HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 9/15/1992AGENDA
SAN JACINTO CITY COUNCIL
AND THE CITY COUNCIL SITTING AS THE
REDEVELOPMENT AGENCY AND
INDUSTRIAL DEVELOPMENT AUTHORITY
DATE: September 15, 1992
TIME: 7:30 P.M.
PLACE: COMMUNITY CENTER
625 South Pico
San Jacinto, California
1.0 CALL TO ORDER
Roll Call
Moment of Silence for Reflection
Pledge of Allegiance
2.0 REDEVELOPMENT AGENCY
3.0 SPECIAL PRESENTATIONS
4.0 PUBLIC COMMENTS
Any person may address the Council on any subject pertaining to city business not listed on
the agenda, during this portion of the meeting. A limitation of three (3) minutes shall be set
for each person desiring to address the Council.
5.0 CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and will be enacted by
one motion by the City Council in the form listed.
There will be no separate discussion on these items prior to the motion unless members of the
City Council, staff or the public requests specified items to he removed and/or discussed.
Anyone wishing to discuss a Consent Calendar item should come forward, upon invitation of
the Mayor, state their name, address and the Consent Calendar item number. Speakers should
limit comments to three minutes.
5.1 Minutes of Regular Meeting of August 4. 1992
RECOMMENDATION: Approve the Minutes of the Regular Meeting of
August 4, 1992 as presented.
5.2 Minutes of Special Meeting of August 11., 1992
RECOMMENDATION: Approve the Minutes of the Special Meeting of
August 11, 1992 as presented.
5.3 Minutes of Regular Meeting of August 18. 1992
RECOMMENDATION: Approve the Minutes of the Regular Meeting of
August 18, 1992 as presented.
5.4 Minutes of Regular Meeting of September 1. 1992
RECOMMENDATION: Approve the Minutes of the Regular Meeting of
September 1, 1992 as presented.
5.5 Warrant Register
RECOMMENDATION: Approve warrant numbers 29788 through 29914
dated September 15, 1992 in the amount of $1,034,339.05 and Payroll check
numbers 20701 through 20796 dated September 11, 1992 in the amount of
$92,473.29.
5.6 Claim - Western Landscape
RECOMMENDATION: Reject the claim of Western Landscape Construction
in its entirety and on its merits and as to timeliness of that part of the claim
stated in paragraph C. (a), and specifically reserving the city's objections as to
timeliness.
5.7 Accept Preliminary Plans & Set a Public Hearing HHWE & SRR
RECOMMENDATION:
1. Set the Public Hearing on the Preliminary Source Reduction and Recycling
Element and Preliminary Household Hazardous Waste Element for November
17, 1992.
2. Direct the City Clerk to publish the attached Notice of Public Hearing in the
appropriate publications, with at least 45 day notice given prior to the date set
for the Public Hearing.
5.8 Change Order - Ramona Expressway Rehabilitation
RECOMMENDATION: Approve a change order in the amount of $10,500
for the widening of Ramona Expressway at Chase and Potter Roads for the
installation of left turn lanes.
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5.9 Approval of Employee MOU's
5.9.1 Miscellaneous (P.E.R.C.) Association
5,9.2 Firefighters Association
5.9.3 Management/Confidential
RECOMMENDATION: Staff recommends acceptance of the
following employee Association Memoranda of Understanding
retroactive to July 2, 1992, and authorize the City Manager and Chief
Negotiators to sign said memoranda and Resolution on behalf of the
City of San Jacinto. The memoranda are as follows:
Miscellaneous (P.E.R.C.) Association
Firefighters Association
Management/Confidential Resolution
RESOLUTION NO. ZO
A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, RELATING TO
SALARY RANGES AND BENEFITS FOR EXECUTIVES, MIDDLE MANAGERS,
SUPERVISORS, AND CONFIDENTIAL EMPLOYEES
5.10 Agreement for Construction Management Services - BSI (CI-D 11 Phase II)
RECOMMENDATION: Approve the Consultant Services Agreement with
BSI for Construction Management Services in the amount not to exceed
$10,000, and authorize the Mayor to execute the agreement on behalf of the
City.
5.11 Jones Intercable, Surrender of Franchise
RECOMMENDATION: Adopt Resolution No. accepting Jones' surrender of
franchise subject to the listed conditions.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SAN JACINTO
ACCEPTING SURRENDER OF THE JONES INTERCABLE CABLE TELEVISION
FRANCHISE
5.12 Ordinance No. 962 Amending Development Agreement 1-89, Amendment No.
1 (PR Equities)
RECOMMENDATION: Waive the reading in full and read by title only and
adopt (second reading) Ordinance No. 962 Amending Development Agreement
1-89, Amendment No. 1
ORDINANCE NO. 962
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO
AMENDING DEVELOPMENT AGREEMENT, 1-89 MADE BETWEEN THE CITY
AND PR EQUITIES, LTD, DATED SEPTEMBER 19, 1989, AND RECORDED ON
NOVEMBER 30, 1989 AND AUTHORIZING THE EXECUTION OF THE
AMENDMENT TO THE DEVELOPMENT AGREEMENT ATTACHED HERETO AS
EXHIBIT "A"
5.13 Declare Vacancies - Planning Commission
RECOMMENDATION: Declare the Planning Commission vacancies and
direct the City Clerk to advertise in accordance with the City Policy and the
Maddy Act, and further direct staff to schedule the applicants for interviews at
a special meeting of the City Council on October 13, 1992.
5.14 Agreement for Landscape Architect Services (LLMD)
RECOMMENDATION: Approve the Consultant Services Agreement with
Todd Bagley, Landscape Architect, in the amount of $7,500 and authorize the
Mayor to execute the Agreement.
5.15 Job Descriptions for Clerical Positions
RECOMMENDATION: Approve the job descriptions for the positions of
Receptionist, Administrative Clerk I, Administrative Clerk II, Administrative
Secretary I, Administrative Secretary II, Deputy City Clerk, and Executive
Secretary to the City Manager.
5.16 Approval of Consultant Agreement - Economic Development
RECOMMENDATION: Approve the agreement with Russ Beckner, of
RGB, to provide professional services in the area of economic development
5.17 Amendment to the 1992/93 Budget
RECOMMENDATION: Adopt Resolution No. amending the 1992-93
Fiscal Year General Fund Budget in the amount of $68,500.
RESOLUTION NO. 2. hi (;2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, AMENDING THE 1992-93 FISCAL YEAR GENERAL FUND BUDGET
IN THE AMOUNT OF $68,500
4
END OF CONSENT CALENDAR
Motion by: Seconded by: to approve consent calendar items 5.1
through 5.17 and adopt Resolution No. through Resolution No. and Ordinance No. 962
6.0 PUBLIC HEARINGS
6.1 Appeal of Planning Commission Interpretation of Public Works Condition No.
2, Tract 25636 - Delco Hagen
RECOMMENDATION: Staff recommends that the City Council uphold,
modify or overturn the Planning Commissions' decision.
7.0 CITY DEPARTMENTS
7.1 Potato Festival - Vega/Bi11 Owen
RECOMMENDATION:
1. Close Main Street from San Jacinto Ave., East to Alessandro. and Sheriff
from 5th Street North to the alley behind the City offices (201 E. Main) at 2
P.M. Friday, October 2nd until Midnight Sunday, October 4th;
2. Approve the expenditure from account 10-2550-2450 to cover police, public
works equipment and services, special street sweeping, toilets, sinks and City
picnic tables, in an amount not to exceed $1,750;
3. Allow the Banning Gun Slingers to discharge Fire Arms on Sunday October
4th at 4 P.M. at 15 minute intervals.
7.2 Resolution of Participation of Western Riverside Council of Governments
(WRCOG) Six Point Air Ouality/Congestion Manaeement Program -
Hults/WRCOG
RECOMMENDATION: Adopt Resolution No. for Participation in the
Six Point Air Quality/Congestion Management Program
RESOLUTION NO. 'Lt
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO TO
PARTICIPATE IN THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENT
INTEGRATED AIR QUALITY IMPLEMENTATION PROGRAM
7.3 Road Closure Policy - Evans
RECOMMENDATION: Adopt Resolution No.
closure of public streets.
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establishing a policy for
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO
ESTABLISHING A POLICY FOR THE CLOSURE OF PUBLIC STREETS
7.4 Overview of the Adoption of 1991 Uniform Building Code (U.B.C.) and 1991
Uniform Fire Code (U.F.C.) - Chadwick
RECOMMENDATION: Receive oral report
7.5 Update on Artesia St - Evans
RECOMMENDATION: Receive oral report
7.6 Elected City Clerk and City Treasurer Salary - Lee
RECOMMENDATION: Discussion of salary
8.0 MAYOR/ COUNCIL MEMBER REPORTS/DISCUSSIONS
9.0 CLOSED SESSION
10.0 ADJOURNMENT
Motion by: Seconded by: Action: to adjourn. Vote:
I, Maurice Armster, do hereby certify that I caused to be posted the foregoing agenda this
llth day of September, 1992, as required by law.
Maurice Armster, City Clerk
-ieputy City Clerk
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STAFF REPORT
DATE: September 15, 1992
TO: Mayor and City Council
FROM: Pamela L. Lee, Deputy City Clerk
SUBJECT: Minutes of Regular Meeting August 4, 1992
RECOMMENDATION: Approve the Minutes of the Regular Meeting of August 4,
1992, as presented.
MINUTES
SAN JACINTO CITY COUNCIL
AND THE CITY COUNCIL SITTING AS THE
REDEVELOPMENT AGENCY AND
INDUSTRIAL DEVELOPMENT AUTHORITY
August 4, 1992
1.0 CALL TO ORDER
The Regular Meeting of the San Jacinto City Council was called to order at 7:30
P.M. by Mayor Boykin at the Community Center, 625 South Pico, San Jacinto,
California
Present: Councilmembers Ford, Hafliger, Leahy, Richards and Mayor
Boykin
Absent: None
A Moment of Silence was observed for Reflection
The Pledge of Allegiance was led by Mayor Boykin
2.0 REDEVELOPMENT AGENCY
None
3.0 SPECIAL PRESENTATIONS
3.1 Presentation by Michael McCartney (Eagle Mountain Project)
Michael McCartney, Mine Reclamation, made a presentation giving the
background on Eagle Mountain. The development of a landfill and recycling
center for the site began in 1982. The need for disposal had increased, as well
as the costs associated with it. With the passage of AB 939, taking effect in
1995, the proposed disposal site would alleviate the situation. The Fagle
Mountain site, located east of Palm Springs at the old Kaiser facility, had been
leased for 100 years and, unlike facilities today, would utilize newer
technology and materials separation. The proposal was designed as a state of
the art landfill. It would provide a liner to protect the air, ground water and
surrounding biology. The intent was to also accept disposal from Los Angeles
and Orange Counties.
1
August 4, 1992
The County currently was disposing of 2,000 tons daily and recent efforts to
expand were not possible because of ground water contamination due to the
lack of a barrier (liner) to provide protection. Many existing landfills would
have to be closed. The process would be to pick up at curbside and haul to a
materials recovery facility where recyclables would be separated and placed in
compaction chambers in overseas containers. The containers would then be
stacked two high and shipped by rail to Eagle Mountain where a crane would
lift them into the landfill. All along the route the containers would be checked
to assure no tampering with the seal prior to disposal. Health inspectors on
site along the process would assure that it was free of sludge, and that there
were no hazardous nor toxic wastes. The empty containers would then be
washed, inspected, and receive certification before they were shipped back to
repeat the process. The current recovery facilities were located in Stanton and
one was planned in Perris and would be a major source of revenue. The use
of rail for transporting would reduce the truck emissions but there would be
some additional pollution generated by the landfill. In addition to the liner
system, there would be four feet of clay, and four feet of rock between the
liner and the ground water. The system was designed for weather climates
with a small rain fall. The proposal provided for biological mitigation of
desert habitat and would provide a special preserve for the tortoise. Of the
$25 million annually, $5-7 million would be set aside for preservation, as well
as the acquisition of open space and the establishment of a Desert and
Ecology Center for college study. The proposal would generate additional
jobs. It was anticipated that the County Board of Supervisors would hear the
matter on September 8 and 9 and the facility could be up and operating within
twelve to eighteen months.
Mr. McCartney, in response to Council inquiries, advised that the rates would
increase. However, with recycling being mandatory that would occur anyhow
since all disposal would be required to go through a material recovery.
Facility transportation would be 90% rail and 10% truck, utilizing rail for long
hauls. Noted that currently materials were being hauled through the County to
Imperial County so we were already incurring the risks with no benefits.
Explained the protective layers as three to five feet of ground cover, a layer of
gravel, a layer of clay, then a HDP membrane 8 millimeters thick, another
layer of clay, another membrane, more soil, and more course soil. The
disposal would be covered daily with top soil. As for the water table and
sideward movement, the pit would be rock on all sides and up about 1800 feet
and the first sign of ground water would be 300 feet below the landfill. The
system would make the pit oxygen and water free and would have trash
covered on all sides to be a self contained
August 4, 1992
system. If all barriers were to collapse there would be a piping system for
backup, to pump the water to the surface and dispose of it. The closest
earthquake fault was approximately 30 miles with no measurable activity in
over 1000 years and the facility would sustain an 8.0 quake. The EPA spent
10 years developing the standard and eventually all facilities would have to
meet that. Only a few facilities in the country were using the standard.
Jack Underwood, former employee at the Kaiser facility, urged the Council to
oppose the project. Stated that during his tenure at the facility they tried
pumping water out of the east pit, 9 million acre feet of water into the open
canal for EMWD to supply drinking water. The rainfall levels were incorrect,
the pit contained 12 feet of water in less than an hour, and flash floods had in
the past taken out the rail all the way to the Coachella Valley Channel, which
would put 2000 trucks on local roads during repairs. The proposal would
close smaller dumps and put more out of work. Suggested also that a
recycling facility be located on site. Finally, the proposal would be agreeing
to the facility operation for the next five generations.
Council consensus that staff bring the matter back to the next regular Council
meeting for action to support or oppose the project.
4.0 PUBLIC COMMENTS
Stephan Rebovich, voiced concern that a business was continuing operation in his
neighborhood and sales tax was not being collected. Further, the DMV had ceased
the auto sales operation. He had made a video of the activities if the City cared to
view it.
Mayor Boykin advised that staff had found no illegal activities. Asked that the City
Manager look further into the matter.
Mr. Rebovich, after becoming quite rude and boisterous, was again removed from the
premises by the Police.
Becky Reetz, voiced concerns regarding the parking situation on El Monte when the
Valley Wide T-Ba11 program was at the park. Previously barricades were placed to
prohibit parking. Suggested that next year, if barricades were used, residents be
issued parking permits at no cost. Where tickets were to have been issued, only
warnings were given. Felt the school should be responsible for the overflow parking
which should not impact the neighborhood, which they were willing to work with the
school on the issue.
3
August 4, 1992
Maxine Hayden, thanked staff for the responsiveness to previous request of Council to
address the parking issue on El Monte. However, the barricades didn't work as
intended. The Valley Wide program brought in 400 families, players and extended
families, far exceeding the parking capacities. Suggested that next year the program
be limited. Preferred that the police not have to spend their time on parking issues,
taking them away from higher priorities.
Mayor Boykin requested that the City Manager request, prior to next year, that
participation be limited or another location be sought. The matter was to be discussed
with the school, residents and Valley Wide, working together to resolve.
Richard Hochberg, voiced concerns that since 1985 water had been coming down San
Jacinto Street and flowing across his property. After a rain he had to spend two
hours just cleaning.
Mayor Boykin requested that the City Manager have staff look into the matter.
Joe Sanchez, read a prepared statement from the Main Street Merchants requesting
assistance with the recent increase in burglaries in a two block area. Advised they
had formed a Business Watch and efforts were being made to assist each other and
review properties to establish preventative measures. They were working with the
police to improve safety and would report their progress to the Council regularly.
Requested that the City Manager provide a liaison to the Committee.
Assistant to the City Manager Anderson, along with a representative of the Police
Department would work with the committee.
Suggestion was made to check on the street lighting on Main Street to assure all were
in working order.
Richardo Hemandez-Ramos, voiced concerns regarding the lack of improvements to
sidewalks and curbs. Further, the trees planted in the parkways had created
additional damage by the root growth. Felt the effort to maintain older areas
occupied by minorities and elderly was lacking.
5.0 CONSENT CALENDAR
A MOTION was made by Councilmember Hafliger, seconded by Mayor Boykin to
pull item 5.6 from the consent calendar for consideration in closed session. Motion
carried on a 5-0 vote.
August 4, 1992
A MOTION was made by Councilmember Leahy, seconded by Councilmember
Richards to approve the consent calendar as amended. Motion carried on a 5-0 vote.
5.1 Minutes of Regular Meeting of July 7. 1992
Approved the Minutes of the Regular Meeting of July 7, 1992 amended as
follows:
Page 6 - Don Underwood comments, next to the last sentence add
"not" between had and been.
Page 13 - Item 7.1 correct 5,000 to 25,000.
Page 15 - Chief Kozma comments to reflect that POST reviews
annually for compliance, which the department exceeds standards.
5.2 Minutes of Special Joint Meeting of July 14, 1992
Approved the Minutes of the Special Joint Meeting of July 14, 1992 amended
as follows:
Page 5 - First paragraph change "or" to "for" and "is" to "his".
Page 7 - Item 6.4 Motion change "21,000" to "20,000" and item "4.3"
to "4.1"
Page 8 - Last paragraph, first sentence, change "the" to "they".
5.3 Warrant Register
Approved Warrant No. 29351 through 29477 dated July 31, 1992, in the
amount of $364,384.77 and payroll check numbers 20418 through 20506 in
the amount of $92,458.61 dated July 31, 1992.
Some concern voiced regarding Council expenditures, i.e., CEWAER and the
benefits derived, whether they benefit an individual or the city as a whole,
particularly since it was for elected women, with child care information
available through the League of California Cities.
Statement made that the material received was shared with the community and
was very helpful, particularly working on the Child Care Consortium, and
membership would not have been considered if not for sitting on the Council.
Membership was not limited to just women, many men also belonged.
5
August 4, 1992
A MOTION was made by Councilmember Hatliger, seconded by
Councilmember Ford to direct staff to draft policies to address those issues of
individual Council expenditures. Motion carried on a 4-1 vote with
Councilmember Leahy dissenting.
5.4 Claim - GTE Telephone Operations - JS 92-18
Rejected the Claims for incidents on 3-17-92 and 4-27-92 as recommended by
the Claims Adjustor pursuant to Government Code.
5.5 Claim - Environmental Industries Inc.ffestern Landscapel - JS 93-01
Rejected Claim as recommended by the claims Adjustor pursuant to
Government Code.
5.6 Claim - Duistermars Jeannie E.
Removed from consent calendar for consideration under closed session.
5.7 Truck Routes Ordinance Amendment
Waived the full reading of Ordinance No. 959 and read by title only, and
adopted.
ORDINANCE NO. 959
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO
CALIFORNIA, AMENDING ORDINANCE NO. 931.
Staff clarified that the Ordinance read to the "city limit" to avoid having to
amend with each additional annexation.
5.8 1992 Weed Abatement Collection for Regular Tax Bill
Adopted Resolution No. 1252 confirming the cost of Weed Abatement and
providing for the collection on the regular tax bill for unrecovered weed
abatement costs.
RESOLUTION NO. 2052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIf ORNIA, CONFIRMING THE COST OF ABATEMENT AND PROVIDING FOR
THE COLLECTION ON THE REGULAR TAX BILL
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August 4, 1992
5.9 Change of Zone 3-91, all Related to Annexation 66
Location: West of Sanderson Avenue to the ridgeline of the Lakeview
Mountains, North of Esplanade Avenue to the San Jacinto River, North of the
Ramona Expressway
Adopted Ordinance No. 960 and waived the reading in full, and read by title
only Approving Change of Zone 3-91.
ORDINANCE NO. 960
A ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF SAN JACINTO
APPROVING CHANGE OF ZONE 3-91 AMENDING ZONING MAP OF THE CITY
OF SAN JACINTO
5.10 Environmental Impact Assessment and Zoning Ordinance Amendment 3-92
Adopted Ordinance No. 961 and waived the reading in full, and read by title
only, amending Ordinance 340, the Zoning Ordinance by establishing Article
14D, the Urban Reserve Overlay Zone.
ORDINANCE NO. 961
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT 3-92,
ESTABLISHING ARTICLE 14D, OF ORDINANCE 340, THE ZONING ORDINANCE,
TO BE KNOWN AS THE URBAN RESERVE OVERLAY ZONE
6.0 PUBLIC HEARINGS
None
7.0 CITY DEPARTMENTS
7.1 Park Hill Bid Award - McNabb
City Attorney Cox clarified that local companies cannot be the only factor in
considering bids, Council must select the lowest responsible bidder. Mr. Cox
would research the possibility of establishing a policy with local preference
with a 5% difference.
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August 4, 1992
A MOTION was made by Councilmember Richards, seconded by
Councilmember Leahy to direct the City Manager and City Attorney to come
back with a possible policy change to incorporate preferences for minorities
and local vendors, which would not pose a challenge, and to award a contract
for the construction of Domestic Water Well No. 28 and related improvements
to McCalla, Division of Layne, Inc. in the amount of $750,354.00. Motion
carried on a 5-0 vote.
8.0 MAYOR/ COUNCIL MEMBER REPORTS/DISCUSSIONS
City Manager F.aster announced that August 12th would be the City sponsored mixer,
August 13th would be the Candidates' Orientation, and there would be a Special
Meeting August 1 1th to interview the Community Preservation Committee applicants.
Councilmember Leahy advised of the Community Neighborhood Watch at Valley
Wide on August 6th.
Councilmember Hafliger requested a policy to address individuals who continually
speak before the Council and cause problems.
City Attorney Cox to look into the matter.
9.0 CLOSED SESSION
At the hour of 9:15 P.M. the Council convened in closed session for the following:
9.1 Update on Assessment District 87-1 Foreclosures
Pursuant to Government Code Section 54956 for pending litigation.
5.6 Claim - Duistermars, Jeannie E.
Removed from consent calendar for consideration pursuant to Government
Code Section 54956 for pending litigation.
At the hour of 9:25 P.M. the Council reconvened in open session with all members
present and announced that the City Attorney had been directed to review the
Duistermars Claim and report back at the next regular Council meeting.
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August 4, 1992
10.0 ADJOURNMENT
There being no further business the meeting was adjourned. The hour of adjournment
being 9:26 P.M.
Submitted by
Maurice Armster, City Clerk
9
Approved by
Francis R. Boykin, Mayor
STAFF REPORT
DATE: September 15, 1992
TO: Mayor and City Council
FROM: Pamela L. Lee, Deputy City Clerk
SUBJECT: Minutes of Special Meeting August 11, 1992
RECOMMENDATION: Approve the Minutes of the Special Meeting of August 11,
1992, as presented.
MINUTES
SPECIAL MEETING
SAN JACINTO CITY COUNCIL AND
THE CITY COUNCIL SITTING AS THE
REDEVELOPMENT AGENCY AND
INDUSTRIAL DEVELOPMENT AUTHORITY
AUGUST 11, 1992
1.0 CALL TO ORDER
The Special Meeting of the San Jacinto City Council was called to order at 7:30 P.M.
by Mayor Boykin in the Community Center, 625 South Pico, San Jacinto, California.
Present: Councilmembers Ford, Leahy, Hafliger and Mayor Boykin
Absent: Councilmember Richards
A moment of silence was observed for reflection.
The pledge of allegiance was led by Mayor Boykin.
2.0 ORDER OF BUSINESS
2.1 Interview Applicants for the Community Preservation Committee
Mayor Boykin explained the process and asked the applicants to step outside
during each individual's interview, thereby giving no one an advantage of
knowing the questions to be asked in advance. Advised that appointments would
be made at the Council meeting of August 18, 1992.
Council consensus that the Mayor would ask the prepared questions.
The following applicants were interviewed in their respective order, with the
Council asking the following questions:
Michael Allen
Andrew Cortez
Annette Cortz
Mary Jane Hynes-Hannegan
Clarified, since she was a Council Candidate in the November
election that if elected she would have to resign any city committee
appointment.
Jack O'Brien
Therese Palmer
August 11, 1992
Ricardo Ramos Hernandez Jr.
Clarified that Mr. Ramos did in fact reside in Hemet and not San
Jacinto, and as such was not eligible for appointment to the
committee.
Norman Surbeck
Rick Thomsen
Gilbert Torres
Marguerite Washburn
1) Will you tell us about your previous background and how
you feel it relates to the Community Preservation
Committee?
2) What are some of the experiences or reasons which
motivated you to become interested in being a member of
this Committee?
3) Do you have anything to offer which you believe places
you ahead of other candidates applying for the Community
Preservation Committee?
4) What are some of the personal characteristics that you
believe a person should have in order to effectively deal
with the public in a positive manner?
5) Is there anything you would like to add in your favor which
you feel is important and we have failed to cover?
3.0 ADJOURNMENT
There being no further business, A MOTION ,.vas made by Councilmember Leahy,
seconded by Councilmemher Hafliger to adjourn. Motion carried on a 4-0 vote with
Councilmemher Richards. The hour of adjournment being 9:10 P.M.
Approved by
Francis R. Boykin, Mayor
Submitted by
Maurice Armster, City Clerk
STAFF REPORT
DATE: September 15, 1992
TO: Mayor and City Council
FROM: Pamela L. Lee, Deputy City Clerk
SUBJECT: Minutes of Regular Meeting August 18, 1992
RECOMMENDATION: Approve the Minutes of the Regular Meeting of August 18,
1992, as presented.
MINUTES
SAN JACINTO CITY COUNCIL
AND THE CITY COUNCIL SITTING AS THE
REDEVELOPMENT AGENCY AND
INDUSTRIAL DEVELOPMENT AUTHORITY
August 18, 1992
1.0 CALL TO ORDER
The Regular Meeting of the San Jacinto City Council was called to order by Mayor
Boykin at 7:30 P.M. in the Community Center, 625 South Pico, San Jacinto,
California.
Present: Councilmembers Ford, Hafliger, Leahy, and Mayor Boykin
Absent: Councilmember Richards
A Moment of Silence was observed for Reflection
The Pledge of Allegiance was led by Mayor Boykin
2.0 REDEVELOPMENT AGENCY
None
3.0 SPECIAL PRESENTATIONS
Mayor and Council made a presentation of a "Key to the City" to Greg Schouten for
his participation in the Junior Olympics and winning a Silver Medal in weight lifting.
4.0 PUBLIC COMMENTS
Perry Warren, commended staff on the Candidates' Orientation and the presentations
made by each department. The information received had made him a better citizen.
David Puckett, Sr., voiced concern regarding water in their neighborhood, and
provided a sample which had been drawn through a pumice filter. In addition, after a
prior flood some years ago, a commitment had been made to make street
improvements, which none had been done. Finally, the street lighting on Artesia was
lacking and there had been an increase in burglaries.
August 18, 1992
Assistant to the City Manager Anderson advised that staff would follow up on those
matters.
Marvin Martin, inquired what the status was of a Rent Review Board for Mobile
Home Parks in San Jacinto.
Mayor Boykin stated that in the past the Rent Review Board had been discussed and
the City tried to resolve individual park problems but never stated that the city would
establish a rent review board. Requested that the City Manager review and report
back to the Council.
Ray Rasmussen, following up on Mr. Puckett's comments earlier, stating that the
flood had occurred in 1980 and funds were obtained for flood relief to make
improvements to the street yet none had been completed. In addition, the water
problems existed two years ago. During that time the black top had been broke up,
and even a City employee came by to advise that the street would be leveled, but
nothing had been done. Staff kept advising that they would look into the matter, but
nothing had been done. Finally, he was being assessed on his tax bill for sewers but
was on a septic tank and had not been connected to the public sewer system.
Mayor Boykin requested that the City Manager follow up and report back on the
matter at the next regular meeting.
5.0 CONSENT CALENDAR
A MOTION was made by Councilmember Leahy, seconded by Councilmember
Hafliger to approve the consent calendar as presented. Motion carried on a 4-0 vote
with Councilmember Richards absent.
5.1 Minutes of Regular Meeting of July 21, 1992
Approved the Minutes of the Regular Meeting of July 21, 1992 as presented.
5.2 Warrant Register
Approved Warrant No. 29478 through 29617 dated August 15, 1992 in the
amount of $269,841.73 and payroll check numbers 20511 through 20602 in the
amount of $114,257.20 dated August 14, 1992.
5.3 Claim - Compton Susie - JS 93-03
Rejected the Claim as recommended by the claims Adjustor pursuant to
Government Code.
2
August 18, 1992
5.4 Community Facilities District Nos. 1.2,3 & AD 87-1
Adopted Resolution No. 2053 through 2056 establishing the annual special
taxes for Community Facilities District Nos. 1,2,3, and Assessment District
87-1 with the amended exhibits as presented.
RESOLUTION NO. 2053
A RESOLUTION OF THE CITY OF SAN JACINTO COMMUNITY FACILITIES
DISTRICT NO. 1 ESTABLISHING AN ANNUAL SPECIAL TAX FOR POLICE AND
FIRE SERVICES AND FOR PUBLIC FACILITIES FOR FISCAL YEAR 1992/93
RESOLUTION NO. 2054
A RESOLUTION OF THE CITY OF SAN JACINTO COMMUNITY FACILITIES
DISTRICT NO. 2 ESTABLISHING AN ANNUAL SPECIAL TAX FOR POLICE
AND FIRE SERVICES AND FOR PUBLIC FACILITIES FOR FISCAL YEAR 1992/93
RESOLUTION NO. 2055
A RESOLUTION OF THE CITY OF SAN JACINTO COMMUNITY FACILITIES
DISTRICT NO. 3 ESTABLISHING AN ANNUAL SPECIAL TAX FOR POLICE AND
FIRE SERVICES FOR FISCAL YEAR 1992/93
RESOLUTION NO. 2056
A RESOLUTION OF THE CITY OF SAN JACINTO ASSESSMENT DISTRICT NO.
87-1 ESTABLISHING THE ANNUAL SPECIAL TAX FOR PUBLIC FACILITIES FOR
FISCAL YEAR 1992/93
5.5 1992/93 Fiscal Year Senior Nutrition Program Lease
Approved 1992/93 fiscal year Senior Nutrition Program Lease Agreement with
the County of Riverside.
5.6 Request for Release of Bonds - California Ranch Homes Tract No. 22950-2
Reduced Bond # 3SM 720 943 00 from $257,054.00 to $25,705.00.
Released Bond # 3SM 720 944 00 in the amount of $1,500.00.
5.7 Change Orders 1-6 Esplanade Avenue Project
Approved Change Orders 1-6 to the Esplanade Avenue project contract with
Floyd Johnston Construction.
3
August 18, 1992
5.8 Consent agreement with Southern California Edison Company relative to
restricting the height of street trees on Mountain Ave
Approved the consent agreement as it pertains to Item 7 therein and authorized
the Mayor to execute the agreement.
5.9 Agreement between Palos Verdes Investment Corp. (Ronald Florence) for
foreclosure proceedings on Asst. District 87-1
Adopted Resolution No. 2057 approving an agreement between Palos Verdes
Investment Corporation for foreclosure proceedings on Assessment District 87-
1
RESOLUTION NO. 2057
A RESOLUTION OF THE CITY COUNCIL OF SAN JACINTO APPROVING AND
AUTHORIZING EXECUTION OF AN AGREEMENT TO PROVIDE PROCEEDS OR
TITLE FROM A FORECLOSURE ACTION WITHIN ASSESSMENT DISTRICT NO.
87-1 BY AND BETWEEN THE CITY OF SAN JACINTO AND PALOS VERDES
INVESTMENT CORPORATION (RONALD FLORENCE).
City Attorney Cox, in response to Council inquiries, advised that it was
anticipated that the City would recover penny for penny the funds expended.
Upon execution the City would receive a check for past expenses to date and
the foreclosure action would be assigned by Mr. Florence. There could be
additional delinquencies and the city was not in a position to continue funding
until recovery of the funds could be made. Advised that the revised
recommendation and some minor modifications to the agreement were as noted
in the amended staff report handed out prior to the meeting.
Perry Warren, voiced concerns with the delay in the foreclosure proceedings
and that the trustee would profit rather than the City with the proposed action,
by obtaining a very valuable piece of property.
City Attorney Cox explained that the delays occurred because following the
initial foreclosure proceedings, another purchaser also went into bankruptcy
causing additional time lapses to allow for the legal process. The City was not
in a position to continue funding of payments until the matter was settled and
this proposed action would recoup all costs expended by the City. It was the
safest action for the City to take. If the City were to bid at the auction of the
property it would forego the right to recover funds spent and there would be
no guarantee of ownership.
4
August 18, 1992
5.10 Joint Powers agreement to access California Law Enforcement
Telecommunications System 9 CLETS
Adopted Resolution No. 2058 approving the Joint Powers Agreement for
access to CLETS.
In response to Council inquiries, Police Chief Kozma advised that other
jurisdictions favored the proposal. The agreement would provide increased
technology at a shared cost. The system would greatly improve the time to
obtain information in a coordinated effort.
RESOLUTION NO. 2058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO
ESTABLISHING A JOINT POWERS AGREEMENT BETWEEN RIVERSIDE MID -
COUNTY POLICE AGENCIES FOR A COMPUTER NETWORK
5.11 State -Local Partnership Program - Ramona Expressway Rehabilitation Project
between Seventh and Cedar
Adopted Resolution No. 2059 approving State -Local Transportation
Partnership Program Supplement No. 002 for the Ramona Expressway
Rehabilitation Project.
RESOLUTION NO. 2059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO
CALIFORNIA, APPROVLNG PROGRAM SUPPLEMENT NO. 002 AND
AUTHORIZING THEIR EXECUTION TO STATE LOCAL MASTER AGREEMENT
NO. SLTPP-5075
5.12 Labor Negotiations extension
Granted a further extension of the Police, Fire and Miscellaneous
Memorandums of Understanding through September 30, 1992.
6.0 PUBLIC HEARINGS
None
7.0 CITY DEPARTMENTS
7.1 Appoint Community Preservation Committee - Chadwick
5
August 18, 1992
Council prepared their written ballots, selecting from the ten applicants, five
committee members and two alternate members.
Ballots were counted and results were presented by the City Clerk as follows:
Rick Thomsen, Andrew Cortez, Annette Cortz. Gilbert Torres and Jack
O'Brien receiving a majority of votes and constituting the committee
membership.
Michael Allen, receiving a majority of votes as an alternate and a tie
between Mary Jane Hynes-Hannegan and Norman Surbeck as
alternates.
Council prepared ballots to break the tie for an alternate.
Ballots were counted and results were presented by the City Clerk as follows:
A tie still existed between Mary Jane Hynes-Hannegan and Norman
Surbeck.
Council consensus to confirm the appointments as voted and direct staff to
prepare an amendment to the Ordinance to allow for three alternates on the
committee.
7.2 Appoint Library Board Member - Lee
A MOTION was made by Councilmember Ford, seconded by Councilmember
Leahy to appoint Forest J. Aguirre to the Library Advisory Board to fill the
unexpired term of appointment. Motion carried on a 4-0 vote with
Councilmember Richards absent.
7.3 Road Closure Policy - Evans
Public Works Director Evans advised that the Chamber request for a policy
originated due to the work on Esplanade. The Public Works Department, due
to that, had become more sensitive to the needs of the community. Explained
that in order to do street improvements there would be no way to eliminate all
the inconvenience to businesses and customers. However, new procedures had
been implemented to work with the businesses which resulted in no street
closures during the first four days
6
August 18, 1992
of the month. That scheduling was due to the heaviest business traffic being
when the seniors receive their social security checks. Input would also be
received from impacted businesses on how the streets would be barricaded.
Work will be accomplished at night when feasible. However, there would
always be the problem if something goes wrong at night, work may still be
there in the morning. This type of plan would be more productive than a
prohibition on closing streets. In addition, the night work would result in
additional costs. Those affected by street closures would be sent notices.
With regard to utilities working at the same time, the problem arises that they
do no share the same trenches, i.e., sewer lines must be a specified distance
from the water.
R. J. Stevens, representing the Chamber, advised that most issues had been
covered by Mr. Evans. However, he disagreed with the policy because the
City at one time had a street closure policy. The impact to business would
also impact the sales tax revenue to the City.
Mayor Boykin, with approval of the Council, directed staff to review what
exists and bring back a report and recommendation at the September 15th
meeting.
Councilmember Hafliger voiced concern that bringing every matter, such as
the street closure to a Council policy placed decision making at an emotional
level rather than a rational level based upon staff decisions. An example cited
was a few months back the expenditure to hot tar the Ramona Expressway
which was already slated for rehab at the present time, resulting in several
thousands of dollars in added expense.
7.4 Appointment of a City Council Representative to the Residential Compatibility
Ordinance Committee - Hults
Senior Planner Hults advised that the Planning Commission unanimously
recommended that the Ordinance be considered by a Committee and that the
City Council appoint a Council representative to the Committee, along with a
representative of the Planning Commission, the Development Community,
Public and staff.
Some concerns of Council were the matter of a Councilmember sitting on a
committee making a recommendation which would ultimately come to Council
for a decision and that a Council Subcommittee already existed.
7
August 18, 1992
A MOTION was made by Councilmember Ford, seconded by Councilmember
Leahy not to appoint a Council representative to the Committee. Motion
carried on a 4-0 vote with Councilmember Richards absent.
8.0 MAYOR/ COUNCIL MEMBER REPORTS/DISCUSSIONS
8.1 Mine Reclamation Corporation - Eagle Mountain Proposal - Boykin
There were no speakers wishing to present testimony on this matter.
Richard Lashbrook, County Administrative Offices, was present to answer any
questions.
Mr. McCartney, in response to Council inquiries, advised that the area in
question would not be utilized until the environmental work had been
completed and had gone through the public hearing process, which was
estimated to be about 60-65 years away. The initial operation would begin
with the pits on the west side. Advised that the City of Palm Springs had
voted against the proposal. In the event of an accident by rail, the rail hauler
would be responsible for clean up and the development agreement contained a
series of financial assurances to make funds available to reimburse local
agency costs, backed by letters of credit with $25 million available.
Provisions would be made to reserve a 2,000 ton per day entitlement to the
County, and that in excess would receive a 10% discount for dumping,
providing a beneficial rate over those users from outside the County, plus the
additional $5 per ton would not apply.
Alan Oganesian voiced concern that the tonnage reserved for the County was
3,000 tons short of what would be needed.
Mr. McCartney stated that the tonnage was based upon a lot of assumptions,
one that population remains the same. However, it was anticipated that
additional landfill sites would increase with the population. Stated that many
smaller landfills would be closed and the only protection to assure County
adequate capacity would be regional landfills operated by the County.
8
A MOTION was made by Councilmember Leahy, seconded by
Councilmember Ford to take no action at the time and to recommend that each
individual voice their personal positions to the Board of Supervisors. Motion
carried on a 3-1 vote with Councilmember Richards absent and Councilmember
Hafliger dissenting.
Mayor Boykin advised he would provide the Council's direction for WRCOG.
OTHER COUNCIL MA I 1 ERS:
Councilmemher Leahy inquired regarding a vacancy on the Planning Commission.
Staff advised that an indication was made that Commissioner Iacono may be resigning,
but nothing official yet. In addition, Commissioner Taylor's term of office would
expire in October. The process would be followed as adopted by the Council for
appointments and in accordance with the Maddy Act when the time came, At the
appropriate time an appreciation plaque would be presented.
Councilmember Leahy inquired regarding the relocation of the Senior Day Care
Center.
Staff advised that it was expected to remain for another year. The City Manager
would contact the Board to receive their input on what future plans were.
Councilmember Ford and Mayor Boykin commended staff on the outstanding Chamber
Mixer.
Councilmember Leahy commended staff on the quick response to the sudden rain
storm.
9.0 CLOSED SESSION
At the hour of 9:30 P.M. the Council convened in closed session pursuant to
Government Code Section 54956.
9.1 Claim - Duistermars, Jeannie
At the hour of 9:45 P.M. Council reconvened in open session with all members
present except Councilmember Richards.
9
August 18, 1992
A MOTION was made by Councilmember Hafliger, seconded by Councilmember
Ford, to reject the claim pursuant to Government Code. Motion carried on a 4-0 vote
with Councilmember Richards absent.
10.0 ADJOURNMENT
There being no further business, A MOTION was made by Councilmember Ford,
seconded by Councilmember Leahy, to adjourn. Motion carried on a 4-0 vote with
Councilmember Richards absent. The hour of adjournment being 9:46 P.M.
Submitted by
Maurice Armster, City Clerk
10
Approved by
Francis R. Boykin, Mayor
STAFF REPORT
DATE: September 15, 1992
TO: Mayor and City Council
FROM: Pamela L. Lee, Deputy City Clerk
SUBJECT: Minutes of Regular Meeting September 1, 1992
RECOMMENDATION: Approve the Minutes of the Regular Meeting of September 1,
1992, as presented.
MINUTES
SAN JACINTO CITY COUNCIL
AND THE CITY COUNCIL SITTING AS THE
REDEVELOPMENT AGENCY AND
INDUSTRIAL DEVELOPMENT AUTHORITY
SEPTEMBER 1, 1992
1.0 CALL TO ORDER
The Regular Meeting of the San Jacinto City Council was called to order at 7:30 P.M.
by Mayor Boykin at the Community Center, 625 South Pico, San Jacinto, California.
Present: Councilmembers Hafliger, Leahy, Richards and Mayor Boykin
Absent: Councilmember Ford
A Moment of Silence was observed for Reflection.
The Pledge of Allegiance was led by Mayor Boykin.
2.0 REDEVELOPMENT AGENCY
None
3.0 SPECIAL PRESENTATIONS
None
4.0 PUBLIC COMMENTS
None
5.0 CONSENT CALENDAR
A MOTION was made by Councilmember Leahy, seconded by Councilmember
Richards to approve the consent calendar as presented. Motion carried on a 4-0 vote
with Councilmember Ford absent.
5.1 Minutes of Special Meeting of July 28, 1992
Approved the Minutes of the Special Meeting of July 28, 1992 AM as
presented.
1
September 1, 1992
5.2 Minutes of Special Meeting of July 28, 1992
Approved the Minutes of the Special Meeting of July 28, 1992 PM as
presented.
5.3 Warrant Register
Approved Warrant No. 29618 through 29787 dated August 31, 1992 in the
amount of $375,685.22 and payroll check numbers 20603 through 20700 in the
amount of $99,946.66 dated August 28, 1992
5.4 Reaccept Flood Control Lots - Rancho San Jacinto
Location: Southerly of Evans Street and Easterly of Hewitt Street
Reaccepted dedication in fee title for flood control. drainage, and landscape
purposes, lots 10 through 14 inclusive of Tentative Tract 23671
5.5 Agreement for Training with California Highway Patrol
Authorized the Chief of Police to enter into an agreement with the California
Highway Patrol for training purposes and adopted Resolution No. 2060
RESOLUTION NO. 2060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO
AUTHORIZING AGREEMENTS BETWEEN THE POLICE DEPARTMENT OF THE
CITY OF SAN JACINTO AND THE STATE OF CALIFORNIA, DEPARTMENT OF
CALIFORNIA HIGHWAY PATROL
5.6 Report Preparation Authority (CVJPIA)
Adopted Resolution No. 2061 authorizing the Coachella Valley Joint Powers
Insurance Authority (CVJPIA) to file the Department of Industrial Relations
annual report with the State of California on behalf of the City of San Jacinto.
RESOLUTION NO. 2061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, GIVING AUTHORITY FOR FILING THE DEPARTMENT OF
INDUSTRIAL RELATIONS ANNUAL REPORT TO THE COACHELLA VALLEY
JOINT POWERS INSURANCE AUTHORITY
September 1, 1992
6.0 PUBLIC HEARING
6.1 Rancho San Jacinto Development Agreement 1-89, Amendment 1 ( PR
Equities)
Senior Planner Hults gave a staff report as filed with the agenda. Mr. Hults
outlined the purpose of the amendment to allow a variance on dwelling unit
sizes based on the market fluctuations, while still assuring a minimum size.
Requested that Exhibit "C" to the Ordinance be amended to read as Exhibit "A"
of the Resolution "The ultimate average dwelling unit size should be no less
than 95% of the model average for the related tract to allow for changes in the
mix brought on by market pressures." This change was recommended by the
City Attorney to bring consistency to the language used in both documents.
In response to Council inquiries, Mr. Hults clarified that the minimums
proposed was in keeping with the concerns of meeting the unit size to fund the
Mello Roos.
Mayor Boykin opened the public hearing on both items 6.1 and 6.2, which
were related.
Dave Cottington, representing Peacock Radaker Corp, stated he had nothing to
add to what Mr. Hulls explained. Clarified that it would not be their intent to
place all the largest homes in the last phase in the event that was not a
marketable item at that time. He intended to maintain a balance throughout
and was in agreement with the 5% variance. Stated that the averages proposed
were above what was projected to maintain the Mello Roos.
Jim Smedley, stated that the Rancho San Jacinto Homeowners Committee had
met and agreed to the proposal. He would, however, like to see less
ambiguous language, something more specific that would differentiate the 5%
variance and the minimum unit size, would not want to see a misinterpretation
that the minimum size could be 5% less.
Community Development Director McNabb clarified that the exhibits stated a
minimum unit size, which could be no less, and the 5% variance would apply
only to the average minimum.
3
September 1, 1992
Allen Cornett, voiced concerns that the Mello Roos was based upon a certain
type and quality housing and with the present economy downturn the builder
requested amendments wherein he promises an average but there would be no
control after the fact. Did not want to see the area turn into another Cantamar
and not meet the needs of the Mello Roos with the small units.
Virgal Woolfolk, concurred with Mr. Cornett, stated he understood the market
concerns but concerned about where the figures came from to arrive at the
determination that they would support the Mello Roos. In addition, he voiced
concerns regarding compatibility, felt there were architectural things which
could be done to have smaller units appear larger. Felt the residents had been
promised a master planned community and was what they should get.
Community Development Director McNabb advised that the City had hired a
consultant to do a Mello Roos analysis and he determined the smaller units, as
proposed, would more than meet the debt paying requirements of the Mello
Roos, even with the worse case scenario.
Mr. Hults clarified that the units could vary only 5% of the model average and
in no case be less than the stated minimum.
Mr. McNabb explained that the purpose of handling the market lluctua-tions in
that manner would avoid the developer having to return each time the market
changes to make an amendment to the plan. In addition, this amendment to the
development agreement included development guidelines for Rancho San
Jacinto to create consistency with the existing units.
Craig Rothhammer, inquired to see a map of the tracts being discussed.
Mayor Boykin offered his map from his agenda packet and City Manager
Easter offered her staff report from her agenda packet.
There being no further speakers wishing to present testimony, the public
hearings on items 6.1 and 6.2 were closed.
A MOTION was made by Councilmember Ha!Eger, seconded by
Councilmember Leahy to introduce Ordinance No. 962 with the amended
Exhibit, waive the reading in full and read by title only approving Development
Agreement 1-89, Amendment 1, subject to the Findings of Fact. Motion
carried on a 4-0 vote with Councilmember Ford absent.
September 1, 1992
ORDINANCE NO. 962
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO
AMENDING DEVELOPMENT AGREEMENT 1-89 MADE BETWEEN THE CITY
AND PR EQUITIES, LTD, DATED SEPTEMBER 19, 1989, AND RECORDED ON
NOVEMBER 30, 1989 AND AUTHORIZING THE EXECUTION OF THE
AMENDMENT TO THE DEVELOPMENT AGREEMENT ATTACHED HERETO AS
EXHIBIT "A"
6.2 Rancho San Jacinto Conceptual Specific Plan 1-85, Amendment 1 (PR
Equities) - Hults
A MOTION was made by Councilmember Leahy, seconded by
Councilmember Richards to adopt Resolution No.2062 approving Conceptual
Specific Plan 2-88, Amendment 1, subject to the Findings of Fact. Motion
carried on a 4-0 vote with Councilmember Ford absent.
RESOLUTION NO. 2062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO
APPROVING THE RANCHO SAN JACINTO SPECIFIC PLAN PHASE II (SPECIFIC
PLAN 2-88) AMENDMENT #1, LOCATED SOUTH OF COMMONWEALTH
AVENUE AND ESPLANADE AVENUE AND NORTH OF WASHINGTON AVENUE
AND WEST OF THE NORTHERN PROLONGATION OF MERIDIAN AVENUE,
SUBJECT TO THE FINDINGS OF FACT
7.0 CITY DEPARTMENTS
7.1 Conceptual Specific Plan 1-91, Change of Zone 11-91 and related draft
Environmental Impact Report (Peacock Radaker Corporation) - Hults
Senior Planner Hults gave a brief staff report as on file with the agenda packet.
Advised that the purpose was to seek comments on the proposal.
Agency responses had been received and a more in depth analysis would be
done and mitigation measures implemented. In response to Council, advised
that the matter would come before the Council at a Public Hearing sometime in
October.
Councilmember Leahy advised she had several pages of comments which she
would submit to staff the following day.
5
September 1, 1992
Mr. McNabb, in response to Councilmember Hafliger, advised there were
provisions in the plan for an interim retention basin which could be made
permanent. Also they could coordinate with EMWD, PR Equities and Westras
to integrate the use of reservoir property, as well as, the City and Muni Golf to
contain the storm runoff. Advised they had met with those in the Northwest
Area to discuss a financing mechanism to address storm water
retention/detention. Further, regarding the flooding of agricultural property, Mr.
McNabb explained that in the long term the runoff would flow into an
improved channel which would lead to a 100 acre retention basin.
STATE BUDGET UPDATE:
Assistant to the City Manager Anderson gave an update on the State Budget. He
advised that the proposal and the trailer bills would have an impact on San Jacinto for
the loss of 9% property tax amounting. to about $65,000 in revenue annually. In
addition there would he a one time RDA loss of 14% equating to about $150,000.
City Manager Easter advised that the discussion on the Fire and Building Codes, from
the Study Session, would be on the next Council meeting.
7.2 Artesia Street Paving. (Alessandro to Dead End)
City Manager Easter advised, pursuant to Council direction, that the Artesia
Street matter had been discussed with the City Attorney who suggested, in
order to respond to the matter of paving the City portion of Artesia Street, from
Alessandro to the dead end, that the City do a hid, published five days, and
grant the City Manager authorization to accept the lowest hid under $20,000,
and if the bids are higher, then the matter would go out for regular bid. It was
hoped the matter could be expedited and possibly take advantage of a
contractor already doing work for the City. The process outlined would also be
in compliance with the City ordinance. The matter could be added to the
agenda by Council vote pursuant to Government Code Section 59452, since the
matter came up after the agenda was posted.
A MOTION was made by Councilmember Leahy, seconded by Mayor Boykin
to add the Artesia Street matter to the agenda as item 7.2. Motion carried on a
4-0 vote with Councilmember Ford absent.
6
September 1, 1992
Mr. McNabb, in response to Council inquiry, advised that the paving would be
in accordance with the plans and would pave only to the Centerline.
City Manager Easter advised that the matter had been brought to the City's
attention at the last meeting and at that time staff had hoped to piggy back on
another construction bid, which turned out not to be possible.
A MOTION was made by Councilmember Leahy, seconded by
Councilmember Hafliger, to authorize the City Manager to advertise a 5 day
bid notice and accept the lowest bidder under $20,000 for the Paving of Artesia
Street. Motion carried on a 4-0 vote with Councilmember Ford absent.
8.0 MAYOR/ COUNCIL MEMBER REPORTS/DISCUSSIONS
Councilmember Leahy complimented the Fire Department on their recent training
session to combat propane fires.
Councilmember Richards distributed copies of the written opinion he received from the
FPPC regarding his possible conflict of interest on matters concerning Roger Morgan.
The FPPC opinioned "From the facts you have provided, it would appear that neither
Roger Morgan nor any of his companies are a 'source of income' to you.
Consequently, absent some other disqualifying economic interest as set forth in Section
87103, or some direct financial effect on you personally resulting from governmental
decisions involving Roger Morgan or any of his companies, you may participate in
such City Council decisions."
Mayor Boykin advised of an invitation to Council to be their guests from Farmers
Fair. Asked that those interested let him know so he could respond.
9.0 CLOSED SESSION
At the hour of 8:25 P.M. the City Council convened in closed session pursuant to
Government Code as follows:
9.1 Potential Litigation 54956.9B
At the hour of 8:46 P.M. the Council reconvened in open session with all members
present except Councilmember Ford.
7
September 1, 1992
9.2 Assessment District 87-1 Foreclosure
A MOTION was made by Councilmember Leahy, seconded by
Councilmember Hafliger to add item 9.2 (Assessment District 87-1 Foreclosure)
to the agenda. Motion carried on a 4-0 vote with Councilmember Ford absent.
A MOTION was made by Councilmember Leahy, seconded by
Councilmember Hailiger to adopt Resolution No. 2063 authorizing
advancement of funds to the Special District. Motion carried on a 4-0 vote
with Councilmember Ford absent.
RESOLUTION NO. 2063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, AUTHORIZING ADVANCEMENT
OF FUNDS TO SPECIAL ASSESSMENT DISTRICT NO. 87-1
10.0 ADJOURNMENT
There being no further business, A MOTION was made by Councilmember Leahy,
seconded by Councilmember Richards to adjourn. Motion carried on a 4-0 vote with
Councilmember Ford absent. The hour of adjournment being 8:47 P.M.
Submitted by
Maurice Armster, City Clerk
Approved by
Francis R. Boykin, Mayor
8
A 5.5
STAFF REPORT
TO: Mayor and City Council
FROM: Anna A. Vega, Finance Director
Via Pamela S. Easter, City Manager
SUBJECT: Approval of Register of Audited Demands
and Payroll Checks
DATE: September 15, 1992
RECOMMENDATION
Approve warrant numbers 29788 through 29914 dated September 15, 1992 in the amount
of $ 1,034,339.05 and Payroll check numbers 20701 through 20796 dated September 11, 1992
in the amount of $92,473.29.
SUMMARY
A listing of accounts payable warrants is attached for your review and approval.
The following is additional information for the Register of Audited Demands,
Warrant No. 29811 - Jim Wolford - Served as Relief Inspector during Doug Shipman's absence
and is also filling in while Dan Zimmerly is on light duty.
Payroll information is available for review in the Finance Department.
CF S�N' JACINTO �
GLCD12 REGI5TER OF �UDITED DEMANDS PAGE 1
29788*
29789*
2979O*
29791*
29792�
29793*
29794*
29795*
29796*
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29798*
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29038
UNITED CALIFD"IA BA#K A/C 2Ot395 DATE c/15/92
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RICHARD HIXSON
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BILL RUTLEDGE
DAVID VER PLANK
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PAMELA LEE
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BOLLARD GAS SERVICE INC
MONIQUE BECKNER
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STATE OF CALIFORNIA
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CONRAD & ASSOCIATE�
COUNTS UNLIn1\ED
CREST MEDICAL INC,
CVJPI�
L^N. CURTIS�
D�J
DESC�IPTION
PA;ME#T COLLECTIONS
PAYMEHT COLLECTIONS
REPLE�ISH PO8TAGE METER
TE�F�LDG^ INSPECTOR
��GPERTY TAX —DEBT SERVICE~CFD 2
�CHTHLY LEASE�JULY/AUGUST
PC MEETING
�C �EETING
PC MEETING
PC MEETING
P�Y��EHT COLLECTIOHS
PAYMENT COLLECTIONS
CG;�FERE��CE~�^ MCNABB
A��EXATI8N 59
CIT� CLERK SERVICES
RPAY#ENT ON BLDG. PERMIT
PL�� CK~STORM DRAIN
PA�MEHT COLLECTIONS
PAYMENT COLLECTIONS
P�YHENT COLLECTI8N3
P��MENT COLLECTIO#S
P�y>�ENT COLLECTIONS
P��HEHT COLLE�TI0NS
TEM�/ DLDG~ INSPECTOR
CG;�FERENCE/JAN LEAHY
PAYMEMT COLLECTION�
COLLECTIONS
��YHENT C0... LECTIONS
PAYMENT COLLECTIONS
DISP�TCHER COURSE~POST REIMB^
LONG D1STANCE SERVICE
ISPAT�AER COURSE�POST REIM8^
SUPPLIES~CIVIC CENTER
BU�GET COVERS & BUSINESS LICENSE
L�B TESTS�WATER
P�CPAN�^STREET MAINTENAMCE
DISPATCNER C�URS[—POST REIMB,
BLDG SUPPLIES~WATER
AHNUAL DUES�BLDG~ DEPT.
RPINTING PROCESSING~P^B^
VEHICL[ WASH
TGWING^�^D^/UNIT 131
LANDSC�PE HAINT.~LLMD
ELECTRICAL SUPP, ALL DEPTS^
COMF'UT[� SUPPLIE�~ADM. OFFIC�S
�UDIT S[RVICFS
T�A�F3C COUNTS
LI�BILITY CO;[RAGE INSURANCE
STRUCT���E GLOVES~F^D
!.A;�DSCAPE~PARK HILL
AMDUNT
147^B9
931^26
976.00
1,44O.00
544,213^28
2,169^72
1OO~OO
100^�O
1O0^0O
1O0^00
182,69
398~63
170.0D
1OO^0O
1'36O^O2
1,327^O7
5O0^00
235^17
706,92
110,69
B46.79
211,81
457^94
8O0.00
175^0O
332^7O
150+38
6O4^4O
305.83
61^25
1^14
122.5O
8^99
180^48
54,OO
80^83
122~50
87^83
115+0O
189^OO
49^00
i35^0O
2'8OO^O0
1O1^29
135.36
3^468~00
2OO.00
37~50
1O1�4O1.00
470.87
25O^OO
GLCD12
\ CITY OF SAN JACINTO
REGISTE� DF Aw1aITED DEMANDS PAGE �
CHECK
29839
29O40
29841
29842
29843
29844
29845
29846
29847
29848
29849
Z9Q5O
29851
29852
Z9853
29854
Z9855
Z9856
29B57
29B58
29859
29860
29861
29662
29863
29864
29865
29866
29867
29868
29869
29870
29871
29872
29873
29874
29875
29876
29877
29878
29879
29880
2988l
29882
29883
29884
29885
29886
29887
2988S
29889
UNITED CALIFD�NIA BA�K A/C 201398 BATE 9/15/92
ISSUED TO
J^F^ DAVIDSON
DIE DRUS BLUEPRINTNG
R^F. DlCKSON COMPANY
BLANE DILLOM
DOMINOS PlZZA
�URRY COPY
EDEL�ROCK
DAoID EVANS & AS3OCIATE
EVANS TIRE C.A.)^
OFELIA FIERRO
1ST MUNICIPAL DIVISION
TOM FLENN1|<E@ AND ASSC,
GFB�FRIEDRSL,
GENERAL TELEPHONE CO,
HAINES & CO,
BEN HARPER
HEMET ELEC~ MOTOR
HEMET NE W8
HEMET RACQUETBALL
HI STANDARD AUTDMOTIVE
HINCKLEY & 8CHMITT
HINCKLEY & SCHMITT
HOUSE OF QUALITY
HUBBS STATIONERY
IE�C
INLAND CHEVROLET
INLAND FOUNDATION ENG^
INLAND UNIFORMS
J & J AUTOMOTIVE
FLOYD JOHNSTON CONST,
THE KEITH COMPANIES
KENNEDY,'JEhKS CONSULTNT
LA CELLULHR
LJEBERT.CASSIDY/FRIERS�
LONGS DRUG STORE
MARKMAN^ ARZYNSKI
MARDEH, N~SUSC0
MARSH & MCLENNAN
MICROGKAPHICS I@L^
MISSION UNIFORM SERVICE
LAURIE MORA
NATIONAL FIELD TRAINING
NBS/LOWRY
NTFC
OVERNIGHT INBUSTRIAL
PACTELL BUGINESS SYSTEM
PACTELL CELLULAk~LH
PACTELL MERIDIAN
PAGENE7
PARKHILL NURSERY
LARRY PIERCE PLUMBINb
DESC�IPTION
TR�FFIC ENGINEERIN8
��LARS
STRB�T �WEEPING
DEFENSIVE TACTICS SCHDOL�P°D~
FIRE CALL BACK`f~D~
IHHDVATIVE CITIES PICTURES
FIHAL GALES TAX PASS~THRQUGH
ENGINEE��ING SE��VICES
TIRES & REPAIRS
BE�EFITS EXPENSE REIMB^
BROOMS��EEPER LEASE
POLYGRAPH EXAM~NEW HIRES
CON�ULTANT.... LLMD
PHDNE �ERVICES
12 HO. ||AINES DIRECTORY~p+D^
TUTIGH—P^D^
REPR. D�ILL—WATI: R
LEG�L �D�ERTISING
WELL#ES�D P8OGRAM
EHERSENCY EQPT^—P^D^
DRIHKIN� WATER
DRIINKINIIt' WATER~P^D.
A�TG P;��TS
OFFICE �UPF1]ES
ME��BERCHIP DUES
VEHICLE REPAIRS
CO��PACTIOH TEST~ESF'LANADE
SAFETY EQUIPMENT�P^D
�/EHICLE: MAINT+
ESPLANADE ST^ IHPV^
A��HEy 7� COORDINATION
WTR/SW�� MASTEK PLAN
FA� FOA DET[CTIVES
LABOR PJ-LATIUNS ATTDRN.EY
FIL�� PQ��CESSING—P^D.
CLAIM� HOUSEL
WTN, PIr'E & SUPPLIES
P�OPERTY CASUALTY INSURANCE
COMPUTEP PFl"OORAM.... ADM. OFFICES
UNIFORM CLEANING
NEETIH�~FPPC
MEMBERSIT. P~STE[III PORT
ENG. UTIL EST GANDERSN/RAMONA EXPWY
TELEPHOAE LEASE PURCHASE
JANITORlAL SUPPLIES~ALL DEPTS^
CHAHGE �XTENSIUN�A�M^ OFFICES
CELLUL��� PHDNES
WARRAHTY COVERAGE
RENT��L �ADIO PAGERS
TREES^^S��RENA DR,
W�TER SXPPLIEZ.`
AM{Xli �
475~O0
104`53
3^9O0^0O
820^00
5O^63
5^39
2223^17
1'155^85
925^07
133^20
1^565^25
40O^08
3,el) 8O~el, 5
3/446^15
168^73
15^25
66^34
700^43
183^00
898^O7
127^0O
71.O0
339~80
2�239,
2500^0��
154.99
10' 282^38
566+59
1,114.4O
23C),787~00
109~D0
38+117~O0
36~49
1/8O3.75
254~96
5OO^00
2,404^13
3,451~50
24^95
61O^72
43+94
35^OO
1,635^0O
613^54
4O3^12
1O5^0O
1^i51^13
2'241^6O
186
4O5���
GLCD12
�
Y OF SA� jACINTO �
REGISTE� DF A��ITED DEMANDS PA8E 3
29890
29891
29892
29893
29894
29895
29896
29897
29898
29899
299OO
29901
299O2
29903
29904
299O5
299O6
29907
299O8
299O9
29910
29911
2
2`y14
UNITED CALIFORHIA ��#K A/C 2D139S DATE 9/15/92
ISSUED TU
PRESS~ENTERPRISE
RAMONA BUSINESS MACHl�E
RIVERSIDE COUNTY
JENNIFER ROYSTER
";AN. JACINTO ELECT�IC
SAN JACINTO MUSEUM ASSC
BONNIE SEARLES
SHARP BUILDING SUPPLY
SO^ CALIFORNIA EDISON
5O^ CALIFORNIA GAS CO.
SOLANO PRESS
STEVE'S AUTO PARTS
SRADLIN8^YOCCA^CARLSON
TAC EXTERMINATORS
BARBARA THOMAS
BILL TIBBETT�l
UC REGENTS
UNION BANi<
VALLEY RESOURCE
VALLEY TEEN FQUNDATIO�
VAN WATER & ROGERS, I��
CARL WARREN & C.
WASTE MANAGEMENT
WESTERN TECHNOLOGIE6
XEROX CORPORATION
DESCRIPTIQN
AMOUITT
LEGAL AD0ERTISING 76^8O
REP�IR TYPEWRITER~F^D^ 106^13
REI�B~SENIOR HOME REPAIR 35S^95
SCHODL~P^D^/P8ST REIMB^ 15^25
EL433^51
Q�ARTE�LY CURATOR SE�VICES 1^475^0O
DISPAT�HER CQURSE-POST REIMB^ 61^25
BUILDI#C SUPPLIES 1~882^04
UTILITI[S 27,491^94
UTILITIES 119^61
92 SUP�LEMENT PUBLICATIO� 1O~00
\�EHICL[ PARTS 338^15
REDEVL�^ CONSULTANTS ATTDRNEY� 656^7O
SP�AYI�� AT BLDG^ & PLNG^ 67^50
SCHGOL~�UBLIC RECORD/POST 293^O0
CARBUR[TOR OVERHAUL-F^D^ 357^11
IHSPECTION PRACTICE~MEL OCHDA 80,00
BEA�MO�T CONCR�TE REIMB^ 79^20
L�W� M�INTENANCE
SR. IFFITI REMOVAL 2,381"88
PGTASSIUM`WATE� 231^12
LEGHALOSKI 154,20
PORTA POTTYPARKS 49^78
SOILS TESTING~{SPLANADE 3�102^OO
COPIER MAINT[HANCE 913^96
FINAL TOTAL l'O34339^05
FUND 10
FUND 14
FUND 20
FUND 21
FUND 22
FUND 23
FUND 24
FUND 25
FUND 32
FUND 37
FUND 38
FUND 39
FUND 40
FUND 43
FUND 47
FUND 50
FUND 65
FUND 66
FUND 67
FUND 92
FUND 96
FUND 99
TOTAL
REGISTER OF AUDITED DEMANDS
September 15, 1992
31719.98
20893.72
105355.20
5465.25
188263.38
1635.00
900.44
20563.28
405.50
898.07
1327.07
30200.00
3298.85
544213.28
28154.04
39874.88
7112.63
9.56
470.87
656.70
2562.40
358.95
$1,034,339.05
Tr OMAS tit. COX
4 x...ES A. c0X
5FVERLY M. TAMPER
September 3, 1992
City of San Jacinto
201 East Main Street
San Jacinto,CA 92583
Re:
COX. COX & CAMPER
A .4.OFE55IGNAL CORPORATION
ATTORNEYS AT LAW
805 EAST FLORIDA A`eENUE
HEMET, CALiFCRNIA 92543
Claim of Western Landscape Construction
Claim dated 8/12/92
Claim Received S/17/92
5 6
-ELE?HONE
4..R EA CODE 714
652-1400
r AX 7141 652-3990
I have reviewed the claim presented to the City by attorney Robertson
for Western Landscape Construction. I have previously discussed
this matter with the JPIA and it was agreed that I would be making
the recommendation for action to the City Council.
It is my opinion that a portion of the claim is filed untimely.
Normally, untimely claims are returned to the claimant without action.
As part of the claim appears to be timely, I have written to the
claimant's attorney advising that it would be my recommendation to
reject the claim in its entirety, reserving the City's objection
as to timeliness. I feel that this is appropriate so as to commence
the limitations period for both claims without confusion.
RECOMMENDATION: Reject the Claim of Western Landscape Construction
in its entirety and on its merits and as to timeliness of that part of
the claim stated in paragraph C.(a), and specifically reserving the
City's onjections as to timeliness. ���
STAFF REPORT
DATE: September 15, 1992
TO: Mayor and City Council
FROM: Dave Anderson, Assistant to the City Manager
via Pamela S. Easter, City Manager
SUBJECT: PUBLIC HEARING FOR SOURCE REDUCTION AND RECYCLING
ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT
RECOMMENDATION:
1) That the City Council set the public hearing on the Preliminary Source
Reduction and Recycling Element and Preliminary Household Hazardous Waste
Element for November 17, 1992.
2) That City Council direct the City Clerk to publish the attached Notice of Public
Hearing in the appropriate publications, with at least 45 day notice given prior to
the date set for the public hearing.
BACKGROUND:
In compliance with the California Integrated Waste Management Act of 1989 (AB939),
the City must hold a public hearing to review the Preliminary Source Reduction and
Recycling Element (SRRE) and Preliminary Household Hazardous Waste Element
(HHWE). The purpose of the public hearing is to provide for public comment and
input to these documents. These documents have been prepared by the City staff
and the City's consultant, Kleinfelder, and have been reviewed by the County of
Riverside Local Task Force for compliance with the regulations of AB939.
FISCAL IMPACT:
To be determined
NOTICE OF PUBLIC HEARING
In compliance with the State of California Integrated Waste Management Act of 1989, the
City of San Jacinto is holding a public hearing to take comments from the public on the City
of San Jacinto Preliminary Source Reduction and Recycling Element, Preliminary Household
Hazardous Waste Element, and a proposed Negative Declaration, on Tuesday, November 17,
1992, at 7:30 P.M., in the Council Chambers located at the Community Center, 625 South
Pico, San Jacinto, California.
These documents will be available for public review beginning September 15, 1992, at the
City Clerk's Office of City Hall, 312 East Main, San Jacinto, California. These draft elements
will define the City's programs necessary to meet the recycling requirements of the current
State law through the year 2000.
STAFF REPORT
TO: Honorable mayor and Members of the City Council
FROM: Les Evans
DATE: September 15, 1992
SUBJECT: CHANGE ORDER - RAMONA EXPRESSWAY REHABILITATION
RECOMMENDATION
Approve a change order in the amount of $10,500 for the widening of
Ramona Expressway at Chase and Potter Roads for the installation of
left turn lanes.
FISCAL IMPACT
On June 16, 1992, the City Council awarded a contract to Matich
Corporation for the Rehabilitation of Ramona Expressway. The bid
amount was $258,155 of which the State provided approximately
$78,000. The other $180,000 were Article 8 (LTF) funds. Adequate
funds remain from these sources to fund the change order.
BACKGROUND ANALYSIS
Ramona Expressway is a high speed arterial and presently no left
turn pockets exist at Potter Road and Chase Road. Since Matich
Construction is still under contract to the City and funds are
available, it would be advantageous to the City to widen Ramona
Expressway slightly to accommodate turn pockets at these locations.
a:les#3RamExpRehab
STAFF REPORT
TO: Mayor and City Council
FROM: David Anderson, Asst. to the City Manager
Anna A. Vega, Finance Director
SUBJ: Memoranda of Understanding (MOU) with
Employee Associations
DATE: September 15, 1992
RECOMMENDATION
-9. IA1,3
Staff recommends acceptance of the following employee Association
Memoranda of Understanding retroactive to July 2, 1992, and
authorize the City Manager and Chief Negotiators to sign said
memoranda and Resolution on behalf of the City of San Jacinto. The
memoranda are as follows:
Miscellaneous (P.E.R.C.) Association
Firefighters Association
Management/Confidential Resolution
BACKGROUND
Richard Kriesler and Jim Cox served as Chief Negotiators on behalf
of the City. After various meetings with all the Associations,
agreements were reached with each Association. Negotiations with
the Police Officers Association have not been concluded as of
friday September 11, 1992. Police Association's MOU will be
considered at a later date. A copy of the signed Memoranda for
miscellaneous, firefighter and a copy of the
management/confidential resolution are attached for your review.
City Council approval of these agreements and resolution is
requested at this time.
SUMMARY
All agreements are for a two year term. There is no provision for
a cost of living adjustment. Medical benefits were increased to
offset rising premiums.
Last year's employees M.O.U.'s called for a compensation and
classification study to be conducted. The study was completed this
year for all non -management employees. The study indicated that
fire and police salaries were among the lowest of these Cities
surveyed. The objective of this study is to bring city employee
salary ranges in line with comparable cities to facilitate
recruitment and retention. The study will be phased in over the
next several years to minimize cost to the City. The study results
have been incorporated into the Fire, Police, Miscellaneous and
Confidential employees MOU's. All other management employees have
been excluded.
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL FOR THE
CITY OF SAN JACINTO ACCEPTING SURRENDER OF THE
JONES INTERCABLE CABTF TELEVISION FRANCHISE.
RECITALS
WHEREAS, on March 7, 1989, by Resolution No. 1813, the
City of San Jacinto offered a cable television franchise to Jones
Intercable of San Diego, Inc., ("Jones") on such terms as were
listed in City's Ordinance No. 788 and in Jones' letters of
application dated October 18, 1988, November 17, 1988 and December
1, 1988; and
WHEREAS, said franchise was accepted by Jones on May 24,
1989, and the obligations of Jones under the contract were secured
by Contract Bond No. BCZ1773715 issued on November 3, 1988 by the
Massachusetts Bay Insurance Company; and
WHEREAS, pursuant to said franchise, and to the present
date, Jones, has installed lines and equipment, and has provided
cable television services, within the City of San Jacinto; and
WHEREAS, Jones now desires to cease business in the City
of San Jacinto, transfer ownership of its equipment to Inland
Valley Cablevision, and to surrender its franchise agreement with
the City of San Jacinto; and
WHEREAS, Jones' intended transferee, Inland Valley
Cablevision, is also currently franchised to provide cable
television services within the City of San Jacinto.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. Effective upon the transfer of all equipment
comprising the San Jacinto Cable Television System of Jones to
Inland Valley Cablevision and the satisfaction of the conditions
stated below in Paragraph 2, the City of San Jacinto does hereby
agree to accept surrender, by Jones, of that certain franchise
agreement referenced in the Recitals, above.
2. The City of San Jacinto does further agree to
release that certain Contract Bond issued by the Massachusetts Bay
Insurance Company on November 3, 1988 as Bond No. BCZ1773715,
contingent upon completion of all of the following:
(a) Delivery by Jones to City of the equipment listed in
the attached Exhibit "A" in satisfaction of the equipment
purchase provisions of the franchise as stated in Jones'
correspondence dated November 17, 1988;
(b) Payment by Jones to City of all franchise fees due
to City as of the effective date of transfer of the Cable
Television System to Inland Valley Cablevision;
(c) Removal of all equipment and facilities not
transferred or not accepted by Inland Valley Cablevision
and located on land within the City limits of the City of
San Jacinto; and
(d) Receipt by City of Inland Valley Cablevision's
writing, directed to the City of San Jacinto,
acknowledging receipt of the Cable Television System from
Jones, and acknowledging Inland Valley Cablevision's
obligations to continue service uninterrupted to the
customers subscribed to such Cable Television System
pursuant to the terms and obligations of Inland Valley
Cablevision's own franchise agreement with the City of
San Jacinto.
3. Effective upon the surrender of the franchise
agreement by Jones, the City of San Jacinto does hereby release
Jones, its affiliates, employees, agents and officers and directors
from Jones' obligations under the franchise agreement, other than
the obligations of Jones described in Paragraph 2, above. Other
than the release provided directly above, nothing stated herein
shall be construed to release Jones from City's right to indemnity,
or for any other liability of Jones, for acts or failures to act,
occurrences, and/or for the negligence of Jones Intercable of San
Diego whether occurring before, on or after the date of transfer to
Inland Valley Cablevision.
MOVED, PASSED AND ADOPTED at a regular meeting of the
City Council on the 15th day of September 1992 by the following
vote:
AYES:
NOES:
ABSENT:
ATTEST:
Deputy City Clerk
-2-
MAYOR
2 Panasonic AG460U
2 Panasonic AG1960
2 Panasonic CT1382VY
1 Panasonic WJMX12
1 Future Video EC1000PRO
2 Bogen 3140
2 Samson SAWMST144
1 Winsted E4950
1 Panasonic WJKB15
SVHS CAMCORDER
SVHS RECORDER
13" MONITOR RECEIVER
DIGITAL A/V MIXER
EDIT CONTROLLER
TRIPOD/HEAD
MICRO RECEIVER SYSTEM
WINSTED EDITING CONSOLE
CHARACTER GENERATOR
EXHIBIT "A"
TO:
FROM:
DATE:
SUBJECT:
STAFF REPORT
Honorable Mayor and Members of the City Council
Brian McNabb, Director of Community Development
via Pamela S. Easter, City Manager
September 15, 1992
ita
ADOPTION OF ORDINANCE 962, RELA1ED TO DEVELOPMENT
AGREEMENT 1-89. AMENDMENT NO. 1
RECOMMENDATION
Staff recommends that the City Council Adopt Ordinance No. 962, waive the reading of the
ordinance in full and read by title only.
BACKGROUND
On September 1, 1992, the City Council introduced Ordinance No. 962 which approved
Development Agreement 1-89, Amendment 1, related to Peacock Radakers' Rancho San
Jacinto Phase II.
Timothy M. HuIts
Senior Planner
Approved By:
Brian McNabb
Director of Community Development
ORDINANCE NO. 962
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO AMENDING DEVELOPMENT
AGREEMENT 1-89 MADE BETWEEN THE CITY AND PR
EQUITIES, Lill, DATED SEPTEMBER 19, 1989, AND
RECORDED ON NOVEMBER 30, 1989 AND
AUTHORIZING THE EXECUTION OF THE
AMENDMENT TO THE DEVELOPMENT AGREEMENT
A 1'1 ACHED HERETO AS EXHIBIT "A"
WHEREAS, on September 19, 1989, the City Council adopted Ordinance No. 873,
approving Development Agreement 1-89, affecting real property known as the Rancho San
Jacinto Specific Plan; and
WHEREAS, the parties of the agreement now desire to amend Development
Agreement 1-89 to provide for certain minimum floor and average minimum tloor areas per
dwellings within the remaining 220 acres of Phase II of the Rancho San Jacinto Specific
Plan; and
WHEREAS, on August 12, 1992, the Planning Commission, after proper notice held
a public hearing on the request to amend Development Agreement 1-89. The City Council,
after providing public notice as prescribed by law, similarly held a public hearing on
September 1, 1992; and
WHEREAS, pursuant to paragraph 4.5 of Development Agreement 1-89, changes
and amendments may be made to the Development Agreement when said changes are
found to be appropriate and mutually desirable.
NOW THEREFORE, THE CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
SECI'ION 1. Sections 65864 - 65869.5 of the Government Code of the State of
California permits the City to enter into a Development Agreement with a property owner.
SECTION 2. Ordinance No. 831 of the City established the rules and procedures for
the consideration of Development Agreements.
SECTION 3. The City Council does hereby approve the amendment to Development
Agreement 1-89 attached hereto and incorporated as a part hereof as Exhibit "A".
1
SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and cause
the same to be published in a newspaper of general circulation printed and published in the
County of Riverside, State of California.
Introduced at a regular meeting of said City Council on the day of , 1992.
MOVED, PASSED AND ADOPTED at a regular meeting of the City Council on the
day of , 1992 by the following vote:
AYES:
NOES:
ABSENT:
Al"EST
Mayor Deputy City Clerk
CERTIFICA'1
STAVE OF CALIFORNIA,
COUNTY OF RIVERSIDE,
CITY OF SAN JACINTO,
1 hereby certify that the foregoing is a true copy of Ordinance No. duly adopted
by the City Council of the City of San Jacinto at a regular meeting thereof held the day of
, 1992.
City Clerk
TRACT
24050
24051
24052
24053
24054
24055
26426
24056
24057
26427
ADDENDUM 1992-1 TO EXHIBIT "A"
"EXISTING DEVELOPMENTAL APPROVALS"
RANCHO SAN JACINTO
PHASE II DEVELOPMENT PLAN
LOT SIZE
TOTAL LOTS % OF TOTAL
5000 83
5000 64
6000 117
SUBTOTAL 264
7200 84
6000 124
7200 47
7200 73
SUBTOTAL 328
7200 103
7200 92
7200 92
SUBTOTAL 287
GRAND TOTAL 879
Min. 1231 S.F.
Avg. 1400 S.F.
330
Min. 1360 S.F.
Avg. 1600 S.F.
37%
Min. 1500 S.F.
Avg. 1750 S.F.
33%
ADDENDUM 1992-2 TO EXHIBIT "A"
"EXISTING DEVELOPMENTAL APPROVALS"
PHASE II RANCHO SAN JACINTO
DEVELOPMENT PLAN
Tentative tract maps #24050, 24051, 24052
Minimum dwelling size 1,231 sq. ft.
Average size dwelling size 1,400 sq. ft.
Tentative tract maps #24053, 24054, 24055, 26426
Minimum dwelling size 1,360 sq. ft.
Average size dwelling size 1,600 sq. ft.
Tentative tract maps #24056, 24057, 26427
Minimum dwelling size 1,500 sq. ft.
Average size dwelling size 1,750 sq. ft.
NOTE: The Ultimate average dwelling unit size should
be no less than 95% of the model average for
the related tract to allow for changes in the
mix brought on by market pressures.
DATE:
STAFF
September 15. 1992
REPORT
TO: Mayor and City Council
FROM: Pamela l.. Lee, Deputy City Clerk
SUBJECT: Declaration of Vacancies - Planning Commission
RECOMMENDATION: Declare vacancies on the Planning Commission and direct the City
Clerk to advertise the positions in accordance with the City policies and the Maddy Act, and
direct staff to schedule a special meeting October 13, 1992, for interviewing the applicants.
BACKGROUND: The appointed term of office for Commissioner Taylor will expire
October 31, 1992 and Commissioner Iacono has indicated her intent to resign al the end of
October, 1992. Ms. lacono's term of office will expire October 31, 1994 (sec letter
attached).
It is the intent of staff, in keeping with the City Council policy on appointments, and the
state law, to advertise the vacancies in the newspapers in the form of a press release and
posting notices at City offices. In addition. a written invitation and application will be sent
to Mr. Taylor, so he may apply for reappointment. The deadline for applications to be
turned in will he September 30, 1992. Staff will then schedule the individuals for interviews
at a special meeting October 13th.
A copy of the Notice and application are attached for your information.
M E R I T
First American Title Insurance Company
3625 FOURTEENTH STREET, (P.O. BOX 988) RIVERSIDE, CALIFORNIA 92502-0986 • (714) 684-1600
July 15, 1992
To: Brian McNabb and
San Jacinto City Council Memebers
From: Yvonne Iacono
Re: Resignation of Appointment
Lear Mr. McNabb,
This is to inform you that due to a change in my employment
with First American Title, the issue of conflict of interest
has arisen.
First American has a direct interest in many ongoing
subdivisions in the City and also in up -coming projects.
Although I am not directly associated with their subdivision
department and do not receive compensation for subdivision
closings, myself and First American Title feel that I could be
placed in an awkward position in the decision making process.
With great regret I am resigning from my position as Planning
Commissioner. I have enjoyed the experience and felt very
honored to be associated with the City of San Jacinto.
I hope that in the future I will be able to join you again in
the planning process. Thank you for the opportunity
Sincerely,
Yvonne Iacono
Business Development
YI:th
PRESS RELEASE
NOTICE OF VACANCY
NOTICE OF THE CITY COUNCIL
OF THE CITY OF SAN JACINTO, CALIFORNIA,
REGARDING VACANCIES ON THE PLANNING COMMISSION
The City of San Jacinto Planning Commission has two vacancies,
one full term office expiring October 31, 1996, and one short term
office to fill the unepired term ending October 31, 1994. The
Commission meets monthly on Wednesday evenings for the
consideration of issues pertaining to land use issues. The
appointees serve at the pleasure of the City Council and make
recommendations to the Council for final action. All appointees
receive compensation for their participation. it is anticipated
that the Council will interview each applicant and make
appointments at a Special Meeting on October 13, 1992.
Those wishing to be considered for this community service
should obtain an application packet from the City Clerk and return
the completed application to the City Clerk prior to the close of
business Wednesday, September 30, 1992. Post marks will not count
in meeting the application deadline. Application packets can be
obtained at City Hall, 312 East Main Street, San Jacinto,
California, during normal business hours 8:00 A.M. to 5:00 P.M.,
Monday through Friday.
Dated: September 16, 1992 Maurice Armster, City Clerk
Pamela L. Lee, CMC
Deputy City Clerk
312 East Main Street
City of San Jacinto
PLANNING COMMISSION
Application
San Jacinto, California 92583
I Page 1
(714) 654-7337
Please type or print legibly.
Name:
Address:
Telephone
Numbers:
How long have you lived in the City of San Jacinto?
HoME:
Work:
Please attach additional sheets if needed to answer the following questions
Why are You interested in being on the City's Planning Commission?
What do YOU think the Planning Commission can contribute to the future
of the City of San Jacinto?
Please answer the questions on page 2 of the Application
I City of San Jacinto Application - Page 2
PLANNING COMMISSION
Why should the City Council select You to serve on the Planning
Commission?
What education do you have which would be beneficial for the Planning Commission?
What experience do you have which would be beneficial for the Planning
Commission?
What expertise do you have which would be beneficial for the Planning
Commission?
What other qualities do you have which would be beneficial for the Planning
Commission?
How much time can you commit to the Planning Commission per month?
Signature of applicant: Date:
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Les Evans
DATE: September 15, 1992
SUBJECT: AGREEMENT FOR LANDSCAPE ARCHITECT SERVICES
RECOMMENDATION
Approve the Consultant Services Agreement with Todd Bagley,
Landscape Architect, and authorize the Mayor to execute the
Agreement.
FISCAL IMPACT
The recommended contract amount is $7,500 which will be funded
through Park and Landscape Maintenance fees.
BACKGROUND AND ANALYSIS
Over the past year it has become increasingly evident that the City
needs specialized advice from a landscape architect. Plan checking
of developer prepared landscape plans and irrigation system is
needed prior to City approval. Advice on landscape maintenance,
rehabilitation of trees, turf and foliage, and irrigation and
fertilization schedules could both enhance our growing landscape
areas as well as save on the cost of replacing dead plant
materials.
In addition, the City is preparing Park Master Plans for which
specialized advice would be desirable.
Todd Bagley is a licensed landscape architect, formerly with the
Firm RHA, who lives in San Jacinto and is familiar with our
landscape areas.
ales#3bagley
CONSULTANT SERVICES
AGREEMENT
This AGREEMENT, made and entered into this of by
and between the City of San Jacinto (hereinafter "City" ), and Todd
Bagley, Landscape Architect (hereinafter ("Consultant")
WITNESSETH:
The parties hereto do agree as follows:
(1) RECITALS This Agreement is made and entered into with respect
to the following facts:
a. That the City is desirous of obtaining landscape
architectural services
b. That the City has heretofore determined that the
Consultant is qualified to perform the work necessary to
provide such work in the time and manner set forth
hereinafter; and
c. That Consultant has agreed to perform the services
required pursuant to this Agreement in the time and
manner hereinafter set forth; and
d. That the legislative body of the City has heretofore
determined that the public interest, convenience, and
necessity require the execution of this Agreement.
(2) SERVICES The services to be performed by the Consultant shall
be done in accordance with the Consultant's proposal dated
August 12, 1992 (copy attached, marked Exhibit "A") and made
a part of this Agreement.
COMPENSATION City agrees to pay Consultant for work described
in Exhibit "A" not to exceed Seven Thousand Five Hundred
Dollars ($7,500) invoiced monthly for work completed to date.
TERM All services to be performed by the Consultant as
described herein, and based upon a mutually acceptable revised
"time frame for work."
TERMINATION Except as noted below, either party hereto may
terminate this Agreement upon the giving of ten (10) days
written notice to the other party, and upon such
termination, Consultant shall be entitled to pro-rata fee,
based on work accepted by the City and actually accomplished
by him as of the date of the giving of notice of such
determination. The contract term shall not exceed one (1)
year from the date of this Agreement.
Page Two
(6) OBLIGATIONS OF THE CITY City shall be obligated to supply
Consultant with all records, files and reports relating
to thesubject work and shall make available members of
its staff for consultation with Consultant as directed by
the City Manager.
(7)
LIABILITY Consultant shall indemnify and save harmless the
City of San Jacinto and its respective officers and
employees, from and against any and all damages to
property or injuries to or death of any person or
persons, including property and employees of the City and
shall indemnify and save harmless City, its officers and
employees, for any kind or nature including, but limited
to, worker's compensation claims resulting from or
arising out of the negligent acts or intentional tortious
acts, errors or omissions of Consultant, its employment
or subcontractors, whether or not said claim, demand or
suit alleges the joint negligence of Consultant and City,
excepting only those claims, demands or suits which are
the result of the negligence or intentional acts of the
City, its employees or officers.
NOTICE Notices pursuant to this Agreement shall be given by United
States Mail, postage prepaid, addressed to the parties as
follows:
a. To City: City Manager
b. To Consultant: Project Principal
IN WITNESS WHEREOF, the parties hereto cause this Agreement to
be executed on the day and year first written above.
CITY OF SAN JACINTO
By:
Mayor
ATTEST:
City Clerk
APPROVED:
City Attorney
andscape Architect
TODD BAGLEY LANDSCAPE ARCHITECT
PROPOSAL/AG
FOR
LANDSCAPE ARCHITECTURAL CONSULTATION SERVICES
1121
CLIENT DATE PREPARED:
City of San Jacinto
Attn: Les Evans, Interim Director
Public Works Department
August 12, 1992
PROPOSAL PURPOSES
This proposal will define and outline landscape architectural consultation services for the periodic
on -site field review and evaluation of existing City public parks, municipal building landscaping and
streetscapes. Subsequent to field review, a written report including findings and recommendations
will be submitted to the Public Works Director. When requested, review landscape drawings
submittals for correct horticultural practices, design quality and acceptable construction application
and provide redline plan comments and a written plan review summary.
FIELD REVIEW AND EVALUATION
• City parks/community buildings/facility structures: A monthly evaluation of existing landscape
turf, trees, shrubs, structures, hardscape/play fields and play equipment and irrigation systems
coverage and irrigation controller program will be conducted.
• City maintained streetscapes (Median Islands/Parkways) and Pathway/Trails: A quarterly
review of City maintained landscaped parkways, medians, pedestrian pathways, bike paths
and equestrian pathways would be inclusive of irrigation systems coverage and irrigation
controller program review will be conducted.
Presentation of field review evaluations with recommended solutions will be in written report
format and submitted to the City within seven (7) working days of the field review.
1
1
ANCE UPDATE REVIEW MEETINGS
Prior to beginning regular landscape reviews, a consultation meeting will be held with the City
Manager, Public Works Director and the Landscape Architect consultant. Current concerns, ongoing
problems and maintenance goals and review criteria (see Attachment A). A review schedule for
streetscapes will be determined at this time. A monthly meeting will be held with the Public Works
Director and the Landscape Architect Consultant to discuss field evaluation reports and
recommendations. In addition, the City's project priorities, streetscape review schedules,
development of maintenance specifications, irrigation, fertilization and pruning schedules will be
discussed as necessary.
DEVELOPMENT OF MAINTENANCE SPECIFICATIONS
As project field evaluation and analysis progresses ongoing maintenance deficiencies and correct
procedures will be defined and noted. Maintenance specifications will be prepared and updated
quarterly and submitted to the Public Work Director for review.
PLAN REVIEW SERVICES
Landscape Architectural plan review of landscape planting, irrigation and construction drawing
document for compliance with City ordinances, standards and guidelines will be performed as
requested. Additionally, drawings will be reviewed for acceptable horticultural practices, proper
installation methodology, site design criteria compliance, public safety, design quality and drawing
thoroughness.
Evaluation comments would be prepared in addition to redline plan comments. Plans and comments
will be forwarded to the City Planning Department.
PRODUCT PRODUCED/PERFORMANCE TIMELINE
Field reviews will be performed in the first two (2) weeks of the month. A report summarizing field
review findings and recommendations will be submitted to the City at the conclusion of the monthly
field site review and by the end of the second week of each month. Upon request, clarification
drawings will be provided.
Plan reviews will be completed within two (2) weeks of receipt by the Landscape Architect. Product
returned to the City will be a redlined drawing print set and written comments summary.
USE OF SUBCONSULTANTS
In the event a special condition may require the use of subconsulting arborists, horticulturists, pest
management experts, soil testing, engineering or irrigation consultants, the Landscape Architect shall
recommend applicable services and subconsultants to the City for consideration. Subconsultant
arrangements will be considered for a one-time service contract addendum as approved by the City.
The Landscape Architect will direct the activities of the subconsultants.
FEE SCHEDULE
Field review fees: Fees for monthly field review services are based upon the Landscape
Architect's hourly work projections at an hourly rate of $60.00 per hour. Total monthly field
services shall not exceed 8 hours (two (2) one-half days [4 hours each] per month) or a total
monthly fee of $480.00. Field services requested beyond the 8 hour base will require
approval by both the City and the Landscape Architect prior to commencing services.
Plan Review Services: Plan Review Fees will be as follows:
Drawing Packages (2-5 sheets)
Drawing Packages (5-10 sheets)
Additional sheets of planting, irrigation,
construction or grading
Fee Outline:
(per sheet)
$ 120.00
200.00
35.00
Monthly Field Review Base Fee $ 480.00
Plan Review Fees Varied upon request
REIIABURSABLE EXPENSFS
Reimbursable expenses, inclusive of printing costs at the printer's cost, will be billed to the City as
incurred by the Landscape Architect. Printing charges will be billed proportional with the work
segment completed. Monthly reimbursable expenses shall not exceed $100.00 without prior City
approval. Vehicle mileage for monthly field reviews is included within the standard monthly fee and
will not be charged as a reimbursable expense.
PAYMENT SCHEDULE
The City will be billed monthly. Payment for the work completed to date is expected within thirty
(30) days of the invoice date.
LIMITATIONS OF LIABILITY
The Landscape Architect Consultant shall not be responsible for any hazardous, damaged or
inefficient existing conditions of play equipment, structures, irrigation systems, flat work, walls or
plant material. Incorrect or improper selection of plant materials, building materials or site
furnishings or negligent solutions by the original designer or subsequent designers shall not be the
responsibility of the consulting Landscape Architect. Where existing improper, incorrect, damaged,
inefficient or hazardous conditions exist, the Landscape Architect shall advise the City of such
conditions and provide solutions to correct existing problems.
OWNERSHIP OF DOCUMENTS
Original drawings retention will be maintained by the Landscape Architect. Prints or copies °If
original drawings or documents and reproducible copies of drawings o r documents are available upon
the client's request. The cost of printing will be billed to the City. Reproducible copies will be
labeled and noted as duplicates.
EXTENT OF SERVICES
Field evaluation services are proposed for City parks and community facilities and streetscapes,
presently existing at the time of this proposal.
TERMINATION OF SERVICES
In the event, the City determines to terminate the landscape architectural design services, prior to
the terms outlined, the City will be billed for all work completed to date. Copies of all documents
for the completed portion of work will be available upon payment.
4
CONCLUSIONS AND AG
Documents will be prepared by the Landscape Architect to meet all governing codes or
standards/site conditions and the City's direction. All drawings will be based upon the best available
site information and documents will be drawn at a standard scale for use in construction. Work will
be completed in a timely manner as outlined in this proposal. The Landscape Architect will provide
upon reasonable request any and all documents for the City's review.
The City will allow site access to the Landscape Architect gathering site information. When
available, the City will make available as -built drawings and maintenance schedules and procedures
for the Landscape Architect's reference.
Signature of this proposal agreement indicates authorization for the Landscape Architect to proceed
with all work as outlined.
To. Bayhitect/Owner Authorized City Representative
California
Landscape Architects are regulated by the California State Board of Landscape Architects. Any
questions concerning a Landscape Architect may be referred to the board at:
Board of Landscape Architects
400 R Street, Suite 4020
Sacramento, CA 95814
(916) 445-4954
5
ATTA
City of San Jacinto
Field Evaluation Criteria
Irrigation Systems:
• Damaged or Broken Heads
• Broken Lines or Leaks
• Controller Schedule:
I lel
• Watering Days Per Week
• Average Length of Watering Time
• Irrigation Head Coverage
NOTES:
Planting Criteria:
Turf:
• Tree Health: • Good • Fair • Poor
• Shrub Health: • Good • Fair • Poor
• Groundcover/Annual Color: • Good • Fair • Poor
• Staking:
NOTES:
• Brown Spots:
• Dead Patches:
• Coverage:
• Insect Infestation:
• Disease Problems:
NO hS:
6
ATTACHMENT A (cont)
City of San Jacinto
Field Evaluation Criteria
Maintenance:
• Mowing:
• Weeding:
• Pruning:
• Fertilization:
NOTES:
Plav Areas:
• Fall Material:
• Equipment Conditions:
• Repairs Recommended or Required:
• State Code Compliance:
NO IES:
Structures:
• Condition:
• Repairs Recommended or Required:
NOTES:
Walls:
• Condition:
• Repairs Recommended or Required:
NO I hS:
CONTRACT PROPOSAIJAG
CLIENT:
City of San Jacinto
Attn: Les Evans, Interim Director
Public Works Department
SCOPE OF WORK
' 10
ADDENDUM
CONTRACT DATE:
ADDENDUM NO.:
PROJECT: City of San Jacinto
Field Services
Additional work to that which is outlined in the original agreement would be as follows:
• Conduct an in depth site analysis evaluation of Mistletoe Park. Specifically review play
equipment, structures, picnic facilities, restroom facilities, trees, shrubs, turf and hardscape
and provide written findings and recommendations and if illustrations if necessary.
• All work would be completed in compliance with the original contract agreement.
• Proposed additional work is estimated at $1600.00. Payment of additional work will be
required as outlined in the original proposaUagreement.
Signature of this addendum agreement indicates authorization for the Landscape Architect to
proceed with all work as outlined.
To, d Bag ey, La
California n No. 3 50
chitect/Owner
Authorized City Representative
Date
Landscape Architects are regulated by the California State Board of Landscape Architects. Any
questions concerning a Landscape Architect may be referred to the board at:
Board of Landscape Architects
400 R Street, Suite 4020
Sacramento, CA 95814
(916) 445-4954
8
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Dave Anderson, Assistant to the City Manager
Via Pamela S. Easter, City Manager
DATE: September 15, 1992
SUBJECT: JOB DESCRIPTIONS FOR CLERICAL POSITIONS
RECOMMENDATION Approve the job descriptions for the positions of Receptionist,
Administrative Clerk I, Administrative Clerk II, Administrative Secretary I, Administrative
Secretary II, Deputy City Clerk, and Executive Secretary to the City Manager.
BACKGROUND Please review and consider for approval the job descriptions of
Receptionist, Administrative Clerk I, Administrative Clerk II,Administrative Secretary I,
Administrative Secretary II, Deputy City Clerk and Executive Secretary to the City Manager.
During the past few years the clerical career ladder has developed in an inconsistent manner.
Each incumbent has been given a separate title and job description for their individual job.
To correct this, new job titles and job descriptions were developed to form job classes and a
consistent career ladder:
PROPOSED TITLE AND SALARY
Receptionist M27 $1304-1589
Administrative Clerk I M33 $1513-1843
Administrative Clerk II M39 $1754--2137
Administrative Secretary I C34 $1847-2247
Administrative Secretary II C40 $2138-2605
Deputy City Clerk C42 $2247-2737
Executive Secretary to City Manager C44 $2360-2876
These new job titles have consolidated some of the more specific job titles into broader more
general titles and classifications. The position of Receptionist will remain unchanged and be
filled by two part-time employees who are paid hourly. The position of Clerk Typist I is
being reclassified to Administrative Clerk I, there are no incumbents in this classification.
The Clerk Typist II positions through out the City are all being reclassified to Administrative
Clerks II. The Secretary in the Fire Department and the Secretary I in the Police Department
are both being reclassified to Administrative Secretary I. The Administrative Secretary in the
Police Department and the Planning Secretary are both being reclassified to Administrative
Secretary II. The position of Deputy City Clerk/Senior Administrative Secretary is being
retitled to Deputy City Clerk. The Secretary to the City Manager will be retitled Executive
Secretary to the City Manager.
To minimize cost, these reclassifications are accomplished by positioning incumbents into the
range and step nearest to their existing salary. In many cases where the employee was a step
5, it allows some room for salary growth in future years.
PERC Meet and Confer approval FoLm:
PERC has read and reviewed and approved the followina Job
Descriptions for the positions of Administrative Clerk I and
Administrative Clerk II.
City Negotiator
City Negotiator
CITY OF SAN JACINTO JOB DESCRIPTION
PERSONNEL DEPARTMENT
RECEPTIONIST
JOB SUMMARY
Under general supervision, operates a central telephone system and receives City calls; provides general
information and/or routes calls to the appropriate City department; receives and directs visitors, or provides
routine assistance; performs a variety of routine clerical tasks; assists the cashier in receiving payments
for utility bills; and performs related duties as required.
REPRESENTATIVE DUTIES
Answers incoming telephone lines, directs calls to the appropriate office or person.
Takes and transmits messages for various departments or persons.
Receives public requests for information and complaints both over the phone and in person; personally
respond to and/or refer complaints /inquiries to the appropriate department.
Receives visitors and directs them to the proper City department.
Performs a variety of general clerical tasks, such as filing, stuffing envelopes and/or addressing envelopes.
Assists in mail delivery operations by opening, sorting, and distributive mail to appropriate departments.
Gives and receives forms and applications.
Types and distributes Purchase Orders.
Operates a variety of office machines.
Assists cashier in receiving utility payments.
KNOWLEDGE, SKILLS, AND ABILITIES
Knowledge of:
Telephone etiquette.
Modern office methods and procedures.
Ability to:
Work independently.
Operate a variety of office equipment including, but not limited to: telephone switchboard, typewriter and
computer,
Communicate effectively.
Follow oral and written instructions.
Receive the public in person and over the phone in situations requiring diplomacy and tact.
Establish and maintain cooperative working relationships with the public and co-workers.
Act effectively under stressful or emergency situations.
Type at 30 wpm.
Make simple arithmetic calculations.
QUALIFICATIONS
Education
High school diploma or equivalent
Experience
Six months experience dealing with the public.
CITY OF SAN JACINTO JOB DESCRIPTION
PERSONNEL DEPARTMENT
ADMINIS I'RATIVE CLERK I
JOB SUMMARY
Under general supervision to perform varied and responsible typing and clerical work, including
providing accurate information and assistance to the public and to perform related duties as assigned.
REPRESENTATIVE DUTIES
Type various letters, memoranda, reports, and other written material as required.
Maintain a variety of files and records.
Reproduce material on photocopying machine.
May act as receptionist for the department.
May open, sort, and distribute incoming and outgoing correspondence.
May operate a variety of office machines, including electric typewriter, adding machine, telephone,
and copier.
May maintain and order department supplies.
KNOWLEDGE, SKILLS, AND ABILITIES
Knowledge of:
Telephone etiquette
English usage, spelling, grammar, and punctuation.
Modern office methods and equipment.
Simple recordkeeping methods and procedures.
Learn organization and procedures of the City department to which assigned
Ability to:
Operate a variety of office equipment including a computer.
Communicate effectively.
Follow oral and written instructions.
Establish and maintain cooperative working relationships with the public and with co-workers.
Receive the public in person and over the phone using tact and diplomacy.
Type 30 wpm.
Make arithmetic calculations.
QUALIFICATIONS
Education
High school diploma or equivalent including or supplemented by courses in business practices.
Experience
Six months of general clerical experience.
CITY OF SAN JACINTO JOB DESCRIPTION
PERSONNEL DEPARTMENT
ADMINIS 1 RATIVE CLERK II
JOB SUMMARY
Under general supervision to perform varied and responsible typing, clerical, and para-technical, work,
including providing accurate information to the public regarding City policies and procedures and
assisting the public in filling out required forms or permits and to perform related duties as assigned.
REPRESENTATIVE DUTIES
Issue, receive, type, and process various applications pennits, complaints or other requests for service.
Compile, coordinate, type, and issue reports, correspondence, memoranda, and forms. May compose
routine correspondence.
May act as receptionist for the department.
May open, sort, and distribute incoming and outgoing correspondence. Type technical narratives,
reports, charts, and tables.
May transcribe text from a dictating machine or a tape recorder.
May operate a variety of office machines, including electric typewriter, adding machine, dictaphone,
telephone, and copier.
Perform minor bookkeeping tasks and maintain records of various funds and expenditures.
Maintain and order department supplies.
Maintain a variety of files and records.
KNOWLEDGE, SKILLS, AND ABILITIES
Knowledge of
Telephone etiquette
English usage, spelling, grammar, and punctuation.
Modern office methods and equipment.
Simple bookkeeping and recordkeeping methods and procedures.
Organization, procedures, and operating details of the City department to which assigned.
Ability to•
Work independently.
Operate a variety of office equipment including a computer.
Communicate effectively.
Follow oral and written instructions.
Establish and maintain cooperative working relationships with the public and with co-workers.
Receive the public in person and over the phone using tact and diplomacy.
Type 40 wpm.
Transcribe text from recording machine.
Apply and explain policies and procedures to the public.
Make arithmetic calculations.
QUALIFICATIONS
Education
High school diploma or equivalentnc uding or supplemented by courses in business practices.
Experience
One year of general clerical experience.
CITY OF SAN JACINTO JOB DESCRIPTION
PERSONNEL DEPARTMENT
ADMINISTRATIVE SECRETARY I
JOB SUMMARY
Under general supervision to perform a variety of responsible secretarial duties within an
organizational unit or department requiring a high degree of independent judgment and a thorough
knowledge of department procedures and policies and the ability to choose amone a limited number
of alternatives in performing a variety of assignments without instruction and in scheduling and
completing work.
REPRESENTATIVE DUTIES
Compile, coordinate, type and issue reports, correspondence, memoranda, and forms.
Interpret department policies, rules and regulations in response to inquiries and complaints and refer
to the appropriate person.
Compose routine correspondence and independently prepare correspondence.
Screen callers, visitors and mail.
Assist in the preparation of complaints, departmental reports by gathering and summarizing
information from a variety of sources.
Issue, receive, type and process various applications, permits and other fortes.
Initiate and maintain a variety of files and records for information such as payroll, attendance, budget,
production and cost records; maintain manuals and update resource materials.
May serve as secretary to a commission, preparing the agenda, assembling background materials,
taking and transcribing minutes of the meetings and performing related support services.
Take and transcribe dictation.
Operate office equipment.
KNOWLEDGE, SKILLS, AND ABILITIES
Knowledg,e of
Modern office methods, procedures and equipment and business letter writing.
English usage, spelling grammar and punctuation.
Bookkeeping and recordkeeping methods and procedures.
Organization, procedures and operating details of the City department assigned.
Ability to:
Work independently.
Operate a variety of office equipment.
Communicate effectively.
Follow oral and written instructions.
Establish and maintain cooperative working relationships with the public and co-workers.
Receive the public in person and over the phone in situations requiring tact and diplomacy.
Type 45 wpm.
Take dictation.
Interpret and apply administrative and departmental policies and rules.
Employ good judgement and make sound decisions in accordance with established procedures and
policies.
Analyze situations carefully and adopt effective courses of action.
Compile and maintain records and prepare reports.
QUALIFICATIONS
Education
High School diploma or equivalent including or supplemented by specialized courses in secretarial or
business practices.
Experience
Two years of increasingly complex clerical experience.
CITY OF SAN JACINTO JOB DESCRIPTION
PERSONNEL DEPARTMENT
ADMINIS 1'RATIVE SECRETARY II
JOB SUMMARY
Under general direction, Io perform responsible and confidential secretarial duties involving the use of
independent judgement and to assist the department head with a variety of administrative and clerical
duties including report writing and information requests and to perform related work as assigned.
REPRESENTATIVE DUTIES
Gather information and compose correspondence in reply to various requests, inquiries and
questionnaires on an independent basis.
Research, compile and analyze data for various reports.
Answer the telephone and screen calls, exercising independent judgment in giving out information and
referring to proper party.
Attend meetings, record minutes, and prepare them for distribution.
Assist in the preparation of agenda materials.
Prepare time sheets for payroll.
Maintain a filing and recall system.
Operate a variety of office equipment and order office supplies as necessary.
Supervise, train and evaluate assigned staff as may be required.
Transcribe written dictation or mechanical dictation for letters, reports, memoranda, meetings and other
related department functions.
KNOWLEDGE, SKILLS, AND ABILITIES
Knowledge of:
Modern office practices and procedures including business correspondence, tiling and standard office
equipment operation.
Correct English usage, spelling, grimmer, and punctuation.
Statistical and recordkeeping methods.
Basic functions and organization of municipal government.
Ability to:
Work independently.
Operate a variety of office equipment.
Communicate effectively.
Follow oraland written instructions.
Receive the public in person and over the phone in situations requiring diplomacy and tact.
Establish and maintain cooperative working relationships with the public and co-workers.
Type 50 wpm.
Take transcribable notes at meetings and conferences and prepare clear and concise reports.
Interpret and apply complicated or sensitive administrative policies and rules.
Employ good judgment and make sound decisions in accordance with established procedures and
policies.
Research and compile, and analyze data for various reports.
Analyze situations carefully and adopt effective courses of action.
QUALIFICATIONS
Education
High school diploma or equivalent including or supplemented by specialized courses in secretarial or
business training.
Experience
Three years of increasingly responsible secretarial experience.
CITY OF SAN JACINTO JOB DESCRIPTION
PERSONNEL DEPARTMENT
DEPUTY CITY CLERK
JOB SUMMARY
Under the direction of the Assistant to the City Manager and overall supervision of the City
Manager, to perform a variety of secretarial and paraprofessional activities in various
municipal government functions, including city clerk, personnel, claims administration, as well
as other general administrative and related duties as assigned.
REPRESENTATIVE DUTIES
Assist the elected City Clerk in preparing Council agendas.
Attend and take minutes of the City Council meetings.
Participate in the maintenance and safekeeping of all official
municipal documents.
Schedule public hearings before the City Council and oversee the preparation, publication, and
mailing of appropriate notices.
Coordinate the conduct of the bi-annual municipal election process as well as any special
elections.
Coordinate City Clerk activities with other City departments and outside agencies.
Coordinate certain special proceedings such as annexations, street vacations, abandoned
vehicles, and acquisition of property through powers of eminent domain; assure timely
notification of affected property owners, publication of documents and notices, and
notifications to appropriate governmental agencies following prescribed procedures to ensure
all legal requirements are met.
Work with the City Attorney in the acceptance, review, and processing of claims against the
City.
Assist in the preparation of personnel recruitment plans, job announcements, and advertising;
prepare a variety of correspondence informing applicants of recruitment status.
Assist in the review and evaluation of applications in determining minimum requirement
eligibility.
Administer examinations, including the opening and preparing of the testing facility,
distributing test materials, giving standardized and special test instructions, monitoring
examinees, and collecting testing materials.
Respond to inquiries from applicants regarding their application status.
Assist in position classification studies and the preparation and revision of class specifications.
Coordinate the distribution of new and revised salary schedules, salary and fringe benefit
information, and job specifications.
Participate in and conduct salary and fringe benefits surveys; maintain and update
classification and compensation plan documents and files in conjunction with changes in
related resolutions and Council actions.
Participate in special projects as assigned.
KNOWLEDGE, SKILLS AND ABILITIES
Knowledge of:
Modern office practices, procedures, and equipment.
Business English, spelling, and arithmetic.
Opderation and care of office equipment.
Ability To:
Learn municipal and election laws and procedures that relate to the City Clerk function.
Learn political reform requirements.
Learn records management, records retantion, and microfilming procedures.
Meet the public and effectively respond to their questions.
Establish and maintain a variety of municipal, personnel, and other recrods requiring
confidentiality and security.
Provide information and organize material in conformance with policies and regulations.
Learn principles and practices of public personnel administration.
Learn principles and practices of public personnel administration.
Compile and maintain complex records and files.
Establish and maintain effective working relationships.
Understand and interpret policies and procedures and explain them to others.
Understand, interpret, and apply State Labor Code, and City regulations.
QUALIFICATIONS
Education
High school diploma or equivalent
Experience
Three years of increasingly responsible clerical and/or record and bookkeeping experience in
an office setting.
License/Certificate
Type accurately at a speed of 55 words per minute.
Possession of a valid California Driver's License.
CITY OF SAN JACINTO JOB DESCRIPTION
PERSONNEL DEPARTMENT
EXECUTIVE SECRETARY TO THE CITY MANAGER
JOB SUMMARY
Under limited supervision to perform a variety of responsible and highly complex secretarial duties
for the City Manager and City Council and to do related work as required. This position works
directly with the City Manager involving a high degree of independent judgment. It requires a
thorough knowledge of department procedures and policies and the ability to choose among a limited
number of alternatives in performing a variety of assignments without instruction and in scheduling
and completing work. This position may direct the work of lesser -skilled clerical employees.
REPRESENTATIVE DUTIES
Provides direct and confidential secretarial support to the City Manager, City Council, other
administrative staff and various lay commissions or committees which assist the City Council
formulating and implementing City policies and programs.
Performs a variety of complex, responsible and confidential duties of the City Manager including
screening calls, visitors and mail.
Interpret City policies, rules and regulations in response to inquiries and complaints and refer to the
appropriate depanment or individual.
Compose routine correspondence not requiring the Manager's attention.
Make travel arrangements, maintain appointment schedules and calendars and arrange meetings and
conferences.
Take transcribable notes at meetings.
Research, compile and analyze data for various moderate to complex reports.
May serve as Secretary to a commission. preparing the agenda, assembling background materials,
taking and transcribing minutes of the meetings and performing related support services.
Assist in agenda preparation, gather information and contact meeting participants.
Supervise, initiate and maintain a variety of files and records.
Supervise and train subordinate personnel.
KNOWLEDGE, SKILLS AND ABILITIES
Knowledge of:
Modern office practices and procedures including business correspondence, tiling and standard office
equipment operation.
Correct english usage, spelling grammar and punctuation.
Organization, procedures and operating details of the City.
Recordkeeping principles and procedures.
Ability to:
Work independently.
Operate a variety of office equipment.
Communicate effectively orally and in writing.
Follow oral and written instructions.
Receive the public in person and over the phone in situations requiring diplomacy an tact.
Establish and maintain cooperative working relationships with the public and co-workers.
Interpret and apply administrative and departmental policies, laws and rules.
Analyze situations carefully and adopt effective courses of action.
Compile and maintain records and prepare extensive records and files.
Type 60 wpm.
Take transcribable notes at meetings and conferences and prepare clear and concise reports.
Understand and carry out oral and written directions
QUALIFICATIONS
Education
Equivalent to the completion of the twelfth grade supplemented by specialized secretarial courses
Experience
Five years of Increasingly complex secretarial/clerical experience.
STAFF REPORT
TO: Mayor and Councilmembers
FROM: PaEaster
DATE:
SUBJECT:
RECOMMENDATION:
September 15, 1992
AGREEMENT TO PROVIDE PROFESSIONAL SERVICES
Approve the agreement with Russ Beckner, of RGB, to provide
professional services in the area of economic development.
DISCUSSION:
One of the City's priorities is to encourage economic development.
We are using a multi -prong approach that includes the development
and distribution of written materials, proactive outreach to
potential commercial and industrial users, and quick response to
interested developers. As part of our approach, we would recommend
retaining Russ Beckner, of RGB, to assist in our outreach to
potential commercial users. Mr. Beckner's background is working in
the "retail world" for major retailing firms as well as retail
development companies. He has also worked with the cities of Santa
Fe Springs and La Quinta on their economic development efforts.
The proposed agreement includes a program of work as well as a
twelve month timeline, with an evaluation after six months as to
whether to continue Mr. Beckner's services. The approval to
proceed for the second six months will come back to the City
Council for ratification.
The funds to pay compensation and expenses will come from
Redevelopment Fund 96 - Account 2710 "Superblock Commercial
Implementation." For a six month period, the anticipated charges
for services will be approximately $24,000, plus expenses (mileage
and other miscellaneous expenses).
We are still in the process of finalizing this agreement and will
deliver it to you on Monday, September 14.
STAFF REPORT
TO: Mayor and City Council
FROM: Anna A. Vega, Finance Director
via Pamela S. Easter, City Manager
SUBJ: 1992-93 Budget Amendment
DATE: September 15, 1992
RECOMMENDATION
Adopt resolution amending the 1992-93 fiscal year budget.
BACKGROUND
The State has now approved their 1992-93 fiscal year budget. As
part of their action, the State has decreased our general fund
revenue by 9% through a deduction in property tax. Therefore, a
budget adjustment decreasing expenditures in the amount of $68,500
is required in order to meet our current revenue sources.
Once the State Budget Bills were signed by the Governor, City Staff
met and reviewed the general fund expenditures in detail. The
purpose of the meetings were to determine the status of the
remainder of the fiscal year budget and what programs or funding
could be reduced without affecting the service to our Citizens.
City Staff recommends the following reductions in the 1992-93
fiscal year budget account number:
Account No.
10-1700-1200
10-2500-5400
10-3100-1100
10-3200-1200
10-4150-2100
10-4150-2200
10-6100-2400
Account Description Budget Amount Page
Part -Time Salaries/Benefits $ 3,802 34
(Planning Intern)
Capital Outlay (Laser Printer) $ 5,000 44
Full Time Salaries/Benefits $29,959 50
(3 months salary savings on vacant
positions in the Police Department)
Part Time Salaries/Benefits $23,110 65
(Firefighter apprentice program
Funded through Fire Mitigation
Fund 67) 156
Utilities (Corporation Yard) $ 6,500 78
Telephone (Corporation Yard) $ 3,000 78
Contract Services (Historical 8 2,500 81
Video)(To be done by City Staff
with new video equipment)
TOTAL BUDGET DECREASES $73,871
Page 2
1992-93 Budget Amendment
One of the "Trailer" bills on the Governor's desk will also affect
booking fees that the County charges Cities. The California Police
Chiefs' Association is estimating the cost to increase 30% over
what is currently being charged for prisoner expenses. Therefore,
staff has conservatively increased the Police department's budget
by $5,371 in order to cover any additional booking expenses which
will be charged by the County.
The net affect on the 1992-93 budget amendments is $68,500 and
Staff is recommending approval of the above changes. The Council
Administrative Committee is reviewing the recommended budget cuts.
At the next regular Council meeting, staff will be presenting the
Redevelopment Budget for adjustments. At the present time, the
League of California Cities is reporting that this one year
Redevelopment Agencies tax increment loss will be about 16% to
Agencies. Staff is now reviewing what decreases or changes can be
made in the Redevelopment Agency's budget and will be presenting
recommendations to the City Council.
The City Clerk and Treasurer salary survey was not readily
available to the Council Administrative committee to make a
recommendation to Council at this time. The Committee will bring
recommendations on City Clerk and Treasurer salaries when the
redevelopment budget is presented.
Mid year budget review will be scheduled for the January 1993 study
session. Staff will review with City Council the status of the
City's revenues and expenditures for the current fiscal year.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO, CALIFORNIA, AMENDING THE
1992-93 FISCAL YEAR GENERAL FUND BUDGET
IN THE AMOUNT OF $68,500
THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. The Budget for the cf the City of San Jacinto
for the fiscal year commencing July 1, 1992, and ending June 30,
1993, was hereby approved and adopted on June 30, 1992.
SECTION 2. The Approved Budget is in accordance with all
applicable ordinances of the City and all applicable statutes of
the State. The reallocation of appropriations between
departmental activities may be made uoon approval of the City
Manager, providing there is no change in the total
appropriations as approved by the City Council.
SECTION 3. Amendments to the Budget shall be by approval
and Resolution of the City Council. As of the adoption of the
budget resolution the State had not resolved its budget. The City
did not know with certainty the extent revenues would be
affected, therefore, this budget has been reviewed and brought
before Council for necessary amendments, after the State budget
was passed.
SECTION 4. The Finance Director is hereby directed to
decrease the following departmental budgets:
10-1700 Community Development $ 3,802
10-2500 Non Departmental $ 5,000
10-3100 Police $24,588
10-3200 Fire $23,110
10-4150 P.W. Maintenance/Operation $ 9,500
10-6100 Museum $ 2,500
Total General Fund Decrease: $68,500
APPROVED AND ADOPTED this 15 day of September, 1992.
Francis R. Boykin, Mayor
ATTEST:
Maurice Armster, City Clerk
Deputy City Clerk
CITY OF SAN JACINTO
STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Brian McNabb, Director of Community Dgvelopment
via Pamela S. Easter, City Manager
DATE: September 15, 1992
SUBJECT: APPEAL OF PLANNING COMMISSION INTERPRETATION OF PUBLIC
WORKS CONDITION NO. 2, TRACT 25636
APPLICANT: Delco Hagen
P.O. Box 931
Carlsbad, CA 92008
NEIGHBORHOOD: College
RECOMMENDATION
Staff recommends that City Council uphold, modify or overturn the Planning Commissions'
decision.
DESCRIPTION
This is an appeal of a Planning Commission interpretation of Public Works Condition No.
2. The interpretation requires a block wall to be extended from its existing culmination to
the curb on both sides of Bushy Tail Trail and Sierra Seneca Drive. The wall shall graduate
down incrementally from the existing six foot wall to a forty-two inch wall from the front
setback line to the curb line. Tract 25636 is located north of the Ramona Expressway, west
of Eagle Road and south of Community College Drive.
BACKGROUND
Tentative Tract 25636 was originally presented to the Planning Commission on January 10,
1990 as a request to convert an existing condominium subdivision to a 52 lot subdivision
map with 6,000 square foot lots. The Planning Commission denied the proposal after finding
it inconsistent with existing condominium development as to unit layout and open space.
The Planning Commissions' denial was subsequently appealed to the City Council. On
February 20, 1990 the City Council reviewed a revised proposal reducing the density and
establishing 7200 square foot lots. It was at this meeting that Tentative Tract 25636,
Amendment No. 1 was approved by the City Council.
At the November 9, 1990 Planning Commission meeting the applicant appealed the
Conditions of Approval of Tract 25636 related to the location of a block wall and interior
street sidewalks to the Planning Commission. The Planning Commission adopted Resolution
No. 90-91 deleting Public Works Condition No. 2 which required a 5.5 ft. sidewalk per City
Standards and added the following condition:
"Applicant shall provide a 6 foot masonry wall between the existing residential
development to the north and the proposed development of Tentative of Tentative
Tract 25636."
The applicant contends that the approved plans indicate the wall location as constructed.
Staff has reviewed the file, and notes that there is a staff approved block wall plan. The
approved block wall plan does not delineate a block wall extending to the curbs on either
Bushy Tail Trail or Sierra Seneca Drive.
On May 13, 1992, the Planning Commission reviewed the wall location at the northerly
property line of the development based upon a request from the adjacent homeowners
association. The Planning Commission determined that the wall as constructed does not
satisfy the Condition of Approval for the Tract related thereto. As a result, the Commission
indicated that the wall shall be extended from its existing culmination to the curb on both
sides of Bushy Tail Trail and Sierra Seneca Drive.
Subsequently on August 12, 1992 at a public hearing the Planning Commission affirmed its
previous interpretation requiring the developer to construct the block wall, graduating down
incrementally to a 42 inch wall at the front setback line from the end of the existing 6 foot
wall, to the curb line.
The applicant, still contending that Public Works Condition of Approval No. 2 has been
complied with, is appealing this most recent Planning Commission decision to the City
Council.
Prepared
Jeff Chhfry/ ,2
Planner
Aoved by,
Brian McNabb
Director of Community Development
Al ACHMENTS:
Exhibit "A" Fence Detail/Bushy Tail Trail
Exhibit "B" Fence Detail/Sierra Seneca Drive
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STAFF REPORT
TO: Mayor and City Council
FROM: Anna A. Vega, Finance Director
via Pamela S. Easter, City Manager
SUBJ: Potato Festival
DATE: September 15, 1992
RECOMMENDATION
Approve the San Jacinto Business Association request to:
1) Close Main Street from San Jacinto Ave. East to Alessandro, and
Sheriff from 5th Street North to the alley behind the City offices
(201 E. Main) at 2 PM Friday, October 2nd until Midnight Sunday,
October 4th;
2) Approve the expenditure from account 10-2550-2450 to cover
police, public works equipment and services, special street
sweeping, toilets, sinks and City picnic tables, in an amount not
to exceed $1,750;
3) Allow the Banning Gun Slingers to discharge Fire Arms on Sunday
October 4th at 4 PM at 15 minute intervals.
BACKGROUND
The San Jacinto Business Association has submitted a request for
assistance from the City of San Jacinto in order to hold the 5th
Annual Potato Festival. This event is scheduled to commence Friday
October 2nd at 6 PM and will run through Sunday October 4th until
6 PM. On Saturday October 3rd the event will be held from 11 am to
11 pm. Liability insurance will be provided by the San Jacinto
Business Associaton.
In response to the San Jacinto Business Association's letter for
the Potato Festival event, staff has estimated expenses based on
the previous year Annual Potato Festival updated with current rate
structure.
Page 2
Potato Festival
Previous year expenses were:
Police patrol services 29.5 hours
Public Works set up services 12.6 hours
(including vehicles and barricades)
Contract street sweeping
Toilets/Sinks rented from Inland Disposal
Previous year vendor fee revenues were:
Current year Carnival Application Fee
$955.50
$526.00
$260.00
$704.36
$300.00
$400.00
5th Annual Potato Festival estimated $1,745.86
City contribution
In the 1992-93 fiscal year budget the City Council appropriated
$3,500.00 for the Potato Festival and the Cinco de Mayo event.
Bill Owen from the San Jacinto Business Association will be present
at the council meeting to answer any questions the City Council may
have.
San Jacinto : usiness Association
"In the business of working for the community"
Post Office Box 952 • San Jacinto, California 92581 • (714) n54-5174
September 8, 1992
CITY OF SAN JACINTO:
The San Jacinto Business Association requests to be on the agenda of the Sept.
15th, 1992 City Council Meeting to request the following assistance from the
City of San Jacinto in producing the 5th Annual Potato Festival.
1. To hold the Festival Friday night Oct. 2nd from 6 PM to 11 PM, Sat —
Oct. 3rd from 11 AM to 11 PM, and Sunday Oct. 4th from 10 AM to 6 PM
on Main St. and Sheriff downtown.
2. To close Main St. from San Jacinto Ave. East to Alessandro, and Sheriff
from 5th Sr. North to the alley behind the City Offices at 2 PM Friday
Oct. 2nd until Sunday Oct. 4th 12 Midnight.
3. To have the Carnival at the N.E. Corner of 5th and Sheriff Sts.running
until 11 PM on Friday and Saturday nights.
4. To waive normal City fees and Licenses in lieu of the flat fee worked
out between the City staff and the Business Association.
5. To have the tator trot at 9 AM Saturday Oct. 3rd in the same location
with the same route as last year.
6. To supply ten regular and one handicap chemical toilets and two sinks.
7. To supply barricades for street closures and twelve orange reflector
posts for the beer garden.
8. To supply two large trash bins.
9. To supply metal picnic tables.
10. To supply Police patrols during Festival hours.
11. To have streets swept Sunday night after the Festival closes.
San Jacinto Business Association
President
San Jacinto iness Association
Post Office Box 952 • San Jacinto, California 92581 • (714)
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STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Brian McNabb, Director of Community Development
via Pamela S. Easter, City Manager
DATE: September 15, 1992
SUBJECT: Resolution of Participation of Western Riverside Council of Governments
(WRCOG) Six Point Air Quality/Congestion Management Program
RECOMMENDATION
Staff recommends that the City Council adopt the Resolution of Participation in the Six
Point Air Quality/Congestion Management Program
BACKGROUND
The City of San Jacinto, as well as the rest of the jurisdictions within western Riverside
County, is located within the South Coast Air Basin (SCAB). At this time, the SCAB has
the worst air in the nation and frequently violates the ambient air quality standards
established by the Federal Clean Air Act (CAA) and California Clean Air Act (CCAA).
In an effort to bring the air basin into compliance with federal and state air quality
requirements, the South Coast Air Quality Management District (SCAQMD) and the
Southern California Association of Governments (SCAG) prepared the 1991 South Coast
Air Quality Management Plan (SCAQMP).
The SCAQMP provides measures for local government implementation to reduce emissions.
To help member agencies respond to the SCAQMP, WRCOG has taken the lead role to
prepare a sub -regional Air Quality Implementation Program (AQIP). The WRCOG air
quality program provides guidance to member jurisdictions and includes model air quality
policies and ordinances.
The SCAQMP has established performance dates for local government implementation of
the air quality measures, some of which are December, 1992. Further, because the process
for implementing the air quality measures can be lengthy it appears the majority of the
jurisdictions will not meet the prescribed deadlines. To demonstrate that WRCOG member
jurisdictions are willing to address and implement the air quality measures, WRCOG is
recommending that each member agency adopt the above referenced resolution. This action
will postpone the imposition of regional rules or programs that would limit our ability to
manage the development of the City.
City Council Report
September 15, 1992
Page No. 2
DISCUSSION
The resolution of participation includes a six point action program, which is identified as the
first phase of action for local government implementation. The following is a brief a
description and analysis of each of the six actions:
1. Promotion of public/private voluntary programs.
This action would involve encouraging employers with 25 - 99 employees to
reduce trips. It would also involve encouraging merchants to provide
incentives to shoppers who utilize an alternate transportation mode and
thereby reduce non -work vehicle trips.
2. City employee trip reduction plan.
This action would involve reducing City employee work related trips by
incorporating measures such as flexible work schedules, providing incentives
to employees who bike, walk or take mass transit to work and allowing some
employees to occasionally work at home.
3. Endorsement of WRCOG Sub -regional air quality policies.
This action provides that the City will commit to adopt measures to improve
air quality. Also, by endorsing the sub -regional policies the City agrees
participate on a level playing field and not put those agencies that comply at
a competitive disadvantage.
4. Maintain reporting mechanism to support the required conformity findings.
This action provides that the City will establish a mechanism to report to
WRCOG the results of the future City air quality program to reduce
emissions. The City results will be incorporated into the regional conformity
reports which are required by the federal, state and regional agencies to
demonstrate progress toward attainment of ambient air quality standards.
5. Adoption of a Transportation Demand Management (TDM) Ordinance.
To implement the State Implementation Plan and the Regional Congestion
Management Plan, local governments are required to adopt a 1'DM ordinance
be December 31, 1992. The 1'DM ordinance would include measures such as
telecommuting, parking management and employee carpool programs.
City Council Report
September 15, 1992
Page No. 3
h. Adoption of other air quality ordinances.
Other ordinances which local governments could adopt to improve air quality
include an energy conservation ordinance to reduce emissions from
appliances; a low emission construction materials ordinance which would
require construction materials to be finished in the factory and not at the job
site; and a fugitive dust ordinance controlling emissions from construction
sites and grading operations.
A representative of WRCOG will be on hand to present the six point program in greater
detail. Air quality issues have significant regional ramifications and this resolution is just
the first step in the local government implementation process. The WRCOG representative
will update and enlighten you as to the remainder of our responsibility and the potential
ramifications of non -action by local government.
Prepared -by Approved by,
/
Timothy M. Hults
Senior Planner
Attachment: Resolution of Participation
Brian McNabb
Director of Community Development
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO TO PARTICIPATE IN THE WESTERN
RIVERSIDE COUNCIL OF GOVERNMENT INTEGRATED AIR
QUALITY IMPLEMENTATION PROGRAM
WHEREAS, Riverside County Transportation Commission (RCI C) has been
designated the Congestion Management Agency responsible for the preparation of
the CMP of Riverside County; and
WHEREAS, State and Federal transportation agencies require expeditious
implementation of regional Air Quality Management Plan Transportation Control
Measures (TCMs) as Prescribed by law; and
WHEREAS, Western Riverside Council of Government (WRCOG) has been working
with local governments within the WRCOG Region to develop a model Air Quality
Implementation Program (AQIP) and TCM Action Plan; and
WHEREAS, Local governments must promote or enact measures which meet air
quality and congestion management objectives to preserve local autonomy and land
use authority; and
WHEREAS, Cooperative public/private programs designed to meet air quality and
congestion management goals on a voluntary basis are preferable to federal, state,
and regionally mandated programs; and
WHEREAS, It is beneficial and desirable for all agencies to work together in a
cooperative and beneficial manner for the public, in achieving unified transportation
and air quality policies; and
WHEREAS, A commitment by Cities and the County to participate in development
of specific subregional implementation strategies or action plans to meet CMP and
AQMP objectives is critical to the interests of the WRCOG Region.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
SAN JACINTO DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of San Jacinto agrees to promote public/private voluntary
programs designed to meet regional air quality and congestion management
objectives.
SECTION 2. The City of San Jacinto commits to developing trip reduction
program(s) for the City employees.
SECTION 3. The City of San Jacinto endorses the Subregional Air Quality Policies
established in the WRCOG Air Quality Implementation Program.
SECTION 4. The City of San Jacinto commits to maintaining the appropriate
reporting mechanism needed to support future air quality conformity findings for the
WRCOG Region.
SECTION 5. The City of San Jacinto commits to adopting an appropriate 1'DM
ordinance which implements local government responsibilities under the provisions
of the current State Implementation Plan for Air Quality by December, 1992.
SECTION 6. The City of San Jacinto agrees to consider adoption of other air quality
ordinances contained within the WRCOG Air Quality Implementation Program by
December, 1992.
SECTION 7. The City Clerk of the City of San Jacinto is hereby directed to transmit
certified copies of this resolution to the Riverside County Transportation Commission
and the Western Riverside Council of Governments.
SECTION 8. The City of San Jacinto agrees to participate in the development of an
integrated Air Quality Implementation Program and Transportation Control Measure
Action Plan for the WRCOG Region.
MOVED, PASSED and ADOPlED the day of , 1992.
AYES:
NOES:
ABSENT:
A I I EST:
CITY CLERK
B:\AIR.RES
MAYOR, CITY OF SAN JACINTO
7
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Les Evans
DATE: September 15, 1992
SUBJECT: RESOLUTION NO. ESTABLISHING A POLICY FOR
CLOSURE OF PUBLIC STREETS
RECOMMENDATION
Adopt Resolution No.
BACKGROUND AND ANALYSIS
At their meeting of August 18, 1992, the City Council received a
report on the City's Road Closure policy. The City Council
directed staff to return with a recommended policy and any
historical information which may pertain to a road closure policy.
A research of City records revealed no previous policy on street
closures. Ordinance No. 358 references the "erection and
maintenance of barriers and lights when working on streets," but
does not establish street closure policies.
In the absence of previous street closure policies, staff
recommends the policy included in the proposed Resolution.
a:Ics#3strclos
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JACINTO ESTABLISHING
A POLICY FOR THE CLOSURE OF PUBLIC STREETS
WHEREAS, the City Council of the City of San Jacinto
wishes to provide for the safe and efficient flow of
traffic in the City; and
WHEREAS, the City Council of the City of San Jacinto is
vitally interested in insuring that vehicular access to
businesses within the City is not impeded; and
WHEREAS, construction within the public right-of-way
often disrupts both the flow of traffic and access to
businesses;
NOW THEREFORE BE IT RESOLVED that the City Council of the
City of San Jacinto establishes the following policy for
street closures:
a. Activities affecting access to commercial
businesses during the period between Thanksgiving
and New Year's Day can be authorized only by
specific approval on the final encroachment permit.
b. Activities affecting access to commercial
businesses during the first four working days of
the month can be authorized only by specific
approval on the final encroachment permit.
c. Construction affecting arterial streets must
provide for at least one lane of traffic in each
direction over a paved surface unless authorized by
specific approval.
d. In cases where work takes place in the public
right-of-way, a traffic control plan prepared by a
licensed traffic engineer in accordance with the
CALTRANS traffic manual may be required.
Page Two
e. Full arterial street closures must be approved by
the City Council.
MOVED, PASSED AND ADOPTED at a regular meeting of
the City Council on the day of
1992 by the following vote:
AYES:
NOES:
ABSENT:
Mayor
Deputy City Clerk
City of San Jacinto
Staff Report
TO: Honorable Mayor and Members of the City Council
FROM: Ross Chadwick, Fire Chief/Building Official
via Pamela S. Easter, City Manager
DATE: September 15, 1992
SUBJECT: Overview of the Adoption of 1991 Unified Building
Code (U.B.C.) and 1991 Unified Fire Code (U.F.C.)
RECOMMENDATION:
Staff recommends that the City Council receive an oral report on the adoption of
the 1991 Unifoiin Building and Fire Codes.
BACKGROUND:
Staff will be presenting a short overview of the adoption of the 1991 Uniform
Building Code and Uniform Fire Code and other related codes at the September
15th regular City Council meeting. The following is provided as a brief
background to that discussion. Staff recommends the adoption of these codes via
ordinances by Council at the regular City Council meeting on October 6th, 1992.
In an effort to keep the fire and building codes compatible, the Fire and Life
Safety Department strives to coordinate all changes and amendments in both
codes. It is critical that both codes contain the same amendments.
In addition to adopting the U.B.C. and U.F.0 and its appendices, most
jurisdictions make amendments to the code. State law requires that certain
"Findings of Facts" be forwarded to the California Department of Housing and
Community Development if a local jurisdiction adopts amendments stricter than
the State has adopted. These facts are based upon special local conditions as they
apply to climate, topography and geology.
Uniform Building Code:
The Uniform Building Code (U.B.C.) was first enacted by the International
Conference of Building Officials at the Sixth Annual Business Meeting held in
Phoenix, Arizona, in October of 1927. Revised editions of this code have been
Page 1
published since that time at approximate three-year intervals. New editions
incorporate changes approved since the last edition. The City adopted the 1988
U.B.C. as Ordinance No. 693 on January 16th, 1990, with certain amendments.
The U.B.C. is designed to be compatible with related publications to provide a
complete set of documents for regulatory use. The U.B.C. covers the fire, life
and structural safety aspects of all buildings and related structures.
Uniform Fire Code:
The Uniform Fire Code (U.F.C.) was developed by the California Fire Chiefs
Association and is published by the International Conference of Building Officials
and the Western Fire Chiefs Association. The first edition of the U.F.C. was
published in 1971 and revised editions are published every three years.
Suggested changes are reviewed by experts in the field of fire and life -safety and
are approved at annual meetings of the Western Fire Chiefs Association. The
City adopted the 1988 U.F.C. as Ordinance No. 917 on November 20, 1990, with
certain amendments, including more restrictive sprinkler requirements.
The U.F.C. provides the following kinds of detailed fire -protection requirements
for new construction: water supplies for firefighting; access for fire department
apparatus; fire extinguishing systems; and also, specific standards regarding
hazardous processes and uses, such as flammable liquids, compressed gases,
hazardous materials, etc.
In addition, the Fire Code is intended to be a maintenance code to ensure that
buildings remain safe once built and occupied. The U.F.C. is intended to be one
part of a package of model codes including the Uniform Building Code (U.B.C.),
Uniform Mechanical Code (U.M.C), and the Uniform Plumbing Code (U.P.C).
Page 2
MISCELLANEOUS
(P.E.R.C.)
ASSOCIATION
MOU
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SAN JACINTO, CA
THE NON -SAFETY UNIT (GENERAL EMPLOYEES) OF
PUBLIC EMPLOYEES ASSOCIATION OF RIVERSIDE COUNTY, INC.
This Memorandum of Understanding (hereinafter "MOU") is entered
into between the City of San Jacinto (hereinafter "City") and the
Public Employees Association of Riverside County, Inc. (hereinafter
"PERC") pursuant to the provisions of the Myers-Millias-Brown Act.
Unless otherwise stated herein, this MOU shall be effective for the
period from September 15, 1992, up to an including June 30th, 1994;
and thereafter shall continue in effect year -by -year unless one of
the parties notifies the other in writing no later than March 15th,
1994, (or succeeding year) of the request to modify, amend or
terminate the Agreement.
ARTICLE I
Recognition
1.1 The City recognizes PERC as the bargaining representative for
all non -safety employees employed by the City, except management,
confidential, temporary and part-time employees.
ARTICLE II
Management Rights
2.1 It is understood and agreed that the City retains all of its
powers and authority to direct, manage and control to the full
extent of the law. Included in but not limited to those duties and
powers are the exclusive rights to: determine its organization;
direct the work of its employees; assign work not expressly covered
by job description, determine the times and hours of operation;
determine normal working hours and to schedule shifts accordingly;
determine the kinds and levels of services to be provided, and the
methods and means of providing them; establish its municipal
policies, goals, and objectives; make technological improvements;
determine staffing patterns; determine the number and kinds of
personnel required; maintain the efficiency of City operations,
build, move or modify facilities; establish budget procedures and
determine budgetary allocations; determine the methods of raising
revenue; contract out work in accordance with law; and to take any
action necessary to address conditions of any emergency nature,
provided that PERC shall be afforded the opportunity to meet and
confer concerning the necessity of any such action if inconsistent
with this MOU. In addition the City retains the right to hire,
classify, assign, evaluate, promote, teLminate, transfer and
discipline employees.
2.2 The City Manager may lay off a unit member because of a
shortage of work, lack of funds, material change in duties or
organization or other valid reasons.
2.3 The exercise of the foregoing powers, rights, authority,
duties and responsibilities by the City, the adoption of policies,
rules, regulations and practices in furtherance thereof, and the
use of judgment and discretion in connection therewith, shall be
limited only by the specific and express teLms of the MOU, and then
only to the extent such specific and express teams are in
conformance with the law.
ARTICLE III
Salaries
3.1 Effective July 1st 1984, the City agrees to contribute 7% of
full-time unit members of employee's PERS contribution, per Section
20615 of the Government Code.
3.2 The salary schedules applicable to full-time unit members
during the term of the MOU shall be as provided in Attachment "A".
The salary schedules attached reflect the implementation of City's
compensation study, which, for employees negative First -step, shall
be implemented 1/2 toward First -step on July 2, 1992, with the
remainder toward First -step to be implemented on July 1, 1993.
City reserves the discretion whether or not to implement an
Employee Range Consolidation which shall not result in the loss of
income to any employee.
3.3 Effective July 1, 1993, City shall pay $35.00 per month
bilingual pay to such employees who have proven proficiency in
speaking both English and Spanish languages. Proficiency shall be
shown by a standard examination and cultured diversity program
approved by the City.
ARTICLE IV
Benefits
4.1 Health Benefits: City agrees to provide Health Insurance for
each employee with availability for employees' dependents. Payment
for said Health Insurance is outlined below. The City agrees to
pay 80% of the employee deductible when applicable.
2
Appendix A
RANGE STEP1
STEP
26
1.241
304
1,370
1.448
1,513
26
1,273
1,337
1,405
1,476
1.550
2/
1.384
1.378
1,440
1.613
1.589
28
133/
1,405
1,476
1.550
1,629
29
1.370
1,440
1.513
1.g8A
1.670
30
1,405
1476
1.550
1.629
1,711
31
1,440
1.513
1.589
1�670
1754
32
14/6
1,550
1.629
1.711
1.798
33
1,613
1,689
1.670
1.>54
1.843
24
1.550
1,629
1.711
1.798
1.889
35
1.589
1,670
1,764
1,843
1,936
38
1.629
1.711
1.798
1.889
1.985
37
1,670
1.754
1.843
1,936
2.034
38
1.711
1.798
1.889
1.985
2.085
29
1./54
1.843
1.936
2.834
2.13/
21T1
40
1,798
1�880
1.986
2,086
41
1,842
1,836
2.034
2.137
2,246
42
1,889
1,985
3,086
2191
2,302
43
1.936
2.034
2.137
2246
2.359
44
1.985
2.085
2.191
2.202
2,418
45
2,034
2,137
2.246
2,369
2,479
46
2.085
2.191
2.302
2.418
2.541
47
2,137
2.246
3.369
2,479
2,604
48
2.191
Z302
2.418
2.541
2.869
49
2.246
2.359
2.470
2.604
2.736
50
2,302
2.418
2.541
2`669
2,804
51
2.359
2,479
2.604
2736
2.874
52
2.418
2.641
2.669
2.804
2,946
53
2.479
2.604
2.736
2.874
3.020
54
2,541
2.669
2.804
2046
1095
55
2.804
2,736
2.874
3.020
3.173
56
2,660
2.804
2,946
3,095
3,262
5/
2.736
2.874
3.028
-J,173
3,`33
58
2,804
2,946
3,095
3.2S2
3,417
59
2,874
3.020
3.173
3.333
3.502
GU
2.946
3,095
3.252
3,417
3.590
61
3,020
3.173
3,333
3,502
3,680
62
3.095
3.252
3.41/
3.590
3.772
63
3,173
3.333
3,602
3,680
3.866
64
2.252
2.41/
3.590
3.772
3.962
66
3.333
3,502
3.680
3,866
4,061
86
3.417
2.598
3.772
1962
4.163
57
3.602
3.880
3.866
4.061
4,267
Gs
3,590
3.772
3.962
4,163
4,374
60
3.680
3.868
4.081
4267
4,483
70
3.772
2.962
4.163
4.374
4.595
71
3,866
4.861
4267
4,493
4710
72
3,982
4,163
4.374
4.595
4,828
73
4,061
4,267
4483
4710
4.949
74
4.183
4,374
4.595
4,828
5,072
75
4,267
4,483
4.>10
4949
5.199
Miscellaneous MOU Monthly Salary Table
Addendum
Effective July 2, 1992, the following class positions covered under this agreement
shall be as follows:
CLASS POSITION
Account Clerk I
Account Clerk 11
Administrative Clerk I
Administrative Clerk II
Building Inspector
Clerk Typist 1
Cleric Typist II
Clerk Typist II
Code Enforcement Officer (New)
Code Enforcement Officer
Code Enforcement Officer
Engineering Technician
Leadworker (PW)
Maintence Worker I
Maintence Worker II
Mechanic
Planner I
Planner II
PW Inspector
RANGE MIN
37 1,670
42 1,889
33 1,513
39 1,754
52 2,418
Reclass to Administrative Clerk I
Reclass to Administrative Clerk II
Reclass to Administrative Clerk II
48 2,191 2,669
(Existing- 1 of 3) Reclass to PW Inspector
(Existing.- 2 of 3) Reclass to Building Inspector
42 1,889
47 2,137
38 1,711
42 1,889
47 2,137
55 2,604
61 3,020
52 2,418
MAX
2,034
2,302
1,843
2,137
2,946
2,302
2,604
2.085
2,302
2,604
3,173
3,680
2,946
9/10/92
Employee may also select dependent coverage in the plan and pay the
applicable cost of such dependent coverage through the payroll
deduction procedure.
4.2(a) Effective July 2, 1992, the City will pay a maximum of
$129.00 per month towards the premium of health insurance for the
single employee, $255.00 per month for the employee plus one (1)
dependent and $340.00 per month for the employee with two (2) or
more dependents. Effective July 1, 1993, City's maximum payments
shall be increased to $144.00, $285.00 and $380.00, respectively.
4.2(b) Dental/Optical Insurance: Effective upon ratification of
the City contract with the described health care providers, but in
no instance earlier than acceptance by said health care providers
of any individual employee's coverage application, the City shall
contribute the following annual amounts towards dental and/or
optical coverage. At the option of the affected employee, all or
part of the described amounts may be designated for application to
the dental and/or optical programs retained by the City. Any
designated annual amounts shall be prorated and distributed on a
monthly basis to the designated carrier. However, no employee
shall be entitled to any cash distribution of any dental/optical
premium contributions not actually designated by the employee to be
utilized for such purposes. Any deductibles under the plan shall
be at the employee's expense.
Employee Only - $160.00 per year;
Employee plus 1 dependent - $275.00 per year;
Employee plus 2 or more dependents - $396.00 per year.
Providers: DENTI-CARE;
AVP VISION PLANS.
4.3 Uniform Allowance: The City shall provide contract uniform
service (provision and cleaning) for unit members required to wear
them during duty hours, including Building inspectors and Code
Enforcement officers. Additionally, the City will pay for any
State or City required safety equipment. Should the State or City
require the employee to wear safety shoes/boots then the City will
reimburse the employee for actual expenditures for replacement of
such footwear but in no sum greater than $100.00 in each fiscal
year.
4.4 Disability Life Insurance: Full-time unit members shall be
entitled to participate in the Long Term Disability Life, and
Accidental Death/Dismemberment insurance program currently in
effect. The Short Term Disability Insurance plan provided by the
City is mandatory for all employees in this unit, with the cost to
3
be borne by the employer. The coverage to be provided under the
Life Insurance and Accidental Death/Dismemberment policies provided
by City shall be $20,000.00 effective October 1, 1992 (or as soon
thereafter as the issuer will amend such policies), and shall
increase to $50,000.00 in coverage effective July 1, 1993.
4.5 Worker's Compensation: The City shall compensate unit members
for a period not to exceed 30 calendar days, after an industrial
accident in the amount of the difference between worker's
compensation insurance and the unit member's regular salary.
After expiration of the 30 day period, the City will pay the
difference between worker's compensation and the unit member's
regular amount of pay to the extent of the unit member's
accumulated sick leave earned by the unit member prior to his/her
absence. Deductions from the unit member's sick leave accrual
shall be made on a pro rata basis, according to the number of hours
of sick leave which is used to supplement worker's compensation.
After exhaustion of accumulated sick leave, the unit member may
choose to supplement the worker's compensation through the use of
vacation time accrued prior to the absence. If the unit member so
elects, the City shall pay the difference between the worker's
compensation payment and the unit member's salary.
In no event shall the additional compensation paid to the unit
member by virtue of the 30 day benefit, sick leave or vacation
leave, result in the payment of a total daily, weekly or monthly
compensation that exceeds the normal compensation of the worker.
4.6 Retirement: Commencing July 1, 1988, Retirement under PERS
shall be based on the highest single year. The City to continue to
contribute to 1959 Survivor Benefit for each employee covered under
PERS.
4.7 Should City require an employee to use his/her personal
automobile on City business, City shall reimburse the employee the
amount of 26 cents per mile for such use. City may establish rules
and regulations for the use of personal automobiles, including the
requirement that the employee maintain liability insurance in such
amounts as City may prescribe. Nothing stated herein shall be
construed to require that City permit use of a personal automobile
for City business. Each use of personal automobiles shall require
the approval of the City Manager or Department Head.
4.8 Tuition Reimbursement:
(a) All affected employees are eligible to receive tuition
reimbursement. Courses must have begun after appointment
and be in excess of the educational standards for the
4
position. An example of this would be job -related
college or university courses when the specification for
the classification calls for high school graduation.
(b) Employees shall be reimbursed for tuition, registration
fees and texts required for the eligible courses. Expenses
for parking, travel, lodging, meals, processing fees,
transcript fees, materials and any other costs are not
reimbursable.
(c) Employees shall be reimbursed up to the dollar amount
charged for the same number of units per term by California
State University, except that those enrolled in University of
California courses shall be reimbursed up to the dollar amount
charged for the same number of units by the UC campus
attended. An employee shall not receive reimbursement in
excess of five hundred dollars ($500.00) in any one fiscal
year.
The difference between the CITY'S maximum obligation during
any fiscal year and the amount of any actual reimbursement
received by the employee during that fiscal year shall not be
carried over or be available to use by the employee in any
subsequent fiscal year.
(d) Course work must be related to the employee's current
occupation or to a CITY classification to which the employee
may be eligible for promotion within the employee's current
job series within the next five years.
(e) Courses must be traditional classroom courses taken at
colleges or universities and approved by the Western
Association of Schools and Colleges. Credits given for
courses including, but not limited to, life experience,
military training, and professional training are not eligible
for tuition reimbursement.
(f) Course work should not duplicate training which the
employee has already had, which is to be provided in-house, or
previously taken courses unless special approval has been
granted by the Department Head and the Personnel Department.
(g) Courses may be approved which are required for the
completion of the pre -approved job -related major. An example
would be general education or elective requirements for the
major as stated in the school catalog. Remedial courses or
those taken as required for a non -approved major shall not be
eligible.
(h) Classes related to the use of purchased CITY -approved
computer equipment may be authorized under the tuition
5
reimbursement program if pre -approval is granted before
commencement of a non -accredited class.
(i) Course work cannot be taken on CITY time and it must be
certified that all courses submitted for approval are taken on
the employee's off -duty time.
(j) A pre -approval form should be submitted to the Department
Head and to Personnel before the course work is begun to
certify eligibility.
(k) In order to be reviewed, each application must state
exactly which units or credits the employee is applying for
and whether the courses submitted are core courses or
recommended electives for the approved major.
(1) Reimbursement shall be submitted within three (3) months
of completion of the approved course with a minimum final
grade of "C" or its equivalent. A pass in a pass/fail course
will be considered equivalent to a "C". No reimbursement
shall be made for audited or incomplete courses.
(m) Employees must submit from the attendant institution an
original certification of major, fees paid and grade achieved
in order to have their application considered for
reimbursement. These documents must accompany the
reimbursement application form in order to be processed.
(n) Upon termination from employment, employees shall be
required to reimburse the CITY for any funds received under
this program for courses completed during the last 12 months
of employment. This payback provision does not apply to
employees who are laid off by the CITY or who separate as a
result of a CITY/departmental reorganization.
ARTICLE V
Leaves
5.1 Sick Leaves:
(a) Full-time unit members shall accrue sick leave at
the rate of one day per month, beginning with the first
day of employment. Unit members hired between the first
and the fifteenth day of the month shall be credited with
one full day of sick leave for the month of hire; unit
members hired between the sixteenth and the last day of
the month shall begin to accrue sick leave on the first
day of the following month. Sick leave may accrue up to
a maximum of 120 days per unit member.
6
(b) Sick leave with pay shall be allowed by the City
whenever a unit member's absence is due to the unit
member's illness which prevented his/her attendance on
the job and performance of duties on the day of the
absence.
(c) Each unit member using sick leave must notify his
immediate supervisor within two hours (2 hrs) after the
time set for beginning his daily duties or as may be
specified by the Department Head.
(d) If the absence is for two (2) days or more, the
request for leave must be accompanied by a statement
signed by a regularly licensed physician certifying that
the unit employee has been ill and unable to perform
his/her duties. Any illness serious enough to keep a
unit member at home for two (2) days or more, shall
receive competent medical attention.
(e) The City may require a Doctor's Certificate at any
time.
(f) A unit member absent on an approved sick leave for
less than one (1) full working day shall have his
accumulated sick leave reduced by the number of hours
absent.
(g) If the absence is due to an off -duty accident, the
City will require a written memo from the unit member
explaining the circumstances of the accident and the
injury.
(h) Sick Leave Incentive/Buy Back - To qualify, an
employee must have 192 hours of accumulated sick leave on
record on December 15th. Once qualified, an employee may
sell up to six (6) days of sick leave back to the City if
the employee used six (6) or fewer sick days in the
preceding 12 months. If more than six (6) days are used,
no buy back is available. The buy back of sick leave
will normally be transacted on or about December 18th of
each year.
5.2 Vacations: Full time unit members shall accumulate vacation
leave in accordance with the following schedule:
(a) During the first three (3) years of service, unit
members shall accrue ten (10) vacation days per annum.
Unit members shall be eligible to take vacation leave
after serving one (1) full year with the City. Under
extraordinary circumstances the City may, in its
7
discretion, permit a unit member to take vacation days
prior to completion of one (1) year of service with the
City.
(b) After three (3) full years of service, unit members
shall accrue fifteen (15) vacation days per annum.
(c) After six (6) full years of service, unit members
shall accrue eighteen (18) vacation days per annum.
(d) After ten (10) full years of service, unit members
shall accrue twenty (20) vacation days per annum.
(e) Unit members hired between the first and fifteenth
of the month shall be credited as per Section 5.2a of
vacation leave for the month of hire; unit members hired
between the sixteenth and the last day of the month
shall begin to accrue vacation leave on the first day of
the following month.
(f) Any eligible unit member, with the consent of the
head of his/her department, may defer up to but not more
than ten (10) days of his/her annual vacation to the
succeeding year.
(g) In the event one or more holidays fall within an
annual vacation leave, such holiday shall not be charged
as vacation leave, and the leave shall be extended
accordingly.
(h) Unit members who terminate employment shall be paid
in a lump sum for all accrued vacation leave earned prior
to the effective date of teintination at the hourly rate
of pay at the time of termination.
5.3 Military Leave: Military leave shall be granted in accordance
with the applicable provisions of State law.
5.4 Jury Leave: Any employee who is called or required to serve
as a trial juror shall be entitled to a leave of absence during the
period of such service or while necessarily being present in court
as a result of such call. Under such circumstances, the employee
shall be paid the difference between his full salary and any
payment received by him/her except travel pay for such duty.
5.5 Extended Leaves of Absence:
(a) The City Manager may, upon written request of a
regular full-time employee, grant a leave of absence
without pay for a period not to exceed one (1) year.
Leave shall be granted solely within the discretion of
8
the City Manager and shall not be granted should
circumstances require that the position be filled due to
staffing needs. Failure on the part of the employee on
leave to report to the City Manager promptly at the
expiration of the leave, or within a reasonable time
after notice by the City Manager to return to duty after
such leave, shall be cause for discharge.
(b) Non -Work Related Iniury/Illness: Upon a non -work
related injury or illness that prevents an employee from
returning to work, the City Manager may, upon written
request grant a leave of absence without pay for a period
not to exceed one (1) year. Leave shall be granted
solely within the discretion of the City Manager and
shall not be granted should circumstances require that
the position be filled due to staffing needs. Prior to
the granting of any leave, the employee must have first
exhausted all accrued sick leave and vacation time.
During the period wherein the employee is using accrued
sick and vacation leave, the City shall continue to pay
medical premiums in the amount applicable under paragraph
4.2, above. After exhaustion of sick and vacation leave,
and whether or not leave is granted or employment
teiminated due to a non -work related illness or injury,
City shall continue payment of medical insurance premiums
pursuant to paragraph 4.2 for a period of one (1) month
past termination or the granting of leave without pay.
5.6 Serious Family Illness: Each calendar year unit members may
take up to four (4) days Serious Family Illness leave in cases
where their absence is required due to illness or disability in the
immediate family. The immediate family means the unit members'
spouse, child, parent, brother or sister, grandparent or grandchild
if residing with the unit member, and may include the unmarried
partner maintaining a marital -type relation with the unit member
provided said partner resides with the unit member. Should leave
be requested for illness of a non -married partner, the City Manager
may request a certification from the unit member as proof of said
relationship. In emergency situations, additional Serious Family
Illness leave may be granted at the discretion of the City. Serious
Family Illness leave shall be granted by the City when, in the
judgment of management the relationship between the sick or dis-
abled person and the unit member warrants the use of such leave.
Serious Family Illness leave shall not accumulate from year-to-
year. Unit members shall furnish, satisfactory proof showing the
nature of the illness, injury, or disability to justify the
absence.
5.7 Bereavement Leave: Each unit member may take up to three (3)
days Bereavement Leave per calendar year in the event of the death
of a member of the immediate family. Such Bereavement Leave may be
9
increased up to a total of five (5) days in the event of the death
of a member of the immediate family, when the final services for
the deceased person is located more than 500 vehicular miles from
the City of San Jacinto and the unit member actually travels to
attend at such services. The immediate family means the unit
members' spouse, child, parent, parent -in-law, brother or
sister, grandparent or grandchild, and may include the unmarried
partner maintaining a marital -type relation with the unit member
provided said partner resides with the unit member. Should leave
be requested for death of a non -married partner, the City Manager
may request a certification from the unit member as proof of said
relationship.
ARTICLE VI
Holidays
6.1 Unit members shall be granted the following holidays:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(7)
New Year's Day (January 1st)
President's Day (3rd Monday in February)
Memorial Day (last Monday in May)
Independent Day (July 4th)
Labor Day (1st Monday in September)
Columbus Day (2nd Monday of October)
Veteran's Day (November llth)
Thanksgiving Day and the day after (4th Thursday
in November and the day after)
Christmas Day (December 25th)
Two floating holidays each fiscal year
6.2 Any holiday falling on Saturday shall be observed on the
preceding Friday.
6.3 Any holiday falling on Sunday shall be observed on the
following Monday.
6.4 If a holiday occurs on a day which is the employee's regular
day off, he/she shall be entitled to holiday pay in the amount of
eight (8) hours at straight time.
6.5 If an employee works on a holiday, he/she shall be entitled to
holiday pay in the amount of eight (8) hours at straight time. in
addition to the amount paid for any time actually worked.
6.6 At the discretion of the department head, an employee may be
given a day off in lieu of pay in cases described in 6.5 and 6.6.
6.7 Each Department will adopt rules pertaining to the required
advance notice to be given prior to use of floating holidays.
ARTICLE VII
10
Working Hours and Overtime
7.1 Each employee shall be in actual attendance on duty for a
minimum of eight (8) hours on each day that the employee is
assigned to work. Each such eight (8) hour period on duty shall
constitute one (1) work day. Said eight (8) hours shall include
two (2) breaks of fifteen (15) minutes duration, to be taken at the
work station.
All employees shall work a minimum of four (4) days in each seven
(7) day work period and shall normally be entitled to a minimum of
two (2) consecutive days off each seven (7) day work period.
Overtime shall be hours worked in excess of 40 hours in any seven
(7) day work period.
Approval to work overtime shall be secured prior to such work from
the Department Head, through the correct chain of command.
Employees may be scheduled for regular weekend work as part of
their individual work week. Thirty (30) days notice by the City is
required prior to placing an employee on a schedule which includes
weekends.
7.2 Time Worked: Time worked shall be as defined by the FLSA. The
maximum number of hours worked for personnel per each seven (7) day
work period paid at the regular rate of pay shall be forty (40)
hours inclusive of breaks. The work period for this unit shall
commence at 12:00 a.m. Thursday and end 11:59 p.m. Wednesday.
7.3 Overtime: Overtime shall be paid pursuant to the minimum
applicable Fair Labor Standards Act guidelines. "Comp time" shall
only be granted with the authorization of the City Manager.
Holiday leave shall be considered time -worked for purposes of
computing overtime.
7.4 Time Not Considered As Compensable Time: The following
activities shall not be considered time worked, except as provided
for in this Memorandum of Understanding.
(a) Meal breaks - except as authorized by this MOU.
(b) Leave of absence (vacation leave, sick leave, leave
without pay, etc., except authorized Comp. time).
(c) All travel time to work and returning home in either
personal or city vehicle, related to regularly scheduled
work.
(d) All time in off -duty voluntary training assignments (home
work, study time, meal time, sleep time, etc.).
(e) All off -duty travel related to 7.4(d).
(f) All time putting on and taking off uniforms.
(g) All time for personal preparation and clean-up.
(h) All off -duty time spent in vehicle and equipment.
11
All time worked for which unit employees have already
been paid at one and one-half (1/2) times their regular
rate of pay within their seven (7) day work period.
All time assigned on uncontrolled standby assignment
and/or assigned recall devices.
Any time not authorized as work time under FLSA.
7.5 Call Back Pay: Call back duty occurs when an employee is
requested/ordered and thereafter reports to work on a non -regularly
scheduled work shift. Call back pay does not occur when an
employee is held over from his/her prior work shift. An employee
called back to duty shall be credited with a minimum of one (1)
hour of work commencing upon reporting to work. Any hours worked
in excess of one hour shall be credited on an hour -for -hour (or
portion thereof) basis for actual time worked.
ARTICLE VIII
Membership
8.1 All unit members who are members of PERC in good standing on
the date this agreement becomes effective shall maintain their
membership in PERC for the duration of the agreement.
Any dispute as to dues deduction under this Article shall be
between unit members and PERC. PERC shall defend and hold the City
harmless against any and all claims by unit members, including all
legal fees and other expenses arising out of dues deductions under
this Article.
ARTICLE IX
Layoff Procedure
9.1 Seniority: When the City orders a reduction in the work
force, the layoff of unit members shall be based upon seniority
within the classification.
9.2 Seniority Date: A unit member's seniority date shall be the
first day he rendered service for the City. The seniority date of
a returning unit member, after resignation or termination, shall be
the first working day after the break in service.
9.3 Introductory Employees: Unit members on introductory status
(new employees and promotional employees) shall be laid off before
permanent employees in the same classification.
9.4 Ties in Seniority: Unit members in the same classification
with equal seniority shall be laid off based upon past performance
ratings and relative ability as determined by the City.
12
9.5 Voluntary Reduction in Rank: A unit member who is subject to
layoff may, in lieu of layoff, choose to take reduction to a lower
classification, provided he give written notice to his department
head ten (10) calendar days after receiving a notice of layoff. In
order to exercise bumping rights, the unit member must have
previously served in the lower classification, and he/she must have
seniority over the unit member displaced.
9.6 Notice: The City shall give affected unit members written
notice fourteen (14) days prior to the effective date of the
layoff. Under emergency circumstances, the notice period may be
shortened.
9.7 Re-employment: Unit members laid off or taking voluntary
reduction in service shall be re-employed in the inverse order of
their layoff or reduction in rank. Unit members laid off or taking
a voluntary reduction in rank shall be maintained on the re-
employment list until such unit member once refuses to accept
reinstatement or for two (2) years, whichever occurs first.
ARTICLE X
Grievance Procedure
10.1 Grievance: A "grievance" shall mean a written allegation by
a unit member that a violation, misinterpretation or misapplication
of the specific terms of the MOU has occurred.
10.2 Representatives: The unit member, administrator or City may
be represented during any step of the procedure, except the
informal conference, by any person designated by such party to act
in his/her behalf.
10.3 Days: Reference to days regarding time periods in the
procedure shall mean work days. A work day is defined as all week
days (Monday through Friday) not designated as holidays under the
teams of this MOU.
10.4 Time Limitation and Waiver: A grievance shall not be valid
unless it is submitted to the City's designee, on the prescribed
form setting forth the facts and the specific provision of the MOU
allegedly violated and the particular relief sought within fifteen
(15) days after the date the event giving rise to the grievance
occurred. Failure to appeal a grievance from one level to another
within the time periods provided shall also constitute a waiver of
the grievance.
Failure by the City's representative to issue a decision within the
time periods provided herein shall constitute a denial of the
grievance and the grievant may appeal to the next level. The
13
City's representative, prior to issuing a decision at Step one (1)
or Step two (2), shall meet with the grievant and his/her
representative, if any.
10.5 Informal Conference: Prior to filing a grievance, the unit
member must discuss the grievance with his/her immediate supervisor
to adjust the alleged grievance informally.
10.6 Step 1: If the grievance is not resolved through the informal
conference with the immediate supervisor, the unit member must file
a grievance with his/her department head within the time prescribed
in paragraph 10.4. The department head shall give his written
decision to the grievant within ten (10) days after receipt of the
grievance.
10.7 Step 2: If the grievance is not resolved at Step 1, the
grievant shall have five (5) days after receipt of the Step 1
decision to file a written appeal to the City Manager.
The City Manager shall give his written decision to the grievant
within ten (10) days after receipt of the appeal.
10.8 Mediation: After a decision is issued at Step 2, and prior to
appeal to Step 3, the parties may jointly agree to submit the
dispute to the State Conciliation Service for mediation. If the
dispute is not resolved in mediation, the grievant shall have five
(5) days after the meeting date with the mediator to appeal to Step
3.
10.9 Step 3: In the event the grievance is not resolved at Step 2
or mediation, the grievant shall have five (5) days after the
receipt of the Step 2 decision or five (5) days after the last day
of mediation, whichever is applicable, to file a written appeal
with the City Manager for a hearing before the City Council. Such
appeal shall be filed with the City Clerk no later than the next
regular scheduled council meeting. The City Council shall give the
grievant written notice of the date and time of the hearing which
shall be conducted within forty-five (45) days after such notice is
given.
10.10 Hearing Procedure: The hearing shall be conducted before
the City Council in executive session. Both parties may call
witnesses, cross examine witnesses and introduce exhibits into
evidence. The mayor or his designee shall determine matters of
procedure and rules on questions of evidence. The grievant may, if
he/she chooses, be represented by counsel or other person of
his/her choosing.
14
10.11 Final Decision: Within twenty (20) days after the hearing,
the Council shall give its written decision to the grievant, which
decision shall be final and binding.
ARTICLE XI
Non -Discrimination
11.1 The provisions of the MOU shall apply to all persons covered
by this MOU without discrimination on account of sex, age, race,
color, national origin, or creed; nor will there be discrimination
in respect to hiring and retention or any condition of employment
because of membership in or activities on behalf of the Union.
11.2 The Union has no restrictions on membership based on sex,
age, color, race, national origin, or creed.
ARTICLE XII
Completion of Meet and Confer
12.1 During the term of this agreement, the parties shall not meet
and confer with respect to any subject or matter whether or not
referred to in this MOU, unless mutually agreed otherwise. The
CITY has requested, and the ASSOCIATION has agreed to meet and
confer during the period of this Agreement for the proposed
implementation of Personnel Rules & Regulations, Resolution for
recognition of Employee Organizations, American with Disabilities
Act procedures, Policies for a Drug Free Workplace proposal,
Voluntary Time Bank Policy, and other policies which may effect
these unit members.
ARTICLE XIII
Savings Clause
13.1 Should any provision of the MOU, or any application thereof,
be unlawful by virtue of any Federal, State or local laws and
regulations, or any court decision, such provision shall be
effective and implemented only to the extent permitted by such law,
regulation or court decision. But in all other respects, the
provisions of the MOU shall continue in full force and effect for
the teLm thereof.
15
PUBLIC EMPLOYEES ASSOCIATION CITY OF SAN JACINTO
OF RIVERSIDE COUNTY, INC.
Repi>esentaiIve City Negotiator
t":„70r0.0.45
Chairman
Date:
16
City Negotiator
Date:
SAN JACINTO
FIREFIGHTERS
ASSOCIATION
MOU
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SAN JACINTO. CA
SAN JACINTO FIREFIGHTERS ASSOCIATION
This Memorandum of Understanding (hereinafter "MOU") is entered into between the City
of San Jacinto (hereinafter "CITY") and the San Jacinto Firefighters Association
(hereinafter "ASSOCIATION") pursuant to the provisions of the Myers-Millias-Brown Act.
This MOU shall be effective for the period from July 2nd 4-994 1992, up to and including
June 30th, 4992 I994; and thereafter shall continue in effect year -by -year unless one of the
parties notifies the other in writing no later than March 15th, 4-992 1994, of the request to
modify, amend or terminate the Memorandum of Understanding.
ARTICLE I
Recognition
1.1 The CITY recognizes ASSOCIATION as the bargaining agent for all employees of
the Fire Department employed by the CITY, except management, confidential, trainees,
temporary and part-time employees,
ARTICLE IT
Management Rights
2.1 It is understood and agreed that the CITY retains all of its powers and authority to
direct, manage and control to the full extent of the law. Included in but not limited to those
duties and powers are the exclusive right to: determine its organization; direct the work of
its employees; assign work not expressly covered by job description, determine the times and
hours of operation; determine normal working hours and tu schedule shifts accordingly;
determine the kinds and levels of services to be provided, and the methods of providing
them; establish its municipal policies, goals, and objectives; make technological
improvements; determine staffing patterns; determine the number of kinds of personnel
required; maintain the efficiency of CITY operations; build, move or modify facilities;
establish budget procedures and determine budgetary allocations; determine the methods
of raising revenue; contract out work in accordance with law; determine the procedures and
standards of selection for employment and promotions; establish and enforce dress and
grooming standards, determine the content and intent of job classifications; determine style
and/or types of CITY issued wearing apparel, equipment or technology to he used; establish
and modify productivity arid performance 'programs and standards; establish employee
performance standards including, but not limited to, quality and quantity standards and to
require compliance therewith; and to take any action necessary to meet conditions of any
emergency nature, provided that the ASSOCIATION shall be afforded the opportunity to
meet and confer concerning the necessity of any such action if inconsistent with this MOU.
In addition, the CITY retains the right to hire, classify, assign, evaluate, promote, terminate,
transfer and discipline employees.
2.2 The City Manager may lay off a unit member because of shortage of work, lack of
funds, material changes in duties or organization or other valid reasons,
2.3 The CITY has the exclusive right and authority to schedule work and/or overtime
work as required in the manner most advantageous to the CITY.
2.4 The exercise of the foregoing powers, rights, authority, duties and responsibilities of
the CITY, the adoption of policies, rules, regulations and practices in furtherance thereof,
and the use of judgment and discretion in connection therewith, shall be limited only by the
specific and express terms of this MOU, and then only to the extent such specific and
express terms are in conformance with law.
2.5 The City Manager and Department Heads have and will continue to retain exclusive
decision -making authority on matters nut specifically and expressly modified by specific
provisions of this Memorandum, and such decision -making shall not be in any way, directly
or indirectly, subject to the grievance procedure contained herein.
ARTICLE III
Retire_ment
3.1 Salary Schedule
(a) Effective July 1st, 1991, the CITY agrees to contribute 7% of full-time unit
members of employee ' s PERS contribution, per section 20615 of the Government Code.
(b) The salary schedules applicable to full-time unit members during the term of
the MOU shall be as provided in Attachment "A".
ART1CLE IV
Basis Compensation Man
tliorgfter
•ran&e"
,
e
agp,.2:00kgigt44011;i0:effectiyp::44rjog 10.00*
,:and in rpur.Ld by rthrence,.
4.1 4.2 Eligibility For Merit Salary Advz-incement:
(a) Salary _Step Increases: Salary step increases shall be considered on a merit
basis only, and then only at the following times, and in accordance with Section 472
below.
4,2 4:3 Qualification For Salary Advancement
(a) Advancement shall not be automatic, but shall he based upon merit,
dependent upon increased service value of an employee to the CITY as exemplified by
recommendations of his/her supervisor, length of service, performance record, special
training undertaken and other objective evidence,
(b) Only employees rated as meeting the standard of work performance expected
of the ,CITY employees shall qualify to advance to the salary steps'(13), (C), (D) and (E)
0440:Alic.i4(4"AtiWiliCh:::eachaffeeted'''''
matt inrses
4. 44 Merit Evaluation
(a) Every employee shall receive all objective, written job performance evaluation
no sooner than three (3) weeks before, nor more than five (5) working days after the date
of eligibility for each salary step merit longevity or hourly increase, and annually thereafter,
and upon a change of employment status. Nothing in this section shall prohibit the
department head from authorizing a supervisor to provide any additional objective
evaluation(s) to an employee between the periods of tinic stated in this section.
(b) It shall be the duty of the department head to delegate the responsibility of every
employee Is evaluation to that level of supervision having inunecliate knowledge of the
employee ' s work, An employee shall be evaluated by his/her immediate supervisor, which
evaluation shall be reviewed by the department head.
(c) Probationary employees whether their status is new hire, promotion, demotion
or change of classification shall be given a written job performance evaluation every three
(3) months during the probationary period.
4-4 45 Salary Step Reduction: Whenever an employee s work performance falls
below the level for which a step increase was granted, an employee s authorized pay may
be reduced to the employee ' s previous step rate under written procedures established by
the CITY for demotions and reduction ill pay.
3
4 S Eligibility_for Promotion Increases: Any employee receiving a promotion shall
start on the first salary step of the salary schedule for the class to which he/she is promoted
and be eligible for merit increases as elsewhere provided. If the first salary step of a
promoted employee ' s new position is compensated at less than, or the same as, the
employee ' s former salary step, then the employee is new salary step shall be at least one
step above the previous step,
476 4. Probationary Period: All Non -Sworn and Sworn personnel shall be subject to
a twelve (12) month probationary period prior to consideration of regular status with the
CITY. An employee not meeting the T11111l11111M standards of job performance may be
terminated at any time during the probationary period.
ARTICI.E V
Benefits
5.1 _Uniform Allowance: Effective July I, 1991, the CITY shall contribute $420.00 per
year as a uniform cleaning/replacement allowance for all Sworn and Non -Sworn unit
members required by the CITY to wear uniforms. Each employee receiving uniform
allowance shall at all times have available a clean regulation uniform for purposes of call
out. Uniform allowance shall be prorated at $35,00 per month for new employees hired
after July 1, 1991. Uniform allowance shall be paid once per year. Payment for this
contract year will be made in advance on July 1, 1991. Should a unit member ' s
employment be terminated for any reason, the prorated allowance for the remaining portion
of the fiscal year shall he deducted form any pay or benefits due to said unit member on
termination. frof:iy.p::jub.q41.99;'?:rtie.`::07V:aig;010.0b*::$0Ps0t.::$1.64f'W.40:0
5.2 Disability & Live Insurance: Full-time unil members shall be entitled to participate
in the Long Term & Short Term disability, Live and Accidental Death, dismemberment
insurance program currently in effect, at CITY expense. No benefits are payable until
exhaustion of all accrued vacation and sick leave.
5.3 WjjJr s Con ns ti n
(a) Sworn: The CITY shall compensate any sworn unit member who is disabled,
whether temporarily or permanently, by injury or illness arising out of and in the course of
his/her duties, in accordance with Section 4850 of the California Labor Code.
5.4 (a) Health Benefits: CITY agrees to provide Health Insurance for each employee,
with availability for employees dependents. Payment for said Health Insurance is outlined
below.
4
Employees may also select coverage in the plan and pay the applicable cost of such
dependent coverage through the payroll deduction procedure.
(b) CYTY will pay a maximum of &I17780 $1291(4 per
month towards the premium of health insurance for the single employee, &2-34-.:14 t2MA
per month for the employee plus one (1) dependent and $311.72 .$y.q.'op per month for the
employee with two (2) or more dependents. EffeNe:TttlyZ1.99-.4g,:wo-:404440*
000t!Fd"
:t*giiidy.40,0:60046: 4380)00
(c) In addition to the health insurance provided above, effective September 1,
1991, CITY will provide optical and dental coverage to each unit member and dependents.
From the date of initial coverage and through June 30, 1992, CITY shall pay the full cost
of assessed premiums, including any increases which may be assessed. Any deductibles
payable under the policies shall be the employee 1s responsibility.
5.5 Tuition Reimbursement:
(a) All affected employees are eligible to receive tuition reimbursement. Courses
must have begun after appointment and be in excess of the educational standards for the
position. An example of this would be job -related college or university courses when the
specification for the classification calls for high school graduate.
(b) Employees shall be reimbursed for tuition, registration fees and texts required
for the eligible courses, Expenses for parking, travel, lodging, meals, processing fees,
transcript fees, materials and any other costs are not rehnbursable.
(c) Employees shall be reimbursed up to the dollar amount charged for the same
number of units per term by California State University, except that those enrolled in
University of California courses shall be reimbursed up to the dollar amount charged for
the same number of units by the UC campus attended. An employee shall not receive
reimbursement in,excess of five hundred dollars ($500.00) in any one fiscal year.
The difference between the C1TY s maximum obligation during any fiscal year and
the amount of any actual reimbursement received by the employee during that fiscal year
shall not be carried over or be available to use by the employee in any subsequent fiscal
year.
(d) Course work must be related to the employee s current occupation or to a
CITY classification to which the employee may be eligible for promotion within the
employee s current job series within the next five years.
(e) Courses must be traditional classroom courses taken at colleges or universities
and approved by the Western Association of Schools and Colleges. Credits given for
5
courses including, but not limited to, life experience, military training, and professional
training are not eligible for tuition reimbursement.
(f) Course work should not duplicate training which the employee has already
had, which is to be provided in-house, or previously taken courses unless special approval
lias been granted by the Department Hcad and the Personnel Department.
(g) Courses may he approved which are required for the completion of the pre -
approved job -related major. An example would be general education or elective
requirements for the major as stated in the school catalog, Remedial courses or those taken
as required for a non -approved major shall not be eligible.
(h) Classes related to the use of purchased CITY -approved computer equipment
may be authorized under the tuition reimbursement program if pre -approval is granted
before commencement of a non -accredited class.
(i) Course work cannot be taken on CITY time and it must be certified that all
courses submitted for approval are taken on the employee's off -duty time.
(j) A pre -approval form should be submitted to the Department Head and to
Personnel before the course work is begun to certify eligibility.
(k) In order to be reviewed, each application must state exactly which units or
credits the employee is applying for and whether the courses submitted are core courses or
recommended electives for the approved major.
(I) Reimbursement shall be submitted within three (3) months of completion of
the approved course with a minimum final grade of "C" or its equivalent. A pass in a
pass/fail course will be considered equivalent to a "C". No reimbursement shall he made
for audited or incomplete courses.
(m) Employees must submit from the attendant institution an original certification
of major, fees paid and grade achieved in order to have their application considered for
reimbursement, These documents must accompany the reimbursement application form in
order to he processed.
(n) Upon termination from employment, employees shall be required to reimburse
the CITY for any funds received under this program for courses completed during the last
12 months of employment. This payback provision does not apply to employees who are
laid off by the CITY or who separate as a result of' a CITY/departmental reorganization.
................
nfiatit t
(992; n affeetetl e ipii yee thereafter certified pursuer'. -ofa
t51 Sparrith. V ue:14.exan ination and a cultural dliersity; t
ltixatst red al ]y at,the discretinn of the .U1TY, ;shall receive..
ncreas?
6.1 Sick Leave$
ARTICLE VI
Leaves
(a) Full-time unit members (working 24 hour shifts) shall accrue sick leave at the
rate of 12 hours (1/2 shift) per calendar month, beginning with the first day of employment.
Unit members hired between the first and fifteenth day of the month shall he credited with
12 hours sick leave for the month of hire; unit members hired between the sixteenth and the
last day of the month shall begin to accrue sick leave on the first day of the following
month, Maximum allowable sick leave accrual shall be 1080 hours.
For the unit members working a regular 8 hour shift, they will accrue sick leave at
the rate of 8 hours per month, beginning with the first day of employment, and credited as
shown in the preceding paragraph, with a maximum allowable sick leave accrual of 1080
hours.
(h) Sick leave with pay shall be allowed by the CITY whenever a unit member's
absence is due to the unit member ' s illness which prevents his/her attendance on the job
and performance of duties on the day(s) of absence.
(c) Each unit member using sick leave must notify his/her immediate supervisor
one hour prior to beginning of his/her work shift. Upon return to work, the employee shall
immediately complete a Payroll Information Form and submit it to the Department Head.
An employee absent on approved sick leave for less than a full shift shall have his sick leave
reduced by the number of actual hours not worked.
(d) The CITY may require a Doctor 's Certificate at any time as proof of illness.
(e) Sick Leave Buy -Back: To qualify, a fire suppression personnel (working 24
hour shifts) must have 432 hours accumulated sick leave on record as of January 1, 199],
"qualification date", (and/or as of January 1 of each succeeding year in order to qualify for
such succeeding year), Once qualified, a unit member may sell up to 72 hours (3 shifts) of
sick leave back to the CITY if, as of the date of Dccernher 15th following the qualification
date, the unit member used 72 hours (3 shifts) or fewer sick hours. lf, throughout the year
following the qualification date, more than 72 hours are used, no buy-back is available. A
7
qualified unit member s option to exercise this buy-back shall be exercised between the
15th day of November and the 1st day of December (if the 1st day of December falls on a
weekend, then the option shall he exercisable on the following Monday) with payment to
be made within 5 business days.
For employees working a regular 8 hour shift, the following sick leave buy-back shall
be available: A unit member must have 192 hours of accumulated sick leave on record as
of January 1, 1991, "qualification date", (and/or as of January 1 of each year). Once
qualified, a unit member may sell up to six (6) clays of sick leave back to the CITY if, as of
the date of December -1st following the qualification date, the unit member used six (6) or
fewer sick days. If, throughout the year following the qualification date, more than six (6)
days are used, no buy-back is available. A qualified unit member Is option to exercise this
buy-back shall be exercised between the 15th day of November and the 1st day of December
(if the 1st day of December falls on a weekend, then the option shall be exercisable on the
following Monday) with payment to be made within 5 business days.
(f) If the absence is due to an off -duty accident, the CITY will require a written
memo from the unit member explaining the circumstances of the accident and the injury.
6.2 Vacations:
(a) Full-time unit members shall accumulate vacation leave in accordance with
the following schedule:
Fire Suppression Personnel Working 74 Hour Shifts:
During the first four (4) years of service, unit members shall accrue 120 hours per
annum (10 hours per month).
In the fifth (5th) through eighth (8th) years of service, unit members shall accrue 144
hours per annum (12 hours per month).
In the ninth (9th) year of service and thereafter, unit members shall accrue 168 hours
per annum (14 hours per month).
Members Working 8 Hour Shifts:
During the first three (3) years of service, unit members shall accrue ten (10)
vacation days per annum.
In the fourth (4th) through sixth (6th) years of service, unit members shall accrue
fifteen (15) vacation days per annum.
8
In the seventh (7th) through tenth (10th) years of service, unit members shall accrue
eighteen (18) vacation days per annum.
After ten (10) full years of service, unit members shall accrue twenty (20) vacation
days per annum.
The accrual schedules set forth above shall be effective as of July 1, 1991.
(b) Unit members hired between the first and fifteenth of the month shall be
credited with the applicable monthly accrual as set forth above; unit members hired between
the sixteenth and the last day of the month shall begin to accrue vacation leave on the first
day of the following month.
(c) It is the intent and purpose of this vacation policy that all unit members have
and take a vacation of all yearly accrued vacation time. Notwithstanding the above, any
eligible unit member, with the consent of the head of his/her department, may request
selling his/her accrued vacation leave back to the CITY. The timing for buy-back of
accrued vacation time will he the same as set forth in Sick Lave (6,1(c).). The maximum
carry over is the previous calendar year's accrual, Vacation hours beyond the eligibility for
carryover and not taken or resold to the CITY shall he lost.
Management shall extend the date upon which an eligible unit member may lose any
earned vacation hours, provided that by actions of management, said unit member was
prevented from taking his earned vacation hours. Said extension shall not exceed six
months. Management and each unit member shall use their best efforts to see that all hours
subject to loss are scheduled and taken within the extension period.
(d) Unit members who terminate employment shall be paid in a lump sum for all
accrued vacation earned prior to the effective date of termination at the hourly rate of pay
at the time of termination.
(e) Unit members shall he eligible to take vacation leave after serving one (1) full
year with the CITY, Under extraordinary circumstances the CITY may, in its discretion,
permit a unit member to take vacation days prior to the completion of one (]) year of
service with the CITY.
6.3 Military Leave: Military leave shall he granted in accordance with the applicable
provisions of State law.
6.4 Jury Leave: Any employee who is called or required to serve as a trial juror shall
be entitled to a leave of absence during the period of such service or while necessarily being
present in court as a result of such call. Under such circumstances, the employee shall be
paid the difference between his/her full salary and any payment received by him/her except
travel pay for such duty.
6.5 Fv'pnded eaves of Absence: The City Manager may, upon written request of a
regular full-time employee, grant a leave of absence without pay for a period not to exceed
one (1) year. Failure on the part of the employee on leave, or within a reasonable time
after notice by the City Manager to return to duty after such leave, shall be cause for
discharge.
6.6 Serious Family Illness: Each calendar year fire suppression unit members may take
up to 48 }tours Serious Family Illness and unit members working a regular 8 hour shift may
take up to 24 hours Serious Family Illness leave in cases where their absence is required due
to sickness or disability in the immediate family. The immediate family means the unit
member spouse, child, parent, brother or sister, and may include a grandparent or
grandchild if residing with the unit member, In emergency situations, additional Serious
Family Illness leave may be granted at the discretion of the City Manager. Serious Family
Illness leave shall be granted by the City Manager when, in the judgment of management
the relationship between the sick or disabled person and the unit member warrants the use
of such leave. Serious Family Illness leave shall not accumulate from year-to-year, Unit
members shall furnish, if required by the Personnel Department, satisfactory proof showing
the nature and extent of the illness or injury to justify the absence.
6.7 Bereavement Leav: Each fire suppression unit member (working 24 hour shifts)
may take up to 55 hours Bereavement leave and each unit member working 8 hour shifts
may take up to 5 days Bereavement Leave in the event of the death of a member of the
immediate family, as defined in Paragraph 6.6, above.
ARTICLE Vll
Holidays
7.1 Unit members working 8 hour shifts shall be granted the following holidays:
New Year's Day (January 1st)
Lincoln's Birthday (February I2th)
Washington's Birthday (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day (July 4th)
Labor Day (1st Monday in September)
Columbus Day (2nd Monday of October)
Veteran's Day (November 11th)
Thanksgiving Day and the day after (4th Thursday in November and the day
after)
Christmas Day (December 25th)
7.2 Employees working 24 hour shifts shall be entitled to 132 hours per calendar year as
Holiday Pay. This is to be paid at straight time, on or before December 20th, For purposes
10
of this MOLT, Holiday Pay shall accrue from January 1, 1991, excepting employees hired
after January 1, 1991 whose Holiday Pay shall accrue for only such holidays occurring after
the date of hire (prorated at 12 hours per holiday),
7.3 For employees working 8 hours shifts, when a holiday falls on a Saturday, the
preceding Friday shall be observed as a holiday. When a holiday fails on a Sunday, the
following Monday shall be observed as a holiday.
If a holiday occurs on a day which is the employee's regular day off, he/she shall be
entitled to holiday pay in the amount of eight (8) hours at straight time.
At the discretion of the Department Head, all non -essential employees may be given
the holiday off with pay in lieu of receiving additional holiday pay.
ARTICLE VII1
Overtime
8,1 Overtime: Overtime will be paid in accordance with the minimum provisions of the
Fair Labor Standards Act for fire suppression personnel. Overtime will be paid at the end
of each pay period for all overtime earned during such pay period.
8.2 Emerney C II- ack: A minimum of 1 hour shall be paid to unit members called
back to duty (at times other than their regular scheduled shift) for emergency purposes.
"Emergency purpose" shall be when the unit members' service is required in response to
actual fire, medical emergency or other emergency response. All hours worked in
emergency call-back shall be paid at the overtime rate,
8.3 Vacation, Sick and Compensation time off shall not be considered time worked for
the computation of overtime. Unit members called back for non -emergency purposes (i.e.
to fill vacant shifts due to others on vacation, sick -leave etc., or for training or meetings,
etc.) shall not be entitled to receive overtime until minimum hours are met pursuant to
FLSA standards, Non -emergency call buck shall not be paid at overtime rates even should
an "emergency" occur during the call -hack shift, except for such hours worked in -excess of
minimum FLSA standards.
ARTICLE IX
Personnel Reduction Procedure
9.1 Seniority; When the CITY orders a reduction in the work force, the layoff of unit
members shall be based upon seniority within the classification.
11
9.2 Seniority Date: A unit member s seniority date shall be the first day he/she
rendered service for the CITY, The seniority date of a returning unit member, after
resignation or termination, shall be the first working day after the break in service.
9.3 Introductory Employees: Unit member on introductory status (new employees and
promotional employees) shall be laid off before permanent employees in the same
classification.
9.4 Tim in Seniority: Unit members in the same classification with equal seniority shall
be laid off based upon past performance ratings and relative ability as determined by the
CITY.
9.5 Voluntary Reduction in Rank: A unit member who is subject to layoff may, in lieu
of layoff, choose to take a reduction to a lower classification, within the department
provided he/she gives written notice to his/her Department Head within ten (10) calendar
days after receiving a notice of layoff. In order to exercise bumping rights, the unit member
must have previously served in the lower classification, and he/she must have seniority over
the unit member being displaced.
9,6 Notice: The CITY shall give affected unit members written notice fourteen (14) days
prior to the effective date of the layoff. Under emergency circumstances, the notice period
may be shortened.
9.7 ate -employment: Unit members laid off or taking voluntary reduction in service shall,
be re-employed in the inverse order of their layoff or reduction in rank. Unit members laid
off or taking a voluntary reduction in rank shall be maintained on the re-employment list
until such unit member once refuses to accept reinstatement.
AK'fICLE X
Grievance Procedure
10.1 Grievance: A "grievance" shall mean a written allegation by a unit member that a
violation, misinterpretation, or misapplication of the specific terms of this MOU has
occurred.
10.2 Representatives: The unit member, administrator or CITY may be represented
during any step of this procedure, except informal conference, by any person designated by
such party to act on his/her behalf.
10.3 Days: Reference to "days" regarding time periods in the procedure shall mean
calendar clays. A "work day" is defined as all week days not designated as holidays under
the terms of this MOU.
12
10.4 T mit° ; A grievance shall not be valid unless it is submitted
to the Crry is designee, on the prescribed form setting forth the facts and the specific
provision of the MOU allegedly violated and the particular relief sought within fifteen (15)
days after the date the event giving rise to the grievance occurred. Failure to appeal a
grievance from one level to another within the time periods provided shall also constitute
a waiver of the grievance. Failure by the CITY ' s representative to issue a decision within
the time periods provide herein shall constitute a denial of the grievance and the grievant
may appeal to the next level. The CITY ' s representative, prior to issuing a decision at Step
One (1) or at Step Two (2), shall meet the grievant and his/her representative, if any.
10,5 InAirinal Conference: Prior to filing a grievance, the unit member must discuss the
grievance with his/her immediate supervisor to adjust the alleged grievance informally,
10.6 Step 1: if the grievance is not resolved through the informal conference with the
immediate supervisor, the unit member must file a grievance with the Fire Chief or the Fire
Chief s designee with the time prescribed in Paragraph 10.4. A written decision shall be
given to the grievant within ten (10) days after receipt of the grievance.
10.7 Step 2: If the grievance is not resolved at Step 1, the grievant shall have five (5) days
after receipt of the Step 1 decision to file a written appeal to the Fire Chief.
The Fire Chief shall give his/her written decision to the grievant within ten (10) days
after receipt of the appeal.
10.8 Stepea: If the grievance is not resolved at Step 2, the grievant shall have five (5) days
after receipt of the Step 2 decision to file a written appeal to the City Manager.
The City manager shall give his/her written decision to the grievant within ten (10)
days after receipt of the appeal.
10.9 Mediatio: After a decision is issued at Step 3, and prior to appeal to Step 4, the
parties may jointly agree to submit the dispute to the State Conciliation Service for
mediation. If the dispute is not resolved in mediation, the grievant shall have five (5) days
after the meeting date with the mediator to appeal to Step 4.
10.10 Step 4: In the event the grievance is not resolved at Step 3 or mediation, the
grievant shall have five (5) days after receipt of the Step 3 decision or five (5) days after the
last day of mediation, whichever is applicable, to file a written appeal with the City Manager
for a hearing before the City Council. Such appeal shall be filed with the City Clerk no
later than the next regular scheduled council meeting. The City Council shall give the
grievant written notice of the date and time of the hearing which shall he conducted with
forty-five (45) days after such notice is giveu.
13
10.11 Hearing Procedure: The hearing shall be conducted before the City Council in
executive session. Both parties may call witnesses, cross examine witnesses and introduce
exhibits into evidence. The Mayor or his designee shall determine matters of procedure and
rules on questions of evidence.
The grievant may, if he/she chooses, be represented by counsel or other person of
his/her choosing,
10.12 Final Decision: Within twenty (20) days after the hearing, the City Council shall give
its written decision to the grievant, which decision shall be final and binding.
ARTICLE XI
Non -Discrimination
11.1 The provisions of the MOU shall apply to all persons covered by this MOU without
discrimination on account of sex, age, race, color, national origin, or creed; nor will there
be discrimination in respect to hiring and retention of any condition or employment because
of a membership in or activities on behalf of the ASSOCIATION,
11.2 The ASSOCIATION has no restrictions on membership based on sex, age, color, race
national origin, or creed.
ARTICLE XII
Completion of, Meet _and Confer
12.1 During the term of the MOU, the parties shall nut meet and confer with respect to
any subject or matter whether or not referred to in this MOU, unless mutually agreed
otherwise.
12.2 4,-0.pener-!—If-p-ri-or-fo July 1, 1992, the CITY ;7111111 grant
to any other bafgeining unit within Said CITY, then CITY agrees'
with ASSOCIATION upon the isAte of wag and salary.
11.*,443rtOf60:i:iioorii.,Itii)4:00P601410i''406PtiPP.::PtHtilllOqu''''''''''4YPeronn1•
at.
frioottigArogi6Otig, p e0Liti5 ::4gt01041t
14
tiahcc hereto as AppendLx:: :,''„Ttie:parnes2gree•:thtlt th
ARTICLE XIII
Savings Clause
13.1 Should any provision of the MOU, or any application thereof, be unlawful by virtue
of any Federal, State or local laws and regulations, or by any court decision, such provision
shall be effective and implemented only to the extent permitted by such law, regulation or
court decision. But in all other respects, the provisions of the MOU shall continue in full
force and effect for the term thereof.
13.2 Should legislation be enacted that would effect a penalty (monetary or otherwise)
upon CITY for having extended salary/benefits to CITY employees that exceed those
extended or granted by the State of California to its own employees, then it is hereby agreed
that this MOU shall be amended as necessary to avoid such penalty to CITY, even should
such amendment result in a reduction of salaiy/benefits to Cl'I'Y employees. It is
understood that the parties hereto may be required to meet and confer with regard to the
implementation of conditions necessary to effect the purposes of this paragraph.
SAN JACINTO FIREFIGIITERS CITY OF' SAN JACINTO
Representative City Manager
„Cr:
Representativ City Negotiator
/
Date: v( //i Date:
- 13
Appendix A
STEP
3.5 40
4,5 58
25
1203
1233
1.263
1,295
1.327
1361
1,28
1/430
1/469
1.502
1.530
1,578
1,017
-
1658
1,699
1,742
26
1,233
1.263
1,205
1,327
1,361
1,398
1/430
1,405
1.502
1.530
1.578
1617
1,658
1,699
1,742
1.795
27
1.263
1295
1.327
1,361
1,395
1/430
1,465
1,602
1,539
1.578
1.017
1,658
1.699
1742
1785
1]830
28
1,209
1.327
1.361
1�395
1/00
1,405
1.502
1,539�
1,578
1.07
1,658
1�698
1742
1,785
1,80
1,870
29
1,327
1,361
1.395
1,430
1,465
1,502
1,539
1,578
107
1,658
1,698
1,742
1J85
1/8w
1,870
1,923
30
1,361
1395
1/438
1405
1.502
1,539
1,50
1,617
1.658
1:630
1742
1,08
1.830
1.06
1,923
1,971
31
1395
1/430
1/469
1.502
1530
1.578
1,617
1.654
1,699
1,742
1385
1,830
1,876
1.923
1.071
2,02
32
1430
1/466
1,502
1,538
1,578
1,617
1,658
1,688
1,742
1,785
1,a0
1,876
1,923
1,971
2,020
2,070
33
1,465
1,502
1,539
1.E0
1,617
1,658
1,690
1,742
1385
1,830
1.876
1,923
1,971
2,020
2,070
2.122
34
1.502
1,539
1,578
1.517
1.658
1,698
1.742
1,785
1830
1,876
1,923
1,971
2,020
2.070
2.122
2,175
35
1,539
1.578
1.817
1,658
1,699
1,742
1J85
1,80
1,876
1,923
1,971
2,020
2,070
2.122
2.175
2.230
36
1,578
1,617
1.858
1.699
1,742
1JB5
1,830
1,876
1,923
1,971
2,020
2,070
2,122
2,175
2,230
2,286
37
1617
1.658
1.699
1742
1J85
1,80
1,876
1�923
1,971
2,020
2,070
2,122
2.175
2,230
2,285
2,342
88
1,658
1,699
1,742
1,785
1.B30
1.B76
1,923
1,971
2,020
2,122
2,175
2.20
2,285
2,342
2,401
lQ
1,699
1,742
1J86
1]830
1,876
1,923
1,971
2,020
2,070
2.122
2,175
2,230
UM
2,342
2,401
2/461
40
1.742
1:785
1.830
1;876
1,923
1.971
2,020
2,070
2,12.2
2,175
2,230
2,285
2,342
2,401
2,461
2,523
41
1.785
1,80
1,876
1,923
1,971
2,020
2,070
3.122
2,176
2230
2,2a5
2,342
2/401
2,401
2,523
2,588
42
1,830
1.876
1.923
1.971
2MO
2,00
2.122
2.173
2.20
2,285
2.342
2.401
2.461
2,523
2.586
2,650
43
1,87
1:923
1,971
2,020
2,070
2.122
2.175
2,230
2,285
2,342
2/401
246
2;523
2,586
2650
2717
44
1,923
1.871
2,020
2,070
2.122
2.175
2.230
2.2a5
2.342
2,401
2.461
2.523
Z586
1650
2,717
2,04
45
1,971
2,020
2,070
2.122
1175
2;230
2285
2342
2/401
2/461
2,523
2,586
2u50
2717
27A4
204
46
2.020
2,078
2.122
2,175
220
2185
2.342
2.401
2,461
2.58'�
2�6
2�B]
2.717
2784
2.4
�
2�25
47
2.070
2.122
2.175
2.230
2,285
2,242
2.401
2.481
2'923
2.�0
2,054
2717
2,784
2,854
2,925
2.999
48
2,122
2.175
2.230
2.286
2.342
2,401
2461
2.523
2.586
2.650
2.717
2784
2,854
2.925
2,999
3.073
49
2,175
2.230
2.286
2.342
2.401
2,461
2,623
2,586
2.060
2.717
2.7O4
2.a54
2.025
2`090
3.03
3.160
80
2.230
2.205
2.342
2^401
2.461
2`523
2'586
2.658
2,717
2,784
U54
2.825
2.998
3.073
3.150
3.229
51
2.285
2.342
2.401
2,461
2,523
2,586
2.658
2.717
2.784
2.854
2,925
2,999
3.873
3.150
3,229
3.310
92
2,342
2,401
2,4612.523
2'586
2.858
2.717
2.7B4
2.a54
2.825
2.099
3.073
3,150
3.239
3.310
3.393
53
2.401
2.461
2.523
2.SM
2^650
2.717
2.784
2,854
2,925
2,898
3,0733.150
3.228
3.310
3,393
3,477
54
2.481
2,523
2586
2.650
1717
2.784
2.&54
2,925
2'939
3.073
3.160
3.228
3.310
3.383
3.477
3.564
55
2.523
2.586
2,050
2,717
2.784
2,&94
2.925
2.999
3.073
3.150
3.229
3.318
3,393
3,477
3.564
3.653
66
2.50
2.850
2.717
2.784
2,&94
2,925
2,9393.073
3.150
3.220
3.310
3.393
3477
3,-%4
3.6E3
3.745
57
2.660
2.717
2.784
2.854
2.825
2.999
3.073
3.150
3.228
3.310
3.283
3.477
2.564
3.653
3.745
3.&38
58
2.717
2.784
2,854
2;925
2.999
3.073
3.150
3.229
3.310
3,393
3,477
3,564
3.653
3.745
3, &0
3.934
59
2794
2.854
2.925
2,999
3,073
3.150
3.228
3.310
3.303
3.477
3,564
3.653
3746
3,8M
3.934
4.038
60
2,854
2,925
2.909
3.073
3,150
3.229
3.310
3.393
3.477
3.564
3.663
3.745
3.830
3,9341
4.033
4,130
0
2.929
2,999
3.073
3.150
3.228
3.310
3.393
3.477
3.564
U53^3.745
3.&38
3.934
4.033
4.133
4.237
62
2.999
3.073
3.154
3,229
3.310
3`393
3.477
3.564
3,063
3.745
3.&18
3.934
4`033
4.133
4.237
4,348
63
3.073
3.150
3.229
3.310
3.393
3.477
3.564
3.653
3.745
3.838
3.934
4.033
4.133
4,237
4,343
4,451
64
3'150
3229
3.310
3.390
3.477
3.564
3.068
3.748
3.838
3.334
4.033
4.133
4.237
4.343
4.451
4.563
66
3.228
3.310
3,393
3.477
3,564
3,663
3.745
3.V8
3.934
4.033
4.133
4,237
4.343
4,451
4.563
4.577
86
3.310
3.393
8.477
3.564
3.653
3.745
3.838
3.934
4.033
4.133
4.237
4,343
4,451
4,563
4.677
4.704
57
3.393
3.477
3.564
8.663
3,745
3.838
3.934
4,033
4.133
4.237
4'343
4.461
4.963
4.677
4.704
4.913
6D
3.477
3.564
3.653
3.746
3:830
3.934
4,033
4.133
4,237
4.343
4.451
4.563
4.877
4.794
4.813
5.036
59
3.564
3.663
3.745
3.838
3,934
4.033
4.133
4.237
4.343
4.451
4.563
4.677
4,794
4,313
5.036
5.162
70
3`653
3.745
3.&38
3.934
4.033
4.133
4,237
4.343
4,451
4.563
4.077
4.704
4,913
5,036
5.102
5.291
71
3.745
3X3Q
3.034
4.033
4.133
4.237
4.343
4.451
4,563
4.677
4.794
4.913
5.038
9.102
9.291
5.423
72
3.B38
3.034
4,033
4.133
4,237
4,343
4,461
4.563
4,677
4.794
4,913
5,030
5.162
5.291
5.423
5.550
73
3.934
4.033
4.133
4.237
4,343
4,451
4,563
4:877
4.794
4.913
5,036
5162
5,291
5.423
5.558
5.688
74
4.033
4,133
4.237
4.343
4.451
4.563
4,677
4,794
4.813
5.036
5,182
5,291
5,423
5659
5,098
5.B40
75
4.133
��2�7_4��8
4.�51
�.553
4��77
4.TV4
4��1�5.O3G
5�1�2�5,291
5,423
5.559
5.098
5.840
5.987
Firefighter MOU
[Based on 2756 Hours)
EffundveU7@2/92
Appendix B
2
3
4
5
25
11430
1'602
1,578
1,668
1,742
26
1.465
1'539
1,617
1,599
17D5
27
1.502
1.50
|,658
1,742
1,&0
28
1.530
1.07
1,699
1.78,5
1,876
29
1,578
1,658
11.742
1.B30
1,923
30
1,617
1,690
1.7a8
1,876
1,971
31
1,658
1,742
1,&30
1.923
2,020
32
1,699
1.05
1,876
1.971
2,070
33
1.742
1,a3O
1.923
2.00
2.122
34
1.W
1,876
1.971
2,070
2,176
35
1,8W
1,923
2,020
2122
2,230
36
1.876
1.971
2.070
2.175
2.2a5
37
1.923
2,020
2,122
2230
2,342
38
1.971
2.078
2.175
1.2a5
2.401
39
2,020
2.122
2,20
2,342
2,461
40
2.070
2.175
2.285
2401
2,523
41
2.122
2.230
2.342
2.481
2,586
42
2.175
2.2B5
2,401
2.523
2.650
43
2230
2,342
2,401
2,58U
2717
44
2.285
2,401
2,50
2,80
2.04
45
2.242
2.461
2.00
2,717
2.854
46
2.401
2.523
2,650
2.7E4
2,925
47
2.461
2.586
2.717
U54
2.999
48
2,523
2.650
2,784
2.923
3.073
40
2,586
2,717
Z854
2.999
3,150
50
2'080
2.784
2.025
3,073
3,220
51
2717
2.B54
2.990
3.150
3.310
52
2.784
2.825
3.073
3.229
3.393
B
2,854
2,809
3.150
3,310
3477
54
2,925
3.073
3.229
3.393
3,564
55
1.899
J.150
3.310
3,477
3.653
66
3,073
3,229
3.393
3.564
3.745
57
3,150
3.310
3,477
3.653
1838
E8
3.229
3.393
3.564
3.745
3,034
69
3.310
3.477
3.653
3.a38
4.033
60
3,393
3.564
3.745
3.934
4.133
61
3,477
3.853
3.8M
4.033
4,237
02
3.564
3.745
3.934
4.133
4.343
63
3.653
3.a3@
4.033
4.237
4.451
64
3.745
3.934
4.138
4.343
4.563
05
3.838
4.833
4,237
4.451
4.677
86
3.834
4.133
4.343
4,563
4.794
67
4.033
4.237
4.451
4.677
4.813
68
4.133
4.343
4.563
4,794
3,036
09
4.237
4.451
4.677
4,913
5,162
70
4.343
4,563
4.794
5.036
5,291
71
4.451
4.077
4,913
5,162
5,423
72
4.563
4.794
5.030
6,281
5,550
73
4.677
4.013
5.162
5.423
5.698
74
4.794
5.038
5,291
5.558
5.848
75
4.913
5.162
5.423
5.698
3,987
ADDENDUM
Provision of a Cultural Diversity Program is the responsibility of the City.
Bilingual pay shall not. be withheld because City sheduling of Cultural Diversity Program is not
concurrent or prior to bilingual testing.
Bilingual testing is voluntary.
An individual tested for bilingual ability from the 1st of the month to the l5th shall be compensated
for the full month. An individual tested for bilingual ability from the 16th to the end of the month
shall receive half bilingual pay.
Refusal to attend a Cultural Diversity Program will result in suspension of bilingual pay status.
MANAGEMENT/
CONFIDENTIAL
RESOLUTION
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA,
RELATING TO SALARY RANGES AND BENEFITS FOR EXECUTIVES,
SUPERVISORS, MIDDLE MANAGERS AND
CONFIDENTIAL EMPLOYEES
WHEREAS, in the organizational structure of the City of San
Jacinto involving the chain of responsibility and authority,
it is desirable to establish and define the limits of the
personnel defined as department heads, division heads, first
line supervision, and confidential employees; and
WHEREAS, it is agreeable and desirable to define the
responsibilities and benefits to be derived by such personnel;
and
WHEREAS, it is the intent of this resolution to set forth and
clarify practices and procedures with regard to the groups,
and nothing contained herein shall be deemed to supersede the
City's Merit Personnel System, including personnel ordinances
and resolutions, unless otherwise specifically addressed
herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of San Jacinto affirms that:
SECTION I - The following employees are covered under this
resolution and is in accordance with the Fair Labor Standards
Act:
CLASS A - Executive
City Manager Police Chief
Director of Finance Fire Chief
Director of Community Development Public Works Director
CLASS B - Middle Managers
Assistant to the City Manager Water Field Supt.
Police Lieutenant Public Works Supt.
CLASS C - Supervisor
Police Sergeant
Senior Planner
Information Planner
Resolution
Page Two
The following positions are designated as confidential
positions and are subject to the herein:
CLASS D - Confidential Employee
Administrative Secretary I
Administrative Secretary II
Deputy City Clerk
Executive Secretary to the City Manager
SECTION II - The purpose with which a Management Team is
established is as follows:
1. To recognize the character of the management positions and
incumbents as distinct from the classified employees.
2. To promote further identification of a Management group
and understanding of associated roles and responsibilities.
3. To promote commitment by management personnel to goals and
objectives to the City Council as directed by the City
Manager.
4. To establish a system of compensation for management
personnel with competitive salary levels.
5. To give recognition to the impact of the employee on the
job and recognize specific performance levels.
6. To create performance orientation for management personnel
and encourage their contribution towards the goals.
7. To offer the highest possible caliber of public servants.
SECTION III - Participative Management Team Concept
1. Responsibility to participate in the on -going decision -
making process.
2. A responsibility to promote a cohesive approach to the
performance of departmental duties and resolution of City
problems by Management Team participation.
3. Opportunity expand personal horizons in a climate of
innovation.
4. Opportunity to service on City-wide Task Forces as
approach to City problem -solving.
5. Management and confidential personnel shall not represent
employee bargaining units in employer -employee discussions.
Resolution
Page Three
6. Management personnel are expected to devote as much time
as is necessary to perform their particular duties regardless
of emergencies, work stoppages or the normal work demands of
the city.
SECTION IV - Confidential Employees
A. Policy Statement
The purpose of classifying employees as "confidential"
separate and distinct from other employee units is to
assure that the City of San Jacinto should not be
required to deal with employees concerning labor
relations matters when employees have access to
confidential labor relations information of the City's
position prior to contract negotiations.
Confidential information concerning contract negotiations
is deemed by the City to be of such nature that there
should be no disclosure to any third parties except by
judicial process.
B. Definition
Confidential information is any information designated by
the City Manager or his/her designee to be of such
sensitive nature that disclosure of which would adversely
affect the interests of the City.
C. Prohibited Conduct
1. Any dissemination by any confidential employee to
any unauthorized third party is prohibited unless
expressly authorized by the City Manager or his/her
designee.
2. This prohibition applies to not only the employees
involved in the formulation of the confidential
information, but those employees who have clerical
responsibilities ancillary thereto.
Dissemination is prohibited to parties within and
outside of City employment.
D. Violation of Policy
Any confidential employee who disseminates confidential
information in violation of this General Order shall be
subject to severe disciplinary action, up to and
including termination of their services.
Resolution No.
Page Four
SECTION V - Performance Evaluation Criteria and Process
A. PERFORMANCE EVALUATIONS WILL BE CONDUCTED ANNUALLY.
COMPETENT AND MERIT ZONES
1. Overall contributions of the management employee in
solving problems, satisfying needs and desires of the
community in service areas for which the department is
responsible.
2. Degree to which basic management functions such as
planning, organizing, coordinating, budgeting and
supervising departmental activities are performed in an
efficient manner.
3. Extent of cooperation and efficiency shown with
public and City staff.
4. Extent to which agreed -upon departmental goals and
objectives are achieved.
5. Quality and professionalism of staff under
departmental direction and the state of employee morale
within the department.
6. Number and impact of procedure and techniques
initiated for cost -saving and/or efficiency purposes.
7. Efforts on the part of the employee to build and
strengthen the City Management Team.
8. Initiative demonstrated by addressing department
problems and fulfilling assigned responsibilities.
SECTION VI - Philosophy of Compensation
The City of San Jacinto recognizes that it competes in a
marketplace to obtain qualified personnel to perform and
provide municipal services. It further recognizes that
compensation and conditions of employment must be sufficiently
attractive to draw and retain qualified employees. Therefore,
the City will compensate its management employees with wages
and benefits commensurate with performance of the management
employee.
The philosophy is based in part upon socio-economic level of
the community and those standards, values and characteristics
as reflected to the City Council by the community.
Resolution No.
Page Five
SECTION VII - Establishment and Use of Salary Ranges and
Performance Zones
A. SALARY RANGES
1. Each job classification in the management and
confidential series shall have a defined salary range as
defined in Attachments "A" and "B", effective this 2nd
day of July, 1992, and thereafter, as approved by the
City Council in the annual operating budget.
2. Management and confidential classifications shall
have a 20 percent salary range starting from the
"average" entry level in the labor market.
3. Management and confidential classification ranges
shall have five (5) steps consisting of five percent (5%)
increments, unless otherwise specified.
B. STEP INCREASES
1. Annually on each employee's anniversary date, the
employee will become eligible for a step increase. The
first step shall be held for six months at which time the
employee shall become eligible for an increase.
Thereafter, all future steps shall be eligible after 12
months of service, with a satisfactory evaluation, at the
previous step unless advanced by the City Manager for
above -average service after six months to the next higher
step.
2. The City Manager shall have the authority to advance
an individual, within a range, a maximum of five percent
(5%) for merit and/or above -average purposes.
3. Salary at appointment shall be made at the first step
of the salary range for the particular class in which the
appointment is made. The City Manager shall have the
authority to appoint at a higher step if recruitment
circumstances warrant.
4. Advancement within a salary range shall be authorized
only after the affirmative recommendation of the City
Manager. Such recommendation shall be based only on
satisfactory job performance.
5. All performance evaluations performed pursuant to
this section shall be confidential.
Resolution No.
Page Six
SECTION VIII - Other Management Compensation Practices
LEAVES
A. MANAGEMENT LEAVE
1. Management employees, in recognition of management
status, are authorized to receive:
Class A - 8 days per year
Class B - 7 days per year
Class C - 6 days per year
This is in addition to their regular vacations. Leave
requests are subject to approval of the Department head
and/or City Manager. The management leave days shall be
accrued in total at the beginning of each fiscal year and
must be taken within said fiscal year.
2. Management personnel may be authorized additional
management leave depending upon individual performance,
department workload, special problems or long periods of
emergency work, provided approval is obtained from the
City Manager.
B. SICK LEAVE
1. Accrual of Sick Leave Every employee shall accrue
sick leave at the rate of one day per month beginning
with the first day of employment. Employees hired
between the first and fifteenth day of the month shall be
credited with one full day of sick leave for the month of
hire. Employees hired between the sixteenth and the last
day of the month shall accrue one-half day of sick leave
for the month. Sick leave may accrue up to a maximum of
120 days for each employee.
2. Charge for Sick Leave If an employee performs
his/her duties for part of a working day, he/she shall be
credited with those hours worked and charged sick leave
only for those hours not worked by reason of illness or
injury. Sick leave shall be taken in whole hours only.
3. Proof of Illness The City Manager may request a
certificate issued by a licensed physician or other
satisfactory proof of illness before sick leave is
granted. Violation of sick leave privileges may result
in disciplinary action and/or loss of pay when, in the
opinion of the City Manager, the employee has abused such
privileges. If the sick leave request equals five or
Resolution No.
Page Seven
more working days, the City Manager may also designate
the licensed physician to conduct a physical examination
and such examination shall be conducted at City expense.
4. Illness or Iniury While on Vacation Sick leave shall
be granted to all employees who become ill or injured
while on authorized vacation leave,provided such illness
would otherwise warrant use of sick leave and, provided
further, that an attending physician's statement is
furnished which states that the employee was
incapacitated to a degree which would prohibit his/her
performance of his/her normal duties.
5. Illness or Iniury While on Normal Time Off Sick
leave shall not be granted to employees who become ill or
injured while absent from duty during normal days off or
holidays. Should the injury or illness extend beyond
such authorized time off duty, sick leave may be
authorized in accordance with the conditions of this
section.
6. Maternity Leave Sick leave may be used during such
time an employee is on maternity leave authorized
pursuant to the City's Personnel Rules.
7. Extension of Sick Leave After an employee's sick
leave has been exhausted, he/she may be granted
permission by the City Manager to take any earned
vacation he/she may have accrued.
8. Sick Leave Buy Back To qualify, a unit member must
have 200 hours of accumulated sick leave on the record as
of January 1, of each calendar year. Once qualified, a
member may sell up to 12 days of sick leave back to the
City on December 15, of each year. The 200 hour balance
will be maintained as of the December Date.
C. OVERTIME
1. Classes A, B and C, management personnel as
indicated, except as provided in subsection below, do not
receive overtime pay.
2. Police Lieutenants and Sergeants required to fill a
regularly scheduled shift other than their own shall
receive overtime at their straight pay rate. Sergeants
on a 3/12 work schedule shall be entitled to overtime,
paid at straight time rates for those hours in excess of
80 hours per 14 day work cycle. Straight time rates shall
also be paid for demonstrated proficiency with firearms
Resoltion No.
Page Eight
and court -time.
3. Class D employees will receive overtime compensation
at the rate of time and one-half. Class D employees are
authorized, in accordance with the Fair Labor Standards
Amendments of 1985, to accumulate not more than (40)
hours of compensatory time in lieu of overtime
compensation. Such compensatory time shall be earned at
the rate of one and one-half hours for each hour of work.
a. In accordance with the aforementioned Fair
Labor Standards Amendments of 1985, an employee who
has requested the use of earned compensatory time
shall be permitted to use such time within a
reasonable period after making the request if the
use of the compensatory time does not unduly
disrupt the operations of the department.
b. An employee at any time may request and receive
compensation for any compensatory time earned.
Such compensation shall be paid at the regular
rate earned by the employee at the time the
employee receives such compensation.
D. VACATIONS
Management and Confidential employees shall accumulate
vacation leave in accordance with the matrix of benefits,
i.e. Appendix "B".
1. Vacation Carryover Vacation accumulation shall be
limited to that amount accrued by an employee for a
twenty-four (24) month period of employment. Any
additional accumulated vacation shall be granted at
the discretion of the appointing authority. After
an accrual of 336 hours of vacation time, accrual
will cease. Normal accrual of vacation time will
resume whenever the total accrual drops below 336
hours.
2. Scheduling Vacation The times which an employee may
take his annual vacation leave shall be determined by
mutual agreement of employee and his/her department head,
where possible.
3. Department Head vacations shall be approved by the
City Manager, so far as such are compatible with the
needs of the service. An employee may not schedule more
than three weeks vacation at any one time unless he/she
receives prior approval from the City Manager.
Resolution No.
Page Nine
4. Holidays During Vacation leave In the event that one
or more municipal holidays fall within an annual vacation
leave, such holidays shall not be charged as vacation
leave, and the leave shall be extended accordingly.
5. Effect of Vacation Accrual with Leave of Absence
The granting of any leave of absence without pay
exceeding fifteen (15) consecutive days shall cause the
employee's annual vacation accumulation to stop during
the calendar year, for each month or major portion of a
month that the employee is on leave of absence without
pay or until such time the employee returns to work.
6. Pay for Accumulated Vacation An employee who leaves
the employment of the City shall be granted all
accumulated vacation or shall be paid at his/her rate of
compensation applicable at the time of separation. The
following method shall be used to calculate final months
vacation accumulation: If an employee terminates on a
day falling on the first through the fifteenth of a
month, the employee shall receive credit for one-half the
month's vacation accrual; if an employee terminates on a
day falling on the sixteenth through the thirty-first day
of a month, the employee shall receive full credit for
the vacation accrual for the month.
7. Vacation Pay Upon Death When separation of
employment is caused by the death of an employee, payment
shall be made to the estate of such employee or, in
applicable cases, as provided by the probate code of the
State.
8. Vacation Buy Back can be requested by Class A/B
employees a maximum of 10 days and Class C/D employees a
maximum of five (5) days unused vacation per fiscal year.
Buy back can be requested at any time during the fiscal
year and must be approved by the City Manager. Buy back
shall be at the current rate of pay.
E. JURY DUTY
Any employee who is called or required to serve as a
trial juror shall be entitled to a leave of absence
during the period of such service or while necessarily
being present in court as a result of such call. Under
such circumstances, the employee shall be paid the
difference between his full salary and any payment
received by him/her except travel pay, for such duty.
Resolution No.
Page Ten
F. LEAVE OF ABSENCE WITHOUT PAY
I. General Policy
Any employee may be granted a leave of absence without
pay upon the approval of the City Council pursuant to the
recommendation of the City Manager except that in case of
a leave of absence without pay of sixty (60) consecutive
calendar days or less, the approval of the City Council
shall not be required. A leave without pay may be
granted for any of the following reasons:
Illness or disability
Pregnancy
To take a course of study which will increase the
employee's usefulness on return to his/her position
in the City service.
For personal reasons acceptable to the City Council
and/or City Manager.
2. Leave Without Pay
An employee shall utilize all of his/her vacation and/or
compensatory time off prior to taking an authorized leave
of absence without pay.
A prorate reduction of normal annual vacation and sick
leave accruals shall be applicable to approved absence
without pay. Whenever the absence is less than one
month, the prorated reduction shall be rounded to the
nearest hour. An absence of fifteen days or more without
pay constitutes a break of continuous service with the
City. An employee on leave of absence does not have any
of the privileges granted regular full-time employees.
G. BEREAVEMENT LEAVE
Whenever any employee is compelled to be absent from duty
by reason of death or critical illness (where death
appears imminent) of members of the employee's immediate
family (father, mother, legal guardian, brother, sister,
spouse, children, mother-in-law, father-in-law,
grandmother, grandfather or grandchildren), such person
shall be entitled to a leave of absence with pay for up
to three working days. The employee shall furnish
satisfactory evidence of such death or critical illness
to his/her department head or City Manager. Sick
Resolution No.
Page Eleven
leave shall be allowed in any case where in the preceding
six (6) calendar months a leave on the grounds of the
critical illness of that same relative has been granted.
Leave of absence shall not be allowed. Such Bereavement
Leave may be increased up to a total of five (5) days in
the event of the death of a member of the immediate
family, when such services for the deceased person is
located more than 500 vehicular miles from the City of
San Jacinto and the unit member actually travels to
attend such services. Should leave be requested for
death of a non -married partner, the City Manager may
request a certification from the unit member as proof of
said relationship.
H. FAMILY SICK LEAVE
Employees may use up to three (3) days of family sick
leave for immediate family members per fiscal
year. Family sick leave may be used when a members of
the employee's immediate family (father, mother, brother,
sister,spouse, children, mother-in-law, father-in-law,
grandmother, grandfather or grandchildren and may include
the unmarried partner maintaining a marital -type
relationship with the employee, provided said partner
resides with the employee), residing in the same
household, requires the immediate attention of the
employee. Employees may be required to provide
satisfactory proof showing the nature and extent of the
illness or injury to justify the absence. Family sick
leave is in addition to sick leave.
I. TEMPORARY DISABILITY LEAVE
1. Upon submission of an appropriate certificate from a
licensed physician, an employee may be granted temporary
disability leave. The employee utilizing temporary
disability leave may utilize all sick leave accredited to
him/her and upon the expiration of sick leave may utilize
any accredited annual vacation leave. When both sick
leave and annual vacation leave credits are exhausted,
the remainder of the absence required will be on the
basis of leave without pay. If leave without pay is
utilized, no accruals of leave or benefits will be
credited to the employee. The leave without pay will
constitute a break in continuous service with the City.
2. Pregnancy Leave Whenever the Temporary Disability
Leave is due to a pregnancy of a female employee,the
employee shall produce a certificate of a licensed
physician which shall advise the City as to the health
Resolution No.
Page Twelve
and welfare of the employee in relationship to the physical
and emotional demands of the position and duties which she is
performing for the City and shall state that the employee
should not continue her work assignments until released by the
physician. This release certification shall insure that the
employee is physically and mentally capable of returning to
normal work assignments of the position which she departed.
Temporary disability leave because of pregnancy shall not
extend beyond a maximum period of six (6) months unless the
licenses physician requests an additional period of absence
which may or may not be granted by the City Manager. It shall
be the obligation of the employee to notify the Department
Head/City Manager as early as possible of any knowledge
relating to her pregnancy.
J. HOLIDAYS
Unit members shall be granted the following holidays:
a. New Year's Day (January 1st)
b. President's Day (3rd Monday in February)
c. Memorial Day (last Monday in May)
d. Independence Day (July 4th)
e. Labor Day (1st Monday in September)
f. Columbus Day (2nd Monday in October)
g. Veteran's Day (November llth)
h. Thanksgiving Day (4th Thursday in November)
i. Thanksgiving Friday (day following
Thanksgiving)
j. Christmas Day (December 25th)
k. Two floating holidays each fiscal year
1.1 Any holiday falling on Saturday shall be observed on
the preceding Friday.
1.2 Any holiday falling on Sunday shall be observed on
the following Monday.
1.3 If a holiday occurs on a day which is the employee's
regular day off, he/she shall be entitled to
holiday pay in the amount of eight (8) hours at
straight time.
1.4 If an employee works on a holiday, he/she shall be
entitled to holiday pay in the amount of eight (8)
hours at straight time in addition to the amount
paid for any time actually worked.
1.5 At the discretion of the department head, an
employee may be given a day off in lieu of pay in
the case of 1.4 and 1.5.
Resolution No.
Page Thirteen
1.6 Each department will adopt rules pertaining to the
required number of days notice for use of floating
holiday.
K. MILITARY LEAVE
Military leave shall be granted in accordance with the
applicable provision of State Law.
SECTION IX - Other Benefits
A. HEALTH INSURANCE
1. The City will provide fully paid health and medical
coverage for employee plus dependents.
B. DENTAL/OPTICAL INSURANCE
1. The City will provide fully paid Dental/Optical
coverage for employees plus dependents.
C. DISABILITY INSURANCE
The City shall contribute, on behalf of each employee, an
amount equal of the premium on the existing long-term and
short-term disability plans.
D. LIFE INSURANCE
Upon qualification, a group life insurance policy will be
provided for each management and confidential employee.
(shown on Appendix "B").
E. RETIREMENT
1. As a member of the Public Employees' Retirement
System, the City will contribute the normal employer's
full share of PERS retirement. The City's
program shall consist of the two percent (2%) at age 60,
single highest year, two percent (2%) at age
55 for safety employees highest three years and 1959
Survivor's Benefits for both classes.
2. The City will pay, on behalf of the employee, a
maximum of seven percent (7%) of the employee's share of
the PERS contribution.
Resolution No.
Page Fourteen
F. UNIFORM ALLOWANCE
The City shall contribute that amount equal to allowance
paid to rank and file safety employees, to those
employees required to wear uniforms. Class D employees
who may be assigned to temporary dispatch duties shall
also be eligible for uniform allowance.
G. CITY VEHICLES
Department heads will be authorized the full-time use of
assigned City vehicles. Personal use of the City vehicle
will be allowed on a limited basis and will comply with
IRS regulations. Full-time vehicles may be assigned to
other non -departmental head management individuals at the
discretion of the City Manager. (see attached matrix of
benefits, Appendix "B").
H. MILEAGE REIMBURSEMENT
Should City require an employee to use his/her personal
automobile on City business, City shall reimburse the
employee the amount allowed by the IRS per mile for such
use. City may establish rules and regulations for the
use of personal automobiles, including the requirement
that the employee maintain liability insurance and a
valid California driver's license of the appropriate
class in such amounts as City may prescribe. Nothing
stated herein shall be construed to require that City
permits use of a personal automobile for City business.
Each use of personal automobiles shall require the
approval of the City Manager or Department Head.
I. TUITION REIMBURSEMENT
a. All affected employees are eligible to receive
tuition reimbursement. Courses must have begun
after appointment and be in excess of the
educational standards for the position. An example
of this would be job -related college or university
courses when the specification for the
classification calls for high school graduation.
b. Employees shall be reimbursed for tuition,
registration fees and texts required for the
eligible courses. Expenses for parking, travel,
lodging, meals, processing fees, transcript fees,
materials and any other costs are not reimbursable.
c. Employees shall be reimbursed up to the dollar
amount charged for the same number of units per
Resolution No.
Page Fifteen
term by California State University, except that
those enrolled in University of California courses
shall be reimbursed up to the dollar amount charged
for the same number of units by the UC campus
attended. An employee shall not receive
reimbursement in excess of five hundred ($500.00)
in any one fiscal year.
The difference between the City's maximum
obligation during any fiscal year and the amount of
any actual reimbursement received by the employee
during that fiscal year shall not be carried over
or be available to use by the employee in any
subsequent fiscal year.
d. Course work must be related to the employee's
current occupation or to a City classification to
which the employee may be eligible for promotion
within the employee's current job series within the
next five years.
e. Courses must be traditional classroom courses
taken at colleges or universities and approved by
the Western Association of Schools and Colleges.
Credits given for courses including, but not
limited to, life experience, military training, and
professional training are not eligible for tuition
reimbursement.
f. Course work should not duplicate training which
the employee has already had, which is to be
provided in-house, or previously taken courses
unless special approval has been granted by the
Department Head and the Personnel Department.
g. Courses may be approved which are required for
the completion of the pre -approved job -related
major. An example would be general education or
elective requirements for the major as stated in
the school catalog. Remedial courses or those
taken as required for a non -approved major shall
not be eligible.
h. Classes related to the use of purchased City -
approved computer equipment, may be authorized
under the tuition reimbursement program if pre -
approval is granted before commencement of a non -
accredited class.
Resolution No.
Page Sixteen
i. Course work cannot be taken on City time and it
must be certified that all courses submitted for
approval are taken on the employee's off -duty time.
j. A pre -approval form should be submitted to the
Department Head and to personnel before the course
work is begun to certify eligibility.
k. In order to be reviewed, each application must
state exactly which units or credits the employee
is applying for and whether the courses submitted
are core courses or recommended electives for the
approved major.
1. Reimbursement shall be submitted within three
(3) months of completion of the approved course
with a minimum final grade of "C" or its
equivalent. A pass in a pass -fail course will be
considered equivalent to a "C". No reimbursement
shall be made for audited or incomplete courses.
m. Employees must submit from the attendant
institution an original certification of major,
fees paid and grade achieved in order to have their
application considered for reimbursement. These
documents must accompany the reimbursement
application form in order to be processed.
n. Upon termination from employment, employees
shall be required to reimburse the City for any
funds received under this program for courses
completed during the last two months of employment.
This payback provision does not apply to employees
who are laid off by the City or who separate as a
result of a City/Departmental reorganization.
SECTION X - During the term of this Resolution, the City
reserves the right to discuss, with employees covered under
this Resolution, for the purpose of implementation of
Personnel Rules and Regulations, Resolution for recognition of
Employee Organizations, Americans with Disabilities Act
procedures, Policies for a Drug Free Workplace proposal,
Voluntary Time Bank Policy, and other policies which may
affect management and confidential employees.
Resolution No.
Page Seventeen
SECTION RI Resolution No. 1785 is hereby rescinded upon
adoption of Resolution .
MOVED, PASSED AND ADOPTED THIS day of , 1992 by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Appendix
Rana, STEP 1
-
35
1.476
1.551
1.830
1.712
1.789
36
1.513
1,590
1.671
1.755
1.844
27
1.551
1,830
1.713
1,799
1,890
28
1,580
1,871
1.755
1.s44
1,937
28
1.630
1.712
1.799
1.890
1,988
30
1,871
1.755
1.944
1.937
2.035
31
1,712
1.799
1.890
1,886
2.086
32
1.755
1.944
1.937
2.035
2.188
33
1.789
1.890
1.980
2.086
3.182
34
1,844
1.937
2,035
2.138
2,247
35
1.880
1,886
2,088
2,192
2.303
30
1.937
2,035
2,138
2.247
2.580
37
1,988
2.086
3.193
2.303
2.418
38
2.035
2.138
2,247
2.380
3.480
38
2.086
2.192
2.303
2,419
2.542
40
2.138
2.247
2.860
2.480
2.805
41
2.192
2.303
2.419
3,543
3.671
42
2,247
2.380
3.488
2.605
2.737
43
2.303
2,418
2.542
2.671
2.806
44
2.380
2.480
2,805
2,737
2,876
45
2.419
2.542
3.071
2.806
2.948
46
2.480
2.605
3.737
3.876
3,031
47
2.542
3.671
2.806
2,948
3.097
48
2.605
2.737
3.878
3,021
3.174
49
2.671
2.806
2.848
3.097
5.254
50
2.737
2.878
3.021
3.174
3.335
51
2.806
2'948
3.097
3.254
3.419
52
2.876
3,021
3.174
3.305
5.504
53
2.948
3,097
8,254
3.418
3.582
54
5.021
3,174
3.335
3,504
3,681
55
3.087
3.254
3,419
3.592
3,773
56
3.174
8.835
3,504
3,881
3.U08
57
5'254
3,419
8,583
8,773
3,864
58
3.535
3.504
3.081
3,808
4.064
58
3,418
3.592
3,773
3,964
4.185
GU
3.504
8.681
3,888
4.004
4.259
81
3,582
3.773
3.884
4.165
4.376
62
5.881
3.888
4.064
4.209
4.485
68
3,773
3,904
4,185
4,378
4.588
64
3,808
4.084
4.269
4.485
4.713
85
5.904
4.165
4.876
4.588
4.880
66
4.084
4.288
4.485
4,713
4.951
07
4,105
4.378
4.598
4.830
5.075
68
4,209
4.485
4.718
4.851
5.202
89
4.376
4.598
4,830
5,075
5.332
70
4.485
4.713
4.951
5,202
5,485
71
4.598
4.830
5.075
5,352
5.502
72
4.713
4.951
5.203
5.465
5.743
78
4.830
5.075
5,333
5,002
5.885
74
4,951
5.202
5.485
5.742
8.032
75
5,075
5.332
5.602
5,885
8.185
Mgmt/ConfidentialMDU EffecWeO7/0203
APPENDIX "B"
MATRIX OF BENEFITS
BENEFIT
DESCRIPTION
A
Insurance and
Disability
Medical Insurance
Full Coverage
Employee and
Dependents
B
Full Coverage
Employee and
Dependents
C
D
Full Coverage
Employee and
Dependents
Full Coverace
Employee anc
Dependents
Short Term Disability
Long Term Disability
Full Coverage
Full Coverage
Full Coverage
Full Coverage
Vision and Dental
Full Coverage
Employee and
Dependents
Full Coverage
Employee and
Dependents
Full Coverage
Employee and
Dependents
Full Coverage
Employee and
Dependents
Life Insurance
2 x Annual
salary
1/2 x Annual
Salary
1 x Annual
Salary
$25,000
Vehicle Usage
See Section VII, Item B
City vehicle
or $300/month
allowance
Pool car or
mileage
IRS allowed rate
Pool car or
mileage
IRS allowed rate
Pool car or
mileage
IRS allowed rate
Management Leave 1 See Section VII, Item B
B days/year
7 days/year
6 days/year
N/A
Sick Leave
Sick Leave
Buy Back
See Section VII, Item D
See Section VII, Item D
Subsection 8
12 days/year
May sell up to
12 days per year
after accum-
ulation of 200
hrs. on December
Holidays
See Section VII, Item I
Subsection 4
10 Fixed
2 Floating
12 days/year
May sell up to
12 days per year
after accum-
ulation of 200
hrs. on December
10 Fixed
2 Floating
12 days/year
May sell up to
12 days per year
after accum-
ulation of 200
hrs. on December
10 Fixed
2 Floating
12 days/year
May sell up to
12 days per year
after accum-
ulation of 200
hrs. on December
10 Fixed
2 Floating
Ten (10) fixed holidays:
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day and the day after
Christmas Day
(January 1)
(3rd Monday in February)
(Last Monday in May)
(July 4th)
(1st Monday in September)
(2nd Monday of October)
(November llth)
(4th Thursday in November
December 25th)
and the day after)
Page 1 of 2
Annual Vacation
Vacation Buyback
See Section VII, Item I
Subsection 8
See Section nzz, Item I
21 days/year
May sell up to
2 weeks per
fiscal year
l-l2yrs.
=
28 days
l2+ =
21 days
May sell up to
2 weeks per
fiscal year
l ^ 9 yra,
18 days
lD - 12 yrs.
20 days
l2+
21 days
=
=
May sell og to
l week per
fiscal year
l-3yrs.
=
lJ days
4 ~ 6 yca, =
15 days
7 ` 9 yrs. =
18 days
lO ^ 12 yrs.=
28 days
l2+ =
21 days
May sell up to
l week per
fiscal year
Page 2 of 2
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM:
Dave Anderson, Assistant to the City Manager
Anna Vega, Finance director
Via: Pamela S. Easter, City Manager
DATE: September 15, 1992
SUBJECT: Agenda item 5.9
Several errors and omissions in the employee MOU's and Management
Resolution have been addressed since we distributed them to you on
Friday.
A new Management Resolution replacing the one in your packet is
included as an attachment to this memo.
A new page 10 from the Miscellaneous MOU replacing the one in your
packet is included as an attachment to this memo.
New pages replacing sections of the Fire Association MOU will be
reproduced by the City's personnel attorney, Richard Kreisler after
the changes have been identified and the MOU approved tonight.
Specific changes to the employee MOU's and Management Resolution
are detailed below:
MANAGEMENT RESOLUTION CHANGES
Page 1
Added Senior Planner to Class "B" as per Job Description/Flyer
Page 5
A.1 "Appendix "A" substituted for Attachments "A" and "B"
Page 12
Section 1.5 - references 1.4 and 1.5 corrected to read 1.3 and 1.4
Page 14
G. Vehicle allowance in -lieu of vehicle assignment for Department
heads added to this section.
Page 16
Typo
n. ..."during last two months of employment"— changed to ."during
last twelve months of employment"
New Section XI Term
Specifies term of agreement and sets effective date retroactive to
match employee MOU's
MISCELLANEOUS MOU CHANGES
Page 10 Section 6.6 - Reference 6.5 and 6.6 corrected to read 6.4
and 6.5
FIRE ASSOCIATION MOU CHANGES
Page 4 Section 5.1 - (2nd to last line) date corrected to read
"Effective July 2, 1993"
Page 4 Section 5.2 - Typo "Live" Insurance changed to "Life"
Insurance.
Page 5 Section 5.4.c - (3rd line) "From the date of initial
coverage and through June 30, 1992, City shall"... changed to "June
30, 1994" (date left over from old contract language)
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA,
RELATING TO SALARY RANGES AND BENEFITS FOR EXECUTIVES,
SUPERVISORS, MIDDLE MANAGERS AND
CONFIDENTIAL EMPLOYEES
WHEREAS, in the organizational structure of the City of San
Jacinto involving the chain of responsibility and authority,
it is desirable to establish and define the limits of the
personnel defined as department heads, division heads, first
line supervision, and confidential employees; and
WHEREAS, it is agreeable and desirable to define the
responsibilities and benefits to be derived by such personnel;
and
WHEREAS, it is the intent of this resolution to set forth and
clarify practices and procedures with regard to the groups,
and nothing contained herein shall be deemed to supersede the
City's Merit Personnel System, including personnel ordinances
and resolutions, unless otherwise specifically addressed
herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of San Jacinto affirms that:
SECTION I - The following employees are covered under this
resolution and is in accordance with the Fair Labor Standards
Act:
CLASS A - Executive
City Manager Police Chief
Director of Finance Fire Chief
Director of Community Development Public Works Director
CLASS B - Middle Managers
Assistant to the City Manager
Police Lieutenant
Senior Planner
CLASS C - Supervisor
Police Sergeant
Information Planner
Water Field Supt.
Public Works Supt.
Resolution No.
Page Two
The following positions are designated as confidential
positions and are subject to the herein:
CLASS D - Confidential Employee
Administrative Secretary I
Administrative Secretary II
Deputy City Clerk
Executive Secretary to the City Manager
SECTION II - The purpose with which a Management Team is
established is as follows:
1. To recognize the character of the management positions and
incumbents as distinct from the classified employees.
2. To promote further identification of a Management group
and understanding of associated roles and responsibilities.
3. To promote commitment by management personnel to goals and
objectives to the City Council as directed by the City
Manager.
4. To establish a system of compensation for management
personnel with competitive salary levels.
5. To give recognition to the impact of the employee on the
job and recognize specific performance levels.
6. To create performance orientation for management personnel
and encourage their contribution towards the goals.
7. To offer the highest possible caliber of public servants.
SECTION III - Participative Management Team Concept
1. Responsibility to participate in the on -going decision -
making process.
2. A responsibility to promote a cohesive approach to the
performance of departmental duties and resolution of City
problems by Management Team participation.
3. Opportunity expand personal horizons in a climate of
innovation.
4. Opportunity to service on City-wide Task Forces as
approach to City problem -solving.
5. Management and confidential personnel shall not represent
employee bargaining units in employer -employee discussions.
Resolution No.
Page Three
6. Management personnel are expected to devote as much time
as is necessary to perform their particular duties regardless
of emergencies, work stoppages or the normal work demands of
the city.
SECTION IV - Confidential Employees
A. Policy Statement
The purpose of classifying employees as "confidential"
separate and distinct from other employee units is to
assure that the City of San Jacinto should not be
required to deal with employees concerning labor
relations matters when employees have access to
confidential labor relations information of the City's
position prior to contract negotiations.
Confidential information concerning contract negotiations
is deemed by the City to be of such nature that there
should be no disclosure to any third parties except by
judicial process.
B. Definition
Confidential information is any information designated by
the City Manager or his/her designee to be of such
sensitive nature that disclosure of which would adversely
affect the interests of the City.
C. Prohibited Conduct
1. Any dissemination by any confidential employee to
any unauthorized third party is prohibited unless
expressly authorized by the City Manager or his/her
designee.
2. This prohibition applies to not only the employees
involved in the formulation of the confidential
information, but those employees who have clerical
responsibilities ancillary thereto.
3. Dissemination is prohibited to parties within and
outside of City employment.
D. Violation of Policy
Any confidential employee who disseminates confidential
information in violation of this General Order shall be
subject to severe disciplinary action, up to and
including termination of their services.
Resolution No.
Page Four
SECTION V - Performance Evaluation Criteria and Process
A. PERFORMANCE EVALUATIONS WILL BE CONDUCTED ANNUALLY.
COMPETENT AND MERIT ZONES
I. Overall contributions of the management employee in
solving problems, satisfying needs and desires of the
community in service areas for which the department is
responsible.
2. Degree to which basic management functions such as
planning, organizing, coordinating, budgeting and
supervising departmental activities are performed in an
efficient manner.
3. Extent of cooperation and efficiency shown with
public and City staff.
4. Extent to which agreed -upon departmental goals and
objectives are achieved.
5. Quality and professionalism of staff under
departmental direction and the state of employee morale
within the department.
6. Number and impact of procedure and techniques
initiated for cost -saving and/or efficiency purposes.
7. Efforts on the part of the employee to build and
strengthen the City Management Team.
8. Initiative demonstrated by addressing department
problems and fulfilling assigned responsibilities.
SECTION VI - Philosophy of Compensation
The City of San Jacinto recognizes that it competes in a
marketplace to obtain qualified personnel to perform and
provide municipal services. It further recognizes that
compensation and conditions of employment must be sufficiently
attractive to draw and retain qualified employees. Therefore,
the City will compensate its management employees with wages
and benefits commensurate with performance of the management
employee.
The philosophy is based in part upon socio-economic level of
the community and those standards, values and characteristics
as reflected to the City Council by the community.
Resolution No.
Page Five
SECTION VII - Establishment and Use of Salary Ranges and
Performance Zones
A. SALARY RANGES
1. Each job classification in the management and
confidential series shall have a defined salary range as
defined in "Appendix A" , effective the 2nd day of July,
1992, and thereafter, as approved by the City Council in
the annual operating budget.
2. Management and confidential classifications shall
have a 20 percent salary range starting from the
"average" entry level in the labor market.
3. Management and confidential classification ranges
shall have five (5) steps consisting of five percent (5%)
increments, unless otherwise specified.
B. STEP INCREASES
1. Annually on each employee's anniversary date, the
employee will become eligible for a step increase. The
first step shall be held for six months at which time the
employee shall become eligible for an increase.
Thereafter, all future steps shall be eligible after 12
months of service, with a satisfactory evaluation, at the
previous step unless advanced by the City Manager for
above -average service after six months to the next higher
step.
2. The City Manager shall have the authority to advance
an individual, within a range, a maximum of five percent
(5%) for merit and/or above -average purposes.
3. Salary at appointment shall be made at the first step
of the salary range for the particular class in which the
appointment is made. The City Manager shall have the
authority to appoint at a higher step if recruitment
circumstances warrant.
4. Advancement within a salary range shall be authorized
only after the affirmative recommendation of the City
Manager. Such recommendation shall be based only on
satisfactory job performance.
5. All performance evaluations performed pursuant to
this section shall be confidential.
Resolution No.
Page Six
SECTION VIII - Other Management Compensation Practices
LEAVES
A. MANAGEMENT LEAVE
1. Management employees, in recognition of management
status, are authorized to receive:
Class A - 8 days per year
Class B - 7 days per year
Class C - 6 days per year
This is in addition to their regular vacations. Leave
requests are subject to approval of the Department head
and/or City Manager. The management leave days shall be
accrued in total at the beginning of each fiscal year and
must be taken within said fiscal year.
2. Management personnel may be authorized additional
management leave depending upon individual performance,
department workload, special problems or long periods of
emergency work, provided approval is obtained from the
City Manager.
B. SICK LEAVE
1. Accrual of Sick Leave Every employee shall accrue
sick leave at the rate of one day per month beginning
with the first day of employment. Employees hired
between the first and fifteenth day of the month shall be
credited with one full day of sick leave for the month of
hire. Employees hired between the sixteenth and the last
day of the month shall accrue one-half day of sick leave
for the month. Sick leave may accrue up to a maximum of
120 days for each employee.
2. Charge for Sick Leave If an employee performs
his/her duties for part of a working day, he/she shall be
credited with those hours worked and charged sick leave
only for those hours not worked by reason of illness or
injury. Sick leave shall be taken in whole hours only.
3. Proof of Illness The City Manager may request a
certificate issued by a licensed physician or other
satisfactory proof of illness before sick leave is
granted. Violation of sick leave privileges may result
in disciplinary action and/or loss of pay when, in the
opinion of the City Manager, the employee has abused such
privileges. If the sick leave request equals five or
Resolution No.
Page Seven
more working days, the City Manager may also designate
the licensed physician to conduct a physical examination
and such examination shall be conducted at City expense.
4. Illness or Injury While on Vacation Sick leave shall
be granted to all employees who become ill or injured
while on authorized vacation leave,provided such illness
would otherwise warrant use of sick leave and, provided
further, that an attending physician's statement is
furnished which states that the employee was
incapacitated to a degree which would prohibit his/her
performance of his/her normal duties.
5. Illness or Injury While on Normal Time Off Sick
leave shall not be granted to employees who become ill or
injured while absent from duty during normal days off or
holidays. Should the injury or illness extend beyond
such authorized time off duty, sick leave may be
authorized in accordance with the conditions of this
section.
6. Maternity Leave Sick leave may be used during such
time an employee is on maternity leave authorized
pursuant to the City's Personnel Rules.
7. Extension of Sick Leave After an employee's sick
leave has been exhausted, he/she may be granted
permission by the City Manager to take any earned
vacation he/she may have accrued.
8. Sick Leave Buy Back To qualify, a unit member must
have 200 hours of accumulated sick leave on the record as
of January 1, of each calendar year. Once qualified, a
member may sell up to 12 days of sick leave back to the
City on December 15, of each year. The 200 hour balance
will be maintained as of the December Date.
C. OVERTIME
1. Classes A, B and C, management personnel as
indicated, except as provided in subsection below, do not
receive overtime pay.
2. Police Lieutenants and Sergeants required to fill a
regularly scheduled shift other than their own shall
receive overtime at their straight pay rate. Sergeants
on a 3/12 work schedule shall be entitled to overtime,
paid at straight time rates for those hours in excess of
80 hours per 14 day work cycle. Straight time rates shall
also be paid for demonstrated proficiency with firearms
Resoltion No.
Page Eight
and court -time.
3. Class D employees will receive overtime compensation
at the rate of time and one-half. Class D employees are
authorized, in accordance with the Fair Labor Standards
Amendments of 1985, to accumulate not more than (40)
hours of compensatory time in lieu of overtime
compensation. Such compensatory time shall be earned at
the rate of one and one-half hours for each hour of work.
a. In accordance with the aforementioned Fair
Labor Standards Amendments of 1985, an employee who
has requested the use of earned compensatory time
shall be permitted to use such time within a
reasonable period after making the request if the
use of the compensatory time does not unduly
disrupt the operations of the department.
b. An employee at any time may request and receive
compensation for any compensatory time earned.
Such compensation shall be paid at the regular
rate earned by the employee at the time the
employee receives such compensation.
D. VACATIONS
Management and Confidential employees shall accumulate
vacation leave in accordance with the matrix of benefits,
i.e. Appendix "B".
1. Vacation Carryover Vacation accumulation shall be
limited to that amount accrued by an employee for a
twenty-four (24) month period of employment.
Any additional accumulated vacation
shall be granted at
the discretion of the appointing authority. After
an accrual of 336 hours of vacation time, accrual
will cease. Normal accrual of vacation time will
resume whenever the total accrual drops below 336
hours.
2. Scheduling Vacation The times which an employee may
take his annual vacation leave shall be determined by
mutual agreement of employee and his/her department head,
where possible.
3. Department Head vacations shall be approved by the
City Manager, so far as such are compatible with the
needs of the service. An employee may not schedule more
than three weeks vacation at any one time unless he/she
receives prior approval from the City Manager.
Resolution No.
Page Nine
4. Holidays During Vacation leave In the event that one
or more municipal holidays fall within an annual vacation
leave, such holidays shall not be charged as vacation
leave, and the leave shall be extended accordingly.
5. Effect of Vacation Accrual with Leave of Absence
The granting of any leave of absence without pay
exceeding fifteen (15) consecutive days shall cause the
employee's annual vacation accumulation to stop during
the calendar year, for each month or major portion of a
month that the employee is on leave of absence without
pay or until such time the employee returns to work.
6. Pay for Accumulated Vacation An employee who leaves
the employment of the City shall be granted all
accumulated vacation or shall be paid at his/her rate of
compensation applicable at the time of separation. The
following method shall be used to calculate final months
vacation accumulation: If an employee terminates on a
day falling on the first through the fifteenth of a
month, the employee shall receive credit for one-half the
month's vacation accrual; if an employee terminates on a
day falling on the sixteenth through the thirty-first day
of a month, the employee shall receive full credit for
the vacation accrual for the month.
7. Vacation Pay Upon Death When separation of
employment is caused by the death of an employee, payment
shall be made to the estate of such employee or, in
applicable cases, as provided by the probate code of the
State.
8. Vacation Buy Back can be requested by Class A/B
employees a maximum of 10 days and Class C/D employees a
maximum of five (5) days unused vacation per fiscal year.
Buy back can be requested at any time during the fiscal
year and must be approved by the City Manager. Buy back
shall be at the current rate of pay.
E. JURY DUTY
Any employee who is called or required to serve as a
trial juror shall be entitled to a leave of absence
during the period of such service or while necessarily
being present in court as a result of such call. Under
such circumstances, the employee shall be paid the
difference between his full salary and any payment
received by him/her except travel pay, for such duty.
Resolution No.
Page Ten
F. LEAVE OF ABSENCE WITHOUT PAY
G.
1. General Policy
Any employee may be granted a leave of absence without
pay upon the approval of the City Council pursuant to the
recommendation of the City Manager except that in case of
a leave of absence without pay of sixty (60) consecutive
calendar days or less, the approval of the City Council
shall not be required. A leave without pay may be
granted for any of the following reasons:
Illness or disability
Pregnancy
To take a course of study which will increase the
employee's usefulness on return to his/her position
in the City service.
For personal reasons acceptable to the City Council
and/or City Manager.
2. Leave Without Pay
An employee shall utilize all of his/her vacation and/or
compensatory time off prior to taking an authorized leave
of absence without pay.
A prorate reduction of normal annual vacation and sick
leave accruals shall be applicable to approved absence
without pay. Whenever the absence is less than one
month, the prorated reduction shall be rounded to the
nearest hour. An absence of fifteen days or more without
pay constitutes a break of continuous service with the
City. An employee on leave of absence does not have any
of the privileges granted regular full-time employees.
BEREAVEMENT LEAVE
Whenever any employee is compelled to be absent from duty
by reason of death or critical illness (where death
appears imminent) of members of the employee's immediate
family (father, mother, legal guardian, brother, sister,
spouse, children, mother-in-law, father-in-law,
grandmother, grandfather or grandchildren), such person
shall be entitled to a leave of absence with pay for up
to three working days. The employee shall furnish
satisfactory evidence of such death or critical illness
to his/her department head or City Manager. Sick
Resolution No.
Page Eleven
leave shall be allowed in any case where in the preceding
six (6) calendar months a leave on the grounds of the
critical illness of that same relative has been granted.
Leave of absence shall not be allowed. Such Bereavement
Leave may be increased up to a total of five (5) days in
the event of the death of a member of the immediate
family, when such services for the deceased person is
located more than 500 vehicular miles from the City of
San Jacinto and the unit member actually travels to
attend such services. Should leave be requested for
death of a non -married partner, the City Manager may
request a certification from the unit member as proof of
said relationship.
H. FAMILY SICK LEAVE
Employees may use up to three (3) days of family sick
leave for immediate family members per fiscal
year. Family sick leave may be used when a members of
the employee's immediate family (father, mother, brother,
sister,spouse, children, mother-in-law, father-in-law,
grandmother, grandfather or grandchildren and may include
the unmarried partner maintaining a marital -type
relationship with the employee, provided said partner
resides with the employee), residing in the same
household, requires the immediate attention of the
employee. Employees may be required to provide
satisfactory proof showing the nature and extent of the
illness or injury to justify the absence. Family sick
leave is in addition to sick leave.
I. TEMPORARY DISABILITY LEAVE
1. Upon submission of an appropriate certificate from a
licensed physician, an employee may be granted temporary
disability leave. The employee utilizing temporary
disability leave may utilize all sick leave accredited to
him/her and upon the expiration of sick leave may utilize
any accredited annual vacation leave. When both sick
leave and annual vacation leave credits are exhausted,
the remainder of the absence required will be on the
basis of leave without pay. If leave without pay is
utilized, no accruals of leave or benefits will be
credited to the employee. The leave without pay will
constitute a break in continuous service with the City.
2. Pregnancy Leave Whenever the Temporary Disability
Leave is due to a pregnancy of a female employee,the
employee shall produce a certificate of a licensed
physician which shall advise the City as to the health
Resolution No.
Page Twelve
and welfare of the employee in relationship to the physical
and emotional demands of the position and duties which she is
performing for the City and shall state that the employee
should not continue her work assignments until released by the
physician. This release certification shall insure that the
employee is physically and mentally capable of returning to
normal work assignments of the position which she departed.
Temporary disability leave because of pregnancy shall not
extend beyond a maximum period of six (6) months unless the
licenses physician requests an additional period of absence
which may or may not be granted by the City Manager. It shall
be the obligation of the employee to notify the Department
Head/City Manager as early as possible of any knowledge
relating to her pregnancy.
J. HOLIDAYS
Unit members shall be granted the following holidays:
a. New Year's Day (January 1st)
b. President's Day (3rd Monday in February)
c. Memorial Day (last Monday in May)
d. Independence Day (July 4th)
e. Labor Day (1st Monday in September)
f. Columbus Day (2nd Monday in October)
g. Veteran's Day (November llth)
h. Thanksgiving Day (4th Thursday in November)
i. Thanksgiving Friday (day following
Thanksgiving)
j. Christmas Day (December 25th)
k. Two floating holidays each fiscal year
1.1 Any holiday falling on Saturday shall be observed on
the preceding Friday.
1.2 Any holiday falling on Sunday shall be observed on
the following Monday.
1.3 If a holiday occurs on a day which is the employee's
regular day off, he/she shall be entitled to
holiday pay in the amount of eight (8) hours at
straight time.
1.4 If an employee works on a holiday, he/she shall be
entitled to holiday pay in the amount of eight (8)
hours at straight time in addition to the amount
paid for any time actually worked.
1.5 At the discretion of the department head, an
employee may be given a day off in lieu of pay in
the case of 1.3 and 1.4.
Resolution No.
Page Thirteen
1.6 Each department will adopt rules pertaining to the
required number of days notice for use of floating
holiday.
K. MILITARY LEAVE
Military leave shall be granted in accordance with the
applicable provision of State Law.
SECTION IX - Other Benefits
A. HEALTH INSURANCE
1. The City will provide fully paid health and medical
coverage for employee plus dependents.
B. DENTAL/OPTICAL INSURANCE
1. The City will provide fully paid Dental/Optical
coverage for employees plus dependents.
C. DISABILITY INSURANCE
The City shall contribute, on behalf of each employee, an
amount equal of the premium on the existing long-term and
short-term disability plans.
D. LIFE INSURANCE
Upon qualification, a group life insurance policy will be
provided for each management and confidential employee.
(shown on Appendix "B").
E. RETIREMENT
1. As a member of the Public Employees' Retirement
System, the City will contribute the normal employer's
full share of PERS retirement. The City's
program shall consist of the two percent (2%) at age 60,
single highest year, two percent (2%) at age
55 for safety employees highest three years
and 1959 Survivor's Benefits for both classes.
2. The City will pay, on behalf of the employee, a
maximum of seven percent (7%) of the employee's share of
the PERS contribution.
Resolution No.
Page Fourteen
F. UNIFORM ALLOWANCE
The City shall contribute that amount equal to allowance
paid to rank and file safety employees, to those
employees required to wear uniforms. Class D employees
who may be assigned to temporary dispatch duties shall
also be eligible for uniform allowance.
G. CITY VEHICLES
Department heads will be authorized the full-time use of
assigned City vehicles. Personal use of the City vehicle
will be allowed on a limited basis and will comply with
IRS regulations. A vehicle allowance shall be authorized
for Department heads in -lieu of a City assigned vehicle
at the discretion of the City Manager. Full-time
vehicles may be assigned to other non -departmental head
management individuals at the discretion of the City
Manager. (see attached matrix of benefits, Appendix
11611)
H. MILEAGE REIMBURSEMENT
Should City require an employee to use his/her personal
automobile on City business, City shall reimburse the
employee the amount allowed by the IRS per mile for such
use. City may establish rules and regulations for the
use of personal automobiles, including the requirement
that the employee maintain liability insurance and a
valid California driver's license of the appropriate
class in such amounts as City may prescribe. Nothing
stated herein shall be construed to require that City
permits use of a personal automobile for City business.
Each use of personal automobiles shall require the
approval of the City Manager or Department Head.
I. TUITION REIMBURSEMENT
a. All affected employees are eligible to receive
tuition reimbursement. Courses must have begun
after appointment and be in excess of the
educational standards for the position. An example
of this would be job -related college or university
courses when the specification for the
classification calls for high school graduation.
Resolution No.
Page Fifteen
b. Employees shall be reimbursed for tuition,
registration fees and texts required for the
eligible courses. Expenses for parking, travel,
lodging, meals, processing fees, transcript fees,
materials and any other costs are not reimbursable.
c. Employees shall be reimbursed up to the dollar
amount charged for the same number of units per
term by California State University, except that
those enrolled in University of California courses
shall be reimbursed up to the dollar amount charged
for the same number of units by the UC campus
attended. An employee shall not receive
reimbursement in excess of five hundred ($500.00)
in any one fiscal year.
The difference between the City's maximum
obligation during any fiscal year and the amount of
any actual reimbursement received by the employee
during that fiscal year shall not be carried over
or be available to use by the employee in any
subsequent fiscal year.
d. Course work must be related to the employee's
current occupation or to a City classification to
which the employee may be eligible for promotion
within the employee's current job series within the
next five years.
e. Courses must be traditional classroom courses
taken at colleges or universities and approved by
the Western Association of Schools and Colleges.
Credits given for courses including, but not
limited to, life experience, military training, and
professional training are not eligible for tuition
reimbursement.
f. Course work should not duplicate training which
the employee has already had, which is to be
provided in-house, or previously taken courses
unless special approval has been granted by the
Department Head and the Personnel Department.
g. Courses may be approved which are required for
the completion of the pre -approved job -related
major. An example would be general education or
elective requirements for the major as stated in
the school catalog. Remedial courses or those
taken as required for a non -approved major shall
not be eligible.
Resolution No.
Page Sixteen
h. Classes related to the use of purchased City -
approved computer equipment, may be authorized
under the tuition reimbursement program if pre -
approval is granted before commencement of a non -
accredited class.
i. Course work cannot be taken on City time and it
must be certified that all courses submitted for
approval are taken on the employee's off -duty time.
j. A pre -approval form should be submitted to the
Department Head and to personnel before the course
work is begun to certify eligibility.
k. In order to be reviewed, each application must
state exactly which units or credits the employee
is applying for and whether the courses submitted
are core courses or recommended electives for the
approved major.
1. Reimbursement shall be submitted within three
(3) months of completion of the approved course
with a minimum final grade of "C" or its
equivalent. A pass in a pass -fail course will be
considered equivalent to a "C". No reimbursement
shall be made for audited or incomplete courses.
m. Employees must submit from the attendant
institution an original certification of major,
fees paid and grade achieved in order to have their
application considered for reimbursement. These
documents must accompany the reimbursement
application form in order to be processed.
n. Upon termination from employment, employees
shall be required to reimburse the City for any
funds received under this program for courses
completed during the last twelve months of
employment. This payback provision does not apply
to employees who are laid off by the City or who
separate as a result of a City/Departmental
reorganization.
SECTION X - During the term of this Resolution, the City
reserves the right to discuss, with employees covered under
this Resolution, for the purpose of implementation of
Personnel Rules and Regulations, Resolution for recognition of
Employee Organizations, Americans with Disabilities Act
procedures, Policies for a Drug Free Workplace proposal,
Voluntary Time Bank Policy, and other policies which may
affect management and confidential employees.
Resolution No.
Page Seventeen
SECTION XI - Term
The effective date of this Resolution is July 2, 1992, due to
the delay in passing the State budget in Fiscal Year 1992-93,
and shall continue in force until amended or replaced by
subsequent Resolution of the City Council.
SECTION XII Resolution No. 1785 is hereby rescinded upon
adoption of Resolution .
MOVED, PASSED AND ADOPTED THIS day of , 1992 by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
the City Manager and shall not be granted should
circumstances require that the position be filled due to
staffing needs. Failure on the part of the employee on
leave to report to the City Manager promptly at the
expiration of the leave, or within a reasonable time
after notice by the City Manager to return to duty after
such leave, shall be cause for discharge.
(b) Non -Work Related Injury/Illness: Upon a non -work
related injury or illness that prevents an employee from
returning to work, the City Manager may, upon written
request grant a leave of absence without pay for a period
not to exceed one (1) year. Leave shall be granted
solely within the discretion of the City Manager and
shall not be granted should circumstances require that
the position be filled due to staffing needs. Prior to
the granting of any leave, the employee must have first
exhausted all accrued sick leave and vacation time.
During the period wherein the employee is using accrued
sick and vacation leave, the City shall continue to pay
medical premiums in the amount applicable under paragraph
4.2, above. After exhaustion of sick and vacation leave,
and whether or not leave is granted or employment
terminated due to a non -work related illness or injury,
City shall continue payment of medical insurance premiums
pursuant to paragraph 4.2 for a period of one (1) month
past termination or the granting of leave without pay.
5.6 Serious Family Illness: Each calendar year unit members may
take up to four (4) days Serious Family Illness leave in cases
where their absence is required due to illness or disability in the
immediate family. The immediate family means the unit members'
spouse, child, parent, brother or sister, grandparent or grandchild
if residing with the unit member, and may include the unmarried
partner maintaining a marital -type relation with the unit member
provided said partner resides with the unit member. Should leave
be requested for illness of a non -married partner, the City Manager
may request a certification from the unit member as proof of said
relationship. In emergency situations, additional Serious Family
Illness leave may be granted at the discretion of the City. Serious
Family Illness leave shall be granted by the City when, in the
judgment of management the relationship between the sick or dis-
abled person and the unit member warrants the use of such leave.
Serious Family Illness leave shall not accumulate from year-to-
year. Unit members shall furnish, satisfactory proof showing the
nature of the illness, injury, or disability to justify the
absence.
5.7 Bereavement Leave: Each unit member may take up to three (3)
days Bereavement Leave per calendar year in the event of the death
of a member of the immediate family. Such Bereavement Leave may be
9
increased up to a total of five (5) days in the event of the death
of a member of the immediate family, when the final services for
the deceased person is located more than 500 vehicular miles from
the City of San Jacinto and the unit member actually travels to
attend at such services. The immediate family means the unit
members' spouse, child, parent, parent -in-law, brother or
sister, grandparent or grandchild, and may include the unmarried
partner maintaining a marital -type relation with the unit member
provided said partner resides with the unit member. Should leave
be requested for death of a non -married partner, the City Manager
may request a certification from the unit member as proof of said
relationship.
I_CLE VI
Y lidays
6.1 Unit members shall be granted the following holidays:
(a) New Year's Day (January 1st)
(b) President's Day (3rd Monday in February)
(c) Memorial Day (last Monday in May)
(d) Independent Day (July 4th)
(e) Labor Day (1st Monday in September)
(f) Columbus Day (2nd Monday of October)
(g) Veteran's Day (November llth)
(h) Thanksgiving Day and the day after (4th Thursday
in November and the day after)
(i) Christmas Day (December 25th)
(j) Two floating holidays each fiscal year
6.2 Any holiday falling on Saturday shall be observed on the
preceding Friday.
6.3 Any holiday failing on Sunday shall be observed on the
following Monday.
6.4 If a holiday occurs on a day which is the employee's regular
day off, he/she shall be entitled to holiday pay in the amount of
eight (8) hours at straight time.
6.5 If an employee works on a holiday, he/she shall be entitled to
holiday pay in the amount of eight (8) hours at straight time. in
addition to the amount paid for any time actually worked.
6.6 At the discretion of the department head, an employee may be
given a day off in lieu of pay in cases described in 6.4 and 6.5.
6.7 Each Department will adopt rules pertaining to the required
advance notice to be given prior to use of floating holidays.
ARTICLE VII
10
TOTPL P.02
STAFF REPORT
TO:
FROM: Les Evans
DATE: September 15, 1992
Honorable Mayor a-nd Members of the City Council
SUBJECT: AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES -
BSI
RECOMMENDATION
Approve the Consultant Services Agreement with BSI for Construction
Management Services and authorize the Mayor to execute the
Agreement on behalf of the City.
FISCAL IMPACT
The recommended contract amount is $10,000 which will be funded
with Community Facilities District money.
BACKGROUND ANALYSIS
The City has experienced considerable problems in administration of
the contract with Genesis for the construction of offsite
improvements for CFD #2 Phase 2.
Genesis has engaged the services of a consultant to advise them on
aggressive interpretation of plans and specifications. It has
become apparent that the City needs to hire its own contract expert
to address and negotiate complex contract interpretation on a day-
to-day basis.
BSI is a consultant firm that offers this expertise. They are
offering us the services of Mr. Pat Murphy who has recently
completed a major freeway construction management project for
CALTRANS.
a:Ies#3BSI
BSI CONSULTANTS, INC.
Professional Services Agreement (Inspection)
iHIS AGREEMENT is made and entered into this day of
19 , by and between City of San Jacinto hereinafter referred to as "AGENCY",
and BSI CONSULTANTS, INC., hereafter referred to as "BSI".
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually
agree as follows:
ARTICT.F 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as follows:
Rancho San Jacinto Community Facilities
District No. 2, Phase 2 (Genesis Construction)
1,2 Descrintion.of Services
BSI shall perform Services described in Exhibit "A", Scope of Work, attached
hereto and incorporated herein by this reference. BSI shall not have control over or charge of
and shall not be responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work since these are
solely the construction contractor's responsibility. BSI shall not be responsible for the
construction contractor's schedules or failure to carry out the work in accordance with the
contract documents. BSI shall not have control over or charge of acts or omissions of the
construction contractor, subcontractors, or their agents or employees, or of any other persons
performing portions of the work.
1.3 Responsibilities of Agency
The RsponsibiiUes of the AGENCY re included in Exhibit "A"' attaches.
and incorporated herein by this reference.
1.4 Schedule of Work
Upon receipt of written Notice to Proceed from the AGENCY, BSI shall perform
Services in the Scope of Work with diligence. BSI shall not be responsible for delay, nor shall
1
EEF 10 '92 08:E7 TO 17146E: '28 F-7PCM BSI CONSULT;!NTS Tt12.
B.SI be responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of AGENCY to furnish timely information or
to approve or disapprove BSI'S work promptly, or delay or faulty performance by AGENCY,
other contractors, or governmental agencies, or any other delays beyond BSI'S control or
without BSI's fault.
The services of this Agreement cover 100 working days for construction,
as specified in the Specifications. In the event time extensions and/or change orders extend the
project construction period beyond the original contract period, additional fees necessary to
cover additional efforts will be negotiated separately, over and above the original fee amount.
If the work is delayed at any time by reason of a suspension ordered by AGENCY
or because of any other act of AGENCY, or if the work should be delayed by any of the reasons
above, or for any other reason which, in the opinion of the AGENCY is proper justification for
such delay, then BSI shall be entitled to an extension of time equivalent to the time actually lost
by such delay.
ARTICLE 2
COMPENSATION
2.1 Eee
AGENCY agrees to compensate BSI in the amount of $ 8 5 . o o per hour
for field inspections or office work at AGENCY'S facilities, plus Thirty -Six Cents ($0.36) per
mile for mileage charges for BSI field inspectors. The total fee, including mileage, is estimated
in the amount of $10,000.00
The hourly rates and total fee amount are subject to annual revision, effective March
31st of each year.
2.2 Payment Address
All payments due BSI shall be paid to;
BSI CONSULTANTS, INC.
16880 West Bernardo Drive
San Diego, California. 92127
2.3 Termi_of Compensation
BSI will submit invoices monthly for the percentage of work performed in the
previous month. AGENCY agrees to pay all undisputed invoice amounts within thirty (30) days
2
of the invoice date. AGENCY agrees to notify BSI of any disputed invoice amounts within ten
(10) days of the invoice date. Delinquent invoices will be subject to a late payment carrying
charge computed at a periodic rate of 1.5 % per month, which is an annual percentage rate of
18%, which will be applied to any unpaid balance commencing forty-five (45) days after date
of the original invoice.
Additionally, in the event AGENCY fails to pay any undisputed amounts due BSI
within forty-five (45) days after invoices are rendered, then AGENCY agrees that BSI shall have
the right to consider said default a total breach of this Agreement and the duties of BSI under
this Agreement may be terminated by BSI without Iiability to BSI upon ten (10) working days
advance written Notice.
2,4 Additional Services
AGENCY may request BSI to perform additional services not covered by the
specific Scope of Work set forth in this Agreement, and BSI shall perform such services and will
be paid for such additional services when they are mutually agreed to and made part of this
Agreement by written amendment.
ARTICLE 3
INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
3.1 Indemnification
BSI agrees to indemnify and hold harmless AGENCY, its officers and employees
from and against liability, damages, costs, losses, claims and expenses, including reasonable
attorneys' fees, arising out of the negligent acts, errors, or omissions of BSI in the performance
of this Agreement.
In the event AGENCY obtains indemnification for itself from another party
performing work on the Project, AGENCY shall require that party to indemnify BSI to the same
extent that party indemnifies AGENCY.
3.2 Limitation of Liability
AGENCY and BSI have discussed their risks, rewards and benefits of the Project
and the BSI fee for services. The risks have been allocated such that AGENCY agrees that to
the fullest extent permitted by law, BSI's total liability to AGENCY under this Agreement shall
not exceed the total fee of this Agreement,
3.3 Workers' Compensation
BSI maintains Workers' Compensation and Employer's Liability Insurance of a
3
HP 10 'n 1 1=1E541
FPDH HS I DNSULT:;f .-3
form and in an amount as required by state law.
3.4 General Liability
BSI maintains Comprehensive General Bodily Injury and Property Damage
Liability, including Automobile (owned, non -owned, or hired), in the amount of One Million
Dollars ($1,000,000), combined single limits per occurrence and anneal aggregate.
3.5 Notice of Cancellation
BSI agrees to provide ten (10) days written Notice to AGENCY prior to
cancellation of any policy.
3.6
• 'vs
ided Information
AGENCY agrees to indemnify and hold harmless BSI, its officers and employees,
from and against any and all liability, damages, costs, loscos, claims and expenses, including
reasonable attorneys' fees, due to incorrect data or information provided by the AGENCY
including, but not limited to utility location data, as -built drawings, topographic survey,
geotechnical reports, etc.
In the event AGENCY fails to provide a soils or geotechnical report for the
services to be performed in this Agreement, BSI will bear no responsibility for and CLIENT will
indemnify and hold harmless BSI, its officers and employees from and against any and all
liability, damages, costs, losses, claims and expenses of any nature arising out of or related to
soils or geotechnical requirements needed for the subject Agreement.
ARTICT.F 4
TERMINATION
4.1 Termination of Contrary
This Agreement may be terminated by either party at any time with or without
cause upon thirty (30) days prior written Notice. In the event of termination by AGENCY, BSI
shall be paid at the hourly rates then in effect within thirty (30) days of submittal of invoice for
all services performed to the date of termination and for all expenses directly attributable to the
termination, including, but not limited to, any cancellation charges by subconsultants and/or
Contractors.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
4
5.1 Ownership of DocumentS
All plans, specifications, reports and other design documents prepared by BSI
pursuant to this Agreement are instruments of service which shall be deemed the property of the
AGENCY. AGENCY acknowledges and agrees that all plans, specifications, reports and other
design documents prepared by BSI pursuant to this Agreement shall be used exclusively on this
Project and shall not be used for any other work without the written consent of BSI. In the event
AGENCY and BSI permit the reuse or other use of the plans, specifications, reports or other
design documents, AGENCY shall require the party using them to indemnify and hold harmless
AGENCY and BSI regarding such reuse or other use, and AGENCY shall require the party
using them to eliminate any and all references to BSI from the plans, specifications, reports and
other design documents. BSI may apply for copyrights or patents on all or any part of the work
performed under this Agreement.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
An AGENCY representative shall be designated by the AGENCY and a BSI
representative shall be designated by BSI as the primary contact person for each party regarding
performance of this Agreement.
AGENCY Representative
Les Evans
BSI Representative
Bob Kuhn
In the event of the termination of the employment of the BSI Representative, the
designated replacement shall be subject to approval by the AGENCY.
BSI shall work closely and cooperate with the AGENCY Representative. The
AGENCY representative shall review and give his or her approval of the details of the services
performed as the work progresses. Reviews a appropriate stages of inspection services may be
made by AGENCY.
6.2 Caordination
BSI shall work closely with the AGENCY Engineer or his or her designated
representative who shall review and approve the details of the work as it progresses. Reviews
at appropriate stages of inspection services may be made by AGENCY.
6.3 121L DiscriminatiQq
In the performance of the terms of this Agreement, BSI shall not engage in
5
_EF 10 ° E ia: TO _ ; 1465
FROM ES I CONSUL`;NTS : e IC
discrimination in the employment of persons because of race, creed, color, religion, national
origin, age, physical handicap, marital status or sex.
6.4 L&eal Action
Should either parry to this Agreement bring legal action against the other, the case
shall be handled in San Diego County, California, and the party prevailing in such action shall
be entitled to reasonable attorneys' fee which shall be fixed by the judge hearing the case and
such fee shall be inclu • in the judgment.
•
Should any legal action about the Project between AGENCY and a party other
than BSI require the testimony of BSI when there is no allegation that BSI was negligent,
AGENCY shall compensate BSI for its testimony and preparation to testify at the BSI hourly
rates in effect at the time of such testimony.
6.5 Assignment
This Agreement shall not be assignable by either party without the prior written
consent of the other party.
Notwithstanding the above, BSI may use the services of persons and entities not
in their employ, when it is appropriate and customary to do so. Such persons and entities
include, but are not necessarily limited to, surveyors, specialized consultants, and testing
laboratories. BSI's use of others for additional services shall not be unreasonably restricted by
the AGENCY provided ESI notifies the AGENCY in advance.
6
=C-
6.6 Audit
AGENCY shall have the right to audit and inspect BSI's records and accounts
covering costs under this Agreement for a period of two years after ASI's final invoice.
6.7 Hazardous Materials
Unless otherwise provided in this Agreement, BSI and its subconsultants and/or
contractors shall have no responsibility for the discovery, presence, handling, removal or
disposal of, or exposure of persons to hazardous materials in any form at the site of the Project.
6.8 Titled
The titles used in this Agreement are for general reference only and are not part
of the Agreement.
6.9 Extent of Agreement
This Agreement represents the entire and integrated Agreement between AGENCY
and TI.SI and supersedes all prior negotiations, representations or agreements, either written or
oral. This Agreement may be modified or amended only by a subsequent written agreement
signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first above written.
Date:
BSI CONSULTANTS, INC.
BY:
BY:
Date: TITLE:
7
EXHIBIT "A"
SCOPE OF WORK
BSI shall provide the services of Pat Murphy, or other as approved
by the Agency, on a time and material basis for construction
management assistance. Mr. Murphy shall be reasonably available by
telephone for advice and shall be available, as mutually agreed by
Agency and BSI, at the job site.
It is anticipated that the duration of the contract will be
approximately three (3) months or 100 days. Approximately 8 hours
per week will be required for assistance at the job site in minimum
four hour increments on a scheduled basis.
5-1/
THOMAS M. COX
JAM ES A. COX
BEVERLY M. CAMPER
September 9, 1992
COX, COX & CAMPER
A PROFESSIONAL CORPORATION
ATTORN EYS AT LAW
SOS EAST FLORIDA AVENUE
HEMET, CALIFORNIA 92543
To: Mayor and Members of the City Council
From: James Cox
Re: Jones Intercable, Surrender of Franchise.
TELEPHONE
AREA CODE 714
652-1400
FAX 71.4:1 652-3990
As you are probably aware, Jones Intercable has entered into an
agreement to sell its cable facilities in San Jacinto to Inland
Valley Cablevision.
Jones has requested the City to accept Jones' surrender of its
franchise and to release it from the $300,000.00 contract per-
formance bond which it had posted at the commencement of its
franchise.
The enclosed resolution proposes the acceptance of the surrender
upon certain conditions which assure the City of certain promises
made by Jones in its franchise agreement, including delivery of
promised video equipment and full payment of any franchise fees
due.
RECOMMENDATION: Adopt Resolution accepting Jones' surrender
of franchise subject to the listed conditions.
Respectfully submitted,
James A. Cox
7'/D
DATE:
TO:
STAFF REPORT
September 15, 1992
Mayor and City Council
FROM: Pamela L. Lee, Deputy City Clerk
SUBJECT: Elected City Clerk and City Treasurer Salary
RECOMMENDATION: Discussion of salary.
BACKGROUND: The historical research on this matter was not
complete at the time of agenda distribution. Staff hopes to have
more information available in time for the meeting for Council
consideration.