (Regulation Section 18705.2). These regulations have
been recently revised and a summary is provided below?
1. Decisions affecting business entities
There are a number of economic interests that may result in a conflict of interest for a
public official. For example, a public official has an economic interest in any business entity in
which either (i) the official has a direct or indirect investment worth two thousand dollars
($2,000) or more; or (ii) the official is a director, officer, partner, trustee, employee or holds a
management position (Regulation Section 18703.1),
In order to determine whether a decision ,....i11 have a material financial effect on a public
official's economic interests, it is necessary to evaluate whether those interests are directly or
indirectly involved in the decision. A business entity interest is deemed directly involved if it
initiates, is a named party in, or is the subject of, the proceeding (Regulation Section 18704.1).
The financial effect of a decision on a directly involved business entity interest is presumed to be
matet1al unless the official's only economic interest is an investment \....orth $25,000 or less.
When the interest of a business entity is indirectly involved, the materiality of a [mancial effect
hinges on the size of the entity and the decision's impact on the entity's gross revenue, expenses,
assets and liabilities (Regutation Sections 18704.1 and 18705.1).
2 / Since 1998, the Fair Political Practices Commission has been engaged in a thorough review
of the regulations pertaining to conflicts of interest. As other changes occur, we will provide
further written advice.
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For large "FortlUle 500" business entities, a decision will be found to materially affect the
business entity if the decision will affect the gross revenues, expenses, assets or liabilities by
$10,000,000 or more in a fiscal year or result in an increase or decrease in expenses by
$2.500,000 or more in a fiscat year (Regulation Section 18705.1(c)(I)). Lower thresholds apply
for companies that are listed or meet the criteria for listing on the New York Stock Exchange or
the NASDAQ!AMEX (Regulation Section 18705.1(c)(2) and (3)).
For small companies that are not listed on the Fortune 500, New York Stock Exchange or
the NASDAQ! AMEX or do not meet the criteria for listing on the New York Stock Exchange or
the NASDAQ!AMEX. the decision is regarded as materially affecting the company if the
decision will result in an increase or decrease in gross revenues for a fiscal year of $20,000 or
more, or increase or reduce expenses by $5,000 or more in a fiscal year, or result in an increase
or decrease in the value of its assets or liabilities by $20,000 or more (Regulation Section
18705.1(c)( 4)).
Certain other standards apply if the source of income is a non-profit entity (Regulation
Section I 8705.3(b)(2) or an individual (Regulation Section 18705.3(b)(3)).
Lastly, if the public official receives or is promised to receive income to achieve a goal or
purpose that would be achieved, defeated, aided, or hindered by the decision, then any
reasonably foreseeable effect of the decision on that person (including a business entity) that is a
source of income or promised source of income to the public official is deemed material
(Regulation Section 18705.3(c)), This is the so-called "nexus" test and is likely to apply in
situations where the public official is employed by a business entity where the job description
involves accomplishing goals that would be achieved by the public official's decision.
2. Decisions affecting real property
The FPPC revised its regulations governing conflicts of interest due to a real property
interest a few years ago (Regulation Sections 18704.2 and 18705.2). As with business interests,
whether decision will have a material effect on a real property interest depends upon whether the
real property interest is directly or indirectly involved in the decision. A real property interest is
deemed directly involved if it is the subject of the decision. The financial effect of a decision on
a directly involved real property interest is presumed to be material, without regard to the effect
of the decision on the value of the real prope11y. However, the presumption may be rebutted by
proof that it is not reasonably foreseeable the decision will have any financial effect on the
property.
When a real property interest is indirectly involved, there are three standards for
determining whether the financial effect on the official's interest is material.
First, if a decision involves construction of, or improvements to, streets, water, sewer.
storm drainage or similar facilities, and the official's real property will receive a new or
substantially improved service, the decision is regarded as having a material financial effect on
the official's property.
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Second, if the official's property is within 500 feet of the boundaries of the property
subject to the decision, the decision is presumed to have a material financial effect on the
official's property. nus presumption may be rebutted, by proof that specific circumstances
make it reasonably foreseeable that the decision will have no financial effect at all on the
official's real property interest.
Third, if the official's real property is located outside a radius ofSOO feet, the official's
real property is considered to be indirectly involved and the decision is presumed to have no
material financial effect on the official's property. This presumption may also be rebutted,
however, by proof that specific circumstances make it reasonably foreseeable that the decision
will have a material financial effect on the property. Such circumstances include situations
where the decision affects: (i) the development potential or income producing potential of the
official's real property; (ii) the use of the official's real property; (iii) the character of the
neighborhood including, but not limited to, substantial effects on traffic, view, privacy, intensity
of use, noise levels, air emission or similar traits of the neighborhood (Regulation Section
18705.2).
lithe official's interest in real property is a leasehold interest (a leasehold of more than
one month or a leasehold that is more than a month-to-month lease), then a decision that does not
directly affect that property would have to substantially affect the use, enjoyment or term of the
lease or affect the rent by five percent (5%) during any 12-month period, before the official
would have a conflict of interest. If the property to which the leasehold interest applies is
directly involved in the decision, the effect on the leasehold interest is presumed to be material
unless there is proof that the decision will have no financial effect on the leasehold interest, or
the leasehold is a month-te-month lease or shorter. (Regulation Sections 18233, 18705.2).
3. Decisions affecting prospective employers
On January 1, 2004, an amendment to the PRA went into effect, which prohibits all
public officials from making, participating in making, or using their official positions to
influence, any governmental decision directly relating to or likely to financially impact a
prospective employer. Gov't Code S 87407. Accordingly, in the event a councilmember is
engaged in negotiations with a prospective employer, or has a preexisting arrangement for future
work for an employer, and that employer then seeks a penmt or other approval from the City, the
Councilmember should abstain from any participation in that decision. Where a Coul1cilmember
has rejected an offer of employment, or been rejected by an employer, abstention is not required
(Regulation Section t8747).
4. The "public generally" exception
Once it is detennined that it is reasonably foreseeable that a decision will have a material
financial effect on a public official's economic interest, it is necessary to evaluate whether an
exception to the disqualification requirement is applicable. One exception is that disqualification
is not required when the offidal's economic interest will be affected in substantially the same
manner as a significant segment of the public (Regulation Section 18707). This exception is
known as the "public generally" exception and provides that even if the decision will have a
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reasonably foreseeable material financial effect on the official's financial interest,
disqualification is required only if the effect on the public official is distinguishable from the
effect on the financial interests of the public generally or a significant segment of that public.
The "public generally" is comprised of the entire jurisdiction of the city (In re Legan, 9 FPPC
Op', t (1985)).
Pursuant to Regulation Section 18707.1, if the official's financial interest is the official's
personal expenses, income, assets or liabilities, a governmental decision will affect a significant
segment of the public if the decision will affect ten percent or more of the city's population or
5,000 individuals who are residents of the city. If the official's financial interest is real property,
a governmental decision will affect a significant segment of the public if the decision will affect
ten percent or more of the city's property owners or homeowners or 5,000 property owners or
homeowners of the city. Lastly, if the official's financial interest is a business entity, a
governmental decision will affect a significant segment of the public if the decision will affect
2,000 or twenty-five percent of all businesses in the city. Certain additional rules apply if the
city has a population of less than 25,000 (Regulation Section 18707.3) or if the decision affects a
predominant industry, trade or profession in the city (Section 18707.7).
Another exception is that disqualification is not required when the official's participation
is legally required (Regulation Section 18708). This "rule of legally required participation"
addresses the situation where there is no quorum due to a conflict of interest disqualification (as
opposed to a decision maker's absence or abstention), and it cannot be used to break a tie. This
exception may be invoked under very limited circumstances.
5. Rules for abstention
The PRA was amended. effective January 1, 2003, to establish specific rules of procedure
when a public official has a conflict of interest and is required to abstain from the decision.
Immediately prior to the consideration of the matter, the official is to: (i) identify the financial
interest that gives rise to the conflict in detail sufficient to be understood by the public except
that disclosure of the exact street address of a residence is not required; (ii) publicly state his or
her recusal from the matter; and (iii) leave the room until after the disposition of the matter
unless the matter appears on a consent calendar or other similar portion of an agenda for
uncontested matters (Section 87105. Regulation Section 18702.5).
The new law allows the public official to comment on the item as a member of the public
during the public comment period. However, other provisions of the contlict of interest laws
limit the ability of a disqualified official to speak as a member of the public on the item.
Specifically, the public official may speak as a member of the general public solely to represent
himself or herself on a matter that is related to his or her "personal interests." A "personal
interest" includes an interest in real property or a business entity that is wholly o\vned by the
official or his or her immediate family (Regulation Section 18702.4). If a public official wishes
to speak on a matter related to his or her "personal interests," the official may wish to observe
the comments of other speakers via closed-circuit television, so that he or she may effectively
rehut anything those speakers discuss.
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B. Government Code Section] 090
Government Section 1090 provides in relevant part:
"Members of the Legislature, state, county, district, judicial district, and city
officers or employees shan not be financially interested in any contract made by
them in their official capacity, or by any body or board of which they are
members. . . ."
The prohibition contained in Section 1090 is intended to preclude a public official from
using his or her official position as a government officer or employee to obtain business or
fmancial advantage. The purpose of the prohibition is to remove the possibility of any personal
influence that might bear on an official's decision-making activities with respect to contracts
executed by the governmental entity.
The prohibition contained in Section 1090 involves three principal components: (1) the
person subject to the prohibition must be regarded as an officer or employee of one of the types
of governmental entities listed; (2) the public officer or employee must be financially interested
in the contract; and (3) the contract must be made by either (i) the public official in his or her
official capacity; or (ii) the body or board of which the official is a member.
Section 1090 is unlike the PRA (discussed in Sub-Part A above) and the common law
doctrine against conflicts of interest (discussed in Sub-Part C below). Those laws obligate the
public official with the conflict of interest to abstain from participation in the decision, but
otherwise allow the decision to go forward. By contrast. Section 1090 prevents a municipality
from entering into a contract in which one of its officers or employees has a financial interest
unless certain exceptions apply.
Over the years, the courts have broadly interpreted the key provisions of Section 1090.
For example, the California Supreme Court has ruled that the term "financially interested"
include" any direct interest, such as that involved when a public official enters directly into a
contract with the body of which he is a member (17:ompson v. Call, 38 Ca1.3d 633 (1985)). The
California Court of Appeal has interpreted "financially interested" as including indirect financial
interests in a contract where, for example, a public official would gain something financially by
the making of the contract (Fraser-famor Agency, Inc. v. County of Del Norte, 68 Ca1.AppJd
201 (1977)). Additionally, the California Court of Appeal has construed the tenn "made" as
encompassing such elements in the making of a contract as preliminary discussions, negotiations,
compromises, reasoning, planning, drawing of plans or specifications and solicitation for bids
{Mi/brae Association for Residential Survival v. City of Milbrae, 262 Cal.App.2d 222 (1968);
City Council v. McKinley. 80 Cat.AppJd 204 (1978)).
There are two categories of exceptions to Section 1090. The first, encompassing what are
commonly referred to as "remote interests," is set forth in Section 1091. If an official has only a
remote interest in a contract, then a municipality may enter into the contract as long as the
official abstains from participating in any way in the decision. The second category of
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exceptions is found in Section 1091.5. These exceptions are called "non.interests" and are
excluded from the scope of Section 1 090 altogether.
The penalties for violating Section 1 090 are very severe. In particular, the contract will
be deemed void (Section 1 092), and the public official with the financial interest in the contract
may be subject to civil and criminal penalties and may be fined and forever barred from holding
public office (Section 1 097).
C. Common law doctrine against conflicts of interest
The common law doctrine against conflicts of interest constitutes the courts' expression
of the public policy against public officials using their official positions for their private benefit
(Terry v. Bender, t43 Cat.App.2d 198 (1956)). This doctrine provides an independent basis
from the PRA for requiring public officials and employees to abstain from participating in
discussions or decisions involving matters in which they have a financial interest. Violation of
the doctrine can amount to official misconduct and can result in loss of office (Nussbaum v.
Weeks, 214 Cat.App.3d 1589 (1989)).
By virtue of holding public office, an elected official "is impliedly bound to exercise the
powers conferred on him with disinterested skill, zeal, and diligence and primarily for the benefit
of the public." (Noble v. City of Polo Alto, 89 Cat.App. 47, 51 (1928)). An elected official bears
a fiduciary duty to exercise the powers of office for the benefit of the public and is not permitted
to use those powers for the benefit of a private interest (Jd.; see also Nussbaum v. Weeks,
214 Cal.App.3d 1589, 1597-98 (1989)).
The common law doctrine against conflicts of interest has been primarily applied to
require a public official to abstain from participation in cases where the official's private
financial interest may conflict with his or her official duties (64 Ops.Cal.Atty.Gen. 795, 797
(1981)). However, the doctrine also applies when specific circumstances preclude a public
official from being a disinterested, W1biased decision maker for a quasi-judicial matter. In one
case, a councilmember who voted to deny permits for a condominium project was deemed to
have a common law conflict of interest due to his interest in preserving his ocean view and his
personat animosity toward the applicants (Clark v. City of Hermosa Beach, 48 Cal.AppAth 1152
(1996)). However, courts are reluctant to find a common law conflict of interest except in
particularly egregious circumstances (Breakzone Billiards 1'. City of Torrance, 81 Cal.App.4th
1205. 1233 (2000)).
II. Laws Regulating Receipt of Political Contributions, Gifts, Honoraria and Loans
The PRA provisions and other conflict of interest laws discussed above do not prohibit a
public official from having an interest in a business or real property. Instead, they merely limit
the official's ability to participate in a decision that would materially affect those interests.
There are additional restrictions in the PRA, however, with regard to certain gifts,
honoraria and loans. The statute precludes local officials (including city councilmembers and
planning commissioners) from receiving certain gifts, honoraria and loans. These prohibitions
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apply whether or not the source of the gift, honorarium or loan is, or will ever be, affected by a
decision of the official's agency. This Part outlines these prohibitions.
A. Conflicts arising from political contributions
Campaign contributions do not constitute a gift within the meaning of the PRA.
Campaign contributions also are not considered "income" for purposes of the statute.
[Government Code Section 82030(b)(1).] For this reason, receipt of a campaign contribution
does not create a conflict of interest that disqualifies a Council Member from voting on a City
Council decision involving the contributor. [Woodland Hills Residents Assn., Inc. v. City
Council, 26 CaUd 938 (1980); Breakzone Billiards v. City of Torrance, 81 Cal.App.4th 1205
(2000).)
In other words, City Council Members acting in their capacity as elected City Council
Members are not prohibited from acting on a matter which involves someone who has given
them a political contribution. Council Members act in their elected capacity as members of the
City Council, Board of Library Commissioners, or the Financing Authority.
Receipt of a campaign contribution can, however, disqualify a Council Member from a
non-City Council decision involving the contributor. Under the "Levine Act" (Government
Code Section 84308), when a Council Member is appointed to another board, a political
contribution may disqualify the member from acting on the matter. A Council Member acting on
behalf of an agency other than the City must abstain from a license, pennit or other use
entitlement decision involving an applicant, proponent or opponent who has made a campaign
contribution in excess of $250 within the preceding 12 months. The fact of the campaign
contribution must be disclosed prior to the abstention. This disqualification is inapplicable if the
campaign contribution is returned within 30 days ofreceipt. [Section 84308.]
COWlcil Members do not act in their elected capacity when they serve, for example, on
the Orange County Fire Authority Board, San Joaquin Hills Transportation Authority, Foothill~
Eastern Transportation Authority, or El Taro Reuse Planning Authority.
B. Limitations on rrceipt of gifts
1. General Gift Limitation - Govenunent Code Section 89503 (a) provides:
"No elected state officer, elected officer of a local government agency, or
other individual specified in Section 87200 shall accept gifts from any
single source in any calendar vear with a total value of more than [$360]."
(Emphasis added).
(Section 89503(a); Regulation Section 18703.4.) Officials listed in Section 87200, in turn,
include mayors, city councilmembers, planning commissioners, city managers, city attorneys,
city treasurers, and candidates for any of these offices.
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A similar limitation prohibits a city employee designated in a conflict of interest code
from accepting gifts from a single source totaling more than $360 in value in any calendar year,
if the gifts would be required to be reported on his or her statement of economic interests
(Section 89503(c); Regulation Section 18703.4).
2. Biennial Gift Limit Adjustment - The PRA authorizes the FPPC to make
an inflationary adjustment of the limitations set forth in Section 89503 every two years (Section
89503(f)). The most recent adjustment became effective on January 1, 2005, and the gift
limitation is now $360, This figure will be further adjusted in future odd-numbered years,
3. Exceptions to Gifts and Gift Limitations - None of the following is a gift
and none is subject to any limitation on gifts (Regulation Section 18942):
a. Informational Materials - such as books, calendars, videotapes,
and free or discounted admission to educational conferences that are provided to assist the
official in the perfonnance of official duties.
b. Returned Gifts - a gift that is not used and that, within 30 days
after receipt, is returned or donated pursuant to Regulation Section 18943, or for which
reimbursement is paid pursuant to Regulation Section 18943.
c, Family Gifts - a gift from an individual's spouse, child, parent,
grandparent, grandchild, brother, sister, parent-in~law, hrother-in-law, sister-in-lav,r, nephew,
niece, aWlt, uncle, or first cousin or the spouse of any such person, Wlless the donor is acting as
an agent or intermediary for any other person.
d. Campaign Contributions - Discussed in section "A." Please note,
however, campaign contributions are required to be reported.
e. Inherited ft-Ioney or Property - any devise or inheritance.
f. Awards - a personalized plaque or trophy with an individual value
ofless than two hundred fifty dollars ($250).
g. Home Hospitality - hospitality (including food, beverages, or
occasional lodging) provided to an official by an individual in his or her home when the
individual or a member of the individual's family is present.
h. Presents on Personal or FamilJ.' Occasions - presents exchanged
between an official and an individual, other than a lobbyist, on holidays, birthdays, or similar
occasions provided that the presents exchanged are not substantially disproportionate in value.
1. Admission and Incidentals at Speaking Events - free admission,
and refreshments and similar non-cash nominal benefits provided to an official during the entire
event at which the official gives a speech, participates in a panel or seminar, or provides a similar
service, and actual intrastate transportation and any ne.cessary lodging and subsistence provided
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directly in connection with the speech, panel, seminar, or service, including but not limited to
meals and beverages on the day of the activity. These items are not payments and need not be
reported by any official.
j. Campaign Travel - the transportation, lodging, and subsistence
provided in direct connection with campaign activities, including attendance at political
fundraisers.
4. Gifts to Your Family - Regulation Section 18944 provides (in summary):
a. Gifts given directly to members of an official's immediate family
are not gifts to the official unless used or disposed of by the official or given by the recipient
member of the official's immediate family to the official for disposition or use at the official's
discretion.
b. Gifts delivered by mail or other written communication are given
directly to members of the official's immediate family if the family members' names or familial
designations (such as "spouse") appear in the address on the envelope or in the communication
tendering or offering the gift, and the gift is intended for their use or enjoyment.
c. A gift given to the official, but designated for the official and
spouse or family, is a gift to the official if the official exercises discretion and control over who
will actually use the gift.
d. If the official enjoys direct benefit from a single gift, as well as
members of the official's family, the full value of the gift is attributable to the official.
5. Tickets to Political and Charitable Fundraisers - Regulation Section
18946.4 provides (in summary):
a. Nonprofit Fundraiser - Except as provided in subdivision (b), a
ticket to a fund-raising event for a nonprofit, tax-exempt organization (that is not a political
campaign committee) shall be valued as follows:
(1) Where the event is a fund-raising event for a nonprofit
organization, and the ticket clearly states that a portion of the ticket price is a donation to the
organization, then the value of the gift is the face value of the ticket or admission reduced by the
amount of the donation.
(2) If the ticket has no stated price or no stated donation
portion, the value of the gift is the fair market value of any food, beverage, or other tangible
benefits provided to each attendee.
b. Fundraiser for a religious, charitable, scientific, literary or
educational organization - Where the event is a fund-raising event for an organization exempt
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from taxation under Internal Revenue Code Section 501(c)(3), the ticket or other admission
privilege has no value.
c. Political Fundraiser - Where the event is a fund-raising event for
a campaign committee or candidate, the ticket or other admission privilege has no value.
6. Prizes and Awards from Competitions - Regulation Section 18946.5
provides (in summary):
A prize or an award received shall be reported as a gift unless the prize or award is
received in a bona fide competition not related to the recipient's status as an official or candidate.
A prize or award that is not reported as a gift shall be reported as income.
7. Certain Gifts of Travel Exempt from Gift Limitations
a. Travel In Connection With Speeches, Panels, and Seminars - a
payment made for travel, including actual transportation and related lodging and subsistence, is
not subject to the prohibitions or limitations on honoraria and gifts if:
(1) The travel is reasonably related to a legislative or
governmental purpose, or to an issue of state, national, or international public policy, and
(2) The travel, including actual transportation and related
lodging and subsistence, is in connection with a speech given by the official or candidate; the
lodging and subsistence expenses are limited to the day immediately preceding, the day of, and
the day immediately following the speech; and the travel is within the United States.
b. Travel Provided by Governmental Entity or Charity - A payment
made for travel, including actual transportation and related lodging and subsistence, is not
subject to the prohibitions or limitations on honoraria and gifts if:
(1) The travel is reasonably related to a legislative or
governmental purpose, or to an issue of state, national, or international public policy; and
(2) The payment is provided by a government, a governmental
agency, a foreign govenunent, a govenunental authority, a bona fide public or private
educational institution, defined in California Revenue and Taxation Code Section 203, or by a
nonprofit charitable or religious organization that is exempt from taxation under Internal
Revenue Code Section 501(c)(3), or by a person that is domiciled outside the United States and
that substantially satisfies the requirements for tax exempt status under Internal Revenue Code
Section 501(c)(3).
c. Travel Paid From Campaign Funds - A payment made for
transportation and necessary lodging and subsistence, which payment is made from campaign
funds as pennitted by Section 89513, or which is a contribution, is not an honorarium or a gift.
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d. Travel Provided By Official's Agency - A payment made for
transportation and necessary lodging and subsistence, which payment is made by the agency of
an official, is not an honorarium or a gift.
e. Travel In Connection With Bona Fide Business - A payment
made for transportation, lodging, and subsistence, which payment is reasonably necessary in
connection with a bona fide business trade, or profession, and which satisfies the criteria for
federal income tax deductions for business expenses specified in Internal Revenue Code
Sections 162 and 274, is not an honorarium or gift unless the sole or predominant activity of the
business, trade or profession is making speeches.
C. Prohibitions on receipt of honoraria
1. Basic Prohibition - Section 89502 provides that no elected officer of a
local government agency nor any official listed in Section 87200 shall accept an honorarium.
2. Definition. An "honorarium" means any payment made in consideration
for any speech given, article published, or attendance at any public or private conference,
convention, meeting, social event, meal, or like gathering.
3. Summary of Exceptions to Prohibition 0" Honoraria
a. Earned Income Exception - "Honorarium" does not include
income earned for personal services if;
{l) The services art: provided in connection with an
individual's business or the individual's practice of or employment in a bona fide business, trade,
or profession, such as teaching, practicing law, medicine, insurance, real estate, banking, or
building contracting; and
(2)
the business, trade, or profession.
The services are customarily provided in connection ",'ilh
b. Informacion Materials - "Honorarium'. does not include
information materials such as books, calendars, videotapes, or free or discounted admission to
educational conferences that are provided to assist the official in the performance of official
duties.
c. Family Payments - "Honorarium" does not include a payment
received from one's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-la\v,
brother-in-law, sister-in-law, nephew, niece, aunt, uncle or first cousin or the spouse of any such
person. However, a payment from any such person is an honorarium if the donor is acting as an
agent or intermediary for any person not listed in this paragraph.
d.
required to be reported.
Campaign contributions - However, campaign contributions are
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e. Personalized Plaque or Trophy - Honorarium does not include a
personalized plaque or trophy with an individual value of less than two hundred and fifty dollars
($250).
f. Admission and lncidentals at Place of Speech. "Honorarium"
does not include free admission, refreshments and similar non-cash nominal benefits provided to
an official during the entire event at which the official gives a speech, participates in a panel or
seminar, or provides a similar service, and actual intrastate transportation and any necessary
lodging and subsistence provided directly in connection with the speech, panel, semmar, or
service, including but not limited to meals and beverages on the day of the activity.
g. lncidentals at Private Conference - "Honorarium" does not
include any of the following items, when provided to an individual who attends any public or
private conference, convention, meeting, social event, meal, or like gathering without providing
any substantive service:
(I) Benefits, other than cash, provided at the conference,
convention, meeting, social event. meal, or gathering.
(2) Free admission and food or beverages provided at the
conference, convention, meeting, social event, meal, or gathering.
h. Travel That Is Exempt From Gifts - Any payment made for
transportation, lodging and subsistence that is exempted by the gift exceptions.
D. Prohibitions OD receipt of certain i)'pes of loans
1. Prohibition 011 Loans Exceeding $250 from Other Cit}" Officials,
Emplo)'ees, Consultants and Contractors - Elected officials and other city officials specified in
Section 87200, including city cmmcilmembers, may not receive a personal loan that exceeds
$250 at any given time from an officer, employee, member or consultant oftheir city or any local
government agency over which their city exercises direction and control {Section 87460 (a) and
(b)). In addition, elected officials and other city officials specified in Section 87200 may not
receive a personal loan that exceeds $250 at any given time from any individual or entity that has
a contract with their city or any agency over which their city exercises direction and control
(Section 87460 (c) and (d)).
2. Requirement for Loans of $500 or JJ.fore from Other Persons and
Entities to be in Writing - Elected local officials may not receive a personal loan of $500 or
more unless the loan is made in v.Titing and clearly states that terms of the loan. The loan
document must include the names of the parties to the loan agreement, as well as the date,
amount, interest rate, and term of the loan. The loan document must also include the date or
dates when payments are due and the amount of the payments (Section 87461).
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3. Exceptions to Loan Limits and Documentation Requirements - The
following loans are not subject to the limits and documentation requirements specified in
subparts I and 2 above:
a. Loans received from banks or other financial institutions, and retail
or credit card transactions, made in the Donnal course of business on tenns available to members
of the public without regard to official status.
b. Loans received by an elected officer's or candidate's campaign
conunittee.
c. Loans received from the elected or appointed official's spouse,
child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in~law, sister-in-law,
nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person unless he or she is
acting as an agent or intennediary for another person not covered by this exemption.
d. Loans made, or offered in writing, prior to January 1, 1998.
4. Loans that Become Gifts Subject to the Gift Prohibition - Under the
following circumstances, a personal loan received by any public official (elected and other
officials specified in Section 87200, as well as any other local government official or employee
required to file a Statement of Economic Interest) may become a gift and subject to gift and
reporting limitations:
a. If the loan has a defined date or dates for repayment and has not
been repaid, the loan will become a gift when the statute of limitations for filing an action for
default has expired,
b. If the loan has no defined date or dates for repayment, the loan will
become a gift if it remains unpaid when one year has elapsed from the later of:
(I) the date the loan was made;
(2) the date the last payment of $1 00 or more was made on the
loan; or
(3) the date upon which the official has made payments
aggregating to less than $250 during the previous 12-month period.
s. Exceptions -- Loans that Do Not Become Gifts - The following loans will
not become gifts to an official:
a. A loan made to an elected officer's or candidate's campaign
committee.
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b. A loan on which the creditor has taken reasonable action to collect
the balance due.
c. A loan described above on which the creditor, based on reasonable
business considerations, has not undertaken collection action. (However, except in a criminal
action, the creditor has the burden of proving that the decision not to take collection action was
based on reasonable business considerations.)
d. A loan made to an official who has filed for bankruptcy and the
loan is ultimately discharged in bankruptcy.
e. A loan that would not be considered a gift as outlined in paragraph
3 above (e.g. loans from fanlily members) (Section 87462).
E. Other specialized conflict of interest laws
1. Incompatible Outside Activities (Government Code Section 1126 et seq.)
- California Government Code Section 1126 provides;
"(a) Except as provided in Sections 1128 and 1129, a local agency officer or
employee shall not engage in any employment, activity, or enterprise for
compensation which is inconsistent, incompatible, in conflict with, or inimical to
his or her duties as a local agency officer or employee or with the duties,
functions, or responsibilities of his or her appointing power or the agency by
whic.h he or she is employed. . . ."
The provisions of Section 1126 prohibit officials and employees of a local government
agency from engaging in outside employment or activities where any part of the employment or
activity will be subject to approval by any other officer, employee, board or connnission of lhe
local agency. Exceptions are created to permit a public official to engage in outside employment
by a private business (Section 1127), and to pennit an attorney employed by a local agency in a
non-elective position to serve on an appointed or elected governmental board of another agency
(Section I t2S).
However, the court in Ma::zola v. City and County of San Francisco, 112 Cal.App.3d ] 41
(I 980), ruled that Section 1126 provides only authorization to implement standards for
incompatibility pursuant to paragraph (b) of Section 1126. The court concluded that the
restrictions of Section 1126 are not self-executing because existing and future employees should
have notice that specific outside activities are or are not compatible with their duties as an officer
or employee of the local agency. Thus, Section 1126 would not bar a public official from
holding a position outside their public agency unless the public agency in which he or she serves
adopts an ordinance in compliance with the requirements of Section 1126 that specifies that the
two positions or activities are incompatible.
fn light of the court's decision in Mazzola, the Attorney General ruled that Section 1126
did not apply to any elected official, such as a city councilrnember, since elected officials do not
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86910:'.\
have an "appointing power" that can promulgate guidelines for their activities pursuant to
Section 1126. However, if a local agency adopts such guidelines, they can be made applicable to
officers and employees subordinate to the legislative body of the local agency, including
members of advisory boards and commissions.
2. Doctrine Against Incompatible Offices - The common law doctrine
against incompatibility of offices arose from a concern that the public interest would suffer
where one person holds two public offices that might possibly come into conflict. The California
Supreme Court set forth the following test for incompatibility of office in People ex re!.
Chapman v. Rapsey. 16 Cal.2d 636 (1940):
"Two offices are said to be incompatible when the holder cannot in every instance
discharge the duties of each. Incompatibility arises, therefore, from the nature of
the duties of the offices, when there is an inconsistency in the functions of the
two, where the functions of the two are inherently inconsistent or repugnant, as
where antagonism would result in the attempt by one person to discharge the
duties of both offices, or where the nature and duties of the two offices are such as
to render it improper from considerations of public policy for one person to retain
both." (16 Cal.2d at 641-642).
Incompatibility of offices is not measured only by conflicts that do exist, but also by
those conflicts that might arise (People ex rei. Chapman, 16 Cal.2d 636. 641-642 (1940); 66
Cal.Atty.Gen. 382. 384 (1983); 64 Ops.Cal.Atty.Gen. 288, 289 (1981)).
In order to determine whether two positions are in conflict, it is necessary to determine
first whether the positions are public offices. No statutory definition is given to the term "public
officer." However, in People ex rei. Chapman v. Rapsey. supra, the court stated:
"{A] public office is said to be the right, authority, and duty, created and
conferred by law~the tenure of which is not transient, occasional, or jncidental~by
which for a given period an individual is invested with power to perfonn a public
function for public benefit . . .
One of the prime requisites is that the office be created by the Constitution or
authorized by some statute. And it is essential that the incumbent be clothed with
a part of the sovereignty of the state to be exercised in the interest of the public."
(citation) (16 CaL2d al640).
Incompatibility can be triggered if the duties of the two offices "overlap so that their
exercise may require contradictory or inconsistent action, to the detriment ofthe public interest."
(People ex. reI. Bagshaw v. Thomson, 55 CaLApp.2d 147, 150 (1942)). Only one significant
clash of duties and loyalties is required to make offices incompatible (37 Ops. Cat. Atty. Gen.
21,22 (1961). The policy set forth in People ex reI. Chapman v. Rapsey includes prospective as
well as present clashes of duties and loyalties (63 Ops. CaL Atty. Gen. 623 (1980)).
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Disqualification of oneself from participating in those situations of potential conflict has
not been authorized as a remedy for incompatible offices. The general rule provides:
<<The existence of devices to avoid. .. [conflicts] neither changes the nature ofthe
potential conflicts nor provides assurances that they would be employed (38 Ops.
Ca/. Atty. Gen. 121, 125 (1961)). Accordingly, the ability to abstain when a
conflict arises will not excuse the incompatibility or obviate the effects of the
doctrine." (66 Gps. Cal. Atty. Gen. 176, 177 (1983)).
The effect of the doctrine of incompatibility of offices is that a public official who enters
upon the duties ofa second office must vacate the first office if the two are incompatible (People
ex rei Chapman v. Rapsey, 16 Cal.2d 636, 644 (1940)).
Government Code Section 1099, which codified the common law rule prohibiting an
individual from holding incompatible offices, provides that offices are incompatible when any of
the following circumstances are present, unless simultaneous holding of the particular offices is
compelled or expressly authorized by law:
a. Either of the offices may audit, ovenule, remove members of, dismiss
employees of, or exercise supervisory powers over the other office or body;
b. Based on the powers and jurisdiction of the offices, there is a possibility of
a significant clash of duties or loyalties between the offices;
c. Public policy considerations make it improper for one person to hold both
offices.
Government Code Section 1099 also provides that when two public offices are
incompatible, a public officer shall be deemed to have forfeited the first office upon acceding to
the second office.
3. Redevelopment Conflicts - Health and Safety Code Section 33130
requires any officer or employee of a city or redevelopment agency who is required to participate
in the formulation of, or to approve plans or policies for, the redevelopment of a project area, to
immediately disclose his or her ownership interest in any real property located within the
proposed project area. This requirement applies to members of a city council, a planning
commission and other officers and employees of a city or redevelopment agency. Failure to
make the disclosure constitutes misconduct in office.
Section 33130 also precludes any city or redevelopment agency official who is required
to participate in the formulation of, or to approve plans or policies for, the redevelopment of a
project area, from acquiring any interest in property located within the boundaries of the project
area. This means that redevelopment agency employees and persons elected to the city council
and serving as agency board members may not purchase property in the redevelopment agency's
project area. Also, if the redevelopment agency conunences the process to establish a new
project area, city and redevelopment agency employees and officials involved in redevelopment
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869105-1
decisions are precluded from acquiring any additional or new interests in property within that
new project area boundary.
As discussed below, there are three exceptions to the prohibition against acqumng
interests in property in a project area. Upon acquiring any interest under one of these exceptions,
disclosure of the interest is required.
The first exception allows an officer or employee to acquire an interest for the purpose of
participating as an owner or re-entering into business if that officer or employee has owned a
substantially equal interest to that being acquired for three years immediately preceding the
setection oflhe project area (Section 33130(b)).
The second exception allows an officer or employee to enter into a rental agreement or
lease of property for the purpose of the principal business, occupation, or profession of the
officer or employee. However, this exception is limited to rental agreements or leases that have
terms substantially equivalent to those offered the general public. Also the rental agreement or
lease may not allow the property to be sublet at a rate in excess of the rate in the original rental
agreement or tease (Section 33130(c)).
The third exception allows for the purchase or lease of property for personal residential
use, but only after the redevelopment agency has certified that all construction or improvements
to the property have been completed (Section 33130.5).
4. Discount Passes on Common Carriers (Califomia Constitution, Article
XII, Section 7) - Article XII, Section 7 of the California Constitution states:
"A transportation company may not grant free passes or discounts to anyone
holding in office in this state; and the acceptance of a pass or discount by a public
officer, other than a Public Utilities Commissioner, shall work a forfeiture of that
office. A Public Utilities Commissioner may not hold an official relation to nor
have a financial interest in a person or corporation subject to regulation by the
commission."
The Attorney General has explained this provision applies in the following Jllanner:
a. The prohibition applies to public officers, both elected and nOll-
elected, but not employees.
b. The prohibition applies to interstate and foreign carriers as well as
domestic carriers, and to transportation received outside California.
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c. The prohibition applies irrespective of whether the pass or discount
was provided in connection with personal or public business,
d, Violation of the prohibition is punishable by forfeiture of office.
There have only been a few decisions that address this Constitutional prohibition. In one
opinion, the Attorney General granted leave to sue two members of a city council who accepted
free airline tickets to London given by Laker Airlines as part of the airline's promotion of its new
Los Angeles to London service. Despite the fact that the councilmembers were unaware of the
prohibition, the Attorney General allowed a quo warranto suit that subsequently settled before
judgment (cited in 76 Op', Ca!. Atty. Gen. 1.3 (1993)).
In another opinion, the mayor of a city received an upgrade from a coach seat to a first
class seat on Hawaiian Airlines (76 Ops. Cal. Atty. Gen. 1 (1993)). There, the mayor's ticket
was one of20 first-class upgraded tickets that the airline was allowed to provide to "high profile,
prominent members of the community." At issue was whether that situation fit within an
exception to the constitutional prohibition for situations when the free transportation or discount
is provided to a public officer as a member of a larger group unrelated to tIle official's position.
The Attorney General ruled that the facts did not satisfy the exception and that a violation of the
prohibition had occurred.
The exception considered in that opinion stenuned out of a 1984 Opinion of the Attorney
General, which held that a public officer could accept first-class ticket upgrades by virtue of the
airline's policy to do so for all persons on their honeymoon. In 67 Ops. Cal. Atty. Gen. 81
(1984), the Attorney General concluded that a public officer, whose spouse \\fas a flight
attendant, could accept a free transportation pass or discount when such was offered to all
spouses of flight attendants without distinction to the official status of the recipient.
Consequently, if the pass or discOlmt is provided to the official because of his or her
position as a governmental official, the prohibition applies. If it is provided to the official as a
member of a larger group that is not related to the functions of his or her office. the prohibition
may not be applicable.
5. Prohibition Against Former Officials Lobbyingfor Compensation
Effective July 1, 2006, Government Code Section 87406.3(a) requires that a local elected
official or a city manager who held that position with a city shalt not, for a period of one year
after leaving that office or employment, act as an agent or attorney for, or othef\\'ise represent,
for compensation, any other person, by making any formal or infomlal appearance before or by
making any oral or written communication to that city or any present member, officer or
employee of that city if the appearance or communication is made for the purpose of influencing
an administrative or legislative action. This rule also applies if the appearance or communication
is made for the purpose of influencing any action or proceeding involving the issuance,
amendment, awarding, or revocation of a permit, license, grant or contract, or the sale or
purchase of goods or property.
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This prohibition against compensated lobbying does not apply to any individual who is,
at the time of the appearance or communication, a board member, officer, or employee of
another local government agency or an employee or representative of a public agency and is
appearing or communicating on behalf of that agency. Ca!. Gov'! Code ~ 87406.3(b)
Conclusion
More often than not, detennining the application of conflict of interest laws in particular
circumstances requires complicated analysis. Because the consequences for a violation of these
laws can be very serious, it is important that potential conflicts be identified as soon as possible
to ensure that the appropriate analysis can be perfonned. We encourage you to seek advice from
our office whenever you are in doubt about a conflict of interest issue.
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DEPARTMENTAL
REPORTS
ITEM NO. 20
Approvals
City Attorney
Director of Finance
City Manager
~
PJL
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Anthony Elmo, Director of Building and Safety
DATE:
April 25, 2006
SUBJECT:
Departmental Report - March 2006
PREPARED BY: Diane Ball, Administrative Assistant
The month of March 2006 showed a gain of construction activity as compared to previous months.
The following is an overview of permit and inspection activity for March.
Sinqle Family Development - Tracts
In March, the City issued 36 new single family home permits for a total square footage of 128,246.
These homes are primarily in Wolf Creek which currently has 174 homes under construction in
addition to 109 homes under construction in Harveston. There are a total of 434 single family homes
under construction throughout the City at the current time.
Custom Sinqle Family Homes
As of March, we have 25 custom homes under construction for a total of 126,048 square feet.
Multi-Family Development
Temecula Ridge is in the building process with 21 buildings. Temecula Creek has completed
most of their condo construction and have 9 buildings with 20 units each left to complete in the
second phase. Cape May Apartments in Harveston is constructing 270 units and should be
complete by July.
Commercial Development
There were 7 new commercial permits issued in March for a total valuation of $13,711 ,562. Plan
check activity included submittals for Rancho Temecula Town Center at 39584 Winchester Road,
Meadows Village at 31795 Rancho California Road, and Well's Fargo Bank at 32881 Highway 79
South.
Total Permit and Inspection Activity
During the month of March inspection staff performed 3,482 inspections and 375 permits were
issued representing a construction valuation of $24,722,675. The total building permit and plan
check fees collected in the month of March were $209,499.47.
ITEM NO. 21
Approvals
City Attorney
Director of Finance
City Manager
JM.r-
/JIZ ~
(]jJ~
r-
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
April2 5, 2006
SUBJECT:
Monthly Report
The following are the recent highlights for the Planning Division of the Community Development
Department for the month of March.
CURRENT PLANNING ACTIVITIES
New Cases
The Division received 88 new applications for administrative, other minor cases, and home
occupations including 8 applications for public hearings during the month of March. The new
public hearing cases are as follows:
MINOR CONDITIONAL USE PERMIT
DEVELOPMENT PLAN
MAJOR MODIFICATION
MINOR MODIFICATION
EXTENSION OF TIME
SIGN PROGRAM
2
1
2
1
1
1
Status of Maior Proiects
New Proiects
. Olive Garden - A Minor Conditional Use Permit for the sale of distilled spirits at a full service
restaurant located at 29025 Overland Drive. The application was submitted on March 6,
2006. Staff anticipates a May Planning Commission hearing for the project. (PA06-0059-
FISK)
. DCH Chrysler Jeep - A Major Modification to a Development Plan to add building square
footage under an existing canopy, to add a new parapet wall along the new building areas,
and to revise the exterior wall configuration for the service writer area of the building located
at 26799 Ynez Road. The application was submitted on March 16,2006 and is scheduled
for an April 11 , 2006 DRC meeting. (PA06-0079 - FISK)
. DCH Dodge - A Major Modification for the addition of 3,089 square feet of building area and
fayade improvements for an existing 27,101 square foot building located on the west side of
Ynez Road approximately 600 feet north of DLR Drive. The application was submitted on
March 30, 2006 and is scheduled for a May 18, 2006 DRC meeting. (PA06-0082 - LINTON)
. Beacon Auto Park - Sign Program to establish and implement for the Beacon Auto Park.
This project is located at 421 03 Rio Nedo. The application was submitted on March 1,2006.
A DRC letter will be sent to the applicant on April 13, 2006. (PA06-0057 - SCHUMA)
. Career Gateway College - A Minor Conditional Use Permit submitted March 22, 2006 to
conduct business at a professional school. This project is located at 43178 Business Park
Drive. A DRC is scheduled April 20, 2006. (PA06-0074 - SCHUMA)
. Roripaugh Ranch Specific Plan PA4B -An Extension ofTime application submitted March
23, 2006 for a previously approved Home Product Review for the construction of 113 single
family homes. This project is located within Planning Area 4B of the Roripaugh Ranch
Specific Plan. Staff is currently reviewing the application and anticipates scheduling the
project for the June 7, 2006 Planning Commission. (PA06-0079 - SCHUMA)
. Redhawk Specific Plan PA 13 - A Development Plan application submitted on March 8, 2006
for a multi-family residential project to construct 98 condominium units on 8.9 acres. The
project is located at the corner of Deer Hollow Way and Peach Tree Street. A DRC is
scheduled April 13, 2006. (PA06-0060 - SCHUMA)
. Mountain View Community Church - A Minor Modification submitted on March 9, 2006 to
add four modular buildings to an existing site at Mountain View Community Church (formerly
Hope Lutheran) located at 29385 Rancho California Road. DRC meeting was held on April
6,2006. Staff has drafted a comment letter. Staff is waiting for re-submittal of appropriate
revisions. (PA06-0062 - LECOMTE)
Recentlv Approved Proiects
. Schafer Building - A Major Modification application to an approved Development Plan to
change materials and add stucco to an approved building. The project is located at 41273
Margarita Road. This project was submitted October 5, 2005. The project was taken to the
February 1, 2006 Planning Commission and was continued to the March 1,2006 hearing.
This project was continued again to the March 15,2006 Planning Commission Hearing. The
project was approved at the March 15, 2006 Planning Commission Hearing. (PA05-029-
MCCOY)
. Jefferson Avenue Inn - An Application for an Extension of Time of an approved
Development Plan (PAOO-0507). PAOO-0507 is an approval for a three-story hotel building
located on Jefferson Avenue. This project was approved at the March 15, 2006 Planning
Commission Hearing. (PA05-0312 - MCCOY)
. Gupta Industrial Condo - A Tentative Parcel Map for condominium purposes to create five
industrial condominium units in an existing building. The project was submitted on October
31,2005. The building is located at 41636 Enterprise Circle North. A DRC letter was mailed
out on January 9,2006. Applicant resubmitted on March 8, 2006 and was approved at the
March 30, 2006 Director's Hearing. (PA05-0330 - MCCOY)
. Roripaugh Ranch PA4A EOT - An Extension of Time for a previously approved Home
Product Review (Development Plan - PA03-0347) for the construction of 100 single-family
homes located within Planning Area 4A of the Roripaugh Specific Plan. This project was
submitted on December 19, 2005. The project was approved by the Planning Commission
on March 15, 2006. (PA05-0391 - KITZEROW/PETERS)
. Roripaugh Ranch PA3 Extension of Time - An Extension of Time application for a previously
approved Home Product Review (Development Plan, PA03-0551 for Shea Homes) for the
construction of 99 single-family homes located within Planning Area 3 of the Roripaugh
Ranch Specific Plan. The application was submitted on January 23, 2006, and was
approved at the April 5, 2006. (PA06-0022 - SCHUMA)
. Temecula Lane -A Conditional Use permit, Development Plan and Vesting Tentative Tract
Map to construct 59, four-plex buildings totaling 236 units, 32 three-plex buildings totaling 96
units, and 96 single-family detached units on a 47.5 acre site, located atthe northeast corner
of Loma Linda Road and Temecula Lane. The project was submitted on August 8,2004. A
DRC meeting was held with the applicant on October 21, 2004. Plan revisions were
submitted on March 3, 2005. Staff provided revision comments to the applicant on March
31, 2005. The project was approved at the January 18, 2006 Planning Commission
Hearing. The project was appealed to City Council at the March 21, 2006 City Council
Hearing where the Council upheld the Planning Commission decision. (PA04-0496-
DAMKO)
. Avis Car Rental- A Minor Conditional Use Permit to allow a rental car agency to operate
within the Embassy Suites Hotel located at 29345 Rancho California Road. This project was
submitted on January 23,2006. The project was approved at Director's Hearing on April 6,
2006. (PA06-0021 - NOLAND)
. Budget Rent-A-Car-A MinorConditional Use Permitfora rental car agency to be located in
the Adobe Plaza Shopping Center at 27645 Jefferson Avenue, Suite #113. This project was
submitted on January 23,2006. This project was approved at the Director's Hearing of April
6, 2006. (PA06-0020 - NOLAND)
. Temecula Glass Company - A Development Plan to construct an 11,271 square foot
commercial building on .987 acres located at 41755 Enterprise Circle. The application was
submitted on April 12, 2005. A DRC meeting was held on May 19, 2005. A DRC letter was
sent on May 20,2005. Revised plans were submitted on December 7, 2005. This project
was approved at the March 15, 2006 Planning Commission Hearing. (PA05-0105-
LINTON)
. Temecula Creek Plaza Sign Program - A Comprehensive Sign Program for seven
commercial/office/retail buildings at the southeast corner of Jedediah Smith Road and
Highway 79 South. The application was submitted on February 9,2005. Comments were
sent to the applicant on July 25, 2005. Revised comments were sent to the applicant on
December 7, 2005. A revised sign program was submitted on January 18, 2006. This item
was approved at the April 5, 2006 Planning Commission Hearing. (PA5-0040 - PAPP)
. Plaza Rio Vista -A Development Plan to construct a 19,650 foot office building on .99 acres
at the corner of Black Deer Loop and Diaz Road. The application was submitted on May 1 0,
2005. The DRC meeting was held on June 23, 2005. The Planning Commission
recommended approval at the March 15, 2006 Hearing. The item is scheduled for the April
25, 2006 City Council Hearing. (PA05-0139 - LINTON)
Proiects Under Review
Commercial
. Redhawk Car Wash and Tire Store - A Development Plan and a Conditional Use Permit
submitted on June 8, 2005 for three buildings totaling 8,354 square feet used for a self-serve
carwash and tire store. The project is located on the northeast corner of Margarita Road
and De Portola Road. A DRC meeting was held on August 18, 2005. A DRC letter was
mailed on August 23, 2005. Applicant has been working with Staff on the design. Staff is
awaiting resubmittal. (PA05-0172 - DAMKO)
. Etco Plaza Sign Revision - The Application submitted on December 19, 2005, is a request
to revise the existing sign program to allow additional signage and sign colors. Staff has
scheduled the project for the April 19, 2006 Planning Commission Hearing recommending
denial. (PA05-0390 - DAMKO)
. Paseo Del Sol Recreation Building - A Development Plan to construct a recreation center
consisting of a 1,962 square foot building and swimming pool on 1.2 acres generally located
on the north side of Sunny Meadows Drive, approximately 900 feet east of Meadows
Parkway. The application was submitted on January 5, 2006. A DRC meeting was held on
February 9, 2006. Revised plans were submitted on March 17, 2006. Staff anticipates a
May Directors Hearing for the project. (PA06-0004 - FISK)
. Pujol Condos - A Tentative Parcel Map for condominium purposes for a residential
condominium project located approximately 1 ,800 feet south of First Street on the west side
of Pujol Street. The application was submitted on July 7, 2005. A DRC meeting was held on
September 1, 2005, and a DRC letter was mailed on September 1, 2005. Revised plans
were submitted on October 26, 2005. A second DRC letter was sent to the applicant on
December 13, 2005. A Development Agreement must be approved by City Council prior to
Staff scheduling the project for a Planning Commission Hearing. (PA05-0209 - FISK)
. Temecula Professional Building - A Development Plan to construct a 9,500 square foot
office building on 0.91 acres located on the west side of Margarita Road, approximately 300
feet south of De Portola Road. The application was submitted on October 5,2005. A DRC
was held on December 12, 2005, and a DRC letter was sent to the applicant on December
12, 2005. A second DRC letter was sent to the applicant on February 24, 2006. Revised
plans were submitted on March 23, 2006. A 30-day no response letter was sent to the
applicant on March 13, 2006, and a 60-day no response letter was sent on April 3, 2006.
Staff anticipates a May Director's Hearing for the project. (PA05-0297 - FISK)
. YMCA - A Development Plan to construct a 38,540 square foot YMCA building within a 0.66
acre lease area of a 20.2 acre site located at 29119 Margarita Road. The application was
submitted on November 29, 2005. Staff is currently reviewing the application. A DRC
meeting was held on January 26, 2006. Staff is currently awaiting the submittal of revised
plans. (PA05-0365 - FISK)
. Carpet One - A Development Plan submitted on January 19, 2006, for the construction of a
4,800 square foot retail building located in the Creekside Shopping Center on Highway 79
South and Pechanga Parkway. This project was scheduled for Pre-DRC on March 14,
2006, and DRC on March 16,2006. Comments were mailed to the applicant and Staff is
waiting for revised plans. (PA06-0016 - KITZEROW/PETERS)
. U-Store-It U-Haul Rentals - A Minor Conditional Use Permit to allow U-Haul truck rentals at
U-Store It located at 28401 Rancho California Road (APN 921-281-019). This project was
submitted on November 15, 2005. A DRC letter was mailed to the applicant on December
28, 2005. Staff is waiting for response back from applicant. A 30-Day No Response letter
was sent to applicant on January 31, 2006. Applicant has resubmitted revised plans on
March 6, 2006. Staff is waiting on acceptable elevator for proposed covered carport.
(PA05-0349 - LECOMTE)
. Dr. Levi's Office and Retail - A Major Modification to renovate the former 5 & Diner into
offices and retail facilities located at 26460 Ynez Road. The application was submitted on
October 31, 2005. A DRC meeting was held on December 22, 2005. Staff is currently
awaiting revised plans. (PA05-0329 - LINTON)
. Lyndie Lane Speculative Building - A Development Plan to construct a 9,265 square foot
commercial building located at 29748 Rancho California Road. The application was
submitted on October 14, 2005. A DRC meeting was held on December 8,2005. Staff is
currently awaiting revised plans. (PA05-0305 - LINTON)
. Rite-Aid - A Minor Conditional Use Permit and Public Convenience and Necessity
application to sell alcohol within a 16,836 square foot retail facility to be located within the
Rancho Temecula Town Center at the northeast corner of Winchester Road and Nicolas
Road. The application was submitted on October 25, 2005. A Pre-DRC meeting was held
on November 15, 2005. The applicant resubmitted on February 17, 2006. This item is
scheduled for the April 19, 2006 Planning Commission. (PA05-0314 - LINTON)
. Rite-Aid Drive Thru - A Conditional Use Permit for a proposed pharmacy drive thru for the
Rite-Aid within the Temecula Village. The project is located on Rancho California Road and
Moraga. The application was submitted on January 20,2006. The project is scheduled for
Planning Commission on April 19, 2006. (PA06-0019 - PAPP)
. Temecula Community Church - A Conditional Use Permit application with a Development
Plan for the addition of three buildings and the removal of existing modular buildings and
trellises. The project is located at 28871 Santiago Road. The project was submitted on
December 15, 2005. A DRC letter was sent out on February 3, 2006. The applicant
resubmitted plans on March 13,2006. This project is tentatively scheduled for the May 17,
2006 Planning Commission Hearing. (PA05-0389 - SCHUMA)
. Down's Energy - A Development Plan application for a liquid natural gas distribution facility
and a 14,776 square foot office speculative building. The project is located at the northwest
corner of Rancho Way and Diaz Road. The project was submitted on December 22,2005.
A DRC meeting was held on January 26, 2006. Staff is waiting for revised plans. (PA05-
0402 - SCHUMA)
. Redhawk Pavillion - A Development Plan application for a proposed commercial center
consisting of three buildings totaling 29,498 square feet located on the southeast corner of
De Portola and Margarita (APN 959-050-006). The application was submitted on February
22,2006 and comments are due on March 22, 2006. A DRC meeting was held on April 6,
2006. Staff is awaiting for applicant to resubmit. (PA06-0046 - SCHUMA)
. Ace Hardware at Creekside Plaza - A Development Plan for a proposed 13,125 square foot
retail building (Ace Hardware) located at 30715 Highway 79 South, in the Creekside Plaza
Shopping Center. The application was submitted on February 16, 2006. A DRC meeting
was held on April 6, 2006. Comments were sent to the applicant and Staff is waiting for a
resubmittal. (PA06-0044 - KITZEROW/PETERS)
. Frankie's Restaurant - A Minor Conditional Use Permit for the sale of distilled spirits at a full
service steak and seafood restaurant located at 41785 Nicole Lane. The application was
submitted on January 17, 2006. Staff anticipates an April Planning Commission Hearing for
the project. (PA06-0011 - FISK)
. Hine Mazda - A Development Plan/Conditional Use Permit for the construction and
operation of a 32,560 square foot automobile dealership to be located on 3.7 acres at the
southwest corner ofYnez Road and DLR Drive. The application was submitted on February
22, 2006. A DRC meeting was held on March 9, 2006, and a DRC letter was sent to the
applicant on March 9, 2006. Staff is currently awaiting the submittal of revised plans.
(PA06-0048 - FISK)
. Temecula Village - A Second Extension of Time for approved Development Plan application
PAOO-0140. The project is located on the northeast corner of Rancho California Road and
Moraga Road. The application was submitted on November 16, 2005. The project is
scheduled for the April 19, 2006 Planning Commission Hearing. (PA05-0352 - PAPP)
Subdivisions
. Parcel Map 28049 - An Application for an Extension of Time for Parcel Map 28049. The
project site is located on the west side of Pujol Street, approximately 2,200 feet south of First
Street. The application was submitted on October 13, 2005. Staff anticipates an April
Director's Hearing for the project. (PA05-0304 - FISK)
. Selby Parcel Map - A Tentative Parcel Map to subdivide 21.22 acres into six parcels at the
east side of Ynez Road north of Rancho California Road and south of Solana Way. This
project was submitted on January 6,2005. Comments were due January 28, 2005, and a
Pre-DRC was held February 1,2005. A DRC was held February 10,2005, and a DRC letter
was sent on February 10, 2005. On June 30, 2005, Staff requested additional information to
complete an I nitial Study for this project. A DRC meeting was held August 4,2005. Revised
plans were submitted on September 16, 2005. A third comment letter was mailed November
2,2005, with a third submittal received on September 15, 2005. This project is scheduled
forthe April 19, 2006 Planning Commission Hearing. (PA05-0004 - KITZEROW/PETERS)
. Roripaugh Ranch PA16-18 TTM - A Tentative Tract Map (No. 29368) to subdivide 100.07
gross acres into 399 lots (389 single-family residential lots) located in Planning Area 16, 17,
and 18 of the Roripaugh Ranch Specific Plan. The application was submitted on December
7, 2005. A DRC meeting was held on February 7, 2006, and comments were mailed to
applicant. Staff is awaiting resubmittal. (PA05-0375 - KITZEROW/PETERS)
. Roripaugh Ranch PA 10 TTM - A Tentative Tract Map (No. 30766) to subdivide 8.1 gross
acres into 15 lots (14 single-family residential lots) within Planning Area 10 of the Roripaugh
Ranch Specific Plan. The project was submitted on December 12, 2005. A DRC meeting
was held on January 26,2006, and comments were mailed to the applicant. Staff is awaiting
resubmittal. (PA05-0384 - KITZEROW/PETERS)
. Roripaugh Ranch PA19 TTM - A Tentative Tract Map (29367) to subdivide 28.03 gross
acres into 27 lots (25 single-family residential lots and 2 open space lots) located in Planning
Area 19 of the Roripaugh Ranch Specific Plan. The project was submitted on December 12,
2005. A DRC meeting was held on February 9, 2006, and comments were mailed to the
applicant. Staff is awaiting resubmittal. (PA05-0384 - KITZEROW/PETERS)
. Roripaugh Ranch PA 23and 24 TTM - A Tentative Tract Map (30768) to subdivide 21.5
gross acres into 123 lots (122 single-family residential lots/one open space lot) located in
Planning Areas 24 and 25 of the Roripaugh Ranch Specific Plan. Minimum lot size is 4,000
square feet, with an average lot size of 5,443 square feet. The project was submitted on
December 13, 2005. A DRC meeting was held on February 9,2006, and comments were
mailed to the applicant. Staff is awaiting resubmittal. (PA05-0387 - KITZEROW/PETERS)
. Roripaugh Ranch PA33A - A Tentative Tract Map (No. 90767) to subdivide 10.96 gross
acres into 15 lots (14 residential lots) located within Planning Area 33A in the Roripaugh
Ranch Specific Plan (generally located at the terminus of Nicolas Road and Butterfield Stage
Road). The application was submitted on January 4,2006. A Pre-DRC meeting was held
on February 21, 2006, and a DRC meeting was held on February 23, 2006. Comments
were mailed to the applicant on February 27, 2006, and staff is currently awaiting
resubmittal. (PA06-0002 - KITZEROW/PETERS)
Industrial
. Winchester Gilcrest - A Development Plan submitted on April 5, 2005, for a total of 55,956
square feet of industrial office/warehouse space in three, one story buildings. The project is
located on the south side of Winchester Road, west of Diaz Road. A DRC was scheduled
for May 12, 2005, and a DRC letter was mailed on May 17, 2005. Applicant resubmitted on
October 5, 2005. Comment letter was sent on October 20, 2005. Applicant resubmitted on
March 1, 2006. A Planning Commission Hearing is tentatively scheduled for May 3,2006.
(PA05-0096 - DAMKO)
. Asher Business Park - A Pre-Application for a proposed high-tech research and
development campus consisting of six buildings totaling 62,209 square feet, located at the
southeast corner of Calle Empleado and Winchester Road. Comments were due from other
departments on January 10, 2006. The project is under staff review. A DRC was held on
February9, 2006. Applicant has resubmitted revised site plans and staff is currentlywaiting
for comments from other departments so applicant can formally submit a Development Plan
Application. (PR05-0023 - LECOMTE)
. Storage 2 U - U-Haul Rental- A Minor Conditional Use Permit to allow for U-Haul rentals at
Storage 2 U, located at 27731 Diaz Road. The application was submitted on October 26,
2005. A DRC meeting was held on December 15, 2005. Staff is currently awaiting revised
plans. (PA05-0318 - LINTON)
Mixed Use/Residential
. Barrington Product Review - A Development Plan submitted on December 18, 2005, for 130
single-family homes located within Tract 32437-1 ,2,3, -and, F of the Harveston Specific Plan
located on Ynez Road and Date Street. A DRC letter was mailed on December 27, 2005.
Staff is waiting for resubmittal. (PA05-0378 - DAMKO)
. Temecula Lane II - A Conditional Use Permit, Development Plan and Vesting Tract Map
submitted on December 20,2005, for the development of 297 multi-family residential units
located on the southeast corner of Pechanga Parkway and Loma Linda Road. A DRC
meeting held on February2, 2006, and a DRC letter was mailed on February 9, 2006. Staff
is waiting for applicant response. (PA05-0395, PA05-0396, PA05-0397 - DAMKO)
. Rancho Highlands III-A Conditional Use Permit, Development Plan and Vesting Tentative
Map submitted on December 21, 2005, to allow a subdivision for condominium purposes
and development of 137 multi-family units located near the northeast corner of Ynez Road
and Rancho California Road. A DRC was held on February 16, 2006, and a DRC letter was
mailed on March 3, 2006. Staff is waiting for the applicant's response (PA05-0398, PA05-
0399, PA05-0400 - DAMKO)
. Dalton III-A Conditional Use Permit / Development Plan submitted on February 7,2006, for
a 22,522 square foot mixed use building located on Fifth Street within the Old Town Specific
Plan. A DRCwas held on March 2, 2006, and the DRC letter was mailed on March 3, 2006.
The project is scheduled forthe April 10, 2006 Old Town Local Review Board and a May 17,
2006 Planning Commission Hearing. (PA06-0037 - DAMKO)
. Tierra Vista Condominiums - An Administrative Development Plan to construct 23 residential
condominiums on 1.5 acres. The subject property is located on the northwest corner of
Tierra Vista Road and Ynez Road. The application was submitted on September 30, 2003.
Revised plans were submitted on July 7, 2004. A second DRC letter was provided on
September 10, 2004. Revised plans were submitted on February 7,2005. A third DRC
letter was provided to the applicant on April 8, 2005. Revised plans were received on
August 2, 2005. Staff is currently awaiting submittal of correspondence from the county
geologist regarding earthquake fault line setbacks. (PA03-0552 - FISK)
. Pujol Condos - A Development Plan to construct nine multi-family condominium buildings
totaling 134,213 square feet on 7.85 acres located on the west side of Pujol Street,
approximately 1,800 feet south of First Street. The application was submitted on July 21 ,
2005. A DRC meeting was held on September 1 , 2005, and a DRC letter was mailed to the
applicant on September 1, 2005. Revised plans were submitted on October 26, 2005. A
second DRC letter was sent to the applicant on December 13, 2005. Staff is currently
awaiting the submittal of revised plans. A 30-day no response letter was sent to the
applicant on March 15, 2006 and a 60-day no response letter was sent on April 3, 2006.
(PA05-0208 - FISK)
. Renaissance Villages - A Residential Development Plan and Tentative Tract Map to
construct 58 condominium units totaling 78,397 square feet on 3.98 acres generally located
on Pujol Street, approximately 100 feet north of Main Street. The application was submitted
on August 3, 2005. A DRC meeting was held on September 26, 2005, and a DRC letter was
mailed to the applicant on September 27,2005. Revised plans were submitted on October
26, 2005. A Development Agreement must be approved by City Council prior to Staff
scheduling the project for a Planning Commission Hearing. (PA05-0229 - FISK)
. Mira Loma PDO -A Planned Development Overlay to change the zoning ofa 7.24 acre site
from High Density Residential (H) to PDO -11 to change the development standards forthe
site. The project site is located at 29601 Mira Loma Road. The project was submitted on
August 8, 2005. A DRC meeting was held on September 29, 2005, and a DRC letter was
sent to the applicant on October 4, 2005. A second DRC meeting was held on February 16,
2006. A second DRC letter was sent to the applicant on February 24, 2006. Staff is
currently awaiting the submittal of revised plans. (PA05-0234 - FISK)
. Naron Pacific Tentative Tract Map 30434-A proposal for a Tentative Tract Map to subdivide
32 gross acres into 13 residential and 2 open space lots in the Chaparral area. The
application was originally submitted on April 18, 2002. The CAD has made a
recommendation on policy for the Chaparral Area allowing one-half acre lots if it does not
increase the "net" density. Staff met with applicant in April to discuss grading issues and
begin preparation of an Initial Study. An environmental constraint map was submitted on
February 9, 2005. Staff met with the applicant on March 22, 2005 to discuss grading
impacts and received revised plans and constraints map. A letter was mailed to the
applicant on April 7, 2005, informing him that the submitted plans are not adequate, the
project is still considered incomplete, and additional information is still required in order to
proceed with processing. Staff met internally on April 8, 2005, to discuss General Plan
update. A letter was sent to the applicant on April 13, 2005, to explain City Council decision
not to modify Chaparral Policy; therefore, project plans must be revised to adhere to existing
policies within the General Plan. Staff is currently awaiting submittal of revised plans. A 30-
day close-out letter was sent certified mail to the applicant on September 16, 2005, and the
applicant requested additional time to revise plans. A 60-day follow up letter was mailed on
January 23, 2006. Required studies were submitted on March 23, 2006. Staff is currently
reviewing and comments are due on April 12, 2006. (PA02-0204 PA02-0193 -
KITZEROW/PETERS)
. R. Alison TM -A Tentative Tract Mapto subdivide 3.71 acres into 11 residential lots located
at 31670 Rancho California Road. The application was submitted on June 9, 2005. A DRC
meeting was held on July 21, 2005, and a letter was mailed to the applicant on August 1,
2005. The applicant submitted revised plans. A second DRC letter was sent on January 30,
2006. Staff is awaiting revised plans. (PA05-0176 - LINTON)
. Woodcreek Apartments - A Minor Modification application to build 35 tenant covered
parking spaces/garage ports to be located at 42200 Moraga Road. The application was
submitted on May 31, 2005. A DRC meeting was held on July 14, 2005. Revised plans
were submitted on August 4, 2005. A second DRC letter was sent on August 25, 2005.
Staff is currently awaiting the submittal of revised plans. (PA05-0160 - LINTON)
. Silver Oaks - A Development Plan/Tentative Tract Map to construct 112 age restricted
condominiums on 7.5 acres on the northwest corner of Margarita Road and Dartola Road.
The project was submitted on August 9, 2005. A third DRC was held on February 23,2006.
The project is tentatively scheduled for a May 17, 2006 Planning Commission Hearing.
(PA05-0235, PA05-0236 - LINTON)
. Tentative Tract Map 32780 - A Tentative Tract Map to divide 22.45 acres into 38 single-
family lots on Walcott Lane north of La Serena. The project was submitted on August 10,
2005, and is awaiting applicant response. A DRC meeting was held and a DRC letter was
mailed to the applicant on December 13, 2005. The project is tentatively scheduled for a
June 2006 Planning Commission Hearing. (PA05-0240 - SCHUMA)
. PA 13 Redhawk - A Development Plan application to build 98 condominium units on 8.9
acres. The project is located on the northeast corner of Peachtree and Deer Hollow (APN
962-020-012). The project was submitted on March 8, 2006, and comments are due on
April 5, 2006. A DRC meeting is scheduled for April 13, 2006. (PA06-0060 - SCHUMA)
. Stonebriar - Wolf Creek - A Home Product Review for 112 single-family homes in PA21 of
the Wolf Creek Specific Plan. Elevations include three floor plans and elevation types
ranging from 3022 to 3446 square feet. Application was submitted November 4, 2005. A
DRC letter was sent out on December 27, 2005. The applicant resubmitted plans on March
8,2006, and comments were due on due on March 22, 2006. A DRC meeting was held on
March 30, 2006. Staff is awaiting resubmittal of revised plans. (PA05-0332 - FISK)
. Rancho Highlands Maravilla - A Development Plan and Product Review for 71 tri-plex
buildings totaling 213 units on 23.3 acres in the Rancho Highlands Specific Plan along the
extension of Tierra Vista and Rancho Highlands Road (APN 944-330-001, 003 and 017).
The applications were submitted on June 6, 2005. A DRC meeting was held on July 14,
2005. Staff is currently preparing an I nitial Study for this project. This project has been
scheduled for the May 3,2006 Planning Commission Hearing. (PA05-0167 - PAPP)
. Harveston Product Review, Emery Place -A Development Plan (Product Review) submitted
on February 28, 2006, for 76 single-family cluster homes located within Tract 32436-1 and
32436-F of the Harveston Specific Plan (Noah and Date Street). Staff has tentatively
scheduled a June 7,2006 Planning Commission Hearing. (PA06-0055 - DAMKO)
Miscellaneous
. Cingular Mono-Pine Wireless Antenna - A Conditional Use Permit to construct a 50-foot
high monopalm on Greentree Road, approximately 500 feet east of Via Sierra. The project
was submitted on April 19, 2004. Staff has received third-party review comments. Staff has
postponed scheduling the project for a Planning Commission Hearing at the applicant's
request. Plans have been submitted for a Planning Commission Hearing and Staff
anticipates a June Planning Commission Hearing for the project. (PA04-0285 - FISK)
. Margarita Crossings - A Sign Program for the proposed Margarita Crossings Shopping
Center located at the southwest corner of Margarita Road and Overland Drive. The
application was submitted on March 1,2005. A DRC letter was sent on March 28, 2005, and
staff met with the applicant to review the DRC comments on April 22, 2005. The applicant
submitted a revised sign program on July 1,2005. The project was heard at the September
21, 2005 Planning Commission Hearing and was continued to the December 7, 2005
Planning Commission Hearing so that the applicant could revise the program and address
the Planning Commission concerns. The sign program was approved at the December 14,
2005 Planning Commission Hearing. The applicant has filed an appeal of the Conditions of
Approval placed on the project. The appeal was scheduled for the April 11 , 2006, Council
Hearing, but the appeal has been withdrawn by the applicant. (PA05-0064 - FISK)
. Doghouse/Lolita Road Monopalm Wireless Antenna - A Conditional Use Permit to construct
a 50-foot high monopalm with 12 panel antennas, on two-inch microwave dish, a shelter to
match residence, a generator pad for emergency use, and two live palm trees with irrigation
located at 30984 Lolita Road. The application was submitted on June 24, 2005. A DRC
letter was mailed on July 23,2005. This project was resubmitted in November and a second
DRC letter was sent December 16, 2005. A meeting was held with the applicant on January
26, 2006. Staff is currently awaiting resubmittal. (PA05-0195 - KITZEROW/PETERS)
. Roripaugh Ranch Mega Center - A Development Plan for the Roripaugh Mega Center
including a 16,343 square foot Community Center, a 1,414 square foot restroom/pool
equipment building, and a 640 square foot cabana totaling 18,397 square feet on 3.88 acres
in PA 30 of the Roripaugh Ranch Specific Plan. The project was submitted on November
14,2005, and comments were mailed to the applicant on December 29,2005. The project
was resubmitted on January 25,2006. Comments were sent to the applicant on February
28,2006, and revised plans were submitted on March 17, 2006. Staff is currently reviewing.
(PA05-0345 - KITZEROW/PETERS)
. General Kearney Reservoir Wireless Facility - A Conditional Use Permit to replace an
existing non-disguised unmanned wireless monopole with a new 65 foot tall unmanned
wireless mono pine with 12 antennas, four-foot diameter microwave dish and associated 336
square foot shelter and a back-up generator. The property is east of Placer Lafite and south
of Chemin Coutet. The application was submitted on March 1,2005. A DRC meeting was
held on April 21 ,2005. A second meeting was held on January 24,2006. Staff is currently
awaiting revisions. (PA05-0063 - LINTON)
. T -Mobile Monopine - An application for a Development Plan and Conditional Use Permit to
construct a 70 foot mono pine within a 676 square foot enclousure, to be located at Orchard
Christian Fellowship, 42101 Moraga Road. The application was submitted on January 26,
2006. A DRC meeting was held on March 9, 2006. Staff is currently awaiting submittal of
revised plans. (PA06-0026 - LINTON)
. Brightstart Daycare - A Minor Conditional Use Permit for a large family childcare proposed
in a 1,639 square foot home located at 31862 Via Barraza. This project was submitted on
July 26, 2005, and is currently under review. A DRC meeting was held on September 1,
2005, and a DRC letter was sent on September 13, 2005. Staff is still awaiting applicant
response. (PA05-0213 - SCHUMA)
. Butterfield Station Sign Program - To establish and implement a sign program for the
Butterfield Station shopping center. The property is located on Highway 79 South and
Butterfield Stage Road. The application was submitted on October 4,2005. A revised sign
program was submitted on March 9, 2006. This project is scheduled for the April 19, 2006
Planning Commission Hearing. (PA05-0294 - PAPP)
. Roripaugh Ranch Specific Plan EIR Addendum - An EIR Addendum to the Certified
Environmental Impact Report for the Roripaugh Ranch Specific Plan for offsite
improvements including the Nicolas Road Bridge and related Channel Improvements to
Santa Gertrudis Creek. The application was submitted on February 24, 2006. Staff is
reviewing and will provide comments by April 15, 2006. (PA06-0051 - KITZEROW
/PETERS)
. Roripaugh Ranch Conditions of Approval Modification - A Major Modification to Conditions
of Approval for Tracts 29661 (Conditions of Approval Nos. 17, 19, and 27), Tract 29353
(Condition of Approval 15), and Tract 32004 (Condition of Approval Nos. 8, 9,10,24,37,38,
and 39) relative to issuance of building permits and timing of landscaping bonds for
Roripaugh Ranch. The application was submitted on February27, 2006. Staff is reviewing
and will provide comments by April 10, 2006. (PA06-0053 - KITZEROW/PETERS)
Small Business Assistance
. Wine Sellars - An Administrative Development Plan for an outdoor dining area has been
submitted for this wine tasting facility at the southeast corner of Sixth Street and Old Town
Front Street (The Hitching Post Center) in Old Town Temecula. Staff is waiting for a
response from the owner and applicant to a comment letter that was sent to them outlining
the requirements for the Public Works and Community Services Departments. (PA05'{)269
- NOLAND)
. The Golf Store - Planning staff is working with the owner of this Old Town business to
develop new signs that are consistent with the sign program for the Penfold Building.
(PA05-0340 - NOLAND)
. Bob & Gary's Field Fresh Berries - Staff is working with this applicant for approval of a Major
Temporary Use Permit to establish a strawberry stand in the Palomar Shopping Center at
Margarita Road and Rancho California Road. (PA06-00n - NOLAND)
. Lonnie Smith Construction - A new sign and landscaping plan has been proposed for this
new commercial office use in Old Town Temecula. This project is tentatively scheduled to
go before the Old Town Local Review Board on May 8, 2006. (PA06-0072 - NOLAND)
Special Event Permits
. Bluegrass Festival- A Major Temporary Use Permit was approved for this Old Town event
organized by the Redevelopment Department that took place on March 18, and 19, 2006.
Staff coordinated comments from all concerned City departments and held an organizational
meeting. (PA06-0029 - NOLAND)
. 2006 Rock'n Rod Run & Old Town Cruise - Staff worked with P & R Productions to help
them with a Major Temporary Use Permit for this Old Town Event that took place on March
10 and 11, 2006. A site plan for the event was developed and organizational meetings with
the applicant were held on a regular basis. (PA06-0007 - NOLAND)
. Painted Parasol Festival - The Redevelopment Department has applied for a Major
Temporary Use Permit for this event scheduled for April 22, 2006 in Old town Temecula.
Vendors, entertainment and children's activities are included. (PA06-0081 - NOLAND)
. MS Walk - The National MS Society has applied for a Major Temporary Use Permit for a
walk that will take place at City Hall and the streets of the Rancho California Business Park
on April 22, 2006. A license agreement has been signed by the applicant for the use of all
City facilities. (PA06-0080 - NOLAND)
Special Proiects & LonQ RanQe PlanninQ Activities
The Division also commits work efforts toward larger scale and longer time frame projects for
both private and public purposes. These activities can range from a relatively simple ordinance
or environmental review to a new specific plan or a general plan amendment. Some of the
major special projects and long range planning activities currently in progress are described in
the paragraphs below:
. Medical Marijuana Dispensaries Ordinance - An Ordinance amending the Municipal Code
defining "Medical Marijuana Dispensary" and prohibiting such use in all zones of the City.
This item went to the April 5, 2006 Planning Commission Hearing and is scheduled for the
April 25, 2006 City Council Hearing. (WEST)
. Development Code Clean-Up Amendment - Staff has finalized the proposed amendment to
the Development Code. The proposed amendment includes amending front yard setback
requirements in residential districts, integrating state law requirements for density bonuses
and creating new sign standards for existing developments, and other minor modifications
and clarifications. This item went to the April 5, 2006 Planning Commission Hearing and is
tentatively scheduled to City Council in May. (PA05-0041 - WEST)
. Old Town Specific Plan Amendment - Staff has finalizing the draft amendment to the Old
Town Specific Plan to expand the protection for historic structures throughout the City, as
well as make a number of other clarifications related to alleys, signage, and mixed use
projects within the Old Town Area. This item is scheduled for the April 19, 2006 Planning
Commission meeting. (PA04-0596 - WEST)
. Mixed Use Development Standards and Traditional Neighborhood Design Criteria - Staff
has started the development process for Mixed Use Development Standards by reviewing
existing projects and guidelines. This is expected to result in a recommended approach for
areas of the City that are designated for Mixed Use development. (WEST)
. Hillside Development Policy - The policies are being examined for integration into the draft-
grading ordinance. Staff is working with GIS to analyze topography, soil types,
environmental (habitat), and other constraints.
. Procedures to Implement CEQA - Staff initiated project to develop local guidelines and
procedure manual for processing CEQA documents, including the adoption of local
exemptions. This is expected to include significance thresholds and procedures for the City
to contract for the preparation of environmental impact reports.
. Project environmental reviews and permitting:
.:. Diaz Road General Plan Level Improvements - Staff has prepared an Initial Study to
determine the impacts of constructing ultimate improvements on Diaz Road. Staff is
recommending that a Negative Declaration be prepared, the scheduling of this item for
the City Council will be coordinated with Public Works Department. (EA07 - PAPP)
.:. 1-15/ SR79 South Ultimate Interchange Project - Staff continues to provide comments to
the Public Works Department on the issues that need to be addressed in the
NEPA/CEQA document that is to be prepared for this project. (EA111 - WEST)
.:. Civic Center Initial Environmental Study - Staff is reviewing the proposed Civic Center
and Mercedes Street improvements pursuant to CEQA guidelines. (EA125 - WEST)
.:. Rancho Vista Sidewalk Project - Staff is reviewing the proposed sidewalk improvement
project along Rancho Vista Road pursuant to CEQA guidelines. (EA126 - WEST)
General Plan Amendments
. Map 32780 - A General Plan amendment to amend the Land Use Designation from Very
Low (VL) to Low Density (L) for a 22.45 acre parcel located on Walcott Lane north of La
Serena (APN 957-170-032-033-034-035-036). This application was submitted on August
13, 2005. A DRC is scheduled for November 15, 2005. A DRC was held and a DRC letter
was mailed to the applicant on December 13, 2005. (PA05-0283 - SCHUMA)
ITEM NO. 22
Approvals
City Attorney
Director of Finance
City Manager
~
11/2
tf
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
April 25, 2006
SUBJECT:
Department of Public Works Monthly Activity Report
RECOMMENDATION: Receive and file the attached Department of Public Works Monthly
Activity Reports for the month of March, 2006.
CAPITAL IMPROVEMENT PROJECTS
Monthly Activity Report
March I April 2006
Prepared By: Amer Attar
Submitted by: William G. Hughes
Date: April 25, 2006
PROJECTS UNDER CONSTRUCTION
1. Old Town Community Theatre
This project will construct a 20,000 square foot community theater complex and refurbishes the
existing Mercantile Building. Construction started on 3-3-04. This project is complete. The grand
opening took place on 10/04/05. Punch list items and close out items will likely be on-going for
next one to two months. In the process of negotiating disputed work items.
2. Fire Station - Northeast Site (Roripaugh Ranch)
This project will construct a new fire station in the north part of the City. Contract completion date is
March 2006. Work is focused on punch list items. Although the station will be complete in March, it
will be roughly 6 to 12 months before the Roripaugh Ranch Developer can provide access and
utilities to the site. As a result, there will be a cost to re-mobilize and complete the project when the
aforementioned items are complete, which the Developer is responsible for. In addition, a fire
engine/truck venting system (requested added on 2/06) will be installed when the Contractor is re-
mobilized.
3. Winchester Road Widening Between Enterprise Circle and Jefferson
This project will widen Winchester road between Enterprise Circle and Jefferson Avenue. It will also
add a right turn lane from Eastbound Winchester to Southbound Jefferson, starting at Enterprise
Circle. The project is complete. Roadway improvements accepted at City Council meeting on
4/11/06.
4. Patricia H. Birdsall Sports Park
A new 40+ Acres sports complex will be built at the corner of Pechanga Parkway and Deer Hollow
Way. Bids were opened on September 16, 2004. The contract was awarded to Douglas E.
Barnhart, Inc. at the September 28, 2004 Council meeting. The contract award amount is
$13,365,055.51. Many of the remaining items of work are unchanged from the last two months,
though the quantity has been further reduced, and include scattered areas of concrete f1atwork,
some stairways at ball fields, basketball baskets & boards, shade structure fabric, walkway lighting,
playground lighting, equipment, and resilient surfacing, BBQs, basketball court and parking lot
striping, and landscaping. Work completed since last month includes setting ball field scoreboards,
building interior finishes, and planting of approx. 20% of trees. Periods of heavy rain throughout the
month of March resulted in site work being possible on only 9 of 23 available working days. The
Contractor's request for contract days extension, which will likely extend contract completion into
May, is still under review by the City. When weather has permitted working, the landscape
contractor's performance has improved markedly from previous months.
5. Patricia H. Birdsall Sports Park Synthetic Turf
As part of the sports park project, a separate contract to install synthetic turf on four fields, three
soccerfields and a championship field that includes football overlay, was awarded to Byrom-Davey.
Project acceptance is postponed until the contractor completes all the required work on all the fields.
6. Temecula Library
A full service library, approximately 34,000 square feet in area, has been designed and will be built
on Pauba Road, just west of Fire Station #84. The City was successful in obtaining State grant to
aid in funding the library. The structural steel is has all been erected and welding is scheduled for
completion by 4/17/06. The metal decking is being installed and will be complete by 4/21/06. The
parking lot is now scheduled for paving at the end of April. Work continues on the buildings interior
including framing, plumbing, fire sprinklers, ductwork and electrical rough in. Scaffolding is set on
the south side of the building and the lath and plaster will follow.
7. City Field Operations Center (Maintenance Facility and Corporate Yard) - Phase 1
Under this project, an expansion of the maintenance facility will be built on the property adjacent to
City Hall. Western Rim Constructors (WRC) was awarded the project with a low bid of $636,094.80.
The pre-con meeting was held on 10-6-05. Notice To Proceed was issued on 10-10-05. There will
be 100 working days. The construction activities are moving along per schedule. The contractor has
placed all curb & Gutter. Placement of base will be done by 04-14-06. Paving is scheduled for
Saturday 04-15-06 (if it does not rain on Friday-forecast is 80% chance of rain). Landscaping work is
moving along. Project completion is scheduled for 05-01-06.
8. Guardrail Installation and Replacement On Rainbow Canyon Road
In this project, old guardrails will be replaced and new guardrails will be installed in needed locations
on Rainbow Canyon Road within the City of Temecula. Bids were opened 10/27/05. Apparent low
bidder was D.C Hubbs Construction with a bid amount of $245,325.00. The City Council awarded
construction contract to D.C. Hubbs Construction on 11/22/05. Construction is complete. The City
Council accepted the project 04/11/06.
9. Pauba Road Improvements - Phase II (Margarita Road to Showalter Road)
This project will widen Pauba Road from Showalter to just west of Margarita Road to its ultimate
width. Bids were opened on 01/09/06. Apparent low bidder was Grade Pros Inc. DBA McKenna
with a bid amount of $1 ,367,663.15. Construction contract was awarded at the City Council meeting
on 01/24/06. The Preconstruction Meeting was held on 02/15/06. The construction began on
02/27/06. Contractor has mobilized. They are working on erosion control, traffic control and grading.
10. Pavement Rehabilitation Program - FY 2005/2006
This project will rehabilitate Diaz Road between Rancho California Road and Winchester road,
including replacement of storm drain pipes. City Council awarded the construction contract to R.J.
Noble Company on 03/28/06. The Preconstruction meeting is scheduled for early May with
construction beginning in mid May.
11. Citywide Concrete Repairs FY 05-06
This project will remove and replace various concrete improvements including sidewalk, curb and
2
gutter, cross gutters, driveways approaches, and under sidewalk drains. This project will remove
and replace various concrete improvements including sidewalk, curb and gutter, cross gutters,
driveways approaches, and under sidewalk drains. Contract was awarded on 03/21/06.
12. Temecula Education Center- Rough Grading
This project will provide for the grading of the proposed Temecula Education Center. Project was
awarded on 4/11/06. Construction is scheduled to begin May 1,2006. Staff is working with the
utilities companies to resolve the long term feasibility of their facilities on Diaz Road from Dendy
(Campus) Pkwy to Cherry Street.
13. State Route 79 South Medians
Under this project medians will be constructed on Route 79 South within the City of Temecula limits.
Award for the Construction Contract is going to the City Council on April 25th.
PROJECTS BEING ADVERTISED FOR BIDS
1. Rancho California Median Modifications
This project will add an additional through-lane on Rancho California between Ynez Road and the 1-
15. The landscape median will be modified in order to accomplish this; no additional R!W will be
needed. Authorization to solicit bids took place on 3/21. JMD submitted mylars on 3/23 and the
plans & specs went out to bid; bids are due 4/24/06. Contract will be awarded on the 5/9 CC mtg.
The City ordered the traffic signal pole on 3/31; approx. delivery time is 10-12 wks. This work will be
performed at night.
2. Bridge Fencing
Fences will be installed on bridges over 1-15. Proposed fencing locations are the eastbound sides of
the Overland Drive and Rancho California Road bridges over Interstate 15. Construction bids are
expected to be opened on 04/20/06 and awarded on 05/09/06.
PROJECTS IN DESIGN
1. Pechanga Parkway Improvements - Phase II (SR 79 South to Pechanga Road)
This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the
Pechanga Parkway Bridge to Pechanga road. The Preliminary Environmental Document (NEPA) of
the project is classified as a Categorical Exclusion with required technical studies (involving Federal
action). Caltrans (Local Assistance) has approved the noise, traffic, and HPSR-ASR studies. The
City expects the following environmental documents to be approved during the week of April 17: Air
Quality, NES/MI, and the ISA (Hazardous Waste) Studies. The City recently filed the final CEQA-
NOD for the project. The City is expecting minor comments from Caltrans during the week of April
10. The City will then resubmit to Caltrans during the week of April 17 for final approval. Once
Caltrans (Local Assistance) approves the Environmental Document (ED) and PS&E package, they
will submit the ED and PS&E package to FHWA for their review period of approximately 3 to 4
weeks. After FHW A approves the ED and PS&E package, the City can then start the public bid
3
process and proceed with the acquisition of three properties along Pechanga Parkway. 100%
design plans (Mylars) will be signed by the City during the week of April 21.
2. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road
This project will entail alignment studies and the design of an extension of Overland Drive, westerly
to Diaz Road, which includes a new bridge over Murrieta Creek. The project includes the widening
of Overland Drive from Jefferson Avenue to Commerce Center Drive, and the extension of Overland
Drive across Murrieta Creek to Diaz Road. Coordination with RCFC & WCD and the Corp of
Engineers is required. The City sent copies of the 70% design plans to the utility companies for
comments during the week of April 3. Also, staff will send copies of the 70% design plans to other
City Departments for comments during the week of April 1 O.
3. Fire Station - Wolf Creek Site
A 9,000 SF fire station will be built @ the corner of Wolf Valley Rd & Wolf Creek Drive South. STK
submitted the 1st 100% CD submittal on 8/05 & are currently addressing the 4th plan check
comments & will resubmit in April. The developer is processing a legal description to identify a new
parcel for the monument wall. They are scheduled to start wall construction before the construction
of the fire station. The wall shall be on a separate parcel (owned & maintained by the HOA). Vanir
was selected to provide CM services; it goes to CC on 4/25. The Fire Permit application has been
submitted.
4. Murrieta Creek Multi Purpose Trail
This project will build portions of the equestrian and bike trails along Murrieta Creek within City
limits. The City has received a federal grant of $1 ,214,000. Caltrans (the administrator of the federal
funds) has given the City the "Authorization to Proceed with Preliminary Engineering." The City is
working with Caltrans, US Army Corps of Engineers (USACE) and Riverside County Flood Control
to coordinate the trail design with the Murrieta Creek Improvement project. The signed
Programmatic Categorical Exclusion (approved environmental document) was received from
Caltrans on April 15, 2005. Final Design is underway and the 90% Plans were reviewed and
comments returned to Kimley-Horn, the design consultant. The next submittal was received in late
September and comments were returned to K-H on Oct. 19, 2005 for revision. Revised Plans and
Specifications were received in late December 2005 and were reviewed by City staff. Comments
went back to the Consultant for revisions. The City has received construction authorization from
Caltrans.
5. Rancho California Road Widening, Old Town Front Street to 1-15 (Southside)
This project will provide a right turn lane for southbound 1-15 motorists and provide a dual left turn
lane from westbound RCR to southbound Front Street. The Caltrans permit is being finalized, with
the consultant addressing final plan check comments. Caltrans delays/issues are impacting the
scheduled start date. We anticipated final clearance of the plans in April/May of 2006. Union 76
and Denny's have approved their right of entries.
6. Main Street Bridge Over Murrieta Creek (Replacement)
This project will replace the existing Main Street Bridge over Murrieta Creek. A meeting was held on
8/24/05 with Corps of Engineers regarding pursuing the project as stand-alone. Design consultant
Simon Wong Engineering (SWE) is continuing to pursue environmental permitting and coordination
issues associated with pursuing the bridge replacement as a project separate from the Corps of
Engineer's channel improvement project. SWE has also revised their original design proposal for
4
this project in light of these additional efforts required; additional funding will be required to cover
these revisions. A meeting was held with SWE on 3/16/06 to discuss the revisions and compare to
scope of original contract. A decision is forthcoming on a contract amendment.
7. City Field Operations Center (Maintenance Facility and Corporate Yard) - Phase 2
This project will construct the second phase of the City's Field Operation Center, which include the
building. SCE advised that the existing conduit to City Hall transformer may be used for primary
electrical feed. The consultant is addressing final plan check comments and technical spec
comments and anticipates submitting mylars the week of March 20.
8. Diaz Road Extension to Cherry Street
This project was previously "On-hold'" pending data from Riverside County Flood Control. With the
construction of the proposed Education Center, this project has become developer driven. Plans
have been routed to various utilities for identification of possible conflicts and to Riverside Flood
Control and Army Corp of Engineers for verification that the proposed roadway is in conformance
with the proposed detention basin within Murrieta Creek.
9. Santa Gertrudis Bicycle/ Trail Undercrossing at Margarita Road
This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek under
Margarita Road. Data regarding existing utilities are being incorporated into the design. Consultant
is continuing the environmental review process while City staff reviews the 100% plan submittal.
10. Western Bypass Corridor Alignment Study
This project will provide for an alignment stud for the Western Bypass Corridor. A kick-off meeting is
scheduled for April 20, 2006 with the design consultant URS Corporation.
11. Western Bypass Bridge Over Murrieta Creek
This project involves the design and environmental clearance of a new bridge over Murrieta Creek at
the terminus of SR-79S and an extension of Pujol Street to the new structure. Once constructed,
this will serve as the southerly connection of the Western Bypass Corridor. Staff has completed
review of a proposal by TV-UN International, and provided comments for consideration. A revised
proposal is expected late April.
12. Localized Storm Drain Improvements
This project will fix the drainage problem at the south end of Front Street (at the MWD easement).
Baseline right of way, utilities, and mapping are established. This project is currently on hold.
13. Long Canyon Detention Basin -Access Road
This project will construct an access road to the Long Canyon Detention Basin. Plans and
specifications are 90% completed, however winter rains have affected the project conditions and the
scope of work will need to be reevaluated. Project is on hold.
14. Rancho Vista Road Sidewalk
This project involves design and environmental clearance of a new sidewalk along the south side of
Rancho Vista Road between Ynez Road and Mira Loma Drive (east). The Planning Department is
5
examining a Categorical Exemption under CEQA. PS&E is 40% complete.
15. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek
This projeclincludes the construction of an approx. 200' ped/bike bridge over Santa Gertrudis Creek
near Chaparral H.S. An RFP was sent out; three proposals were submitted. All included costs that
were beyond the budgeted amount for the project. The City processed an agreement with Nolte
Associates for a "Preliminary Planning Study" to further review the available alternatives & potential
costs on the project and re-budget accordingly. The kick-off meeting with Nolte was held in Feb;
next meeting took place March 28th. Nolte expects to submit their final report identifying bridge
alternates, costs & their recommendations, at the end of April. This is a federally funded project,
which will involve specific steps/actions to environmentally clear it.
16. Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond
This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution
Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the RWQCB by
desilting the channel & pond located near the Sports Park. An internal meeting took place in Dec,
2005 to clarify the scope of work. Internal research is continuing. Communication has been made
with US Army Corps of Engineers to determine what permits will be required; Staff is completing a
Nationwide Permit application.
17. Slurry Seal Project FY 2005-2006, Redhawk Area'
This project includes cleaning & sealing cracks in the road surface, removal & replacement of all
pavement delineation, furnishing & installing Rubberized Emulsion - Aggregate Slurry (REAS) Type
II and all necessary traffic control. There are approx, 3,571,850 sf of roadway involved. Bid
authorization was given on 1/24/06. Bids were opened on 2/21/06. All American Asphalt was the
lowest bidder w/a bid of $563,690.50. Award of contract took place 3/21/06. The Pre-Con meeting is
set for 4/13/06. This work cannot start until May, 2006 or as directed by the City (weather
dependent).
18. Erie Stanley Gardner Exhibit
This project will create an exhibit for the famous author in the museum. Newly down-scoped
construction plans were just submitted by the architect. These plans are being reviewed. The project
will be advertised for bids once the plans and specifications are finalized.
PROJECTS IN THE PLANNING STAGE
1. 1-15/ SR 79 South Interchange - Project Report (PR)
This project will modify the 1-15/ SR 79 South Interchange to accommodate projected future traffic.
This is the next step of project development after the completion of the Project Study Report.
City continued development of design geometrics and environmental technical studies. Status is as
follows:
).> 1st submittal of Project Report - Received comments by Caltrans; City is addressing
comments.
).> 2nd submittal of Design Exceptions - Received comments by Caltrans; City is addressing
comments.
6
).> 2nd submittal of Storm Water Data Report - Under review by Caltrans.
).> 2nd submittal of Natural Environmental Study (MI) - Under review by Caltrans.
).> 2nd submittal of Visual Impact Analysis - Under review by Caltrans.
).> 3rd submittal of Traffic Analysis - Under review by Caltrans.
2. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans
Specifications, and Estimate (PS&E) Preparation
This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215
split. The project is moving through the Caltrans process. Comments for Geometric Approval
Drawings (GAD) have been addressed and resubmitted to Caltrans for review on 04-11-06. The
Draft Project Report has been submitted for review. Draft Visual Analysis has been submitted to
Caltrans for review. Utility conflict plans have been prepared and copies submitted to utility
companies for review. New Connection Report, Draft Project report, Fact Sheets and Traffic
Analysis have been submitted to FHWA for review. R!W data sheet is being prepared.
3. French Valley Parkway Interim Southbound Off-Ramp to Jefferson, Auxiliary Lane, and
Widening the Bridge over Santa Gertrudis Creek at the Winchester Southbound Off-ramp
- Phase I
The City and Caltrans have agreed that immediate action is required to relieve congestion at the
Winchester Road southbound off-ramp. Caltrans has even agreed to contribute $750,000 to the
construction of an auxiliary lane and widen the bridge over Santa Gertrudis Creek. A southbound
off-ramp to French Valley Parkway will be included in the construction of the improvements at the
Winchester southbound off-ramp provided that all the environmental clearances can be obtained in
time. The 30% design package for phase 1 has been ready since mid. January. Caltrans refuse to
accept the package pending the out come of the GAD. Utility plan for this location is prepared and
conflicts are being analyzed. Consultant is working on the environmental issues.
7
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TO:
MEMORANDUM
Bill Hnghes, Director of Pnblic Works/City Engineer
FROM: r/J/f; Brad Bnron, Maintenance Snperintendent
DATE:
SUBJECT:
April 3, 2006
Monthly Activity Report - March, 2006
The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel
for the month of March, 2006:
I. SIGNS
II. TREES
A.
B.
C.
Total signs replaced
Total signs installed
Total signs repaired
~
-----1l
~
A.
Total trees trimmed for sight distauce and street sweeping concerns
~
III. ASPHALT REPAIRS
A.
B.
Total square feet of A. C. repairs
Total Tons
6.475
42
A.
IV. CATCH BASINS
262
Total catch basins cleaned
A.
V. RIGHT-OF-WAY WEED ABATEMENT
o
Total square footage for right-of-way abatement
VI. GRAFFITI REMOVAL
A.
B.
Total locations
82
14,040
Total S.P.
VII. STENCILING
A. ---..!! New and repainted legends
B. 200 L.P. of new and repainted red curb and striping
R:\MAINT AIN\MOACTRPT\05.06\MARCH.OCi
Also, City Maintenance staff responded to ...1L service order requests ranging from weed abatement, tree trimming,
sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 2L service order requests
for the month of Februarv, 2006.
The Maintenance Crew has also put in 196 hours of overtime which includes standby time, special events and
response to street emergencies.
The total cost for Street Maintenance performed by Contractors for the month of March. 2006 was $23,736.00
compared to $67,462.00 for the month of Februarv. 2006.
Account No. 5402
Account No. 5401
Account No. 999-5402
$ 11,315.00
$ 7,561.00
$ 4,860.00
cc: Ron Parks, Deputy Director of Public Works
Ali Moghadam, Senior Engineer (Traffic)
Greg Butler, Senior Engineer (Capital Improvements)
Amer Attar, Senior Engineer (Capital Improvements)
Jerry Alegria, Senior Engineer (Land Development)
R:\MAINTAIN\MOACTRPT\05.06\MARCH.06
STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of March, 2006
DATE DESCRIPTION TOTAL COST
ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE
,>i ......'.'i'.... .......i.ii.i.'i......i .de'.'::.. ":i.' i.J..'. "
',,,",,' LL ..'i"'" .i....
Date: 03/06 CITYWIDE TRASH & DEBRIS REMOVAL ALONG CITY
ROW.'S
# 4302
TOTAL COST $ 5,000.00
.' ..: , ..i..i...... '. '" !,'~' '/M.i> i:
i'i i.'i"", ...ii' . .'. ....... .
Date: 03/07/06 JOHN WARNER DESILTING POND REMOVAL OF APPROXIMA TEL Y 25 YARDS OF
SILT FROM BASIN
#5401
TOTAL COST $ 2,004.00
Date: 03/30106 WINCHESTER ROAD AT NICHOLAS INSTALL BOLLARADS ON CORNERS PER
ROAD N/W & S/W CORNERS TRAFFIC REQUEST
# 5402
TOTAL COST $ 6,315.00
.i, > '., ,.i;~+INC.
CONTRACTOR: . .,lv.\m < ...
Date: 03120106 SANTIAGO DESILTING PONDS REPAIRS TO DESILTING PONDS DUE TO HEAVY
RAINS
# 5401 TOTAL COST $ 5,557.00
Date: 03/06 SERVICE LEVEL "R" AREAS GRADED AREAS 3 TIMES DURING MARCH
# 999-5402 I
TOTAL COST $ 4,860.00
TOTAL COST ACCOUNT #5401 $ 7,561.00
TOTAL COST ACCOUNT #5402 $ 11,315.00
TOTAL COST ACCOUNT #99-5402 $ 4,860.00
R:\MAINTAIN\MOACTRPT\05.06\MARCH.06
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CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAFFITI REMOVAL
MONTH OF MARCH, 2006
{/UU.......,...yyyyUj._..,....,.,.lIII'.....{ .....',Ciii..'.'.... ',.', .'. .' '.
DATE I.............",..'.', /10 ,TJ!,L"
03/01/06 TIERRA VISTA REMOVED 41 S.F. OF GRAFFITI
03/01106 28860 OLD TOWN FRONT REMOVED 75 S.F. OF GRAFFITI
03/01106 L YNDIE LANE AT TARGET CENTER REMOVED 125 S.F. OF GRAFFITI
03/01106 STONEWOOD APARTMENTS REMOVED 50 S.F, OF GRAFFITI
03/02/06 RANCHO VISTA ROAD AT MARGARITA ROAD REMOVED 8 S.F. OF GRAFFITI
03/02/06 VIA CORDOBA AT THE PARK REMOVED I S.F. OF GRAFFITI
03/02/06 OLD TOWN THEATER REMOVED 180 S.F. OF GRAFFITI
03/02/06 CALLE MEDUSA AT ENFIELD REMOVED 30 S.F. OF GRAFFITI
03/02/06 MARGARITA ROAD AT CALABRIA DRIVE REMOVED 5 S.F. OF GRAFFITI
03/03/06 FELIX VALDEZ AT 6TH STREET REMOVED 290 S.F. OF GRAFFITI
03/06/06 RANCHO CALIFORNIA RD. BRIDGE AT OLD TOWN FRONT REMOVED 20 S,F. OF GRAFFITI
03/06/06 FELIX VALDEZ AT 6TH STREET REMOVED 142 S.F. OF GRAFFITI
03/06/06 28860 OLD TOWN FRONT STREET REMOVED 300 S.F. OF GRAFFITI
03/06/06 28900 OLD TOWN FRONT STREET REMOVED 70 S.F. OF GRAFFITI
03/06/06 PEACH TREE AT VINE REMOVED 45 S.F. OF GRAFFITI
03/06/06 27911 JEFFERSON REMOVED 15 S.F. OF GRAFFITI
03/06/06 NO. GENERAL KEARNY AT NICOLAS REMOVED 48 S.F. OF GRAFFITI
03/07/06 27423 YNEZ ROAD REMOVED 5 S.F. OF GRAFFITI
03/07/06 SANTIAGO BRIDGE REMOVED 60 S.F. OF GRAFFITI
03/07/06 PIO PICO AT AMARIT A REMOVED 40 S.F. OF GRAFFITI
03/07/06 VIA RIO TEMECULA / A VENIDA DE MISSIONES REMOVED 6 S.F. OF GRAFFITI
03/07/06 VIA CORDOBA AT VIA DEL CORONADO REMOVED 16 S.F. OF GRAFFITI
03/07/06 MUlRFIELD DRIVE AT PECHANGA PARKWAY REMOVED 6 S.F. OF GRAFFITI
R:\MAINT AIN\WKCMPL TD\GRAFFlTJ\OS.06\MARCH
~;;i\,i_ i'.iiD ,DiTiiii,;<;D)< 1.<.".;,..'< . ." ," >
DATE ,'. i ". '. i";;;!i.;i ,'i.,.'.'" '<"Y'.;DW!
03/07/06 CALLE PINA COLADA REMOVED 4 S.F. OF GRAFFITI
03/07/06 ENFIELD AT RIVERTON REMOVED 5 S.F. OF GRAFFITI
03/08/06 PIO PICO AT AMERIT A REMOVED 210 S.F. OF GRAFFITI
03/08/06 MIRA LOMA AT EDISON PLANT REMOVED 885 S.F. OF GRAFFITI
03/09/06 WINCHESTER CREEK AT RUSTIC GLEN REMOVED 36 S.F. OF GRAFFITI
03/09/06 PUJOL STREET AT MAIN STREET REMOVED 40 S,F. OF GRAFFITI
03/10/06 SANTIAGO AT QUIET MEADOW REMOVED 6 S.F. OF GRAFFITI
03/I 3/06 6TH STREET AT FELIX VALDEZ REMOVED 50 S.F. OF GRAFFITI
O3/I3/06 PUJOL LOT REMOVED 20 S.F. OF GRAFFITI
03/I 3/06 MIRA LOMA AT EDISON PLANT REMOVED 145 S.F. OF GRAFFITI
O3/I3/06 K MART ON YNEZ REMOVED 25 S.F. OF GRAFFITI
03/I3/06 28860 FRONT STREET REMOVED 20 S.F. OF GRAFFITI
03/13/06 VIA NORTE AT CALLE PINA COLADA REMOVED 5 S.F. OF GRAFFITI
03/I 5/06 CAMPANULA AT SUNNY MEADOWS REMOVED 55 S.F. OF GRAFFITI
03/I 5/06 VIA PUEST A DEL SOL AT PASO RA YO DEL SOL REMOVED 104 S.F. OF GRAFFITI
03/16/06 YNEZ COURT ON STORAGE BUILDINGS FACING YNEZ RD. REMOVED 1,395 S.F. OF GRAFFITI
03/I 6/06 SASSARI COURT AT CAPRI WAY REMOVED 90 S.F. OF GRAFFITI
03/16/06 DEL REY W/O PINA COLADA REMOVED 70 S.F. OF GRAFFITI
03/I 7/06 NO. GENERAL KEARNY BRIDGE REMOVED 300 S.F. OF GRAFFITI
03/20/06 TARGET CENTER REMOVED 42 S.F. OF GRAFFITI
03/20/06 NO. GENERAL KEARNY AT CAMINO CAMPOS VERDES REMOVED 380 S.F. OF GRAFFITI
03/20/06 FELIX VALDEZ AT 6TH STREET REMOVED 225 S.F. OF GRAFFITI
03/20/06 PUJOL STREET AT MAIN STREET REMOVED 425 S.F. OF GRAFFITI
03/20/06 28465 OLD TOWN FRONT STREET REMOVED 155 S.F. OF GRAFFITI
03/20106 GRANNY'S ANTIQUES / FELIX VALDEZ REMOVED 460 S.F. OF GRAFFITI
03/20/06 LOMA LINDA AT VIA DEL CORONADO REMOVED 10 S.F. OF GRAFFITI
03/20/06 CAMINO OLITEATWOLFVALLEY REMOVED 45 S.F. OF GRAFFITI
03/20/06 DIAZ AT RANCHO CALIFORNIA ROAD REMOVED 25 S.F. OF GRAFFITI
R:\MAINTAIN\WKCMPLTD\GRAfFJTIIO;'i.06IMARCH
, .....', ,.. ');':.;.;.W._Y... \......\.'j.w6i... ...' .....'...','
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03/20106 YNEZ AT OVERLAND REMOVED 6 S.F. OF GRAFFITI
03/2 I 106 RAINBOW CREEK BRIDGE REMOVED 667 S.F. OF GRAFFITI
03/21/06 RANCHO WEST APARTMENTS ON PUJOL STREET REMOVED 49 S.F. OF GRAFFITI
03/2 1/06 APPLEBEE'S ON HWY 79 SO. REMOVED 20 S.F. OF GRAFFITI
03/21/06 SHARON STREET AT LIANNE COURT REMOVED 75 S.F. OF GRAFFITI
03/21/06 JEFFERSON SIO DEL RIO (FAST SIGNS) REMOVED 365 S.F. OF GRAFFITI
03/21/06 KOHL'S ON HWY 79 SO. REMOVED 69 S,F. OF GRAFFITI
03/22/06 MIRA LOMA AT EDISON PLANT REMOVED 920 S.F. OF GRAFFITI
03/22/06 NICOLAS ROAD AT NO. GENERAL KEARNY REMOVED 125 S.F. OF GRAFFITI
03/22/06 28800 FRONT STREET REMOVED 245 S.F. OF GRAFFITI
03/22/06 JOSEPH ROAD AT SANTA GERTRUDIS CREEK REMOVED 45 S.F. OF GRAFFITI
03/22/06 40945 WINCHESTER REMOVED 10 S,F. OF GRAFFITI
03/27/06 TARGET CENTER REMOVED 346 S.F. OF GRAFFITI
03/27/06 SANTA GERTRUDIS CREEK AT WINCHESTER REMOVED 362 S.F. OF GRAFFITI
03/27/06 1-15 AT WINCHESTER REMOVED 226 S.F. OF GRAFFITI
03/27/06 A VENIDA DE MISSIONES REMOVED 700 S.F. OF GRAFFITI
03/27/06 RENAISSANCE VILLAGE PUJOL STREET N/O MAIN ST E/S REMOVED JO S.F. OF GRAFFITI
03/27/06 28500 PUJOL STREET BEHIND BLOCK WALL REMOVED 140 S.F. OF GRAFFITI
03/27/06 I ST STREET BRIDGE UNDERSIDE REMOVED 56 S.F. OF GRAFFITI
03/27/06 28322 OLD TORN FRONT STREET IN ALLEY REMOVED 4 S.F. OF GRAFFITI
03/27/06 BUTTERFIELD STAGE BRIDGE REMOVED 1,335 S.F. OF GRAFFITI
03/27/06 BUTTERFIELD STAGE ROAD UNDER BRIDGE REMOVED 18 S.F. OF GRAFFITI
03/27/06 TEMECULA LANE AT TEMECULA CREEK SLOPES REMOVED 112 S.F. OF GRAFFITI
03/27/06 WINCHESTER AT RUSTIC GLEN UNDER BRIDGE REMOVED 45 S.F. OF GRAFFITI
03/28/06 29502 SOLANA REMOVED 15 S.F. OF GRAFFITI
03/29/06 YNEZ AT PREECE REMOVED 8 S.F. OF GRAFFITI
03/29106 MIRA LOMA AT EDISON STATION REMOVED 300 S.F. OF GRAFFITI
03/29/06 MARGARITA AT RANCHO VISTA REMOVED JO S.F. OF GRAFFITI
R:\MAINTAIN\WKCMPLTD\GRAFFfTlIO).06\MARCH
'..,i.....<..<_.'.'.<.'.,.." <i.\...> "
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03/29/06 WOLF V ALLEY ROAD REMOVED 90 S.F. OF GRAFFITI
03/29/06 PECHANGAPARKWAY REMOVED 134 S.F. OF GRAFFITI
03/3l/06 CALLE MEDUSA AT LA SERENA REMOVED 36 S,F. OF GRAFFITI
TOTAL S.F. GRAFFITI REMOVED 14.040
TOTAL LOCATIONS 82
R;\MAJNT AIN\WKCMPLTDlGRAFFlTJIO).O(,IMARCH
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........~~ .o<';1--,1--,-<r:cnOZO
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
ASPHALT (POTHOLES) REPAIRS
MONTH OF MARCH, 2006
L: ..,y",i%;'~;;,frif.(f~~~f_ ff)!i0;~~';';'~: f~i:f;!~~II'~I~~ii~~~~lfci.rif TOTAL
VALl;, ,',. !ii . fXi; 'f ";f', f'ffff '.','.'.. 'T I.XY!"W'Y TONS
. . ,.'...fK!y!e!
03/0 1/06 DIAZ ROAD AND A VENIDA ALVARADO POTHOLES 12 TEMP AC
03/0 1106 RAINBOW CANYON ROAD AT GOLF COURSE POTHOLES 8 TEMP AC
03/01/06 JEDEDIAH SMITH POTHOLES 6 TEMP AC
03/01/06 ASTEROID AT RANCHO CALIFORNIA ROAD POTHOLES 6 TEMP AC
03/02/06 MARGARITA ROAD AT RANCHO VISTA ROAD POTHOLES 4 TEMP AC
03/02/06 NICOLAS ROAD AC OVERLAY 929 5
03/02/06 RAINBOW CANYON ROAD ACOVERLAY 274 t
03/06/06 OLD TOWN AC OVERLAY 235 2.5
03/08/06 OLD TOWN AC OVERLAY 315 3
03/09/06 PAUBA / NICOLAS ROAD AC OVERLAY 1,295 5
03/l5/06 CORTE SALINAS R&RA.C. 108 4.5
03/l6/06 MARGARITA AT SOLANA R & R A.C. 48 5.5
03/l6/06 TIERRA VISTA AT RIO NEDO A.C. OVERLAY 123 t
03/20/06 RAINBOW CANYON ROAD E.P. REPAIR 320 4.5
03/22/06 RANCHO VISTA W/O BUTTERFIELD STAGE ROAD A.C. OVERLAY 1,084 5.5
03/23/06 RANCHO VISTA AT CALLE RESACA A.C. OVERLAY 860 2.5
03/27/06 BUTTERFIELD STAGE ROAD AT RANCHO VISTA A.C. OVERLAY 848 4
TOTALS.F.OFREPAIRS 6.475
TOTAL TONS 42
R:\MAINTAINIWKCMPL TD\ASPHALT.RrR\O~.06\
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
CATCH BASIN MAINTENANCE
MONTH OF MARCH, 2006
DATE ..;ci>iiMis;s.!,.,_"CiC;RII.'y'C);>Y2SSS_'.,..".,C,.",'.'",,> .
03/01/06 CITYWIDE CLEANED & CHECKED 39 CATCH BASINS
03/02/06 CITYWIDE CLEANED & CHECKED IS CATCH BASINS
03/06/06 CITYWIDE CLEANED & CHECKED 18 CATCH BASINS
03/07106 AREA #2 CLEANED & CHECKED 18 CATCH BASINS
03107/06 CITYWIDE "RAIN" CLEANED & CHECKED IS CATCH BASINS
03/09106 AREA #2 CLEANED & CHECKED 6 CATCH BASINS
03/13/06 CITYWIDE CLEANED & CHECKED 14 CATCH BASINS
03/15/06 AREAS #1 & #2 CLEANED & CHECKED 7 CATCH BASINS
03120/06 CITYWIDE CLEANED & CHECKED 18 CATCH BASINS
03/21/06 CITYWIDE CLEANED & CHECKED 32 CATCH BASINS
03/23/06 AREAS #1 & #2 CLEANED & CHECKED 32 CATCH BASINS
03/27106 CITYWIDE CLEANED & CHECKED 15 CATCH BASINS
03/28/06 AREA #2 CLEANED & CHECKED 26 CATCH BASINS
03/29/06 CITYWIDE "RAIN" CLEANED & CHECKED 7 CATCH BASINS
TOTAL CATCH BASINS CLEANED & CHECKED 262
R:\MAINTAIN\WKCMPLETD\CA TCHBASI05.06\MARCH
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY TREE TRIMMING
MONTH OF MARCH, 2006
~ i ",'!ilii~l;[Jli,d_;;;;;)W!)(i; X;".~ ; , '-- ,
I
03/07/06 RANCHO VISTA AT MIRA LOMA TRIMMED 2 R.O.W. TREES
03/1 0/06 V AIL RANCH TRIMMED 3 R.O.W, TREES
TOTAL R.O.W. TREES TRIMMED ~
R:\MAINTAIN\WRKCOMPLTDlTREES\05.06\MARCH.06
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SERVICE ORDER REQUEST LOG
MONTH OF MARCH, 2006
DATE DATE WORK
REC'D . ... ,..',' LQCA]IQl'l '., REQl]EST COMPLETED
02/17/06 31855 CALLE NOVELDA NEIGHBORHOOD WATCH SIGNS 02/1 7/06
02/28/06 RANCHO CALIFORNOIA ROAD AT MARGARITA TREE TRIM 03/01/06
02/28106 30835 LOLITA ROAD MUD 03/01/06
02/28106 BUTTERFIELD STAGE ROAD & LA SERENA 2 MATTRESSES 02/28/06
03/02/06 42591 ESMERADO COURT ROOT PRUNE 03/20/06
03/03106 31928 CERCLE CHAMBERTIN TREE TRIMMING 03/03/06
03/06/06 RANCHO CALIFORNIA ROAD AT HOPE WAY DEBRIS REMOVAL 03/06/06
03107/06 30360 COLINA VERDE TREE TRIMMING 03/07/06
03107/06 30960 JEDEDIAH SMITH TREE REMOVAL 03/07/06
03/07/06 43318 CIELO DE AZUL TREE TRIMMING 03/07/06
03/07/06 CORTE ALMERIA SNS MISSING 03/07/06
03107/06 PAUBA AT MARGARITA POTHOLE 03/0706
03/10106 45884 HOPACTONG DEBRIS REMOV AL 03/1 0/06
03/1 0/06 31024 OAK HILL DRIVE TREE PLANTING 03/1 0/06
03/10/06 33042 ROMERO DRIVE DOWN TREE 03/10/06
03/13106 PAUBA ROAD AT VIA DEL MONTE POTHOLES 03/13/06
03/13/06 NICOLAS ROAD ROAD GRADING 03/13/06
03113/06 LIEFER ROAD ROAD GRADING 03/13/06
03/14/06 WINCHESTER ROAD POTHOLE 03/14106
03/15/06 30360 COLINA VERDE A.C. REPAIRS 03/15/06
03/15/06 42114 SWEET SHADE LANE DEBRIS REMOVAL 03/15/06
03/16/06 43522 TIRANO DRIVE OIL SPILL 03/16/06
03/17/06 30099 LA PRIMAVERA TREE TRIMMING 03/17106
03/17/06 KOHL'S ON HWY 79 SO. SIGN DOWN 03/17/06
03/17106 CAMINO SAN DIMAS TREE TRIMMING 03/17/06
R:\MAINT AIN\WRKCOMPLTDlSORSIO.:l.OfiIMARCl-IJ)()
..,".....'. . '.",..,.... ... .....;0;. .0i{',!'" I....e i0~i2<. "0>
DATE ? ./..i,{ DATEWORK
[i.i!! ..'.'.,.. . '.",
REC'D '. , ' '., .. ',." COMPLETED
03/20/06 33040 ANASAZI DRIVE TREE TRIMMING 03/20/06
03/20/06 DEL RIO ROAD DEBRIS PICK-UP 03/20/06
03/20/06 PEACH TREE POTHOLE 03/20/06
03/20/06 31359 BRITTON CIRCLE ROOT PRUNING 03/20/06
03/22/06 42368 RIO NEDO DRIVE STANDING WATER 03/22/06
03/22/06 CABO STREET AT VALLEJO TREE TRIMMING 03/22/06
03/23/06 29685 VIA MONDO WATER LINE BROKEN 03/23/06
03/23/06 STARLIGHT RIDGE TREE TRIMMING 03/23/06
03/23/06 30184 MIRA LOMA TREE TRIMMING 03/23/06
03/24/06 41872 CASCADE COURT A.C. REPAIR 03/24/06
03/24/06 46169 JOHN WILLIAM WAY DEBRIS PICK-UP 03/24/06
03/24/06 32012 CAMINO MAREA ROOT PRUNING 03/24/06
03/24/06 42235 AGENA STREET TREE TRIMMING 03/24/06
03/24/06 31600 CORTEPADRERA LIFTED SIDEWALK 03/24/06
03/27/06 CORTE EL DORADOO S.N.S. MISSPELLED 03/27/06
03/28/06 RANCHO CALIFORNIA RD. AT BUSINESS PARK DRIVE DEBRIS REMOVAL 03/28/06
03/29/06 41731 BOREALIS DRIVE TREE DOWN 03/29/06
TOTAL SERVICE ORDER REQUESTS 42
I
R:\MAINTAIN\WRKCOMPLTDlSORS\05.06\MARCH.06
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
MONTH OF MARCH, 2006
HA'I'l<, .....,.e,.e;v;u....', -"5 " 'i .'.. '..".,.. '.'
i.......u... ',.2!>......
03/02/06 VILLAGE ROAD AT TOWNSHIP ROAD REPAIR 2 SIGNS
03/02/06 SOLANA 250' PAST MARGARITA ROAD INSTALL I SIGN
03/02/06 VIA EDUARDO AT END OF STREET REPLACE I SIGN
02/03/06 WINCHESTER ROAD E/O YNEZ ROAD REPAIR 2 SIGNS
03/06/06 MAIN STREET BRIDGE REPLACE 2 DELINEATORS
03/07/06 MIRA LOMA AT RANCHO VISTA REPLACE R4-7
03/07/06 DE PORTOLA AT LA PAZ REPLACE R-l
03/07/06 PECHANGA PARKWAY REPLACE R2-50
03/08/06 WINCHESTER AT YNEZ REPLACE R4-7
03/09/06 VIA ALHAMBRA AT CORTE ARGENTO INSTALLED 3N.W.S.
03/09/06 JEFFERSON N/O WINCHESTER REPLACED 2 R4-7, 2 "K" MARKERS
03/13/06 MARGARITA AT SOLANA REPLACED R4-7, "K"MARKER
03/1 3/06 OVERLAND AT YNEZ REPLACED R4-7, "K"MARKER
03/1 4/06 WINCHESTER AT ENTERPRISE CIRCLE NORTH REPLACED R-26
03/1 4/06 CAMINO GALLEGOS AT VIA ALLRIZO REPLACED S.N.S.
03/14/06 CALLE BALLENTINE AT MONTELEGRO REPLACED R-l
03/1 4/06 SWALLOW COURT AT RORIPAUGH RANCH REPLACED S.N.S.
03/15/06 REDHAWKAREA REPLACED 5 R-26, 2 R4-7, R-I, SNS
03/1 6/06 MEADOWS N/O McCABE REPLACED 4 R4-7, 4 "K" MARKERS
03/20/06 CITYWIDE REPAIR II SIGNS
03/21/06 CAMPANULA S/O DE PORTOLA REPLACE R-26
03/21/06 CALLE PIEDRA ROJO REPLACE RI-I
03/21/06 V AIL RANCH PARKWAY AT CALLE PIEDRA ROJO REPLACE R4-7
R:\MAINT AINIWKCMPLTDlSIGNS\.05.06\MARCH.06
i;; ,'..eLi'.. (J~~iNiJ\{ij;j;i;i!{iC\'''\;! ~;' " ,
DATE i', << ..'" <<!J!;
03/21/06 MARGARITA AT MORAGA INSTALL "C"PKG
03/21/06 NICOLAS AND WALCOTT REPLACED 24 CARSONITES
R4-7, R3-4, 3 TYPE "K", RIO-20A,
03/22/06 WINCHESTER AT YNEZ INSTALLED 2 RIO-ll
03123/06 REDHA WK AREA REPLACE 4 SIGNS
03/28/06 REDHA WK AREA REPLACE 5 R-26, W-17
03/29/06 BUSINESS PARK DRIVE REPLACE 6S.N.S.
03/29106 REDHAWKPARKWAY AT PASEOPARALLON REPLACE W-31, 2 R-26
,
TOTAL SIGNS REPLACED -2l!
TOTAL SIGNS INSTALLED ---1J
TOTAL SIGNS REPAIRED ~
R:\MAINT AIN\WKCMPLTD\SIGNS\.05.06\MARCH.06
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
STENCILS / STRIPING
MONTH OF MARCH, 2006
DATE ij'.,. ..'."".'.'i.j;.;j'~;j;jii~ i,?? ,"..',...'? l\;''!;;;;i~~ili i.,..';, ".
.."...... i,! ii';ii;i<"'<<j:'i I" ' "
03/02106 VIA EDUARDO - PECHANGA PARKWAY TO PARSIPPANY COURT INSTALL 200 LF. RED CURB
TOTAL NEW & REPAINTED LEGENDS --.!!
NEW & REPAINTED RED CURB & STRIPING L.F. 200
R:\MAINT AIN\WRKCOMPLTD\STRIPINGl05.06\MARCH.06