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Home My WebLink AboutCity Council & SA Regular Agenda Packet 02-11-2014City of Lake Elsinore hits• Ii Oaf Regular Agenda City Council NATASHA JOHNSON, MAYOR STEVE MANOS, MAYOR PRO TEM BRIAN TISDALE, COUNCIL MEMBER DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER GRANT YATES, CITY MANAGER Tuesday, February 11, 2014 CLOSED SESSION at 5:00 PM City Hall, Conference Room A 130 S. Main St., Lake ElsinorE CALL TO ORDER 5:00 P.M. ROLL CALL PUBLIC COMMENTS CITY COUNCIL CLOSED SESSION 7:00 PM CONFERENCE WITH REAL PROPERTY NEGOTIATOR LAKE-ELSINORE.ORG (951) 674-3124 PHONE EVMWD BOARDROOM 31315 CHANEY STREET LAKE ELSINORE, CA 92530 (Gov't Code Section 54956.8) Property: APN #370-120-045 Agency negotiator: City Manager Yates Negotiating parties: City of Lake Elsinore and Richard Kane & Darlene Ryan Under negotiation: Price and terms of payment PUBLIC SESSION at 7:00 PM EVMWD Boardroom 31315 Chaney St., Lake Elsinore EVMWD Boardroom City of Lake Elsinore Page 1 Printed on 21612014 City Council Regular Agenda February 11, 2014 The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view the meetings on Channel 31. Due to the seismic retrofit of the Cultural Center, the City Council has moved its regular meeting location to the Elsinore Valley Municipal Water District (EVMWD) Boardroom located at 31315 Chaney Street, Lake Elsinore. All parking for these meetings is free and is located along Treleven Avenue or at the gravel parking lot on the northwest corner of Treleven and Gedge Avenue. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at the City Clerk's Office on the Friday prior to the Council meeting and are available on the City's website at www.lake-elsinore.org. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the City Council. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Office at (951) 674 3124 Ext. 262, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. City o/ Lake Elsinore Page 2 Printed on 2/6/2014 City Council Regular Agenda February 11, 2014 CALL TO ORDER - 7:00 P.M. — EVMWD Boardroom, 31315 Chaney St., Lake Elsinore PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION REPORT PRESENTATIONS / CEREMONIALS PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE (Please read & complete a Request to Address the City Council form prior to the start of the City Council meeting and turn it into the City Clerk. The Mayor will call on you to speak.) CONSENT CALENDAR (All matters on the Consent Calendar are approved in one motion, unless a Council Member or any member of the public requests separate action on a specific item.) ID# 14-012 Approval of Minutes Recommendation: It is recommended that the City Council approve the Minutes as submitted. Attachments: Staff Rpt Minutes for Approval 01-28-2014 Council Minutes ID# 14-014 Warrant List Dated January 30, 2014 Recommendation: It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated January 30, 2014 Attachments: Warrant City staff report 1-30-14 Warrant City summary & list 1-30-14 City of Lake Elsinore Page 3 Printed on 21612014 City Council Regular Agenda February 11, 2014 ID# 14-015 Memorandum of Understanding with LIUNA Local 777 for July 1, 2013 to June 30, 2017 Recommendation: It is recommended that the City Council adopt Resolution No. 2014-007 approving the Memorandum of Understanding and the side agreement with the non-union represented employees for the period of July 1, 2013 to June 30, 2017. Attachments: Staff Report - MOU 2013-2017 2014-007 CC Reso Final MOU 2013-2017 FINAL ID# 14-016 Award of Contract Hartzog & Crabill for On -Call Traffic Operations Services Recommendation: It is recommended that the City Council authorize the City Manager to execute a professional services agreement with Hartzog & Crabill in an amount not to exceed $30,000 annually for the the provision of on-call traffic operations services subject to minor modifications approved by the City Attorney. Attachments: On -Call Traffic Operations - Council Report On -Call Traffic Operations Agreement w Exhibits ID# 14-017 Amended and Restated City Clerk Employment Agreement Recommendation: It is recommended that the City Council adopt Resolution No. 2014-008 A Resolution of The City Council of The City of Lake Elsinore, California Approving An Amended And Restated City Clerk Employment Agreement. Attachments: Staff Report re City Clerk contract Reso 2014-008 City Clerk's Contract City Clerk Amend Restated Employment Contract PUBLIC HEARING(S) None APPEAL(S) None BUSINESS ITEM(S) ID# 14-018 Appointments to the Public Safety Advisory Commission Recommendation: It is recommended that the City Council receive the nominations of its sub -committee and vote on the applicants for appointment to fill the 4 vacant seats (3 full terms of 4 years each and 1 short term of 2 years) on the Public Safety Advisory Commission. Attachments: Staff Report PSAC Appointments City of Lake Elsinore Page 4 Printed on 2/6/2014 City Council Regular Agenda February 11, 2014 PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTE (Please read & complete a Request to Address the City Council form prior to the start of the City Council meeting and tum it into the City Clerk, The Mayor will call on you to speak.) CITY MANAGER COMMENTS ID# 14-019 Perpetual Calendar Attachments: 2-6-2014 CITY ATTORNEY COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn this meeting to the next regularly scheduled meeting of Tuesday, February 25, 2014. The regular Closed Session meeting will be held at 5:00 p.m. at City Hall and the regular Public meeting will be held at 7:00 p.m. at the Elsinore Valley Municipal Water District (EVMWD) Boardroom located at 31315 Chaney Street, Lake Elsinore, CA. AFFIDAVIT OF POSTING I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall 72 hours in advance of this meeting. Virginia J. Bloom, City Clerk City of Lake Elsinore Page 5 Printed on 2/6/2014 LEjKE rl S[110lkE City of Lake Elsinore Regular Agenda Successor Agency NATASHA JOHNSON, CHAIR STEVE MANOS, VICE -CHAIR BRIAN TISDALE, AGENCY MEMBER DARYL HICKMAN, AGENCY MEMBER ROBERT MAGEE, AGENCY MEMBER GRANT YATES, EXECUTIVE DIRECTOR Tuesday, February 11, 2014 7:00 PM CLOSED SESSION - None PUBLIC SESSION at 7:00 PM EVMWD Boardroom 31315 Chaney St., Lake Elsinore LAKE-ELSINORE.ORG (951) 674-3124 PHONE EVMWD BOARDROOM 31315 CHANEY STREET LAKE ELSINORE, CA 92530 The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view the meetings on Channel 31. Due to the seismic retrofit of the Cultural Center, the Successor Agency has moved its regular meeting location to the Elsinore Valley Municipal Water District (EVMWD) Boardroom located at 31315 Chaney Street, Lake Elsinore. All parking for these meetings is free and is located along Treleven Avenue or at the gravel parking lot on the northwest corner of Treleven and Gedge Avenue. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at the City Clerk's Office on the Friday prior to the Successor Agency meeting and are available on the City's website at www.lake-elsinore.org. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the City Council. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Office at (951) 674 3124 Ext. 262, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. City of Lake Elsinore Page 1 Printed on 2/6/2014 Successor Agency Regular Agenda February 11, 2014 CALL TO ORDER 5:00 P.M. None ROLL CALL PUBLIC COMMENTS (Please read & complete a Request to Address the Successor -Agency form prior to the start of the meeting and tum it into the Agency Clerk. The Chair will call on you to speak.) SUCCESSOR AGENCY CLOSED SESSION None CALL TO ORDER - 7:00 P.M. — EVMWD Boardroom, 31315 Chaney St., Lake Elsinore ROLL CALL CLOSED SESSION REPORT None PRESENTATIONS / CEREMONIALS None PUBLIC COMMENTS — NON-AGENDIZED ITEMS —1 MINUTE (Please read & complete a Request to Address the Successor Agency form prior to the start of the meeting and tum it into the Agency Clerk. The Chair will call on you to speak.) CONSENT CALENDAR (All matters on the Consent Calendar are approved in one motion, unless a Council Member or any member of the public requests separate action on a specific item.) ID# 14-020 Approval of Minutes Recommendation: It is recommended that the Successor Agency approve Minutes as submitted. Attachments: SA Staff Rpt Minutes for Approval 01-28-2014 SA Minute City of Lake Elsinore Page 2 Printed on 2/6/2014 Successor Agency Regular Agenda February 11, 2014 ID# 14-021 Warrant List Dated January 30, 2014 Recommendation: It is recommended that the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Warrant List dated January 30, 2014. Attachments: Warrant SA RDA staff report 1-30-14 Warrant SA RDA Summary & List 1-30-14 PUBLIC HEARING(S) APPEAL(S) BUSINESS ITEM(S) None None None PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Request to Address the City Council form prior to the start of the City Council Meeting and tum it in to the City Clerk. The Mayor will call on you to speak.) CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS CITY COUNCIL. COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn this meeting to the next regularly scheduled meeting of Tuesday, February 25, 2014. The regular Closed Session meeting will be held at 5:00 p.m. at City Hall and the regular Public meeting will be held at 7:00 p.m. at the Elsinore Valley Municipal Water District (EVMWD) Boardroom located at 31315 Chaney Street, Lake Elsinore, CA. AFFIDAVIT OF POSTING I, Virginia J. Bloom, Agency Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall 72 hours in advance of this meeting. VirginiaO. BloonY, Agency Clerk City of Lake Elsinore Page 3 Printed on 21612014 AGENDA COVER SHEET MEETING OF I City Council Redevelopment Agency F-1 Other } !I DEPARTMENT: CONSENT:LC APPEAL BUSINESS: C� RESOLUTION: a ORDINANCES PUBLIC HEARING ATTACHMENTS: J ►''t� jvir n �i1({L� b� r3'lY'G`(�� /ll r'�i�'2. Report emailed to Cleric ■ a a a .... ■ a■. a a. s a a. a a a a a 0 a a a a a. w K a a. 0 a a.■.■ .... ■ a■ a■■ K a a.■.■ a E 1 FOLLOW UP DIRECTION: a a 0,$g s a s a a a 40 000 a s . A a a . ■. a a a a■. a a a a 0 0 0 0. a.■■ 0 0 0 0. a a 0 w a a s a a■■ a a■■ 0 0 .. w a l Submitted by: Approved by: Date: Department Head: Date:�- G Finance Director: Date: City Manager: Date: �1 CITY OF LAKE,9, LSI1`IOIZE M DREAM EXTREME - REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M YATES CITY MANAGER DATE: JANUARY 14, 2014 SUBJECT: NOTICE OF COMPLETION- ELM STREET PAVEMENT, PHASE II PROJECT NO. 4385-2 Recommendations 1. Accept the improvements into the City maintained road system 2. Direct staff to file the Notice of Completion with the County Recorder's Office 3. Direct staff to release any remaining retention funds 35 days after filing of the Notice of Completion 4. Authorize transfer of project fund balance to Main Street Overlay Project No. 4405 Background The construction of Elm Street was identified in the Fiscal Year 2013/14 Capital Improvement Program. Elm Street Pavement — Phase II was the final phase of a two part project. Diamond Circle Paving was Phase I of the project; it was completed first to avoid conflicts with Storm Baseball season. The Elm Street design was completed at the end of June and the bids were publically opened on August 5, 2013. City Council awarded the construction contract to Marathon General, Inc. on August 13, 2013. The Notice to proceed with construction was issued for October 21, 2013. Discussion Marathon General, Inc. timely completed the contract and change order work on November 29, 2013 in conformance with the approved plans and specifications. Contract Change Order No. 1 (CCO #1) was issued by the city for the adjustment of quantities and added export material; there was no resulting increase in project cost. AGENDA ITEM NO. 9 Page 1 of 8 Page 2 Notice of Completion January 14, 2014 The low construction bid and oversight by inspection staff provided for project savings of approximately $63,583.00. It is requested that these funds be transferred to the Main Street Overlay Project, No. 4405. The project is identified as an active, underfunded project in the FY 2013/2014 Capital Improvement Program; it is currently out for bid with construction anticipated to commence in February 2014. As an underfunded improvement project, re -appropriation and use of unappropriated funds will be the primary sources of funding. Fiscal Im act The Elm Street construction budget was $304,000 and funded by: Fund 105 Miscellaneous (Construction) $300,000.00 Project Expenditures: Marathon General, Inc. $208,665.00 GeoMat Testing Laboratories, Inc. $ 7,252.00 TKE Engineering, Inc. $ 2,500.00 Inspection and Contract Administration $ 18,000.00 $236,417.00 Balance to re -appropriate for Main Street Overlay Project 4405 $ 63,583.00 Prepared by: Peter Ramey (520Z, Project Engineer j Approved by: .. Ati Eskandari Interim Director of Public Works Approved by: Nancy Lassey 11W Finance Manager Approved by: Grant M. Yates(�/ City Manager �a Attachments: Vicinity Map Notice of completion Contract Change Order 1 (Final) Page 2 of 8 VICINITY MAP ELM STREET PAVEMENT - PHASE II PROJECT 4385-2 D '.. '., '.. W PROJECT SITE Page 1 of 8 Page 4 of 8 Page 6 of 9 John C. Herrera From: Alvaro Marroquin <Alvaro@granicus.com> Sent: Tuesday, February 11, 2014 5:16 PM To: John C. Herrera; Jessy Gonzalez Subject: Loading Multiple Events in LiveManager Importance: High John, The process is pretty easy as listed below. Let me know if you have questions. 1. Load and Open LiveManager 2. Click the Load Meeting (yellow folder) and select the Successor Agenda 3. Click the Load Meeting Agenda button again and select the City Council Agenda 4. Start the City Council meeting when it is called to order - manage the council meeting as needed. 5. When ready, click the dropdown list button and select the Successor Agenda - the Council meeting will automatically pause and the Successor event will begin to record 6. When ready click the dropdown list button and select the City Council Agenda - when the Council meeting adjourns, click the Stop button and both meetings will compile and upload accordingly p.s. Every time the LiveManager operator switches the agenda, the recording will pause so only switch if necessary. Meeting Running Time Remaining: 07:59:39 Board Room 4 City Council J� A 9eeting Pause Extend _ Agenda Iten Successor Agency on 2014-02-11 7:00 PM ends .� City CouncilrsFaacr agenda item x ALVARO MARROQUIN I PROJECT MANAGER Granicus Inc 600 Harrison Street, Suite 120 San Francisco, CA 94107 work: 415.357.3618 x1144 I cell: 415.306.1649 Follow Us! Blog I Twitter I Face.book I Linkedln M1101M- Organization Represented: D PLEAM EXT UM 1✓ REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Address Print Phone ► I wish to address Agenda Item No. (Comments limited to 3 minutes) ?(?,� -.5014 .V ► I wish to comment on the following non-agendized item at the beginning of the meeting: (comments limited to 1 minute) ► 1 wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) 1 11 Date a Signature\ The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY OF L A K �, E ;` bi ` fit DREAM EXTREME REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) t� Name: Please Print � Organization Represented: r`2. Ct A dr ss �,f._.GPh�ne F i ► I wish to address Agenda Item No. . (Comments limited to 3 minutes) ► 1 wish to comment on the following non-agendized item at the beginning of the meeting: (Comments limited to 7 minute) j t}� F:.. 7Ih,i_... , Ps' i'° /"a) �!e—€F/ A ► I wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) r, Date bF `"�� Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! Virginia Bloom From: Grant Yates Sent: Tuesday, February 11, 2014 11:38 AM To: Virginia Bloom Subject: FW: Public Safety Commission candidate Chris Hyland Importance: High FYI Grant Yates City Manager City of Lake Elsinore PH:(951) 674-3124 Ext. 361 From: MICHAEL AND PAULIE [mailto:greatfull@msn.com] Sent: Tuesday, February 11, 2014 11:31 AM To: Natasha Johnson; Robert Magee; Brian Tisdale; Grant Yates Subject. Public Safety Commission candidate Chris Hyland Importance: High Mr. Yates: RE: ID# 14-018 Appointments to the Public Safety Advisory Commission PLEASE READ OUR COMMENTS DURING TONIGHTS COUNCIL MEETING Honorable Mayor Johnson and Council: We are asking you to appoint Ms. Christine Hyland tonight to the Public Safety Advisory Commission. Ms. Hyland is an upstanding, honest, active member of our community and has been concerned with safety issues in and around Lake Elsinore for over 26 years. We believe Chris is a natural fit for PSAC and the City will benefit with her as a commissioner. Thank you, Paulie Tehrani and Sharon Gallina Alberhill Ranch Ash Street Block Captains I City Council DEPARTMENT: CONSENT: APPEAL LTJ BUSINESS: AGENDA COVER SHEET MEETING OF Redevelopment Agency F-1 Other RESOLUTION: L] ORDINANCES F—] PUBLIC HEARING r ATTACHMENTS: Report emailed to Clerk Ia000w00000aaaaaaaaaaaa0Mw0M0aaaaaaaa0E0Maaasaaaaaa0a00000aa0x0E0aaaaaaas FOLLOW UP DIRECTION: Submitted by: �.�'. l00fi-1 Date: Approved by: Department Head: Date: Finance Director: Date: City Manager: Date: d Oc" / y CITY 01 TT r RT .- :. �► D REA[Vt T RL M E REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES, CITY MANAGER DATE: FEBRUARY 11, 2014 SUBJECT: APPOINTMENTS TO THE PUBLIC SAFETY ADVISORY COMMISSION Recommendation It is recommended that the City Council receive the nominations of its sub -committee and vote on the applicants for appointment to fill the 4 vacant seats (3 full terms of 4 years each and 1 short term of 2 years) on the Public Safety Advisory Commission. Discussion During this past year, the Public Safety Advisory Commission had been on hiatus due to a lack of quorum. A total of twelve applications were received for this recruitment. At the regular City Council meeting of January 14, 2014, the amended Ordinance redefining the scope of work for the Public Safety Advisory Commission was adopted. Upon scheduling interviews, several applicants withdrew their names from consideration. The applications of the remaining applicants have been provided to the City Council under separate cover. These nine applicants were interviewed by the Sub -committee: Myles Ross, Stephen Gregory, Valerie Sund, Christine Hyland, Jerry Carlos, Sandy Smith, Alex Ela, Anne Fees and Robert Mainwaring. The Council Sub -committee nominates the following Public Safety Advisory Commission applicants for consideration by the City Council: Myles Ross —full term Stephen Gregory — full term Valerie Sund — full term Christine Hyland — short term Fiscal Impact None. Prepared By: Virginia J. Bloom, City Clerk Approved By: Grant Yates, City Manager City Council DEPARTMENT: L�l CONSENT: APPEAL BUSINESS: AGENDA COVER SHEET MEETING OF � J 11- 96 I y F1Redevelopment Agency El Other RESOLUTION: F-1 ORDINANCES [1] PUBLIC HEARING ATTACHMENTS: Report emailed to Clerk w w w w w w E a w w w w w a w w w a a a w w w w w w w w w w■aw a as a a a a w a w w a w a E a a a a a a ■waaaaa w Ea E FOLLOW UP DIRECTION: w w w w w a a w w w w w w w w w w w w w w w a w w w w w w w w w a a w w w a M w a w w w a w w w w w w w w a w w w w w w w w w w w w a w w w a Submitted by: Ziatig rn Date. ,� —1 -;-0r1/ Approved by: Department Head: Finance Director: Date: Date: City Manager: Date: t "['Y Q . LAKE CPLS1A0PZ,,E DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: VIRGINIA J. BLOOM, CITY CLERK DATE: FEBRUARY 11, 2014 SUBJECT: APPROVAL OF MINUTES Recommendation It is recommended that the City Council approve the Minutes as submitted. Discussion The following minutes are submitted for approval: a. Regular City Council meeting of January 28, 2014 Prepared by: Diana Giron Deputy City Clerlr Approved and Submitted by: Approved by: Virginia J. Bloom City Clerk Grant Yates City Manager MINUTES CITY COUNCIL REGULAR MEETING CITY OF LAKE ELSINORE EVMWD BOARDROOM, 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 28, 2014 .................................................................................................................. CALL TO ORDER 5:00 P.M. - City Hall, Conf. Room A, 130 S. Main St., Lake Elsinore Mayor Johnson called the meeting to order at 5:00 ROLL CALL PRESENT: Mayor Johnson Mayor Pro Tem Manos Council Member Magee Council Member Tisdale ABSENT: Council Member Hickman Also present: City Attorney Leibold, City Manager Yates, and City Clerk Bloom. PUBLIC COMMENTS None. CITY COUNCIL CLOSED SESSION 1(a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov't Code §54957 (b)): City Clerk 1(b) CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code § 54957.6): Unrepresented employee: City Clerk City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss Agenda Item Nos. (1 a) and (1 b). The City Council recessed to Closed Session at 5:01 p.m. Closed Session adjourned at 6:00 p. M. CALL TO ORDER - 7:00 P.M. — EVMWD Boardroom, 31315 Chaney St., Lake Elsinore Mayor Johnson called the meeting at 7:00 p.m. PLEDGE OF ALLEGIANCE Regular City Council Minutes Meeting of January 28, 2014 Cub Scout Pac 30 and Boy Scouts Troop 30 led in the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Johnson Mayor Pro Tem Manos Council Member Magee Council Member Tisdale ABSENT: Council Member Hickman Page 2 of 7 Also present: City Manager Yates, City Attorney Leibold, City Clerk Bloom, Acting Finance Manager Lassey, Lake, Parks, & Recreation Director Kilroy, Interim Public Works Director Eskandari, Community Development Director Taylor, Planning Manager MacHott, Police Chief Kennedy -Smith, Fire Chief Barr, Superintendent DeSantiago, and Deputy City Clerk Giron. PRESENTATIONS / CEREMONIALS • Certificate of Recognition of Susan Reid • Recognition of Tenured Council Members • Presentation of Emergency Preparedness on a Budget Mayor Johnson presented a Certificate of Recognition to Susan Reid. Mrs. Reid stated that it was an honor and privilege to serve this community; and thanked Council for the opportunity to work for the City and assist the citizens of Lake Elsinore. Mayor Johnson presented a Recognition of Tenured to Council Member Magee for his ten (10) years of service to the City. Council Member Magee stated that it was a tremendous responsibility and privilege to look after the City's fiscal well-being, public safety, and help guide the future of this community. Emergency Services Coordinator Brickerwith Riverside County Fire, provided a presentation to Council. Ms. Bricker explained how to prepare for an emergency disaster on a budget. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session to discuss Item (1 a) and (1 b) and that there was no reportable action taken. PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE None Regular City Council Minutes Page 3 of 7 Meeting of January 28, 2014 CONSENT CALENDAR Council Member Magee requested to pull Item No. 5. (2) Approval of Minutes Recommendation: It is recommended that the City Council approve the Minutes of the Regular City Council Meeting of January 14, 2014. (3) Warrant List dated January 16, 2014 Recommendation: It is recommended that the City Council receive and file the Warrant List dated January 16, 2014. (4) Investment Report for November 2013 Recommendation: It is recommended that the City Council receive and file the Investment Report for November 2013. (6) Revised City Council Policy No. 400-2 (Use of Electronic Devices During City Council Meetin s Recommendation: It is recommended that the City Council adopt Resolution No. 2014-004 revising City Council Policy No. 400-02 (Use of Electronic Devices During City Council Meetings). (7) A Resolution of the City Council of the City of Lake Elsinore California Authorizing Application for Housing Related Parks Grant Recommendation: It is recommended that the City Council approve Resolution No. 2014-005 authorizing an application for Housing Related Parks Grant. Motion by Council Member Tisdale, second by Mayor Pro Tem Manos, to approve the Consent Calendar. Items 2-4 and 6-7 passed by unanimous vote as follows: AYES: Mayor Johnson, Mayor Pro Tem Manos, Council Member Magee, Council Member Tisdale NOES: None ABSENT: Council Member Hickman ABSTAIN: None Regular City Council Minutes Page 4 of 7 Meeting of January 28, 2014 CONSENT ITEMS PULLED (5) Award of Main Street Overlay Contract Recommendation: It is recommended that the City Council: A.) Award the construction of Main Street Overlay from Sulphur Street to Heald Avenue to KAD Engineering in the amount of $758,182.50 with an 11% contingency of $83,322.00 to be used for construction; B.) Authorize the City Manager to execute the contract with KAD Engineering; C.) Award the Construction Geotechnical and Materials testing Services to LOR Geotechnical Group, Inc., in the amount of $21,983.60; D.) Award the Construction Survey Services to KDM Meridian, in the amount of $24,940.00; E.) Authorize the City Manager to execute the contracts with LOR Geotechnical Group, Inc. and KDM Meridian; F.) Authorize the budget transfer of $143,000.00, Fund 110 (Gas Tax), from the Traffic Signal Installation - Grand Avenue at Macy Street Project No. 4351; G.) Authorize the budget transfer of $150,000.00, Fund 110 (Gas Tax), from the Crack Seal Machine/Slurry Seal Truck Project No. F00001; and H.) Authorize the budget transfer of $75,000.00, Fund 110 (Gas Tax), from the Traffic Signal Maintenance Project No. TRF14. Interim Public Works Director Eskandari provided a presentation to Council. Director Eskandari reviewed the project area, scope of work, and work schedule. She explained that most of the work will be performed at night to accommodate businesses and parking along Main Street. Motion by Council Member Magee, second by Mayor Pro Tem Manos, to award the construction of Main Street Overlay from Sulphur Street to Heald Avenue to KAD Engineering in the amount of $758,182.50 with an 11% contingency of $83,322.00 to be used for construction; authorize the City Manager to execute the contract with KAD Engineering; award the Construction Geotechnical and Materials testing Services to LOR Geotechnical Group, Inc., in the amount of $21,983.60; award the Construction Survey Services to KDM Meridian, in the amount of $24,940.00; authorize the City Manager to execute the contracts with LOR Geotechnical Group, Inc. and KDM Meridian; authorize the budget transfer of $143,000.00, Fund 110 (Gas Tax), from the Traffic Signal Installation - Grand Avenue at Macy Street Project No. 4351; authorize the budget transfer of $150,000.00, Fund 110 (Gas Tax), from the Crack Seal Machine/Slurry Seal Truck Project No. F00001; and authorize the budget transfer of $75,000.00, Fund 110 (Gas Tax), from the Traffic Signal Maintenance Project No. TRF14. Council Member Tisdale requested that adequate signage, to prohibit large trucks from traveling on Main Street, be installed to prevent damage to the new pavement. Item No. 5 passed by unanimous vote as follows: AYES: Mayor Johnson, Mayor Pro Tem Manos, Council Member Magee, Council Member Tisdale NOES: None ABSENT: Council Member Hickman ABSTAIN: None Regular City Council Minutes Meeting of January 28, 2014 PUBLIC HEARING(S) Page 5 of 7 (8) Resolution Declaring Weeds Rubbish Refuse and Dirt a Nuisance; Property Owners to be Notified Recommendation: It is recommended that the City Council adopt Resolution No. 2014-006 and direct staff to begin the abatement process for this year. Mayor Johnson opened the public hearing at 7:24 p.m. Interim Public Works Director Eskandari provided staff's recommendation to Council. No public comments were received. Mayor Johnson closed the public hearing at 7:25 p.m. Motion by Mayor Pro Tem Manos, second by Council Member Tisdale, to adopt Resolution No. 2014-006 and direct staff to begin the abatement process for this year, the motion passed by unanimous vote as follows: AYES: Mayor Johnson, Mayor Pro Tem Manos, Council Member Magee, Council Member Tisdale NOES: None ABSENT: Council Member Hickman ABSTAIN: None APPEAL(S) None BUSINESS ITEMS) (9) Second Reading and Adoption of Ordinance No. 2014-1321 Recommendation: It is recommended that the City Council waive further reading and adopt by title only ORDINANCE NO. 2014-1321 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING CHAPTER 5.112 OF THE LAKE ELSINORE MUNICIPAL CODE adopting revisions to procedures for yard, garage, and house sales, by roll -call vote. Motion by Council Member Magee, second by Mayor Pro Tem Manos, to waive further reading and adopt by title only Ordinance No. 2014-1321. City Clerk Bloom read the title of ORDINANCE NO. 2014-1321 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AMENDING CHAPTER 5.112 OF THE LAKE ELSINORE MUNICIPAL CODE adopting revisions to procedures for yard, garage, and house sales, the motion passed by unanimous roll -call vote as follows: AYES: Mayor Johnson, Mayor Pro Council Member Tisdale NOES: None ABSENT: Council Member Hickman ABSTAIN: None Tem Manos, Council Member Magee, Regular City Council Minutes Page 6 of 7 Meeting of January 28, 2014 PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES None CITY MANAGER COMMENTS City Manager Yates announced that he attended the award ceremony for Captain Kennedy - Smith where she was promoted to Chief Deputy. City Manager Yates stated that he was very proud of Captain Kennedy -Smith. Captain Kennedy -Smith stated that it was an honor and privilege to serve the City of Lake Elsinore for the fourth time. She also stated that Council and City staff made her stay pleasurable. City Manager Yates acknowledged the traffic issues on Railroad Canyon Road and stated the community's comments and feedback were important. City Manager Yates stated that staff is working diligently to resolve the matter. Interim Public Works Director Eskandari explained the traffic issues at Railroad Canyon Road was due to signal communications between City and Caltrans traffic control signals. The City is currently working with Caltrans to resolve the issues. CITY ATTORNEY COMMENTS City Attorney Leibold acknowledged Susan Reid for her years of support and service. Mrs. Reid has always been helpful and professional and supportive. CITY COUNCIL COMMENTS Council Member Magee thanked Susan Reid for her service to this community and Interim Public Works Director Eskandari for her presentations. Council Member Magee stated that there were no speakers for the weed abatement public hearing, which was a testament that staff was doing a good job with the notification and cleanup process. Council Member Magee stated that over the years Council has invested in both employees and equipment to ensure that the weed abatement process is performed professionally and quickly. He wished Captain Kennedy -Smith many more years with the Sheriff's Department. Council Member Magee announced the Chamber of Commerce Annual Installation dinner and recognized Kim Cousins and Michelle Simon for an excellentjob of representing the City and its business community. He suggested forming a joint committee with the City, Planning Commission, and Chamber of Commerce to streamline the business license process so that it is a quick process for new businesses in the City. Council Member Magee announced that AMR ambulance service is going before the County Board of Supervisors and requested that the Mayor consider a providing letter supporting the service that AMR provides for this community. Council Member Magee thanked Staff, Mayor Johnson and his colleagues for the certificate of recognition. Council Member Tisdale said that Susan Reid will be missed. He stated that Captain Kennedy -Smith was the right person for this City and had a long history with this City. The Captain did a great job; related to citizens; had a positive impact on everyone she met; and was committed to this community. Council Member Tisdale thanked Captain Kennedy -Smith for all her hard work and introduced Lt. Lelevier. Council Member Tisdale reported that the County of Riverside had 37 severe flu cases and 7 deaths and reminded the public to get flu their shots. He thanked staff for all their hard work. Regular City Council Minutes Page 7 of 7 Meeting of January 28, 2014 Mayor Pro Tem Manos congratulated Susan Reid and said that she will be missed. Mayor Pro Tem Manos wished Captain Kennedy -Smith great luck and success. He addressed the Railroad Canyon Road traffic issue and stated that the City was addressing this issue. Mayor Pro Tem Manos stated it was important to be mindful of the traffic impact when approving development of new homes and construction projects and to ensure that developers pay their share to absorb some of those impacts. Mayor Pro Tem Manos stated that he will be paying close attention to traffic impacts as developments come into the City. Lastly, Mayor Pro Tem Manos addressed the accessibility of information on the City's website and requested to form a Tech Subcommittee to discuss improvements to the website. Mayor Johnson provided announcements on behalf of Council Member Hickman, who was not in attendance, regarding the celebration of Minnie Brown's 100th Birthday and congratulated La Unica restaurant on the reopening of their cantina. Mayor Johnson announced that she would like to reignite the recognition of local businesses program on a quarterly basis. She announced the new businesses in town as follows: American Alert Security Services, Family Dollar, Longboards Island Grill and Arce Financial. Mayor Johnson stated that she was very proud of Captain Kennedy -Smith. She also announced that Council Member Magee received the Citizen of the Year Award at the Chamber of Commerce Annual Installation Dinner. ADJOURNMENT Mayor Johnson adjourned the meeting at 7:51 p.m. to the next regularly scheduled meeting to be held on Tuesday, February 11, 2014, at the Elsinore Valley Municipal Water District (EVMWD) Boardroom located at 31315 Chaney Street, Lake Elsinore, California. Natasha Johnson, Mayor Virginia J. Bloom, City Clerk E�]<City Council DEPARTMENT: CONSENT: APPEAL _ El BUSINESS: AGENDA COVER SHEET ,2-1f((1Y MEETING OF Redevelopment Agency n Other E::] RESOLUTION: El ORDINANCES [:�:] PUBLIC HEARING ATTACHMENTS: dtilzalilo"'if aReport emailed to Clerk a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a as■a 00aaaa0a02aa0aa5aa0aa00aaaaa0a0aaa FOLLOW UP DIRECTION: a a ■ ■ a a ■ a ■ ■ a ■ ■ ■ a ■ a a ■ r ■ ■ a a a ■ e ■ a ■ ■ ■ a ■ ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ ■ ■ ■ ■ a ■ ■ a ■ a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ a ■ ■ a 1 Submitted by: Approved by: Date: Department Head: / Date: "l Finance Director: Date:"' City Manager: Date: CITY OF LAI L LLSINORX DREAM EXTREME,. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: FEBRUARY 11, 2014 SUBJECT: AWARD OF CONTRACT HARTZOG & CRABILL FOR ON-CALL TRAFFIC OPERATIONS SERVICES Recommendation It is recommended that the City Council authorize the City Manager to execute a professional services agreement with Hartzog & Crabill in an amount not to exceed $30,000 annually for the provision of on-call traffic operations services subject to minor modifications approved by the City Attorney. Background In support of the Public Works Department's efforts to create a safer and more efficient traffic circulation system, a traffic engineering firm is needed to furnish expertise and resources that staff is unable to provide. Since 2009 Hartzog & Crabill have been providing that service for the City's Engineering Section. The most recent contract to provide these services has been extended for three years and a new contract needs to be executed. Discussion A Request for Proposals was sent out to four (4) Traffic Engineering firms to provide On -Call Traffic Operations Services for the City. Three firms sent proposals with one firm declining to propose due to previous commitments. The remaining proposals where reviewed and individually scored by three qualified City staff members. Scores where then compiled and compared. The highest aggregate score was achieved by Hartzog & Crabill. On-call Traffic Operations Services February 11, 2014 Page 2 As a result of this process, staff is recommending that Hartzog & Crabill be awarded a three year contract to provide the City with On -Call Traffic Operations Services. The form of the proposed Professional Services Agreement is attached. Fiscal Impact The On -Call Traffic Operations Services are to be funded through available unappropriated general funds, account number 105 and available Air Quality Management (AQMD)IMotor Vehicle Subvention Funds, account number 606 as shown below: Fund 105 - $21,000 Fund 606 - $9,000 Prepared by: Rusty Beardsley City Traffic Engineer Ati Eskandari Interim Director of lic Works Approved by: Grant Yates City Manager Attachments: Agreement AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement") is made and entered into as of the 11th day of February, 2014, by and between the City of Lake Elsinore, a municipal corporation ("City") and Hartzog & Crabill.,("Consultant"). RECITALS A. City desires to retain Consultant to render professional on-call traffic operations services and related work as set forth in this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Attachment "A" which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Attachment "A", subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The Consultant shall commence performance of the services hereunder upon execution of this Agreement and shall continue such performance for a period of three (3) years. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Attachment "B", which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $30,000.00 annually without written authorization from the City Manager or his designee. Out of pocket expenses set forth in Attachment "B" shall be reimbursed at cost without an inflator or administrative charge; provider, however, that subconsultants engaged to perform traffic counts may be billed at cost plus 10%. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no laterthan 30 days after approval of the monthly invoice by City staff 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City Manager or his desingee. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. Professional Services Agreement 1 On Call Traffic Services 6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Professional Services Agreement 2 On Call Traffic Services 8. Consultant's Books and Records a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in -interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into Professional Services Agreement 3 On Call Traffic Services this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of business license. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Professional Services Agreement 4 On Call Traffic Services iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement and shall be attached to this Agreement as Exhibit "C". Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. Professional Services Agreement 5 On Call Traffic Services If to City: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Hartzog & Crabill 17772 E. 17th St. Ste. 101 Tustin, CA 92780 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant.. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibits "A" and "B" without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall the costs of mediation equally. It the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") Professional Services Agreement 6 On Call Traffic services or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from. 27. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. Professional Services Agreement 7 On Call Traffic Services IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: 0 Grant Yates, City Manager APPROVED AS TO FORM: City Attorney Attachments: Exhibit "A" - Scope of Services Exhibit "B" — Schedule of Charges Exhibit "C" — Insurance Certificate CONSULTANT: Title: Business License # ATTEST: City Clerk Professional services Agreement 8 On Call Traffic Services ATTACHMENT "A" SCOPE OF SERVICES ProtServAgnu.4014.000 09/08/98 EXHIBIT "A" SCOPE OF SERVICES PaitSeivAgmt.4014.000 EXHIBIT "A" — Page 1 09/08/98 Proposal to Provide On -Call Traffic Operations Services for the City ofLake Elsinore, CA G. OVERVIEW AND APPROACH TO SCOPE OF SERVICES: HCI understands that the City of Lake Elsinore Engineering Division, from time to time, requires support from a Consultant Engineer knowledgeable in Traffic Engineering to provide professional recommendations and assistance regarding traffic signal operations and traffic engineering issues. Under the direction of the City, at a minimum HCI will provide as -needed consulting services to comply with and perform all the items listed in the City's RFP, under III. Scope of Work (General and Technical). In the following scope of services for Traffic Signal Operations Services, Plan -check Services, Traffic Design Services, and Traffic Report Services, HCI has provided our experience, capabilities, and approach to complete the requested on-call consultant engineering services. 1. TRAFFIC SIGNAL OPERATIONS Our understanding of the current City traffic signal system is that the City maintains and operates the majority of signalized intersections using Econolite controllers. These City signals are interconnected to master controllers by hardwire interconnect or phone -drop, which are then accessed off-site by telephone modems. HCI is infinitely familiar with both the Econolite control equipment utilized at the City's traffic signal controlled intersections, as well as the corresponding Aries and Centracs Traffic Management System softwares. As mentioned, HCI currently manages the traffic signals and signal systems of (16) cities, including Lake Elsinore, on a daily basis. If selected, Mr. Trammell Hartzog, Mr. Mark Esposito, and Mr. Greg Cabey will provide this service. As you know, our Traffic Signal Systems Supervisor, Mr. Greg Cabey, has been working with City staff during the past several years in monitoring the City's systems. HCI staff s "hands-on" traffic signal timing experience comprises all levels of timing applications, including timing input into signal system controllers manually (Econolite, Type 170 and 2070) and from our Traffic Signal Management Center through our licensed system softwares, designing and installing special "custom" traffic signal operational circuitry, and maintaining signal interconnect operations. HCI's project -specific experience includes extensive knowledge on each local agency's signal controllers. Specifically, HCI staff continuously (daily) interfaces with all of the signal controllers in the City of Lake Elsinore as well as the aforementioned cities which currently use the Econolite ASC/2S or ASC/3 types of system controllers, the ASC/2M master controllers, and managed by the Aries or Centracs Traffic Signal Management systems. Page 10 Proposal to Provide On -Call Trak Operations Services, for the City of Lake Elsinore, CA The specific approach to continue our traffic operations services that HCI provides to all our client agencies (including City ofLake Elsinore) includes the following: HCI provides a Traffic Signal Systems Specialist for the monitoring and maintenance support on all the City's traffic signals that are on-line. The Specialist sets up the Scheduled Operations on the traffic management system specifically for the City's systems ® in order to automatically perform a variety of. tasks. Specifically, the functions and I� Specialist's time spent on these services include performing the following daily sub -tasks: 1. The Scheduled Operations automatically gather and store historical data and real- time information on all the City's traffic signal operations programmed; 2. The data is reviewed daily to verify that all traffic signals are working properly; 3. Any malfunctions logged are immediately reported to the City's designated traffic signal maintenance contractor, for dispatch; 4. The historical data is also analyzed to identify traffic volumes and patterns in order to assist in determining if adjustments to signal timing is necessary; 5. Verify if all timing is programmed correctly in each master and local controller. HCI staff typically reports all traffic signal problems and malfunctions to the City's traffic signal maintenance contractor within (24) hours. HCI staff coordinates all work associated with the City's traffic signal_ maintenance contractor and also provides verification to -the City of their completed work. @l HCI staff often assists our client cities in resolving traffic signal control complaints by speaking by phone/email/in person with the resident(s)/City personnel on their specific request/complaint. HCI staff completes the necessary investigation and makes recommendations to the City on identified traffic signal improvements, such as any new coordinated signal control systems, more efficient signal phasing, equipment upgrade, significant timing adjustments, etc. HCI staff also drives each project arterial during peak - periods every other month in order to verify and fine-tune coordination timing. If necessary and approved by the City, HCI also provides updated traffic counts as part of an investigation. The above monitoring approach has proven to be a valuable service to all our client cities, as the on-going scheduled signal management has minimized overall time in troubleshooting, repair, and maintenance of citywide traffic signals. In turn, this controlled management service actually saves the City on the amount of time and personnel required to monitor and repair signal related issues. It should be mentioned, HCI staff continues our on-going excellent relationship with most traffic signal, lighting, and signal maintenance contractors including Siemens (Republic), Computer Services (CSC), and Aegis (Team Econolite). Page 11 Proposal to Provide On -Call Traffic Operations Services for the City of Lake Elsinore, CA Lastly, throughout the past years HCI has maintained a good working relationship with Caltrans, as several projects have been implemented that successfully interfaced with freeway interchange traffic signal systems. A good example of this relationship is the project that we completed in Laguna Beach along Pacific Coast Highway. The project intersections (Caltrans maintained) use the Model 170 type controllers with C-8 software. 2. PLAN -CHECK SERVICES All of our traffic design and plan -check reviews are completed under the supervision and control of our traffic and civil engineers who are licensed by the Board of Professional Engineers, Land Surveyors, and Geologists to practice in the State of California. Our responsibilities in reviewing construction plans are to assure conformance to all applicable standards/requirements, including Riverside County Traffic Impact Analysis guidelines and City of Lake Elsinore Standard Plans, and advise the City of any and all deficiencies or deviations from their standards and requirements. HCI's traffic plan review check follows: ✓ Date Reviewed ✓ Action Required ✓ Reviewed by Engineer ✓ Project Name & No. ✓ Professional Engineer's Approval Signature Block ✓ Professional Engineer's Stamp ✓ North Arrow ✓ Map Scale ✓ Street Names ✓ General Notes ✓ Standard Plans Effective ✓ Standard Plan Call -Outs ✓ Construction Notes ✓ Utilities with Contact Information ✓ Right -of -Way ✓ Driveways ✓ Sidewalk and Curb Pedestrian Ramps ✓ Cross -Slope Sections and Profile (if applicable) ✓ Dimensions ✓ Sawcuts ✓ Signing and Striping Design ✓ Tapers ✓ Turning Templates ✓ Sight Distance, Vision Clearance ✓ Traffic Signal Design ✓ Traffic Signal Coordination ✓ Pedestrian Circulation ✓ Street Lighting ✓ Conditions of Approval Page 12 EXHIBIT "B" SCHEDULE OF CHARGES ATTACHMENT A FEE PROPOSAL TO PROVIDE ON-CALL TRAFFIC OPERATIONS SERVICES Prepared for: City of Lake Elsinore Engineering Division 130 S. Main Street Lake Elsinore, CA 92530 Attention: Mr. Rusty Beardsley, T.E Contract Traffic Engineer Presented by: Hartzog & Crabill, Inc. Traffic Engineers 17772 E. 17th Street, Suite 101 Tustin, CA 92780 (714)731-9455 GHARTZOG CRABILL,Inc. FEE PROPOSAL TO PROVIDE ON-CALL TRAFFIC OPERATIONS SERVICES HCI acknowledges receipt of Addendum No. 1 to the City's RFP. HCI is proposing this project as a sole prime consultant, and does not intend to use any sub -contractors. Signal Operations Services Since the City is operating the majority of their traffic signals with Econolite controllers, as well as 170/Bi-Trans, HCl proposes to continue our typical "on-going" traffic signal system daily monitoring services to the City of Lake Elsinore. HCI will continue our "on-going" traffic signal system monitoring services on a scheduled daily basis by our Traffic Signal Systems Specialist to complete the monitoring, maintenance calls, field -visits, timing adjustments, etc., necessary for continuous and efficient management. We will utilize our corresponding Aries Traffic Management System and Bi -Trans softwares to provide these weekly monitoring services, as detailed in our Scope of Services, to the City, which are estimated up to $9,000.00 per year. The figure above was estimated and rounded up by calculating our Traffic Signal Systems Specialist working approximately 6 hours/month, exclusively on the City of Lake Elsinore's traffic signal system. The hours per month has been established from a review of prior year invoices for providing these same types of `on-call' signal operations services. The Specialist rate of 5115.00/hr results in $690.00/month, or $8,280.00 per year. Traffic Engineering Services As no particular project is included in the Scope of Services, project costs will be negotiated on a per project basis at the proposed hourly rates submitted in this proposal (attached). The proposed hourly rates and cost to complete each task includes the costs of all administration and overhead, project site visits, attendance at meetings, travel and all reproduction costs, permits, and publication fees. In regards to "on-call" traffic engineering tasks, where the City may request our services on an as -needed basis, HCI provides an estimate $15,000.00 per year for the City's consideration. This proposed fee is negotiable and has also been established from a review of prior year invoices for providing these same types of `on-call' services. Additional tasks, such as attendance at any City Council or staff meeting(s), or any requested activities outside the proposed Scope of Work, will be invoiced on a time -and -materials basis per our current, fee schedule. Invoicing for any additional work above -and -beyond what is detailed in our Scope of Services may typically include hours for a Principal, Senior and/or Associate Engineer, as well as the Traffe Signal Systems Supervisor andlor Specialist. Far your reference, we have attached our current Fee Schedule. Page 1 of 1 Hartzog & Crabill Consulting Engineers Schedule of Hourly Rates Classification IIourly Rates Expert Witness / Deposition....................................................................................... $260 LitigationConsultation.. ................................................................ I ............................ $232 Two -Person Survey Crew........................................................................................... $232 Litigation Field Evaluation......................................................................................... $207 PrincipalConsultant.................................................................................................... $160 ProjectManager.......................................................................................................... $150 RegisteredLand Surveyor........................................................................................... $145 SeniorEngineer........................................................................................................... $135 Storm Water Permit Compliance Engineer................................................................. $135 AssociateEngineer...................................................................................................... $130 ConstructionManager................................................................................................. $125 Traffic Signal System Supervisor................................................................................ $125 MuralArtist.................................................................................................................. $125 SeniorDesigner............................................................................................................ $120 Traffic Signal Systems Specialist................................................................................. $115 AssistantEngineer........................................................................................................ $110 Draftsperson.................................................................................................................. $ 93 Technician..................................................................................................................... $ 78 WordProcessor............................................................................................................. $ 62 Clerical.......................................................................................................................... $ 52 * Traffic Counts (Cost, plus 10%)............................................................................ $ * Note: Out of pocket expenses (blueprinting, reproduction, printing and delivery service) will be invoiced at Cost. These other direct costs are included in the not -to -exceed values for the aforementioned scope of services. A 10% fee for administration, coordination and handling will be added to subcontracted services. This Schedule of Hourly Rates is effective as of July 1, 2013. Rates may be adjusted after that date to compensate for increases of inflationary trends. Mileage shall be per current IRS rate (rate can be found at the following link: kitty/hawW,irsgov/nc\v�,roo>m!articic/o_id 232017,OO.11unl). 17772E 17th Street, Suite 101, • Tustin, CA 92780 • (714) 731-9455 EXHIBIT "C" INSURANCE REQUIREMENTS 1 ® ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) 12/3/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Dealey, Renton &Associates 199 S Los Robles Ave Ste 540 Pasadena, CA 91101 CT NAME: A an Petr._._ PHONE FExt) C226 844-aQZQ_gIC No: - E-MAIL ADDREsssoefeCS@insdra com _ ....-_ INSURER( SI AFFORDING COVERAGE NAIC# INSURER A:TLay�ers IndemnitV CO, of COMBCtI ___ 66 LTR _ INSURED URBANCROS INSURER B:TraV2I _PfDj7_eriy Casualty -00 of A _. Urban Crossroads, Inc. INSURER C,ArDerlCar AuWM0blleJns Co ____ 849 INsuRER o:Travelers Casualty_& Surety Co Arne 3jlgzl_ 41 Corporate Park, Suite 300 Irvine, CA 92606 949 660-1994 INSURER E: - -- GENERAL LIABILITY NSURERF: V THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ (NSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR Me POLICY NUMBER IMMIDD IYYYY MMUDONYYYI A GENERAL LIABILITY 805979L858 11/1/2013 1/1/2014 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED PREMISES REaoccurBm.a $1,000,000 %- - COMMERCIAL GENERAL LIABILITY MEDEXP(Any one person) CLAIMS -MADE ox OCCUR PERSONAL A ADV INJURY _S_10,000 $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OPAGG 54,000,000 $ POLICY X PRO- LOG B AUTOMOBILE LIABILITY BA5982L353 11/1/2013 1/1/2014 GUMEa scodDt 1000000 BODILY INJURY (Per person) ._ 5 ANY AUTO BODILY INJURY (Per amide T 5 --- ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED PROPERTY YDAMAGE — $ X X HIRED AUTOS AUTOS -1 ReOPER — $ X NoOwnedAulos B X UMBRELLA LIAR X I OCCUR CUP7B885264 11/1/2013 1/1/2014 OCCURRENCE $2,000,000 _EACH AGGREGATE $2,000,000 EXCESS LIAB CLAIMS -MADE DED x RETENTION$0$ Q WORKERS COMPENSATION ZP81013595 11/1/2013 1/1/2014 X WQC STATUS OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE❑[NIA E.L. EACH ACCIDENT $1000000 _ E.L. DISEASE - EA EMPLOYE _ $1000000 OFFICERIMEMBER EXCLUDED? (Mandatory in NI E.L. DISEASE -POLICY LIMIT _ $1000000 If yes, describe under DESCRIPTION OF OPERATIONS below D Professional Liability 105517955 11/1/2013 1 1/1/2014 $1,000,000 Per Claim $2,000,000 Anal Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD tai, Additional Remarks Schedule, if more space Is required) *General Liability excludes claims arising out of the performance of professional services* **Umbrella policy is a follow -form to underlying General Liability/Hired&Non-Owned Auto Liability/Employers Liability.** City of Lake Elsinore 130 South Main Street Lake Elsinore CA 92530 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AU RI2ED REPRE NTATIVE #� n 1ARR-2010 ACORD CORPORATION. All riahts ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENDA COVER SHEET MEETING OF a .,/ / 'a4 City Council V� Redevelopment Agency F7 Other DEPARTMENT: CONSENT: APPEAL _ BUSINESS: RESOLUTION: ORDINANCES F—] PUBLIC HEARING ATTACHMENTS: .Au �eS "1 Report emailed to Clerk ■ ■ a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ a a ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ a ■ ■ ■ a IN a a ■ ■ ■ ■ a ■ ■ ■ ■ ■ a a ■ ■ ■ a ■ ■ r a ■ a a a a a ■ ■ ■ a It a ■ a ■ a a ■ FOLLOW UP DIRECTION: 1 a a a a a a a a a a a a a a a a a a a a a a a it a a a a a a a a a a a a a a a s a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a Submitted by.Q-;O i4 6,-rD,q_ Date: r) 'a 41'd -4l Approved by: Department Head: Finance Director: Date: Date: City Manager: Date: CITY a LAIQE LS1110RE i AM EXTREME REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: HONORABLE CHAIRMAN AND MEMBERS OF THE SUCCESSOR AGENCY FROM: VIRGINIA J. BLOOM AGENCY CLERK DATE: FEBRUARY 11, 2014 SUBJECT: APPROVAL OF MINUTES Recommendation It is recommended that the Successor Agency approve Minutes as submitted. Discussion The following minutes are submitted for approval: a. Regular Successor Agency meeting of January 28, 2014 Prepared by: Diana Giron Deputy Agency C erk Approved and Submitted by: Virginia J. Bloom Agency Clerk Approved by: Grant Yates Executive Director MINUTES SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE REGULAR MEETING CITY OF LAKE ELSINORE EVMWD BOARDROOM, 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 28, 2014 CALL TO ORDER 5:00 P.M. None CALL TO ORDER - 7:00 P.M. — EVMWD Boardroom, 31315 Chaney St., Lake Elsinore Chairperson Johnson called the meeting to order at 7:28 p.m. ROLL CALL PRESENT: Chairperson Johnson Vice -Chair Manos Agency Member Magee Agency Member Tisdale ABSENT: Agency Member Hickman Also present: Executive Director Yates, Agency Counsel Leibold, Agency Clerk Bloom, Acting Finance Manager Lassey, Lake, Parks, & Recreation Director Kilroy, Interim Public Works Director Eskandari, Community Development Director Taylor, Planning Manager MacHott, Police Chief Kennedy -Smith, Fire Chief Barr, Superintendent DeSantiago, and Deputy City Clerk Giron. CLOSED SESSION REPORT =T PRESENTATIONS / CEREMONIALS None PUBLIC COMMENTS — NON-AGENDIZED ITEMS —1 MINUTE None Successor Agency Minutes Regular Meeting of January 28, 2014 Page 2 of 3 CONSENT CALENDAR (SAI) Approval of Minutes Recommendation: It is recommended thatthe Successor Agency approve the Minutes of the Regular Successor Agency Meeting of January 14, 2014. (SA2) Warrant List dated January 16, 2014 Recommendation: It is recommended that the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Warrant List dated January 16, 2014. (SA3) Investment Report for November 2013 Recommendation: it is recommended that the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the report for November 2013. Moved by Agency Member Tisdale, seconded by Vice Chair Manos, to approve the Consent Calendar, the motion passed by unanimous vote as follows: AYES: Chairperson Johnson, Vice Chair Manos, Agency Member Magee, Agency Member Tisdale NOES: None ABSENT: Agency Member Hickman ABSTAIN: None PUBLIC HEARING(S None APPEAL(S) None BUSINESS ITEM(S) None PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES None EXECUTIVE DIRECTOR COMMENTS None Successor Agency Minutes Regular Meeting of January 28, 2014 Page 3 of 3 LEGAL COUNSEL COMMENTS None AGENCY MEMBER COMMENTS None ADJOURNMENT Chairperson Johnson meeting to be held on District (EVMWD) Boa adjourned this Tuesday, Fe rdroom located Virginia J. Bloom, Agency Clerk meeting at 7:29 p.m. to the next regularly scheduled Feb 11, 2014, at the Elsinore Valley Municipal Water at 31315 Chaney Street, Lake Elsinore, California. Natasha Johnson, Chairperson City Council DEPARTMENT: FV I CONSENT: APPEAL BUSINESS: ® RESOLUTION: ORDINANCES PUBLIC HEARING ATTACHMENTS: (' 1< C/n la EJB? Report emailed to Clerk U e 0 0 0 0 r 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 a 0 0 a 0 0 a 0 0 0 a FOLLOW UP DIRECTION: AGENDA COVER SHEET MEETING OF Redevelopment Agency F-1 Other 1 0 0 0 00■00 A 0 0 .. N 0 0 0■■■ 0 0 0 f a■■ M 0■ a E a■■■ a■■■■■■■ a z r a a a a 0 0 0 a a 00■■ a■■■ Submitted by: Date: Approved by: Department Head: Date: Finance Director: Date: City Manager: Date: CITY OF int LADE ,LSIRORE DRGAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BARBARA LEIBOLD CITY ATTORNEY DATE: FEBRUARY 11, 2014 RE: AMENDED AND RESTATED CITY CLERK EMPLOYMENT AGREEMENT Recommendation It is recommended that the City Council adopt Resolution No. 2014-008 A Resolution of The City Council of The City of Lake Elsinore, California Approving An Amended And Restated City Clerk Employment Agreement. Background Virginia Bloom has served as City Clerk to the City since January 31, 2011. The City Clerk's existing employment agreement ("Existing Employment Agreement") provides that the City Council review the City Clerk's performance annually. The City Council conducted a performance review of Ms. Bloom and thereafter engaged in labor negotiations in closed session at the City Council meeting of January 28, 2014. Discussion An amendment to the Existing Employment Agreement is necessary to reflect changes to the City Clerk's employment. Because the Existing Employment Agreement has been previously amended twice, the City Attorney's office prepared an Amended and Restated City Clerk Employment Agreement ("Amended and Restated Agreement") rather than a "third amendment" so that the terms of employment can be found in a single document. The Amended and Restated Agreement is attached for City Council consideration. The Amended and Restated Agreement provides that the City Clerk will be paid commensurate with a Department Director, "Step 2," currently set at $116,243.50. Future increases are dependent on the City Clerk meeting performance expectations in accordance with an annual performance evaluation. The employment term of the Second Amendment to City February 11, 2014 Page 2 Clerk Employment Agreement Amended and Restated Agreement expires on January 31, 2017. Should the City elect to terminate the City Clerk before that date, the Agreement provides for up to 6 month's severance pay. Fiscal Impact The Amended and Restated Agreement provides for an annual salary of $116,243.50 beginning February 2014. This is a $16,243.50 increase over the annual salary budgeted commencing February 2014 under the existing Employment Agreement. Future salary adjustments will be based upon performance commensurate with the Department Director's Salary Range reflected in the City's annual budget. Prepared by: Approved by: Barbara Leibold City Attorney Grant M. Yates City Manager Attachments: Resolution No. 2014-008 A Resolution of The City Council of The City of Lake Elsinore, California Approving An Amended And Restated City Clerk Employment Agreement Proposed Amended and Restated City Clerk Employment Agreement RESOLUTION NO. 2014-008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING AN AMENDED AND RESTATED CITY CLERK EMPLOYMENT AGREEMENT WHEREAS, Chapter 2.38 of the Lake Elsinore Municipal Code provides that the City Clerk shall be appointed by the City Council and shall hold office at the pleasure of the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council hereby approves that certain Amended and Restated City Clerk Employment Agreement by and between the City of Lake Elsinore and Virginia Bloom and confirms that the City Clerk shall receive compensation in accordance therewith. SECTION 2. The Mayor is hereby authorized to execute the Amended and Restated City Clerk Employment Agreement in the form presented hereto, with such minor revisions as may be approved by the City Attorney. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 11th day of February, 2014. Natasha Johnson, Mayor City of Lake Elsinore City Council ATTEST: Virginia Bloom, City Clerk APPROVED AS TO FORM: Barbara Z. Leibold, City Attorney AMENDED AND RESTATED CITY CLERK EMPLOYMENT AGREEMENT This Amended and Restated City Clerk Employment Agreement ("Agreement"), dated for identification purposes only as of February 11, 2014, by and between the City of Lake Elsinore ("City" or "Employer"), and Virginia Bloom, ("Employee"). This Agreement shall be effective as of February 1, 2014 (the "Effective Date"). RECITALS A. Employee serves as City Clerk of the City and Secretary to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore by way of an Employment Agreement dated for identification purposes as of January 25, 2011, and amended by that certain First Amendment to City Clerk Employment Agreement dated as of December 13, 2011 and Second Amendment to City Clerk Employment Agreement dated as of February 1, 2013 (as amended, the "Existing Agreement"). B. On January 28, 2014, the City Council evaluated the performance of Employee and engaged in labor negotiations, thereafter directing the City Attorney to prepare this Amended and Restated City Clerk Employment Agreement. C. City and Employee desire to enter into this Agreement to amend and restate the Existing Agreement. AGREEMENT 1. Duties During the Term (as hereinafter defined), the Employee shall perform (a) the duties of City Clerk, as such duties are prescribed by the laws of the State of California and the Lake Elsinore Municipal Code, as the same now exists or as it may be amended subsequently, and all policies adopted pursuant thereto; (b) the duties of the Secretary to the Agency; and (c) such other duties as the City Council may lawfully assign to the Employee. 2. Term a. The term of this Agreement (the "Term") shall commence on the Effective Date and expire January 31, 2017. b. Employee shall remain in the exclusive employ of Employer throughout the Term, except as provided in Sections 3 and 4. The term "exclusive employ" shall not be construed to include occasional teaching orwriting performed in accordance with Section 9 of this Agreement during Employee's personal time so long as such activities do not interfere with the effective performance of Employee's duties as City Clerk. C. At the request of either party, the Employer and Employee may meet and confer to discuss the extension of the Term at any time prior to January 31, 2017. City Clerk Amend Restated Employment Contract Virginia Bloom 021114 2 3. Termination or Removal by Employer a. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employer to terminate or remove the Employee as City Clerk at any time, subject only to the provisions set forth herein. b. In the event Employee is terminated by the Employer prior to the expiration of the Term, Employer shall provide, at its election, one of the following: (i) six months advance written notice under which Employee shall continue her duties as City Clerk at the same rate of pay and benefits; or (ii) immediate termination of Employee's duties and Employer shall provide: (A) severance compensation equal to the lesser of: (1) six months' salary at the then current rate of pay or (2) salary for the remainder of the Term (the "Severance Date"), and, (B) continued dental and vision benefits through the end of the calendar month in which the Severance Date occurs and medical benefits through the end of the calendar month following the month in which the Severance Date occurs. The severance consisting of salary and any accrued leave time as provided in Section 7 shall be paid in a lump sum unless otherwise agreed to by the Employer and the Employee. C. Subject to the applicable provisions of Government Code Section 54957, the decision to terminate or not renew this Agreement shall be made in closed session and confirmed in a public meeting. d. Employee may choose to resign her office instead of being terminated if a decision by the Employer to terminate has been made inclosed session. In such an event, the provisions set forth in Section 3, paragraph b remain applicable. e. In the event that termination is the result of Employee's breach of a material term of this Agreement, misconduct or any illegal acts by Employee, including but not limited to the acts described below, the provisions of Section 3, paragraphs b, c and d shall not be applicable, unless otherwise determined by the Employer: (1) the release of privileged documents or information without authorization; (2) malfeasance, dishonesty for personal gain, moral turpitude, willful or corrupt misconduct, misuse of public funds, abuse of office or other public officer crime, or conviction of any felony; or supplies; or (3) willfully causing damage to public property or willfully wasting public (4) specific acts or conduct which bring scandal or disrepute to the City; or (5) insubordination, which shall mean the willful refusal to obey lawful directions of the Employer, or (6) absence without leave. 2 4. Employee Resignation a. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from her position as City Clerk, subject only to the provisions set forth in Section 4, paragraph b hereinbelow. b. Unless otherwise agreed to by the Parties, in the event Employee desires to voluntarily resign her position with Employer as City Clerk before expiration of the Term, Employee shall give Employer not less than two months advance written notice. 5. Disability Employee shall be entitled to leave due to sickness, accident, injury, mental incapacity or health as required by the Family and Medical Leave Act of 1993, as amended by Section 585 of the National Defense Authorization Act for FY 2008 and as may be subsequently amended. If Employee is permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or health for a period in excess of such period, Employer shall have the option to terminate this Agreement, subject to the requirements of Section 3. 6. Salary Commencing the first pay period including February 1, 2014, Employer agrees to pay Employee for her services an annual salary equal to that designated for a Department Director, Merit Step 2, which annual salary as of February 1, 2014 is $116,243.50, payable in installments at the same time as other employees of Employer. Upon the condition that Employee meets performance expectations in the annual performance review in January of each year during the Term as provided in Section 10, Employee's salary shall be automatically adjusted to amount equal to the next sequential merit step then available to Department Directors. By way of example, if Employee meets performance expectations in the annual performance evaluation in January 2015, Employee will receive an annual salary equal to that designated for a Department Director, Merit Step 3; if Employee meets performance expectations in the annual performance evaluation in January 2016, Employee will receive an annual salary equal to that designated for a Department Director, Merit Step 4. In the event that Employer increases the salary at the merit steps related to Department Directors, Employee shall be entitled to such salary increase based on her then existing merit step equivalency at the same time and manner as the City's Department Directors. 7. Benefits In addition to the salary set forth in Section 6, Employee shall receive benefits commencing on the Effective Date as follows: a. Consistent with City Department Directors, Employee shall be entitled to retirement (PERS), medical insurance (including spouse and dependent children) Medicare, dental insurance (including spouse and dependent children), vision insurance 3 (including spouse and dependent children), long-term disability insurance, worker's compensation, vacation based on the length of Employee's employment with the City, sick leave, administrative leave, and holidays. Employee shall receive a cell phone allowance unless issued a City cell phone. Employee shall not receive an automobile allowance. b. In lieu of the standard life insurance coverage provided to employees, Employer shall purchase, for Employee's benefit, term life insurance coverage of $150,000. C. At the time of leaving City employment, Employee will be entitled to compensation for unused accrued vacation, unused accrued administrative leave and unused accrued sick leave in a single lump sum based on Employee's then existing salary rate, consistent with the terms, conditions and "buy back" policies accorded City Department Directors.. d. In recognition of the demands of the City Clerk's Office, Employee may, in her professional judgment deem it necessary to work at City Hall or other public facility on her regularly scheduled day(s) off in order to properly administerthe duties of her office. In compensation of such time, Employee shall be entitled to accrue compensatory time off on "straight time" basis and utilize such time as paid time off at a later date ("Executive Compensatory Time"). Notwithstanding anything to the contrary herein, the accrual of Executive Compensatory Time shall not exceed 100 hours. In addition to the payment set forth in subpart (c) of Section 7, at the time of leaving City employment, Employee will be entitled to a lump sum payment based upon Employee's then existing salary rate for unused Executive Compensatory Time not to exceed 100 hours. e. With respect to the scheduling of vacation, administrative leave, floating holidays and/or Executive Compensatory Time, Employee shall reasonably notify the Mayor and Mayor Pro Tem in advance and such scheduling request shall be subject to approval by the Executive Committee (defined below) pursuant to the authority granted in Section 27. 8. Hours of Work Employee shall establish an appropriate work schedule consistent with the City's 9/80 work schedule, provided however, that Employee shall be available as often and for as much time as the position of City Clerk requires. Employee acknowledges that the duties of the City Clerk require regular attendance at night meetings. 9. Outside Activities Employee shall not spend more than five (5) hours per week, unless on approved leave, for purposes of teaching, counseling or other non -employer connected business without the prior approval of the Employer. 10. Performance Evaluation Employer shall annually review the performance of the Employee in the month of January. A mid-term performance review shall be conducted upon the request of either party. The performance review process shall include the opportunity for both parties to lH meet and discuss the performance of Employee and to establish goals, objectives and/or performance standards as appropriate. Within 15 days of the evaluation meeting, Employer shall provide Employee a written summary of the performance evaluation. 11. Tuition Reimbursement Employee agrees to maintain her notary and Certified Municipal Clerk certifications current during the Term. Employee shall be entitled to tuition reimbursement for any required continuing education related to such certifications. Additionally, Employee shall be entitled to tuition reimbursement consistent with other City employees, subject to approval by the Employer. 12. Professional Organizations and Other Business Expense Subject to the Lake Elsinore Municipal Code and the City's annual budget allocations, Employer shall reimburse the Employee for all actual and necessary employment-related expenses including, but not limited to, miscellaneous City Clerk department expenses, professional dues and memberships necessary for Employee's continuation and participation in national regional, state and local associations and organizations, subscriptions to the publications of professional organizations, registration fees for training programs offered by such organizations, and incidental costs relating to attendance at such programs or the conferences and meetings of such organizations including travel, taxi or auto rental, lodging and meals. Employee shall undertake such activities at her option as necessary and desirable for her continued professional participation, growth and advancement, and for the good of the Employer and such activities shall be considered as part of the Employee's duties. The Employee shall be reimbursed for such other expenses as the Employer shall approve by motion passed by the City Council. Employee shall observe all current and future City policies governing these activities. 13. Indemnification Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Clerk. Employer may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. 14. Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. 15. Other Terms and Conditions of Employment The Employer shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Lake Elsinore Municipal Code or any applicable law. Unless otherwise specified herein, Employee shall be entitled to benefits granted to Employees covered by the City's general compensation plan for all unclassified and various classified employees. 16. No Reduction of Benefits Employer shall not at any time during the Term of this Agreement reduce the salary, compensation or other financial benefits of Employee except to the degree of such a reduction across the board for all employees of Employer or for cause as the result of disciplinary action. 17. Notices Any notice given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to Employer: City of Lake Elsinore Attn: City Attorney 130 South Main Street Lake Elsinore, CA 92530 If to Employee: Ms. Virginia Bloom, City Clerk 130 South Main Street Lake Elsinore, CA 92530 18. Entire Agreement This Agreement constitutes the complete and exclusive statement of Agreement between the Employer and Employee. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 19. Amendments or Extensions This Agreement may be modified, amended or extended only by a written document executed by both Employee and Employer and approved as to form by the City Attorney. 20. Waiver Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 0 22. Controlling Law Venue This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall, to the extent allowed by law, be held exclusively in a state court in the County of Riverside. 23. Mediation The parties agree to make a good faith attemptto resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. It the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS') or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 24. Execution This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 25. Authority to Enter Agreement Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 26. Representation by Counsel Employee acknowledges that this Agreement has been prepared by Leibold McClendon& Mann, P.C., as City Attorney for the Employer. Employee acknowledges that she has been informed that she is entitled to, and has been advised to seek, separate legal representation, and, accordingly, represents that she either (i) has engaged such counsel in connection with this Agreement, or (ii) has voluntarily decided to enter into this Agreement without such representation. 27. Executive Committee This Agreement shall be administered by the Mayor and the Mayor Pro Tem (the "Executive Committee") following approval of this Agreement by the City Council. Whenever a reference is made in this Agreement to an action, finding or approval to be undertaken by the Employer, the Executive Committee is authorized to act on behalf of the Employer unless specifically provided otherwise or the context should require otherwise. The Executive Committee shall have the authority to act on behalf of the Employer so long as such actions do not substantially change the terms and conditions set forth in this Agreement. Notwithstanding the foregoing, the Executive Committee may in their sole and absolute discretion refer any matter to the City Council for action, direction or approval. 7 IN WITNESS WHEREOF the parties have caused this Agreement executed on the date first written above. ATTEST: Grant M. Yates City Manager APPROVED AS TO FORM: Barbara Z. Leibold City Attorney EMPLOYER: CITY OF LAKE ELSINORE Natasha Johnson, Mayor EMPLOYEE: Virginia J. Bloom City Council DEPARTMENT: E�r CONSENT: FI APPEAL AGENDA COVER SHEET MEETING OF d?—' I (- 2� (-q- L71 Redevelopment `- Redevelopment Agency F-1 Other BUSINESS: RESOLUTION: ORDINANCES F --]PUBLIC HEARING ` ATTACHMENTS: SfYI fl F Report emailed to Clerk 20 t �20 ( -7 1 ■ a ■ ■ ■ a ■ ■ a ■ e ■ ■ a • a ■ ■ ■ ■ ■ ■ ■ a a ■ ■ ■ s ■ e ■ ■ ■ ■ ■ ■ ■ ■ ■ r ■ a P ■ a ■ a ■ ■ ■ ■ r ■ a r ■ a ■ ■ ■ ■ ■ ■ a a a ■ ■ ■ a ■ FOLLOW UP DIRECTION: a a a a ■ ■ a a ■ ■ ■ ■ ■ ■ ■ a ■ a ■ a a ■ ■ ■ a ■ ■ ■ ■ a a ■ ■ ■ ■ a ■ ■ a ■ ■ ■ ■ ■ ■ a ■ ■ 1 ■ a ■ ■ ■ ■ ■ ■ ■ ■ ■ a a ■ a a a Submitted by: Date: Approved by: Department Head: Finance Director: Date: Date: City Manager: Date: CITY OF LADE LSI110KE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: FEBRUARY 11, 2014 SUBJECT: MEMORANDUM OF UNDERSTANDING WITH LIUNA LOCAL 777 FOR JULY 1, 2013 TO JUNE 30, 2017 Recommendation It is recommended that the City Council adopt Resolution No. 2014-007 approving the Memorandum of Understanding and the side agreement with the non-union represented employees for the period of July 1, 2013 to June 30, 2017. Background The City Council and the employees represented by LIUNA Local 777 ("LIUNA') have come to an agreement as documented in the attached Memorandum of Understanding (MOU) for the period of July 1, 2013 to June 30, 2017. Discussion This Resolution shall apply to Fiscal Years 2013-2014, 2014-2015, 2015-2016, 2016-2017 commencing July 1, 2013 and ending June 30, 2017. Highlights The attached four year agreement with LIUNA includes minimal costs in the first year. The compensation adjustments provide for an increase of three percent (3%) on the first pay period in July 2014 and July 2015. These compensation adjustments are offset by the employees picking up 2% of the employee share of the CalPERS contribution rate in July 2014 and an additional 2% in July 2015. During Year 4 and based upon performance, LIUNA represented employees are eligible to receive a 5% merit step increase added to their pay ranges. This agreement achieves full employee responsibility of the remaining employee share of the CalPERS contribution by year three, which is 2 years in advance of the deadline for Pension Reform (PEPRA). MOU 2013-2017 February 11, 2014 Page 2 By its terms, the proposed agreement will increase the city allowance for medical insurance an additional $50 in years two, three and four for employees hired after July 1, 2011. In addition, the life Insurance policy limit will be increased from $25,000 to $50,000 in year one. Finally, regular employees hired after January 1, 2014 will receive only the PEMCHA minimum for Retiree Health Benefits. Fiscal Impact The four year agreement represents an increase of 4.24% of Total Salaries and Benefits (total compensation), which equates to an annual average increase of 1.06% over the term of the agreement. The total four (4) year fiscal impact for all regular employees is approximately $343,311. Prepared by: Carrie Hanes HR Technician Approved by: Grant Yates City Manager Attachments: City Council Resolution No. 2014-0 n Memorandum of Understanding 2013-2014 RESOLUTION NO. 2014-007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE CHANGE OF BENEFITS FOR UNION REPRESENTED EMPLOYEES FOR THE PERIOD OF JULY 1, 2013 TO JUNE 30, 2017 WHEREAS, the City Council and the employees represented by LIUNA Local 777 have come to an agreement for the period of July 1, 2013 to June 30, 2017 (See attached Exhibit 1). As a result of this agreement and in an effort to maintain parity, a resolution changing the benefits for union represented employees is required. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: Section 1. This Resolution shall apply to Fiscal Years 2013-2014, 2014-2015, 2015-2016 and 2016-2017 commencing July 1, 2013 and ending June 30, 2017 for the Memorandum of Understanding by and between LIUNA and the City of Lake Elsinore as reflected in attachment labeled Exhibit 1. Section 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 11th day of February, 2014. Natasha Johnson, Mayor ATTEST: Virginia J. Bloom, City Clerk APPROVED AS TO FORM: Barbara Z. Leibold, City Attorney MEMORANDUM OF UNDERSTANDING 2013-2017 BY AND BETWEEN CITY OF LAKE ELSINORE AND LIUNA LOCAL 777 TABLE OF CONTENTS 7_[e1 ARTICLE I APPLICATION & RECOGNITION 2 ARTICLE 11 TERM 3 ARTICLE III CITY RIGHTS AND RESPONSIBILITIES 3 ARTICLE IV COMPOSITION OF BARGAINING UNIT 3 ARTICLE V COMPENSATION 4 ARTICLE VI BENEFITS 11 ARTICLE VII HOLIDAYS & LEAVE 17 ARTICLE VIII CATASTROPHIC LEAVE DONATIONS 22 ARTICLE IX BOOT ALLOWANCE 24 ARTICLE X REOPENER ON "TRANSFERRED" ITEMS AND 24 PERSONNEL RULES ARTICLE XI REOPENER FOR EMPLOYER-EMPLOYEE 24 RELATIONS RESOLUTION ARTICLE XII AGENCY SHOP 25 ARTICLE XIII SUPPLEMENTAL INSURANCE 25 ARTICLE XIV SECTION 125 PLAN 25 ARTICLE XV STANDBY PAY 25 ARTICLE XVI STANDBY VEHICLE 26 ARTICLE XVII TUITION REIMBURSEMENT 29 ARTICLE XVIII SAVINGS CLAUSE 30 ARTICLE XIX GENERAL CONDITIONS 30 ARTICLE XX COMPLETION OF BARGAINING 31 The City of Lake Elsinore (hereinafter called the "City" or "Employer") and LIUNA, Local 777 (hereinafter called the "Union") hereby enter into this Memorandum of Understanding ("MOU") after meeting and conferring pursuant to Section 3500 et seq of the California Government Code. ARTICLE I APPLICATION AND RECOGNITION This Memorandum of Understanding shall constitute the full agreement as to rights, benefits and working conditions of all the following classifications of employees who are currently or hereafter regularly employed by the City: Account Specialist I Account Specialist II Account Specialist III Accountant Administrative Assistant Assistant Planner Associate Civil Engineer Associate Planner Building Inspector Chief Mechanic Code Enforcement Officer I Code Enforcement Officer II Code Enforcement Supervisor Community Development Technician Community Development Technician II Community Services Coordinator Customer Service Specialist Deputy City Clerk Engineering Inspector Engineering NPDES Coordinator Engineering Technician Engineering Technician II Equipment Operator GIS Data Analyst GIS Data Specialist GIS Technician I Graffiti Technician I.T. Database Analyst I.T. Technician I I.T. Technician II Information System Analyst Lake Operations Supervisor Lead Worker- Facilities Lead Worker- Lake Operations Lead Worker- Parks Lead Worker - Street Operations Lead Worker- Weed Abatement Maintenance Worker I Maintenance Worker II Mechanic Office Specialist I Office Specialist II Office Specialist III Parks & Recreation Analyst Parks Specialist Parks Supervisor Public Works Supervisor Recreation Supervisor Sr. Accountant Sr. Building Inspector Sr. Code Enforcement Officer Sr. Engineering Technician Sr. Planner Special Events Coordinator Copies of the adopted Memorandum of Understanding and City Personnel Rules will be distributed to all employees through a joint publication effort between the City of Lake Elsinore and LIUNA, Local 777. The City agrees to allow for employee Union meetings and minimal use of office eauiDment with Drior approval by the Director of Administrative Services. ARTICLE II TERM This MOU shall apply to Fiscal Years 2013-2014, 2014-2015, 2015-2016 and 2016- 2017 with regard to all wages, benefits and other terms and conditions of employment commencing July 1, 2013 and ending June 30, 2017. ARTICLE III CITY RIGHTS AND RESPONSIBILITIES The City retains, solely and exclusively all the rights, powers and authority exercised or held prior to the execution of the Memorandum of Understanding, except as expressly limited by a specific provision of this Memorandum of Understanding. Without limiting the generality of the foregoing the rights, powers, and authority retained solely and exclusively by City and not abridged herein, include, but are not limited to the following: To manage and direct its business and personnel; to manage, control, and determine the mission of its departments, building facilities and operations; to create, change, combine or abolish jobs, departments, and facilities in whole or in part; to layoff employees for lack of work or lack of funds; to direct the work force and determine the number of employees needed; to hire, transfer, promote and maintain the discipline and efficiency of its employees. To establish reasonable work standards and make reasonable accommodations in employment; to determine schedules of operation and reasonable work load; to specify or assign work requirements and require overtime; to schedule working hours and shifts; to adopt rules of conduct and penalties for violation thereof; to determine the type and scope of work to be performed and the services to be provided; to determine the methods, processes, means and places of providing services and to take whatever action is necessary to prepare for and operate in an emergency, pursuant to City ordinances. In the event that an emergency is declared, the City shall notify the Union within 48 hours of said declaration, providing it with the opportunity to meet and confer over the impact of the emergency upon the existing Memorandum of Understanding. ARTICLE IV COMPOSITION OF BARGAINING UNIT The classes of employees represented by this Agreement along with related grades and salary ranges are reflected in Exhibits B-1, B-2, B-3, B-4 and B-5. 0 ARTICLE V COMPENSATION A. PLAN An employee compensation plan has been established to provide salary schedules, salary rates, salary ranges and steps and time intervals for salary review. Each position in the plan shall be assigned a salary range or rate. All persons employed by the City shall be compensated in accordance with the compensation plan then in effect as set forth. The Personnel Officer shall from time to time, review the compensation plan and the compensation ranges established for some or all of the classes set forth in the classification plan and may recommend changes thereto. In arriving at recommended salary rates or ranges, consideration may be given to such factors as: prevailing rates of pay and of working conditions for similar work in other public agencies and in private employment, to current costs of living to suggestions of Department Heads and to the City's financial condition and policies. Prior to any such recommendation , the Personnel Officer and Representatives of employee organizations which are recognized for purposes of meeting and conferring/consulting, shall meet-and-confer/consult in good faith to endeavor to reach agreement on matters concerning wages, hours, and other terms and conditions or employment in classifications represented by such employee organizations. The compensation plan adopted as a part hereof may, from time to time, be amended by action of City Council. Affected employee organizations shall be given prior notice of amendments and revisions, in accordance with State Law. B. HOURS OF WORK The work period shall be defined as a fixed as a regularly recurring period of 168 hours or 7 consecutive 24-hour days. This period start at 12:01 A.M., Saturday, and ends at 12:00 P.M. Midnight on Friday. The work day shall be defined as any fraction of the work period above that when calculated or added together, totals 40 hours per work period. Employees required by the nature of their job to work a period of time greater than that defined herein, shall be compensated for hours in excess of the full-time work week on the basis of, and in accordance with, the provisions set forth herein relating to overtime, unless otherwise provided for herein by the law. 51 C. WORK SCHEDULE Department Heads shall designate working schedules for the employees of their appropriate departments to carry out work of the Department. The Department Heads may alter the schedule from time to time as the needs of the department may require. The City will notification of changes in work schedule two weeks in advance except in cases of an emergencies. The Department Head shall report in writing to the City Manager any work schedules put into effect and any changes made thereto; such changes must be in keeping with the intent of any employer-employee agreement which has been approved by the City Council. D. HOURS AND PAY Employees shall be paid on the basis of the hourly rates set forth based upon actual hours worked. The pay period shall be a recurring period of 336 hours, or 14 consecutive 24-hour days. Exempt employees are compensated on the basis of professional expectancies and not upon hours worked. They are expected to devote sufficient time to their duties to complete tasks at superior levels of performance and be accountable to the City and public for their activities. E. WORK SCHEDULE 1. 9/80 Plan The City and Union agree to adopt the so called 9-80 plan, whereby on a departmental basis, as approved by the City Manager, unit employees shall be scheduled to work on a regular work schedule of nine(9) days of ten(10) normal work days each during the two week work period (80 hours). Usually employees working thusly shall work 36 hours in one calendar week and 44 in another, although this may vary. EXAMPLE: For Employees scheduled under this section, overtime shall be paid for time worked in excess of forty (40) hours in a City designated work period. The work period shall be established for each individual employee so that Forty (40) hours or actual work is within each designated seven (7) day work period. Vacation leave and sick leave shall be taken in keeping with established policy and assessed on an hourly basis. Holidays shall continue to be observed on a daily basis. When a holiday falls on a Friday on which no work is scheduled under the City's 9/80 plan, employees will be given an additional floating holiday. 5 .. - - : MMMMMMMMMMW MMMM For Employees scheduled under this section, overtime shall be paid for time worked in excess of forty (40) hours in a City designated work period. The work period shall be established for each individual employee so that Forty (40) hours or actual work is within each designated seven (7) day work period. Vacation leave and sick leave shall be taken in keeping with established policy and assessed on an hourly basis. Holidays shall continue to be observed on a daily basis. When a holiday falls on a Friday on which no work is scheduled under the City's 9/80 plan, employees will be given an additional floating holiday. 5 F. CLASSES AND RANGES The classes of employees and related grades and salary ranges for LIUNA represented full-time employees for the term of this agreement shall be set forth in Exhibits B-1, B-2, B-3, B-4, B-5 attached hereto. G. SALARY STEPS Salary step advancement shall be granted upon approval of the Department Head (or the City Council in the case of the City Manager) for continued meritorious and efficient service ad continued improvement by the employee in the efficient performance of the duties of his/her position. Employees shall be eligible for consideration for salary step advancement as follows: 1. To the "B" step of the salary range, or in those cases where an employee is hired at a step above "A" step, to the next higher step in the salary range upon completion of the probationary period and acceptance to regular status. 2. To the next step of the salary range in one year upon recognition of meritorious and efficient service, by the Department Head. Review and evaluation of said service shall be in writing, discussed with the employee and signed in the presence of the Personnel Officer or his/her designee a copy given immediately to the employee. 3. In case of a promotion, the employee shall be entitled to a minimum of a 5% increase if such increase will not result in a salary rate in excess of the regular top step of the class to which he/she is promoted. The employee's new anniversary date shall be the date of said promotion and the date upon which future merit raises will be based. In those cases approved by the Department Head and the Personnel Officer wherein an employee demonstrates exceptional ability and proficiency in the performance of his/her duties, said employee may be granted a special salary step advancement to the next higher regular step in the salary range without regard to the above minimum length of service provisions. An employee who is being paid on a salary step higher than the "A" step may be reduced by one or more steps on the basis of unsatisfactory work performance or conduct. Such an action to reduce the employee's salary to a lower step, shall only be made in conjunction with disciplinary action taken pursuant to the provisions set forth herein. W An incumbent employee reclassified from his/her position to lower job class, shall retain his/her rate of pay and anniversary date for purposes of merit pay increases, or shall be placed on a regular step of the lower salary schedule closest to their rate of pay. If the "E" Step of the salary schedule of the lower job class is lower than the incumbent's rate of pay, the rate of pay shall be identified as the "Y' Step of the lower salary schedule. An employee compensated at the "Y" Step because of the downward reclassification shall remain in the "Y' Step until such time as his/her job class is assigned to a salary schedule in which the "E" Step is equivalent to or higher than the "Y" Step, at which time the employee shall be placed in the "E" Step. An incumbent employee reclassified with his/her position to an equivalent job class, shall retain his/her rate of pay and anniversary date for purposes of merit pay increases. H. COMPENSATION ADJUSTMENTS Effective first pay period in July 2014 there will be a three percent (3%) increase added to the base salary. Effective first pay period in July 2015 there will be a three percent (3%) increase added to the base salary. Effective first pay period in July 2016 there will be an additional step added to the top of the salary range in the amount of (5%). Employees will be eligible for this (6t") merit step on their evaluation date. I. OVERTIME Subject to approval by the City Manager and to the following provisions, a Department Head may prescribe reasonable periods of overtime to meet the operational needs of their department. Overtime is defined as hours worked by any employee subject to the provisions of the Fair Labor Standards Act in excess of forty (40) hours worked in one (1) week or 80 hours in a two week pay period, where a 9/80 schedule is in place. Said non-exempt employees shall receive additional compensation for overtime in accordance with the following provisions: 1. Non-exempt employees shall be compensated at one and one-half times their hourly rate for all overtime hours worked in excess of 40 hours paid in a week. Hours of unpaid leave shall not be considered "hours worked" in determining eligibility for time and one-half compensation. 2. In lieu of monetary compensation for overtime hours worked in excess of 40, non-exempt employees may elect to receive compensatory time off at a rate not less than one and one-half hours for each hour of 7 overtime. An employee who works in a public safety activity, emergency response activity, or a seasonal activity may accrue no more than 480 hours of compensatory time. All other non-exempt employees may accrue no more than 240 hours of compensatory time. All overtime in excess of these maximum accruals will be compensated in cash only. An employee with accrued compensatory time shall be permitted to use such time within a reasonable period after making the request if the use does not unduly disrupt the operations of the City. Upon termination any accrued and unused compensatory time will be paid at the rate that is not less than (1) the average regular rate received by the employee during the last three years of the employee's employment, or (2) the final regular rate of the employee, whichever is higher. 3. Any City recognized holiday worked shall be paid at the rate of one and one-half times the regular hourly rate plus nine (9) hours pay for said holiday, unless the holiday was a scheduled eight (8) hour day. 4. A minimum of two (2) hours pay at time and one-half shall be paid to any employee who is called back to work during non -regularly scheduled work hours. Call back time worked beyond two (2) hours will be paid at one-half. This section shall not be interpreted as requiring a minimum payment of two (2) hours when an employee's work shift is extended or he/she is called in early to work his/her shift. If an employee is called to perform City work during non -regularly scheduled work hours, which work is handled over the telephone and does not require the employee's physical presence at the job site, the employee will be compensated for such telephone calls in fifteen (15) minute increments. For example, an employee who in required to spend up to 15 minutes on the telephone performing City work during non -regularly scheduled work hours will be paid for 15 minutes; an employee who spends between 16 and 30 minutes on the telephone will be paid for thirty (30) minutes work, etc. 5. Recognized holidays, legitimate sick leave days and approved vacation days will be calculated as time worked in computing overtime. N J. STAND-BY POLICY 1. Duty Sign up — The Department Director shall designate the minimum standards qualifying an individual to perform a stand-by function. The department will first seek stand-by individuals by means of a voluntary sign up list. If fewer than two employees volunteer for stand-by duty, then the Department Director shall assign the appropriate number of employees to stand-by status. Such assignment shall be on a rotation basis. Procedures will be adopted and instruction provided prior to implementation of this policy. 2. Duty Requirements — Employees on a stand-by shall be required, at all times, to carry a functioning City -issued cell phone, pager, voice mail device and be able to respond to calls within 30 minutes of being paged. In addition, employees are expected to maintain a state of mental alertness and physical dexterity similar to that which is required for performance of their regular duties. A stand-by assignment shall be for fourteen consecutive calendar days starting on Friday at the end of the normal work shift. 3. Compensation — In any situation where an employee has been in a designated stand-by status and is to remain on-call, then the employee shall be compensated at a rate of $175.00 for each seven day stand-by period. 4. Substituting for an Employee — Any employee designated to serve in a stand-by capacity may seek a substitute by another employee, subject to submitting such proposal to the Department Manager and subject to the Department Director's approval of the substitution. The substitute shall be compensated at $25 per day. During a personal emergency, the stand-by person may select a substitute from the approval list without department approval. 5. Duty List — The Department Manager shall be responsible for scheduling employees for stand-by duty and providing a duty roster to the Sheriff's Department and the City Manager. The Duty roster will list stand-by employees with their stand-by duty dates, home telephone numbers, and City -issued cell phone, pager, and voicemail number. K. BILINGUAL PAY The City agrees to an annual Bilingual Pay bonus of $600 to qualified employees payable at the end of each fiscal year. Qualified employees will have been tested for bilingual ability and have agreed to provide bilingual services in the course of their employment. 9 L. PARTITY AND CLASSIFICATION STUDY Study to begin in Year 4 (2016-2017) City and Union will meet and confer on the subject of implementation of the study. M. LONGEVITY PAY The City provides Longevity Pay of 5% at the end of the 10th, 151h and 201h years, subject to Department Head recommendation and City Manager approval, for employees at the top step of their range. N. EXEMPT EMPLOYEES Certain classes of employment are considered to be "exempt' from the provisions of the Fair Labor Standards Act (FLSA) on the basis of the executive, administrative, or professional functions. Incumbents employed in those classes shall not be eligible for overtime pay but shall be entitled to paid Administrative Leave as set forth in the Personnel Rules and Regulations. Those classes not considered exempt are listed in Exhibit B-1. O. PAY DAYS, DIRECT DEPOSIT & CHECK STUBS The official pay day will be the Thursday following the end of the pay period. New employees are required to participate in Direct Deposit. The City provides check stubs supplying, on a current basis, complete information of all deductions, sick leave, vacation leave, floating holidays and administrative leave. P. TEMPORARY UPGRADE In the event an employee is assigned a temporary upgrade to a classification that is in a higher pay range than the one in which he/she is regularly employed, he/she shall receive compensation as follows: The employee must first work in the higher classification for not less than twenty (20) consecutive working days within a 12 -month period. After having accumulated twenty (20) working days in the higher classification, thereafter the employee shall receive a five percent (5%) increase in pay for work in the higher classification. Within six (6) months the position will be reevaluated to determine permanency or continued temporary status and appropriate compensation. Q. BONUS PAY The City shall have the right to develop and establish policies and procedures pertaining to bonus and/or incentive pay. IN R. VACATION PAYOUT Employees that accrue vacation shall be eligible to cash out a maximum of forty (40) accrued vacation hours in a fiscal year provided that they leave at least a minimum of forty (40) accrued vacation hours on the books. Employees must complete a vacation payout request form, obtain acknowledgement from their director and approval from finance and the City Manager. S. RECALL PROCEDURE If an employee is called back within one year of layoff they will receive the same pay and benefits as if rehired to the same position. T. PUBLIC CONTACT The City Administration has implemented a program limiting public access hours to 8 a.m. to 5 p.m., Monday through Thursday, and 8 a.m. to 4 p.m. on Friday, in conjunction with the 9/80 program implementation. ARTICLE VI BENEFITS A. GENERAL Classified employees shall be entitled to certain benefits of economic value in addition to salaries, economic incentives, holidays, vacations, etc., provided herein. B. UNIFORMS Uniformed employees of the Public Works Department and other designated employees shall be furnished uniforms in accordance with policies established by the Department Head and approved by the City Manager. C. MEDICAL, DENTAL, VISION AND LIFE INSURANCE Subject to market conditions and changes necessitated thereby, the City shall make available single party and dependents hospitalization, major medical, dental, and life insurance to all employees, and to such other officials as may be designated by the City Council. The City shall pay that amount toward the premium for such insurances as may be determined by the City Council and the employee shall pay the remainder of the premium. Such premiums shall be paid 11 only to the company or companies with which the City has contracted for such insurance coverage. During periods of approved medical leave with pay, the City shall continue to pay its normal contribution for the above insurances for all officers and employees. 1. Health & Dental a) The City will remain in the medical coverage program offered by the Public Employees' Retirement System of the State of California (CaIPERS). Each employee may choose any one of the plans offered by CaIPERS and available in Riverside County. b) Dental coverage will be maintained at the same or equivalent level of benefit for the term of this agreement. The City's Dental Plan will be provided by Standard Insurance Company. 1) Active coverage. The parties agree that issues such as administration of benefits, eligibility and level of benefits are a matter of coverage between the insured and the carrier and are not subject to the dispute resolution machinery of the Grievance Procedure. 2) Policies and benefits therein are subject to change by the carrier, by marketplace, by CalPERS Regulations or other intervening regulations or law. In the event of such change the City shall not be required to maintain any benefit or benefit level other than that contained in mutually agreed to carrier policies. C) Vision coverage will be maintained at the same or equivalent level of benefit for the term of this agreement. 2. Medical Insurance Allowance a) Full-time Employees hired prior to July 1, 2011 The City shall pay a maximum of one thousand, two hundred dollars ($1200.00) toward the employee's monthly health insurance premium for the employee and their dependents. b) Full-time Employees hired after July 1 2011 Effective July 1, 2011 any new hire employee will receive the PEMCHA minimum defined as the statutory medical insurance 12 contribution pursuant to Government Code Section 22892. The City will contribute an additional allowance towards the employee's monthly health insurance premium for the employee and their dependents. Any excess FSA will be deposited into a Health Retirement Account ("HRA") established by the City. Effective July 1, 2014 the medical contribution will be ($750) per month. Effective July 1, 2015 the medical contribution will be ($800) per month. Effective July 1, 2016 the medical contribution will be ($850) per month. Any employee eligible for Medicare coverage shall designate Medicare as his/her primary insurance coverage. 3. Life The City agrees to maintain the group life insurance policy for all LIUNA represented employees in the amount of $50,000 unless a higher amount for a given class is specified. The effective date will be February 1, 2014. 4. Retirement The City shall pay the appropriate employer's contribution toward retirement benefits in accordance with the provisions of the contract between the City of Lake Elsinore and the Public Employee's Retirement System. In addition the City shall pursuant to the Sick Leave Buy Back Policy accumulated by the employee upon retirement as a supplemental retirement benefit. The City is recognized by the Social Security Administration as an eligible employer and as such the City and its employees must make appropriate contributions as determined by the Social Security Administration. Retirement Formulas: a) Classic CalPERS Employees hired prior to July 1, 2011 (Tier 1) 1. Employees will participate in the 2.5% @ 55, single highest year, formula provided by CaIPERS. 13 2. Effective July 1, 2014 each employee shall pay an additional two percent (2%) towards the employee contribution. Effective July 1, 2015 each employee shall pay an additional two percent (2%) towards the employee contribution. Employees will be paying the total employee contribution of eight percent (8%). b) Employees hired between July 1, 2011 and January 1, 2013 or hired after July 1, 2011 and from a Reciprocal Agency within 6 month break in service (Tier 2) [PEPRA] Employees will participate in the 2% @ 60, three (3) year average, formula provided by CalPERS. 2. Each employee shall pay the full seven percent (7%) employee contribution. C) Employees hired after January 1, 2013 and new to CWPERS membership and was not a member of a Reciprocal Agency or had a break in service for longer than 6 months from CalPERS or a Reciprocal Agency. This Tier is mandated by State and must follow the current policy and guidelines. (Tier 3)[PEPRA] Employees will participate in the 2% @ 62, three (3) year average, formula provided by CalPERS 2. The total current maximum salary reportable is $113,700 Pensionable Compensation Cap per PEPRA 3. Each employee shall pay the full 6.25% current employee contribution 5. Retiree Medical a) All LIUNA represented employees filling authorized positions regardless of hire date shall receive medical insurance for the employee and their eligible family members. Employees will receive the PEMCHA minimum contribution. The PEMCHA minimum is the statutory medical insurance contribution pursuant to Government Code Section 22892. 14 1. Employees hired prior to January 1, 2014 shall receive an additional contribution equal to the difference between the medical insurance premium total minus the PEMCHA minimum. 2. Employees hired after January 1, 2014 shall only receive the PEMCHA minimum contribution. 6. LIUNA Pension Effective December 1, 1996, all eligible union members were enrolled in the LIUNA Pension Plan. The City will deduct $.41 per hour of regular work up to forty (40) hours per week maximum for each covered employee. This deduction will adjust based on the LIUNA Pension Rehabilitation fee agreement. 7. Social Security The City is recognized by the Social Security Administration as an eligible employer and as such the City and its employees must make appropriate contributions as determined by the Social Security Administration. 8. Medicare Employers and employees both pay taxes required by the Federal Insurance Contributions Act (FICA) to fun two federal government benefit programs: Social Security and Medicare. Social security is comprised of Old Age and Survivor's Insurance (OASI) and Disability Insurance (DI), and Medicare benefits are provided by the Health Insurance (HI) Program. The employee share of social security and Medicare taxes is withheld for wages and the employer calculates its share, then the employer pays both shares to the Federal government. 9. Deferred Compensation The City will continue to provide a deferred compensation program that appropriately interfaces with the CalPERS program. Said program shall be considered voluntary in nature. 15 10. Training The City will continue to make provisions for and provide materials and instructors for employees in the areas of Sexual Harassment Prevention, Customer Service, Public Liability, CPR and First -Aid Certification. 11. Health & Safety Committee The City agrees to establish a Health and Safety Committee including general employees, management employees, the LIUNA representative and the Director of Administrative Services (or his/her designate). 12. Additional Benefits The City may enact such additional benefits, or compensation in lieu thereof, as it may see fit in accordance with the City's compensation policy. 16 ARTICLE VII HOLIDAYS & LEAVE A. HOLIDAYS The following Holidays will be observed, or as adjusted by advance resolution, to meet business needs: 1. January 1 New Year's Day 2. Third Monday in January Martin Luther King Jr. Day 3. Third Monday in February President's Day 4. Last Monday in May Memorial Day 5. July 4 Independence Day 6. First Monday in September Labor Day 7. Second Monday in October Columbus Day 8. November 11 Veteran's Day 9. Fourth Thursday in November Thanksgiving Day 10. Friday after Thanksgiving Day after Thanksgiving 11. December 25 Christmas Day 12, Floating Holiday Employee Designation 13. The City also observes a full work day before Christmas as a holiday for one half of the employees and a full work day before New Year's for the other half of the employees, with the provision that the Department Director may have to decide which employees get which day, based on the departmental needs and requirements. B. VACATION ACCRUAL The purpose of annual vacation leave is to enable each eligible employee annually to return to their work mentally and physically refreshed. Each incumbent of a full-time position shall accrue vacation leave with pay on the following basis: 1. Accrual Rate: The following shall be the annual accrual rate for full-time employees with one (1) through nine (9) years of service. Years of Service Working Days** of Accrual per Year Employment date thru 4th year 12 51h thru 61h year 13 7th81h thru 91h year 14 Employees with ten (10) or more years of service shall accrue one ** (1) more working day of vacation for each additional year of employment up to a maximum twenty-two (22) days ** per year. ** One (1) vacation day is equal to 8 hours. 17 As of July 1, 2013 the new accrual table was adjusted to reflect the new 'interpreted' and agreed upon calculation. The increase in recalculated hours on the current accrual will be done for all full- time employees at July 1, 2013 who have completed 5 years of service or more. Hours will be added to the employee's vacation accrual when the calculation is completed and when staff time permits. 2. Pay Period: A complete bi-weekly pay period for which benefits herein shall accrue is defined as a bi-weekly pay period in which the employee has been in pay status for more than half of the working hours in that pay period. 3. Full-time: Full-time employment, for purposes of this Section, shall be construed as the forty (40) hour week, regardless of the number of hours actually worked in a week. 4. Scheduling: The arranging of vacation schedules shall be the responsibility of the Department Head, primarily with particular regard for the needs of the City and, secondly, insofar as possible, with the wishes of the employee. 5. Unused Accrual: An incumbent who separates from the service of the City shall receive payment for the unused vacation leave to which he would otherwise be entitled as of the date of separation. 6. Maximum Accrual: Vacation leave may accumulated to no more than two (2) year's accumulation. The vacation accrual rate for all employees who have reached the maximum accrual amount allowed, shall be zero days per year. 7. In -Lieu Compensation: It is the policy of the City to encourage employee use of vacation time on a periodic basis to allow the employee a time of rest and recreation in order that he/she may return to the work place physically and mentally refreshed. Compensation in lieu of vacation shall not be granted except in those cases where an employee has earned the maximum accrual because, in the opinion of the City Manager, the use of vacation time by the employee at that time would make it difficult for the City to provide essential services. B. SICK LEAVE 1. Accrual: Sick leave shall be accrued at the rate of one (1) day per month for all full-time employees IN 2. Use Allowed: Accrued sick leave is conditional benefit and may only be used in the event of the occurrence of the one the following; a) A bona -fide illness or disability of the employee; b) A bona -fide illness or disability of a member of the employee's immediate family as defined herein which requires his/her attention; c) Being subject to quarantine or being exposed to a contagious disease which may endanger the health of the other employees; d) To attend an appointment for a medical, dental or optical examination; or, e) A comparable incident as so determined by the employee's Department Head. 3. Abuse: The use of sick leave in a manner inconsistent with the above parameters in not permitted. Misuse of sick leave including but not limited to patterned or excessive use of sick leave is cause for disciplinary action. 4. Extended Use: Evidence may be required in the form of the City physician's certificate, or any other individual licensed to practice medicine in the State of California, in determining the adequacy of the reasons for any of the employee's absences during which sick leave time is requested. Evidence will be required for any absence of a duration of three (3) or more consecutive working days during which sick leave time is requested, unless waived by the Department Head. At its discretion, City shall have the right to require an employee to undergo, at City cost, a medical examination and tests related to an employee's sick leave utilization and medical fitness for duty, as it relates to the use of sick leave. 5. Release: An employee absent for a period of two consecutive work days per month (Friday and the following Monday are considered to be consecutive work days) due to an illness or injury, may be required to bring a release from the employee's physician stating the employee is now capable of returning to active non -limited work. Requirements of such release shall be at the discretion of the City. 6. Partial Day: Whenever any portion of a work day is taken as sick leave, the amount of sick leave used shall be equal to the actual time off work. 7. Incentive: In order to reduce lost time, the City provides this sick leave incentive program to those employees who demonstrate a good attendance record. Each classified employee eligible for sick leave accrual shall be credited an additional four and one half (4.5) hours vacation leave for each quarter year (the maximum annual sick leave incentive being eighteen (18) ZO hours if sick leave was not used. Said vacation leave credit, if and when earned. shall not affect sick leave. 8. Buy Back: City employees who end their employment with the City of Lake Elsinore for any reason (i.e. layoff, voluntary quit, retire, death), shall be compensated in cash for unused sick leave at final rate of pay based on the following: 0 to 2 years None 2 to 10 years 50% 11 to 17 years 75% 17 or more years 100% There shall be no maximum amount of sick leave eligible for cash compensation subject to the foregoing schedule. All current employees as of the adoption date of these rules shall be eligible for this benefit for the term of their employment. C. MATERNITY LEAVE As supported by a physician's statement, an employee medically disabled due to pregnancy and childbirth; however, said additional nonmedical leave shall not exceed three (3) months. (Disabilities under this section shall be administered without discrimination with respect to other leaves for disability and shall be consistent with the Family Medical Leave Act.) D. BEREAVEMENT LEAVE When an employee is compelled to be absent from duty by reason of the death of a member of his/her immediate family, such employee shall be granted three (3) working days of bereavement leave, to attend services, grieve, assist in estate arrangements, or travel for same, with pay. If an employee must travel more than two hundred fifty (250) miles to attend funeral services, five (5) working days of "bereavement leave" with pay shall be granted. Absence from duty in excess of the number of days authorized by this paragraph or absence from duty to attend funeral services of one not a member of the employee's immediate family shall be chargeable to accrued vacation leave time or may be taken as a leave of absence, subject to the approval of the Department Head. E. INDUSTRIAL ACCIDENT LEAVE If an employee is injured on the job and is eligible for Worker's Compensation, the City will debit the disabled employee's sick leave the actual amount that would offset the differential between the disability rates computed by Worker's Compensation and the daily base pay of said employee. For purposes of 20 realizing benefits under this section, an employee shall endorse the Worker's Compensation check for the employee's full base salary. F. JURY DUTY AND SUBPOENAS Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided that no more than three (3) City employees are rendering such services concurrently, and further provided the employee remits to the City all fees received for such duties other than mileage or subsistence allowance within thirty (30) days from the termination of his/her jury service. In the matter of Three Lakes Municipal Court in Lake Elsinore or Perris, the employee, if not impaneled, is expected to return to duty following the normal lunch break. All employees when released from jury duty are expected to contact their immediate supervisor by telephone, unless one hour or less remains on their normal work shift. Employees other than those who are parties to an action of malfeasance, who are subpoenaed to appear as witnesses on behalf of the State of California or any of its agencies may be granted leaves of absence with pay from their assigned duties until released. The employee shall remit all fees received for such appearances to the City within thirty (30) days from termination of his/her service. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee. G. MILITARY LEAVE State, military, and veterans code and other applicable laws shall govern the granting of military leaves of absence and the rights of employees returning from such absence. H. OTHER LEAVES The City Manager may grant a leave of absence without pay to any officer or employee of the City, except those appointed by City Council. I. SCHOOL LEAVE An employee who is a parent, guardian, or grandparent with custody of a child in school (K-12) or of a child attending a licensed child day care facility, and who works in a location with 25 or more employees, may take off up to 9 hours per calendar month, and up to 40 hours per year, to participate in the activities of the school or licensed day care facility. Employees desiring to take school leave must give the City reasonable advance notice of the planned absence, and must provide documentation from the school as proof that the employee was present at the school or day care center on a 21 0 F-01 specific date and time. If both parents work at the same location, the parent who first gives notice of the absence may take school leave as a matter of right, the second parent may take school leave at the same time for the same event only with his or her supervisor's permission and at the supervisor's discretion. Employees taking school leave must use any existing vacation, personal leave or compensatory time off for the planned absence. Otherwise, school leave is unpaid. ARTICLE VIII CATASTROPHIC LEAVE DONATIONS Definition of catastrophic illness or injury. Catastrophic illness or injury is a severe illness or injury which is expected to incapacitate the employee for an extended period of time and which creates a financial hardship because the employee has exhausted all accumulated leave. Catastrophic illness or injury is further defined as a debilitating illness or injury of an immediate family member (i.e., the spouse, son, daughter, step -son, step- daughter, foster -son, foster -daughter, parents, grandparents, brother or sister of the employee or any other person living in the immediate household of the employee) that results in the employee being required to take time off from work for an extended period to care for the family member creating a financial hardship because the employee has exhausted all accumulated leave. Conditions and procedures under which a Time -Bank for catastrophic illness/injury may be established. Only the City Manager, upon concurrence from the Administrative Services Director, may request establishment of a Time -Bank for an employee within the department who is suffering a financial hardship due to a catastrophic illness or injury. 2. When the City Manager has determined that an employee would benefit from the establishment of a Time -Bank, the Department Head will contact the employee to determine if the employee desires to participate in a Time -Bank program. If the employee desires to participate in the Time - Bank program, the Department Head will contact the City Manager and recommend the establishment of the program. 3. The Time -Bank will be established on behalf of an individual employee. The bank will accept donations of leave from one or more donors. 22 4. The Time -Bank will be operated by the Administrative Services Department. The Department Head will take actions to help ensure that individual employee decisions to donate or not donate to a Time -Bank are kept confidential and that employees are not pressured to participate. 5. On establishing a Time -Bank program, the Administrative Services Department should ensure that only credits that are necessary are donated. All donations are not retrievable. C. Conditions under which leave credits may be donated to a Time -Bank. 1. Any City employee may donate vacation or compensatory time. Sick leave may not be donated. 2. Donations of vacation or compensatory time must be in increments of 8 hours or more and drawn from one bank only. 3. The donation of leave hours is irreversible. Should the person receiving the donation not use all donated leave for the catastrophic illness/injury, any balance will remain with that person or will be converted to cash upon that person's separation. 4. An employee may not donate leave hours which would reduce their accrued total leave balances of vacation and compensatory time to less than 80 hours. 5. Donated leave shall be changed to its cash value and then credited to the recipient in equivalent hours at the recipient's base hourly rate. 6. Employees will use a provided form to submit donations directly to the Administrative Services Department. Adjustment to donors and recipient's paid leave balances will be made. D. Conditions under which leave credits in a Time -Bank may be used. 1. Only the employee for whom the Time -Bank has been established may receive leave credits from the Time -Bank. Such leave credits shall be added to the employee's vacation balance. 2. The affected employees will provide verification of their (or immediate family member's) illness or injury on an Attending Physician's Statement to Support Leave or Return from Leave while using time donated under this program. 3. The use of donated credits shall be for a maximum of twelve (12) continuous months for any one catastrophic illness. 23 ARTICLE IX BOOT ALLOWANCE The following classifications shall be reimbursed an annual boot allowance of a maximum of one hundred and fifty dollars ($150.00) per fiscal year: Associate Civil Engineer Building Inspector Chief Mechanic Code Enforcement Officer I Code Enforcement Officer II Code Enforcement Supervisor Engineering Inspector Equipment Operator Graffiti Technician Lake Operations Supervisor Lead Worker - Lake Operations Lead Worker - Parks Lead Worker - Streets Lead Worker - Weed Abatement Maintenance Worker I Maintenance Worker 11 Mechanic Parks Specialist Parks Supervisor Public Works Supervisor Sr. Building Inspector Sr. Code Enforcement Officer ARTICLE X REOPENER ON PERSONNEL RULES During the term of this MOU, the parties agree to reopen the MOU to meet and confer on the items "transferred" from the June 21, 1999 Personnel Rules and Regulations, set forth in Article III. ARTICLE XI REOPENER FOR EMPLOYER-EMPLOYEE RELATIONS RESOLUTION During the term of this MOU, the parties agree to reopen the MOU to meet and confer on implementation of an Employer -Employee Relations Resolution. 24 ARTICLE XII AGENCY SHOP The "Agency Shop Side Letter of Agreement' is attached as Exhibit C and is incorporated herein by reference. ARTICLE XIII SUPPLEMENTAL INSURANCE The City agrees to provide a voluntary payroll deduction for employees to purchase supplemental insurance sponsored by the Union. The City shall make no contribution toward the purchase of such insurance. ARTICLE XIV SECTION 125 PLAN The City has established a voluntary Section 125 Plan pursuant to the regulations of the Internal Revenue Service. The selection of the third party plan administrator shall be the sole discretion of the City. Employer related administrative costs shall be borne by the City. Employee related administrative costs shall be borne by the individually enrolled employee. ARTICLE XV STANDBY PAY Chapter 5, Section 7 (Stand-by Policy) in attached Exhibit A shall be modified as follows: A. Duty Requirements - Employees on a stand-by status shall be required, at all times, to carry a functioning City -issued cell phone, pager, voice mail device and be able to respond to calls within 30 minutes of being paged. In addition, employees are expected to maintain a state of mental alertness and physical dexterity similar to that which is required for the performance of their regular duties. A stand-by assignment shall be for seven (7) consecutive calendar days starting on Friday at the end of the normal work shift. 25 B. Compensation - In any situation where an employee has been in a designated stand-by status and is to remain on-call, then the employee shall be compensated at a rate of $175.00 for each seven day stand-by period. ARTICLE XVI STANDBY VEHICLE The City will provide a "take-home" City vehicle for the employee(s) assigned standby. Such employee(s) shall be subject to the following policy: This policy applies to all employees required or authorized to operate a vehicle owned or leased by the City. For the purpose of this policy, "home" shall mean an employee's personal residence, or any other residence where an employee spends the night. POLICY Vehicles are made available to City employees to facilitate the conduct of City business. These vehicles shall be used only for authorized City business and shall be operated only by City employees possessing valid California driver's licenses of the appropriate class for the vehicle A. Authorized Use of City Vehicles includes the following: 1. Transporting employees to and from the job site or otherwise facilitating job-related duties. 2. Transporting non -City employees in the course of authorized business (i.e., field checking a site with a contractor, engineer, vendor, or other interested party). This may also include transportation to lunch or other meal, if authorized by the Department Head. 3. Attending an authorized meeting on official business. 4. Driving a City vehicle to lunch or other meal if that vehicle is your normal transportation to and from work if authorized by the employee's Department Head. 5. Any use justified by emergency or extraordinary circumstances which is reported to the employee's supervisor immediately following the emergency. M B. Unauthorized Use 1. The City does not authorize the use of its vehicles whether for "take home" purposes, or in conjunction with performing assigned duties, or both, for the following purposes: a) City vehicles are not to be used for personal business. b) Transporting non -City employees, whether or not en route to an authorized destination, i.e., dropping a child off at school, or giving a neighbor a ride to work. C) Employees are not allowed to smoke in City vehicles at any time. 2. In the event of an accident or injury during unauthorized use, the City shall not provide coverage, nor defend and indemnify the employee's actions for property damage or resulting injuries. TAKING HOME CITY VEHICLES By authorizing employees to take home City vehicles, the City assumes the daily cost of that employee's commuting expense. Unless the authorization to use a City vehicle confers a benefit to the City and is in the City's best interests, requests to take City vehicles home will not be approved. Use of a City vehicle for commuting will be reported as income to the Internal Revenue Service, in accordance with applicable rules. A. Vehicle "Take Home" Criteria: One of the following criteria must be met before an employee will be given permission to routinely take a vehicle home: a) The employee's duties involve emergency work, and the employee is regularly on call, or the employee has special equipment or a specially equipped vehicle. b) The employee's duties require special equipment or a specially equipped vehicle, and the employee has an assignment that requires regular and frequent field work during off-duty hours. 2. The one-way commute distance from the employee's home shall not exceed thirty (30) miles or thirty (30) minutes from the City limits. A waiver of this condition may be permitted, see Exceptions to Policy Requirements outlined in this policy. 27 B. Occasional Overnight Use of City Vehicles: On rare occasions, there may be a need for an employee not authorized to regularly drive a vehicle home to keep a pool car or assigned vehicle overnight. Permission to use a City vehicle overnight (e.g., to take it home) shall be obtained from the Department Head prior to use. Any employee authorized to use a City vehicle overnight shall comply with all of the regulations set forth herein. C. Storage Safety and Return of "Take Home" Vehicles: Any employee authorized to keep a City vehicle overnight shall comply with the following regulations in addition to all other applicable regulations contained in this policy: 1. Parking (preferably covered) must be provided at the employee's residence, and the vehicle must be parked overnight off the street. 2. Employees are expected to take all necessary precautions to ensure the safety of their assigned vehicle while it is parked at their home. 3. Employees must make arrangements to return their assigned vehicle(s) to the proper City premises before departing on vacation or extended absence unless the employee's Department Head deems otherwise. REVIEW OF "TAKE HOME" AUTHORIZATION Each department shall submit to the City Manager a list of employees authorized to take home City vehicles. This report shall include the employee's name, job classification, vehicle number and type, and the one-way distance from the employee's residence to his/her job site. Department Head approval is required to authorize assigning a "take home" vehicle to a new employee. The City Manager shall receive an updated report any time there is a change in vehicle assignments. EXCEPTIONS TO POLICY REQUIREMENTS Permission to deviate from this policy requires the approval of the Department Head and the City Manager. All such requests and authorizations shall be in writing. M ARTICLE XVII TUITION REIMBURSEMENT Section 18 (B)(5) of Resolution No. 2006-73, adopted May 23, 2006, shall be amended as follows: Employees shall be reimbursed up to the dollar amount charged for the same number of units per term by the University of California. An employee shall not receive reimbursement in excess of Three Thousand Two Hundred and Fifty Dollars ($3,250.00). Any employee who leaves City employment within twelve (12) months of receiving tuition reimbursement shall refund to the City the amount of such tuition reimbursement. Such refund may be deducted from the employee's final paycheck. 29 ARTICLE XVIII SAVINGS CLAUSE Should any provision of this agreement, or any application thereof, be unlawful by virtue of any Federal, State or Local laws and regulations, such provision of this Agreement shall be effective and implemented only to the extent permitted by such laws and regulations. As to all other respects, the provisions of this Agreement shall continue in full force and effect for the life thereof. ARTICLE XIX GENERAL CONDITIONS A. PEACEFUL PERFORMANCE 1. During the term of this Agreement, neither the Union or its agents or any Bargaining Unit Employee, for any reason, will authorize, institute, aid, condone or engage in a work slowdown, work stoppage, strike, or any other interference with the work and statutory functions or obligations of the City. 2. LIUNA, Local 777, agrees to notify all of its officers, stewards, and staff of their obligation and responsibility for maintaining compliance with this Section, including the responsibility to remain at work during any activity which may be caused or initiated by others, and to encourage employees violating this Section to return to work. B. NON-DISCRIMINATION The City and Union agree that neither party will illegally discriminate or cause the other to discriminate against any employee on the basis of age, sex, race, religious creed, color, national origin, ancestry, marital status, physical or mental disability, sexual orientation, or political affiliation, and agree to take such action as necessary to assure that this purpose is achieved. Alleged violations of this Section shall not be grievable under the grievance procedure contained herein. 30 ARTICLE XX COMPLETION OF BARGAINING With the exception of the limited reopeners provided within this Agreement the Union and the City, for the life of this Memorandum, voluntarily and unqualifiedly waive and relinquish the right to meet and confer, and agree that neither party shall be obligated to meet and confer with respect to any subject or matter not specifically referred to or covered in this Memorandum, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated and signed this Memorandum. Date: Dated: Date: 31 ON BEHALF OF THE CITY OF LAKE ELSINORE nt Yates, City Manager APPROVED AS TO LEGAL FORM City Labor Relations Counsel ON BEHALF OF LIUNA, LOCAL 777 Fred Lopez, Union President Steven Switzer, LIUNA Representative CITY OF LAKE ELSINORE MOU 2013-2017 / EXHIBIT B-1 LIST OF POSITIONS AND RANGES POSITION RANGE POSITION RANGE Account Specialist 1 28 I.T. Database Analyst 49 Account Specialist II 34 I.T. Technician 1 44 Account Specialist III 39 I.T. Technician II 49 Accountant 1 44 Information System Analyst 65 Administrative Assistant 44 Lake Operations Supervisor 57 Assistant Planner 51 Lead Worker- Facilities 46 Associate Civil Engineer 59 Lead Worker- Lake Operations 46 Associate Planner 57 Lead Worker- Parks 46 Building Inspector 49 Lead Worker- Street Operations 46 Chief Mechanic 57 Lead Worker- Weed Abatement 46 Code Enforcement Officer 1 41 Maintenance Worker 1 30 Code Enforcement Officer 11 47 Maintenance Worker 11 36 Code Enforcement Supervisor 57 Mechanic 36 Community Development Technician 44 Office Specialist 1 23 Community Development Technician II 49 Office Specialist 11 29 Community Services Coordinator 47 Office Specialist 111 39 Customer Service Specialist 29 Parks & Recreation Analyst 57 Deputy City Clerk 57 Parks Specialist 44 Engineering Inspector 59 Parks Supervisor 57 Engineering / NPDES Coordinator 52 Public Works Supervisor 57 Engineering Technician 44 Recreation Supervisor 57 Engineering Technician II 49 Senior Accountant 55 Equipment Operator 44 Senior Code Enforcement Officer 52 GIS Data Analyst 57 Senior Building Inspector 58 GIS Specialist 35 Senior Engineering Technician 54 GIS Technician 1 36 Senior Planner 64 Graffiti Technician 36 Special Events Coordinator 47 Graphics Technician 47 32 CITY OF LAKE ELSINORE MOU 2013 -20141 EXHIBIT B-2 Salary Range / Step Schedule TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Account Specialist 1 28 14.9928 15.7427 16.5295 17.3562 18.2239 Account Specialist 11 34 17.2421 18.1042 19.0095 19.9600 20.9580 Account Specialist 111 39 19.8286 20.8200 21.8611 22.9542 24.1019 Accountant 1 44 22.6106 23.7412 24.9284 26.1746 27.4834 Administrative Assistant 44 22.6106 23.7412 24.9284 26.1746 27.4834 Assistant Planner 51 26.6946 28.0295 29.4309 30.9026 32.4476 Associate Civil Engineer 59 31.9567 33.5546 35.2323 36.9938 38.8437 Associate Planner 57 30.4221 31.9433 33.5404 35.2175 36.9783 Building Inspector 49 25.4338 26.7056 28.0410 29.4431 30.9153 Chief Mechanic 57 30.4221 31.9433 33.5404 35.2175 36.9783 Code Enforcement Officer 1 41 20.7816 21.8207 22.9117 24.0575 25.2603 Code Enforcement Officer II 47 24.0724 25.2763 26.5402 27.8670 29.2604 Code Enforcement Supervisor 57 30.4221 31.9433 33.5404 35.2175 36.9783 Community Development Technician 44 22.6106 23.7412 24.9284 26.1746 27.4834 Community Development Technician It 49 25.4338 26.7056 28.0410 29.4431 30.9153 Community Services Coordinator 47 24.0724 25.2763 26.5402 27.8670 29.2604 Customer Service Specialist 29 15.3361 16.1030 16.9081 17.7535 18.6412 Deputy City Clerk 57 30.4221 31.9433 33.5404 35.2175 36.9783 Engineering Inspector 59 31.9567 33.5546 35.2323 36.9938 38.8437 Engineering I NPDES Coordinator 52 27.3316 28.6982 30.1332 31.6397 33.2218 Engineering Technician 44 22.6106 23.7412 24.9284 26.1746 27.4834 Engineering Technician 11 49 25.4338 26.7056 28.0410 29.4431 30.9153 Equipment Operator 44 22.6106 23.7412 24.9284 26.1746 27.4834 GIS Data Analyst 57 30.4221 31.9433 33.5404 35.2175 36.9783 GIS Specialist 35 18.1063 19.0115 19.9623 20.9604 22.0082 GIS Technician 1 36 18.3311 19.2478 20.2101 21.2208 22.2818 Graffiti Technician 36 18.3311 19.2478 20.2101 21.2208 22.2818 Graphics Technician 47 24.0724 25.2763 26.5402 27.8670 29.2604 I.T. Database Analyst 49 25.4338 26.7056 28.0410 29.4431 30.9153 I.T. Technician 1 44 22.6106 23.7412 24.9284 26.1746 27.4834 I.T. Technician 11 49 25.4338 26.7056 28.0410 29.4431 30.9153 Information System Analyst 65 37.6213 39.5024 41.4776 43.5513 45.7288 Lake Operations Supervisor 57 30.4221 31.9433 33.5404 352175 36.9783 Lead Worker- Facilities 46 23.9660 25.1644 26.4227 27.7439 29.1309 Lead Worker- Lake Operations 46 23.9660 25.1644 26.4227 27.7439 29.1309 Lead Worker- Parks 46 23.9660 25.1644 26.4227 27.7439 29.1309 Lead Worker- Street Operations 46 23.9660 25.1644 26.4227 27.7439 29.1309 Lead Worker- Weed Abatement 46 23.9660 25.1644 26.4227 27.7439 29.1309 Maintenance Worker 1 30 16.0051 16.8053 17.6455 18.5277 19.4541 Maintenance Worker 11 36 18.3311 19.2478 20.2101 21.2208 22.2818 Mechanic 36 18.3311 19.2478 20.2101 21.2208 22.2818 Office Specialist 1 23 13.3356 14.0022 14.7024 15.4376 16.2096 Office Specialist 11 29 15.3361 16.1030 16.9081 17.7535 18.6412 Office Specialist 111 39 19.8286 20.8200 21.8611 22.9542 24.1019 Parks & Recreation Analyst 57 30.4221 31.9433 33.5404 35.2175 36.9783 Parks Specialist 44 22.6106 23.7412 24.9284 26.1746 27.4834 Parks Supervisor 57 30.4221 31.9433 33.5404 35.2175 36.9783 Public Works Supervisor 57 30.4221 31.9433 33.5404 35.2175 36.9783 Recreation Supervisor 57 30.4221 31.9433 33.5404 35.2175 36.9783 Senior Accountant 55 29.2422 30.7041 32.2398 33.8516 35.5443 Senior Building Inspector 58 31.7912 33.3804 35.0496 36.8021 38.6421 Senior Code Enforcement Officer 52 27.3316 28.6982 30.1332 31.6397 33.2218 Senior Engineering Technician 54 28.6054 30.0354 31.5376 33.1143 34.7701 Senior Planner 64 36.5914 38.4211 40.3419 42.3592 44.4769 Special Events Coordinator 47 24.0724 25.2763 26.5402 27.8670 29.2604 33 CITY OF LAKE ELSINORE MOU 2014 - 2015 / EXHIBIT B-3 Salary Range /Step Schedule TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Account Specialist 1 28 15.7514 16.5393 17.3659 18.2344 19.1460 Account Specialist 11 34 18.1146 19.0203 19.9714 20.9700 22.0185 Account Specialist 111 39 20.8319 21.8735 22.9673 24.1157 25.3215 Accountant 1 44 23.7547 24.9425 26.1898 27.4990 28.8741 Administrative Assistant 44 23.7547 24.9425 26.1898 27.4990 28.8741 Assistant Planner 51 28.0453 29.4478 30.9201 32.4663 34.0894 Associate Civil Engineer 59 33.5737 35.2525 37.0151 38.8657 40.8092 Associate Planner 57 31.9615 33.5596 35.2375 36.9995 38.8494 Building Inspector 49 26.7208 28.0569 29.4599 30.9329 32.4796 Chief Mechanic 57 31.9615 33.5596 35.2375 36.9995 38.8494 Code Enforcement Officer 1 41 21.8331 22.9248 24.0710 25.2748 26.5385 Code Enforcement Officer II 47 25.2905 26.5553 27.8831 29.2771 30.7410 Code Enforcement Supervisor 57 31.9615 33.5596 35.2375 36.9995 38.8494 Community Development Technician 44 23.7547 24.9425 26.1898 27.4990 28.8741 Community Development Technician It 49 26.7208 28.0569 29.4599 30.9329 32.4796 Community Services Coordinator 47 25.2905 26.5553 27.8831 29.2771 30.7410 Customer Service Specialist 29 16.1121 16.9178 17.7636 18.6518 19.5844 Deputy City Clerk 57 31.9615 33.5596 35.2375 36.9995 38.8494 Engineering Inspector 59 33.5737 35.2525 37.0151 38.8657 40.8092 Engineering / NPDES Coordinator 52 28.7146 30.1503 31.6579 33,2407 34.9028 Engineering Technician 44 23.7547 24.9425 26.1898 27.4990 28.8741 Engineering Technician 11 49 26.7208 28.0569 29.4599 30.9329 32.4796 Equipment Operator 44 23.7547 24.9425 26.1898 27.4990 28.8741 GIS Data Analyst 57 31.9615 33.5596 35.2375 36.9995 38.8494 GIS Specialist 35 19.0225 19.9735 20.9724 22.0210 23.1218 GIS Technician 1 36 19.2587 20.2217 21.2327 22.2946 23.4093 Graffiti Technician 36 19.2587 20.2217 21.2327 22.2946 23.4093 Graphics Technician 47 25.2905 26.5553 27.8831 29.2771 30.7410 I.T. Database Analyst 49 26.7208 28.0569 29.4599 30.9329 32.4796 I.T. Technician 1 44 23.7547 24.9425 26.1898 27.4990 28.8741 I.T. Technician 11 49 26.7208 28.0569 29.4599 30.9329 32.4796 Information System Analyst 65 39.5249 41.5012 43.5764 45.7550 48.0427 Lake Operations Supervisor 57 31.9615 33.5596 35.2375 36.9995 38.8494 Lead Worker- Facilities 46 25.1787 26.4377 27.7597 29.1477 30.6049 Lead Worker- Lake Operations 46 25.1787 26.4377 27.7597 29.1477 30.6049 Lead Worker- Parks 46 25.1787 26.4377 27.7597 29.1477 30.6049 Lead Worker- Street Operations 46 25.1787 26.4377 27.7597 29.1477 30.6049 Lead Worker- Weed Abatement 46 25.1787 26.4377 27.7597 29.1477 30.6049 Maintenance Worker 1 30 16.8150 17.6556 18.5384 19.4652 20.4385 Maintenance Worker II 36 19.2587 20.2217 21.2327 22.2946 23.4093 Mechanic 36 19.2587 20.2217 21.2327 22.2946 23.4093 Office Specialist 1 23 14.0104 14.7107 15.4463 16.2187 17.0298 Office Specialist 11 29 16.1121 16.9178 17.7636 18.6518 19.5844 Office Specialist 111 39 20.8319 21.8735 22.9673 24.1157 25.3215 Parks & Recreation Analyst 57 31.9615 33.5596 35.2375 36.9995 38.8494 Parks Specialist 44 23.7547 24.9425 26.1898 27.4990 28.8741 Parks Supervisor 57 31.9615 33.5596 35.2375 36.9995 38.8494 Public Works Supervisor 57 31.9615 33.5596 35.2375 36.9995 38.8494 Recreation Supervisor 57 31.9615 33.5596 35.2375 36.9995 38.8494 Senior Accountant 55 30.7219 32.2577 33.8711 35.5645 37.3428 Senior Building Inspector 58 33.3998 35.0694 36.8231 38.6643 40.5974 Senior Code Enforcement Officer 52 28.7146 30.1503 31.6579 33.2407 34.9028 Senior Engineering Technician 54 30.0528 31.5552 33.1334 34.7899 36.5295 Senior Planner 64 38.4429 40.3652 42.3832 44.5026 46.7274 Special Events Coordinator 47 25.2905 26.5553 27.8831 29.2771 30.7410 M CITY OF LAKE ELSINORE MOU 2015 - 20161 EXHIBIT B4 Salary Range / Step Schedule TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Account Specialist 1 28 16.2240 17.0355 17.8869 18.7815 19.7204 Account Specialist II 34 18.6580 19.5909 20.5705 21.5991 22.6790 Account Specialist III 39 21.4569 22.5297 23.6563 24.8392 26.0811 Accountant 1 44 24.4673 25.6908 26.9755 28.3240 29.7403 Administrative Assistant 44 24.4673 25.6908 26.9755 28.3240 29.7403 Assistant Planner 51 28.8867 30.3312 31.8477 33.4403 35.1121 Associate Civil Engineer 59 34.5809 36.3100 38.1255 40.0317 42.0335 Associate Planner 57 32.9203 34.5664 36.2947 38.1095 40.0149 Building Inspector 49 27.5224 28.8986 30.3437 31.8609 33.4540 Chief Mechanic 57 32.9203 34.5664 36.2947 38.1095 40.0149 Code Enforcement Officer 1 41 22.4881 23.6126 24.7932 26.0331 27.3346 Code Enforcement Officer 11 47 26.0492 27.3519 28.7196 30.1554 31.6632 Code Enforcement Supervisor 57 32.9203 34.5664 36.2947 38.1095 40.0149 Community Development Technician 44 24.4673 25.6908 26.9755 28.3240 29.7403 Community Development Technician 11 49 27.5224 28.8986 30.3437 31.8609 33.4540 Community Services Coordinator 47 26.0492 27.3519 28.7196 30.1554 31.6632 Customer Service Specialist 29 16.5955 17.4253 18.2966 19.2114 20.1720 Deputy City Clerk 57 32.9203 34.5664 36.2947 38.1095 40.0149 Engineering Inspector 59 34.5809 36.3100 38.1255 40.0317 42.0335 Engineering / NPDES Coordinator 52 29.5760 31.0548 32.6077 34.2379 35.9499 Engineering Technician 44 24.4673 25.6908 26.9755 28.3240 29.7403 Engineering Technician 11 49 27.5224 28.8986 30.3437 31.8609 33.4540 Equipment Operator 44 24.4673 25.6908 26.9755 28.3240 29.7403 GIS Data Analyst 57 32.9203 34.5664 36.2947 38.1095 40.0149 GIS Specialist 35 19.5932 20.5727 21.6016 22.6816 23.8155 GIS Technician 1 36 19.8364 20.8284 21.8697 22.9634 24.1115 Graffiti Technician 36 19.8364 20.8284 21.8697 22.9634 24.1115 Graphics Technician 47 26.0492 27.3519 28.7196 30.1554 31.6632 I.T. Database Analyst 49 27.5224 28.8986 30.3437 31.8609 33,4540 I.T. Technician 1 44 24.4673 25.6908 26.9755 28.3240 29.7403 I.T. Technician 11 49 27.5224 28.8986 30.3437 31.8609 33.4540 Information System Analyst 65 40.7107 42.7463 44.8837 47.1276 49.4840 Lake Operations Supervisor 57 32.9203 34.5664 36.2947 38.1095 40.0149 Lead Worker- Facilities 46 25.9340 27.2309 28.5925 30.0222 31.5231 Lead Worker- Lake Operations 46 25.9340 27.2309 28.5925 30.0222 31.5231 Lead Worker- Parks 46 25.9340 27.2309 28.5925 30.0222 31.5231 Lead Worker- Street Operations 46 25.9340 27.2309 28.5925 30.0222 31.5231 Lead Worker- Weed Abatement 46 25.9340 27.2309 28.5925 30.0222 31.5231 Maintenance Worker 1 30 17.3194 18.1853 19.0945 20.0492 21.0516 Maintenance Worker 11 36 19.8364 20.8284 21.8697 22.9634 24.1115 Mechanic 36 19.8364 20.8284 21.8697 22.9634 24.1115 Office Specialist 1 23 14.4307 15.1520 15.9097 16.7053 17.5407 Office Specialist 11 29 16.5955 17.4253 18.2966 19.2114 20.1720 Office Specialist 111 39 21.4569 22.5297 23.6563 24.8392 26.0811 Parks & Recreation Analyst 57 32.9203 34.5664 36.2947 38.1095 40.0149 Parks Specialist 44 24.4673 25.6908 26.9755 28.3240 29.7403 Parks Supervisor 57 32.9203 34.5664 36.2947 38.1095 40.0149 Public Works Supervisor 57 32.9203 34.5664 36.2947 38.1095 40.0149 Recreation Supervisor 57 32.9203 34,5664 36.2947 38.1095 40.0149 Senior Accountant 55 31.6435 33,2255 34,8873 36.6314 38.4631 Senior Building Inspector 58 34.4018 36.1215 37.9278 39.8242 41.8153 Senior Code Enforcement Officer 52 29.5760 31.0548 32.6077 34.2379 35.9499 Senior Engineering Technician 54 30.9544 32.5018 34.1274 35.8336 37.6254 Senior Planner 64 39.5962 41.5762 43.6547 45.8377 48.1293 Special Events Coordinator 47 26.0492 27.3519 28.7196 30.1554 31.6632 35 CITY OF LAKE ELSINORE MOU 2016 - 20171 EXHIBIT B-5 Salary Range / Step Schedule TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Account Specialist 1 28 16.2240 17.0355 17.8869 18.7815 19.7204 20.7064 Account Specialist II 34 18.6580 19.5909 20.5705 21.5991 22.6790 23.8130 Account Specialist 111 39 21.4569 22.5297 23.6563 24.8392 26.0811 27.3852 Accountant 1 44 24.4673 25.6908 26.9755 28.3240 29.7403 31.2273 Administrative Assistant 44 24.4673 25.6908 26.9755 28.3240 29.7403 31.2273 Assistant Planner 51 28.8867 30.3312 31.8477 33.4403 35.1121 36.8677 Associate Civil Engineer 59 34.5809 36.3100 38.1255 40.0317 42.0335 44.1351 Associate Planner 57 32.9203 34.5664 36.2947 38.1095 40.0149 42.0156 Building Inspector 49 27.5224 28.8986 30.3437 31.8609 33.4540 35.1267 Chief Mechanic 57 32.9203 34.5664 36.2947 38.1095 40.0149 42.0156 Code Enforcement Officer 1 41 22.4881 23.6126 24.7932 26.0331 27.3346 28.7014 Code Enforcement Officer 11 47 26.0492 27.3519 28.7196 30.1554 31.6632 33.2464 Code Enforcement Supervisor 57 32.9203 34.5664 36.2947 38.1095 40.0149 42.0156 Community Development Technician 44 24.4673 25.6908 26.9755 28.3240 29.7403 31.2273 Community Development Technician 11 49 27.5224 28.8986 30.3437 31.8609 33.4540 35.1267 Community Services Coordinator 47 26.0492 27.3519 28.7196 30.1554 31.6632 33.2464 Customer Service Specialist 29 16.5955 17.4253 18.2966 19.2114 20.1720 21.1806 Deputy City Clerk 57 32.9203 34.5664 36.2947 38.1095 40.0149 42.0156 Engineering Inspector 59 34.5809 36.3100 38.1255 40.0317 42.0335 44.1351 Engineering / NPDES Coordinator 52 29.5760 31.0548 32.6077 34.2379 35.9499 37.7474 Engineering Technician 44 24.4673 25.6908 26.9755 28.3240 29.7403 31.2273 Engineering Technician II 49 27.5224 28.8986 30.3437 31.8609 33.4540 35.1267 Equipment Operator 44 24.4673 25.6908 26.9755 28.3240 29.7403 31.2273 GIS Data Analyst 57 32.9203 34.5664 36.2947 38.1095 40.0149 42.0156 GIS Specialist 35 19.5932 20.5727 21.6016 22.6816 23.8155 25.0062 GIS Technician 1 36 19.8364 20.8284 21.8697 22.9634 24.1115 25.3171 Graffiti Technician 36 19.8364 20.8284 21.8697 22.9634 24.1115 25.3171 Graphics Technician 47 26.0492 27.3519 28.7196 30.1554 31.6632 33.2464 I.T. Database Analyst 49 27.5224 28.8986 30.3437 31.8609 33.4540 35.1267 I.T. Technician 1 44 24.4673 25.6908 26.9755 28.3240 29.7403 31.2273 I.T. Technician II 49 27.5224 28.8986 30.3437 31.8609 33.4540 35.1267 Information System Analyst 65 40.7107 42.7463 44.8837 47.1276 49.4840 51.9582 Lake Operations Supervisor 57 32.9203 34.5664 36.2947 38.1095 40.0149 42.0156 Lead Worker- Facilities 46 25.9340 27.2309 28.5925 30.0222 31.5231 33.0992 Lead Worker- Lake Operations 46 25.9340 27.2309 28.5925 30.0222 31.5231 33.0992 Lead Worker- Parks 46 25.9340 27.2309 28.5925 30.0222 31.5231 33.0992 Lead Worker- Street Operations 46 25.9340 27.2309 28.5925 30.0222 31.5231 33.0992 Lead Worker- Weed Abatement 46 25.9340 27.2309 28.5925 30.0222 31.5231 33.0992 Maintenance Worker 1 30 17.3194 18.1853 19.0945 20.0492 21.0516 22.1042 Maintenance Worker II 36 19.8364 20.8284 21.8697 22.9634 24.1115 25.3171 Mechanic 36 19.8364 20.8284 21.8697 22.9634 24.1115 25.3171 Office Specialist 1 23 14.4307 15.1520 15.9097 16.7053 17.5407 18.4177 Office Specialist 11 29 16.5955 17.4253 18.2966 19.2114 20.1720 21.1806 Office Specialist 111 39 21.4569 22.5297 23.6563 24.8392 26.0811 27.3852 Parks & Recreation Analyst 57 32.9203 34.5664 36.2947 38.1095 40.0149 42.0156 Parks Specialist 44 24.4673 25.6908 26.9755 28.3240 29.7403 31.2273 Parks Supervisor 57 32.9203 34.5664 36.2947 38.1095 40.0149 42.0156 Public Works Supervisor 57 32.9203 34.5664 36.2947 38.1095 40.0149 42.0156 Recreation Supervisor 57 32.9203 34.5664 36.2947 38.1095 40.0149 42.0156 Senior Accountant 55 31.6435 33.2255 34.8873 36.6314 38.4631 40.3863 Senior Building Inspector 58 34.4018 36.1215 37.9278 39.8242 41.8153 43.9061 Senior Code Enforcement Officer 52 29.5760 31.0548 32.6077 34.2379 35.9499 37.7474 Senior Engineering Technician 54 30.9544 32.5018 34.1274 35.8336 37.6254 39.5066 Senior Planner 64 39.5962 41.5762 43.6547 45.8377 48.1293 50.5357 Special Events Coordinator 47 26.0492 27.3519 28.7196 30.1554 31.6632 33.2464 WR AGENCY SHOP SIDE LETTER OF AGREEMENT EXHIBIT C 1. Legislative Authority The parties mutually understand and agree that as a result of State of California adoption of SB 739, all full-time unit employees represented by United Public Employees of California, LIUNA Local 777 (hereinafter "Union") have the right to join or not join the Union. However, the enactment of a local "Agency Shop" requires that as a condition of continuing employment, employees must either join the Union or pay to the Union a service fee in lieu thereof. Such service fee shall be established by the Union, and shall not exceed the standard initiation fee, periodic dues and general assessments of the Union. 2. Union Dues/Service Fees (a) Effective October 15, 2005, the Payroll Department shall provide all current employees and any employees hired thereafter with an authorization notice advising them that the City has entered into an Agency Shop agreement with the Union, and that all employees subject to the Agreement must either join the Union, pay a service fee to the Union, or execute a written declaration claiming a religious exemption from this requirement. Such notice shall include a form for the employee's signature authorizing payroll deduction of Union dues or a service fee, or a charitable contribution equal to the service fee. Said employees shall have 14 calendar days from the date they receive the form to fully execute it and return it to Payroll. (b) If the form is not completed properly and returned within 14 calendar days, the City shall commence and continue a payroll deduction of service fees from the regular biweekly paychecks of such employee. The effective date of Union dues, service fee, or charitable contribution shall begin no later than the first full pay period after receipt of the authorization form. (c) The employee's earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues or fees authorized. When an employee is in a non -pay status 37 for an entire pay period, no withholding will be made to cover the pay period the full withholding, no deduction shall be made. In the case of an employee who is receiving catastrophic leave benefits during a pay period, no deduction shall be made. In this connection, all other legal and required deductions (including health care and insurance deductions) have priority over Union dues and service fees. 3. Religious Exemption (a) Any employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support any public employee organization as a condition of employment. The employee may be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to the dues, initiation fees, or agency shop fees to a nonreligious, non -labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from the following Funds. 1, American Cancer Society 2. American Heart Association 3. American Red Cross Charitable contributions shall be by regular payroll deductions only in order to qualify as a condition of continued exemption from the requirement of financial support to the Union. (b) Declarations of or applications for religious exemption and any other supporting documentation shall be forwarded to the Union within 14 calendar days of receipt by the City. The Union shall have 14 calendar days after receipt of a request for religious exemption to challenge any exemption granted by the City. If challenged, the deduction to the charity of the employee's choice shall commence but shall be held in escrow pending resolution of the challenge M 4. Recision The agency shop provision in this memorandum of understanding may be rescinded by a majority vote of all the employees in the unit covered by the memorandum of understanding, provided that: (a) A request for such a vote is supported by a petition containing the signatures of at least 30 percent of the employees in the unit; (b) The vote is by secret ballot; (c) The vote may be taken at any time during the term of the memorandum of understanding, but in no event shall there be more than one vote taken during that term. Notwithstanding the above, the City and the Union may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on an agency shop agreement. (d) If a Precision vote" is approved by unit members during the term of a current MOU, the Union agrees not to petition for or seek Agency Shop status for the remainder of the current MOU. 5. Records The Union shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City, and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. [An employee organization required to file financial reports under the Labor - Management Disclosure Act of 1959 covering employees governed by this provision, or required to file financial reports under Section 3546.5, may satisfy the financial reporting requirement of this section by providing the City with a copy of the financial reports.] 0 6. Indemnification The Union shall indemnify, defend and hold the City harmless against any liability arising from any claims, demands, or other action relating to the City's compliance with the agency fee obligation, including claims relating to the Union's/Association's use of monies collected under these provisions. The City reserves the right to select and direct legal counsel in the case of any challenge to the City's compliance with the agency fee obligation, and the Union agrees to pay any attorney, arbitrator or court fees related thereto. Election Prior to the implementation of this provision, the California State Mediation and Conciliation Service shall conduct a secret ballot election to be held on October 5, 2005. All eligible unit members shall be allowed to participate in the voting, irrespective of current membership in the Union. Ballots shall be counted at the conclusion of the October 5, 2005 balloting. 8. CitV Council Approval If the foregoing Agency Shop provisions are approved by the employees on October 5, 2005, then authorization to approve this Side Letter of Agreement shall be submitted to the City Council at its next regular meeting. Dated: October 13, 2005 0q !Cathie DelgaQa�—�-- On behalf of the United Public Employees of California, LSUNA, Local 777 Dated: October 13, 2005 ELI 1II-5bert A. Hfady Kbehalf of th ity of Lake Elsinore 011 " DRI ANA L"Il-J l NR Feb 11 Tuesday CITY COUNCIL — EVMWD Boardroom CITY CLERK'S DEPT. 2014 PERPETUAL CALENDAR (Subject to change) 3:45 p.m. Oversight Board Meeting - Cancelled 5:00 p.m. Closed Session 7:00 p.m. Regular Meeting Feb 17 PRESIDENTS' DAY — City Hall Closed Feb 18 Tuesday PLANNING COMMISSION 6:00 p.m. MDR for SFR at East Hill Av. RDR 2013-08 for 66 single family residences KB Homes CUP 2013-11 Monopole Antenna Feb 25 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) Purchase Authorization for a Wood Chipper (Consent) Purchase Auth. for Emergency Services Comm. Trailer (Consent) Towing Ordinance update and revisions (Business) City Departmental Reports Mar 4 Tuesday PLANNING COMMISSION 6:00 p.m. Mar 11 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session - City Manager Evaluation 7:00 p.m. Presentations Minutes (Consent) CFD 2005-2 (Alberhill Ranch) to alter rate Lake Use Fees (Business) Mid -Year Budget (Business) Zone Code Amendment CUP Provisions Pit bull Ordinance Last Updated: February 6, 2014 Mar 18 Tuesday PLANNING COMMISSION 6:00 p.m. Mar 25 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session — City Attorney Evaluation 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports Apr1 Tuesday PLANNING COMMISSION 6:00 p.m. Apr8 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Apr 9 city;s 12Gth Birthday Apr 15 Tuesday PLANNING COMMISSION 6:00 p.m. Apr 22 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports May 6 Tuesday PLANNING COMMISSION 6:00 p.m. May 13 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Last Updated: February 6, 2014 2 May 20 Tuesday PLANNING COMMISSION 6:00 p.m. May 26 MEMORIAL DAY — City Hall Closed May 27 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports Jun 3 Tuesday PLANNING COMMISSION 6:00 p.m. Jun 10 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Resolutions (3) Calling General Election Jun 17 Tuesday PLANNING COMMISSION 6:00 p.m. Jun 24 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports Jul1 Tuesday PLANNING COMMISSION 6:00 p.m. Jul 4 INDEPENDENCE DAY — City Hall Closed JU18 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Last Updated: February 6, 2014 3 Ju115 Tuesday PLANNING COMMISSION 6:00 p.m. Jul 22 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports Aug 5 Tuesday PLANNING COMMISSION 6:00 p.m. Aug 12 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session — City Manager Evaluation 7:00 p.m. Presentations Minutes (Consent) Aug 19 Tuesday PLANNING COMMISSION 6:00 p.m. Aug 26 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports Sep 1 LABOR DAY — City Hall Closed Sep 2 Tuesday PLANNING COMMISSION 6:00 p.m. Sep 9 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Last Updated: February 6, 2014 4 Sep 16 Tuesday PLANNING COMMISSION 6:00 p.m. Sep 23 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports Oct 7 Tuesday PLANNING COMMISSION 6:00 P.M. Oct 13 COLUMBUS DAY — City Hall Closed Oct 14 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Oct 21 Tuesday PLANNING COMMISSION 6:00 p.m. Oct 28 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports Nov 4 ELECTION DAY Nov 4 Tuesday PLANNING COMMISSION 6:00 p.m. Nov 11 VETERANS' DAY — City Hall Closed Tuesday CITY COUNCIL (Possibly cancelled) 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Last Updated: February 6, 2014 5 Nov 18 Tuesday PLANNING COMMISSION 6:00 p.m. Nov 25 Tuesday CITY COUNCIL (Possibly cancelled) 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Nov 27 THANKSGIVING DAY - City Hall Closed Nov 28 THANKSGIVING DAY AFTER - City Hall Closed Dec 2 Tuesday PLANNING COMMISSION 6:00 p.m. Dec 9 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports Dec 16 Tuesday PLANNING COMMISSION 6:00 p.m. Dec 23 Tuesday CITY COUNCIL (Possibly cancelled) 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Dec 25 CHRISTMAS DAY - City Hall Closed Jan 1 NEW YEAR'S DAY - City Hall Closed Last Updated: February 6, 2014 6 AGENDA COVER SHEET MEETING OF City Council Redevelopment Agency Other DEPARTMENT: a F-1 El CONSENT: APPEAL BUSINESS: 171 RESOLUTION: El ORDINANCES F--] PUBLIC HEARING ATTACHMENTS: Report emailed to Clerk a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a I FOLLOW UP DIRECTION: Nam same an a a a a a a a ago am SEEM 099 ME ME No a a a am a a f a a a a a a a a ME no move MEN ME a a f a a Seoul Submitted by:v Date: A Approved by: Department Head: Date: Finance Director: Date: City Manager: Date: CITY OF LAKE d-)L,7)INO E -�iN DREAM EXTREME ` REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: FEBRUARY 11, 2014 SUBJECT: WARRANT LIST DATED JANUARY 30, 2014 Recommendation It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated January 30, 2014 Discussion The warrant list is a listing of all general checks issued since the prior warrant list. Prepared By: Frances Ramirez fes. Account Specialist II Reviewed By: Jason Simpson Director Adminis ative Services Approved By: Grant Yates City Manager Attachments: Warrant List 1-30-2014 JANUARY 30, 2014 CITY OF ]LAIKIE ]ELS111�JORE WARRANT StiMMARY FUND4 FUND DESCRIPTION TOTAL 100 GENERAL FUND $ 821 666.23 104 TRAFFIC OFFENDER FUND 12 928.58 105 MISC. GENERAL PROJECT FUND 11,443.22 108 MISC. GRANT FUND 128,541 54 110 STATE GAS TAX FUND _ 23,409.61 111 TUMF CAPITAL PROJECT FUND _ 319.72 112 TRANSPORTATION/MEASURE A FUND 11 270.24 113 SB821 PEDESTRIAN SIDEWALK FUND 3,516.94 115 TRAFFIC SAFETY FUND _ 2,068.39 116 CITY HALL/PUBLIC WORKS DIF FUND 15 555.36 130 LIGHTING/LANDSCAPE MAINTENANCE FUND 135 785.21 135 L.L.M.D. NO. 1 FUND _ 825.00 150 C.D.B.G. FUND _ _ _ 5,778 81 155 CSA 152 - N.P.D.E.S. FUND _ _ _ 2,184.51 160 PEG GRANT RESTRICTED FUND 58415.00 204 SIGNAL C.I.P. FUND 2,323.81 205 TRAFFIC IMPACT FEE FUND _ 495.00 221 PARK C.I.P. DIF FUND _ 1,310 45 232 FIRE PROTECTION DIF FUND _ _ 59.00 235 2011-A BOAT LAUNCH CONSTRUCTION 4,055.00 388 C.F.D. 2007-6 HOLIDAY IN EXPRESS 2,656.02 605 PUBLIC IMPROVEMENT IN -LIEU FUND 119.67 606 AB2766 AIR POLUTION REDUCTION FUND 810.00 617 SA RDA HOUSING FUND _ _ 304.20 620 COST RECOVERY SYSTEM FUND 11,015.78 GRAND TOTAL $ 1,256,857.29 2/3/2014 Warrant 01 30 14 City 1 of 4 JANUARY 30, 2011 CITY OF LAIKE ELSINORE WARRANT LIST C1-18CK# VENDOR NAME AMOUN"T 117097 VOID -GREEN EARTH SUPPLY $ (304.23) 117238 VOID -STAGE SPOT, LLC _ (1,566.79) 117272 VOID-L.E.M.S.A.R. (158.24) 117286 VOTED -RIVERSIDE COUNTY SHERIFF'S (11,107.08) 117260 AMERICAN FORENSIC NURSES 1,721.20 117261 ARTISTIC WOOD 5,817.00 117262 BMW MOTORCYCLES OF RIVERSIDE 1.323.35 117263 C S M F O _ 110.00 117264 CA MUNICIPAL REVENUE & TAX ASSOC. 100.00 117265 CALIFORNIA STATE DEPARTMENT OF JUSTICE 140.00 117266-117267 CTAI PACIFIC GREENSCAPE 16 391.00 117268 ELSINORE VALLEY RENTALS 64.79 117269 ENVIROMINE 9,688.02 117270 KDM MERIDIAN __ 9,312.50 117271 KPS FIRE SPRINKLERS, INC. __ __ _ 149.00 117272 LEMSAR 15824 117273 LAKE ELSINORE FORD 3.87 117274 LAKE ELSINORE UNIFIED SCHOOL DISTRICT _ 2,736.84 117275 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 4,333.00 117276 LIEBERT CASSIDY WHITMORE 990.00 117277-117279 LOWE'S HOME CENTERS, INC _ 1,853.45 117280 NATIONAL NOTARY ASSOCIATION _ 59.00 117281 NFPA 165.00 117282 PITNEY BOWES PURCHASE POWER _ _ _ 3,000.00 117283 THE PRESS ENTERPRISE 176.26 117284 RISHA ENGINEERING GROUP INC __ 5,362.75 117285 RIVERSIDE COUNTY -DA ADMINISTRATIVE DIVISION 3,109 00 117286 RIVERSIDE COUNTY SHERIFFS _ 11,107.08 117287 RK ELECTRIC 00 5Z365.00 117288 ROBBINS PEST MANAGEMENT, INC __ 285.00 117289 SUNGARD PUBLIC SECTOR, INC. 2,965 40 117290 SUPERCO SPECIALTY PRODUCTS 547.78 117291 TIME WARNER CABLE _ _ _ 215.60 117292 UNITED PARCEL SERVICE 107 11 117293 VERIZON - INTERNET _ 319.99 117294-117295 WALLACE & ASSOCIATES CONSULTING _ 29,624.00 117296 ACCOUNTEMPS 1,849.28 117297 ACTION GAS & WELDING SUPPLY ___ __ 167.81 117298 ALBERT WEBB & ASSOCIATES 44.50 117299 ALLEGRA MARKETING PRINT MAIL 286.20 117300 AMERICAN BATTERY SUPPLY 240.84 117301 AMERICAN EXPRESS (41003) _ 59.95 117302 AMERICAN EXPRESS (71001) __ 1 587.20 117303 AMERICAN EXPRESS (71002) _ _ 601.47 117304 AMERICAN MATERIAL CO 1,733 95 117305 ANIMAL FRIENDS OF THE VALLEY _ 14,341 00 117306 APPLE ONE _ 896.97 117307 MATTHEW BROWN 5,700.00 117308 BUREAU VERITAS NORTH AMERICA, INC. 884.00 117309 C. R & R. INC 429,519 82 117310 THE CABINET PLANT 3,425 00 117311 CANON FINANCIAL SERVICES INC _ 908.70 117312 CANYON TIRE SALES, INC 1,840.71 117313 COW GOVERNMENT, INC 2,39079 117314 CERTIFIED CONTAINERS, LLC __ 9,008.38 117315 CM WASH EQUIPMENT _ _ _ __ 2,773 99 2/3/2014 Warrant 01 30 14 City 2 OF 4 JANUARY 30,20H CITY OF LAKE ELSINORE WARRANT IST CHECK# VENDOR NAME AMOUNT 117316 CORELOGIC SOLUTIONS, LLC _ 475.00 117317 CORNERSTONE RECORDS MANAGEMENT 85.00 117318 KIRT COURY _ 5,550.00 117319 CUTTING EDGE STAFFING, INC. _ 1,584.00 117320 CYNETTE PUBLIC FINANCIAL CONSULTANT 4,500.00 117321 D & S ELECTRIC _ _ 7905.00 117322 RITA DAVIS _ 1,605.00 117323 DBE, DANIEL BOYLE ENGINEERING 950.85 117324 CAROLE DONAHOE A.I.C.P. _ _ 5,287.50 117325 DOWNS COMMERCIAL FUELING, INC 8,525.04 117326 MARGARET ANN DRAKE _ 90.00 117327-117332 E. V. M. W. D. 16 167.50 117333 ELSINORE VALLEY MUNICIPAL WATER _ 23 471.32 117334 FC ORGANIZATIONAL PRODUCTS LLC _ 99.12 117335 GENERATOR SERVICES INC 600.72 117336 GOLDEN STAR TECHNOLOGY INC. 11 107.08 117337 ROCKY GRAY 102.58 117338 LORENA HANCOCK _ 1,095.00 117339 LORENA HANCOCK 5,126.25 117340 HARMSWORTH ASSOCIATES INC _ 4,055.00 117341-117342 HAZZARD BACKFLOW CO 1,040.00 117343 HI -WAY SAFETY, INC. _ 680.00 117344 I.C.M.A. RETIREMENT TRUST _ _ _ _ 1,345.00 117345 JOBS AVAILABLE INC. 315.00 117346 JOHNSON MACHINERY CO _ __ 112.75 117347 STEVE KARVELOT 60.00 117348 KPA, LLC_ 550 00 117349 LEMSAR_ 18500 117350 LAKE BUICK PONTIAC GMC, INC. 395.04 117351 LAKE CHEVROLET 822.98 117352 LEAGUE OF CALIFORNIA CITIES __ 100.00 117353 LEIGHTON CONSULTING, INC __ _ 755.00 117354 LINKLINE COMMUNICATIONS INC _ 49.95 197355 MORROW PLUMBING, INC _ 104.34 117356 MORROW PLUMBING, INC 564.07 117357 NEXTEL COMMUNICATIONS _ 442.63 117358 ON DEMAND __ 157.95 117359 GUSTAVO POLETTI _ __ 86.25 117360 GENARO & MABLE PRATS _ _ _ 2,000.00 117361 PREMIUM PALOMAR MT SPRING WATER 164.00 117362 THE PRESS ENTERPRISE _ _ 1,036.20 117363 PRUDENTIAL OVERALL SUPPLY 136.77 117364 QUILL CORPORATION 125.86 917365 RBI TRAFFIC, INC 6,210 00 117366 REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE 304.20 117367 RIGHTWAY SITE SERVICES INC. _ 835.92 117368 RIVERSIDE TRANSIT AGENCY 900.00 117369 SHRED -IT 80.00 117370 SOS STORAGE CENTERS 540.00 917371-117376 SOUTHERN CALIFORNIA EDISON CO 8,410.56 117377 STAUFFER'S LAWN EQUIPMENT 1,703.78 117378 STEINY AND COMPANY, INC. 123 557.93 117379 STK ARCHITECTURE, INC. 2,937.60 117380 SUN PAC CONTAINERS _ __ 160.00 117381 SUSTAINABLE CIVIL ENGINEERING SOLUTIONS, INC. 25,197.00 2/3/2014 Warrant 01 30 14 City 3 OF 4 .3ANUNRY30.2011 Cl']C'1Y O LAIKE IE]L5➢NOR.'E wARRAN IAS cl lEC1«t VENDOR NAME AMOUNT 117382 TEAM AUTOAID, INC. 529.85 117383 TUSCANY HILLS LANDSCAPE & REC. CO. 122 460.51 117384 UNION BANK OF CALIFORNIA 2,656.02 117385-117387 VERIZON CALIFORNIA 5,268.49 117388 VERIZON WIRELESS (#5) 113.99 117389 WAL-MART COMMUNITY 107.76 117390 AUSTIN WALKER 450.00 117391 WAXIE SANITARY SUPPLY 729.00 117392 WESTERN DATA ENTERPRISES, INC _ 1,929.36 117393 Z BEST BODY & PAINT SHOPS, INC. 1,913.59 .....-.�...__,.r.. 1 n4R mil 76 PAY DATE 01/29/14 CALIFORNIA P.E.R.S. 42,427.50 01/30/14 PAYROLL CASH 120 766.99 01/30/14 PAYROLL TAXES 47,631.04 GRAND TOTAL 1,256,857.29 2/3/2014 Warrant 01 30 14 City 4 OF 4 AGENDA COVER SHEET MEETING OF � - k 1 ) (-, l � E] City Council 51 Redevelopment Agency F-1 Other DEPARTMENT: � ! ` CONSENT: E] APPEAL BUSINESS: RESOLUTION: E-1 ORDINANCES 0 PUBLIC HEARING ATTACHMENTS: Llj, i",LZLL 1 `,- J Report emailed to ■ ■ ■ ■ a ■ w a w ■ a ■ ■ a ■ w ■ Clerk ■ ■ ■ ■ ■ ■ ■ ■ a w a w w ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ .. w . w w ■ ■ ■ ■ a ■ a ■ 1 FOLLOW UP DIRECTION: ■■a0■■0a 000 a 0 a w w w a w a•■0■ w w 0 a 0 a w 00000 a a a a 0 a a a a a a a K a a a a■■ w 00 a w 00 a a w 0■00f l� Submitted by: Date: - �L Approved by: Department Head: Date: Finance Director: h Date: a� Y i y City Manager: Date: CITY OF LADEDLSII`IOKE DREAM EXTREME �TN REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: HONORABLE AGENCY CHAIRMAN AND MEMBERS OF THE SUCCESSOR AGENCY FROM: GRANT YATES EXECUTIVE DIRECTOR DATE: FEBRUARY 11, 2014 SUBJECT: WARRANT LIST DATED JANUARY 30, 2014 Recommendation It is recommended that the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Warrant List dated January 30, 2014 Discussion The warrant list is a listing of all general checks issued by the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore since the prior Warrant List. Prepared By: Frances Ramirez Account Specialist II Reviewed By: Jason Simpson Director Admini tive Services Approved By: Grant Yates City Manager Attachments: Warrant List 1-30-2014 JANUAI; Y 30,201 1 '1NARRAN'T SUMMARY SUCCESSOR AGENCY OF "I'➢ 176 REDIEVELC]PMiEN'T AGENCY OF '1FJHE CITY OF FAKE, IEILSHNORE FUND# FUND DESCRIPTION TOTAL 520 SUCCESSOR TO RDA AREA 2 72,366.25 540 SUCCESSOR STADIUM CAPITAL 66,711.00 GRAND TOTAL $ 139,077.25 2/3/2014 Warrant 01 30 14 SA RDA 1 of 2 JANUARY 30.201,1 WARRANT Lls'r SUCCESSOR AGENCY OF ` PIE 'REIDIEV EILOPIM ENT AGENCY OF THE CPFY OF LAKE ]E'LSUNORE CI1(:CK# VENDOR NAME AMOUNT 7194 LAKE ELSINORE STORM, LP $ 66,711.00 7195 OAK GROVE EQUITIES, INC. 72,366.25 WARRANT TOTAL 139 077.25 GRAND TOTAL $ 139,077.25 2/3/2014 Warrant 01 30 14 SA RDA 2 of 2 AGENDA COVER SHEETC��/' L - MEETING OFcf�--��P-L It 2-CA4 ®City Council F1 Redevelopment Agency Other DEPARTMENT: a CON ENT: APPEA BUSINESS: RESOLUTIO 0RDINAN ES' F --]PUBLIC HEARING ATTACHMENTS: ENS -- 12� Report emailed to Clerk ■ a ■ ■ ■ ■ ■ ■ a ■ 1 ■ a ■ ■ ■ ■ ■ ■ ■ a ■ 1 ■ ■ ■ ■ a ■ ■ ■ l p.a ■ ■ a ■ 1 ■ ■ ■ a ■ ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ a ■ ■ a ■ ■ ■ ■ a ■ a 1 FOLLOW UP DIRECTION: a a a a a a 0 a a a a a a a a a a a}a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a U'v a a a a a a a a a a a a a a a a Submitted by:l Date: Z/5 Approved by: Department Head Date: / C Finance Director: Date: City Manager: Date: CITY OF LAKE9 LSIIYORE DREAM EXTREME. EICTEZEME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M YATES CITY MANAGER DATE: FEBRUARY 11, 2014 SUBJECT: EXTENSION OF SURFACE MINE INSPECTION AND CONSULTING SERVICES, ENVIROMINE INC. Recommendations 1. Staff recommends that the City Council extend the Agreement for Professional Services with EnviroMine, Inc. for up to six months until June 30, 2014 and approve the balance of the fiscal year compensation in the amount of $50,000. 2. Authorize staff to process the purchase order. Background In January 2009, the City Council approved a contract with EnviroMine, Inc. to provide services related to mine compliance and inspection. The term of the Agreement was three (3) years, with two (2) optional one (1) year extensions. The first one-year extension was approved on March 27th, 2012, in the amount of $40,000. Annual compensation to EnviroMine, Inc. was capped at $20,000 without additional City authorization. Discussion Pursuant to the 2009 Professional Services Agreement, EnviroMine, Inc. performs services related to inspection and State Mining and Reclamation Act (SMARA) compliance. Shortly after the January 2009 contract date, the City began a lengthy process with the State Mining and Geology Board (SMGB), questioning the City's Lead Agency status. EnviroMine, Inc. has been beneficial in assisting the City to retain its Lead Agency status, and in doing so, increased the amount of time servicing the City's needs. The original Agreement for Professional Services requires City authorization for EnviroMine, Inc. Agreement for Professional Services February 12, 2013 Page 2 compensation in excess of $20,000 per year. In January 2011, the City Council approved an additional $20,000 as the City began to investigate and respond to SMGB concerns and resident complaints regarding mines within the City's jurisdiction. In June 2011, and October 2011, and March 2012 City Council also approved additional funds in order to meet the increased work load. Total compensation in 2011 was $77,121.92, 2012 was $115,995.99, and in 2013 was $40,957.01. The services of EnviroMine, Inc. have been an essential part of the City maintaining its Lead Agency status and performing necessary Lead Agency functions under SMARA. Staff requests the City Council approve the final extension of EnviroMine's Professional Services Agreement to June 30, 2014 and an additional $50,000 purchase order for the next six months through the end of the 2013-2014 fiscal year. EnviroMine services necessary to maintain an appropriate and functional Lead Agency program have averaged approximately $78,000.00 annually and City staff will request funds as necessary in the next fiscal year budget. Fiscal Impact Funds for services performed by EnviroMine, Inc. are funded by deposits made to the mine operator's existing CRS accounts pursuant to Municipal Code 14.04.230. Ile Prepared by: Dina Purvis d. -T, Senior Engineering Technician Ati Eskandari C.L,Al— Interim Director of Public Works Approved by: Grant M. Yates City Manager Attachment: 2009 Agreement for Professional Services AGREEMENT FOR PROFESSIONAL SERVICES [EnviroMine, Inc.) Thus Agreement for Professional Services (the "Agreement") is made and entered into as of the 13th day of January, 2009, by and between the City of Lake Elsinore, a municipal corporation ("City') and EnviroMINE, Inc., a California corporation ("Consultant" ). RECITALS A. Consultant is specially trained, experienced and competent to perform the special services. which will be required by this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein, C. City desires to retain Consultant to render professional consulting services and related work as set forth in this Agreement. AGREEMENT L Scope of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the 1 time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue for a period of three (3) years, with two (2) optional one (1) year extensions. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Consultant's annual compensation exceed $20,000.00 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. All Consultant services are provided on a time and materials basis. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means anywork which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not M — Contract/Agreement Page 31af.2�166 "' perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services 6. Temunation. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and bold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, director indirect (including any and all costs and expenses in connection therein), arising out of the City=s use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for wbich'Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, Page 4 of 25 newspaper, television or radio production or other similarmedium without the prior written consent of City. 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may; by written request by any of the above-named officers, require that custody of the records be given to \ > the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in -interest. 9. Independent Contractor. It is understood that Consultant, in the performance ofthe work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expresslywaives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant= Page 5 of 25 a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legallyrequired of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. 14, hidemnity. Consultant agrees to indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including costs and expenses in connection therein), to the extent arising out of the negligent performance of services under this Agreement, except for any such claim arising out of the sole negligence or willful n-isconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. Page 6 of 25 ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Covera . Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities ofthe Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. It is understood that the Consultant does not own any vehicles. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. —� b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best=s rating of no less than A:VII and shall be endorsed with the following specific language: i The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. vi. The insurance provided by this Policy canceled except after thirty (30) days written notice has been received by the City and 10-daynotice for nonpayment ofthe premium. Page 7 of 25 C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Anynotice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of marling if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: EnviroMINE, Inc. Attn: Warren R. Coalson, President 3511 Camino Del Rio South, Suite 403 San Diego, CA 92108 17, Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that asubstantial inducement toCity for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors fisted in Exhibit D. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent ofthe City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. Page 8 of 25 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Reserved. 24. Mediation. The parries agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS') or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either partymay commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective parry. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making ofthis Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in Us Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Em ovment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. Page 9 of 25 IN WITNESS WHEREOF the parties have caused this Agreement to he executed on the date first written above. CITY OF LAKE ELSINORE: CONSULTANT: /1 L, Coalson Page 10 of 25 Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Exhibit C - Certificates of Insurance Page 11 of 25 SCOPE OF SERVICES Page 12 of 25 lw iro MYN'Tinc. Environmental & Mine Permitting Services December 23, 2008 Mr. Tom Weiner, Community Development Director City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Re: Annual SMARA Compliance for Mining Operations in Lake Elsinore Dear Mr. Weiner: EnviroMINE, Inc. is pleased to present this cost proposal to provide mining compliance services for the City of Lake Elsinore. The proposed compliance services would be undertaken as part of a program to complete annual compliance requirements as outlined in the Surface Mining and Reclamation Act of 1975 (SMARA) and the City of Lake Elsinore Surface Mining Ordinance. Mining inspections must be completed within six months following the receipt of the annual report and financial assurances must be updated yearly to assure adequate surety is available to complete reclamation on the subject mining site. The following scope of the services is proposed to include the following tasks: 1. Perform inspections of SMARA regulated mining operations to assure compliance with the approved reclamation plan and conditions of approval. 2. Prepare inspection report(s) to verify compliance with the reclamation plan and conditions of approval. 3. Review Financial Assurance Estimates to determine adequacy. 4. Prepare performance review letters for each site for City information and action. I. Work Program The work ,program for this project is divided into four distinct functions: a) File Review, b) Mining Inspections, c) Financial Assurance Review, and d) Prepare Inspection Reports. These issues will be discussed in this order. 3511 Camino Del Rio South, Suite 403 - San Diego, CA 92108 1619)284-8515/(800)755-3995 - Fax: (619) 284-0115 Page 13 of 25 Mr. Tom Weiner December 23, 2008 Page 2 a. File Review/Site Familiarity Prior to arriving at the mining sites to conduct inspections, it will be necessary to become familiar with the physical conditions of each site and complete a thorough review of all pertinent information relating to approvals for the project. This review provides the inspector with the necessary background to allow for a thorough inspection of the site. File review will include the approved reclamation plan, use permit, environmental documentation, and any other documents important to the site inspection. The City of Lake Elsinore is responsible for providing EnviroMINE with a copy of the operators' annual reports, approved Reclamation Plans, Use Permits, and financial assurances for the sites. b. inspections It should be the goal of any inspection program to work as a problem solving tool. Not only are mine inspectors responsible for reviewing mining operations for compliance, the inspector must also serve as an ambassador of the lead agency. At times there are disagreements with the requirements of the approval conditions and mitigation measures. The inspector will be charged with interpreting and finding solutions to these problems. For this reason, it is important to develop a cordial working relationship with the mine operator. In most cases, solutions should be 1 arrived at in. the field with the mine operator. This approach will result in fewer complaints for the lead agency and assure implementation of all compliance conditions. EnviroMINE will perform the inspections for operations within the City of Lake Elsinore. This will include contacting the mine operators to set up date and time and inspecting the site for compliance with the Use Permit, CEQA mitigation measures, and Reclamation Plan. In some instances, it may be necessary to return to the site to follow-up on deficiencies noted in the site inspection. Where deficiencies are noted, the mine inspector may be required to specifically identify violations and note these on inspection reports. Should this occur, SMARA allows mine operators 30 days to correct deficiencies before being re -inspected. If additional inspections are required, an additional cost proposal will need to be approved. ; EnviroMINE understands the benefits to developing cooperative working relationships between the mine operator and the Lead Agency. As such, we will attempt to allow the operator to correct any deficiencies in the field on the day of the inspection. If satisfactory resolution cannot be reached in the field, we will consult with City staff to gain direction for further action. Our goal is to find solutions to problems. Page 14 of 25 Mr. Tom Weiner December 23, 2008 Page 3 c. Financial Assurance Review Annual review of financial assurances is required by SMARA to insure that adequate surety is available should the operator default on the reclamation requirements. Review and adjustment of financial assurances can be somewhat time consuming. This depends, in large part, on the operator's willingness to provide adequately detailed and justified estimates. EnviroMINE is uniquely qualified to review financial assurances. EnviroMINE authored the estimating procedure utilized by the State Mining and Geology Board as adopted in their Financial Assurance Guidelines. d. inspection Reports Site Inspection Reports shall be completed on the forms provided for this purpose by the State Department of Mines and Geology. Other items to be included with the report would include a listing of problem areas and issues of potential variance from the conditions of the use permit for the mining operation. Where problem areas are identified (e.g. accelerated erosion), suggested steps for correcting the problem will be listed. This information may then be used by the operator and the City to assist with implementing corrective measures. i ` The City of Lake Elsinore is recognized as the lead agency with ultimate authority for direction and content of information included in the inspection reports. Inspection reports will be completed within 30 days following individual mine site inspectionsi Each inspection report will be prepared in duplicate and submitted to the City for review and approval. li. Budget Total labor and materials charges to complete the annual mine compliance requirements will not exceed $5,000.00 per site. These charges will include review of the Use Permit and Reclamation Plan, completion of the site inspection, review of financial assurances, and preparation of the inspection report. Copies will be provided for transmittal to the Department of Conservation, and operator.. Should additional work requirements result from the outcome of the compliance audit, additional charges may be warranted. Should additional work be required, labor and expenses will be billed at the following rates: Page 15 of 25 Mr. Tom Weiner December 23, 2008 Page 4 Staff Hourly Rate _ Warren R. Coalson $175.00 Principal Planner $155.00 Project Manager $135.00 Project Planner $115.00 GIS Technician $85.00 Research Analyst $75.00 Administrative $65.00 Expenses Mileage III. schedule Cost j f $0.52/Mile EnviroMINE will complete the inspections within 30 days following notice to proceed by the City of Lake Elsinore. Inspection reports will be completed within 30 days following the completion of site inspections. IV. Miscellaneous Proposal Requirements a. Conflict of Interest Neither EnviroMINE, nor any of the members of the project team, has been hired by City of Lake Elsinore operators to assist with professional services directly related to any component of the proposed project or related projects under study in this proposal- No member of EnviroMINE's team has a financial gain or an interest in the final outcome of the project. Insurance EnviroMINE holds Workers Compensation and General Liability Insurance with $1,000,000 coverage per occurrence. c. News Releases EnviroMINE agrees to refrain from releasing news announcements or participating in news interviews on issues relating to the conduct of the scope of services unless expressly authorized by the City of Lake Elsinore. d. Company Type and Tax Identification EnviroMINE, Inc. is a California S -Corporation, with offices located at: 3511 Camino Del Rio South, Suite 403 San Diego, Ca 92108 Warren R. Coalson, CEO Federal Tax Identification No. 10-0007670 Page 16 of 25 Mr. Tom Weiner December 23, 2008 Page 5 V. Qualifications EnviroMINE is well qualified to complete mining compliance services for the City of Lake Elsinore. With more than 25 years of experience with the mining industry, we offer an unmatched knowledge of regulatory and operational requirements to insure that mining operations are properly conducted. In addition, where problems are encountered, EnviroMINE has the experience to work with the operator and City to identify specific measures to satisfy areas of concern. EnviroMINE has more than 15 years experience with conducting SILU A surface mining inspections and financial assurance reviews. This experience has been gained in the Cities of Highland, Redlands, Rialto, Lake Elsinore, Upland, Lake Forest, and the County of Santa Barbara. Our knowledge of compliance objectives spans a variety of lead agency perspectives. We can bring this knowledge and experience to bear -for the City of Lake Elsinore. EnviroMINE appreciates the opportunity to offer on this proposal. Should you have questions or comments, feel free to call at your convenience. Sincerely, Warren R. Coalson President Page 17 of 25 EXHIBIT "B" SCHEDULE OF CHARGES Page 18 of 25 C EnviroMINE, Inc. Professional Services Rate Schedule Staff Hourly Rate Warren R. Coalson $175.00 Principal Planner $155.00 Project Manager $135.00 Project Planner $115.00 GIS Technician $85.00 Research Analyst $75.00 Administrative $65.00 Expenses Mileage 0 Cost $0.52/Mile Page 19 of 25 EXHIBIT "C CERTIFICATES OF INSURANCE Page 20 of 25 zl J.an., 13 09 03.29p a A_.-COAR-4 CERTIFICATE OF LIABILITY INSURANCE 01/13/2009' ?DUCER (619)447-7997 FAX (619).447-4067 B. MILLS AGENCY, INC. CA License #0462016 535 BROADWAY SUITE 100 EL CAJON, CA 92021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY HOLDER- THS CONCERTIFICATE DOES NOT AMEND,ERS NO RIGHTS UPON THE TIFICATE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ' NAIC # INsuHED Envt roMTNE INC. 3511 Camino Del Rio So #403 San Diego. CA 92108 INSURERA: EMPLOYERS COMPENSATION INS CO 0003 INSuRERe: NEW HAMPSHIRE INS. CO. INSUREAC. EACH pCCURRE-NCE 5 u+suREn m INSURER E: COVFRAGFS THE POLICIES OF INSURANCE LISTED BELOW NAVE REEN ISSUED 70 THE INSURED NAMED ABOVE FORTE POLICY PERIOD INDICATED. NDTWITNSTANDING M1Y REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPEOFINSVILUCE POLICY NUMBER POLICYETEECDVB POUC ON LINTS GENERA!. LIABILITY EACH pCCURRE-NCE 5 COMMERCINL GENERAL V`JNUTY U GC TO BIMED S RF TGEN%. CIAIMS MADE 0OCCUR MEDEXPLAny.n pns.) S PERSONAL& AOV INWURY S GT:-NEITALAGGREGATE E AGGREGA CC LIMO APPLIES PER: PRODUCTS-Compw GG S POLICY j� LOC AUTDMOBR.E UAOILITY ANY AUTO COMBINED SINGLE LMR S (Ea acddrnlT ALL OWNED AUTOS BCHCDULCD AUTOS BODILY INJURY S HIREDAUTOS NDN-OIMJEU AUTO^u BODILY INIURY S (Pet acpdmtl I PROPEBTYDAMAGE -- (PxragldeM) S GARAGE LL>BILITY AUTO ONLY.EAACCIOENT S ANYAUTO OTHER THAN EA ACC S AUTOONLY: AGO S EXCESMURRELLALIABRITY OCCUR � CU4MS WOE EACH OCCURRENCE S AGGREGATE S S DEDUCTIBLE r__.._. S RETENTION S S WORKERS COMPENSATION AND EIG 1109246 09/01/2008 09/01/2009WCSTAW-OTR- A EMPLOYEAT LIABILITY ANY PROPRIETOWPARTNFIVEXECUiNE OFFMRIMENIA R"GILDED? [yyeess drsONe Mdc SPECIPL PROVISIONS bHw E.L. EACH ACCIDENT S 11000,000 E.L. DISEASE- EA EMPLOYE S_11000101") EL. DISEASE. POLICY LLMrt S 1 000 000 �tSSIONAL LIAS LIABILITY 51,000,000 AGGREGATE B 006937193 11/01/2008 11/01/2009 $10,000 DEDUCTIBLE CLAIMS -MADE POLICY DESCRIPTION OF OPERATIONS I LOCATORS / VEHCLES I EXCLUSIONS ADOW BY ENDORSEMENT I SPECIAL PROVISIONS AIVER OF SUBROGATION ENDORSEMENT #WC040306 (4/84) ATTACHED TO WORKER'S COMPENSATION POLICY, -EXCEPT FOR NON-PAYMENT OF PREMIUM, TEN DAY NOTICE APPLIES. CITY of LAKE ELSINORE, its officers, agents, employeesand-volunteers 130 SOUTH MAIN STREET LAKE ELSINORE, CA 9ZS30 SHOULD ANY OF THE ABOVE DESCRIBED POLNMIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. TNELSSUING INSURER WILL ENDEAVORTO MNL °30 DAYS WNfTTEN NOTICE1n tHECFRTFTCAIE HOLDER NAMm T'O THE IF.FT, BUT FAILURE TO MNL SUCH NOTICE SHALL IMPOSE No OBLIGATION ORUABILITY gage IT -0- f n......`"" J,i.�n 13 09 03:29P P.3 WORKERS COMPENSATION AND EMPLOYEBS.LIA0(U7Y INSURANCE.; POLICY W C 04 03 06 ICd. 4.84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for nn injury covered by this policy. We will Rel enforce our right against Oto person or organization nalnod in the Schedule. "g t w must heiell payroll records accurately segregating tile m e reuneration of your employees while engaged in the work described in the Schedule, The additional premium for this endorsement shall be 2 premium otherwise due on such remuneration. °� of tile California workers' compensation Schedule Person or Organization ANY PERSON ON ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED DY wllrf'I'EN CON rnACT TO PIAINIS11 THIS WAIVLII CA t17 -foil Job Description ALL JOGS W CALIFORNIA This policy is subfeel to a minimum charge of $250 for the issuanco of waivers of subrogation. TIB, ondoraement cremes the poacy Ia which It is attad.ed oml k effective on the date issued unla,s oUho atxleJ. 09/01/2000 Trill,erwis Iniormatbn befew is requ6ed only when tide endonemeat is ksued subzegrkat to prapantion of the wisoy,l ErMerxomant Ettcorivo Polley No. CIG 1109246 kwurad ENUIROMINR, INC EndorsMtenrNo. 001 --Pre�mFt�mS (J3, 9e0-5-0^00 Insurance Comn,ny EMPLOYERS COMPENSATION LNS CO Counlcrsianed by WC 04 03 06 (Ed. 4-04) 14r1 Fermr 6 iedui amdn IJe. I,. � Page 22 of ��` •om;Ingrid Van Moppes cID: Date:1/13/2009 11:30 A )age: 2 of 4 Acoap- CERTIFICATE OF LIABILITY INSURANCE TUCER THIS CERTIFICATE IS ISSUED AS, ! insurance SerVices, Inc. ONLY AND CONFERS NO RIGHTS -. ceuse # 0606662 HOLDER. THIS CERTIFICATE DOE P.O. Box 3839 ALTER THE COVERAGE AFFORD[ La Mesa CA 91944-3839 Phone: 619-589-0303 Fax:619-589-1342 INSURERS AFFORDING COVERAGE r' -warren ineC*a Inc3511 C mino de3511 Camiao del Rio S. #403San Diego CA 92109 COVERAGES DATE(*TTIDDIYI'YYI NAIC T POLICIES OF INSURANCE LISTED BELOWHAVE IXEI ISSIED TO THE*6LRED N1Mm ABOVE FOR THE POLICY PERIOD V"CATED. NOTVRHSTANUING ANY REOUIREMENT. URMORCONOMN1OF MYCONTRACTOR OTHER DOCTAt1((W17H RESPECTN WHICM 1143 CUiTYICATE NAT 8E ISS ED OR MAY PPATAK TE INSURANCE AFFORDED BY TIE POUCIES DESCRIBED NEREW M SUBJECTTOAil, TIE TElM4. EXCA.USIO�ANT COEUR SOF SIKH POIGES. AGGREGA7E LIMBS SHOWN MAY PAVESEEN REDUCED BYPAID CUUM6. LTR R TYPE OF INSURANCE POGCY NUMBER DATE MM'00 DATE IMMDD LIM(TS OBIEIRPA. lL1BILTIY EAlSI OCCMP.ENCE $2000000 A X COMMOxIA1 GIUJFRAL Lwen.m caNS MADE XI OCCUR 725BAKY5134 pl/04/08 01/09/09 PRE�nISEsiAence 1300000 Lr-oew(a�r «��P.N«+) $10000 PeRsawv_cAMM-URr 52000000 X Business Owners - GIIJFRALAGGREGATE 54000000 GENLAGOCEGATEUppMryryYpOf Ar'PLIESPER: PRODUCTS -COMPAJI+P.GG s4000000 X POLICY JECT LOC X AUTOMOBILE UAUNTY ANYAUTO COMBINED SINGLEUMR lee ecudert) $2000000 GODLY NJ)$ leer Rersm) ALL OWNED Av Os BCFEDULED AUTOS A X X HIRECAlms NON OWNED MITO6 72SBAKY5134 01/04/08 01/04/09 BODLY 10"Y (Pef ecclEM) i PROPERTY WMPDE i _ GARAGE UABAITY AUTO OILY-EAPCCIDINT i OTH6iTMN EAACC i AUTO OILY: PGG i ANYAVIO EXCE"NMBRELULVbILnY EACH OCIX.RRFNCE i OCCUR CAh kt-DE AGGREGATE i S DEDUCTIBLE _ i RETENTION ! WORKERSCOMP "IRQNANO EIDM.OYHt3' LUB&TTl' MYPROPRIETORAARTNEREEOAVE TORY IAA ER _ EI. EACH ACCIDEM j E.L.DISEA9E-FAEATI.OYEE i OFFICERrtAEA6ER O(C UQED7 IIyyKes OemAbe TTliu S!'EtIA1 PROYI6ta1G ENav —' EL. DISEASE-pCLiCY UM(T i OTTER A Property 72SEMYS134 01/04/08 01/04/09 PROPERTY 78600 DESCTRIF'nON OF OPEMTONS I LOCATONS I VEHICLE81EXc1.U610N9 ADD®DY BWORSFMEM! 9PECW: PROVISIONS City of Lake Elsinore, is officers, officials, employees, agents and volunteers are additiional insured *10 day notice of cancellation for nonpayment of premium CITYLAK SYIOULD ANYOF 1118 4BOVEOE-6CA8TED POUCE6 BE CANCELL®BffORETHE P](PMTION DAIETTEREOf,THE R6L@SG INSUR&RN11 EFnEAVOR TO )Mtl. E30 DAWy.piTiFN NOTCE TO TFiE CERTIFM.AIE HOLDER NAMED TO THE IST, BUTFNLLRE TO DO 90 61 W.L City of Lake Elsinore MROSE NO OBLKJATONORIWfILiTY OfAM'K69 UPON THE *i3lIRER, il3 ADENTD OR 130 South Main Street TsrREeertnme3. Lake Elsinore CA 92530 ACORD 25(2001/08) OACORD CORPORATION 1988 Page 23 of 25 •om;Ingrid Van MOPPeS FaxID: D. ,:1/13/2009 11:30 AM Page: 3, 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF. SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM This waiver of subrogation appfies only. CITY OF LAKE ELSINORE 1. to the person or organization; and 2. for the Insureds operations at the designated location shown in the Declarations. We waive any right to recovery we may have against any person or organization because of payments under the Business. Liability Coverage Form. Form SS 12150392 Printed in U.S.A. (NS) Copyright, Hartford Fire Insurance Company. 1992 Page 24 of 25 -om:Ingrid Van Moppes ID: Date:1/13/2009 11:30 AP" sage: 4 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM C. Who is an insured In the BUSINESS LIABILITY or losses covered under the BUSINESS C. Me Is an Inswed In the BUSINESS UABIUIY COVERAGE FORM Is mended to Include as an insured the pawn a organization shown In the Declaratlons but only with respect to liability arising our of the operations of the teemed insured. CITY OF LAKE ELSINORE 130 SOUTH MAIN ST. . LAKE ELSINORE, CA 92530 Form SS 04 49 05 93 Printed in U.S.A. (NS) For losses covered under the BUSINESS LIABILITY COVERAGE of itis policy this Insuranceis Primaroy to other valid and cdlecttve insurance which Is available to the person or organization Shown in the Declarations as an Additional Insured. Page 25 of 25