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RES 1993i �. � ! < � � � ' � .. If � •i � l r i 0.) CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -1 RESOLUTION AUTHORIZING EXECUTION OF APPLICATION FOR FINANCIAL ASSISTANCE FROM THE STATE BOATING SAFETY AND ENFORCEMENT AID PROGRAM. WHEREAS, the City of South Lake Tahoe desires to continue its. boating safety and enforcement program to be funded in part from funds made available through Section 663.7 of the Harbors and Navigation Code. AND WHEREAS, the Chief of Police for the City of South Lake Tahoe, is authorized on its behalf to submit the attached application for financial aid to the State Department of Boating and Waterways and he is authorized to execute on behalf of South Lake Tahoe Police Department the attached application for a boating safety and enforcement program. NOW, THEREFORE, it is hereby determined that the City Council of the City of South Lake Tahoe does authorize execution of application for financial assistance from the State Boating Safety and Enforcement Aid Program. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a regular meeting on January 5, 1993 , by the following vote: AYES KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES ABSENT ATTEST: CITY SEAL • r� L� C7 CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 199:3-2 ACCEPTING WORK UNDER CONTRACT FOR INTERSECTION SIGNALIZATION AL TAHOE BLVD/JOHNSON BLVD PWC 1987 -04, BID NO. 1992-15 AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION RESOLVED, by the City Council of the City of South Lake Tahoe, that: WHEREAS, the City Engineer has filed with the City Clerk the Engineer's Certificaie as to the a )mpietion of all work provided to be iOne under and pursuant to the Contract between the City and MAY -HAN ELECTRIC INC., dba M & M ELECTRIC, as Contractor, dated August 18, 1992, and; WHEREAS, it appears to the satisfaction of the Council that their work under said Contract has been fully completed and done as provided in said Contract and the plans and specifications therein referred to; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED: 1. That said work be, and it is hereby, accepted by the City of South Lake Tahoe and deemed completed according to the terms and conditions of said Contract. 2. That the City Engineer be, and hereby is, directed to execute Notice of Completion of said works as required by law. 3. That the City Clerk be, and hereby is, directed to file for record with the County Recorder of the County of El Dorado, Notice of Completion of said works as required by law. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on January S ,1993, by the following votes: AYES: Councilmembers: KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES: ATTEST: RESOLUTION NO. 1993 -3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE APPROVING AN INSTALLMENT PURCHASE FINANCING TO BE UNDERTAKEN BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT BARTON MEMORIAL HOSPITAL Tuesday, January 5, 1993 WHEREAS, Barton Memorial Hospital, a California nonprofit public benefit corporation (the "Corporation "), has requested that the California Statewide Communities Development Authority (the "Issuer ") participate in an installment purchase financing (the "Financing ") for the Corporation's acute care hospital facilities (the "Facilities ") located within the City of South Lake Tahoe (the "City"), to finance and refinance certain indebtedness and other obligations of the Corporation and the financing and refinancing of certain acquisition, construction, rehabilitation, remodeling and other capital projects with respect to the Facilities; WHEREAS, as part of the Financing, title to a portion of the Facilities will be transferred to the City and then immediately transferred by the City to the Issuer in accordance with Treasury is Revenue Ruling No. 63 -20; WHEREAS, in connection with the Financing, the Issuer and the City will enter into an installment purchase agreement (the "Purchase Agreement ") under which the City will sell the Facilities to the Issuer and the Issuer will agree to make payments (the "Installment Payments ") to the City for the purchase thereof; WHEREAS, certificates of participation (the "Certificates ") in an aggregate principal amount not to exceed eighteen million dollars ($18,000,000), each representing a proportionate undivided interest in the Installment Payments, will be executed, delivered and sold in connection with the Financing; WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the "Code ") the Financing and the issuance of the Purchase Agreement by the Issuer must be approved by the City because the Facilities are located within the territorial limits of the City; WHEREAS, the City Council of the City (the 'Council ") is the elected legislative body of the City and is one of the applicable elected representatives required to approve the iKa- Simi.I Financing and the issuance of the Purchase Agreement under Section 147(f) of the Code; WHEREAS, the Issuer has requested that the Council approve the Financing and the issuance, execution and delivery of the Purchase Agreement in order to satisfy the public approval requirement of Section 147(f) of the Code, and the requirements of Section 9 of the Amended and Restated Joint Exercise of Powers Agreement (the "Agreement "), dated as of June 1, 1988, among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the Council has, following notice duly given, held a public hearing regarding the Financing and the issuance of the Purchase Agreement, and now desires to approve the Financing and the issuance of the Purchase Agreement. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1. The Council hereby approves the Financing and the Purchase Agreement. The Mayor or his designee is hereby authorized and directed for and on behalf of the City, to execute and deliver the Purchase Agreement in substantially the form presented at this meeting, with such changes and insertions therein, as may be necessary to cause the same to carry out the intent of this resolution and as such member, with the advice of counsel to the City, may approve, such approval to be conclusively evidenced by the execution and delivery thereof. It is the purpose and intent of the Council that this resolution constitute approval of the Financing and the issuance of the Purchase Agreement (and the execution and delivery of the certificates of participation related thereto) for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Facilities are located, in accordance with said Section 147(f) , and (b) Section 9 of the Agreement. 2. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby. 3. This resolution shall take effect immediately upon its passage. & sci- SIOOI.! 2 PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe, State of California, the 5th day of January 1993 by the following vote: AYES: KLEIN, COLE, OSTI, DAVIS & DU QUITE NAYS: ABSENT: ATTEST: City Clerk r � - -,f IN fy � C C 19 65 • so- sjam.1 3 f • is • EXHIBIT A Pursuant to the provisions of the Joint Powers Act, comprising Article 1, Article 2, and Article 3 of Chapte.. 5 of Division 7 of Title 1 (commencing with Section 6500) of t;e Government Code of the State of California (the "Act "), a number of California cities and counties entered into a joint exercise of powers agreement (the "Agreement ") pursuant to which the California Statewide Communities Development Authority (the "Authority ") was organized. The Authority is authorized by its Agreement to issue bonds, notes, or other evidences of indebtedness, or certificates of participation in leases or other agreements in order to promote economic development. The Authority is also authorized, by a resolution adopted March 21, 1991, to issue bonds, notes, or other evidences of indebtedness, or certificates of participation in leases or other agreements to finance or refinance health care facilities owned and operated by organizations described in Section 501(c)(3) of the Internal Revenue Code of 1986 and which are determined by the Authority to satisfy the criteria set forth in such resolution. L • CITY OF SOUTH LAKE TAHOE FdOOI TIIONNO. 19 9 3 - 4 RESOLUTION RATIFYING EXECUTION OF JOINT POWERS AGREEMENT EL DORADO COUNTY - CITY OF PLACERVILLE - CITY OF SOUTH LAKE TAHOE AUTHORIZING EXCHANGE OF FUNDS UNDER THE PROVISIONS OF INTEMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) RESOLVED, by the City Council of the City of South Lake Tahoe, that WHEREAS, the City of South Lake Tahoe, the City of Placerville, and the County of EI Dorado have entered into a joint powers agreement to allow for exchange of funds in accordance with the Intermodal Surface Transportation Efficiency Act; and WHEREAS, the provisions of said Act require a resolution authorizing entry into such an agreement be adopted by the City Council; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED: Execution of that certain agreement between the City of South Lake Tahoe, the City of Placerville and the County of El Dorado concerning the Intermodal Surface Transportation Efficiency Act, dated for convenience December 14, 1992, is hereby ratified. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on January i 9 L9 93 by the following votes: AYES: Councilmembers: KLEIN, COLE, OSTI, DAVIS b DU QUITE NOES: Councilmembers: ABSENT: Councilmembers: ATTEST: City Clerk t�r/ lil i '19 65 wC I� QR v ayor • • n CITY OF SOUTH LAKE TAHOE pjMLUrMNO. 1993 -5 ACCEPTING WORK UNDER CONTRACT FOR TAHOE VALLEY EROSION CONTROL PROJECT PWC 1986 -06, BID NO. 1991 -21 AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION RESOLVED, by the City Council of the City of South Lake Tahoe, that: WHEREAS, the City Engineer has filed with the City Clerk the Engineers Certificate as to the completion of all work provided to be done under and pursuant to the Contract between the City and Holman D. Pettibone, as Contractor, dated August 20, 1991, and; WHEREAS, it appears to the satisfaction of the Council that their work under said Contract has been fully completed and done as provided in said Contract and the plans and specifications therein referred to; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED: 1. That said work be, and it is hereby, accepted by the City of South Lake Tahoe and deemed completed according to the terms and conditions of said Contract. 2. That the City Engineer be, and hereby is, directed to execute Notice of Completion of said works as required by law. 3. That the City Clerk be, and hereby is, directed to file for record with the County Recorder of the County of El Dorado, Notice of Completion of said works as required by law. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on January 19 ,19 -U, by the following votes: AYES: Councilmembers: KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES: Councilmembers: ABSENT: Councilmembers: A SST: City Clerk 19 65 CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993- 6 APPROVING THE ADA PARATRANSIT PLAN UPDATE WHEREAS the City of South Lake Tahoe recognizes the contributions to our community and the vitality of persons with disabilities, and WHEREAS the City of South Lake Tahoe recognizes the need to make public transit accessible to all persons with handicaps or disabilities in such a manner as to allow the greatest mobility for such persons, and WHEREAS paratransit services are a necessary component of the public transit system to provide mobility for persons unable to access existing fixed route transit, and WHEREAS a viable, continually updated paratransit plan exploring and addressing the needs of the handicapped community is imperative for the provision of greater mobility to the handicapped community, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of South Lake Tahoe, that the ADA Paratransit Plan 1993 update attached hereto is approved in full by this Council. ® PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a regular meeting on January 19 , 1993, by the following vote: AYES: KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES: ATTEST: ANG LA PETER CITY CLERK 0 � 4.?193nes f !9 65 l; �1 �.J CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993- 7 RESOLUTION APPROVING A REVISED CLAIM FOR STATE TRANSIT ASSISTANCE FUNDS WHEREAS, California State Transit Assistance Funds are available through the Tahoe Regional Planning Agency, to transit operators throughout California, and WHEREAS, South Tahoe Area Ground Express has additional funding needs necessary for continued operation at existing service levels, and WHEREAS, the City of South Lake Tahoe, on behalf of STAGE, can request funding for those needs, WHEREAS, funds for capital expenditures previously approved by TRPA will not be utilized in the current fiscal year, and WHEREAS, those previously approved funds can be redirected to more urgent operating needs, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of South Lake Tahoe, that the claim for $32,172 is approved, and this body authorizes its submittal to TRPA. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a regular meeting on February 2 , 1993, by the following vote: AYES: KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES: ATTEST: 0 C • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -8 A RESOLUTION OF THE CITY OF SOUTH LAKE SUMMARILY VACATING THAT PORTION OF ROGER AVENUE WHICH LIES SOUTHWEST OF FIFTH STREET AS A PUBLIC RIGHT -OF -WAY. WHEREAS, Section 8334 et seq. of the California Streets and Highways Code provides that any excess right -of -way not required for street or highway purposes may be summarily vacated by a local agency through adoption of a resolution; and WHEREAS, this resolution seeks abandonment of that portion of the Roger Avenue right -of -way which lies Southwest of Fifth Avenue which is currently unpaved and not utilized for public street purposes. More specifically, the right -of- way being vacated is described as follows: Lot 19, as said lot is shown on the official map of Tamarack Subdivision, filed in the office of the E1 Dorado County Recorder on February 13, 1946 in Map Book A, more particularly described as follows: Beginning at the most southerly corner of Lot 19 Tamarack Subdivision; thence, North 460 52' West, 186.44 feet; thence, leaving said property line along a tangent curve to the right with a central angle of 890 01' 00" and a radius of 20.00 feet; thence, along said curve a distance of 31.07 feet to a point, said point being a point of cusp; thence, South 420 09' West, 19.66 feet to a point; thence, South 430 08' West, 40.00 feet to a point on the southwesterly right -of -way of Roger Avenue; thence, South 460 52' East, 206.10 feet to the most easterly corner of Lot 18, Tamarack Subdivision; thence, North 430 08' East, 40.00 feet TO THE POINT OF BEGINNING. (A parcel of land containing 8,330 square feet, more or less) A map depicting the real property described herein is attached hereto as Exhibit "A"; and 0 _. WHEREAS, the portion of street right -of -way herein described has not been utilized for public street purposes during the preceeding five years; and WHEREAS, the vacation of said street right -of -way shall be subject to the following reservation of public utility easement currently existing within the public right -of -way of Roger Avenue herein vacated: "Excepting and reserving therefrom pursuant to the provisions of Section 8340 or the Streets and Highways Code and for the benefit of the South Tahoe Public Utility District, the permanent easement and the right at any time or from time to time to construct, maintain, operate, replace, remove, and renew sanitary sewers, storm drains, water lines, and appurtenant structures, including access and the right to keep the property free from inflammable materials and wood growth, and otherwise protect the same from all hazards, in, upon, over and across that portion of the Roger Avenue street right -of -way in the City of South Lake Tahoe to be abandoned. "; NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED THAT, upon adoption and subsequent recordation of this resolution, that portion of the Roger Avenue right -of -way herein described shall be deemed as having been vacated and will no longer constitute a public street. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on February 2 01 1993, by the following vote: AYES: Councilmembers KLEIN, COLE, OSTI, DAVIS & DU QUITE EXHIBIT "A" Imo+ [9 cn -1 a � Ave. 5,V5Z'C�rY �04�•�b ! Lot 1 :F ii Fi • n u RESOLUTION NO. 1993- fl9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE APPROVING THE ISSUANCE BY THE SOUTH TAHOE JOINT POWERS FINANCING AUTHORITY OF NOT TO EXCEED $49,000,000 AGGREGATE PRINCIPAL AMOUNT OF REFUNDING REVENUE BONDS (SOUTH TAHOE REDEVELOPMENT PROJECT AREA NO. 1) 1993 SERIES A; APPROVING THE FORM AND wTSmvnRT sT►,r THV ever- rrrTnN OF AN PA AND RESTATED PROJECT LEASE; APPROVING THE ISSUANCE BY THE SOUTH TAHOE REDEVELOPMENT AGENCY OF NOT TO EXCEED $17,762,500 AGGREGATE PRINCIPAL AMOUNT OF REDEVELOPMENT PROJECT AREA NO. 1 TAX ALLOCATION BONDS, 1993 SERIES A; AND APPROVING THE FORMS AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST AND A REDEVELOPMENT AGREEMENT. WHEREAS, Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California authorizes and er+powers local agencies to form a joint powers authority and Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Cede of the State of California (the "Marks -Roos Local Bond Pooling Act of 198511) authorizes and empowers such an authority to issue bonds (as defined in the Marks -Roos Local Bond Pooling Act) for the purpose of financing public capital improvements, working capital;.liability and other insurance needs, or projects whenever there are significant public benefits,-as determined by the local agency; and WHEREAS, the City of South Lake Tahoe (the "City") and the South Tahoe Redevelopment Agency (the "Agency ") created and established, pursuant to the laws of the State of California, the South Tahoe Joint Powers Financing Authority (the-"Authority"} for the purpose of issuing bonds to finance public capital S-1-117531 ® improvements, working capital, liability and other insurance needs or projects, including but not limited to the acquisition, installation and improvement of certain public improvements within the redevelopment project area of the Agency as shall be more fully described in the Project Lease hereinafter mentioned (the "Project "); and WHEREAS, the City has determined that it is desirable and furthers the public purpose and that there are significant public benefits to be derived from securing the assistance of the Authority in financing the Project in that the City and the Agency will benefit from demonstrable savings in the cost of financing the Project as a result of their participation in the Authority and the issuance of bonds by the Authority pursuant to ® the Marks -Roos Local Bond Pooling Act of 1985; and WHEREAS, in order to achieve such public purpose, the City desires to approve the Authority's issuance of not to exceed $49,000,000 in aggregate principal amount of the Authority's South Tahoe Joint Powers Financing Authority Refunding Revenue Bonds (South Lake Tahoe Redevelopment Project Area No. 1) 1993 Series A (the "Revenue Bonds "); and WHEREAS, there has been presented to this meeting a proposed form of Amended and Restated Project Lease,'-dated as of March 1, 1993 (the "Project Lease "), by and between the City and the Authority, pursuant to which the City will lease certain municipal properties of the City to be described in the Project Lease to the Authority and the Authority will lease and sublease .the Project and such municipal properties to the City and the ZMU7533 2 City will agree to make rental payments to the Authority for the lease thereof; and WHEREAS, the Authority issued its Bond Anticipation Notes, 1989 Series A (the "1989 Notes ") to assist the Agency in financing the Project and; WHEREAS, under the Community Redevelopment Law, the Agency is empowered to issue tax allocation bonds to provide funds to aid in financing the Project; and WHEREAS, the City desires to approve the Agency's issuance of its Redevelopment Project Area No. 1 Tax Allocation Bonds, 1993 Series A in the aggregate principal amount of $17,762,500 (the "Tax Allocation Bonds ") to refinance the 1969 Notes pursuant to an indenture of trust; ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South Lake Tahoe as follows: Section 1. The City Council hereby finds and determines and confirms that the execution and delivery of the Joint Powers Agreement, dated January 3, 1989, between the City and the Agency and the consummation of the transactions contemplated therein and in this resolution shall result in significant public benefits to the City in that the City expects to benefit from demonstrable savings in costs related to financing the Project. Section 2. The City hereby approves the issuance of the Revenue Bonds by the Authority, in an aggregate principal amount not to exceed $49,000,000. srz»n;.i 3 if fully set forth herein, is hereby approved. The Mayor or City Manager or his delegate is hereby authorized to execute, and the City Clerk.is hereby authorized to attest, seal and deliver, the Project Lease, in substantially said form with such changes therein as shall be approved by the City Attorney and the Mayor or City Manager or his delegate executing the same, with such execution to constitute conclusive evidence of such officers' or delegates' approval and the City's approval of any changes or revisions therein from the form of the Project Lease on file with the City Clerk; provided, that the scheduled base rental to be paid by the City thereunder (exclusive of additional rental and ® special base rental provided for therein) shall not exceed $2,500,000 in any year. • Section 4. The City hereby approves the issuance of the Tax Allocation Bonds by the Agency. Section 5. The proposed forms of redevelopment agreement, dated as of March 1; 1993 by and between the Agency and the Authority, and the indenture of trust, dated as of March 1, 1993 by and between the Agency and Bank of America National Trust and Savings Association.as trustee, on file with the City Clerk, are hereby approved. Section 6. This resolution shall take effect immediately upon its adoption. SF2.u7S3J 4 Section 3. The Project Lease, in substantially the form on file with the City Clerk and incorporated by reference as if fully set forth herein, is hereby approved. The Mayor or City Manager or his delegate is hereby authorized to execute, and the City Clerk.is hereby authorized to attest, seal and deliver, the Project Lease, in substantially said form with such changes therein as shall be approved by the City Attorney and the Mayor or City Manager or his delegate executing the same, with such execution to constitute conclusive evidence of such officers' or delegates' approval and the City's approval of any changes or revisions therein from the form of the Project Lease on file with the City Clerk; provided, that the scheduled base rental to be paid by the City thereunder (exclusive of additional rental and ® special base rental provided for therein) shall not exceed $2,500,000 in any year. • Section 4. The City hereby approves the issuance of the Tax Allocation Bonds by the Agency. Section 5. The proposed forms of redevelopment agreement, dated as of March 1; 1993 by and between the Agency and the Authority, and the indenture of trust, dated as of March 1, 1993 by and between the Agency and Bank of America National Trust and Savings Association.as trustee, on file with the City Clerk, are hereby approved. Section 6. This resolution shall take effect immediately upon its adoption. SF2.u7S3J 4 PASSED AND ADOPTED on February 9, 2993, by the following vote: AYES: KLEIN, COLE, QSTI, DAVIS & DU QUITE NOES: ABSENT: Keith Klein Mayor of the City of fr South Lake Tahoe N. Angela Peterson Cit ' Clerk of the City of South Lake Tahoe g '2-1l7UJ CITY CLERK'S CERTIFICATE I, Angela Peterson, City Clerk of the City of South Lake Tahoe, do hereby certify as follows: The foregoing resolution is a full, true and correct copy of a resolution duly adopted by a vote of a majority of the members of the City Council of the City of South Lake Tahoe at a special meeting of said Council duly and legally held at the City of South Lake Tahoe, California, on February 9, 1993, of which all of such members had due notice, as follows: AYES: KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES: ABSENT: An agenda of said meeting was posted at least 72 hours ® before said meeting at 1900 Lake Tahoe Bl.; South Lake Tahoe, California 96150, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda. I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. M-1-13733.3 ® Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. Dated: February 9, 1993. J; GL� ity Clerk of the City of South Lake Tahoe [Seal] 19 65 T Ik sFb MIA City of South Lake Tahoe - Resolution No. 1993 - Q APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SOUTH �- LAKE TAHOE CITY FIREFIGHTERS ASSOCIATION WHEREAS, the city of South Lake Tahoe and the South Lake Tahoe City Firefighters Association have met and conferred in good faith in accordance with the provisions of the Meyer - Milias -Brown Act of the California Government Code; and WHEREAS, the South Lake Tahoe City Firefighters Association has ratified the Memorandum of Understanding for the Period October 1, 1992 through September 30, 1993, NOW THEREFORE IT IS HEREBY DETERMINED AND ORDERED THAT: This Council approves the Memorandum of Understanding between the City of South Lake Tahoe and the South Lake Tahoe Firefighters Association, which is attached hereto and incorporated herein by reference as though fully set forth. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on February 16 , 1993 by the following vote: AYES: CounciImembers KLEIN, OSTI, DAVIS & DU QUITE NOES Councilmembers ABSENT: Councilmembers COLE i Mayor ATTEST: i cat. C- jTN, Lq�� �'�;, ity ) _ • TABLE OF CONTENTS Section Title Page 1 RECOGNITION 1 1.1 City Recognition 1 1.2 Association Recognition 1 2 LIMITATION OF EFFECT 1 3 HEALTH AND WELFARE 2 3.1 Plan Documents 2 3.2 Medical /Dental Plan 2 3.3 Vision Care and Life Insurance 2 3.4 Cash Payment /Medical Cost 2 3.5 Retired Medical Plan 2 3.6 Flexible Spending Accounts 3 4 SICK LEAVE 3 4.1 Accrual 3 4.2 Advance Sick Leave 3 4.3 Pay for Unused Sick Leave 3 4.4 Sick Leave Incentive 4 4.5 Donation of Sick Leave 4 5 GRIEVANCES - ATTACHMENT B 5 6 DISCIPLINARY ACTION - ATTACHMENT C 5 7 WORKING HOURS 5 3.1 Work Week Schedule 5 7.2 Holiday Routine 5 8 HOLIDAYS 6 8.1 Official City Holidays 6 8.2 Holiday In -Lieu Pay 6 8.3 Converting Holiday Pay to Leave 6 8.4 Floating Holidays 7 9 RECALL WHILE OFF DUTY 8 4.1 Work While Off Duty 8 10 MANDATORY PHYSICAL EXAMINATIONS 8 11 CONFERENCE TIME 8 • • Section Title page 12 TUITION REIMBURSEMENT 8 13 EDUCATION ATTAINMENT PAY 9 13.1 Associate of Arts Degree in Fire Science 9 13.2 Certificate in Fire Science 9 14 SALARIES 9 14.1 Salary Ranges 9 14.2 Employee's Share of PERS Costs 9 14.3 Overtime for Fire Safety Employees 9 t5 VACATION LEAVE 10 15.1 Entitlement to Take Vacation 10 15.2 Accrual 10 15.3 Vacation Trades 10 15.4 Vacation Accuual 11 15.5 Pay for Unused Vacation 11 15.6 Holidays During Vacation 11 15.7 Vacation as Sick Leave 11 15.8 Partial Vacation 12 15.9 Vacation Sell Back 12 16 USE OF COMPENSATORY TIME OFF 12 17 UNIFORMS 12 17.1 Uniform Allowance 12 17.2 Damaged Uniforms and Equipment 13 17.3 Class A Uniforms 13 17.4 Mechanic's Uniform 13 17.5 Mechanic -Type Coveralls 13 18 RETIREMENT PLAN 13 18.1 Safety Retirement Coverage 13 18.2 PERS Contract Amendment for Fire 14 18.3 Employee Paid Option 14 19 LANG TERM DISABILITY PLAN 14 20 ACTING POSITION RATE 15 21 RANK- FOR -RANK SHIFT TRADES 15 22 COI MITTEES 16 • Section Title Page 23 DEPARTMENTAL HIRING REPRESENTATIVE 17 24 PROMOTIONAL EXAMINATIONS 17 25 MAINTENANCE OF SERVICES 17 26 GROOMING STANDARDS 17 27 FIRE MECHANIC 18 27.1 Representation 18 27.2 Retirement Designation 18 27.3 Possession of Certifications 18 28 EMPLOYEE RECOGNITION 18 29 EMERGENCY RESPONSE TIME 19 30 LAYOFFS /REDUCTION IN FORCE 19 31 SMOKING RESTRICTION 20 32 CABLE TELEVISION 20 33 NO STRIKE 20 34 MODIFICATION AND WAIVER 20 35 PAST PRACTICES 21 36 DURATION 21 37 PERSONNEL BIDDING FOR STATIONS 21 38 REWRITING OF CURRENT MOU LANGUAGE 22 ATTACHMENTS: A - Salary Schedules B - Grievance Procedure C - Disciplinary Appeals Procedure D - Emergency Response Time Map E - Addendum to 1989 -90 MOU F - Grooming Standards • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH LAKE TAHOE AND-THE .. SOUTH LAKE TAHOE FIREMEN'S ASSOCIATION The South Lake Tahoe Firemens' Association and representatives of the City of - South Lake Tahoe have met and conferred in good faith regarding wages, hours, and n +he► ter.,,s a ^d4 conditi -ons of emplo_%rent of employees in the representation unit identified in Attachment A, have exchanged freely information, opinions, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and employer - employee relations of such employees. This Memorandum of Understanding is entered into pursuant to the Meyers- Milias- Brown Act (Government CodeSections 3500 -3510) and City of South Lake Tahoe Resolution No. 1977 -133 adopted July 19, 1977, and has been jointly prepared by the parties. This Memorandum of Understanding shall be presented to the City Council of the City of South Lake Tahoe as the joint recommendations of the undersigned for salary and ®employee benefit adjustments for the period commencing October 1, 1992, and ending September 30, 1993_ SECTION 1. RECOGNITION 1.1 City Recognition - The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of South Lake Tahoe, hereinafter referred to as the "City", in employer - employee relations. 1.2 Association Recognition - The South Lake Tahoe Firemens' Association, hereinafter referred to as the "Association", is the recognized employee organization for the Fire Employee Unit_ SECTION 2. LIMITATION OF EFFECT It is understood and agreed that the provisions of this Memorandum of Understanding are not binding upon either the City or the Association and that the same constitute a recommendation to the South Lake Tahoe City Council. In the event that the City Council adopts, without amendment. said Memorandum, As terms shall be effective for the period October 1, 1992 through September 30, 1993, and shall be binding on both parties. The City and Association: agree to discuss the results of the current classification and MSI studies and other issues that may arise during this period_ :.7,. -, .,HL 1 FILE No.; n 7 �� i SECTION 3.'- HEALTH AND WELFARE - Hospital. Medical. Dental Vision Care Plans for Emnloyegs and Their Dependents 3.1 Employees covered by this agreement shall be eligible to receive the insurance benefits outlined below. The summary plan descriptions and/or formal plan documents for these benefit programoz that are.in place at the time of adoofflon of this Memorandum of Understanding are available from the City Personnel Department and are hereby incorporated by reference into this agreement. 3.2 The City and Association agree that, unless otherwise agreed upon, the medicaVdental plan benefits will continue for the term of this agreement. The City agrees to contribute the dollar amount necessary to fund the premium for employee only coverage and employee plus dependent coverage for the period October 1, 1992, through September 30, 1993. 3.3 The City agrees to continue to contribute the amount necessary for vision care and We insurance benefits for the duration of this agreement. Life Insurance coverage for employee shall be $25,000. 3.4 The City and Association agree that preventative treatment for employees and dependents is effective in reducing health plan costs. Accordingly employees will receive a cash payment of $200 per year for the purpose of financing annual physical examinations or other health treatment not covered by the Plan. The payment for will be made upon ratification of this Memorandum of Understanding. 3.5 Retired Medical Plan Employees who retire from City service shall be eligible to maintain membership in the City medical /dental plan by assuming the following percentage of the established retiree premiums for employee only, employee and spouse, and employee and dependents: Years of Service with the City % of Retiree Premium Ifrom date of permanent hire) Paid by Retiree -25 years or more 00,0 -20 years or more 25% -15 years or more 50% -10 years of more 75% 2 Less than 10 years .100°/6 Coverage shall continue indefinitely, however, the City health plan shall become a secondary plan to medicare at the time the retiree is eligible for the: ._ medicare program. Employees leaving City service after 20 years regardless of age will be eligible for City retirement benefits upon receiving PERS benefits after 50 years of age. Eligibility for medicaVdental benefits will be contingent upon the individual meeting pre - existing conditions in_ effect at the time the individual becomes covered. under insurance plan. _ 3.6 Flexible Spending Accounts The City agrees that during the life of this MOU, the City will survey all City employees regarding their interest in a Flexible Spending Account program at the City. The information from the survey will be included in the determination as to whether the City will pursue a program of Flexible Spending Accounts. SECTION 4. SICK LEAVE 4.1 Fire personnel assigned to fifty -six (56) hour work weeks with three platoons, using 24 -hour shifts, shall accrue sick leave at the rate of 12.0 hours per month for each month or full -time service except that at the end of the first month of employment, a Fire employee shall receive 24 hours of sick leave. At the end of the sixth month, the employee shall receive no sick leave for that month so that at the end of the first six months the total sick leave accumulated shall be equal to that presently provided by the City. Personnel assigned to forty (40) hour work weeks shall accrue sick leave at the rate of eight (8) hours per month. 4.2 Each member of the Fire Department shall have the right to use 24 hours of sick leave in advance of the accrual of the right to such leave, but only if such member has used all accrued sick leave and, further provided, that said advanced sick leave shall be subtracted from future sick leave accrued. 4.3 Pay for Unused Sick Leave - Unused sick leave may be accumulated to a maximum of one hundred (100) days, except as other wise provided in this section, and payment tot portions of accumulated but unused sick leave wile ordy be made in accord with this section: aj Active Employees - Tihe balances in the PERS service credit as of May 24, 1991 w;il remain in the • account and wits be reported to PERS upon retirement- No future accrual in the separate suck leave account wit! take place_ 3 b) Sick Payout Employees exceeding 100 days of accrued sick leave will receive a bi- annual -payment- equivalent to 100% for the sick leave hours in excess of 100 days. f c) Retiring Personnel - Any permanent employee retiring from City service shall receive, in addition to all other retirement benefits, an amount equivalent to 100 %of accumulated sick leave, maximum accumulation (100) days, eamed during service with the City, which has not been used. d) Termination After Ten (1 Q) Years - Any employee retiring fromCity service after ten (10) years of satisfactory service, from the base anniversary date, shall receive, in addition to all other eligible payments, an amount equivalent to one -half (112) of the accumulated sick leave, maximum accumulation one hundred (100) days, earned during service with the City which has not been used. e) Personnel Who Die While In Active Service - The estate of any permanent employee who dies while 0 active service shall be paid an amount equivalent to three- fourths (3 /4) of the accumulated sick leave such employee has earned during service with the City, maximum accumulation one hundred (100) days,, which has not been used until the date of death. Payment made in behalf of the deceased pursuant to this section shall be paid to any person (s) so designated in writing by the employee or heirs of the employee. Such statement must be filed with the Personnel Officer. 4.4 Sick Leave Incentive - In the event an employee covered by the Memorandum of Understanding uses zero (0) sick leave hours during preceeding calendar year, said employee shall receive a full shift off with pay. Said shift off to be scheduled in accord with the convenience of the Department provided that such shift off may be approved, in advance, consistent with established policies. if an employee's use of sick leave during calendar year does not exceed one full shift, said employee shall be granted one -half (112) of a shift off with pay. Said tune -off shall be scheduled in accordance with the convenience of the department and may be approved, uZ advance, consistent with established policies- For employees whose sick leave use exceeds that of one shift. no bonus time -off is granted. Time off will be accounted as floater leave. 4.5 Donation of Sick Leave - Unit employees shall be allowed to donate up to twelve (12) hours maximum of sick leave or vacation to other Fire Department Employees within the Fire or Safety Management Units who have experienced a serious illness or injury which is not covered fully by City paid time or insurance. The employee who is in need of donated sick time must have exhausted al compensatory time, sick leave, and vacation time before other 4 employees may make donations. Donation of sick leave or vacation will be available only to individuals who are absent from work for periods in excess of two (2) shifts (or five (5) days for those of forty (40) hours per week schedules) t and who have not exhausted their paid time -off through repeated unrelated illness or injuries which were not of a serious nature. Maximum donation of sick leave or vacation shalt be twelve (12) hours per incident per donating employee. The final determination as to the recipient's eligibility for donated sick leave time shall be made by the Fire Chief. Any donated hours that remain in the recipient's bank after return to work from the qualifying incident, shall be prorated back to the individual donor's sick leave or . vacation accounts. SECTION 5. GRIEVANCES 5.1 Grievances will be processed in accordance with Attachment W. SECTION 6. DISCIPLINARY ACTION 6.3 Disciplinary actions will be processed in accordance with Attachment "C ". SECTION 7. WORKING HOURS ® 7.1 The normal work schedule for all Firefighter, Fire Engineer, and Fire Captain positions covered by this agreement shall consist of three (3), twenty -four (24) hour shifts within each nine (9) day work cycle, totaling an average workweek of fifty -six (56) hours_ It is understood that nonemergency work assignments shall normally be scheduled from 8 a.m. to 5 p.m. during each twenty -four (24) hour shift, but that changes may be made to this schedule to accommodate unusual training, inspection, or other operational needs as determined by the Fire Chief. The normal work schedule for the Fire Mechanic position shall consist of forty (40) hours within a seven (7) day work period. It is further agreed that in the event an employee is medically restricted from performing his/her regular duties; the Fire Chief may direct the employee to perform light duty assignments as approved by a physician. Said light duty assignments must be consistent with the medical restrictions specified by the physician and may involve a schedule other than that set forth in this section. 7.2 Holiday Routine - A special "holiday work routine' shall be designated for the shifts which fail on New Years Day, Thanksgiving Day, and Christmas Day. Hofidday routine is identdied as requiring only necessary duties to be performed, and allowing farnity visits and shared meals at the statiom It is understood, however, t4W family visits and shared meals must be scheduled so that services Sto the community are not affected, and necessary duties are to be performed by 5 the crews. Necessary duties would normally include stations household duties, equipment preparation and maintenance, and emergency responses, but company officers and the chief officer on duty that day will retain the authority to • determine what duties are necessary. • Every effort will -be made to assure that - family visits and shared meals may occur when planned. Holidays other than the 'Holiday Routine' holidays specified above are considered regular workdays with normal duties and activities performed. On those holidays, engine companies will remain in the stations, except special nonroutine operational needs. Compay officers and chief officer on duty that day 1%tfill retain the aiit�aoritji to dctc�i�i +1i iirih onrniitine ds.1fles are necess3 Y it e.-z r,,,. „.�.. „, SECTION 8. HOLIDAYS 8.1 Official City Holidays: a) January 1 b) February 12 c) The third Monday in February d) The last Monday in May e) July 4 ® f) The first Monday in September g) The second Monday in October h) Veterans Day i) Thanksgiving Day j) The Friday immediately following Thanksgiving Day k) December 24 from 12:00 noon until closing f) December 25 8.2 Personnel assigned to positions which must be manned each day of the week are not granted official City Holidays as days oft with pay. In lieu thereof, they shall receive one (1) days pay (11.2 hours) for each official City Holiday. These additional days pay shall be paid over twenty -six (26) pay periods in the year and shall be in addition to other regular compensation. f 8.3 Personnel assigned to positions which must be staffed each day of the week and who are not granted official City Holidays as days off with pay, may, in lieu of receiving one days pay (11.2 hours) for each official City holiday, reduce the number of holiday pay hours by seventy -two (72) or by all holiday hours and have said hours added to their floating holiday balance. Said leave shall be taken off in accordance with the convenierce of the Department and may be scheduled and approved sixty (60) days in advance when it does not conflict with scheduled vacations, mandatory training that can not be made up and when anticipated staffing for the shift is sufficient. When an employee chooses to convert 72 holiday hours, the remaining hours of holiday pay shall be paid 6 • over:twenty -six (26) pay_periods in the year and shall be in addition to other , regular compensation. Employees electing to reduce the amount of holiday pay they receive and add Uie seventy -two (72) hours to their compensated leave balance, shall make a one time, unrevokable choice by February 1, of each , year. 8.4 Floating Holidays - In addition to the fixed holidays specified above, employees shall be granted floating holiday hours on January 1, of each year as follows: Firefighters, Engineers - Thirty (30) hours per Year and Captains- Fire Mechanic - Forty two (42) hours per Year In addition to the hours specified above, it is agreed that an additonal 12 hours will be added to floater holiday. It is further agreed that the additional 12 hours is effective only until December 31, 1993 at which time total floating holidays will return to the hours specied above- New employees shall be granted floating holidays on a monthly prorated basis. Floating holidays may only be taken with the prior approval of the employee's Department head or his/her designated representative. Employees will be allowed to take floating holiday time in lieu of or in conjunction with approved vacation leave. Employees must use all floating holiday hours within the contracted year eamed. Any floating holiday hours remaining on the books on December 31 of each year shall be forfeited with no payment. Any floating holiday hours remaining on the books on an employee's termination date shall also be forfeited with no payment. No employee who has made a reasonable request to use his/her accrued floating holiday time and has been denied such use, shalt lose the accrued time requested. Under the service awards section of the Employee Recognition Program, Association Members shall be granted floater time in the to lowing amounts: After 10 Years Service - 11.2 hours added to their and After 15 Years Service floating holiday balance After 20 Years Service - 16.8 hours added to their and After 25 Years Service floating holiday balance 7 SECTION .9. RECALL WHILE OFF DUN 9.1 Employees assigned to work while off duty shall be paid at a rate of one and - one -half (1 -1/2) tunes the regular rate of pay and for the duration of the incident or a minimum of three (3) hours at the discretion of the employee. City- required appearances in court are subject to the provisions of this Section. SECTIONN ;10. MANDAT RY PHYSICAL EXAMINATIONS Within budgetary limitations, physical examinations shall be provided to all new employees and then to those employees who have not had a City provided examination for the longest period of time. SECTION 11. CONFERENCE TIME A total of 144 hours relief from duty in any one fiscal year may be used for the purpos of attendance at labor relations conferences and for Association business. The Association must give notice of intent to attend a labor relations conference at least one month in advance of the conference, and must give notice of intent to conduct Association business at, least ten calendar days prior ® to the Association business. Meet and Confer will not be considered in any of the above calculations. Department approval of attendance to the conference or Association business will be based on manning requirements of the Department. At the end of the calendar year a maximum of 36 hours of the 144 hours may be carried over to the following year. If attendance at a tabor relations conference is granted, then denied, the City shall reimburse the Association for any cancellation costs incurred. Approval or disapproval will occur within 5 working days of request. SECTION 12. TUITION REIMBURSEMENT The City shall pay the cost of tuition and books for up to four (4) job- related lasses of formalized study per year, provided the cast of said classes is no more than normal tuition expenses at the most local co>iege -level institutions (.e., University of Nevada -Reno and Sacramento State). Job - related courses shall include any classes taken toward an AA, BS, or Masters degree in Fire Science, Business Administration, or Public Administration. The eligibility of ithe course for tuition reimbursement must be approved by the City prior to the r enrollment of the employee and the employee must successfully pass the course to receive the tuition reimbursement. SECTION 13. EDUCATION ATTAINMENT PAY • . - ., 13.1 Fire employees covered by this Memorandum of Understanding who possess an Associate of Arts degree in Fire Science shall receive a 2% increase in base pay upon verification by the City. 13.2 Fire Employees covered by this Memorandum of Understanding who possess . a GP!�lflf ate I ire Science r n —r r;#C,4 ..�..,,., U,_;► ......,__., .n Fr_,. from a.. a.,,,,e,.,,,,,. cam lu„I,y co "fie w�ii be y eligible to receive a 1% increase in base pay upon verification by the City. SECTION 14. SALARIES 14.1 The City and the Association agree that the salary ranges for all employees in this bargaining unit shall be in accordance with the attached salary schedule (Attachment A). Said salary schedule shall be effective October 1, 1991. 14.2 The City agrees to continue payment of the employee's regular share of the contribution to the Public Employees' Retirement System on behalf of the employee. For safety employees covered by this Memorandum of Understanding, this would amount to 100.0% of the 9.0% employee _ contribution, and for nonsafety employees covered by this Memorandum of Understanding, this would amount to 100.0% of the7.0% employee contribution. City payment of employee contributions under this section would not include payment of the employee's contribution for benefits under Section 20862.8. The City and Association agree that the increase in the City's contribution rate for this benefit wit! continue to be paid by the employee, not by the City. Said payment to be made through the normal payroll process. 14.3 Overtime for Fire Safety Employees - it was agreed that a twenty -seven (27) day work cycle was established for Fire Safety Employees under the Fair Labor Standards Act. It was also agreed that paid leave time would not count as hours worked for purposes of the 204 hours Fair Labor Standards Act limit. However, it was agreed that all hours paid over the 216 hours regularly scheduled during that 27 day cycle would be paid at time and one -half (112). Fair Labor Standards Act overtime would not be paid until the first pay day after the end of the payperiod after the end of each 27 day cycle. Employees may, however, upon written request, receive advances in non -FLSA payperiods of Vie basic non-FLSA overtime hours worked during that payperiod. Such advances shall be limited to a minimum of ten (10) or more overtime hours worked in one payperiod. Overtime compensation is earned at one and one- half (i -1 /2) times the regular hourly rate. 0 • s 1� Compensatory Time - With prior.authorization from the appointing authority, employees may elect to reserve up to one hundred eighty (180) hours - compensatory time in lieu of direct pay for overtime. Earned rate shall be at time and one -Half (1/2)..Any_overtinie worked after the one hundred eighty- (180) (180) hour limit has been reached shall be paid at the applicable overtime rate. Employees required -to attend meetings during off duty hours will accrue compensatory time rather than claim overtime until December 31, 1993. Compensatory time shall be taken in accordance with the procedures set forth in the City's Personnel Rules and Regulations or this Memorandum of Understanding. E T! N 1. VA AT N L V 15.1 Entitlement to Take Vacation - All permanent employees shall be entitled to take vacation leave with pay. Vacation may be taken following completion of six months service in a permanent position. 15.2 A crual - Employees covered by this agreement shall accrue vacation leave each payperiod in relation to their years of continuous service in a permanent - status position as follows: Years of Service First five (5) years Beginning of the 6th year Beginning of the i i th year Beginning of the 15th year Beginning of the 18th year Beginning of the 21 st year Accumulated Vacation p r Year _ at 56 hrs(wk at 40 hrsi wk 144 hours 80 hours 168 hours 120 hours 224 hours 160 hours 236 hours 168 hours 248 hours 176 hours 271.2 hours 192 hours Regular status, part -time employees shall accrue vacation on a proration of the schedule above, based on the ratio of their budgeted workweek to full -time status- Employees shall not accrue vacation leave for any time spent on unpaid leave of absence. 15.3 Vacation Trad .s --The time when an employee may take vacation shall be- determined by the Department Head with due regard for the wishes of the emPbyee and Particular regard to the needs of the service_ Should a second employee wish to schedule a vacation during a period when another employee already has an approved vacation, said employee may be allowed to do so provided, however, they arrange for another employee, on a rank - for -rank basis to work in their place. The second employee off from work on vacation shall 10 receive their regular vacation pay and have their vacation balance reduced for the hours away from work. The employee working for the second employee shall not be paid for the hours worked, but instead shall receive a transfer of vacation hours -equal to the number of hours worked. - - 15.4 Vacation Agcral - An employee may elect to take all or part of earned vacation or may carry over to the next service year all or part of earned vacation as approved by the Department Head. If the requirements of the service are such that an employee cannot take part or all of the annual vacation in a particular year, such vacation should be taken during the next following twelve (12) . mo ^'•f:s, at the dis%Aot" of the Department Head. i ne total number of vacation. hours which may be accrued at any time during a calendar year shall not be limited provided, however, that the total number of vacation hours which the employee shall be entitled to carry over from one calendar year to the next, if he /she so desires, shall be limited to 450 for 56 hours per week employees and 240 for 40 hours per week employees. This limitation shall be imposed on the last day of the first full payperiod of the calendar year. Nothing in this section shall be deemed to allow any employee to be paid for any accrued vacation which is in excess of the 450 or 240 hour carry -over limitation. Every employee shall be encouraged to take vacation every year and may be required by the Department to take sufficient vacation to keep their vacation balance under the 450 or 240 hour limitation. Should an employee refuse to schedule, or once scheduled, decide not to take vacation so that their vacation accumulation will exceed 450 or 240 hours as of the last day of the first payperiod in a calendar year, said employee shall have their vacation balance reduced to the 450 or 240 hour limitation and shall not be paid for hours in excess of that maximum. Should the Department refuse to allow an employee to take vacation, and said employee's vacation balance exceeds 450 or 240 hours by the last day of the first payperiod in a calendar year, said employee wig be paid the equivalent of earned vacation over the 450 or 240 hours limitation which cannot be taken_ No person shall take a vacation in excess of thirty (30) consecutive working days. 15.5 Pay for Unused Vacation - Upon termination from employment with the City every permanent or probationary employee who has served the City six (6) _months or more shall be paid for all unused vacation earned prior to said termination date. Payment for unused vacation shall be determined by the rate of pay for the position} upon the date of termination. 15.6 Holidays During Vacation - In the event one or more holidays fall within an employee's annual vacation leave, such holiday shag be charged as vacation leave it it falls on a regularly scheduled shift day. 15 -7 Vacation as Sick Leave - A permanent employee or probationary employee • employed for a period longer than six (6) months may use vacation leave upon the exhaustion of accrued sick leave and compensatory time, where applicable. 11 ® 15.8 Partial Vacation - Employees may use earned vacation time in increments of less than one shift, subject to the approval of the appointing authority. 15.9 Vacation $gll Back - Employees may elect to sell back to the City up to: - seventy -two (72) hours for those on fifty -six (56) hour workweeks, and -forty (44) hours for those on forty (40) hour workweeks of accrued, but unused, vacation per calendar year. The employee will be compensated for such sold vacation hours at the salary rate in effect for that employee at the time the hours are returned to the City. The minimum number of hours that can be returned at any one time is: - twenty -four (24) hours for those on fifty -six (56) hour workweeks, or -ten (10) hours for those on forty (40) hour workweeks. SECTION 16. SCHEDULING TIME OFF Compensatory time -off, vacation and floater leave must be scheduled in accordance with Department policy, and may be approved for a greater than 24 hour period, with 5 days advance notice. Approval for periods of 24 hours or less may be granted with prior approval. When anticipated staffing is 10 or less, approval for use of time off will be withheld until such time as staffing of the shift is assured (conditional time off). The City and Association also agree that scheduling time may allow more than one person to be off on vacation at a time, provided that minimum staffing is maintained, and the time off policy does not provide for two people to obtain advance approval to be off on vacation. SECTION 17. UNIFORMS 17.1 Uniform Allowance - Uniform allowances are hereby authorized for employees required to wear standardized clothing in the performance of assigned duties. Said uniform allowance to be used to provide all items of standardized tang, including safety equipment, such as boots and pants, which are identiified in the Uniform Specifications Section- All employees are expected to present themselves for duty at the start of each sfzift with the required uniform in good condition. Torn or damaged uniforms or those showing excessive wear wilt not be considered in good condition. When an employee presents himself for duty 12 • in a, uniform that is not in good condition, said employee shall not be paid until such'time as helshe present himself for duty in a uniform in good condition. When a dispute exists between an employee and their supervisor over whether or not a- uniform is in good condition, a chief officer shall make the final . . determination. Nothing in this section shall be construed to require an - employee to provide turnout boots, turnout pants, turnout coat, turnout helmet, and turnout gloves. The employees eligible for uniform allowance and the authorized rates of compensation for such allowances are as follows: Employee Classification Rate of Compensation Firefighters Fire Engineers Fire Captains $550.00 per year $550.00 per year S550.00 per year Payment of all uniform allowances shall be made semiannually. 17.2 Damaged Uniforms and Epuipment - Uniforms and required equipment for Fire Department Employees, if damaged in the line of duty and not due to the negligence or willful misconduct of the member concerned, will, be replaced by the City. Such damaged uniforms or equipment will be turned in by the member, . concerned to his/her immediate supervisor with a written request for replacement. The request shall briefly state the facts and circumstances which caused the uniform or equipment to be damaged. 17.3 Class A Uniforms - The City and Association agree that for employees hired on or after January 1, 1982, the City will provide the employee a Class A dress uniform in accordance with Fire Department policy. 17.4 Mechanic's Uniform - The City and Association agree that the City shall continue to provide the necessary uniform for the Fire Mechanic including safety shoes or boots. 17 -5 Mechanic -Type Coveralls- The City agrees to provide mechanic -type coveralls W use by department personnel when conducting "long checks ". Said mechanic -type ccrveralls to be provided as follows: Station #I One coverall per week Station #2 Two coveralls per week Station 43 One coverall per week SECTION 18. RETIREMENT PLAN 18.1 The City agrees to continue safety employees coverage in the Pubhc 13 • • Employees' Retirement System (PERS), Plan B for Safety Employees covered by the Memorandum of Understanding. Plan B is defined as an unmodified Safety Plan (2% at 50, 1959 Survivor Benefits and Post- Survivor Benefits). : Contributions to the retirement plan by the employee and the City shall be in accordance with the rules and regulations of the Public Employees' Retirement System and with the provisions of this Memorandum of Understanding. 18.2 The City agrees to continue to provide, under its contract with the Public Employees' Retirement System, benefits under Government Code Section 20862.8 for Safety Employees covered by this Memorandum of Understanding. The CO anri Accnriatinn agree that the inc,r in i.r Irih�. iii... r.. ►... d,: y - _ • ••y .�. fl he . v� �c�s� in �.w it, wuuv+s rates which result from this change in benefits will, continue to be paid by the safety employee covered by this Memorandum of Understanding. 18.3 Those employees covered by this Memorandum of Understanding who are within three (3) years of retirement will have the option, so long as the City continues to pay the employee contribution on behalf of the employee to PERS, of having the City continue to pay the employee's contribution or of paying the employee contribution himself and receiving an increase in pay so that the cost to the City does not increase. Should an employee elect the option of paying their won PERS contribution, they would receive an increase in pay of approximately 7.0 %. SECTION 19. LONG TERM DISABILITY PLAN a) The City agrees to continue contributing $10.00 per month, per employee, toward those premiums to be paid for a long term disability plan. b) The employer shall make additional advanced disability pension payments to a member who is approved for disability retirement if the following occurs: 1) If temporary disability benefits paid to the employee under Labor Code 4850 expire and the disability pension payments are not received by the employee, the Employer shall make additional advanced disability pension payments to the employee. The payments shall be no less than 50 percent of the estimated highest annual compensation earnable by the member during 36 months immediately preceeding the effective date of his or her disability retirement, unless the employee chooses an optional settlement in the permanent disabaiiity retirement application process which would reduce the pension allowance below 50%. In the case where the members choice lowers the disabi ity pension affownace below 50%, the advanced disabikty pension payments shaft be set at an amount equal to the disabiiky pensim allowance. 14 �1 • • 2) Advanced disability pension payments shall not be considered salary under provision of law. 3) All advanced disability pension payments made herein by the. employer shall be reimbursed by the employee upon receipt of retroactive retirement benefits from the retirement system. 4) the advanced disability pension payments under this section can only be make when the employee has exhausted all sick leave payments. SECTION 20. ACTING POSITION RATE Any qualified person temporarily assigned by the department to work in a higher level position shall be paid the difference between his/her normal rate of pay and the rate of pay set for the higher level position as if the person were promoted to the position on a permanent basis, provided that any person temporarily assigned shall not receive a base salary less than the base salary received by the people he /she may supervise. Oualifications for temporary assignment to higher level positions will be based on such things as placement on an existing eligible list for the higher level position, completion of certification or other training requirement set by the department, determination by the department head or his/her designee that the person assigned is qualified. Persons who are not qualified will not be assigned to higher level positions. The City reserves the right to designate and assign: qualified persons to higher level positions, including assignments involving shift changes. However, when it is known or anticipated that a temporary assignment to a higher level position would involve a shift change of six (6) consecutive shifts or less, every effort will be made to designate someone on the same shift. When more than six (6) shifts are involved, employees on the promotional list will have the right to transfer from another shift to work in the vacant position, in order of their placement on the list. SECTION 21- RANK- FOR -RANK SHIFT TRADES It shall be generally understood and agreed that all shift trades shall be on a rank -for -rank basis. Such trades shall continue to be subject to the authorization of the Fire Chief. This rule to the contrary notwithstanding, such shdl trades may be arranged on other than a rank - for -rank basis in the event of an emergency or oilier extraordinary circumstances subject to the discretion of the Fire Chief. The above described rule shall not apply for a period of time of six (6) tours or less. Members of the Fire Department will be permitted to trade up to three (3) shifts in accordance with the provisions of Policy Number 515 15 (dated January 23, 1986). Shift trades in excess of three (3) shifts will require written approval of the Fire Chief. It is agreed that 'rank -for -rank" shift trades shall include: 1. Two employees of the same rank trading shift assignments within that same rank; 2. Two employees of different ranks trading shifts when the lower rank employee is on the eligibility list for the rank of the higher level employee. 3. Two employees of different ranks trading a particular shift for which the lower rank employee has been assigned by management to work at the higher rank in an acting capacity. In situations #2 and #3 above, it is required that the "pay -back' of the trade must occur when both individuals are assigned to the same rank, or through the use of vacation time pay - backs. SECTION 22. COMMITTEES A. Health Care Cost Containment Committee The City and the Association agree to participate in a City -wide Health Care Cost Containment Committee to study the current benefit levels and cost distributions of the medical/dental plan and develop recommendations for reducing and/or sharing costs. It is further agreed that the Committee shall review the effectiveness of the current medical and sick leave incentive programs and the advisability of prorating benefits for part-time employees. The Committee shall consist of one representative from each City bargaining unit and two representatives from City management. Association or City consultants shad be allowed to sit -in on meetings as appropriate_ The Committee's recommendations shall be presented to the City Council and atf employee associations for consideration. Any proposed changes in the medical plan shall be brought back to a meet and confer process at the conclusion of the Committee's deliberations. B. Revisions to the City Personnel Rules The City and Association agree to participate in a joint management, labor committee which will convene to review and revise the City's Personnel Rules_ The corr;=Uee shall consist of one representative from each City bargaining unit and two representatives from City management - Association or City consultants shall be allowed to sft -in on meetings as appropriate_ The corrunitiee's recommendations shah be forwarded to each bargaining unit for consideration prior io their presentation to the City Council. The City 16 • acknowledges the Association's right to meet and confer on any issue_ s addressed by the rules revisions that concern the wages, hours, and working conditions of their members, SECTION 23. DEPARTMENTAL HIRING REPRESENTATIVE The City and Association agree that a representative from the department will serve as one member of the interview board for Firefighter oral interviews. SECTION 24. PROMOTIONAL EXAMINATIONS - POSTING TIME PROMOTIONAL EXAMINATIONS A. Posting Time - The City and the Association agree that the application filing period for all Fire Engineer and Fire Captain promotional . recruitments shall be no less than four (4) weeks in length. 13 Length of Promoiional Lists - The City and the Association agree that recruitment announcements for all Fire Engineer and Fire Captain promotional selection processes shall include a statement specifying the length of time that the resulting eligibility list shall be maintained. C. Use of Existing Promotional Lists - If an active promotional eligibility list is in existence on the date a position in either the Fire Engineer or Fire Captain classes becomes vacant and the City determines that the position should be filled on a promotional basis, then the City agrees to make an appointment from the existing list for that classification. SECTION 25. MAINTENANCE OF SERVICES The City agrees to continue to provide existing linen and laundry service and station house cleaning services during the term of this agreement. The City- also agrees to continue to maintain, repair, and replace, when necessary, the dishwasher, conventional range/oven, and refrigerator currently in place at each of the three stations_ The City further agrees to include within its maintenance, repair, and replacement responsibilities the microwave cooking equipment in place at each of the three stations, provided such equipment becomes the property of the City. The City and Association further agree that should damage occur to the items covered by this section, through abuse or negligence, the individual employee or employees responsible for such damage shall be obligated to reimburse the City for the cost or replacement or repair. 17 It is understood by both parties that no changes will be made to the Fire Department's current administrative policy regarding grooming standards (dated August, 1986) unless the City notifies the Association of any proposed changes: and provides an opportunity to meet and confer regarding the impact of such changes. SECTION 27. FIRE MECHANIC 27.1 The City and Association agree that for the purpose of representation during meet and confer, the position of Fire Mechanic will be included in the Fire Employees' Unit. The City and Association also agree that the posi ►,ion of Fire Mechanic is not considered a safety member for retirement or any other purposes. 27.2 The Fire Mechanic position shall be covered by the City's nonsafety contract with the Public Employees' Retirement System (PERS). 27.3 The City and Association agree that the employee occupying the classification of Fire Mechanic who possesses the following National Institute for Automotive Service Excellence Certifications: Automobile Service Series Engine Repair, Automotive Transmission/Transaxle, Manual Drive Train and Axles, Front End, Brakes, Electrical Systems, Heating and Air Conditioning, Engine Performance; Heavy -Dut Truck Series Gasoline Engines, Diesel Engines, Drive Train, ® Brakes, Suspension and Steering, Electrical Systems; Body Repair - Painting and Refinishing Series Body Repair, and Painting and Refinishing shall receive five dollars (S5.00) per month, per certificate, in addition to his/her regular rate of pay, upon verification by the City that the employee possesses a valid certificate. The City further agrees to reimburse said employee, after successful completion of the test(s), the registration fee and certification test fee for those tests taken after January 1, 1985_ The City and Association also agree that the employee occupying the classification of Fire Mechanic who possesses a Bureau of Automotive Repair Gass A Lamp Adjuster License, Class A or B Brake Adjuster License, Class A Motor Vehicle Pollution Control (smog) Installer License, or obtains a Qualification Certificate for doing smog work under the California Smog Check Program shall receive five dollars (55.00) per month per license in addition to their regular rate of pay, upon verification by the City that the employee possesses a valid license. The City further agrees to reimburse said employee, after successful completion of the test(s), the application/license fee for those licenses received after January 1, 1985. SECT10N 26. EMPLOYEE RECOGNITION 4D The City and Association agree that a Task Force comprised of a representative from each recognized bargaining unit and representation from management will 18 be formed to review and recommend to the City Manager appropriate pp pnate methods Of dancing employee recognition. It is further agreed that as part of its s discussions the Task Force will also consider the question of recognizing I employees for off -duty time spent on City wide committees and task forces. 29_ EMERGENCY RESPONSE TIME The City and Association agree that all Association members (except the Fire Mechanic) may reside only within the following boundaries indicated below and on the attached Map (attachmerit "Do): Minden /Gardnerville Carson City On Highway 395 as far south as Topaz Dayton Mark l eevi l le/Woodsford East of Carson Pass Western Boundary of Strawberry and East 'M , South o: snow gate at Emerald Bay Western and Northern Boundary of Tahoe City and East SECTION 30 LAYOFFS /REDUCTION IN FOR F Whenever the Ci ty Council has determined that if is necessary to abolish an position or employment, the employee holding uch y g position or employment may be laid off or demoted without disciplinary action and without right of ; appeal. In determining which employee in the unit covered by this Memorandum of Understanding would be laid off first, total City seniority from initial appointment to a permanent position would be determined with the employee having the least seniority placed first on the list of employees to be laid off. after the required number of employees have been laid off, it is necessary to demote and displace other employees to equalize the number of remaining employees with the number of positions allocated at each level, seniority within the class wip be utilized to determine which employee is to be demoted first. Said employee(s) may be demoted to any position in the City in which he/she previously held permanent status'or to any class in which he/she meets the minimum qualifications. In order to demote to the lower-class, the employee must have more total City Seniority than at least one 01 ,the incumbents, -. If an empllayee has previously held permanent status in the class to which the . employee is demoted, such employee shall not be required to serve .a the salary step of the class representing the probal,wary period_ Employees retreating to a lower class shall be placed at least loss of pay. In no event shall the salary be increased above that received in the class from which the 19 0 • employee was demoted. . Employees laid off or demoted in accordance with this section shall have their names placed on a reemployment list for the class or classes laid off or reduced from in the reverse order of their layoff or reduction. Such list shall be used by the appointing authority to fill vacancies which occur for up to three years following the layoff or reduction. SECTION 31. SMOKING RESTRICTION The City and the Association agree that those employees hired on or after jani iary 1, 1933 wily as a condition of employment, be prohibited from smoking tobacco products of any kind. It is also agreed that should a covered employee violate this section, they will be subject to appropriate disciplinary action up to and including discharge. It is further agreed that any current employee who smokes tobacco products or who hereafter starts smoking tobacco products will be prohibited from smoking in accordance with the appropriate General Order and, in addition, in any location inside the Fire Stations where it is not specifically allowed by Department order. Failure to comply with this section will be good cause for disciplinary action and will subject the employee to appropriate disciplinary action up to and including discharge. SF(;TiON 32 CABLE TELl= 1/ISION The City agrees to include in it's 1993 negotiations with the television cable provider the issue of providing movie channels in City fire stations. SECTION 33 NO STRIKE The Association, its members and representatives, agree that they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or to perform customary duties; and neither the Association or any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, not to effect a change of personnel or operations or management or of employees not covered by this Memorandum of Understanding. SECTION 34 MC"FiCATION AND WAIVER No agreement, alteration, understanding, variation, waiver, or modification of 20 any of the terms or provisions contained herein shall in"any manner be binding upon the parties hereto, unless made and executed in writing by all parties: hereto, and if required, approved by the City and ratified by the membership of the Association. SECTION 35 PAST PRACTICES The City and Association agree that those benefits and.practices not specifically. amended by the Memorandum of Understanding will not be changed until and unless the Association and City have met and conferred prior to any change. SECTION 36 DURATION This Memorandum of Understanding shall be effective October 1, 1992, except for those provisions of the Memorandum of Understanding which have been assigned other effective dates as hereinabove set forth and shall remain in force and effect to and including the thirtieth (30) day of September, 1993, and shall continue thereafter from year to year unless at least sixty (60) days prior to the first day of October, 1993 or to the first day of October any subsequent year, either party shall file written notice with the other of its desire to amend, modify, or terminate this Memorandum of Understanding. SECTION 37 PERSONNEL BIDDING FOR STATIONS ' The City agrees that Policy #515, Personnel Bidding for Stations, will be modified to reflect that seniority within rank will be used to allow Fire Safety Employees to choose their station assignment, provided that no one may stay at a station for more than three (3) years, that firefighters not yet at step five (5) will rotate annually, and further provided that the Chief has the right to deviate from this policy for the proper operation of the Department_ It is also agreed that less senior firefighters may be required to rotate stations more frequently than every three (3) years in order for nonstep five (5) firefighters to be able to rotate annually. Seniority station assignment (station bidding) will be conducted once each year at a time determined by the Department but prior to the first of December. It is further agreed that the following provisions shall be incorporated into the revised policy on personnel bidding: POUCY: In order for Department persomel to be familiar with their area of the City, equipment, and Fire Management zone Area, it is necessary to bid for stations and shifts. 0 PROCEDURES; 21 r I. The bidding will start in October and be completed by November. 2. Captains bid first, based on seniority. 3. Engineers bid second, based on seniority. 4. Firemen. bid last, based_on.seniority.. 5. The Chief reserves the right to deviate from this policy,. for the proper operation of the Department. 6. New employees to (I year) each of three stations before seniority bid. TAN 38 REWRITING OF CURRENT MOU LANGUAGE The City and Association agree to continue to meet and confer in order to reach agreement on rewriting the current Memoranda of Understanding language for greater clarity and comprehensiveness. It is understood that the intent of the rewriting is to document and clarify, not to change, the existing policies and practices. Changes may be made if agreed to by both parties, but any change not agreed to or any differences in interpretation will be referred to the meet and confer process for next year's contract. IN WITNESS WHEREOF, the parties�ereto have executed this Memorandum of Understanding this /-- day of �- 1 993. SOUTH LAKE TAHOE FIREMEN' ASS TION ., - BY :4 • • CITY OF SOUTH LAKE TAHOE BY 22 1 0 r1 L� • City of South Lake Tahoe Resolution No. i� 1 ' APPROVING A MEMORANDUM OF UNDERSTANDING' WITH THE SOUTH LAKE TAHOE ADMINISTRATIVE AND CONFIDENTIAL ASSOCIATION WHEREAS, the city of South Lake Tahoe and the South Lake Tahoe Administrative and Confidential Association have met and conferred in good faith in accordance with the provisions of the Meyer -Milias -Brown Act of the California Government Code; and ' WHEREAS, the South Lake Tahoe Administrative and Confidential Association has ratified the Memorandum of Understanding for the Period October 1, 1992 through September 30, 1993, NOW THEREFORE IT IS HEREBY DETERMINED AND ORDERED THAT: This Council approves the Memorandum of Understanding between the City of South Lake Tahoe and the South Lake Tahoe Administrative and Confidential Association, which is attached hereto and incorporated herein by reference as though fully set forth. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on February 16 , 1993 by the following vote: AYES: NOES ABSENT: r A ST: / �� City Clerk Councilmembers KLEIN, OSTI, DAVIS & DU QUITE COLE ayor C] 0 • TABLE OF CONTENTS Article Section Title Page 1 GENERAL PROVISIONS 1.1 Preamble 1 1.2 Recognition 1 1.3 Management Rights 1 1.4 Association Representation and Communication 1 1.5 Past Practices 1.1-0 Concerted Activities 3 1.7 Modifications and Waivers 3 1.8 Savings Provision 3 1.9 Revisions to the City Personnel Rules 3 2 PAY RATES AND PRACTICES 2.1 Work Hours 4 2.2 Overtime 4 2.3 Call -Back Assignments 5 2.4 Acting Pay 5 2.5 Salaries 5 3 PAID LEAVES 3.1 Holidays 6 3.2 Vacation 7 3.3 Sick Leave 9 3.4 Donated Sick Leave Bank 10 3.6 Scheduling of Vacation, Floating Holidays, and Comp Time Off 12 3.7 Drivers License Renewals 12 4 BENEFITS 4.1 Insurance Benefits 12 4.2 Health Care Cost Containment 13 4.3 Retirement Benefits 14 4.4 Employee Assistance Program 15 4.5 Employee Wellness and Physicals 15 4.6 Mileage Allowance And Reimbursement 16 4.7 Uniforms 16 4.8 Employee Training 16 5 DISCIPLINARY APPEALS PROCEDURE 5.1 Application 17 5.2 Definition 17 5.3 Representation /No Reprisal i7 5.4 Time Limits 18 5.5 Pre - Action Procedure i8 5.6 Post- Action Appeal 19 Article Section Title Page 6 GRIEVANCES 6.1 Application 21 6.2 Definition 21 6.3 Representation /No Reprisal 21 6.4 Time Limits 22 6.5 Procedures 22 7 LAYOFFS 7.1 Order of Layoffs 25 7.2 Layoff List Computation 25 7.3 Llemot.ion and Displacement in Lieu of Layoff 26 7.4 Re- employment After Layoff 26 0 n u MEMORANDUM OF UNDERSTANDING BETWEEN THE w CITY OF SOUTH LAKE TAHOE - AND THE ,. ADMINISTRATIVE AND CONFIDENTIAL, UNIT Article 1. GENERAL PROVI$WN Section 1.1. - PREAMBLE This Memorandum of Understanding is entered into by the City of South Lake Tahoe (hereinafter referred to as the City) and the South Lake Tahoe City Adminisirative and Confidential Employee's Association, (herein referred to as the Association) after having met and conferred in good faith regarding wages, hours, and terms and conditions of employment of those employees in the representation unit identified in Attachments A and B. It is the intent of the parties to set forth herein their entire agreement resulting from such discussions. Upon ratification by the City Council and tine Association membership, this IM-emorandum of Understanding is binding under Government Code sections 3500- 3510 (the Meyers- Milias -Brown Act) for the period commencing October 1, 1992 and ending September 30, 1993. During this period, the City and the Association agree to meet and discuss the results of the Current Classification Compensation and the MSI is Studies. . Section 1.2 - RECOGNITION The City recognizes the South Lake Tahoe City Administrative and Confidential Employees Association, as the exclusive bargaining agent for the purposes of establishing wages, hours and terms and conditions of employment, for all permanent status employees in the current classifications shown on Attachments A and B. Section 1.3 - MANAGEMENT RIGHTS The Association acknowledges the City's rights and responsibilities as delineated in the current Section 17 -4 of the City Personnel Rules and all applicable state and municipal laws; except both parties acknowledge the responsibility to meet and confer on any impact such actions may have on the wages, hours and terms and conditions of employees covered by this Memorandum of Understanding. Section 1.4 - ASSOCIATION REPFRESEIJTATION AND COMMUNICATION A. Time off for Smesentation City employees who are official representatives of recognized employee organizations • shatl be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of I representation are being considered. -The use of official time for'thispurpose shalt be reasonable and shalt not interfere with the performance of City services as determined by the City. Except by mutual agreement between the the Association and the City, the number of employees excused for such purposes shall not exceed three (3) from the bargaining unit. Such employee representatives shall submit a written request for excused absence to their respective Department Heads, with an information copy to the Personnel Director, at least two working days prior to the scheduled meeting - whenever possible. In addition, the City agrees that a total of twenty -four (24) hours in any calendar year may be used by Association members for the purpose of attendance at labor relations conferences. This time is a combined total for the Association and not a separate block of time for each. sub - group. B. Bulletin Boards City departments which have employees in these bargaining units shall grant the association reasonable access to space on available bulletin boards for communications regarding official organization business, such as times and places of meetings. This privilege must not interfere with the needs of the department and may be revoked in the event -of abuse. C. Association Access to Employees The City agrees that for purposes of representation on issues covered by this agreement, official representatives of the Association may meet With unit employees on City facilities during working hours, provided that prior notification has been given to the appropriate supervisor. The Association agrees that such meetings shall not interfere with the normal work duties of &ie employees. SoUcitiation for membership in the Association or other internal association business not directly connected to administration of this agreement shall be conducted during the " -work hours of all employees invofved. City facilities may be made available for use by City employees or the Associatton in accordance with such administrative procedures as may be established by the City Manager or Department Heads concerned. Section 1-5 - PAST PRACTICES The City and Association agree that those policies and practices affecting the wages, hours, or working conditions of employees in this unit not specifically amended by this MernorarxWm of Understanding will not be changed until and unless the Association and City have met and conferred prior to any change 2 It is'agreed and understood that there will 66 no strike, work stoppage, slow - down, picketing, or refusal or failure to fully and faithfully perform job .functions and responsibilities or other interference with the operations of the City by the Association of by its officers, agents, or members during the term of trvs agreement, including the recognition of picket lines or additional compliance with the request of other labor organizations to engage in such activity. The Assck;lation recognizes the duty and obligation of its representatives to comply with the provisions of this agreement and to make every effort toward encouraging all employees to do so. In the event of a strike, work stoppage, slow -down, or ther interference with-the operations of the City by employees Who are represent. . ed by the Association, the Association agrees in good faith to take all necessary steps to cause those employees to cease such action_ It is agreed and understood that any employee violating this article may be subject to discipfine up to and including termination by the City_ Section 1.7 - MODIFICATIONS AND WAIVERS No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained in this agreement shall in any manner be binding upon the parties to the agreement, unless made and executed in writing by all parties involved, and if required, approved by the City Council and ratified by the membership of the Association. Section 1.8 - SAVINGS PROVISION If any provisions of this agreement are held to be contrary to law by a court of competent jurisdiction, such provisions will not be deemed valid and existing except to the extern. permitted by law. Those provisions declared invalid shall be deemed severable from this agreement: but all other provisions will continue in full force and effect. Section 1_9 - REVISIONS TO THE CITY PERSONNEL RULES The City and Association agree to participate in a joint management/ labor committee which convened in the Spring of 1989 to review and rEwrae the City's Personnel Rules. The Committee shall consist of one representative from each City bargaining unit and two representatives from City Management Association or City consultants shaX be aWwed to sit-in on meetings as appropriate. The ConwriAtee's recommendations shall be forwarded to each bargaining unit for consideration prior to their presentation to the City CourxA. 3 • ARTICLE- 2. PAY RATES AND PRACTIQE,$ Section 2.1 - WORK HOU S Unless otherwise specified by the City, the standard work week for employees in full - time positions shall consist of forty (40) hours during each seven (7) day work period, as work periods are defined by the City- (Z -rips - OIIERTIME This provision shall apply only to those employees designated as 'confidential' as shown on Attachment A. A. Definition/Approval Overtime is defined as all management authorized hours worked in excess of forty (40) hours on paid status per workweek- Time spent in voluntary training is not considered time worked iof the purposes of overtime calculation. Permission to work overtime must be granted by the employee's department head or his/her designated representative. No overtime, except emergencies, may be ® authorized unless sufficient funds have been budgeted for that purpose. B. Payment Overtime over one - quarter of an hour shall be paid at the rate of one and one -half (1 112) times the employees regular rate as defined by the Fair Labor Standards Act, or may, at the request of the employee and with prior approval from the department head or his/her designated representative, be converted to compensatory time off at the rate of one and one -half {1 112) times the hours worked- Acxrued QQmpensatory Tim When elected, compensatory lime earned shall be accrued at the end of each workweek, based on the total number of overtime hours in the workweek - Compensatory time earned within one workweek cannot be used within that same workweek. Compensatory time oU shall not be allowed to accumulate beyond a maximum of eighty (80) tours at any given time- Once a maximum of eighty (80) hours of compensatory time has beers `accrued, all additional hours of overtime worked shall be paid at the overtime rate When an employee separates from City service, he /she shall receive payment for any 4 unused Compensatory time on the books at that time. Such payment will be made at the employee's rate of pay at the tune of separation. Section 2.3 - CALL -BACK ASSIGNMENT __. ENTS - This provision shalt apply only to those employees designated as 'confidential" as shown on Attachment A. Employees who are called back to work on an unscheduled, emergency basis at a time outside .their regularly assigned work shift shall receive a minimum of three (3) hours pay at 11he overtime rate as provided in the overtime section of this MOU. Section 2.4 - ACTING PAY Employees may be assigned by management to temporarily assume some or all of the duties of a position which is vacant due to a temporary absence or termination of the incumbent. Additional compensation shall be given for such assignments when the following provisions have been met. a. The assignment is made in writing by the Department Head or his/her designated representative. • b. The employee is assigned to perform a significant majority of the duties of a budgeted vacant position in a higher paid classification. c. The duties of the higher class are assigned to and performed by the designated employee for more than fifteen (15) consecutive working days. Employees who perform the duties of a higher classification under the above provisions, shall receive 'acting` pay beginning on or retroactive to the first day of the assignment. Acting pay shall be five percent (5° %) more than the employee's salary in the present classiiication, or the first step of the higher classification's pay range, whichever is greater. In no case shafl the employee receive a salary greater than the top step of the salary range of the higher classification. Acting pay shall apply to any overtone worked in the higher classification (when eligible). but shall not apply to any paid leave taken during the acting assignment. Work assignments shag not be ganged for the sole purpose of evading the requirement of provid" acting pay to an employee who would Otherwise be eligible_ Section 2--5-- SALARIES The City and the Association agree that the salary ranges for all classifications in this 5 • • bargaining unit shall be. in. accordance with the attached -salary schedules (see Exhibits C and D). ARTICLE 3. PAID LEAVES i n 3.1 - HOLIDAY A. Fixed Holidays Eight (8) hours of paid leave shall be granted to all eligible employees for each of the following d?ys_ New Years Day Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day January 1 February 12 Third Monday in February Last Monday in May July 4 First Monday in September Second Monday in October November 11 Fourth Thursday in November Fourth Friday in November December 24 December 25' Regular status, part-time employee shall be paid for fixed holidays on a pro- rated basis, given the ratio of their budgeted work schedule to full -time status. 'For 1993 only the Christmas holiday will be observed on December 27, 1993 B_ Holiday Observance For employees whose regular work schedule is Monday through Friday, holidays which fall on a Saturday shall be observed on the preceding Friday, and holidays which fall on a Sunday shall be observed on the following Monday. For employees whose regularly scheduled day off falls on a fixed holiday, the number of holiday hours normally eamed on that day shall be converted to "floating" holidays to be used in accordance with that provision as shown below. When CtuisUnas Eve falls on a Friday, Saturday, or Sunday, eight hours of holiday shall not be observers on that day, but shall be converted to eight (8) hours of "floating' holidays to be used in accordance with that provision as shown below. C Q Holiday Eligibility To qualify for holiday pay, an employee must be on paid status on his/her fast regularly scheddfed workday immediately preceding the holiday-a.nd on his/her first regularly scheduled work day immediately following the holiday. Fixed holidays which occur while an employee is on paid vacation or sick leave shall be charged to holiday hours and not the employee's vacation or sick leave balance- D. Holidays Worked This provision shall apply only to those employees designated as 'confidential' as shown on Attachment A. Employees who work on any fixed holiday at the direction of their department head or his/her designated representative shall be paid, or at the request of the employee given compensatory time off, at the overtime rate for the number of hours worked and, in addition, shall receive his/her regular holiday pay. E. Floating Holidays In addition to the fixed holidays specified above, employees shall be granted sixty -four (64) hours of floating holidays on January 1 of each year. New employees shall be granted floating holidays on a monthly pro-rated basis. Floating holidays may only be taken with the prior approval of the employee's department head or his/her designated representative in accordance with the 'scheduling of leave tame' section below. Employees must use an floating holiday hours within the contract year earned. Any floating holidays hours remaining on the books on December 31 of'each year shall be forfeited with no payment- Any floating holiday hours remaining on the books on an employee's termination date shall also be forfeited with no payment. Section 3.2 - VACATION A. AWual Employees covered by ibis agreement shall accrue vacation leave each payperiod in relation to their years of continuous service in a permanent - status position as Ioilows: Years of Service First five (5) years Begirnsing of the sixth (6th) year • Beginning of the eleventh (1 1 th) year F1 Accumulated Vacation tYear 80 hours (2 weeks) 120 hours (3 weeks) 160 hours (4 weeks) Beginning 91 the fifteenth (15th) year 168 hours (4 weeks, i day) Beginning of the eighteenth (16th) year 176 hours (4 weeks. 2 days) Begi,viing of the twenty -first (21st) year 200 hours (5 weeks) Regular status, part -time employees shall accrue vacation on a proration of the schedule above, based on the ratio of their budgeted workweek to full -time status. Employees snail not accrue vacation leave for any time spent on unpaid leave of absence. B. Maximum Vacation Accrual The total number of accrued vacation hours which may be carried over for an employee from one calendar year to the next shall be limited to the hours equivalent of thirty (30) working days or six (6) workweeks. Any accrued vacation over this maximum shall be forfeited at the end of the calendar year with no payment. This limitation shall be imposed on the last day of the first full pay period of the calendar year. C. Use and Scheduling of Vacation Employees may begin to use accrued vacation leave after completion of six (6) months of service in a permanant - status position. Vacation leave may be taken in increments of less than one day with the approval of the department Head or designated representative. Vacation requests should be made, whenever possible, a minimum of ten (10) working days prior to start of the vacation leave to permit proper planning of staff needs and work assignments. Requests shall be made in accordance with the procedures establiished by the department head or his/her designated representative. Ali ether provisions of the current City Personnel Rules regarding vacation leave (included in section 12 -1) shall continue to apply. D. Vacation Sell Back Employees may elect to sell back to the City up to sixty (60) hours of accrued, but unused, vacation per calendar year when the following provisions have been met:. 1. the employee has used a minimum of forty (40) hours of accrued vacation during the twelve (12) months immediately preceding the selling of hours; and 2. the employee will have no less than sixty (60) hours of accrued vacation remaining after the selling of hours. The employee will be compensated for such sold vacation hours at the salary rate in effect for that employee at the time the hours are returned to the City_ Ifl The minimum number of hours that.can be sold to the City at any one time for its cash equivalent is ten (10) hours. E. Additional Vacation Accrual The City and Association agree that employees covered by this MOU may elect to accrue.either forty (40) or eighty (80) additional hours of vaction per year provided, however, that any employee who so elects this additional accrual will take a reduction in pay a ;;:;vale: t to the add io n a 1 hcu:s accrued. This additional acCk ual mast be accomplished over a twelve (12) month period of time, and additional hours pur- chased will be credited to the employee's vacation balance each payperiod as follows: 40 hours purchased = 1.54 hours vacation accrual each payperiod 80 hours purchased = 3.08 hours vacation accrual each payperiod 1ection 3.3 - SICK LEAVE A. Accrual Rate Regular status, full -time employees shall accrue sick leave at the rate of eight (8) hours per month. Regular status, part -time employees shall accrue sick leave on a pro-rated basis, given the ratio of the budgeted workweek to full -time status. B. Eligibility Requirements Employees shall begin to accumulate sick leave as of the date of their employment into a permanent - status position, and shall be eligible to use sick leave once they have accrued sufficient leave hours. Sick leave shall be allowed only in the event of the employees's personal illness, medical appointment or physical disability, or the illness, disability or death of a family member which requires their personal attendance, as defined in current section 12 -2 of the Personnel Rules. Employees shall not accrue sick leave for any time spent on unpaid leave of absence. C_ Payment for Unused Sick Leave Payment for portions of accumulated but unused sick leave wig be made as follows: When an employee has accumulated over eight hundred (800) hoturs of unused suck leave, he/she shag receive a bi- annual payment equivalent to one hundred scent of the number of accrued hours in excess of eight hundred (800). 9 iThe separate sick leave acount used at retirement to pay medical/dental premiums is eliniWated. Also eluninated are the separate sick leave account balances for each employee as of the-date of implementation of this MDU. a - For the purposes of the following section, a retired employee, is defined as an employee vdio retires under the provisions of the Public Emplyees Retirement System- 2. Retired Employees Employees retiring from City service shall receive a payment equivalent to one hundred percent of the employee's unused sick leave balance on record on the date of retirement. 3. Employees Terminatinq_After Ten 4101 Years Service Any employee leaving City service after ten (10) years of service shall receive a payment equivalent to one -half (112) of the employee's unused sick leave balance on record on the date of termination_ For the purposes of this payment, service shall be calculated from the date of original appointment to a permanent - status position. This provision shall not apply to employees who are terminated for cause. 4. Employees Who Die While in Active Service The estate of any employee who dies while in active service with the City shall be paid an amount equivalent to one - hundred per cent (100 %) of the employee's unused sick leave balance on record on the date of death- Payment made on behalf of the deceased employee under this provision shall be paid to any person so designated in writing by the employee or the heirs of the employee and filed with the Personnel Uwe. iCe. For the purpose of this section, the amount equivalent to accumulated sick leave balances shall be determined by applying the employee's current rate of pay at the time of the payment for unused sick leave- Section 3.4 - DONATED SICK LEAVE BANK A. Donations The Personnel Department shah establish and maintain a sick leave bank to facilitate the voluntary contribution of sick leave hours to employees who have experienced a serious illness or injury and need add6l4nal paid leave. 10 Employees may elect to donate a portion of their accrued. sick .leave hours -to a sick . leave bank. Employees wishing to donate sick leave hours will submit a signed memo to the Personnel Department stating the number of hours they desire to donate to the sick leave bank. The Personnel Department shalt deduct-the specified number of t' hours from the employees accrued sick leave and credit the sick leave bank with the same number of hours. Once an employee has donated sick leave hours the employee cannot retrieve those hours except as provided below. B. Revuests for Hours Employees who reed additional sick leave as a fcsult of a se,,'Io is tintless or injury occuring to themselves or to family members such that they would be 'efigible to use accrued sick leave may submit to the Personnel Department a request for sick leave hours from the sick leave bank subject to the following criteria: 1. The employee shaft have utilized all of his/her accrued paid time off; 2. The employee shall have applied for any disability payments such as Long Term Disability or State Disability insurance to which he/she may be entitled; 3. The employee shall have been absent from work for ten (10) or more working days as a result of the qualifying injury or illness except that new probationary employees may be eligible after after five (5) working days; 4. That any grant of hours from the sick leave bank when combined with other benefits shall not enable the employee to collect_ more than 100% of the pay he/she was receiving prior to the alness or injury; 5. Only such hours as are available in the sick leave bank may be granted to an employee; a 6. if more than one request is pending at the same time and not enough hours are available in the sick leave bank to meet both requests the Sick Leave Bank Committee shall determine how the available hours are distributed; 7. All questions of etigIb4ity shall be decided by the Sick Leave Bank Committee and all decisions by the Committee shall be final. C. Sick Leave Bank Committee There is hereby established a Sick Leave Bank Committee. The Committee shall be composed of one representative from each bargaining unit electing to participate in the sick leave bank program. The Conrunittee shall annually elect one member to chair committee meetings, receive correspondence, and call such meetings of the CommWee as may be necessary. The Cornrrriltee may establish such additional rules as they deem necessary but shall not alter the basic provisions set forth herein_ Once during each fiscal year, as established by the City, the Committee shall report to each unit participating in the Committee on- 1 - All donations to the Sick Leave Bank, 31 2. All requests to use sick leave hours from the Sick Leave Bank and the disposition • of suc h requests: 3. The number of hours remaining in the Sick Leave Bank. The Sick leave Committee shall review each request for hours from the Sick Leave Bank and determine eligibility based on the criteria established above. Section 3.6 - SCHEDULING OF VACATION FLOATING HOLIDAYS AND COMPENSATORY TIME OFF Departments shall attempt to accommodate emplovees requests for time off and shall - not unreasonably deny such requests. in appiroving such requests, consideration shall be given to both the wishes of the employee and the needs of the City service. Employees shall request time off in advance and the department head or his/her designated representative shall notify the employee as soon as possible of his/her approval or denial- No employee who has made a reasonable requested) to use his/her accrued time and has been denied such use, shall lose the accrued time requested. Section 3.7 - DRIVERS LICENSE RENE Y ^GALS A. Time -off The City agrees that employees who are required as a conditions of continued employment (as indicated in the job specification) to maintain a valid California Class A or B driver's license shall be granted up to two (2; hours paid time off for the purpose of completing the required medical and Department of Motor Vehicle written exams. B. Medical Exams The City ag; ees to reimburse to the employees defined above, up to $45 each year towards their cost of medical exams to acquire and maintain a Class A or B driver's license. ARTICLE 4. BENEFITS Section 4.1 - INSURANCE BENEFITS Employees covered by t3sis agreement shall be eligible to receive the insurance benefits outlined below_ Summary plan descriptions and/or formal plan documents for these benefit programs are available from the City Personnel Deparimera and are hereby incorporated by reference info this agreemea For employees who work 30 haws per week or more, the City shall pay the monthly premium costs for the medical/demal and vision: insurances for boas employee and dependent coverage as outlined below. Eon regular - status employees who work less 12 than 30 hours per week, the City shall pay the premium cast for einooyee coverage Only. Such employees may purchase dependent coverage by payment of the ditlerence between the employee only and family .premiums through payroll deduction. A. Medical /Dental Plan The City agrees to pay the full monthly premiums for the medical/ dental plan for employee and dependent coverage until December 31, 1991. In consideration of this, the Association agrees to support the recommendations'of the Health Care Cost Containment Committee with respect to controlling the cost of medicaVdental E Vision Care The City shall continue to provide a vision care program for all unit employees and their dependents. C. State Disability Insurance All econifiderntial" employees in this unit (as designated in Attachment A) shall participate in the California State Disability Insurance Plan. The premiums required for participation in this program shall be fully paid for by the employee through regular payroll deductions. All 'administrative" employees in this unit (as designated in Attachment B) shalt be covered by a long term disability program with a thirty (30) day waiting period. The monthly premium costs for this program shall be fully paid by the City. D. Life insurance The City shall provide a S50,000 We insurance benefit to all employees in the unit. Section 4.2 - HEALTH CARE COST CONTAINMENT A. Health Care Cost Containment Committee The City and the Association agree to participate in a City -wide Health Care Cost Containment Committee which was established fin February, 1989 to study the current benefit levels and cost distributions of the rnedicaldental plan. and develop recottunendabons for reducng and/or sharing costs. It is further agreed that the Committee shall review the effectiveness of the current medical and sick leave incentive programs and the advisabiWy of prorating benefits for part -tune employees. The Committee consists of one representative from each City bargaining unit and two 13 representatives frorn City management.. Association -or City consultants Shall be. allowed to sit-in on meetings as appropriate. The Committee's- recommendations. shall be presented to the City Council and all employee associations for consideration. Any changes in the medical plan that are agreed to shall become effective on July 1, 1991 unless otherwise agreed between the Association and the City. By Use of Recreation Center Em 10 E?eS covered b !his j4tnl I are nli�ihlo t the r.,,. i .:.. p.. y y o use a �e .c,,� L3ievi Cci tcci ta�.iti11GJ t`J;f purchasing a three -month useage card from the Parks and Recreation Department. Current price of the card to employees covered by this MOU is S15 as of January 1, 1991. Future adjustments of the price will be at the same percentage rate as that of usage cards sold to the public. Employees who purchase said card shall not be eligible for reimbursement under the City Wellness Program. ' The card may be used only by City employees. Employees may utilize the Recreation Center daring times when the Center is open to the general public. In addition, employees of the Association may utilize the gymnasium and weight room facilities between the hours of 6 a.m. and 8 a.m. provided: a. A Parks and Recreation employee is on duty during those hours to provide access at the facility, b. Use of the facility during said hours does not interfere with the activities of maintenance employee(s); C. Employees must leave the facility in an orderly and clean condition. Should employees not comply with the above, the Parks and Recreation Director may restrict employee use of the facility during the hours of 6 a.m. and S a.m. Section 43 - RETIREMENT BENEFITS A- Retirement Plan Au emofyees in this unit shall be members of the Public Employee's ReWemeiu System (PERS). The City shall continue to pay the 7% employee contribution required for each employee. Those employees covered by this agreement who are within three (3) years of retirement shall have the option of having the City continue to pay the employee's contribution or of paying the employee contribution hirn/hersetf and receiving an iincrease in pay so that the cost to the City does not increase. The City will calculate 14 the pay increase based upon benefit costs in effect at* the time of cal6lation. B. Retired Medical Ply . Employees who retire from City service shall be eligible to maintain membership in the City medicaVdental plan by assuming the following percentage of the established retiree premiums for employee only m employee and dependents: Years of Service % of Retiree Premium *ritii toil City {Paid by Retiree} (from date of regal "hi Twenty five (25) years or more 0% Twenty j20) years or more 25% Fifteen (15) years or more 50% Ten (10) years or more % Less than 10 years 1 7575% Coverage shall continue indefinitely, however, the City health plan shall become a secondary plan to medicare at the time the retiree is eligible for the medicare program.. Section 4.4 - EMPLOYEE ASSISTANCE PROGRAM ® The City shall continue to provide an employee assistance pr .0 to provide 9 ram p psychological counseling services to all unit employees and their dependents. The benefits provided under this program shall be as described in the program description available from the Personnel Department. Section 4.5 - EMPLOYEE WELLNESS AND PHYSICALS Tine City and Association agree that the Wellness Task Force and the "Wellness Program" adopted by City Council shall continue during the term of this agreement. Nothing in this agreement shall be construed or interpreted to require the Council to continue this weflness program beyond December 31, 1991. For those employees who are not already provided a regular physical exam under Section 3.7 of this agreement (Driver's Licenses) or as required by O.S.H.A. regulations (i.e.. chlorine and lead handlers), the City shalt provide an optional, fully paid physical exam performed by the Cry- selected physician once every two years. Employees may elect to have their periodic medical examination conducted by a physician other than the regular physician designated by the City. it this ours. the City shall reimburse the actual cost of the physical to the employee, but such reimbursement shall not exceed the amount which would have been paid to the City selected physicim. 15 The results of this medical exam shall.be sent by the physician io the Personnel. Director, however, in order to protect the patient/ physician relationship, such information shall not be public. The results of the examination shall only include information related to the capability of the employee to meet the requirements of the: position as determined by the physician. The City shall incur no further responsibility for the employee's compliance with the advice or suggestions of the physician, nor for any additional treatment expenses not already covered by other employee benefits. Nothing in this section shall preclude_ the City from requiring the employee to undergo special examinations from a physician of the City's choosing. The City and the Association agree that preventive medical treatment for employees and dependents is effective in reducing health plan costs. Accordingly employees will receive a cash payment of $200 per year for the purpose of financing annual physical examinations or other health treatment not covered by the plan. The payment for Fiscal Year 1992-93 will be made upon ratification of the Memorandum of Understanding- Section 4.0 - MILEAGE ALLOWANCE AND REIMBURSEMENT Employees required to travel on City business will be assigned a City car, have a City car made available to them. or be reimbursed at the standard IRS rate, which meets the substantiation requirements, that is in effect at the time the mileage is driven for actual miles driven. Reimbursement for actual miles driven shall not include home to office use. Determination as to which of the above methods will be used shall be made by the City Manager after consultation with the Department Head. Section 4.7 - UNIFORMS The City agrees to continue the current uniform provisions and cleaning service for the following maintenance employees: equipment maintenance supervisor, building crafts supervisor, parks supervisor, airport maintenance and operations supervisor, and public works supervisor. The City also agrees to continue the uniform allowance for the Records and Communications Manager_ Section 4.$ - EMPLOYEE TRAINING A. Tuition ReimbursemerN 0 The City shall reimburse employees for expenses they have incurred for tuition and books in taking an approved job - related course. Only courses which relate to the iI.1 ® employee's' Current position with the City or would prepare the employee for advancement within that career field will be considered as eligible for tuition reimbursement. Reimbursement shall not be made until employee submits' documeniation'.of expenses and suceessfhf completion of the course. B. Tr ining rs Upon approval of the Department Head, employees may be authorized to attend job-. rebated training programs during regular working hours. When the needs of the City services so require, the department head or his/her designated representative may 'direct an employee to attend a meeting or conference as part of the professional training required for the position. When such attendance is authorized or directed, payment for training - related expenses shall be paid by the City in accordance with authorized travel expense reimbursement policy, and shall be distinct from the compensation paid for time worked C. Travel time Time spent traveling to and from authorized training programs shalt be paid in accordance with the Fair Labor Standards Act. ARTICLE 5. DISCIPLINARY APPEALS PROCEDURE Section S_ i - Application _ The disciplinary appeals procedure described herein shall be available to all permanent status employees covered by this Memorandum of Understanding. It shall not be applicable to probationary employees. Section 5.2 - Definition As used in this procedure, disciplinary action shall mean discharge, demotion, reduction in pay, or suspension without pay. Suspensions without pay for periods of less than three (3) working days shall not be subject to the pre - acion requirements of this procedure and may be appealed only to the City Manager Review level. The City Manager's decision on such appeals shall be final. Suspension wit,` ml pay shall be scheduled on consecutive days and shall not exceed a total of thirty (30) consecutive work days for any one suspension- In no event shall such suspension be imposed against vacation and/or compensatory tune of€ previously earned by an employee_ Secxian 5.3 - REPRESENTATION / NO REPRISAL Is An employee (nay be Fepresented by individual(s) of his/her choice at any and of stages o€ ttus appeal process. The City shall grant a reasonable amount of paid 17 release time from work for one employee to assist the appellant. in preparing and presenting an appeal at any level of this procedure. When an employee whore the City is proposing to discipline or whom the City has - disciplined has identified a representative or representatives, such representatives) shall be notified of formal actions taken in the disciplinary process. In the case of disciplinary actions consisting of suspensions without pay for less than three (3) days, employees shall be given notification sufficiently in advance to. allow a representative to be present during the presentation of the disciplinary document. No employee shalt be subject to restraint, coercion, or reprisal as a result of filing an appeal under this procedure. Section 5.4 - Time Limits Failure of the employee to file an appeal within the required time periods specified for any level of this procedure shall constitute an abandonment of the disciplinary action appeal. Failure of the City to act within the required time periods shall result in an automatic advancement of the appeal to the next step. Time limits specified in this procedure may be extended by mutual written agreement between the employee or his/her representative and the City. The term, 'submit to" as used in this procedure shalt mean the actual delivery of the document to the addressee's normal place of business. Section 5.5 - Pre - Action Procedure � • too •• s •• `� Prior to imposing disciplinary action involving a suspension without pay of three (3) or more working days, reduction in pay, demotion; or discharge, the supervisor or - department head shall first provide the employee an advance written notice of the Proposed action including the following: I- The specific disciplinary action being proposed. 2- The specific grounds and particular facts upon which the action is based. 3. Copies of all documents and materials upon which the action is based or access to such material at a reasonable time. 4. Notification that the employee has a right to respond to the charges either orally, in writing, of both prior to implei a ation of the discipline, and that such response must be made to the department head within five (5) working days of the date the employee receives the notice. • $. Dartment Bead Review is The department head shall issue a written decision on the proposed disciplinary action within five f5) working days of hearing or receiving the employee's response. Copies of this decision shalt be sent to all parties directly involved in the discipline, ' including the supervisor or manager. the employee, his/her representative, and the Personnel Director. Section 5.6 - Post- Action Aooeal A_ City Manager Review The employee has the right to submit an appeal of the department head's decision to the City Manager within ten (10) working days after receipt of the written decision_ Any such appeal must be in writing, explaining the action being appealed, the reasons for the appeal, and the action the employee desires be taken. The City Manager may appoint a personal designee, who shall not be the concerned department head or others directly involved in the disciplinary action, to hear the appeal. The City 1".'anager or his/her designee shall set a meeting date tiVhich shall not be more than iifteen (15) working days after receipt of the appeal by the City Manager. The appellant, the department head, and any other parties requested by the City Manager or his!her designee shall attend the meeting and present oral and/or documentary evidence relevant to the disciplinary action. The City Manager or his/her designee may also conduct such other independent investigation of the charges and discipline as he /she deems necessary. Within ten (10) working days following the hearing, the City Manager or his/her designee shall issue a written decision to all parties involved. The designee has the authority to affirm, repeal, oi modify the disciplinary action taken. The City Manager's review may be waived by mutual agreement between the appellant and the City. B_ Hearing 0 iicer The employee has the right to appeal the decision of the City Manager's designee by submitting to the City Manager a written request for a hearing by an outside hearing officer. Such appeal must be submitted to the City Manager within ten (10) working days after receipt of the designee's decision. The outside hearing officer shall be selected by the Personnel Director and the appellant from a list of qualified individuals provided by the State Mediation and Conciliation Service- The City and the appellant shall alternately strike names from the !list. The last name remaining shaft be the hearing officer. The party striking first shall be determined by U. 19 Upon mutual agreement acid with the consent of the hearing officer, the City and the grievant may submit written materials to the hearing panel in lieu of holding a hearing. Ali interested parties shall be notified in writing by the Personnel Director of the date,-.' time, and place of the hearing at least ten (10) working days prior to the hearing. The hearing shall be conducted under the following rules: 1. All hearing shall be private; provided, however, that the appellant may request a hearing open to the public. 2. Proceedings of tile hearing shall be recorded but not transcribed except at the request o+ either party. The party requesting the transcript shall bear the expense involved unless shared expenses are agreed to by both parties. Should either party.' request transciption, a copy shall be made available to the other party. 3. Either the City or the appellant may call any individual as a witness and/or the hearing officer shall (as legally authorized by City Council action) issue subpoenas by request of either party. If a witness(es) called is a City employee, the City agrees to grant paid release time from work for the period of testimony. The appellant shall appear in person at the hearing, unless physically unable to do so. ® 4_ The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shaq be conducted in a manner most conducive to determinations of the truth. 5. Each party shall have the following rights: To be represented by legal counsel or other person of his/her choice: to call and examine witnesses; to introduce evidence; to cross - examine opposing witnesses on any matter relevant to the issues; and to rebut the evidence against himfier- E. Oral evidence shall be taken only on oath or affirmation. 7_ The hearing otiicer shall determine relevancy, weight, and credibility of testimony and evidence, and shall base his/her findings on the preponderance of evidence. S. The hearing oiticer shall render his/her findings in writing as soon after the coruiusion of the hearing as possible. J. The hearing officer may sustain or reject any or all of the charges filed against the employee andior sustain, reject, or modify the disciplinary action invokers against Ow employee. A copy of the hearing officer's decision shall be furnished to a1i parties directly involved in the disciplinary appeal. 20 The hearing fficer' f - .- .. .. . 9 sees and expenses shall be borne equally by the appeliant and the City, including the cost of transcription it required by the hearing officer. Each party r shalt bear the cost of its own�preser3talron including preparation and post hearing briefs. Both parties agree to make every effort to limit the time involved in the hearing stage of this procedure, so as to contain the overall costs incurred. The decision of the hearing officer shall be binding upon both parties to the appeal; ARTICLE 6. GRIEVANCES Section Fj.1 - Aa 1p ;cation . To establish a mutually satisfactory and timely method of settlement of grievances, the following procedure is available to all employees covered by this Memorandum of Understanding. e tin .2 - Definition A grievance is defined as an alleged violation, misinterpretation, or misapplication of the provisions of this Memorandum of Understanding, or other rules and regulations adopted by the City Council which govern personnel practices and working conditions. No proposals to add to, amend, or terminate a memorandum of underst n i a d ng nor any issue arising out of or in connection with such a proposal may be considered under this grievance procedure. No complaint concerning the payment of compensation to an employee shall be considered under this grievance procedure, unless it alleges a specific violation of the provisions of this Memorandum of Understanding or the City Personnel Rules_ No adjustment of compensation resulting from a grievance under this procedure shall be retroactive for more than one (1) year from the date upon which the complaint was filed- Sec! on 6.3 - Representation /No Reprisal A grievant may be presented by individual(s) of his or her choice in preparing and presenting a grievance at any stage of iris procedure. The City shall grant a reasonable amount of paid release time from work for one emPlOYee as identified by the grievant to assist the grievant in preparing and presenting the grievance at any level of this procedure. Where the grievant has identified a representative or representatives, such representative(s) shall be notified of all formal actions occurring on the grievance. 21 No employee shall be subject to restraint, coercion, or reprisal as a result of filing a grievance under this procedure. 4 - Time Limits Failure of the employee to act within the required time periods specified for any level of this procedure shall result in a resolution of the grievance at the last step pursued_ Failure of the City to act within the required time periods shall result in an automatic advancement of the grievance to the next step of the procedure. Time limits specified in this procedure may be extended by mutual written agreement between the grievant or his/her representative and the City. The terms "submitted to" as used in this procedure shall mean the actual delivery of the document to the addressee's normal place of business. Section 6.5 - Procedures Every attempt shall be made by the parties to settle the issue at the lowest level of this procedure. Only upon mutual written agreement bet,.veen the parties involved may any stage of this grievance procedure be %valved. Step I - SUPERVISOR Within thirty (30) days following knowledge of the event or action on which the grievance is based, the employee shall notify his/her immediate supervisor either - orally or in writing of the nature of the grievance. Within ten (10) working days of being notified of the grievance, the supervisor shall meet with the grievant, investigate the alleged grievance, and provide the grievant an answer to the grievance. Step 11 - DEPARTMENT HEAD It the grievance is not resolved in Step 1, the grievant may submit a written grievance to his/her department head within ten (10) working days of receiving the Step I response. The written grievance shall contain the following information: I. The name of the grievant(s). 2. The specific nature of the grievance. 3. The date, time and place of the event or action on which the grievance is based. 4. The provision(s) of the agreement or ruie(s) alleged to have been violated. 5- Date discussed with supervisor and a copy of the supervisors response if that response was in writing. 8. The action the grievant befieves will resolve the grievance- 7. The name of the representative(s), d any, chosen by the grievar4 to participate in the grievance procedure. If the Department Head believes the grievant has tailed to provide this information; He/she shalt inform the grievant of the deficiency(ies) and the grievant shall be given five (5) working days to perfect and resubmit the grievance. The department head shall investigate the issues, meet with the grievant, and attempt to reach a satisfactory resolution of the grievance. No later than ten (10) working days after receipt of the grievance, the department head shall issue a written response. Copies of the response shall be sent to all parties involved in the grievance, including the employee, the employee's representative(s), and the Personnel Director, STEP III = CtTY MANAGER It the grievant is not satisfied with the resolution presented by department head, he/she may appeal that decision to the City Manager. Such appeal must be received in . writing by the City Manager no later than ten (10) working days after receipt of the Department Head's response. The written notice of appeal shall include the resolution sought, a copy of the Step 11 grievance, and the Department Head's response. If the City Manager believes the grievance is incomplete, he/she shall notify the grievant and his/her representative and the grievant shall be given five (5) working days to perfect the appeal. The City Manager may appoint a designee, who shall not be the concerned Department Head, to hear the grievance_ The City Manager or his/her designee shall set a meeting date which will not be more . than fifteen (1 5) working days after receipt of the appeal by the City Manager. The grievant, the concerned Department Head, and any other parties requested by the City Manager or designee shall attend the meeting and present oral or documentary evidence relevant to the grievance_ The City Manager or his/her designee may also conduct such other independent investigation of the grievance as he/she deems necessary_ Within ten (10) working days following the meeting, the City Manager or his/her designee shall issue a written decision to all parties directly involved in the grievance. STEP IV - HEARING OFFICER If the resolution presented by the City Manager or designee is not satisfactory to the grievant, the grievant may, within ten (10) working days from receipt of the decision, submit a written request to the City Manager for a hearing by an outside hearing officer_ The outside hearing officer shall be selected by the Personnel Director and the grievant from a lust of qualified individ ;pats provided by the State Mediation and Conciliation Services. The City and the grievant shall alternately strike names from the Gsa- The last name remaining shall be the hearing officer_ The party striking firsi shag 23 n be. determined by tot. Upon mutual agreement and with the consent of the gearing officer, the City and the grievant may submit written materials to the hearing officer in lieu of holding a hearing. - If the grievant is not represented by the Association, the Association shall have standing at any hearing as a party of Interest but shalt not be responsible for costs of the hearing officer_ All interested parties shall be notified by the /Personnel Director in writing of the date, time, and lace of the hearing at least ten (tQ) working ,; to Ii+ L. P ... u�y u3yS Fi�'Jr % ts,C hearir�lg. The hearing of the grievance shall be conducted under the following rules: a. All hearings shall be private; provided, however, that the grievant may request a hearing open to the public. b. Proceedings of the fearing shall be recorded but not transcribed except at the request of either party. The party requesting the transcript shall bear the expense involved unless shared expenses are agreed to by both parties. Should either party request transcipis, a copy shall be made available to the other party. c. Either the City or the grievant may call any individual as a witness and/or the ® hearing officer shall (as legally authorized by City Council action) issue subpoenas by request of either party. If a witness(es) called is a City employee, the City-agrees to grant paid release time from work for the period of testimony. The grievant shall appear in person at the hearing, unless physically unable to do so- d. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most condu&,e to determinations of the truth. e. Each party skull have the following rights: To be represented by legal counsel or Wier person of his/her choice; to call and examine witnesses; to introduce evidence; to cross - examine opposing witnesses on any matter relevant to the issues; and to rebut the evidence against hkalher. f. Oral evidence shall be taken only on oath or affirmation. g. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence, and shalt base his/her findigs on the preponderance of evidence. h.. The hearing officer shall render his/her findings in writing as soon after the conclusion of the hearing as possible. i. The jurisdictional authority of the hearing officer shah be confined excdusivefy to the 24 interpretatio+l of the explicit provisions or rules which may be at issue in the grievance. The hearing officer shall have no authority to add to, delete: from, alter, or amend any provision of this agreement or of any other City rules, or impose on any party a. limitation or cibligatiorl nab exclusively provided for in this- agreement or other City rules, or to alter any salary rate or structure-. A copy of the hearing officer's decision shall be tumished to all parties to the grievance. The hearing officer's fees and expenses shall be borne equally by the grievant and the City, including the cost of transcription it required by the hearing officer. Each party shall bear the cost of its own presentation including preparation and post hearing briefs. Both parties agree to make every effort to limit the time spent in the hearing stage of this procedure so as to control the overaff costs incurred. The decision of the hearing officer shall be binding upon both parties to the grievance ARTICLE 7. LAYOFFS Section 7.1 - Order of Layoffs Persons shall be laid off in the following order: a. Layoff shall be by department and class within the department except as otherwise noted herein. b. All extra help, temporary, limited term, seasonal, and provisional employees in the same department and within the same class shall be laid off before any regular employee is laid off. c. When ii becomes necessary to reduce the force in any department, layoff of regular employees shall be in the order in which their names appear on the layoff list for the affected class, as prepared by the Personnel Director, with those persons having the least layoff credit being laid off first. Section 7.2 - Layoff i mp ,t� ation The layoff fist shall be establiished by the Personnel Director by department and class and shall be based upon seniority within the class and department as follows` a. For each regular employee, except as modified in Subsection b., seniority shall be measured from such employee's initial appointment to the class occupied at the 25 time of layoff except that for the purpose of demotion in lieu of layoff, additional seniority shalt be added from initial appointment to permanent City service. b. Regular employees who held seasonal; limited term, or provisional status prior to permanent appointment shall receive seniority credit for said status only it the service was continuously compensated employment prior to appointment to a permanent position_ C. One point seniority credit shall be given for each fu!I calendar month of full -time service_ as specified in a. and b. above. Prorata credit shall be given where the employment is less than f A1 -time �anrwfnvr • f•h ..e e »..r n!nvyjr.n e of . i,s less tho 3., u t1! l .......a4. (Full -time is defined as an employee working thirty -six (36) hours or more per week -) Section 7.3 Demotion and Displacement in Lieu of layoff Based upon seniority credit as defined in section 7.2 above, a regular employee may elect demotion and displacement in lieu of layoff to any position within the City in which he /she has previously held permanent status or in succeeding lower classes in the same class series or in replacement classifications where titles were changed as the result of reclassification provided the duties have remained essentially the same. If an employee has previously held permenent status in the class to which the employee elects to demote, such employee shall not be required to serve a probationary period. If an employee elects demotion and displacement in lieu of layoff, such employee shall be placed at the salary step of that class representing the least loss of pay. In no event shah the salary be increased above that received in the class from which the employee was displaced. To be considered for demotion and displacement in lieu of layoff, an employee must notify the Personnel Department in writing of this.election no later than five (5) business days after receiving the notice of layoff. Regular employees shall have an additional three (3) business, days after each notification that layoff credit is insufficient W allow displacement as computed in Section 7.2 above. Section 7.4 - Re- Employment After Lav*� Employees laid off or who reduce in Geu of layoff in accordance with U-js article, who .request placement on a re- employment list, shall be placed on said first in reverse order of the succession of layoff. Provided, however, such employee is qualified and meets tae employment standards for the position. This would include passing al rs appropriate tests and screenings including written, oral, practical, medical, and 26 E psychological tests, application reviews, and background checks/investigations. Whenever a vacancy is io be- filled, the"appointing authority shall appoint a person from the list who is available and who was laid off from that same postion in that ,pairticular department. If. no one was laid off.�tomthat.same.position in tha1.particular,.� department, the appointing authority shall give first consideration to the persons on the re- employment eligible list before considering other eligibles. IN WITNESS THEREOF, the parties hereto have executed this Memorandum of Understanding this Iu day of 1993. SOUTH LAKE TAHOE CITY . ADMINISTRATIVE AND CONFIDENTIAL EMPLOYEES ASSOCIATION CITY OF SOUTH LAKE TAHOE BY ( BY A BY BY 27 CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -12 "RESOLUTION OF THE CITY OF SOUTH LAKE TAHOE CITY COUNCIL ®ENDORSING THE SOUTH LAKE TAHOE SISTER CITY COMMITTEE'S PROPOSAL ON THE DEVELOPMENT OF A SISTER CITY RELATIONSHIP WITH THE CITY OF BAIKALSK, RUSSIA" • C7 WHEREAS, the "Sister Cities Program" was inaugurated by the President of the United States in 1956 to establish friendship and understanding between the people of the United States and other nations through direct personal contact, and WHEREAS, the City Council of the City of South Lake Tahoe does hereby recognize and endorse the proposal of the South Lake Tahoe Sister City Committee to develop a Sister City Relationship with the City of Baikalsk, Russia with the hope that it will lead to a lasting partnership between our City and the City of Baikalsk; and WHEREAS, this Council supports the citizens of our community in their voluntary support towards maintaining a partnership with the citizens of Baikalsk through undertaking "Sister Cities Program" activities, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE AS FOLLOWS: This Council envisions the Sister City Committee will build an alliance with the City of Baikalsk, Russia, and we hope to see a growing awareness and appreciation of each other's culture and people, and 2. This Council sees the strength and the vitality of this long -term association being between the citizens of our respective cities on a "people -to- people" basis, and 3. To this end, this Council supports the South Lake Tahoe Sister City Committee to enlist voluntary support for the success of this relationship. PASSED AND ADOPTED BY THE CITY COUNCIL, CITY OF SOUTH LAKE TAHOE, ON FEBRUARY 16, 1993 BY THE FOLLOWING VOTE: AYES: NOES: ABSENT ATTEST: KLEIN, OSTI, DAVIS, DU NONE COLE a4r��__ ANG PETERSON, CITY CLERK KEITIJ ]KLEIN, MAYOR /� a�TH i qcc n 19 65 �`Cqr IFC N\/ • L' • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -13 A RESOLUTION DENYING THE CLAIM OF CSE INSURANCE GROUP ON BEHALF OF ALAN E. LAMBERT RESOLVED, by the City Council of the City of South Lake Tahoe that; WHEREAS, this claim against the City of South Lake Tahoe was filed February 8, 1993, in the amount of $22,514, by CSE Ins. Group on behalf of Alan E. Lambert, for damage to his vehicle due to an accident involving a police vehicle, Mr. Lambert's vehicle and another vehicle; AND WHEREAS, said claim is based upon the allegations set forth in these materials identified collectively as "Exhibit A", a copy of which is attached hereto; AND WHEREAS, it is the recommendation of the City Attorney and the Deputy Risk Manager that the above claim should be denied by action of the City Council on the basis that the amount of City liability, if any, needs further investigation; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED THAT: Upon consideration and review of all currently available information, the City Council rejects the claim of CSE Insurance Group on behalf of Mr. Alan E. Lambert. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on March 2, 1992 by the following vote: AYES: Councilmembers KLEIN, COLE, OSTI, DAVIS, DU QUITE NOES: Councilmembers NOTICE OF DENIAL OF CLAIM FOR DAMAGES PRESENTED BY AN AT'T'ORNEY TO: CSE INSURANCE GROUP P.O. Box 13506 Sacramento, CA 95853 -9989 Attn: Karen Parcell, Claims Rep. CLAIMANT(S) : ALAN E. LAMBERT NOTICE IS HEREBY GIVEN that the claim you presented on February 8, 1993, to the City of South Lake Tahoe was rejected by action of the City Council on March 2, 1993. The claim was rejected on the following grounds: 1. The legal liability of the City of South Lake Tahoe is disputed. 2. The amount justly due, if any, is disputed. WARNING Under California State law, you have only six (6) months from the date this notice was deposited in the first class mail to file action regarding this claim. Federal laws differ and may require filing within a shorter period of time. See Government Code Section 945.6 for the applicable state law_ You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: :March 4, 1993 Enclosures An la Pet ity Clerk F� C � Resolution No_1993 -13 3, _ Certified Receipt No. P 767 155 976 - m 19 b 5 .�P cc: Deputy Risk Manager r-1 s CITY OF SOUTH LAKE .TAHOE CALIFORNIA ADMINISTRATIVE CENTER 1059 TATA CANE P.O. BOX 1210 - SOUTH LAKE TAHOE. CALIFORNIA 95705 - PHONE (916) $73 -2040 STAFF REPORT FOR THE CITY COUNCIL MEETING OF MARCH 2 1993 TO: Kerry Miller, City Manager FR: Gretchen Abravanel, Deputy Risk Manager DT: February 18, 1993 RE: Claim of CSE Insurance Group on Behalf of Alan E Lambert RECOMMENDED ACTION: Adopt resolution denying claim. 3 ISSUE STATEMENT AND DISCUSSION: This claim, filed February 8, 1993 by CSE Insurance Group on behalf of Alan E. Lambert, in the amount of $22,514.33 is for damage to Mr. Lambert's vehicle. The damages were a result of an accident involving a Police vehicle, Mr. Lambert's vehicle and another vehicle. It is the recommendation of the City Attorney and myself that this claim should be denied pending further investigation. The City has received a claim from the third vehicle in the amount of $589.24 and it was also denied pending further investigation. A copy of the police report is attached and the amount of City liability, if any, needs to be further investigated. POLICY and /or FINANCIAL IMPLICATIONS• Covered by self - insurance program. The amount of City liability, if any, needs further investigation. Gretchen Abravanel Deputy Risk Manager APPROVED: Ke 'ller,/City Manager t RECEIV'ED' n -r- t FEB ,.. ,i 193 CITY CLERKS OFFICE y9ea s —+ . - - Y 't CITY OF SOUTH LAKE TAHOE _ CSE Insurance Group 4Pr- 2Q SW 41 February 5, 1993 u , City of South Lake Tahoe City Clerk iO52 E ata Lane _ South Lake Tahoe CA 96150 RE: Your Insured: Donna Kristin Kingman Your Claim Number: Unknown _ Our Insured: Lambert, Alan E. Our Claim Number: CAA 0707630 = Date of Loss: 1 -3 -93 As a result of the above- captioned accident our insured vehicle sustained a collision loss in the amount of $ 22514.33.' our investigation indicates that your insured was responsible for this loss. our insured vehicle has now been repaired, and we hereby make demand on you in the above amount, of which our insured has a $ deductible interest. - Enclosed please find a copy of the final repair bill to substantiate our claim_ _ May we have your prompt acknowledgment of this letter advising us as to your.intended disposition of this claim? Y rsl#lruly, CL� Karen Parcell Claim Representative KP : sr i Al WFIC COLLISION REPORT JwJm _W ..IAn4[R ER4MM CST" W/// H �URtO •ALOW ❑ cp CA E // /f1 E 4, . i/� /�G �f�� ru►et R sR t wuE cOfNiY �•a ^' atoodr HO D4lsocW r B 41 SEAT ci I W C•. OCCURR(D ON 400. OAT VC AA - r:lif•otTM/ORYATIa/ DArOIwEic FEET,rEET of $MTWTFS � � .r.iwc[ frrin 7 CAI MIORT SRAE444 ljloes ,% T4N(y4t3 AICCI j OFElclal0. 16-11 O? b /Z 2 �TW AV AT MOOTOGRA04,01 4TATE I%" REE. �,enKzz �rE4 � pT`( DReVERt WTI,:� 4TAlR CLJE44 4fETY vlfl TW WARS f 46004L F COLOR IM4 SRAEOER STATE ' ..AY[ (MOST, E LAST AX/, ,� 4 E:J S- s��s!r Ga�rii.�/ ei . KED CITY .37ATE.'IIC '.. ': OwfyE(T'S A ❑$AAEE At cow." .., sT Er0 As el~ .. . .. .. ... OftF'oYTlOfn OF VEf4C LE OM OROUI4 OF: E"TOFEEC.ER .AkfiD ` CTP: tTAf E: tv � �•cr�E �i /eE �,d, �� /Si AWOL" A4014VY c nwcl- tEa G IIA,R not IfYOMT ' n■ nufTTwoATa vZ s7 RfsC! IA/ LJ Ll 7// YwCLt0460w0[RSO►— �ow[c4w ■oT>tct DESC 1a.E YEf4CL[ D.A..aE uefil- ❑— ❑— St RR 11C E CARfl R ►UEICY 004E4ER u 0e4 a IOO. 0 E[AJOR El TOTAL r��s -r.Ft f.0••E ►nJ.aE 4VSEMEk ►f.OW( �_( /) p 81011 [fEf_MAI4C AL OEFtC71: MOMS ANAR[l!f kE FER TO MARRAT74f ❑ CW USE OKY YuDE w OAYwGCD AREA - / YC14CLt 1rK OESCItti YCI.CtE �. ❑.fan[ fA.pR vSUA •••w.E CA.fEE. rolicr �M -R,EER c•a �• "- ❑.— O -- oT.L STAR :awk DL-: _ sTRER Ow ^ .1.Kvl AT SuE 1�-# 1CC / ❑•� ' lilt n Z 7 —.t s uCIMS. fnr.lR . a caA.. v . am /� a,......- .....�.....�.... —Eft ..AY[ (MOST, E LAST /AD�O{LL1. C! 4 E:J S- 5TMLKT ADDAESS ...,�, - ... Ow"s" MAZE 4M/E Y OSSVE71 . KED CITY .37ATE.'IIC '.. ': OwfyE(T'S A ❑$AAEE At cow." .., sT Er0 w¢o.R EIRTMOA.R IIALt YEA c z OftF'oYTlOfn OF VEf4C LE OM OROUI4 OF: E"TOFEEC.ER _,e / _ 7V !OO w40R YECIIYECAL OtfEC7t. u! 0. AF4� w LASE Or1l. Y[.KLt TM DESC 1a.E YEf4CL[ D.A..aE uefil- ❑— ❑— St RR 11C E CARfl R ►UEICY 004E4ER IOO. 0 E[AJOR El TOTAL 3-k o- ..BFI s� ET oR f.rr•l•.r [ i rcF Ect pw o I � r /if/ c•a �• "- :L.aRS _:C EA SF M�r+ifll STAR Class S•IETV �[.L.E•A Y.•[. ro.Lf COI oR ell -/4/ .EA ♦J•F 1--ST f•DDLE. IASTI ^DEL .�•�.C: •::DAC%S o—[R. MAY[ �s.YE AS OOY[• / . +.EL _. 'sT•TE,TI► o -[ors ADOREss `♦a As '""So A _ r: sT tt ■ R AK .ffAGMT 1rU .MT filarr"onvt RACE E.O. DA• YUR as-os noM OF R.SIA OM OROERs OF. =R ftgOfn 4EtG.n►.4C Ai tRtftGTt. 14fC AI-LREAIf c: W+L. Use vtwcL4 1Y/4 «sC Raf YEr.CLE WY•O'[ ❑ C]— 1011cv r...44R J ❑.wo. f..AOw ❑.DYKE DfA of . O.. ET 4R O. .40.R.•V ,( / 7 tfR K• $ccQ ruc / L li I/ I/C/'� `�CY� 0 Cw0 l+ ...L. S.....a ., DISPATCH NDFFED YES fsCvIEwen s loant a w a A.A fc SSS 8AL£ 1 4 ii4+ Jt j Oh Oat .to ❑OTMEAI REFER m MAARAT" 1 tnADI fM O.."fZ ARE• .K El6Eww SEA ST.-. • �-7oTEwa fK ova To K.JWATWI0 I.o fbN1« fM DA.ro AAE A 1 i ftlw t0 � �I ' F FIC COLLISION COOING •. [ �'. -� ✓/ a.. 4m vc.R X5 ��{!�+ ". let— - -' /v. w� • _.. _. _.. ,� .... .... 1 A p a: 0-0 Jlawrt�wlM oArAa[ - STATING POSITION SAFETY EOUIPMENT EJECTED FROM VEHICLE 1 - AIR SAG OIEPLOVEO I(�O YCTf - HE lfT 0- NOT Er'EC FIE O i A - NONE IN VEHICLE ... M - AIR SAG NO] DEPLOYED. DRIVER I - nKLY EJECTED 8- UNKNOWN N -OTHER V W3 2- PARnALLY f IECTED - LAP BELT USED P - NOT REOUIRED W - YES T - UNKNOWN - DPoVER 0 - LAP BELT NOT USED 1 2 3 E - SHOULDER INRNESS USED PASSENGEA 2 TO t - PASSENGERS f - S14OULDCA HARNESS NOT USED 01110 ALiIiiN.&a S (j - SIAIION WAGON REAR XlIO t- REAR OCGTRK_ORVAN - LAP)SHOULDERHARNESSUSED O - INVEIdctEUSED Y -YES a - POSITION UNKNOWN H - LAP 1 SHOULDER HARNESS NOT USED R - NI VEHICLE NOT USED 7 �o -OINER - PASSIVE RESTRAINT USED S. IN VEHICLE USE UNKNOWN K - PASSIVE RESTRAINT NOT USED T - IN VEHICLE IMPROPER USE V - NONE IN VIEWLE .. ITE NIS MARKED BELOW FOLLOWED BY AN ASTERISK t - I SHOULD ONE EXPLAIHED MK ITHE NARRATIVE - - - _ MOVEMENT PRECEDUEG PRIMARY o I OF AR FACTOR TTFEvF �'vi.�.ai i i IS T NUMBER (r) OF PARTY At FAULT - .ES Z 3 COl1t9OM - 1 A r c55,C1101. VIOLATED: cl ACONTPOES FIKRCTI(]ft"G APASSERGE;I CAR! STATION WAGON ASTOPPEO CONTROLS NOT FUNCTIONING 4B PASSENGER CAR W / MAKER y PROCEEDING STRAKW f e OTHER IMPROPER DRIVING CCONIAOLs OBSCURED C MOTORCVCLE I SCOOTER IC RAN OFF ROAD D NO CONTROLS PRESENT I FACTOR' PICKUP OR PANEL TRUCK MAKING TIGHT TURN iC 0 THE THAN DRIVER' TYPE OF COLLMON E PICKUP I PANEL TRUCK W I TRAILER JEMAKING LEFT TUQN ,D U NK NO WN ' AHEAD - ON F TRUCK OR TRUCK TRACTOR IF MAID NG U TURN SIDESWIPE G TRUCK I TRUCK T RAC IOR W I TRLA I PBACKJNG REAR ENO HsckoOL BUS SLOWLKGK STOPPING I .vF A [MEW ( MARK 1 TO 211CUS) BROADSIDE I OTTER BUS I PASSING OTHER VEHICLE ACtEAR E HT OBJECT J Eu[Wk.mCY VEHICLE ' ,) CHANGNG LANES Hll�HWAY CONST_ EOUIPMEKT I c ;eu� r F OVERTURNED K K PARKING MANEUVER RuN,r VEHiCLEIPEOESTRIAN L BICYCLE I IL ENIERING T"FFIC OTHER • : OIHE.R VE+ecu {PSI OTHER U14SAFE TUANi.SG LOG I Vli31L1TY FT, MOlOA VEHICLE INVOLVED WITH f4 PEDESTRIAN J X:NG INTO OPPOSING LAS JTH�R'. ANON - COLLISION 0 MOPED OPARKED WIND B PEDESTRIAN fp MERGING uGHnNG fP R MOTOR VE"CLE TRAVEUNG WRONG WAY ORY£HICiEONOTIIEAROADWAY i 2 3 OTHEAASSOCIATE.DFACTOI OTHER': DU> - DAWN ED MOTOR VEHICLE MAR K t TO 21TEfAS I DARK- STREETLIGHTS N - - Avcucnra.wvllwN: - Cnto JD.RK- HOSTREETUGNTS CLE CARK - STREET LIGHTS NOT AL: OK""T"oN r0{ nrl (o FUNC TIONING ' O �.a ROADWAY SURFACE "'a OBJECT : C •C S[(T, A vo:Any. DRY I °`3D WET O iKIER OBJEC i : Q ^ti A -w X I HAD NOT SEEN DRINKING S).OIVY -icy `� JB HBO - UNDER INFLUENCE l uu oo". OILY. ETC E v1SI(1r[ OBSCUR E ME NT : I:. 1140 - No T UNDER NtFLLEIK:E F It.A TTEMTION': RDAOwAY CONOi TION{S) � STOP t GO TRAFFIC pFi80 -�'''U asC-NT MNKA�Rf� 6AAPK ADW 1 CONO 0 PUWSTWAN-SINVOLVED UNDER DRUGMFLUENCE' .... I. H ENTERING I LEAVV.' RAMP A HOPETIESTRIAN INVOLVED - IF 1MPIURMEN1- K►NYSILAL •- _ 1 PWAMIL; COWSKON IMPAIRMENT NOT KWYWN -- - --. ra CROSSING � UNf11[AII:AA WITHR(iAD � - -�1 'Ci `E MATCRtaL ON ROADWAY• AT INTERSEC nok — - NOT APPLICABLE 1 j� OEFECTTv£ VEN. EOUW.: Qm -3 rAjCTIJr10N ROADWAY • r - H ( J SL E£Pv IfAT1G[IED cF�ssING IN cRUSSwAtr; - aoT STRUCTION - REPAIR ZONE _I� A1INTEASECTION SPECIAL INFORvirsom K i.Gu:EOROAOWAYWIOTH I[]CAOS:�Nti,- NQIINCROSSWALK UN:N'tDLVLVVL.tcLE AHAZAROOYSMAIE;KAL c'_pOtKCQ' IN ROADD AW-LUOLS SHOUL,DEA I %� OTHER' : NOT IN ROAD .. NONE APPARENT j -t � r) UNUSUAL CORDITKONS iG APPROAC/tHC I LEAVING SCHQDL BVS RUNAWAY VEI(CLJE y SCtu A.IEOus � -e yr 50BWETY -OQUG 112131 PHYSICAL ( YMK 1 70 2 ITEMS 1 i.itinpr) f WITNFSSFS / PASSENGERS r�cE �P1t' Y'TS� 0 J 0 : ,DOf1Eif ---------- ... .. — . Tw[ "TD! .. _,-��. EXTENT OF INJURY ( "X" ONE) INJURED WAS { "X" ONE ,_...... _... _.... .... _ r[< . .tss .,sTdegt. fanlr s[,T a[1. cacao .•�. • pye .CA u[ tawta Mi EOUw. F.T,t iuumv f[YE.E euunv Otw[II VTSIKE .woxv tOMinE,nf7 vQ.y OwrE• .,Si ., R0. - KvCuff OTM[H TEEEf`i -4 _ _ui i JV •I iR1h1AOlE7�l1. 7arpM 1p: OYC T,M Os Y,OCocr Comm ,OTrt[D - ' �_.._ h_�,F0 o•a.n TR 7ED fT: Y'TS� 0 J 0 : ,DOf1Eif YCT,M Of gDEBR CIYYE How" I �f ---------- ... .. — . Tw[ "TD! .. _,-��. 7[U ,_...... _... _.... .... _ r[< t „l[M 7C,: TEEEf`i -4 _ _ui i JV •I iR1h1AOlE7�l1. 7arpM 1p: OYC T,M Os Y,OCocr Comm ,OTrt[D - ' �_.._ h_�,F0 o•a.n TR 7ED fT: T*ACM 10: ... WTW Of vtouDIT CwME MOT1R6 _ )n I o ❑ ! o❑❑o❑ �� TEIE fr�1•+E To: YCT,M Of gDEBR CIYYE How" I �f U LT U 7 i__l u u u — . Tw[ "TD! .. _,-��. ,_...... _... _.... .... _ r[< TEEEf`i -4 _ _ui i JV •I iR1h1AOlE7�l1. 7arpM 1p: ' - -._— - r Cl YCTNr Of rOUi,7 Cwr[ rpliflE� .te rEJ 0d nTowspo"N ll�\ s 7r[W 10: y . • :C R i( -^omil .. . f . Q wCw W wOESrT Cwr(wnwu JUREO t WITNESSES / PASSENGERS • , -OTC a.- \S- S-�1`�,�.\����: ► �,���� � �S��o� ���4�1S�ii, w,uwkD O..h T.fJ/S�Qn TtD 0C TTr OF IMOLoR Cfam -am%* �❑ ❑ TAM. to _ 1 ❑ 0 f..ssEwu. .._ -IfE f.wft►ES �_c1t -1�LA• �� c7 � c�.�� EXTENT OF INJURY ( "X" ONE) INJURED WAS ( "X" ONE) � � SZ.1"j UAW �En� \���,a.C�£. OK• KTVaE4 .b1 EGM. f.Tfy iEvto[ tlt+Ra wsTaEt COwT,.fM -_:� _ . ❑ MCTW CK MOIEXT CArE.0IMS NJN.f UTJVDr SAW yEVE. ..:j 040Q bCrCEt11 sT>,Ea ❑ ❑ I ❑ i ❑ —� ❑ K , ❑ ❑ ❑ cl ❑ ❑ ❑ _L��t -��F� i V�L.n1Z.��1 a.- \S- S-�1`�,�.\����: ► �,���� � �S��o� ���4�1S�ii, w,uwkD O..h T.fJ/S�Qn TtD 0C TTr OF IMOLoR Cfam -am%* �❑ ❑ TAM. to _ 1 ❑ 0 ❑ 00010 .._ -IfE f.wft►ES �_c1t -1�LA• �� c7 � c�.�� \ a � Tie"- � � SZ.1"j �ti►� �En� \���,a.C�£. -_:� _ . ❑ MCTW CK MOIEXT CArE.0IMS Cl ❑ C7 Ll ❑ ❑ I ❑ i ❑ ❑ 4 iwt K , . O O IS a30. .EwI�+ER1M YOi . .E M ,i . S55-Page (Fkw. 747) ON 042 TFIF.TTOfIE RED Slh Tn.MSIpTTED a+. 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NUMBER /-1 � &3 X2'2 NQE SIMvLfufNTAL rx-ApKcA lfJ BA update 0 Fatal ❑ Hazardous matenak ❑ School bus _ page C^J ❑ FYI and no updaW ❑ Ott►er: � REPOATNIGMTNCUKAT CITATTUwINt)tJ STATE *UGHWAY RELATED ❑ Yes .Yo ; ��E f _ . �, �> �C lG'i/� /fir /. a ✓��rEC s �i'r', ���F;��%�s 1G Chi -i/E� �.�/ JS /E C��A� ,��'E,/E �E.d.�i�_'c` •� /f� f %Ec1�'./- �c��,.lc L,_ , r '#E / -Z s 2 Rcpxf s NAME AND P.D. 14JMBEA DATA f $w W wER'$ NAPE Use previous ec%ms and depk tod. « WW AR RATIVEISUPPLEMENTAL ssu (Acv 7 -90) ON oat :i: LNea14rOCOAKNOE TMAC (ZdCq ✓/_ C� _ i�; ? Oa x F I� Nairatwc CO&SM (epon { Supplemental Other: CDUN TYIJUD CU1L OGTRCGT c� �' C�:�SV9JECT X7 MCC NUAMSER OFFICER LO. N 0wo D �o Z /2F TYPE SIPME'AENTAL r)rAPPEC-AS(F) CJ BA update L1 Fatal ❑ Hazardous materials Q School bus NU�+3ER r Ha and run update ❑ Ot er TtEPORTWG ORSTRICT4EAT SrAIE NIGWWAY Yes OTA TOM Nt^WjM *No $ ii i •� //f ' Paz vAaF cL "scc ANola NJMKR GAYS IRE VEWEFTS NAME j Use previous o una depletod. - ]DATE ,o OL Gfl �1 %F,-J c SiE -,z- ,w 'r 22- /wo- T�O,� /iS �To��i•�tG— ��,o�y�i /y . %- ��l/'� /� � �S'�o�° ��E Ta ii i •� //f ' Paz vAaF cL "scc ANola NJMKR GAYS IRE VEWEFTS NAME j Use previous o una depletod. - ]DATE ,o (ZRATIVEISUPPLEMENTAL 556 (Rev 7 -90) Opt 042 EH:iQOp7RAEaCE iraE 6?4M .7- , v E t' QhQ ?J3f($GVC Vision report Supoementag Other ' DWI,! �J�1CNl OrSTRCt' Page OV MCC NLM10ER OFF R D- NUUKlk NUMKR ALEuENTAI TYPE SLO- ('X' APPtC-4&E) ❑ SA update D Fatal ❑ Hit and run update 0 Hazardous mawfiais ❑ Schod bus ❑ Othet, REPQRilJG01$TRICUSE�OTATON STArE F 04*AY EATE(� , Yes t�*N0 V - --t r \j '? � ` `,� : Z� t Ate-, 1 ��.•- � �i � :v'�� aL1 ~Z t —~ VgrI -- a 9 � . .: rsEpS �,D. Oars AEvtEWERSr�E - a�E the previatm edit m unW depleted 4 +e WSW } f i '4 AR RADVE/SUPPEEMENTAL .P 556 (Rev 7.90) OPI Oat rE cx a CtpEwrrppGpigEwG£ TW $NM � x ;N\ hiarrdbvt' �,; C(Asion repon D &mp�+entm Q other: cttY.coLNTVuu6mcIAL cisTRIOT c 2. l wCIC "JUGER occ i �� o. wuwEw TYPE supnEk*tjrA L or Ap tt1 *AF) ❑ BA update Cl Fatal ❑ Hazardous materials Cl SclToot bus 7�1 Gam_ OVA O lu and " Update Q 0tw: t RE?ORIWGOIST ICt AT OTATIONWJM" j STATE iKIIWAV RELATED Yes . Oa VIE, ���- -� . \� C N-14 Q C C i t ^� 3 i 2 v L.a AwD ID.BER \. k DATE REVIEWERS "Aw We prevow eddKm whit dep/eaed . srl. • ,. �rarr o. c.aro.el. rsrewr•ar.oa Ac a..r rur•a. wtuo...r �� , ,at•C wr Nr Accplrr ear■ r<as pNaNra ,ID-SPEED IN FORMAT ION _ --_ vi —�3 °y3 OAD CONDITIONS ACCIDENT SKID 'DATA - CENTRIFUGAL SKIQ ��: IY •(NOING ♦OC4cE0 WNa'Ea lIrGTY .,?p? TOTAL o,� r1 wla .lcrU�E reC� croeo v .e <!01•<,C now _ •a<♦ •° •-a wo -olo.r wre rr. y /v.t./. /{a tai, moire , at. i +c VX // wv e. ►c• .� TEST SKID INFORMATION _- '.o. OcTONATOR _ O T N OTN(R OAT^ , OelV ae ..0, wrele ' t. 1 Nar'.Ola k.c. 0e aeVlr, r0_ Yw Ka Z ..Tawel•wota Aciv as ..aa0 ara cwu••arao ewowe c•ta> r M ETNOO iK DYwRKi k((EliR 60 ... w 4EATN(R(iamp.i T!Y( .1fMf fVY a+aa0 �RO- • n • CfiweT (Owt ►) T <►T .CCgaNT T. iT ♦CtIOIRT T..T C•OawrAK C _ OTNII O Tw.a O eOlw TA r'a O OTr <R �r .rlrG OT rICII —w IOaNT ..O_It,+r•al M��✓ / COIF, w .ItILrIOw• _..._ . DRAG SLED DATA ..al<.r waa ealcrr roer�aw ilaC UaA r <O CO ■�. ♦OlV frrawr raae -_ ` . - ADIYfTaO COa�.IC4<Mr _.- CAI_CULATIONSIDIAGRAM - f s - . �� cl - ---- - SAS,•- �r��r SYMBOLS FORMULAS l-- co•�..c....T e. r•..crner � < ^crone j►rJ �� •r .. cf � �� rseo.aa..ATr SOS ?Rev 7 85} nPl q31 7.:r1 ,v M r qn: n• n, r , I ?: EXAMPLE: CENTRIFUGAL SKIDMARK S ; ` .._�.. _ _ . o•e.e A.• r-I SYMBOLS FORMULAS EXAMPLE: CENTRIFUGAL SKIOMARK •w. »cne or CAL Ir'O..a. MNralav rwrap4 aCCao.wT rVraa. .CCaoa rT coc.TNw .ccaaq.. Oar. t. aT .aq *..a :!D -SPEED INFORMATION teal ROAD CONDITIONS ACCIDENT SKID DATA CENTRIFUGAL SKID stare NOING ... _ LACKCO ONCEL.,.. TOTAL l.aaG Tr ' c.awe t w.w fro.o. ... •. \`;i \��i�1CM .cc,o Vl�Mja Cy�/I( year. make. l)Aodel�) J ..... ....... .................. .... avcw.oe ,. TEST SKID INFORMATION 7. Y►H L..P- ■ -F_ L.R. R.R. ION G>FS O[TONATOw O TANG - ,' OTYCR DATA .. .,... _ _.., .... .... .... V [r.cLc L.C.O. iOLlr. aa0. r.w[ Ta.i /tteeac wCTVAI a•c.D D-Ta CaL+.w-T[O wAO.■ twa[O MOD Z IDYARKZ 141EAZURCD Wr ATNCR JUMP.) 11"a Yaatrur ta`a l0 raor G ... T c+O.MT TatT '' '� ACC{DaMT ♦afT ACCte.MT - TitT _ •e O wDL ATA wa OT »aa ❑ r.we � wOIA TA Ia � OT•+aw ' -ti'+G IT- +n0 OrllCi•'AC IOa+rT 1.0. NVr.lw o - r 1.0. MVraaw H ' aJ a-.D � r.Caw !� ' DRAG SLED DATA D �c+a »T lv a,+. a1.16 »r row ruL. lcA�cua.ATaD coc.. IEt sLao r♦. .o�u arrcwT r.[a.c , -., ..., _ Aow azao CoarraC...T - -.- CALCULA iONS /DIAGRAM /, < ,�liG•fL =- Z7 < r-I SYMBOLS FORMULAS EXAMPLE: CENTRIFUGAL SKIOMARK r•eiaa teal [rte i ( y c.awe 135 (Raw 7 461 0101 031 Oistrov O"Oontprow to 1281 SYMBOLS . —s•rro �r...� 4v 185 ffa., i Rol ORl 73� FORMULAS EXAMPLE: CENTRIFUGAL SKIDOAARK c ...oelr rd ow � a � .•_ ... _ . o. o....fr Rr —r.lo wo.r ..■ I'V7 "�� .' o. Gal.w ow r.a M /6r �Af aol wCGOr «T rur.r.. a<ta6.rr l�GarpM AD SPEED INFORMATION�2�p aCC�rrT oaTa fr.f a..0 ea Ta PAD CONDITIONS CONDITIONS ACCIDENT SKID DATA CENTRIFUGAL SKID b :- k��:1�4~' Ir e[MPI.aG lOtK iO IaN![4 L.n. 01 ____ - TOTaL lircw rre• . orfo,vcT.o« .ter r.e-o. e.rwf< ♦... • -a. wcc.ot «T va...C,. (year, makt, n1 ;el) .. TEST SKID INFORMATION ........ �. w... 1. r. R_r, l.R, R•R- IONG£S DETONwroe O TANC OTM iR OATA so.vaw IA. ruroaw . 1 IIc. Ow wou11•• r0. rAtt Tt Aw�rOOtl we rY al a ►Cr0 OwTa ew4 as ATCO wADaa ..r a.� M ETMOD SKID44AWKS M£ASUREO 1f[aTMiR ((t/Ryj TIMi r...wur a•'tas iwOr l.i ra aT CrAwT (OtltrJ aCC.OIrT T.aT ACCWtrr raar �/-�} •.. _.. L� rOlwTw.K � OTrtn � Tw.l � wOlA ia.a � OTw Cw ,iG 4TIrG Of•IIC Iw— ACGOa «♦ I.O. rUralw � ..... . � •r,o o..,cew a ..o. rurrew r, DRAG SLED DATA we,crY fYLt rt.Grr rOwrVlA Coaf AO1u aTrt «T —.1. AOlu ar[o COaf rl C.ar♦ 1G.IC.IAI.. OltO �T. CALCULATIONS /DIAGRAM 7 d ���95 �•��LGS lam: �G , V -Z 111A15 SYMBOLS . —s•rro �r...� 4v 185 ffa., i Rol ORl 73� FORMULAS EXAMPLE: CENTRIFUGAL SKIDOAARK c ...oelr rd ow � a � .•_ ... _ . o. o....fr Rr —r.lo wo.r ..■ CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993--IA A RESOLUTION ADOPTING SOURCE REDUCTION AND RECYCLING AND HOUSEHOLD HAZARDOUS WASTE ELEMENTS WHEREAS, the City of South Lake Tahoe recognizes that it is in the public interest to enact and implement an integrated waste management plan to address State and local solid waste issues as well as emphasize the conservation of natural resources; and WHEREAS, pursuant to the provisions of Chapter 9, Title 14 of the California Code of Regulations, Planning Guidelines and Procedures for Preparing and Revising Countywide Integrated Waste Management Plans; and WHEREAS, the Source Reduction and Recycling Element and Household Hazardous Waste elements for the City of South Lake Tahoe and the East Slope unincorporated area of El Dorado County have been prepared in accordance with the abovementioned state regulations; NOW THEREFORE be it resolved that the South Lake Tahoe City Council adopts the Source Reduction and Recycling and Household Hazardous Waste elements for the City of South Lake Tahoe and the East Slope unincorporated area of El Dorado County. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a regular meeting on March 2, 1993, by the following vote: AYES: NOES: KLEIN, COLE, OSTI, DAVIS, DU QUITE ABSENT: ATTEST: MAYOR i nLi ;N .Aj AN LA PETERSON t: Mtf CLERK n 19 65 2-MxMres CITY OF SOUTH LAKE TAHOE a RESOLUTION NO. 1 94 -i-i s APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 FOR THE EL DORADO BEACH LANDSCAPE PROJECT IN'HEREAS, the L7nited States Congress has enacted the I.:ter modal Surface Transportation Efficiency Act of 1991, which is intended to provide over $200 million in federal dollars over a 6-year period as matching funds to local state and federal agencies and nonprofit entities for transportation enhancement activities; and WHEREAS, the Department of Transportation has established the procedures and criteria for reviewing proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the recipients will be selected; and WHEREAS, said procedures and criteria established by the California Department of Transportation resolution certifying the approval of application by the applicants governing body before submission of said application to the California Transportation Commission and the State of California, and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the transportation enhancement activities project; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that: 1. The City approves the filing of an application for the Transportation Enhancement Activities Program for consideration for funding. 2. The City certifies that said applicant will make adequate provisions for operation and maintenance of the project. 3. The City appoints CAROL J. DRAWBAUGH as agent of the City of South Lake Tahoe to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. • f , :7 PASSED AND ADOPTED by the City Council of the City of South bake Tahoe on Marta rchh 2_,19 93 , by the following votes: AYES: Councilmembers: KLEIN, COLE, OSTI, DAVIS, DU QUITE NOES: Councilmembers: ABSENT' Councilmembers: sb i pwc 1992a4 wy +• J � ,, _ �` -� "� 9 � ��i � .+ W 1 11Y un• �„� � ' i ,, n �. � �Y . y tl � � 1 f � • � _ 4•.Nr �.I 1u 11tH V. wl. . �r w u. ,taro.`+ -� � ! ....._.___��� • ��� +���� t � 1� �� ` � t + ���• •� � Ittll au �y � 'l 1. W t \ 1. � � � ■ � C w t1 v �• � 1� � � �'1 �t� ■ � i �A � v 1, 1 Baas .�a �.s, 1 ��t� �� t ►+ 1 � � 1 1 , 1 rt •1i ' 1� � �� ' ~ O 1 • I �^ 1 1 / � V ✓ t • r � • - �: • •�, i �� ' ,, � %�_ . k'k;•-arl'. 'si i�,, . ',s'�(/ t ". ' , � �� `� +, 1 �' � j" �/ '#�v� � _al 4 + �' ' M v � '° 1 ie V h��r7!K. � ? �' •i1' sqe te'.at•�w- : � w ti :.+aµ•.•z: � J h w � I �+ ( 1- • � , y • � ' �' �� � (. -7'.i' ���� � t '�(�. �+1!'}i ......». - .,.»..._ «,,.,..._.,;� � - � . h a ' 1' r � t ' • � b alp! \f►V" ,� ``�i ff � .t E l� � Y � si wv� �. — — _ ' +� ( I`_ j� .� Cam. ); .� �. ,� �,,� '� i . r � a { � �; ,�� _ ' ; �liC -�, �--- a o` a __ ti .• Iiw��..�Ti: L jo•• I•r' �� � . CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE ADOPTING THE FISCAL YEAR 1992/93 OPERATING BUDGETS FOR THE CITY OF SOUTH LAKE TAHOE VEHICLE REPLACEMENT FUNDS AND ALLOCATION OF SPECIFIC AMOUNTS RESOLVED, by the City Council of the City of South Lake Tahoe that: WHEREAS, It is in the interest of orderly community operation for the City to establish an annual budget for the replacement of City owned vehicles, and WHEREAS, This is the fifth year of the 20 year vehicle replacement program, and WHEREAS, Only those vehicles that are in true need of replacement are being considered for replacement this buget year. NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED THAT: Section 1. The following budgetary amounts are adopted: Account Number Title of Account Amount 230 -401- 6010 -7461 Capital Outlay $ 197,738 230 - 401 -6010 -7511 Cat Lease Payment 37,713 230 -401- 6010 -7512 4WD Dump Truck Lease 12,988 231 -401 - 1301 -7461 Snow Removal Leases 196,390 231- 253 - 0000 -9999 Snow Removal Fund Balance 2,292 001-401-1301-8067 Gen. Fund Transfer Out 162,132 230 - 401 -6010 -8067 Veh. Rep. Transfer out 25,851 620 - 253 - 0000 -9999 Airport Fund Balance 25,851 Account Number Title of Account Amount 001- 253 - 0000 -9999 General Fund Balance $162,132 230 - 301 -6010 -3992 Veh. Rep. Transfer In 162,132 230 - 253 - 0000 -9999 Veh. Rep. Fund Balance 112,158 620 - 301 -2606 -3992 Airport Transfer in 25,851 231 - 301 -1301 -3106 Parcel Fee Receipts 198,682 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City r �7 .7 11 of South Lake Tahoe that the amounts for the 1992/93 Fiscal Year Budget are hereby adopted. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on March 2 , 1993 by the following vote. AYES: Councilmembers KLEIN, COLE, OSTI, DAVIS, DU QUITE • �J • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE ADOPTING THE FISCAL YEAR 1992/93 CONSTRUCTION BUDGET FOR THE CITY OF SOUTH LAKE TAHOE CAPITAL IMPROVEMENT PROGRAM AND ALLOCATION OF SPECIFIC AMOUNTS RESOLVED, by the City Council of the City of South Lake Tahoe that: WHEREAS, the City Council wishes to establish and adopt the 1992/93 CAPITAL IMPROVEMENT FUND budget; and WHEREAS, the 1992/93 - 1996/97 5 year proposed Capital Improvement Plan remains essentially the same as the prior 5 year plan; and WHEREAS, the projects contained in this budget resolution have been approved in the 1991/92 - 1995/96 5 year Capital Improvement Plan and /or subsequently. NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED THAT: Section 1. The following budgetary amounts are allocated as noted: BUDGET LINE ITEM DESCRIBTION (Revenue) Account Number Title of Account Amount Division 4010 - Parks and Recreation 410 -301- 4010 -3660 State Grant Receipts 918,720 Division 4020 - Municipal Engineering 410 - 301 - 4020 -3660 State Grant Receipts 866,957 410- 301 - 4020 -3903 State Erosion Grants 600,262 Division 4030 - Public Works 410- 301 -4030 -3992 Division 4040 - Airport Transfer In- General Fund 8,032 410- 301 - 4040 -3601 FAA grant 1,191,333 410 -301- 4040 -3883 Passenger Facility Charge 90,000 Division 4060 - Safety & General 410 -301- 4060 -3992 Transfer In- Redevelopment 331,100 001- 253 -0000 -9999 General Fund Balance 8,032 410- 253 -0000 -9999 Capital Projects fund Bal. 570,609 BUDGET LINE ITEM DESCRIBTION (Expenditures) Account Number Title of Account Division 4010 - Parks and Recreation 410- 401 -4010 -7367 410 -401- 4010 -7607 410 - 401 - 4010 -7386 ® 410 -401 -4010 -7370 410- 401 - 4010 -7601 410 - 401 -4010 -7629 410 -401 -4010 -7621 Bijou Community Park Bijou Creek Wetlands Bijou Golf Course El Dorado Beach Landscape E1 Dorado Boat Launching Lake Christopher ECP Parks & Rec Master Plan Division 4020 - Municipal Engineering 410 - 401 - 4020 -7371 410 - 401 -4020 -7633 410 - 401 - 4020 -7349 410 - 401 -4020 -7330 410 -401- 4020 -7345 410- 401 - 4020 -7384 410 -401- 4020 -7641 410 -401- 4020 -7326 410 - 401 - 4020 -7637 410 - 401 -4020 -7636 410 -401- 4020 -7344 410 - 401 -4020 -7231 410 - 401 - 4020 -7385 410- 401 -4020 -7332 410 - 401 -4020 -7642 410 - 401 -4020 -7337 Amount $279,332 147 8,349 48,875 310,224 556,277 9,224 Al Tahoe - Johnson Signal 118,996 Al Tahoe- Pioneer ECP 547 Bike Trails 39,500 D St Erosion Control 20,000 General Erosion Control 9,000 Gardner Mtn.Erosion Control 150,511 Lakeview Ave. Drainage 20,000 Loop Road 447,858 Saddle Rd.- Sterling Crt ECP 80,000 Ski Run SEZ Restoration 178,140 South Street Extension 44,143 South Y Terminal 250,000 Stateline Erosion Control 76,449 Tahoe Valley Erosion #1 12,030 12th Street ECP 85,000 Wildwood Drainage 6,534 C' 0 Division 4030 - Public Works 410 - 401 -4030 -7640 Dumpster Enclosure 10,614 410 -401- 4030 -7205 Public Works Storage 42,111 410 -401- 4030 -7638 STAGE Bus Garage 51,191 410 -401- 4030 -7622 Underground Tanks 30 000 Division 4040 - Airport 410 -401- 4040 -7428 Airport sign yC,-00 410- 401 - 4040 -7635 Fence Airport Perimeter 33,449 410 -401 -4040 -7643 Hangar Taxi Lanes 990,000 410 -401- 4040 -7429 Hazard Beacon 50,0A0 410 -401- 4040 -7107 Runway Protection Zone 100,000 Divisions 4060 & 4070 Safety & General 410 -401 -4070 -7639 Cultural Arts Master Plan 14,509 410 -401- 4060 -7619 Fire Station Relocation 331,100 410 - 401 - 4070 -7353 Emergency Equipment Program 59,700 410 -401- 4070 -7392 General Plan Update 72,527 410- 401 -4060 -7229 Remodel Station 2 706 001 -401 -1301 -8067 Transfer to Capital Projects 8,032 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South Lake Tahoe that the amounts for the 1992/93 Fiscal Year Capital Improvement Projects Budget are hereby adopted. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on March 2 , 1993 by the following vote. AYES: Councilmembers KLEIN, COLE, OSTI, DAVIS, DU QUITE Is CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993-18 RESOLUTION APPROVING PARTICIPATION IN THE CIWMB WASTE OEL RECYCLING ENHANCEMENT PROGRAM WHEREAS, the City of South Lake Tahoe is committed to the concept of recycling resources whenever possible; and WHEREAS, the recycling of waste oil is an environmentally sound practice; and WHEREAS, the California Integrated Waste Management Board is providing additional financial incentive through the Waste Oil Recycling Enhancement Program; and WHEREAS, the City of South Lake Tahoe applauds the CIWMB for providing such incentive programs and encourages the development of additional programs; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of South Lake Tahoe, to participate in the Waste Oil Recycling Enhancement Program. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a regular meeting on March 16, 1993, by the following vote: AYES: KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES: • • • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 19 9 3 -19 APPROVING COLLECTION AGREEMENT BETWEEN THE CITY OF SOUTH LAKE TAHOE AND LAKE TAHOE MANAGEMENT BASIN UNIT, USDA FOREST SERVICE ($19,597) RESOLVED, by the City Council of the City of South Lake Tahoe, that: WHEREAS, it is necessary that an agreement be entered into between the City of South Lake Tahoe and Lake Tahoe Management Basin Unit, U.S.D.A. Forest Service for erosion control work between Verdon Lane and Regina Road. NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that: 1. The City Council of the City of South Lake Tahoe hereby approves the agreement between Lake Tahoe Management Basin Unit, U.S.D.A. Forest Service and the City of South Lake Tahoe; and, 2. The Council hereby authorizes execution of said collection agreement by the Mayor, a copy of which is attached hereto and incorporated herein. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on March 16 .19 93 , by the following votes: AYES: Councilmembers: KLEIN, COLE, OSTI, DAVIS & DU QUITE i N3 w r u ATTEST: • City of South Lake -Tahoe Resolution No. 1993- 20 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SOUTH LAKE TAHOE CITY EMPLOYEES ASSOCIATION WHEREAS, the City of South Lake Tahoe and the South Lake Tahoe City Employees Association have met and conferred in good faith in accordance with the provisions of the Meyer -Milias -Brown Act of the California Government Code; and WHEREAS, the South Lake Tahoe City Employees Association has ratified the Memorandum of Understanding for the Period October 1, 1992 through September 30, 1993P NOW THEREFORE IT IS HEREBY DETERMINED AND ORDERED THAT. This Council approves the Memorandum of Understanding between the City of South Lake Tahoe and the South Lake Tahoe City Employees Association, which is attached hereto and incorporated herein by reference as though fully set ® forth. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on March 16 ,1993 by the following vote. • AYES: Councilmembers COLE, OS T I & rXJ QUITE ARTICLE t. GENERAL PROVISIONS Section 1.1. - PREAMBLE This Memorandum of Understanding is entered into by the City of South Lake Tahoe (hereinafter referred to as the City) and the South Lake Tahoe City Employee's Association, affiliated with El Dorado County Employee's Association and Public Employee's Union Local #1, (hereinafter referred to as the Association) after having met and conferred in good faith regarding wages, hours, and terms and conditions of employment of those employees in the representation unit identified in Attachment A It is the into at of the pa tics to set forth herein their entire agreement resuiting from such discussions. Upon ratification by the City Council and the Association membership, this Memorandum of Understanding is binding under Government Code sections 3500- 3510 (the Meyers- Milias -Brown Act) for the period commencing October 1, 1992 and ending September 30, 1993. Effective April l, 1993, Articles 2, 3, and 4 reopen for negotiations. Section 1.2 - RECOGNITION The City recognizes the South Lake Tahoe City Employee's Association, affiliated with ® the El Dorado County Employee's Association and Public Employee's Union Local #1, as the exclusive bargaining agent for the purposes of establishing wages, hours and terms and conditions of employment, for all permanent status employees in the current classifications shown on Attachment A. Section 1.3 - MANAGEMENT RIGHTS The Association acknowledges the City's rights and responsibilities as delineated in the current Section 17 -4 of the City Personnel Rules and aA applicable state and municipal laws; except both parties acknowledge the responsibility to meet and confer on any impact such actions may have on the wages, hours and terms and conditions of employees covered by this memorandum of understanding. Section 1.4 - ASSOCIATION REPRESENTATION AND COMMUNICATION A. Time off for Representation City employees who are official representatives of recognized employee organizations shall be given reasonable time off with pay to attend rnee*W with management representatives, or to be present at hearings where matters within the scope of representation are being considered The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City_ the employee will sign a waiver releasing the Association from representation in cases of discipline. grievance, and arbitration. For the Purpose of negotiations, the employee win continue to be represented since the Association negotiates wages, benefits, and working conditions for the classification in which the employee is assigned. Within 14 days of receipt of the notice of these options the employees shall return the form setting forth the option selected. If an emploee does not properly complete and return the loan. the City shall commence and continue a payroll deduction of service fees from the regular biweekly pay of such employee. 2. The City of South Lake Tahoe shall hold harmless, indemnify and defend Local 1 from and against an claims or actions which may arise as a result of this Section herein which provides that non -dues paying members represented by Local 1 are not entitled to representation by Local 1 concerning issues relating to discipline, arbitration, grievances, wrongful termination, or any other type of dispute whatsoever which is not directly related to salary and/or benefits granted to employees otherwise represented by the Association. In the event any assertion of right to representation for such purpose is made by Is any of the non - represented persons, present or future, to which this provision applies, the City reserves the right, at its own cost and expense, to suspend any such grievance, disciplinary action, or any proceeding and shall secure a judicial determination as to what legal obligations, if any, exist and what steps should be taken, if any, as a result of the Memorandum of Understanding provision at issue herein. 3. The Association may have the regular dues, fees, and assessments of its members deducted from employees' paychecks under procedures prescribed by the City. Employees desirous of such deductions must sign and submit an Employee Payroll Deduction Authorization (PDA). All duly authorized PDA's will be processed promptly. Deductions authorized in the above manner will be accumulated and forwarded on a regular basis to the authorized payee(s). 4. Any unit employee who has a dues deduction authorization on fide with the City on the date this agreement is ratified, shah be subject to the Maintenance of Membership provisions of this agreement 5. If employees have a dues deduc lion on We, it is understood that the dues wA be deducted for the duration of this agreement, or until fhe last day of the pay period during which the transfer of the employee to a unit represented by ® another recognized employee organization or to a class not contained in a representation unit is effective, whichever occurs first Employees covered by 3 ® fee in lieu of Association membership or service fee paymenL Declarations or applications for religious exemption and any other supproting documentation shall be forwarded to the Association within fifteen days of receipt by the City. The Association shall have fifteen days after receipt of a request for religious exemption to challenge any exemption granted by the City. If challenged the deduction to charity shall commence, but shall be held in escrow pending resolution of the challenge. Charitable contributions shall be by regular payroll deduction only. Deductions made pursuant to this section shall be given to the United Way, Christmas Cheer, or Lake Tahoe Voluntary Action Center. n �J 3. Hoad Ha,,, less The Association shall indemnify, defend, and hold harmless the City, its officers, employees, and agents acting on as behalf from and against any and all losses, damages, costs, expenses, claims, demands, actions, suits, judgements, and other forms of liability arising out of the application or enforcement of this section. In no event shall the City be required to pay from its own funds Association dues, service fees or charitable contributions, which the employee was obligated to pay, but failed to pay, regardless of the reasons. Section 1.5 - PAST PRACTICES The City and Association agree that those policies and practices affecting the wages, hours, or working conditions of employees in this unit not specifically amended by this Memorandum of Understanding will not be changed until and unless the Association and City have met and conferred prior to any change. Section 1.6 - CONCERTED ACTIVITIES It is agreed and understood that there will be no strike, work stoppage, slow -down, picketing, or refusal or failure to tufty and faithfully perform job functions and responsibilities or other interference with the operations of the City by the Association or by its officers, agents, or members during the term of this agreement, including the recognition of picket lines or additional compliance with the request of other labor organizations to engage in such activity. The Association recognizes the duty and obligation of its representatives to cornply with the provisions of this agreement and to make every effort toward encouraging aH employees to do so. In the event of a strike, work stoppage, slow-down, or other interference with the operations of the City by employees who are represented by the Association. the Association agrees in good faith to take all necessary steps to cause those employees to cease such action It is agreed and understood that any employee viiolating Ibis article way be subs to discipline up to and uxWing tenainabw by the City. 5 Overtime is defined as all management authorized hours worked in excess of forty (40) hours in paid status per workweek Time spent in voluntary training is not considered time worked for the purposes of overtime calculation. Permission to work overtime must be granted by the employee's department head or his/her designated representative. No overtime, except emergencies, may be authorized L -n!ess sufficient funds have bCCi, budgeted for that purpose.-_ B. Payment Overtime over or *-quarter of an hour shall be paid at the rate of one and one -half (1 1 /2) times the employees regular rate as defined by the Fair Labor Standards Act or may, at the request of the employee and with prior approval from the appointing authority, be converted to compensatory time off at the rate of one and one -half (1 i!2) times the hours worked. ®. Accrued Comp�,satory Time When elected, eorrPensatory time earned shalt be accrued at the end of each workweek, based on the total number of overtime hours in the workweek. Compensatory time earned within one workweek cannot be used within that same workweek. Compensatory time off shall not be allowed to accumulate beyond a maximum of eighty (80) hours at any given time. Once a maximum of eighty (80) hours of compensatory time has been accrued, all additional hours of overtime worked shall be paid at the overtime rate. Employees may elect to receive payment for all or any portion of their accrued compensatory time hours on the books. Such payment shall be at any time during the year. A minimum of 10 hours of compensatory time must be submitted each time payment is requested. When an employee separates from City service, he/she shall receive payment for any unused compensaury time on the books at that time. Such payment w* be atade at the employee's rate of pay at the trine of separagm It is Ole k4entiOn of the Parks and Recreat -DepaMn&Vmanagemenjjosd)eduje 7 0 D. Exclusions Shift differential pay shall not apply to any paid leave hours nor to any hours scheduled within the qualifying periods for the convenience of the employee. E. Night Shift Assignments Seasonal night shift assignments in the Public Works Department will be made in a fair and equitable manner, taking the following criteria into consideration: I . Volunteers 2. Special required skills 3. Seniority If none of the volunteers or least senior persons possess the special skills the Department has determined are required, the Department will assign the least senior person who has the needed skills. Section 2.5 - SPLIT SHIFT DIFFERENTIAL The City agrees that those permanent employees in the Parks and Recreation 49 Department who are ordered or authorized through approval of their schedule by management to work a split shift shall receive seven dollars and twenty -five cents ($7.25) for each split shift worked, (said payment to be) in lieu of any shift differential pay. In order to qualify for a split shift differential, a permanent employee must work a total of at least eight (8) hours with a break between work periods that is in excess of normal meal breaks. Section 2.6 - ACTING PAY Employees may be assigned by management to temporarily assume some or all of the duties of a position which is vacant due to a temporary absence or termination of the incumbent. Additional compensation shall be given for such assignments when the following provisions have been met: a. The assignment is made in writing by the Department Head or his/her designated representative and approved by the Personinel Director. b. The employee is assigned to perform a significant majority of the duties Of a budgeted vacant position in a higher paid classiiscation. C. The duties of the higher class are assigned to and perbmied by the designated employee for forty -eight W) or more regular, consecutive work hours- 0 is certification pay is granted. Employees will be reimbursed for application, registration and testing fees for the above certifications, upon successful completion of the tests- Section 2.8 - WELDING CERTIFICATION PAY Full -time employees occupying the classifications of Equipment Mechanic Leadworker and Equipment Mechanic shall receive twenty dollars ($20.00) per month in addition to their regular rate of pay for possession of each of the certificates issued by the American Welding Sxiety for flat, horizontal, ve tical or ever -head v:elding. However, the City shall make such payment for no more than the first four (4) welding certificates earned among all employees in the Motor Pool Division. Employees who are eligible for certification pay will be reimbursed for the registration fees they have incurred in taking welding classes. Such reimbursement shall only be made upon successful completion of the certification test and is dependent upon prior approval of the course by the Public Works Director. Such requests for prior approval of welding classes shall not be unreasonably denied. Section 2.9 - SHARED POSITIONS ® Permanent full -time positions shared between the Public Works and Parks and Recreation Departments shall meet the service eligibility requirements for promotion to Senior Maintenance Worker class after completion of eighteen (18) months service in the shared positions. At the time a shared employee is transferred from one department to another, his/her salary shall continue at the same step in the salary range for the class to which he/she is assigned. • Section 2.10 - WEATHER OBSERVATION PAY Unit employees at the airport so volunteering wib be trained to perform weather observations. Once trained, employees shall receive an additional payment of five dollars ($5.00) for each requested observation performed. The City shall pool eamings collected under this program and distribute monies eamed equally amongst the participating employees. Salary ranges for al classif+catioris in the General and Public Works barga"ng units in the amounts shown on Attar A and B. 1I scheduled work day immediately preceding the holiday and on his/her first regularly scheduled work day immediately following the holiday. Fixed holidays which occur while an employee is on paid vacation or sick leave shall be charged to holiday hours and not the employee's vacation or sick leave balance. D. Holidays Worked Employees who work on any fixed holiday at the direction of their supervisor shall be paid, or at the request of the employee given compensatory time off, at the overtime rate for the number of hours worked a.^., in addition, shall receive his/her regular holiday pay. Public Works, Parks Department, or Airport employees who are engaged in snow removal or related motor pool support activities on Thanksgiving Day, Christmas Day, or Christmas Eve shall be paid, or at the request of the employee given compensatory time off, at the rate of 2.5 times their base hourly rate for the number of holiday hours worked and, in addition, shall receive their regular holiday pay. "Holiday worked hours" as used in this provision shalt be defined as all hours within a shift that begins between 12:00 a.m. and 11:59 p.m. on a fixed holiday. E. Floating Holidays ® In addition to the fixed holida ys specified above, employees shall be granted forty -two (42) hours of floating holidays on January 1 of each year. New employees shall be granted floating holidays on a monthly pro-rated basis, and regular part-time employees shall be granted floating holidays on a pro-rated basis, given the rata of their budgeted work week schedule to fufl time. • Floating holidays may only be taken with the prior approval of the employee's supervisor in accordance with the "scheduling of leave time" section below. Employees must use all floating holiday hours earned within the calender year. Any floating holiday hours remaining on the books on December 31 of each year shall be forfeited with no payment. Any floating holiday hours remaining on the books on an employee's termination date shall also be forfeited with no payment. .ZIM • Employees covered by dus agreement shalt accrue vacation leave each payperiod in relation to their years of continuous service in a pennanerd- -status position as f000ws: 13 n U • • preceding the return of hours. The employee will be compensated for such returned vacation hours at the salary rate in effect for that employee at the time the hours are returned to the City. The minimum number of hours that can be returned at any one time is ten (10) hours. Any employee who is given a disciplinary action that results in a loss of pay shall be excluded from use of this provision for sixty (60) calendar days from the date hafshe receives the notice of intent to take such disciplinary action. E. Additional Vacation Accrual The City and Association agree that employees covered by this MOU may elect to accrue either forty (40) or eighty (80) additional hours of vacation per year provided, however, that any employee who so elects this additional accrual will -take a reduction in pay equivalent to the additional hours accrued. This additional accrual must be accomplished over a twelve (12) month period of time, and hours purchased will be credited to the employee's vacation balance each payperiod as follows: 40 hours purchased = 1.54 hours vacation accrual each payperiod 80 hours purchased = 3.08 hours vacation accrual each payperiod Employees must use all additional vacation hours accrued under this provision within twelve months following completion of the additional accrual. The provisions of section 3.6 (Scheduling of Vacation, Floating Holidays, and Compensatory Tune Off) shall apply to this additional vacation accrual. F- Pay for Unused Vacation Upon termination from employment with the City, every permanent or probationary employee who has served the City six (6) months or more from his/her base anniversary date shall be paid for all unused vacation earned prior to said termination date. Payment for unused vacation shall be determined by the rate of pay for the position upon the date of termination. In the event one or more holidays falls within an employee's anmW vacation leave, such hobday shaU nit be charged as vacation leave: provided, however, vacation shall be charged to those employees who receive regular holiday pay for such hme- 15 Any employee leaving City service in good standing after ten (10) years of satisfactory service shall receive a payment equivalent to one -half (1/2) of the employee's unused sick leave balance on record on the date of termination. For the purposes of this payment, service shall be calculated from the date of original appointment to a permanent - status position. 4. Employees Who Dig While in Active Service The estate of any employee who dies while in active service with the City shall be paid an amount equivalent to one hundred percent (100%) of the employee's unused sick leave balance on record on the date of death. Payment made on behalf of the deceased employee under this provision shall be paid to any person so designated in writing by the employee or the heirs of the employee, and filed with the Personnel Office. 5. Calculation of Dollar Value of Sick Leave For the purpose of this section, the amount equivalent to accumulated sick leave balances shall be determined by applying the employee's current rate of pay at the 40 time of the payment for unused sick leave. i n 3.4 - D NATED I K S C LEAVE BANK A. Donations The Personnel Department shalt establish and maintain a sick leave bank to facilitate the voluntary contribution of sick leave hours to employees who have experienced a serious Ulness or injury, and need additional paid leave. Employees may elect to donate a portion of their accrued sick leave hours to a sick leave bank. Employees wishing to donate sick leave hours wiH submit a signed memo to the Personnel Department stating the number of hours they desire to donate to the sick leave bank. The Personnel Department shall deduct the specified number of hours from the employee's accrued sick leave, and credit the sick leave bank with the same number of hours. Once an employee has donated sick leave hours the employee cannot retrieve those hours except as provided below. : s M, • we 1 Employees who need additional sick leave as a resuk of a serious diness or m*uy occurring to themselves or to family members, such that they would be eligible to use • accrued sick leave, may submit to the Personnel Department a request for sick leave hours from the sick leave bank subject to the following criteria: 17 Employees shall request time off in advance, and the employee's supervisor shall notify the employee as soon as possible of his/her approval or deniat_ No employee who has made a reasonable request(s) to use his/her accrued time and has been denied such use, shall lose the accrued time requested. Section 3.6 - DRIVERS LICENSE RENEWALS The City agrees that employees who are required as a condition of continued employment (as indicated in the job specification) to maintain a valid California Class A or B driver's license shall be granted up to two (2) hours paid time off for the purpose of completing the required medical and Department of Mc4or Vehicle written exams. Such time off shall also be granted to employees in the Streets Maintenance Worker and Airport Maintenance Operations Technician classes who hold or obtain a Class A or B driver's license. ARTICLE 4. BENEFITS Section 4.1 - INSURANCE BENEFITS Employees covered by this agreement shall be eligible to receive the insurance benefits outlined below. Summary Flan descriptions and/or formal plan documents for these benefit programs are available from the City Personnel Department and are hereby incorporated by reference into this agreement. For employees who work 30 hours per week or more, the City shall pay the monthly premium costs for the medical/dental and vision insurances for both employee and dependent coverage as outlined below. For regular - status employees who work less than 30 hours per week, the City shall pay the premium cost for employee coverage only. Such employees may purchase dependent coverage by payment of the - difference between the employee only and family premiums through payroll deduction. A. Vision Care The City shall continue to provide a vision care program for all unit employees and their dependents. B. State Disability Insurance All employees in this unit shall participate in the Califomia State Disability Insurance Plam The premiums required for pads patm in this program shall be tuily paid for by the employee through recgLdar payroll deductions. C. Life Insurance The City shall provide a $25.000 We kvaKance benefit to all employees in the unit. 19 SMfina 4.4 - EMPLOYEE ASSISTANCE PROGRAM The City shall continue to provide an employee assistance program to provide psychological counseling services to al unit employees and their dependents. The benefits provided under this program shall! be as described in the program description available from the Personnel Department. Section 4.5 - EMPLOYEE WELLNESS AND PHYSICALS A. Task Force The Wellness Task Force and the `WeMess Program• adopted by the City Cound shall continue during the terra of this agreement. B. Physical Exams The City shall provide a fully paid physical exam performed by the City - selected physician once every two years. For employees required to maintain Class A or B drivers licenses the physical shall include all DMV required exams and completion of DMV required forms. Employees required by O.S.H.A. regulations to have specific physicals related to their employment may have those tests incorporated into this physical exam, but in no event will be eligible for two physical exams at City expense. Employees may elect to have their periodic medical examination conducted by a physician other than the regular physician designated by the City. If this occurs, the City shall reimburse the actual cost of the physical to the employee, but such reimbursement shall not exceed the amount which would have been paid to the City selected physician. The results of this medical exam shall be sent by the physician to the Personnel Director, however, in order to protect the patient/physi6an relationship, such information shall not be public. The results of the examination shaft only include information related to the capability of the employee to meet the requirements of the position as determined by the physician. The City shall incur no further responsibility for the employees compliance with the advice or suggestions of the physician. nor for any additional treatment expenses not already covered by other employee benefits. 1!L � F •. The City and the Association agree that preventive medical treatment for employees and dependents is effective in reducing heakh plan casts- Accordingly employees wil receive a cash payment of $200 per year for the purpose of financing anmW physical 21 C • budgeted by the City for this purpose. .� The City agrees to continue the current uniform provisions and cleaning service for the following maintenance employees: street maintenance, airport maintenance, building crafts, motor pool, parks, and police maintenance. The City shall provide a uniform allowance for the Police Secretary position of $298 per year, to be paid in two equal payments in the last pay period in June and December of each year. _ Employees in the Public Works Department who are designated as Public Services Officers during snow removal season shall receive a $200 payment the first pay period in October for the purchase of cold weather clothing. This benefit is limited to two (2) employees. During the Fiscal Year 1992/93, a comparative test of cotton uniforms with the standard polyester uniforms will be conducted in Public Works. During July 1994, the City and the Association shall discuss the trial of cotton uniforms prior to letting the next contract for Public Works uniforms. Section 4.8 - EMPLOYEE TRAINING A. Tuition Reimbursement The City shall reimburse employees up to $1000 per fiscal year for expenses they have incurred for tuition and books in taking an approved college or university level course. Only courses which relate to the employee's current position with the City or would prepare the employee for advancement within that career field will be considered as eligible for tuition reimbursement. Reimbursement shall not be made until employee submits documentation of expenses and successful eomplefion of the course. In order to be eligible, an employee must submit a plan by May 1 st for the upcoming budget year. fate requests may be approved at the discretion of the Department Head. B. Training Courses Upon approval of the Department Head, employees may be authorized to attend job - related training programs during regular working hours. When the needs of the City' services so require, the appoiir4ing au#bority may direct an employee to attend a meeting or conference as part of 9w professional training required for the position. VWwn such attendance is authorized or dhrected, payment for traming-retated . expenses shalt be paid by the City in accordance with authorized travel expense re=Wrsement po&cy, and- shalt be distW from the compensation paid for time worked. 23 a sufficiently in advance to allow a representative to be present during the presentation of the disciplinary document. No employee shall be subject to restraint, coercion or reprisal as a result of Bing an appeal under this procedure. Section 5.4 - TIME LIMITS Failure of the employee to file an appeal within the required time periods specified for any level of this procedure shall constitute an abandonment of the disciplinary action appeal. Failure of the City to act within the required time periods shalt resuft L an automatic advancement of the appeal to the next step. Time limits specified in this procedure may be extended by mutual written agreement between the employee or his/her representative and the City. The term, 'submit to'. as used in this procedure shall mean the actual delivery of the document to the addressee's normal place of business. Section 5.5 - WRITTEN REPRIMANDS AND SUSPENSIONS WITHOUT PAY OF LE THAN THREE DAY The 'pre- action' requirements of these procedures shall not apply to written reprimands or to disciplinary suspensions without pay of less than three (3) days. An employee who receives two 2 or more written { � reprimands on the same or related issue in any twelve (12) month period, or a disciplinary suspension without pay of less than three (3) days, may appeal such actions to the City Manager, in accordance with the procedures set forth in the subsequent paragraph `City Manager Review.' The City Manager's decision on such actions shall be final. Employees may also file a written response to any written reprimand, and such response shall be flied in the employee's personnel file. Upon request by an employee, written reprimands which have been in an employee's file for two (2) or more years wig be removed if no subsequent disciplinary actions have occurred. 544 • •J •LL .7• • • Prior to imposing disciplinary action involving a suspension without pay of three (3) or more working days, reduction in pay, demotion, or discharge, the supervisor or dnrtwm manager shall first provide the emp Oyee an advance written notice of the proposed action, inctuding the kAOwkxX 0 1_ The specific disciplinary action being proposed. 25 submitting to the City Manager a written request for a hearing by an outside hearing officer. Such appeal must be submitted to the City Manager within ten (10) working days after receipt of the designee's decision. The outside hearing officer shad be selected by the Personnel Director and the appellant from a list of qualified individuals provided by the State Mediation and Conciliation Service. The City and the appellant shall alternately strike names from the W. The last name remaining shall be the hearing officer. The party striking first shag be determined by lot. Upon mutual agreement, and with the consent of the hearing officer, the City and the grievant may submit written materials to the hearing panel in lieu of holding a hearing. All interested parties shall be notified in writing by the Personnel Director of the date, time, and place of the hearing at least ten (10) working days prior to the hearing. The hearing shall be conducted under the following rules: 1. All hearing shall be private; provided, however, that the appellant may request a hearing open to the public. 2. Proceedings of the hearing shall be recorded but not transcribed except at the request of either party. The party requesting the transcript shall bear the expense involved unless shared expenses are agreed to by both parties. Should either party request transciptkA a copy shall be made available to the other party. 3. Either the City or the appellant may call any individual as a witness and/or the hearing officer shall (as legally authorized by City Council action) issue subpoenas by request of either party. If a witness(es) called is a City employee, the City agrees to grant paid release time from work for the period of testimony. The appellant shall appear in person at the hearing, unless physically unable to do so. 4. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most conducive to determinations of the truth. 5. Each party shall have the following rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses-,lo introduce evidence; to cross - examine opposing w4nesses on any matter relevant to the ensues; and to rebtA the evidence agai -a him/her. 6. Oral evidence shall be taken only on oath or affirmation. 7. The hearing officer shad determine relevancy, weight, and credibility of 27 Section 6.3 - REPRESENTATIOWNO REPRISAL A grievant may be presented by individual(s) of his or her choice in preparing and presenting a grievance at any stage of this procedure_ The City shall grant a reasonable amount of paid release time from work for one employee as identified by the grievant to assist the grievant in preparing and presenting the grievance at any level of this procedure. Where the grievant has identified a representative or representatives, such representative(s) shall be notified of all formal actions occurring on the grievance. Where the grievant has not identified the Association as their representative, the Association shall be notified of the grievance if such grievance reaches Step Ill. The Associatiorr shall have an opportunity to comment on all grievances and proposed solutions at the Step Ill level. No grievance shall be resolved contrary to the provisions of this agreement without the concurrence of the Association. No employee shall be subject to restraint, coercion, or reprisal as a result of filing a grievance under this procedure. Section 6.4 - TIME LIMITS 40 Failure of the employee to act within the required time periods specified for any level of this procedure shall result in a resolution of the grievance at the last step pursued. Failure of the City to act within the required time periods shall result in an automatic advancement of the grievance to the next step of the procedure. Time limits specified in this procedure may be extended by mutual written agreement between the grievant or his/her representative and the City. The terms 'submitted to' as used in this procedure shall mean the actual delivery of the document to the addressee's normal place of business_ a • . j Every attempt will be made by the parties to settle the issue at the lowest possible level. Only upon mutual written agreement between the parties involved may any stage of this grievance procedure be waived. Within durty (30) days fig knowledge of the event or action on which the grievance is based, the employee shall notify higher immediate supervisor either oraffy or in writing of the nature of the grievance. Wrthlo ten (10) working days of being notified of the grievance, the supervisor shall meet with the grievant, investigate the 29 than fifteen (15) working days after receipt of the 40peal by the City Manager. The grievant, the concerned department head, and any other parties requested by the City manager or designee shall attend the meeting and present oral or documentary evidence relevant to the grievance_ The City Manager or his/her designee may also conduct such other independent investigation of the grievance as he/she deems necessary. Within ten (10) working days following the meeting, the City Manager or his/her designee shall issue a written decision to all parties directly involved in the grievance_ Step IV - Hearing Officer It the resolution presented by the City Manager or designee is not satisfactory to the grievant, the grievant may, within ten (10) working days from receipt of the decision, submit a written request to the City Manager for a hearing by an outside hearing officer. The outside hearing officer shall be selected by the Personnel Director and the grievant from a list of qualified individuals provided by the State Mediation and Conciliation Services. The City and the grievant shall alternately strike names from the list. The last name remaining shall be the hearing officer._ The party striking first shall be determined by lot. Upon mutual agreement and with the consent of the hearing officer, the City and the grievant may submit written materials to the hearing officer in lieu of holding a hearing. If the grievant is not represented by the Association, the Association shall have standing at any hearing as a party of interest, but shall not be responsible for costs of the hearing officer. All interested parties shall be notified by the Personnel Director in writing of the date, time, and place of the hearing at least ten (10) wow days prior to the hearing. The hearing of the grievance shall be conducted under the following rules: a.) All hearings sham be private; provided, however, that the grievant may request a hearing open to the public. b.) Proceedings of the hearing shall be recorded bu# not transcribed, except at the request of either party. The party reques&M the transcript shad bear the expense iinvolved unless shared expenses are agreed to by bosh parties. Should either party request transepts, a copy shall be made available to the other party. 31 ARTICLE 7. LAYOFFS I* Section Z. t - ORDER OF LAYOFFS • Persons shall be laid off in the following order: a- Layoff shall be by department and class within the department except as otherwise noted herein. b. All extra help, temporary, limited term, seasonal, and provisional employees in the same department and within the same class shat! be laid off before any regular employee is aid off. C. _ When it becomes necessary to reduce the force in any department, layoff of regular employees shall be in the order in which their names appear on the layoff list for the affected class, as prepared by the Personnel Director, with those persons having the least layoff credit being laid off first_ . Section 7.2 - LAYOFF LIST COMPUTATION The layoff list shall be established by the Personnel Director by department and class, and shall be based upon seniority within the class and department as follows: a. For each regular employee. except as modified in Subsection b., seniority shall be measured from such employee's initial appointment to the class occupied at the time of layoff, except that for the purpose of demotion in lieu of layoff, additional seniority shall be added from initial appointment to permanent City service. b. Regular employees who held seasonal, limited term, or provisional status prior to permanent appointment shall receive seniority credit for said status only if the service was continuously compensated employment prior to appointment to a permanent position_ c. One point seniority credit shall be given for each full calendar month of full -time service as specified in a. and b. above. Prorata credit shall be given where the employment is less than full -time and/or the employment is less than a full month. (Full -time is defined as an employee working thirty -six (36) hours or more per week) - d in the event two or mare employees have the same number of seniority points, such tie shalt be broken by lot. 33 • • is IN WITNESS THEREOF, the parties hereto have e' ed this Memorandum of UncWstandug this day of P^14 r 1 993. SOUTH LAKE TAHOE CITY EMPLOYEES ASSOCIATION CITY OF SOUTH LAKE TAHOE BY BY BY BY i t.. 1rr s !, r BY s , BY I �^t t?� A) 35 4 • n • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -21 A RESOLUTION AUTHORIZING INDEMNIFICATION OF POLICE OFFICERS PURSUANT TO GOVERNMENT CODE SECTION 825(b) IN THE CASE OF DACAYANAN v. CITY OF SOUTH LAKE TAHOE RESOLVED, by the City Co„ c;' of the C 4- F South Lake .� 4� �. ui�\.ti �.1• 11.. of Tahoe that: WHEREAS, pursuant to Government Code Section 825(h), the City Council of the City of South Lake Tahoe has the discretion, on a case by case basis, to authorize indemnification of public employees named as individual defendants and against whom punitive or exemplary damages are sought; and WHEREAS, the City Council has reviewed the case of Dacayanan v. City of South Lake Tahoe, et al. and has determined, based upon preliminary statements of independent witnesses to the alleged incident, as well as the findings of investigative processes undertaken to determine the appropriateness of the level of force utilized in the Plaintiff's arrest, that indemnification of the individual police officers named therein is appropriate; NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED BY THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE TP.AT: 1. Any Judgment, in whole or in part, which may arise in the above case for the payment of punitive or exemplary damages would be based upon an act or omission of the individually named defendant employees and officers acting within the course and scope of employment as an employee and /or officer of the City of South Lake Tahoe. 2. Based upon the facts uncovered through an impartial investigation conducted concerning the alleged incident, the individual defendant employees acted in good faith, without actual malice, utilizing prudent judgment as it related to the amount of force necessary to restrain the Plaintiff at the time of his arrest, thereby acting in the apparent best interests of the City of South Lake Tahoe. 3. Payment of any claim or Judgment, if liability is established for punitive or exemplary damages, is in the best interest of the City of South Lake Tahoe. Nothing in this resolution shall be deemed or construed in any way to affect the provision of state and federal law prohibiting the award of punitive or exemplary damages against the City of South Lake Tahoe, nor shall it be admissible in any proceeding for the purpose of establishing waiver of such provision nor for purpose of establishing ability to pay any such alleged damages. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe, on this 6th day of April , 1993, by the following vote: AYES: Councilmembers: KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES: Councilmembei ABSENT: Councilmembei ATTEST: /2 F ® ity 40. Clerk A LA PETERSON (City Seal) �O Z y 19 65 CQ! gyp` �fFORN • Ir • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1443 -22 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE AMENDING THE ADOPTED 1992/93 FISCAL YEAR BUDGET FOR 2% ARTS PROMOTION PROGRAMS IN THE AMOUNT OF $6,794 WHEREAS, t-h :e Ci } desi^es to a,�.: rd .;.c 199,`93 Fiscal Year Adopted Budget for community arts program funding; and WHEREAS, Staff recommends the adjustment summarized below (see Attachment A for detailed changes); INCREASE ADJUSTMENT: AMOUNT: Four Arts Contract Agencies $ 4,784.00 Arts Master Plan $ 2,000.00 DECREASE ADJUSTMENT: AMOUNT: Arts Promotion Contingency $ 6,784.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South Lake Tahoe that the budget admendments to the 1992193 Fiscal Year Budget are hereby approved. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on April 6 , 1993, by the following vote. AYES: Councilmenbers KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES: Councilmenbers ABSENT: Councilmembers ATTEST: c�., (CITY SEAL) • An a Peterson Keith Klein, Mayor H 19 65 ® Attachment A DATE: March 29, 1993 REQUEST FOR BUDGET ADJUSTMENT REQUESTING DEPARTMENT: 2% Promotion Budget Division INCREASE ADJUSTMENT (CREDIT?: Account Number Title of Account Amount 001- 401 -1503 -3908 Tahoe Tallac Association $ 2,455 001- 401 - 1503 -6913 Tahoe Arts Project $ 1,532 001 - 401 - 1503923 Community Orchestra $ 295 001 -401 -1503 -6931 Tahoe Theatre Company S 502 001- 401 -1503 -6932 Arts Commission Transfer $ 2,000 *. 41G401-4070-7639 Arts Master Plan Project $ 2,000 DECREASE ADJUSTMENT (DEBT!): Account Number Title of Account Amount 001401 -1503 -6911 Arts 2% Contingency 5 6,784 410 - 301 -4070 -3883 Miscellaneous Receipts $ 2,000 DETAILED REASONS FOR BUDGET ADJUSTMENT: Record additional funding approved by the City Council at the December 15, 1992, Council meeting to provide money for four art organizations and money to complete the facilities component of the arts master plan. VED FOR ADOPTION: t7t a;at-�- Date 3-0-1--� nance rect Date 3 alter /PAGE 2 • C • • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1 993 -23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE AMENDING THE ADOPTED 1992193 FISCAL YEAR BUDGET FOR TRANSFER OF REDEVELOPMENT RELATED TRANSIENT OCCUPANCY TAX IN THE AMOUNT OF $664,463.07 WHEREAS, Lhe Cour.6-1 d -i.►es to anh- d thoe !0191"013 Fiscal Y= Adapted Budget for a transfer of TOT money to complete existing commitments under the Redevelopment Plan; and WHEREAS, Staff recommends the adjustment summarized below (see Attachment A for detailed changes); INCREASE ADJUSTMENT: AMOUNT Transfer Out 5664,463.07 DECREASE ADJUSTMENT: AMOUNT Transfer In $664,463.07 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South Lake Tahoe that the budget amendments to the 1992/93 Fiscal Year Budget are hereby approved. PASSED AND ADOPTED by the Board of Directors on -April 6 _,1993 by the following vote. AYES: Councilmembers KLEIN, COLE, OSTI , DAVIS & DU QUITE Attachment A DATE: March 30, 1993 REQUEST FOR BUDGET ADJUSTMENT REQUESTING DEPARTMENT: Authority Finance INCREASE ADJUSTMENT (CREDIT): Account Number Title of Account Amount 810- 253-0000 -9999 ' Fund Balance $ 664,463 DECREASE ADJUSTMENT (DEBM: Account Number Title of Account Amount 810-301-8057-3991 Transfer In $ 664,463 DETAILED REASONS FOR BUDGET ADJUSTMENT: Provide for budget authorization to transfer Redevelopment related TOT from the City to the Redevelopment CIP Fund to complete existing plan commitments. 4PPROVED FOR ADOPTION: 10 " Z�tLA;?�! - 3 --,?V -q 3 Pinance itment II Date Director Date City Manager Date PAGE 2 • • A RESOLUTION OF THE CITY OF SOUTH LAKE TAHOE APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA TIRE RECYCLING MANAGEMENT FUND UNDER THE CALIFORNIA TIRE RECYCLING ACT FOR THE LAKE TAHOE YOUTH CLUB BUILDING PROJECT RESOLUTION NO. 1993.2 4 WHEREAS, the people of the State of California have enacted the California Tire Recycling Act which provides funds to the State of California, its political subdivisions and individuals for performing research and business development of tire - related projects and processes; and WHEREAS, the California Integrated Waste Management Board (Board) has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by agencies and individuals under the program; and • WHEREAS, said procedures established by the California Waste Management Board require the applicant to certify by resolution the approval of the application before submission of said application to the state; and 0 WHEREAS, said application contains assurances that the applicant must comply with; and WHEREAS, the applicant will enter into an agreement with the State of California for development of the project. NOW, THEREFORE BE IT RESOLVED that the South Lake Tahoe City Council hereby: i. Approves the filing of an application for the California Tire Recycling Management Fund under the California Tire recycling Act of 1990 for state grant assistance for the project specified above; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant will provide an in -kind match of $3,757; and 12 .7 • 4. Appoints the City Manager as agent of the Project and authorizes the City Manager to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, management requests and so on, which may be necessary for the completion of the aforementioned project. AYES; Councilmembers KLEIN, COLE, OST I , DAVIS A DU OU TE NOES: Councilmembers ABSEYR Coundhnembers r� ATTEST: cis Cit lerk An la Peterson a 19 65 13 CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -25 A RESOLUTION SUPPORTING THE HIGHWAY 50/80 RAIL CORRIDOR STUDY WHEREAS, The City of South Lake Tahoe understands the importance of intercity rail travel as an efficient and environmentally effective means of mass transit, and WHEREAS, such travel is the subject of the Caltrans feasibility study for the Highway 50 and 80 corridors, and WHEREAS, the City of South Lake Tahoe believes the linkage of an intercity rail system to the City's proposed intercity fixed guideway may be the most efficient means of transporting local citizens and visitors to the South Shore of the Tahoe Basin with minimal environmental impact, and WHEREAS, the full study of both corridors is necessary to proceeding with the implementation of rail to and within the Tahoe Basin, • NOW, THEREFORE BE IT RESOLVED that the City Council of the City of South Lake Tahoe calls upon all involved governmental entities to link Northern Nevada and Northern California directly to the shores of Lake Tahoe by means of appropriate and cost effective mass transit, and to support in full the studies of transit corridors along Highways 50 and 80. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a regular meeting on April 6 , 1993, by the following vote: AYES: KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES: ABSENT: MAYOR ATTEST: �OVjH C AN LA PETERSON '- C CLERK 19 65 N i f EITH KLEIN • CITY OF SOUTH LAKE TAHOE CITY COUNCIL RESOLUTION NO. 1992- 2 6 A RESOLUTION APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE GENERAL, NATIVE AMERICAN ALLOCATION OF THE STATE CDBG PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE PURPOSE OF THIS GRANT WHEREAS, the Housing Element of the General Plan states a need exists for the development and implementation of a housing rehabilitation program for low income residents; and WHEREAS, the Housing Study Group encourages participation in rental and single family housing rehabilitation programs in targeted residential neighborhoods for the purpose of long -term occupancy; and WHEREAS, the South Tahoe Agency Redevelopment ment A en will contribute $50,000 of Housing Set -Aside funds in conjunction with the CDBG housing rehabilitation activities in and around the Project Area; and WHEREAS, the South Tahoe Housing Authority will provide an in -kind contribution of staff time in conjunction with the CDBG housing rehabilitation activities_ NOW, THEREFORE, BE IT RESOLVED: By the City Council of the City of South Lake Tahoe as follows: Section 1. The City Council finds that, in conjunction with this CDBG application, the use of Redevelopment Set -Aside funds in or within one -half mile of the Project Area its a benefit to the Project Area 17� • �on 2- The City Council approves for submittal to the Housing and Community Development Department an application for funds of $500,000 for the purpose of. Housing Rehabilitation Program $254,000 (Al Tahoe, Stateline, Sierra Tract) First -Time Homebuyer Program (City-wide) $215,000 General Administration $30,000 Total CDBG Funding $500,000 Section 3. The City Council has reviewed the Citizen Participation Plan for compliance 40 with Federal and State statutes and has determined that this plan was followed for the development of this application. Section 4. The City Manager is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application. Section S. If the application is approved, the City Manager is authorized to enter into and sign the Grant Agreement and any subsequent amendments with the State of California for the purpose of this grans. • ® PASSED AND ADOPTED by the City Council at a regalar meeting this 6th day of April 2993, by the following vote: AYES: CouncilMemberS KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES: Councilmembers ABSENT: Coitncilmembers ATTEST: 1 110 �ja,44OX,� 18 City Clerk GELA PETERSON �O�TH y 19 65 t \•� aF�R e .7 0 L� City of South Lake Tahoe Resolution No. 1993- 27 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH LAKE TAHOE AND THE SOUTH LAKE TAHOE POLICE SUPERVISORS COMMITTEE WHEREAS, the City of South Lake Tahoe and the *South Lake Tahoe Police Supervisors Committee have met and conferred in good faith in accordance with the provisions of the Meyer -Milias -Brown Act of the California Government Cade; and WHEREAS, the South Lake Tahoe Police Supervisors Committee has ratified the attached for the period October 1, 1992 through September 301993, NOW THEREFORE IT IS HEREBY DETERMINED AND ORDERED THAT: This Council approves the Memorandum of Understanding between the City of South Lake Tahoe and the South Lake Tahoe Police Supervisors Committee, which is attached hereto and incorporated herein by reference as though fully set forth. PASSED AND ADOPTED by the City Council of the City of South Lake Taboe on April 20 31 1993 by the following vote: ATTEST: AYES: Councxlmembers KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES • MEWRANDU.%S OF UNDERSTR;:OI „C. BETWEEN THE CITY OF SOUTH LAKE TAHOE AND THE SOUT:i LACE TAHOE POLICE SUPERVISORS COMMITTEE FOR THE POLICE SUPERVISORS UNIT • iffJ9 For the Contract Period of October 1, 1992 through September 30, 1993 �J s TABLE OF CONTENTS Section Title Pa e 1 RECOGNITION 1 1.1 City Recognition 1.2 Association /Committee Recognition 1 2 LIMITATION OF EFFECT 1 3 HEALTH AND "WELFARE 2 3.1 Medical /Dental Plan 2 3.2 Vision Care and Life Insurance 2 3.3 PERS Retirement Program 2 3.4 Retired Medical Plan 2 3.5 Health Care Cost Containment Committee 2 3.6 Cash Payment /Annual Spousal Physical 3 Exam - Deductibles 4 SICK LEAVE 3 4.1 Pay Off of Unused Sick Leave 3 4.2 Other Pay for Sick Leave 3 4.3 Sick Leave Incentive 3 4.4 Donation of Sick Leave 4 iGRIEVANCES AND APPEALS FROM DISCIPLINARY 4 ACTION 5.1 Grievances - Attachment B 4 5.2 Disciplinary Action - Attachment C 4 6 CONCERTED ACTIVITIES S 7 HOLIDAYS 5 7.1 Official City Holidays 5 7.2 Floating Holidays 5 8 EMERGENCY ASSIGNMENTS 6 9 EDUCATIONAL INCENTIVE PAY 6 10 TUITION REIMBURSEMENT 6 11 SALARIES 6 11.1 Salary Ranges - Attachment A 6 i i .2 Eaployee's Share of PERS Costs 6 • • Section Title Page VACATION LEAVE 6 12.1 Entitlement to Take Vacation 6 12.2 Probationary Employees 6 12.3 Provisional and Temporary Employees 7 12.4 Computing Vacation 7 12.5 - Additional Vacation Accrual 7 12.6 Timing of Vacation 8 12.7 Pay for [mused Vacation 8 12.8 Holidays During Vacation 8 12.9 Vacation as Sick Leave 8 12.10 Partial Vacation 9 12.11 Requesting Vacation 9 12.12 Vacation Sell Back 9 i3 UNIFORMS 9 13.1 Uniform Allowance 9 13.2 Damaged Uniforms and Equipment 9 13.3 Safety Equipment 10 14 COMPENSATORY TIME OFF 11 15 RETIREMENT PLAN i1 15.1 Sworn Safety Members 11 15.2 Employee Paid Option 11 15.3 Service Retiree Benefits 12 PAY FOR CALL -BACK 12 16.1 Call -Back 12 16.2 Court Time 12 16.3 Range Time 12 17 EMPLOYEE RECOGNITION 12 18 JOB ACTIONS 12 19 ADMINISTRATIVE APPOINTMENT - DETECTIVE 12 SERGEANT 20 PERSONNEL ASSIGNMENTS 13 20.1 July 4th 13 20.2 Schdules for Supervisors /Support Division 13 20.3 Impact of Alternative Work Schedules 13 21 RESIDENCY /RESPONSE TIME 13 22 SMOKING RESTRICTIONS 13 23 PHYSICAL FITNESS PROGRAM 14 • Section Title Page General Program Structure 14 Physical Training Time 14 24 PATROL ROTATION PROGRAM 15 25 _ T REWRITING OF CURRENT MOU LANGUAGE 15 26 PAST MEMORANDUM 15 27 DURATION 16 23 SAVINGS PROVISION 16 ATTACHMENTS: A - Salary Schedules B - Grievance Procedure C - Disciplinary Appeals Procedure • C -0 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH LAKE TAHOE AND THE SOUTH LAKE TAHOE POLICE SUPERVISORS COMMITTEE POLICE SUPERVISORS UNIT, T~e Svutii Lake Tahoe Pohce Supervisors' Committee and representative of the City of South Lake Tahoe have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment of employees in the representation unit identified in Attachment A, have exchanged freely information, opinions, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and employer - employee relations of such employees. This Memorandum of Understanding is entered into pursuant to the Meyers- Milias- Brown Act (Government Code Sections 3500 -3510) and City of South Lake Tahoe Resolution No. 1977 -133 adopted July 19, 1977, and has been jointly prepared by the parties. • This Memorandum of Understanding shall be presented to the City Council of the City of South Lake Tahoe as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1, 1992 and ending September 30, 1993. During this period, the City and the Association agree to meet and discuss the results of the current Classification Compensation and the MSI Studies. SECTION 1, RECOGNITION 1.1 CiW Remnition - The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of South Lake Tahoe, hereinafter referred to as the `City', in employer- employee relations. 1.2 Association/Committee Recognition - The South Lake Tahoe Police Supervisors' Committee, hereinafter referred to as the 'Association/Committee', is the recognized employee organization for the Police Supervisors' UniL SECTION 2. LIMITATION OF EFFECT It is understood and agreed that the provisions of this Memorandum of Understanding are not binding upon either the City or the Committee and that Ow same constitute a recommendation to the South Lake Tahoe City Council. is In the event Itiat the City Council adopts, wwWiW amendment, said Mernorandurn. its terms shall become effective, except as otherwise provided, � � f� � � CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -1 RESOLUTION AUTHORIZING EXECUTION OF APPLICATION FOR FINANCIAL ASSISTANCE FROM THE STATE BOATING SAFETY AND ENFORCEMENT AID PROGRAM. WHEREAS, the City of South Lake Tahoe desires to continue its, boating safety and enforcement program to be funded in part from funds made available through Section 663.7 of the Harbors and Navigation Code. AND WHEREAS, the Chief of Police for the City of South Lake Tahoe, is authorized on its behalf to submit the attached application for financial aid to the State Department of Boating and Waterways and he is authorized to execute on behalf of South Lake Tahoe Police Department the attached application for a boating safety and enforcement program. NOW, THEREFORE, it is hereby determined that the City Council of the City of South Lake Tahoe does authorize execution of application for financial assistance from the State Boating Safety and Enforcement Aid Program. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a regular meeting on January 5, 1993 , by the following vote: AYES KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES ABSENT ATTEST: CITY SEAL s) T 19 65 CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 19 9 3_ 2 ACCEPTING WORK UNDER CONTRACT FOR INTERSECTION SIGNALIZATION AL TAHOE BLVD/JOHNSON BLVD PWC 1987-04, BID NO. 1992-15 AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION RESOLVED, by the City Council of the City of South Lake Tahoe, that: WHEREAS, the City Engineer has filed with the City Clerk the Engineers Certificate as to the completion of all work provided to be done under and pursuant to the Contract between the City and MAY -HAN ELECTRIC INC., dba M & M ELECTRIC, as Contractor, dated August 18, 1992, and; WHEREAS, it appears to the satisfaction of the Council that their work under said Contract has been fully completed and done as provided in said Contract and the plans and specifications therein referred to; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED: 1. That said work be, and it is hereby, accepted by the City of South Lake Tahoe and deemed completed according to the terms and conditions of said Contract. 2. That the City Engineer be, and hereby is, directed to execute Notice of • Completion of said works as required by law. 3. That the City Clerk be, and hereby is, directed to file for record with the County Recorder of the County of El Dorado, Notice of Completion of said works as required by law. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on January 5 ,1993, by the following votes: AYES: Counciimembers: KLEIN, COLE, OSTI, DAVIS & DU QUITE I FiUS1 WON' ATTEST: u RESOLUTION NO. 1993 -3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE APPROVING AN INSTALLMENT PURCHASE FINANCING TO BE UNDERTAKEN BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT BARTON MEMORIAL HOSPITAL Tuesday, January 5, 1993 WHEREAS, Barton Memorial Hospital, a California nonprofit public benefit corporation (the "Corporation "), has requested that the California Statewide Communities Development Authority (the "Issuer ") participate in an installment purchase financing (the "Financing ") for the Corporation's acute care hospital facilities (the "Facilities") located with }n the City of South Lake Tahoe (the "City"), to finance and refinance certain indebtedness and other obligations of the Corporation and the financing and refinancing of certain acquisition, construction, rehabilitation, remodeling and other capital projects with respect to the Facilities; WHEREAS, as part of the Financing, title to a portion of the Facilities will be transferred to the City and then immediately transferred by the City to the Issuer in accordance with Treasury ® Revenue Ruling No. 63 -20; WHEREAS, in connection with the Financing, the Issuer and the City will enter into an installment purchase agreement (the "Purchase Agreement ") under which the City will sell the Facilities to the Issuer and the Issuer will agree to make payments (the "Installment Payments ") to the City for the purchase thereof; WHEREAS, certificates of participation (the "Certificates ") in an aggregate principal amount not to exceed eighteen million dollars ($18,000,000), each representing a proportionate undivided interest in the Installment Payments, will be executed, delivered and sold in connection with the Financing; WHEREAS, pursuant to Section 147(f) of the internal Revenue Code of 1986 (the "Code ") the Financing and the issuance of the Purchase Agreement by the Issuer must be approved by the City because the Facilities are located within the territorial limits of the City; WHEREAS, the City Council of the City (the "Council ") is the elected legislative body of the City and is one of the applicable elected representatives required to approve the • W4416MA • • • Financing and the issuance of the Purchase Agreement under Section 147(f) of the Code; WHEREAS, the Issuer has requested that the Council' approve the Financing and the issuance, execution and delivery of the ]Purchase Agreement in order to satisfy the public approval requirement of Section 147(f) of the Code, and the requirements of Section 9 of the Amended and Restated Joint Exercise of Powers Agreement (the "Agreement"), dated as of June 1, 1988, among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the Council has, following notice duly given, held a public hearing regarding the Financing and the issuance of the Purchase Agreement, and now desires to approve the Financing and the issuance of the Purchase Agreement. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1. The Council hereby approves the Financing and the Purchase Agreement. The Mayor or his designee is hereby authorized and directed for and on behalf of the City, to execute and deliver the Purchase Agreement in substantially the form presented at this meeting, with such changes and insertions therein, as may be necessary to cause the same to carry out the intent of this resolution and as such member, with the advice of counsel to the City, may approve, such approval to be conclusively evidenced by the execution and delivery thereof. It is the purpose and intent of the Council that this resolution constitute approval of the Financing and the issuance of the Purchase Agreement (and the execution and delivery of the certificates of participation related thereto) for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Facilities are located, in accordance with said Section 147(f), and (b) Section 9 of the Agreement. 2. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby. 3. This resolution shall take effect immediately upon its passage. sa -U"A 2 PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe, State of California, the Sth day of January 1993 by the following vote: AYES: KLEIN, COLE, OSTI, DAVIS & DU QUITE NAYS: ABSENT: ATTEST: City Clerk 1 19 65 IF ) acs- sjoata 3 t L EXHIBIT A Pursuant to the provisions of the Joint Powers Act, comprising Article 1, Article 2, and Article 3 of Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the Government Code of the State of California (the "Act "), a number of California cities and counties entered into a joint exercise of powers agreement (the "Agreement ") pursuant to which the California Statewide Communities Development Authority (the "Authority ") was organized. The Authority is authorized by its Agreement to issue bonds, notes, or other evidences of indebtedness, or certificates of participation in leases or other agreements in order to promote economic development. The Authority is also authorized, by a resolution adopted March 21, 1991, to issue bonds, notes, or other evidences of indebtedness, or certificates of participation in leases or other agreements to finance or refinance health care ®facilities owned and operated by organizations described in Section 501(c)(3) of the Internal Revenue Code of 1986 and which are determined by the Authority to satisfy the criteria set forth in such resolution. • • CITY OF SOUTH LAKE TAHOE RE90UnION NO. 19 9 3 - 4 RESOLUTION RATIFYING EXECUTION OF JOINT POWERS AGREEMENT EL DORADO COUNTY - CITY OF PLACERVILLE - CITY OF SOUTH LAKE TAHOE AUTHORIZING EXCHANGE OF FUNDS UNDER THE PROVISIONS OF INTEMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) RESOLVED, by the City Council of the City of South Lake Tahoe, that: WHEREAS, the City of South Lake Tahoe, the City of Placerville, and the County of El Dorado have entered into a joint powers agreement to allow for exchange of fwwds in rdance with the Intermodal Surface Transportation Efficiency Act; and WHEREAS, the provisions of said Act require a resolution authorizing entry into such an agreement be adopted by the City Council; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED: Execution of that certain agreement between the City of South Lake Tahoe, the City of Placerville and the County of El Dorado concerning the Intermodal Surface Transportation Efficiency Act, dated for convenience December 14, 1992, is hereby ratified. ® PASSED AND ADOPTED lI the City Council of the City of South Lake Tahoe on Ja n u a ry i tf ,19 93 by the following votes: AYES: Councilmembers: KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES: Councilmembers: ABSENT: Councilmembers: ATTEST: City Clerk s S s� 19 1 65 ��IFflR1� • • • CITY OF SOUTH LAKE TAHOE RESOUNW N0. 1993-5 ACCEPTING WORK UNDER CONTRACT FOR TAHOE VALLEY EROSION CONTROL PROJECT PWC 1986 -06, BID NO. 1991 -21 AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLE'T`ION RESOLVED, by the City Council of the City of South Lake Tahoe, that: WHEREAS, the City Engineer has filed with the City Clerk the Engineers Certificate as to the completion of all worm provided to be done under and pursuant to the Contract between the City and Holman D. Pettibone, as Contractor, dated August 20, 1991, and; WHEREAS, it appears to the satisfaction of the Council that their work under said Contract has been fully completed and done as provided in said Contract and the plans and specifications therein referred to; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED: 1. That said work be, and it is hereby, accepted by the City of South Lake Tahoe and deemed completed according to the terms and conditions of said Contract. 2. That the City Engineer be, and hereby is, directed to execute Notice of Completion of said works as required by law. 3. That the City Clerk be, and hereby * directed to file for record with the County Recorder of the County of El Dorado, Notice of Completion of said works as required by law. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on January 19 ,19 -U, by the following votes: AYES: Councilmembers: KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES: Councilmembers: ABSENT: Councilmembers: A EST: t City Clerk i 1 0 CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 19936 APPROVING THE ADA PARATRANSIT PLAN UPDATE WHEREAS the City of South Lake Tahoe recognizes the contributions to our community and the vitality of persons with disabilities, and WHEREAS the City of South Lake Tahoe recognizes the need to make public transit accessible to all persons with handicaps or disabilities in such a manner as to allow the greaiest mobility for such persons, and WHEREAS paratransit services are a necessary component of the public transit system to provide mobility for persons unable to access existing fixed route transit, and WHEREAS a viable, continually updated paratransit plan exploring and addressing the needs of the handicapped community is imperative for the provision of greater mobility to the handicapped community, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of South Lake Tahoe, that the ADA Paratransit Plan 1993 update attached hereto is approved in full by this Council PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a regular meeting on January 19 , 1993, by the following vote: AYE&- KLEIN, COLE, ©STI, DAVIS & DU QUITE NOES: ATTEST: J FF l4zz ANG LA PETERSON CITY CLERK TH 4.?A3res i 19 b5 MAYOR CITY OF SOUTH LAKE TAHOE ® RESOLUTION NO. 1993-7 RESOLUTION APPROVING A REVISED CLAIM FOR STATE TRANSIT ASSISTANCE FUNDS • WHEREAS, California State Transit Assistance Funds are available through the Tahoe Regional Planning Agency, to transit operators throughout California, and WHEREAS, South Tahoe Area Ground Express has additional funding needs necessary for continued operation at existing service levels, and WHEREAS, the City of South Lake Tahoe, on behalf of STAGE, can request funding for those needs, WHEREAS, funds for capital expenditures previously approved by TRPA will not be utilized in the current fiscal year, and WHEREAS, those previously approved funds can be redirected to more urgent operating needs, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of South Lake Tahoe, that the claim for $32,172 is approved, and this body authorizes its submittal to TRPA. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a regular meeting on February 2 . 1993, by the fall owing vote: Aye KLEIN, COLE, OSTI, DAVIS b DU OUITE NOES: ATTEST: A RESOLUTION OF THE CITY OF SOUTH LAKE SUMMARILY VACATING THAT PORTION OF ROGER AVENUE WHICH LIES SOUTHWEST OF FIFTH STREET AS A ruBa,lC RIGHT-OF-WAY. WHEREAS, Section 8334 et seq. of the California Streets and Highways Code provides that any excess right -of -way not required for street or highway purposes may be summarily vacated by a local agency through adoption of a resolution; and WHEREAS, this resolution seeks abandonment of that portion of the Roger Avenue right -of -way which lies Southwest of Fifth Avenue which is currently unpaved and not utilized for public street purposes. More specifically, the right -of- way being vacated is described as follows. Lot 19, as said lot is shown on the official map of Tamarack Subdivision., filed in the office of the £1 Dorado County Recorder on February 13, 1945 in Map Book A, more particularly described as follows: Beginning at the most southerly corner of Lot 19 Tamarack Subdivision; thence, North 460 52' West, 186.44 feet; thence, leaving said property line along a tangent curve to the right with a central angle of 890 01' 00" and a radius of 20.00 feet; thence, along said curve a distance of 31..07 feet to a point, said point being a point of cusp; thence, South 42° 091 West, 19.55 feet to a point; thence, South 430 08' West, 40.00 feet to a point on the southwesterly right -of -way of Roger Avenue; thence, South 46° 52' East, 206.10 feet to the most easterly corner of Lot 18, Tamarack Subdivision; thence, North 43° 08' East, 40.00 feet TO THE POINT OF BEGINNING. (A parcel of land containing 8,330 square feet, more or less) A map depicting the real property described herein is attached hereto as Exhibit "A"; and • WHEREAS, the portion of street right -of -way herein described has not been utilized for public street purposes during the preceeding five years; and WHEREAS, the vacation of said street right -of -way shall be subject to the following reservation of public utility easement currently existing within the public right -of -way of Roger Avenue herein vacated: 1F1O . - = 05VIRAM six= "Excepting and reserving therefrom pursuant to the previsions of Section 8340 of the Streets and highways Code and for the benefit of the South Tahoe Public Utility District, the permanent easement and the right at any time or from time to time to construct, maintain, operate, replace, remove, and renew sanitary sewers, storm drains, water lines, and appurtenant structures, including access and the right to keep the property free from inflammable materials and wood growth, and otherwise protect. the same from all hazards, in, upon, over and across that portion of the Roger Avenue street right -of -way in the City of South Lake Tahoe to be abandoned. "; NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED THAT, upon adoption and subsequent recordation of this resolution, that portion of the Roger Avenue right -of -way herein described shall be deemed as having been vacated and will no longer constitute a public street_ PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on February 2 , 1993, by the following vote: AYES: Councilmembers KLEIN, COLE, OSTI, DAVIS & DU QUITE • 7T � N LO z 54Z°ocl' w Aq to 1� i LO E r 543Q(gl W 4o' f RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE APPROVING THE ISSUANCE BY THE SOUTH TAHOE JOINT POWERS FINANCING AUTHORITY OF NOT TO EXCEED $49,000,000 AGGREGATE PRINCIPAL AMOUNT OF REFUNDING REVENUE BONDS (SOUTH TAHOE REDEVELOPMENT PROJECT AREA NO. 1) 1993 SERIES A; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATE]) PROJECT LEASE; APPROVING THE ISSUANCE BY THE SOUTH TAHOE REDEVELOPMENT AGENCY OF NOT TO EXCEED $17,762,500 AGGREGATE PRINCIPAL AMOUNT OF REDEVELOPMENT PROJECT AREA NO. 1 TAX ALLOCATION BONDS, 1993 SERIES A; AND APPROVING THE FORMS AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST AND A REDEVELOPMENT AGREEMENT. WHEREAS, Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California authorizes and empowers local agencies to form a joint powers authority and Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Marks -Roos Local Bond Pooling Act of 1985 ") authorizes and empowers such an authority to issue bonds (as defined in the Marks -Roos Local Bond Pooling Act) for the purpose of financing public capital improvements, working capital; liability and other insurance needs, or projects whenever there are significant public benefits, as determined by the local agency; and WHEREAS, the City of South Lake Tahoe (the "City ") and ; the South Tahoe Redevelopment. Agency (the "Agency ") created and established, pursuant to the laws of the State of California, the -South Tahoe Joint Powers Financing Authority,- (the . "Authority") for the purpose of issuing bands to finance public capital a2 -WMA improvements, working capital, liability and other insurance needs or projects, including but not limited to the acquisition, installation and improvement of certain public improvements within the redevelopment project area of the Agency as shall be more fully described in the Project Lease hereinafter mentioned (the "Project "); and WHEREAS, the City has determined that it is desirable and furthers the public purpose and that there are significant public benefits to be derived from securing the assistance of the Authority in financing the Project in that the City and the Agency will benefit from demonstrable savings in the cost of financing the Project as a result of their participation in the Authority and the issuance of bonds by the Authority pursuant to the Marks -Roos Local Bond Pooling Act of 1985; and WHEREAS, in order to achieve such public purpose, the City desires to approve the Authority's issuance of not to exceed $49,000,000 in aggregate principal amount of the Authority's South Tahoe Joint Powers Financing Authority Refunding Revenue Bonds (South Lake Tahoe Redevelopment Project Area No. 1) 1993 Series A (the "Revenue Bonds "); and WHEREAS, there has been presented to this meeting a proposed form of Amended and Restated Project Lease, dated as of March 1, 1993 (the "Project Lease "), by and between the City and the Authority, pursuant to which the City will lease certain municipal properties of the City to be described in the Project Lease to the Authority and the Authority will lease and sublease the Project and such municipal properties to the City and the 0 City will agree to make rental payments to the Authority for the lease thereof; and WHEREAS, the Authority issued its Bond Anticipation Notes, 1989 Series A (the "1989 Notes ") to assist the Agency in financing the Project and; WHEREAS, under the Community Redevelopment Law, the Agency is empowered to issue tax allocation bonds to provide funds to aid in financing the Project; and WHEREAS, the City desires to approve the Agency's issuance of its Redevelopment Project Area No. 1 Tax Allocation Bonds, 1993 Series A in the aggregate principal amount of $17,762,500 (the "Tax Allocation Bonds") to refinance the 1989 Notes pursuant to an indenture of trust; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South Lake Tahoe as follows: Section 1. The City Council hereby finds and determines and confirms that the execution and delivery of the Joint Powers Agreement, dated January 3, 1989, between the City and the Agency and the consummation of the transactions contemplated therein and in this resolution shall result in significant public benefits to the City in that the City expects to benefit from demonstrable savings in costs related to .' financing the Project. Section 2. The City hereby approves the issuance of the Revenue Bonds by the Authority, in an aggregate principal amount not to exceed $49, 000, 000. s�uu�x K n Section 3. The Project Lease, in substantially the form on file with the City Clerk and incorporated by reference as if folly set forth herein, is hereby approved. The Mayor or City Manager or his delegate is hereby authorized to execute, and the City Clerk,is hereby authorized to attest, seal and deliver, the Project Lease, in substantially said form with such changes therein as shall be approved by the City Attorney and the Mayor or City Manager or his delegate executing the sane, with such execution to constitute conclusive evidence of such officers' or delegates' approval and the City's approval of any changes or revisions therein from the form of the Project Lease on file with the City Clerk; provided, that the scheduled base rental to be paid by the City thereunder (exclusive of additional rental and special base rental provided for therein) shall not exceed $2,500,000 in any year. Section 4. The City hereby approves the issuance of the Tax Allocation Bonds by the Agency. Section 5. The proposed forms of redevelopment agreement, dated as of March 1, 1993 by and between the Agency and the Authority, and the indenture of trust, dated as of March 1, 1993 by and between the Agency and Bank of America National Trust and Savings Association as trustee, on file with the City Clerk, are hereby approved. Section 6. This resolution shall take effect imsediately upon its adoption. • • C PASSED AND ADOPTED on February 9, 1993, by the following vote: AYES: KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES: ABSENT: . o Keith Klein Mayor of the City of L So th Lake Tahoe a� ,i { e� fi 5 -Af Angela Peterson Cit Clerk of the City of South Lake Tahoe Sn41753A CITY CLERKS 9ERTIFICATE I, Angela Peterson, City Clerk of the City of South Lake Tahoe, do hereby certify as follows: The foregoing resolution is a full, true and correct copy of a resolution duly adopted by a vote of a majority of the members of the City Council of the City of South Lake Tahoe at a special meeting of said Council duly and legally held at the City of South Lake Tahoe, California, on February 9, 1993, of which all of such members had due notice, as follows: AYES: KLEIN, COLE, OSTI, DAVIS & DU QUIT£ NOES: ABSENT: An agenda of said meeting was posted at least 72 hours ® before said meeting at 1900 Lake Tahoe B1.; South Lake,Tahoe, California 96150, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda. I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. M'2 -u7M.J ® Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. Dated: February 9, 1993. GL� Angela Peterson ity Clerk of the City of South Lake Tahoe [Seal) �SGu L q�� y 19 65 �� ��Cq, ��7-����� City of South Lake Tahoe . Resolution No. 1993-10 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SOUTHf ' -.,. LAKE TAHOE CITY FIREFIGHTERS ASSOCIATION WHEREAS, the city of South Lake Tahoe and the South Lake Tahoe City Firefighters Association have met and conferred in good faith in accordance with the provisions of the Meyer- Milias -Brown Act of the California Governm and ent Code; � .. WHEREAS, the South Lake Tahoe City Firefighters Association has ratified the Memorandum of Understanding for the Period October I, 1992 through September 30, 1993, NOW THEREFORE IT IS HEREBY DETERMINED AND ORDERED THAT: This Council approves the Memorandum of Understanding between the City of South Lake Tahoe and the South Lake Tahoe Firefighters Association, which is attached hereto and incorporated herein by reference as though fully set forth. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on February 1 6 1 199 by the follo wing vote_ AYES. Councilmembers KLEIN, OSTI, DAVIS & DU QUITE NOES Counalmembers ABSENT: Counalmembers COLE ayor ATTEST C Tff t ty ) i •_ ! 9 {� 65 Section TABLE OF CONTENTS Title Page 1 RECOGNITION 1 1.1 City Recognition 1 1.2 Association Recognition 1 2 LIMITATION OF EFFECT 1 3 HEALTH AND WELFARE 2 3.1 Plan Documents 2 3.2 Medical /Dental Plan 2 3.3 Vision Care and Life Insurance 2 3.4 Cash Payment /Medical Cost 2 3.5 Retired Medical Plan 2 3.6 Flexible Spending Accounts 3 4 SICK LEAVE 3 4.1 Accrual 3 4.2 Advance Sick Leave 3 4.3 Pay for Unused Sick Leave 3 4.4 Sick Leave Incentive 4 4.5 Donation of Sick Leave 4 5 GRIEVANCES - ATTACHMENT B 5 5 DISCIPLINARY ACTION - ATTACHMENT C 5 2 WORKING HOURS 5 7.1 Work Week Schedule 5 2.2 Holiday Routine 5 8 HOLIDAYS 6 8.1 Official City Holidays 6 8.2 Holiday In -Lieu Pay 6 8.3 Converting Holiday Pay to Leave 6 8.4 Floating Holidays 7 9 RECALL WHILE OFF DUTY 8 9.1 Work While Off Duty 8 10 MANDATORY PHYSICAL EXAMINATIONS 8 11 CODIFEBF.NCE TIME 8 • Section Title Page 12 TUITION REIMBURSEMENT 8 13 EDUCATION ATTAINMENT PAY 9 13.1 Associate of Arts Degree in Fire Science 9 13.2 Certificate in Fire Science 9 14 SALARIES 9 14.1 Salary Ranges 9 14.2 Employee's Share of PERS Costs 9 14.3 Overtime for Fire Safety Employees 9 15 VACATION LEAVE 10 15.1 Entitlement to Take Vacation 10 15.2 Accrual 10 15.3 Vacation Trades 10 15.4 Vacation Accural 11 15.5 Pay for Unused Vacation 13 15.6 Holidays During Vacation 11 15.7 Vacation as Sick Leave 11 15.8 Partial Vacation 12 15.9 Vacation Sell Back 12 16 USE OF COMPENSATORY TIME OFF 12 17 UNIFORMS 12 17.1 Uniform Allowance 12 17.2 Damaged Uniforms and Equipment 13 17.3 Class A Uniforms 13 17.4 Mechanic's Uniform 13 17.5 Mechanic -Type Coveralls 13 18 RETIREMENT PLAN 13 18.1 Safety Retirement Coverage 13 18.2 PERS Contract Amendment for Fire 14 18.3 Employee Paid Option 14 19 LONG PERM DISABILITY PLAN 14 20 ACTING POSITION RATE 15 21 RANK- FOR -RANK SHIFT TRADES 15 22 COMMITTEES 16 • s Section Title Page 23 DEPARTMENTAL HIRING REPRESENTATIVE 17 24 PROMOTIONAL EXAMINATIONS 17 25 MAINTENANCE OF SERVICES 17 26 GROOMING STANDARDS 17 27 FIRE MECHANIC 18 27.1 Representation 18 27.2 Retirement Designation 18 27.3 Possession of Certifications 18 28 EMPLOYEE RECOGNITION 18 29 EMERGENCY RESPONSE TIME 19 30 LAYOFFS /REDUCTION IN FORCE 19 31 SMOKING RESTRICTION 20 32 CABLE TELEVISION 20 33 NO STRIKE 20 34 MODIFICATION AND WAIVER 20 35 PAST PRACTICES 21 36 DURATION 21 37 PERSONNEL BIDDING FOR STATIONS 21 38 REWRITING OF CURRENT MOU LANGUAGE 22 ATTACHMENTS: A - Salary Schedules B - Grievance Procedure C - Disciplinary Appeals Procedure D - Emergency Response Time Map E - Addendum to 1989 -90 MOU F - Grooming Standards s ® MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH LAKE TAHOE _. ,. AND-THE ... SOUTH LAKE TAHOE FIREMEN'S ASSOCIATION The South Lake Tahoe Firemens' Association and representatives of the City of South Lake Tahoe have met and conferred in good faith regarding wages, hours, and ether terms a ^d c: mdAi ► ions of aspioyi—lient of employees in the representation unit identified in Attachment A, have exchanged freely information, opinions, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and employer - employee relations of such employees. This Memorandum of Understanding is entered into pursuant to the Meyers- Milias- Brown Act (Government CodeSections 3500 -3510) and City of South Lake Tahoe Resolution No. 1977 -133 adopted July 19, 1977, and has been jointly prepared by the parties. This Memorandum of Understanding shall be presented to the City Council of the City of South Lake Tahoe as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1, 1992, and ending September 30, 1993_ SECTION 1. RECOGNITION 1.1 City Recognition - The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of South Lake Tahoe, hereinafter referred to as the 'City", in employer- employee relations. 1.2 Association Recognition - The South Lake Tahoe Fire mens' Association, hereinafter referred to as the 'Association ", is the recognized employee organization for the Fire Employee Unit. SECTS 2. LI M I TATiON OF EFFECT It is understood and agreed that the provisions of this Memorandum of Understanding are not binding upon either the City or the Association and that the same constitute a recommendation to the South Lake Tahoe City Council. In the event that the City Council adopts` without anwxx ment, said Memwrandum, its terins shad be effective for the period October 1, 1992 through September 30, 1993, and shall be bmdmg on bath parties. The City and A.ssoc+a#ian agree to discuss the results of the current ciassi #anon and MSI studies and other issues #uV awy arise during this period. �..r�/ 1 •� I�Vt.V l.i,� 1 FILE No.: • 0 • SECTIQN 3.' HEALTH AND WELFARE Hospital Medical Dental Vision Care Plans for Employees and Their Denendenta 3.1 Employees covered by this agreement shall be eligible to receive the insurance benefits outlined below. The summary plan descriptions and/or formal plan documents for these benef� prograrx�� that are in p!3 at the time of adoption of this Memorandum of Understanding are available from the City Personnel Department and are hereby incorporated by reference into this agreement. 3.2 The City and Association agree that, unless otherwise agreed upon, the medical /dental plan benefits will continue for the term of this agreement. The City agrees to contribute the dollar amount necessary to fund the premium for employee only coverage and employee plus dependent coverage for the period October 1, 1992, through September 30, 1993. 3.3 The City agrees to continue to contribute the amount necessary for vision care and life insurance benefits for the duration of this agreement. Life Insurance coverage for employee shall be $25,000. 3.4 The City and Association agree that preventative treatment for employees and dependents is effective in reducing health plan costs. Accordingly employees will receive a cash payment of $200 per year for the purpose of financing annual physical examinations or other health treatment not covered by the Plan. The payment for wiN be made upon ratification of this Memorandum of Understanding. 3.5 Retired Medical Plan Employees who retire from City service shall be eligible to maintain membership in the City medical/dental plan by assuming the fallowing percentage of the established retiree premiums for employee only, employee and spouse, and employee and dependents: Years of Service vAM the City (from date of oersnanent ii•.vel -25 years or more -20 years or more -15 yeas or more -10 years or more N % of Retiree Premium Paid by Retiree 0% 259E 50% 750 Less than 10 years 100% Coverage shall continue indefinitely, however, the City health plan shall - beoome-a secondary plan to medicare at the time the retiree is eligible for the,t - Medicare program. - Employees leaving City service after 20 years regardless of age will be eligible for City retirement benefits upon receiving PEAS benefits after 50 years of age. Eligibility for medicalldental benefits will be contingent upon the individual meeting Pre-existing conditions in effect at the time the individual becomes covered under insurance pla. ^.. 3.6 Flexible Spending Accounts The City agrees that during the life of this MOU, the City will survey all City employees regarding their interest in a Flexible Spending Account program at the City. The information from the survey will be included in the determination as to whether the City will pursue a program of Flexible Spending Accounts. SECTION 4. SICK LEAVE 4.1 Fire personnel assigned to fifty -six (56) hour work weeks with three platoons, using 24 -hour shifts, shall accrue sick leave at the rate of 12.0 hours per month for each month or full -4ime service except that at the end of the first month of employment, a Fire employee shall receive 24 hours of sick leave. At the end of the sixth month, the employee shall receive no sick leave for that month so that at the end of the first six months the total sick leave accumulated shall be equal to that presently provided by the City. Personnel assigned to forty (40) hour work weeks shall accrue sick leave at the rate of eight (8) hours per month_ 4.2 Each member of the Fire Department shall have the right to use 24 hours of sick leave in advance of the accrual of the right to such leave, but only if such member has used all accrued sick leave and, further provided, that said advanced sick leave shall be subtracted from future sick leave accrued. 4.3 Pay for Unused Sick Leave - Unused sick leave may be accumulated to a maximum of one hundred (300) days, except as other wise provided in this section, and payment for portions of acctxnuWed buf urwsed sick leave will orgy be made in accord with this section: a) Active EmDk vees - The balances in the PERS service credit as of May 24, 1991 will remain in the IS ant and wd be reputed So PERS upon retirement. No future accrual in the separate sick leave amt vall take place. 3 ® b) Sick PSIyQut - Employees exceeding 100 days of accrued sick leave will receive a bi- annual -payment equivalent to 100% for the sick leave hours in excess of 100 days. f- C) Retiring Personnel - Any permanent employee retiring from City service shall receive, in addition to all other retirement benefits, an amount equivalent to 100 %of accumulated sick leave, maximum accumulation (100) days, earned during service with the City, which has not been used. d) Termination After Ten (10) Years - Any employee retiring fromCity service after ten (10) years of satisfactory service, from the base anniversary date, shall receive, in addition to all other eligible payments, an amount equivalent to one -half (1/2) of the accumulated sick leave, maximum accumulation one hundred (100) days, earned during service with the City which has not been used_ e) Personnel Who Die While In Active Service - The estate of any permanent employee who dies while in active service shall be paid an amount equivalent to three- fourths (3!4) of the accumulated sick leave such employee has earned during service with the ® City, maximum accumulation one hundred (100) days,_ which has not been used until the date of death. Payment made in behalf of the deceased pursuant to this section shall be paid to any person (s) so designated in writing by the employee or heirs of the employee. Such statement must be filed with the Personnel Officer. 4.4 Sick Leave Incentive - In the event an employee covered by the Memorandum of Understanding uses zero (0) sick leave hours during preceeding calendar year, said employee shall receive a full shift o:f with pay. Said shift off to be scheduled in accord with the convenience of the Department provided that such shift off may be approved, in advance, consistent with established policies. If an employee's use of sick leave during calendar year does not exceed one futl shift, said employee shall be granted one -half (1/2) of a shift off with pay. Said time -od shall be scheduled in accordance with the convenience of the departUnent and may be approved, in advance, consistent with established pok*m- For employees whose sick leave use exceeds that of one shift, no bonus time -off is granted. Time off will be accounted as floater leave. 4.5 Dunatien of Sick Leave - Unit employees shall be allowed to donate up W twee (12) Hours max ""m of sick leave or vacation to other Fire Department Fm4goyees wthm the Fire or Safety Management Units who have experienced a serious illness of in,Eury which is not covered fuliyr by City paid time or • knurance. The employee who is in need of donated sick tune must have exhausted A compensatory tune, sick leave, and vacation tune before other 4 employees may make donations. Donation of sick leave or vacation will be iavailable only to individuals who are absent from work for periods in excess of two (2) shifts (or five (5) days for those of forty (40) hours per week schedules) and who have not exhausted their paid time -off through repeated unrelated illness or injuries which were not of a serious nature. Maximum donation of sick leave or vacation shall be twelve (12) fours per incident per donating employee. The final determination as to the recipient's eligibility for donated sick leave time shall be made by the Fire Chief. Any donated hours that remain in the recipient's bank after return to work from the Qualifying incident, shall ho rnrnraic rl hn.Ck to the indivdual donor's sick leave or vacation accounts. SECTION 5. GRIEVANCES 5.1 Grievances will be processed in accordance with Attachment "B`. SECTION 6. DISC1Pt-INARY ACTION 6.1 Disciplinary actions will be processed in accordance with Attachment 'C`. SECTION 7. WORKING HOURS ® 7.1 The normal work schedule for all Firefighter. Fire Engineer, and Fire Captain positions covered by this agreement shall consist of three (3), twenty -four (24) hour shifts within each nine (9) day work cycle, totaling an average workweek of fifty -six (56) hours. It is understood that nonemergency work assignments shall normally be scheduled from 8 a -m. to 5 p.m. during each twenty -four (24) hour shift, but that changes may be made to this schedule to accommodate unusual training, inspection, or other operational needs as determined by the Fire Chief. The normal work schedule for the Fire Mechanic position shall consist of forty (40) hours within a seven (7) day work period. It is further agreed that in the event an employee is medically restricted from performing his/her regular duties; the Fire Chief may direct the employee to perform light duty assigrwnents as approved by a physician. Said light duty assignments must be consistent with the medical restrictions specified by the physician and may involve a schedule other than that set forth in this section. 72 Holiday Routine - A special 'Oholliday work routine' shall be designated for the shifts which fall on New Years Day, Thanksgiving Day, and Christmas Day. Holiday routine is ider,ed as reWrrQ only necessary duties to be performed, and allowing family visits aM shared meals at the station. ft is understood, however. that family visits and shared meals must be sdreduled so that services ito the comrrwnity are not affected, and necessary duties are to be performed by 5 C .7 • the crews`- Necessary duties would normally include stations househoid.duties, equipment preparation and maintenance, and emergency responses, but company officers and the chief officer on duty that day will retain the authority to determine what duties are necessary. • Every effort will be made to assure that family visits and shared meals may. occur when planned. Holidays other than the 'Holiday Routine' holidays specified above are considered regular workdays with normal duties and activities performed. On those holidays, engine companies will remain in the stations, except special nonroutine operational needs. Compay officers and chief officer on duty that day wifi raisin the authority to determine when nonroutine duties are necessary. SECTION B. HOLIDAYS 8.1 Official City Holidays: a) January i b) February 12 C) The third Monday in February d) The last Monday in May e) July 4 I) The first Monday in September g) The second Monday in October h) Veterans Day ij Thanksgiving Day )� The Friday immediately following Thanksgiving Day k) December 24 from 12:00 noon until closing Q December 25 82 Personnel assigned to positions which must be manned each day of the week are not granted official City Holidays as days off with pay_ In lieu thereof, they shall receive one (3) days pay (11.2 hours) for each official City Holiday. These additional days pay shall be paid over twenty -six (26) pay periods in the year and shaft be in addition to other regular compensation. t 8.3 Personnel assigned to positions which must be staffed each day of the week and who are not granted official City Holidays as days off with pay, tray, in lieu of receiving one days pay (11-2 haws) for each official City holiday, reduce the number of holliday pay hours by seventy-two (72) or by aft holiday hours and have said hours added to their bostang holiday balarxm Said leave shall be taken off in accordance with the convenience of the Departrn" and may be scheduled and approved sixty (60) days m advance when a does not confka with scheduled vacations, mandatory Craning that can not be made up and moben anticipated stating for the shaft is sufficient. When an employee chooses So convert 72 holiday hours, the remaining hours of holiday pay shall be paid 6 over, twenty -six (26) pay.periiods in the year and shall be in addition to other ® regular compensation. Employees electing to reduce the amount of holiday pay they receive and add the seventy-two (72) hours to their compensated leave balance, shall make a one time, unrevokable choice by February 1, of each. year. 8.4 FloatimQ Holidayi - In addition to the fixed holidays specified above, employees shall be granted floating holiday hours on January 1, of each year as follows: Firefighters, Engineers - Thirty (30) hours per Year and CaDtains . Fire Mechanic - Forty two (42) hours per Year In addition to the hours specified above, it is agreed that an additonal 12 hours will be added to floater holiday. It is further agreed that the additional 12 hours is effective only until December 31, 1993 at which time total floating holidays will return to the hours specied above. New employees shall be granted floating holidays on a monthly prorated basis. Floating holidays may only be taken with the prior approval of the employee's Department head or his/her designated representative. Employees will be iallowed to take floating holiday time in lieu of or in conjunction with approved vacation leave. • Employees must use all floating holiday hours within the contracted year earned. Any floating holiday hours remaining on the books on December 31 of each year shall be forfeited with no payment- Any floating holiday hours remaining on the books on an employee's termination date shall also be forfeited with no payment- No employee who has made a reasonable request to use his/her accrued floating holiday time and has been denied such use, shall lose the accrued time requested_ Under the service awards section of the Employee Recognition Program, Asso6atim Members shall be granted floater time in the following amounts: After 10 Years Service - 11.2 hours added to their and After 15 Years Service floating holiday balance After 20 Years Service - 16-8 hours added to their and After 25 Years Service floating holiday balance 7 SECTION 9. RECALL WHILE, DUTY 9. Employees assigned to work while off duty shall be paid at a rate of one and one -half (1 -112 times the regular rate of pay and for the duration of the incident or a minimum of three (3) hours at the discretion of the employee. City- required appearances in court are subject to the provisions of this Section. SECTION 10. MANDATORY PHYSICAL EXAMINATIONS Within budgetary limitations, physical examinations shall be provided to all new employees and then to those employees who have not had a City provided examination for the longest period of time. SECTION 11. CONFERENCE TIME A total of 144 hours relief from duty in any one fiscal year may be used for the purpos of attendance at labor relations conferences and for Association business. The Association must give notice of intent to attend a labor relations conference at least one month in advance of the conference, and must give notice of intent to conduct Association business at least ten calendar days prior to the Association business. Meet and Confer wil not be considered in any of the above calculations. Department approval of attendance to the conference or Association business will be based on manning requirements of the Department_ At the end of the calendar year a maximum of 36 hours of the 144 hours may be carried over to the fokwing year. It attendance at a labor relations conference is granted, then denied, the City shall reimburse the Association for any cancellation costs incurred. Approval or disapproval wig occur within 5 working days of request_ SECTION 12. TOTLON REIMBURSEMENT The City shall pay the cost of tuition and books for up to four (4) job- related classes of fo� study per Year, provided Ve cost of said classes is no mme than normal to tion experises at the most local college -Level institutions (Lem, Uruversity of Nevada -Reno and Sacramento State] Job- related courses sib include any classes tatter: coward an AA. BS, or Masters degree in Fire Scieice, Busirim Administration„ or Public ration_ The eligibility of #* course for tuition reirnbursernent must be approved by the City prior to the 93 enrollment of the employee and the employee must successfully pass the course to receive the tuition reimbursement. SECTION 13. EDUCATION ATTAINMENT PAY .: 13.1 Fire employees covered by this Memorandum of Understanding who possess an Associate of Arts degree in Fire Science shall receive a 2% increase in base pay upon verification by the City. 13.2 Fire Employees covered by this Memorandum of Understanding who possess a Certificate in Fire S-ience frwo an accredited community college will be eligible to receive a 1% increase in base pay upon verification by the City. SECTION 14. SALARIES 14.1 The City and the Association agree that the salary ranges for all employees in this bargaining unit shall be in accordance with the attached salary schedule (Atiachment A). Said salary schedule shall be effective October 1, 1991. 14.2 The City agrees to continue payment of the employee's regular share of the contribution to the Public Employees' Retirement System on behalf of the employee. For safety employees covered by this Memorandum of Understanding, this would amount to 100.0% of the 9.0% employee contribution, and for nonsafety employees covered by this Memorandum of Understanding, this would amount to 100.0% of the7.0% employee contribution. City payment of employee contributions under this section would not include payment of the employee's contribution for benefits under Section 20862.8. The City and Association agree that the increase in the City's contribution rate for this benefit wig continue to be paid by the employee, not by the City. Said payment to be made through the normal payroll process. 4 -3 Overtime for Fire Safety EmD_1P_yees - It was agreed that a twenty -seven (27) day work cycle was established for Fire Safety Employees under the Fair Labor Standards Act. It was also agreed that paid leave time would not count as hours worked for purposes of the 204 hours Fair Labor Standards Act limit. However, it was agreed that all hours paid over the 216 hours regularly scheduled during that 27 day cycle would be paid at tune and one -half (112). Fair Labor Standards Act overtime would not be paid until the first pay day after the end of the payperiod after the end of each 27 day cycle. Employees may, however. upon written request, receive advances in non -FLSA payperiods of the basic non-FLSA overtime horns worked during that payperiod. Such advances shall be knked loo a minimum of ten (10) or crime overtime hours worked in one paypenod. Overtime compensation is earned at one and one- tog (1 -112) times the regu lar hourly rate. E • • • �omuen._LQry Time - With prior authorization from the appointing authority, employees may elect to reserve up to r hundred eighty 080) hous compensatory time in lieu of direct pay for overtime. Earned rate shall be at time and one -half (1/2). Any-overtime worked after the one hundred eighty (180) hour limit has been reached shall be paid at the applicable overtime rate.- � -- Employees required to attend meetings during off duty hours will accrue compensatory time rather than claim overtime until December 31, 1993. Compensatory time shall be taken in accordance with the procedures set forth in the City's Personnel Rules and Regulations or this Memorandum of Understanding. SECTION 15 VACATION LEAVE 15.1 Entitlement to Take Vacation - All permanent employees shall be entitled to take vacation leave with pay. Vacation may be taken following completion of six months service in a permanent position. 15.2 .AQrual - Employees covered by this agreement shall accrue vacation leave each payperiod in relation to their years of continuous service in a permanent - status position as follows: Years of Service Accumulated Vacation per Year at 56 hrs/wk at 40 hrs/wk First five (5) years 144 hours 80 hours Beginning of the 6th year 168 hours 120 hours Beginning of the 11th year 224 hours 160 hours Beginning of the 15th year 236 hours 168 hours Beginning of the 18th year 248 hours 176 hours Beginning of the 21 st year 271.2 hours 192 hours Regular status, part -time employees shall accrue vacation on a proration of the schedule above, based on the ratio of their budgeted workweek to full -time status. Employees shall not accrue vacation leave for any time spent on unpaid leave of absence. 15-3 Vacation Trades - The time when an employee may take vacation shall be- determined by tW Depadmerst Head with due regard for the wishes of the emPloyee and Pear regard tb the needs of the service. Should a second employee wish to schedule a vacabon during a period when another employee already has an approved vacation, said empioyee may be allowed to do so provided. however. 9" arrange for another employee, on a rank - for -rank basis io work in their place. The second employee of from work on vacation shaft 10 receive their regular vacation pay and have their vacation balance reduced for ® the hours away from work. The employee working for the second employee shall not be paid for the hours wonted, but instead shall receive a transfer of .vacatiion hours-equal to the number of hours worked. - 15.4 Vacation Accrual --An employee may elect to take all or part of earned vacation or may carry over to the next service year all or part of earned vacation as approved by the Department Head. If the requirements of the service are such that an employee cannot take part or all of the annual vacation in a particular year, such vacation should be taken during the next following twelve (12) months, at the discretion of the De^ rumiei nt � Head. The total number .of vacation- hours which may be accrued at any time during a calendar year shall not be limited provided, however, that the total number of vacation hours which the employee shall be entitled to carry over from one calendar year to the next, if he/she so desires, shall be limited to 450 for 56 hours per week employees and 240 for 40 hours per week employees. This limitation shall be imposed on the last day of the first full payperiod of the calendar year. Nothing in this section shall be deemed to allow any employee to be paid for any accrued vacation which is in excess of the 450 or 240 hour carry-over limitation. Every employee shall be encouraged to take vacation every year and may be required by the Department to take sufficient vacation to keep their vacation balance under the 450 or 240 hour limitation. Should an employee refuse to schedule, or once • scheduled, decide not to take vacation so that their vacation accumulation will exceed 450 or 246 hours as of the last day of the first payperiod in a calendar year. said employee shall have their vacation balance reduced to the 450 or 240 hour limitation and shall not be paid for hours in excess of that maximum. Should the Department refuse to allow an employee to take vacation, and said employee's vacation balance exceeds 450 or 240 hours by the last day of the first payperiod in a calendar year, said employee wilt be paid the equivalent of earned vacation over the 450 or 240 hours limitation which cannot be taken. No person shall cake a vacation in excess of thirty (30) consecutive working days. 15.5 Ply for Unused Vacation - Upon termination from employment with the City every permanent or probationary employee who has served the City six (6) months or more shall be paid for all unused vacation earned prior to said termination date. Payment for unused vacation shall be determined by the rate of pay for the position upon the date of termination. 15.6 liday5 During Vacation - In the event one or more holidays fall with an employee's aru iai vacation leave, such holiday shall be aged as vacation leave if it falls on a regularly scheduled shit day_ 15.7 Vacation as Sick leave - A permanent employee or probationary employee employed for a period kxW than six (6) r uxUhs may use vacation leave upon She exhaustion of accrued sick leave and compensatory time, where applicable. I3 15.8 Partial Vacation - Employees may use earned vacation time in increments of less than one stuff, subject to the approval of the appointing authority. 15.9 Vacation Sell Back - Employees may elect to sell back to the City up to: - seventy -two (72) hours for those on fifty -six (56) hour workweeks, and -forty (40) hours for those on forty (40) hour workweeks of accrued, but unused, vacation per calendar year. The employee will be compensated for such solo vacation hours at the salary rate in effect for that employee at the time the hours are returned to the City. The minimum number of hours that can be returned at any one time is: - twenty -four (24) hours for those on fifty -six (56) hour workweeks, or -ten (10) hours for those on forty (40) hour workweeks. SECTION 16. SCHEDULING TIME OFF Compensatory time -off, vacation and floater leave must be scheduled in accordance with Department policy, and may be approved for a greater than 24 hour period, with 5 days advance notice. Approval for periods of 24 hours or less may be granted with prior approval. When anticipated staffing is 10 or less, approval for use of time oft will be withheld until such time as staffing of the shift is assured (conditional time off)_ The City and Association also agree that scheduling time may allow more than one person to be off on vacation at a time, provided that minimum staffing is maintained, and the time off policy does not provide for two people to obtain advance approval to be off on vacation. SECTION 17. UNIFORMS 17.1 Uniform Allowance - Unuorrn allowances are hereby authorized for employees required to wear standardized ckAhing in the performance of assigned duties. Said undoan allowance to be used to provide al items of standardized ckXhing, vx*s sing safety equgxnera, such as boots and pants, which are identified in the Uniform Specificcat+cxis Section. All empbyees are expected to present Mernselves for duty at the start of each std with the required uniform in good corxUwr& Torn or damaged uniforms or those showing excessive wear wiU not be considered in good condition- When an employee presents himself for duty 12 • in a. uniform that is not in good conditiprt, said employee shall not be paid until such time as he/she present himself for duty in a uniform in good condition. When a dispute exists between an employee and their supervisor over whether or not a unifoan its -in good condition, a chief .officer shall make the final.. _ . determination. Nothing in this section- shalt be construed to require an employee to provide turnout boots, turnout pants, turnout coat, turnout helmet, and turnout gloves. The employees eligible for uniform allowance and the authorized rates of compensation for such allowances are as follows: Firefighters Fire Engineers Fire Captains • - • 99 •- • $550.00 per year $550.00 per year $550.00 per year Payment of all uniform allowances shall be made semiannually. 17.2 Damaged Uniforms and Epuipment - Uniforms and required equipment for Fire Department Employees, if damaged in the line of duty and not due to the negligence or willful misconduct of the member concerned, will, be replaced by the City. Such damaged uniforms or, equipment will be turned in by the member_ concerned to his/her immediate supervisor with a written request for replacement. The request shall briefly state the facts and circumstances which caused the uniform or equipment to be damaged. 17.3 Class A Uniforms - The City and Association agree that for employees hired on or after January 1. 1982, the City will provide the employee a Class A dress uriforin in accordance with Fire Department policy. 17.4 Mechanic's Uniform - The City and Association agree that the City shall continue to provide the necessary uniform for the Fire Mechanic including safety shoes or boots- 17-5 Mechanic -Type Coveralls - The City agrees to provide mechanic -type coveralls for use by department persomel when conducting "long checks'. Said mechanic -type coveralls to be provided as follows: Station #1 Station #2 Station #3 One coverall per week Two coveralls per week One coverall per week �jf&TiON 18_ RETIREMENT PLAN I&I The City agrees to continue safety employees coverage in the Public 13 Employees' Retirement System (PERS), Plan B for. Safety Employees covered by the Memorandum of Understanding. Plan B is defined as an unmodified Safety Plan (2% at 50. 1959 Survivor Benefits and Post - Survivo( Benefits). Contributions to-the retirement. plan by-the employee and the City shall be in accordance with the rules and regulations of the Public Employees' Retirement System and with the provisions of this Memorandum of Understanding. 18.2 The City agrees to continue to provide, under its contract with the Public Employees' Retirement System. benefits under Government Code Section 20862.8 for Safety Employees covered by this Memorandum of Understanding. The City and Associat v.i agree that iii tncrG «sc in contribution rates which result from this Mange in benefits wig- continue to be paid by the safety employee covered by this Memorandum of Understanding. 18.3 Those employees covered by this Memorandum of Understanding who are within three (3) years of retirement wil have the option, so long as the City continues to pay the employee contribution on behalf of the employee to PERS, of having the City continue to pay the employee's contribution or of paying the employee contribution himself and receiving an increase in pay so that the cost to the City does not increase. Should an employee elect the option of paying their won PERS contribution, they would receive an increase in pay of approximately 7.0 %. ® SECTION 19. LONG TERM DISABILITY PLAN a)' The City agrees to continue contributing $10.00 per month, per employee, toward those premiums to be paid for a long term disability plan. bj The employer shall make additional advanced disability pension payments to a member who is approved for disability retirement if the following occurs. 1 j If temporary disability benefits paid to the employee under Labor Code 4850 expire and the disability pension payments are not received by the employee. the Employer shall make additional advanced disability pension payments to the employee. The payments shall be no less than 50 percent of the estimated highest annual compensation earnable by the member during 36 mouths immediately preceeding the effective date of his or her disability rei remerA. unless the employee chooses an optional settlement in the perr imum t disabaifity retirement application process wtrich vxxdd reduce the pension aliowance below 50%, In the case where the membees; choice lowers the disability pension al oownace below 54M the advanced disability pension payments shall be set at an amount equal to the disaWity pension s allowance. 14 2) Advanced disability Pension � Pen � payments shall not be considered salary under provision of law. .3) All advanced disability pension payments made herein b employer shall be reimbursed by the employee upon receipt of retroactive retirement benefits from the retirement system. 4) the advanced disability pension payments under this section can only be make when the employee has exhausted all sick {cave pay imn ants. CTiON 20 ACTING POSITION RATE Any qualified person temporarily assigned by the department to work in higher level' position shag be paid the difference between his/her normal rate pay and the rate of pay set for the higher level position as if the of Promoted to the position a p person were temporarily assigned shall no! receive a base salary less than the person received by the people bei'She may su the base salary assignment to higher level positions wip!! be ications things temporary on an existing eligible list for the higher level position, completion of cent f Caton or other training requirement set by the department, determination by department head or hisiher designee that th assigned is qualified. e person - Persons who are not qualified wi1 not be assigned to higher level positions. The City reserves the right to designate and assign qualified persons level positions, including assigrwnents involving shift change However, when 4 is known or anticipated that a temporary assignment to a higher level However, when would involve a shift change of six (6) consecutive shifts or less, every effort tw I be made to designate Leone on the same shit. When more than six (6) shifts are involved, employees on the promotional list u"ift have the right to transfer from another shift to work in the vacant position, in order of their placement on the list. SECTION � s H,� � K FpR RANK SHIFT TRADES It shall be generally understood and agreed that all shift trades shall be on a rank- for -rank basis. Such trades shall audiorizatm of the Fire Chief. This rule W continue to be subject to the shift trades may be arranged � �� contrary notwithstanding, such an emer >� a rank -far -rank basis in the event of ar other extraordinary Grcurns ances subject to the discretion of the Fire Chi The ate described rule shall • six ls) hours or less. not apply for a period of tune of +gyp to three (3) shy s of � Fire ��erg wil be permitted to trade dance wits the provisions of Pommy Number 519 15 (dated January 23, 198.6)., Shift trades in excess of three (3) shifts will require written approval of the Fire Chief. It is agreed that 'rank -for -rank` shift trades shall include: .. 1. Two employees of the same rank trading shift assignments within that same rank; 2. Two employees of different ranks trading shifts when the lower rank employee is on the eligibility list for the rank of the higher level employee. 3. Two employees of different ranks trading a particular shift for which the lower rank employee has been assigned by management to work at the higher rank in an acting capacity. In situations #2 and #3 above, it is required that the "pay -back" of the trade must occur when both individuals are assigned to the same rank, or through the use of vacation time pay - backs. SECTION 22. COMMITTEES A. Health Care Cost Containment Committee The City and the Association agree to participate in a City -wide Health Care Cost Containment Committee to study the current benefit levels and cost distributions of the medical/dental plan and develop recommendations for reducing and/or sharing costs. It is further agreed that the Committee shall review the effectiveness of the current medical and sick leave incentive programs and the advisability of prorating benefits for part-time employees. The Committee shall consist of one representative from each City bargaining unit and two representatives from City management. Association or City consultants shah be avowed to sit -in on meetings as appropriate_ The Committee's recommendations shall be presented to the City Council and all employee associations for consideration - Any proposed changes in the medical plan shall be brought back to a meet and confer process at the conclusion of the Committee's deliberations. B. Revisions to the City Personnel Rules The City and Association agree to participate in a *ct management, labor committee which will convene to review and revise the City's Personnel Rules. The c mun#tee shall of one representative from each City bargaining unit and two represeruatiyes from City management. Association or CAy consultants strait be allowed to slit -in on meetings as appropriate. • The corrunittee's recoa mendations sW be forwarded to each bargaining unit kor prior to their presentation to the City Council. The City 16 • • acknowledges the Association's right to meet and confer on any issue_ s addressed by the rules revisions that concern the wages, hours, and working conditions of their members. SECTION 23. DEPARTMENTAL HIRING REPRESENTATIVE The City and Association agree that a representative from the department will serve as one member of the interview board for Firefighter oral interviews. SECTION 24. PROMOTIONAL EXAMINATIONS - POSTING TIME PROMOTIONAL EXAMINATIONS A. Posting Time - The City and the Association agree that the application filing period for all Fire Engineer and Fire Captain promotional recruitments shall be no less than four (4) weeks in length. 8_ Length of Promotional Lists - The City and the Association agree that recruitment announcements for all Fire Engineer and Fire Captain promotional selection processes shall include a statement specifying the length of time that the resulting eligibility list shall be maintained. C_ Use of Existing Promotional Lists - if an active promotional eligibility list is in existence on the date a position in either the Fire Engineer or Fire Captain classes becomes vacant and the City determines that the position should be Wled on a promotional basis, then the City agrees to make an appointment from the existing list for that classification. SECTION 25. MAINTENANCE OF SERVICES The City agrees to continue to provide existing linen and laundry service and station house cleaning services during the term of this agreement. The City also agrees to continue to maintain, repair, and replace, when necessary, the dishwasher. conventional range/oven. and refrigerator currently in place at each of the three stations. The City further agrees to include within its maintenance. repair, and replacement responsibilities the microwave cooking equipment in place at each of the three stations, provided such equipment becomes the property of the City. The City and Association further agree that should damage occur to the items covered by this section, through abuse or negligence, the individual employee or employees responsible for such damage shall be obligated to reuW)urse the City for the cost or replacement or repair_ "TION 26. GAOO —MUSIG STANDARDS 17 It. is understood by both parties that no changes will be made to the Fire Department's current administrative policy regarding grooming standards (dated August, 1986) unless the City notifies the Association of any proposed changes. and provides an opportunity to meet and confer regarding the impact of such changes. SECTION 27. FIRE MECHANIC 27.1 The City and Association agree that for the purpose of representation during meet and confer, the position of Fire Mechanic will be included in the Fire Employees' Unit. The City and Association also agree that the position of Fire Mechanic is not considered a safety member for retirement or any other purposes. 27.2 The Fire Mechanic position shall be covered by the City's nonsafety contract with the Public Employees' Retirement System (PERS). 27.3 The City and Association agree that the employee occupying the classification of Fire Mechanic who possesses the following National Institute for Automotive Service Excellence Certifications: Automobile Service Series Engine Repair, Automotive Transmission/Transaxle, Manual Drive Train and Axles, Front End, Brakes, Electrical Systems, Heating and Air Conditioning, Engine Performance; Heavy -Duty Truck Series Gasoline Engines, Diesel Engines, Drive Train, Brakes, Suspension and Steering, Electrical Systems; Body Res air - Painting and Refinishing Series Body Repair, and Painting and Refinishing shall receive five dollars ($5.00) per month, per certificate, in addition to his/her regular rate of pay, upon verification by the City that the employee possesses a valid certificate - The City further agrees to reimburse said employee, after successful completion of the test(s), the registration fee and certification test fee for those tests taken after January 1, 1985. The City and Association also agree that the employee occupying the classification of Fire Mechanic who possesses a Bureau of Automotive Repair Class A Lamp Adjuster License, Class A or B Brake Adjuster License, Class A Motor Vehicle Pollution Control (smog) Installer License, or obtains a Qualification Certificate for doing smog work under the California Smog Check Program shall receive five dollars ($5 -00) per month per license in addition, to their regular rate of pay, upon verification by the City that the employee possesses a valid license. The City further agrees to reimburse said employee, after successful completion of the test(s), the application/license fee for those ficenses received after January 1, 1985. The City and Association agree that a Task Force comprised of a representative • from each recognized bargaining unit and representation from management wifl 1a be. foamed io review and recommend to the City Manager appropriate methods of eOhancing employee mognitiom It is further agreed that as part of its r; discussions the Task Force will also consider the question of recognizing ! employees for off -duty time spent on City wide committees and task forces. SECTION 29 EMERGENCY RESPON5E TIME The City and Association agree that all Association members (except the Fire Mechanic) may reside only within the following boundaries indicated below and >.. , on the attached M tta . Minden/Gardnerv+tie Carson City On Highway 395 as far south as Topaz Dayton Mark leeville/Woodsford East of Carson Pass Western Boundary of Strawberry and East South of snow gate at Emerald Bay i ..Western and Northern Boundary of Tahoe City and East SECTION 30 LAYOFFS/REDUCTION IN FORCE f\ Whenever the C' _ the employee holdin su�,necessary to abolish any ` Council has determined that id is position or employment, _ 9 position or employment may be laid off or demoted without disciplinary action and without right of appeal. In determining whicia employee in the unit covered by this Memorandum of Understanding would be laid off first, total City seniority from initial appointment to a permanent position would be determined with the employee having the least seniority placed first on the list of employees to be laid oft If, after the required number of employees have been laid off, it is necessary to demote and displace other employees to equalize the number of remaining employees with the number of positions allocated at each, level, seniority within the class wifl be utilized to determine which em ployee is to be demoted first. Said employee(s) may be demoted io any pos the City in which he/she previously held permanent status or to any class in which he/she meets the r>*i mum qualifications. in order to demote to the lower-class, the employee must have more total City Seniority than at least one of the incwnbents. If an eaVioyee has e " pr vausly held pe :nsanerI status sn the to which the employee is demoted, such em - _ ____ PloI+� shad not be required to serve a probabonary POrivd- FmPIOYe retreat to a lower . n9 _ _ .: class shah be placed at the salary step of the class representing the feast loss of pay_ In no event shad Me salary be mcreased above that received in the class from which >he 19 Employees laid off or demoted in accordance with this section shall have their names placed on a reemployment list for the class or classes laid off .or reduced from in the reverse order of their layoff or reduction. Such list shall be used by the appointing authority to fill vacancies which occur for up to three years following the layoff or reduction. SKTION 31 SMOKING RESTRICTION The City and the Association agree that those employees hired on or after January t. 1983 will, as a condition of employment, be prohibited from smoking tobacco products of any kind. It is also agreed that should a covered employee violate this section, they will be subject to appropriate disciplinary action up to and including discharge_ It is further agreed that any current employee who smokes tobacco products or who hereafter starts smoking tobacco products will be prohibited from smoking in accordance with the appropriate General Order and, in addition. in any location inside the Fire Stations where it is not specificalty allowed by Department order. Failure to comply with this section will be good cause for disciplinary action and will subject the employee to appropriate disciplinary action up to and including discharge. SECTION 32 CABLE TELEVISION The City agrees to include in it's 1993 negotiations with the television cable provider the issue of providing movie channels in City fire stations. SECTION 33 NO STRIKE The Association, its members and representatives, agree that they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of wo.1c, curtaiknent of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or to perform customary duties; and neither the Association or any representatives thereof shall engage in job action for the purpose of effecting changes in the dhrectives or decisions of management of the City, nor to effect a change of personnel or operatbns or management or of employees not covered by this Menuxandrua of Understanding_ No agreement. akerawM understanding, variation, waiver, or modification of 20 i r � F i •� � � �� -. be. formed to review and recommend to the City Manager appropriate method 01:W hanCm em s r9 . Pbyee recogniii�on. It is further agreed that as past of its<< discussions the Task Force will also consider the question of recognizing employees for off -duty time spent on City wide committees and task forces. SE TI N _ E RAF RGEN Y RE NSE TIME The City and Association agree that all Association members (except the Fire Mechanic) may reside only within the following boundaries indicated below and on the attached Map (attaChmt 'Q') n Minden/Gardnervitle Carson City On Highway 395 as far south as Topaz ; Dayton Ma rk leevillp- Moodsford East of Carson Pass Western Boundary of Strawberry and East South of snow gate at Emerald Bay Western and Northern Boundary of Tahoe City and East SECTION 30 LAY OFFS/ REDUCTION IN FORCE Whenever the City Council cil has determined that Jit is necessary to abolish an position or employment, the employee holding such position or employment may be laid off or demoted without disciplinary action and without right of , appeal. In determining which employee in the unit covered by this Memorandum of Understanding would be raid off first, total City seniority from initial appointment to a permanent position would be determined with the employee having the least. seniority placed first on the list of employees to be laid off. If, after the required number of em bees have been laid off, it is necessary to demote and displace other employees to equalize the number of remaining employees with the number of positions albcated at each Level, seniority within the class wig be utilized to determ ine which_ employee is to be demoted first_ Said employees) may be demoted to any Y position ? in the City in which he/she Previou sly held permanent status or to any class in which helshe meets the m -nunum qualif;icatkw-& ,, In order to demote to the lower - class, the employee must have amore total C,ty Seniority than at ,least one of the irxxambeag& i# an employee has pre '"oiuslY held permarser4 status in the Gass to which #> , #e �. errmployee is demoted, such employee shall not be required to serve a prey period- Employees retreating to a tower Mass shall be placed at the salary step of the lass representing the least loss of pay. In no event shaft the salary be increased above that received in the class from which the i9 Employees laid off or demoted in accordance with this section shall have their names placed on a reemployment list for the class or classes laid off or reduced from in the reverse order of their layoff or reduction. Such list shall be used by the appointing authority to fill vacancies which occur for up to three year„ following the layoff or reduction. ECTION 31. SMOKING RESTRICT] The City and the Association agree that those employees hired on or after January i, "1 983 will, as a (.a rdfitt ri of employment, be f viii s,moki. tobacco products of any kind. It is also agreed that should a covered employee violate this section, they will be subject to appropriate disciplinary action up to and including discharge. It is further agreed that any current employee who smokes tobacco products or who hereafter starts smoking tobacco products will be prohibited from smoking in accordance with the appropriate General Order and, in addition. in any location inside the Fire Stations where it is not specifically allowed by Department order. Failure to comply with this section will be good cause for disciplinary action and will subject the employee to appropriate disciplinary action up to and including discharge. The Association, As members and representatives, agree that they will not engage m. authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or to perform customary duties; and neither the Association or any representatives thereof shaft engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations or management or of employees not covered by this Meawandum of Understanding_ any of the terms or provisions contained herein shall in any manner be binding ® upon the parties hereto, unless made and executed in writing by a!I parties hereto, and if required, approved by the City and ratified by the membership of . the Association... .. .. , ,. SEQTION 35 PAST PRACTICES The City and Association agree that those benefits and „practices not specifically. amended by the Memorandum of Understanding will not be changed until and unless the Association and City have met and conferred prior to any change. = • _. a • • This Memorandum of Understanding shall be effective October 1, 1992, except for those provisions of the Memorandum of Understanding which have been assigned other effective dates as hereinabove set forth and shall remain in force and effect to and including the thirtieth (30) day of September, 1993, and shall continue thereafter from year to year unless at least sixty (60) days prior to the first day of October, 3993 or to the first day of October any subsequent year, either party shall file written notice with the other of its desire to amend, modify, or terminate this Memorandum of Understanding. ® SECTION 37 PERSONNEL BIDDING R STATIONS The City agrees that Policy #515, Personnel Bidding for Stations, will be . modified to reflect that seniority within rank will be used to allow Fire Safety Employees to choose their station assignment, provided that no one may stay at a station for more than three (3) years, that firefighters not yet at step five (5) will rotate annually, and further provided that the Chief has the right to deviate from this policy for the proper operation of the Department. It is also agreed that less senior firefighters may be required to rotate stations more frequently than every three (3) years in order for nonstep five {5) firefighters to be able to rotate annually. Seniority station assignment (station bidding) will be conducted once each year at a time determn wl by the Department but prior to the first of December. It is further agreed that the following provisions shall be incorporated into the revised pokey on personnel bidding: POLICY. M order for DepatUrnent personnel to be familiar with their area of the City, equipment, and Fire Management Zone Area, it is necessary to bid for stations and shifts 0 PROCEDURES; . 21 1- The bidding will start in October and be completed by November. 2. Captains bid first, based nin seniority. - 3. Engineers bid second, based on senkx4y. _4. Firemen. bid last, based.pn.seniority. _ 5. The Ct�tief reserves the right to deviate from this policy; for the proper . . operation of the Department. 6. New employees to (1 year) each of three stations before seniority bid. ECTION 38 REWRITING OF CURRENT MOU LANGUAGE The City and Association agree to continue to meet and confer in order to reach agreement on rewriting the curreru Memoranda Of understanding language for greater clarity and comprehensiveness. It is understood that the intent of the rewriting is to document and clarify, not to change, the existing policies and practices. Changes may be made it agreed to by both parties, but any change not agreed to or any differences in interpretation will be referred to the meet and conifer process for next year's contract. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this i /--� day of 1993. SOUTH LAKE TAHOE FIREMEN' AS TION - CITY OF SOUTH LAKE TAHOE BY DY M. • a F� r � 1 .+ � 1. `j I� " • n City of South Lake Tahoe Resolution No. 2993- > .APPROVING A MEMORANDUM OF- UNDERSTANDING WITH THE SOUTH LAKE TAHOE ADMINISTRATIVE AND CONFIDENTIAL ASSOCIATION WHEREAS, the city of South Lake Tahoe and the South Lake Tahoe Administrative and Confidential Association have met and conferred in good faith in accordance with the provisions of the Meyer -Milias -Brown Act of the California Government Code; and WHEREAS, the South Lake Tahoe Administrative and Confidential Association has ratified the Memorandum of Understanding for the Period October 1, 1992 through September 30, 1993, NOW THEREFORE IT IS HEREBY DETERMINED AND ORDERED THAT: This Council approves the Memorandum of Understanding between the City of South Lake Tahoe and the South Lake Tahoe Administrative and Confidential Association; which is attached hereto and incorporated herein by reference as though fully set forth. PASSED AND ADOPTED by the City Council of the City of South Lake Tape on February 16 ,1993 by the following vote: AYES: CounCilmembers KLEIN, OSTI, DAVIS & DU QUITE NOES Coundimembers ABSENT: Coun©imembers COLE f � r a Mayor A T: City Clerk Tri 19 65 .q� ��0 0 • • TABLE OF CO[i MTS Article Section Title Page l GENERAL PROVISIONS 1.1 Preamble 1 1.2 Recognition 1 1.3 Management Rights 1 1.4 Association Representation and Communication 1 1.5 Past Practices 2 1.6 Concerted Activities 3 1.7 Modifications and Waivers 3 1.8 Savings Provision 3 1.9 Revisions to the City Personnel Rules 3 2 PAY RATES AND PRACTICES 2.1 Work Hours 4 2.2 Overtime 4 2.3 Call -Back Assignments 5 2.4 Acting Pay 5 2.5 Salaries 5 3 PAID LEAVES 3.1 Holidays 6 3.2 Vacation 7 3.3 Sick Leave 9 3.4 Donated Sick Leave Bank 10 3.6 Scheduling of Vacation, Floating Holidays, and Comp Time Off i2 3.7 Drivers License Renewals 12 4 BENEFITS 4.1 Insurance Benefits 12 4.2 Health Care Cost Containment 13 4.3 Retirement Benefits 14 4.4 Employee Assistance Program 15 4.5 Employee Wellness and Physicals 15 4.6 Mileage Allowance And Reimbursement 16 4.7 Uniforms 16 4.8 Employee Training 16 5 DISCIPLINARY APPEALS PROCEDURE 5.1 Application i7 5.2 Definition 17 5.3 Representation /No Reprisal 17 5.4 Time Limits 18 5.5 Pre - Action Procedure is 5.6 Post - Action Appeal 19 6.1 Application 21 6.2 Definition 21 6.3 Representation /No Reprisal 21 6.4 Time Limits 22 6.5 Procedures 22 7 LAYOFFS 7.1 Order of Layoffs 25 7.2 Layoff List Computation 25 7.3 DeMotio: a ^3 Displacement i., Lieu of Layoff 26 7.4 Re- employment After Layoff 26 • • 0 MtMUNANUUM Ut- UNUtHZ:i 1 ANUINU UE I WEEN T HE CITY OF SOUTH LAKE TAHOE _ AND THE. _ .. ADMINISTRATIVE AND CONFIDENTIAL UNIT Article 1. GENERAL PR Vl 1 N 1-1. - PREAMBLE This Memorandum of Understanding is entered into by the City of South Lake Tahoe = . (thereinafter referred to as the City) and the South Lake Tahoe City Adminisirative and Confidential' Employee's Association, (herein referred to as the Association) after having met and conferred in good faith regarding wages, hours, and terms and conditions of employment of those employees in the representation unit identified in Attachments A and B. It is the intent of the parties to set forth herein their entire agreement resulting from such discussions. Upon ratification by the City Council and t;Iie Association membership, this Memorandum of Understanding is binding under Government Code sections 3500- 3510 (the Meyers- Mjiias -Brown Act) for the period commencing October 1, 1992 and ending September 30, 1993. During this period, the City and the Association agree to meet and discuss the results of the Current Classification Compensation and the MSI Studies. Section 1.2 - RECOGNITION The City recognizes the South Lake Tahoe City Administrative and Confidential Employees Association, as the exclusive bargaining agent for the purposes of establishing wages, hours and terms and conditions of employment, for all permanent status employees in the current classifications shown on Attachments A and B. Section 1.3 - MANAGEMENT RIGHTS The Association acknowledges the City's rights and responsibilities as delineated in the currerY Sections 17 -4 of the City Personnel Rules and all applicable state and municipal laws; except both parties acknowledge the responsibility to meet and confer on any impact such actions may have on the wages, hours and terms and conditions of ernnployees covered by this Memcxandurn of Understanding. Section 1-4 - ASSMIATION REPRESENTATION AND COMMUNICATION City employees who are official representatives of recognized employee organizations shat be giro reasonable W ne off with pay to attend meetings with managemernt representatives, or to be present at hearings where matters within the scope of 1 representation are being considered. -The use of official time for'ihis purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City. Except by mutual agreement between the the Association and the City, the number of employees excused for such purposes shall not exceed three (3) from the bargaining unit. Such employee representatives shall submit a written request for excused absence to their respective Department Heads, with an information copy to the Personnel Director, at least two working days prior to the scheduled meeting whenever possible_ in addition, the City agrees that a total of twenty -four (24) hours in any calendar year may be used by Association members for the purpose of attendance at labor relations conferences. This time is a combined total for the Association and not a separate block of time for each.sub- group. Cs, s City departments which have employees in these bargaining units shall grant the association reasonable access to space on available bulletin boards for communications regarding official organization business, such as times and places of meetings. This privilege must not interfere with the needs of the department and may • be revoked in the event -of abuse_ C. Association Access to Employees The City agrees that for purposes of representation on issues covered by this agreement, official representatives of the Association may meet with unit employees on City faciities during working hours, provided that prior notification has been given to the appropriate supervisor. The Association agrees that such meetings shall not interfere with the normal work duties of the employees. Soliccitiation for membership in the Association or other internal association business not directly connected to administration of this agreement shall be conducted during the non -work hours of aU employees involved. City facilities may be made available for use by City employees or the Associaiton in accordance with such adminisualive procedures as may be established by the City Manager or Department Heads concerned. lion 1 -5 - PAST PRACTICES The City and Associali n agree that those policies and practices affecting the wages. Mows, or working txanddions of employees in this urA not specifically amended by this MemoranO un of Understanding will not be changed until and unless the Association and GRy have met and conferred prior to any change - 2 Section 1.6 - C NCERTED'ACTIVITIE it is'agreed and understood that there will_be no strike, work stoppage, stow - down, +. piicketirq, or refusal or failure to fully and faithfully perform job functions and responsibilities or other interference with the operations of the City by the Association of by its officers, agents, or members during the term of this agreement, including the recognition of picket fines or additional compliance with the request of other labor organizations to engage in such activity. The Association recognizes the duty and obligation of its representatives to comply with the provisions of this agreement and to make every effort toward encouraging all employees to do so. In the event of a strike, work stoppage, slow -down, or other interference with the operations of the City by employees who are represented by the Association, the Association agrees in good faith to take all necessary steps to cause those employees to cease such action. It is agreed and understood that any employee violating this article may be subject to discipline up to and including termination by the City. Section 1.7 - MODIFICATiQNS AND WAIVERS ® No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained in this agreement shall in any manner be binding upon the parties to the agreement, unless made and executed in writing by all parties involved, and it required, approved by the City Council and ratified by the membership of the Association. mss_ • : ••• f It any provisions of this agreement are held to be contrary to law by a court of competent jurisdiction, such provisions will not be deemed valid and existing except to the extent permitted by law. Those provisions declared invalid shall be deemed severable from this agreement, but all other provisions will continue in full force and etsam Section 3.9 - REVISIQNS TO THE CITY PERSONNEL RULES The City and Association agree to participate in a joint managemenu labor committee which Convened in the Spring of 3989 to review and cewide the Citys Personnel Rules. The Corruniuee shall consW of one representative from each City bargaining un>d and two representatives from City Management.. Association or City consultants shall be mowed to sit-in on meetings as appropriate. . The Corrunitiee's recommendations staid be forwarded to each bargaining unit for consideration prior to their presentation to the City Council. 3 ARTICLE 2. PAY RATES AND PRACTICES Section 2.1 • WORK HERS Unless othenvise specified by the City, the standard work week for employees in full- time positions shall consist of forty (40) hours during each seven (7) day work period, as work periods are defined by the City. Section 2.OVr -D -rKAIZ- This provision shall apply only to those employees designated as "confidential" as shown on Attachment A A Definition/Armioval Overtime is defined as all management authorized hours worked in excess of forty (40) hours on paid status per workweek- Time spent in voluntary training is not considered time worked for the purposes of overtime calculation- Permission to work overtime must be granted by the employee's department head or his/her designated representative. No overtime, except emergencies, may be authorized unless sufficient funds have been budgeted for that purpose- B_ Payment Overtime over one - quarter of an hour shah be paid at the rate of one and one -half (1 1/2) times the employees regular rate as defined by the Fair Labor Standards Act, or may, at the request of the employee and with prior approval from the department head or his/her designated representative. be converted to compensatory time of; at the rate of one and one -half (1 1/2) times the hours worked. C Accrued Compensatory Time When elected, compensatory time eamed shall be accrued at the end of each workweek, based on the total number of overtime hours in the workweek - Compensatory time earned within one workweek cannot be used withirk that same workweek. Com;XW saUwy time of# shall not be allowed to accumulate beyond a maximum of eighty (O} hours at any given time- Once a maximum of eighty (80) hours of compensatory tine has beenpaccrued, all additional hours of overtime worked shall be paid at the overtime rate- ` VVhen an e:mpioyee separates from City service, he/she shall receive payment for any 4 unused -compensatory time on the books at that lime. Such payment will be made at the employee's rate of pay at the time of separation. Spglion 2.3 - CALL -BAQK A ! NMENTS - This provision shall appty only to those employees designated as "confidential" as shown on Attachment A. Employees who are called back to work on an unscheduled emergency basis at a time outside their regularly assigned work shift shall receive a minimum of three (3) hours pay at the overtime rate as provided in gie overture section of this IMIOU. Section 2.4 - ACTING PAY Employees may be assigned by management to temporarij� assume some or all of the duties of a position which is vacant due to a temporary absence or termination of the incumbent. Additional compensation shall be given for such assignments when the following provisions have been met- a. The assignment is made in writing by the Department Head or his/her designated representative. b. The employee is assigned to perform a significant majority of the duties of a • budgeted vacant position in a higher paid classification. c- The duties of the higher class are as to and performed by the designated employee for more than fifteen (15) consecutive working days. Employees who perform the duties of a higher classification under the above provisions, shat! receive "acting' pay beginning on or retroactive to the first day of the assignment. Acting pay shall be live perceru (5 %) moue than the employee's salary in the present classification, or the first step of the higher classification's pay range, whichever is greater- In no case shall the employee receive a salary greater than the top step of the salary range of the hgeher classification. Acting pay shall apply to any overtime worked in the higher classification (when eligible), but shall nat apply to any paid leave taken during the acting assignmeru. Work assignments shall not be changed for the sole purpose of evading the regmerrmuvi ol providing ac" pay to an employee who would otherwise be eligible. Section 2.5 - SALAMES The City and the Association agree that the salary ranges for all classifications in this 5 • • bargaining unit shall be-in-accordance with the attached.salary schedules (see Exhibits C and D). ART ---IQLE 3. PAID LEAVES, Section 3.1 - HOLIDAYS Eight (8) hours of paid leave shall be granted to all eligible employees for each of the lokwing days: New Years Day Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Day After Thanksgiving Christmas Eve , Christmas Day January i February 12 Third Monday in February Last Monday in May July 4 First Monday in September Second Monday in October November I I Fourth Thursday in November Fourth Friday in November December 24 December 25' Regular status, part-time employee shall be paid for fixed holidays on a pro- rated basis, given the ratio of their budgeted work schedule to full -time status_ 'For 3993 only the Christmas holiday will be observed on December 27, 1993 B Holiday Observance For employees whose regular work schedule is Monday through Friday, holidays which fall on a Saturday stW be observed on the preceding Friday, and holidays which fall on a Sunday shag be observed on the foWwing Monday - For employees whose regularly scheduled day off falls on a fixed holiday, the number Of holiday hours norrrrally earned on that day shall be converted to 'floating" holidays to be used in accordance with that provision as shown below. When Christmas Eve fails on a Friday* Saturday, or Sunday, eight hours of holiday shaJi not be observed on that day. but shat! be converted to eight (8) hours of 'floating" holidays io be used in accordance with filial provision as shown below. 6 C. Holiday Elioibility r - To qualify for holiday pay, an employee must be on paid status on his/her last regularly scheduled workday immediately preceding the holiday-and on his/her first regularly scheduled work day immediately following the holiday. Fixed holidays which occur while an employee is on paid vacation or sick leave shall be charged to holiday hours and not the employee's vacation or sick leave balance. D. Holidays Worked - This provision shall apply only to those employees designated as 'confidential' as shown on Attachment A Employees who work on any fixed holiday at the direction of their department head or his/her designated representative shall be paid, or at the request of the employee given compensatory time off, at the overtime rate for the number of hours worked and, in addition, shall receive his/her regular holiday pay. E. Floating Holiday In addition to the fixed holidays specified above, employees shall be granted sixty -four (64) hours of floating holidays on January i of each year. New employees shall be granted floating holidays on a monthly pro -rated basis. Floating holidays may only be taken with the prior approval of the employee's department head or his/her designated representative ki accordance with the 'scheduling of leave time' section below. Employees must use all floating holiday hours within the contract year earned Any Bating holidays hours remaining on the books on December 31 of'each year shall be forfeited with no payment. Any floating holiday hours remaining on the books on an employee's termination date shall also be forfeited with no payment. Section 3.2 - VACATION A- Accrual Employees covered by this agreement shall accrue vacation leave each payp►eriod in relation to their years of continuous service in a permanent - status position as follows: Years of Service First five (5) years • Begin" of the sixth (6M) year Beginning of the eleventh (11 th) year 7 Accumulated Vacation Der Year 60 hours (2 weeks) 120 hours (3 weeks) 160 hours (4 weeks) U Beginning of the fifteenth (15th) year . 168 hours (4 weeks,. 1 day) Beginning of the eighteenth (18th) year 176 hours (4 weeks, 2 days) Beginning of the twenty -first (21 st) year 200 hours (5 weeks) Regular status, part -time employees shalt accrue vacation on a proration of the , schedule above, based on the ratio of their budgeted workweek to full -time status. Employees shall not accrue vacation leave for any time spent on unpaid leave of absence. B. Maximum V ion . Accrual The total number of accrued vacation hours which may be carried over for an employee from one calendar year to the next shall be limited to the hours equivalent of thirty (30) working days or six (6) workweeks. Any accrued vacation over this maximum shall be forfeited at the end of the calendar year with no payment. This limitation shall' be imposed on the last day of the first full pay period of the calendar year C. Use and Scheduling of Vacation Employees may begin to use accrued vacation leave after completion of six (6) months of service in a permanant- status position. Vacation leave may be taken in increments of less than one day with the approval of the department head or designated representative. Vacation requests should be made, whenever *possible, a minimum of ten (10) working days prior to start of the vacation leave to permit proper planning of staff needs and work assignments- Requests shall be made in accordance with the procedures established by the department head or his/her designated representative. AD other Provisions of the current City Personnel Rules regarding vacation leave (included in section 12 -1) shall continue to apply. D. Vacation Sep Back Employees may elect to sell back to the City up to sixty (60) fours of accrued, but unused, vacation per calendar year when the following provisions have been met: I- the employee has used a mum of forty (40) hours of accrued vacation during the twelve (12) amths immediately preceding the selling of hours; and 2_ the employee wN have no less than sixty (60) hours of accrued vacation remaining aft& the selling of bma-& The enMAoyee wits be compensated for such sold vacation tours at the salary rate in effect for that employee at the lime the hours are returned to the City. 8 The minimum number of hours that -can be soli to the City at any one time for its cash equivalent is ten (10) hours_ E_ Additional Vacation Accrual The City and Association agree that employees covered by this MOU may elect to accrue either forty (40) or eighty (80) additional hours of vaction per year provided, however, that any employee who so elects this additional accrual will take a reduction in Nay equivalent to tie additional hours accrued. This additional accrual must -be accomplished over a twelve (12) month period of time, and additional hours pur- chased will be credited to the employee's vacation balance each payperiod as follows: 40 hours purchased= 1.54 hours vacation accrual each payperiod 80 hours purchased = 3.08 hours vacation accrual each payperiod Section 3.3 - SICK LEAVE A. Accrual Rate Regular status, full -time employees shall accrue sick leave'at the rate of eight (8) hours per month. Regular status, part-time employees shall accrue sick leave on a pro -rated basis. given the ratio of the budgeted workweek to full -time status- B. Eligibility Requirements Employees shall begin to accumulate sick leave as of the date of their employment into a permanent- status position, and shall be eligible to use sick leave once they have accrued sufficient leave hours. Sick leave shall be allowed only in the event of the employees's personal illness, medical appointment or physical disability, or the Wness, disabjity or death of a family member which requires their personal attendance, as defined in current section 12 -2 of the Personnel Rules. Employees shall not accrue suck leave for any time spent on unpaid leave of absence. z AL , iN Payment for portions of accumulated but unused sick leave will be made as follows: Men an employee has accumulated over eight hurxk d (800) tours of unused sick leave. he/she std receive a bi- annual paymew equivalent to one hundred percent of the number of accrued hours in excess of eight hundred (8+00). 9 ® The separate sick leave acount used at retirement to pay medical /dental premiums is eliminated. Also eluninated are the separate sick leave account balances for each employee as of the -date of implementation of this MOU. For the purposes of -the lotlowing section, a - retired employee, is defined as an employee who retires under the provistons of the Public Employees Retirement System. 2. Retired wea Employees retiring from City service shall receive a payment equivalent to one hundred percent of the employee's unused sick leave balance on record on the date of retirement_ 3. EmeICD) , s Terminating Alter Ten (10) Years Service Any employee leaving City service after ten (10) years of service shall receive a payment equivalent to one -half (112) of the employee's unused sick leave balance on record on the date of termination. For the purposes of this payment, service shall be calculated from. the date of original appointment to a permanent - status position. This provision shall not apply to employees who are terminated for cause. 4. Employees Who Die While in Active Service The estate of any employee who dies white in active service with the City shall be paid an amount equivalent to one - hundred per cent (100%) of the employee's unused sick leave balance on record on the date of death. Payment made on behalf of the deceased employee under this provision shall be paid to any person so designated in writing by the employee or the heirs of the employee and filed with the Personnel Office. For the purpose of this section, the amount equivalent to accumulated sick leave balances shall be determined by applying the employee's current rate of pay at the Lime of the payment for unused sick leave_ Section 3.4 - DONATED SICK LEAVE SANK The Personnel DePart xmg shaA estabfish and maintain a sick leave bank to facilitate the voltm"y coMiibution of sick leave hours to employees who have experienced a serious illness or inpq and need additional paid leave. 10 Employees may elect. to donate a portion of their accrued, sick leave hours.to a sick leave bank. Employees wishing to donate sick leave hours will submit a signed merno to the Personnel Department stating the number of hours they desire to donate to the sick leave- bank. The Personnel Department shall deduct the specified number of -- hours from the employees accrued sick leave and credit the sick leave bank with the' same number of hours. Once an employee has donated sick leave hours the e,npioyee cannot retrieve those hours except as provided below. B. Requests for Hours Employees who neerr additional sick leave as a result of a serious illness or injury occuring to themselves or to family members such that they would be.eligible to use a=ued sick leave may submit to the Personnel Department a request for sick leave hours from the sick leave bank subject to the following criteria: 1. The employee shad have utilized all of his/her accrued paid time off; 2. The employee shall have applied for any disability payments such as Long Term Disability or State Disability insurance to ti.,hich he/she may be entitled; 3. The employee shall have been absent from work for ten (10) or more working days as a result of the qualifying injury or illness except that new probationary _employees may be eligible after after five (5) working days; 4. That any grant of hours from the sick leave bank when combined with other benefits shall not enable the employee to collect more than. 100% of the pay he/she was receiving prior to the illness or injury, 5. Only such hours as are available in the sick leave bank may be granted to an employee; 6. If more than one request is pending at the same time and not enough hours are available in the sick leave bank to meet both requests the Sick Leave Bank Com;Utee shall determine how the available hours are distributed; 7. All questions of eligibility shall be decided by the Sick Leave Bank Committee and all decisions by the Committee shall be final. C_ Sick Leave Bank Committee There is hereby estabkshed a Sick Leave Sank Committee. The Committee shall be composed of one representative from each bargaining unit electing to participate in the sick leave bank program. The Committee shy annually elect one member to chair committee meetings, receive correspondence, and call such meetings of the Committee as may be necessary. The Qxn mitlee may establish such additional rules as they deem necessary but shall n(A alter the basic provssiUrlS set toM herein. Once during each fiscal year, as established by the City. the CommMee shall report to each unit participating in the Committee on: t. All donabons to the Sick Leave Bank; 11 2. All requests to use sick leave hours from the Sack Leave Bank and the disposition of such requests: 3. The number of hours remaining in the Sick Leave Bank. The Sick Leave Committee shall review each request for hours from the Sick Leave - Bank and determine eligibility based on the criteria established above. Section 3.6 - SCHEDULING OF VACATION FLOATING HOLIDAYS AND COMPENSATORY TIME OFF Departments shall attempt to accommodate employees requests for time off and shall not unreasonably deny such requests. In approving such requests, consideration shall be given to both the wishes of the employee and the needs of the City seRrice. Employees shall request time off in advance and the department head or his/her designated representative shall notify the employee as soon as possible of his/her approval or denial. No employee who has made a reasonable requested) to use his/her accrued time and has been denied such use, shall lose the accrued time requested. Section 3.7 - DRIVERS LICENSE RENEWALS A. Time -off The City agrees that employees who are required as a condition of continued employment (as indicated in the job specification) to maintain a valid California Class . . A or B driver's license shall be granted up to two (2) hours paid time off for the purpose of completing the required medical and Department of Motor Vehicle written exams_ B. Medical Exams The City agrees to reimburse to the employees defined above, up to $45 each year towards their cost of medical exams to acquire and maintain a Class A or B driver's license- ARTICLE 4. BENEFITS motion 4-1 - INSURANCE BENEFITS Employees covered by this agreement shall be eligible to receive the insurance benefits outlined below. Sununary plan descriptions and/or forinal plan documents kw these benefit programs are available from the City Personnel Department and are hereby in =porated by rekwencae into this agreemo t. For employees who work 30 hours per week or more. the City sha II pay the nomy premwm costs for the medicaUderrtat and vision nsurances fm both employee and dependert coverage as otAkned below. For regular - status en q*yees who work less 12 • than 30 hours per week, the City shall pay the premium cost for employee coverage; omly. Such employees may purchase dependent coverage by payment of the difference between the employee only and family premiums through payroll deduction. A_ Medical ntal Plan The City agrees to pay the full monthly premiums for the medical/ dental plan for employee and dependent coverage until December 31, 1991. In consideration of this, the Association agrees to support the recommendations .of the Health Care Cost Containment Committee with respect to controlling the cost of medical/dental insurance. B. vin Care The City shall continue to provide a vision care program for all Unit employees and their dependents_ C. State Disability Insurance Ail 'con'41"dentiar employees in this knit (as designated in Attachment A) shall participate in the California State Disability Insurance Plan. The premiums required for participation in this program shall be fully paid for by the employee through regular payroll deductions. AN 'administrative' employees in this unk (as designated in Attachment B) shalt be covered by a long term disability program with a thirty (30) day waiting period. The monthly premium costs for this program shall be fully paid by the City. D. Life insurance The City shalt provide a $50,000 We insurance berwii to all employees in the unit. Section 4.2 - HEALTH CARE COST CONTAINMENT A Health Care Cost Conntainment Comm4ee The City and the Association agree to participate in a City -wide Health Care Cost Containment Cor aunee which was esWAshed in February, 1989 to study the current benefit levels and Cost dist bwQns of the medical/dental plan and develop recoamnendaUxu kv reducing and/or sharing ousts. It is further agreed that the COnuYY 4ee shall review the effectiveness of #* current medical and sick leave irw"Wvie programs and the &Msabiky of proraWV benefits for part -Imne employees. The Cornet ee consists of one representative from each City bargaining unit and two 13 representatives trom. City management.. Association .% City consultants shall be, allowed to sit -in on meetings as appropriate. The Committee's: recommendations - shall be presented to the City Council and all employee associations for consideration. Any changes in the medical plan that are agreed to shall become effective on July 1. 1991 unless otherwise agreed between the Association and the City. B_ Use of Recreation Center Emolovees covered by this MOU are eligible to use.the Recreation Center faciii ±ies h, purchasing a three -month useage card from the Parks and Recreation Department. Current price of the card to employees covered by this MOU is S 1 as of January 1, 1991. Future adjustments of the price will be at the same percentage rate as that of usage cards sold to the public. Employees who purchase said card shall not be eligible for reimbursement under the City Wellness Program. ' The card may be used only by City employees. Employees may utilize the Recreation Center during times when the Center is open to the general public. In addition, employees of the Association -may utilize the gymnasium and weight room facilities between the hours of 6 a.m. and 8 a.m. provided: a A Parks and Recreation. employee is on duty during those hours to provide access at the facility, b. Use of the facAity during said hours does not interfere with the activities W maintenance employees); c_ Employees must leaive the facility in an orderly and clean condition. Should employees not comply with ,the above, the Parks and Recreation Director may restrict employee use of the facility during the hours of 6 a-m. and 8 a.m. Section 4.3 - RETIREMENT BENEFITS A. Retirement Plan Alf employees in this unit shall be members of the Public Employee's Retirement System (PERS). The City shah due to pay the 7% employee contribution required for each employee_ Those employees covered by this agreemenit who are within three (3) years of rebr t shad have the option of having the City continue So pay the employee's contribution or of paying the a npiayee contrifxAjon hir dtwself and receiving an increase in pay so that the cost to the City does riot increase. The Cky will calculate 14 0 the pay increase based upon benefit costs in effect at the time, of calculation. ' B. RQIu W M kl Plan'.. r Employees who retire from City service shall be eligible to maintain membership in the City medical/dental plan by assuming the following percentage of the established retiree premiums for employee only or employee and dependents: Years of Service % of Retiree Premium the Ci,y Paid b RetirQQI (from date of reou I r hire Twenty live (25) years or more 0% Twenty (20) years or more 25% Fifteen (15) years or more 50% Ten (10) years or more 75% Less than 10 years 100% Coverage shalt continue indefinitely, however, the City health plan shall become a secondary plan to medicare at the time the retiree is eligible for the medicare program. Section 4.4 - EMPLOYEE ASSISTANCE PROGRAM The Cilly shaft continue-to provide an employee assistance pr to provide . program P psychological counseling services to A unit employees and their dependents. The benefits provided under this program shall be as described in the program description available from the Personnel Department. Section 4.5 - EMPLOYEE WELLNESS AND PHYSICALS The City and Association agree that the Wellness Task Force and the "Wellness Program' adopted by City Council shall continue during the term of this agreement. Nothing in this agreement shall be construed or interpreted to require the Council to continue this wellness program beyond December 31, 1991. For #hose employees who are not already provided a regular physical exam under Section 3.7 W this agreement (Driver's Licenses) or as required by O.S.H.A. regullabom (i -e_, dUoruw and lead handlers), the City shall provide an optional, fully paid physical exam performed by the City - selected physician once every two years. Employees may elect to have ifieir periodic medical examination conducted by a physician 00'' r stw the regular physician designated by the City. If this occurs, the City shoo reimburse the actual 0061 of 9* physical to the employee, but such reimbursement shall W exceed the amount which would have been paid to the City seed physician. 15 The results of .this medical exam shall be sent by the physician_to tltie Personnel Director, however, in order to protect the patient/ physician relationship, such information shall nos be public. The results of the examination shall only include information related- to the capability of the employee to meet the - requirements of the, position as determined by the physician. The City shalt incur no further responsibility for the empoyee's compliance with the advice or suggestions of the physician, not for any additional treatment expenses not already covered by other employee benefits. Nothing in this section sha" preclude.the City from reg4i,-ing u e ernployee'to undergo special examinations from a physician of the City's choosing- The City and the Association agree that preventive medical treatment for employees and dependents is effective in reducing health plan costs_ Accordingly employees will receive a cash payment of $200 per year for the purpose of financing annual physical examinations or other health treatment not covered by the plan- The payment for Fiscal Year 1992 -93 will be made upon ratification of the Memorandum of Understanding. Section 4.6 - MILEAGE ALLOWANCE AND REIMBURSEMENT • Employees required to travel on City business will be assigned a City car, have a City car made available to therak or be reimbursed at the standard IRS rate, which meets the substantiation requirements, that is in effect at the time the mileage is driven for actual miles driven_ Reimbursement for actual miles driven shall not include home to office use. Determination as to which of the above methods will be used shall be made by the City Manager after consultation with the Department Head. Section 4.7 - UNIFQRMS The City agrees to continue the current uniform provisions and cleaning service for the following maintenance employees: equipment maintenance supervisor, building crafts supervisor, parks supervisor airport maintenance and operations supervisor, and pubic works supervisor_ The City also agrees to continue the uniform supervisor, for the Records and Communications Manager. Section 4.8 - EMPLOYEE TRAINING The City shall re nbuirse employees for expenses they have incurred for lution and Sbooks in taking an approved job - related course. Only courses whim relate to the 16 ernpbyee's current position with iFte City or would prepare the employee for advancement within that career field will be considered as eligible for tuition reimbursement. Reimbursement shall not be made until employee submits _ documentation of expenses and successful.completion of the course. B. Tr ining_Q9Mr S Upon approval of the Department Head, employees may be authorized to attend job-. related training programs during regular working hours. When the needs of the City services so require, the department head or his/her designated representative may direct an employee to attend a meeting or conference as part of the professional training required for the position. When such attendance is authorized or directed, payment for training - related expenses shall be paid by the City in accordance with authorried travel expense reimbursement policy, and shall be distinct from the compensation paid for time worked. C. Travel time Tirane spent traveling to and iron authorized training programs shall be paid in accordance with the Fair Labor Standards Act. ARTICLE 5. DISCIPLINARY APPEALS PROCEDURE Section 5-1 - Ag lication The disciplinary appeals procedure described herein shall be available to all permanent status employees covered by this Memorandurn of Understanding_ It shall not be applicable to probationary employees_ Section 5.2 - Definition As used in this procedure, disciplinary action shall mean discharge, demotion, reduction in pay, or suspension without pay. Suspensions without pay for periods of less than three (3) working days shall not be subject to the pre - action reguirements of this procedure and may be appealed only to the City Manager Review level. The City Manager's decision on such appeals shall be final. Suspension without pay shall be scheduled on consecutive days and shall not exceed a total of thirty (34) consecutive work days for any one suspension. In no event shall such suspension be imposed against vacation and/or compensatory time off prey earned by an emp%yee- • An &nPlOYee " be represented by individual(s) of his/her choice at any and ail stages Of iris appeal process. The City shall grant a reasonable amount of paid 17 release time from work for one employee to assist the appellant in preparing and presenting an appeal at any level of this procedure. When an employee whom the City is proposing to discipline or whom the City has- - disciplined has identified a representative or representatives, such representativ'e'(s) shall be notified of formal actions taken in the disciplinary process. In the case of disciplinary actions consisting of suspensions without pay for less than three (3) days, employees shall be given notification sufficiently in advance to. allow a representative to be present during the presentation of the disciplinary document. No employee shall be subject to restraint, coercion, or reprisal as a result' of filing an appeal under this procedure. ection 5.4 - Time Limits Failure of the employee to file an appeal within the required time periods specified for any level of this procedure shall constitute an abandonment of the disciplinary action appeal_ Failure of the City to act within the required time periods shall result in an automatic advancement of the appeal to the next step_ Time limits specified in this procedure may be extended by mutual written agreement between the emp!oyee or his/her representative and the City. ® The term, `submit to' as used in this procedure shah mean the actual delivery of the document to the addressee's normal place of business_ Section 5.5 - Pre - Action Procedure DMIN • ' ••• • Prior to imposing disciplinary action involving a suspension without pay of three (3) or more working days, reduction in pay, demotion; or discharge, the supervisor or - department head shall first provide the employee an advance written notice of the proposed action including the following: L The specific disciplinary action being proposed. 2 The specific grounds aOd particular facts upon which the action is based. 3. Copies of all documents and materials upon which the action is based or access to such material at a reasonable time. 4- Noti % cation that the employee has a right to respond to the charges either orally, in writing, cx Both 001 to implernentation of the discipline. and that such response must be made to the department head within five (5) workwg days of the date the employee receives the notice. • • 3$ The department head shall issue a written decision on the proposed disciplinary action within five (5) working days of he or receiving the employee's response, ` Copies of this decision shall be sent to all parties directly involved in the discipline, including the supervisor or manager, the employee, his/her representative, and the Personnel Director. a • •� , , A- City Manager Review The employee has the right to submit an appeal of the department head's decision to the City Manager within ten (10) working days after receipt of the written decision. Any such appeal must be in writing, explaining the action being appealed, the reasons for the appeal, and the action the employee desires be taken. The City Manager may appoint a personal designee, who shall not be the concerned department head or others directly involved in the disciplinary action, to hear the appeal. The City Manager or his%her designee shall set a meeting date which shall not be more than fifteen (15) working days after receipt of the appeal by the City Manager. The appellant, the department head, and any other parties requested by the City • Manager or his/her designee shall attend the meeting and present oral and/or = ' documentary evidence relevant to the disciplinary action. The City Manager or his/her designee may also conduct such other independent investigation of the charges and discipline as he /she deems necessary. Within ten (10) working days following the hearing, the City Manager or his/her designee shall issue a written decision to all parties involved. The designee has the authority to affirm. repeat, or modify the disciplinary action taken_ The City Manager's review may be waived by mutual agreement between the appellant and the City. B. Hearing Officer The employee has the right to appeal the decision of the City Manager's designee by submitting to the City Manager a written request for a hearing by an outside hearing officer. Such appeal must be submitted to the City Manager within ten (10) working clays after receipt of the designee's decision_ The outside hearing officer shad be selected by the Pevsmid Director and the appellant from a W of qualified individuals prowled by the State Mediation and Conciliation Service. The City and the appellant shaU attfternately strike names from the list. The last name remaining shall be the hearing officer. The party swki first shall be determined by lot_ 19 iUpon mutual agreement and with the consent of the hearing officer, the City and the grievant may submit written materials to the hearing panel in lieu of holding a hearing. All interested parties shall be notified in writing by the Personnel Director of the date; - tune, and place of the hearing at least ten (10) working days prior to the hearing. The hearing shall be conducted under the following rules: 1. AEI hearing shall be private; provided, however, that the appellant may request a hearing open to the public. _ 2. Proceedings of the hearing shall be recorded but not transcribed except at the - . request of either party. The party requesting the transcript shall bear the expense involved unless shared expenses are agreed to by both parties. Should either patty request transciption, a copy shall be made available to the other party. 3. Either the City or the appellant may call any individual as a witness and/or the hearing officer shall (as legally authorized by City Council action) issue subpoenas by request of either party. if a witness(es) called is a City employee, the City agrees to grant paid release time from work for the period of testimony. The appellant shall appear in person at the hearing, unless physically unable to do so. 4. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most conducive to determinations of the truth_ 5. Each party shall have the following rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross- examine opposing witnesses on any matter relevant to the issues; and to rebut the evidence against himiher. 6. Oral evidence shall be taken only on oath or affirmation. 7. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence, and shall base his/her findings on the preponderance of evidencx 8. The hearing officer shat] render his/her findings in writing as soon after the conck1.sion of the hearing as possible_ 9. The hearing officer may sustain or reject any or ail of the charges filed against the enWk)yee and/or susuin, rued, or modify the disciplinary action invoked against the mgAoyee. A copy of the beat wg offs decision shall be furnished to afl patties directly S involved in the disc 31 Y apps. 20 The hearing officer's fees and expenses shall b� bo r n e equally by the appellant and the City, including the cost of transcription it required by the hearing officer: Each party 40"11 bear the cost of its own presentation including preparation and post hearing. _ briefs. Both parties agree to make every effort to limit the time involved in the hearing stage of this procedure, so as to contain the overall costs incurred. The decision of the hearing officer shall be binding upon both parties to the appeal. ARTICLE 6. QRIEVANCES Section 6.1 - Application To establish a mutually satisfactory and timely method of settlement of grievances, the following procedure is available to all employees covered by this Memorandum of Understanding. Section 6.2 - Definition A grievance is defined as an alleged violation, misinterpretation, or misapplication of the provisions of this Memorandum of Understanding, or other rules and regulations adopted by the City Council which govern personnel practices and working conditions. No proposals to add to, amend, or terminate a memorandum of understanding nor any issue arising out of or in connection with such a proposal may be considered under this grievance procedure. No complaint concerning the payment of compensation to an employee shall be considered under this grievance procedure, unless it alleges a specific violation of the provisions of this Memorandum of Understanding or the City Personnel Rules. No adjustment of compensation resulting from a grievance under this procedure shall be retroactive for more than one (1) year from the date upon which the complaint was filed_ Section 6-3 - RepresentatigglNo Reprisal A grievant may be presented by individual(s) of his or her choice in preparing and presenting a grievance at any stage of this procedure. The City shall grant a reasonable amount of paid release time from work for one empbyee as identified by the grievant to assist the grievant in preparing and preseMang the grievance at any level of this procedure. Where the grievant has identified a representative or representatives, such 40 1 — representatives) shall be notified of all formal actions occurring on the grievance. 21 • • No employee shalt be subject to restraint, coercion, or reprisal as a result of filing a grievance under this procedure. 4 - Time Limit Failure of the employee to act within the required time periods specified for any level of this procedure shall result in a resolution of the grievance at the last step pursued. Failure of the City to act within the required time periods shall result in an automatic advancement of the grievance to the next step of the procedure. Time limits specified in this procedure may be extended by mutual written agreement, between_ the grievant or his/her representative a. nd the Ctty. The terms "submitted to' as used in this procedure shall mean the actual delivery of the document to the addressee's normal place of business. Section 6.5 - Procedures - Every attempt shall be made by the parties to settle the issue at the lowest level of this procedure. Only upon mutual written agreement between the parties involved may any stage of this grievance procedure be waived. Steo I - SUPERVISOR Within thirty (30) days following knowledge of the event or action on which the grievance is based, the employee shall notify his/her immediate supervisor either orally or in writing of the nature of the grievance. Within ten (10) working days of being notified of the grievance, the supervisor shall meet with the grievant, investigate the alleged grievance, and provide the grievant an answer to the grievance. Step fl - DEPARTMENT HEAD It the grievance is not resolved in Step f, the grievant may submit a written grievance to his/her department head within ten (t 0) working days of receiving the Step I response. The written grievance shall contain the following information. i. The name of the grievant(s). 2. The specific nature of the grievance. 3_ The date, tiara and place of the event or action on which the grievance is based. 4. The proviskm(s) of the agreement or rule(s) alleged to have been violated. 5. Date discussed with supervisor and a copy of the supervisors response it that response was in writing. 6. The action the grievant believes wilt resolve the grievance.. 7- The narne of the representative(s), if any. chosen by the grievant So participate in the grievance procedure. 22 If the Departmenl Head believes the grievant has failed to provide this information,- ' he/she shall inform the grievant of the deiiciency(ies) and the grievant shall be given five (5) working days to perfect and resubmit the grievance. The department head shall investigate the issues, meet with the grievant, and attempt to reach a satisfactory resolution of the grievance. No later than ten (10) working days after receipt of the grievance, the department head shall issue a written response. Copies of the response shall be sent to all parties involved in the grievance, including the employee, the employee's representative(s), and the Personnel Director. STEP Ill - CITY MANAGER If the grievant is not satisfied with the resolution presented by department head, he/she may appeal that decision to the City Manager. Such appeal must be received in - writing by the City Manager no later than ten (10) working days after receipt of the Department Head's response. The written notice of appeal shall include the resolution sought, a copy of the Step 11 grievance, and the Department Head's response. If the City Manager believes the grievance is incomplete. he/she shall notify the grievant and his/her representative and the grievant shall be given five (5) working days to perfect Elie appeal. The City Manager may appoint a designee, who shall not be the concerned Department -Head, to hear the grievance_ The City Manager or his/her designee shall set a meeting date which will not be more . than fifteen (15) working days after receipt of the appeal by the City Manager. The grievant. the concerned Department Head, and any other parties requested by the City Manager or designee shall attend the meeting and present oral or documentary evidence relevant to the grievance_ The City Manager or his/her designee may also conduct such other independent investigation of the grievance as he/she deems necessary. Within ten (10) working days following the meeting. the City Manager or his/her designee shall issue a wr4len decision to all parties directly involved in the grievance. STEP IV - HEARING OFFICER If the resolution presented by the City Manager or designee is not satisfactory to the grievant, the grievant may, wlOiin ten (10) working days from receipt of the decision, submit a written request to the City Manager for a hewing by an outside hearing officer_ The outside hearing officer shall be selected by the Personnel Director and the grievant from a kst of qualified individuals provided by the State Mediation and Concikation Services. The City and the grievarsi shall alternately strike names from the list. The East name remaining shad be the hearing officer. The party striking first shard be determined by lot. Upon mutual agreement and with the consent of lire hearing officer, the City and the grievant may submit written materials to the hearing officer in lieu of holding a hearing. If the grievant is not represented by the Association, the Association shall have standing at any hearing as a party of interest but shall not be responsible for costs of the hearing officer. All interested parties shall be notified by the Personnel Director in writing of the date, time and place.of.the,hearing at least ter: (10) 4 orking days prior to t1he heariiIg.: The hearing of the grievance shall be conducted under the following rules: a. M hearings shall be private; provided, however, that the grievant may request a hearing open to the public_ b. Proceedings ui the hearing shall be recorded but not transcribed except at the request of either party. The party requesting the transcript shall bear the expense involved unless shared expenses are agreed to by both parties. Should either party request transcipts, a copy shall be made available to the other party. c. Either the City or the grievant may call any individual as a witness and/or the {� hearing officer shall (as legally authorized by City Council action) issue subpoenas by request of either party. If a witness(es) called is a City employee, the City agrees - to grant paid release time from work for the period of testimony. The grievant shall appear in person at the hearing, unless physically unable to do so. d. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most conducive to determinations of the truth. e. Each party shall have the following rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross - examine opposing witnesses on any matter relevant to the issa,es; and to rebut the evidence against him/her. f_ Oral evidence shall be taken only on oath or affirmation g. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence, and shall base his/her findings on the preponderance of evidence. h. The Bearing officer shaft render hm ttier findings In writing as soon after the contusion of the hearing as possible. i- The jurisdictional authority of the hearing officer shaft be confined exclusively to the 24 • • • interpretation of the explicit provisions & rules which may be at issue in tw- grievance. The hearing officer shall have no authority to add to, delete from, alien, or amend any provision of this agreement or of any other. City rules, or impose on any party a limitatioil .or obligation not exclusively provided for in this i3greer�ent or ' other City rules, or to alter any salary rate or structure. A copy of the hearing officer's decision shalt be furnished to all parties to the grievance. The hearing officer's fees and expenses shall be borne equally by the grievant and the City, including the cost of transcription if required by the hearing officer. Each party shall bear the cost of its own presentation including preparation and post hearing briefs. Both parties agree to make every effort to limit the time spent in the hearing stage of this procedure so as to control the overall costs incurred. The decision of the hearing officer shall be binding upon both parties to the grievance. ARTICLE 7_ LAYOFFS Section 7.1 - Order of Layoffs Persons shall be laid off in the following order_ a_ Layoff shall be by department and class within the department except as otherwise noted herein. b. All extra help, temporary, limited term, seasonal, and provisional employees in the same department and within the same class shall be laid off before any regular employee is laid o#. c. When it becomes necessary to reduce the force in any department, layoff of regular - employees shall be in the order in which their names appear on !-he layoff list for the affected class, as prepared by the Personnel Director, with those persons having the least layoff credit being laid off #first_ The layoff list stag be established by the Personnel Director by departmerd and class and shall be based upon seniority within the class and department as foiim m: a- For each regular employee, except as mocliiied n Subsection b.. seniority shag be measured from such employee's niter appointment to the class occupied at The 25 time of layoff except that for the purpose of demotion in lieu of layotl,addi6onal ® seniority shall be added from initial appointment to permanent City sewice. b. Regular employees who held seasonal, limited term, or provisional status prior to t - permanent appointment shall receive seniority credit for said status only it the service was continuously compensated employment prior to appointment to a permanent position. c. One point seniority credit shall be given for each full calendar month of full -time service as specified in a. and b. above. Prorata credit shall be given where the employment is less than fuPime and/or the employment ss less than a full ,Onal- (Full -time is defined as an employee working thirty -six (36) hours or more per week_) Section 7.3 -'Demotion and Displacement in Lieu of Lavolf Based upon seniority credit as defined in section 7.2 above, a regular employee may elect demotion and displacement in lieu of layoff to any position within the City in which he/she has previously held permanent status or in succeeding lower classes in the carne class series or in replacement classifications where titles were changed as the result of reclassification provided the duties have remained essentially the same. It an employee has previously held permenent status in the class to which the employee elects to demote, such employee shall not be required to serve a probationary period_ If an employee elects demotion and displacement in lieu of layoff, such employee shall be placed at the salary step of that class representing the least loss of pay. In no even_ t shall the salary be increased above that received in the class from which the employee was displaced. To be considered for demotion and displacement in lieu of layoff, an employee must notify the Personnel Department in writing of this.election no later than five (5) business days after receiving the notice of layoff. Regular employees shall have an additional three (3) business days after each notification that layoff credit is insufficiew to allow displacement as computed in Section 7.2 above. Employees laid off or who reduce in lieu of layoff in accordance with this article, who request pig on a re- employment It% shall be placed on said list in reverse order of the succession of layoff. Provided, however, such employee is qualified and meets the eagAoyment standards for the position. This would inctude passing al appropriate tests arui screenings including written. oral, practical, medical, and 26 • u psychological tests, application reviews, and t3ac4round checksftnvestigations_' whenever a vacancy is to be filled, the appointing authority shall appoint a person from the list who is available and who was laid off from that same postion in that pa[ticular department_ If no One was laid off-from that.same.pc�si(ion in that. particu(ar,__ department, the appointing authority shall give first consideration to the - persons on the re- employment eligible Hsi before considering other eligibles. IN WITNESS THEREOF, the parties hereto have executed'this Memorandum of Understanding this 10 TS day of �C-SkiI��s ?. 1993. SOUTH LAKE TAHOE CITY ADMINISTRATIVE AND CONFIDENTIAL EMPLOYEES ASSOCIATION BY CITY OF SOUTH LAKE TAHOE - BY M _ CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -12 "RESOLUTION OF THE CITY OF SOUTH LAKE TAHOE CITY COUNCIL ENDORSING THE SOUTH LAKE TAHOE SISTER CITY COMMITTEE'S PROPOSAL ON THE DEVELOPMENT OF A SISTER CITY RELATIONSHIP WITH THE CITY OF BAIKALSK, RUSSIA" WHEREAS, the "Sister Cities Program" was inaugurated by the President of the United States in 1956 to establish friendship and understanding between the people of the United States and other nations through direct personal contact, and WHEREAS, the City Council of the City of South Lake Tahoe does hereby recognize and endorse the proposal of the South Lake Tahoe Sister City Committee to develop a Sister City Relationship with the City of Baikalsk, Russia with the hope that it will lead to a lasting partnership between our City and the City of Baikalsk; and WHEREAS, this Council supports the citizens of our community in their voluntary support towards maintaining a partnership with the citizens of Baikalsk through undertaking "Sister Cities Program" activities, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE AS FOLLOWS: 1. This Council envisions the Sister City Committee will build an alliance with the City of Baikalsk, Russia, and we hope to see a growing awareness and appreciation of each other's culture and people, and 2. This Council sees the strength and the vitality of this long -term association being between the citizens of our respective cities on a "people -to- people" basis, and 3. To this end, this Council supports the South Lake Tahoe Sister City Committee to enlist voluntary support for the success of this relationship. PASSED AND ADOPTED BY THE CITY COUNCIL, CITY OF SOUTH LAKE TAHOE, ON FEBRUARY 16, 1993 BY THE FOLLOWING VOTE: AYES: KLEIN, OSTI, DAVIS, DU Q NOES: NONE ABSENT: COLE ATTEST: • KEITIJ IKLEIN, MAYOR A J 9 55 '�'� •'- r� ORt1 • • • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -13 A RESOLUTION DENYING THE CLAIM OF CSE INSURANCE GROUP ON BEHALF OF ALAN E. LAMBERT that; RESOLVED, by the City Council of the City of South Lake Tahoe WHEREAS, this claim against the City of South Lake Tahoe was filed February 8, 1993, in the amount of $22,514, by CSE Ins. Group on behalf of Alan E. Lambert, for damage to his vehicle due to an accident involving a police vehicle, Mr. Lambert's vehicle and another vehicle; AND WHEREAS, said claim is based upon the allegations set forth in these materials identified collectively as "Exhibit A", a copy of which is attached hereto; AND WHEREAS, it is the recommendation of the City Attorney and the Deputy Risk Manager that the above claim should be denied by action of the City Council on the basis that the amount of City liability, if any, needs further investigation; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED THAT: Upon consideration and review of all currently available information, the City Council rejects the claim of CSE Insurance Group on behalf of Mr. Alan E. Lambert. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on March 2, 1992 by the following vote: AYES: Councilmembers KLEIN, COLE, OSTI, DAVIS, DU QUITE NOES: Councilmembers Councilmembers NOTICE OF DENIAL OF CLAIM FOR DAMAGES PRESENTED BY ANA TO: CSE INSURANCE GROUP P.O. Box 13506 Sacramento, CA 95853 -9989 Attn: Karen Parcell, Claims Rep. CLAIMANT (S): ALAN E. LAMBERT NOTICE IS HEREBY GIVEN that the claim you presented on Febr;:ary 8, °- 1993, to the City of South Lake Tahoe was rejected by action of the City Council on March 2, 1993. The claim was rejected on the following grounds: 1. The legal liability of the City of South Lake Tahoe is disputed. 2. The amount justly due, if any, is disputed. WARNING Under California State law, you have only six (6) months from the date this notice was deposited in the first class mail to file action regarding this claim. Federal laws differ and may require filing within a shorter period of time. See Government Code Section 945.6 for the applicable state law. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. DATED: March 4, 1993 An la Pet ity Clerk UiH Lq,� Enclosures Resolution No.1993 -13 -S- Certified Receipt No. P 767 155 976 - M cc: Deputy Risk Manager c: a� 19 65 1$7- • CITY OF . SOUTH LAKE .TAHOE CALFOP"A ADMINISTRATIVE CENTER 1052 TATA LANE P_O, BOX 1210 -- SOUTH LAKE TAHOE. CALIFORNIA 95705 - PHONE (916) 573 -2040 STAFF REPORT FOR THE CITY COUNCIL MEETING OF MARCH 2 1993 TO: Kerry Miller, City Manager FR: Gretchen Abravanel, Deputy Risk Manager DT: February 18, 1993 RE: Claim of CSE Insurance Group on Behalf of Alan E. Lambert RECOMMENDED ACTION: Adopt resolution denying claim. 3 ISSUE STATEMENT AND DISCUSSION: This claim, filed February 8, 1993 by CSE Insurance Group on behalf of Alan E. Lambert, in the a;aount of $22,514.33 is for damage to Mr. Lambert's vehicle. The damages were a result of an accident involving a Police vehicle, Mr. Lambert's vehicle and another vehicle. It is the recommendation of the City Attorney and myself that this claim should be denied pending further investigation. The City has received a claim from the third vehicle in the amount of $589.24 and it was also denied pending further investigation. A copy of the police report is attached and the amount of City liability, if any, needs to be further investigated. POLICY and /or FINANCIAL IMPLICATIONS: Covered by self- insurance program. any, needs further investigation. Gretchen Abravanel Deputy Risk Manager APPROVED: e1111 Ier, City Manager The amount of City liability, if ^.FFIC COIUSiON REPORT [:Haney. / -W[Ntt Kr4 MMM CfT-/ .YO�.E T.CT LOCAL M004" .aAl.t, L. el- cez v, � fsfOMT /�y ��f,� •/ Ylri t [(T t MM COVfT/ a.cs ._ z . [�1 /�D,/t/��� ru 11[MfT1EOGOT�ItLT ftF1f `JI o E� C�4'G _ OtlA6Gr OCCwt[s OM Ism OAT .tall Tuft ( 3-M MCC f OfflCfsE a DAV of wt4x TOt. 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V4 w Pc- TOA Tl1..EFl 17 o 0 0.11 W c_ IT Row wO.ttr-v J Btr7oli.EaSTI sp*Ob Iocr [C1C13 ftc 13 .i.Y\�•w l-.aol -W.L- 11.5( •.-If f -.tea :E• . utt /ARf1 .:. .�' Ekj •�s • - . - . -, - F L r 5,E- a ;otfSi OwV(f s .t-Mt f.a1t of DMVat i ..FD _..y cry., s *.St111f 64 0- ..Erf1.D0At ff S-NE af01"14 . sr S(f_ /L/ nYR bti -meow WISACWT flwiwDAllf tW. Oaf 1W %-CC O.cfOLTEOMOV0dG10R OWN Of: ■`Jf t11E1KR 0- 'nE. -� .Arf r.tO..i .arf4Tisf ` ' //� `✓ ?^ _ f.4.[ - -� 00604 0"CwN.CK 04FICTT1: Now affal[ENT GM► aft oaf t 4(601 TO eaum"IMt[ 1 1tlCS.q v[Mtci o.�[.oi _ 0 +rt.oi r a- 0 -0400 1M A] t9NC. MIY1R 0.11 W c_ IT Row wO.ttr-v sp*Ob Iocr [C1C13 ftc 13 •.-If f -.tea aesvRr,JIE t4orseo tt+tl-f4f w.rt .:. .�' Ekj •�s o sss oRGE, 1+� mil► t3lfots F FIC COLLISION CODING LiW � � D• V ill ITI.l I3wI ��', CM4W (A ! wC,q 1 -0 . -. � •ll�� � �� // fVI(( // OM.I(A { MIi, l ! ACa/1K .. i ❑>tti OM D(KUIRKW Oft DivalOi _- SEATING POSITION SAFETY EOUIPMENT EJECTED FROM VEMCLE L - AIR BAG DEPLOYED alit BICTCL ��IfSi(£I • o. Tar f IECntD .. A - NONE IN YENCLE N • AIR BAG NOT DEFIEO DRIVER t - FULLY EJECTED B- UNKNOWN N OTHEN y _ Aq 2 - PARnALLY EJEC T(O -Eat' BELT USED P " NOT REQUIRED W . YES T • UNKNOWN I OWVEN 1223 . I"BELT NO II USED TO 6 - PASSENGERS SIgIRJ)EA NARIIESS USED PASSENGER ' "STATION WAGON REAR F - SHOULDER HARNESS NOT USED CMD.BEURNKT x . NO a - REAR OCC IRK. ORYAN G' I "' SHOUCDEA HARNESS USED O -IN VkWLE USED Y • YC9 o POSITION UNKNOWN - LAP I SHOULDER HARNESS NO USED R - IN VEHICLE NOT USED 0 - O TNER - PANE RESTRAINT USED S - NO VEHICLE USE UNKNOWN K - PASSIVE RESTRMNT NOT USED I - IN VEHICLE IMPAOPEA LISE `� U - NONE IN VFHK: UE ITEMS MARKED BELow FouowEO itY AN AsTERSK ( I smOULD BE ExPLAINEo IN THE NARRAnvc .- PMMARV COLLISION FACTOA IRAFRCCONIIIOIOtVICEl 1 1 2 3 - IYPEOFVEItlK.-Lt ' f t 2 3 MDVEMENTPIDEC : S T NUMBER (I ) OF PARTY AT FAULT COLLISION A - C,W/TTON VIOLATED. QT�A comTAOLS FUNCTIONING APASSENGER CAR I STATION WAGON ASTOPpco Ll t JED) CONTROLS NOT FUNCTIONING' B PASSENGFA CAR W i TRAILER PROCEEDING STRAK;*" �2" OTHER IMPROPER DRYING -: CONTROLS OBSCURED MOTORCYCLE I SCOOTER RAN OFF ROAD NO CONTROLS PRESENT I FACTOR ID PICKUP OR PANEL TRUCK ID MAKING RIGHT TURN iV 0 T HER TITAN DRIVER' TYPE OF COLLISION E PICKUP i PANEL TRUCK W I TRAILER E MAKING LEFT TURN J UNKNOWN ANEAD- oN F nwcx oR TRUCK TRACTOR F MAKING U TURN %ELL AiLEU,. SIDESWIPE GTRUCK I ]RUCK TRACTOR WI TRLR. GaAcKimc REAR END SCNK)OL BUS SLOWING IS TOPPING wiA;HER1 MA44KI30 2ITEMSI BROADSIDE IOTTERsus IPASSING OTHER VEMCLE = LEAa R O6JECI J EMEAGENCY VEHICLE J CHAW-:NG LANES -- OVERTURNEO KHIGHWAY QDNSr- EQUIPMENT KPARKING MANEUVER " ^ILININ,; VEHICLEIPEDESTRIAN L BICYCLE j ENTERINGTnAFFK; ,H OTHER • CLE I&JOTHER UNSAFE TURNIKG - %OG: V151BIU rY FT. MOTOR WEisCL.E IHVOLVfD Wi IN NPEDESTRIAN i:NG INTOOPPOSING LANE -- J7H£A • : ANON- COLI.240N 0 MOPED i oPARKED w•i N-0 JB PEDESTRIAN MERGING LtGHflM�. OTHER MOTOR VESICLE TRAVELING w000d : WAY . MOTOR WEHICLfON OTHER SOAOWAY OTHER ASSOCIATEDFACTOR(Sa Ormcit T Z 3 PARKED MOTOR VEHICLE JuSK - DAWN --� ( MARK l TO2It£US) r.AaK- STAEETiIGiA'S TRAIN -.. -_ -.. .___. AvG tCC flea vloUlnOM: rr....p a _ _. ... ..._ - - -- -- .- - - J caaK - No STREET ucxrs � er'crcLF STREET LIGHTS NOT '- C ARK . ANMAL : B vc AACno.. vK><AtK�. " TtO FU NCTIOII ❑Tp SOBRIETY -DRUG ROADWAY SURFACE ,M RILED O&UECT: VCUCTW— vKKLAno.. CMD 1 12131 PHYSICAL -,R I ❑Tn ° D ( MARK I TO 21TEMSJ OTHER 061ECT: J X y X HAD NO T SEEN DRINKING _- >wJwr -ICY MBD -UNDER INFLUENCE cv,Pr MIDDY -OEr -ETCH i Ert5iON065CUREMEHT: "so - No I UAIOE R NWLI E NC E F INATTEMTKNi -: aOAOwiLr CONOtaO•I(.S) NBD- 1MPM RME N T UNKNOWN'I G STOP A GO TRAFAC u � RK i 70 2 fTEMS) PFDfST RIANS IM/OLY EO JE UNDER Of" INFLUENCE* H ENTERING I LEAVING RAMP ._. . - IMPAIRMENT r PHYSICAL . fXIAmOPEOESTRIAMINVOLVED VED ....:...., . I PREVIOtI�CTxUSaUIt DEEP RUT' - CRMSING iK CROSS WALK( AT INTERSECTION NtPAIRMENT NOT KNOWN _ ., EAAATERTALON ROADWAY ' UNiAML1ARWITHROAD NOTAPP(ICABLE KDEFEGfIVE ofN. EQUIP.: QI� CROSS.ING M CRO SSW AL K -NOT ic AT IN TERSEC TION 1 $LEEP�/fAiiGKfEa - ?SEA: /CRON GN iOADWAY (J. :I - ❑'� =34. St RUC nom - REpAAR ZONE SPEC1Al INFOR,IATIDN •4 -- ..Ou'_'EO ROADWAY WIDTH ID CROSSING - NOIIN CROSSWALK LUNINVOLVEDvLItCLF ANAZARDOUSMAIE &L =.00O E D - IN ROAD _ IsOLUOES SHOUl.DEA OTHER - : MDT N ROAD N NONE APPARENT - ~-.^O U' JSUALCONDiTiONS APPQOACMNGI LEAVING SCHOOL OWS RUNAWAY VEHICLE i �/r of L;cEt LaNEOns Vic • : - �OCIr♦ •OIr7N r A JURED l WITNESSES / PASSENGERS 1 x �1���•�, �1V °a� �1�Sg� l� R� _4l .�.Y4 tr TnwwiwpE :.. `•E' �. 1" Em TW' .. ^ .,. __ ❑ ❑ ❑ ❑ ❑ ❑ n �re,00•: -- w.- AEJ OKryT my: __ ❑ o 0 0 ❑❑o o❑ C _"�� o..•_.� ra.FasEraT�.r, r.wEw ra .--�T —_4 © © U ❑ ❑ ❑ ❑ V •..4E: O T*AM TM - IOCOY OF MOEE/R CftkwE morms , ��_F ❑ b" IC, U a o❑o® a 0 - • - -' -. U„,� .EC w of EaoEefT ortlt wwsi V= g F O i-l. t 0 1 fl O 10 101 0 10 h3 11 ...wcD P.E., fv mk*Pe!mwm or 9 s �[J 1 i • ff/ W owo. J � a -"" SS F.SiQ� EXTENT OF INJURY ( " X" ONE) INJURED WAS ( "X" ONE ) -•,. Off' "it u •uTT S(wT faFET+r EJECrcO' F.rwE fEIIEFtE el.EEa n6/Ri COrFIwrR _. aw.ta Mf. EWiR a*NNaT w" aav .aNrir pE ►r., OaM, v_ v" KaOUR Ola(a T3, a _o _ o ❑ 1 x �1���•�, �1V °a� �1�Sg� l� R� _4l .�.Y4 tr TnwwiwpE :.. `•E' �. 1" Em TW' .. ^ .,. __ ❑ ❑ ❑ ❑ ❑ ❑ n �re,00•: -- w.- AEJ OKryT my: __ ❑ o 0 0 ❑❑o o❑ C _"�� o..•_.� ra.FasEraT�.r, r.wEw ra .--�T —_4 © © U ❑ ❑ ❑ ❑ V •..4E: O T*AM TM - IOCOY OF MOEE/R CftkwE morms , ��_F ❑ b" IC, U a o❑o® a 0 - • - -' -. U„,� .EC w of EaoEefT ortlt wwsi V= g F O i-l. t 0 1 fl O 10 101 0 10 h3 11 ...wcD P.E., fv mk*Pe!mwm or 9 s �[J 1 i • ff/ W owo. JURED I WITNESSES I PASSENGERS QE3 OMCn Eck +SOORECY .._ _.,, Q McTrosM0C91larrE.oar�Fs G ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1. d : 0 0l r VOREfi 7(IEF�q�4 4EO O-l'fl 7q�MSpO1tTEO qv; faKEM TO: t :kNC MlIIiES � - ❑ MCTW OF MOLO f CRIME MOTV%M cmv" ❑ I # ❑ 1 1 3 1 ❑ 1 ❑ -1 ❑ 11:1 Ion ❑ 1❑f I I I .. I fElFi•-On[ .;�ONi •; TS.r6F011TEO &V: fart EMM ...,nE9 O'L Rf:. fyEM TQ; ,_�•aE �.xirFf 0 MCVMOF.u.rw CONK OdlWM .. � � IIICTIY OF MOEEMT CRWE 9OI�Ma I ❑ I I I I ❑ I ❑ ID 1 ❑ 1 ❑ L O a , L10AEff +� fLLitidE l E� OMl TI rA&p spORTS /T:. TAOAM TQ .: 9.3E w,ylYE; J= f D ! i ❑ 1 ❑ 10 1 ❑ 1 ❑ 1❑ 1 ❑1 ❑ 1 ❑1 1 1 1 ­4 0a,Amow� is «n,.Ea aa+l +R..eoFOVO«: xriFM R!; Cl"Can 4w MMAW4�1� 'meow R(Ms.aelM ar (fkw. u" CA ou ❑ MC TIM OF MOEDif CRrF Id7iR ❑ T ...,nE9 O'L Rf:. fyEM TQ; ,_�•aE �.xirFf 0 MCVMOF.u.rw CONK OdlWM J= f D ! i ❑ 1 ❑ 10 1 ❑ 1 ❑ 1❑ 1 ❑1 ❑ 1 ❑1 1 1 1 ­4 0a,Amow� is «n,.Ea aa+l +R..eoFOVO«: xriFM R!; Cl"Can 4w MMAW4�1� 'meow R(Ms.aelM ar (fkw. u" CA ou • .r� M t {�Owrrw f i --z. -1 OR.." R R A TI V ElSUPPL EMENTAL !' S , Rev 7.901 CWt O42 ;a,f = N^C7FNpQT;ppM1ENCE TONE (2�m �. VONE '"arra"Ve C GNiEiOn report "_Js.apw.mntal Qother: :, ryxy- N-wTYIJUDIcML Gaarwr . ocATu%SLJ6tECT WC Nume" (*'FCEA LO Mim 094&3 _ f22 :. rfPE SUPPLE UENrAL rX- AMMAN Q 0 BA update ❑ Fatal ❑ Huwdars raateT+als ❑ School bus C) W and fun update C-1 other: AEPOATM OSTAC EMAT J STATE H GwwAY RELATED ❑ Yes R )�No -i 9. s. 5 Gift � W/s p. C� Adak y = "� ��D.t�� .a,��� ,mss � ✓.3 0�,•�� av d -.z ay.— � ¢TCCG�..✓.c�Gr G' —/. � %E< < �G.S.f �E�i /� �� �/��t/�C �T �Ol�i.��U Ertl. 7 �Vd k�'F.PE Y �!C i '�i�v�.E'Q�• ���C /�'h� �__�_ � r� j _<;�61 z e��l Ti/ J "s �' . yGf� Y/ iv�E•d LEFT i7>� j .t' /E -.� �' .,•'� .� �.�'/si �teG —, S REP*.WM AA* $AOia. pATt: AEIIEWFR5 NA4E OWN Uw prerwas eftoas uael Oe~ 4 yo s+sn . IA A R RATIV EISUPPLEMENTAL Rev 7-941 Opt 00 Page 7 L" Nc4-)(N rx(xxowI.CE TW 44" NCC. MXABER OFFICER IA. tvllwOEA NVH9ER X-O TYPE mpKEmcNiALrjr*ApeocA8Lf) mi Narrative CAAsiop report BA u L7 Fatal FE HA and sin update S-Opp4ementaf o0w: ❑ Hazardous uWnals C3 Sdml WS ❑ ot►r � '> JN T Y, AJDIC IAL OGTQW W-DORTINGCMSTRCT4EAT rjFATIONlUMON STATE WG�MAV RELATED ❑ Yes No G. IA AM cS t5,72?25elloo� AA--kw_ /We V� 400) .g74-401x1e— /— —0� Je,,,c 14 1 ;9�1e: 5,cleAj zw"!r ��I, ln� Almoozwc 7,4 D 27 01 A049M NUNN" 6 REVIE" NAME � D'R' �7 Use SWevwW odooms un* &VIOW. 40 Wb" :IRATIVEISUPPLEMENTAL t,So (Rev 7- W)OP4042 paw wUOOCUagEF+CE t'+wE 6'�1 NEIC wmmp OFf a o. NwaEa Nt�tttER �' -jr ONE ME SUIVLE MENTAL rV APPMABL E) `.arrauve Wt C.Osma nepotl ❑ BA update Q fatal ❑ Hit and no update Sappleammial Other ❑ Hazardous matenals Q Sdiod bus ❑ Other CaUN JUDCAL QISTRIG! FIE"TWG FtlSTWl TEAT CJTATM NLWKjt _CA''O SUBJEC! r�� STATE MIGMAY i,ATEO 1 . - ` t.� _ t O F� LV ❑Yes N o Aa EL �� t cc �L � �� Tvt���li�t -� �'�t1r ���LL Q {.�5�.���t Eh �1 V �•a � Y GaA:��► � 1: _ i- `• �a' _ �. 1 tZC� � Qom, � c..�C _ � � '_ ® ^- C V a.r' -1 �--� � L \ice• f � P_A Ps wil S IL ..i�� gc-as AND M NNOE# DA s+Et�Ewf p S NarE - . oAaE. Um preriOYe sChliorts LhVA dsooaed. • ". cAaoM 'J AR RAT1V E/SUPPLEMENTAL <P 550 (Rev 7-90 OR 042 �A1E cY wCpE�eigOall NCE TIME gx001 Narrative Corisiion report 5upplemmw Other: rrycouNTYtJ1XYCfALOMTPACT j NGC NUM9Eli aFF r ,.o. NUY6 TYPE SUPiE1ENTAL rx-APPLr ."El ❑ BA update ❑ Fatal ❑ Hazardous materials ❑ School bus v. NUMMU _ ❑ HW and run updal0 ❑ Oew: i RP041wG WTAtGT Ar CITATIWN NLUKA STATE HKNfWAY RELATED 7. y J . ; Ow proven ed aft wMll depleted vn i+t.• Yes 0 1 s - s OTT O -�c n��K\ 72. N,, 1 7. y J . ; Ow proven ed aft wMll depleted vn i+t.• ^ +.rawe O. C. .4. rNYrA• �AT.pt ID_ SPEED INFORMATION AdShEiOAD CONDITIONS Ow .oa /aiwtc,c nor 1 `:� AC/�//� ir�l�ttYY.l. AC CtOIr\ �pC a \TAY .Ctparf _ fl ai l.tN �wTi . //tt�wfl ACCIDENT SKID DATA CENTRIFUGAL SKID O"P41 Abapla LOCKED Wr(El TOTAL larCfY 1 FORMULAS _ EXAMPLE: CENTRIFUGAL SKSDMARK '•U. M►N L -I, R -F, 1. R. R.R. IONGiS DCTON ATOR ._ .laf ._w. OTHER DATA r. rNa.mwATl wccaaarT v .a tw {�Mr, Rake, t t.o. ruYlu _ 1 VaY1Cla L.C. OR tout., tap, CALCULATIONS DIAGRAM _ , '.E�i.✓ /UC N. S, rI LJ FORMULAS _ EXAMPLE: CENTRIFUGAL SKSDMARK '•U. M►N L -I, R -F, 1. R. R.R. IONGiS DCTON ATOR ._ D T N OTHER DATA r. Owttraw , t.o. ruYlu 1 VaY1Cla L.C. OR tout., tap, YAK • Ta AR �t.OKI wC \VAt. a.CaD OwTI CA41l..Tmo RAOw. aKa7 YCTNOD iR DMARKS 14tA7u RfD 11 la:ATN(R(lemp,) / TIY` r4NNiYN a.aaa.RO. CrART tower) awT ! /� To taT CCtOR rT A vl aT AC CfM iR ((l '�� ''o�� . �j t r. clw . ,.otcCAa.—.A a —IT wnwG r tOi «• aJR. rV Y.a. ... .• a�! •�. rVr.aw DRAG SLED DATA - - warGrT TVII ralGrT .Owrl Vt.A CAIC...... COa /, wolu aTY lrT Tw.0.a ARlusTaO t:Ol.�lGlr♦ CALCULATIONS DIAGRAM _ , '.E�i.✓ /UC N. S, rI LJ •••— . In' ,Y.. U'l r 0•ir• n ­1,1,ona n,­ to 1 2 $0 FORMULAS _ EXAMPLE: CENTRIFUGAL SKSDMARK c . �Mtral d—awto �twa Tr (ter% w -. alaYa ��� v •••— . In' ,Y.. U'l r 0•ir• n ­1,1,ona n,­ to 1 2 $0 SYMBOLS FORMULAS EXAMPLE: CENTRIFUGAL SKIOMARK .,, f -cea. aw ....c►r•+ _.. � -cae.o �.�. f� v• ca n7 .� a� Y -a^ala (--j _ _ t;. IR �YIM•ara •Tr - � � ... - f 1 i Q -aa.e Llaa Tr lwrj '�` w- w.ar.ra �w� • Y ,.. ��L:.. � }.... ,.. ... .� _ S 85 IQ ow 7-m C1f Or owal.� .erT..ws prs. M 4 ? d 1 1� • ow CALM Owww «NrrAT wArwoL :ID- SP'EEO tNFORMATfON •c GOa «r ru «lel we c.oa «f .,K•Tgr -cc, oa.T Oars rs .r •Aao o.. ra - ROAD CONDITIONS ACCIDENT SKID DATA ` CENTRIFUGAL SKID ti•, i� tN►E NOING LOCK" ra•EEL .,_ TOW AL j6way. r�Jr - - aaT • .el /D �.ec Taar« � w... «.e•olo.ra rs .fin•.:::_ var.0 ear. make M4-11) �� LOrGeat / L/"/ IV�T _. -... .. TEST SKID INFORMATION O. MFM L. 0'. .r. F, L.R. R.R. tONGGi DETONATOR -. ,.... QTHER OATH _ .. ... ._. 1. _. .. .. ..... Va«.Cla LK. Ow fOV.• r7. _rf `( Y(Aa�fapLAL Acr�A� viceo owra C.w4l.wrl0 w.o.■ a►aca MOD S IDM ARKS MEASURED W ILATNER (IlfRp,j 7.ME r�wia.v./�.� .s.�waso wwor cwAWT rr•Rr) Ac clot m Tasr Acclow r of • ❑ woL Arw►a or«lw YAws woLw rAwa o.- .. JT6 •. aaY�ownro o�w�ca w -wc .OIrT Coa•, or •w.GTpr � wr« -. ao ar.�D ow •.0 CU DRAG SLED DATA o ac�a.r .uLl rrc.c «r wow «uLA cAlcu:.rao col.- .o.0 srr crT rA aLa _ _ ,. wowsrae coa►r.c.arr __. usn «r. CALCULATIONS/DIAGRAM �E,- ,=�Ei �-e• ,SEA /��. � l� r�,=� = 3�. � 7 - SYMBOLS FORMULAS EXAMPLE: CENTRIFUGAL SKIOMARK .,, f -cea. aw ....c►r•+ _.. � -cae.o �.�. f� v• ca n7 .� a� Y -a^ala (--j _ _ t;. IR �YIM•ara •Tr - � � ... - f 1 i Q -aa.e Llaa Tr lwrj '�` w- w.ar.ra �w� • Y ,.. ��L:.. � }.... ,.. ... .� _ S 85 IQ ow 7-m C1f Or owal.� .erT..ws prs. M 4 ? d 1 ........ o. c.a a•o. r.. .Mi.a... ......t .ceps rt araw..■ .cuw.r. awc a.»r APCaO ■ +t Mfa ra.r aaa0 O. Ta ID -SPEED INFORMATION 4�,"r.40 DAD CONDITIONS ACCIDENT SKID DATA CENTRIFUGAL SKIC ��.•�r`,.. W.c.N..aG <OcKco MY<(L TOr.L ka.ae.. .cc ..f va+.acLa (year, miake. modtlj .. _;\ �tiU' _:y_= ::xti \�_Xti'?:a.'.s^.r:::j;: .vaK .c• S \ \\ TEST SKID INFORMATION Y.Y o — L_0. St.*. LONGiS "TOYMTOA OTYSR DATA "..a ■ T 3i Ya.Ica.a Mc. 0. lW.►• YO_ YAKa .ctu.a vaao o.Ta ca.. +.Tao H4ETY00 SKM44ARKS MiASU.a 1C0 7C aT1tiR�!!N{ /, TIY< .MT Taal .CCYNI.T Ta ■T ACGiOa.T Ta.T O aO<1 T... ❑ 0.... .�= T...G O...Ca• —.cGOa NT .�_ YVYaa. - gyp... p. •..CT.O. DRAG SLED DATA .aaT .aaT [0--a" ..- .a..Ja CL ..O.a S• .� Y.r.YVY /.a aO ..OY c+.. T !Omer) 'wit /.L !✓�� v�T' : 125 SYMBOLS FORMULAS EXAMPLE: CENTR IFUGAL SK IOU" K f — c «...a.a.. a ....clo+ t —c + «p :►►� %� as • - �' � c .// A a _� .. ... - -.. a.. a.....f ..— .�'afr =�...' aa— w�- e•.e..wla ff•��j'' r� U CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993-JA A RESOLUTION ADOPTING SOURCE REDUCTION AND RECYCLING AND HOUSEHOLD HAZARDOUS WASTE ELEMENTS WHEREAS, the City of South Lake Tahoe recognizes that it is in the public interest to enact and implement an integrated waste management plan to address State and local solid waste issues as well as emphasize the conservation of natural resources; and WHEREAS, pursuant to the provisions of Chapter 9, Title 14 of the California Code of Regulations, Planning Guidelines and Procedures for Preparing and Re %rising Countywide Integrated Waste Management Plans; and WHEREAS, the Source Reduction and Recycling Element and Household Hazardous Waste elements for the City of South Lake Tahoe and the East Slope unincorporated area of El Dorado County have been prepared in accordance with the abovementioned state regulations; NOW THEREFORE be it resolved that the South Lake Tahoe City Council adopts the Source Reduction and Recycling and Household Hazardous Waste elements for the City of South Lake Tahoe and the East Slope unincorporated area of El Dorado County. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a regular meeting on March 2. 1993, by the following vote: AYES: NOES: ATTEST: KLEIN, COLE, OSTI, DAVIS, DU QUITE MAYOR CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993-is APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 FOR THE EL DORADO BEACH LANDSCAPE PROJECT WHEREAS, the United States Congress has enacted the Intermodal Surface Transportation Efficiency Act of 1991, which is intended to provide over $200 million in federal doliars over a 6 -year period as matching funds to local state and federal agencies and nonprofit entities for transportation enhancement activities; and WHEREAS, the Department of Transportation has established the procedures and criteria for reviewing proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the recipients will be selected; and WHEREAS, said procedures and criteria established by the California Department of Transportation resolution certifying the approval of application by the applicants governing body before submission of said application to the California Transportation Commission and the State of California, and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the transportation enhancement activities project; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that: L The City approves the filing of an application for the Transportation Enhancement Activities Program for consideration for funding. 2. The City certifies that said applicant will make adequate provisions for operation and maintenance of the project. 3. The City appoints CAROL J. DRAWBAUGH as agent of the City of South Lake Tahoe to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completes of the aforementioned project. • PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on March 2, 19 93 • by the following votes: AYES. Couneilmembem KLEIN, COLE, OSTI, DAVIS, DU QUITE NOES: Counulmembem: ABSENT- Coundimembem Sb . pwc 1992-04 i .i � MrM s �,�� 9,: -i1 � �;,� ��'� Ya' � .� ..,, ,.r � � -. l i .., °.r •YS::,.:$M.`;t'W,�jq�� V, �F< c.!! K: Yii- `- :r1i+w+,;i�1.��;.,.- 9i•�,,1iL •/.MIc..til. - � :.'Ft +_ �(..irtc • •' o s 1�J _ � �r . � . 1 I f , r► , . .J6.I " �'� R R ♦ � ♦ *R � it I * tp kwvq 1 • 11M R lk 1p A i i � 11 t 'A1 nil 7.1 � •I ry t� t p ■ 1 `� • • `, ,>> R t R lot zl!� . ...... IRS go _ � 1 " do �^ _ A • �� ~�� •.�' it � I �� '��� x��'�t'�� - . � �`� `' �J � '�t,�'�," Ifs si �r � .+r.'� �q'" •�� ' �r` � �''�'-.:.irrr -.� `. .._— - r ♦ t 7, !! 1!" K 111111111r y w• { , l�'r.." . _. ...�._. _ ._.... _ n � ( � �A • ♦ � - `E r • �. m • 0 n RESOLUTION NO. 1993-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE ADOPTING THE FISCAL YEAR 1992/93 OPERATING BUDGETS FOR THE CITY OF SOUTH LAKE TAHOE VEHICLE REPLACEMENT FUNDS AND ALLOCATION OF SPECIFIC AMOUNTS RESOLVED, by the City Council of the City of South Lake Tahoe that: WHEREAS, It is in the interest of orderly community operation for the City to establish an annual budget for the replacement of City owned vehicles, and WHEREAS, This is the fifth year of the 20 year vehicle replacement program, and WHEREAS, Only those vehicles that are in true need of replacement are being considered for replacement this buget year. NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED THAT: Section 1. The following budgetary amounts are adopted: Account Number 230 -401- 6010 -7461 230 - 401 - 6010 -7511 230 -401 -6010 -7512 231 - 401 - 1301 -7461 231 - 253 - 0000 -9999 001- 401 - 1301 -8067 230 -401- 6010 -8067 620 - 253 - 0000 -9999 Account Number 001 - 253 -0000 -9999 230 - 301 -6010 -3992 230- 253 -0000 -9999 620 - 301 -2606 -3992 231 -301- 1301 -3106 Title of Account Amount Capital Outlay $ 197,738 Cat Lease Payment 37,713 4WD Dump Truck Lease 12,988 Snow Removal Leases 196,3910 Snow Removal Fund Balance 2,292 Gen. Fund Transfer Out 162,132 Veh. Rep. Transfer out 25,851 Airport Fund Balance 25,851 Title of Account Amount General Fund Balance $162,132 Veh. Rep. Transfer In 162,132 Veh. Rep. Fund Balance 112,158 Airport Transfer in 25,851 Parcel Fee Receipts 198,682 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City C C7 of South Lake Tahoe that the amounts for the 1992/93 Fiscal Year Budget are hereby adopted. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on March 2 , 1993 by the following vote. AYES: Councilmembers KLEIN, COLE, OSTI, DAVIS, DU QUITE NOES: Councilmembers ABSENT: Councilmembers CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE ADOPTING THE FISCAL YEAR 1992/93 CONSTRUCTION BUDGET FOR THE CITY OF SOUTH LAKE TAHOE CAPITAL IMPROVEMENT PROGRAM AND ALLOCATION OF SPECIFIC AMOUN -LS that: RESOLVED, by the City Council of the City of South Lake Tahoe WHEREAS, the City Council wishes to establish and adopt the 1992 /93 CAPITAL IMPROVEMENT FUND budget; and WHEREAS, the 1992/93 - 1996/97 5 year proposed Capital Improvement Plan remains essentially the same as the prior 5 year plan; and WHEREAS, the projects contained in this budget resolution have been approved in the 1991/92 - 1995/96 5 year Capital Improvement Plan and /or subsequently. NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED THAT: Section 1. The following budgetary amounts are allocated as noted: BUDGET LINE ITEM DESCRIBTION (Revenue Account Number Title of Account Division 4010 - Parks and Recreation 410 -301- 4010 -3660 State Grant Receipts Division 4020 - Municipal Engineering 410 - 301 -4020 -3660 State Grant Receipts 410 - 301 -4020 -3903 State Erosion Grants 0 Amount 918,720 866,957 600,262 Division 4030 - Public Works 410- 301 - 4030 -3992 Transfer In- General Fund 8,032 Division 4040 - Airport 410- 301 -4040 -3601 FAA grant 1,191,333 410- 301 -4040 -3883 Passenger Facility Charge 90,000 Division 4060 - Safety & General 410 - 301 -4060 -3992 Transfer In- Redevelopment 331,100 001 - 253 - 0000 -9999 General Fund Balance 8,032 410- 253 -0000 -9999 Capital Projects fund Bal. 570,609 BUDGET LINE ITEM DESCRIBTION (Expenditures) Account Number Title of Account Amount Division 4010 - Parks and Recreation 410 - 401 -4010 -7367 410 -401- 4010 -7607 410- 401 -4010 -7386 410- 401 - 4010 -7370 410- 401 - 4010 -7601 410- 401 -4010 -7629 410 -401- 4010 -7621 Bijou Community Park Bijou Creek Wetlands Bijou Golf Course El Dorado Beach Landscape El Dorado Boat Launching Lake Christopher ECP Parks & Rec Master Plan Division 4020 - Municipal Engineering 410 -401- 4020 -7371 410 - 401 -1020 -7633 410- 401 -4020 -7349 410 - 401 - 4020 -7330 410 -401 -4020 -7345 410- 401 - 4020 -7384 410 -401- 4020 -7641 410 - 401 -4020 -7326 410 -401- 4020 -7637 410- 401 - 4020 -7636 410- 401 - 4020 -7344 410- 401 -4020 -7231 410- 401 - 4020 -7385 410 - 401 -4020 -7332 410- 401 -4020 -7642 410 - 401 -4020 -7337 • Al Tahoe - Johnson Signal Al Tahoe - Pioneer ECP Bike Trails D St Erosion Control General Erosion Control Gardner Mtn.Erosion Control Lakeview Ave. Drainage Loop Road Saddle Rd.- Sterling Crt ECP Ski Run SEZ Restoration South Street Extension South Y Terminal Stateline Erosion Control Tahoe Valley Erosion #1 12th Street ECP Wildwood Drainage $279,332 147 8,349 48,875 310,224 556,277 9,224 118,996 547 39,500 20,000 9,000 150,511 20,000 447,858 80,000 178,140 44,143 250,000 76,449 12,000 85,000 6,534 0 • • Division 4030 - Public Works 410 -401- 4030 -7640 Dumpster Enclosure 10,614 410- 401 - 4030 -7205 Public Works Storage 42,111 410 - 401 -4030 -7638 STAGE Bus Garage 51,191 410 - 401 -4030 -7622 Underground Tanks 30,000 Division 4040 - Airport 410 -401 -4044 -7428 Ai sort Sign 43,000 410 - 401 -4040 -7635 Fence Airport Perimeter 33,449 410 -401- 4040 -7643 Hangar Taxi Lanes 990,000 410 -401- 4040 -7429 Hazard Beacon 50,000 410 -401- 4040 -7107 Runway Protection Zone 100,000 Divisions 4060 & 4070 Safety & General 410 -401- 4070 -7639 Cultural Arts Master Plan 14,509 410 -401 -4060 -7619 Fire Station Relocation 331,100 410 -401 -4070 -7353 Emergency Equipment Program 59,700 410 -401- 4070 -7392 General Plan Update 72,527 410 - 401 - 4060 -7229 Remodel Station 2 706 001 - 401 -1301 -8067 Transfer to Capital Projects 8,032 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South Lake Tahoe that the amounts for the 1992/93 Fiscal Year Capital Improvement Projects Budget are hereby adopted. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on March 2 , 1993 by the following vote. AYES: Councilmembers KLEIN, COLE, OSTI, DAVIS, DU QUITE ® CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993-18 RESOLUTION APPROVING PARTICIPATION IN THE CIWMB WASTE OIL RECYCLING ENHANCEMENT PROGRAM • WHEREAS, the City of South Lake Tahoe is committed to the concept of recycling resources whenever possible; and WHEREAS, the recycling of waste oil is an environmentally sound practice; and WHEREAS, the California Integrated Waste Management Board is providing additional financial incentive through the Waste Oil Recycling Enhancement Program; and WHEREAS, the City of South Lake Tahoe applauds the CIV3M for providing such incentive programs and encourages the development of additional programs; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of South Lake Tahoe, to participate in the Waste Oil Recycling Enhancement Program- PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a regular meeting on March 16, 1993, by the following vote: AYES: KLEIN, COLE, OSTI, DAVIS & DU QUIT£ NOES: is • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 19 9 3 -19 APPROVING COLLECTION AGREEMENT BETWEEN THE CITY OF SOUTH LAKE TAHOE AND LAKE TAHOE MANAGEMENT BASIN UNIT, USDA FOREST SERVICE ($19,597) RESOLVED, by the City Council of the City of South Lake Tahoe, that: WHEREAS, it is necessary that an agreement be entered into between the City of South Lake Tahoe and Lake Tahoe Management Basin Unit, U.S.DA. Forest Service for erosion control work between Verdon Lane and Regina Road. NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that 1. The City Council of the City of South Lake Tahoe hereby approves the agreement between Lake Tahoe Management Basin Unit, U.S.D.A. Forest Service and the City of South Lake Tahoe; and, 2. The Council hereby authorizes execution of said collection agreement by the Mayor, a copy of which is attached hereto and incorporated herein. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on March 16 . 19 93 • by the following votes: AYES: Councilmembers: KLEIN, COLE , OS T I , DAVIS & DU QUITE NOES: Councilmembers: ATTEST: polo n • • City of South Lake-Tahoe Resolution No. 1993-,20 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SOUTH LAKE TAHOE CITY EMPLOYEES ASSOCIATION WHEREAS, the City of South Lake Tahoe and the South Lake Tahoe City Employees Association have met and conferred in good faith in accordance with the provisions of the Meyer - Milias -Brown Act of the California Government Code; and WHEREAS, the South Lake Tahoe City Employees Association has ratified the Memorandum of Understanding for the Period October 1, 1992 through September 30, 1993, NOW THEREFORE IT IS HEREBY DETERMINED AND ORDERED THAT: This Council approves the Memorandum of Understanding between the City of South Lake Tahoe and the South Lake Tahoe City Employees Association, which is attached hereto and incorporated herein by reference as though fully set forth. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on March 16 ,1993 by the following vote. AYES: Councilmembers COLE, OST I & !xl QUITE ARTICLE 1. GENERAL PROVISIONS Section 1.1 - PREAMBLE This Memorandum of Understanding is entered into by the City of South Lake Tahoe (hereinafter referred to as the City) and the South Lake Tahoe City Employee's Association, affiliated with El Dorado County Employee's Association and Public Employee's Union Local #1, (hereinafter referred to as the Association) after having met and conferred in good faith regarding wages, hours, and terms and conditions of employment of those employees in the representation unit identified in Attachment A. It is the inte;;t of the parties to set forth herein their entire agreement resulting from such discussions. Upon ratification by the City Council and the Association membership, this Memorandum of Understanding is binding under Government Code sections 3500- 3510 (the Meyers - Milias -Brown Act) for the period commencing October 1, 1992 and ending September 30, 1993. Effective April 1. 1993, Articles 2, 3, and 4 reopen for negotiations. Section 1.2 - RECOGNITION The City recognizes the South Lake Tahoe City Employee's Association, affiliated with the El Dorado County Employee's Association and Public Employee's Union Local #I, as the exclusive bargaining agent for the purposes of establishing wages, hours and terms and conditions of employment, for all permanent status employees in the current classifications shown on Attachment A. Section 1.3 - MANAGEMENT RIGHTS The Association acknowledges the City's rights and responsibilities as delineated in the current Section 17 -4 of the Gity Personnel Rules and all applicable state and municipal laws; except both parties acknowledge the responsibility to meet and confer on any impact such actions may have on the wages, hours and terms and conditions of employees covered by this memorandum of understanding. Section 1.4 - ASSOCIATION REPRESENTATION AND COMMUNICATION A. Time off for Rer}resentation City employees who are official representatives of recognized employee organizations shag be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of nPresentation are being considered. The use of official tirne for this purpose shag be reasonable and shall not interfere with the performance of City services as determined by the City. ® the employee will sign a waiver releasing the Association from representation in cases of discipline, grievance, and arbitration. For the purpose of negotiations, the employee will continue to be represented since the Association negotiates wages, benefits, and working conditions for the classification in which the employee is assigned. Within 14 days of receipt of the notice of these options the employees shall return the form setting forth the option selected. If an empooee does not properly complete and return the form, the City shall commence and continue a payroll deduction of service fees from the regular biweekly pay of such employee. 2. The City of South Lake Tahoe shall hold harmless, indemnify and defend Local 1 from and against all claims or actions which may arise as a result of this Section herein which provides that non -dues paying members represented by Local 1 are not entitled to representation by Local 1 concerning issues relating to discipline, arbitration, grievances, wrongful termination, or any other type of dispute whatsoever which is not directly related to salary and/or benefits granted to employees otherwise represented by the Association. In the event any assertion of right to representation for such purpose is made by any of the non - represented persons, present or future, to which this provision applies, the City reserves the right, at its own cost and expense, to suspend any such grievance, disciplinary action, or any proceeding and shall secure a judicial determination as to what legal obligations, if any, exist and what steps should be taken, if any, as a result of the Memorandum of Understanding provision at issue herein. 3. The Association may have the regular dues, fees, and assessments of its members deducted from employees' paychecks under procedures prescribed by the City. Employees desirous of such deductions must sign and submit an Employee Payroll Deduction Authorization (PDA). All duly authorized PDA's will be processed promptly. Deductions authorized in the above manner will be accumulated and forwarded on a regular basis to the authorized payee(s). 4. Any unit employee who has a dues deduction authorization on file with the City on the date this agreement is ratified, small be subject to the Maintenance of Membership provisions of this agreement. 5. It employees have a dues deduction on file, it is understood that the dues WN be deducted for the duration of this agreement, or until the last day of the pay period during which the transfer of the employee to a u t* represented by another recognized employee organization or to a class not contained in a representation unit is effective, whichever occurs first.. Employees covered by 3 0 fee in lieu of Association membership or service fee payment. Declarations or applications for religious exemption and any other supproting documentation shall be forwarded to the Association within fifteen days of receipt by the City. The Association shall have fifteen days after receipt of a request for religious exemption to challenge any exemption granted by the City. If challenged, the deduction to charity shall commence, but shall be held in escrow pending resolution of the challenge. Charitable contributions shall be by regular payrofl deduction only. Deductions made pursuant to this section shall be given to the United Way, Christmas Cheer, or Lake Tahoe Voluntary Action Center. 3. Hold Harrnless The Association shah indemnify, defend, and hold harmless the City, its officers, employees, and agents acting on its behalf from and against any and all losses, damages, costs, expenses, claims, demands, actions, suits, judgements, and other forms of liability arising out of the application or enforcement of this section. In no event shall the City be required to pay from its own funds Association dues, service fees or charitable contributions, which the employee was obligated to pay, but failed to pay, regardless of the reasons. Section 1.5 - PAST PRACTICES The City and Association agree that those policies and practices affecting the wages, hours, or working conditions of employees in this unit not specifically amended by this Memorandum of Understanding wig not be changed until and unless the Association and City have met and conferred prior to any change. Section 1.6 - CONCERTED ACTIVITIES It is agreed and understood that there will be no strike, work stoppage, slow -down, picketing, or refusal or failure to fully and faithfully perform job functions and responsibilities or other interference with the operations of the City by the Association or by its officers, agents, or members during the term of this agreement, including the recognition of picket lines or additional compliance with the request of other labor organizations to engage in such activity. The Association recognizes the duty and obligation of its representatives to comply with the provisions of this agreement and to make every effort toward encouraging all employees to do so. In the event of a strike. work stoppage, stow - donna, or other interference with the operations of the City by employees who are represented by the Association, the Association agrees in good faith to take all necessary steps to cause those employees to cease such action It is agreed and understood that any employee violating #is article may be subject to discipline up to and including termination by the City. 5 Overtime is defined as aU management authorized hours worked in excess of forty (40) hours in paid status per workweek. Time spent in voluntary training is not considered time worked for the purposes of overtime calculation. Permission to work overtime must be granted by the employee's department head or his/her designated representative. No overtime, except emergencies, may be aufficrized unless sufficient funds have been budgeted for that purpose. B. Payment Overtime over one - quarter of an hour shah be paid at the rate of one and one -half (1 112) times the employees regular rate as defined by the Fair Labor Standards Act, or may, at the request of the employee and with prior approval from the appointing authority, be converted to compensatory time off at the rate of one and one -half (1 1/2) times the hours worked. C. Accrued Com nsatory Time When elected, compensatory time earned shall be accrued at the end of each workweek, based on the total number of overtime hours in the workweek. Compensatory time earned within one workweek cannot be used within that same workweek. - Compensatory time off shall not be allowed to accumulate beyond a maximum of eighty (80) hours at any given time. Once a maximum of eighty (80) Fours of compensatory time has been accrued, all additional hours of overtime worked shad be paid at the overtime rate. Employees may elect to receive payment for A or any portion of their accrued compensatory time hours on the books. Such payment shall be at any time during the year. A minimum of 10 hours of compensatory time must be submitted each time payment is requested. When an employee separates from City service, helshe shad receive payment for any unused compensatory tune on the books at that time- Such payrnent va be Rude at the employee's rate of pay at the lime of separation. D_ Scheduling of Work Weeks in the Parks & Recreation Department It its the intention of the Parks and Recreation Department management to schedule 7 Q. Exclgsions ' Shift differential pay shall not apply to any paid leave hours nor to any hours scheduled within the qualifying periods for the convenience of the employee. E. Night Shift Ass n� menu Seasonal night shift assignments in the Public Works Department will be made in a fair and equitable manner. taking the following criteria into consideration: 1. Volunteers 2. Special required skills 3. Seniority If none of the volunteers or least senior persons possess the special skills the Department has determined are required, the Department will assign the least senior person who has the needed skills. Section 2.5 - SPLIT SHIFT DIFFERENTIAL The City agrees that those permanent employees in the Parks and Recreation Department who are ordered or authorized through approval of their schedule by Smanagement to work a split shift shall receive seven dollars and twenty -five cents ($7.25) for each split shift worked, (said payment to be) in lieu of any shift differential pay. In order to qualify for a split shift differential, a permanent employee must work a total of at least eight (8) hours with a break between work periods that is in excess of normal meal breaks. . Section 2.8 - ACTING PAY Employees may be assigned by management to temporarily assume some or all of the duties of a position which is vacant due to a temporary absence or termination of the incumbent. Additional compensation shall be given for such assignments when the following provisions have been met: a. The assignment is made in writing by the Department Head or his/her designated representative and approved by the Personnel Director. b. The employee is assigned to perform a significant majority of the duties of a budgeted vacant position in a higher paid ciassicabor�. C. The duties of the higher mass are assigned to and performed by Me designated employee for forty -eight (48) or more regular. consecutive work hours. is certification pay is granted. Employees will be reimbursed for application, registration and testing fees for the above certifications, upon successful completion of the tests. Section 2.8 - WELDING CERTIFICATION PAY Full -time employees occupying the classifications of Equipment Mechanic Leadworker and Equipment Mechanic shall receive twenty dollars ($20.00) per month in addition to their regular rate of pay for possession of each of the certificates issued by the American Welding Society for flat, horizontal, vertical or over -head welding. However, the City shall make such payment for no more than the first four (4) welding certificates earned among all employees in the Motor Pool Division. Employees who are eligible for certification pay will be reimbursed for the registration fees they have incurred in taking welding classes. Such reimbursement shaft only be made upon successful completion of the certification test and is dependent upon prior approval of the course by the Public Works Director. Such requests for prior approval of welding classes shall not be unreasonably denied. Section 2.9 - SHARED POSITIONS iPermanent full -time positions shared between the Public Works and Parks and Recreation Departments shall meet the service eligibility requirements for promotion to Senior Maintenance Worker class after completion of eighteen (18) months service in the shared positions. At the time a shared employee is transferred from one department to another, his/her salary shall continue at the same step in the salary range for the class to which he/she is assigned. • Section 2.10 - WEATHER OBSERVATION PAY Unit employees at the airport so volunteering will be trained to perform weather observations. Once trained, employees shall receive an additional payment of five dollars ($5.00) for each requested observation performed. The City shall pool earnings collected under this program and distribute monies earned equally amongst the participating employees. Salary ranges for all classifications in the General and Public Works barg"WV units in dw amours shown on Attadunents A and 8. I scheduled work day immediately preceding the holiday and on hisAw first regularly scheduled work day immediately following the holiday. Fixed holidays which occur while an employee is on paid vacation or sick leave shall be charged to holiday hours and not the employee's vacation or sick leave balance. on • . • �• Employees who work on any fixed holiday at the direction of their supervisor shall be paid, or at the request of the employee given compensatory time off, at the overtime rate for the number of hour$ worked and, in addition, shall receive his.1her regular holiday pay- Public Works, Parks Department, or Airport employees who are engaged in snow removal or felated motor pool support activities on Thanksgiving Day, Christmas Day, or Christmas Eve shall be paid, or at the request of the employee given compensatory time off, at the rate of 2.5 times their base hourly rate for the number of holiday hours worked and, in addition, shall receive their regular holiday pay. "Holiday worked hours' as used in this provision shall be defined as all hours within a shift that begins between 12:00 a -m. and 11:59 p.m. on a fixed holiday. E. Floating Holidays In addition to the fix ed holidays o xiays specified above, employees shad be granted forty-two (42) hours of floating holidays on January 1 of each year. New employees shall be granted floating holidays on a monthly pro-rated basis, and regular part -tine employees shall be granted floating holidays on a pro-rated basis, given the ratio of their budgeted work week schedule to full time. Floating holidays may only be taken with the prior approval of the employee's supervisor in accordance with the 'scheduling of leave time' section below. Employees must use all floating holiday hours earned within the calender year. Any floating holiday hours remaining on the books on December 31 of each year shall be forfeited with no payment. Any floating holiday hours remaining on the books on an employee's termination date shall also be forfeited with no payment. Iwo Employees covered by this agreement shall aoarue vacation leave each payperiod in relation to their years of continuous service in a permanent - status position as follows: 13 0 preceding the return of hours. ; The employee will be compensated for such returned vacation hours at the salary rate in effect for that employee at the time the hours are returned to the City. The minimum number of hours that can be returned at any one time is ten (10) hours. Any employee who is given a disciplinary action that results in a loss of pay shag be excluded from use of this provision for sixty (60) calendar days from the date he/she receives the notice of intent to take such disciplinary action. E_ Additional Vacation Accrual The City and Association agree that employees covered by this MOU may elect to accrue either forty (40) or eighty (80) additional hours of vacation per year provided, however, that any employee who so elects this additional accrual will -take a reduction in pay equivalent to the additional hours accrued. This additional accrual must be accomplished over a twelve (12) month period of time, and flours purchased win be credited to the employee's vacation balance each payperiod as follows: 40 hours purchased = 1.54 hours vacation accrual each payperiod 80 hours purchased = 3.08 hours vacation accrual each payperiod Employees must use all additional vacation hours accrued under this provision within twelve months following completion of the additional accrual. The provisions of section 3.6 (Scheduling of Vacation, Floating Holidays, and Compensatory Tune Off) shall apply to this additional vacation accrual. F. Pay for Unused Vacation Upon termination from employment with the City, every permanent or probationary employee who has served the City six (6) months or more from his/her base anniversary date shall be paid for all unused vacation earned prior to said termination date. Payment for unused vacation shall be determined by the rate of pay for the position upon the date of termination. • • . D . 1 1. • In the event one or more holidays I[aft whin an mVbye&s annual vacatim Wad, such holiday shall not be charged as vacation leave. provided, howver. vacabm shad be charged to those employees who receive regular holiday pay jor such time. 15 Any employee leaving City service in good standing after ten (10) years of satisfactory service shall receive a payment equivalent to one -half (112) of the employee's unused sick leave balance on record on the date of termination. For the purposes of this payment, service shall be calculated from the date of original appointment to a permanent- status position. 4. Em yees Who Die While in Active Service The estate of any employee who dies while in active service with the City shall be paid an amount equivalent to one hundred percent (100°x) of the employee's unused sick leave balance on record on the date of death. Payment made on behalf of the deceased employee under this provision shall be paid to any person so designated in writing by the employee or the heirs of the employee, and filed with the Personnel Office. 5. Calculation of Dollar Value of Sick leave For the purpose of this section, the amount equivalent to accumulated sick leave balances shall be determined by applying the employee's current rate of pay at the time of the payment for unused sick leave- Section .4 - DONATED SICK LEAVE BANK A. Donations The Personnel Department shall establish and maintain a sick leave bank to faci6ttate the voluntary contribution of sick leave hours to employees who have experienced a serious illness or injury, and need additional paid leave. Employees may elect to donate a portion of their accrued sick leave hours to a side leave bank. Employees wishing to donate sick leave hours will submit a signed memo to the Personnel Department stating the number of hours they desire to donate to the sick leave bank. The Personnel Department shall deduct the specified number of hours from the employee's accrued sick leave, and credit the sick leave bank with the same number of hours_ Once an employee has donated sick leave hours the employee cannot retrieve those hours except as provided below. B. Aeauests for Hours Employees who need additional sick leave as a result of a serious mess or k*" occurring to themselves or to family members, such that they would be ekjdAe go use accrued sick leave, may submit to the Personnel Deparkaent a request for sick leave • hours from the sick leave bank subject to the following criteria: 17 Employees shall request time off in advance, and the employee's supervisor shall notify the employee as soon, as possible of his/her approval or denial. No employee who has made a reasonable request(s) to use his/her accrued time and has been denied such use, shall lose the accrued time requested. Section 3.6 - DRIVERS LICENSE RENEWALS The City agrees that employees who are required as a condition of continued employment (as indicated in the job specification) to maintain a valid California Class A or B driver's license shall be granted up to two (2) hours paid time off for the purpose of completing the required medical and Department of Motor Vehicle written exams. Such time off shall also be granted to employees in the Streets Maintenance Worker and Airport .Maintenance Operations Technician classes who hold or obtain a Class A or B driver's license. ARTICLE 4. BENEFITS Section 4.1 - INSURANCE BENEFITS Employees covered by this agreement shall be eligible to receive the insurance benefits outlined below. Summary plan descriptions and/or formal plan documents for ® these benefit programs are available from the City Personnel Department and are hereby incorporated by reference into this agreement_ For employees who work 30 hours per week or more, the City shall pay the monthly premium costs for the medical/dental and vision insurances for both employee and dependent coverage as outlined below_ For regular- status employees who work less than 30 hours per week, the City shall pay the premium cost for employee coverage only. Such employees may purchase dependent coverage by payment of the - difference between the employee only and family premiums through payroll deduction. A_ Vision Care The City shall continue to provide a vision care program for all unk employees and their dependents. B. State Disability Insurance AD employees in this unit shall participate in the California State Disability insurance Plan. The premiums required for particotion in this program shall be kAy paid for by Me ernplayee th wo regular payroll deductions. C. Life Insurance ® The City shall provide a $25,000 life insurance benefit to all employees in the unit. 19 L-1 Section 4.4 - EMPLOYEE ASSISTANCE PROGRAM The City shall continue to provide an employee assistance program to provide psychological counseling services to al unit employees and their dependents. The benefits provided under this program shall be as described in the program description available from the Personnel Department. Section 4.5 - EMPLOYEE WELLNESS AND PHYSICALS A. Task Force The Wellness Task Force and the 'Wellness Program' adopted by the City Counca� shall continue during the term of this agreement. B_ Physical Exams The City shall provide a fully paid physical exam performed by the City - selected physician once every two years. For employees required to maintain Class A or B drivers licenses the physical shall include all DMV required exams and completion of DMV required forms. Employees required by O.S.HA. regulations to have specific physicals related to their employment may have those tests incorporated into this physical exam, but in no event will be eligible for two physical exams at City expense. Employees may elect to have their periodic medical examination conducted by a physician other than the regular physician designated by the City. If this occurs, the City shall reimburse the actual cost of the physical to the employee, but such reimbursement shall not exceed the amount which would have been paid to the City selected physician_ The results of this medical exam shall be seat by the physician to the Personnel Director. however, in order to protect the patient/physician relationship, such information shall not be public. The results of the examination shall only include information related to the capability of the employee to meet the requirements of the position as determined by the physician. The City shall incur no further responskiWy for the employee's compliance with the advice or suggestions of the physician, nor for any additional treatment expenses not already covered by other employee benefits. The City and the Association agree that preventive medical treatment for employees and dependents is effective in reducing health plan costs. Accordin* employees we receive a cash payment of $200 per year for the purpose of financing awl physical 21 The City agrees to continue the current uniform provisions and cleaning service for the following maintenance employees: street maintenance, airport maintenance, building crafts, motor pool, parks, and police maintenance. The City shall provide a uniform allowance for the Police Secretary position of $298 per year, to be paid in two equal payments in the last pay period in June and December of each year. Employees in the Public Works Department who are designated as Public Services Officers during snow removal season shall receive a $204 payment the first pay period in October for the purchase of cold weather clothing. This benefit is limited to two (2) employees. During the Fiscal Year 1992193, a comparative test of cotton uniforms with the standard polyester uniforms will be conducted in Public Works. During July 1994, the City and the Association shall discuss the trial of cotton uniforms prior to letting the next contract for Public Works uniforms. Section 4.8 - EMPLOYEE TRAINING A- Tuition Reimbursement 4C The City shall reimburse employees up to $1000 per fiscal year for expenses they have incurred for tuition and books in taking an approved college or university level course. Only courses which relate to the employee's current position with the City or would prepare the employee for advancement within that career field wM be considered as eligible for tuition reimbursement. Reimbursement shah not be made until employee submits documentation of expenses and successful completion of the course. In order to be eligible, an employee must submit a plan by May 1st for the upcoming budget year. Late requests may be approved at the discretion of the Department Head. B. Training Courses Upon approval of the Department Head, employees may be authorized to attend job - related training programs during regular working hours. When the needs of the City services so require, the appointing authority may direct an employee so attend a M(X6 s or conference as part of the professorial training required im the posWax When such attendance is authorized or directed, payment for trainirV4dated expenses shag be paid by the City in accordance with authorized travel expense reimbursement policy. and- shall be distinct lrora the compensation paid for *M Mworked' 23 sufficiently in advance to allow a representative to be present during the presentation of the disciplinary document. ' No employee shall be subject to restraint, coercion or reprisal as a result of filing an appeal under this procedure. Section 5.4 - TIME LIMITS Failure of the employee to file an appeal within the required time periods specified for any level of this procedure shall constitute an abandonment of the disciplinary action appeal. Failure of the City to act within the required time periods shall result in an - automatic advancement of the appeal to the next step_ Time limits specified in this procedure may be extended by mutual written agreement between the employee or his/her representative and the City. The tern, "submit to', as used in this procedure shall mean the actual delivery of the document to the addressee's normal place of business. Section 5.5 - WRITTEN REPRIMANDS AND SUSPENSIONS WITHOUT PAY OF LESS THAN THREE DAYS The "pre - action' requirements of these procedures shall not apply to written reprimands or to disciplinary suspensions without pay of less than three (3) days. An employee who receives two (2 ) or more written reprimands on the same or related issue in any twelve (12) month period, or a disciplinary suspension without pay of less than three (3) days, may appeal such actions to the City Manager, in accordance with the procedures set forth in the subsequent paragraph 'City Manager Review." The City Manager's decision on such actions shall be final. Employees may also file a written response to any written reprimand, and such response shall be filed in the employee's personnel file. Upon request by an employee, written reprimands which have been in an employee's file for two (2) or more years will be removed if no subsequent disciplinary actions have occurred. Section 5.6 - PRE - ACTION PROCEDURE Prior to imposing disciplinary action involving a suspension wWuxd pay of three (3) or more woexing days, reduction in pay, demotion, or discharge. the &VwAsw or division manager small first provide the employee an advance wriitten notice of the proposed action, including the folowing: • ). The specific disciplinary action being proposed. 25 submitting to the City Manager a written request for a hearing by an outside hearing ® officer. Such appeal must be submitted to the City Manager within ten (10) working days after receipt of the designee's decision. The outside hearing officer shall be selected by the Personnel Director and the appellant from a list of qualified individuals provided by the State Mediation and Conciliation Service. The City and the appellant shall alternately strike names from the list. The last name remaining shall be the hearing officer. The party striking fast shall be determined by lot. Upon mutual agreement, and with the consent of the hearing officer, the City and the grievant may submit written materials to the hearing panel in lieu of holding a hearing. All interested parties shall be notified in writing by the Personnel Director of the date, time, and place of the hearing at least ten (10) working days prior to the hearing. The hearing shall be conducted under the following rules: I- All hearing shall be private; provided, however, that the appellant may request a hearing open to the public. 2. Proceedings of the hearing shall be recorded but not transcribed except at the request of either party. The party requesting the transcript shall bear the expense involved unless shared expenses are agreed to by both parties. Should either party request transciption, a copy shall be made available to the other party. 3. Either the City or the appellant may call any individual as a witness and/or the hearing officer shall (as legally authorized by City Council action) issue subpoenas by request of either party. If a witness(es) called is a City employee, the City agrees to grant paid release time from work for the period of testimony. The appellant shall appear in person at the hearing, unless physically unable to do so. 4. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most conducive to determinations of the truth. 5. Each party shall have the following rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses;.lo introduce evidence; to cross - examine opposing witnesses on any matter relevant to the issues; and to rebut the evidence against hi rOw. 6. Oral evidence shall be taken only on oath or affirmaWm 7. The hearing officer shall determine relevancy, weight, and credibility of 27 ® Section 6.3 - REPRESENTATIOMO REPRISAL A grievant may be presented by individual(s) of his or her choice in preparing and presenting a grievance at any stage of this procedure. The City shall grant a reasonable amount of paid release time from work for one employee as identified by the grievant to assist the grievant in preparing and presenting the grievance at any level of this procedure. Where the grievant has identified a representative or representatives, such representative(s) shall be notified of all formal actions occurring on the grievance. Where the grievant has not identified the Association as their representative, the Association shall be notified of the grievance if such grievance reaches Step Ili. The Associatiorr shall have an opportunity to comment on all grievances and proposed solutions at the Step Ill level. No grievance shall be resolved contrary to the provisions of this agreement without the concurrence of the Association. No employee shall be subject to restraint, coercion, or reprisal as a result of filing a grievance under this procedure. Section 6.4 - TIME LIMITS Failure of the employee to act within the required time periods specified for any level of this procedure shall result in a resolution of the grievance at the last step pursued. Failure of the City to act within the required time periods shall result in an automatic advancement of the grievance to the next step of the procedure. Time limits specified in this procedure may be extended by mutual written agreement between the grievant or his/her representative and the City. The terms 'submitted to` as used in this procedure shall mean the actual delivery of the document to the addressee's normal place of business. . -� Every attempt will be made by the parties to settle the issue at the lowest possible level. Only upon mutual written agreement between the parties involved may any stage of this grievance procedure be waived. Seo I. SupQrvi r Vliithiin thirty (30) days following knowledge of the event or action on wtikh the grievance is based, the employee shag notify his/her immediate supervisor either orally or in writing of the nature of the grievance. Within ten (10) working days of being notified of the grievance, the supervisor shad meet with the grievant„ investigate the 29 0 than fifteen (15) working days after receipt of the appeal by the City Manager. The grievant, the concerned department head, and any other parties requested by the City manager or designee shall attend the meeting and present oral or documentary evidence relevant to the grievance. The City Manager or his/her designee may also conduct such other independent investigation of the grievance as he/she deems necessary. Within ten (10) working days following the meeting, the City Manager or his/her designee shall issue a written decision to all parties directly involved in the grievance. ,gyp IV - Hearing Officer If the resolution presented by the City Manager or designee is not satisfactory to the grievant, the grievant may, within ten (10) working days from receipt of the decision, submit a written request to the City Manager for a hearing by an outside hearing officer. The outside hearing officer shall be selected by the Personnel Director and the grievant from a list of qualified individuals provided by the State Mediation and Conciliatica Services. The City and the grievant shall alternately strike names from the list. The last name remaining shall be the hearing officer._ The party striking first shall be determined by lot. Upon mutual agreement and with the consent of the hearing officer, the City and the grievant may submit written materials to the hearing officer in lieu of holding a hearing. If the grievant is not represented by the Association. the Association shall have standing at any hearing as a party of interest, but shall not be responsible for costs of the hearing officer. All interested parties shall be notified by the Personnel Director in writing of the date, time, and place of the hearing at least ten (10) working days prior to the hearing. The hearing of the grievance shall be conducted under the following rules: a} All hearings shall be private; provided, however, that the grievant may request a hearing open to the public. b.) Proceedings of the hearing shaA be recorded but not transcribed, except at the request of either party. The party rig the transcript shall bear the expense involved unless shared expenses are agreed to by both parties. Should either party request transcots, a copy snail be made available to the other party. 31 ARTICLE 7. LAYOFFS Section 7.1 - ORDER OF LAYOFFS Persons shall be laid off in the following order. a. Layoff shall be by department and class within the department except as otherwise noted herein. b. All extra help, temporary, limited term, seasonal, and provisional employees in the same department and witahin the same class shall be laid off before any regular employee is laid off. C. _ When it becomes necessary to reduce the force in any department, layoff of regular employees shall be in the order in which their names appear on the layoff list for the affected class, as prepared by the Personnel Director, with those persons having the least layoff credit being laid off first. Section 7.2 - LAYOFF LIST COMPUTATION The layoff list shall be established by the Personnel Director by department and class, and shall be based upon seniority within the class and department as follows: ® a For each regular employee, except as modified in Subsection b., seniority shall be measured from such employee`s initial appointment to the class occupied at the time of layoff, except that for the purpose of demotion in lieu of layoff. additional seniority shall be added from initial appointment to permanent City service. • b. Regular employees who held seasonal, limited term, or provisional status prior to permanent appointment shall receive seniority credit for said status only if the service was continuously compensated employment prior to appointment to a permanent position- c_ One point seniority credit shall be given for each full calendar month of full -time service as specified in a. and b. above. Prorata credit shall be given where the employment is less than full-time and/or the employment is less than a full month. (Full -time is defined as an employee working thirty -six (36) hours or more per week) d. In the event two or more employees have the same der of seniority points, such tie shall be broken by lot. • `I ,1 IN WITNESS THEREOF, the parties hereto have ex ted this Memorandtmn of Understand kV this / � - day of ll 1993. SOUTH LAKE TAHOE CITY EMPLOYEES ASSOCIATION CITY OF SOUTH LAKE TAHOE BY " ' 8Y rt-1 tt. BYj BY BY i IXt �. BY.� 35 a I] CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -21 A RESOLUTION AUTHORIZING INDEMNIFICATION OF POLICE OFFICERS PURSUANT TO GOVERNMENT CODE SECTION 825(b) IN THE CASE OF DACAYANAN v. CITY OF SOUTH LAKE TAHOE RESOLVED, by the City Council of the City of South Lake Tahoe that: WHEREAS, pursuant to Government Code Section 825(h), the City Council of the City of South Lake Tahoe has the discretion, on a case by case basis, to authorize indemnification of public employees named as individual defendants and against whom punitive or exemplary damages are sought; and WHEREAS, the City Council has reviewed the case of Dacayanan v. City of South Lake Tahoe, et al. and has determined, based upon preliminary statements of independent witnesses to the alleged incident, as well as the findings of investigative processes undertaken to determine the appropriateness of the level of force utilized in the Plaintiff's arrest, that indemnification of the individual police officers named therein is appropriate; NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED BY THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE THAT: 1. Any Judgment, in whole or in part, which may arise in the above case for the payment of punitive or exemplary damages would be based upon an act or omission of the individually named defendant employees and officers acting within the course and scope of employment as an employee and /or officer of the City of South Lake Tahoe. 2. Based upon the facts uncovered through an impartial investigation conducted concerning the alleged incident, the individual defendant employees acted in good faith, without actual malice, utilizing prudent judgment as it related to the amount of force necessary to restrain the Plaintiff at the time of his arrest, thereby acting in the apparent best interests of the City of South Lake Tahoe. 3. Payment of any claim or Judgment, if liability is established for punitive or exemplary damages, is in the best interest of the City of South Lake Tahoe. Nothing in this resolution shall be deemed or construed in any way to affect the provision of state and federal lax prohibiting the award of punitive or exemplary damages against the City of South Lake Tahoe, nor shall it be admissible in any proceeding for the purpose of establishing waiver of such provision nor for purpose of establishing ability to pay any such alleged damages. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe, on this 6th day of April , 1993, by the following vote: AYES: NOES: ABSENT: ATTEST: Councilmembers: KLEIN, COLE, OSTI, DAVIS & DU QUITE Councilmembei Councilmembei 10 z. ' N a.. A p ity Clerk A LA PETERSON (City Seal) Sy 19 65 �) r � _, .. _ _ � ,I � i � r � I I ' ` � , � � ' 7 .� �� _, CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE AMENDING THE ADOPTED 1992193 FISCAL YEAR BUDGET FOR 2% ARTS PROMOTION PROGRAMS IN THE AMOUNT OF $6,784 WHEREAS, the City desires to anicad the 1992193 Fiscal Year Adopted Budget for community arts program funding; and WHEREAS, Staff recommends the adjustment summarized below (see Attachment A for detailed changes); INCREASE ADJUSTMENT: AMOUNT: Four Arts Contract Agencies $ 4,794.00 Arts Master Plan S 2000.00 DECREASE ADJUSTMENT: AMOUNT: Arts Promotion Contingency $ 6,784.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South Lake Tahoe that the budget admendments to the 1992/93 Fiscal Year Budget are hereby approved. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on _ Apr i 1 6 , 1993, by the following vote. AYES: Councilmenbers KLEIN, COLE, OSTI, DAVIS b DU QUITE NOES; Councilmenbers ABSENT: Councilmembers ATTEST: G� /C�erk, (CITY SEAL) An a Peterson Keith Klein, Mayor H � I 0 Attachment A DATE; March 29, 1993 REQUEST FOR BUDGET ADJUSTMENT REQUESTING DEPARTMENT: 2% Promotion Budget Division INCREASE ADJUSTMENT (CREDIT): Account Number Title of Account 001 - 401 -1503 -3908 001-401-1503-6913 001- 401 - 1503 -6923 001- 401 -1503 -6931 001 -401 -1503 -6932 410 -401- 4070 -7639 Tahoe Tallac Association Tahoe Arts Project Community Orchestra Tahoe Theatre Company Arts Commission Transfer Arts Master Plan Project ' Amount $ 2,455 1,532 $ 295 $ 502 $ 2,000 $ 2,000 DECREASE ADJUSTMENT (DEBIT): Account Number Title of Account Amount 001- 401 - 1503 -6911 Arts 2% Contingency $ 6,784 410- 301 -4070 -3883 Miscellaneous Receipts $ 2,000 DETAILED REASONS FOR BUDGET ADJUSTMENT: Record additional funding approved by the City Council at the December 15, 1992, Council meeting to provide money for four art organizations and money to complete the facilities component of the arts master plan. ROVED FOR ADOPTION: pamwnt He Date nance r, D� Ile t er J M ag 3 PAGE 2 C7 • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE AMENDING THE ADOPTED 1992193 FISCAL YEAR BUDGET FOR TRANSFER OF REDEVELOPMENT RELATED TRANSIENT OCCUPANCY TAX IN THE AMOUNT OF $664,463.07 WHEREAS, the Council desires to amend the 199293 Fiscal Year Adopted Budget for a transfer of TOT money to complete existing commitments wider the Redevelopment Plan; and WHEREAS, Staff recommends the adjustment summarized below (see Attachment A for detailed changes); INCREASE ADJUSTMENT: AMOUNT Transfer Out $664,463.07 DECREASE ADJUSTMENT: AMOUNT Transfer In $664,463.07 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South Lake Tahoe that the budget amendments to the 1992193 Fiscal Year Budget are hereby approved. PASSED AND ADOPTED by the Board of Directors on April 6 1993 by the following vote. AYES: Counciimembers KLEIN, COLE, OSTI , DAVIS & DU QUITE Attachment A DATE: March 30, 1993 REQUEST FOR BUDGET ADJUSTMENT REQUESTING DEPARTMENT: Authority Finance INCREASE ADJUSTMENT lCREDTTI- Account Number Title of Account - ---- -- _ 'Amount 810 - 253 -0000 -9999 ' Fund Balance W $ 664,463 ECREASE ADJ TMENT DEBIT : Account Number Title of Account ------------ ____ -- Amount 810 -341- 8057 -3991 Transfer In -' $ 664,463 D ULED REASONS FOR BUDGET ADJUSTMENT Provide for budget authorization to transfer Redevelopment related TOT from the City to the Redevelopment CIP Fund to complete existing plan commitments. kPROVE D FOR ADOPTION: rtment Hea Date "3-3o_ -V ce Director Date City Manager PAGE 2 17J M • • A RESOLUTION OF THE CITY OF SOUTH LAKE TAHOE APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA TIRE RECYCLING MANAGEMENT FUND UNDER THE CALIFORNIA TIRE RECYCLING ACT FOR THE LAKE TAHOE YOUTH CLUB BUILDING PROJECT RESOLUTION NO. 1993 - 2 4 WHEREAS, the people of the State of California have enacted the California Tire Recycling Act which provides funds to the State of California, its political subdivisions and individuals for performing research and business development of tire - related projects and processes; and WHEREAS, the California Integrated Waste Management Board (Board) has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by agencies and individuals under the program; and WHEREAS, said procedures established by the California Waste Management Board require the applicant to certify by resolution the approval of the application before submission of said application to the state; and WHEREAS, said application contains assurances that the applicant must comply with; and WHEREAS, the applicant will enter into an agreement with the State of California for development of the project. NOW, THEREFORE BE IT RESOLVED that the South Lake Tahoe City Council hereby: 1. Approves the filing of an application for the California Tire Recycling Management Fund under the California Tire recycling Act of 1990 for state grant assistance for the project specified above; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant will provide an in -kind match of $3,757; and I2 • 4. Appoints the City Manager as agent of the Project and authorizes the City Manager to conduct all negotiations, execute and submit all documents- including, but not limited to applications, agreements, amendments, management requests and so on, which may be necessary for the completion of the aforementioned project. AYES: Councilmembers KLEIN, COLE, OSTI, DAVIS & DU OUITE NOES: C&mcilmembers ATTEST: at& Cit lerk An Ia Peterson � Z 65 19 �P • 13 CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -25 A RESOLUTION SUPPORTING THE HIGHWAY 50!80 RAIL CORRIDOR STUDY WHEREAS, The City of South Lake Tahoe understands the importance of intercity rail travel as an efficient and environmentally effective mea-is of mass transit, and WHEREAS, such travel is the subject of the Caltrans feasibility study for the Highway 50 and 80 corridors, and WHEREAS, the City of South Lake Tahoe believes the linkage of an intercity rail system to the City's proposed intracity fixed guideway may be the most efficient means of transporting local citizens and visitors to the South Shore of the Tahoe Basin with minimal environmental impact, and WHEREAS, the full study of both corridors is necessary to proceeding with the implementation of rail to and within the Tahoe Basin, NOW, THEREFORE BE IT RESOLVED that the City Council of the City of South Lake Tahoe calls upon all involved governmental entities to link Northern Nevada and Northern California directly to the shores of Lake Tahoe by means of appropriate and cost effective mass transit, and to support in full the studies of transit corridors along Highways 50 and 80. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a regular meeting on April b -11993, by the following vote: AYES: KLEIN, COLE, OSTI, DAVIS b DU QUITE NOES: ABSENT: MAYOR ATTEST: r�QVIH [,Q� AN LA PETERSON CI CLERK 9 S y i EI TH KLEIN • • 0 CITY OF SOUTH LAKE TAHOE CITY COUNCIL RESOLUTION NO. 1992- 2 6 A RESOLUTION APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE GENERAL, NATIVE AMERICAN ALLOCATION OF THE STATE CDBG PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE PURPOSE OF THIS GRANT WHEREAS, the Housing Element of the General Plan states a need exists for the development and implementation of a housing rehabilitation program for low income residents; and WHEREAS, the Housing Study Group encourages participation in rental and single family housing rehabilitation programs in targeted residential neighborhoods for the purpose of long -term occupancy; and WIEREAS, the South Tahoe Redevelopment Agency will contribute $50AW of Housing Set -Aside funds in conjunction with the CDBG housing rehabilitation activities in and around the Project Area; and WHEREAS, the South Tahoe Housing Authority will provide an in -kind contribution of staff time in conjunction with the CDBG housing rehabilitation activities. NOW, THEREFORE, BE IT RESOLVED: By the City Council of the City of South Lake Tahoe as follows: Section 1. The City Council finds that, in conjunction with this CDBG application, the use of Redevelopment Set -Aside funds in or within one -half mile of the Project Area is a benefit to the Project Area. • • Section 2. The City Council approves for submittal to the Housing and Community Development Department an application for funds of $500,000 for the purpose of: Housing Rehabilitation Program $254,000 (Al Tahoe, Stateline, Sierra Tract) First -Time Homebuyer Program (City-wide) $216,000 General Administration $30,000 Total CDBG Funding $500,000 Section 3. The City Council has reviewed the Citizen Participation Plan for compliance with Federal and State statutes and has determined that this plan was followed for the development of this application. Section 4. The City Manager is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application_ Section 5. If the application is approved, the City Manager is authorized to enter into and sign the Grant Agreement and any subsequent amendments with the State of California for the purpose of this grant. ® PASSED AND ADOPTED by the City Council at a regular meeting this 6th day of April 1993, by the following vote: AYES: COUnCilmemberS KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES: Councilmembers ABSENT: Councilmembers ATTEST: 1� �ja,4401.� - City Clerk A GELA PETERSON �SpUTH �\ r� i9 65 1;: QRN�P • • • • City of South Lake Tahoe Resolution No I=- 27 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH LAKE TAHOE AND THE SOUTH LAKE TAHOE POLICE SUPERVISORS COMMITTEE WHEREAS, the City of South Lake Tahoe and the'South Lake Tahoe Police Supervisors Committee have met and conferred in good faith in accordance with the provisions of the Meyer - Milias -Brown Act of the California Government Code; and WHEREAS, the South Lake Tahoe Police Supervisors Committee has ratified the attached for the period October 1, 1992 through September 301993, NOW THEREFORE IT IS HEREBY DETERMINED AND ORDERED THAT: This Council approves the Memorandum of Understanding between the City of South Lake Tahoe and the South Lake Tahoe Police Supervisors Committee, which is attached hereto and incorporated herein by reference as though fully set forth. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe m- April 20 ,1993 by the following vote: AYES: Coundimembers KLEIN, COLE, OSTI, DAVIS & DU QUITE • • • - InIORANDU.`i OF U".,D , TANOING BETWEEN THE CITY OF SOUTH LAKE TAHOE AND THE SOUTH LAKE TAHOE POLICE SUPERVISORS COMMITTEE FOR THE POLICE SUPERVISORS UNIT .- �,• For the Contract Period of October 1, 1992 through September 30, 1993 4 TABLE OF CONTENTS s Section Title Pa e RECOGNITION �•� City Recognition 1.2 Association /Committee Recognition 2 LIMITATION OF EFFECT ? HEALTH AND WELFARE 2 3.1 Medical /Dental Plan 3.2 Vision Care and Life Insurance 2 2 3.3 PERS Retirement Program 2 3.4 Retired Medical Plan 2 3.5 Health Care Cost Containment Committee 2 3.6 Cash Payment /Annual Spousal Physical 3 Exam - Deductibles 4 SICK LEAVE 3 4 -� Pay Off of Unused Sick Leave 3 4.2 Other Pay for Sick Leave 3 4.3 Sick Leave Incentive 3 4.4 Donation of Sick Leave 4 GRIEVANCES AND APPEALS FROM DISCIPLINARY 4 ACTION 5.1 Grievances - Attachment B 4 5.2 Disciplinary Action - Attachment C 4 6 CONCERTED ACTIVITIES 5 HOLIDAYS 7.1 Official City Holidays 5 5 7.2 Floating Holidays 5 8 EMERGENCY ASSIGNMENTS 6 9 EDUCATIONAL INCENTIVE PAY 6 10 TUITION REIMBURSEMENT 6 11 SALARIES 6 Salary Ranges - Attachment A 6 Employee's Share of PERS Costs 6 • _. Section Title Page VACATION LEAVE 6 12.1 Entitlement to Take Vacation 6 12.2 Probationary Employees 6 12.3 Provisional and Temporary Employees 7 12.4 Computing Vacation 7 12.5 _ - Additional Vacation Accrual 7 12.6 Timing of Vacation 8 12.7 Pay for Unused Vacation 8 12.8 Holidays During Vacation 8 12.9 Vacation as Sick Leave 8 12.10 Partial Vacation 9 12.11 Requesting Vacation 9 12.12 Vacation Sell Back 9 13 UNIFORMS 9 13.1 Uniform Allowance 9 13.2 Damaged Uniforms and Equipment 9 13.3 Safety Equipment 10 14 COMPENSATORY TIME OFF 11 15 RETIREMENT PLAN 11 15.1 Sworn Safety Members 11 15.2 Employee Paid Option 11 15.3 Service Retiree Benefits 12 40 PAY FOR CALL -BACK 12 16.1 Call -Back i2 16.2 Court Time 12 16.3 Range Time 12 17 EMPLOYEE RECOGNITION 12 18 JOB ACTIONS 12 19 ADMINISTRATIVE APPOINTMENT - DETECTIVE 12 SERGEANT 20 PERSONNEL ASSIGNMENTS 13 20.1 July 4th 13 20.2 Schdules for Supervisors /Support Division 13 20.3 Impact of Alternative Work Schedules 13 21 RESIDENCY /RESPONSE TIME 13 22 SMOKING RESTRICTIONS 13 23 PHYSICAL FITNESS PROGRAM 14 • • Section Title Page General Program Structure 14 Physical Training Time 14 24 PATROL ROTATION PROGRAM 15 25 _ REWRITING OF CURRENT MOU LANGUAGE 15 26 PAST MEMORANDUM 15 27 DURATION 16 20 SAVINGS PROVISION 16 ATTACHMENTS: A - Salary Schedules B - Grievance Procedure C - Disciplinary Appeals Procedure LJ • ® MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH LAKE TAHOE AND THE SOUTH LAKE TAHOE POLICE SUPERVISORS COMMITTEE POLICE SUPERVISORS UNIT• The South Lake Tahoe Police Supervisors' Committee and representative of the City of South Lake Tahoe have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment of employees in the representation unit identified in Attachment A, have exchanged freely information, opinions, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and employer - employee relations of such employees. This Memorandum of Understanding is entered into pursuant to the Meyers- Milias- Brown Act (Government Code Sections 3500 -3510) and City of South Lake Tahoe Resolution No. 1977 -133 adopted July 19, 1977, and has been jointly prepared by the parties. This Memorandum of Understanding shall be presented to the City Council of the City of South Lake Tahoe as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1, 1992 and ending September 30, 1993. During this period, the City and the Association agree to meet and discuss the results of the current Classification Compensation and the MSI Studies. SECTION 1. RECOGNITION 1.1 CC y_ReMnition - The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of South Lake Tahoe, hereinafter referred to as the `City', in employer- employee relations. 1.2 Association /Committee Recognition - The South Lake Tahoe Police Supervisors' Committee, hereinafter referred to as the 'Association/Committee', is the recognized employee organization for the Police Supervisors' Unit. SECTION 2. LIMITATION OF EFFECT It is understood and agreed that the provisions of this Memorandumn of Understanding are not binding upon either the City or the Committee and that the same constitute a recommendation to the South Lake Tahoe City Council_ In the event that the City Council adopts, without amendment, said Memorandum, its terms shall become effective, except as otherwise provided, 0 • for the period October 1. 1992 through September 30, 1993. SECTION 3. HEALTH AND WELFARE Hosoital Medical Dental Vision Care Plans for Ern lo ms and Their Deondents 3.1 The City and Association agree that, unless otherwise agreed upon, the medical/dental plan benefits will continue for the term of this agreement. The City agrees to contribute the dollar amount necessary to fund the premium for employee only coverage and employee plus dependent coverage for the period October 1, 1992 through September .30, 1993. 3.2 The City agrees to continue to contribute the amount necessary for vision care and life insurance benefits for the duration of this agreement and further agrees to increase the fife insurance benefit provided to $25,000 per employee. 3.3 The City and the Association agree to explore the single highest year provision of the PERS Retirement Program. 3.4 Retired Medical Plan - Employees who retire from City service shall be eligible to maintain membership in the City medical/dental plan by assuming the following percentage of the established retiree premiums for employee only or employee and dependents: Years of Service with the City (from date of regular hig) Twenty five (25) years or more Twenty (20) years or more Fifteen (15) years or more Ten (10) years or more Less than ten (10) years % of Retiree Premium Paid by Retiree 0% 25% 50% 75% 100% Employees approved for PERS occupational disability retirement will continue to be eligible under the above schedule with a 50% minimum paid by the City_ Coverage shall continue indefinitely, however, the City health plan shall become a secondary plan to medicare at the time the retiree is eligible for the medicare program. The City and the Association agree to continue discussions relating to the benefit of modifying the schedule of retiree pry contributions. O 3.5 tai.Ment Committee - The City and the Association agree to participate in a City -wide Health Care Cost Containment Cormittee to study 2 the current benefit levels and cost distributions of the medical/dental plan and develop recommendations for reducing and/or sharing costs. It is further agreed that the Committee shall review the effectiveness of the current medical and sick leave incentive programs and the advisability of pro-rating benefits for parttime employees. The Committee shall consist of one representative from each City bargaining unit and two representatives from City management.- Association or City consultants shall be allowed to sit in on meetings as appropriate. The Association and the City agree to meet and confer regarding the implementation of the Committee's recommendations prior to the presentation of those recommendations to the City Council. The City agrees to continue meetings of the Health Care Cost Containment Committee. Following Committee recommendations, the City agrees to meet and confer with the Association. 3.6 Employees wig receive a cash payment of $200 per year for the purpose of financing annual spousal physical examinations. SECTION 4. SICK LEAVE 4.1 Unused, accumulated sick leave in excess of eight hundred (800) hours w& be paid for semi - annually in the following manner: a) One hundred percent of the unused, accumulated sick leave over eight hundred (800) hours would be paid for at the current base hourly rate. b) The separate sick leave account used at retirement to pay medical/dental premiums is eliminated. Also eliminated are the separate sick leave account balances for each employee as of the date of implementation of this MOU. Upon retirement, an employee shall receive a cash equivalent to one hundred percent of all unused sick leave earned during service with the City. For purposes of this section, a retired employee would be defined as an employee who retired in accordance with the provisions of the Public Employees' Retirement System. Sick leave for which payment is made pursuant to this paragraph is no longer deemed aW=uiated. This section; speciicallY supersedes the provisions of Personnel Rule 12 -2.C.1 & C2. 4.2 Other pay for unused sick leave will be as set forth in the Personnel Rules. 4.3 Sick Leave Incentive - During calendar year 1991, the City wi continue to 3 monitor sick leave used by employees covered by this Memorandum of Understanding. In the event an employee covered by the Memorandum of Understanding uses zero (0) sick leave hours during calendar year 1991, said employee shall receive a full shift off, with pay, to be used in calendar year 1992. Said shift off to be scheduled in accord with the convenience of the Department, provided that such shift off may be approved, in advance, consistent with established policies. If an employee use of sick leave during calendar year 1991 does not exceed one full shift, said employee shall be granted one -half (1/2) of a shift off with pay. Said time -off shall be scheduled in accordance with the convenience of the Department and may be approved, in advance, consistant with established policies. For employees whose sick leave use exceeds that of one shift, no bonus time -off is granted. The provisions of this sub - section shall terminate on December 31, 1991, except for the time -off earned as a result of this provision. The City -wide Health Care Cost Containment Committee shall study the effectiveness of this provision in reducing sick leave use and make recommendations to all Associations and the City Council regarding its continuation beyond December 31, 1991. The City and the Association shall meet and confer regarding the continuation of this program after the Health Care Cost Containment Committee recommendations are received. is 4.4 Donation of Sick Leave - Unit employees shall be allowed to donate one (1) day of sick leave to other Police Department employees within the Police, Police Supervisors, or Safety Management units, who have experienced a serious illness or injury which is not covered fully by City paid time or insurance. The employee who is in need of donated sick time must have exhausted all compensatory time, sick leave, and vacation time before other employees may make donations. Donation of sick leave will be available only to individuals who are absent from work for periods in excess of five (5) days and who have not exhausted their paid time off through repeated nonrelated illness or injuries which were not of a serious nature. Maximum donation of sick leave shall be one (1) day per incident per donating employee. The final determination as to the recipient's eligibility for donated sick leave time shall be made by the Chief of Police. Any donated hours that remain in the recipient's bank after return to work from the qualifying incideru, shall be pro -rated back to the individual donors' sick leave accounts. SECTION 5. GRIEVANCES AND APPEALS FROM DISCIPLINARY ACTION 5.1 Grievances wdl be processed in accordance with Attachment B. 5 -2 Appeals from disciplinary action wil be processed in accordance wkh • Attachment C. 4 SECTION 6. CONCERTED ACTfV1TIES is The Associaiton, its members and representatives, agree during the term of this Agreement that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage, or work curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties; and neither the Association nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations or management or of employees not covered by this Memorandum of Understanding. SECTION 7. HOLIDAYS 7.1 Official City Holidays - Employees are not eligible for any of the official City Holidays. In lieu thereof, they are entitled to additional hours leave time as indicated in Section 7.2. 7.2 Floating Hol� - Employees shall be granted 4.5 days (plus 50 hours additional leave in lieu of holidays as indicated in Section 7.1) of floating holidays on January 1 of each year. New employees shall be granted floating ® holidays on a monthly prorated basis. Floating holidays may only be taken with the prior approval of the employee's department head or his/her designated representative, but said time off will not be unreasonably denied and is to be scheduled and its use authorized in the same manner as vacation time. Should an employee feel they have been unreasonably denied, every effort wia be made to resolve the problem on an informal basis. If these efforts do not resolve the problem, the City and Association agree that its representatives will meet and discuss the situation in an attempt to reach a satisfactory accord prior to the filing of a formal grievance. Employees must use all floating holiday hours within the calendar year earned. Any floating holiday hours remaining on the books on December 31 of each year shall be forfeited with no payment. Any floating holiday hours remaining on the books on an employee's termination date shall also be forfeited with no payment. The City and Association agree to evaluate the impact of employee time off on overtime costs and relief coverage by Lieutenants and Administrative Staff. Accordingly a test period to October 1, 1993 is implemented to provide an opportunity to determine the impact on overtime costs and scheduling problems. 5 ! SECTION I EMERGENCY ASSIGNMENTS Employees called to work on an emergency basis at a time other than during the regularly assigned shift shall be paid at a rate of one and one -half (1 -1/2) times the regular rate of pay and for a minimum of three (3) hours. SECTION 9. EDUCATIONAL INCENTIVE PAY The City agrees to continue the current Educational Incentive Pay Benefit which provides that each swum member of the Police Department shall receive two and one -half percent (2 -1/2 %) above the authorized rate of pay contained in the approved salary plan for possession of the intermediate P.O.S.T. Certificate and five percent (5 %) above the authorized rate of pay contained in the approved salary plan for possession of the advanced P.O.S.T. Certificate. .SECTION 10. TUITION REIMBURSEMENT The City shall reimburse employees up to $1000 per fiscal year for expenses they have incurred for tuition and books in taking an approved job - related course. Only courses which relate to the employee's current position with the City or would prepare the employee for advancement within that career field will be considered as eligible for tuition reimbursement. Reimbursement shall not be made until employee submits documentation of expenses and successful completion of the course. SECTION 11. SALARIES 11.1 The City and Association agree that the salary ranges for all classifications represented by the Association are indicated in Schedule A- 11.2 The City agrees to continue payment of the employees regular share of the contributions to the Public Employees' Retirement System on behalf of the employee. For Safety employees covered by this Memorandum of Understanding, this would amount to 100% of the 9.0% employee contribution. SECTION 12. VACATION LEAVE 12.1 Entitlement to Take Vacation - All permanent employees shall be entitled to take vacation leave with pay. Vacation may be taken following completion of six (6) months service in a permanent position. 12.2 Probationary Employes - At such time as a probationary employee becomes a permanent employee, said employee shall receive earned vacation benefits • from the i ikiial date of continuous employement as a probationary employee prorated according to the number of hours worked under probationary status. 6 0 0 • 12.3 Provisional and Tem�r ry Employees - Provisional and temporary employees do not accrue vacation and sick leave credits, except that the service of an employee in a provisional or temporary capacity may be included with service as a permanent employee provided that the employee's service with the City has been continuous since the initial position and is within the same classification as his/her temporary or provisional position. If such service is included with the service as a permanent employee, such employee shall receive eamed vacation benefits from the initial date of �ntinuous employement as a provisional or temporary employee, prorated according to the number of hours worked under provisional or temporary status. 12.4 Computing Vacation - For the purpose of computing annual vacation leave, one vacation day shall equal one -fifth (1/5) the number of working or duty hours in the established work week. Permanent employees who regularly work less than the number of hours established as full -time shall be credited with vacation on a prorated basis considering the number of hours worked. Vacation leave shall be earned in accordance with the following schedule. a) First five years of employment: 80 hours per service year b) Six to ten years of employment: 120 hours per service year c) Eleven to fourteen years of employment 160 hours per service year d) Fifteen to seventeen years of employment: 168 hours per service year e) Eighteen to twenty years of employment: 176 hours per service year f) Twenty -one years or more of employment: 184 hours per service year 12.5 Additional Vacation Accrual - The City and Ccxnn;inee agree that effective with the adoption of this Memorandurn of Understanding, employees represented by the Committee may elect to accrue up to Jody (40) additional hours of vacation per year provided, however, that any employee who so elects this additional accrual will!! take a reduction in pay equivalent to the additional hours accrued. Said additional accrual may be accomplished over a twelve (12) month period of time. 7 0 12.6 Timing of Vacation - The time when an emnlnyr?a may take vnrratinn -chanl ha determined by the department head with due regard for the wishes of the employee and particular regard to the needs of service. An employee may elect to take all or part of earned vacation, or may carry over to the next service year all or part of earned vacation as approved by the department head. If the requirements of the service are such that an employee cannot take part or all of the annual vacation in a particular year, such vacation should be taken during the next following twelve months, at the discretion of the department head. The total number of vacation hours which may be accrued at any time during a calendar year shall not be limited provided, however, the total number of vacation hours which the employee shall be entitled to carry over from one calendar year to the next, if he/she so desires, shall be limited to 240 hours. This limitation shall be imposed on the last day of the first full pay period of the new calendar year. Notices shall be sent to employees and the department head at least one month in advance of the last day of the first full pay period of the new calendar year when the employee exceeds the 240 hour limitation or when it appears the employee will exceed the 240 hour limitation. Nothing in this section shall be deemed to allow any employee to be paid for any accrued vacation which is in excess of the 240 hour carry over limitation. Every employee shall be encouraged to take vacation every year and may be required by the department to take sufficient vacation to keep their vacation • balance under the 240 hour limitation. Should an employee refuse to schedule, or once scheduled, decide not to take vacation so that the vacation accumulation will exceed the 240 hours as of the last day of the last pay period in the calendar year, said employee shall have their vacation balance reduced to the 240 hour limitation and shall not be paid for hours in excess of that maximum. Should the department refuse to allow an employee to take vacation, and said employee's vacation balance exceeds 240 hours by the last day of the last pay period in a calendar year, said employee will be paid the cash equivalent of earned vacation over the 240 hours Limitation which cannot be taken. Every employee shall be encouraged to take vacation every year. No person shall take vacation in excess of thirty working days without the written authority of the department head and the City Manager. 12.7 Pay for Unused Vacation - Upon termination from employment with the City, every permanent or probationary employee who has served the City for six (6) months or more shall be paid for all unused vacation earned prior to said termination date. Payment for unused vacation shall be determined by the rate of pay for the position upon the date of termination. 128 MdaYs Du M Vacation - In the event one or more holidays fall wig an employee's annual vacation leave. such holiday shall not be charged as vacation leave unless said employee receives holiday pay for that day. S' 129 Vacation as Sick Leave - A permanent employee or probationary employee, 00 8 employed for a period longer than six (6) months, may use vacation leave upon the exhaustion of accrued sick leave and compensatory time where applicable. 12.10 Partial Vacation - Employees may use earned vacation time in increments of less than one day, subject to the approval of the appointing authority. 12.11 Regiesting Vacation - Vacation requests may be made at any time by an employee on the forms approved by the appointing authority. However, requests should be processed a minimum of five (5) working days prior to start of vacation to permit proper planning of staff needs and work assignments. Vacation approval procedure may vary between departments io reflect staffing needs. 12.12 Vacation Sell Back - The City and Committee agree that employees represented by the Committee may elect to sell back to the City up to forty (40) hours of accrued, but unused, vacation per year at the salary rate in effect at the time the hours are returned to the City. The ability to return vacation hours to the City for its salary equivalent will be limited to those employees who have taken a minimum of forty (40) hours of vacation during the preceding twelve (12) months and further limited to those employees who will have no less than sixty (60) hours of vacation accrued after the hours have been returned to the City. The maximum number of hours that can be returned to the City at any one time Is for its cash equivalent is twenty (20) hours, with the minimum number of hours that can be returned at any one time established as ten (10) hours. SECTION 13. UNIFORMS 13.1 Uniform Allowance -Uniform allowances are hereby authorized for employees required to wear standardized clothing in the performance of assigned duties. The employee eligible for uniform allowance and the authorized rate of compansation for such allowance are as follows: Police Sergeants $575.00 per year Detective Sergeants $575.00 per year Senior Dispatchers $575.00 per year Police personnel are eligible for payment of uniform allowance only after completion of the initial probationary period. 13.2 Damaged Uni #orms and Equipment - Uniforms and required equiprnerld for POSH Department employees d damaged in the fine of duty and not due to the negligence or wAfutl misconduct of the member concerned will be replaced by • the City. Such damaged uniforms or equipment " be turned in by the member concerned to his immediate supervisor with a written request for 9 ® replacement. The request shall briefly state the facts and circumstances which caused the uniform or equipment to be damaged. 13.3 Safety Eauil2ment - a) The City agrees to provide to all newly hired sworn personnel, and to current sworn personnel who were not issued the specified equipment, and to replace for all sworn personnel as necessary, the following items: 1) Sam Brown belt 7) Riot helmet 2) On -duty holster 8) Belt keepers 3) Shell carrier 9) Baton holders 4) Handcuffs 10) Handcuff covers 5) Baton 11) Flashlight 6) Whistle 12) Raincoat This equipment shall remain the property of the City and shall be returned to theCity when the employee terminates or when ordered by the Chief of Police. b) The City agrees to provide a weapon of its choosing to those sworn personnel hired on or after October 15, 1983. In the event the newfy hired employee does not wish to receive said weapon, the newly hired employee may provide a weapon which meets Departmental approval, at the employee's cost. The City will not be required to reimburse the employee the cost of the weapon. Weapons provided by the City shah remain the property of the City and shall be returned by the employee at the time of termination or when ordered by the Chief of Police. c) The City agrees to provide a protective vest to those sworn personnel who desire one. Vests provided by the City shall remain the property of the City, and shall be returned by the employee at the time of termination or when ordered by the Chief of Police. d) The City agrees to provide to all newly hired sworn personnel and to current sworn personnel who were not previously issued said items the following items: Foul weather hat, foul weather jacket, foul weather boots and gloves. Replacement of the items identified in this paragraph will be the responsibility of the employee as part of his/her uniform allowance. Upon separation from the Department, the employee will retain ownership and possession of the items listed in this paragraph, except that any employee whose service terminates within twelve (12) rrsonths from the date of issue of these items, shall refund to the City through the Department, one -half (irk of the City's cost of said items, or shall return these items to the Depargnent prior to receiving a final pay check. Should an employee fad to return the items or refund one -half (1/2) of the City's cost by the time the final paycheck is to be given the employee, the City is specifically authorized by the r 10 Association, as the employee's representative, to withhold the necessary amount from the final paycheck Employees whose service with the City terminates more than twelve (12) months after having been issued said items, shall not be required to reimburse the City for any of the costs associated with said items and shall, in addition, retain ownership and possession of the items listed in this paragraph. e) Replacement of the items identified in this agreement will occur when if has been deemed necessary by the employee's immediate supervisor. In the event, unauthorized or negligent use results in damage to any of the issued items identified in this agreement, the employee will be responsible at his or her own cost to provide replacement of the item or items. f) It is agreed that the safety equipment identified above, and all uniform items issued by the City shall only be used for on-duty job performance. In the event any of the equipment or uniform items issued are used or wom in a non -job situation, the employee will be subject to disciplinary action. SECTION 14. COMPENSATORY TIME OFF Employees may continue to accumulate up to a total of eighty (80) hours of compensatory time off. Within budgetary limits and the provisions of the Fair Labor Standards Act, employee may elect pay or time -off for overtime even though the eighty (80) hour limit has not been reached. SECTION 15. RETIREMENT PLAN 15.1 Swom Safety Members - The City agrees to continue employees' coverage in the Public Employees' Retirement System. Safety members will be covered under Plan B which is defined as an unmodified Safety plan (2% at 50, 1959 Survivor Benefits and Post - Survivor Benefits). Non -sworn members wig be covered under the PERS plan which applies to local miscellaneous members (21/6 at 60). Contributions to the retirement plan by the employee and the City shall continue in accordance with the rules and regulations of the Public Employees' Retirement System and the provisions of this Memorandum of Understanding. 15.2 Those employees covered by this Memorandum of Understanding who are within three (3) years of retirement will have the option, so long as the City continues to pay the employee contribution on behalf of the employee to PERS, of having the City continue to pay the employee's contribution or of paying t* employee contribution themsetf and receiving an increase in pay so that the Cost to the City does not increase. Should a Safety employee elect the option of paying their own PERS contribution, they would receive an increase in pay of approximately 6.8 %. II 15.3 Employees residing in good standing after 20 years of service with the City wig, upon receiving retirement benefits from PERS, be eligible to receive those bevel provided to service retirees by the City. In order to be eligible for this benefit, sic individuals must be retired from PERS- covered employment and must be receiving PERS retirement benefits. SECTION 16. PAY FOR CALL -BACK COURT TIME AND RANGE TIME 16.1 Call-Back - An employee recalled to work outside of and not continuous with regularly scheduled hours, shall be paid a minimum of three (3) hours at the rate of one and ore -half (1 -112) times the employee's regular straight time rate of pay. 16.2 Court Time - The City and Association agree that employees who are ordered to report to work during their off -duty hours for the purpose of appearing in court and who do so at the specified time, shall receive a minimum of three (3) hours pay at the rate of one and one -half (1 -112) times the straight time rate of pay_ 16.3 Range Time - Employees who are ordered to report to work during their off -duty hours for the purpose of participation in shooting proficiency training at the shooting range and who do so at the specified time, shall receive a minimum of three (3) hours pay at the rate of one and one -half (1 -112) times the straight -time Is rate pay. SECTION 17. EMPLOYEE RECOGNITION The City and Committee agree that a Task Force comprised of a representative from each recognized bargaining unit and representation from management will be formed to review and recommend to the City Manager appropriate methods of enhancing employee recognition. It is further agreed, that as part of its discussion, the-Task Force will also consider the question of recognizing employees for off -duty time spent on City - wide committees and task forces. s Z I NO 0 W, O : s In the event of violation of the provisions of Section 6 (Concerted Activity) of this Memorandum of Understanding on the part of the Association or any member of the Association, the City is entitled to withdraw any rights, privileges, or services provided for in this Memorandum of Understanding, City rules, regulations, or ordinances. SECTION 19 ADMINISTRATIVE APPOINTMENT DETECTIVESFR[�A�rr The City and Association continue to agree that administrative appok*nent to the position of Detective Sergeant shah continue to be made by the Chief of Police subject to his discretion, and such incumbents shall continue to serve at 12 the pleasure of the Chief. It is further agreed that removal from said administrative appointment does not constitute diciplinary action. Individuals in the Police Sergeant classification who are assigned to serve as Detective Sergeants shall receive an additional payment equal to 5.0% of their base hourly rate during the time of such assignment. SECTION 20. PERSONNEL ASSIGNMENTS 20.1 July 4 - The City agrees that two (2) weeks in advance of July 4th it will post, on the official bulletin boards, a fist of those scheduled to work on July 4th. In comer to facilitate the Department meeting its two (2) weeks in advance posting requirement, the shift sign -up list will be posted for a period of two (2) weeks starting on or about June 1. Employees are expected to complete the shift sign - up list as soon as possible after it has been posted. 20.2 Schedules for supervisors assigned the Support Division will be established through consensus with Support Division chain of command. 20.3 The City and Association agree to discuss the impact of any altemative work schedules including changes in the physical fitness program implemented for employees represented by the Police Officers Association. ® SECTION 21. RESIDENCY RESPONSE TIME The City and Association agree that it is reasonable for Association members to reside in the following locations: Tahoe Basin: South Shore north on Highway 89 Cascade Property Closure Tahoe City south on Highway 89 to Granlibakken Tahoe City east and south to South Share East of Carson Pass East of Echo Summit Carson City Dayton (developed area) Gardnerville /Minden South on Highway 395 to Topaz Lake Area Markleeville SECTION 22. SMOKING RESTRICTIONS The City and Association agree that those employees hired on or after .January 1, 1985, will, as a condition of employment, be prohibited from smoking tobacco products of any kind while on duty. It is also agreed that should a covered employee violate this section, they wip be subject to appropriate disciplinary 13 action. It is further agreed that any current employee who smokes tobacco products or who hereafter starts smoking tobacco products will be prohibited from smoking in those areas designated no smoking areas. SECTION 2a. PHYSICAL FITNESS PROGRAM General Program Structure - In the interest of maintaining employee fitness and health at a level necessary to safely perform the duties assigned, the City shall continue a physical fitness program for employees in this unit. Participation in the program and adherence to the established standards for the program are mandatory for all swom employees. Participation by non -swum personnel is optional. However, participating non -swom personnel must meet the required standards within one year. Failing to do so will result in removal from the program and loss of the program provisions. The Police Chief shall appoint and maintain a Departmental Physical Fitness Committee, to include representation from the Police Association. Such Committee shall make recommendations to the Department management regarding physical fitness standards, evaluation protocol, and administrative procedures; final decisions regarding the structure and administration of the program shall be made by the Police Chief. The Committee shall administer the established program, conduct semi- annual testing for all program participants, Is and assist each employee in reaching and maintaining the established fitness standards. The City shall contract with a qualified physician to provide advice on program structure and standards, and to evaluate and develop individualized conditioning programs for participants who do not meet the established standards. Exceptions to the program standards and medical exemptions from the program may be approved by the Chief upon the recommendation of the Physical Fitness Committee and the program physician. Physical Training Time - Each unit member shall be granted two (2), one hour blocks of paid, on -duty time during each forty (40) hour week worked to use for physical training and conditioning. Such time shall not be granted until the employee has submitted a written fitness training proposal to the Fitness Committee (to include the kind of exercise that will be performed) and has had that proposed program approved by the Committee and the Police Chief. All paid physical training time shall be documented by the employee on the forms and in the manner established by the Department, to indude tune started, time stopped, and actrAyy performed. Unused training time may not be carried over from one workweek to the next, but wig be counted as hours worked for the purposes of MOU overtime calculation. 0 Employees who meet the Departments fitness standards (as determined by the 14 semi - annual testing) may take their training time in any location of their choice appropriate to the activity being performed. Employees who do not meet the Department's fitness standards must conduct their training time activities in the Department's training room or in some other controlled location or arrangement as approved by the Police Chief. Employees who do not meet the established standards may also be required to perform fitness exercises prescribed by a physician, -and may be required to take the two hours of fitness time per week in different blocks of time than outlined above. NOTE: The following clause shall become effective only after the current physical fitness standards are reviewed and revised by the Physical Fitness Committee in consultation with the Department physician and approved by the Police Chief. Employees who do not follow the program structure or requirements as outlined above, or who do not meet the program standards and fail to follow the individualized program outlined for them by the City physician and Police Chief, shall be subject to progressive disciplinary action. SECTION 24. PATROL ROTATION PROGRAM 40 The City and Association agree that the Patrol Rotation Program will conWue and that all sworn members of the Association assigned to Patrol wib have the opportunity to rotate shifts at (3) month intervals. Normal shift sign -up procedures will remain in effect, and will be conducted on a seniority basis. SECTION 25. REWRITING OF CURRENT MOU LANGUAGE (Replaces former Section 25. 'Special Leave`/now incorporated into 'Floating Holiday') The City and Association agree to continue to meet and confer in order to reach agreement on rewriting the current Memorandum of Understanding language for greater clarity and comprehensiveness. It is understood that the intent of the rewriting is to document and clarify, not to change, the existing policies and practices. Changes may be made if agreed to by both parties, but any change not agreed to or any differences in interpretation will be referred to the meet and confer process for next year's contract. M1 KCZ • 1. 14 .Lt►* t • 11 Except as amended by the terms of this Memorandum. the terms of previc.u* adopted Memorandum of Understanding shall remain in full force and effect for the full term hereof Mess otherwise amended by mutual agreement of the 15 • • • parties hereto. SECTION 27. DURATION This Memorandum of Understanding shall be effective October 1, 1992 except for those provisions of the Memorandum of Understanding which have been assigned other effective dates as hereinabove set forth, and shall remain in force and effect to and including the thirtieth (30) day of September, 1993, and shall continue thereafter from year to year unless at least sixty (60) days prior to the first day of October, 1993, or the first day of October of any subsequent year, either party shall file written notice with the other of its desire to amend, modify, or terminate this Memorandum of Understanding. SECTION 28. SAVINGS PROVISION If any provisions of this Agreement are held to be contrary to law by court of competent jurisdiction, such provisions will not be deemed valid and existing except to the extent permitted by law, and said provisions as may be declared so invalid shall be deemed severable from all other sections hereof; but all other provisions will continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this _ day of 1993, SOUTH LAKE TAHOE POLICE SUPERVISORS COMMITTEE ., /s = 111111115AZAVA,drAL] MPA V e 16 CITY OF SOUTH LAKE TAHOE L'-YA • • 17 ATTACHMENT A CITY OF SOUTH LAKE TAHOE SALARY TABLE LISTING UNIT. POLICE SUPERVISORS Position Title St ep 1 Step 2 , t 3 StM 4_ Sw 5 Police Sergeant 3,036 - 3,219 3381 - 3,550 3,726 17.6872 18.5699 19.5044 20.4794 21.4947 Sr. PoWire 2,419 2,539 2,666 2,799 2,941 Dispatcher 13.9548 14.6471 15.3797 16.1470 16.9661 • • 17 • 0 n �J CITY OF SOUTH LAKE TAHOE CITY COUNCIL RESOLUTION NO. 1993 -28 A RESOLUTION ESTABLISHING THE MINIMUM HEALTH AND SAFETY STANDARDS FOR ILLEGAL UNITS WHEREAS, the City is in the process of adopting an ordinance to legalize illegal units provided the units are used as affordable housing and meet certain basic criteria; and WHEREAS, the legalization process has created a need to establish inspection criteria to determine if an illegal unit is safe for continued occupancy; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe does hereby adopt the following inspection criteria to determine if an illegal unit meets minimum health and safety standards: Section A. Mechanical Code: I. FAU - check venting, combustion air locations and location of the return air with correct separation from the unit. 2. Wall heaters for clearance and combustion air. 3. Test all gas lines up to each applicance and to the best of knowledge provide a layout of the meter, gas outlets and location of lines if not visible. Section B. Plumbing Code: 1. Bathrooms - showers, toilets. lavatories; inform Health Department if found to be in a dilapidated condition, etc. 2. Water heaters - adequate size and installed to code. 3. Kitchen sink and related plumbing. 4. Fan or window in the bathrooms. Section C. Electrical Code: 1. Dwelling hall have a minumum of 100 am main g p service. 2. A small cabin may have a 65 amp service. 3. Kitchen shall have an appliance circuit with GFCI. 4. Bathrooms shall have GFCI, as well as the garage if applicable. 5. Subpanels shall have breaker and be accessible. Section D. Building Code: 1. Entry shall be to code, and bedroom windows must have egress. 2. Stairs, handrails, and guardrails. 3. General requirements for lights and ventilation. 4. If an accessory building has been converted to a dwelling, evaluate it for structural integrity. 5. Acceptable condition of the floor and foundation relative to the age of the structure. 6. Acceptable condition of the roof and material. 7. Existing woodstoves and fireplaces shall be to code or manufacturer's specifications. 8. Dwelling shall have a working smoke detector(s) per City Ordinance No. 779. Section 814(h). is PASSED AND ADOPTED by the City Council at a regular meeting on April 6. 1993 by the following vote: • AYES: Councilmembers KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES: Councilmembers ABSTAIN: Councilmembers ABSENT: Councilmembers KEITH IN City of South Lake Tahoe Resolution No. 1993- 29 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH LAKE TAHOE AND THE SOUTH LAKE TAHOE POLICE OFFICERS ASSOCIATION WHEREAS, the City of South Lake Tahoe and the-South Lake Tahoe Police Officers Association have met and conferred in good faith in accordance with the provisions of the Meyer -Milias -Brown Act of the California Government Code; and WHEREAS, the South Lake Tahoe Police Officers Association has ratified the Memorandum of Understanding for the period October 1, 1992 through September 301993, NOW THEREFORE IT IS HEREBY DETERMINED AND ORDERED THAT: This Council approves the Memorandum of Understanding between the City of South Lake Tahoe and the South Lake Tahoe Police Officers Association, which is attached hereto and incorporated herein by reference as though fully set forth. PASSED AND ADOPTED by the City Council of the City of South Lake ® Tahoe on Apr i 1 20 V 199 by the fdlowing vote: 11 AYES: Councilmeembers KLEIN, COLE, OSTI, DAVIS I DU WITS • • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH LAKE TAHOE AND THE SOUTH LAKE TAHOE POLICE ASSOCIATION FOR THE POLICE EMPLOYEES UNIT For the Contract Period of October 1, 1992 through September 30, 1993 TABLE OF CONTENTS so Section Title Pa e 9 RECOGNITION I 1.1 City Recognition 1.2 Association /Committee Recognition 1 2 LIMITATION OF EFFECT I 3 HEALTH AND WELFARE 2 3.1 Insurance Benefits 2 3.2 Medical /Dental Plan 2 3.3 Vision and Life Insurance 2 3.4 Cash Payment /Medical Cost 2 3.5 Retired Medical Plan 2 3.6 Health Care Cost Containment Committee 3 4 SICK LEAVE 3 4.1 Accrued 3 4.2 Pay for Unused Sick Leave 3 4.3 Sick Leave Incentive 3 4.4 Donation of Sick Leave 4 10 4.5 Retiree Unused Sick Leave Balance 4 GRIEVANCES AND APPEALS FROM DISCIPLINARY 4 ACTION 5.1 Grievances - Attachment B 4 5.2 Disciplinary Action - Attachment C 4 6 NO STRIKE 4 7 HOLIDAYS 5 7.1 Official City Holidays 5 7.2 Personnel Not Granted Holidays Off 5 7.3 Personnel Granted Holidays Off 5 7.4 Detective Division Holidays Off 5 7.5 Floating Holidays 6 7.6 Holiday In -Lieu Pay 6 8 EDUCATIONAL INCENTIVE PAY 7 9 TUITION REIMBURSEMENT 7 10 f ADMINISTRATIVE ASSIGNMENTS 7 1 ® -1 Detective Assignment Pay 7 • Section Title Page 10.2 Field Training Officer Pay 7 0 10.3 Canine Handlers g 11 ACTING PAY 8 12 SALARIES 10 12.t _ _ Salary Ranges 10 12.2 Employee's Share of PERS Costs 10 12.3 Salary Rates - Attachment A 10 13 VACATION LEAVE 10 13.1 Entitlement to Take Vacation 10 13.2 Probationary Employees i1 13.3 Provisional and Temporary Employees 11 13.4 Computing Vacation 11 13.5 Timing of Vacation 11 13.6 Pay for Unused Vacation 12 13.7 Holidays During Vacation 12 13.8 Vacation as Sick Leave 12 13.9 Partial Vacation 13 13.10 Requesting Vacation 13 14 UNIFORMS 13 14.1 Uniform Allowance 13 14.2 Damaged Uniforms and Equipment 13 14.3 Safety Equipment 13 COMPENSATORY TIME OFF 15 16 RETIREMENT PLAN 15 16.1 Sworn Safety Members 15 16.2 Non- Safety Members 15 16.3 Employee Paid Option 15 16.4 Resignation after 20 years 15 17 PAY FOR CALL -BACK 16 17.1 Call -Back 16 17.2 Court Time 16 17.3 Range Time 16 18 JOB ACTIONS 16 19 POLICE OFFICERS WORKING OVERTIME IN 16 DISPATCH 20 PERSONNEL ASSIGNMENTS 17 20.1 July 4 17 20.2 Snow Removal 17 21 RESIDENCY /RESPONSE TIME 78 Section Title Page— 0 2 EMPLOYEE RECOGNITION 18 3 SMOKING RESTRICTIONS i8 24 POLICE TRAINEE 18 25 _ PHYSICAL FITNESS PROGRAM 19 26 PATROL ROTATION PROGRAM 20 27 REWRITING OF CURRENT MOU LANGUAGE 21 2S PAST MEMORANDA 21 29 - DURATION 21 30 SAVINGS PROVISION 21 31 DISPATCHER SHIFT DIFFERENTIAL 22 32 LAYOFF PROCEDURE 22 33 ASSOCIATION BUSINESS 23 34 DETECTIVE WORK SCHEDULE 23 ALTERNATIVE WORK SCHEDULE 24 35.1 Uniformed Patrol Division Schedule 24 35.2 Community Services Unit Schedule 24 ATTACHMENTS: A - Salary Schedules B - Grievance Procedure C - Disciplinary Appeals Procedure • r v MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH LAKE TAHOE AND THE SOUTH LAKE TAHOE POLICE ASSOCIATION POLICE EMPLOYEES UNIT The South Lake Tahoe Police Association and representatives of the C,ty of South Lake Tahoe have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees in the representated unit identified in Attachment A. The representatives have exchanged freely information, opinions, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and emloyer- employee relations of such employees. This Memorandum of Understanding is entered into pursuant to the Meyers- Milias- Brown Act (Government Code Sections 3500 -3510) and City of South Lake Tahoe Resolution Mo. 1977 -133 adopted July 19, 1977, and has been jointly prepared by the parties. This Memorandum of Understanding shall be presented to the City Council of the City of South Lake Tahoe as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1, 1992 and ending September 30, 1993. SECTION 1 RECOGNITION 1.1 City Recognition - The City Manager, or any person or organization duty authorized by the City Manager, is the representative of the City of South Lake Tahoe, hereinafter referred to as the 'City', in employer - employee relations. 1.2 AssociatkxVCommittee Recognition - The South Lake Tahoe Police Association, hereinafter referred to as the 'Association', is the recognized employee organization for the Police Employees Unit. SECTION 2. LIMITATION OF EFFECT It is understood and agreed that the provisions of this Memorandum of Understanding are not binding upon either the City or the Cornanittee and that the same constitute a recommendation to the South Lake Tahoe City Could In the event that the City Council adopts, without amendment, said Memorandum, its terms shall become effective, except as otherwise provided, for the period October 1, 1992 through September 30, 1993. 0 • • SECTION 3. HEALTH AND WELFARE Hospital, Medical, Dental, Vision Care Plans for Employees and Their Dependents 3.1 Employees covered by this agreement shall be eligible to receive the insurance benefits outlined below. The summary plan descriptions and/or formal plan documents for these benefit programs that are in place at the time of adoption of this Memorandum of Understanding are available from the City Personnel Department and are hereby incorporated by reference into this agreement. 3.2 The City and Association agree that, unless otherwise agreed upon, the medical/dental plan benefits will continue for the term of this agreement. The City agrees to contribute the dollar amount necessary to fund the premium for employee only coverage and employee plus dependent coverage for the period October 1. 1992, through September 30, 1993. 3.3 The City agrees to continue to contribute the amount necessary for vision care and life insurance benefits for the duration of this agreement and further agrees to increase the life insurance benefit provided to $25,000 per employee. 3.4 Employee shall receive a cash payment of $200 for financing annual physicals or deductibles upon ratification of the MOU. 3.5 Retired Medical Plan - Employees who retire from City service shall be eligble to maintain membership in the City medical/dental plan by assuming the following percentage of the established retiree premiums for employee only or employee and dependents: Years of Service with the City (from date of permanent hire) 25 years or more 20 years or more 15 years or more 10 years or more Less than 10 years % of Retiree Premium Paid by Retiree 0% 25% 50% 75% 100% Coverage shall continue indefinitely, however, the City health plan shall become a secondary plan to medicare at the time the retiree is eligible for the medicare program. 2 r 3.6 Health Care Cost Containment Committee - The City and the Association agree to participate in a city -wide Health Care Cost Containment Committee to study the current benefit levels and cost distributions of the medical/dental plan and develop recommendations for reducing and/or sharing costs. It is further agreed that the Committee shall review the effectiveness of the current medical and sick leave incentive programs and the advisability of pro - rating benefits for parttime employees. The Committee shall consist of one representative from each City bargaining unit and two representatives from City management. Association or City consultants shall be allowed to sit in on meetings as appropriate. The Association and the City agree to meet and confer regarding the implementation of the committee's recommendations prior to the presentation of those recommendations to the City Council. SECTION 4 SICK LEAVE 4.1 Except as otherwise provided for in this section, sick leave will continue to he accrued and used in accord with the Personnel Rules. 4.2 The sick leave trust account is eliminated and the six employees who currently have in excess of 800 in the sick leave trust account will in the future receive 1000% of excess in cash in June and December. Effective December 1991, the six employees will receive an additional 50% for the period of July 1 to December 31, 1991. Employees who have accummulated over eight hundred (800) hours of unused sick leave shall receive a biannual payment equivalent to one hundred percent of the number of accrued hours in excess of eight hundred (800). 4.3 Sick Leave Incentive - During calendar year 1989, the City will continue to monitor sick leave used by employees covered by this Memorandum of Understanding. In the event an employee covered by the Memorandum of Understanding uses zero (0) sick leave hours during calendar year 1989, said employee shall receive a full shift off, with pay, to be used in calendar year 1990. Paid shift off to be scheduled in accord with the convenience of the department provided that .such shift off may be approved, in advance, consistent with established policies. It an employees use of sick leave during calendar year 1989 does not exceed one full shift, said employee shall be granted one -half (112) of a shift off with pay. Said time -off shall be scheduled in accordance with the convenience of the department and may be approved, in advance, consistent with established policies. For employees who sick leave i use exceeds that of one shift, no bonus time -off is granted. The provisions of f 3 . this sub - section shalt terminate on December 31, 1989 except for the time -off eamed as a result of this provision. Deletion of the Sick Leave Incentive from this MOU is tied to to the Police Sergeant Association deletion of the same. 4.4 Donation of Sick Leave - Unit employees shall be allowed to donate one (1) day of sick leave to other Police Department employees within the Police, Police Supervisors, or Safety Management units, who have experienced a serious illness or injury which is not covered fully by City paid time or ins, rance. The employee who is in need of donated sick time must have exhausted all , compensatory time, sick leave and vacation time before other employees may make donations. Donation of sick leave will be available only to individuals who are absent from work for periods in excess of five (5) days and who have not exhausted their paid time off through repeated nonrelated illness or injuries which were not of a serious nature. Maximum donation of sick leave shall be one (Q day per incident per donating employee. The final determination as to the recipient's eligibility for donated sick leave time shall be made by the Chief of Police. Any donated hours that remain in the recipient's bank after return to work from the qualifying incident, shall be pro-rated back to the individual donor's sick leave accounts. Unit employees p yees shall also be allowed to donate a maximum of one (1) day of sick leave per incident to the general, public works, administrative and confidential employees` sick leave bank, but shall not be allowed to receive donations of sick leave from that bank. 4.5 Employees retiring from City service shall receive a payment equivalent to one hundred percent of the employee' unused sick leave balance on record on the the date of retirement not to exceed 800 hours. SECTION 5. GRIEVANCES AND APPEALS FORM FROM DISCIPLINARY ACTION 5.1 Grievances will be processed in accordance with Attachment B. 5.2 Appeals from disciplinary action will be processed in accordance with Attachment C. a S • ^INWI 1� The Association, its members and representatives, agree during the term of this agreement that it and they wil not engage in, authorize, sanction, or support any strike, slowdown, stoppage or work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided 4 such equipment is safe and sound) or to perform customary duties; and neither is the Association nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations or management or of employees not covered by this Memorandum of Understanding. SECTION 7. HOLIDAYS 7.1 Offical City Holidays - The official City holidays are: a) January 1 b) February 12 c) The third Monday in February d) The last Monday in May e) July 4 Q The first Monday in September g) The second Monday in October h) Veteran's Day Q Thanksgiving Day j) The Friday immediately following Thanksgiving Day k) December 24 l) December 25 ® The one -half day holiday (four hours) for non -swom Police personnel for Christmas Eve may be taken at any time during the fiscal year at the employee's request, subject to approval or the employee's request, subject to approval of the emplovee's immediate supervisor. Such time -off may not be accrued from year to year, and if not taken off during the fiscal year, wig be automatically relinquished by the employee at the end of the fiscal year. (Remainder of Section 7.1 replaced by 'Floating Holidays' provision.) 7.2 Personnel Not Granted Holidays Off - Personnel assigned to positions which must be manned each day of the week are not granted official City holidays as days off with pay. In lieu thereof they shall receive one (f) day's pay for each official City holiday. These additional day's pay shall be paid over twenty -six (26) pay periods in the year and shall be in addition to other regular compensation. 7 -3 Personnel Granted Holidays Off - Personnel not covered under Section 7.2 above shall not be required to be on duty on official holidays designated by the City but shall be paid straight time for that day as d k was worked. It an employee's service are needed and required in the interests of public heals„ safety, or general welfare on an official holiday, compensatory time -off may be granted or overtime shall be paid. 0 7.4 Detective Division Holidays Off - Personnel assigned to the Detective Division 5 will be granted the following official City holidays off with pay: a } January i b) Thanksgiving Day c) Day after Thanksgiving d) December 25 Should any of these holidays fall on Saturday or Sunday, they will be taken in accordance with the City Personnel Rules. The remaining official City holidays will not be granted as days off with pay. In lieu thereof they shall receive one (1) day's pay for each remaining official City holiday. These additional day's pay shall be paid over twenty -six (26) pay periods in the year and shall be in addition to other regular compensation. 7.5 Floating Holidays - In addition to the fixed holidays specified above, employees shall be granted 35 hours of floating holidays on January 1 of each year. New employees shall be granted floating holidays on a monthly pro -rated basis. Floating holidays may only be taken with the prior approval of the employee's department head or his/her designated representative but, said time off will not be unreasonably denied and is to be scheduled and its use authorized in the same manner as vacation time. Should an employee feel they have been unreasonably denied, every effort will b made to resolve the problem on an informal basis. If these efforts do not resolve the problem, the City and Association agree that its representatives will meet and discuss the situation in an attempt to reach a satisfactory accord prior to the filing of a formal grievance. Employees must use all floating holiday hours within the calendar year earned. Any floating holiday hours remaining on the books on December 31 of each year shall be forfeited with no payment. Any floating holiday hours remaining on the books on an employee's termination date shall also be forfeited with no payment. 7.6 The City and Association agree that personnel assigned to positions which must be staffed each day of the week and who are not granted official City holidays as days of£ with pay may, in lieu of receiving one day's pay for each official City holiday, reduce the number of holiday pay hours by twenty (20) and have said hours added to their floater leave balance. This provision would not be available to personnel assigned to the Detective Division because those employees already have special provision for certain holidays off_ Said additional floater leave shaft be taken off in accordance with the convenience of Me Department and wig be scheduled and approved in accordance with the provisions of this Memorandum of Understanding or the City's personnel rules. In the event the Department is unable to allow an employee to schedule and use this time off the employee will be paid for this time on an hour for hour 6 basis. The remaining 72 hours are holiday pay, shall be paid over twenty-six is (26) pay periods in the year and shall be in addition to other regular compensation. Employees choosing to reduce the amount of holiday pay they receive and add the twenty (20) hours of time -off to their floater leave balance, shall make a one time non - revokable choice no later than February 1 of each year. (December 31, 1988 expiration date removed.) SECTION 8. EDUCATIONAL INCENTIVE PAY The City agrees to continue the current educational Incentive Pay Benefit which provides that each sworn member of the Police Department shall receive two and one -half percent (2 -1l2 %) above the authorized rate of pay contained in the approved salary plan for possession of the intermediate P.O.S.T. Certificate and five percent (5 %) above the authorized rate of pay contained in the approved salary plan for possession of the advanced P.O.S.T. Certificate. SECTION 9. TUITION REIMBURSEMENT The City shall pay the cost of tuition and books for up to two (2) job - related classes of formalized study per semester or quarter, provided the cost of said classes is no more than normal tuition expenses at the most local college -level institutions (i.e., University of Nevada -Reno, Sacramento State, and South Tahoe Community College). The eligibility of the course for tuition reimbursement must be approved by the City prior to the enrollment of the employee and the employee must successfully pass the course to receive the tuition reimbursement. SECTION 10. ADMINISTRATIVE ASSIGNMENTS The City and Association agree that the following administrative assignments shall be made by the Chief of Police subject to his discretion, and such incumbents shall serve at the pleasure of the Chief. It is further agreed that removal from said administrative assignments does not constitute disciplinary action. 10.1 Detective Assignment Pay - Individuals in the Police Officer classification who are assigned to serve as Detectives shall receive an additional payment equal to 5% of their base hourly rate during the time of such assignment. 102 Field Training Officer Pay - Qualified individuals in the Police Officer classification assigned to serve as Field Training Officers shall receive an additional payment equal to 5% of their base hourly rate during the time they are actually engaged in training a new police officer. Assignment as a Field . Training Officer shall be made at the sole discretion of the Chief of Police. 7 i10.3 Canine Handlers - Sworn members of the Police Department designated as canine handlers shall receive One Hundred Fifty ($150.00) Dollars per month in addition to their regular base pay for the care of the animal. It is mutually understood that the money is reimbursement for additional expenses incurred by the employee and the additional time (overtime) spent in caring for the animal. SECTION 11 ACTING PAY A. NON -SWORN EMPLOYEES: 1. Police Clerks Working as Dispatchers or Senior Dispatchers Police Clerks who have been fully trained in dispatching duties may be assigned by management to temporarily assume some or all of the duties of a Dispatcher or Senior Dispatcher position which is vacant due to a temporary absence or termination of the incumbent. Police Clerks who are so assigned, shall receive 'acting' pay beginning with the first hour of the assignment. Acting pay shall be five percent (5 %) more than the employee's salary in the present classification, or the first step of the higher classification's pay range, whichever is greater.. In no case, shall the employee receive a salary greater ® than the top step of the salary range of the higher classification. Acting pay shall apply to any overtime worked in the higher classification (when eligible), but shall not apply to any paid leave taken during the acting assignment. 2. All Other Non -Swom Employees: Employees may be assigned by management to temporarily assume some or all of the duties of a position which is vacant due to a temporary absence or termination of the incumbent. Additional compensation shall be given for such assignments when the following provisions have been met: a_ The assignment is made in writing by the Police Chief or his/her designated representative and approved by the Personnel Director. b. The employee is assigned to perform a scant majority of the duties of a budgeted vacant position in a higher paid classification. C. The duties of the higher class are assigned to and performed by the designated ernployee for eighty (80) or more regular work 8 hours; except when Dispatchers are performing Senior Dispatchers duties, the duties of the higher class must be assigned to and performed by the designated employee for a minimum of eight (8) hours. Employees who perform the duties of a higher classification under the above provisions, shall receive 'acting' pay beginning on or retroactive to the first day of the assignment. Acting pay shall be five percent (5 %) more than the employee's salary in the present classification, or the first step of the higher classification's pay range, whichever is greater. In no case shall the employee receive a salary greater than the top step of the salary range of the higher classification. Acting pay shall apply to any overtime worked in the higher classification (when eligible), but shall not apply to any paid leave taken during the acting assignment. 13. SWORN EMPLOYEES: 1. Temporary Assignments to Supervisory Positions Sworn employees in this unit may be assigned by management to temporarily assume the duties of a supervisory or management position which is vacant due to a temporary absence or termination of the incumbent. Such assignments must be make in writing by the Police Chief or his designee and approved by the Personnel Director. Employees so assigned shall be paid *acting" pay from the first day of the assignment. Acting pay for such assignments shall be the lowest step of the salary range of the assigned position which provides a minimum of a five percent (5 %) increase. Further, the rate of pay will not be less than the base salary received by those employees he/she will supervise. Acting pay shall apply to any overtime worked in the higher classification (when eligible), but shall not apply to any paid leave taken during the acting assignment. Qualification for such temporary assignments may be based on placement on an existing promotional list for that assignment, certification or training requirements as determined by the department or by ft determination of the Police Chief or designee that the person is quaW§9d, 2. Temporary Assignments to the Detective Division ! Police Officers may be temporarily assigned to the Detective Division io 9 meet emergency or special project needs. Additional compensation shall be given for such assignments when the following provisions have been met: a. The assignment is made in writing by the Police Chief or his/her designated representative and approved by the Personnel Director. b. The duties of the Detective class are assigned to and performed by the disignated employee for eighty (80) or more regular work hours. Officers assigned to the Detective Division under the above provisions, shall receive 'acting' pay beginning on or retroactive to the first day of the assignment. Acting pay for such assignments shall be the salary rate at the employee's equivalent salary step in the Detective range (i.e., a Step 3 Officer shall be paid at the Step 3 salary for the Detective range). Such acting pay shall apply to overtime worked in the Detective position (when eligible), but shall not apply to any paid leave taken during the acting assignment. SECTION 12. SALARIES 12.1 Salary ranges for all classi ications in the bargining unit are indicated in Attachment A 12.2 The City agrees to continue payment of the employees regular share of the contributions to the Public employees Retirement System on behalf of the employee. For safety employees covered by this Memorandum of Understanding, this would amount to 100°% of the 9.0% employee contribution. 12.3 The rates of pay set forth on Attachment 'A' represent for each classification the standard rate of pay for full -time employment unless the schedule ir+dicates otherwise. WIZI i 13.1 Entitlement to Take Vacation - All permanent employees shall be ended to take vacation leave with pay - Vacation may be taken following completiion of six (6) months service in a permanent position. 10 13.2 Probationary Employees - A t such time a probationary employee becomes a permanent employee, said employee shall receive earned vacation benefits from the initial date of continuous employment as a probationary employee, pro- rated according to the number of hours worked under probationary status. 13.3 Provisional and Temporary Employees - Provisional and temporary employees do not accrue vacation and sick leave credits except• that the service of an employee in a provisional or temporary capacity may be included with service as a permanent employee provided that the employee's service with the City has been continuous since the initial position and is within the same classification as his/her temporary or provisional position. If such service is included with the service as a permanent employee, such employee shall receive earned vacation benefits from the initial date of continuous employment as a provisional or temporary employee, pro -rated according to the number of hours worked under provisional or temporary status. 13.4 Computing Vacation - For the purpose of computing annual vacation leave, one vacation day shall equal one -fifth (1/5) the number of working or duty hours in the established work week. Permanent employees who regularly work less than the number of hours established as full -time shall be credited with vacation on a pro-rated basis considering the number of hours worked. Vacation leave shall ® be earned in accordance with the following schedule: a) First five years of employment: 80 hours per service year b) Six to ten years of employment: 120 hours per service year c) Eleven to fourteen years of employment: 160 hours per service year d) Fifteen to seventeen years of employment: 168 hours per service year e) Eighteen to twenty years of employment: 176 hours per service year fj Twenty -one years or more of employment: 184 hours per service year 13.5 Timing of Vacation - The time when an employee may take vacation shall be determined by the Department Head with due regard for the wishes of the employee and particular regard to the needs of service. An employee may elect 11 to take all or part of earned vacation, or may carry over to the next service year all or part of earned vacation as approved by the department head. If the requirements of the .service are such that an employee cannot take part or all of the annual vacation in a particular year, such vacation should be taken during the next following twelve months, at the discretion of the Department Head. The total number of vacation hours which may be accrued at any time during a calendar year shall not be limited provided, however, the total number of vacation hours which the employee shall be entitled :to carry over from one calendar year to next, if he/she so desires, shall be limited to 240 hours. This limitation shall be imposed on the last day of the first full pay period ofJanuary. Notices shall be sent to employees and the Departme� �t Head at least one month in advance of the last day of the first full pay period of January when the employee exceeds the 240 hour limitation or when it appears the employee will exceed the 240 hour limitation. Nothing in this section shall be deemed to allow any employee to be paid for any accrued vacation which is in excess of the 240 hour carry over limitation. Every employee shall be encouraged to take vacation every year and may be required by the department to take sufficient vacation to keep their vacation balance under the 240 hour limitation. Should an employee refuse to schedule, or once scheduled, decide not to take vacation so that the vacation accumulation will exceed the 240 hours as of the last day of the first pay period January, said employee shall have his/her vacation balance reduced to the 240 hour limitation and shall not be paid for hours in excess of that maximum. Should the department refuse to allow an employee to take vacation, and said employees vacation balance exceeds 240 hours by the last day of the first pay period January, said employee will be paid the cash equivalent of earned vacation over the 240 hours limitation which cannot be taken. Every employee shall be encouraged to take vacation every year. No person shall take vacation in excess of thirty working days without the written authority of the department head and City Manager. 13.5(a) In an effort to reduce the cost of payouts for excess vacation, the City and Association agree to increase vacation accrual maximum to 300 hours. This increase shall be effective on the last day of the first full pay period of January 1994. Following this date, the maximum shall revert back to 240 hours. 13.6 Pay for Unused Vacation - Upon termination from employment with the City, every permanent or probationary employee who has served the City for six (6) months or more shall be paid for all unused vacation earned prior to said termination date. Payment for unused vacation shall be determined by the rate of pay for the position upon the date of termination. 13.7 Holidays During Vacation - In the event one or wore holidays fall within an employee's annual vacation leave, such holiday sha1l not be charged as vacation leave unless said employee receives holiday pay for that day_ Is 13.8 Vacation as Sick Leave - A permanent employee or probationary employee, 12 employed for a period longer than six (6) months, may use vacation leave upon the exhaustion of accrued sick leave and compensatory time when applicable. 13.9 Partial Vacation - Employees may use earned vacation time in increments of less than one day, subject to the approval of the appointing authority. 13.10 Requesting Vacation - Vacation requests may be made at any time by an employee on the forms approved by the appointing authority. However, requests should be processed a minimum of five (5) working days prior to start of vacation to permit proper planning of staff needs and work assignments. Vacation approval procedure may va r between departments to reflect staffing needs. SECTION 14. UNIFORMS 14.1 Uniform Allowance - Uniform allowances are hereby authorized for employees required to wear standardized clothing in the performance of assigned dunes. Th employee eligible for uniform allowance and the authorized rate of compensation for such allowance are as follows: Employee Classification Rate of Compensation Ponce Officer and Police Detective $575.00 per year Public Services Officer $400.00 per year Dispatchers/Clerical/l.D. Technicians $350.00 per year Police personnel are eligible for payment of uniform allowance only after completion of the initial probationary period. 14.2 Damaged Uniforms and Equipment - Uniforms and required equipment for Police Department employees if damaged in the line of duty and not due to the negligence or willful misconduct of the member concerned will be replaced by the City. Such damaged uniforms or equipment will be turned in by the member concerned to his immediate supervisor with a written request for replacement The request shall briefly state the fads and circumstances which caused the uniform or equipment to be damaged. 14.3 Safety Equipment A The City agree to provide to all newly hired sworn personnel, and to current swom personnel who were not issued the specified equipment, and to replace for aA swom personnel as nary, the following iterm 1) Sam Brown belt 7) Riot helm 2) On -duty holster 8) Belt keepers 3) Shell carrier 9) Baton holders 13 do 4) Handcuffs 10) Handcuff covers 5) Baton 11) Flashlight 6) Whistle 12) Raincoat This equipment shalt remain the property of the City and shall be returned to the City when the employee terminates or when ordered by the Chief of Police. B. The City agrees tc provide a weapon of it choosing to those swom personnel hired on or after October I, 1983. In the event the newly hired employee does not wish to receive said weapv ., the newly hired employee may provide a weapon which meets departmental approval, at the employee's cost. The City will not be required to reimburse the employee the cost of the weapon. Weapons provided by the City shall remain the property of the City and shall be returned by the employee at the time of termination or when ordered by the Chief of Police. C. The City agrees to provide a protective vest to those sworn personnel who desire one. Vests provided by the City shall remain the property of the City and shall be returned by the employee at the time of termination or when ordered by the Chief of Police_ D. The City agrees to provide to all newly hired sworn personnel and to ® current sworn personnel who were not previously issued said items the following items: Foul weather hat, foul weather jacket, foul weather boots and gloves. Replacement of the items identified in this paragraph will be the responsibility of the employee as part of their uniform allowance. upon separation from the department, the employees will retain ownership and possession of the items listed in this paragraph except that any employee whose service terminates within twelve (12) months from the date of issue of these items, shall refund to the City through the department, one -half (1/2) of the City's cost of said items or shall return these items to the department prior to receiving a final pay check Should an employee fail to return the item or refund one -half (1/2) of the City's cost by the time the final paycheck is to be given the employee, the City is specifically authorized by the Association, as the employees representive, to withhold the necessary amount from the final paycheck_ employees whose service with the City terminates more than twelve (12) months after having been issued said items, shall not be required to reimburse the City for any of the costs associated with said items and shall, in addition, retain ownership and possession of the items listed in this paragraph_ E Replacement of the items identified in this agreement wig occur when lit S has been deemed necessary by the employee's immediate supervisor. M the event, unauthorized or negligent use resins in damage to any of the 14 issued items identified in this agreement, the employee will b responsible at his or her own cost to provide replacement of the item or items. F. It is agreed that the safety equipment identified above, and all uniform items issued by the City shall only be used for on -duty job performance. - In the event any of the equipment or uniform items issued are used or worn in a non -job situation, the employee will be subject to disciplinary action. SECTION 15. COMPENSATORY TIME OFF Employees may continue to accumulate up to a total of eighty (80) hours of compensatory time off. Within budgetary limits and the provisions of the Fair Labor Standards Act, employees may elect pay or time -off for overtime even though the eighty (80) hour limit has not been reached. SECTION 16. RETIREMENT PLAN 16.1 Sworn Safety Members - The City agrees to continue safety employees' coverage in the Public Employee's Retirement System, Plan B. Plan B is defined as an unmodified safety plan (2% at 50, 1959 Survivor Benefits and Post - Survivor Benefits). Contributions to the retirement plan by the employee and the City shall continue in accordance with the rules and regulations of the SPublic Employees' Retirement System and the provisions of this Memorandum of Understanding. 16.2 Non -Safety Members - The City also agrees to continue miscellaneous employee coverage in the Public Employees Retirement System for non -safety members represented by the Association. Contributions to the retirement plan by the employee and the City shall continue in accordance with the rules and regulations of the Public Employee's Retirement System and the provisions of this Memorandum of Understanding. 16.3 Those employees covered by this Memorandum of Understanding who are within three (3) years of retirement will have the option, so long as the City continues to pay the employee contribution on behalf of the employee to PERS, of having the City continue to pay the employees contribution or of paying the employee contribution themselves and receiving an increase in pay so that the cost to the City does not increase. Should a safety employee elect the option of paying their own PERS contribution, they would receive an increase in pay of approximately 6.8 %. A non- safety or miscellaneous employee would receive an increase in pay of approximately 6.0% 16.4 Employees resigning in good standing after 20 years of service with the City wit upon receiving retirement benefits from PERS, be eligible to receive those benefits provided by the City to service retirees. In order to be eligible, such 15 individuals must be retired from PERS- covered employment and must be receiving PERS retirement benefits. SECTION 17. PAY FOR CALL -BACK CO RT TIME AND RANGE TIME 17.1 Call-Back - An employee recalled to work outside of and not continuous with regularly scheduled hours shall be paid a minimum of three (3) hours at the rate of one and one -half (1 -112) times the employee's regular straight time rate of pay. Holdover is notification during working hours, through posted overtime signup sheet, or a prearranged modification of work schedule. Holdover is not considered call -back for purposes of the 3 -hour minimum overtime pay. 17.2 Court Time - The City and Association agree that employees who are ordered to report to work during their off -duty hours for the purpose of appearing in court and who do so at the specified time shall receive a minimum of three (3) hours pay at the rate of one and one -half (1 -112) times the straight time rate of pay. 17.3 Range Time - Employees who are ordered to report to work during their off -duty hours for the purpose of participation in shooting proficiency training at the shooting range and who do so at the specified time shall receive a minimum of three (3) hours pay at the rate of one and one -half (1 -1/2) times the straight -time rate of pay. 0 SECTION 18. JOB ACTIONS In the event of violation of the provisions of Section 6 (Concerted Activity) of this Memorandum of Understanding on the part of the Association or any member of the Association, the City is entitled to withdraw any rights, privileges, or services provided for in this Memorandum of Understanding, City rules, regulations, or ordinances. ECTION 19, POL QE OFFICERS WORKING OVERTIME IN DISPAT Police Officers will be allowed to voluntarily choose to work additional hours beyond their normal workweek in the position of dispatcher. Any police officer choosing to work such hours who is not yet deemed to be qualified to work as a dispatcher by the Police Chief, must first receive dispatch training on a non - paid, volunteer basis. (It is estimated that such training will take from ten (10) to twenty (20) hours depending on the previous experience and skill of the individual.) Officers so trained wN be noted of any shift vacancies in the dispatch division and allowed to sign -up to work some or al of those hours. k is agreed that pay for such hours shall be set at the first step of the dispatcher salary range, but that such pay wil be combined with regular police officer wages to establish an appropriate weighted overtime rate in accordance with the Fair Labor Standards Ac L Poke Officers who volunteer to work additional 16 dispatch hours wig not be eligible for shift differential pay- Nothing in this vi g provision shall limit the department's authority to directly assign either dispatchers or police officers to work overtime hours in the dispatch division (when so directed, police officers will be paid at their police officer pay rate or may choose compensatory time off for such hours); to determine the appropriate priorities or procedures for the employees' request of overtime hours; or to disapprove any overtime hours requested. SECTION 20. PERSONNEL ASSIGNMENTS 20.1 July 4 - The City agrees that two (2) weeks in advance of July 4th it wig post, on the official bulletin boards, a list of those scheduled to work on July 4th. In order to facilitate the department meeting its two (2) weeks in advance posting requirement, the shift sign -up list will be posted for a period of two (2) weeks starting on or about June 1. Employees are expected to complete the shift sign - up list as soon as possible after it has been posted. 20.2 Snow Removal - The City and Association agree that for the months of January, February, March, and April the department will post a list two (2) weeks in advance of the first of each of these months showing the names, dates, and approximate shift assignments of those persons designated who will be called out for snow removal duties should it be necessary to utilize off duty personnel for this assignment. The City and Association further agree that at least three (3) weeks in advance of the first of each of these months a list will be circulated to employees that will allow them to voluntarily sign up for specific duties and approximate shift assignment times_ In order to facilitate the snow removal call -back program without unduly interfering with the off-duty activities of those persons designated, employees may call the watch commander in advance to determine if he/she will be needed. In the event, the designated person does not call in, the watch commander will make every reasonable effort to Wdy the person in advance whether or not they will be needed. Nothing in this section will serve as a guarantee of a minimum number of hours to be worked if called in except that persons called in on the day designated, who in fact report, wig be paid in accordance with the call -back provisions of this Memorandum of Understanding. Employees wig be encouraged to complete the sign -up sheet in a tknely manner so as to minimize the number of personnel the department must designate. so 17 0 SECTION 21. RESIDENCY /RE,,SPONSE TIME The City nd Association anon agree that it is reasonable for Association members to in the following locations (See Attachment) Tahoe Basin: South Shore north on Highway 89 Cascade Property Closure Tahoe City south on Highway 89 to Granlibakken Tahoe City east and south to South Shore East of Carson Pass East of Echo Summit Carson City Dayton (developed area) Gard nerville /Minden South on Highway 395 to Topaz Junction Markleeville SECTION 22. EMPLOYEE RECOGNITION The City and Committee agree that a Task Force comprised of a representative from each recognized bargaining unit and representation from management will be formed to review and recommend to the City Manaqer appropriate methods of enhancing employer recognition. It is further agreed that as part of its discussion the Task Force will also consider the question of recognizing employees for off -duty time spent on City wide committees and task forces. SECTION 23. SMOKING RESTRICTION The City and Association agree that those employees hired on or after January 1, 1985 will, 'as a condition of employment, be prohibited from smoking tobacco produts of any kind while on duty. It is also agreed that should a covered employee violate this section, they wil be subject to appropriate disciplinary action. It is further agreed that any current employee who smokes tobacco products or who hereafter starts smoking tobacco products will be prohibited from smoking in those areas designated no smoking areas. SECTION 24. POUCE TRAINEE The City and Association agree that a new classification of employee wit be established to be know as Police Trainee - This Classification is established at a salary rate 14 °% below first step of Police Officer and is to be fed by those employees newly hired to be Police Officers who have not yet completed the Peace Officers Standards and Training Basic Academy. These newly hired persons vWI not be considered swom safety personnel until such time as they 18 have successfully completed the P.O.S.T. Basic Academy and have been sworn in. It is also agreed that they will be sworn -in as soon as possible after successful completion of the P.O.S.T. Academy. SECTION 25. PHYSICAL FITNESS PROGRAM 25.1 General Program Structure - In the interest of maintaining employee fitness and health at a level necessary to safely perform the duties assigned, the City shag continue a physical fitness program for employees in this unit. Participation in the program and adherence to the established standards for the prograrn is voluntary for all unit employees. The Police Chief shall appoint and maintain a departmental Physical Fitness Committee, to include representation from the Police Association. Such committee shall make recommendations to the department management regarding physical fitness standards, evaluation protocol, and administrative procedures ; final decisions regarding the structure and administration of the program shall be made by the Chief. The committee shall administer the established program, schedule the annual test, and assis each employee in reaching and maintaining the established fitness standards. The City shall contract with a qualified physician to provide advice on program structure and standards, and to evaluate and develop individualized conditioning programs for participants who do not meet the established standards. Exceptions to the program standards and medical exemptions from the program may be approved by the Chief upon the recommendation of the Physical Fitness Committee and the program physician. Physical Training Time - Each unit member shalt be granted two (2), one hour blocks of paid, on -duty time during each forty (40) hour week worked to use for physical training and conditioning. (When an employee works less than forty hours in a week, physical training time can be pro-rated accordingly.) Such time shall not be granted until the employee has submitted a written fitness training proposal to the Fitness Committee (to include the kind of exercise that will be performed) and has had that proposed program approved by the Committee and the Police Chief. 25.2 On the Patrol 4 -10 schedule, the PMT approved the following schedule in October 1992: (See Section 35) Swing Shift -45 minutes per day/ 3 hours per week. Swing shift Officers wil work 9 hours and 15 minutes per shin. Any time in excess of the 9 hours and 15 minutes will be considered overtime. Detective personnel assigned to swing shift will be given an additional hour per week for a total of 3 hours. 19 Graveyard Shift -1 hour per day/ 4 hours per week. Graveyard Officers assigned to that shift, wiU work 9 hours per shift. Any time worked in excess of 9 hours wil be considered overtime. Day Shift- No additional time off. Day shift Officers will receive 30 minutes per day/two hours per week. Day shift Officers will work 9 hours 30 minutes per -Any Any time worked in excess of 9 hours 30 minutes wiU be considered overtime. 25.3 All paid physical training time shall be documented by the employee on the forms and in the manner established by the department, to include time started, time stopped, and activity performed. Unused training time may not be carried over from one workweek to the next, but will be counted as hours worked for the purposs of MOU overtime calculation. Employees who meet the department's fitness standards (as determined by the semiannual testing) may take their training time in any location of their choice appropriate to the activity being performed. Employees who do not meet the department's fitness standards must conduct their training time activities in the department's training room or in some other controlled location or arrangement as approved by the Chief. Employees who do not meet the established standards may also be required to ® perform fitness exercises prescribed by a physician and may be required to take the two hours of fitness time per week in different blocks of time than outlined above. NOTE: The following clause shall become effective only after the current physical fitness standards are reviewed and revised by the physical fitness committee in consultation with the department physician and approved by the Police Chief. Employees who do not follow the program structure or requirements as outlined above, or who do not meet the program standards and fail to follow the individualized program outlined for them by the City physician and Police Chief, shall be subject to progressive disciplinary action. SECTION 26. PATROL ROTATION PROGRAM The City and Committee agree that the Patrol Rotation Program will continue said program providing that all sworn personnel assigned to Patrol wig be required to change shifts for three (3) months out of every eighteen (18) months. Normal shift sign -up procedures wil remain in effect except ttat when an employee has remained on a shit for fifteen (15) consecutive months helshe shall choose a shdt different than the one they have been on. 20 For newly hired sworn personnel, the Patrol Rotation Program will not start until after the person has been released from the Field Training Officer Program. The Chief of Police or his/her designee reserves the right to assign personnel who do not rotate in accord with this plan, provided that the assignment of personnel by the Chief will not involve the bumping of a more senior person who has already rotated. Less senior sworn personnel who are unable to rotate during the eighteen month period will be required to- rotate at the first available opportunity. Patrol Rotation Program shall be suspended during the trial period of the Alternative Work Schedule for Patrol (see Section 35) SECTION 27. REWRITING OF CURRENT MOU LANGUAGE The City and Association agree to continue to meet and confer in order to reach agreement on rewriting the current Memoranda of Understanding language for greater clarity and comprehensiveness. It is understood that the intent of the rewriting is to document and clarify, not to change, the existing policies and practices. Changes .ay be made if agreed to by both parties, but any change not agreed to or any differences in interpretation will be referred to the meet and confer process for next year's contract. 0 SECTION 28. PAST MEMORANDA Except as amended by the terms of this memorandum, the terms of previously adopted Memoranda of Understanding shall remain in full force and effect for the full term hereof unless otherwise amended by mutual agreement of the parties hereto. This Memorandum of Understanding shall be effective October 1, 1992 except for those provisions of the Memorandum of Understanding whim have been assigned other effective dates as hereinabove set forth and shall remain in force and effect to and including the thirtieth (30th) of September, 1993, and shall continue thereafter from year to year unless at least sixty (60) days prior to the first day of October, 1993, or the first day of October of any subsequent year, either party shall file written notice with the other of its desire to amend, modify, or terminate this Memorandum of Understanding. :r ••• T F,&'T N any provisions of this Agreement are held to be contrary to law by court of icompetent jurisdiction% such provisions will not be deemed valid and existing 21 except t to the extent permitted by law and said provisions as may be declared so invalid shall be deemed severable from all other sections hereof; but all other provisions will continue in full force and effect. SECTION 31. DISPATCHER SHIFT DIFFERENTIAL Dispatchers who work non - daytime hours shall be paid the following shift differentials in addition to their regular pay rate for all regular and overtime hours worked during the shift periods: Swing Shift $.55 per hour Graveyard Shift $.80 per hour Police Records Technicians who are assigned to work dispatcher duties on an acting" basis shall also be eligible for this dispatcher shift differential for any non - daytime hours worked. The specific swing and graveyard shift hours eligible for this pay shall be as defined by the department. SECTION 32 LAYOFF PROCEDURE ® The City in its discretion shall determine whether layoffs are necessary. Although not limited to the following, layoffs shall ordinarily be for lack of work and/or lack of funds. If it is determined that layoffs are necessary, employees will be laid off in the following order. 1. Temporary and seasonal employees 2. Probationary employees 3. Employees will be laid off from the affected classification in accordance with their seniority in the department. Employees with the lesser seniority will be laid off first. DEMOTION IN LIEU OF LAYOFF In lieu of layoff, a regular employee may elect demotion to any lower classification wkhin the Department in which he/she is qualified If an employee eieds demotion in lieu of layoff, such employee shall be placed at the salary. step of the lower classification which represents the least loss of pay to the employee. In no event shall the salary be increased above that received in the Classification from which the employee was displaced. If there are no 22 vacancies in the lower classification and the demoting employee has less ® seniority in the department than the employees in the lower classification, the demoting employee cannot demote into that lower classification. • REEMPLOYMENT RIGHTS Employees laid off and those demoted in lieu of IayOff. who request placement on a reemployment list, shall be placed on the list in reverse order of the succession of layoff provided they are qualified to perform the work and meet all requirements of the position which may include passing all medical and psychological examinations, and background checkshrivestigations. SECTION 33. ASSOCIATION BUSINESS The following time off will be granted for conducting Association business from October 1, 1992 to September 30, 1993; 144 hours per contract year relief from duty will be granted for conducting Association business. This relief time does not include time needed for meet and confer meetings or time needed for the administration of grievances and disciplinary appeals. The Association must give notice of intent to use the relief time at least one week in advance of the time off. Departmental approval of the relief time off will be based on the manning requirements of the Department. SECTION 34 DETECTIVE WORK SCHEDULE The Detectives, Identification Technicians, and Law Enforcement Services Specialist work schedule is changed from the current schedule to a 4 -10 schedule. The schedule is to be implemented the first pay period following the ratification of a contract between the City and SLT POA. Six months following the implementation of the new schedule, the Participative Management Team of the SLTPD wil evaluate the schedule and determine if it meets the needs of the Orgnaization. The PM Ps decision to keep the schedule or return to the previous schedule will be reviewed by the City Council for final approval. If necessary, employees assigned to the Detective Division may be assigned back to a normal 5 day work week to cover annual vacations, Uaawfg, and sicknessAM. This reassignment would be scheduled to coincide with the pay period. 23 ® Section 35. PATROL ALTERNATIVE WORK SCHEDULE r� �J 35.1 Commencing June 19, 1993 through October 8, 1993, the Uniformed Patrol Division shalt work a 3 -12 schedule. The schedule will be reviewed by the PMT and City Council during September 1993 for its effectiveness and efficiency of operation. The PMT and City Council must approve continuation prior to October 9, 1993. If the Alternative Work Schedule is not adopted by all parties prior to October 9, 1993, the Patrol Division will return to the 4-10 schedule. The Chief reserves the right to determine the hours worked under the 3 -12 schedule. Each Officer will be required to work 8 hours 'pay back time' every four weeks at straight -time pay. The Chief reserves the right to schedule Officers for this 'pay back time'. The Chief agrees that the 8 additional hours will be paid back in the following manner: 8 hour pay back block - Every other 28 day period each Officer shall be required to work an 8 hour block in addition to his/her 3 -12 schedule. 4 hour pay back block - The other 28 day period each Officer shall be required to work a 4 hour block in addition to his/her 3-12 schedule. The remaining 4 hours are covered under Section 25. NOTE: Officers failing to pay back the above time shall have the time removed from their leave banks in the following order. 1) Vacation bank, 2) Compensatory time off bank, and 3) Floater leave bank. The pay of Officers with no accrued leave time shall be adjusted accordingly. _ 35.2 Community Services Unit Those Patrol Officers assigned the positon of Community Policing Officer (currently two officers are assigned) and School Resource Officer (currently two officers are assigned) shall remain on the 4 -10 schedule. Those Officers will be available for normal patrol duties in cases of emergencies and when patrol staffing falls below minimum levels. 24 ft IN WITNESS WHEREOF. the parties hereto have executed this ® � um of Understarx*V this o� o ry day of 1gn SOUTH LAKE TAHOE POLICE EMPLOYEES ASSOCIATION CITY OF SOUTH LAKE TAHOE • • 25 BY BY BY • IA' ! ta., I 1 i'1l i 11 ; .<< I 1 iil :a�ilJti .'�t`.! lailillt f' 1 `Cr�l. � •1! L ! aala I . I �.'i t iJ>, 0A TC „ fit jam. CON) T: !'LPL 11:E rl ; (i4l�+tTliul EFFECTIVE- EOtt�E jiJ91 POSIT'10" TITLE STEP 1 STEP 2 SYCP ?, STEP 4 STEP STEP 6 S TEI POLICE OFFICER 2 5�7 2,684 2,819 2,959 3,107 . 14.7491 154866 16.2609 17.0739 17.9276 IDENT /EVIDENCE TECH 2,435 2,557 2,684• 2,819 2,?59 14.0468 14.7491 15,486616.2609 17:0739 POLICE TRAINEE _2,322 13.3962 LAW ENFORCE SVC SPEC 2,216 2, 3`? 2,443 2,565 2,694 12.7850 13.4243 14.0955 14.8003 15.5403 POLICE /FIRE DISPATCH 2,110 2,:'1v 2 �''7 32 13 1.), 12.1749 12.7836 13.4228 14.0939 14.7986 POLICE RECORDS TECH 1,911 2,007 2,107 2,213 2,323 11.0-'6`- 11.5//8 12.1557 12. ?6415 13.4027 PUBLIC SVCS OFFICER 1,897 1,992 092 15 2,306 10 .945;, 1 1 .4929 12.0671c 12. L709 13.3044 0 OLICE RECORDS CLERK. 1,735 1,821 1,912 2,008 2,108 10.0072 10.5076 11.0330 11.5847 12.1639 • Failure of the employee to act within the required time periods specified for any level of this Of the grievance at the last step Procedure snail .esult in a resolut:Q<� within the required time periodsshalluresulFailure of the City to act advancement of the grievance to the next step of the procedure. Time limits specified in this procedure may be extended by mutual written agreement between the grievant or his /her representative and the City. „ The term submitted to" as used in this procedure shall mean the actual delivery of the document to the addressee's normal place of business. Section 5 - PROCEDURES Every attempt shall be made by level of this Procedure. Y the parties to settle the issue at the between the parties involdmay anyystage of this grievancerProced be waived. procedure Stets I. 11- MEDIATE SUPERVISOR Within thirty (3 Q) calendar days following knowledge of the event o . action on .which the r his /her 'immediate` su��evance �n based, 'the employee- shall notifjr ` . pezvisoz •either orally_ or in- 'writing of the nature ' of the_ grievance: :.within -.ten. {10):da s; of bein the grievance -working Y. g- noti f led . of the supervisor -sha12 meet with the r'evant, ' investigate:. the al ed. - - g• i- - _ g grievance, acid provide the grievant an answer_ Step II - DIVISION HANAGER" - -- - .' . If the grievance is not resolved in Step his /her divisi I, the grievant may notify on' manager either orally or in writing of the grievance_ Within ten {lo) working days of being notified of the grievance, the division manager shall meet with the grievant, investigate the alle ed grievance, and provide the grievant an answer. g Note: This step of the process should be repeated* management exist between the immediatesupervistlthels of department head_ or and St_ ep III - POLIC£ CHIEF It the grievance is not resolved in written grievance to the .Police Chief tvPthin the grievant may submit a receiving the Step II response_ {l0) working days of The written grievance shall contain the following infornation: • ten (10) working days following the meeting, Lfic City or his/tier designee shall issue a written decision to all �1c3n'�cer directly involved in the grievance" Par-•ies STEP V - HEARING BOARD If the resolution presented b satisfactory to the grievant ythee Citv Hanager or designee is not working days from receipt of, the decision submiwithin ten (lo) ten ' the City Manager for a hearing by an outside hearing board_ request to The outside hearing board shall be selected as follows: two (2) members selected by the grievant; one (2) members selected by the City; (1) person from the community mutually _ grievant and the City_ agreed upon by the The grievant or his /her representative shall notify the Personnel Director of the names of their selected members within ten (l0 working days after submitting the request for the hearing ) he Manager. The Personnel. Director shall notify the greivanttOfttheCity City's selected members within ten notice of the , (IO) - �►orking clays .after receiving - grievant s choices. Within ten their individuals me (.o? working days after ' the "fifth memli�r_ fibers . are..named,: -the . two The - The-hearing'-board Paurt es. shall" agree- upon work -in g board viii il g. days after, .final iiesigi atian- -of -all fiv�ee {Sj members: tx. (?Qi� -Ali interested parties. shall. be notified b writing of the date, -time and by "Personnel Director working a s. Place of the•hearing at least ten (10) g Y - prior to the hearing -, - - Upon mutual agreement and with the consent of the hearing board, the City -and the grievant may submit written materials to the hearin board in lieu of holding a hearing. 4 If the grievant is not represented by the Association, the shall have standing at any hearing as a party of interest. Association The hearing of the grievance shall be conducted nder the rules: r ;ollow" ng a-) All hearings shall be grievant may request b -) r Private; provided, however, that the a hearing open to the public. Proceedings of the hearing shall be recorded but net transcribed except at the request of either transcript shall bear the ex party. ed - °arty =c9uestinq t are agreed to by both Pcnse involved unless shared exper_ses transcipts, a co Parties. Should either party request COPY shall be made available tc the other party. • i 10 DISCIPLINARY APPEALS PROCEDURE Section 1 - APPLICATION The disciplinary appeals to all permanent status Understanding. It shall Section 2 - DEFINITION procedure described herein shall be available emPloyees covered by this Memorandum of not be applicable to probationary employees_ As used in this procedure, discipline demotion, reduction in a disciplinary action shall mean discharge, without pay, or suspension without pay_' Suspensions pay for periods of less than three (3) working days shall not -be subject to the pre less r appealed only to the City Manager �lReVW of this Procedure and may be decision on such a level. The City Managers appeals shall be final. Suspension without pay shall be .event shall such suspension be i posded ed on consecutive days_ In no compensatory time off previously � bainsc vacation -and/or • - Section 3 -;REPRESENT - .y an employee. . • ATION :NO_ RRP'i lSAL- • _- : _ _ _ . An employee :may be represented .b - .• - :' - - • any and all stages of this a y __�divYdual sj. of his%her- choice at reasonable _amoiurt f peel process': e City shall grant- a - Of-paid paid release time from vork- for .one assist the appellant in - employee to' level of this Preparing and presenting an appeal at any procedure _ When an employee whom the City is City has disciplined has idety Is proposing to discipline or whom the representatives, such representatives) shall be notified of formal actions taken in the disciplinary process_ In the case of disciplinary actions consisting of suspension pay for less than three (3) days, employees shaill be given s without notification sufficiently in advance to allow a representative to be Present during the presentation of the discipline document- No r7+ employee shall be subject to restraint, coercion or reprisal as a result of filing an a Ppeal under this procedure_ Section 4 - TIME LIMITS Failure of the employee to file an appeal periods specified for any level of this within the required tise Procedure she ! 1 constitute an = The City .tanager may at) point a personal designee. who shall no concerned department head or others directly i�: t zhe disciplinary action, vo[veci in the hear the appeal- designee shall seta meeting date which shall notybeamorerthanhfifher (15) working days after receipt of the a fifteen ppea�: by the City Manager. The appellant, the department head, and an the City :-tanager /designee or the appellant y other parties requested by and present oral and /or docL.;. entaryevidencehrelevantntottheme�* js-g disciplina ry action. The City Manager or his /her designee may also conduct such other independent inves discipline as he /she deems necessarytigation of the charges and Within ten (10) working days following the hearing, the City Mana g er involved his /her designee shall issue a written decision to all partiesn- The designee has the authority to affirm repeal or modii the disciplinary action taken. y The City Manager's review may be waived by mutual agreement between the appellant and the City. B Hearing Board . The _employee has - :Yhe right . to appeal the - _ ' Manager-!s ,designee b sub decision o;f the: Ci - Y- mitt to ty_ - for a ' -heaun b - the CitTr Manager a �ri£ten _ r - _ g y an outside hearing board. Such -a quest -' . submitted to --the.- City Manager- within ten . PPeal ?aust � -_ receipt of- the ,designee's decision: ` (10) working days- after - The - outside hearing board _shall be selected as follows:+ - two (2) members selected by the grievant; - two (2) Members selected by the City; - one (1) -person from the community mutually agreed upon by the grievant and the City The grievant or his /her representative shall notice. Director of the names of their selected members withinete Personnel 10) working days after submitting the request (10} Manager_ The Personnel Director shall notify the greivant of the hearing to the City City's selected members within ten (10) working notice of the grievant's choices_ within ten days after receiving their individuals members are named, the two (parties shall dare after the fifth member_ The hearing board will convene shall agree u working days after final designation of all five (5) within tweet �n Y {20j ( ) "embetrs _ X31 interested parties shall be Director of the date, time and notified in writing by �e personr.el working days prior to the hearinq�Ce of the 1�earinai at least ten {IL Each part• shall bear the cos o� pI-eparat ica .end � t its o�re� ��re :cn�at i0:) including h ost hearing brief:- The decision of the hearing board shall be binding upon both Parties to the `appeal. I7 • • • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -30 A RESOLUTION DENYING THE CLAIM OF CHESTER MORRIS, ATTORNEY FOR MAHER A. ABU AL -BASAL . that; RESOLVED, by the City Council of the City of South Lake Tahoe WHEREAS, this claim against the City of South Lake Tahoe was filed April 15, 1993 by Chester Morris, attorney for Maher A. Abu Al- Basal, seeking full or partial indemnity from the City of South Lake Tahoe for damages awared to Scott and Laura Delvecchio involving the injuries sustained by Scott Delvecchio due to the accident the claimant and Scott Delvecchio were in; AND WHEREAS, said claim is based upon the allegations set forth in these materials identified collectively as "Exhibit A ", a copy of which is attached hereto; AND WHEREAS, it is the recommendation of the City Attorney and the Deputy Risk Manager that the above claim should be dcaied by action of the City Council on the basis that the amount of City liability, if any, is disputed; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED THAT: Upon consideration and review of all currently available information the City Council hereby rejects the claim of Chester Morris, attorney for Maher A. Abu A1- Basal. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on May 4 , 1993 by the following vote: AYES: Councilmembers Klein, Cole, Osti, Davis, DuQuite • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE DECLARING CERTAIN VEHICLES AND OTHER EQUIPMENT AS SURPLUS AND DIRECTING SALE OF THE ITEMS WHEREAS, the below listed items have been reviewed by the Purchasing Department and found to be surplus to the safe and efficient operation of the City, and; WHEREAS, the adopted surplus policy allows for the sale to the public of such surplus items. NOW, THEREFORE, the City Council declares these items to be surplus and directs their sale or disposal in accordance with the adopted surplus sale policy. "JUNK" OR STOLEN ASSETS TO BE DELETED Asset ID# Description 12078 dumb bell rack (hazardous, scrap metal) 16313 air wrench, 1/2" drive (not repairable) 17696 microwave oven, (broken, not repairable) n/a adding machine, Olivetti (antiquated) 9090/9091 generators (junked) 14907 manual typewriter, Facit (broken) 15255 calculator, Canon (broken) 13232 strobe light (broken) 10187 -95 9 recorders, Olympus (broken, not repairable) 11802 -06 5 recorders, Olympus (broken, not repairable) 11810 1 recorder, Olympus (broken, not repairable) 10478 high standard shotgun (destroyed) 14894 desk (junk) 15154 chair (junk) 15157 chair (junk) 16550 arm chair (junk) 14897 arm chair (junk) 14896 arm chair (junk) 10970 arm chair (junk) 15550 desk chair (junk) 16883 desk chair (junk) L J 14893 desk (junk) 16481 -82 levels (2) to be used as straight edge 10036 Kingtron RX cash register (junk) 15057 NCR cash register (broken) n/a National cash register, (junk) n/a adding machine, no mfg. name (junk) n/a 4 radios, ser is W2200, AJ7602, 1897651 ? -JUNK n/a 3 Motorola trickle chargers - JUNK (ATM Surplus) _.. 10102 1 1/2 ton jack (broken) 10103 steam cleaner (broken) 11221 air impact wrench, 3/4" drive 36815 coffee maker, Bunn 10216 -19 Duncan acceptafare fareboxes (gone yrs. ago) 10221 -26 Duncan acceptafare fareboxes (gone yrs. ago) (Parks Department, Stolen Items - 12/92) Total value = $4,954.00 12216 drill bits 12217. 4 drawer tray 15244 chain saw 15253 battery charger 15256 belt sander •15263 router 15264 drill, 1/2" 15583 chain saw 17609 worm drive saw 11914 plastic tube cutter 16757 1 hour charger 16805 air drive ratchet 17575 cordless drill 10038 roll -a -way tool cabinet 10045 cordless drill 12124 1/2" drive set 12125 tool chest 16950 outboard motor 17576 cordless drill • .7 • ASSETS TO BE CIRCULATED AND/OR SOLD AT AUCTION 11607 adding machine, Sharp 11240 transcription machine 11334 triangle connector, Hon 11304 hanging shelving, Steelcase 11218 drafting lamp, brown 17582 telephone, ITT 16951 telephone /message unit 10104, 53,55 battery chargers (3) 10114 wheelchair lift (for bus) 10227 -29 fareboxes, Cleveland Johnson (3) 16198 microfiche machine, Bell & Howell 16768 metal parts bin 16774 fare box tool 16775 assorted ski bus tools 16788 air hose & reel 16959 tire mounting safety cage 10142 desk, metal 10149 calculator, Victor 820 10157 chair 10303 typewriter, electric 10305 cash flasher, Duncan 16825 -26 chairs, wood (2) 16929 bookcase, wood 16932 metal typewriter stand 15989 sewage system, Simplex 16006 water pump 16477 shaker box 16504 oven, Soiltest 16303 valve master 12745, 47 lockers, metal (2) 16491, 92, 94 telephones (3) 16496 -98 telephones (3) 13060 table on wheels 14906 typewriter stand 15071 computer black box 15120 lifeguard chair 11070 microfiche machine, 3M 10335 typewriter, electric 11497 chair 12514 hydraulic jack, 20 ton 12515 electric cord, 100' 14300 brominator 15065 stainless steel counter table 15223 ramp for loading snow blowers 16550 desk chair A101 Purch. A107 Persnl. A108 non -dept AM non -dept. A112 Persnl. A202 non -dept A202 non -dept Bus « N N N H N « N N « « N N « « C101 C101 D108- Engin. D108- Engin. D118- Engin. D118- Engin. P117 -PD P117 -PD P124 -PD P124 -PD P126 -PD R102 -Rec SC03 -PW Adis Fire Fire Rec. Parks Parks Police • 16656 17773 n/a n/a n/a n/a n/a n/a n/a n/a Vehicles 1166 1135 2058 2043 2072 2071 1183 1168 . 1125 5028 L electric bench grinder converta -com, Motorola adding machine, Olivetti (green) Purch. burster, Swingline generator trailer (x -govt. surplus) Airpt. Cushman trackster (x -govt. surplus) 1000 gal. fuel tank 250 gal. fuel tank 200' tower sections (could be used by local HAkf r�rii� i.l „1.) 2 constant voltage transformers 1985 Ford LTD 1981 Subaru station wagon 1981 Ford 1/2 ton p.u. 1980 Volkswagon vanagon 1984 Toyota 1/2 ton p.u. 1984 Toyota 1/2 ton p.u. 1987 Chevrolet Caprice 1985 Pontiac Firebird 1980 Toyota station wagon 1968 Niebaur rotary snow blower • HOMO "MISSING" ASSETS - TOTAL VALUE = $11,186.77 Dept. Description /Comment Cost non -dept. easel, used to be in Council Chambers $ 1.00 is now gone. #10787 non -dept. electronic plate fuser, old, not in $ 1.00 use. Was at D St. archives. J16431 1 . non -dept. multi - letter opener, old, not in use. $ 1.00 Was at D St. archives. 116434 non -dept. paper cutter, Premier. Used to be $ 49.95 in Admin. storage. #11215 non -dept. floor file (A /P), used to be in $ 215.00 storage; lost during remodel. #11565 Airport radio, Airband transceiver, with $ 565.52 speaker and battery pack. #10076 • Airport radio, Terra TPX #10371 $ 488.00 Airport radio, Terra TPX #10377 436.00 Airport radio, Comco 730 -1 #10438 $ 50.00 Airport radio, portable Uniden #11747. $ 954.00 Airport Airban transceiver #11790 $ 691.59 Airport Airban transceiver #11787 $ 691.59 Airport sander with accessories, #10420 $ 25.00 Airport hot high pressure washer #10456 $1883.00 Airport air cylinder #12143 $ 306.34 Airport padded chairs #10353 $ 1.00 Bldg. Maint. 1 1/2" carbide core bit #16615 $ 62.39 Fire file (destroyed) #12291 $ 157.57 Fire tub file, Mini rack (destroyed) #10617 $ 105.94 • Fire VCR, broken, repairs exceeded cost new. Old one left for junk. #11794 Fire 3 chairs, wood (destroyed) #12929 -31 Fire recliner, Lazy Boy, (destroyed) 016916 Fire 2 radio chargers, (disposed of) 110065 and #10067 Fire Police Police Pol ice Police Police Police 0 Police /Detect. Police /Detect. Police Police Police Recreation Recreation Recreation Recreation Recreation Planning Senior Ctr. • $ 316.94 $ 3.00 $ 412.34 $ 2.00 encoder, located at Police Dept.- $ 689.26 removed during remodel. #16060 arm chair (gone) #12539 radio charger unit #10719 scanner (lost) #13146 first aid kit #13230 chair, uph. (disposed 6/92) #12421 vinyl arm chair, #13173 file cabinet, 4 drawer #10854 desk #10855 arm chair (gone) #10893 keyboard for HP2392A #13057 keyboard, HP #15544 table cart (missing) #13445 food service cart (broken) #14075 2 small amplifiers (broken) #14078 -79 recorder /player (broken) #14081 stainless serving cart #14088 1 chair, Steelcase #11035 easel, "never seen it" 113419 $ 111.00 $ 1.00 $ 219.99 $ 59.40 $ 388.00 $ 298.00 $ 264.00 $ 80.00 $ 50.00 $ 1.00 $ 1.00 $ 250.00 $ 105.00 $ 190.00 $ 450.00 $ 120.00 $ 389.00 $ 99.95 • • Is PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on May 4—, 1993 by the following vote. AYES: Councilmembers Klein, Cole, Osti; Davis, DuQuite NOES: Councilmembers ABSENT: Councilmembers i Kei , A S Cit Jerk (CITY SEAL) OTH !�. 9 65 1 • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE AMENDING THE ADOPTED 1992193 FISCAL YEAR BUDGET FOR MID-YEAR ADJUSTMENTS IN THE AMOUNT OF $309,150.00 WHEREAS, the Citv desires to amend the 1992!93 Fiscal Year Adapted Budget for current operations and a specificied year -end balance; and WHEREAS, Staff recommends the adjustment summarized below (see Attachment A for detailed changes); INCREASE ADJUSTMENT: AMOUNT: Expenditures S 309,150.00 DECREASE ADJUSTMENT: AMOUNT Receipts S 309,150.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South Lake Tahoe that the budget admendments to the 1992193 Fiscal Year Budget are hereby approved. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on May 4 , 1993 by the following vote. AYES: Councilmenbers Klein, Cole, Osti, Davis, DuQuite NOES: Councilmenbers 11 ABSENT: Councilmembers e— ATTEST: Keith Klein, Mayor u DATE: April 26, 1993 REQUEST FOR BUDGET ADJUSTMENT REQUESTING DEPARTMENT: Finance INCREASE ADJUSTMENT (CR.EDM: Account Number Title of Account Amount 001 - 401 -1301 -6114 Sales Tax Contractual Service $ 1,625.00 001- 401 -2503 -6915 Vehicle Abatement . _;_ $ „_ _ 3.000.00 001 -401 - 1101 -6114 Contractual Service $ 9.328.00 001-401 - 1101-4101 Salaries & Wages $ 21,650.00 001401- 1501 -6001 Bank Service Charges $ 7,000.00 001 -401 - 1701 -6118 Medical testing $ 3,000.00 001401- 2202 -5550 Equipment Replacement $ 6,047.00 001401- 1602 -6112 Administrative fees $ 29,000.00 001401- 1601 -6574 City Property Damage $ 15,000.00 001401 -1601 -6575 Litigated Claims Expense $ 70,000.00 001- 253- 0000 -9999 Fund Balance $ 143,500.00 DECREASE ADJUSTMENT (DEBIT): Account Number Title of Account Amount 001401- 7000 -6997 Facility Replacement Contingency $ 6047.00 001 -40I -1601 -6573 Subrogated Recoveries $ 3,000.00 001 -401- 7000 -6911 General Contingency $ 46,067.00 001- 301 - 1301 -3629 PERS Revenue earned $ 230,116.00 001- 301 -1301 -3883 Miscellaneous Receipts $ 23,920.00 DETAILED REASONS FOR BUDGET ADJUSTMENT: Implement consensus direction concerning 92/93 mid -year budget adjustments to peovide for current operations and a fund - balance carry- forward for specific purposes by the end of the fiscal year. APPROVED FOR ADOPTION: q- X -q3 Date I(- X 1.3 Date y 1 CITY OF SOUTH LAKE TAHOE is RESOLUTION NO. 1943 -33 COMMITTING TO IMPLEMENT THE 12TH AND 13TH STREETS EROSION CONTROL PROJECT IN CONFORMANCE WITH THE PROGRAM OBJECTIVES OF THE CALIFORNIA TAHOE CONSERVANCY AND COMMITTING TO MAINTAIN THE PROJECT FOR TWENTY YEARS PWC 1993 -02 RESOLVED, by the City Council of the City of South Lake Tahoe, that: WHEREAS, the City of South Lake Tahoe intends on constructing erosion control improvements in the 12th and 13th Streets area; and WHEREAS, the City intends on financing the improvements with an erosion control grant through the California Tahoe Conservancy; and WHEREAS, the California Tahoe Conservancy requires certain assurances as part of the erosion control grant program. NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED; that 1. The City hereby commits to implement the project in accordance with the California Tahoe Conservancy, Soil Erosion Control Grants Program, Program Announcement and Guidelines; 2. The City hereby commits to manage and maintain the project over its assumed twenty -year life. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on May 4 . 1993 , by the following votes: AYES: Councilmembers: Klein, Cole, Osti, Davis, DuQuite NOES: Counci members: ABSENT: Councilmembers: ATTEST: .Z44- CITY CITY gP pwc 1993 -02 !9 65 ,P z 0 0 fir U ,. �. � � i P t : f, I l •. �� -� �' .; ' • 5 CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -34 A RESOLUTION OF THE CITY OF SOUTH LAKE TAHOE RESCINDING RESOLUTION 1989 -81 RELATING TO MOTEL INSPECTION FEES RESOLVED, BY THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE THAT: WHEREAS, on August 15, 1989, the South Lake Tahoe City Council adopted Resolution No. 1989 -81 establishing an annual fee structure for fees to be paid by motels in connection with a mandatory inspection program; and WHEREAS, in response to a request by the South Lake Tahoe Lodging Association that the mandatory inspection program be discontinued to allow for implementation of a"market driven approach to ensure safe and sanitary conditions within lodging accommodations the City Council has repealed its ordinances regulating such matters; and WHEREAS, the City Council's action to repeal ordinances mandating inspection of all lodging facilities on an annual basis effectively renders the fee structure contained within the aforementioned resolution unnecessary, NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED THAT: Resolution No. 1989 -81 is hereby rescinded in its entirety. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on May 18 1993, by the following vote: AYES: Councilmembers KLEIN,, COLE, OSTI, DAVIS & DU QUIT£ ATTEST: Councilmembers Councilmembers (City Seal) 0 A RESOLUTION CONFIRMING THE REPORT AND .ASSESSMENT LIST FOR THE ABATMENT OF APN 26- 138 -031. LOT 2, BLOCK 87 AL TAHOE SUBDIVISION, 830 CAPISTRANO WHEREAS, this resolution is to confirm the "Statement of Work Performed and Statement of Costs to be Assessed" darted October 23, 1992, from City Engineer. The work was performed October 19, 1992 on APN 26 -138 -031. WHEREAS, notice of said statement of costs and date of public hearing was mailed certified to the property owner of record November 3, 1992; and WHEREAS, notice of conditions constituting nuisance abatement proceedings and results of public hearings were mailed to the owner of record on August 24, 1992 and October 7, 1992; and WHEREAS, Zoning Administrator determined this entire property to be a public nuisance at a public hearing on September 16, 1992 and at the same time granting an extension to 1017/92 (Note: a nuisance letter was also sent out 8/16192 for the front and side yards) and • WHEREAS, staff made every effort to communicate the status to the property owner by visiting him at his home and pointing out the items to be removed. In addition, staff discussed the nuisance situation at the hearings where the owner was present. NOW, THEREFORE, BE IT RESOLVED that: 1. The Statement of Costs shall constitute a special assessment against this property and a personal obligation against the property owner and a lien on this property until paid. 2. The Statement of Costs shall be entered on the rolls of El Dorado County as a special assessment. PASSED AND ADOPTED by the CITY COUNCIL of the City of South Lake Tahoe on the 18th day of may, 1993 ___,by the following vote: AYES: Councilmembers K LE I N , CO NOES: Councilmembers ABSENT: Councilmembers TH • CittPerk �� v 19 65 4L !F ORN\� , OSTI, DAVIS & DU QUITE 0 • C7 • � b'91132041160H198"Fil 1.4 Do 41: [4) . .. :�.1 iY1► ►1 ' RESOLUTION APPROVING AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT BETWEEN THE CITY OF SOUTH LAKE TAHOE AND PHILIP WILLIAMS AND ASSOCIATES, LTD. FOR WATER QUALITY MONITORING PROGRAM SERVICES FOR SKI RUN WATER QUALITY IMPROVEMENT FACILITIES PROJECT PWC 1988 -13 (S¢SsS73 RESOLVED, by the City Council of the City of South Lake Tahoe that: WHEREAS, it is necessary that an agreement be entered into between the City of South Lake Tahoe and Philip Williams and Associates, Ltd. for water quality monitoring program services for Ski Run Water Quality Improvement Facilities Project. NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that; 1. The City Council of the City of South Lake Tahoe hereby approves the agreement between the City and Philip Williams and Associates, Ltd.; and 2. The Council hereby authorizes execution of said agreement by the Mayor, a copy of which is attached hereto and incorporated herein. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on May 18 X19 93 by the following vote: AYES: Cobinr_ilmPmhPrc KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES: Councilmembers ABSENT: Councilmembers A78 T ITY CLERK TW SE - 6 5 \�QCIFOR��� PWC i9$8-L%25 SKI RUN WATER QUALITY IMPROVEMENT FACILITIES PROJECT WATER QUALITY MONITORING PROGRAM C P4ca Eldaradc • VICINITY MAP • SKI RUN WATER QUALITY IMPROVEMENT FACILITIES PROJECT t i� f �u5 a J Z X I WATER QUALITY MONITORING PROGRAM HIGHWAY 50 -f I BASIN 2 BASIN I t t OS<OOD AvF i Q a � a Q PARACUSE ave I I I -T --LLLL] 110 C FOREST 4 V TE llPI�- •� U O ? o _ '{' 3 4 E RNE >•` �w • +� EDGEVA -K l .4VE •LSO VICINITY MAP PROJECT CITY OF SOUTH LAKE TAHOE RESOLUTION NO, 1 9 9 3- 3 7 RESOLUTION CONFIRMING THE APPROVAL AND AUTHORIZATION FOR MAYOR TO EXECUTE AMENDED AGREEMENT BETWEEN THE CITY OF SOUTH LAKE TAHOE AND STATE OF CALIFORNIA, CALIFORNIA TAHOE CONSERVANCY FOR CONSTRUCTION OF BIJOU/WELDViWOOD EROSION CONTROL PROJECT ($570,000) (CTA -7030) RESOLVED, by the City Council of the City of South Lake Tahoe that: WHEREAS, it is necessary that an amended agreement be entered into between the City of South Lake Tahoe and the State of California, California Tahoe Conservancy, for construction of Bijou/Wildwood Erosion Control Project. NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that; 1. The City Council of the City of South Lake Tahoe hereby confirms the approval of the amended agreement between the City of South Lake Tahoe and the State of California, California Tahoe Conservancy; 2. The City hereby confirms the authorization of the execution of said agreement by the Mayor, a copy of which is attached hereto and incorporated herein. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on June 119 93 by the following votes: AYES: Councilmembers KLEIN, COLE, OSTI, DAVIS - & DU QUITE CITY SEAL � �'p1lTH Cq� • 1. ig 55 �i • • Plan Eldafad 0 PROJECT AREA MAP STATE Of CALF40 M —ft USOLOM AGENCY 1M 1MOM Gawwor CAUFORNIA TAHOE CONSERVANCY 4161 LAKE TAM* 90UlEVAW (9613% Bolt 7739 TM LAKE TAHM CA 916158 (91 6) 342 -3= May 11, 1993 Tim V ^liver, Engineer W City of South Lake Tahoe Department of Public Works 1052 Tata Lane South Lake Tahoe, CA 96150 -6324 Dear Tim: RE: CTA -7030 (Bijou- Wildwood) Enclosed please find one amendment to the above- mentioned grant contract. As you may have discussed with Steve Goldman, the amendment provides for additional advances (up to 90$) of grant funds for construction and for design and administration. The • amendment also include an additional paragraph dealing with State required drug -free workplace certification. Please ensure that the original and all copies of the amendment are signed and returned. If you have any questions, please call me or Steve Goldman at (916) 542 -5580. Sinceregy, Ryan, %J. Davis StafT Counsel Enclosures Ir • A RESOLUTION AMENDING RESOLUTION No 1993 -24 - OF THE CITY OF SOUTH LAKE TAHOE APPROVING THE APPLICATION FOR CONTRACT FUNDS FROM THE CALIFORNIA TIRE RECYCLING MANAGEMENT FUND UNDER THE CALIFORNIA TIRE RECYCLING ACT FOR THE LAKE TAHOE YOUTH CLUB BUILDING PROJECT RESOLUTION NO. 1993.3 8 WHEREAS, the people of the State of California have enacted the California Tire Recycling Act which provides funds to the State of California, its political subdivisions and individuals for performing research and business development of tire - related projects and processes; and WHEREAS, the California Integrated Waste Management Board (Board) has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by agencies and individuals under the program; and WHEREAS, said procedures established by the California Waste Management Board require the applicant to certify by resolution the approval of the application before submission of said application to the state; and WHEREAS, said application contains assurances that the applicant must comply with; and WHEREAS, the applicant will enter into an agreement with the State of California for development of the project. NOW, 'i'HEREFORE BE IT RESOLVED that the South Lake Tahoe City Council hereby: 1. Approves the Sling of an application for the California Tire Recycling Management Fund under the California 'Ire recycling Act of 1990 for state contract assistance for the project specified above; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant will provide an in -kind match of $3,757 and will ensure that in4and mabches by the following agencies and amounts: � Qp�uwat A� Jr1a. GE� Gue.a� o�. b -I-9 S. (1) Tahoe Prevention Network $10,345 ® (2) California Conservation Corps. 116,490 (3) Voluntary Action Center 7,514 (4) Local Busine Community 21,125, and 4. ,Appoints the City Manager/and or the director of the Tahoe Prevention Network as agent of the Project and authorizes the City Managerland or the director of the Tahoe Prevention Network to oonduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, management requests and so on, which may be necessary for the completion of the aforementioned project. AYES: Councilmembers KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES: Councilmembers ABSENT`. Councilmembers ATTEST: Citotlerk 19 - 65 41 J • • • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -39 A RESOLUTION OF THE CITY OF SOUTH LAKE SUMMARILY AND CONDITIONALLY VACATING THAT PORTION OF BERKELEY AVENUE h,Y,ICH LIES WORTH OF LAKEVIEW AVENUE AS A PUBLIC RIGHT -OF -WAY. WHEREAS, Section 8334 et seq. of the California Streets and Highways Code provides that any excess right -of -way not required for street or highway purposes may be summarily vacated by a local agency through adoption of a resolution; and WHEREAS, this resolution seeks abandonment of that portion of the Berkeley Avenue right -of -way which lies North of Lakeview Avenue which has been determined to be unnecessary to residents in the vicinity for traffic' circulation purposes. More specifically, the right -of -way being vacated is described as follows: All that real property situated in the City of South Lake Tahoe, County of El Dorado, described as follows: All that portion of Berkeley Avenue as shown on the .Amended Map of Al Tahoe Subdivision filed on November 21, 1917, in Map Book 'A" at Page 3, more particularly described as follows: BEGINNING at the most southwesterly corner of Lot 1, Block 2; thence, I. South 820 55' West 40 feet to the most southeasterly corner of Lot 9, Block 1; thence, 2_ North 070 05' nest 100 feet to the most northeasterly corner of Lot 9, Block 1; thence, 3. North 070 05' West, 75.00 feet more or less 40 to the most northeasterly corner of Lot 10, Block 1; thence, 4. North 760 24' East 40.31 feet more or less to the most northwesterly corner of Lot 16, Block 2;fthence, 5. South 070 05' East 80.00 feet more or less to the most northwesterly corner of Lot 1, Block 2; thence, 6. South 07° 05' East 100 feet to the PC'I:�7T OF BEGINNING. That portion of roadway containing 7,091 square feet, more or less. (The above data is taken from recorded information and some distances have been calculated.) A map depicting the real property described herein is attached hereto as Exhibit 'A "; and . WHEREAS, all property owners shown on the last equalized assessor's tax roll within 300 feet of the right- of -way described herein have been notified of the intent to abandon said right -of -way while retaining a pedestrian easement as a condition of such abandonment; and WHEREAS, the South Lake Tahoe City Council hereby expresses its intent that the following conditions be met as consideration for its abandonment of the above described right -of -way: The following conditions are hereby imposed upon the current and /or future owners of the land adjacent to the right -of -way identified herein to be abandoned, specifically identified as El Dorado County Assessor's Parcel Numbers 26- 022 -011 and 26- 021 -061: A. A ten (10) foot strip of land located on the centerline of the right -of -way to be abandoned shall be retained as a public pedestrian easement from Lakeview Avenue to the top of the bluff. B. Said property owners shall, at their own expense, remove and dispose of all asphaltic hard coverage within the area of right -of -way to be abandoned while reserving coverage five (5) feet in width within the pedestrian easement retained by the City of South Lake Tahoe pursuant to Item A herein_ Ali coverage rights associated with the right -of -way herein abandoned shall accrue to the City of South Lake Tahoe. C. Said property owners shall bear all costs of any lot consolidation process as may be required by any local governmental entity having jurisdiction. D. Said property owners shall, at their own expense, be obligated to have prepared engineered plans for construction of improvements designed to reinforce the existing bluff which runs the entirety of the width of the right -of -way herein abandoned, . �clincluding t}� r �i rZt}� f t1- p i7 F-.; ud� _g ..._e �_..,... o� ....e re..es..��an ease.:.ent retained pursuant to Item A herein. Said engineered plans shall be submitted to the City Engineer for approval no later than May 1, 1994. E. Said property owners shall further be obligated at their own expense, to construct the improvements for which engineered plans are drawn pursuant to Item D as set forth herein. Said improvements shall be constructed within two years of the City Engineer's approval of engineered plans. Said property owners and the City of South Lake is Tahoe understand and have agreed that the value of the erosion control improvements to be constructed shall be equal to the value of the land to be conveyed to said property owners pursuant to this street abandonment. Further, said value has been established to be TWELVE THOUSAND DOLLARS ($12,000). The cost of design and construction of said erosion control improvements shall be equal to the $12,000 value established and shall be sufficient to accomplish the plans submitted. The costs of said design and construction shall be shared equally between the owners of the two property owners specifically identified herein as beneficiaries of this abandonment process. F. Said property owners shall be obligated to maintain all improvements constructed pursuant to Item E herein in perpetuity. G. Said property owners shall be obligated to erect and maintain signage or other appurtenances which are deemed necessary, within the reasonable discretion of the City Engineer, for purposes of providing notice to the public of the availability of the pedestrian easement retained by virtue of Item A herein_ • • R. No real property improvements, with the exception of fencing, shall be constructed upon the land abandoned herein. Any fencing constructed upon land abandoned shall meet all applicable City standards in effect at the time of construction, and a permit for all such fencing shall be obtained he City's Planning Department. Notwith- standing the City's fencing standards, any such fencing shall be constructed in a manner as not to exceed three (3) feet in height. I. Landscape improvements which are made in the area of land abandoned herein shall be placed and maintained in such a manner as to preserve the view corridor to the lake; and WHEREAS, the vacation of said street right -of -way shall be subject to the following reservation of public utility easements currently existing within the public right -of -way of Berkeley Avenue herein vacated: South Tahoe Public Utility District "Excepting and reserving therefrom pursuant to the provisions of Section 8340 of the Streets and Highways Code and for the benefit of the South Tahoe Public utility District, the permanent easement and the right at any time or from time to time to construct, maintain, operate, replace, remove, and renew sanitary sewers, storm drains, water lines, and appurtenant structures, including access and the right to keep the property free from inflammable materials and wood growth, and otherwise protect the same from all hazards, in, upon, over and across that portion of the Berkeley Avenue street right -of -way in the City of South Lake Tahoe to be abandoned. -; rrrr/ !lrrr rrrr/ rrr!/ rrirr r!!!r rrrrr �rrr! C7 • • NM THEREFORE, IT IS HEREBY DETERMINED AND ORDER,, THAT, upon adoption and subsequent recordation of this resolution, that portion of the Berkeley Avenue right -of -way herein described shall be deemed as having been vacated and will no longer constitute a public street. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on June 1 1993, by the following vote: AYES: Councilmembers KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES: Councilmembers ABSENT: Councilmembers • ATTEST: �1 - ity Clerk (City Seal) SLOTH C A �C �F „ 19 65 SCALE 1 " =50' • • EXHIBIT "A" . BERKELEY AVENUE ABANDONMENT 0 24' East R C. t'wo 76 . e Le55 4031F eel a .�/ 11 Feet More Of LesscD . 1 _ • • Wah 7- 1+ / ` J� J�P �J Vv \ South 47o 05 East R G 80.00 Feet MoTe of Less I N LOT 16 N LOT 1 2 South 7 ° �� East R 100.00 Feet R South 820 56 west R *�1 �c 40.00 Feet R AV�,1�VG LrKEVIGY� `Ar Ul ua LEGEND BERKELEY AVENUE ROADWAY TO BE ABANDON Ul CD C= CALCULATED DATA R= RECORDED DATA EXHIBIT "A" c: n �J CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993- 40 RESOLUTION ACCEPTING RESPONSIBILITY FOR C.A.T.I.A. APPLICATION AND PROJECT WHEREAS, the City of South Lake Tahoe realizes the importance of clean air for the health of its citizens and the preservation of the area's natural beauty, and WHEREAS, the Clean Air Transportation Improvement Act specifically supports all capital expenditures needed for support and efficient operation of public transit, and WHEREAS, the City of South Lake Tahoe has designed a specific project to encourage and facilitate the use of public transit through improvements to maintenance facilities, and WHEREAS, funding through California Proposition 116 Clean Air Transportation Improvement Act Non -Urban County Transit Projects is available in the revised amount of $1,043,984 for South Lake Tahoe, and WHEREAS, $619,420 has been approved for a South Y Transfer Terminal and the remaining $424,562 is proposed for an expanded bus maintenance facility benefiting both the City and other regional public transportation, and WHEREAS, the California Transportation Commission requires applications for Non -Urban County Transit Projects to be submitted by the Regional Transportation Planning Agencies unless an agreement is reached by the RTPA and the local entity, and WHEREAS, the Tahoe Regional Planning Agency as the RTPA agrees to transfer its status, including all rights to specified funds and all responsibilities for implementing the project, to the City of South Lake Tahoe, and WHEREAS. the City of South Lake Tahoe agrees to accept the rights and responsibilities to deliver the project, and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of South Lake Tahoe, that the City affirms its commitment to directly apply for and implement projects under the CATIA Non -Urban County Transit Projects program. PASSED AND ADOPTED by the Citv Council of the City of South Lake Tahoe at a regular meeting on June 15, 1993 by the following vote: AYES: KLEIN, COLE, OSTI, DAVIS & DU QUITE , NOES: ABSENT: 31 _P1,11 s • , r l s� 19 b S YOR • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -41 RESOLUTION CONFIRMING THE APPROVAL AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT BETWEEN THE CITY OF SOUTH LAKE TAHOE AND STATE OF CALIFORNIA, CALIFORNIA TAHOE CONSERVANCY, FOR 12TH AND 13TH STREETS EROSION CONTROL PROJECT PWC 1993-02 CTA NO. 2020 ($438,000) AND NO.2021($55,900) (TOTAL GRANTS $493,900) RESOLVED, by the City Council of the City of South Lake Tahoe, that: WHEREAS, it is necessary that an agreement be entered into between the City of South Lake Tahoe and the State of California, California Tahoe Conservancy, for 12th and 13th Streets Erosion Control Project. NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED; that 1. The City Council of the City of South Lake Tahoe hereby approves the agreement between the City of South Lake Tahoe and the State of California, California Tahoe Conservancy; 2. The City hereby authorizes execution of said agreement by the Mayor, a copy of which is attached hereto and incorporated herein. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on June 15 .19 93 , by the following votes: AYES: Councilniembers: KLEIN, COLE, OSTI, DAVIS 9 DU QUITE • r� • ti Aired Ekkmd VICINITY MAP EXHIBIT 1 �� y '. � 1+ y I1 �. � � � �+ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056 Section 1. The following City offic;iais are hereby authorized to receive and review sales and use tax information from the State board of Equalization: City Manager: Kerry I—Miller Finance Director. James E. Deaton Section 2. The following independent contractor for the City of South Lake Tahoe is hereby also authorized to receive and review sales and use tax data received from the State Board of Equalization: Hinderliter, de Llamas & Associates: Robert Hinderliter, Principal Lloyd de Llamas, Principal Sec ion 3. The City of South Take Tahoe hereby certifies that Hinderliter, de Llamas & Associates: A. Has a current confidentiality contract with the City to receive sales and use tax records; and B. Is required by that contract to disclose information contained in, or derived from those sales and use tax records only to an officer or employee of the City who is authorized by this resolution to examine the information; and C. Is prohibited by that contract from performing consulting service for a retailer during the term of that contract; and D. Is prohibited by that contract from retaining the information contained in, OF derived fiaam thOw sales tax records, after acct contract has expirrd. Sam= 4. Tnfar;uaboa obtainnd by exammatm of Board records shall be used ooip fOf purposes n AMW b the collection of local sales and use taxes by the Bored for wwcme f0rccasWW aNd werificatioa. Secum 5. This resokitim st4wrmks an previous authorizations. • • • • Section 6. The City Clerk shall certify to the adoption of this Resolution and send forward a certified copy to: Attn: Local Tax Administrator State Board of Equalization 2014'"r Street, Suite 220 Sacramento, CA 95814 PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on June 15 , 1993 by the following vote. AYES: Councilnenbers KLEIN, COLE, DAVIS, OSTI & DU QUITE NOES: Councilmenber, ! �n REVISED City of South Lake Tahoe Resolution No. 1993A 3. APPROVAL OF RESOLUTION ABOLISHING CERTAIN CITY POSITIONS WHEREAS, the City Council of the City of South Lake Tahoe has directed the Administrative Staff to incorporate abolishment of positions into budget preparation for Fiscal Year 1993/94, effective October 1, 1993; and WHEREAS, it is appropriate and fair to notify employees af%cted by the abolishment of positions as soon as possible; and WHEREAS, it is believed that, in order to abolish positions in accordance with Council direction, Section 8 -5 of City Personnel Rules requires formal Council approval, NOW THEREFORE IT IS HEREBY DETERMINED AND ORDERED THAT: Council approves abolishment of the following positions: Data Processing Manager Deputy Risk Manager Assist. Director/Parks & Rec. Police Records Technician (1 position) Building Inspector (i position) Assistant Engineer Equipment Mechanic (1 position) Office Serv. Tech/Public Works (1 position) Office Serv. Tech/Wkr. City Clerk Dept. Fire Division Chief (Iposition) Fire Fighter (2 positions) Police Captain (1 position) Offices Services Spec./Redev. Police Detective (1 position) Airport Maint. & Oper. Tech. (1 position) Sec. to City Attorney PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on June 15- ,1993 by the following vote: ATTEST: AYES. Coundhnembers KLEIN, COLE, OSTI, DAVIS & DU QUITE NOES ABSENT: 19 65 3 OR��Q^ .,.. l � I'; I � I� f 1 ,� • • RESOLUTION CONFIRMING THE APPROVAL AND AUTHORIZING MAYOR TO EXECUTE AMENDED AGREEMENT BETWEEN THE CITY OF SOUTH LAKE TAHOE AND STATE OF CALIFORNIA, CALIFORNIA TAHOE CONSERVANCY FOR LAKE CHRISTOPHER/COLD CREEK EROSION CONTROL AND RESTORATION PROJECT, PWC 1990 -03 CTA NOS. 1037 & 9032 RESOLVED, by the City Council of the City of South Lake Tahoe that: WHEREAS, it is necessary that an amended agreement be entered into between the City of South Lake Tahoe and the State of California, California Tahoe Conservancy, for Lake Christopher /Cold Creek Erosion Control and Restoration Project. NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that; 1. The City Council of the City of South Lake Tahoe hereby approves the agreement between the City of South Lake Tahoe and the State of California, California Tahoe Conservancy, 2. The City hereby authorizes execution of said agreement by the Mayor, a copy of which is attached hereto and incorporated herein. PASSED AND ADOPTED City Council of the City of South Lake Tahoe on July 6 ,19 93 by the following votes: AYES: Counciimembers COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES. Counciimembers ABSENT: Councilmembers WZ46 na. - a W-woA ATTEST: • • PLAC Q DORADO SOUTH LAKE 1� 50 . VICINITY MAP - - -J- . i '. '� J a ""�- -_ =-� ALICE LAKE R D v �,.,., a_. � a ci°�' � � ,t 1 TALB4T ST �,ov ,, J � > � � O .. ;� P�� � `"7 Li � 7 � J' 1Q` `� � +a lLE"N RAE PL � d� F d ;�� Q �S� �Q,P '�• , O �CK SAn GT � ��� %, � �d �''� �,��a `1 ,SIERRA NOV 6E v ,,� a V u� ��' � v��� t UZ�ER taP��' �av� .�aPi �' r by Z' `�` � ` �' d�d'h. 0 ~ _ � - � ��dd0 M E ACOW 4Vp�N�C � � ---�._ �to'r �� � xeµ�` Y � g I o .r� N �� L1J z � a � S Q x � a� �' U M , � � o � � W� d�a T- �.r' `� r ' Q w a �ti� �� � � � x �� �•�•. S Q nr x O ,� �� �� M EA00`N C S �y f"" .� BLACK O� ,, :a� � � L�1 ;�' � �' 1 p .. � � � `�'' � �" y�c �d d � ���e� � �� � , � ,. �� • --, '. �' � I .I I �, �' I i { I f'• � f' � � E � i I I 1 III � --, STANDARD AGREEMENT -- n s� catmtcranatt� --- STD ztREVA" CTA -1037 1 '"KIM FWW Fll M tuft WAZM INNM -n G REEMENT. =A& and catarod ittto this 1st day of June _.1913. :n ate of Gali6ott►ia, by and baieea State of Califoana, titt+ew,�h its ddy ekctad or appointed, gMati%od and aaing TiTLEOEOFfXMACrMFMir X A(,ENf1x Executive Officer California Tahoe Conservancy '--- -- . harceter COBW the Sure, ad i t > of South Lake Tahoe , hamaha caucd the Cunit -A .tar NV 1 TN ESSME Tint the Contraciar far and iR ea+sideratiat of the eo+►enants, oondi609M. aVVICOCUIS. and stipula VJM of tilt SUAc haCMafter expressed. does hereby 08sot to fwAish to the Suet =-4v w = and mabrriais as foiloms: (Set10FA servioc to bt renAered by Cawractor. &voum to be paid Cauractor ime for perf wmanw or completion. and attat6 p&m and * acificatims. +f a,nyj The Agreement numbered CTA -1037 between the California Tahoe Conservancy (hereafter the "Conservancy ") and the City of South Lake Tahoe (hereafter "Grantee ") is hereby amended as follows: 1. Paragraph 4 - Project Plans and Specifications, is amended to include the following: The Grantee will be required to notify the Conservancy's project manager or his or her designee prior to authorization of any change to the approved plans and specifications or to the construction contract bid amount. The Grantee is required to obtain written approval from the Conservancy's Executive Officer or his or her designee if: a) the change would alter the original function or intent of the approved plans and specifications, or coAnnNUED ON SHEETS, EACH BEARING NAME OF COWRACTOR AND CONTRACT NUMBER. The T pprovisiors en *ce . -cwxsc side' csnaf 03056ttus a Part of this agreement. i�.� y LN « 1 1 ! ESS WEER c. duf apt hU � � by dw � Sao• tqm � d0c first �fio wZLum STATE OF CALIFORNIA a..ENCr California Tahoe Conservancy BY (AUTHOgQEp34Qlu►7tR% PANTED NAKOPPOWN03MOG Dennis T. Machida TirLE - Executive Officer AMOUNT ENCUMINEOMM 3M Pi ;At�iplr Aap Il�tt; DOCUMENT —O— tt� PRIOR AMOLWa fW TH:S CONTAAGT TO TAL Ak#OUKT BNCiIp� DA TE d@A=QFV9WW3ftW#X6E aAr =40 S - l � °o'er!' ipaq mil' or" Parsawlr'°'°"fea�It �Iat brr�eMQh+alft are avadab$ bJhsptriaOaFQp�t�ootdahee ,ssiiOYde. S64ATJ4E OF -AC40LWTM — — E) S&MAWWV SWJ.0F".SWt. CONTRACTOR COaTRAC7W �Or.Mr a� ' alts ..AStlYrr a angrsllwle PM�Mhv, e1y City of South Lake Tahoe PRNTEii NAFtE AND iltlf flF l��G Kevin Cole, Mayor 1�05T Tats Lane, South Lake Tahoe, CA 951 pjw;ME aw"M I =&am i FISCAL ruw FAA so. ff a,rt.ap D&W Dep"Umat of Genera! Serval- M Use 0V* • -2- CTA- 1037 -1. Cold Creek (si) b) any bid item is increased or decreased by more than 25 %, or c) a change exceeds $5,000 or 3% of the construction contract bid amount, whichever is smaller. The Grantee will be required to obtain oral approval from the Conservancy's Executive Officer or his or her designee for any other change. 2. , Paragraph 12 - Costs and Disbursements, is amended to read as follows: Subject to paragraph entitled "Conditions Precedent to Construction and /or Disbursement" above and any other requirements imposed by law upon the Conservancy, the Conservancy agrees to disburse to the Grantee, in accordance . with the Project Budget approved by the Conservancy (or in accordance with Exhibit A, if an invoice is processed prior to the receipt and approval of the Project Budget), a total amount not to exceed three hundred nine thousand four hundred dollars ($309,400). To meet appropriation time limits and monitoring requirements, the final invoice for construction must be submitted on or before May 1, 1994 and the final invoice for monitoring must be submitted on or before May 1, 1996. With the exception of advances of grant funds as provided for below, disbursements of grant funds shad be made incrementally, as separate components of the Project(s) are saisfactorily completed, and shall be on the basis of costs incurred, less ten percent (10 %) to be withheld from all invoiced amounts other than amounts actually paid to Grantee's construction contractors where the contractors are subject to ten percent (10 %) withholding by the Grantee. Upon substantial completion of individual Project, the amounts withheld from disbursements for that particular_ project may be reduced by the Conservancy to not less than five percent (5 %) of the unadvanced grant amount. The remaining amounts withheld shall be disbursed upon (1) Grantee's satisfactory completion of the Project(s) and submittal of a Final Report and a fully executed final Requst for Disbursement substantially in the form of Exhibit D; (2) final inspection of the Project site(s) and approval for the completed Project(s) by the Conservancy's designated representative Is); and (3) the development of Operation and Maintenance Guidelines mutually acceptable to Grantee and the Conservancy. r -2- CTA- 1037 -1. Cold Creek (si) b) any bid item is increased or decreased by more than 25 %, or c) a change exceeds $5,000 or 3% of the construction contract bid amount, whichever is smaller. The Grantee will be required to obtain oral approval from the Conservancy's Executive Officer or his or her designee for any other change. 2. , Paragraph 12 - Costs and Disbursements, is amended to read as follows: Subject to paragraph entitled "Conditions Precedent to Construction and /or Disbursement" above and any other requirements imposed by law upon the Conservancy, the Conservancy agrees to disburse to the Grantee, in accordance . with the Project Budget approved by the Conservancy (or in accordance with Exhibit A, if an invoice is processed prior to the receipt and approval of the Project Budget), a total amount not to exceed three hundred nine thousand four hundred dollars ($309,400). To meet appropriation time limits and monitoring requirements, the final invoice for construction must be submitted on or before May 1, 1994 and the final invoice for monitoring must be submitted on or before May 1, 1996. With the exception of advances of grant funds as provided for below, disbursements of grant funds shad be made incrementally, as separate components of the Project(s) are saisfactorily completed, and shall be on the basis of costs incurred, less ten percent (10 %) to be withheld from all invoiced amounts other than amounts actually paid to Grantee's construction contractors where the contractors are subject to ten percent (10 %) withholding by the Grantee. Upon substantial completion of individual Project, the amounts withheld from disbursements for that particular_ project may be reduced by the Conservancy to not less than five percent (5 %) of the unadvanced grant amount. The remaining amounts withheld shall be disbursed upon (1) Grantee's satisfactory completion of the Project(s) and submittal of a Final Report and a fully executed final Requst for Disbursement substantially in the form of Exhibit D; (2) final inspection of the Project site(s) and approval for the completed Project(s) by the Conservancy's designated representative Is); and (3) the development of Operation and Maintenance Guidelines mutually acceptable to Grantee and the Conservancy. -3- CTA- 1037 -1 Cold Creek (si) Upon award of a grant, Grantee may request an advance of up to 90% of the amount set forth in the Project Budget for design and administration. To request an advance, the Grantee shall submit: (1) a letter stating the amount of the advance requested signed by a person authorized by the Grantee to request an advance, and (2)-a copy of the approved budget for the project. After a design and administration advance: (a) The Grantee shall submit reports at least quarterly showing expenditures from the advanced funds. This documentation shall be the same as that required for submittal of invoices, except that a Request for Disbursement form will not be included. (b) The Grantee shall submit preliminary and final draft plans and specifications to the Conservancy's project manager or his or her designee for written comments and authorization to proceed to the next stage'of plan and specification preparation. After Grantee awards the contract(s) for the construction of the Project(s), but not more than thirty (30) days prior to the start of construction, Grantee may apply for an advance of fifty percent (50 %) of the amount of the Conservancy's share of the construction contract(s) awarded plus fifty percent (50 %) of other construction costs described in the Conservancy- approved final budget. To request an advance of grant funds, Grantee shall submit the following items: (a) A letter identifying the amount of the advance being requested signed by a person authorized by Grantee to request such an advance; (b) The bid schedule of the contractor(s) awarded the construction contract(s); (c) Approved final plans and specifications; and (d) Grantee's notice of award of construction contract. • -4- CTA- 1032 -1 Cold Creek (si) At least 30 days after the request for a 50% construction advance, the Grantee may request, based upon a demonstrated need, a second construction advance for up to an additional forty (40$) percent of the amount of the Conservancy's share of the construction contract(s) awarded plus fifty (50$) percent of other construction costs described in the Conservancy- approved final budget upon: (a) satisfactory completion of a substantial portion of the work for which the initial advance was made; (b) submittal of documentation (invoices, etc.) showing expenditure of a substantial portion of the initial advances; and (c) documentation that fully explains why an additional advance is necessary (such as a projected deficit in Grantee funds and lack of other funding to cover the deficit). Except for a second construction advance, if Grantee receives an advance of grant funds, additional grant funds for construction shall not be disbursed until all advanced funds have been expended. Grantee's first request for disbursement after the advances shall document all expenditures of previously advanced grant funds. In the event any portion of the advanced funds are not needed to construct the improvements for which the funds have been advanced, these funds shall be returned by Grantee to the Conservancy on or before the date for completion of construction. The Grantee shall request disbursement not more often than monthly, by filing with the Conservancy fully executed "Request for Disbursement" forms which contain: the invoice number (up to 14 characters) which contains the last four digits of the Conservancy's agreement number, a two - letter abbreviation of the project name, and the sequential number of the invoice (starting with 1) (e.g., 9O73GB1, for invoice #1 of contract no. CTA -9073 for the Golden Bear project). The Grantee may also include its own project number in the invoice number (e.g., 9O73GB1- 95133); - grantee's name and address; - the number of this Agreement; - the amount of the invoice; contact person and phone number; an itemized description of all work done for which disbursement is requested; and the signature of an officiaEl authorized by the Grantee to sign such invoices certifying that the invoiced work has been completed. Additionally, each form shall be accompanied by: any supporting invoices or other source documents from contractors hired by the Grantee to complete any portion of the Project(s) funded under this Agreement; and - documentation of the completion of the portion of the Project for which disbursement of grant funds is requested (such as design drawings, specifications, hydrologic calculations, site survey or inspection notes, etc.) If Grantee receives an advance of grant funds, additional grant funds for construction shall be disbursed until all advanced funds have been expended. Grantee's first request for disbursement after an advance shall document all expenditures of previously advanced grant funds. Failure to submit a completed Request for Disbursement form, with all necessary supporting documents, shall relieve the Conservancy of any obligation to disburse funds to the Grantee until such time as the deficiencies are corrected. Conservancy will make best efforts to forward each completed and approved Request for Disbursement form to the State Department of General Services or to the Office of the State Controller, as the case may be, within ten (10) working days of receipt by the Conservancy. 3., The Agreement is amended to include the following additional paragraph: Drug -Free Workplace Grantee agrees to maintain a drug -free workplace in accordance with Government Code Section 8380 et seq. by doing all of the following: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited -b- CTA- 1037 -1 Cold,Creek (si) in the person's or organization's workplace and specifying the actions that will be taken against employees for violations of this prohibition; (b) Establishing a drug -free awareness program to inform employees about (1) the dangers of drug abuse in the workplace; (2) the person's or organization's policy of g y Lee workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon employees for drug abuse violations; (c)° Submitting a drug -free workplace certification form STD -21, Exhibit F; and (d) Requiring that each employee engaged in the performance of the contract he given a copy of the certification. 4. All other terms and conditions of the original Agreement numbered CTA -1037 shall remain unchanged and in full force and effect. STATV0FCftXMM DRUG-FREE WORKPLACE CERTIFICATION 11 The contractor or grant W.0picnt named above hereby cenifies compliance with Goveminat Cote Section 5355 in mauers relating to providing a drug4me workplace. Tlx above named contractor or grant recipient will: 1. Publish a statement notifying employees that unlawful manufacture, ' distribution,, .dispensation, posSdssion, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 2. Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the Mowing- (a) The dangers of drug abuse in the workplace, (b) The person's or organization's policy" of maintaining a drug -free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and S(d) Penalties that may be unposed upon employees for drug abuse violations. 3. Provide as required by Government Code Section 8355(c), that every employee who works on tile proposed contract or grant: i (a) Will receive a copy of the company's drug -free policy statement, and (b) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant CERTIFICATION 1, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above described certification. I am fully aware that this certification, executed on. the date and in the county below, is made under penalty of perjury under the laws of the State of California_ z� F E of flAl t.O.1R7r1� T Or Cx APPAOvE By THE STANDARD AGREEMENT --- p ATTORNxCIENIVu. txntttAGrrari p ,,,,,,� s : csau CTA -903 2 1 UXV tAV M FUMK OVUM 40SWAM rMa6fi THIS iS AG REEM NT. tsade and exltetod ire dis 1st &p of June 19 93, � &0o=C"=�a.bymd�,�Of Ca� ,�d* ,at .V-sed and actmt Tm,EOfoatont#X=GFMSF#A AGENCY Executive Officer California Tahoe Conservancy A TRACTOR$ NMI . hereafter caikd the State, aad City of South Lake Tahoe ,hereafter caw the Contracax W:TN ESSETH: That the Conuacux far acid im eonsidaratiaa of the ooveatiairts, conditions, agrccmcv&, and s4uhtiau of the State hasiUfia expressed, does hereby agmc to furnish to the State services and muaiah as foOe+Vs (Set forth service to be rendered by Contractor, amourm to be paid Conrracto` rime ft r perforaw -cue Or completion. and ogade plans and speecftationi if any j The Agreement numbered CTA -9032 between the California Tahoe Conservancy (hereafter the "Conservancy ") and the City of South Lake Tahoe (hereafter "Grantee") is hereby amended as follows: 1. Paragraph 4 - Project Plans and Specifications, is amended to include . the following: The Grantee will be required to notify the Conservancy's project manager or his or her designee prior to authorization of any change to the approved plans and specifications or to the construction contract bid amount. The Grantee is required to obtain written approval from the Conservancy's Executive Officer, or his or her designee if: a) the change would alter the original function or intent of the approved plans and specifications, or 0 IONT1NUED ON 5 SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER_ The provisions on the rtvarse side hereof taitst'ntnc a panof this aVccmenL tti-TTIINESS WNERF#. this agreement has boa execosod by rite pares hoer*, upon the date feast above wnuc& STATE OF CALIFORNIA CONTRACTOR .'' -vcr s�>z3rL1aR pr.w.e« «.�a.e�.lsrr. Awn«. owoo4lirz orr«mo..�ep California Tahoe Conservancy City of South Lake Tahoe r ; •!jT'HOCUZED SIGir+►U00 - sy tAli7i i S Tuit3 - rN p c:) NAUE OF PE,P4SON sle+"G KIN HNE Ale Tam (W PN9M SIGN M _ Dennis T. Machida Kevin Cole Mayor AaGRM .. - Executive Officer P.O. Box 210, South Lake Tahoe, CA 96156 ,A OUuT ENCLUBBISDOY Iii1i RaO T:Af xuucxT Department of General Servim use only wa "OLWT Fptt 'S �ON TRACT � A6t1 4 AuOUNT TO Comm a SAaiE tCJLlat au=CF EW*N0WitEf=E ate Time _ 5 � n +nl' Ao�owisrf�e�larr�esdluaali Ts,n.ila aA. wa are fora +eAa�and¢xp�oirtdirestaledadova - r %ATUAE OF AOC JAVJMCW;F4C t a/uE COIUTRAGM p STAVE AIROMW ❑ S6M, FAMLJW p �Iwtos,�s '7,: -Z CTA- 9032 -1 Lake Christopher (si) b) any bid item is increased or decreased by more than 25 %,.or c) a change exceeds $5,000 or 3% of the construction contract bid amount, whichever is smaller. The Grantee will be required to obtain oral approval from the Conservancy's Executive Officer or his or her designee for any other change. 2. Paragraph 12 - Costs and Disbursements, is amended to read as follows: Subject to paragraph entitled "Conditions Precedent to Construction and/or Disbursement" above and any other requirements imposed by law upon the Conservancy, the Conservancy agrees to disburse to the Grantee, in accordance with the Project Budget approved by the Conservancy (or in accordance with Exhibit A, if an invoice is processed prior to the receipt and approval of the Project Budget), a total amount not to exceed eight hundred sixty -three thousand five hundred dollars ($863,500). To meet appropriation time limits and monitoring requirements, the final invoice for construction must be submitted on or before May 1, 1994 and the final invoice for monitoring must be submitted on or before May 1, 1995. With the exception of advances of grant funds as provided for below, disbursements of grant funds shall be made incrementally, as separate components of the Project(s) are saisfactoriiy completed," and shall be on the basis of costs incurred, less ten percent (10 %) to be withheld from all invoiced amounts other than amounts actually paid to Grantee's construction contractors where the contractors are subject to ten percent (10 %) withholding by the Grantee. Upon substantial completion of individual Project, the amounts withheld from disbursements for that particular project may be reduced by the Conservancy to not less than five percent 15 %) of the unadvanced grant amount. The remaining amounts withheld shall be disbursed upon (1) Grantee's satisfactory completion of the Project(s) and submittal of a Final Report and a fully executed final Requst for Disbursement substantially in the form of Exhibit D; (2) final inspection of the Project site(s) and approval for the completed Project(s) by the Conservancy's designated representative(s); and (3) the development of Operation and Maintenance Guidelines mutually acceptable to Grantee and the Conservancy. r -3- CTA- 9032 -1 Lake Christopher (si) Upon'award of a grant, Grantee may request an advance of up to 90% of the amount set forth in the Project Budget for design and administration. To request an advance, the Grantee shall submit: (1) a letter stating the amount of the advance requested signed by a person authorized by the Grantee to request an advance, and (2) a copy of the approved budget for the Project.4 After a design and administration advance: (a) The Grantee shall submit reports at least quarterly showing expenditures from the advanced funds. This documentation shall be the same as that required for submittal of invoices, except that a Request for Disbursement fora will not be included. (b) The Grantee shall submit preliminary and final draft plans and specifications to the Conservancy's project manager or his or her designee for written comments and authorization to proceed to the next stage of plan and specification preparation. After Grantee awards the contracts) for the construction of the Project(s) , but not more than thirty (30) days prior to the start of construction, Grantee may apply for an advance of fifty percent (50%) of the amount of the Conservancy's share of the construction contract(s) awarded plus fifty percent (50 %) of other construction costs described in the Conservancy- approved final budget. To request an advance of grant funds, Grantee shall submit the following items: (a) A letter identifying the amount of the advance being requested signed by a person authorized by Grantee to request such an advance; (b) The bid schedule of the contractor(s) awarded the construction contract(s); (c) Approved final plans and specifications; and (d) Grantee's notice of award of construction contract. • n • CTA- 1032 -1 Lake Christopher (si) At least 30 days after the request for a 50% construction advance, the Grantee may request, based upon a demonstrated need, a second construction advance for up to an additional forty (40 %) percent of the amount of the Conservancy's share of the construction contract(s) awarded plus fifty (50 %) percent of other construction costs described in the Conservancy - approved final budget upon• (a) satisfactory completion of a substantial portion of the work for which the initial advance was made; (b) submittal of documentation (invoices, etc.) showing expenditure of a substantial portion of the initial advances; and . (c) documentation that fully explains why an additional advance is necessary (such as a projected deficit in Grantee funds and lack of other funding to cover the deficit). Except for a second construction advance, if Grantee receives an advance of grant funds, additional grant funds for construction shall not be disbursed until all advanced funds have been expended. Grantee's first request for disbursement after the advances shall document all expenditures of previously advanced grant funds. In the event any portion of the advanced funds are not needed to construct the improvements for which the funds have been advanced, these funds shall be returned by Grantee to the Conservancy on or before the date for completion of construction. The Grantee shall request disbursement not more often than monthly, by filing with the Conservancy fully executed "Request for Disbursement' forms which contain: - the invoice number (up to 14 characters) which contains the last four digits of the Conservancy's agreement number, a two - letter abbreviation of the project name,• and the sequential number of the invoice (starting with 1) (e.g., 9073GB1, for invoice al of contract no. CTA -9073 for the Golden Bear project). The Grantee may also include its own project number in the invoice number (e.g., 9073GBi- 95133); - grantee's name and address; - the number of this Agreement; - the amount of the invoice; - contact person and phone number; CTA- 9032 -1 Lake Christopher (si) - an itemized description of all work done for which disbursement is requested; and - the signature of an official authorized by the Grantee to sign such invoices certifying that the invoiced work has been completed. Additionally, each form shall be accompanied by: - any supporting invoices or other source documents from contractors hired by the Grantee to complete any portion of the Project(s) funded under this Agreement; and - documentation of the completion of the portion of the Project for which disbursement of grant funds is requested (such as design drawings, specifications, hydrologic calculations, site survey or inspection notes, etc.) , If Grantee receives an advance of grant funds, additional grant funds for construction shall be disbursed until all ® advanced funds have been expended. Grantee's first request for disbursement after an advance shall document all expenditures of previously advanced grant funds. Failure to submit a completed Request for Disbursement form, with all necessary supporting documents, shall relieve the Conservancy of any obligation to disburse funds to the Grantee until such time as the deficiencies are corrected. Conservancy will make best efforts to forward'each completed and approved Request for Disbursement form to the State Department of General Services or to the Office of the State Controller, as the case may be, within ten (10) working days of receipt by the Conservancy. 3. The Agreement is amended to include the following additional. paragraph: Drug -Free Workplace Grantee agrees to maintain a drug -free workplace in accordance with Government Code Section 8380 et seq. by doing all of the following: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited CTA- 9032 -1 Lake Christopher (si) in the person's or organization's workplace and specifying the actions that will be taken against employees for violations of.this prohibition; (b) Establishing a drug -free awareness program to inform employees about (1) the dangers of drug abuse in the workplace; (2) the person's or organization's policy of maintaining a drug -free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon employees for drug abuse violations; (c) Submitting a drug -free workplace certification form STD-21, Exhibit F; and (d) Requiring that each employee engaged in the performance of the contract be given a copy of the certification. 4. All other terms and conditions of the original Agreement numbered CTA -9032 shall remain unchanged and in full force and effect. S T A TE Of CALAr4MO M DRUG -FREE WORKPLACE CERTIFICATION ;TO 2t(HEWl • The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. life above named contractor or grant recipient will: 1. Publish a I statement notifying employees that unlawful manufacture, di.-tribution, dispensation, possession, or use of a conuoUed substance is prohibited and specifying actions to be taken against employees for violations, as required by Governnr At Code Section 8355(x}. ' 2. Establish a Drug -Free Awareness Program. as required by Government Code Section 8355(b), to inform employees about all of the following: (a) The dangers of drug abuse in the workplace, (b) The persons or organization's policy of maintaining a drug -free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and I* (d) Penalties that may be imposed upon employees for drug abuse violations 3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or grant: ` (a) Will receive a copy of the company's drug -free policy statement, and (b) Will agree to abide by the terms of tic company's statement as a condition of employment on the contract or grant. CERTIFICATION 1, the official named below, hereby swear that I am duly authorized legally to bind the contractor oz- grant recipient to the above described certification. I am fully aware that this certification, executed on the date and in tic county below, is made order penalty of perjury under the laws of the State of California. O:f:C.M-S UUK TE t OF pat IM, AUMD ! • • CITY OF SOUTH LAKE TAHOE F&SOL MNIO. 1993 -45 ACCEPTING WORK UNDER CONTRACT FOR RECREATION CENTER POOL BALCONY DECK SURFACE REMOVAL PROJECT PWC 19934*6 BID NO. L993-01 AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION RE SOLVED, by the City Council of the City of South Lake Tahoe, that: WHEREAS, the City Engineer has fired with the City Clerk 1611-se En6::.eer's Certificate as to the completion of all work provided to be done under and pursuant to the Contract between the City and P.W. STEPHENS CONTRACTORS, INC. as Contractor, dated May 4, 1993 and; WHEREAS, it appears to the satisfaction of the Council that their work under said Contract has been fully completed and done as provided in said Contract and the plans and specifications therein referred to; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED: 1. That said work be, and it is hereby, accepted by the City of South Lake Tahoe and deemed completed according to the terms and conditions of said Contract. 2. That the City Engineer be, and hereby is, directed to execute Notice of Completion of said works as required by law. 3. That the City Clerk be, and hereby is, directed to file for record with the County Recorder of the County of El Dorado, Notice of Completion of said works as required by law. PASSED AND ADOPTED by the City Cosmcd of the City of South Lake Tahoe on July 5 L%3,bytheM wigwtes AYES: Councilmembers: 'COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES: ABSENT: Councilmembem Councilmembers: • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993--46 A RESOLUTION DENYING THE CLAIM OF ALAN LAMBERT ON BEHALF OF VAIDRIE LAMBERT RESOLVED, by the City Council of the City of South Lake Tahoe that; WHEREAS, this claim against the City of South Lake Tahoe was �. filed June 25, 1993, in the amount of $70500.00 by Alan Lambert on behalf of Valorie Lambert, alleging property and personal damages due to an accident Valorie Lambert was in with a Police vehicle; AND WHEREAS, said claim is based upon the allegations set forth in these materials identified collectively as "Exhibit A", a copy of which is attached hereto; AND WHEREAS, it is the recommendation of the City Attorney and the Deputy Risk Manager that the above claim should be denied by action of the City Council on the basis that the amount of City liability, if any, is disputed; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED THAT: Upon consideration and review of all currently available information, the City Council rejects the claim of Alan Lambert, on behalf of Valorie Lambert. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on July 6 , 1993 by the following vote: AYES: Councilmembers COLE, OST±, KLEIN, DAVIS & DU OKTE NOES: Councilmembers ABSENT: Councilmembers YOR ATT T: City Cler (City Se U �� • 19 65 s �� E. L00 CM or 33M LAKE UADe 1062 Tats Lane Sol t!: Labe Tahoe, a 96M 1. Read entire fora before coaWleting. Please P4ST4 CUR.% b OEP"TMEINT 2. rttach separate sareets, it necessary. to give f }; a' UM LAKE TAHOE 3. Claims generally must be filed no later than 6 months ter the eawrence. (Ewffim L' JANUMV 1. 19%) ME Age bbtices to be sent to; ( if other than above) Dat4l OUIMIdent ix;e Q lnc snit Mwe of Inculmt Was them a Police Report? e-S Was there bodily injury? �� .... . 1w= was injured taken? B�"'J zl4LICtU dl:eov e' Ma-, ang street Address Cat? ate Woe prone bus. Nuone tic- did d&-age or injury ter? /:I UD 6 act or orzission do you cliaiz c���-+,{�the _injury or[,d�Iwajge? (Give names of city e''.pioyee(s) if kna -,), �.•-,/ sr F' /',awe 710, U.rx) R[1 1 /l�al�b- A ,a%� w.I ui_l <1.11C�e fZW A .JA,. L & -%cunt of Claim �� Sw was amount of claim cmwuted? (attach 2 rep6x esrtiaates, doctor bills, wage rate, /lCG7z-- S AI Lt t 7i-T�'✓P�'3�^ �% - ., �t : � t• / 1 i!'' /.�� /l. {'� `s C7- /� ?'C.�F :�` /4 -`S'S �'� I`"��' aC�- a-- �f:. ✓ " 1�;..� , ` j t.� a diaaam shwinq direction and positions of automobiles or pnoperty involved, desigrating clearly points of aontaCt (if apflicaalel. AM QoPS=M N= Be Arcs. aKMiPG neuatastom mr mxE >vm aunt lzw y n-Igrp CD:Na_ I have mead the foregoing claim and }o<+ou the contents thereof and certify that the same is ttbe of ay awn kn ledge except as to those m►3tirss rtuich arse here stated upon ar iuformati,on and belief and as to tbase matters I believe it to be true. I declare fader penaity of perjury that the foregoing is true and correct. S s�q or Fle son Aczi..g oa 4_7 /7I. /bv Z�'Xi-- Da Le VJ k- A t.•.JV�.w .N �. rr +r e.r �. •....� •. •. .. -,. .,.�- ....•y/W w.•... ,«.. - aox 1350b P.O. - e+�ac n cxwrta+�us ��� La�•t.NaaE. OEM SACRAMENTO. CA. 9585 ATTN.- PA C'EL�, aM.ao r>.oaoh N F E INSURED (SUBSCRIBER) INFORMATION w / -t Is w••. •••Mb ....aatt, %W -*A o& 1 f'^A4t '% a" OE ttrLLM 1 OMW%0A 64^0+4 fl •W wa...tWr +`' LAMBERT VALERIE ••O1 03 93 LAl4RERT, VALER;I �,• _; % t 7• • . •..- W..-.. t- to" s CS& "" s as 4, 000000020'% sMta a a- MIKMt aac3k." w jz C ^* 60M htrl..•y $..- j ! . BOX 24200 ,..Ati X n CLAIM I CAA0707630 !. ►arOrrl'j allAtlO.4rr t0 wwtt0 C••aa • l tnetcEtti016eQeM AQ A• Crr M.•.l -i SO. LAKE TAHOE, CS.. 96151 573 X -' ifi -0206 t/u, ...tveAKl COw• •G .t• •.. r..-. at r+t.r►w -• M -M GDm&AQw a Awlta t0 e< trlitlO S Mtllli! {}�..: agr. w•.• is e.1.1 y. W.... .••./ Ala•... w-d htyt M /.►.A.c of Aa....r.....-MW • A. ,wEELrN'S LNROrrrLrrl •� X1 ,,o -�-- -� SAME AS = 4 a ACCM60 Awo - •.t.S Qt aVL..C:LalO �: tiOn.S SaG*tAMtttt fte.M aa+ Oefr...y�+� v a'•te.. +.. Cam.. rar./ i.MM �e"'.t. Ld ra aAtplattrtt 81A.AV..,0 Macy ! . gas •Ow4wkw'r4b M wr Stlaa<t +Ga 3ti�K1^ • ...1? ± +�t0 t!a`e��« ' ..c... . a,l•.e. d rry avk� a.ir..a►.. Na.•.a•► :..: t 7 .... L•, l..sar Meer! r � ti t-r ' vw asu Ws A latr� - :� r Ty�i/i`/- ,'• G�"_JGt-/Tl„� L�.aC�~ ON%...I 0, •�..ws Ar.sy , S ICI A N O R SUPPLIER INFORMATION ' t C.+ atwtts .eft StaA,epr. CW a rl OAR I" Cpr.yl an rQyttl+ iertityE."� ra, as y 1a1a..l t••l t •. +! Saar! Or UvwA* S.A••t0•Aa au. r an. (re{,a(:La{t C•ec'. •C•, .. �ACCrO/wtLUt -9 Q . ii_ a.au CO LW v- /.Ap:c �'N,o N/A .ep.. I nuouerr apr N/A u.�_•uG•• .� p a! t t c e a•G ,« rSlCuw CN O Mrt� SOurU L• -a. a .E•4r kat"` .ye.rd a0 KX SI e••Cts et l A et# t0 .�1kLAW 4: GM G••t aQilatacLlAl�u. OARS N/A AD�.ra~ N/A las:•••Y•� •.� L ..�:_! u O/ EACawy VAWM uftwc 3 tla WAM OF aatme! 71. L.rASiaaOtatO:t eaOit rLtrCtrl� rpya t7/aCtt c= .,,L:I a UkM Ot MAP"_ MAX OLACAWA W ♦:OCIt1u =E r MUMS O t+ tauzom t w••n.Z E• a. 3.m Oa Ot cm ?23.2- Cervico- cranial syndrome, 729.1 - Cervical myalgia, 729.2- 0•;.dicular neuralgia /headache, 847.0- Cervcial sprain, 722.11- Thoracic intt-rvertebral d_+_sc disorder, 734.1- Thoracic pain, 847.2- Thoraco- lumbar sprain, turn a.Aa r.IQ s: h,nr uLsc�.ct , ,alb+•W0 •C`r E••C•• GAEL CM*a - t E `. OATS — p. r. c 10 OLAI CM ' pRAw.ts+LAlaLte ft+•QSa CMK&041A,M a.a•csa r.a. 08 t-o- •^CQ k3ar[- erOe.+Err. !•rfLL. S Ve+tl. 01-05-93 0 _90070 _ _ Extended_ O_._V - , -Re-exam,-Treat _enL_ _ 85.1 00 - - 0! —07 -93 0 L_im_it_ed_ C_.V_:_,_ R_e_- _ex_am,_" Tre_a_tm _nt_' 40.00 1 - - - - - _ _ _ -- - _9_0_0_50 _ _ - _ 01- 09 -93 0 9_0_050 -� - - - - - -- - - -_ 4�.ii ;! _- - - - - -t 01- 12 -93 -- - - - -90050 -- - - - - -- - 4�®-- 01- 28 -93 -- -p- - - - -- - ------------- - - - - -- - -• - - - - - - -- -- '- - - - - - - - - - - - - - --- - - - - -..- - - - - - - - - - - --------------- -- - - - - - - -- -� - - -- � - � - -- - -. - - rs c"M Ex us"- -42 >r. rKCElE A►StCJraria4 p i.'�:ii tt•Alid a .3 .wt.�: a.>d `t. XA �,t.rtLar...a.w C.It,•aasratfet saq t ��t� 245-1001 .. o-o �. /•iO. tea.,.... +1., CIO 559 -88 -2312 ;^ AIXN 9,,�pfrl - +. • .:.•c.C.i•.t >�. !i KiEa 1•�t7EaSrIs. ems. 54 I� �� 915) 544 -49 6 . KFUN EW D. RUPAACK D.C. P.O. BOX 2000.14 SO. LAKE TAHOE, CA %151 . INITIAL REPORT Date: l - 14-93 To: CSE Insurance Karen Parcell Re: Valerie Lambert Date of Injury: 1-3-93 Claim number: CAA0707630 1. Incident of Injury While driving in icy caaditions on P! Tahoe Bb, Lake Tahoe CA, an approaching vehicle lost control and and slid into the snowban1k. Lambert slowed her vehicle, then suddenly a police car passed the spun out car and ran head into Mrs. Lambert. 2. Patients Complaints Neck pain. Pain in area of the Cervico- thoracic spine, Rt shoulder, Rt arm, and Lt elbow. Back pain. Bruised gums. Sore IA wrist_ Hurts all over and bruises all over. Headaches. J. Objective Findings Multiple bruises, particularly noted in dorsal spine, pelvis and Lt elbow(which is accompanied by marked swelling) and Lt wrist. Pelvic unleveling. Palpatory tenderness and aberm t motion of IA sacre -iliac joint. Paraspinal myalgia and myospasm, accompanied by aberrant vertebral motion occVA thru C6. Myalgia of Lt paraspinal musculature levels T12 thru LL Cervical range of notion normal. Foraminal Compression Test positive in neutral, Rt bend and extension for cervico- thoracic pain, and positive in Lt bend for Rt cervico- thoracic pain. Shoulder Depression Test was positive on Lt for Rt cervico- deracic soreness. Weakness of mmscles of Lt piach mechanism. Other muscle evaluations were difficalt due to brusing of Lt elbow and wrist- 4. X -Ray Findings Radiographs taken at Barton Hospital were reported nebQative for fracture (pending review)_ 5. Diagnosis 723.2 Cervico-cranial syndrome 729.1 Cervical myalgia 729.2 Radicular neuralgia/Headache syndrome 847.0 Cervical sprang . 722.11 Thoracic intetvetcral- disc diwd" 724.1 Thoracic pain 847.2 Tboraaoaumbar spcaim 722.2 Lum" iatecvatebcai 6isc disordw 724.2 l.aeibal�ia 845.1 Sscr"iac spans 842.0 Sprain of Lt wrist and 9419 Spain of Lt elbow r� U 6. Prognoses Expected great impr+pvemw in the next 6-8 weeks. Isee cou meats below) 7. Disability Data N/A S. Further Comnumts Mrs. Lambert is suffering multiple symptomology as a result of her head -on collision auto accident of 1 -3 -93. She will be treated with conservative Chiropractic care to include manipulation, myofasciA therapy, and exercise. Great improvem, however, future evaluation may be necessary. ,._ umack D. C. • TO NiY r. EiVT - . o P-0. 3t A 1)110519.? Page 1 6 � L eggF -ch1D _ NL�T g5�53- S5►d'� PL- R � XJ¢�m ??TIENT P.0ce �-�- HEALTH INSURANCE CLAIM FORM rlcA +� v Y TAM/MVs cmupv& GROUP st6t► Iitlt ommt0.mumom #OR PROGRAM0449EMtl 1 ►�Ej MEOIGAO as •, � «a It r n fMwdin/ � iilltaafOli Ssw 1+'R - 550 02 9454 P4i4[NT- $/lMAf �uNiIIUa. NaAfea. Halat�e h � nM DD w lVMW*D% HAW OLM KWW f10 Ilalaa. Ii001a f AMM VAL it I E E � i° �' S .5z. a F LAM�Ef'T , F`A T tEP: T S AODWSS(NO.. spa" iM1�Nf 118A:gIr;IIaP TOHiLSf1�A J.N�JF�SAOOI�SSImo -mow son -- BOX 14 --Y*) y� _ _ � y�N s STMVS O►TTr L SIATQ z I, Y '_ 0U '. H UWE Ti if- M 1-" S"�'Q wioeeo oo" Q SWD Z CA a lI a C00£ ONE @moo& AFMCe0 T{E ZV 000E . = ' N�WE AREA 000E? � . -ic 1':7! '"�("l - te Skid" + c51t -i`s a OTHER INS;3RE0-S NAME SAaI Na/t FAtfIIr llr,tMOaR bIo1! tOt Isevi" SGONOWN31dw AMM IM II. HN9IKE z. 4Ap1707900 W a Ew#%D »T' / OR v Evoft a vsSU M DATE OF B1R111 SEX IIY 00 �• a o + I+E P. ,NSl1RET)S FIOLIGY OR GROUP nil�ii uvn o� a' a� M F o o N z _ n =ft ttvWREO "S GATE OF etRTH� yFY rx, YY b ALITE.`a4mNTS f�l/tmgk of L f 9Y9!5'at.:T t:F:iE CWIFE-- Q z w" , i M f Over. ❑N° t- --! !-1O(J c cOTIERAC c01SURAIt[�PLMUAWORPROGiiAM z 2 c.E►WLOYERS AMEOtSCHrOM>iAI� C INSURANCE PLAN OR voloo1MY NAAW 100. FA SEWAM FOR LOCAL 116E 4 IS THERE, ANOTHER HEALTH SENE}TT PLAN' - Q CL YES NO a na�ItA b aAA otn liMe ilrA 9 a4 READ OF FORM+ BEFORE COW LE:-11 i SGIIIr4 THIS FOWL 11 04S{JA MOR A1JTMORIZED PERSONS SIGNATURE I atllonxe P- '1EI•t7 S0A AuT►IOPAZED �aSQIrSStfs4421JfE taMuee>ae.MHattdaaf�Maler Mt.�ollewwKma- GigWANdi waft* bwA tsiatAe WWI SgnaOowsb AS for i I :, ,:: oce ss VVs etsrn. I alto WW r be paAO .A aMOMS"W""' to or 400 - peUw =D �•_ginaT -t— e Cle rile CWTe = 1�:11;i= _SiQnat'-ir° on fiie -- r SIGN - < D A T E � CL%ZWMT - LLP'IESS frt tq OR - 3 F PATEN ►ILLS KAD SAUIF OR S:'IIR+T Li AM Ol Tn l6 OI►IES PLTIENT 17► LE 7O MrORK N ANT OCC1dPATtON 1111 Dtll If1f �Ia+t r • DD I YY' f l q rX IR.�tr IACaD10NIt+ ac '7 iiRST OA'Fy - . t TO t I - - PRECaaiANCYtLl�t ta7 r REFERRING Pl1y5R'JwI aQT►ER UJ L on WJWWROF TES RELATE TO CUFF"T SSEARCES i r ! MD A5 17 2 •. z- R E SE R V EO FOR LOCAL USE i OYTS�E L/IRT S CHAFX;ES fives EI-0 21 O::. G r +:'J53 0Ft riATUR£ OF Oi NM OR 6ZAOr. SATE iTE 1 27- MEOCA30 FIESUBMSSION OR1C'aMAL FIEF_ NQ 9 f 7. __ Y t L—_ — 3 8F'R�i AIRHORlZJITION N111�J: . — j j E f G H 1 J K Z - -L -- ; t 0ATE1SIOFSFR r o - A� Tw aIAG'Olif C� PCWRVW FOR v-A o� y W IfD w CPtItC1'LS T CGOEG+AAGES rlev i < = 3_ •.jtz t)'.�_ ��' -' • #O a1 - -- `' u. t_ t:t.= ':'_ �1iT ;f,=.r Y� � 5 .�-i�'� �G� -y>[t Ijit iil thil..:•s:t: ::�_ - -- 1:5 '4- Z4 —0 tit 7 4 72-07-6 . — I s - E DE RAL TAR to N1411106M s9N ew ; S FtwowsAccoo f me mcxw , IT t on S1134% Arufic_OFASVSIpANp1SLoW%A*T1 E2:OMME D+IROAI LOiF+10tIir>~BRE It+CLUDriG DEG EESORCREGESFIVILS II cen,1• maI Y.e AAIaI�a11NM111e.Mg1 ..s i 05/9 •,L -,�1ED 9wT� . so w P PROvE O Ev AMA CAwCa. Oai 11601CAL 5E.79110E dMW OtfASE PAM 00 rVVF ;a a • s041lLOafipE w.Iolw�,Ir x�tul.IoE�f1E 1 s s s 3. PHWSICWAM &SY1RtBR'SSWMGMAME,A001tFSf crow OfWt aISEIEE tfi ' --0- box y640 ODUTH Ljr*;E TMOE Ca mom 16 140,, I� FOIrA NOFA -t!M Ot2 � • F•ORMOAttCP -IfA ;OIMI.1Rity!; BARTON KEn ti At. HOSPITAL ----- P .O. 80X 9578 S. L.K TAHOE. CA 96158 s<..w •� °'° "w"}" x�� 7 916154 213 003 90 3Z 52 RT VA A _. q u Y w u a r •.w s s� :1rF6.i00 :A .71 v 02/15/53 E M I Y ss R iM► CL £ O1 Rl 0 /9 r r r r r r 77 LAMBERT* VALORIE E. - P.O. SOX 14200 SO. LAKE TAHOE CA 96151 r r SJ 0£ifrti•10r .' • � f k�l�a?.i1iE1 PHARMACY ' 25 55:35 _ DX X —RAY 32 4 496:61 E ME RG ROOM • 45 1 16900 PRO FEE /ER PHYSICIAN 981 1 140 . 00 TOTAL CHARGES 001 860:96 t6 E y .. , ss wR5.�4 - Y�M+t �- '•!p• -•k •Y7.0 �I•af �ywMll6i /4.►4p . LG ,cn- 'R11o�x� rA Vii- `Y - 14 3il r CwAO �o��3d► 1:5 • ._ , M }Ft •ate. - •Si +.S TL �o.+D,:a_/Cl�a, MULTIPLE CONTUS I1 ol ,,,,r co, 9 70 FMYER COPT x_ .., _1 _ _ BARTON tE.MOR I AL HOW I TAL REGISTRATION FORCE P.0 E40X '9578 SOUTH LAKE TAHOE, CA 96155 OUTPATIENT SEE CASHIER PT ACCT NO. 11132115 ADM DATE. 01/03/ '?3 ADM TIME 20:25 SRC OF ADM 7 DISCHARGE GATE DISC TLHE ADM TYPE SERV E/R ROOM BED ADMIT OR # 169 ADMIT EFR T I ET-7 . FREDP. I C CLERK SS PATIENT NAME AREA CODE 916 PHONE 573 -0206 F/C F LAMBERT, VALORIE E. UOF 02/15/53 AGE 039 M/S M P.O. BOX 142t1) MINOR CODE W SEX F RELIGION UNK SO. LAKE TAHOE CA 96151 SOC SEC NO 550 -02 -9464 INFO R'EL Y PREV AOM AKA ? �a��F�E+. �iE�F�iEiE± EiE�ii�i`! fi? �L` Y! t" �tsac+ cs�cac�+ carsr+ cats��s��s��c���c�rtfE�Ft * * * * *�tt�c��cxc+�s�f GUAR NAME RELATIONSHIP SELF LAMBERT, VAL OR I E E. SOC SEC NO 5 -90-02 -9464 P.O. BOX 14200 DL # E03237209 '36 SO. LAKE TAHOE CA 96151 GUAR TEL 916 /573 -0206 FAT- EMPt -OY GUAR EMPLOY 0400a 00000 PAT G_CC HOMEMAKER OCC -GUAR HOMEMAKER EMPLOY PHONE ! - GUAR EMP PHONE # t OW LONG - HOW LONG PRIMARY INS SECONDARY INS TERTIARY INS as P.L*a c(c';-- P 0.0010. ;lZbz1 -51A. cr- g4la -b INS. # INS. # INS# GFtP# GARB- 7b-)630 MED # - - MED# SUF CTYIRES / F• T S NEAREST RELATIVE RELATIONSHIP AREA CODE PHONE - EMER NOTIFICATION RELATIONSHIP SPOUSE LAMBERT, ALAN PHONE 1 � 1 E l573- t)2fib P.O. BOX 14200 PF3NE 2 SCI. LAKE TAHOE CA 36151 GATE OF ACC 01/03/92 TIME OF ACC 1505 ACC TYPE 01 AUTO ACCIDENT ACC DESCRIPTION: A/A , AL TAHOE tCAR COMt'7 COLLEGE RD * * *� *�� *�r * * * ** tart* ���** ��*. t+*+ r* ��tit* �c** ��* ��� ► * *��t *�t�i��� *±� * * *� *�� * * * * ** ADMIT D LAG /CHIEF SAINT LUJ LEFT ART'! PJQJ SIDE * �* �F�F�t�F* �t�r. ttttttt���* tt�t�ft�s�rar�ttr�r�! tatt�t�tr* ��art���tt��r * *sr�r�t�� *t *w��� *s ATTEND FOR W 169, ATTEND OR NAME TIET?, FF;ELRIC ! �± tiFtfFil FiiifiFiFt�k* tt�F1F #t #!F!t *t�ilfRltlFiEtlflF!Fl Fit# kttt�kl Fk! F�Fik* ti�lFlFj t�F�FIF!f!k #i1FMtiFiF�liF4 COMMENTS W FHY ;1644 ZAPGTBC F. I END AO..b ; UP ENGLISH PT DGES NOT HAVE 10 OR INS Cam, WITH HER. --- - w= _�--- - - - - - - -- -- __--- ____ --- - -_ _ BARTON KF` `It IAL HOSPITAL , 2170 SOUL.. $11EST r I NAB. 01/08193 P.C. BGX 9579 } ii I L.L SOvTH LAXE T AHOEo CALIFORNIA 96158 va OIE E. LAMBERT 11132115 P F 11132115 01/03193 012031x. 20 25 Ya�13itiI£ E. LAMBERT OL115153550OZ9464 TIETZ, FkEDRIC P.U. BMX 14200 SO. LAKE TAHOE CA 96151 1/03 E.R.- ADMISSION EhR00010 1/03 EZ NO PT EMR00021 1/u3 ER VISIT TYFE Er4 00043 /03 E 800132 T©T:.L FAYM- ENTSIADJUSTNE 'NTS IN E.k. 41700030 55.35 TOTAL PhAR,YACY 55.35 / rt]xaCIC SP7Z570 41400217 154.12 i/ 0 Ott i P UN I 3Y 73500 41400097 136.99 1 /i;3 tLBLW 3 -4Y 73u80 41400055 lti2w 75 /03 `r.nIST 3 -4Y 73113 4i400238 102.7� T: TAt XiAY 456.61 if- CILITY FLE 42300150 1aS.00 TOTAL En£riGEUCY ROM ! �? Et; V I I'. i 99084 4b009302 14C. CO TOTAL tR PAYSIC1Ale EEt. 140.Iltr • 2oz . 7 446.: t Vi lby.L SARTON IAA HOSPITAL Y' 2170 St7tJ /STREET ,,f- -,l- bAL 01/08/93 P.W. Box 957x C3 1 L S©UTH LAKe tA4OE, CALIFUNIi t 96158 VAOIE E. LAABERT 11 13.2115 P E 11132115 01/03/93 01/03/ 20 25 .VALCkYLE E. LAUEkT 02/1515.3550029464 TIETZ, FkEDR1C P.O. Six IL4209 -NO. LAKE TA 3E CA 56151 T31AL CU CRENT CHARGES 85G.Qa LA -ANCL FO.- OlARi) CHARGES 13 -D4TE 0A MENTS ADJS. D_DUCT -lBLE. Ar0JNT5 ACLOUNT BALANCE 8tQ.9a IF TtMIS ZCCLIUNT IS REFERRE0 TO A irsIdO PARTY FUR AUDIT KEvItHi :i AUST bE CG- MRLETED WiittIti t90 HAYS fR3C HATE DF .r sli3[�a5 E+f ' i �• y.., wv• .v - Wit - - rFail• • r, •i \a .�6y «tVt (.�•• ' 1113211 S �'EIMP: MENTAL STATUS .- LAheEkT. YALORIE E. PIXSE PE1PlLS 02/25/53 11/033 RESP. PREP. SOLUTION TZ, FREDRIC TZ• FREDRIC Bj(p AUBrAES Si, gib'• GF N GS Ow ' TIME NL RSE'S f4om NL06" NOTES ROOAA NIIA410 VALUABLES a YES o NO SW4WER U Yes ONO A I .J . A/0 L _t? C _ _ POLICE NOTED 0 YES • 0 NO LAS EI X-waY L Q: L ;-c ! e d- : T .._._. . _.._ _ -- _ Aj TIME HISTORY & PHYSICAL �� r , ,., � , , : `•`• _ -_. �� e. � - .� V�� c �? i� d/4_ � _ �s�. 3. - ,G• -_ _ C�(.o 5-.?� „- %SSG • - . � � G, -- U GS.f � �c� -� 5.�- - t �,,.. !'.r iT- �+�-.X t S L�j•..�1 .� � �E (� � �.... t �'`F W_ ? 4r`!�i G � ".`�_ � � v�J J G r- 4 i - �► r '� o'� (,��uc� � t�•�j' . -�•' { 4 li,_._Y SL- fi'v � �1G -•mac' � G,.. .r ��,• � ��•' !` w •z� 4. ,.tom... PRESCRIP iAGNOSIS t r TME a ifW TLAL IitEAUALIIT cow" N04 DGCNAKX - . ` � ..,�� �, r • -� , o roar J �c. L D FAIR O CONCAL • :� fit. • �� � >> - � Z TIME WORK �-t)'r1 O o NR. CORKS 0 cc our" L(-')(-- ni PHY51C))AN WNSULS104IG OWS1 011 0 Oil[ • �.�. METIiDR BARTON MHO?" FMEGE�Y REPRT o P H Y S I C I A N COPY PLEASE SEND TO PATIENT --),NOT AFI Lf NAME /ADDRESS OF INS co. !^4 THIS R E A 01/45193 Rage 128 � • cic p7v 74 cc kP PATIENT 1 HEALTH INSURANCE CLAIM FORM W„ r IiE MEOiC� awe QMaIFtM PLAN l,tMf> to wslraEOS la IA<Il�t1 fOR PROGRAM w ITEM +l A •,11rbacale 4 rs.Assir I'1 ewar . ' A` «la a9w Aa 5Q 02 9464 L-1-14 I L`L-f % 1 , V ■ -W -%Jw 1 1 L. C. 'S PAT+ENTSA0OfWM0ft.% -0 P.O. BOX 14200 CITY UAW E SOUTH LAKE TAHOE CA ?,p com T6uEA+D�+EMa�Irew�t�M 96151 } 9 OTHER INSUR6DSNAMEdAR Vawa.FApalame Mtla1aoft i ' t CTHER WSUIWSPOUCYORtjROUPEf WW �� n OTHER INSUREOSOATE OFSOXN UK I LRlt DO . YY M !. F ^ c EUPLOYERS NAMEORSCHOOLMAW f !W INSURANCE PLAN NAME OR PROGRAM NAW -- READ BACK OF FORM BETE C010t EXISC i SttiilllG VAG POW& ti srSt7REO s OR ae/A+OR PERSON s SGNA:Ii I a,Cwce ! . �ATIENTSORAUTHORItEDPERSON amp me0tisoni..NVr~vWnvq '� pr:•c:rSS N.xs �-ta�laKa rigrall mdsOrwlWMt ben"40w2b <tM«zba"w f oft aixwis aawmwQ laMOiE!' albs. Wl tOa iR�0iO91M0,y+yyCei�q S�gYir br I� Deb. ! i S+GNED Signature_on_ file___ -___._ oAx 01/05/93---- m3mim Signature cxi file }Y .= DATE OF ANT- 211FPLTIBa HN&/MDSAIEORSARL/lRALWU. 7I,pAiFSYA7rtNTLMVA"TOVIO ICMOUFWNTOCCLJPATCH ' C W tlQV iACOOMOOR (SINE Fimom bw OO - YY MM : O® YY mu OO YY t) { 9�s PREGMANCYPA>� FROM To )FRL4ERRSIGPHVSl MAONGjWER�Tc ZALAb_FUO�ROFi _ wR�jIW atM QSi4TAI�TIONOAiMI�ATDiOC�NTSERWM TV F I E T Z MD AS 17C}? A51702 $lWA (� 43 Tm '~' ' °� ' '� 19 RESERVEOFORLOCALOS E 20.40titSM LAS! SCKAR21M. 2r DAGNOSISORNATUREOFILL NESSORWAIRT.PVLMX49DO42SMA8M UNEBYlltte� 22.E iEmupMeap W. Na 957. 8 3L L_._ Y Zt PRIOR AUT+4OaWAU0N MI4dW s I �.: A - !! I c g ( 1 ? 15 53 a t l r A i LAMBERT V11-0t 1E H t 4 ftmemrse Allumslo tpal WSl1R£OS^00R£SS+4. SnAM� I i 0--i !' 0.0. BOX 142100 1 �a Patw slam" +m SLATE z s.rr►� w.+. arm SOUTH LAKE TAHOE CA # DO Yr W OD rY ;27 ilPaooE TELE�•loNEIF�cLUOEAREA000Er a E•IFr.• ,.. i7 °: __ 96151 } to +s 6PL1FAlTSaB/�>ISO tl. wSURE05 f011GYCJ101M'ORi_C1►KlilrBEal C 6AA 0 7 aE BI[i'A !tai a SGUREDS OF I M - � j []Vu g ,"m j� J' j y IF CA a SUM AOODEM r! PLt[:, 0-0 z EMPII.Cv*R S NAafi OR 50900E &AWE 10 gj C"'0 HOUSEW I FE z C. Or►ER Al*mm ! C. 6 SURAHM PuM WAMI;OR PFiOGaAM NAME, I � r Y$ NO 1 Cx= �C'�671 1 o = 7 F E OF RAt TAX 10 04PAOM SSW r:m Ift AEles fOREOCx u5E 2 IS F64M W40ZD" NEALT++ GENc_su FLAW G 30.OAL$S i SK* /ea •tar.ln auC ooAlp+aN �w+9 s4 i - -- READ BACK OF FORM BETE C010t EXISC i SttiilllG VAG POW& ti srSt7REO s OR ae/A+OR PERSON s SGNA:Ii I a,Cwce ! . �ATIENTSORAUTHORItEDPERSON amp me0tisoni..NVr~vWnvq '� pr:•c:rSS N.xs �-ta�laKa rigrall mdsOrwlWMt ben"40w2b <tM«zba"w f oft aixwis aawmwQ laMOiE!' albs. Wl tOa iR�0iO91M0,y+yyCei�q S�gYir br I� Deb. ! i S+GNED Signature_on_ file___ -___._ oAx 01/05/93---- m3mim Signature cxi file }Y .= DATE OF ANT- 211FPLTIBa HN&/MDSAIEORSARL/lRALWU. 7I,pAiFSYA7rtNTLMVA"TOVIO ICMOUFWNTOCCLJPATCH ' C W tlQV iACOOMOOR (SINE Fimom bw OO - YY MM : O® YY mu OO YY t) { 9�s PREGMANCYPA>� FROM To )FRL4ERRSIGPHVSl MAONGjWER�Tc ZALAb_FUO�ROFi _ wR�jIW atM QSi4TAI�TIONOAiMI�ATDiOC�NTSERWM TV F I E T Z MD AS 17C}? A51702 $lWA (� 43 Tm '~' ' °� ' '� 19 RESERVEOFORLOCALOS E 20.40titSM LAS! SCKAR21M. 2r DAGNOSISORNATUREOFILL NESSORWAIRT.PVLMX49DO42SMA8M UNEBYlltte� 22.E iEmupMeap W. Na 957. 8 3L L_._ Y Zt PRIOR AUT+4OaWAU0N MI4dW s I �.: A - !! I c g f G H t K tz DATE,$ >OF5�y�� Fr;rn ---T! too M PAOCEMORKSE::�E3.ORSUPPM ZEi+Ailt�aCJdRaICAy � so"AGes =ORF= EMG C0D U E DO Yr W OD rY ;27 C a rl c )__ i 9, — — �l i �' 1 3 93 4 730 W 26 ?. OU �i 1 t Cx= �C'�671 1 o = 7 F E OF RAt TAX 10 04PAOM SSW r:m = PallEaffro, 000009 eq Zr. AODWT w, CmpmL f�i10+Ii SOT+IE CMA74E Aaa3UMt PAW 30.OAL$S i SK* 65- 0084646 231.00 s 131.00 LL JZ NS E JW0 f+ACKM woM SBRYKiS wERE 01 03 9T 24 4 73110 26 C B i SECE :10 30-00 +1 .0- tax s►bar, I � ()fc ?�671I ()!= 0„;_ 31/05/93 ,w � X'sb71 i0 r,;�. • ciI ci= 9- U1 U 9� ^2� 4 731510 26 Z4. 00 ► 1 C InCjC�67111)!( I I) 1 +)3 93101 03 4 1 72070 11 26 25.00 L' 19 1 J (K C•36 71 100 id APB `10VE9aY AM CG+C+CL C N- aE.4-SCAL SEA 041& PLEASE PJaW 0A ri'PE sol- --40FO !SW to ya faL' -.1c : in #1000 4443 -t_:: a n = 7 F E OF RAt TAX 10 04PAOM SSW r:m = PallEaffro, 000009 eq Zr. AODWT w, CmpmL f�i10+Ii SOT+IE CMA74E Aaa3UMt PAW 30.OAL$S i SK* 65- 0084646 231.00 s 131.00 - -, (;r1a WRE OF IIMYSaaIwOR SfiPLE91 JZ NS E JW0 f+ACKM woM SBRYKiS wERE OWSCAMS. SUPPLIER SOL AVAG WIIW *- ADDIREIM D CM , C B i SECE :10 • �aw� I iZ. .0- tax s►bar, I M LA kE TAt*3E CFA 96158: 0„;_ 31/05/93 ,w � X'sb71 i0 r,;�. • APB `10VE9aY AM CG+C+CL C N- aE.4-SCAL SEA 041& PLEASE PJaW 0A ri'PE sol- --40FO !SW to ya faL' -.1c : in #1000 4443 -t_:: if F � J t c + x 3 �.f 9 OOCTOR it $IONAT a` 0 0 0 a /'AMf1,Y Qp OATS MLMe�l1 «N69ft MCI Ls;AI - rr CHAAGtS CR8017e -A ADJ, dALANC[ BA�AN�a? NAMt;. A. OialVIM. i PATIENT . {/M Initial Viaiy Lid. HistOly CPT slow INNIS- F64 D, MISCELLANEOUS faam, Treatment 99202 1) 1"1081 Visit, Wermed, Mia101y pp010� 1 1 Nutritional Counseling 1 1 Missed APPOlntment .99241„ OaN 01181v1oe�- -,�- •I•�••�•. (xtra, Oraq., Traatfhenl 99203 tni O lialviut,Comp. Hlslay 90{16 w ( ) X•Ray Reading 99040 7614p '■*�� ��~ 0104 Of Assldsnt Exam, Ofa�yy.�r'Treslrhent 99200 o 9RSTASLISH {Q PAT►SNT 60020 O SPSa►NRSpOns «„�..,.. 1 1 Supolemsnlc 99080 89010 .�•.,,...,• ASSIGNMENT ANO R9LEA81i 1 hsrsby authorise my insurance bonslns (l As•s4sm /Trulmsnl 96212 E rn rtlsd Rs•sasm /Treal 90213 90040 90060 O {, ORTHOPEDIO SUPPIIgb F be paid dlrcclly It tha PhY►islcn and I am hnsneially rosp4ns +ble f0► non. covorsd snrvicos 1 +,Igo aulh9f,l0 1 1 Intamadlaa Ns•c.am /Trgal. 99214 90060 (1 99070 Ihs Phys,gion 10 retgasa ony tnlgrmation *4w###4 19 O Eatsnded Re- exanl/Tr9al• 99215 f) Cemprehsne►ve Re•saam /Tr4a1, 90070 �� Pr X-RAY "`�•'�' Prospc This sta�m. 90216 I 1 Late, Wssltsr►d, tleltday 0, 90080 ,,..�,,,,,,,r 1 1 Csrvf061 Spins AP /Lai 720.10 "*us* Cali 1 I Oth" Visit/Spied ManiOulslion !0A 0.14 I 1 Cervical COmplulc O Cafv. Comp. Inc, Flog, EaI, 72060 72051 ter, �'�'"•"'•'a•'"'�" TOTAL CHAROO; i ( ) A200p Cl PHYSICAL THERA ►y ��� "'~ "�•� ....,,,,,.,,.. 1 1 Thorsoic -....� ( 1 Lumbar Limped '12070 721QQ 1 AVTHQR12E MY IN VRaNCE OMf01� TO qe 1 1 ..,rte, ___. _ � (1 LUM69,846141 Complete 72110 ►ORWAR010 TO MY DOCTOR FOR TH {{R 000AC00RCERVICAL •.,�,_��, ( ) 1 1733,3 CenfsecrsrrslSY OSM LUMOO•SACRAL 11 739.0 Oiaetapmen► of lOtse 11 846.0 LumIN•Sadal Eproin /91rain I 1 844 0 Sprs n /Slroin Knee 11!47.0 Cereal /prise /SIr#lR 24.6 OisNder *I Lumbe•Socrol,@tnl 11 714.4 §VnOvibc:9Wa'hg /TanssYn r I 1 773.4 Clrvbal R•grcylilia 11 + 1 1 646.0 801MA /61rafA Ank to • (172!•1 CwbaiMratg,s SACROILIAC 11 646.1 Sprain /Su in pool t l 72Q,3 Rsdbular Nsuralgta 1 1 848.1 $84100140 98ratR /buadl 1 1 778.8 !V, nova B ! }fTsnlsa • 111pRA01C 11 724.6 DiWdor Of faa0ihas oinl Pillion) 4/ Signature; 1) 733.11 "&saw I1Npv8ltN/al Din eleatfs, 11353.3 ThusskPbawOiasfds, MISCELLANEOUS 11 839.6 BublWallen K� N N �T H D, R U M A I G K, D,C, if 734.1 Ths self, $fn 1) 713.4 brachial Neyritll Rsdbulitq f 1 346,0 Hesdsshe MfiTOYRN 11UILOING N 1 1 ..X 1 1 �,,,. HWY, 50 - AT TAHOE 9LV9). LUMMR 1) 2477 I.AK6 TAHOI BLVD, 1 )847.3 Tbpa4io,LyptberiMailliflrsin I 1 729.3 "Moor InluvVtcbrst 0I24 SYFd/0mc RIMI EXTREMITIES 1 1 840.0 SoraiR/$I(4IAfiNUbsr/UaOuArnt I, Aim 710.10 P.O.80X,�QQQ.)4 3GU1'H LAKI O. Box ('wo- N) t11f�1l}t 1 1313.4 LunNsr ilettus OlsoldM 1 1 134.3 1 1 Synevilis /8urs,tis /lanpyn. sr (1 841,0 IP +ain/fUSln 11bow /lsrearm (� t 0) d4'1•� LumNlgfa 1 1 724.3 Radisula/ NOUlsfB,e /fOfltba 1 ) 726.3 iYnOVitic /fufsrlu /Episolwylitr♦ ilbow SS s 6 131 If 1) 8410 Sprsin/ftreun Wryal f3A L . • t 8044 11 043.0 6P lain /111081n Hip /Thigh OOCTOR it $IONAT a` 0 0 0 a 1 ,3 ,l i Y M v �i �f xo t A. OPFIC1•N1W PATIENT S/M - . CPT FIE 0. MISCILLANEOUS w I) Initial Vigil, Lid, History 1 ) Nutritional Counseling 99241 ; Daio of Sorvioe ,, l 1 1xam, T /ealment 99702 90010 Misted Appointment 99049 1) Initial Visit, Intormtld „Hislery I +am, Diag., Treatment 99303 9041/ X•RW Reading 78140 Oslo of Agifideht ...��,�,,. {)Initial Visit, Comp. History O special Reports 99080 .........r ASSIGNMENT ANO RILIA81s I hgrsby Exam, Dies., T(eelment 69206, 10020 I I Lupplomenis 99070 "•�� aulhonte my insprance bonehls be p9id diropl 81. OPy1C/•E 646H1C PATIENT 1) pr xam /Treatment 99212- • 90040 ( I E. E. ORTHOPEDIC SUPPLIES ' i0 the phyliQlan and I pm linaniiafly respenoiblg p � -•�* for non•Covorod survicos. I Also aulhottra Iho . ( noted Re•extlm /Trot. 99213 90060 VATR MLMS[R Nt!`9RV cIls L CHARGES CR901TS AOJ, BALANCE OA4 AM*C[ HAr-t[ 1 1_812 A. OPFIC1•N1W PATIENT S/M - . CPT FIE 0. MISCILLANEOUS w I) Initial Vigil, Lid, History 1 ) Nutritional Counseling 99241 ; Daio of Sorvioe ,, l 1 1xam, T /ealment 99702 90010 Misted Appointment 99049 1) Initial Visit, Intormtld „Hislery I +am, Diag., Treatment 99303 9041/ X•RW Reading 78140 Oslo of Agifideht ...��,�,,. {)Initial Visit, Comp. History O special Reports 99080 .........r ASSIGNMENT ANO RILIA81s I hgrsby Exam, Dies., T(eelment 69206, 10020 I I Lupplomenis 99070 "•�� aulhonte my insprance bonehls be p9id diropl 81. OPy1C/•E 646H1C PATIENT 1) pr xam /Treatment 99212- • 90040 ( I E. E. ORTHOPEDIC SUPPLIES ' i0 the phyliQlan and I pm linaniiafly respenoiblg p � -•�* for non•Covorod survicos. I Also aulhottra Iho . ( noted Re•extlm /Trot. 99213 90060 phydsion to rot se Any inlgrmytion rogttirat) to / It 1 1 Intermediate 114•exam/Trfat. 99214' 90060 99070 proge ; Ihi C' O t+tinded Re•exom /heal, 99316 90070 ..��..,... �� F• .-RAY Cervical Spine AP /Lal �c (1 Comprehensive Re-exam /Treat. 99216 90080 1 1 72040 .,.,..,�.,. Signed: f) Late. Weekend, Holiday w ( ) Cervical Complete 72060 +..+...... House Call 90140.14 ( ) Cety, Comp, MO. Flex, 1xi, 72062 .,.,,,,.,.� TOTAL CHARQES 8 1 1 ONiae Visit/Spinal Manipulalion A2000 ( I Thoracic 72070 1 AVTHORIZI MY INSURA CHICK TO 11 I) ) Lumbar Limilgd 72100 ....,._... FORWARDED TO MY DOCTOR FOR TNISE C, PHYSICA L TH I R A PY ( ) Lumbe•SeeralComplalg 72110 , SERVICES. 11 11 1CDA 0001 CNIVICAL LVMeO•SACRAL 1 1044.0 8ptattl /1118tH Knae 1 ) 799.2 Co(vtaoaran►alSyndrome 11733.0 Duo4oen+ero at Cervical Ciai 1 ) 846.0 Lum90•faNel 8ptaittlSu+in 1 2 7240 Ivngviut L 8wtams/Tonolyn. 11147.0 Colviaal Spt+in /Sualn 1 1 724.6 Disorder of Lumbo•6asrst Joint (! 14 i.0 Iptun /luatn Antla r 11 729.4 Cervical Rodiswntls 11729.1 Cervical Myalgia 1 I �"' SACROILIAC 1 1 1146.1 Iptaln /lualn Fg01 1) 726.1 1Ynavltii /IYttilil /Tgng /Ytt• �99t 1 1 729.2 RadreuNr Nauratgie 1 1 046.1 • SaorgiElo Sprain /Swain 1) 724.6 Colloids, of SoCroibac Jeinl Palignt Signolure: THORACIC Disg piaNNr 1) 723.3 The/s4iaPlexus MlYCwE�L4N(QU8 KENNETH D, RUMACI(, p,�, Dib►al f) 362.3 TheraaN Plexus Diserda I ) 821.6 6ublu4atign M6TOYER 9LIILOING 1) 724.1 TReraais Pain t 1 941.0 Headache HWY, 50 . AT TAHOE 8L.VQ, 1 ) 723.4 Sraer►ial Nevr4is W MdiewlN ►t 1 1877 LAKE TAHOE BLVD, I f.11A4f AR EXTREMITIES � P.O. SOX 2000.14 SOUTH LAKE TAHOE. CALIFORNIA 90151 11 147.2 Tfapaaie•Lut►+gar iMaN+ /strain 1 1 640.0 ipralR/ivain 8houloarfUppp Arm 721.10 (916) 544,409f 1 1 722.3 , LurRbar Intenefteb►al Dios Syndrome 1 1 Synovllis/Owuiis /T+nssvn, of 111sulder 1 1 263.4 Lumbar ►loxus 0189rdar 1 1641,0 Swain /61fain Etbew / /er+arm so a 659.89.,1 .1 1 1 724.2. Lumbstgia 1 1 726.3 SynovlUs /Uurbiiit /Epi$ondviiitt 11"w CA LIR. N tt04A 111734,11 Redisular afwratgia/Siiatiga 1) 142.0 Sprain /6114 in Wrtal 1 1 843,0 Sprain /attain H.p /Thigh OOCTOp•' $IONATLI 1. •t ^ A F� IV *- to = ' 7 PREVIO SAIAlll NAME I VAY9' FAMILY MLM8LR PR FLBSIOHAL •LIIVICLB CHAgGL• CRpOITS - AOJ. pALANCL A. OFFICE-NEW PATIENT E /rA CPT FEE O, MISCELLANEOUS ► Initial Visit, Ltd, History 1 ) Nutritional Counseling 99241 , Oeae of 60tiol o 40I0LL�.�...,,,, exam, Treatment 99302 90010 1 ) Missed Appeinimenl 99049 lJrlT ( 1 Initial Vib4, Informed. History Del$ o1 Aseldew (► X•Rey Reading 76140 ASSIGNMENT AND RELIAS�: ( hereby Exam, Ora4., Treatment 99203 90015 ( ) Special Reports 99080 �.,...,.,�.. OMillar Ois; Comp. History awhortta my iniswonoe benefits b$ paid directly Exam, OieQ., Treatment 99206 ' ' 90020'. �,�,�,.,, O Supplements 99070 .....,,. 10 the physIGIon and I em finen`iolly responsible S. OfflCP41STABLISHEO PATIENT 1) 0hil .. -�-� IV non•eovered a(vie9f• 1 4119 aylhpria:e the 1 ) 9!j# s-oxsm/Triatment 85212 ." '50040 111 9. ORTHOPEDIC SUPPL195 physician 14 ►sisal any informalWn. quir /4 10 1 Imlted Ra- exam/Treel 99213 90050 I ► 98070 preeaaa I ,is cla O Intermediate As- exam/Treal, 99214 90060 v ( ) Ixtended Ra•exam /Thal, 99x15. .90070. P, X-RAY I Comprehensive Re-exam/Treat. 98216 90080 1 1 Cervical Spina AP /lot 720 40 ,..r...., •10t+e4: r {) Late, Weekend, Holiday or (j Cervical Complete 72050 TOTALMCHARGIS House Call $0140.14 .,,, O Cerv. Comp, Inc, Flax, fit. 72053 I ► Ohio@ Visit /Spinal Manlpuletipfl' , A2000 Thafleld 72070 �,. � 1 AUTHORIZE MY INSIJ AN01 CHICK TO Of I 1 .0l ,w..,,�,.,.'.ye.�..,.� i { Lumbar Limited 72100 ,.,.� FORWARM TO MY DOCTOR FOR THiISE C. PHYSICAL THERAPY I 1 Lumbe•Sacral Complete 72110,E SERVICES, ICOA COOS C68VICAL Lt)M90•SACRAL 1 1 644.0 Span+ /Strain Kris 1 ) 723.2 Cervteoarortbl Syndrome 1 ► 646.0 Lumbe•Sacial So►ain /Swain 1)722.0 Oissloamenl of Cervkel Oise ,. 1) 724,6 Oiswdar of Lumbo ♦Seaal Join ' 1 1 716.5 SvMv�lts 6 4yrslue /TaMayn. 1 1 847A Cervical Sprain /Strain (► ( 1040 Sprain /itrun Ankle 1 1 723.4 Cervical Rae,fulhis ' 1 ) 846,1 Sprain /swam Foot r SACROILIAC } ( 1 725.8 BYMwue /BwauNTeMWh• P"I (11729.1 Cavieel MNelois 1 1 646.1 11NeNlae iprein /s +nin F dent 4 ! 719,1 MoNutp Neurar0te i t 1 �� 1 ) 714.tl Disorder of ssirenlae.tolnt S onaturo: THORACIC 1 ) (►722.11 Theraalflmpvaabralpiseoi: order MISCELLANEOVS KENNETH D, RUMACK, 0,C, 1 ► 353,7 Therasis Flows Disorder 1 ) 639.6 Sublv=alAn MRTQYER BIJILQIN(j 11720 Thwasishin I ) 346,0 Headache HWY. 50, AT TAHOj BLVD. 1 1723.6 Sroehial Neurillsof Redr$uligill. ' . 1 ► � 2877 LAKE TAHOE BWp. (1 P.O. •14 WM9AR� lXTREMITIEE 1 ) $47.1 lhorsfi$•Lymbar Sprain/ /train 1 ) 640.0 Spain /Slrain Shoulder /1,►ppet Aim :OUTH LAKE TAHOE. A jjl jl 1 1722.2 Lumbar Inistvertebrol Oise Syndrome 1 ► 726,1Q srnovius /8ursnu /Tanewn. el Sheuldu (9181 6, /1 4996 (► 353.4. Lumber /leans Olsordar 1) 641.0 Sprain /Swain Elbew /Fwearm sal a e 4 a6•t>tt = 1 ► 724.1 Lumbel$is f) 726.3 Synovitis /BurPUa /Eploondylilis /thaw CA tbp� 1 1 714.3 Ralliouior Rowe sl9is /Seisllee 1) 942,0 Sprain /Strain Wriil 1) 843.0 Spain /strain Hip/Thigh DOCTOR'S SIQNA • s t • • e .t to = ' 7 1.! ti ter` j: 1, st �1 A. OFFICE-NEW PATIENT E /rA CPT FEE O, MISCELLANEOUS ► Initial Visit, Ltd, History 1 ) Nutritional Counseling 99241 , Oeae of 60tiol o 40I0LL�.�...,,,, exam, Treatment 99302 90010 1 ) Missed Appeinimenl 99049 lJrlT ( 1 Initial Vib4, Informed. History Del$ o1 Aseldew (► X•Rey Reading 76140 ASSIGNMENT AND RELIAS�: ( hereby Exam, Ora4., Treatment 99203 90015 ( ) Special Reports 99080 �.,...,.,�.. OMillar Ois; Comp. History awhortta my iniswonoe benefits b$ paid directly Exam, OieQ., Treatment 99206 ' ' 90020'. �,�,�,.,, O Supplements 99070 .....,,. 10 the physIGIon and I em finen`iolly responsible S. OfflCP41STABLISHEO PATIENT 1) 0hil .. -�-� IV non•eovered a(vie9f• 1 4119 aylhpria:e the 1 ) 9!j# s-oxsm/Triatment 85212 ." '50040 111 9. ORTHOPEDIC SUPPL195 physician 14 ►sisal any informalWn. quir /4 10 1 Imlted Ra- exam/Treel 99213 90050 I ► 98070 preeaaa I ,is cla O Intermediate As- exam/Treal, 99214 90060 v ( ) Ixtended Ra•exam /Thal, 99x15. .90070. P, X-RAY I Comprehensive Re-exam/Treat. 98216 90080 1 1 Cervical Spina AP /lot 720 40 ,..r...., •10t+e4: r {) Late, Weekend, Holiday or (j Cervical Complete 72050 TOTALMCHARGIS House Call $0140.14 .,,, O Cerv. Comp, Inc, Flax, fit. 72053 I ► Ohio@ Visit /Spinal Manlpuletipfl' , A2000 Thafleld 72070 �,. � 1 AUTHORIZE MY INSIJ AN01 CHICK TO Of I 1 .0l ,w..,,�,.,.'.ye.�..,.� i { Lumbar Limited 72100 ,.,.� FORWARM TO MY DOCTOR FOR THiISE C. PHYSICAL THERAPY I 1 Lumbe•Sacral Complete 72110,E SERVICES, ICOA COOS C68VICAL Lt)M90•SACRAL 1 1 644.0 Span+ /Strain Kris 1 ) 723.2 Cervteoarortbl Syndrome 1 ► 646.0 Lumbe•Sacial So►ain /Swain 1)722.0 Oissloamenl of Cervkel Oise ,. 1) 724,6 Oiswdar of Lumbo ♦Seaal Join ' 1 1 716.5 SvMv�lts 6 4yrslue /TaMayn. 1 1 847A Cervical Sprain /Strain (► ( 1040 Sprain /itrun Ankle 1 1 723.4 Cervical Rae,fulhis ' 1 ) 846,1 Sprain /swam Foot r SACROILIAC } ( 1 725.8 BYMwue /BwauNTeMWh• P"I (11729.1 Cavieel MNelois 1 1 646.1 11NeNlae iprein /s +nin F dent 4 ! 719,1 MoNutp Neurar0te i t 1 �� 1 ) 714.tl Disorder of ssirenlae.tolnt S onaturo: THORACIC 1 ) (►722.11 Theraalflmpvaabralpiseoi: order MISCELLANEOVS KENNETH D, RUMACK, 0,C, 1 ► 353,7 Therasis Flows Disorder 1 ) 639.6 Sublv=alAn MRTQYER BIJILQIN(j 11720 Thwasishin I ) 346,0 Headache HWY. 50, AT TAHOj BLVD. 1 1723.6 Sroehial Neurillsof Redr$uligill. ' . 1 ► � 2877 LAKE TAHOE BWp. (1 P.O. •14 WM9AR� lXTREMITIEE 1 ) $47.1 lhorsfi$•Lymbar Sprain/ /train 1 ) 640.0 Spain /Slrain Shoulder /1,►ppet Aim :OUTH LAKE TAHOE. A jjl jl 1 1722.2 Lumbar Inistvertebrol Oise Syndrome 1 ► 726,1Q srnovius /8ursnu /Tanewn. el Sheuldu (9181 6, /1 4996 (► 353.4. Lumber /leans Olsordar 1) 641.0 Sprain /Swain Elbew /Fwearm sal a e 4 a6•t>tt = 1 ► 724.1 Lumbel$is f) 726.3 Synovitis /BurPUa /Eploondylilis /thaw CA tbp� 1 1 714.3 Ralliouior Rowe sl9is /Seisllee 1) 942,0 Sprain /Strain Wriil 1) 843.0 Spain /strain Hip/Thigh DOCTOR'S SIQNA • s t • • e .t A 4 { a e @ N 7 , w r, Iw 4 i A. OFPICI•NOW PATIENT 9/M CPT Fll D. MISCELLANEOUS w+r� (# ( — 1 ) Initial Wait, Ltd. History O Nutritional Cpunaaling 99241 ..�.....x.F Da {0 pl service �Px,w..... .62? . (ram, Treatment 00202 900101 Missed Appointment 96049. Dale of ANident 1 ) initial Visit, UitNmed, History ; ' O X.Rey Reading 76140 . ,.....,�.,� loam, 01#2" Treatment 99203 90015 '^,,....,... 1 1 special Reports 99050 ...,,....... AlSIONMENT AND RILEASI: 1 horbby f ) Initial Visit, Como. Hlet C � Isom, Meg., Treatment 99206 90020 �.�..�. (I SupPl@men11 99070 ,..,.,,,.�,,.. aNlhefit/ my insurance ilenehle be pettl directly is Iho physician and I am hnonsielly r4spottbible S. OPFI •ISTASLISM9D PATIENT () ImP Ae•exem/Trealagnl 99212 50040 E, ORTHOPEDIC SUPPLIES ter non+$Overed service$. 1 also oulhOnso Iho phVaicisn Ip Islas$@ any Wormali0n re4vired It 1WLionlied Rosxam/Treat. 99213 90050 (I $9070' /AM16Y QATL MLMfgm PRO /Lea�pNAL fCRVIC`f CNARarrf 'QRLOITf AOJ, pALANG:. i I Extended Re•exam/Y/aal. 99216 1') Comprehensive Re•exam/Treal, 99215 PR[V f IIAIAN ( w� NAME 1/ A. OFPICI•NOW PATIENT 9/M CPT Fll D. MISCELLANEOUS w+r� (# ( — 1 ) Initial Wait, Ltd. History O Nutritional Cpunaaling 99241 ..�.....x.F Da {0 pl service �Px,w..... .62? . (ram, Treatment 00202 900101 Missed Appointment 96049. Dale of ANident 1 ) initial Visit, UitNmed, History ; ' O X.Rey Reading 76140 . ,.....,�.,� loam, 01#2" Treatment 99203 90015 '^,,....,... 1 1 special Reports 99050 ...,,....... AlSIONMENT AND RILEASI: 1 horbby f ) Initial Visit, Como. Hlet C � Isom, Meg., Treatment 99206 90020 �.�..�. (I SupPl@men11 99070 ,..,.,,,.�,,.. aNlhefit/ my insurance ilenehle be pettl directly is Iho physician and I am hnonsielly r4spottbible S. OPFI •ISTASLISM9D PATIENT () ImP Ae•exem/Trealagnl 99212 50040 E, ORTHOPEDIC SUPPLIES ter non+$Overed service$. 1 also oulhOnso Iho phVaicisn Ip Islas$@ any Wormali0n re4vired It 1WLionlied Rosxam/Treat. 99213 90050 (I $9070' ....,w..� pro ;$$$ this Claim, ( ) Inlermodiate Re•e>tam/Teul, 99214 90000 ..�.� p X-RAY i I Extended Re•exam/Y/aal. 99216 1') Comprehensive Re•exam/Treal, 99215 90070 90050 ., .....,,...�. �.,�� 1 I Cervical =pine AP /Lai -73040 .�........ il9rioM ( I Late, Weekend, Holiday or House Calf 50140.14 ' O Cervisel Complete �.,�„�,, (1 Corv, comp, Inc. Flax, Ext, 72050 72062 TOTAL CHAR066 4 ,�....,.,.,,.. I ) Office VisY$/Spinal M@nlpulation A2000:'. Tholfacis 72070 1 AVTHOR12E MY INSURANCE CHECK TO It i 1 1 Lumbar Llmlied 72100 FORWARDED TO MY DOCTOR FOR THESE C. PHVSICALININAPY (1 Lumbo•SeorelComplete 72110 ICOA 0005 CERVICAL 6UM90.6ACRA1. 1 1 644 0 Sprain /!Ilan Knee 1 1 723 2 Cervidowenia19yndrlme 1 1 7224 Olspu4emeM of Cavlee►'Q,e4 ()140.0 LuMbe•S641sl Spain /61ra1n 1) 724.6 Disorder of Lumee•!s•ret Joint 1 1 720.4 SYnOvilis M Sur•llie/Ten@•Yn• I) $46.0 Spiain/lir•in Ankle 1 1847.0 Cervical Swain/ytrNA 1 1 773.4 Corms, Rsa,evfibs I I' 1 1 64111 Sprain /lea 7 t �>pov , { } 7293 ColvralMyolbi• 9ACROlLIAO 1 ! 946.1 lNrolNellWeNMiaaiit 1 1 726.6 T•it44 F•uem 1 � �� I) 7292 AmMul•r Novret6l• 724 9 `Olseidel el Saeieibes JNnI W246 5ipna1vr0i 1MDRA010 MI6ai uNlous KeNNETH 0, RUMACK, DIX. f 1 722.11 ThoreefelrllrveneMel0itioDo wdes i 1039.5 SNMYUIIM METpYER BUILpIN(3 If 1 363.1 Tnen4i4POOR Disorder t 1 724.1 Tliera�a /•Ml w 1 ! 340.0 HaodaeMi HWY, 50 • AT TAHOC OLV0, l f 723,4 ofbbni6l Nswili1 N A404V4116 1 1 ...,.. 2077 LAKE TAHOR DWp, 1 1 .�.... LUPADAA rXTRlMIT{6! P.O. BOx 2 SOUTH LAKi TAHOC LIPO iNIA 94ISI 1 f 1472 Ther•e1W1,uiMer Dwain /Slrlrn 1) 140.0 Splebi /luoin 5hoylMNUpper Aim 724.10 /T•Mayn. (01!3) 6+�4.499 f) 722 2 Lumbw Imorvertebni Dist Syedreme r i 3634 Lumber Pp ■us Oiserder 1 1 6Ynwilis /SurN111 of Shoulder 1 )S41.0 BpiNn /Strain 11taW /Forearm as ■ eea•u•1, f 1 724.3 lvmalgis 1 1726.3 9ynevhis /Gut sihe /9piaendyl Ili a CINw GA LIG 1 1 7241 RaillevlN Nlur6fgie /SCln+ta 1 1$42,0 Spreiri /9uein Wnsl . Z'v )$43.0 Sprain /Slrain HigInhi,R p0{f10R'!6 VQNATWft S INSURANCE a"16041914w) '.atla ice- uw.camWOrw ww DOX 13506 '. 1'D cA.n r.'•iD�:., :o :.s:r,u�:: c�s:.•;,,•U :� : L k AAl i:fd' > f _ 585 A'rrN: ;7[ E N PAR El us P , EULTlnCk18ER� INFQRtaATtON - .. �, . ,....... +- r5*. •- w. +or •.—e= [ BER'P VALERIE x rwlrtw s "tt a aae.N ..01 03 93 1 Ss.jtrk6 a wr y ++-•r Mf LAMBERT, VAl'� . e s :5...1 sy, .(e••. tN a♦:.r1 1 .a.tKwx Yi Cam• ♦ aea1it07��. WK�tl w.:Yi r.•i ?.CAa wx P.O_ BOX 14200 X n= CLAIM CAA0707630 SO. 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SOUTH LfAKII TAMbt1 CA Y6153 INJUAANCE COMPANY F'(-1 r l EI%17' ( 7(144",) -- $1116 -443U EMPLOYM9 NAME 1-10LI iEW 1 f" E 1112'111;1 1 01/,11 V's a1 /��� /�► 73�:1HG•1� ��!t,iA /q 7i�711w�ri )AYl CAtlOFINJURY i;11, /t13/'� CAT19NINAM9 9 (:,, ( :,u t1. Iau VML OR I E: L-f- MBER1' 5!il,1 �r ,4 9 *6tt )at0 cp btiaFtfPCON ; " -c 1'IiJL. r f F'L,13 rr,�alJ1yla rl�I yNi78 ...�.." - *pE01fi{/ I A c1J x— RAY; =,ELBQl4 -,Z:- V I5W �2 l ► :32. v 1,L< x.. - RAY W1718T VlMW!3 u I A131%1();a 1 1' l� 1kAG I Ullat i Y' C5 J. 2 :1 CID X'- RAIY THI)RAC V; 110-IN1i 1 I�61 INSURANCIL 051 C LAIN IVF;ei 9e.)1 a(3 P-RC-P;�F .,F' ). THE AhIUUIV'1' �fNCJWIy CHARGES AND PAYMENTS MADE 1,14 (s. :A 7'A r�l�tlrv'r I$$ NLIW bUl3 . I P 'THI�iRE ,CNv � IS AN UVliRl�AYI11;'%N'T- ON Youi Accouw'r AFTER STATEMENT DATE WILL �' kE'F "LI1�LJ W I I.L. 1' IL 1'$MUCU 70 r- YOU W r'rhl l 1J 7 UAYS r.�F TCR VIL REC;E 1' VE rs4YhlE.hlT tiLLtiAI� CC S I NBEE MR ItAtt LICiN1I NO. C ':";t, 711 .0. 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MMIMF MLEAGE2"M MOM DIUM IM FEE& IN A oisr- Awrk- mo= OAi7 WE R., T _ 194P 9 9 347 A FWFUBJNG SEWIM CNAI wal BE AFPM F I CHOM 10 FIETWO TIE COIR l(MCMINMIIIIIIII MTH LESS FM DM W!,ft MWMM AS OVILMIED ON NEVOW sm NO 39111111 CPI FQFURAM SEMAI on our IN t j(" PER LWE POCK -2 H i td f. 41= A (M ADOMONAL OEOFURM Aosisrmeas OM AVID umem Amfum so low Mmm Twwp* 4;- U00M ro7r.-, .6 TiTE CMW CIIIIIIIIIIIIIIIIME LAPIPERT.ALAN E. Ip, li;, 1r --'O ZAPOTAC 9' P ri 0 X A * 4 2' 00 T C4,95�."02,US PER18AS SIC INI soon VA WK NOWICE AX 'a 7 Fftl Ap. on SM OF SM" I bw md ad Vm b be km a W6 uda of ft apomtomL It I a an* cud Iff Mt A domm- adoft pub be ft bdwK --wiw be aWamed 6 L=e 6HW b St as ad aW mg be appkMt as, C2= lade aas 01 tv 0 13 OF w 4 W LASF 1E)CMI OOCOMM VOINAgE ANSUM r MIN OFOOMMOBMLUC r laws MOM ill s NI jr CM VANWJDnw4wm 4 VA `1 O. CALt.O.sEIA /90hyl TRAFFIC C01-1-151VN REPORT .A44 iall rG ia.( WwdEEOM r [nQ QEE ago ulm OLUatCatOCCYata[DOE[ 1, "a sAT TEAM i,G� .L�lre G✓ �C �;1' mELEaLEp /.iii Igoe. Z)O OIIKteae, .r;1 t•OEt MPOIMaATLOM - - earMatttt @MTWTFS lOraYT Toow++st: J /y 1 EfRwst aaTM me- OR. a ,{ _ /Yy' /t� / �tKtafsML�ft c R� '_ �YLE7 Of MO�/ W�'J♦ lJ- -1, PARTY Ow vial wwsElL sTATS CL AEa aAFm vt.a loam taAlls.ta00Elf OOIM tMEN11Wil 7T.T( I n .AAAfo crry.11 WrArtj ap f1sOAtM as eM[eA aICT• c�sT Ka ` /WA ETt1 Ita10.IT �/TMOwTf . QAT . TtAtt IYCE OlTWCII Oat Owsiaaa Or DOMIC ae it f�OT1.Y u Lf u O •.a(R ❑ ..o-a ..bNt etw.ra. t•.O.l, { , 2/ i wa...l a.ern: .w �.a nE rs a ro w.Ras�rE C.► %m OtQT Oaticaaef 11OaCis 11"Of ON OAIE.OtO AM" W,640A Tri'E "num ANct CAMaR VOLIP" NUM&GO Dog. 0-moll AL .CC Q C:::A » °a O.n Os IONSTRUrTOAr"Go""Af E Na ' 22/6 7 PARTY 2 'JRt�4Alucll.sa Ny-aaa STATS C"" LAFF" t 161 v(w.a.w MIAMI MODU t CMM ap"t.%Mtot sT.TL DIYv[ aA-( t ^RST. IOOOII, uesl ,� / } i /r /� �;•�iSTi�►/ T, %�/�.t /,o'er,/ .E O TRAIT apOtttss OWNS" ft&" EAalt ae OtEVY .AACLO GTYJjTA?gJbP O tt in s.ra Y00"s wc.. Kr I.AtR a.0 RYWR OWIWD,%M o3 &..-a swo"aft OF vatcu o- OaOaaa Or: )–for 0 to Daman LJ �� S ��irEir C--[* i -,Ort .,post [ /M/aalRfa p"c" POOR YK4404CAC 04011 . .ONE N[HR TO MA"M MK ID .Noa ed eAP.d. L[ o.. .Ot.Egl w..t EItMCIt Tv.. . {]wOa� aEWOf I.E.IO. cl TOTAL �SU.AMC[ CARtltaa .Oa,eT RAYS(tE I acc Q v.•[ or T"''" w n now .T a �E .�L�'� o C-0 WA%.TY 3 CR[v[A7ucaL.satW 00114!1 STATS ` G 3; %G. c �� CL.st C s..En mac- vEY.IAR %� LuAA,600"ICOLOa /y�G ,v�f %�0 .;C✓ Lcg^m -YYS[a s *.•(� Z�G�E'GZ1 I 3Rrva• r.Y( I AtKT. 1400La. LAET� IEOEi TR1AM TI,LJ[T POOR an DION"0..A.Lt �lAar AS SaMt�. ❑ _ /J j.// /fly /. / - ` fly . /�` �N f .A.A[O cm, sTATa. Lfa Ow..aals AOOILaA 1,41,11 All OAVaO .✓_.- cl.sT Ea S, Nrw ewt "moon wrrwE OWT.04w [Ya !/ atw . alrT = w.M '� 8 r,Z �/ Irawwwa.opVa. ONones.sor. L3 �1Et�'/•��S ❑ 6 = �'` i3 OT..a a ❑ ..o-a •-ONt arr.....ONO" . //C – e c .+on tcMD. '"m0w r ra voarar.AtLelrT trO�tA. ro l..aEwYaTA.R OAa- t" saw 051114 WOMICLS **AUk IE TV" t"'t_._ �"j TvrAl / J •�� �. AwcacAAa.ai.� rwtylrEartaa.t coca f M O. a"" ON .aOnm,.T I em0b %Iowa s++rt Ott ryaa.rat0 VES o No CWSSt PA" !lra.�M3onYti /i ♦ r~F s °� t��t(Jf CAUI°O�MA TRAFFIC COLLISION CODIN(; Dart W COaAHgfl �o �It Aalt .IIIa1.C. KIO ♦ I(� - owl,. wIt I NIp.IWq DAMAGE OwOw KuwPaoNOSaArAOI TING POSITION SAFETY EQUIPMENT EJECTED FROM VEHICLE i - AIR BAO O LOVED to t elcrnf • HFI IIFt 0 -NOT EJECTED - RI VEMCIE N • AIR BAG NOT DEPLOYED DRIVER f . FULLY EJEC TED -UNKNOWN M OTHER V • NO _ • ►ARTIALlY EJECTED FLT USED ►• "Of INEOUIRED W • YES 3 • UNKNOWN I • 06"ER t 2 3 ELT NOT USED r-SNOULDER : TO I . PASSENGERS LDER HARNESS USED LDER HARNESS NOf USED ►A35ENGfA CtiiP $E�IBNHI 4 S 5 T . STATION WAGON REAR X . NO I • REAR OCC• TAILOR VAAT SHOULDEA HARNESS USED O -1N VEHICLE USED V • YES I • POSI TION UNKNOWN SHOULDER MAANES3 8801 USED R - M YFNCLE NOT USED % 0.OTHER IVE RESTTUUNT USED 3- W VEHICLE USE UNKNOWN IVE REST:LANR "Of USED T -MI VEHICLE IMPROPER USE tl • NONE IH VEHICLE ITEMS MARKED BELOW FOLLOWED By AN AS IEFMSIL I • I SHOULD BE EXPLNNED LN THE NARRA TIYE PRIMARY COLLISION FACTOR LSST NCIHBER (A) OF PARTY AT FAULT TRAFRC COOnTIOL DEVICES 2 3 TYPE Of YElaCLE 2 3 tIOYEMENT PRECEDING COLLISION I n .T ccrtTrw "OIATET_ QI,f,� r?.�OKT>;JLS rime -imING IA: ASSEFK'u CAR: STA SOI:'wA:fvii i�SI -PED �!• CONTROLS NOT FtPIC11016MG• PASSENGf* CAR W I TAMA11 B PROCEEDING STRAIGNi I � S OTHER f"PROPER DRIVING • : CONTROLS OBSCURED LIC) MOTORCYCLE I SCOOTER IC RAN OFF ROAD NO CONTROLS PRESENT / FACTOR' PICKUP OR PANEL TRUCK ID MAKING RIGHT TURN OTHER THAN DRYER TYPE OF COLLISION E PICKIFP / PANEL TRUCK W I TRAILER I JE MAKING LEFT TURN UNKNOWN • HEAD - ON TRUCK OR TRUCK TRACTOR MAKING U TURN R rE r LL aL SIDESWIPE G T RUCK I TRUCK I RAC ?OA W r TRLR. RACKING REAR END SCHOOL. BUI SLOWING I STOPPING 1 wEATHERI MARK 1102I1EMS1 BROADStOE OfHERBus ( PASSING OTNERVIENKLE 1 A C LEAK Ht T OBJEC T j E HE RGE NC Y VE N Cif j CHANONG LAKES E3 CLOUDY OVERTURNED KM1Ga/WAY CONFST_ EOUIPMENT K PARKING MANEUVER ;C RAtMNG VEHICLE I PEOESIRIAN BICYCLE ENTERING TrAFFIC ID sNOwI "G OTHER iMOIHER VEHICLE MOTHER UNSAFE TURNING ICFOGlVISFBFLITY FT. MOTORVEHICLEINVOLVEDWITN IN PEDESTRIAN X:NG INTO OPPOSING LAXE iC OTHER • : ANON - COLLISION b WOPED PARKED ;G wI N0 Pf DE S T FTI A N P MERGING UGHnnG OTHER MOIOq vEHIGtf TRAVELING WRONG WAY 7 LIGHT MOTOR VEHICLE ON OTHER ROADWAY PARKED MOTOR VEHICLE i 2 3 OTHER ASSOCIATEDFACTORES) ( MARK L TO 2 ffEMST OTHER-: . -DAWN !C 'MK - STREET LIGHTS TRAIN A.c accwow rAVAAr+w: WAD w it) CARK • NO STREETLIGHTS BICYCLE E !E DARK- STREET LIGHTS NOT AmMAL: B.c.ICno-+.o"oft: circa I FUNCTIONING* ' RaEO O:JECT: Oro 0-0 pC Yc u�na. wotAtro-.: mro OYcs Ob i 2 3 SOBRIETY - DRUG pryy�L I MARK I TO2ITEMS I ROADWAY SURFACE i A DRY 81° =T , OTHER OB.FfcCT: )( y >( "AaNOT BEEN DRfNKMIG SNOWY -K:Y IE D I+ON OBSGUR£AENT 0 18080-UNDEROMFLUEtACE � s:PaERY E M000r. OILY. EFCJAI H90 - NOT UNDER MIFLUENCE I E NIA rTfXTKIN • ROaOWArCONdA0NI51 NBD• IMPAIRMENT UNKNOwN 1 (MARK t f011iEM51 PEDESTRIAWStbvOLVED E UNDER DRUG V LUENCIE f A NO PEDES TAtAN WV OL WED 1HEtoQa GI EAFFC �F� EN TERING f LEAVING RAMP IMPAIRMENT • PNrsiCaL ' I + A Hot £ s. DEEP RUT • CROSSING IN CROSSWALK ATINTERSECTiON 1 PREVIOUS COLLISION IMPAIRMENT NOT KNOWN I la LC>7sE aaAFERtaLONROAOWaV- UNf A&AUAR WITH ROAD NOT APPLICABLE I ,CoeSTRUGTIONONAOADWar- CAOSSINGlot CROSSWALK - NOT AT INTERSECnON DEFECAVEVlILEO'�NP.: a•r. Q.ts U-0 jSLEEPYlFATTCU£D lc) CC*- S1RUCT30N - REPAIR ZONE SPECIAL IMF ORYA TIDII I iE AEDUC£D ROADWAY WtOfw CROSSING - NOf IN CROSSWALK jl UNINVOLVED VEHICLE AHAZARDOUS MATEatAL i FLOODED IN ROAD . INCLUDES SHOIADER Ira on-oca-: 0001 W ROAD - NONE APPARENT I iH NO U+r.ISUALCONOFLION IGAPPOO&C MING9 LEAVING. SCHOOL BIAS 4 4 Jo R{NtAWAV WEINCLE SR EICH ,1� ►.SCEIIANEOY9 .1J I c; lr �/.C'l•�'''' h3'. c E /�•J1i IL INJURED 1 WITNESSES i PASSFNGFRS 0.'L OOl EYIt ri .. - EXTENT OF DLPJRY ( -r ONE) INJURED WAS "X" ONE) tMJUO(D 014.E Tly1s/�011TS0 -• :. , .wf.,tss ssEiEOe� omv , MAT s.arr CAM* qrr Uwe" aft" WON" cowls "s /w�ut• .os. E01M, a .LOAN 1 uum OtwAt or Paw OM�II *SAL Flo. EtC�ft�ir 0111[4 Q U1c T11t or v1OEpR c10E/t NOTwwo ❑ s \ x •YA ..�.OD�li7 �� - rhEq.011E tMJUO(D 014.E Tly1s/�011TS0 -• :. , T.11t11 r0: C a DE SC ms(o1J1AEi a Q U1c T11t or v1OEpR c10E/t NOTwwo ❑ s \ � ❑ n i...7 Q (� U n o w (r 0.0.IL, ADO1ds. ^ TEliw1011t Mti Vltt0 O14q rso ov- .MH1.O: O EX fML MlHO�ti ,. ❑ VIc7111 OP mOCAW doe morowo ❑" J fl fl fl fl ❑ fl fl fl❑ � C 10 '. a t, D O s. i ..DpE(yf —� G TUIP.-o"t i�NJUf1tD Of14T3 Twllq.00llo aT: r.aC>t r0: DESC A.0 .lrtiwiEi 0 f1CTW O..1otimr Comm 10TWD ❑ y b �-7 U © 0 Q V IP4JWCD i D O i. f •OOOts � TL OMC �tT t0i +: - T�4EM TO: - ^.EiC b.E WUwIES • QVK"Ad OS %WKCNT caNE mo mE 0 ❑° �� F fl fl fl fl fl fl fl Q Q �� ,µt 1 O..Doom ck i+uWE00�gi11wS.Oq .�: �.�tw LO- QMCrw oT LeOlElsf Clwt wTmEO ❑• F o lot o 1 fl 1 fl I o 10 C3 I fl .i01ti.. ti -3-.s- S� ' a� ('x", t1.Aacs Ow(,t famospowco - ib Tatty Teo Dtxua[ wat1111ti 9 .ctr a rtoaen c wa[ apnwq CfW S55 -Pa" 3 (P6M 7444M442 IT a TI OP COLOOM" 1N.1URFD / WITNFSSFS I aeQ4zz:m _ =oc n QMlfY MOIENT CO4r[ TQT1l1E0 F*"84 R O"C"w Gf MOLESR cftw @arw%O ❑" a o.A ❑ a 111 o 1 a DOA r .000ESs tEtE.r -0w[ ,"JVAEa O.l^ TMWd$*'O.TEO *T: TA44A TO: ' ❑ r.CTWOF Wlo~ COEq.oWfl1" ❑` fl fl lololfif fl 101 tiatrf : O O.l r �pp.tu TEIEF-049 +ftily Ea ONL TVMS/ORTiD ST: vo ® 1= yy----�� fl M Tw O. NcLEW CMW .o"Ma ` � I(I'lol LT � —.1 0 0 0 AOOwtfi T ELE nrOwE . r [j .ECTw OF.Quw cow#$wpm* O" o o a fl rr+f r 0.0.1 r �pO.Ea0 Ei1R,�O.El ww,.c0 o..a *fsroOEp 0r. a�rr ss: .. , �N MI{MEE! w� N E�': -- - -- - ow as of .Etc..re0to of wffwns .+ss«x. EXTENT OF VUMY (`)r ONE I *MR-ED WAS (" X" OW— ) 1O� KZ .*AVV Ocn 1tltlr aar MOEOEEi FOti p�� amm NEy 7lrt.E EatMIAIOPQt COMI,MEt -0 . wrar Owrw o"W" EMI#am ma Fist Fta srC.ewE Ofl1EO a r0.0ar000Wj . _ . O fs [� QMlfY MOIENT CO4r[ TQT1l1E0 F*"84 R O"C"w Gf MOLESR cftw @arw%O ❑" a o.A ❑ a 111 o 1 a DOA r .000ESs tEtE.r -0w[ ,"JVAEa O.l^ TMWd$*'O.TEO *T: TA44A TO: ' ❑ r.CTWOF Wlo~ COEq.oWfl1" ❑` fl fl lololfif fl 101 tiatrf : O O.l r �pp.tu TEIEF-049 +ftily Ea ONL TVMS/ORTiD ST: vo ® 1= yy----�� fl M Tw O. NcLEW CMW .o"Ma ` � I(I'lol LT � —.1 0 0 0 AOOwtfi T ELE nrOwE . r [j .ECTw OF.Quw cow#$wpm* O" o o a fl rr+f r 0.0.1 r �pO.Ea0 Ei1R,�O.El ww,.c0 o..a *fsroOEp 0r. a�rr ss: .. , �N MI{MEE! w� N E�': -/ •� - JOIV a il• t S TATE OF CALWORAM NARRATIVE/SUPPLEMENTAL GHP 5% (Row 7 -901 OPI aat GATE OF DOMEM900O NKSOi T;E P144 N= WAMEA OFFCO eei. "umKot N MWR T ONE TVVE ft"LENEWAI (7 APRCAAIE) report tsuppwmertw ❑ BA updit ❑ Fad 0 Fie and pun ❑ Feauarfta maee oh 0 sd d bus ❑ awp: . GTY COMMAACrAt 06TSICI Aft• 1 4KI� S SIEPORIM DWACTWAT CITATON NWIEN IOCATOW%A .JECT 31. PiRP %AW RAGAa WAraER 1.02 STATE ►«yMrAV rafuTEO Q Yes O w ■ E 19 i 23. a4- / vsa prwrons oRS asiM daplatsd : �" i . v snw .1 J •I � Y/ c •4r, r L • % �!E 128. 29. -- Aft• 1 4KI� S v� Nor ' �O.C� !�i / ��A [ •a /� 31. PiRP %AW RAGAa WAraER 1.02 pY�Tf RfnEwER'f M�rE D' IE / vsa prwrons oRS asiM daplatsd : �" i . v snw 5 '4TE OF MIF ft" NARRATIVE/SUPPLEMENTAL Cite S56 (Rev 7 -901 ON 00 PATE OF NCiTENT/OOGUAi>EN 1e1Ef2' NGCNIAMER X10 Nliw MuWEN TM'ESUMEW NAI f1['A1MIlC'me �amwe YCA-asim � Q 8A updale ❑ fatal ❑ M and run update ID supp emm w 00: © Hazardous matenals 0 School bus ❑ Od er: C!TYK)WNTYUU0 CtAL pf$TAICT REPORTING OISTAICTWAi C I0CAT*wSU6lECT STATE WJCHWAY AELATEO 0 Yes 1. 2. Air /�U� /� 4. s' l%w em d xW, B. l— 70-) Al2IJ /ter ,s. //I, , a l/'/' A2/07 2.0 21 'Gia t12. - /�i� Iaxf 22. /l/c•+f� 23. 1'4 25. 27. 28. 129. r 3 _ 31. ViiFPAA NAME 0010.MAWR DATA . TEtiEMElr j tYrE EYE tw Preview Odeon 00111 depasfed. _- A TE OF GA loom N AAAATI.V EISUPPLEMENTAL C 4P 956 OUv 7 -901 ONO" 7a►T+E OFOENTIOOCtIRREYCt TIME (tom C` \ .. �Z i � - I23. DER R �0 NuwlE11 1RJYiER — TIM SUPPLEMENTAL fW AWtCAR<E) CO- _ 'ArOBE KaiTawe C+ gw= report 60for O BA updaM O Faun O W and no WL-m Jo supplemenu�t r- � ;r�T 1 t O Hazardous iaommis O Schod bus O Ot or: CITYADOWTVJ1�1AL DISTA1Cf NEp'ORTrIG 06T �� STATE W01-WAY Ait ATER CiTATON gllltKq \ � 12& Of oyeso 29. rw 5. 12. � V A < < Val a, � � 1 ; 15. �- t1� � a tzl 1 E. 31. AW La a YlEmom"AIME DATE v:. eoroas wd asv+et.a. C` \ .. �Z i � - I23. — _ 1'J _ 124. Jo i � 25. r- � ;r�T 1 t --- ATE, l ��_P�•1 --. 1 ��'� A.p��� � ..i�� \ � 12& Of 29. rw 31. AW La a YlEmom"AIME DATE v:. eoroas wd asv+et.a. STATE OF CALOXXV" NARRATIVE/SUPPLEMENTAL CHP 6% (lien 7 -90) OPI Ott c. 1 OAiE OF NMENLOCCLWAK14M TWE iL2 um "Loom 1\IO MA"m i�1�R �-�•�• C25 26. 27. 28. � TIME SuM'LEWMTft r -APftC*AQ a 3i. 1 'ri OFE Narraiw Colsion I%wn Q 8A updaM ❑ Fatai O Hit and run update ❑ supplemental cam: ❑ Hazardous r+owiak ❑ SdwW tars ❑ of ow. clrmOUMTvzjuO :wOISTRICT "- AE"TW401STNCt4WAT CITATTONran sEA vCZ STATE HCpMfAYRELATED ❑ Yes Ovo 4. V fz, I-•t. 1 i f�w� .t c iy\ i C, 5. \� \� 6. �V —� OTT 7. 8. �^ Ill. 12. 14. rl 15. 16. cv. 21. iL2 23. 124 C25 26. 27. 28. 29. a 3i. 1 AW W. "La OEM GATE rE1�E1r�S MMrE � tlsl pr�wrR aOrOnf cuill deAMOd. — Tp yidf . !b as raw TrarT SOP Cfaa•ef " raer.A7 .Nees SKID -SPEED INFORMATION A �• a.Vralae i(11j.J� LOeleaaT aeCeTN. I&ccmonv save U� G3��3 7eaT eaw %Amy ROAD CONDITIONS ACCIDENT SKID DATA CENTRIFUGAL SKID *0^0 _ rw e Ma.[MOaw6 LOCK[O �Yfl{. r0 ?AL aarew" . .aa• as. ef•Vie CO.O.TION /'f 05' a.- Creee act aa�Oa /o.a T.w - e.\_ rye- efe.waea AccsarT VIL .. ai (yter, Smoke, a aor\aaT kl/ Avar ass VeeaCae \IC. ea 04Y4.. Me. rL.[ 117.1iS.Yai191l: Isol:i!FI lidlal:tI NO. MPH 1„F, w.I. a, w, R.w. LOafOta Oe TOMMTO41 OrNew OATA ' rw e y w •� � - -•. eew.Aw . ef•Vie a.e. a.aY \ta VeeaCae \IC. ea 04Y4.. Me. rL.[ ACTYAI f.a ■e OLTe CAaNaATaO aAOaf aAaiA 1. j�j M[THOO fit Or ANKf aa[AfYw[O 1e [AT.t[w(lt.wD,j Tar[ aaar Mw. *-Sao V0660 CrAOT (ee) w a tCleaMT )� 7a aT ACC.\\.T Te aT ACCNerT ft 1T T.1a 0 0 0 O ...... 07.6. Ta-A feaATA.a e7r1. wTTia`r Awrv�.a ayacaf —A .e\wT a,e. aur.0 ..e. wrfsa DRAG SLED DATA %LSD a600 ►N ll of NwT .O.r.KA C.Le ..... CO.., AeJV at ri.T •AeLe aeW f7 4e Cea...C-a.T aaee a1 T. CALCULATIONS /DIAGRAM /Cfl lEEr `/f� /�i��ES. VZ 62,5 el 30 = 73 s0 3o IC 13. t mw BLS FORMULAS EXAMPLE: CENTRIFUGAL SKIDMARK -coo 0O.awrTw.erfaaee a- cYefeMTi !- °e ��- a• fe . M, Arc r.eeae V —a•aee (r.Yl �.a— +r.e+eewaLw rw e y w •� � - -•. eew.Aw . Giv lab IRw'4W OPi 031 Ovarow fdwasm swam la 42 41 C Oa..*TraOT N CA \TrOe"YA YTOYaf AT PAT %O\ SKID -SPEED INFORMATION ACC*ea YT %YYO*O �3 ACCMCa w \OC,Ta" &col"am 0AT0 M-u3 Taal .0» _ ROAD CONDITIONS ACCIDENT SKID DATA CENTRIFUGAL SKID TT•a se.O 16409"10"m LOCttaO OYaaL TOTAL -Raw L.P. CMNO L.,. oAwoa /e..ac�e«. —de -ATa ACCIe var.0 lie., mo �g L Ow�aaT II.O. NVYeaa r. DRAG SLED DATA SLae TIa WrT •Vll afa lOwT rO,Y VLA CALCULATae COOP. AO�VaTrawT TA,La lAollolvae COIrr ICH rf f _ PULL WT. Kae T1 T. w9' 3iyMtKJLS FOOVAULAS EXAWLE: CENTRIFUGAL SKIDIMARK a /- uar..aMof av PepcTPee s -wsee M� l •—I-T � • a � t16/-00o.. s A a ......... Oe�waq /mare a.a"Ov" s- Odom* :/ • Y .- *t r Jr CHP tee Ift" 7-t on 431 rgr > Orer tD i7Ji L. F, A.V. L.R. A.O. &.04092 Oa TOM.1.T0�1 OTNa• DATA O,TV a, II.O. NVYeaa r. Var$CLa L&C aqb~. "O. YA,a •awe /re06\.. ACTUAL apace *.TO C.\Ia,.TaO ,AOA, Srawo 3. �=OO a Tom S.aaO Paer Cr.,T (Oaler! wcc$oa rT / r Acc.ea.T Taal wcc+O, rT 0 +/a•�a`T • ^, ©10—a• I—., TA•a U ■OLA T.M OTra, U fA►a {�J If�AT..a Iw VapT„ATtwa e//r�Ca,—AC IDa YT. t.O. rY rsa, Gift , ` crsr. er •"Celer w r.r %. &AO arw O•Rca, 4.0_ wwwa. N DRAG SLED DATA SLae TIa WrT •Vll afa lOwT rO,Y VLA CALCULATae COOP. AO�VaTrawT TA,La lAollolvae COIrr ICH rf f _ PULL WT. Kae T1 T. w9' 3iyMtKJLS FOOVAULAS EXAWLE: CENTRIFUGAL SKIDIMARK a /- uar..aMof av PepcTPee s -wsee M� l •—I-T � • a � t16/-00o.. s A a ......... Oe�waq /mare a.a"Ov" s- Odom* :/ • Y .- *t r Jr CHP tee Ift" 7-t on 431 rgr > Orer tD i7Ji of •Al TaNaMT IW CALMMMA rsew arAr PAVO046 AC"Oe"V am4o"a ACOWGOW 160" aee Aetaeealt hart lWasir tam MN SKID -SPEED INFORMATION of 10 ROAD CONDITIONS ACCIDENT SKID DATA CENTRIFUGAL SKID MldOtMOKee IOCK(S t1Mtt�. TOTAL ♦aetTe •[al eO NefTMY Crete l.e, 199 OF as AOt /eMt CTww ■.e, wewe/lATt ACC{etrT rt041CL6 (Yre r. XkAdio. me") lOaoe a♦ OR TFST zifi in IIUFnQUATtn►! No. w►w 1.�. R.f. 6.R, K.R. LOMORS O[TOM •TOw -- or«tw A t y �•�. •..� .., ee «rArs o T w oarA set-on rvrece 1. �tNIClt LOC. ee awlr, Me. YArt rtAe►aNet� , z. ACrY AI a►ate OA>K Cat/e•ATte •AOAw t•tt, 6,19TH00 tK1OMAKK! {YtAtVwsO RL ATM tR'�t T{rt rlNlrvr a••ee r60Y CwAeT ,, C IO NT ACCNtrT T CAC] 'A .e 11 esIAATe J OTIT TA�a IKATA.K OTMt■ IaVCll NAT /re OI.ICtt— Accloo NT �� {,e. Musa• �� COtI. M /lttTpr \ r►N a.a[o aAIO OIIICae ..•...ales• DRAG SLED DATA 114.4t0 rtNNT �Y \L aIf NNT Ioe Y""A C COa 1, ♦e/YfT YteT TAei■ AOIYtTlO COt II /C1tMf 1 TLII �T. saa• .T. CALCULATIONS /DIAGRAM chid y - %9' � /rte /mss ��lvs zc SYMBOLS FORMULAS EXAMPLE: CENTRIFUGAL SKID"RK 1— a:aeii/eweT N walacTmpe s —cre•e Mt! 1- y • c• s �� a•c r�eeAe t —t-swe J.~1 N• A t y �•�. •..� .., ee «rArs %_-, . ea ""Or r •ow uwj ast Q.asnv odoloo m at ww in 07 Af • 0 110417 -3i AJ3AD 31. Series B Tahm RESOLUTION RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF SOUTH LAKE TAHOE AUTHORIZING AND DIRECTING THE PREPARATION AND EXECUTION OF LEASE FINANCING DOCUMENTS FUNDING THE CONSTRUCTION OF FIRE STATION NO. I, AUTHORIZING THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALLY OF . CERTIFICATES OF PARTICIPATION RELATING THERETO, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS M r H RESPECT THERETO RESOLVED, by the City Council of the City of South La -e Tahoe Cai¢omia (the "City'), as follows: WHEREAS, the City, working together with the Martinez Unified School District (the. "District") and ABAG Finance Corporation (the "Corporation "), proposes to nuance the relocation of its fire station (the "Project"), as more particularly described in the hereinafter defined Lease Agreement, and it is in the public interest and for the public benefit that the City authorize and direct execution of the Lease Agreement and certain other financing documents in connection therewith; WHEREAS. Keliing. Nordtcross & Nobriga, Inc_, financial advises to the City (the "Financial Advisor "). has been directed to prepare a preliminary official smt=cnt containing information material to the offering and sale of the 1993 Certificates d- scribed 'below; and WHEREAS, the documents below specified shall be filed with the C4 Ind the members of the aty Council, with the aid of its staff, has retiewed said documents; NOW. THEREFORE, it is hereby ORDERED and DETERMINED, as follows: Section I. Certificates of Participation (ABAG 31, Series B) (the "1993 Certificates") are hereby authorized to be executed and delivered pursuant to the provisions of the Trust Agreement, - as hereinafter defined; provided, however, that the principal amount of t:"., 1993 Certificates attributable to the City shall aot exceed $750,004, the term of the 1993 Ccrtifza= relating to the City may not extend beyond July 1, 2013, and the interest rate applicable to the Certificates may not cztecd 7.5%. Section 2. Ile below- enusncrated docummats be and are hereby app wed, and the Mayor, Lhe City Manager and the Finance Director are hereby separately authorized and directed to execute said d� with such ChatTM irrscru= and art — as may be approved by such official, and d4c City Qak- is hemby audwrized and dine=d to atom to such dsrial's (a) a site and fatality lease„ relating So the site upau whiicdi the Project is to be constructed. by and between d e City, as lessor, v d the Corporation. as i•„3see- (a) a k= agromettt, rdating to principal amount of the Lzsse Agcement does not exceed $750,000, so long as the Projec % by and between the Corporation, as lessor, and the City, as lessee, so long as the term of the Lease Agreement does not extend beyond July 1, 2013, and so long as the interest rate on the principal amount of the Lease does riot exceed 7.51r (the "Lease Agreement" k (c) a trust agreement. by and among the Corporation, the City, the District and Seattle -First National Bank, as trustee (the "Trust Agreement'), relating to the financing, and the execution and delivery of the 1993 Certificates; (d) a purchase agreement, by and between the underwriter or underwriters to be identified by the Financial Advisor (the "Underwriters', the City and the District relating to the purchase by the Underwriters of the 1993 Certificates, so long as the Underwriters' discount. does not exceed !.5%, excl:,sivc of any orib:n.sl discount which does not represent compensation to the Undtrwritem Section 3. The City hereby approves the preparation of a Preliminary Official Statement describing the financing, together with any changes therein or additions thereto deemed advisable by the Mayor. the City Manager or the Finance Director. The City authorizes and directs the Finance Director, on behalf of the City, to deem "final" pursuant to Rule 15c2-12 under the Securities Exchange Act of 1934 (tire. "Rule') the Preliminary Official Statement prior to its distribution by the Underwriters. Section 4. The Underwriters, on Ic half of.theCty, are authorized and directed to cause the Preliminary Official Statement to be distributed to such investors and other persons as may be interested in purchasing the 1993 Crzfficates therein offered for sale if, in its judgment, such distribution would enhance the marketing of the 1993 Certificates. iSection S. The Mayor. the City Manager or the Finance Director are separately authorized and directed to cause the Preliminary Official Statement to be brought into the form of a final Official statemau (the "Final Official Stattrrnene) and to exeeut said Final Official Statement, dated as of the date- of the sale of the 1993 Ce.-tificates, and a statement that the facts contained in the Final Official Statement, and any supplement or amendment thereto (which shall be deemed an original part thereof for the purpose of such statement) were, at the time of sale of the 1993 Cenificates, true and correct in all material resets and that the Final Official Statement did tot, on the date of sale of the 1993 Certificatm and does not, as of the date of delivery of the 1993 Certificates, contain any untrue staten=t of a material fact with respect to the City or omit to state material facts with respect to the City required to dye stated where necessary to make any statement made therein not Mis'.eading in the light of the circumstances under which it was made. The Mayor, the City Manager or the Finance Director shad t~.ke such further actions prior to the signing of the Final Official Statement as are deemed necessary or appropriate to verify the accuracy thereof. The execution of the final Official Statement, which small include such changes and additions thereto deemed advisable by the Mayor, the City Manager or the Finance Director and such information permitted to be excluded from the Preliminary Official Statement pursuant to the Rule, shall be conclusive evidence of the approval of &.e final Official Statement by the City. SertioA b. The Final Official Sta=mcnt, when prepared, is approved for distribution in connection with tbo offering and We of do 1993 CrrrifscatcL Seuiat 7- The Mayon, cite CAy htaaW. the Finairce Mwo4 the City Ckxk and aril oOw appropriate officiak of the City are hereby authorized and there d to execute such oilier agreerneum docummu and certificates as may be necessary to effect the purposes of this resohmon and the financing hercinn authorized. L Section &. This Rew1ution dratl take effea up= its adoption by this City Council. �' is +•s�sf 1, the undersigned City Clerk of the City of South Lake Tahoe, hereby certify that the foregoing is a futl, true and correct copy of a resolution duty adopptad by the Qty Council of the City at a meeting thereof on the 28th day of June, 1993, by the following vote of the membe thereof: rs AYES, and in favor thereof: Council Members: COLE, ASTZ, KLEIN, DAVIS DU UI Q TE NOES: Council Members ABSENT: Council Members Kevin Cole, Mayor Attest: An � City Cierk� 1 19 65 �4C NAP APPRO CITY OF SOUTH LAKE TA iiOE CITY COUNCIL ON JULY 6, 1993 L Aegeie Powsoeti Ck Cyrk of the C* of Sodh WE Tahoe, CNOWlis. do hereby cw* ow this is a Irm and corned cam of ow doaNNO as it appms 0 WITUM WHEWW. i knee Iw F-afe sat wyr head sad affat d do Seel of the Ck of Soude hive Tahoe. C,afdwm L *Wb rvmrKw Cb* Date 3- r , • C7 • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -48 ESTABLISHING UNDERGROUND DISTRICT NO. 1993 -1, PINE BOULEVARD FROM STATELINE AVENUE TO SIX HUNDRED FEET' SOUTH OF PARK AVENUE A_ND PARK AVENUE FROM PT—NE BOULEVARD TO 100 FEET WEST OF HIGHWAY 50 RESOLVED by the City Council of the City of South Lake Tahoe, that; WHEREAS by Resolution No. 1993 -48 , a public hearing was caned for on July 6 , 1993, at the hour of 7:40 p . m .in the Council Chambers in the City Hall, Services and Council Chamber Center, South Lake Tahoe, California to ascertain whether the public necessity, health, safety of welfare required the removal of poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication or similar or associated service, with that certain area of the City described as the proposed Pine Boulevard from Stateline Avenue south to 600 feet south of Park Avenue and Park Avenue from Pine Boulevard to 100 feet west of Highway 50 underground utility district in South Lake Tahoe, California as outlined in Exhibit "A" attached hereto; and WHEREAS, notice of such hearing was given to all affected property owners as shown on the last equalized assessment roll and to all affected utilities, in the manner and for the time required by law; and WHEREAS, such hearing was duly and regularly held, and all interested persons were given an opportunity to be heard. WHEREAS, the City Council determined after hearing on the subject that the underground utility district herein created is in the general publics interest for the following reasons: 1. The under-grounding will be aesthetically beneficial to the area; 2. The undergrounding to be aceompiished will avoid or eliminate an unusually heavy concentration of overhead distribution facilities; and 3. When completed, the improvements will be beaeficW to the environment of the area served and surrounding area. NOW, THEREFORE, BE IT RESOLVED by the City Council and the City of South Lake Tahoe that, pursuant to City Code, Chapter 30, of the City of South Lake Tahoe, the above described area is hereby declared an underground utility district, and is designated as Underground Utility District No. 1993 -1 of the City of South Lake Tahoe attached hereto, marked Exhibit "A ", and hereby incorporated as a part of this resolution, is a map delineating the boundaries of said District: RESOLVED, FURTHER, that the City Council does hereby fix June 24, 1994 as the date on which affected property owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead Structures and the underground installation of wires and facilities for supplying electric, communication or similar or associate service within Underground Utility District No. 1993 -1 on or before October 1,1994; RESOLVED, FURTHER, that the utility which undertakes underground installation of its facilities shall use the underground conversion allocation computed pursuant to decisions of the Public Utilities Commission of the State of California for the purpose of providing to each premises in Underground Utility District No. 1993 -1 requiring it a maximum of 100 feet of individual electric service trenching and conductor (as well as backfill, paving, and conduit, if required) in an amount not to exceed $1200. Each other serving utility will provide service trenching and conductor in accordance with its tariffs on file with the California Public Utilities Commission or as required by its Franchise Agreement with the City. Each property owner in Underground Utility District No. 1993 -1 shall be sresponsible for the installation and maintenance of the conduit and termination box located on, under or within any structure on the premises served. RESOLVED, FURTHER, that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within Underground Utility District No. 1993 -1 of the adoption of this resolution within thirty (30) days after the date of such adoption. Said City Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or other similar or associated service, they or such occupant shall, by the date fined in this resolution, provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California. Such notification shall be made by mailing a copy of this resolution, together with a copy of said Ordinance Numbers 134, 178 and 248 to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. • C • Approved: Sierra Pacific Power Co. By - U D � Q E► � US �' 1 MA �!�v o © A 1 K • �� .AM•wr�R�.����1�M.M�.�.�llFwl. �w�i' ♦ -NN. M1�. r..n ...• ♦ ♦ Walb 1 1 U D � Q E► � US �' 1 MA �!�v o © A 1 CLOVER LEAFING EDiKJ 0E YARTT#lX EL Roy & im oRAXTcw PO BOX 4567 95 SOTELLO DRIVE PO BOX SV SOUTH LAKE TAHOE CA 96157 SAN FRANCISCO CA 94116 SOUTH LAKE TAHOE CA 96157 FANTASY INN H PO BOX 6008 SOUTH LAKE TAHOE CA 96157 JEANNE AND TILLOUS GRATIEN Si�LlW TAHOE CA 96157 DONALD & JEANNETTE HILL PO BOX 4283 SOUTH LAKE TAHOE CA 96157 MERRITT & CATHERAC JOHNS PO BOX 4595 SOUTH LAKE TAHOE CA 96157 SHERYL KOTZ PO BOX 105 CANYON CA 94516 HAROLD NgAA&W 7033 N CALIFORMA AVE PALO ALTO CA 9431 OSCAR GREGO PO BOX 4613 SOUTH LAKE TAHOE'GA %157 r•r : r • •r t NELLIE Allen BARW JOSEPH PO BOX 4335 SOUTH LAKE TAHOE CA 96157 SHERYL Kow PO BOX 420 SOUTH ME TV" CA 96157 r �: r• JOHN A ISABEL GALLAR00 Po Box 5826 SOUTH LAKE TAHOE CA 96157 ERIKA HERBERT PO BOX 824 SOUTH LAKE TAHOE CA 96156 FRANK AND E'VA JARRETT PO BOX 4396 SOUTH LAKE TAHOE CA 96157 KLEP KOLT PO BOX 909 ASTORIA OR 97103 LAKESIDE PARK ASSOCIATION PO BOX 4838 SOUTH LAKE TAHOE CA 96157 THMM AAD AWA PATE PO BOX 5146 SOUTH LAKE TAB CA 96157 • ..{� UX AMELlF Ppt1 : MW A�f1STFW 1�111ILEY M S 211E 13TH ST 11 1275 MEADOW CHEST ORl1L€ PO BOX 13K, SACRAMENTO CA 95818 SOUAI LAKE TAHOE CA W50 SOUTH LANE TAHOE CA 96151 RENAL 0 &CATHERNEAVELLE 9EUAl ffC0001i11QAi DPATEL 266 A&M MONTALVO 03 - 27133 BYRAE PARK WEE 966 Modesto Ave. SAN WMENTE CA 92M LOS ALTOS CA 91022 SOUTH LAKE TAHOE CA 96150-7836 MICHAEL & CARMEN BLANK MICHAEt a CARIIIEN BtAW MICHAEL & CARMEN BLANK 4139 HIGHWAY 50 883 X= ISLE CIRCLE - PO BOX 624544 SOUTH LAKE TAHOE CA 96150 HONOL11 U N 96NS SOUTH LAKE TAHOE CA 96154 CLOVER LEAFING EDiKJ 0E YARTT#lX EL Roy & im oRAXTcw PO BOX 4567 95 SOTELLO DRIVE PO BOX SV SOUTH LAKE TAHOE CA 96157 SAN FRANCISCO CA 94116 SOUTH LAKE TAHOE CA 96157 FANTASY INN H PO BOX 6008 SOUTH LAKE TAHOE CA 96157 JEANNE AND TILLOUS GRATIEN Si�LlW TAHOE CA 96157 DONALD & JEANNETTE HILL PO BOX 4283 SOUTH LAKE TAHOE CA 96157 MERRITT & CATHERAC JOHNS PO BOX 4595 SOUTH LAKE TAHOE CA 96157 SHERYL KOTZ PO BOX 105 CANYON CA 94516 HAROLD NgAA&W 7033 N CALIFORMA AVE PALO ALTO CA 9431 OSCAR GREGO PO BOX 4613 SOUTH LAKE TAHOE'GA %157 r•r : r • •r t NELLIE Allen BARW JOSEPH PO BOX 4335 SOUTH LAKE TAHOE CA 96157 SHERYL Kow PO BOX 420 SOUTH ME TV" CA 96157 r �: r• JOHN A ISABEL GALLAR00 Po Box 5826 SOUTH LAKE TAHOE CA 96157 ERIKA HERBERT PO BOX 824 SOUTH LAKE TAHOE CA 96156 FRANK AND E'VA JARRETT PO BOX 4396 SOUTH LAKE TAHOE CA 96157 KLEP KOLT PO BOX 909 ASTORIA OR 97103 LAKESIDE PARK ASSOCIATION PO BOX 4838 SOUTH LAKE TAHOE CA 96157 THMM AAD AWA PATE PO BOX 5146 SOUTH LAKE TAB CA 96157 • ..{� UX 37W Kegs A*. Sac. 817 P.0 8oa 15m sKumeaLumommm Augost 9, 1993 W. Card I Drswbnigh, Pubic Wo& DiccWd City Eng�h=- City of South Lake Tahoe 1900 Lake Tahoe BoWevard South Lake Tahoe, CA 96150 -6323 Re: City of South Lake Tahoe Rcsolution No. 199348; E AIW2ing Underground District No. 1993 -1, Pine Boakvard from SUtcline Ave= to Six Handred Fed South of Park Avenue and Park Ave = from Pine Boulevard to 100 Fccd West of Noway 50 Dew Mr. Drawbaugh: Pacific BcH concuss with the condshom and t®ms of the above and attsched Resolution ® but wdl decline the Rcsoh m document Ste, t� S. C. Dd Real Public Wmh Coordinmor 916 - 972 -6121 Attachment cc: Mr. F- I Swadsca, Regaaal Manager, Pacific Bed Mr. D. V. Bianco, Manager- F.ngiooarissg, Pacific Bell • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. X993 -49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE DECLARING CERTAIN VEHICLES AND OTHER EQUIPMENT AS SURPLUS AND DIRECTING SALE AND /OR DISPOSAL OF TIC' ITEMS WHEREAS, the below listed items have been reviewed by the Purchasing Department and found to be surplus to the safe _Tb" efficient operation of the City, and; WHEREAS, the adopted surplus policy allows for the sale to the public of such surplus. NOW, THEREFORE, the City Council declares these items'to be surplus and directs their sale or disposal in accordance with the adopted surplus sale policy. Unit No. Description EQUIPMENT 5024 1982 Clark Grader VEHICLES 1184 1987 Chevrolet Celebrity 1185 1986 Buick Century 1186 1986 Pontiac 6000 LE PASSED AND. ADOPTED by the City Council of the City of South Lake Tahoe on July 20 , 1993 by the following vote. AYES: Councilmembers MLE, OSTI, KLEIN, DAVIS & DU QUITE NOES: Councilmembers ABSENT: Councilmembers Kevin Cole, Mayor ATTEST: a WHEREAS, the operation of South Tahoe Area. Ground Express depends on such local funding, and WHEREAS, the City of South Lake Tahoe acknowledges its responsibility to set aside sufficient funds from this allocation for a STAGE triennial performance audit, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of South Lake Tahoe, that the claim for $368,503 is approved, and this body authorizes its submittal to TRPA. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a regular meeting on August 3 ,1993, by the following vote: AYES: COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES: ATTEST: MAYOR ANA LA PETERSON CITY CLERK iOHHl l I A44 WHEREAS, the established Financial Management Policy requires formal City Council Action to write of an amount owed to the City+, and- WHEREAS, .. WHEREAS, the accounts on the attached list have been subjected to many forms of collection and or are non - collectable per specific City Council policies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South Lake Tahoe that the specific receivables listed are authorized to be removed from the collection process and the Finance Department is relieved from accountability. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on August 3 , 1993 by the following vote. AYES: �_ ojmcilmembers COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES: Councilmembers ABSENT: Councilmembers Kevin Cole, Mayor ATTEST: Cary rk, (C1TY SEAL) SpU H f �( 19 } 'sbi 5:) b rFi . .i„'td' Ziz A-V)A - July 23.0 1993! *4, The following is a list of accounts receivable- yrite -offs ford Y the City Council meeting of August 3, 1993. Jack Arean .. :_: $ >>_ 90.00 .,; n, r •z Fire BLS, bad address. , -' ; . Mel Laub ... 500.0 ®, ;:�;B Fire suppression, no coverage .., Mark Blea Fire BLS, undeliverable P _. ; . , ' lBLS, r Fire bade address ` Ana Guiiew A .. Fire BLS, bad address 90.00 . a Leo VonRenn BLS Fire , bad address —140.00, f Paul Putnam Jr. Fire BLS, bad address Alice Veronda x ' n ¢ ,;�1 $ 140.00 Fire BLS, bad address ��..�.. y Linda Carr ' � $ --- 90.O0 Fire BlS, bad address Bonnie Mcf?onald '' -- -- r 90. 00 - -A.ijz 9 S Fire BLS, undeliverable /uncollectible due to ; Canadian address. Frank Moore . wt - ± ,:o .,:: ,`z.��� $ 500.00 Fire suppression fee - per Fire dept., charges, not justified:"` Waiter Lilienfield $ 90.00 Fire BLS, bad address. _ . _ Kasey Hansen $ 90.00 Fire BLS, bad address. Rudy Calderon $ 130.00 Fire BLS, made one payment, then moved with no fwd. Katherine Arbuthnot- � $ 28.00 Fire BIS, bad address. Paul Elyanow $19Q,OO�,Mrt - Fire Ni bad address.`_ _.T Donn Arko 90.00 Fire BLS, bad address. Mr. LeClair $ 140.00 _ Fire BLS, -bad address. ry -= 17 Mss.. _Misaa hi $ 140.00 Fire BLS, bad address. . Jill Blackman $ 140.00 Fire BLS, 9/91. No response. w Kaiser, No. Calif. Grp $ Fire BLS, -five customers, no coverage. "t A Kaiser, So. Calif. Grp $ 485.00 Fire BLS, four customers, no coverage _. ,,:•. Delta Benefit Plan $ 90.00 Fire BLS, no no coverage. � -� ` �� - ..� ... J - � ;q _}}..._. . _ +- Robert Koser $ 45.00 Fire inspection, billed 8/92, no response Blue Shield of CA $ 135.00 Fire BLS, medicare - no coverage. Industrial Indemnity Ins. $ 500.00 Fire suppression, no coverage. N Travelers Insurance Fire BLS, two customers, no coverage. Home Insurance Co. 500.00 Fire suppression, no coverage. y Ray Dunivent - 110. 00r ^fir Fire BLS, billed 7/92 -no response 4� $�: '� "'"" 7f u i Dennis Wobb ;rt Fire BLS, billed 7/92 -no nse repo .90.004 Teamster Trust Fund $ 110.00 Fire BLS, no coverage. -' -- Guardian Life Ins. $ 90.00 Fire BLS , billed 7/92 -no coverage ` , Blue Cross /Blue Shield $ 90..00 �.: Fire BLS, medicare no coverage.. Dairyland Insurance $ 160.00_.; ,? Fire BLS, no coverage. Prudential Insurance $ 110.00, Fire BLS, billed 7/92 - no coverage. BPS Insurance Serv. $ 110.00 -$ Fire BLS, billed 7/92 - no coverage. _ Take Care HeaitA Plan $ 90.00 Fire BLS, billed 7/92 no coverage. Alta Health Care Strategies $ 110_00 -;L` Fire BLS, billed 7/92 - no coverage._ - Blue Shield of CA $ 90.W;:- Fire BLS, medicare'- no coverage. Rose Pavoni Trust $ 60 00 Fire inspection 9/92, mail returned.. Chris Codeiuto $ 9 00 Fire BLS, insurance paid 90 %, remaining o- t wo_. r_ t. h P ursuin g. Can't get a response. ` _n - y a _ Ed Dowd S Q 0.0 -� Fire BLS, billed Kaiser 9/92 - no coverage. Don Yager a 00 Fire BLS, billed 9/920 customer on medicare but no coverage. Adrian Bahai S. 90.00 Fire BLS, billed 9192 - no response. - _ s u r-I LJ Lucy Barreras $ 110.00 Fire BLS, customer has medicare and Raiser tried both but no response. Olden Olson $, : 110.0.0 Fire BLS, mail= returned as undeliverable, Theresa Madera.' Jerrie Waymere Barr 11/92, $ 140.0 Fire BLS, billed 9/92 - no reponse."-,:- Victoria Sinclair 90.00 = - Fire BLS, billed 9/92 - no response. - _$ Desa Brown 11/92, no response: -` $ 140.00 Fire BLS, billed 9/92 - no reponse. ._^ Gary Zoktorovich Fire BLS, billed 11/92, 110.00 Eire BLS billed 9/92 - no coverage. Angela Fazzone' Theresa Madera.' Fire BLS, billed 11/92, no response.,"-- Judith Ptacek `- �n -� $r 90.00 r� Fire BLS, billed 11/92, no response: -` Moisus Mayoral $. 90.00 v Fire BLS, billed 11/92, no response:"` Angela Fazzone' $„ 110.00 v Fire BLS, billed 11/92, no reponse. - `` - Jamie Green $ 90.00 Fire BLS, billed 12/92, no response. Henry Blackwell $ 1.10. 00 Fire BLS, billed 12/92.` Medicare - no coverage ,- Bernardo Villapuda $ 110.00 ^• Fire BLS, billed 12192. No response. Anthony Johnson $ 200.00 -- J { Fire BLS, billed 1/93 out -of- state, no reponse uncollectible in court.�� _Y _... Helen Souza $ 110. {30 ; Fire BLS, billed 1/93, no response. Lusik Lakhoian $ 110.00 Fire BLS, billed 1/93, no response. o Charles Kenderussy M «$ 140.00 Fire BLS, b1l led 1/93 no �: response _ �"� ." . , t► �'': ...:.. -`� �` .,. !.?6R'i ...` a.. 3..+ i . «..mot. `Y4 1, ter' k: Karen Mullaney $ Fire BLS, b .lied 1/93, no reponse. Evy Sutton 160.00 e, Fire BLS, billed 1/93, no response.° James Owens r $ 140 .' Fire BLS, billed 2/931 no response." X00 Maria Villa $ 140.00 Fire BLS, billed 2/93, no response. Bob Normington $ 110.00 Fire BLS, billed 2/93, medicare - no coverage. Hani Ghareeb $ 140.00 Fire BLS, billed 2/93, no response. Scott Miller # $ 140.00 Fire Bls, billed 2/93, no response. American Service Life $ 140.00 Fire BLS, billed 1/92, no coverage. Raymond Carreau $ 90.00 Fire inspection, willed 5/92, sent letters, no response. Leticia Maya $ 90.00 Fire BLS, no response Bahman Kohanteb $ 140.00 Fire BLS, no response Farybor Kohanteb $ 140.00 Fire BLS, no response Navid Valafar $ 115.00 Fire BLS, no response Deborah Mooney $ 160.00 Fire BLS, no response Blue Cross /Blue Shield $ 160.00 Fire BLS, medicare, no coverage. Anita Martinelli Hazmat clean -up. 'Pursued insurance: company,, T: but coverage cancelled. Mail returned with no forwarding. Billed 8/9I So. Tahoe Public Utility Dist. ` ` at$34,6736-58 misc. overlay projects 8/91- 9/92. Reversed due to in -kind agreement with City.„ odd Bakken ... .., , �: _ ._ - , ._ ,: 2, 332 60 Nuisance abatement. Sent to EDC tax rolls 8193..; r y r V r t .� °.a /. YN LT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE DECLARING CERTAIN VEHICLES AND OTHER - EQUIPMENT AS SURPLUS AND DIRECTING SALE AND /OR DISPOSAL OF THE ITEMS WHEREAS, the below listed items have been reviewed by the Purchasing Department and found to be surplus to the safe. and- efficient operation of the City, and; WHEREAS,, the adopted surplus policy allows for the sale to the public of such surplus. NOW, THEREFORE, the City Council declares these items to be . surplus and directs their sale or disposal in accordance with the adopted surplus sale policy. ASSETS TO BE SOLD AT PUBLIC AUCTION Asset IDS Description ® 16153 Black & Decker Valve Grinding Kit 16303 Kwik -Way Value Grinder 12409 Grey Metal Desk 12338 Green Metal Desk 12714 Typewriter, IBM Selectric 12147 Steelcase Divider, Grey 12393 Trampoline (2) 12393 Chair 12358 Chair with Wheels 12360 Chair 12335 Coat Rack 12339 Desk Shell none Bookcase none 16 Channel Marine Band Radios (3) 15613 Graflex Camera with Accessories 10964 2624B HP Terminal none 2622A HP Keyboard none Modem, SIN 184753 10265 Olympia Compact S 17278 Quiet Print Sound Cover for Printer none Police Helmets (6) 15644 Office Decor Picture 14987 Office Decor Picture none Office Decor Picture Cit lerk (City Sear z 14863 Sony Video Cassette Recorder none Printer Stand none Restroon Wall- mounted Mirror 13076 Rollei Camera Flash Unit 15616 Pentex 35= Camera w /lens none Minolta 35ma Camera S/N 566396 "JUNK" ASSETS TO BE DELETED FROM INVENTORY Asset IDS Description 12763: - Wooden Chair 12405 Wooden Chair 13023 Vacuum Part 12525 Plectron Radio 12462 Vice /Hose Clamp 12487 Chair 14908 Topographical Map 14818 Projector Screen none. Canon 35mm Auto Focus Camera SIN 2077635 PASSED AND ADOPTED by the City Council of the City of South Lake; Tahoe on August 17 , 1993 by the following vote. AYES: Councilmembers COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES: Councilmembers ABSENT: Councilmembers Kevin Cole, Mayor Cit lerk (City Sear z • CITY OF SOUTH LAKE TAHOE RESOUYTIO NNOL 1993- 5 3 ACCEPTING WORK UNDER CONTRACT FOR MOTOR POOL SAND -OIL INTERCEPTOR . AT 1700 D STREET PWC 1992 -10, BID NO. 1992-18 AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION RESOLVED, by the City Council of the City of South Lake Tahoe, that: WHEREAS, the City Engineer has filed with the City Clerk the Engineer's Certificate as to ±ale c- -mple� of all w ork p: rued w, be a^ne under and Varr.:ant tc the Con�Mt between ;.�.e City and Foothill Excavating and Grading. Inc. as Contractor, dated September 16, 1992, and; WHEREAS, it appears to the satisfaction of the Council that their work under said Contract has been fully completed and done as provided in said Contract and the plans and specifications therein referred to; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED: 1. That said work be, and it is hereby, accepted by the City of South Lake Tahoe and deemed completed according to the terms and conditions of said Contract- 2. That the City Engineer be, and hereby is, directed to execute Notice of Completion of said - works as required by law_ 3. That the City Cleric be, and hereby is, directed to file for record with the County Recorder of the County of El Dorado, Notice of Completion of said works as required by law. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on August 17 , 29.U, by the following votes: AYES: Councilmembers: COLE, OSTI, KLEIN, DAVIS 8 DU QUITE NOES: Councilmembers: ABSENT: Councilmembers: ',—Mayor ATTE Qq Gerk .rte' CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993-54 APPROVING AGREEMENT BETWEEN THE CITY OF SOUTH LAKE TAHOE AND K B. FOSTER ENGINEERING, INC. FOR 12Th AND 13TH STREM EROSION CONTROL PROJECT PWC 1993-02 0118,450, RESOLVED, by the City Council of the City of South Lake Tahoe, that: RTEREAS, it is necessary that an agreement be entered into between the City of- '- - South Lake Tahoe and K B. Foster Engineering, Inc., for 12th and 13th Streets Erosion Control Project. NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED; that 1. The City Council of the City of South Lake Tahoe hereby approves the agreement between the City of South Lake Tahoe and K B. Foster Engineering, Inc. 2. The City hereby authorizes execution of said agreement by the Mayor, a copy of which is attached hereto and incorporated herein. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on August 17 .19 93 . by the following votes: AYES: jncflmpmbers: COLE, OSTI, KLEIN, DAVIS & DU QUITE 4 1• ff.•If�- ATTEST. City Clerk 1H fq. .z.. � }� 19 i 65 • i i WMAF�IPUJAP =20".2 • • fit CALIF ORNIA `NEVADA e 0 oQp� o 4 •o .r9 z � _ . . �' • - ' �. i � � � ;( � � � j ' � J ` _ . . �' • - ' 1 ;. 0 0 RESOLUTION APPROVING AND AUTHORIZING MAYOR TO EXECUTE AGREEMENT BETWEEN THE CITY OF SOUTH LAKE TAHOE AND STATE OF CALIFORNIA, CALIFORNIA TAHOE CONSERVANCY FOR LAKE CHRISTOPHER/COLD CREEK EROSION CONTROL AND RESTORATION PROJECT, PWC 1990 -03 CTA NO. 3001 RESOLVED, by the City Council of the City of South Lake Tahoe that. WHEREAS, it is necessary that an agreement be entered into between the City of South Lake Tahoe and the State of California, California Tahoe Conservancy, for Lake Christopher/Cold Creek Erosion Control and Restoration Project. NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that; 1. The City Council of the City of South Lake Tahoe hereby approves the agreement between the City of South Lake Tahoe and the State of California, California Tahoe Conservancy; 2. The City hereby authorizes execution of said agreement by the Mayor, a copy of which is attached hereto and incorporated herein. PASSED AND ADOPTED City Council of the City of South Lake Tahoe on August 17 19 93 by the following votes: AYES: Councilmembers COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES: Councilmembers ABSENT: Councilmembers c � i 19 65 APRM RALPH NR 99t Q cr IZA LPN R1S HER /COLD CREEK OSION CONTROL r ° ND RESTORATION PROJ T Q EA CREST DR EW)A A HINQUAPINDQ crrr HANK MONK AV �J?� • • i� O,Q WS OE THOMPSON c 1C�4 QLF LAKE C9&ISTOPHER 3 2 PRCJ &ECT S1 t v I v 0 - f soe0l o tit nT +Ari Ta/- "OEHHA►R TR" �y mu �G 01 VIKING W �Q 60, { ��,� LA r r (� W m a 01 N D m m Z3 v Rt Gq ROJECT SITE - . ..vA`•.r i - s. �.w►+., ti..rw... -. \,N . ,�f�•.Mr.•NiWr'.•M \w. �{K rn � •� i POR. S V2 SW I/ 2 2, T12N., R.18E•, M.D•M T.. Arm Cad. 25- 1 i P09 jl i /w.+� r+lwatwr r r II: CNr 6Af11r�.►y[MUC _» I CrAr 1 Ir'M'ra'• r r �r rr �r .r .•. �rrr., "'r'!�"" NWrM1� •�+�1r•welreM�r rwr��r10/1."'rrr�rr�+r r-�� r r �wr. fir H'1l1 MfW P27 44 ♦ I� l' fir, S. r�� P �l J 1 1 ♦ rf !14 ^� 140A rr�..w«._ L... rr�r �+ rrr •.rr�,\ '1 i ' , • 1r4 81 4?. l A I/\ 1 a I co P, 1,91 A R43 ♦ i� VIA+ ' +•, `t 1 i ` A A /r f +v 11 aRliror►ICR '�� Ot•eA (JO/ ,� X �, m m P09 ! / 70- 11 Aa#mv'I A400 #A, to .rj-M r ....rte_.. .... ...,.,_._....... .. _ .. .. _... »......�.....r. +►• � .......�.rr... '�i • is 0 'M, er CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993-56 RESOLUTION APPROVING STATE -LOCAL ENTITY MASTER AGREEMENT NO. SLTPP -5398 BETWEEN THE CII'Y OF SOUTH LAKE TAHOE AND STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION �WIEREAS, State -Local Entity Master Agreement No. SLTPP -5398 v: iih the -'� State of California Department of Transportation which provides funds for roadway construction projects of the State -Local Transportation Partnership Program (Streets and Highways Code Section 2600 et seq) has been prepared and has been reviewed by the Council; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of South Lake Tahoe, that said agreement is approved and hereby authorizes execution of said agreement by the Mayor. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on August 17 1993 by the following vote: AYES: Councilmembers COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES: Councilmembers ABSENT: Councilmembers ATTEST ,..,. 212 Mayor Kevin Cole • WHEREAS, this resolution is to confirm the "Statement of Costs to be Assessed" dated June 30, 1992 from Public Works Director. The tree removal was Performed by a professional service June 30, 1992 on APN 23- 502 -421; and WHEREAS, the statement of costs were confirmed at the Zoning Administrator Hearing of August 19, 1992; and WHEREAS, notice of said statement of costs and date of public hearing was mailed certified to the property owner of record August 5, 1992; and WHEREAS, the Public Works Director made a determination that the hazardous tree required a summary nuisance abatement in June 1992 and performed accordingly; and WHEREAS, the Pchhc Works Department contacted the property owner by phone prior to abatement of the tree, but she stated she could not take care of the situation in a timely manner. NOW, THEREFORE, BE IT RESOLVED that: 1. The Statement of Costs shall constitute a special assessment against this property and a personal obligation against the property owner and a lien on this property until paid 2. The Statement of Costs shall be entered on the rolls of El Dorado County as a special assessment. PASSED AND ADOPTED by the CITY COUNCIL of the City of South Lake Tahoe on the 1 7th day of Au q, i g t 19A3 . by the foIlowing vote: AYES:, Countz7memberg COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES: WHEREAS, the City of South Lake Tahoe has submitted to the California Department of Transportation two applications which have been determined by staff to be incomplete; and WHEREAS, information completing those applications has been requested by Caltrans staff in resolution form; and WHEREAS, the City of South Lake Tahoe in accepting the grants understands and accepts its obligations under the Uniform Relocation Assistance and Real Property Acquisition Policies Act Chapter 16.7260 -7277 regarding right of way appraisals; and WHEREAS, the property to be acquired is not now occupied, and has not been used Sfor any business purpose in the last four years. The City Attorney advises that no person or organization is now eligible or can become eligible for relocation benefits of any type as a result of that passage of time; and WHEREAS, resolutions requesting and accepting transfer of applicant status have previously been adopted in TRPA resolution 93 -5 and South Lake Tahoe Resolution 1993 -40 and are attached hereto for reference; and WHEREAS, the right hand turn lane portion of the project has been modified and requires only $25,000 which has been approved for funding by the City through its capital improvement fund; and WHEREAS, costs identified for preconstruction work, including preliminary engineering, preiiminary architectural work, and environmental studies, have been shown to remain within the CTC's 5% maximum; and WHEREAS, the delay in approval of this project will result in all costs being moved €onward to subsequent fiscal years because of the limited construction season in Souk Lake Tahoe, and said revised Ptokd Schedule and Project Cash Flow Expenditure Plans have been wised to reflect those changes and are attached here6x and r+g WHEREAS, REA S, more specific details on the bus shelter cannot be presented to the CTC until plans are drawn, the City of South Lake Tahoe can provide assurance that the design of the bus shelter will be reviewed by the City's Architectural Review Committee for consistency with City design guidelines; and ;x WHEREAS, the ticketormformation center proposed within the project will only be used for the sale of local transit fares and information pertaining thereto, and that all fare box recovery is currently and will continue to be collected to offset the costs of providing said local transit, and that no "profit" will be realized by either the City or its contracted transit operator; and WHEREAS, in accordance with state and federal mandates, all facilities will be accessible to the disabled; and WHEREAS, encouraging the use of bicycles and other alternative modes of transit is a priority for the City of South Lake Tahoe; and WHEREAS, current STAGE buses are fitted with bicycle racks, the proposed transfer facility will include bicycle racks and storage lockers; and WHEREAS, the City has provided to Caltrans staff letters from both the El Dorado County Environmental Health Department and Lahontan Regional Water Quality Control Board verifying that soil and water samples from the site have been reviewed and closure status has been granted and the State is held harmless; NOW THEREFORE BE IT RESOLVED by the City of South lake Tahoe, that the City affirms its commitment to directly apply for and implement projects under the CATIA Non -Urban County Transit Project program. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a regular meeting on August i i , 1993 by the following vote: AYES: COLE, ©STI, KLEIN, DAVIS & DU QUITE NOES: ABSENT: ATTEST. ��}IH Ang Peterson = i citytkrk 19 _ 65 _ Z4.,� , e 1: Z: �0"7 MAYOR • • • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE AMENDING THE ADOPTED 1992193 FISCAL YEAR CAPITAL IMPROVEMENT FUND BUDGET POR TRANSFER OF FUNDS FROM THE REDEVELOPMENT AGENCY CAPITAL IMPROVEMENT FUND IN THE AMOUNT OF $300,000 FOR CONSTRUCTION OF THE NEW FIRE STATION NO. 1 : v... ..,.. WHEREAS, the City desires to amend the 1992193 Fiscal Year Adopted CIP Budget for receipt of money from the Redevelopment Agency for relocation and construction of Fire Station No. 1; and WHEREAS. Staff recommends the adjustment summarized below (see Attachment A for detailed changes); INCREASE ADJUSTMENT: AMOUNT: Transfer In $300,000 DECREASE ADJUSTMENT: AMOLNF Fund Balance $300,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South Lake Tahoe that the budget amendments to the 1992/93 Fiscal Year CIP Budget are kieby approved. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe On August } 7 . 1993 by the following vote. AYES: Councilmembers COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES: Councilmernbers ABSENT: Councilmembers Kevin Cole, Mayor WHEREAS, it is necessary and desirable that a commission be appointed to provide community input concerning the operations. maintenance, and use of the fake Tahoe Airport pending completion of the Airport Master Plan; and thereafter: WHEREAS, the Airport is a vital factor in both the economy of fake Tahoe and the protection of the take Tahoe environment; and WHEREAS. the City Council desires to appoint such a commission under the terms herein ® set forth; IT fS NOW THEREFORE RESOLVED BY THE COUNCIL. OF THE CITY OF SOUTH LAKE TAHOE THAT: 1. There is hereby created the Lake Tahoe Airport Commission consisting of five members. 2. Applications for seats with expired terms shall be solicited in accordance with the Maddy Act The term of office shag be four (4) years. 3. Each Commission member shag be a resident of the City of South take Tahoe and domiciled #ierein. Loss of such residency or domicile shall be deemed a resignation by operation of law. 4. The City Council shall by majority vote appoint one of its members to act as liaison So the CoauWssioa. The Council 6aisoo strap attend, to the maximum extent practicable, all meetings of the Commission_ In the event of schedule conflict, an alternative Counc4member may be designated as liaison. 5. The Coa�o shall meet at feast quarterly at a time and place wiithHn the City by foe Qm r. The rag" meesing of the Commmsion shall be on the second Thursday of the first moa* of each calendar quarter at 730 pm. Special meetings and workshops may be canted at any sine by she Chair, the Airport Director. or a majority of the Commission in accordance with she terms of the Bime Act. 6. The City Council may from time to time establish compensation for Commissioners in such amount as the Council may deem reasonable and provide for reimbursement of travel and other incidental expenses incurred by Commissioners. 7. The Airport Director or designee shall serve as secretary and staff to the Commssion and shall provide such administrative and clerical support as may be required for the efficient conduct of the business of the Commission. 8. The Commission shall have the power to establish its own rules of procedure and operation and to select from its members a Chair and Vice Chair, provided however, that all actions of the Commission shall be subject to the provisions of the Ralph M. Brown Act and all Commissioners shall be required to comply with the Fair Political Practices Act and the City ordinance implementing said act with regard to City commissions. 9. No Commission member shad be the holder or beneficiary of any Airport concession, lease or other entitlement of the employee, agent, officer, or subcontractor of any such person or business entity. This prohibition shall not apply, however, to any person or business entity where the only interest involved is in the lease of an individual tie -down or hangar space for his or her personal aircraft. I'D. The Commission shall have the following jurisdiction: a. Establishment of policies corxceming on and off Airport advertising and promotion and coordination with visitor promotion agencies concerning any such advertising or promotion. b. Make recommendations to the City Council concerning execution by the City of alb contracts, leases, concession agreements, and other entitlements for commercial use which are proposed at the take Tahoe Airport. Provided. however, that the City Manager or his/her designee may execute, without Council or Commission review, hangarage and/or $5,000 or less short term revenue producing agreements under the policies previously established by the Council for such agreements. c- Review and recommendation to the City Council concerning any award of bid or contract for professional services for Airport construction or development. d. Establishment of policies concerning the obtaining and implementation of additional commercial air service and general aviation facilities. e. Conducting of an annual review of all Airport rates and charges and the making of recommendations to the City Council concerning the increase or decrease thereof. f. Periodic review of the Airport Master Plan and the Master Ian Settlement Agreement including oversight of the implementation thereof, review of capital improvement; piaaoing, alternative financing sources for Airport facilities and operations, and coordmawa w4h odw govemmentaf agencies having jur on over the Airport. I* • 0 RESOLVED, by the City Council of the City of South Lake Tahoe that; WHEREAS, this claim against the City of South Lake Tahoe was filed August 6, 1993 by David L. DeVore on behalf of Jeffrey Benson in the amount of $10,711.31 for damage to the claimant's Jeep Cherokee and fair market value of his motorcycle; AND WHEREAS, said claim is based upon the allegations set forth in these materials identified collectively as "Exhibit A ", a copy of which is attached hereto; AND WHEREAS, it is the recommendation of the City Attorney and the Deputy Risk Manager that the above claim should be denied by action of the City Council on the basis that there is no City, liability; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED THAT: Upon consideration and review of all currently available information, the City Council rejects the claim of David L. Devore attorney for Jeffrey Benson. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on September 7 , 1993 by the following vote: AYES: NOES: ABSTAIN Councilmembers Cole, Klein, Davis & Du Quite Councilmembers Councilmembers Osti OR FELGMAN, SKAW 6 DEVORE LCSL+C J- OAM►W` - A LAW C GIRPORATION ""jWMA Orr7cc LCWWS IS. Ki0TAOf! P"Ir Orr" px 1439 rqaQ; PL�Iw PIZQF�SS.IQNAL WILONp awv +a 4- acvwwc eC-erw tout, wcvwpw 6A4.4 CAT"ClMMz I— CnCA*41LR* &3&.l~w5LC T^*soc gQULCVt,4")L SYITC I r[LfPIK+wC t .S".53M JpSCP" w. V" A,SOA+ OCOORAM A >pALIAM 30VTat RAKE rAMOE, CAIIFORNIA 46i50.7IOA 1tLCPaaOaC {4161 SA�']731 KCASC Re7�6Y TOCA.W*It"A OrrICL aw/o srKarsr -. w D «evAOA pTRCC %4 Slaw OAA or CAIIOOAA w3am 4W Umft FAK 1416:1 S41 -51 +2 CS*AI[ AM4"A'6 rA vftW %Am . August 4,.1993 - aa n C E VV E D'"-" . City Clerk City of South Lake Tahoe AUG 0.6 1993 1052 Tata Lane South Lake Tahoe, CA. 96150 CITY CLERK'S DEPARTMENT CITY OF SOUTH LAKE TAHOE Re: Claim of Jeffrey Benson Dear Sir /Madam Enclosed please find the claim of Jeffrey Benson. Please be advised that a similar claim has been filed with the State of California and the County of E1 Dorado. Sincerely, FELDMAN, SHAW & DeVORE A Law Corporation By Jena Graham Secretary to David L. DeVore J9 Enclosure TO: THE CITY OF SOUTH LAKE TAHOE JEFFREY BENSON hereby makes claim against the City of South Lake Tahoe for the sum of $10,711.31 and makes the following statements in support of the claim: 1. Claimant's address is 904 W. 7th Street, 1104, Reno; Nevada, 89503: 2. Notices concerning the claim should be sent to David L. ` DeVore, Feldman, Shaw & DeVore, 2311 Lake Tahoe Boulevard, Suite 1, South lake Tahoe, California 96150. 3. City of South Lake Tahoe agency and employees involved: South Lake Tahoe Police Department, and it's employees, Scott Heng, Terry Daniels, and Tom Conner. 4. The circumstances giving rise to this claim are as follows: a. On July 2, 1992 claimant was arrested and charged with violation of Health and Safety Code sections 11351 and 11359. A, criminal complaint charging those violations was filed shortly thereafter and the case prosecuted until conclusion by order of dismissal of said charges on April 23, 1993. The order of dismissal followed a ruling by the Superior Court that the evidence seized in the case was unlawfully obtained and the Court ordered all of such evidence suppressed. Attached as Exhibits A and B are the Order Suppressing Evidence and the Order Dismissing the Action. b. At the time of claimant's arrest numerous items of'' his personal property were seized and the subject of non- judicial forfeiture proceedings. Following the dismissal of the criminal FELMQAN. SHAW & arvolm A law CI00FV"'VMM - 2311 LuK TANK boot"•w0. 1 err t SOUTH L SM T"OW- CALiOOMM *43SO TOLWW OK 49148 S44a731 Paz 49100 $41 -S142 charges claimant, through counsel, moved for an order of the Superior Court for the return of all of such property, and such order was issued by the Superior Court on June.. 21, 1993. Attached as Exhibit C is a copy of the Order for Return of Property. C. Thereafter defendant, by and through counsel, attempted to secure the return of the property as ordered by the Superior Court_:. All items of the property were- returned with the �. exception of a 1985 Harley Davidson motorcycle, VIN PHDIBBL18FY023680. Claimant has been informed that at the time of it's seizure, the motorcycle was towed and impounded at the direction of the involved law enforcement officers, and thereafter sold by the towing /impound company for unpaid towing and storage charges. Another item of property ordered returned to defendant was his 1988 Jeep Cherokee automobile,_ California License 12TNW531. Said automobile was returned to defendant, however in a damaged and defective condition as a consequence of it's apparent neglect and storage without protection for a period of nearly one year. Damage to the vehicle included caved in roof, damaged and deteriorated paint, trim, and accessories. Attached as Exhibits D and E are copies of estimates of the value of the motorcycle and of the cost of repairs to the Jeep. d. The public employees - causing the claimant's injuries were law enforcement officers assigned to a narcotics enforcement team known- as SLEDNET (an acronym for South Lake El,Dorado Narcotics Enforcement Team), and consisted of the following: Z. William G. Miller, supervising agent, employed FELDMAN. SHAW 2 & DEVORE +a &AW Qo"Pe"760" T. PL&YA P"W=90cwwL •laG. 2111 L SC T.rR 90uLCv^eIq, Svac q VGUW -0«6 49146 u4 -2731 FAX ,#!1411 S41 -3141 by the Bureau of Narcotics Enforcement, State of California. 2. Scott Heng, employed by the City of South Lake Tahoe Police Department. 3. Terry Daniels, employed by the City of South Lake Tahoe Police Department: 4. Tom Conner, employed by the City of South Lake Tahoe -,Police Department. 5. Dean Irwin, employed by the County of E1 Dorado Sheriff's Department. 6. Leslie Lovell, employed by the County of E1 Dorado'Sheriff's Department. 7. Robert Dougherty, employed by the County of E1 Dorado Sheriff's Department: 5. The claim as of the date of this claim is the sum of $10,711.31, comprised of $3,711.31 in damage to the Cherokee vehicle and $7,000.00 as fair market value of the motorcycle. (See Exhibits D and E) 6. The claim as of the date of this claim is in an amount that would place it in the jurisdiction of the Municipal Court. DATED: LA 1393 FELDMAN, SHAW & DeVORE A Law Corporation B �—.. Y David L. DeVore Attorneys for Claimant ® FF_ DMAN_ SHAW 3 ar DEVORE T"PM h+sa 1-010MOOMMAL 9kADG. 2311 LAM[ TA"M 4100LJ WAXS. SWT9 f SOUTH LAKE TA4806. GAL 1FORNIA *6130 V4*A wowL 44tH 544.373t FAX 41"60 541 -3142 • • 5 6 IN THE SUPERIOR COURT OF THE STATE OF_CALIFORNIA, 7 IN AND FOR THE COUNTY OF EL DORADO SOUTH LAKE TAHOE SESSION 9 , I© THE PEOPLE OF THE STATE ) CASE NO. SR92 -0124 OF CALIFORNIA, ) 1I ) RULING ON DEFENDANT'S Plaintiff, ) MOTION TO SUPPRESS 12 ) VS. ) 13 ) JEFFREY BENSON, ) 1 Defendant_ ) 15 ) 16 INTRODUCTION 17 This involves a search of the Defendant's residence after the Ig police gain entrance by using a method they refer to as "knock and 29 talk." Although the routine has variations, its basic method is 20 to approach a citizen suspected of drug use or trafficking, 21 informing him or her that the police have had a report that he or 22 she is involved with drugs and that the police simply want to check 23 out the information. It is a sophisticated approach designed to 24 ingratiate the police to the suspect by assuring his that he has 2S nothing to fear, even if he is in possession of a wall quantity, 26 of contraband. As the police explain, unless the suspect is the 27 Z t� � s - EXhi3 ij . • 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 . 27 28 1 "French Connection," he will not be arrested, even if he is in 2 possession of an amount of contraband consistent with per use. 3 Based on this introduction to a suspect, the police assure him E that he looks like a regular good guy, and they are sure that as .y. v a citizen he will not object to their search of his premises.Y This is a "knock and talk" case and the issues are as follows: 1 Whether the police gained lawful (consensual) ) entrance into the Defendant's residence. 2) Whether the police at some point before the search had the obligation to advise the Defendant of his Miranda rights. 3) Whether or not the evidence supports the fact the police had permission to conduct a warrantless search �•. of the residence. WAS THE ENTRANCE OF THE POLICE CONSENSUAL? Contrary to the argument of defense counsel, it is not clear that the police used deceit to gain entrance to the Defendant's residence. The police told the Defendant that they had received information from the Secret Witness Program that narcotics trafficking was going on in the area of his residence. In an attempt to demonstrate the police lied to the Defendant, counsel tried to demonstrate that a discrepancy existed between the police information the po a had received and the information they told :he Defendant. The Court does not believe that counsel demonstrated deceit on the part of the police. Furthermore, even if the police had used a ruse or outright' deceit to gain entrance, as long as the 2 • n • 5, 6 8 9 10 1l 121 131 I41 15 16 17 18 19 21 22 23 ID THE POLICE HAVE THE OBLIGATION TO ADVIS THE DEFENL' NT OE 1113 MIRANDA RIGHTS? The encounter of the police with the Defendant was tape recorded; that tape recording, had been,, transcribed. The transcription clearly indicates the police told the Defendant they had a secret witness tip that led them to believe the Defendant might be involved in drug trafficking. It can be argued that information they had did not single out the Defendant or his (residence but, rather, it included him along with residents of two Ior three other neighboring properties. 1 Based upon the above information, one could argue that the Defendant was not a prime suspect and that even though the policel certainly used systematic interrogation they were not obliged to advise the Defendant of his rights. It could further be argued that he was not restrained of his liberty or in custody, and, therefore, there was no obligation for the police to advise him of his rights. This latter point will be examined later. In addition to telling the Defendant that they had a secret witness tip, the police inferred that they had enough information to seek a search warrant from a magistrate. They made it clear if they did that, they would not just ^take a look around," but would 24 call in *additional troops' that would "look in nooks and 2� crannies.' Clearly, by page 11 of the transript, when Officer 26 Lovell tells the Defendant that just by looking in his eyes he 27 3 28 _ C7 i 4 s 8 9 10, 11 12 13 14 15; 16 17 18 19 20 21 22 23 24 25 26 . 27 28 could tell that contraband was present in the residence, the police had not only concluded the Defendant was a prime suspect, but had informed him of that fact also. The issue as indicated above, then, becomes whether the Defendant was in custody. The answer to that question is yes. Not only did the police, by their questioning, make it cleat that they were not lea%ing without some consequence being placed on the Defendant, they made it crystal clear that he was not in control of his own residence. The choices given to the Defendant were not those that a citizen not under arrest enjoys. He, in; essence, was told to either give the police permission to look around or the "troops" would be called in to execute a search warrant. Before admitting that he was in possession of contraband and giving the police permission to search his residence, the police had twice denied the Defendant's friends the right to be present in his house. Both Todd and Michael were told to leave until the police were through. In denying the Defendant the right to break off the engagement until a search had been conducted with or without a search warrant, and in denying the Defendant the right to answer his own front door, and in ordering the Defendant's friends to leave, the police exercised custody over the Defendant. The police, having admitted by their statements and conduct that the Defendant was a prime suspect; having engaged in a systematic interrogation aimed at lulling him into incriminating 4 0 • 8 9 10 11 12l 13 14 15, 16� 17' 18 19 20 21 22 23 24 27 28 ,c ■�a� = + +y ++ria nim in custody by exercising control over the Defendant 3 and his residence, had the obligation to advise. him of his I constitutional rights per Miranda. 1 pIQ THE POLICE HAVE PERMISSION TO CONDUCT A WARRANTLESS SEARCH OF THE DEFENDANT'S RESIDENCE? The police, having failed to properly advise the Defendant of his right to remain silent per Miranda, could not rely, on the Defendant's admission that he possessed contraband to justify their search.' Further, the Defendant denied that he would have given the police permission to search had he known of his right to remain silent and his right to refuse; therefore, it cannot be said that This consent to search was voluntary. The Court finds that after the second visitor, Michael, was tasked to leave, the Defendant was in custody and anything that he said thereafter and prior to being advised of his rights by the police is not admissible. Further, the Court finds that the Defendant's consent to search was not voluntary. Without more evidence, the Court cannot tell if the contraband would inevitably have been discovered pursuant to a search warrant because the Court is not privy to the information the police Possessed. One can surmise that when Officer Reng arrived he had further information that would justify the issuance of a search 'I warrant, but the record is silent as to what that information was. Without more information, the Court is compelled to suppress the evidence obtained in the search. If the People can demonstrate that the police had information that would have provided sufficient 5 E I information in an affidavit to support a search warrant they thei . 2 may be able to prevail under the, doctrine of inevitability 3 Without that information, the Court is com Pe fled to suppress th6 4 evidence; in any event, statements of the Defendant, made after ht 5 was in custody, y, i.e., after the second visitor, Michael was sent , _ 6 awa„v by the police, are not admissible at 1. Dated: _ ..... - .. R _ .._. 8 ENCE M. Y 9 dqe of the Superior Sirt. 10 11 12 13 14 16 17 - 19 20 21 , 22 23 24 25 26 27 2$ THE PEOPLE OF THE STATE OF COUNSEL: CALIFORNIA, District Attorney• a Of f ic4 vs. JEFFREY ROBERT BENSON DAVID L. DeVOR£. F"Q. O Public Defender's Office KINUTE ORDER ACTION NO. SR92 -0124 HEARING RE: FURTHER PROCEEDING Defendant (A present ( ) not present ( ) in custody. ( ) Defendant's appearance waived. (A ��e�tE =t��Qti� Deputy Probation Officer, present. �U(5U0.1�-f {'� :!'�'t t�. 1� utl�"i� � -mt� � 1`� <�•� - �.�ol- ric...� � t n�o�MO-1' `� r i. David L. DeVore, Esq. , 049376 2 FELDHAN, SHAW i DeVORE -3 A Law Corporation 3 Tahoe Plaza Professional Building. 2311 Lake Tahoe Boulevard, Suite 1 MjtMHALIXIM 4 South Lake Tahoe, CA 95705 '"' •~ •� 916/544 -3731 (Telephone) 5 916/541 -5142 (Fax) 6 Attorneys for Defendant 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF EL DORADO 10 SOUTH LAKE TAHOE SESSION 11 THE PEOPLE OF THE STATE ) CASE NO. SR92 -0124 u 0 12 OF CALIFORNIA, ) O ° 1 o _ } c „own 13 Plaintiff, } NOTICE OF MOTION AND MOTION °O: �� ) FOR RETURN OF PROPERTY C J v O �4 Lis• ) ° o ° 15 JEFFREY BENSON, } Hearing Date: Ars 19 R 3 Time: c10 Defendant. ) Dept.: 3 J <<J i6 � L J � O _ Z f z n ] 1 O 18 TO: DISTRICT ATTORNEY, COUNTY OF EL DORADO: 19 NOTICE IS HEREBY GIVEN that on , 1993 at 20 a.m., or as soon thereafter as the matter may be heard, in 21 Department 3 of the above - entitled Court, defendant JEFFREY 22 BENSON will move the Court for an order that there be returned to 23 him and his attorney David L. DeVore all non - contraband property 24 seized and taken in connection with and as a consequence of his 25 arrest which occurred on or about July 2, 1992. 26 Such property includes but is not limited to a 1960 Cessna 29 airplane, 1988 Jeep Cherokee automobile, a 1985 Harley Davidsom 281 motorcycle, United States currency in the sum of $4,511.00, ` MIAIT r` l firearms and firears cases /containers, personak papers and 2 documents, and containers of such personal papers and documents.. 3 This Motion will be made on the ground that Defendant's 4 Motion to Suppress Evidence in the above- entitled action has been 5 granted, the action has been dismissed, no lawful basis exists 6 for the continued retention of said property, and that Plaintiff 7 is entitled by law to its return. g The Motion will be based on this Notice, the attached' .,. 9 Memorandum of Points and Authorities, the attached Declaration of 10 David L. DeVore, the pleadings and records on file in this 11 action, and all other evidence which may be presented at the _ z ° -„ 12 hearing. o 13 DATED: June , 1993 FELDMAN, SHAW & DeVORE zc'monn A Law Corporation ` Z ; < f n C O J 1.% n _ e 14 LI 15 I.E J 7 = Y 16 BV David L. DeVore J J 4 Attorneys "or Defendant - zn3 17 O 18 19 20 21 22 23 24 25 26 27 2B DLCLARATTOX OF DAVID L. DOTORa Ig SUppoRT OF TIIZ X0TJQX rOR RUUM OF PROEERTX I, DAVID L. DeVORE,,declare: 1. I am the attorney for the Defendant in the above - entitled action. 2'. On March 10, 1993, this Court entered an Order suppressing evidence obtained as a result of investigation by local law enforcement agents which resulted in the arrest and prosecution of Defendant in the above - entitled action. Thereafter on April 23, 1990, the Court entered it's Order of dismissal bf the action against Defendant. 3. Seized from Defendant in connection with his arrest and this action, in addition to certain items of contraband, were numerous items of non - contraband including but not limited to those items described in the attached inventory/evidence sheets which formed a part the police reports in this action. 4.' Notwithstanding the Court's Order of suppression of evidence and subsequent dismissal of the action, the, non- contraband property owned by the Defendant has remained in the custody of law enforcement agents and no reason exists for its continued retention against the interests of Defendant, of the lawful owner of said property. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of �� l at South Lake Tahoe, California. DAVID . DeVORE Q TIQI! or JatIREY MAY90 �r y IN 0 MAT Or -!M IOR RETURN of PROPERTY I, JEFFREY BENSON, declare: 1. I an the Defendant in the above - entitled action_ 2. At the time of and immediately following say arrest on July 2, 1992, seized from my home in South Lake Tahoe, California. and my airplane hanger at the Carson City Airport in Carson City,`',: Nevada, the following non- contraband personal property: L"a". 1960 Cessna airplane, model 182C, serial number 52716N8816T and personal property contained therein, including documents relating to the airplane; 1985 Harley Davidson motorcycle, VIN IHDIBBL18FY023680, and parts of and for said motorcycle; One metal box of- miscellaneous personal papers, including documents relating to the airplane mentioned above; One Remington model 700, 30.06 rifle, serial number B6807897; SS Ue- One Remington model 870 pump shotgun (12 ga.), serial number W693348M and soft case; One wood stream model gun case; g One Calico model K -100, .22 caliber rifle, serial number 005130; 6 !J U.S. currency in the sum of $4,1511.00; ( i.) 1988 Jeep Cherokee automobile, California license 2TNW531, and personal property contained therein including a set of Ping (copper) golf clubs, bag, and JVC CD player; (D- Cardboard box of miscellaneous personal papers and documents; 0 r� DOne belt for and containing shotgun shells: A UPS bag of miscellaneous documents and personal' papers. Each and every item of property listed above was and is my own personal property, with the exception of certain which have been assigned to my. attorney, David L. Devore, for and /or in lieu of attorney's fees owed by me to him. Said items include each firearm noted above, gun case noted above,- the belt containing shotgun shells noted above (Paragraph 2, items d, e, f, g and k) and, from the currency the sum of $2,500.00_ -� I request the return of each of those items of personal property to me and, to the extent covered by assignment to my attorney, to him. On March 10, 1993 I declare under penalty of perjury under the laws of the State of California that the foregoing is true, and correct. Executed this day of k �i " 19 at South Lake Tahoe, California - t �S ids r' j-1. 3EF Kt--a 1 David L. DeVore. Esq. 049378 FELDMAN, SHAW & DeVORE L � �2 A Law Co rpo ra t ion Tahoe Plaza Professional Building 3 2311 Lake Tahoe Boulevard, Suite 1 jUN Z 1 X993 South Lake Tahoe, CA 95705 4 916/544 -3732 (Telephone) D�RS4���.� :.'i�[ 916/541 -5142 (Fax) 5 Attorneys for Defendant 6 7 9 10 11 u • w z_o n 12 � � O 13 :z�NOn� C V r o C U> 14 n 15 16 C n h ^� 17 h p 18 19 20 21 22 23 24, IN THE SUPERIOR COURT CF THE STATE OF �^AZ,iF'CRi:in` IN AND FOR THE COUNTY OF EL DORADO. SOUTH LAKE TAHOE SESSION THE PEOPLE OF THE STATE ), CASE NO. SR92 -0124 OF CALIFORNIA, } Plaintiff, } ORDER FOR RETURN OF PROPERTY VS. } ) JEFFREY BENSON, ) Defendant. 1) 7 The Court having been notified by the District Attorney that there would be no opposition to defendant's notion for return of property, good cause appearing, IT IS HEREBY ORDERED that each and every item of property described in the motion filed herein on June 9, 1993,, be released and returned to defendant and his attorney as requested in that motion. Delivery of property shah occur on or before June 23, 1993. 25 DATED: JuneAf 1993 fFIRFMCF M FILET 26 JUDGE OF THE SUPERIOR DOURr 27 28 GWIRIT t' To whom it may concern: RE: 1985 Harley- Davidson Model FXEF88 Fat Bob The approximate market value of the above vehicle vith 14,000` miles is $7,000.00. arold E. Evans President, Harley- Davidson of Reno DAMAGE REPORT # 5248 by KELLY Date 06 -22 -1993 Tiad 18_14 Date Written106 -22 -93 Customer Information Vehicle Information Name : JEFF BENSON Hake : 1987 A;4C /JEEP EAGLE JEER CHEROKEE W.N( Address Style : 4 DOOR Cty,St,Zp - - License Nome rhone 702 - ' - S2y -�6o "3 work ser # DESCRIPTION EST PRICE i LABOR .� PAINT -4 -- - -- - BODY 28.5 59.00 0.4 0.5 � NEW LOWCR GRILLE FILLER PA.'tEI. � 2 NEW L FENDER PA m 190.00 1.7 @ 3 REFINISH L FENDER MME 0.00 BODY MAT. 0_S 4 Naw ROOF PANEL 170.00 18.0 40.00 5 nEw ROOT RACx SLAT 18.50 0.2 ELECTRICA 6 NEW ROOF RACK SLAT 18.50 0.2 0.00 7 NEW ROOF RACK SLAT 18.50 0.2 0.0 8 NEW ROOF RACK CROSS RAIL INSERT 3.10 0.00 USED PTS. 9 NEW ROOF RACK CROSS RAIL INSERT 3.10 0.0 @ 10 NEW ROOF RACK CROSS RAIL INSERT 3.10 FREIGHT 0.00 11 NEW ROOF RACK SLAT PAD 6.25 @ 40.00 12 NZw ROOT RACK SLAr PAD 5_25 0.00,' _ ... 13 NEW ROOF RAcK SLAT PAD _ 6.25 40.00 0.00 14 NEW READLINER - 0.00`' 1.9 _ 15 NEW R QTR GLASS STATIONARY W /STRIP 27.00 8.00 SUBLET 16 New R STRIPE TAPE FENDER 17 Ntu L sTRIPe TePE rem= 15.50 7.75 0.2 18 NEW R STRIPE TAPE FRONT POOR 17.50 0.2 0.2 1,094.50 19 ]NEW L STRIPE Mtn r&MT DOOR 17.50 8.2 20 NEW a STRIPE Twee QuARTER PANEL 17.50 0.2 21 NEW L STRIPE TAPE QUARTER PANEL 17.50 0.2 22 NEW STRIPE TAPE LirrrATC 17.50 0.2 23 REPAIR REAR 6ITCL SOCKET _ 0.5 Tax 24 REPISIss COKPLeTE Err RIOR 28.0 25 TWO sTACE 6.0 26 roux SAND AND surr To NAT+C8 FACTORY arrunz 4.0 PAINT 35.0 @ 40.00 1400.00 PARTS 640.30,. - BODY 28.5 @ 40.00 1140.00 PAINT MAT. 400.00 XECH 0.0 @ 44.00 0.00 BODY MAT. 19.20 FRAME 0.0 @ 40.00 0.00 HAZARD WSTE 35.0!!- ELECTRICA 0.0 @ 45.00 0.00 TOWING 0.00 DETAIL 0.0 @ 40.00 0.00 USED PTS. 0.00 BDY -S 0.0 @ 40.00 0.00 FREIGHT 0.00 GLASS 0.0 @ 40.00 0.00 STORAGE 0.00,' OVERHEAD 0.0 @ 40.00 0.00 ALIGNNNT 0.00`' IMPORT 0.0 @ 40.00 8.00 SUBLET 0.00 63.5 Labor brs. Items 1,094.50 Labor 2,540.00 subtotal 3,634.50 Tax .81 Graw Total $3,711.31 ................... Fart Prices subject to Immodcs, ........... «....«.. This Dseayo Report is based ear oar inspectiae and dams sot Meer additional pacts or labor %A c6 =V be ra*alrsd after tie -ork has bean started- After the vork has started, ere Ow damaged parts w6iei ,arm ant awidem as lixot imepactAgN& mow be discovered. Naturally this damage rspaet cansat c,"r each MowLisgwaies. Pacts +class "6jsat to elempa wittaft sotic- Thiz :fie rePDM is foe immediate acceptance. DAMAGE REPORT autbarized �CN18f� � 1] Resolution No. 1993 -62 Work Under Contract For Saddle Road&erling Court Erosion Control Project PWC 1992.06, Bid 1\'0.1993-03 and Duvcting City Engineer to File Notice of Completion RESOLVED, by the City Council of the City of South Lake Tahoe, that: WHEREAS, the City Engineer has filed with the City Clerk the Engineers, Certificate as to iue completion of all worm provided to be done under and pursuant to the Contract between the City and White Rock Construction, as Contractor, dated August 3, 1993, and; WHEREAS, it appears to the satisfaction of the Council that the work under said Contract has been fully completed and done as pro-zded in said Contract and the plans and specifications therein referred to; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED, 1. That said work be, and it is hereby, accepted by the City of South Lake Tahoe and deemed completed according to the terms and conditions of said Contract- 2. That the City Engineer be, and hereby is, directed to execute Notice of Completion of said work as required by law. 3. That the City Clerk be, and hereby is, directed to file for record with the County Recorder of the County of El Dorado, Notice of Completion of said work as required by law. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on September 7, 1993 by the following votes: AYES: Councilmembem- COLE, OSTI, KLEIN, DAVIS A DO QUITE NOES: Councilmembers- ABSENT: Councilmembers- Maw Attest: (C' Seal i �a 19 65 '-qL 1FORN�P CITY OF SOUTH LAKE TAHOE RESOLUTION NO, 1993 -53 A RESOLUTION SUMMARILY VACATING THE UNPAVED PORTION OF HERBERT AVENUE (Th MU,E .'ICI *iITY OF SPRUCE A «!VE , AS A PUBLIC RIGHT -OF -WAY RESOLVED, by the City Council of the City of South Lake Tahoe, that: WHEREAS, the City of South Lake Tahoe has recognized a severe shortage of affordable housing to serve the community and has expressed its support of development of new affordable housing projects within the City; and WHEREAS, the City Council, at its January 7, 1992 meeting, expressed its support of a specific affordable housing project to be developed by Pam Development. which requires the abandonment of the unpaved portion of Herbert Avenue; and WHEREAS, City departments and local utility companies have reviewed the proposed abandonment and have indicated no opposition provided the following utility easement is retained: uth Tahoe Public Utilitv District 'Excepting and reserving therefrom pursuant to the provisions of Section 8340 of the Streets and Highways Code and for the benefit of the South Tahoe Public Utility District,the permanent easement and the right at any time or from time to time to construct, maintain, operate, replace, remove. and renew sanitary sewers, storm drains, water lines, and appurtenant . structures, including access and the right to keep the property free from inflammable materials and wood growth, and otherwise protect the same from all hazards, in, upon, over and across that portion of Herbert Avenue in the City of South La ioe Tahoe herein abandoned_"; and W PIEAS, Section B331 et seq. of the California Streets and Highways Code provides that any excess right -of -way which has been impassable for vehicular traffic for a period of five consecutive years and for which no public funds have been expended for maintenance of such right- of -rray may be summarily ® vacated; and WHEREAS, the public has had opportunity to comment concerning the Pam Development project and the abandonment of the.- Herbert -Venue right -of -way through a public hearing process held before the City Planning Commission and previous meetings of the City Council; NOW, THEREFORE, the City Council of the City of South Lake Tahoe does hereby order the vacation of that portion of the Herbert Avenue right -of -way identified in Exhibits •A• and •B° hereto, to come effective upon the iSS::arace Gf a building, permit by the City of South Lake Tahoe to Pam Development in connection with it development of the site as an affordable housing project, and subsequent recordation of this Resolution. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on September 7 by the following vote: AYES: Councilmembers Cole, Osti-, Davis & Du Quite NOES: Councilmembers ABSTAIN Councilmembers Klein Mayor ATTEST City Clerk } 19 - y 6 C`4 IFORN�p U EXHIBIT 'A• LEGAL DESCRIPTION (Unpaved Portion of Herbert Avenue Right -of -Way to he Abandoned) All that portion of Lot 3 of Section 2, Township 12 North, Range 18 East, M.D.B. & M., more particularly described as follows: BEGINNING at a point on the Northwesterly boundary of Spruce Avenue from which the Northwest corner of said Lot 3 bears North 400 53' 20" West 531.35 feet and North 890 13' 48' West 87.97 feet; thence from said point of beginning North 40.0 53` 20' West 100.00 feet; thence on a curve to the right on an arc of 240.96 feet radius of 281:75 feet the Chord of which bears North 160 23' 200 West 233.68 feet; thence North 080 06' 400 East 199.23;. thence on a curve to the left on an arc of 398.20 feet radius of 2,114.07 feet the Chord of which bears North 050 36' 39" East 184.45 feet; thence South 400 48` 15" East 71.21 feet; thence on a curve to the right on an arc of 137.57 feet a radius of 2,164.07 feet the chord of which bears South 060 174 26' West 137.34 feet; thence South 080 064 40" West 199.23 feet; thence on a curve to the left on an arc of 198.20 feet a radius of 231.75 feet the Chord of which bears South 160 23' 20" East 192.23 feet; thence South 400 53, 20" East 300.04 feet to the Northwesterly boundary of said Spruce Avenue; thence along said boundary South 490 09' 08" West 50.00 feet to the point of beginning. : -- EXHIBIT "Bil S40 °48' 15'E 7121 FEET L= 198.20 FEES R= 2114.07 FEET �= 50 22' 18' L= 137.57 FEET ��i-- R=2164.07 FEET A= 3° 38' Jr SCALE 1 =100° N 890 13' 48" W 87.97 FEET W L= 240.96 FEET m co R= 281.75 O 0 cu LOT 3 4= 49° 00' 03' Z w $ �J SECTION 2 m TRAC 2 mo s0 70o s" L= 198.20 FEET j. 7L R= 231.75 FEET TRACT 11 ti ��° +� 5'��p`' EXHIBIT "B" CITY OF SOUTH LAKE TAHOE RESOUMONNO. 1993-64 ACCEPTING WORK UNDER CONTRACT FOR LAKEVIEW AVENUE DRAINAGE AND EROSION CONTROL PROJECT PWC 1993-06, BB} NO. 1993-02 AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION RESOLVED, by the City Council of the City of South Lake Tahoe, that: WHEREAS, the City Engineer has filed with the City Clerk the Engineer's Certificate as to the completion of all work provided to be done under and pursuant to the Contract between the City and Spinella -Beer, as Contractor, dated August 3, 1993, and; WHEREAS, it appears to the satisfaction of the Council that their work under said Contract has been fully completed and done as provided in said Contract and the plans and specifications therein referred to; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED. 1. That said work be, and it is hereby, accepted by the City of South Lake Tahoe and deemed completed according to the terms and conditions of said Contract. ® 2. That the City Engineer be, and hereby is, directed to execute Notice of Completion of said works as required by law. 3. That the City CIerk be, and hereby is, directed to file for record with the County Recorder of the County of El Dorado, Notice of Completion of said works as required by law. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe. on September 21 lg L3, by the following votes: AYES: Councilmembers: COLE, OSTI, KLEIN. DAVIS i DU QUITE NOES: Councilmembers: ABSENT: Councilmembers: Mayor ATTEST: Ci p1�1N _ s 19 65 Q'. 1 114:0 "Rill RESOLUTION NO, 1993 -6 5 A RESOLUTION AUTHORMING THE SUBMFITAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; THE E.XECLrTIO-N OF A STANDARD AGREEMENT IF SELECTED FOR SUCH RJNDING AND ANY AMENDMENTS THERETO; AND RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIP PROGRAM. sJM, A. The City of South Lake Tahoe, a political subdivision of the State of California, wishes to apply for and receive an allocation of funds through the Home Investment Partnership Program (hereinafter referred to as "HOME"); and B. The California Department of Housing and Community Development (hereinafter referred to as the "Department") has issued a Notice of Funding Available for the HOME program and is authorized to approve funding allocations which will be made available _directly through the US Department of Housing and Urban Development (HUD) to be used for the purposes set forth in Title H of the Cranston - Gonzalez National Affordable Housing Act of 1990, the implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and Title 25 of the California Code of Regulations commencing with section 8200; and C. The City of South Lake Tahoe wishes to submit an application to obtain from the department an allocation of HOME funds; IT IS NOW THEREFORE RESOLVED THAT: I The City of South Lake Tahoe shall submit to the department an application to participate in the HOME program in response to the NOFA issued on July 30, 1993, which will request a fug allocation of $300.000 to operate a'ky wide ov+oer- occupied housing rthabilittion program. I If the applikatioa for fiinfiin is approved, tic Cky of South Lake Tahoe barLy agrees to use the HOME foeds for cFsggie ac kwities in the nanner pwscoted in die application as approved by the Departncat and in aoocxndarme with wgdwxms card above_ It also may exocate any and aB adwr instruments necessary or required by the Department or HUD for pars aapa6wi tin HOME. 3. The City of South Lake Tahoe authorizes the (sty Manager to execute in the name of the City of South Lake Tahoe, the application, the Standard Agreetner and all other documents required by the Department or HUD for participation in the HOME program, and any amendments thereto. Fvrthermore, the City Manager is authorized to execute in the name of the City of South Lake Tahoe any agreements the City may enter into for contractual services that derive from participation in the HOME program and any amendments thereto. 4. As per the terms of the Memorandum of Understanding between the City Council and the South Tahoe Heusirg Aulhar y (Exhibit 1), the S(rsth T.h= H^.. i:.5 _:... Authority shall administer this grant for the City of South Cake Tahoe. PASSED AND ADOPTED this 2Ist day of September 1993, by the following vote: AYES: Council members COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES: Council members ABSTAIN: Council members ® ABSENT: Council members Mayor ATTEST: 19 65 • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE AND THE SOUTH TAHOE HOUSING AUTHORTiY This 14emorandum of Understanding is entered info ibis 6th day of April 1993, by and between the CTTY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE, hereinafter referred to as "city'% and the SOUTH TAHOE HOUSING AUTHORITY, (hereinafter referred to as "Housing Authority "). This Memorandum of Understanding is entered into to authorize the Housing Authority to administer all housing programs for the City, including the CDBG, HOME and any other City, State and Federal housing program. The Housing Authority will have the same responsibility in administering housing programs as if it were the City, however, subject to the provisions of this agreement, the City shall be responsible for the activities of the Authority for purposes of grant application and administration. A. Staff The Housing Authority shall make available all staff necessary to administer housing programs. However, whenever possible, all grant applications submitted by the City or the Housing Authority shall provide funds for administration, in order to offset program costs attributable to the City's participation in any such housing program. B. Funds All housing funds received by the City, either through direct allocation or repayment of program income to operate housing programs, will be placed in separate revenue accounts within the Housing Authority budget, in accordance with all applicable regulations stated by the funding source. Any expenditure of housing funds shall only be in accordance with the agreements the City has entered into for the use of the funds. The Housing Authority will be induded in the annual audit of the City, m accordance with the requirements of Single Audit Act. 0 C Hold Harmless The Housing Authority shall indemnify, defend, and hold harmless the City from any claim, suit, cause of action, or liability which arises from its performance of, or failure to perform, the terms and conditions of this agreement Any such indemnity shall not extend to the active negligence of the City, if any, during Authority's contract performance. D. Repeal This Memorandum of Understanding repeals the previous MOU between the City and the Housing Authority entered into on December 15, 1992, solely for administering the HOME Program. E Duration This Memorandum of Understanding shall remain in full force and effect until either party derides to discontinue it, with or without cause. Either party may terminate this Memorandum of Understanding upon thirty (30) days written notice to the other party at its regular business address. C May Approved as to Form: &Atttrorney/Housing Crabb Authority Legal Counsel Attest: `' • 1 • TM 1 • J HOUSING AUTHORITY Chair t• Ang+eta petersoa• Cdr aerk or the CdY of SOUth lake Tatm, C*darn+a. do hereby cwWY that thm is a true aad correct cagy of the doc troa as A appears s_ of rzc=,d in --4 -:5= SN i7ii�: z t*:! i= 2�OF, I h<Ye h^_mnta set OW. hand and j the Sea! of t�e Cull of Sores ;aloe Taooe• Caaifo:ai& n CWrk Dar - r4IMI-1. 19 f5 HOME INVES" ENT PARTNERSHIP PROGFWM (HOME) 193 SUMMARY OF APPLICATION PUBLIC HEARING • SEPTEMBER 212 1993 HOME ACTIVITIES TO BE FUNDED: The City of South Lake Tahoe is requesting that the South Lake Tahoe City Council approve for submission to the. State of California, Department of Housing and Community Development, an application for HOME funds of $3oo,OW for the purpose of: ACTIVI'T'Y ONE: Housing Rehabilitation Program 5295,000 Program Administration S 15.000 Total HOW Funding $3001,000 LOCAL MATCH AND LEVERAGE AND COMMUTNTIY SUPPORT: LOCAL MATCH The HOB program requires a 25% match on all HOME funds, except the five percent (5%) allocated for administration. This means 25% of $285,00(} or $71,250. Sources of match 41 permitted by the Sate are cash match for the loan pool only. At this time City Staff propose the following sources for match. The South Tahoe Redevelopment Agency will provide cash match for th.-, following activities: Tax Increment Funds for Rehabilitation Program Loan Pool: $71,250 Total Contribution: $711,250 LOCAL LEVERAGE The State's HOME Program provides only five ' -cent of the grant amount to cover program implementation costs. Additional monies are needed to implement a rehabilitation program. Pro-ram implementation costs cover: programs marketing, loan processing, bid processing, constmetion supervisiom and any additional Consultant services needed to implement the program. Rural California Housing Corporation has reviewed the costs of running a program for the City and has agreed to implement the program for the fee given below. The South Tahoe Redevelopment Agewy will provide the fo>lowittg le,,emge fa Program administration: Tax increment Funds for Program implementation: $30,000 The Housing Authority of South Lake Tahoe will provide General Administrative services for the grant consisting of meeting all special conditions of Standard Agreement before pmgram starts and doing all fiscal and progress reporting during program implementation: 1n -kind contribution (Staff Time) for Genemal Admi.- szation: S S,{� Total Leverage Contribution: $331000 The City is attempting to leverage additional funds from various federal, state and loci sources for the rehabilitation program activities which would total $16,440. These funds would come £noru several local appraisers and title companies that have been contacted and asked to reduce fees for HOME related services. A commitment letter has been secured from Project Go, the weatherization agency, and a commitment letter has been requested from Meeks Building Center. Lastly severdl local termite control companies have submitted letters of wumitment and the Tahoe Regional Planning Agency has committed to waving all permit fees. INCOME LIMITS FOR ALL PARTICIPANTS IN TBIESE PROGRAMS- All participants in the Rehabilitation Program must rent have annual incomes above 80% of the county median, adjusted for family size. The following chart reflects the income guidelines for all HOME participants. Number of Persons 1 2 3 4 S 6 7 8 Very Low- income $14,900 $17,050 $19,150 $21,300 $23,000 $24,700 $26,400 528,100 Low- income $23,850 $27,250 $30,650 $34,100 $36,800 $39,550 542.250 $45,000 OUTLINE OF HOME REHABILITATION PROGRAM: The City of South Lake Tahoe's receady adopted housing .cicment states in the Goals, Policies, and Objectives section that a Goal of the City wifl be, "To provide a wing Supply of affordable bousing to meet needs of existing and &uxe _ Tice rehabilitation activity in this aPpke= dea=suates the City's c to that goal. The HO1E rehabilitation program help to address the City's affordable housing �ssucs. • The City will conduct the rehab program city -w-ide so all qualified residents of South Lake Tahoe can have a chance to participate. City staff decided to have the program city -wide baste on the Housing Condition Reped cucupleted this sptingrsummer which showed tint 3$* of the units w-ithio the city limits could use some type of rehabilitatiou. The large number of units needing rehab grill make the City's application more competitive. GOALS: Rehabilitate 15 units: Loans for approximately 6 units needing minor rehab, 9 needing moderate rehab and I needing major rehab. PROGRAM ADINi12NISTRATION (5* HOME): S 15,000 PROGRAM ADMINISTRATION (CITY MATCH): S 30,000 GENERAL ADMNISTRATION (CrFY MATCH): S 5,000 HOME LOAN, POOL: $ 280,000 CUY LLATCHING FUNDS FOR LOAN POOL: S 7/21250 RELOCATION FUNDS: 5.000 TOTAL COST OF PROGRA.NC $407450 The following sources of leverage for this program will also be included (if the HOME program allows all of them): Program Income: S I" Sweat Equity 4.000 Total: 6,080 The Program Income represents payment on loar,.c from this program, and the sweat equity figure represents savings gained from participants who provide part of the labor for the work on their property. 0, 3 LOAN *MR..MS Maximum Loan Amount The maximum HOME loan amount for reh"tadon is 535,000 per housing unit. Leveraged funds may be employed to coven rehab costs that exceed these maximum HOME amounts. The loan amount consists of tine follosxing elements: the construction contract (the accepted bid price for the cost of materials and laborl- a construction contingency; draftip. and engineering fees, if any; appraisal and Wxmite inspection charges, credit report; permit fees; . Site preparation f aCe .. . p l orl �rtent h*��n*�g; a.^.d lo.:.�z �,rocess:.:g :ees, ',� :.Cb irrl{; ec�roW closing and recording fees, one year pr OMW harard and/or flood insurance premiums (if necessary), and title report and title insurance, title updates and/or related cost. A borrower may not he eligible to receive the maximum loan amount listed above if then- is not sufficient equity in the property to secure the loan. Rates and Terms A- O I.W -Ckcu ants 1) ICON- ELDERLY &: hO.T- PELMAINT2NTLX DISABLED OWNT- R- OCCUPAN7: To the extent that', the amortized loan payment will not cause housing .costs to exceed -10% of household income, rehab costs will be financed as a 3 %. 5 year amortized Ioan. ('The minimum amortized loan payment will be $40.00 to cover cost of loan processing.) The balance of the rehab costs will be financed as a 3 %, 5 year deferred payment loan. After 5 years, what the amortized loan is paid off, household in.^ome and housing expenses will be reevaluated The balance owed on the deferred payment loans will be amortized (3%, 5 years) to the extent that the amortized loan payment wtU Dot cause housing cost to ex=d 30% of bousehold income. The balance will be financed as a 3%, 5 year deferred payment loan. This five year reevaluation process will continue until the borrower no longer lives in the home or until the loan is paid o Loans are also due upon transf'er of title or when borrower no longer occupies the home as hisibeyr principal te9denm The loan may be doe if the borrower fails to maintain requimd frm insuraaw or falls 0 pay ply rates. 4 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LADE TAHOE ESTABLISHING THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 1993/94 IN THE AMOUNT OF $27,065,324.00 WHEREAS, Article XIIIB of the California Constitution and Section 7910 of the Government Code of the State of California provide that the governing body of each jurisdiction shall by resolution establish its appropriation limit for the following fiscal year; and WHEREAS, Proposition 111 approved in November 1990 now requires that the limit be calculated using new growth factors; and WHEREAS, the City Council has reviewed the appropriate growth factors and does hereby choose the population growth within E1 Dorado County to better reflect the average daily population; and WHEREAS, documentation used in determination of the appropriation limit has been available to the public since September 2, 1993, in the Finance Department, meeting the required fifteen (15) day period for public inspection as required by law; and WHEREAS, the Council of the City of South Lake Tahoe now desires to adopt said appropriation limit, NOW THEREFORE, BE IT RESOLVED by the Council of the City of South Lake Tahoe that the appropriation limit for the 1993/94 fiscal year is established as being $27,065,324.00. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on September 21 , 1993 by the following vote. AYES: Councilmembers COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES: Councilmembers ABSENT: Councilmembers ATTEST: City Clerk (CITY S Yn s4 19 65 i �. .4 j .. � .. . 1 � j I .. r � 1• A - �_ �` I r � is CITY OF SOUTH LAKE TAHOE RESOLUTION N0. 1993 -66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE ESTABLISHING THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 1993/94 IN THE AMOUNT OF $27,065,324.00 WHEREAS, Article XIIIB of the California Constitution and Section 7910 of the Government Code of the State of California provide that the governing body of each jurisdiction shall by resolution establish its appropriation limit for the following fiscal year; and WHEREAS, Proposition 111 approved in November 1990 now requires that the limit be calculated using new growth factors; and WHEREAS, the City Council has reviewed the appropriate growth factors and does hereby choose the population growth within El Dorado County to better reflect the average daily population; and WHEREAS, documentation used in determination of the appropriation limit has been available to the public since September 2, 1993, in the Finance Department, meeting the required fifteen (15) day period for public inspection as required by law; and WHEREAS, the Council of the City of South Lake Tahoe now desires to adopt said appropriation limit, NOW THEREFORE, BE IT RESOLVED by the Council of the City of South Lake Tahoe that the appropriation limit for the 1993/94 fiscal year is established as being $27,065,324.O0. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on September 24 , 1993 by the following vote. AYES: Councilmembers COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES: Councilmembers. ABSENT: Councilmembers Cole, Mayor El 40 CITY OF SOU'T'H LAKE TAHOE RESOLUTION NO. 1993-67 DECLARING SURPLUS EQUIPMENT WHEREAS, the City of South Lake Tahoe is in the process of acquiring four new buses, and WHEREAS, the acquisition of said new buses will cause three 1981 Gilligs and two 1987 Ford Champion buses to become surplus, and WHEREAS, a buyer has been found for the three Gilligs, and WHEREAS, the funding from selling the buses is necessary to match federal grant money for the acquisition of the four new buses, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of South Lake Tahoe, that the aforementioned buses be declared surplus and available for sale. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe .at a regulation meeting on September 21, 1993, by the following vote: AYES COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES ABSTAIN MAYOR � y AT'T'EST: S� ;R t AN C PETERSON 19 55 C LERK • • • C rY OF SOUTH LAKE TAHOE RESOT.[rrm m 1993 -68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE AMENDING THE ADOPTED 1992/93 FISCAL YEAR BUDGET FOR ACTUARY STUDY AND VALUATION OF RETIRED MEDICAL BENEFITS PROGRAM IN THE AMOUNT OF $10.000 WHEREAS, the City desires to amend the 1992/93 Fiscal Year Adopted Budget for a study of the retired medical benefits program to determine future expected costs and establish the required liability; and WHEREAS, Staff recommends the adjustment summarized below (see Attachment A for detailed changes); INCREASE ADJUSTMENT: AMOUNT: Personnel Contractual Services $10,000 DECREASE ADJUSTMENT: _ AMOUNT General Fund Contingency $10,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South Lake Tahoe that the budget amendments to the 1992193 Fiscal Year Budget are hereby approved_ PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on September 2 1993 by the following vote_ AYES: Cxmcihwmbers COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES: Councilmembers ABSENT: Councilmembers Kevin Cole, Mayor n . ,.fa�.�,i�:a�......sa..-° . �S+ F... �a. e- fi�....a."�- �- :�ks:�1-3�G^�a: °pro �.�'"���_•w"-t�ihr `-`-:i _:_.. Attachment A DATE: September 13,1993 REQUEST FOR BUDGET ADJUSTMENT REQUESTING DEPARTMENT: General Service - Personnel Division INCREASE ADJUSTMENT {CREDFTZ: Account Number Title of Account Amount 001- 4Wi701 -61 14 Contra-c..ia1 Services $10,000 DECREASE ADJUSTMENT (DEBM Account Number Title of Account Amount 001-400-7000-6911 General Contingency $10,000 DETAILED REASONS FOR BUDGET ADJUSTMENT: Fund study and valuation of future liability under retired medical benefit plan as part of a full cost disclosure policy to help in making budget decisions_ APPROVED FOR ADOPTION: y Date Date Gj/-2,3 3 A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND EXECUTION OF A GRANT AGREEMENT FROM THE PLANNLNGfMCtD4CAL ASSIST.A.NCE .AL!.00ATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WHEREAS, the Housing Element of the General Plan states a need for the development and implementation of a housing rehabilitation program for low income residents; and WHEREAS, 1990 census data reviled that only 37% of the houses in the City are owner occupied; and ' WHEREAS, the City is in need of additional funds to implement all of its affordable housing programs outline by the Housing Study Group and incorporated into the Housing Element~ NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe does hereby adopt the following: Section 1. The City Council has reviewed and hereby approves an application for up to $30,000 for the following activities to benefit the Targeted Income Group: Development of Large Apartment Rehabilitation Program, City Wide, $15,000 Development of First Time Home Buyer Program, City Wide, $8,000 Prepare Funding Applications, City Wide, $7,000 Swim 3• 'te Csy Council has acviewed die Crtizea Fsctiriion Plea for Compliance with Co�daal Stale and has detamioad &K *is pin was followed for the development of this a4. n U • Section The City Manager is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application including any agreements the City may enter into for contractual services. Section . If the application is approved, the City Manager is authorized to enter into and sign the grant agreement and any subsequent amendments with the State of California for the purpose of this grant. Section 6. As per the terms of the Memorandum of Understanding between the City Council and the South Tahoe Housing Authority (Exhibit 1), the South Tahoe Housing Authority shall administer this grant for the City of South Lake Tahoe_ PASSED AND ADOPTED this 21st day of September 1993, by the following vote. AYES: Council members COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES: Council members ABSTAIN. Council members ABSENT: Council members ATTEST: Mayor This Memorandum of Understanding is entered into this 6th day of April 1993, by and between the CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE, hereinafter refereed to as 'City"), and the SOUTH TAHOE HOUSING AUTHORITY, (hereinafter referred to as "Housing Authority"). This Memorandum of Understanding is entered into to authorize the Housing Authority to administer all housing programs for the City, including the CDBG, HOME and any other City, State and Federal housing program. The Housing Authority will have the same responsibility in administering housing programs as if it were the City, however, subject to the provisions of this agreement, the City shall be responsible for the activities of the Authority for purposes of grant application and administration. A. Staff The Housing Authority shall make available all staff necessary to administer housing programs. However, whenever possible, all grant applications submitted by the City or the Housing Authority shall provide funds for administration, in order to offset program costs attributable to the City's participation in any such housing program.. B. Funds iV All housing funds received by the City, either through direct allocation or repayment of program income to operate housing programs, will be placed in separate revenue accounts within the Housing Authority budget, in accordance with all applicable regulations stated by the funding source. Any expenditure of housing funds shall only be in accordance with the agreements the City has entered into for the use of the funds. The Housing Authority will be included in the annual audit of the City, in a=rdanm with the regeire of Single Audit Act. • s C Hold rml= The Housing Authority shall indemnify, defend, and hold harmless the City from any claim, suit, cause of action, or liability which arises from its performance of, or failure to perform, the terms and conditions of this agreement. Any such indemnity shall not extend to the active negligence of the City, if any, during Authority's contract performance.' D. Repeal This Memorandum of Understanding repeals the previous MOU between the City and the Housing Authority entered into on December 15, 1942, solely for administering the HOME Program. E. Duration This Memorandum of Understanding shall remain in full force and effect until either party decides to discontinue it, with or without cause. Either party may terminate this Memorandum of Understanding upon thirty (30) days written notice to the other party at its regular business address. Approved as to Form: Crabb 01ty Attorney /Housing Authority Legal Counsel HOUSING AUTHORITY Chair IL ArVJa PeWwl. Uy CWk of the City of south fake Tahoe. Caliiarrua. do hereby ar•;fy beat this is a true and =rect copy of the dwjm -nt as it appears of r=d �uu =-.,u -c5 IM ! h--ti2 i+,--4esnb set my hand and of u the seal cf the City of South Lake Tahoe. CaWoraia- n Clerk Date r�TH tq �� S 19 65 P 9 A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND EXECUTION OF A GRANT AGREEMENT FROM THE ECONOMIC DEVELOPMENT PLA.NNING)TECIMCAL ASSISTAINICE ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING A CASH MATCH BE IT RESOLVED, that the City Council of the City of South Lake Tahoe does hereby adopt the following: Section 1. The City Council has reviewed and hereby approves an application for up to $13,000 for a market feasibility and site suitability study for an Environmental Center to benefit the Targeted Income Group_ Section 2. The City Council has reviewed the Citizen Participation Plan for compliance with Federal Statute and has determined that this plan was followed for the development of this application. Section 3. The City Council hereby approves the use of General Revenue Funds in the amount of $2,470 to be used as the City's Cash Match for this project. The C,ty is iaeby audKwiacd and diecled to act an the City's behalf m A natters pataumg >o tiis appficatim uschiding any agreements the City may enter into for contractual sei WOO • E • If the application is appcoved, the City Manager is authorized to enter into and sign the grant agreement and any subsequent amendments with the State of California for the purpose of this grant. PASSED AND ADOPTED this 21 st day of September 1943, by the following vote: AYES: Council members COLE, OSTI, KLEIN, DAVIS & DU QUITE WOES: Council members ABSTAIN: Council members ABSENT: Council members Mayor ATTEST: 4- 9, City Clerk • • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES WHEREAS, the City of South Lake Tahoe has conducted an extensive and exhaustive analysis of its services, the costs reasonably borne of providing those services, the be-.=ficianes of those services, and the revenues p,-oduced by those paying fees and charges for special services; and WHEREAS, the City wishes to comply with both the letter and the spirit of Article XM of the California Constitution and limit the growth of taxes; and WHEREAS, the City desires to establish a policy of recovering the full costs reasonably borne of providing special services of a voluntary and limited nature, such that general takes are not diverted from general services of a broad nature and thereby utilized to subsidize unfairly and inequitably such special services; and WHEREAS, heretofore the City council has adopted Ordinance No. 826 on August 17, 1993, establishing its policy as to the recovery of costs and more particularly the percentage of costs reasonably borne to be recovered from users of City services and dimming staff as to the methodology for implementing said Ordinance; and WHEREAS, pursuant to Government Code Section 66016 and 66018, the specific fees to be charged for services must be adopted by the City Council by Resolution, after providing and holding a public hearing; and WHEREAS, notice of public hearing has been provided per Government Code Section 6062x, oral and written presentations made and received, and the required public hearing held; and WHEREAS, a schedule of fees and charges to be paid by those requesting such services need be adopted so that the City might carry into effect its policies; and WHEREAS, it is the intention of the City Council to develop a revised schedule of fees and charges based on the City's budgeted and projected costs reasonably borne for the F"sscai Year beginning Orxober 1, 1993; and pursum b Califa cea Covernnrat Cock Saxion 6062a, a general explannum of the hereinafter contained schedule of fees mad charges has been published as r egnircd; aed • • ter' Resolution 1993 -71 _ page 2 WHEREAS, all requirement of California Government Code Sections 66016 and 66018 are hereby found to have been complied with; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. Fee Schedule Adoption. The following schedule of fees and charges are hereby directed to be computed by and applied by the various City departments, and to be collected by the City Gen-em'. Service Department, Revenue Section, for the herein listed special services when provided by the City or its designated contractors. Section 2. Separate Fee For Each Process. All fees set by this resolution are for each identified process; additional fees shall be required for each additional process or service that is requested or required. Where fees are indicated on a per unit of measurement basis the fee is for each identified unit or portion thereof within the indicated ranges of such units. A. Added fees and Refunds. Where additional fees need to be charged and collected for completed staff work, or where a refund of excess deposited monies is due, and where such charge or refund is ten dollars ($10.00) or less, a charge or refund need M be made. B. Defining and Timing of Fee Schedule. Definitions regarding and tinting of the implementation of the hereinafter enumerated fee schedules shall be as stipulated in Ordinance No. 826. Section 3. Interpretations. This resolution may be interpreted by the several City department heads in consultation with the City Manager and, should there be a conflict between two fees then the lower w dollar amount of the two shall be applied. It is the intention of the City Council to review the fees and charges as determined and set out herein based on the City's next Annual Budget and all the City's costs reasonably borne as established at that time and, as and if warranted, to revise such fees and charges based thereon. Section 4. C nstitution ft. If any portion of this resolution is declared invalid or ua000stnuti wal then it is the intentm of the City Council so have passed the entire Rrsoira m and all its comp mew pars, and aQ ad rr see ww of ties ResolutKa shall rc® me full fame and effect •! i i. r :li �l.� �fw 1 11.E � w �'� 1 1 i � :� .t' rl .!i .1 • • • 1993 -? 1 ., Resolution = Page 3 Section 6. Effective Date. This Resolution shall go into full force and effect immediately, but shall be subject to the terms and conditions of Ordinance No. 826. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on Seatember 21 . 1993 by the following vote. AYES: Councilmembers COLE, OSTI, KLEIN & DU QUITE ?DOES: Court- H.nembers DAVIS ABSENT: Councilmembers Kevin Cole, Mayor UY " City (fIrk, (CM SEAL) 39 = 65 x w City of South Lake Tahoe Percent of Total Recommended M I Eg 1 C -001 Pre - application Scoping Conference $125 (Can be credited toward future application costs) 2 C -002 Preliminary Plan Scoping Conference $145 33 % 33 % 100 % 33 % 33% 33% 33 %u 33% 33 % 100 % 100% 1000/0 33 % 33% 33 % 33% 9 0 0 (Can be credited toward future application costs) 3 C -003 Development .Agreement & DDA Review Fully- Burdened Hourly Rate 4 C -004 Conditional Use Permit $x85 (If Engineering Services Required) $390 '5 C -005 Design Review (Staff) $190 (Board/Planning Commission Review) $390 6 C -006 Variance Review(Administrative) $135 (Public Hearing) $255 7 'C-007 Time Share Conversion Review $355 8 C-008 Zoning Map Amendment $615 9 C -009 Zoning Text Amendment $630 10 C -010 Allocation Permit Processing (Application) $300 (Deposit to be applied to Building Permit) $1,000 11 C -011 Lot Line Consolidation $105 Lot Line Adjustment $180 12 C -012 Annexation Fully- Burdened Hourly Rate 13 C -014 Environmental. Assess./Negative Declaration $235 14 C -015 EIR/EIS Statement (TRPA) $560 15, Community Plan Amendment $315 16 C -018 General Plan Amendment $665 33 % 33 % 100 % 33 % 33% 33% 33 %u 33% 33 % 100 % 100% 1000/0 33 % 33% 33 % 33% 9 0 0 17 C -019 Community Plan Maintenance 3.33% Surcharge 18 C -020 General Plan Maintenance 3.33% Surcharge 19 5 -007 Plan Revision` $10 20 S -008 Plan Extension $10 21 S -009 Temporary (72 hour) Use Review $2S 22 S -010 Home Occupation (Administrative Review) $27 t 23 5 -011 Sign Permit (Staff Review) $60 (Design Review Board Review) $120 24 S -012 Banner Review & Inspection $10 25 S -013 Development Right Transfer $310 26 S -014 Fence Permits $35 27 S -015 Zoning Letter` $10 28 S -016 Environmental Categorical Exemption $35 29 S -017 Planning Surcharge 3.33% Surcharge 30 S -018 Dumpster Enforcement Per Refuse Surcharge Minute Order 31 Ly Street Vacation $100 C-013 32 C -021 Public Improvement Plan Check (Effective 1.1 -94) 3 %n of Construction Cost Minimum of $100 33 C -022 Public Improvement Inspection (Effective 1 -1 -94) 5% of Construction Cost 9. Minimum of $200 34 0.023 Private Improvement Plan Check (Effective 1.1.94) 33% 33 %d 33°io 33 % 33% 33% 33% 33% 33% 33 °l0 33% 33% 33% 100 %n 100 %n 100% 100% 100 %d 0 i • J 3% of Construction Cost Minimum of $100 35 C -024 Private Improvement Inspection (Effective 1 -1 -94) 100% 3% of Construction Cost Minimum of $100 36 C -025 Encroachment (Street Cut) Permit (Effective 1 -1.94) 100% �. New Access Permit $60 100 % Obstruction Permit $50 100 % Maintenance & Repair Permit $35 100% Excavation Permit <25 sq. ft $55 100% Excavation Permit >= 25 sq. ft Time & Materials 100% Work in Caltrans Right of Way $325 100% 37 C -026 TRPA Plan Check/Inspection New SFR $345 N/A New MFR $495 N/A 3$ C -027 Building Code Appeal $220 33 %a 39 C -039 Utility Street Usage 40 C -040 Snow Removal 41 S -001 Building Plan Check & Inspection (Effective 1.194) 33% 1.25% of Valuation Minimum $25 42 S -002 Collection of School District Fees 1,0% of Collection 100 % 43 S -003 Building Plan Revision Checking (Effective 1 -1 -94) 100 % $72 /hr + $15 Clerical Charge Minimum I Hour • J 44 S -004 Building Construction Time Extension (Effective 1 -1 -94) $85 100% 45 S -005 Re inspection Service (Effective 1 -1 -94) 100 % $65/hr + $15 Clerical Charge Minimum 1 Hour 46 S -006 Special Building Inspections (Effective 1 -1 -94) 100 % $65/hr + $25 Clerical Charge Minimum l,�:our 47 S -019 Transportation Permit Review (Per State Law) N/A $90 Yearly Permit $16 Single Permit 48 S -119 Street Sweeping Per Refuse Surcharge Minute Order 100 % 49 S -120 Spilled Load Clean -Up - 50 C -045 Joint Powers Authority Service Police Lead I&Fsponsibi lily, 51 C -035 DUI Accident Response 52 S -024 Special Business Regulation Massage Parlor -New Massage Parlor - Renewal Cabaret -New Cabaret- Renewal All Other Permits -New $83/hr 100% Fully - Burdened Hourly Rates 100 % Maximum $1,000 100% $110 + DOJ Fee $25 + DOJ Fee $220 + DOJ Fee $25 + DOJ Fee $160 + DOJ Fee 100% 100 % 100% 100% 100% 100 % 100,70 100 % 100% 100% 100% 1[IZ1Y,•7 100% 0 0 9 All Other Permits - Renewal $25 + DOJ Fee Non- Profit Groups (Bingo) None - 53 S -025 ABC One Day Permit (For -Profit Group) $70 Non -Profit Group $10 54 S -031 School Resource Officers $66,000 55 5 -032 Vehicle Code Enforcement As Set By Court 56 S -033 Parking Enforcement Current Bail Schedule 57 S -035 DUI Arrest Procedure None 58 S•036 Misdemeanor Booking $50 59 S -037 Fingerprinting $10 /card, Minimum $10 60 S -038 Records Check/Clearance Letter $35 61 5 -039 Concealed Weapon Background Investigation $93 62 S -041 Stored Vehicle Release $25 63 5 -042 Vehicle Equipment Correction Inspection None 64 S -043 Special Police Service Fully- Burdened Hourly Rate Minimum 1 flour 65 S -044 Special Police Boat Service Fully- Burdened Hourly Rate 66 S -048 Vacation Checks None 67 S -049 Police False Alarm Response (Within a 12 Month Period) 1st & 2nd False Alarm None 3rd False Alarm $35 4th False Alarm $35 + $70 Penalty 5th False Alarm $35 + $105 Penalty 6th False Alarm $35 + 140 Penalty 7th False Alarm $35 + 175 Penalty & Alarm Permit Revoked 100% 100 % 100% 100% 100% 100 % 100,70 100 % 100% 100% 100% 1[IZ1Y,•7 100% 0 0 9 a' City of South Lake Tahoe Percent of Total 68 S -050 Noise Disturbance Response Call -back 1 st Response None 2nd Res o F 11 B d d H 1 R 69 S -051 F nse u y- ur ene our y ate, $100 Minimum Ski Run Vehicle Control Fully- Burdened Hourly Rates 70 S -056 Police Report Copy $10 /Report up to 10 Pages +.50 for each additional page 71. S -057 Police Courtesy Report Copy $10 72 S -058 Tape Duplication Service Audio Tape $80 Video Tape $65 District Attorney Tape Requests No Charge 73 S -059 Crime Scene/Police Photo Reproduction $40 /Each 74 S -062 Outside Agency ID Services 75 S -066 Dispatch Service Ambulance CSA Fee $55,000 Lake Valley Fire District Per Agreement Firs `pad eapS2l3sibility 76 C -033 Emergency Medical Service Basic Life Support Airway Management Suction Oxygen Cervical Collar Backboard • 100% 100 %a 100% 100 %a 100% 100 % 100 % 100% $90 $20 $10 $20 $25` $25 ,a S -071 Pre -Fire Plan Included in P/W Plan Check 100% City of South Lake Tahoe S -072 Percent of Total 1000/0 .Regillation— Product or, &ryice Proposr 1� First-Year Fee RecQ nded M, I Fee Fire Hydrant Flow Test $75 KED (Special Stabilization) $25 Witnessed Acceptance Test $75 Extraction $50 77 C -034 Fire Non - Emergency Response $180/hr, Minimum $90 1000/0 78 C -036 Hazardous Materials Clean -up .$180/hr, Minimum $90 100% 79 S -067 County Fire Services 100 % 2 Hour Minimum Fire Apparatus, $360 Lake Valley Fire District Contract $10,000 S -074 Burn Permit $40 Fallen Leaf Fire District Contract $3,500 S -075 r " 80 S -068 State Mandated Inspections None S -076 81 S -069 Commercial Fire Service None S -077 82 S -070 Fire Code Enforcement Inspection i., 100% Second & Following Inspections $180/hr, Minimum $60 83 S -071 Pre -Fire Plan Included in P/W Plan Check 100% 84 S -072 Sprinkler /Alarm Plan Check & Testing 1000/0 Plan Review Included in P/W Plan Check Fire Hydrant Flow Test $75 Witnessed Acceptance Test $75 Fireworks Display $150 Open Burn Permit (Slash) $75 Fire Watch Service Fully- Burdened Hourly Rate + 2 Hour Minimum Fire Apparatus, $360 85 S -074 Burn Permit $40 100% 86 S -075 Fire Incident Report Copy $12.50 100% 87' S -076 Hydrant System Maintenance $22.50 /per Hydrant 100°Id 88 S -077 Fire Safety Classes None i., 0 0 0 52% 80% 8306 83% 9 %n 100 %O • District Profit Profit 89 C -037 Recreation Facility Rental Group A Group B Group C Ponderosa Room No Fee $17 $42 Large Multi -Use Room, Senior Ctr No Fee $17 $42 Cedar Room No Fee $10 $26 Aspen Room. No Fee $10 $26 Douglas Fir Room No Fee $10 $26 -k< Small Multi -Use Room, Senior Ctr No Fee $10 $26 Large Multi -Use Room, Senior Ctr No Fee $10 $26 Arts & Crafts Center, Senior Ctr No Fee $5 $13 Small Meeting Room No Fee $5 $13 Lounge, Senior Ctr No Fee $5 $13 Kitchen No Fee $24 $42 Scout Hall No Fee $10 $26 Art Building No Fee $10 $26 90 S -079 Adult Sports Programs Basketball Leagues $496/Team Softball Leagues $560/Team 4 Person Volleyball Leagues $130/Team Coed Volleyball Leagues $200/Team 91 S -080 Youth Sports Programs $100/Team or $5 /Player (Whichever is Greater) Y 92 S -081 Adult Athletic Field Participation Tournament Team $20 52% 80% 8306 83% 9 %n 100 %O • a City of South Lake Tahoe Percent of Total Re _ Proposgd First XQ r Fee 150% 59% 277 % 139 % 50 %: 76 % 50 % 116% 116% 0 0 0 League Team. $30 93 S -082 Youth Athletic Field Participation $5 /Player 94 S -083 Private Adult Ballfield Usage Hourly Rental $10 /Hr Tournaments:; One Field $100 /Day Two Fields $150/Day Three Fields $200/Day Middle School Sunday Only after 1:00 p.m. $25 /Day Pre Season Practice - Softball League Teams $9 /Hr 95 S -084 Co- Sponsored Youth Ballfield Usage None 96 S -085 Private Adult Sports Field Lighting Usage $20 /Night 97 S -086 Co- Sponsored Youth Field Lighting $10/Night. 98 S -088 Recreation Classes Per Class Contract 99 S -089 Weightlifting Room Usage Adult $2.75 Youth (14 yrs. to 18 Years) $1.50 Permanently Disabled $1.75 Seniors $1.75 100 S•090 Kid's Club Programs None 101 S -091 Youth & Teen Programs Calculated Per Activity 102 S -092 Summer Camp Activities /Supervision $11 103 S -093 Family Special Ilvents and Performance Coordination Turkey Trot $2 Halloween Carnival $1 150% 59% 277 % 139 % 50 %: 76 % 50 % 116% 116% 0 0 0 109 S -100 School Swim None 110 S -101 Co- Sponsored Competitive Swim Team Support I 1 years old or younger $35 /Person/Month 12 or older $40 /Person/Montli+ $200 /month 111 S -102 Recreational Swimming Adult ` Youth (14 yrs. to 18 Years) Permanently Disabled Seniors $2.75 $1.50 $1.75 $1.75 55% 37 % 0 is 0 y, City of South Lake Tahoe Regulatign. agd, cctt,or SrEyjce _ Proposed ,Fjl;5 Ye Fee Recommended Percent of Total MS1 Fee 104,S-094 Tennis Court Usage None 105 S -096 Aquatic Classes 34016 ' Adult $2.75 Youth (14 yrs. to 18 Years) $1.50 Permanently Disabled $1.75 Seniors $1.75 106 S -097 Swimming Lessons $28/ 2 Week Session 52% } 107 S -098 Adapted Swimming 58% Adult $2.75 Youth (14 yrs: to 18 Years) $1.50 Permanently Disabled $1.75 Seniors $1.75 108 S -099 Pool Rental Group A Group B Group C 100% No Fee $24 $42 109 S -100 School Swim None 110 S -101 Co- Sponsored Competitive Swim Team Support I 1 years old or younger $35 /Person/Month 12 or older $40 /Person/Montli+ $200 /month 111 S -102 Recreational Swimming Adult ` Youth (14 yrs. to 18 Years) Permanently Disabled Seniors $2.75 $1.50 $1.75 $1.75 55% 37 % 0 is 0 City of South Lake Tahoe Percent of Total Regulation, Product_o,L rvi _ Proposed-First Year Fee Rgcgmmended MS I Fee 112 S -103 Child Care Facility Rental $1001 /Month 71% 113 S -104 Senior Citizen Recreation Programs See It em # 89 % 5 0 114 S -105 Picnic ShelterBBQ Rental Per Four Hour Use 0 107% Group A Group B Group C Rec. Complex Group Picnic Area No Fee $40 $50 , Rotary Picnic Shelter No Fee $50 $60 Kiwanis Picnic Shelter No Fee $40 $50 Gazebo/Bandstand No Fee $50 $60 Parks Lead 115 S -087 Rrsponsibilily School District Ballfield Maintenance None 116 S -108 Bijou Golf Course 100% (as of 7 /l /93) Green Fees, Nine Holes $10 Green Fees, Eighteen Holes $16 Twilight Rates: 3pm -4pm (Nine Holes) $7 4pm to Closing $6 Club Rentals, Nine Holes $5 Club Rentals, Eighteen Holes $g Pull Carts, Nine Holes $2 Pull Carts, Eighteen Holes 0$3 Local 10 Green Fee Pass $90 Local 20 Green Fee Pass $170 117 S -109 Campground Charges 100% 0 (as of 4/1/93) • I City of South Lake Tahoe, - -Kcgulation-Product or Service Pro2osedLrst Percent of Total Xem EQe RecomM-nded MSI Fee Campsite Fee ($15.00 + TOT $1.50) $16.50 Extra Vehicle W/Holding Tank $16.50 Extra Vehicle No Holding Tank $2 Extra Person,, $2 Pets $1 Hiker/Bicycles ($6.00 + TOT $.60) $6.60 Reservation Fee $3.50 Shower (Non•-Registered People) $3 Dump Fee (Non-Registered Vehicle) RV's $7 Buses $10 Group Rates $16.50 118 S-110 Beach Maintenance None 119 S-111 School District Landscape Maintenance 95% (100% as of 7/l/94) Per Person Hour $7.80 $7.80 $7.80 $18.75 $18.75 $7.80 $18.75 $7.80 $7.80 $7.80 Personnel Salaries & Benefits: Mowing Veedeating Blower Sprinkler Inspection Sprinkler Repair Fertilizing Aerating Edger Watering Travel Time (100% as of 7/l/94) Per Person Hour $7.80 $7.80 $7.80 $18.75 $18.75 $7.80 $18.75 $7.80 $7.80 $7.80 ?r'< City of South Lake Tahoe Percent of Total Cleanup & Thatching $7.80 Sweeping $7.80 Spraying $18.75 Equipment Rental Per Hour Snappers $9.70 i 345 Toro $30.25 36" Toro $13.55 5 Gang Mower $30.25 Weedeater $6.65 Blower $6.65 Edger $6.65 Utility Truck Trailer $11.32 Turf Sweeper $13.55 Large Aerator $30.25 Small Aerator $13.55 Sprayer W/Tnick - $11,32 Material Used Cost Overhead 20% 120 S -112 Redevelopment Contract Maintenance Same as S -111 95 % (100% as of 7!1/94) 121 S•113 California Tahoe Conservancy Maintenance $19,000 95 % n (100% as of 7/l/94) QJX Manager Lead ibility: 122 C -041 Litter Removal $5,000 100% 9 0 0 100% 100% 100 % 100% 100% 100% 100 % 100% 100% 100% 100 % 100 % 100% 100 % 100% 100% 123 C -042 Transit Service $13,987 124 C -044 Animal Control ` None F Einancz L&ad Responsibilily: 125 C -046 Redevelopment Agency Services 154,000 126 C -047 New/Moved Business License Applications $25 127 S -021 Address Change Review $12 128 S -022 New Address Assignment Processing $15 129 S -123 Business Tax Renewal Processing $25 130 S -124 Returned Check (NSF) Processing $15 131 S -125 Geobase Information Service $.25 /copy Qjy 132 Clerk Lead Responsibility: City Council Appeals $90 0-048 133 C -049 Records Research Service None 134 C -050 Document Printing & Copying $.10 /copy 135 S -126 City Council Chamber Rental $165 136 S -127 Agenda Mailing Service $55 137 S -128 Meeting Tape Duplication $10 /tape 138 S -129 Code Update Service Initial Copy of Code $115 Code Updates $10 + .10 cents per page + postage 139 S -130 Verbatim Transcript Service $25/page 140 S -131 Document Certification /Acknowledgment ' $15 100% 100% 100 % 100% 100% 100% 100 % 100% 100% 100% 100 % 100 % 100% 100 % 100% 100% • 0 • CITY OF'SOUTH LAKE TAHOE RESOLUTION NO. 1993 -72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE DELEGATING ITS INVESTMENT AUTHORITY TO THE CITY TREASURER AND RECONFIRMING AND ADOPTING THE CITY WRITTEN INVESTMENT POLICY WHEREAS, Government Code section 53601 allows the City Council to delegate its investment authority to the City Treasurer; and WHEREAS, the Annual Statement of Investment Policy is required to be adopted by resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South Lake Tahoe that: SECTION 1: The City Council Investment authority is delegated to the Elected City Treasurer. SECTION 2: The Investment Policy as attached is a complete and correct copy under which City investments are authorized and is adopted as the annual statement of investments. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on October 5 , 1993 by the following vote. AYES: Councilmembers COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES: Councilmembers ABSENT: Councilmembers ATTEST: Cit ► / )Clerk (CITY SEAL) Kevin Cole, Mayor • • STATEKFNT OF INVESTMENT POLICY Reviewed September 3993 • • City of South Lake Tahoe Statement of Investment Policy Table of Contents Item --------------------------------------- - - - - -- Page Number ------- - - - - -- Purpose ............. .... ..... ... ,. 1 Objective............................................. I Policies .............. ............................... General Rule ....................................... investment Criteria ... ..... ................... Amounts to be Invested .......... . .................. Acceptable Investment Instruments .................. 1 1 1 2 2 Guidelines by Type of Investments .................. 2 Maturity of Investments ............................ 5 Program .............................................. 5 Review Checklist ...... ............................... Procedures ... ... ............................... Guidelines ......... ............................... 5 6 6 Strategy ...... .. . ............................... 8 Prudent Man Rule .... ...... .......................... 9 I. PURPOSE Page 1 of 9 This statement is intended to provide guidelines for the prudent investment of the City's temporarily idle cash, and outline the policies for maximizing the efficiency of the City's cash management syst p em. The ultimate goal is to enhance the economic, status of the l .,, it while protecting its II. OBJECTIVE The Citv's cash management system is designed to accurately monitor and forecast expenditures and revenues, thus enabling the City to invest funds to the fullest extent possible. The City attempts to obtain the highest yield obtainable as long as investments meet the criteria established for safety and liquidity. III. POLICIES A. General Rule: The City of South Lake Tahoe operates its temporarily pooled idle cash investments under the prudent man A rule (civil code sect. 2261, et. seq.). This affords the City a broad spectrum of investment opportunities as long as the investment is deemed prudent and is allowable under current legislation of the State of California (Government Code Section 53600, et. seq.). B. Criteria: The following items will be used as the guide for selecting investments and the order of priority are: 1. Safety. The safety and risk associated with an investment refers to the potential loss of principal, interest or a combination of these amounts. The City only operates in those investments that are considered very safe. 2. Licraidity. This refers to the ability to "cash in" at any moment in time with a minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality, especially when the need for unexpected funds appears occasionally. 3. Yield. This is the potential dollar earnings an investment can provide, and sometimes is described as the rate of return. • 10 CITY OF SOUTH LAKE TAHOE STATEMENT OF INVESTMENT POLICY Page 2 of 9 C. Amounts to be invested: The City will invest all funds and estimated checking account float except for those amounts required to minimize the charges by the City's banks to pay for bank services furnished-the the City. D. ticceptabie investment Instruments: The City investment portfolio may include the following instruments: 1. Certificates of Deposit (or Time Deposits) placed with commercial banks and /or savings and loan institutions. 2. Bankers Acceptance. 3. Securities of the U.S. Government, or its agencies. 4. Repurchase Agreements. 5. Commercial Paper /Medium -Tern Corporate Notes.' 6. Lo-al Agency Investment Fund (State Pool) Demand Deposits. 7. Negotiable Certificates of Deposit. 8. Passbook Savings Account Demand Deposits. 9. Shares of beneficial interest issued by diversified management companies (Government Security Mutual Funds Section 23701M of the California Revenue and Taxation Code). E. Guidelines by Type of Investment Instruments: 1. Certifictes of Deposit: Cash will be invested only in FDIC or FSLIC insured certificates of deposit. Collateral for investments of greater than $100,000.00 in any one institution will only be considered through one of the 15 largest banks in the United States. Collateral for a given investment must be 110% of principal for government securities and 150% of principal for first mortgages. No more than 5% of the City portfolio, not to exceed $500,000.00, shall be invested in any one institution. An institution must meet the following further criteria: a. The institution must have been in existence for more than two calendar years. • CITY OF SOUTH LAKE TAHOE STATEMENT OF INVESTMENT POLICY Page 3 of 9 b. The institution must maintain a net worth to asset ratio of at least 3 %. with a positive earnings record for at least the past year. c. The institutions offices must be located within the United State of America. in no case, however, will an amount greater that the FDIC or FSLIC insured maximum be invested in an institution located outside of the State of California. 2. Bankers Acceptances: The City will only invest through the 15 largest banks in the United States or the 100 largest banks in the world (in terms of assets). The maximum investment with any one institution will not exceed $1 million. The maximum maturity will be 270 days. The maximum proportion of City funds invested in Bankers Acceptance shall not exceed 20% of the total City portfolio. (Note: California Government Code allows a maximum of 40 %.) 3. Securities of the U.S. Government or its Agencies: Securities purchased from brokers /dealers shall be held in third party safekeeping by the trust department of the City's bank, or by other designated third party trust in the City's name and control, whenever possible. 4. Repurchase Agreements ( Repos): The City will require safekeeping documentation in an acceptable safekeeping account in the City's name. Repos will be used solely as a short term investment not to exceed 30 days. Repos will only be purchased through the 15 largest banks in the United States. The investment in any one institution shall not exceed $1.0 million. 5. Commercial Paper and Medium Term Corporate Notes: The City will require safekeeping documentation in an acceptable sagekeeping account in the City's name. Commercial paper will be used solely as a short terra investment not to exceed 180 days. The City will only invest through the largest 15 banks (in terms of assets) in the United States. The City may also invest in medium -term corporate notes of a maYiaun of five years maturity issued by corporations • Page 4 of 9 organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. A rating of Standard and Poors A -1 or Moody's P -1 is required :. for both commercial paper and medium term corporate notes. The investment in anyone institution will not exceed $1.0 million. 6. Local Agency Investment Fund (State Pool)• The investment with LAIF may not, by state regulation, exceed $10 million. LAIF transactions, by LAIF guidelines, are not to exceed 10 per month. 7. Negotiable Certificates of Deposit: The City shall only invest with the largest 15 banks (in terms of assets) in the United States. 8. Passbook Savings Account Demand Deposits: This account 9 shall be maintained solely for the following purposes: a. Investment of amounts over $100,000.00 received too late in the day to invest in other instruments; or b. Investment of amounts under $100,000.00 for periods of up to ten working days in order to fine -tune cash flow and minimize LAIF transactions in a given month. 9. Government Security Mutual Funds: Instruments invested in shall meet the following: a. Have the highest ranking or rating as provided by not less than two of the three largest nationally recognized rating services, or - b. Have an investment advisor registered with the Securities and Exchange Commission with not less than five years experience investing in these types of funds, and c. Have assets under management in excess of five hundred million dollars ($5O0,OOO,O00), and • f. The 5 year maturity specified in paragraph F. below will not apply to Government Security Mutual Funds investing primarily in adjustable rate securities guaranteed as to payment of principal and interest by the U.S. Government of its agencies. F. Maturity of investments: Planning of the pattern of investment maturities will always be based primarily on the City's forecast cash /liquidity needs and, secondarily, on yield. CD maturities will normally not exceed 2 years. U.S. Government or Agency securities will not exceed 5 years. At least 50% of idle funds will be placed in investments which can be liquidated for at least face value in the event of an emergency. Iii. PROGRAM A. The monthly report to the City Council will be prepared by the Finance Department to include a review and statement as to its relationship to this statement of investment policy. B. A staff investment committee consisting of the Treasurer, City Manager, General Services Officer and Chief of Budget and Fiscal Planning will convene at least once a year to review the investment program. Such review shall examine both policy and administrative procedures in the program for possible revision. This meeting will normally occur in May. C. Strategy Review: The staff investment committee will review interest rate trends and resultant desirable investment maturity goals consistent with the City's needs for safety and liquidity in its investment program. V. REVIEW CHECKLIST Policy is defined as any governing principle, plan or course of action. The fallowing checklist includes elements that should be considered in sa.king future revisions to this investment policy and adzinistrative procedures. • CITY OF SOUTH LAKE TAHOE STATEMENT OF INVESTMENT POLICY Page 6 of 9 A. PROCEDURES 1. Safety. It is the primary duty and responsibility to protect, preserve and maintain cash and investments placed in trust with the Treasurer on behalf of the citizens of the community 2. Liquidity. An adequate percentage of the portfolio should be maintained in liquid short-term securities which can be converted to cash if necessary to meet disbursement requirements. 3. Yield. Yield becomes a consideration only after the basic requirements of safety and liquidity have been met. 4. Legal Investment Authority. The City is authorized to invest temporarily idle monies in accordance with state and local statutes and regulations (California Government Code Section 53600 et. seq.). 5. Statement of Investment Policy. The Treasurer shall render to the legislative body an annual "Statement of Investment Policy.* (California Government Code Section 53646) 6. Reverse Repurchase Agreements. Securities should not be pledged as collateral for temporary borrowing except as authorized by the legislative body. 7. Selling Securities Prior to Maturity. Generally, losses are acceptable on a sale before maturity and should be taken if the reinvestment proceeds will earn an income flow with a present value greater than the present value of the income flow that would have been generated by the old investment considering any capital loss or foregone interest on the original investment. 8. Horthly Report. The Treasurer shall file a monthly report which states its relationship to the Statement of Investment Policy with the Chief Executive officer and the legislative body (California Government Code Section 53646). B. GUIDELINES Guidelines are established to direct and control activities in such a manner that previously established goals are achieved. • • • CITY OF SOUTH LAKE TAHOE STATEMENT OF INVESTMENT POLICY Page 7 of 9 1. Investment Transactions. Every investment transaction must be authorized, documented and reviewed by the local agency Treasurer. 2. Pooled Cash. Whenever practical, local agency cash should be consolidated into -::e bank, account and invested on a pooled concept basis. Interest earnings may be allocated to fund cash and investment balances. 3. Competative Bids. Purchase and sale of securities should be made on the basis of competitive offers and bids when practical. 4. Cash Forecast. The cash flow for the local agency should be analyzed with the receipt of revenues and maturity of investments scheduled so that adequate cash will be available to meet disbursement requirements. 5. Investment Limitations. Security purchases and holdings shall be maintained within statutory limits imposed by the California Government Code. Current limits are: Bankers' Acceptance 40% Code Section 53601(f) Commercial Paper 30% Code Section 53601(g) Certificates of Deposit 30% Code Section 53601(h) 6. Licruidity. The marketability (saleability) of a security should be considered at the time of purchase as the security may have to be sold at a later date to meet unanticipated,cash demand. 7. Long -Term Maturities. As a general rule, long -term maturities should not represent s significant percentage of the total portfolio, as the principal risk involved can outweigh the potential for higher earnings. 8. Authorized Dealers /Brokers. Execute investment transactions with previously approved brokers /dealers. 9. Diversification. The portfolio should consist of a mix of various types of securities, issuers and maturities.. 10. Evaluation of Certificates of Deposit. The following items will govern the evaluation: a. Time Certificates of Deposit (TCD) shall be evaluated in terms of FDIC or FSLIC coverage. For deposits in excess of the insured maximum of $100,000.00, approved collateral at the amounts stated in section III. (E) (1) of this policy. (California Government Code Section 53652 and /or 53551 b. Negotiable Certificates of Deposit (NCD) shall be evaluated in terms of the credit worthiness of the issuer, as these deposits are uninsured and uncollateralized notes. 11. Safekeeping. Securities purchased from brokers /dealers shall be held in third party safekeeping by the trust department of the local agency's bank or by another third party trustee approved by the City. Said securities shall be held in the name of the City with the trustee executing investment transactions as directed by the City Treasurer. C. STRATEGY Strategy refers to the ability to manage financial resources in the most advantageous manner. 1. Economic Forcasts. Obtain economic forcasts periodically from economics and financial experts through bankers and brokers to assist the Treasurer with the formulation of an investment strategy for the local agency. 2. Implementing Investment Strategy. Execute investment transactions which conform with anticipated interest rate trends and the current investment strategy plan. 3. Rapport. Maintain a close working relationship with large operating units of the local agency. The objective is to pinpoint when large disbursements will hit the City's bank account. It is essential for good cash control that such large expenditures be anticipated, estimated as to dollar amount and communicated to the Treasurer for liquidity planning purposes. 4. Yield Enhancements. Consider utilizing the following investment techniques to increase yield and to maintain a fully invested position: 0 • • 5. CITY OF SOUTH LAKE TAHOE STATEMENT OF INVESTMENT POLICY Page 9 of 9 A. Daily and weekend Repurchase Agreements. b. Reverse Repurchase Agreements using only owned securities as- collateral. F c. Swaps and trades. d. Daily and weekend commercial paper investments. e. gaily and weekend passbook.savings deposits. Preserve Portfolio Value. Develop yield standards in order to maintain earnings near the market and to preserve the value of the portfolio. VI. PRUDENT MAN RULE In investing, reinvesting, purchasing, acquiring, exchanging, selling and managing property for the benefit of another, a trustee shall exercise the judgement and care,'under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income, as well as the probable safety of their capital. RESOLVED, by the City Council of the City of South Lake Tahoe that:— , , WHEREAS, the City Council has studied and held public hearings on the proposed 1993/94 fiscal year budget, and; WHEREAS, the City Council wishes to adopt a budget for the period of October 1, 1993 to September 30, 1994. NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED THAT: The following specific budgetary amounts are allocated as noted: DEPARTMENT NAME APPROPRIATION CITY GENERAL FUND #001) City Council $82,999 City Manager $559,316 City Clerk $170,789 Finance $672,529 Nondepartmental $11375,572 Risk- Management $405,999 Personnel $172,618 Parks & Recreation $1,236,608 Public Works $2,418,571 Planning $346,816 F $2,676,436 Police 4,979,465 Leases 146,437 Reserves $501,273 Subwul GawrA Fund $15,745,428 SPFCLkL REVENUE FUNDS: Parks Special Revenue ( #220) $379,031 ,Snow Rta oval (#228) $422,231 PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on October 5 , 1993 by the following vote. AYES: NOES: Councilmembers COLE, OSTI, KLEIN, DAVIS & DU QUITE Councilmembers ABSENT: Councilmembers �J Kevin Cole, Mayor ATTEST: cily6prk cC"ry 19 65 1993194 Budget Appoprtiation Resolution Page 2 of 2 DEPARTMENT NAME A_pPROPRL4TION Housing Authority ( #270) $67,502 Solid Waste Management ( #280) $102,390 Clean Community Program ( #281) $94,000 Fire Station Debt Service (#310) $42,420 Subtotal Special Revenue Funds $1,107,574 ENTERPRISE FUNDS: STAGE (#610) $1,192,039 Airport (#620) $1,255,546 Subtotal Enterprise Funds $2,447,585 City Wide Total - 1993/94 Budget $19,300,587 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South Lake Tahoe that the appropriation for the 1993/94 Fiscal Year Budget are hereby adopted. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on October 5 , 1993 by the following vote. AYES: NOES: Councilmembers COLE, OSTI, KLEIN, DAVIS & DU QUITE Councilmembers ABSENT: Councilmembers �J Kevin Cole, Mayor ATTEST: cily6prk cC"ry 19 65 RESOLUTION NO. 1 94 _ 74 SOUTH LA b� TAHOE A RESOLUTION OF THE CITY OF S MINDING RESOLUTION NO. 1991-6 RELATING TO THE ESTABLISHMENT, APPOINTMENT, AND DUTIES OF A SOUTH LAKE TAHOE ARTS COMMSSION RESOLVED BY THE City Council of South Lake Tahoe that Sections 3 of Resolution 1991 -6 be amended as follows: Section 3. A pgintment of Cemrnission Members The Commission shall consist of fare (seven) members who shall be appointed as follows: a. Three (Four) members to be appointed by the Council. Of the three (four) members appointed, one shall be a practicing arts administrator. b. 7' m (Three) members to be appointed by the three (four) Council appointees upon ratification of the Council. Of the two (three) members appointed, one shall be a practicing artist. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on October 5 , 1993 by the following vote: 1 AYES: NOES: ABSENT: �J �_ 1 ATTEST: Councilmembers COLE, OSTI, KLEIN, DAVIS & DU QUITE Councilmembers Councilmembers :U• s M�M Wom-no i aa� • • ... �._�, REVISED 10I493 _ City of South Lake Tahoe APPROVAL OF RESOLUTION ABOLISHING CERTAIN CITY POSITIONS WHEREAS, the City Council of the City of South Lake Tahoe has directed the Administrative Staff to incorporate abolishment of positions into budget preparation for Fiscal Year 1993/94, effective October 1, 1993; and WHEREAS, it is appropriate and fair to notify employees affected by the abolishment of positions as soon as possible; and . WHEREAS, it is believed that, in order to abolish positions in accordance with Council direction, Section 8 -5 of City Personnel Rules requires formal Council approval, NOW THEREFORE IT IS HEREBY DETERMINED AND ORDERED THAT: Council approves abolishment of the following positions: Fire Division Chief (2 positions) Police Captain (1 position) Police Records Technician (1 position) Building Inspector (1 position) Equipment Mechanic (1 position) Office Serv. Tech/Public Works (1 position) Office Serv. Tech/Wkr. City Clerk Dept. Assist. Director/Parks & Rec Assistant Engineer Offices Services SpecJRedev. Police Detective (1 position) Airport Maint. & Oper. Tech. (1 position) Sec. to City Attorney PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on October 5 ,1993 by the following vote: AYES. CouncilmemberS COLE, OSTI , KLEIN, DAVIS & DU QUITE NOES Councilmembers ABSENT: Counalmembers OPV Mayor ATTEST: 2. Ci 1s� t a _ �1 0 • Cr1 Y OF SOUTH LAKE TAHOE RESOLUTION NO. 19 9 3 0 7 6 A RESOLUTION OF THE CITY COUNCIL OF THE CrIY OF SOUTH LAKE TAHOE AUTHORIZING ACQUISITION OF FEDERAL, SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS BE IT RESOLVED by the City Council of the City of South Lake Tahoe as follows: IF IS HEREBY ORDERED that the employees whose names, titles � A and signatures are listed below shall be and are hereby authorized as our representatives to acquire federal surplus property from the California State Agency for Surplus Property under the Terms and Conditions listed on the attached form. BE IT FURTHER ORDERED that the State Standard Resolution be completed and filed with the State of California. NAME Kerry Miller TITLE City Manager Dick Anderson General Services Director Nancy Jones Purchasing Officer Dave Solaro Police Chief Carol Drawbaugh Public Works Director Don Radford Parks & Recreation Director Dick French Airport Director PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on October 5 , 1993 by the following vote: AYES: Councilmembers COLE, OSTT, KLEIN, DAVIS & DU QUITE NOES: Councilmembers ABSENT: Councilmembers O t q Mayor ATTEST: Ano9z Peterson, City i9 6S c41 JFOip cai side LIOPt. Of c..rwt s+ . 9 ice of surpira Prapwv taa"VIAS Tile Real CA 9263 SP Farm r+e. 202 pJ�I RESOLUTION "BE IT RESOLVED by the Governing Board OR by the Chief Administrative Officer of those organizations which do not have a governing board, and hereby ordered that the officials) and /or employee(s) whose name(s), title($), and signature(s) are listed below shall be and is (are) hereby authorized as our representative(s) to acquire federal surplus Property from the Property under the Terms and Conditions listed on the reverse side of this forra' California State Agency for Surplus Pro .: NAME TITLE NA RE (Print or type-) Kerry Miller City Manager Dick Anderson General Services Dire o Nancy Jones Purchasing Officer o A Dave Solaro Police Chief Carol Drawbaugh Public Works Director Don Radford Parks & Recreation Directo Dick French Airport Director B. PASSED AND ADOPTED this 5th day of or- t nha r by me Governing board the City Council by the following vote; Ayes , Noes , Absent I, Angela Peterson, City-Clerk OI3fY� SI N f the City of South Lake Tahoe do hereby certify that the foregoing is a full, true, and correct copy of a resolution adopted by the Board at a regular _ meeting thereof held at its regular place of meeting at the date and by the vote abooe stated, which resolution is on file in the office of the Boar S� k The City of South Lake Tahoe � Tame of organ 2"M 1052 Tata Lane Maihns eddres So Lake Tahoe El Dry -zrjn, (-A 9615n (Sigried) � , County ZIP Code OR , �4` r C. AUTHORIZED this 5 th day of October , tg 93 , by. Kerry Miller it of Aid s «e afl�oa City of South Lake Tahoe P, ne d eep.iaeiw X052 Tata Lane So_ Lake Tahoe, El Dorado, CA 96150 C, C4001 ZIP cade City Manager Title () NOTE: IF YOU HAVE A GOVERNING BOARD, SEC1;fOM "A" AND -B- SHOULD BE COMPLETED. iF YOU DO NOT HAVE A GOVERNING BOARD. SECTIONS "A" AND "C" SHOULD BE COMPLETED. CITY OF SOUTH LAKE TAHOE ® RESOLUTION NO. 1993 -77 A RESOLUTION ESTABLISHING A BAIL SCHEDULE FOR PARKING VIOLATIONS ISSUED WITHIN THE CITY OF SOUTH LAKE TAHOE RESOLVED, by the City Council of the City of South Lake Tahoe, that: yu.:u.MS,' AD YV8 JerYes to decriminalize parking violations by reassigning the initial hearing process for contested violations from the Municipal Court system to local government; and WHEREAS, said legislation further creates authority for local governments to establish appropriate bail schedules to be utilized whenever parking citations are issued within their respective jurisdictions; and h1HEREAS, the bail schedule set forth herein will allow the City to recover its costs to administer the parking citation and hearing processes mandated by AB 408, while not presenting an undue burden on recipients of such citations; NOW, THEREFORE, the City Council of the City of South Lake Tahoe does hereby establish the following bail schedule to be utilized in the issuance of parking citations within the City Limits of the City of South Lake Tahoe: Violation Bail City Ordinance 16 -36 $ 25.00 City Ordinance 16 -44 $ 25.00 City Ordinance 16 -63 $102.00 City Ordinance 18 -72 $ 25.04 City Ordinance (Other) $ 25.00 Calif. Vehicle Code 23313 $ 32.00 Calif. Vehicle Code 22500 $ 32.00 ® Calif. Vehicle Code 22507.8 $250.00 Calif. Vehicle Code 22514 $ 50.00 Calif. Vehicle Code (Other) $ 32.00 PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on October 5 1993, by the following vote: AYES: Councilmembers _COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES: Councilmembers ABSENT: Councilmembers ?!f �0- —,J Mayor ATTEST: ity Clerk .{ F t �A 1f7 %sue ' - 1. � � I. rf J, � ..i ; � r + ... �i 1 i .. ... . F. i � ;� . _ � . � � � �. � � . 0 • CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 19 9 3 - 7 8 ACCEPTING WORK UNDER CONTRACT FOR REROOF OF STAGE BUS GARAGE AT 1669 SHOP STREET PWC 1993 -13, BID NO. 1993 -15 AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION RESOLVED, by the C.'ir C;nanc:l of Lhe City of Goth Lake Tahoe, that: WHEREAS, the City Engineer has filed with the City Clerk the Engineer's Certificate as to the completion of all work pro -vided to be done :ender and pu -susnt to the Contract between the City and _ EL Dorado Roofing, as Contractor, dated September 21, M3 and; WHEREAS, it appears to the satisfaction of the Council that their work under said Contract has been fully completed and done as provided in said Contract and the plans and specifications therein referred to; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED: 1. That said work be, and it is hereby, accepted by the City of South Lake Tahoe and deemed completed according to the terms and conditions of said Contract. 2. That the City Engineer be, and hereby is, directed to execute Notice of Completion of said work as required by law. 3. That the City Clerk be, and hereby is, directed to file for record with the County Recorder of the County of El Dorado, Notice of Completion of said work as required by law. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on November 2, '&'993 by the vdes: AYES: Councilmembers: COLE, OSTI , KLEIN, DAVIS & DU QUITE NOES: Councilmembers: ABSENT: Councilmembers: ATTES MWjW CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993- 79 _ __ . __ __. _ .___ _A RESOLUTION AMENDING RESOLUTION 1987 -15 ESTABL1SHM REOUIREMENTS TO BECOME A COMMERCIAL AIRPORT TENANT FOR ANY GENERAL AVIATION AND NON - AVIATION ORIENTED COMMERCIAL OPERATION AT THE LAKE TAHOE AIRPORT WHEREAS, being in a position of ownership and having responsibility for operations of the Lake Tahoe Airport in said City; and WHEREAS, in order to insure adequate aeronautical services and facilities to the users of the public facilities of said Airport; and WHEREAS, to encourage the development of said Airport and its activities; and WHEREAS, in order to foster the economic health and orderly development of commercial aeronautical operators at said Airport; and WHEREAS, in order to provide a sound, consistent basis upon which the City can attract stable and financially responsible tenants to the Airport and can administer tenant leaseholds in a fair and uniform manner, and in order that ail leases among tenants of a particular type be standardized and that the various types of leases be integrated into a single consistent policy, thereby insuring that each category of tenant will be governed by the same terms, conditions, covenants and standards, iT IS NOW THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE THAT: I. GENERAL REQUIREMEN S: A- No person or firm or corporation shall use the Lake Tahoe Airport as a fixed base or terminal for any commercial general aviation operation including fixed base operator, specialty operator, local operator, aircraft maintenance, non - scheduled or scheduled carrier of passengers, freight, express mail, etc., student training, aircraft sales, new and used, sale or rental of any commodity, supplies or services or any business or commercial activity whatsoever within the limits of the airport property except by City Business License, lease, sublease or operating agreement and payment of fees to Lake Tahoe Airport ownership. I1. DEFINITIONS: A Aircraft Sales: An aircraft sales operator is a person or persons, firm or corporation engaged in the sale of new or used aircraft through brokerage, ownership, franchises or licensed dealership or distributorship (either on a retaa or wholesale basis) or an aircraft manufacturer or otherwise and who provides such repair, services, parts as necessary to meet any guarantee or warranty of new or used aircraft sold by said operator. • C I B. Airframe and Power Plant R _Qair f=acilities An aircraft engine and airframe maintenance and repair operator is a person or persons, firm or corporation providing airframe and/or power pant repair service. This category of aeronautical services may also include the sale of aircraft parts and accessories. G Aircraft Lease and /or Rental: An aircraft lease and/or rental operator is a person or persons, firm or corporation engaged in the lease and/or rental of aircraft to the public. D. Flight Training: A flight training operator is a person or persons, firm or corporation --r engaged in instructing pilots in dual and solo flight training, in an FAA certificated aircraft, and who may or may not provide such related ground school instruction as is necessary preparatory to taking an FAA written examination and flight check ride for the category or categories of pilots licenses and ratings involved. E Aircraft Fuels and ()0 Dispensing Services: An aircraft fueler is a person or persons, fum or corporation engaged in the sale and into -plane delivery of recognized brands of aviation fuels, fubricants and other related aviation petroleum products. Such operator shall provide servicing of aircraft including ramp assistance and the parking, storage and tiedown of aircraft within the leased area. F. Radio. Instrument or Propeller Repair Station: A radio, instrument or propeller repair station operator is a person: or persons, firm or corporation engaged in the business of providing a shop for the repair of aircraft radios, propellers, instruments and accessories for general aviation aircraft. Such business may include the sale of new or used aircraft radics, propellers, instruments and accessories. G Aircraft Charter and Air Taxi: An aircraft charter or an air taxi operator is a person or persons, firm or corporation engaged in the business of providing air transportation (person or property) to the general public for hire, either on a chrter basis (commercial operation) or as an air taxi operator, as defined in the Federal Aviation Act. K Specialized Commercial Flying Services: A specialized commercial flying services operator is a person or persons, firm or corporation engaged in air transportation for hire for the purpose of providing the use of aircraft for the activities fisted below: 7 f Nonstop sightseeing flights that begin and end at the same airport within a 25 -mile radius of the airport; 2) Banner towing and aerial advertising; 3 j Fire fighting; 4 j Power line or pipe line patrol; and 5) Any other operations specifically excluded from Part 135 of the Federal Aviation Regulations. I .1 r : s An operator who has a lease from the City which obligates such operator to provide at the Airport. on a non- exclusive basis, the mkiimum services enumerated in sub - paragraph A of Article IV hereof is hereinafter referred to as a Fixed Base Operator. . A. Any Fixed Based Operator hereafter acquiring a lease from the City of South Lake Tahoe shall be obligated to provide at the Airport, on a non- exclusive basis, the following x nimum- services: -_—� —, 3 j The repair, maintenance, conditioning, inspection, servicing and making of modifications and alterations to aircraft, aircraft engines, propellers and appliances including the removal of engines for major overhaul and including the actual overhaul of engines and aircraft; 2) The lease of aircraft; 3) The sale of parts and accessories for aircraft, aircraft engines, propellers and appliances; A i The sale of airmen supplies, gifts. tobacco and general merchandise; 5 } The hangaring and storing of aircraft; and 6-) The operation of a charter or air taxi flight service. B. Subject to the provisions of Paragraph E of this Article IV below, the operator shall lease from Airport an area of not less than 5 acres of ground space and on which shall exist or be erected a building to provide at least 3,600 square feet of floor space for aircraft storage and at least 200 square feet of floor space for office, classroom, briefing room. pilot lounge and restrooms, all of which shall be properly heated and lighted, and shall provide telephone facilities for customer use. The operator shall provide a paved walkway within the lease area to accommodate pedestrian access to the operator's office. The operator shalt provide a paved aircraft apron within the leased area to accommodate aircraft movement from the operator's building to the taxiway or the access to the taxiway that has been or will be provided for the operator. C. Buildings: The minimum space requirements as herein provided shall be satisfied whether leased from the City or constructed by the operator. Hangar buildings shall have at least one (1) aircraft door with minimum width and height dimensions as prescribed by the City. D. fighting: The operator shall install lighting fixtures on the leased premises necessary to its operation and to protect the safety of guests, patrons and employees. Lighting fixtures shall conform to the guidelines for lighting fixtures established by the City which shall have authority to review and approve the location, intensity and illuminating effects of the light fixture(s) to ensure that they present no hazard to Airport operations. E It is hereby recognized that due to existing uses, leases and other contractual agreements, limited availability of lands, variety and changes of circumstances, demands and needs, and delays encountered in obtaining governmental perrWts, or attributable to other causes, the uwumum requirements set forth herein may be eliminated or aKKVW is the public interest by further resolution or written agreement. -3 Y,— MtMMUM REOUREMENTS FOR ANY COMMERCIAL AV1A�6030 3Y: A All commercial general aviation tenants shall furnish evidence of, reasonable managerial experience and technical proficiency in the field or in a business similar to that for which a contract_is sought._ B. All commercial general aviation tenants shall be required to furnish evidence of financial worth. including an appropriate financial statement. C. All commercial general aviation tenants shall show evidence of a minimum investment in or contractual access to aircraft or equipment used for the services for which operating privileges are sought. 0. Any aircraft utilized for flight instruction or training flights must, in the judgment of the City, be able to consistently perform safely, without undue hazard to persons or property, while carrying a full fuel load and at least 340 pounds of cabin -load, and it must be able to do so within its legal operating limitations and during all meteorological conditions generally considered normal to the Lake Tahoe area. Such aircraft shall compy with applicable FAA regulations for maintenance. E All commercial general aviation tenants shall employ an adequate number of responsible, full -lime personnel schooled, trained and competent for his or her assigned duties, for the services for which operating privileges are sought. NOTE: Allowance may be made for personnel properly qualified to serve in a dual purpose capacity. V1 PROVIS A All tenants shall at all times comply with Federal aviation and other governmental regulations applicable to their operations. B. All tenants contracting for any type of operating privilege shall provide liability and property damage insurance coverage pertaining to their specific activities in the amounts required under current insurance protection policies adopted by the City Council of the City of South Lake Tahoe. All such tenants shall comply with the following: I ) To name the City of South Lake Tahoe and the lake Tahoe Airport on policies as an additional insured. 2) To require each insurance company to provide the City with proof of insurance and thirty (30) days minimum notice prior to cancellation or discontinuance of any insurance coverage. 3 ) Worker's Compensation insurance as required by the State of California. C: Alt tenants contracting for any type of operating privileges shalt: i ) Provide facilities for that business acceptable to the City; 2 ) Pay for own electric and heating charges; 3 ) Obtain and keep current City business license. _ q D. Any airport tenant having a valid and current contract with the City shall not have the right of sublease without explicit written consent of the City. AU existent contracts on the date of this Resolution shall remain in force until their expiration. E All tenants. shall provide. on -site, competent management-and promote_ their specific type of operating privilege. F. All equipment and facilities maintained by any tenant on the airport premises, including any Airport -owned equipment provided to and/or used by tenant, must at all times be kept in good, safe and workmanlike manner; neat, orderly and in good, safe workable condition. The City shall be the sole judge of the quality of the maintenance and, upon written notice, may require the tenant to perform necessary maintenance. If not undertaken as requested, the City shall have the right to perform such maintenance and to bill the cost thereof to the tenant. C The City reserves the right to enter upon the premises occupied by any tenant at reasonable times for the purpose of making inspections to determine if the conditions and requirements of this Resolution are being fully complied with. K All commercial tenants whose contract requires a percentage fee or charge shall maintain accounting records that shall be open for inspection by the City Manager or his'her designee at any time, upon good and sufficient cause shown. All tenants shall furnish the City with an annual balance sheet and profit and loss statement. t. Except for Federal, State and other governmental entities, all contracts for operating privilege between tenants and the City shall be for a duration of three to five years, unless negotiated over a longer period to allow the tenant to amortize his capital investment costs, and may contain an annual revisioh clause _regarding tenant fees related to specific operating privileges. J. AH tenants contracting for any operating privilege under this Resolution shall pay: } A base rent for all space(s) occupied determined by the then curent ground, ramp, hangar, office or other space rental rates as established by the City. 2) A fuel flowage fee and/or a percentage of gross receipts (as applicable). 3 ) A monthly rental for any Airport -owned equipment provided to tenant. 4 } For all licenses, fees and other charges imposed by any other governmental entity. 5 j In the case of aircraft sales, a percentage of gross receipts. K. Additional standard items that wiA be included in the lease: I } Sanctions for failure of tenant to compfy with City rules and guidelines: 2) Provisions for insolvency or bankruptcy of tenant; 3 j Compliance with 1308 of the Federal Aviation Act of 1958; and 4 } Compliance with Part 21 and Title VI of the Civil Rights Act. L Tenants contracting for non- aviation oriented services such as restaurant operation, auto parking concession, car rental/lease services, cab services or ground transportation -5- providers, newsstands and gift shops shall pay to the City a percentage of gross receipts and/or an agreed base rental, Services such as travel agencies, advertising agencies, etc., . shall be handled on a case -by -case basis in substantial conformance with this Resolutim S M. All commercial tenants contracting or privileges involving aircraft sales and/or 9 P 9 9 _ __ servicing will obtain appropriate permits, when required, for construction of additional facilities such as fuel storage, ramp space with tie -downs and hangars, should Airport- owned facilities not be currently available for lease. N. All tenants contracting for aircraft maintenance and repair service (powerplants, aircraft, avionics, etc.) shall be required to provide an adequate number of certified mechanics or technicians properly schooled, trained and competent for their assigned duties, to be available at feast eight (8) hours per day, five (5) days per week. Q AN tenants contracting for dispensation of aircraft fuel and consumables shall provide the following: 1 ) Transient aircraft tie -down spaces for servicing of at least thirty (30) aircraft. The operator shall also provide such minor repair services that do not require a certified mechanical rating to general aviation aircraft as can be performed efficiently on the ramp or apron parking area, but only within: the premises leased to the operator. Mobile fueling trucks shall have the right to respond to calls for fuel service on the entire aircraft parking area of the fake Tahoe Airport, but shall not, however, have the right to solicit such fuel service outside the premises leased to the operator. 2) The operator shall make provision for the transportation of pilots and passengers of transient general aviation aircraft using the operator's facilities and services from and to the operator's office within the general aviation terminal area(s). Due care shall be exercised to insure no general aviation persons shall intrude upon the commercial airline secure ramp. 3) All fueling equipment used must be approved by the State Fire Marshall. 4) An adequate number of employees schooled, trained and competent for his/her assigned duties, with personnel available for the dispensing of fuel during the hours beginning 6:30 a.m. or sunrise, whichever is earlier, and ending at 7:00 p.m. or sunset plus thirty (30) minutes, whichever is later, seven (7) days a week. 5) Proper equipment to store and dispense at least two grades of high quality aviation fuels, consisting of at least two 10,000 gallon fuel tanks and two metered, filtered mobile dispensers, and pay to the City all fees and rentals therefore, plus the current flowage fee per gallon on lubricants, due and payable as fuel is sold, including that used in operator's flight equipment, if any. NOTE: If City -owned fuel installation becomes available, the City may dispense aircraft fuels, provide personnel for same and collect revenue therefrom. If the City does not desire to provide personnel for aircraft fuel servicing it may pay the FBO for dispensing same on the basis of flowage fee, or may contract with an FBO for private enterprise operation. P. All tenants contracting for flight instructionlaircraft rental privileges shall be required to provide a commercial pilot with appropriate ratings. Q All tenants contracting for air taxi privileges shaU additionally be required to provide a certified commercial pilot, instrument rated. -6- J ws ---- R. AN tenants contracting for tie -down and hangarage services shall include in each rental agreement a requirement for a certificate of insurao(* ho n the aircraft owe liability and property damage coverage. Additionally, any hangar or be-down tenant shy provide to City a certificate of insurance for any vehicles they may drive upon the genera aviation ramp in the course...of accessing their aircraft.- Said coverage shall be for a minimum of $100,000 or as currently required by the City. V11. PRIOR RESOLUTIONS: Upon passage and adoption of this Resolution by the City Council of the City of South Lake Tahoe, this Resolution shall terminate and supersede that certain Resolution 1987 -15 passed and adopted by the said City Council on February 17, 1987. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE ON THIS 2nd DAY OF November ,1993, BY THE FOLLOWING VOTE: AYES COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES ABSENT Mayor A17 EST: - City Seal -7- • n LJ L] RESOLUTION ESTABLISHING CITY OF SOUTH LAKE TAHOE GOALS FOR DISADVANTAGED BUSINESS ENTERPRISES FOR UNITED STATES DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 1993 -94 RESOLVED, by the City Council of the City of South Lake Tahoe, that: WHEREAS, it is necessary for the City of South Lake Tahoe to review and update goals for Disadvantaged Business Enterprises on a yearly basis: NOW, THEREFOR:, IT IS HEREBY DETERMINED AND ORDERED that: 1. The attached Exhibit "A" Disadvantaged Business Enterprise Program is adopted. 2. The Mayor is authorized to execute the policy statement indicating the City Council's approval and adoption of the Disadvantaged Business Enterprise Program. 3. These gos.:s shall be in effect for the fiscal year beginning October_ 1, 1993. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on November 2 .1993, by the following votes: AYES: Counalmembers: COLE, OSTI, KLEIN, DAVIS 4 DU QUITE • y ATTEST: _ e!2W.e,& A CITY CLERK 4 19 S 65 • It is the policy of the City of South Lake Tahoe to utilize Disadvantaged Business Enterprises (DBE) and firms as defined in 49 CFR Parr 23 in all aspects of contracting to the maximum extent feasible. This policy, which is fully described herein, constitutes policy and commitment to substantially increase DBE utilization in all program activities funded wholly or in part by any U.S. Department of Transportation model element. This Agency, its contractors and subcontractors, which are the recipients of Federal -aid funds, agree to ensure DBE firms have the ma . um opportunity to participate in the performance of contracts and subcontracts. In this regard, this Agency and all of its contractors and subcontractors will take all reasonable steps in accordance with 49 CFR Part 23 to ensure that DBE and firms have the maximum opportunity to compete for and perform contracts. II. Disadvantaged Business Enterprises (DBE) Liaison Officer Tim Oliver, Engineering Manager, is the DBE Liaison Officer for this agency for purposes of U.S. Department of Transportation Federal Highway Administration Federal Aid Funds. Richard D. French, Airport Director, is the DBE Liaison Officer for this agency for purposes of U.S. Department of Transportation, Federal Aviation Administration Federal Aid Funds. Each shall report to the City Council. The Engineering Manager and the Airport Director will be assigned such staff as is necessary to fully implement the provision of 49 CFR Part 23 and such other DBE programs as may be required. The reporting structure and duties of support staff are shown on Attachment "A." I 1_R- 0 I P tTs 11 .7 r4 • k• The DBE Liaison Officer shall develop, manage and implement the DBE Program on a day -to-day basis. The Liaison Officer shall: Develop and carry out technical assistance programs for DBEs. ° Arrange solicitations, time for the presentation of bids, quantities, specifications, and delivery schedules so as to facilitate the partidpation'of DBEs. Where such changes are found necessary to increase DBE utilization, they will be made in consultation and cooperation with the functional unit involved e Provide guidance to DBEs in overcoming barriers, such as mabihty___�, to obtain bonding or financing. ° C out information and communication programs on contracting �'y P �� ct�ng opportunities in a timely manner. Programs shall be bilingual where appropriate. Investigate the services offered by banks owned and controlled by Disadvantaged Business Enterprises. ° Unless noted elsewhere herein the listing of DBEs certified by Caltrans will be utilized. Said listing is to be made available to all project bidders. Such listing will include the following information: ­ e, address, telephone number, ethnic and/or sexual ownership, type of work performed by firm. ° Prior to approval of the substitution of any DBE subcontractor, the prime contractors will be required to prove performance of good faith efforts to replace the DBE with another eligible DBE. ° Establish a DBE overall annual goal. The goal shall be evaluated annually and adjusted as necessary. ° Establish an appropriate individual project DBE goal for each Federal Aid Project advertised. ° Perform good faith analysis when the project goal is not achieved. Maintain such documentation as is necessary to verify performance of all activities included in this program. IV. Public Notification 1. At the time of submittal of this program to the State of Department of Transportation, a notice in both minority and majority local media will be published. Said publication shall include: ° The annual overall DBE goal. ° Notification that a description of how the goal was set is available for public inspection for a period of 30 days. ° Notification that both U.S. Department of Transportation ( "DOr) and this agency wail accept comments on the goal for 45 days from the date of the notice. The notice shall advise interested parties that comments are for information purposes only. 2 n > Thin p 'ogram will be reaffirvaed by public notice annually at the time.. of publication of overall goal. If substantial changes are made to this document, the entire document shall be subject to notification noted in (1) above. 3. In addition to the foregoing, interested disadvantaged and majority contractor organizations will receive direct mailings of this complete program. V . Establishment of Goal 1. The DBE goal will be established both annually (overall) and on a per . contract basis. The overall goal will be based on planned contras; activity for the coming year. The overall goal established will be subject to methodology and procedures established in 49 CFR Part 23, Subparts (C) and (D) and flake effect on October 1 of each year. 2. The City's overall DBE goal for U.S. DOT established with this program is ten percent and covers the period October 1, 1993 to September 30, 1994. 3. Individual project goals will be established based on the following criteria: ° Attainment of established overall goals. ° Size of project. ° Opportunities for DBEs as subcontractors, vendors and suppliers. ° Minority population of geographic area in which work is to be performed. ° DBE goals being utilized in the geographic area by other state, federal or local jurisdictions. ° Availability of certified DBEs. ° Past experience on projects similar to the project being evaluated, ° Such other factors as may effect the utilization of DBEs. Complete evaluation documentation will be retained for each proms. 4. Projects which do not contain a specific goal an7i contain the following provisions. • VI. • VII. A. "E&M. It is the policy of the Department of TraaLporb'.oa that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement.' B. "DBE Obligation. W The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sea in the award and performance of DOT- assisted contracts." This program shall be implemented through the utilization of a contract special provision which will be provided/updated as necessary by Caltrans' Division of Local Streets and Roads. These procedures require bidders to submit the names of DBE subcontractors and suppliers, a description of the work each is to perform or material to be furnished, and the dollar value of each DBE subactivity. Projects will be advertised in local newspapers and minority focus newspapers when passible. These ads will include reference to DBE requirements and will indicate the DBE project goal. DBE supportive service assistance centers will receive notification of projects scheduled to be advertised Such centers will be afforded the opportunity to receive complimentary plans and specifications for projects within their geographical area of responsibility. VIII. Selecton Criteria for Projects with DBE Co Every project containing a DBE goal shall be evaluated by the DBE Liaison Officer or his/her designee to ascertain bidding contractors' efforts to attain the DBE goal The award of any project must be concurred with by the DBE Liaison Officer or his/her designee before said contract may be awarded. Should there be disagreement between functional units concerning contractors' efforts to attain contractor goals for DBE • Participation, the matter shaU be refer to the City End.neer or , "Am'" designee, for final determination. Competitors that fail to meet the DBE goal and fail to demonstrate sufficient reasonable good faith efforts shall be declared non - responsive and ineligible for award of the contract. All contracts that contain a DBE goal, pursuant to this policy, will be monitored on an ongoing basis by project personnel during the course of construction. The DBE Liaison Officer is to be immediately advised of any circumstances wherein contractor compliance with the DBE provision is questionable. The contractor shall submit a final report for each project which includes total payments to the prime contractor as well as any payments the prime contractor has made to DBE subcontractors, vendors and suppliers. If the report indicates the prime contractor has not achieved the project goal, project personnel shall attach an evaluation, in narrative form, of the reasons for failure to attain the goal and any corrective action that was taken. Prime contractors will be required to notify the Agency of any situation in which regularly scheduled progress payments are not made to DBE subcontractors, vendors or suppliers. IX. Set- Asides S If determined necessary by the DBE Liaison Officer, DBE Set - Asides will be considered as a tool to achieve annual overall goals. X Cou]2tnga DBE Participants This agency, its contractors, and subcontractors shall count DBE participation in accordance with the provisions of Section 23.47, Title 49, of the {Code of Federal Regulations. �.y � �.' � • is •.• �[.' 1. The DBE Liaison Officer shall maintain such records, and provide such reports, as are necessary to ensure full compliance with this policy. Such records and reports shall include, as a minimum, the following information: ° Awards to DBEs. ° Awards to majority contractors. ° Final project reports canoerning DBE utilization. ° Such other data as is needed to fully evaluate c omaanoe with this program- - 2. The DBE Liaison Officer shall submit reports to Caltrans and/or to,--� the appropriate U.S. DOT element as required. These reports will ® include: ° Number and dollar value of contracts awarded. ° Number and dollar value of contracts and subcontracts awarded to DBEs. Description of general categories of contracts awarded to DBEs. The percentage of the dollar value of all contracts awarded during the year which were awarded to DBEs. ° Indication as to the extent of which the percentage met or exceeded the overall goal. Reports shall be broken down separately by ethnic grouping and women -owned and controlled businesses. XII. Complaints Any complaints received by the Agency concerning this program will be investigated by the appropriate DBE Liaison Officer. The Engineering ' Manager or Airport Director will endeavor to resolve said complaints within 90 days of receipt by the DBE Liaison Officer. The appropriate DOT element and Caltrans will be furnished a copy of the complaint and may be invited to participate in the investigationlresolution. The DOT element and Caltrans will receive a complete investigative report on the complaint and may be requested to concur in the proposed disposition of said complaint. Contractors will be directed to notify the Agency of any complaints they may receive concerning this program. E-1 ' x -. ,�x.s. »a<,.su's .....,�is: �u r,.,. r.�.....,z.. .y.::.:..s.. -> •. -.:.- _.usuolx._.: ,:.,...a,.. :. sr•.::aa�. .iYn_ *:'.d�.ikapasaa:' tic: nr,^ xdoca :N�wx.�E+L:i- ..,ereEtioa+dN. .:a..srYs.e .�. _ _:.::.�. ss.:��.. CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 - 81 A RESOLUTION IDENTIFYING THE NUMBER AND TYPE OF POSITIONS ALLOCATED TO THE VARIOUS CITY DEPARTMENTS RESOLVED, by the City council of the City of South Lake Tahoe, that: �- WHEREAS, the City Council of the City of South Lake Tahoe has, thanugh the adoption of the budget, allocated positions in Iie ariou--� drapartments, and NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that: The number and type of positions allocated to the various City Departments is as set forth in Attachment "A" which is attached hereto and hereby made a part of this Resolution by reference as though fully set forth herein. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on November 2 ,1993 by the vote: AYES: CoWdImembers COLE, OSTI, KLEIN, DAVIS & i3E.i QUITE NOES: Councilmembers ABSENT: Councilmembers Mayor. JF OAr', ATTi' •A' .- 1993 -1994 y AUTHORIZED PERMANENT POS1TMS CITY COUNCIL EFFECTIVE OCTOBER 1. 19M 'Elected Position 'Council Member C(JY ADMINISTRATION Total Authorized 5.0 City Manager 1.0 City Attorney 1.0 Assistant to the City Manager 1.0 Chief of BudgetlFiscal Planer y, Y...M: 1 0 Associate/Assistant Management Analyst 1.4 ' Executive Secretary Total Authorized 6.0 CITY CLERK 'City Clerk 1.0 Assistant City Clerk 1.0 Secretary, Senior Administrative Clerk, Administrative Clerk 1.0 Total Authorized 3.0 , 'Elected Positron GENERAL SERVICES . General Services Director 1.0 Accounting Manager 1-0 Purchasing Agent 1.0 • Risk Management Coordinator 1.8 "Senior Accounting Technician/Accounting . Technician 3.0 Secretary, Senior Administrative Cleric. Administrative Clerk 2.0 Human Resources Coordinator 1.0 Information Systems Manager 1.0 Associate Programmer Analyst . 1.0 Information Systems Technician 1.0 Revenue Supervisor 1.0 Senior Revenue Teachrik ian/Revenue Technician 1.0 Total Audw iized 15.0 - -This position is hirided from the Risk rvianager:rertt ProWam. "One position is funded by 213 Public Works and W Airport. One position is in the Confidential Una two are in the Pasrbons , General Employee Una. MUS ER n :.. Treasurer Total AtrfMensd PLANNING Planning Director 1.0 Principal Planner 1.0 .,- Associate Planner, Assistant Planner, Plan'ng Technician 3.0 Code Enforcement Officer - 1.0 Administrative Secretary 1-0 PUBLIC WORKS Total Authorized 7.0 Director of Public Works/City Engineer 1.0 Associate /Assistant Management Analyst 1.0 Office Services Supervisor 1.0 Secretary, Senior Administrative Clerk, Administrative Clerk 1.0 Street Superintendent 1.0 Street Supervisor 1.0 Lead Street Maintenance Worker 2.0 Senior Street Maintenance Worker, `Street Maintenance Worker 8.4 Sign Maintenance Worker 1.4 . Fleet Manager 1.0 - Lead Mechanic _ 2.0 Equipment Mechanic 4.0 .. Inventory Control Specialist 1.0 Facilities Manager 1.0 Facilities Worker 2.0 Engineering Manager 1.0 Principal Civil Engineer 1.0: Associate Civil Engineer 1.0 Senior Public Works Inspector /Public Works inspector 2.0 Engineering Technician 1.0 - Building Official 1.0 Principal Building Inspector/Building Inspector 1.0 ' Senior Permit Technician/Permit Technician3Q Total Authorized 38.0 *Two positions shared with Parks and Recreation (equivvakut to one full-time postion in each. _ PARKS A RECREATION .. of Parks a Rems&m Recreation Sups kdmork _ = 1.0 Parks Superintendent Recreation Supearisor 3.0 Recreation Coord nahor 2.0 Lead Parks Maintenance Worker 1.0 'Senior Parks Maintenance WorkedParks Maintenance Worker - 5.0 Administrative Secretary . 1.0 Secretary, Senior Administrative Cleric, Administrative Clerk 1.0 Total Authorization 16.0 positions shared with Public Works. FIRE . Fire Chief 1.0 - Associate/Assistant Management Analyst 1.0 Battalion Chief 3.0 Fire Captain 9.0 Fire Engineer 9.0 Firefighter 14.0 Fire Equipment Mechanic 1.0 Administrative Secretary 110 Total Allocation 3.9.0 POLICE DEPARTMENT Police Chief 1.0 Police Captain 1.0 Police Lieutenant 3.0 Police Sergeant 8.4 Detective 7.0 Police Officer 32.0 Communications Supervisor 1.0 . Support Services Technician 1.0 - Police Records Leadworker 1.0 Public Safety Dispatcher 9.0 Administrative Secretary 1.0 - -° Senior Police Records TechriicardPoiic:e Records Technician - 2.0 Police Operations Worker 1.0 Evidence Technician 2.0 Senior Community Services Oificed Community Services Officer Total Authorized I'S . 5 AIRPOIIT Airport Director Airport Maintenance .. - 1.8 .. Administrative Secretary 1.0 Send Airport Teclt!ki am I scrdman =... Total Authorized i o . o HOUSING Housing Coordinator 1.4 Secretary, Senior Administrative Cleric, Administrative Clerk 0.5 a. Total Authorized . _ _a. _ :1 .5 RECAP, City Council 5.4 City Administration 6.0 City Clerk 3.4 General Services - 15.0 Treasurer 1.0 Planning 7.0 Public Works 38.0 Parks & Recreation 16.0 ® Fire Department 38.4 Police Department _ >a 71.5 Airport 10.0 Housing 1.5 Total Authorized 21 3.0 The above listing reflects the maximum number of permanent, authorized employees. Actual . job classifications of incumbents may be at a lower level within the same job famil r, dependent on the needs of the service, subject to approval by the City Manager or General Services Director. mac/Adrian RESOLUTION NO. 1993 -'82 JOINT RESOLUTION OPPOSING THE CONTINUED SHIFT OF FUNDS FOR ELDORADO COUN'T'Y, CITY OF SOUTH LAKE TAHOE .... , ......:., AND TO OTHER LOCAL GOVERNAIENTS BY THE STATE OF CALIFORNIA WHEREAS, El Dorado County and the City of South Lake Tahoe are general purpose local governments that deliver Public Health and Social Service programs, Police and Fire protection, Public Works services, recreation programs, transportation and provide for the administration of Justice for residents; and WHEREAS, the state and national recessions, coupled with several years of an overestimation by the state of its income and sales tax revenue, have severely restricted the County's and City's ability to deliver state and federally mandated Programs and basic public services; and WHEREAS, the State of California has increasingly taken funds from local government to cover its own budget deficit without regard for how its actions impact the County's and City 's ability to provide nece s sary programs; and WHEREAS, the State of California continues to s _ _ _. Pas legislation cons'gnuig Programs to local governments without providing a commensurate level of funding; and WHEREAS, the State transferred $2.6 b0fion in property fazes from local government to the State of California in 1993, this is in addition to $L3 bs`llion it ® took from local government in 1992; and • 0 WHEREAS, before and after the passage of Proposition 13, it was understood that property taxes were to be a permanent and stable source of funding for Cities and Counties; and WHEREAS, the State's take of property taxes from local government breaches this understanding; and WHEREAS, the cumulative effect of the State's ir. espen ible fiscal. practices t leave El Dorado County and City of South Labe Tahoe facing crippling budget shortfalls shattering the County's and City's ability to deliver services, leaving the most basic and essential services such as health care and police protection to face devastating cuts; and WHEREAS, for the past several years, El Dorado County and the City of South Lake Tahoe have been placed in the contrary circumstance of meeting increased service demands and mandates with reduced revenue; and WH , a healthy economy requires a healthy population and quality services and that a responsible government should provide a fundamental level of assistance for its citizens who may, at any given time, need basic support; and WHEREAS, the El Dorado County Board of Supervisors and the members of the South Lake Tahoe City Council strongly oppose further attempts by the State to take proPerty taxes from local governments; NOW, THEREFORE, BE IT RESOLVED that the State implement a complete review and audit of all state spending and budgetary procedures, including 1) review the role and purpose of state program services to identify those that are vital to our citizens, 2) evaluate operating efficiency, 3) determine methods to maximize use of tax dollars, and 4) assess Wpwtanityes for restructuring; and BE IT FURTHER RESOLVED that the Governor of the State ofCalifwnia and the California Legislature refrain from taking any more funds from local 2 i CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993-& _3 A RESOLUTION GUARANTEEING USE OF CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT FUNDS FOR THE SOUTH X TRANSFER TERMINAL WHEREAS, the City of South Lake Tahoe realizes the important of clean air for the health of its citizens and preservation of the areas aatural beauty, and WHEREAS, the Clean Air Transportation Improvement Act specifically supports all capital expenditures needed for support and efficient operation of public transit, and WHEREAS, the City of South lake Tahoe has designed a specific project to encourage and facilitate the use of public transit through the construction of a multi-modal transfer facility, and WHEREAS, all funds identified in the project application are committed to the project by the City of South Lake Tahoe, and ® WHEREAS, other funding sources will be utilized to complete this project if project costs exceed those identified in the application, and WHEREAS, the City of South Lake Tahoe has the financial and institutional ability to accept the legal liabilities associated with this project, and WHEREAS, additional state funds will not be sought for cleanup, damages or liability costs associated with hazardous waste on or below the acquired property's surface, and WHEREAS, the Clean Air and Transportation improvement Act funds allocated will not supplant funds previously planned, programmed or approved for the purpose for which the CATIA funds were awarded, and WHEREAS, the Assistant to the City Manager is hereby authorized to sign any and all documents necessary to execute a Fund Transfer Agreement, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of South Lake Tahoe, that the City affirms it commitment to directly under the CATIA non -Urban county Transit Projects program. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a regular meeting on November 16, 1993 by the following vote: • • e :.• aa�ii4i XL =, •uFJl:N";'ca4.ti'r+11w. r' :�� _...s. - s _ .. � _ _.. V`PIT, 'i .dam". Y, CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE ADOPTING THE EXPENSE REIMBURSEMENT POLICY CONCERNING CITY TRAVEL WHEREAS, the City desires to adopt the Financial Management Policy covering travel by City personnel, and; WHEREAS, Staff recommends that the attached policy, pages 1 to 5 be accepted as the official travel policy. NOW, THEREFORE, BE IT RESOLVED by the City council of the City of South Lake Tahoe that the policy be approved. PASSED AND ADOPTED by the City council of the City of South Lake Tahoe on November 16 , 1993 by the following vote: AYES: Councilmembers COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES: Councilmembers ABSENT: Councilmembers Kevin Cole, Mayor ATTEST: Cityark, (CITY SEAL O1 N i q� i. 65 C4i JF�� ... a�..____.aaa•vv� vV1aa7i�i'11l VJi7 Lll \L li�t'111l11 \ii .w ,..,:. .., „•....... - a,.... ,,,..,. , c.<. POLICY STATEMENT: This policy governs reimbursement of expenses incurred in connection with travel and attendance at meetings, conferences and training sessions on behalf of the City of South Lake Tahoe. This policy, as adopted by resolution of the City Council, applies equally to all elected officials, appointed officials, task force members, management group employees and city employees. The City will reimburse expenses only for persons in the above positions. This policy . - establishes the rules for reimbursement to help control the travel cost and to protect the traveling person by delineating appropriate items that can and will be paid for by the City. It is the intention that this policy be reviewed biannually for any appropriate changes. GENERAL STATEMENT: All person traveling on behalf of the City will seek appropriate economical travel arrangements and lodging accommodations. Whenever feasible, use of discount fares and sharing of accommodations is encouraged APPROVALS: pp required the following areas: Prior approval is re iced in all of 1. Overnight travel 2. Air Travel 3. Travel Advanocs 4. Use of reatad cam 5. Use of priva6e car ca 00- of -towrn busiacss b. Any travel which an excep6on to this poficT 7. Couacii appwvA is wgWred for travel a rode the devro western sues FINANCIAL MMATMEN'1' POL,iCY - 'iZkAVEL Page 2 of 5 Tine following persons have authority to grant required approvals: 1. The Mayor approves for Elected Officials Appointed Officials* Task Force Members* City Manager City Attorney * May be delegated in writing to the City Manager for expenses within the approved annual budget. 2. The City Manager approves for. Management Group Employees 3. Department Managers or Appointing Authority approves for. City Employees TRAVEL EXPENSE ACCOUNTING POLICIES AND PROCEDURES: All travel advances or reimbursements will be accounted for using the City of South Lake Tahoe "MeetingsiTravel Advances & Reimbursements" form Advances: With approval, the City will advance the full estimated cost of attendance at meetings, conferences and training sessions. The General Services Accounting Division will issue separate checks for lodging, registration or travel when requested. Requests for advances should be submitted as early as possible. ADVANCE CHECKS WILL BE ISSUED ONLY FOLLOWING THE COUNCIL MEETING DATE PRECEDING THE TRAVEL DATE. Requests for travel not following these procedures will be accounted for on a reimbursement basis only. If advances are not accounted for within ten days after return, the full amount of the advance will be withheld from the employee's next paycheck. If this occurs, no payment will be made until after the Council meeting which follows receipt of satisfactory expense accounting by the General Services Accounting Division. Reimbursements: Accounting for will be cmWeread swdacawy if the Wbwing documentatmi a is rereivC& 1. Signed, approved UaM farm ® Page 3 of 5 FINANCIAL MANATMENT POLICY - TRAVEL 2. Receipts for EVERY claimed expense which is $25.00 or more (Required by the IRS and California tax laws) 3. Receipts or detailed descriptions of claimed expenses under the $25.00 limit (obtain receipts wherever possible) 4. Descriptions of names, dates and business purposes of expenses claimed for others (report under "Other." on the travel form) 5. Evidence of refunding to the City of advance funds which exceed claimed expenses 6. Certificate of trip insurance when using personal auto if the person does not have ' full time insurance naming the City as additional insured Travel Advance/Reimbursement Form: Part A. Transportation Expense: The City will reimburse the actual cost of public transportation to the meeting, conference or training session. Wherever possible the use of discount fares is encouraged. With prior approval, the employee or official may use a private auto instead of public transportation. In these instances reimbursement is strictly limited to the LESSOR of the mileage reimbursement or the costs of a major carrier coach airfare as determined by the General Services Accounting Division. City paid travel time in this instance should not exceed the time required for public transportation. With prior approval, the employee or official may use a rental car. Persons granting, rental car approval should consider the nature of need for the vehicle and the alternative cost of public transportation before granting the approval. The standard mileage reimbursement rates are established at Management Group/City Manager & City Attorney: one -half IRS Rate All other Groups: Current authorized. IRS Mileage Rate, as published each year by the IRS Part B_ Lodging Expense: The City will reimburse the actual cost of reasonable lodging required for overnight travel. Cuss is the base room rate charged phis lodging taxes charged on the occupancy of the Mom All persons incurring overnight lodging costs oa behaif of floe City will seek appropriate economical lodging Wiracver frashie, sharing of accommodations is encouraged- 1. Lodging costs in private homes 2.-,- Phone calls not strictly related to City business p M 3. In roam television of movie costs 4. Persenal expenses Part C. Meal Costs: The City will reimburse meal costs at the amounts on the following table: Breakfast $ 3.75 Lunch 5 -00 Dinner 9.25 Daily Maximum $ 18.00 Advances or reimbursement requests will be adjusted to account for meals included in meetin g registration fees. Meals included in the registration fee, but not eaten, cannot be claimed for reimbursement under the above schedule_ Also, if a separate charge is made for fixed meals which are integral to a meeting or training session the City will reimburse the full cost of such a meal_ Part D. Other Costs: 1. Other Meal Costs: The daily meal rates apply to all persons covered by this policy. Meal costs for guests of the City, at a hosted function, with prior approval will be reimbursed. and are subject to reasonable costs only. These rascal costs are to be anted for under "Other" costs on the travel form. Full disclosure as to name• date, Purpose and cost must be included in the aczounts�. Under no wiff wine or bar oasts be claimed for by guests or by the employee- RESOLUTION NO. 19 9 3 - 8 5 RESOLUTION OF THE CITY OF SOUTH LAKE TAHOE APPROVING THE REVISED AND RESTATED JOINT POWERS AGREEMENT CREATING THE PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA ( PARSAC) WHEREAS, the City of South Lake Tahoe is a Member Entity of the California Municipal Insurance Authority CCMIA"), a joint powers agency providing risk management services, claims pooling and joint insurance purchase benefits to its member entities; and WHEREAS, the Executive Committee and Board of Directors of CMIA have elected to change the name of the entity to the Public Agency Risk Sharing Authority of • California ( PARSAQ and such name change makes it necessary to correct the present Joint Powers Agreement to incorporate this change of name; and WHEREAS, upon recommendation of its Executive Committee, the Board of Directors of CMIA on November 19, 1993 approved the Revised and Restated Joint Powers Agreement and recommended to all Member Entities that they approve it as well; and WHEREAS, Article XXIX of the Joint Powers Agreement provides that the Agreement may be amended by a two- thirds vote of the Board; and WHEREAS, notice of the proposed amendment was mailed to all Member Entities on October 15, 1993, providing at least thirty (30) days notice of the proposed amendment; and WHEREAS, this city council has reviewed the materials prided by PARSAC on the Revised and Restated Joint Powers Agreement and the summary of changes thereto; NOW. THEWTORE, BE IT RESOLVED by the City Council of the City of Soutb Late Taboe dig the Rievisod and ReAaled Jana Powers Agveement Creating the LJ 0 La TARLE OF CON �� ARTICLE I DEFINITIONS .............................................................. 2 ARTICLE II PARTIES TO AGREEMENT........................................... 4 ARTICLE III PURPOSES.... :...........:.... ............ ............................... 5 ARTICLE IV CREATION OF THE PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA ... ............................... 5 .. A R T I C L E V TERM O F AGREEMENT ............................................... 6 : - ARTICLE VI POWERS OF PARSAC .................. ARTICLE VII RFSPONSIBIL i M OF MEMBER ENTITIES ..................... ? ARTICLE VIII BOARD OF DIRECTORS .......... .............. ARTICLE IX OFFICERS .................................. ............................... 11 ARTICLE X EXECUTIVE CONavII I TEE ....................... ...................... i I ARTICLE XI ADMTNIS T RATI ON ............ ............................... _ ......... 12 ARTICLEXII BUDGET ....... ........ ....................... ........................ 12 ARTICLE )M ANNUAL AUDITS AND REVIEWS .. ............................... 12 ARTICLE XTV ESTABLISHMENT AND ADMINISTRATION OF FUNDS..... 13 ARTICLE XV SUPPORT OF PARSACS GENERAL EXPENSES ................ 15 ARTICLE XVI . DEPOSIT PREMIUMS ................... ............................... 15 ARTICLE XVII LIABILITY PROGRAM ................................................. 15 ARTICLE XVIII MEMORANDUM OF COVERAGE FOR THE LIABILITY PROGRAM., .. ............................... 16 ARTICLE XIX S.I.R. MANDATORY RESERVE.... ... ............................ I6 . . ARTICLE XX RETROSPECTIVE PREMTUM ADJUSTMENTS AND ASSESSMENTS .............. ............... 16 ARTI(:LE = PROGRAMS ................................................ ...... 16 ARTICLE 3QH ICM MEMBERS ........................... _.............. .............. 17 ARTICLE )CKM V irfIiDRAWAL ......................................................... . 17 La -, •. ARTICLE X?QV -.. n:�._ ��:...1...., s s..aa,.. �. � y , ��ia.. - , w.+., ,.:.. EXPULSION. ............................................................. 1O • ARTICLE XXV EFFBCT OF WITHDRAWAL OR EXPULSION ON MEMBER ENTITY'S RESPONSIBILITIES ARTICLE XXVI 'TERMINATION OF AGREEMENT AND DISTRIBUTION OF ASSE' I' S .... ............................... 21 ARTICLE )D VII NOTICES ................. .................... ........... ARTICLE XXVITT PROHIBPIION AGAINST ASSIGNMENT .......................... 22 '1'S 22 ARTICLE X77GXX AMFNDMEN ..................... ................................ ARTICLE XXX SEVERABILHY ..... ........................... . . .. ARTICLE XXXI AGREEMENT COMPLETE ............................................ 23 ARTICLE XXXII FILING WITH SECRETARY OF STATE ................: :........ 24 APPENDIX 'A" LIST OF MEMBER ENTITIES........... ................ AL L IC E: "u .. i�vG AUTHORITY OF CALIFORNIA �FARSACj : : v;CY Ria , } JOINT POWERS AGRFEKENT THIS AGREEMENT is made in the State of California by and among those municipalities organized and existing under the laws of the State of California, hereinafter referred to as "Member Entity[ies],- which are parties signatory to this Agreement. All such Member Entities are listed in Appendix 'A,' which is attached hereto and made a part hereof. RECITALS _ A. California Government Code Section 6500 and following permits two or more public agencies by agreement to jointly exercise any power common to the contracting ng parties. B. California Government Code Section 900.4 permits a local public entity to self - insure, purchase insurance through an authorized carrier, or purchase insurance through a surplus line broker, or any combination of these; and C. California Government Code Section 990.6 provides that the cost of insurance provided by a local public entity is a proper charge against that local public entity. D. California Government Code Section 990.8 permits two or more local entities to, by a joint powers agreement, provide insurance for any purpose by any one or more of the methods specified in Government Code Section 990.4 and provides that such pooling of self - insured claims or losses does not constitute the business of insurance under the California insurance Code. E. Labor Code Section 3700[cj permits all political subdivisions of this State, including each member of a pooling arrangement under a joint exercise of power agreement, to request a certificate of consent from the Division of Industrial Welfare to self - insure against worker compensation claims. . F. Fick of the Member F.nbmies w kkk is a party to this Agreement desires to join with the other Member Fries to fund prognrns of iusardnoe for workers compensation, &abilitp, preQaty and other coverages to be deterauinod zd for purposes set forth other in Arfi& IH of this Agreement. -l- F. " Covered Laye shall mean a Program's layers] of coverage in exchange ; rag hange for which a Member Entity Pays a Deposit Premium. G. "Covered Loss" shall mean any loss resulting from a claim or claims against a Member Entity which is in excess of its Self- Insured Retention and which is covered by any of PARSAC's Memorandums of Coverage [or insurance policy related to a PARSAC Program]. H. "Deposit Premium" shall mean the estimated amount determined for each Member Entity necessary to fund each layer of coverage for each Policy Year of each Program of PARSAC; I. "Executive Committee" shall mean that committee of the Board, constituted and exercising the authority set forth in this Agreement and in the Bylaws. J. 'Fiscal Year" shall mean the period of time ending on June 30 of each year during which PARSAC is in existence. K. "Incurred Loss" shall mean the amount of monies paid and reserved by • PARSAC to investigate, defend and satisfy a demand or demands made against a Member Entity. L. "Insurance" shall mean commercial insurance policies which PARSAC may purchase for its Member Entities, from time to times in order to effect a transfer of risk. The term "Insurance" shall not mean any self- insurance, risk - sharing or pooling of losses or risks. M. "Member Entity" shall mean any California municipality which is a party signatory to this men Agree E, including any other agency for which the City Council sits as the Goveming board. N. 'Memorandum of Coverage" shall mean the document or documents issued by , PARSAC specifying the type and arnount of coverages provided under any Program to the Entities by PARSAC, O. Wwnici X' shag mean as mcorporated General Law City, defined by Cahkwn a Goovesnmwt Code Sectk a 34102, or a Charter City, defined by California Gover>saiW Code Section 34101. - -3- P. "Participation Agreement" shall mean a written agreement between PARSAC and the Member Entities which participate in one of PARSAC's Programs, which Participation Agreement shall incorporate this agreement by reference. Q. "Policy Year" shall mean a period of time, usually 12 months, for which each a Program is to determine Deposit Premiums, Retrospective Premiums, and Retrospective Premium Adjustments. R. ram" shall mean arrangements to cover specific types of claims which' may include, but not be limited to, property, workers' compensation, and comprehensive liability claims_ S. "Retros tive Premium" shall mean, the amount determined retrospectively as each Member Entity's share of losses, reserves, expenses and interest income as may be determined periodically for any Program. T_ "Retrospective Premium Adjustment" shall mean the amount necessary to periodicall y adjust the Deposit Premium, or prior Retrospective Premiums if any, to the newly . calculated Retrospective Premium amount_ U. "Self- Insured Retention" or "SIR" shall mean she amount of loss from each occurrence which the Member Entity shall retain and pay directly and which shall not be shared by the Member Entities of PARSAC. ARTICLE II PARTIES TO AGREEMENT Each Member Entity is a party to this Agreement and agrees that it intends to, and does contract with, all other parties who are signatories of this Agreement and with such other parties as may laser be added as parties io this Agreement pursuant to Article X)M. Each Uemdw Eamy alm agrees smt the expohm or withdrawal of any Member Entity fivm this Agreement, pursuant to Article XXIV or XXHI, shall not affect this Agreement nor the . parties as so the other Member Eatities dm remaanishg. -4- E. Jointly purchase administrative and other services including but not limited to underwriting, risk management, loss prevention, claims adjusting, data processing, brokerage, accounting and legal services when related to any of the other purposes; F. Provide other joint - powers insurance authorities with risk management and related services; and G. Do all things necessary to corny out the foregoing purposes, as well as all things necessary to implement the terms of this Agreement as permitted by law. ARTICLE IV CREATION OF THE PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA Pursuant to Article I [commencing with Section 6500] of Chapter 5 of Division 7 of Title I of the California Government Code, the Member Entities hereby create a public entity, separate and apart from the parties to tins Agreement, to be know as the Public Agency Risk Sbaria$ Amdxxity of Califoria rPARSACj. Pursuant to Governmmt Code Section 650M, ft debb, fiabilit s or ohligatisoos of PAMAC sfian not cons uft debts, liabilities or abtig hoes of nap party W this Agri. However, a Member Entity may srepar-atdy contact for or aswm raespoci ility for, spocific debts, liabilities or obligations of PARSAC. -5- , ARTICLE -V TERM OF AGREEMENT This Agreement shall become effective as of the date hereof and shall continue in full force and effect until terminated in accordance with Article XXVI. ARTICLE VI POWERS OF PARSAC PARSAC shall have the powers common to its Member Entities in California and all additional powers permitted to a joint powers authority by California law, and the parties hereby authorize PARSAC to do all acts necessary to exercise such powers to fulfill the purposes of this Agreement referred - to in Article III, including, but not limited to, the following: A. Make and enter into contracts; B. Incur debts, liabilities and obligations; C. Acquire, hold, lease or dispose of real and personal property, contributions and donations of property, funds, services and other forms of assistance; D. Sue and be sued in its own name and settle any claim against it; F- Employ agents and employees; F. Acquire, construct, manage, maintain or operate buildings, works or improvements; G. Receive, collect, and disburse monies; and invest its money not required for its immediate necessities, in compliance with Government Code Section 53601:; and IL Exercise all powers necessary and proper to carry out the terms and provisions of this Agrt. These powers stall be c=dsed in the manner provided by applicable law and as set foa h is this Agreement. , ARTICLE'VII RESPONSIBILITIES OF MFIIZBER ENTITIES Each Member Entity shall comply with the following responsibilities: A. To sign this Agreement and participate in PARSAC's Liability Program; B. To sign a Membership Resolution and Participation Agreement for each Pro C.. To pay Deposit Premiums, Retrospective Premium Adjustments, and any Special Assessments to PARSAC on or before the due date; D. To appoint, elect or remove representatives to serve as director and alternate on the Board as set forth in Article VIII and the Bylaws, which representatives shall act on behalf of the Member Entity on all matters coming before the Board; E. To assure that its representative director or alternate attends at least the annual meeting of the Board; F. To assure that its representative director and alternate keep informed about PARSAC's activities and to assist them in doing so; G. To approve amendments to this Agreement as set forth in Article XXDX; - H. To file, in a prompt and timely manner, all statewide, county, and locally - mandated reports and filings, including but not limited to the Fair Political Practices Commission's Statement of Economic Disclosure and the Secretary of State's Public Agency Roster Statement of Facts; 1. To undertake an annual rile management audit of its facilities and activities, conducted by a person and/or firm approved by PARSAC's Executive Committee, and, based upon such audit report, to evidence correction, elimination and/or clarification of all noted de6cieacies or audit recommended corrections to the won of PARSAC's Executive Cam. Risk m-aagemeat acts may be required by the Executive Committee more frego ly dm annually. Risk management audits may be paid by PARSAC and charged back $a Mcmbez Fntitiet as part of the Retrospective Premium Adjustment; J. To provide PARSAC with a copy of its most recent audited annual financial y statements prepared by a Certified Public Accountant; or, if not available, provide PARSAC with the most recent set of monthly financial statements [which have not been audited]; and provide any other financial material as may be requested by PARSAC from time to time; K. To cooperate with, communicate and assist, in a timely manner, PARSAC and any insurer, claims adjuster, legal counsel or other service- provider engaged or retained by PARSAC' in all matters relating to this Agreement; L. To promptly cooperate with PARSAC to determine and/or clarify any incidents . which might become losses, the cause of any and all actual losses, and methods to bring about settlement of claims; and M. To comply with its obligations and responsibilities under this Agreement, the Bylaws, the Memorandum of Coverage, the Risk Management Standards, -PAR.SAC's policies and procedures, and any other contract or requirement [as any of the foregoing may be created or amended] necessary to implement this Agreement or any Program in which the Member Entity participates. ARTICLE VIII BOARD OF DIRECTORS Except as otherwise provided in this Agreement or in the Bylaws, the powers of PARSAC shall be exercised, its property shall be controlled, and its affairs shall be conducted by its Board of Directors, whose meetings, functions and activities shall be governed by the Bylaws: The Board shall be composed of one director who represents and acts on behalf of each respective Member Entity which participates in PARSAC's Liability Program. The number of peaces on the Board shall be equal to the number of Member Entities which participate in the Liabilitq Prog ram. In addition, each Member Entity shall appoint a second individual, as alternate director, w ba shall have the aulbordy to attend, particgx tc in, and vote at any .. - s • r meeting of the Board when the respective director is absent. Each director and alternate director shall be an elected - official or employee of the respective Member Entity, shall be appointed by the respective Member Entity's governing body, and shall serve at its pleasure. If a director or alternate ceases to be an employee or elected official of a Member Entity for any reason, his or her position on the Board and any of its committees shall immediately terminate. The Board of Directors shall have the following powers and functions: ` "t A. The Board shall exercise all powers and conduct all business of PARSAC, either : directly or by delegation of authority to other bodies or persons pursuant to this Agreement and applicable law. B. The Board shall form an Executive Committee from its membership. In the Bylaws the Board shall delegate to that Committee such powers as it sees fit. C. The Board may form such other committees as it deems appropriate in conducting PARSAC's business. D. The Board shall elect PARSAC's officers. E. The Board shall cause to be prepared and adopt PARSAC's annual operating budget. F. 'Ile Board shall develop, or cause to be developed, and shall review, modify as necessary, and adopt each of PARSAC's Programs, including all provisions . for reinsurance and administrative services necessary to .carry out such Program. G. The Board shall contract or otherwise provide for necessary services to PARSAC and to Member Entities. These necessary services may include, but shah not be limited to, risk management consenting, loss prevention and control, centralized loss reporting, achiarW conwiting, claims adjusting, and legal defense services. H. The Board, either directly at d mugh the Executive Committee, Mall provide and direct= to PARSAC's General Manager. g sr°° policy - • . ". r. wual'i'iY�sa_."+m..• cal... : =nix .. - '. . -.:;:. ,: -.. 9: -. ,. .:: - I. ' The Board shall receive and act upon reports of its committees and the General . I[anager, either directly or through the Executive Committee. I. The Board shall establish monetary limits upon any delegation of the claims payment and settlement authority, beyond which a proposed settlement must be referred to the Board for approval. K. The Board may require that PARSAC review, audit, report upon, and make recommendations with regard to the safety or claims administration functions of any Member Entity insofar as those functions are affecting PARSAC's liability or potential liability. The Board may forward any or all such recommendations to the Member Entity with a request for compliance and a statement of potential consequences for noncompliance. L. The Board shall receive, review and act upon periodic reports and audits of PARSAC's funds. M. The Board shall appoint the General Manager as Secretary of PARSAC, to ® serve at the Board's pleasure. N. The Board may amend, repeal or adopt new Bylaws, this Agreement or other key documents. O. The Board may increase, decrease, or otherwise amend the coverages, limits and other terms of any Memorandum of Coverage. P. The Board shall approve any proposal by the Executive Committee for Special Assessments from the Member Entities before such Special Assessments are billed. Q. The Board may expel a Member Entity from any Program or from membership in PARSAC pursuant to Article XXIV of this Agreement, R- T'tu Board may ratify actions of the Executive Committee, where such rati5at on is required before the action becomes fatal. S, The Board may eater into a joint venture or contractual arrangement with any soular entity and may also enter mW a merger or acquisition agreement with a sunilar entity, provided that if PARSAC is cot the surviving entity in any such merger or acquisition, such action shag regwre approval by the vote of three - fourths of die Member Entities. -10- ARTICLE X EXECUTIVE CONIIIVIITTEE The Board shall create an Executive Committee, all of whose members shall be directors. The Executive Committee shall be composed of nine [9] members, including the elected officers of PARSAC , [the President, Vice President, Treasurer, and Audi' uditor /Controller], who shall serve ex- officio and five [51 other individuals, who shall be elected by a majority vote of the Board for two-year terms at its annual meeting. The General Manager of PARSAC shall attend meetings of the Executive Committee and shall serve as its Secretary but shall have no vote_ ' The authority of the Executive Committee and provisions for its meetings shall be as stated in the Bylaws. ARTICLE XI ., ADMINISTRATION PARSAC shall have a General Manager, who may be appointed or terminated by the Executive Committee, and who shall serve as the Secretary of PARSAC. The General Manager shall attend meetings of the Board, the Executive Committee and other committees of the Board but shall have no vote and shall be responsible for the preparation and maintenance g 'mss of meetings, and reear&- of all minutes of meetings of the Board and its Committees, note _ of PARSAC. The General Manager shall also administer and supervise PARSAC's business and activities, subject to the direction and supervision by the Board and the Executive Committee, and shall be responsible for carrying out the duties set forth in the Bylaws. ARTICLE XII BUDGET The Board shall adopt an annual budget as recommended by the Executive Committee ® prior to the beginning of each Fiscal Year_ ARTICLE XIII ~ ANNUAL AUDTTS AND REVIEWS A_ Financial Audit. The Auditor /Controller shall cause an annual financial audit of the accounts and records to be prepared by a Certified Public Accountant in compliance with California Government Code Sections 6505 and 6505.5 or 6505.6 with respect to all receipts, disbursements, other transactions and entrees into the books of PARSAC. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Government Code Section 26909 and shall conform to generally accepted acwuntin standards. A report of each such audit shall be filed as a public recocd with the Board, each of the Member Entities; and each county auditor of the coRUhty in why each of die Member Entities is located. The report shall be filed within twelve { 121 months of the end of the fiscal year under examination. PARSAC shall pay all costs for such financial audit's. -12- %'' f' B. Actuarial Review. The Board shall cause an annual actuarial review to be x. prepared for each of the Programs of PARSAC and a report of such actuarial review shall be made available for inspection by the Board and the Member Entities. PARSAC shall pay all costs for such actuarial reviews. C. Claims Review. The Board shall cause an annual claims review to be prepared of the administration of the claims for each of the Programs of PARSAC. A report of such claims review shall be made available for inspection by the Board and the Member Entities,- PARSAC shall pay all costs of such claims reviews. ARTICLE XIV ESTABLISENENT AND ADMINISTRATION OF FUNDS PARSAC shall be responsible for the strict accountability of all funds and the reporting of all receipts and disbursements in accordance with generally accepted accounting principles. It will comply with all provisions of law relating to this subject, including California Government Code Sections 6505, 6505.1, 6505.5, or 6505.6. The Treasurer of PARSAC shall establish and maintain such funds and accounts as may be required by good accounting practices and by the Board. Separate accounts shall be established and maintained for each Program Year of each Program of PARSAC. Books and records of PARSAC in the hands of the Treasurer or other designated person shall be open to inspection at all reasonable times by members of the Board or authorized representatives of the Member Entities. The Treasurer shall have the custody of and disburse PARSAC`s funds. He or she may delegate disbursing authority to such persons as may be authorized by the Board to perform brat fuw iron; provided that, pursuant to Government Code Section 6505 -5, the Treastm A. Receive and acimowledge receipt of all funds of PARSAC and place them in Ibe treasury to the credit of PARSAC; -13- • • B. Be responsible upon his or her official bond for the safekeeping and disbursement of PARSAC's funds so held by him or her; d C. Pay any sums due from PARSAC as approved for payment by the Board or by any body or person to whom the Board has delegated approval authority, malting such payments from PARSAC's funds upon warrants drawn by the Auditor, D. Verify and report in writing to PARSAC and to Member Entities, as of the first day of each quarter of the fiscal year, the amount of money then held for PARSAC, the amount of receipts since the last report, and the amount paid out since the last report; E. Prepare a complete written report of all financial activities within one hundred and twenty [120] days after the close of each fiscal year for such fiscal year to the Board and to each Member Entity; and F. Receive, invest, and disburse funds in accordance with the procedures established by the Board or the Bylaws and in conformity with applicable law. Pursuant to Government Code Section 6505. 1, the General Manager, the Treasurer, and such other persons as the Board may designate shall have charge of, handle, and have access to PARSAC's property. PARSAC shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in form specified by the Board covering all officers and employees of PARSAC who are authorized to hold or disburse PARSAC's funds, and all officers and employees who are authorized to have charge of, handle, and have access to PARSAC's property. The Auditor /Controller shall draw warrants to pay demands against PARSAC when the demands have been approveq by both the President and the General Manager. .. »s �.:. .... -a..: ..:. ....r _ ....- ... -. -..'. ..l.k. ... .eairai .....':':._. ... . ..w,: -.:. -:... akwwfti. e. �r'.. aL. r+. v,.+ id6r.- - .- .iw:..,.r..vr...e:,.:eal', .raall:a.,i�.Se. -a.: -r ,- q�II�Y�Y9•. ARTICLE XViIi MEMORANDUMS OF COVERAGE z The types and amounts of coverage for each Program provided to Member Entities shall be specified in a Memorandum of Coverage which shall be issued by PARSAC to each Member Entity for each Program Year in which the Member Entity has coverage. The Board shall have the power and authority to decrease, increase, or amend the coverage provided by a Memorandum of Coverage. if any such amendment is approved by the Board during a Policy Year, no Member Entity participating in that Policy Year shall be entitled to withdraw by reason of any said amendment prior to the termination of that Policy Year. ARTICLE XIX SIR MANDATORY RESERVES The Board may determine and require that Member Entities establish and maintain mandatory loss reserves for claims which are less than Member Entities` self - insured retention [SIR] or deductible. ARTICLE XX RETROSPECTIVE PRENC UM ADJUSTMENTS AND ASSESSMENTS Retrospective Premium Adjustments for each Program shall be calculated periodically, as determined by the Board and specified in the respective Participation Agreement. The Board may determine and levy special assessments on Member Entities by majority vote. ARTICLE XXi PROGRAMS The coverage for each Policy year of each Program shad be as specifiod is ire respec&e. Participation Agr t and Memoraindurn of Coverage. All Member Entities shall participate ih the Liability Program, and subject to approval by the Board, which appwwai shall not be unreasonably widdx1d, each Member Entity may determine in which oche Programs it will participate. e_ ARTICLE XXII NEW MEMBERS Any California municipality may apply for membership in PARSAC and participation in any of PARSAC's Programs at any time. Municipalities must participate in at least the Liability Program. PARSAC shall review all requests for membership and shall determine which applicants shall be accepted for membership, in which Programs they may participate, and when such participation shall begin. Municipalities shall become new Member Entities as of the effective date of coverage under the Liability Program. Municipalities which are in the process of incorporation shall be covered only as of the effective date of incorporation. Deposit Premiums for coverage which begins during a Policy Year may be prorated for the remainder of the Policy Year, in accordance with the provisions of the respective Participation Agreement ® ARTICLE XXIII WITHDRAWAL Member Entities shall be obligated to participate in the Liability Program for rolling three -year periods [the current Policy Year plus the two next consecutive Policy Years]. Participation in other Programs shall be specified in the respective Participation Agreement. In order to withdraw from participation from the Liability Program, a Member Entity shall give PARSAC written notice of its intent to withdraw at any time during a Policy Year, which withdrawal shall be effective on the expiration of the two-year period which begins with the fast day of the next Policy Year. Withdrawal from the Liability Program shall terminate coverage under it and shall constitute withdrawal from this Agreement and from membership in PARSAC, subject to the ex- Member Entity's aontinumg obligatim under Article 30M below. ; . • • Any notice of intent to withdraw may be rescinded in writing with Executive Committee consent at any time earlier than ninety days before the expiration of the withdrawal period. [Member Entities' participation in other Programs shall be specified in the respective Participation Agreements.] Any Member Entity which withdraws as a participant in any Program may renew participation in that Program by complying with all Program rules and regulations. ARTICLE XXIV EXPULSION Regardless of its three -year commitment under the Liability Program, a Member Entity may be expelled from PARSAC or a Program either with or without cause. The General Manager shall review any lack of satisfactory performance or other problem with the Member Entity and shall attempt to resolve the matter. If the General Manager determines that the Member Entity is unwilling or unable to correct the problem, the General Manager shall present the matter to the Executive Committee. The Executive Committee may recommend to the Board that the Member Entity be expelled, either for cause or without cause. Action by the Board shall require the vote of a majority of the total number of directors. A. Expulsion Without Cause. The Executive Committee may decide to recommend that a Member Entity be expelled without cause [for no stated cause]. Written notice of the Executive Committee's recommendation for expulsion shall be delivered to the Member Entity by certified mail at least fourteen [14] days before the Board meeting at which the matter will be discussed_ -18- • • —4"%j lux vduse, we tsoarn snail appoint a hearing officer to conduct a hearing on the matter, and the hearing officer shall be responsible for all notices, procedures and reports in connection with the hearing. Written notice of the date, time and place of the hearing, along with a summary of the reasons supporting the expulsion for cause shall be delivered to the Member Enti ty at least fourteen [14] days before the hearing,, by certified . mail. The notice shall also include any guidelines concerning the procedures to be followed at the hearing. The hearing officer shall preside at the hearing and shall be responsible for the conduct of the hearing and all rulings on procedure, evidence and law during the hearing. Both the .Member Entity and PARSAC shall be represented by legal counsel at the hearing. Both parties may present written and oral evidence. A transcript of the proceedings shall be kept, either by a court reporter or by a good quality tape recorder, a written transcription of which may be prepared at the requesting party's expense. Within thirty [301 days after the hearing is declared closed by the hearing officer, he or she shall prepare written rulings of fact and law, with a recommendation for further action by the Board, and shall deliver the decision to the Member Entity and PARSAC. Within thirty [301 days after receipt of the hearing officer's decision, the Board shall consider and act on the hearing officer's recommendation_ Ile Board shall permit the Member Entity to present a written response to the hearing officer's recommendations. The Board's decision shall be final, and if it decides to expel the Member Entity, it shall also state the effective date on which coverage terminates. C. Opportunity to Reme 1. In considering the expulsion of a Member Entity, the Executive Committee shall allow the affected Member Entity a reasonable opportunity to address and remedy the reasons, if any, for the proposed expulsion_ The period of time so allowed shall be within the sole discretion of the Executive Commit. ff such a remnabie opportunity is allowed, PARSAC may require quarterly audits t~o monitor the affected Member Entity's remedial actions or any other conditions to its continued in PARSAC or . its Programs. -19- s C a : , ARTICLE XXV, EFFECT OF WITHDRAWAL OR EXPULSION ON MEMBER ENTITY'S RESPONSIBILITIES The withdrawal or expulsion of any Member Entity [the ex- Member Entity] after its participation in any Program shall not terminate its responsibility with respect to the following: A. Provide PARSAC with such statistical and loss experience data and other information as may be necessary for PARSAC to carry out the purposes of this Agreement; B. Pay to PARSAC when due any Deposit Premiums or Retrospective Premium Adjustments for each Policy Year of each Program in which it participated; C. Cooperate fully with PARSAC in determining the cause of losses in the settlement of claims; D. Cooperate with and assist PARSAC and any insurer, claims adjuster, legal counsel or other service provider engaged or retained by PARSAC in all matters relating to this Agreement or a Participation Agreement; and E. I Comply with the Bylaws, Participation Agreements, and all policies and procedures of PARSAC not inconsistent with the provisions of this Agreement aPd not inconsistent with its withdrawal from PARSAC. K1 In addition, PARSAC may retain all Deposit Premiums, amts, property of other charges paid or transferrer! to PARSAC, and the ex- Member Entity is obligated to pay any. future assessments made with respect to the Policy Years of any Program in which it participated, until all claims relating to such Policy Years] and Programs] are settled, paid or resolved, at which time PARSAC shall refund to the ex- Member Entity any premiums, deposits, or property which it has retained and which were not expended in settling, paying or otherwise resolving claims against the ex- Member Entity. ARTICLE XXVI TERMINATION OF AGREEMENT AND DISTRIBUTION OF ASSETS This Agreement shall continue in full force and effect until terminated. Termination of this Agreement shall also constitute the termination of all Participation Agreements and all Programs. This Agreement may be terminated at any time by the vote of three- fourths of the Member Entities; provided, however, that this Agreement and PARSAC shall continue to exist for the purpose of disposing of all claims, the distribution of assets, and any oher functions necessary to wind up the affairs of PARSAC. Upon termination of this Agreement, all assets of each Program of PARSAC shall be distributed among the Member Entities [and ex- Member Entities which previously withdrew or were expelled] which participated in such Programs, in accordance with and proportionate to their net premium payments made during the term of this Agreement. Such distributions shall be determined within six [5] months after the disposal of the last pending claim or other liability covered by each Program. Following the termination of this Agreement, any Member Entity which was a participant in any Program of PARSAC shall pay any additional almoant of premium, determined by the Board or its designee in ac=daooe with a preens adjustment, which may be necessary to enable final disposition of aH claims arising fro®, losses under that Program during the Member Entity's period of parUcxpahoo. �1- . .... ... v. .... ... _. .,,, ,:i.:...:.s- r.iK-- ,.,✓i...: v"..�r .. :.. w..1n4L'nAl ( = The Board is vested with all powers of PARSAC for the purpose of concluding and dissolving the business affairs of PARSAC. The Board may designate legal counsel and any . committee or person to carry out a plan of dissolution adopted by the Board. ARTICLE XXVII NOTICES Notices to Member Entities under ttds Agreement, a Participation Agreement, or Che Bylaws shall be sufficient if mailed to their respective addresses on file with PARSAC. Notices to PARSAC shall be sufficient if mailed to the address of the principal executive office of PARSAC, addressed to the General Manager. ARTICLE XXVIII PROHIBITION AGAINST ASSIGNMENT No Member Entity may assign any right, claim, or interest it may have under this Agreement, and no creditor, assignee or third party beneficiary of any Member Entity shag have any right, claim or title to any part, share, interest, fund, premium or asset of PARSAC. ARTICLE XXIX AMENDMENTS This Agreement may be amended by a two-thirds vote of the Board at any duly convened regular or special meeting; provided that, any such amendment has been submitted to the directors and the Member Entities at least thirty [30] days in advance of such meeting. Any such amendment shall become effective immediately, unless otherwise stated therein. r ARTICLE XRX SEYERABILITY . Should any portion, term, condition or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be affected thereby. ARTICLE XXXI AGREEMENT COMPLETE The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein, except as noted with respect to the Bylaws, Participation Agreements, and Memorandums of Coverage. If any provision of this Agreement conflicts with a provision of the Bylaws, a Participation Agreement, a Memorandum of Coverage or other document, such conflicting provisions shall be interpreted to avoid any such conflict, but this Agreement shall gcnern. s 0 CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1993 -86 A RESOLUTION AFFIRMING THE DENIAL OF THE CLAIM OF STEPHEN RAPKIN, ATTORNEY FOR IGNACIO RAMOS NOVOA RESOLVED,- by the City Council of the City of South Lake Tahoe that; WHEREAS, this claim against the City of South Lake Tahoe was filed October 22, 1993, in the amount of $15,000.00 alleging the claimant sustained injuries when involved in an automobile accident which were greatly aggravated because he was not taken to the hospital; AND WHEREAS, said claim is based upon the allegations set forth in these materials identified collectively as "Exhibit A ", a copy of which is attached hereto; AND WHEREAS, this claim was denied November 15, 1993; AND WHEREAS, we are seeking affirmation of the denial, of the above claim, based upon the recommendation of the City Attorney and the Deputy Risk Manager that there is no City liability; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED THAT: Upon consideration and review of all currently available information, the City Council affirms the denial of the claim of Stephen Rapkin, attorney for Ignacio Ramos Novoa. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on December 7 , 1993 by the following vote: AYES: Councilmembers COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES: Councilmembers ABSENT: Councilmembers MA MR ATTEST: S LiTil City Clerk (City Seal) t. 19 ' 6,5 ce of _ t. South--- Lake � Taho r Office of the City Attorney November 15, 1993 Stephen Rapkin, Esq. P.O. Box 2000 -151 South Lake Tahoe, Ca. 96151 re:Claim of Ignacio Ramos Novoa Dear Mr. Rapkin, The claim you filed on behalf of Ignacio Ramos Novoa, against the City of South Lake Tahoe, in the amount of $15,000 for personal injuries, was referred to this office for investigation. With the advice of the City Attorney, a determination of legal liability has been made. As you know, we are guided by public law and obligated to pay all claims where there is liability on, our part. We have reviewed all of the information submitted to us relating to your claim, and have endeavored to be absolutely fair in considering your claim. Notice is hereby given that the City of South Lake Tahoe rejects your claim on the grounds that Mr. Novoa refused medical treatment and the officers acted properly and are immune. WARNING - Under California State law, you have only six (6) months from the date this notice was deposited in the first class mail to file action regarding this claim. Federal laws differ and may require filing within a shorter period of time. See Government Code Section 945.6 for the applicable state law. Mr. Novoa may seek the advice of an attorney of his choice in connection with this matter. If he desires to consult an attorney, he should do so immediately.'.. Sincerely, Gretchen Abravanel Deputy Risk 10.anager cc: City Clerk • 1032 Tau Lane • Sow& Lame Tahoe. CA 96150 -632# • (h i4 S73 -2W • FAX Jllfi) 544 -SW TO: CiIY ATrORNEY DATE: October 22, 1993 ". ANGELA PETERSON DEPARTMENT: CrIY CLERK CLAIM OF: (name) IGNACIO RAMOS NOV'OA PRESENTED BY: (Attorneys name) STEPHEN RAPKIN BACKGROUND INFORMATION Enclosed claim is under $5000 and forwarded for your handling ; x Enclosed claim is over $5000 and forwarded for your - recommendation _ Unknown at this time or no specific dollars amount indicated Priority of Request (Provide approximate deadline date, if possible) Urgent X Due Course Long Term Submitted by_ Angela Peterson (For. Attorney's Use Only) . Action completed by: Date of Completion_ If this is a LATE CLAIM please indicate by writing LATE CLAIM at the bottom of this page, also under Attorneys name write: Ap�bon for leave to present late claim. Rev. 2/93 VPartiaslm act or omission do you claim caused the injury or damage? (Give names of city employee(s) if .- Ramos asked to be_taken.to hospital, byt SLTPD did not do so and took him _t--n jail inst-Pad `'This aus d his injuries to be greatly aggrevated Naw s and 8ddre5.Ses of 1i1tISesses - 15 0 fl 0 _ saw was .amount of chin c ompt*A d? (Atrac h 2 repair estisabes, aoctar hi Ids, ;rage rate, )Imanmt of Claia • etc-) Hnsntial rerards a ach d his aagrevated injuries caused him to have t be readmitted to hospital ten days following accident as well. Attach a diagram shoving direction and positions of autaooailes or property involved, designating clearly points of contact (if applicable). fiL S KIT Be NOWER D- C11nMG DEUNWaM1 off MW =a mat IjIM L7 DL40PP1C33W. . I have read the foregoing claim and know the contents tfzlreoE and certify that the same is true of my own imowledge except as to !hose matters which are here stated upon mV info=matum and belief and as to those matters I believe it to be true. I declare under penalty of perjiay that the foregoing is true and correct_ Person on STEPHEN RAPKIN : Name • s October 22, 1993 Date SCUM 1,N= ,UM Taft s� z� q► 96uo OCT 2//��2����1�y99V3�. Ci� .. �Q�•a, .. .•+ „r - ' _ fit : + CUM 2. Read entire fora befom completing. P] print. r CITY CURn DEPARTMENT ,.: 2. _Attach separate sheet% if neoessacy, to give full det.ailsCfTlf OF SOUTH LIKE TAHOE 3. Mails generally mist be filed no later than 6 months after :'• `• .4 ? :�• - the OOClirellOe. , ( 1, 39es) IGNACIO RAMOS NOVOA May 2, 1993 = `"`..- 8:3d pm tsame t_ . Date of Incidesit Time of !'Z ait P.O. 'Box-16028 :'= ^° Rocky Point, STL CA ' Mai uq Address P t 1154 Bowers, ' ; . - yes Ins there a Police Report? Street Address - South Lake Tahoe, CA ' :, ,as there �yn:,ury? yes ` Qty State Zip U-sere was injured taken? jail 37' 544 -5218 �? SLTPD Age Home Phone Bls. �c Notices to be sent to; STEPHEN RAPKIN Attorney - (if other than above) Name :. _ � p to ClAimant Age � P.O. Box 2000 -151, South —E Lake'Tahoe, CA 96151 (916) 542 -0908 Rail iV-kL Address . City - .. state acme _ Bus. Phom How did damage or injury ooc r? Mr. Ramos was in an auto accident and arrested for DUI . - He suffered paraduodenal hematoma, duodenal compression and blood loss anemia._ VPartiaslm act or omission do you claim caused the injury or damage? (Give names of city employee(s) if .- Ramos asked to be_taken.to hospital, byt SLTPD did not do so and took him _t--n jail inst-Pad `'This aus d his injuries to be greatly aggrevated Naw s and 8ddre5.Ses of 1i1tISesses - 15 0 fl 0 _ saw was .amount of chin c ompt*A d? (Atrac h 2 repair estisabes, aoctar hi Ids, ;rage rate, )Imanmt of Claia • etc-) Hnsntial rerards a ach d his aagrevated injuries caused him to have t be readmitted to hospital ten days following accident as well. Attach a diagram shoving direction and positions of autaooailes or property involved, designating clearly points of contact (if applicable). fiL S KIT Be NOWER D- C11nMG DEUNWaM1 off MW =a mat IjIM L7 DL40PP1C33W. . I have read the foregoing claim and know the contents tfzlreoE and certify that the same is true of my own imowledge except as to !hose matters which are here stated upon mV info=matum and belief and as to those matters I believe it to be true. I declare under penalty of perjiay that the foregoing is true and correct_ Person on STEPHEN RAPKIN : Name • s October 22, 1993 Date ;.. ... �_s.w�,...,,..c.�w.e ..._ ,, .�.. .:.. .. •.. ,..... .. .n.�u ,.,.r.: _ - -_.... ..ir.,. . - .,.._ .a.x....:. ... a:xE CITY OF SOUTH LAKE TAHOE RESOLUTION NO. 1 993 -87 RESOLUTION AUTHORIZING EXECUTION OF APPLICATION FOR FINANCIAL ASSISTANCE FROM THE STATE BOATING SAFETY AND ENFORCEMENT AID PROGRAM. WHEREAS, the City of South Lake Tahoe desires to continue its.. boating safety and enforcement program to be funded in part from funds made available through Section 663.7 of the Harbors and Navigation Code. AND WHEREAS, the Chief of Police for the City of South Lake Tahoe, is authorized on its behalf to submit the attached application for financial aid to the State Department of Boating and Waterways and he is authorized to execute on behalf of South Lake Tahoe Police Department the attached application for a boating safety and enforcement program. NOW, THEREFORE, it is hereby determined that the City Council of the City of South Lake Tahoe does authorize execution of application for financial assistance from the State Boating Safety and Enforcement Aid Program. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe at a regular meeting on _December 7, 1993, by the following vote: AYES COLE, OSTI, KLEIN, DAVIS & DU QUITE NOES ABSENT A T: MAYOR 2 city erk "-- �, 19 55 a' 4L 1�OFt��Q , C. is WHEREAS, the City Council of the City of South Lake Tahoe is a contracting Public Agency of the Public Employees` Retirement System; and WHEREAS, the City of South Lake Tahoe desires to provide an additional designated period of Two Years Additional Service Credit (Section 20818) based on the contract amendment included in said contract which provided for Two Years Additional Service Credit (Section 20818) for eligible members; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe does seek to add an additional designated period, and does hereby authorize this Resolution, indicating a desire to add an additional designated period from January 1, 1994 through March 31, 1994 for eligible members in the miscellaneous and safety groups. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on December 73, 1993 (to be effective January 1, 1994) by the following vote: AYES: Councilmembers COLE, OSTI, KLEIN, DAVIS & DU QUITE. r " NOES: Coundimembers ABSENT: Councilmembers ATTEST: RL CAL Mayor i ONE CAL Mayor i -- 17 7 F - - PUBGLC EMPLOYEES' RETIREMENT fiYSTEM1 Contract Services Div,01" a PuWlc Aleacy Comm Services P. O. Box 942709 Sacramento, CA 94229 -2704 (916) 326- 342E1 (916) 326 -3240 (TDD) CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct dopy of a Resolution adopted by the City Council of the (governing body) City of South Lake Tahoe (public agency) on December 7, 1993 (date) Clerk/ff etary City Clerk ,. Title L qk 5 F� 9s > 19 b5 - c4c�FoR�' PEILS-CON -12 - r C0600 (it". 12/'92 0 • U PUBLIC EMPLOYEES' RETIREMENT SYSTEM Cowaa SeMces Divisiaa' ... ..._ . ' . , . Public Agency Contract Services P. O. Box 942709 Sacramento, CA 94229-2709 (916) 326 -3420 (916) 326 -3240 (MD) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and /or the increase in retirement benefit(s) have been made public at a public meeting of the City Council (governing body) of the City pf South Lake Tahoe _ (public agency) on December 7, 1993 which is at least two weeks prior to the adoption of the (date) Resolution / Ordinance. PERS WN -12A 00601 (Rev. 12t92). • • A :1, PUBLIC EMPIAYEES' REi7REMEM' SYSTEM r taoOlraot Services Divwaa Public Agency Cow= S P. 0, Box 942709 Sacrameato, CA 942"29-27W"' 42"29-2. (916) 326 -3420 (916) 326 -3240 (TDD) CERTIl1CATlON OF COMPLIANCE WITH GOVERNMENT CODE SECTION 20818 In accordance with Government Code Section 20818 and the contract between the Public Employees' Retirement System, the City Council of the City of South Lake Tahoe hereby certifies that: 1.` ' ' Because of an impending curtailment of, or change in the manner of performing service, the " best interests of the agency will be served by granting such additional service credit. 2. Payment shall be made of the amoca equal to the actuarial equivalent of the difference between the allowance the member receives after receipt of such service credit and the amount the member would have received without such service credit with respect to all eligible employees who retire during the specified period. 3. It has elected to become subject to Section 20818 bemuse of impending mandatory transfers, demotions, and layoffs that constitute at least i percent of the job classification, department or organizational unit, as designated by the governing body, resulting from the curtailment of, or change in the manner of performing, its services. 4. Its intention at the time Section 20818 becomes operative is to keep all vacancies created by retirements under this section air at least one vacancy in any position in any department or other organizational unit permanently unfilled thereby resulting in an overall reduction in the work force of such department oc organizational unit. THEREFORE, the City Council of the City of South Lake Tahoe hereby elects to provide the benefits of Government Code Section 20818 to all eligible members who retire within the designated period, January 11, 19 9 4 through April 1, 1994 December 8, 1993 Die 00610 (Rm. 12/'92) CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE BY Presiding Officer SASH t q� r l9 65 LIM r� CITY OF SOLMH LAKE TAHOE RESOLUTION NO. 1993 -89 A RESOLUTION GRANTING AUTHORITY TO THE CITY ENGINEER TO APPROVE NOTICES OF COMPLETION FOR CITY PROTECTS RESOLVED, by the City Council of the City of South Lake Tahoe, that R _ WHEREAS, the City Council has expressed its desire to delegate authority to appropriate City personnel in carrying out certain administrative matters to ensure the greatest efficiency in City operations; and WHEREAS, upon completion of any public works project it is necessary that ,-a-Notice of Completion be prepared and recorded against the property; and WHEREAS, Civil Code Section 3093 provides that the legal owner of any property upon which a project is constructed may designate an authorized agent to prepare and record such notices as may be required in connection with completion of construction projects; NOW, THEREFORE, the City Council of the City of South Lake Tahoe does hereby authorize the City Engineer to accept completed public works projects on its behalf and further, to prepare and record Notices of Completion for any such completed projects, as required by law. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on December 7, 1993 by the following vote: AYES: Councilmembers COLE, OSTI, KLEIN, DAVIS & DU QUITE ` NOES Councilmembers ABSENT: Councilmembers Mayor ATTEST: (City Seal) ^may..,.. .7 ' 'a4'a..s. a•. _: .e®.r...,. .,.e..w.. F ... a ... ... .... .i:.XrY.. .rai.i' CITY OF SOUTH LAKE TAHOE RESOLTUIO NO. 1993- 90 RESOLUTION CONFIRMING APPROVAL AND AUTHORIZATION FOR MAYOR TO EXECUTE AGREEMENT BETWEEN CITY AND COTTLE., GRAYBEAL AND YAW FOR DESIGN AND ARCHITECTURAL SERVICES FOR THE SOUTH Y TRANSFER TERMINAL (PWC 1993 -172 $27,971) RESOLVED, by the City Council of the City of South Lake Tahoe, that: WHEREAS it is necessary that an agreement be entered into between the City of South Lake Tahoe and Cottle, Graybeal and Yaw for preconstruction services for the South Y Transfer Terminal project; NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED; that 1. The City Council of the City of South Lake Tahoe hereby approves the agreement between the City of South Lake Tahoe and Cottle, Graybeal and Yaw; and .. 2. The City hereby authorizes execution of said agrement by the Mayor upon approval as to form by the City Attorney. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on December 72 1993, by the following votes: AYES: Councilmembers COLE, OSTI, KLEIN, DAVIS b DU QUITE NOES: Councilmembers ABSENT: Councilmembers MAYOR ATTEST CI'T'Y SEAL �p f