HomeMy Public PortalAbout07 July 10, 2013 ExecutiveTIME:
DATE:
LOCATION:
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
9:00 a.m.
EXECUTIVE COMMITTEE
MEETING AGENDA
Wednesday, July 10, 2013
CONFERENCE ROOM A
County of Riverside Administrative Center
4080 Lemon Street, Third Floor, Riverside
':9-COMMITTEE MEMBERS ~
Bob Botts, City of Banning
Karen Spiegel, City of Corona
Terry Henderson, City of La Quinta
Rick Gibbs, City of Murrieta
Daryl Busch, City of Perris
Steve Adams, City of Riverside
Kevin Jeffries, County of Riverside, District I
John J. Tavaglione, County of Riverside, District II
Jeff Stone, County of Riverside, District Ill
John J. Benoit, County of Riverside, District IV
Marion Ashley, County of Riverside, District V
':9-AREAS OF RESPONSIBILITY ~
Reviews and makes final decisions on personnel issues
and office operational matters.
Comments are welcomed by the Committee. If you wish to provide comments to the Committee, please
complete and submit a Speaker Card to the Clerk of the Board.
COMM-EC-00007
Tara Byerly
From:
Sent:
To:
Cc:
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Attachments:
Importance:
Tara Byerly
Wednesday, July 03, 2013 3:06 PM
Tara Byerly
Jennifer Harmon
RCTC: Executive Agenda -07.10.2013
Executive Committee Agenda 07.10.2013
High
Good Afternoon Executive Committee Members:
Attached is the Executive Committee Agenda for the meeting scheduled @ 9:00 a.m. on Wednesday, July 10 in
Conference Room A. Please let me know if you have any questions or concerns. Thank you.
Respectfully,
Tara S. Byerly
RCTC
1
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE
MEETING
9:00 A.M.
WEDNESDAY, JULY 10, 2013
County of Riverside Administrative Center
Conference Room A
4080 Lemon Street, Third Floor, Riverside
In compliance with the Brown Act and Government Code Section 54957.5, agenda
materials distributed 72 hours prior to the meeting, which are public records relating to
open session agenda items, will be available for inspection by members of the public prior
to the meeting at the Commission office, 4080 Lemon Street, Third Floor, Riverside, CA,
and on the Commission's website, www.rctc.org.
In compliance with the Americans with Disabilities Act and Government Code Section
54954.2, if you need special assistance to participate in an Executive Committee meeting,
please contact the Clerk of the Board at (951) 7 87-7141. Notification of at least 48 hours
prior to meeting will assist staff in assuring that reasonable arrangements can be made to
provide accessibility at the meeting.
1. CALL TO ORDER
2. PUBLIC COMMENTS
3. APPROVAL OF MINUTES -APRIL 10, 2013
4. ADDITIONS/REVISIONS -The Committee may add an item to the Agenda
after making a finding that there is a need to take immediate action on the item
and that the item came to the attention of the Committee subsequent to the
posting of the agenda. An action adding an item to the agenda requires 213
vote of the Committee. If there are less than 213 of the Committee members
present, adding an item to the agenda requires a unanimous vote. Added
items will be placed for discussion at the end of the agenda.
RCTC Executive Committee Agenda
July 10, 2013
Page 2
5. CONTRACTS RELATED TO THE COMMISSION'S RIGHT OF WAY
DEPARTMENT
Overview
This item is for the Committee to:
1) Approve the replacement of an existing unfilled full-time equivalent
(FTE) of Capital Projects Contract and Claims Manager for a Right of
Way Senior Staff Analyst position;
2) Approve the Commission's revised Fiscal Year 2013/14 organizational
chart; and
3) Approve Agreement No. 14-31-002-00 with Southstar Engineering for
Right of Way Management Services in an amount not to exceed
$200,000.
6. AMENDMENT OF THE EXECUTIVE DIRECTOR'S EMPLOYMENT AGREEMENT
Overview
This item is for the Committee to approve the fourth amendment to the
Executive Director's employment agreement to reflect the change in the
Employer Paid Member Contribution (EPMC) and accompanying salary increase.
7. ADJOURNMENT
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE SIGN-IN SHEET
JULY 10, 2013
NAME AGENCY E MAIL ADDRESS
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RIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE
ROLL CALL
JULY 10, 2013
County of Riverside, District I
County of Riverside, District II
County of Riverside, District Ill
County of Riverside, District IV
County of Riverside, District V
City of Banning
City of Corona
City of La Quinta
City of Murrieta
City of Perris
City of Riverside
Present
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Absent
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AGENDA ITEM 3
MINUTES
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
EXECUTIVE COMMITTEE
APRIL 10, 2013
Minutes
1 . CALL TO ORDER
The meeting of the Executive Committee was called to order by
Second Vice Chair Daryl Busch at 8:45 a.m. in Conference Room A at the
County of Riverside Administrative Center, 4080 Lemon Street, Third Floor,
Riverside, California, 92501.
Commissioners Present
Steve Adams
Marion Ashley*
John J. Benoit
Bob Botts
Daryl Busch
Terry Henderson
Kevin Jeffries
Karen Spiegel*
Jeff Stone*
John Tavaglione
*Arrived during closed session
2. PUBLIC COMMENTS
Commissioners Absent
Rick Gibbs
There were no requests to speak from the public.
3. APPROVAL OF MINUTES -December 12, 2012
M/S/C (Henderson/Benoit) to approve the minutes of December 12,
201 2 as submitted.
4. ADDITIONS/REVISIONS
There were no additions or revisions to the agenda.
RCTC Executive Committee Minutes
April 12, 2013
Page 2
5. CLOSED SESSION
Conference with Labor Negotiators Pursuant to Section 54957 .6
Agency Designated Representatives: Executive Director
Unrepresented Employees: All Commission employees other than Executive
Director
There was no announcement from the closed session item.
6. CLASSIFICATION AND COMPENSATION STUDY
M/S/C (Busch/Botts) to approve the adjustment to salaries and ranges
of Commission employees based on Classification and Compensation
Study presented in closed session.
No: Jeffries
7. RESOLUTION NO. 13-005, 11RESOLUTION OF THE BOARD OF
COMMISSIONERS OF RIVERSIDE COUNTY TRANSPORTATION
COMMISSION FOR EMPLOYER PAID MEMBER CONTRIBUTIONS"
Michele Cisneros, Accounting and Human Resources Manager, provided an
overview of the Public Employees' Pension Reform Act of 2013 and the
implementation of employees' cost sharing.
M/S/C (Busch/Botts) to:
1) Implement the employees' cost sharing of the Employer Paid
Member Contribution (EPMC) of 3 percent beginning July 11,
2013, with a corresponding salary increase of 3 percent
respectively; and
2) Adopt Resolution No. 13-005, 11Resolution of the Board of
Commissioners of Riverside County Transportation Commission
for Employer Paid Member Contributions", to reflect the cost
sharing of normal pension costs by employees.
RCTC Executive Committee Minutes
April 12, 2013
Page 3
8. ADJOURNMENT
There being no other items to be considered, the Executive Committee
meeting adjourned at 9:35 a.m.
SPECIAL NOTE
Respectfully submitted,
a~~
Jennifer Harmon
Clerk of the Board
On April 11, Commissioner Kevin Jeffries submitted a request for reconsideration
for Agenda Items 5, 6, and 7. The Administrative Code states decisions of the
Committee shall be final unless a member of the Commission, within five (5) days
of the date of the decision, requests that the decision be placed on the agenda of
the next regular Commission meeting for reconsideration. Therefore, the actions
taken on these agenda items are deemed null and void and will be presented to the
Commission at its May 8 meeting.
AGENDA ITEM 5
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 10, 2013
TO: Executive Committee
FROM: Anne Mayer, Executive Director
SUBJECT: Contracts Related to the Commission's Right of Way Department
STAFF RECOMMENDATION:
This item is for the Committee to:
1) Approve the replacement of an existing unfilled full-time equivalent (FTE) of
Capital Projects Contract and Claims Manager for a Right of Way Senior
Staff Analyst position;
2) Approve the Commission's revised Fiscal Year 2013/14 organizational chart;
and
3) Approve Agreement No. 14-31-002-00 with Southstar Engineering for
Right of Way Management Services in an amount not to exceed $200,000.
BA CK GROUND INFORMATION:
The FY 2013/14 will be one of unprecedented investment in Riverside County's
transportation infrastructure that includes the acquisition of needed right of way
and beginning of construction for the $1 .3 billion State Route 91 Corridor
Improvement Project (SR-91 CIP). This project, which breaks ground in 2013, is
expected to generate 16,000 new jobs and will be the largest ever funded by the
Commission.
The Commission's Right of Way department will continue to experience an
unprecedented increase in workload due to the number of right of way acquisitions
and relocations required on the SR-91 CIP. During FY 2013/14, the Commission
expects to acquire 200 parcels worth $130 million and administer $1 00 million in
relocations. While much of this work is done primarily by consultants, all offers,
settlements, contracts, and condemnations require significant attention, review,
and approval by Commission staff. Staff believes that the bulk of this peak
workload will last approximately three years.
In an effort to meet the necessary right of way acquisition demands of the SR-91
CIP, staff is recommending using an existing unfilled FY 2013/14 budget approved
FTE position of Capital Projects Contract and Claims Manager (Range 53: $7,910 -
$10,678/mo) and replacing it with a second Right of Way Senior Staff Analyst
position (Range 43: $5,817 -$7,853/mo). This position will be a three-year term
Agenda Item 5
I
contract position and it will be eliminated at the conclusion of the SR-91 CIP right
of way acquisition activities. There is no financial impact to the FY 2013/14
budget.
One of the tasks most critical to the SR-91 CIP is the preparation of resolutions of
necessity for an estimated 60 properties over the next six months. This is critical
because the Commission is obligated to obtain legal possession of these parcels
according to the approved design-build contractor's schedule. In a recent
development, the Commission's Right of Way Manager William Von Klug has
announced his retirement. Therefore, staff is recommending the Commission
procure the services of Mark Lancaster with Southstar Engineering to provide this
much needed right of way management without losing any time on the project.
This item is being brought to the Executive Committee because it directly relates to
a personnel issue. The Commission will proceed with recruitment of a
Right of Way Manager as quickly as possible, however, this takes time and
includes some uncertainty as to the outcome.
Mark Lancaster has a history of providing high quality services to the Commission
related to resolutions of necessity and other right of way matters, most recently
about one year ago during the gap between the current and former Right of Way
Managers. The proposed contract with Southstar Engineering in an amount not to
exceed $200,000 will use the Commission's standard professional services
agreement form, and will be adequate to cover full-time services for approximately
six months, which is the period of time staff anticipates all resolutions of necessity
for the SR-91 CIP will be brought forward to the Commission.
Staff is requesting to amend the FY 2013/14 professional services budget by
$200,000 to accommodate the additional right of way management services
needed by Southstar Engineering.
Financial Information
$145,400 Est. Salary/Benefit
In Fiscal Year Budget: Yes Year: FY 2013/14 Amount: for Senior Staff Analyst
No $200,000 Southstar
Engineering
Source of Funds: l 2009 Western County Measure A l Budget Adjustment: I No
HiQhway funds Yes
GL/Project Accounting No.: 262 31 60001/61401 P003028
262 31 65520 P003028
Fiscal Procedures Approved: ~~ I Date: I 07/03/2013
Attachment: FY 2013/14 Organizational Chart
Agenda Item 5
I
Accounting Technician {2) Accounting Assistant (2) !'¢gal Counsel Hull)an Re.sources ··.·;,.x~r61n.•.st"~~or
AGENDA ITEM 6
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
DATE: July 10, 2013
TO: Executive Committee
FROM: Anne Mayer, Executive Director
SUBJECT: Amendment of the Executive Director's Employment Agreement
STAFF RECOMMENDATION:
This item is for the Committee to approve the fourth amendment to the Executive
Director's employment agreement to reflect the change in the Employer Paid
Member Contribution (EPMC) and accompanying salary increase.
BA CK GROUND INFORMA T/ON:
In October 2012, the Executive Committee placed a high priority on responding to
the new California Public Employees' Pension Reform Act. The discussion led to
the implementation of the classification and compensation review along with a
clear direction for employees to pay their share of pension costs. Staff's
recommendation, which was considered and acted upon at the April 2013
Executive Committee meeting and reconsidered and approved at its May 2013
Commission meeting, was similar to the direction of Riverside County in creating a
two-tier pension system.
New hires who are new members to the California Public Employees' Retirement
System (CalPERS) must comply fully with state requirements that offer lower
pension benefits and are required to contribute their full share of the pension
contribution. Contributions for existing employees will be phased in over a three-
year period and will gradually pay more each year with an accompanying salary
increase roughly equal to the added pension contribution. Implementation of the
first phase of requiring employees to pay their share of pension costs is effective
July 11, 2013. After a three-year period, employees will contribute 8 percent of
their salary to the pension system.
In order to implement the employees' cost sharing of the EPMC, the Executive
Director's employment agreement must be amended to reflect the change in EPMC
and annual salary. Since the Executive Director is already contributing 1 percent of
her salary toward the EPMC, the employment agreement must be amended to
reflect an increase of an additional 2 percent contribution to the EPMC. As was
done with other employees, it is recommended that a salary adjustment of $4, 717
is provided to offset the additional pension contribution resulting in an annual salary
of $240,546 effective July 11, 2013.
Agenda Item 6
Financial Information
$4,717
In Fiscal Year Budget: Yes Year: FY 2013/14 Amount: ($4,717)
$ 0
Source of Funds: I Measure A, FSP, SAFE, TUMF Budget Adjustment: I No
GL/Project Accounting No.: XXX-XX-60001
XXX-XX-61401
Fiscal Procedures Approved: ~~ I Date: I 07/01 /2013
Attachment: Employment Contract
Agenda Item 6
FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN
THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AND THE EXECUTIVE DIRECTOR
This FOURTH AMENDMENT (hereinafter referred to as "Amendment") is made and
entered into between Anne Mayer (hereinafter referred to as "Executive Director") and the
RIVERSIDE COUNTY TRANSPORTATION COMMISSION (hereinafter referred to as
"Commission") as of and to be effective July 11, 2013, in order to amend, in writing, the terms
and conditions of employment for management services by the Executive Director of the
Commission.
WHEREAS, on October 25, 2007, the Commission and the Executive Director entered
into an Employment Agreement (hereinafter referred to as "Agreement"); and
WHEREAS, on December 10, 2008, the Commission entered into a First Amendment to
the Agreement increasing the Executive Director's base salary to $222,480 per annum effective
December 10, 2008 and providing a one time payment into Executive Director's 457 plan
account, in the amount of $7,729.94, payable upon the first pay date in calendar year 2009;
WHEREAS, on October 24, 2010, the Commission employed the Executive Director an
additional term of three (3) years commencing on October 24, 2010 continuing through October
23, 2013; and
WHEREAS, on October 24, 2012, the Commission entered into a Third Amendment to
the Agreement in order to increase the Executive Director's base salary per annum; to extend the
Agreement's term for an additional four (4) years; to provide for a future annual Consumer Price
Index ("CPI") adjustment of the Executive Director's salary; and to provide for any other salary
increases the Commission's Executive Committee may approve during the Executive Director's
annual performance evaluation; and
WHEREAS, in May 2013, the Commission approved a policy requiring all employees,
including the Executive Director, to pay their full share of the Employee Paid Member
Contribution (EMPC), and the Commission is implementing this policy incrementally over fiscal
years 2013-2014, 2014-2015, and 2015-2016; and
WHEREAS, the parties now desire to amend the Agreement in order to increase the
Executive Director's base salary per annum by two percent (2%) for fiscal year 2013-2014, by
three percent (3%) for fiscal year 2014-2015, and by two percent (2%) for fiscal year 2015-2016.
NOW, THEREFORE, the parties hereto agree as follows:
1. Except as modified by this Amendment, all provisions of the Agreement shall
remain in full force and effect for the term thereof.
2. Paragraph 3 of the Agreement shall be amended in its entirety to read as follows:
17336.00000\8053580.2 1
Effective July 11, 2013, Executive Director's salary shall be Two Hundred Forty
Thousand Five Hundred Forty-Six Dollars ($240,546) per year, payable in
installments at the same time as other employees of Commission are paid,
pursuant to the procedures regularly established, and as they may be amended by
Commission. Effective July 1, 2014, Executive Director's salary shall be
increased by three percent (3%) for fiscal year 2014-2015, payable in
installments at the same time as other employees of Commission are paid,
pursuant to the procedures regularly established, and as they may be amended by
Commission. Effective July 1, 2015, Executive Director's salary shall be
increased by two percent (2%) for fiscal year 2015-2016, payable in installments
at the same time as other employees of Commission are paid, pursuant to the
procedures regularly established, and as they may be amended by Commission.
Executive Director's salary shall also be adjusted annually upwards but not
downwards in accordance with the actual percentage increase in the Consumer
Price Index -All Urban Consumers, for Los Angeles-Riverside-Orange County,
California ("CPI"), as determined by the United States Department of Labor,
Bureau of Labor Statistics for the proceeding twelve (12) months. The
Commission's Executive Committee may consider additional increases above the
CPI during the Executive Director's annual performance evaluation or at such
other time at the Committee deems appropriate. Any increase above the CPI
shall be within the complete discretion of the Commission's Executive
Committee.
[Signatures on Following Page]
17336.00000\8053580.2 2
IN WITNESS WHEREOF, the parties have executed this Amendment as of the 101h day
of July, 2013.
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
General Counsel for
RIVERSIDE COUNTY TRANSPORTATION
COMMISSION
By:
Karen S. Spiegel, Chair
EXECUTIVE DIRECTOR
Anne Mayer
Riverside County Transportation Commission
17336.00000\8053580.2 3