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2023 Aug 15 - CC PACKETAGENDA EL SEGUNDO CITY COUNCIL REGULAR MEETING TUESDAY, AUGUST 15, 2023 4.00 PM CLOSED SESSION 6.00 PM OPEN SESSION CITY COUNCIL CHAMBER 350 MAIN STREET, EL SEGUNDO, CA 90245 Drew Boyles, Mayor Chris Pimentel, Mayor Pro Tern Carol Pirsztuk, Council Member Lance Giroux, Council Member Ryan W. Baldino, Council Member Tracy Weaver, City Clerk Matthew Robinson, City Treasurer Executive Team Darrell George, City Manager Barbara Voss, Deputy City Manager Jaime Bermudez, Police Chief Michael Allen, Community Development Dir. Jose Calderon, IT Director Aly Mancini, Recreation, Parks & Library Dir. Mark Hensley, City Attorney David Cain, Interim CFO Robert Espinosa, Interim Fire Chief Rebecca Redyk, HR Director Elias Sassoon, Public Works Dir. MISSION STATEMENT: "Provide a great place to live, work, and visit." VISION STATEMENT: "Be a global innovation leader where big ideas take off while maintaining our unique small-town character." 1 Page 1 of 327 The City Council, with certain statutory exceptions, can only act upon properly posted and listed agenda items. Any writings or documents given to a majority of City Council regarding any matter on this agenda that the City received after issuing the agenda packet are available for public inspection in the City Clerk's Office during normal business hours. Such documents may also be posted on the City's website at e 1.§ e.g22qoorq and additional copies will be available at the City Council meeting. Unless otherwise noted in the agenda, the public can only comment on City -related business that is within the jurisdiction of the City Council and/or items listed on the agenda during the Public Communications portions of the Meeting. Additionally, members of the public can comment on any Public Hearing item on the agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Those wishing to address the City Council are requested to complete and submit to the City Clerk a "Speaker Card" located at the Council Chamber entrance. You are not required to provide personal information in order to speak, except to the extent necessary for the City Clerk to call upon you, properly record your name in meeting minutes and to provide contact information for later staff follow-up, if appropriate. When a Council Member duly requires AB 2449 teleconferencing to attend the City Council meeting the public will also be able to access the meeting and provide public comment via Zoom. To access Zoom from a PC, Mac, iPad, iPhone, or Android device, use URL .b. tt..ps,'//z:ooiiT us/ / 819513 32052 and enter PIN: 903629 or visit www.zoom.us on device of choice, click on "Join a Meeting" and enter meeting ID: 81951332052 and PIN: 903629. If joining by phone, dial 1-669-900-9128 and enter meeting ID and PIN. To reiterate, attending a City Council meeting by Zoom will only be used when AB 2449 is used. NOTE: Your phone number is captured by the Zoom software and is subject to the Public Records Act, dial *67 BEFORE dialing in to remain anonymous. Members of the public will be placed in a "listen only" mode and your video feed will not be shared with City Council or members of the public. REASONABLE ACCOMMODATIONS: In compliance with the Americans with Disabilities Act and Government Code Section 54953(g), the City Council has adopted a reasonable accommodation policy to swiftly resolve accommodation requests. The policy can also be found on the City's website at htt s.//www.eise un o.or / overn enL e 2ll ents/cft -.clerk. Please contact the City Clerk's Office at (310) 524-2308 to make an accommodation request or to obtain a copy of the policy. 2 Page 2 of 327 4:00 PM CLOSED SESSION — CALL TO ORDER / ROLL CALL PUBLIC COMMUNICATION — (RELATED TO CITY BUSINESS ONLY — 5-MINUTE LIMIT PER PERSON, 30-MINUTE LIMIT TOTAL) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow City Council to take action on any item not on the agenda. City Council and/or City Manager will respond to comments after Public Communications is closed. SPECIAL ORDERS OF BUSINESS RECESS INTO CLOSED SESSION: City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for purposes of conferring with City's Real Property Negotiator; and/or conferring with City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with City's Labor Negotiators. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (GOV'T CODE §54956.9(D)(1): -5- MATTER(S) City of El Segundo v. Wiseburn Unified School District, Los Angeles Superior Court Case No. 23TRCV01031. 2. Retired Police Officer Rex Flower Workers Compensation Claim (WCAB) No.:ADJ7459554). 3. Retired Police Officer Kenneth McShane Workers Compensation Claim (WCAB) No.:ADJ11083019). 4. Retired Police Officer Darrell Lewis Workers Compensation Claim (WCAB) No.:ADJ9634084). 5. Retired Fire Fighter Scott Marinez Workers Compensation Claim (WCAB) No.:ADJ2810794) CONFERENCE WITH CITY'S LABOR NEGOTIATOR (GOV'T CODE §54957.6): -2- MATTER(S) Employee Organizations: Police Management Association (PMA) and Fire Fighter Association (FFA). Representative: City Manager, Darrell George, Human Resources Director, Rebecca Redyk, Laura Droltz Kalty, and Alex Volberding. 3 Page 3 of 327 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GOV'T CODE §54956.8): - 1- MATTER(S) Wyle Park - Corner of Franklin Avenue and Maryland Street, El Segundo CA 90245 (Assessor Parcel Numbers: 4135-027-023, 006,007, 008, 009, 010, 011, 032, 033, 034, 035, 036, 025, 024) Real Property Negotiators: Darrell George, City Manager, and Mark Hensley, City Attorney Owner: Wyle Laboratories 6:00 PM — CONVENE OPEN SESSION — CALL TO ORDER / ROLL CALL INVOCATION — Pastor Rob McKenna, Bridge Church PLEDGE OF ALLEGIANCE — Mayor Pro Tem Pimentel SPECIAL PRESENTATIONS 1. El Segundo Public Library Diamond Jubilee PUBLIC COMMUNICATIONS — (RELATED TO CITY BUSINESS ONLY — 5 MINUTE LIMIT PER PERSON, 30 MINUTE LIMIT TOTAL) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. CITY MANAGER FOLLOW-UP COMMENTS — (Related to Public Communications) • Hyperion Water Reclamation Plant Update A. PROCEDURAL MOTIONS Read All Ordinances and Resolutions on the Agenda by Title Only Recommendation - Approval B. CONSENT 0 Page 4 of 327 2. City Council Meeting Minutes Recommendation - Approve Special (CCB Interviews) City Council meeting minutes of June 16, 2023, Regular City Council meeting minutes of June 20, 2023, Special (Open Session) City Council meeting minutes of June 28, 2023, Special (Joint with ESUSD-Team Building) City Council meeting minutes of June 28, 2023, Special (CCB Interviews) City Council meeting minutes of July 10, 2023 and Special (Closed Session) City Council meeting minutes of July 12, 2023. 2. Alternatively, discuss and take other action as related to this item. 3. Warrant Demand Register for May 29, 2023 through July 9, 2023 Recommendation - 1. Ratify payroll and employee benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments; and, wire transfers. 2. Approve Warrant Demand Register numbers 23A, 23B, 24A, 24B, 25A (Fiscal Year 2022-2023) and 1A (Fiscal Year 2023-2024): warrant numbers 3045830 through 3046504, and 9002932 through 9002988. **Checks 3046166, and 3046285-3046301 are replaced checks which are not placed on normal warrant register cycle. 3. Alternatively, discuss and take other action related to this item. 4. SIB 1205 State Mandated Fire Inspection Compliance Report Recommendation - 1. Adopt the proposed Resolution acknowledging receipt of the El Segundo Fire Department's annual inspection compliance report, as required by California Health and Safety Code §§ 13146.2 and 13146.3. 2. Alternatively, discuss and take other action related to this item. 5. Notice of Completion of Checkout Building Restroom Facilities Improvement Project PW 21-09 Recommendation - 1. Accept Checkout Building Restroom Facilities Improvement Project No. PW 21-09, by Union Construction Company, as complete. 2. Authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. 5 Page 5 of 327 3. Alternatively, discuss and take other action related to this item. 6. Designation of Voting Delegate and Alternate to the Cal Cities - 2023 Annual Conference & Exao Recommendation - 1. Designate a voting delegate, and two alternates to the Cal Cities Annual Conference & Expo. 2. Alternatively, discuss and take other action related to this item. 7. Continuing Appropriations for Ongoing Capital Improvement Program Projects Recommendation - 1. Approve continuing appropriations in FY 2023-24 for ongoing Capital Improvement Program (CIP) projects funded through Gas Tax, Prop C, Measure M, and Smoky Hollow Parking Lieu Fee Accounts as part of the FY 2022-23 budget. 2. Alternatively, discuss and take other action related to this item. 8. Resolution Appointing Human Resources Director Rebecca Redyk as an Alternate Board Member to the Governing Board of the Independent Cities Risk Management Authority Recommendation - 1. Adopt the proposed Resolution appointing Human Resource Director Rebecca Redyk as an alternate representative to the Independent Cities Risk Manager Authority ("ICRMA") governing board ("ICRMA Board") and maintaining Interim Chief Financial Officer David Cain as Primary Board Member and Council Member Carol Pirsztuk as an alternate representative. 2. Alternatively, discuss and take other action related to this item. 9. Waive Formal Bidding Requirements to Update the City's Hazard Mitigation Plan Recommendation - 1. Waive formal bidding requirements pursuant to El Segundo Municipal Code § 1-7-9(A) and authorize the City Manager to enter into an agreement with Emergency Planning Consultants to update the City's Hazard Mitigation Plan. 2. Alternatively, discuss and take other action related to this item. 0 Page 6 of 327 C. PUBLIC HEARINGS D. STAFF PRESENTATIONS 10. Amendment to the City Manager's Employment Agreement to Increase the Annual Base Salary Recommendation - Approve the proposed amendment to the City Manager's Employment Agreement to provide a four percent annual base salary increase ($270,000 to $280,800). 2. Adopt a resolution setting forth a corresponding salary schedule for the City Manager. 3. Alternatively, discuss and take other action related to this item. 11. First Reading of an Ordinance Amending El Segundo Municipal Code Chapter 1-6 (Personnel Merit System) to Expand the List of Positions Exempt from the Civil Service System Recommendation - 1. Introduce and waive the first reading of the proposed Ordinance amending El Segundo Municipal Code Chapter 1-6 to expand the list of positions exempt from the Civil Service System. 2. Direct staff to schedule a second reading of the Ordinance for the regular September 5, 2023 City Council meeting or as soon thereafter it may be considered. 3. Alternatively, discuss and take other action related to this item. 12. Resolution of Intention and First Reading of an Ordinance Authorizing an Amendment to the City's CaIPERS Contract to Implement Additional Government Code § 20516 Employee Cost Sharing for Classic Police Services Support Employees' Association Members Recommendation - 1. Adopt the Resolution of Intention to approve a contract amendment with the California Public Employees' Retirement System ("CaIPERS") to provide an additional 1 % employee cost sharing, as specified for classic members of the El Segundo Police Services Support Employees' Association ("PSSEA"). 2. Authorize the City Manager and City Clerk, to execute CaIPERS forms as required for submission to CaIPERS to facilitate CaIPERS contract amendment process. 7 Page 7 of 327 3. Introduce first reading by title only, with further reading waived, an Ordinance authorizing such contract amendment and schedule a second reading of the Ordinance for the regular September 5, 2023 City Council meeting or as soon thereafter may be considered. 4. Alternatively, discuss and take other action related to this item. 13. Resolutions Amending Chapter 1A2 of the City's Administrative Code for the Management Confidential Series Relating to Salary Increases and Benefit Changes, Including Retiree Health Benefit Changes Recommendation - 1. Adopt a Resolution amending the City's Administrative Code to update sections for specific unrepresented classifications covered under Chapter 1A2 Management -Confidential series. 2. Adopt a Resolution for the El Segundo Mid -Management -Confidential group amending the City's contributions for CaIPERS medical premiums consistent with the changes to Administrative Code Section 1A2.105. 3. Alternatively, discuss and take other action related to this item. 14. Urho Saari Swim Stadium Capital Campaign Recommendation - 1. Approve the proposed Urho Saari Swim Stadium Capital Campaign. 2. Alternatively, discuss and take other action. 15. Consideration of Two Acre Land Dedication Offer by CDC Mar East Campus 1 LLC to City Recommendation - Discuss the nature and extent of the easement, restrictions, and other burdens affecting the subject property and consider whether to direct the City Attorney to prepare the documentation necessary to accept the offer of dedication or have staff continue to investigate the various deed restrictions and environmental conditions affecting the site. 2. Alternatively, discuss and take other action related to this item. 0 Page 8 of 327 16. Agreement with KOA Corporation for Construction Management Services for the Urho Saari Swim Stadium ("The Plunge") Project Recommendation - 1. Authorize the City Manager to execute a professional services agreement with KOA Corporation for $998,589.82 for construction management services for the Urho Saari Swim Stadium project and authorize an additional $100,000 for contingency. 2. Alternatively, discuss and take other action related to this item. E. COMMITTEES, COMMISSIONS AND BOARDS PRESENTATIONS F. REPORTS - CITY CLERK G. REPORTS -CITY TREASURER H. REPORTS - COUNCIL MEMBERS COUNCIL MEMBER BALDINO 17. Discussion of Possibly Creating a Planning Commission Subcommittee to Review, Update, and Implement the South Bay Bicycle Master Plan and Other Multi -Model City Initiatives Recommendation - 1. Discussion and possible action to establish a Planning Commission subcommittee to review, update, and implement the South Bay Bicycle Master Plan, and other multi -model City initiatives. 2. Alternatively, discuss and take other action related to this item. 18. Alternate Uses for the Abandoned Reservoir Area at HilitoD Park Recommendation - 1. Direct staff to analyze alternate uses for the abandoned reservoir area at Hilltop Park. 2. Alternatively, discuss and take other action related to this item. COUNCIL MEMBER GIROUX 19. Diversity, Equity, and Inclusion Committee Student Representatives Recommendation - 1. Approve a one-year pilot that would appoint two adult representatives from E U D and/or DaVinci High School to the City's Diversity, Equity, and Inclusion (DEI) Committee in lieu of filling the two current vacancies. 0 Page 9 of 327 2. Alternatively, discuss and take other action related to this item. COUNCIL MEMBER PIRSZTUK MAYOR PRO TEM PIMENTEL MAYOR BOYLES I. REPORTS -CITY ATTORNEY J. REPORTS/FOLLOW-UP - CITY MANAGER CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Government Code Section §54957 (Personnel), and/or conferring with the City's Labor Negotiators. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) MEMORIALS ADJOURNMENT POSTED: DATE: August 10, 2023 TIME: 4:00 PM BY: Tracy Weaver, City Clerk 10 Page 10 of 327 W1110E]14,.1^A S, in 1935, plans for a new library in Library Park began when the Trustees of El Segundo School District deeded the land to the City. Constriction started in 1940 but was abandoned due to World War II. Constriction resumed in 1946 and was completed in 1948; and W1110E]14,.1^AS, the El Segundo Public Library has welcomed patrons young and young at heart since 1948 to celebrate the joy of literacy, creating, communicating, cultural exchange and to engage in life-long learning; and W1110E]14,.1^AS, the El Segundo Public Library offers storytimes, teen programming and summer reading programs to encourage our community's youth to begin and continue habits of reading that will benefit their personal and professional lives; and W1110E]14,.1^AS, the El Segundo Public Library also offers programs of adults and older adults, providing social educational and inspirational opportunities; and W1110E]14,.1^AS, the El Segundo Public Library provides access to computers and to the internet for students, jobseekers, and researchers to help bridge the digital divide for those who may not have access at home; and W1110E]14,.1^AS, librarians and library staff hold the professional values of diversity, equity, and inclusion to meet the needs of all users; and W1110E]14,.1^AS, the El Segundo Public Library is home to the Abbie Jean Krimmel Mesak Memorial Heritage Room that houses the City's historic collection of photographs, yearbooks, and memorabilia; and W1110E]14,.1^AS, the El Segundo Public Library has been connecting people, materials and culture to build and sustain a diverse and vibrant community; and W1110E]14,.1^AS, the El Segundo Public Library plays a vital role in supporting the quality of life within the community; and W1110E]14,.1^AS, the El Segundo Public Library engages people with services, spaces, and resources to enrich their lives and the lives of our community; and 1NO , T11111^> All 1"f11119:,, the Mayor and members of the City Council of the City of El Segundo, California, hereby recognize the valuable contributions the El Segundo Public Library has made to El Segundo, and we honor its Diamond .lubilee Birthday, celebrating 75 years of immeasurable contributions and inspiring our community. To quote Eileen Curry Hunter from her book El Segundo: Seventy-five Years, 1991: "If there is a jewel in the crown of the city as it approaches its diamond jubilee, it is the Library. A modern facility filled with points of light and tremendous potential, the library will educate, enlighten, and entertain El Segundoans far into the future. It was the vision of many and the actions guided by that vision --- residents and industry alike, pulling together, even reaching into their pockets --- that transformed yesterday's Library into a monument to El Segundo's future." , yor zero �Iem Caro(zPirsztuk Counci��Vtemder CFiris z�imente( Councir-Memder Lance Giroux Councir-Memder 4�yan Ba(dinoPage 11 of 327 SPECIAL MEETING MINUTES OF THE EL SEGUNDO CITY COUNCIL FRIDAY, JUNE 16, 2023 9.00 AM CALL TO ORDER — Mayor Pro Tern Pimentel at 9.01 AM ROLL CALL Mayor Boyles - Absent Mayor Pro Tern Pimentel - Present Council Member Pirsztuk - Present Council Member Giroux - Present Council Member Baldino - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5-minute limit per person, 30-minute limit total) None SPECIAL ORDER OF BUSINESS: 1. Conduct Recreation and Parks Commission Interviews Council conducted interviews and Council appointed Jeanette Gant to a full -term expiring June 30, 2027. Council will announce the appointments at the 6.00 PM, March 20, 2023, regular City Council meeting. ADJOURNMENT at 9.40 AM Tracy Weaver, City Clerk 1 Page 12 of 327 MEETING MINUTES OF THE EL SEGUNDO CITY COUNCIL TUESDAY, J U N E 20, 2023 CLOSED SESSION — Mayor Boyles called the meeting to order at 4.00 PM ROLL CALL Mayor Boyles - Present Mayor Pro Tern Pimentel - Present via teleconference Council Member Pirsztuk - Present Council Member Giroux - Present Council Member Baldino - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5-minute limit per person, 30-minute limit total) SPECIAL ORDER OF BUSINESS: Mayor Pro Tern Pimentel announced that Council would be meeting in closed session pursuant to the items listed on the Agenda. CONFERENCE WITH LEGHAL COUNSEL — EXISTING LITIGATION (GOV'T CODE §54956.9(D)(1): -1- MATTER(S) 1. City of El Segundo v. Wiseburn Unified School District, Los Angeles Superior Court Case No. 23TRCV01031 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Threats of Significant exposure/- to litigation pursuant to (Government Code §54956.9(d) (2) or (d)(3# -2- matter(s). 1. Government Tort Claim by Keith Puckett. 2. Charles Mallory (Former Information Technology Systems Director) Claim against the City of El Segundo. INITATION OF LITIGATION PURSUANT to (Government Code §54956.9(d)(4)): -1- matter(s) PUBLIC EMPLOYMENT (GOV'T CODE § 54957) -1- MATTER(S) 1. City Manager Performance Review CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Government Code §54957.6): - 5- MATTER(S) EL SEGUNDO CITY COUNCIL MEETING MINUTES JUNE 20, 2023 PAGE 1 Page 13 of 327 1. Employee Organizations: Police Management Association (PMA), Professional Support Services Employee Association (PSSEA), City Employees' Association (CEA), and Management Confidential (Unrepresented Employee Group). Representative: City Manager, Darrell George, Human Resources Director, Rebecca Redyk, Laura Droltz Kalty, and Alex Volberding. 2. Unrepresented Employee: City Manager City Negotiator: City Attorney Adjourned at 5.50 PM OPEN SESSION — Mayor Boyles called to order at 6.05 PM ROLL CALL Mayor Boyles - Present Mayor Pro Tern Pimentel - Present via teleconference Council Member Pirsztuk - Present Council Member Giroux - Present Council Member Baldino - Present INVOCATION — Pastor Jared McKenna, The Bridge Church PLEDGE OF ALLEGIANCE — Council Member Giroux SPECIAL PRESENTATIONS: 1. Introduction of Crime Prevention Analyst, Sirena Boskovich by Chief Jaime Bermudez. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5-minute limit per person, 30-minute limit total) Jane Katz, non-resident, commented on pedestrian safety in El Segundo and an incident that occurred in January 2022. CITY MANAGER FOLLOW-UP COMMENTS: Darrell George, City Manager gave an update on the Hyperion Water Reclamation Plant. A. Read all Ordinances and Resolutions on the Agenda by Title Only. MOTION by Council Member Giroux, SECONDED by Council Member Pirsztuk to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY A UNANIMOUS VOICE VOTE. 5/0 EL SEGUNDO CITY COUNCIL MEETING MINUTES JUNE 20, 2023 PAGE 2 Page 14 of 327 B. CONSENT: 2. Approve Special City Council meeting minutes of May 16, 2023 (Strategic Planning Session) and Regular City Council meeting minutes of June 6, 2023. (Fiscal Impact: None) 3. Approve warrants demand register for May 15 through May 28, 2023, numbers 22B and 22C: warrant numbers 3045670 through 3045829, and 9002929 through 9002931. Ratify Payroll and employee benefit Checks; Checks released early due to contracts or agreement; Emergency disbursements and/or adjustments; and, Wire transfers. (Fiscal Impact: $2,683,654.81 ($1,353,764.25 in check warrants and $1,329,890.56 in wire warrants)) 4. Waive the formal bidding process and approve the following ongoing Service Agreements and Blanket Purchase orders for FY 2023-24 in excess of $50,000 for various departments; Authorize the City Manager to execute amendment No. 5861 E with Riester Pacific, Inc. for the City's economic development and hospitality and tourism marketing services to (1) extend the term of the agreement to June 30, 2024; and (2) authorize payment for services up to $350,000 (General Fund — City Manager's Office - $275,000; and Chevron Grant Fund - $757000) 2. Authorize the City Manager to execute amendment No. 6062E with Vincent Benjamin Group, LLC to provide on -call temporary staffing services for use by various City departments for an amount not to exceed $350,000 in FY 2023-24. (General Fund — Various City Departments) 3. Authorize the City Manager to amend Agreement No. 5346G with Prosum, Inc. to provide project management and technical services for the Information Technology Services Department for an amount not to exceed $300,000 in FY 2023-24 (General Fund — Information Technology Services). 4. Authorize staff to continue to purchase gasoline and diesel fuel for City vehicles and equipment through the use of spot market purchasing for an amount not to exceed $254,500 in FY 2023-24 (General Fund - $190,000. Asset Forfeiture Fund - $13,000; Prop "A" Fund - $30,000, Water Enterprise Fund - $12,500; Wastewater Enterprise Fund - $97000). 5. Authorize the City Manager to amend the ongoing Service Agreements with amendment no. 3790W, J. Lee Engineering, amendment no. 4695L JAS Pacific, and amendment No. 5755F with CSG Consultants to provide plan check, inspections services in the amount not to exceed a combined total of $247,000 in FY 2023-24 (General Fund — Building Safety). EL SEGUNDO CITY COUNCIL MEETING MINUTES JUNE 20, 2023 PAGE 3 Page 15 of 327 6. Authorize the City Manager to amend Agreement No. 6441 C with The Centre for Organization Effectiveness to provide Citywide employee training for a total not to exceed contract amount of $175,000 in FY 2023- 24 (General Fund — Human Resources Department). 7. Authorize the City Manager to amend Agreement No. 3881 K with All Cities Management Services, Inc. for ongoing services to provide crossing guard services for the El Segundo School District for an amount not to exceed $142,750 in FY 2023-24 (General Fund — Finance Administration/ non - departmental). 8. Authorize the City Manager to amend Agreement No. 6063C with JL Group, LLC to perform confidential personnel investigations for a total not to exceed contract amount of $125,000 in FY 2023-24 (General Fund — Human Resources Department). 9. Authorize the City Manager to amend a professional Service Agreement No. 6423A with Charles Abbot Associates Inc. to provide solid waste and recycling compliance support services for the Public Works Department for an amount not to exceed $100,000 in FY 2023-24 (General Fund — Public Works/Contractual Services). 10. Authorize the City Manager to amend Agreement No. 6379D with Dennis Grubb and Associates, LLC for professional plan check services to (1) extend the term of the agreement to June 30, 2024; and (2) authorize payment for services up to $100,000 for FY 2023-24 (General Fund — Fire Department — Fire Prevention Division). 11. Authorize the issuance of a blanket purchase order to Hinderliter De Llamas & Associates (Agreement No. 3313E) to provide professional services related to sales and use tax for an amount not to exceed $100,000 in FY 2023-24 (General Fund — Finance Department - Business Services Division). 12. Authorize the City Manager to amend Agreement No. 6048C with Koff & Associates to provide human resources consulting services to include classification studies for a total not to exceed contract amount of $100,000 in FY 2023-24 (General Fund - Human Resources Department). 13. Authorize the issuance of a blanket purchase order to Metron Farnier for an amount not to exceed $100,000 in total for the purchase of single jet AMR water meters for the City's water system in FY 2023-24 (Water/Wastewater Enterprise Fund). 14. Authorize the City Manager to amend services Agreement No. 6467B with Waterline Technologies, Inc. for the purchase of all pool chemicals needed to maintain the City's recreational aquatic facilities for an amount not to exceed $100,000 in FY 2023-24 (General Fund — Public Works). EL SEGUNDO CITY COUNCIL MEETING MINUTES JUNE 20, 2023 PAGE 4 Page 16 of 327 15. Authorize the City Manager to execute an amendment to Agreement No. 6016 with KNB Consulting, LLC. for strategic public relations services and support to the Communications and Economic Development Divisions to (1) extend the term of the agreement to June 30, 2024; and (2) authorize payment for services up to $96,000 in FY 2023-24 (General Fund — City Manager— Communications & Economic Development Divisions). 16. Authorize the City Manager to amend Agreement No. 6114B with Norman A. Traub & Associates, LLC for providing public safety pre -employment background investigation services and workplace investigations for the Police Department and Human Resources for an amount not to exceed $85,000 in FY 2023-24 (General Fund — Police Department and Human Resources). 17. Authorize the issuance of a blanket purchase order to Wittman Enterprises, LLC (Agreement No. 2772C) to provide ambulance transport and fire prevention billing and collection services, and distribution of City notices of privacy practices to the Fire Department for an amount not to exceed $80,000 for FY 2023-24 (General Fund — Fire Department — Fire Paramedic and Fire Prevention Divisions). 18. Authorize the City Manager to amend Agreement No. 6120B with Four Star Investigations, LLC to conduct administrative investigations for a total not to exceed contract amount of $75,000 in FY 2023-24 (General Fund — Human Resources Department). 19. Authorize the City Manager to amend Agreement No. 6010C with Crowdstrike, Inc. to provide cybersecurity services and software for an amount not to exceed $71,500 in FY 2023-24 (General Fund — Information Technology Services). 20. Authorize the issuance of a blanket purchase order to Tyler Technologies/Eden Financial Management Systems (Agreement No. 3516E) for annual software licensing, maintenance, and support for an amount not to exceed $68,500 in FY 2023-24 (General Fund — Information Technology Services). 21. Authorize the City Manager to amend Agreement No. 3912K with Westchester Medical, Inc. to extend the term to June 30, 2024, and authorize the issuance of a purchase order for professional medical services for an amount not to exceed $60,000 in FY 2023-24 (General Fund — Fire Department; Police Department & Human Resources). 22. Authorize the issuance of a blanket purchase order to Baker & Taylor Information Services for supplying books and other library materials for an amount not to exceed $57,509 in FY 2023-24 (General Fund — Recreation, Parks and Library Department). EL SEGUNDO CITY COUNCIL MEETING MINUTES JUNE 20, 2023 PAGE 5 Page 17 of 327 23. Authorize the issuance of a blanket purchase order to Marc Cohen (Agreement No. 6424) for Medical Director consulting services for the El Segundo Fire Department for an amount not to exceed $54,000 in FY 2023-24 (General Fund — Fire Department). 24. Authorize the City Manager, or designee, to execute any agreements, amendments, or other documentation necessary to effectuate the approvals referenced above and described in this report. 25. Alternatively, discuss and take other action related to this item. (Fiscal Impact: 3,191,759 included in adopted FY 2023-24 budget) 5. Authorize acceptance of a $4,765.56 award from the U.S. Department of Justice (USDOJ), Bulletproof Vest Partnership (BVP) Program to support the El Segundo Police Department (ESPD). The purpose of the BVP Program is to reimburse local jurisdictions up to 50 percent of the cost of body armor vests purchased for law enforcement officers. The award is valid from April 1, 2022, to August 31, 2024, authorize acceptance of the Officer Wellness and Mental Health Grant award for $37,912.46 from the Board of State and Community Corrections (BSCC) to support the ESPD. The Officer Wellness grant is for the purpose of improving officer wellness and expanding mental health sources. The award is valid from January 1, 2023, to October 31, 2024, and appropriate USDOJ BVP Program grant and Officer Wellness and Mental Health grant revenues and expenditures for fiscal year 2022-2023, and carry over the unspent balances to fiscal year 2023-2024. (Fiscal Impact: $ USDOJ BVP Grant - New projected grant revenue of $4,765.56 - Revenue Account: 124-300-3101-3788 and New appropriations of $4,765.56 for vest purchase - Expense Account 124-400-3101-3788 The remaining amount of $4,734.44 ($9,500.00 total vest cost deducting grant award) will come from PD general fund account 001-400-3101-4215. No additional appropriation is requested. Officer Wellness and Mental Health Grant - New grant revenue of $37,912.46 (received on February 18, 2023) - Revenue Account: 125-300-3101-3777 New appropriations of $37,912.46 - Expense Account: 125-400-3101-3777)) 6. Accept the Construction of CDBG Project 602294-20 City Hall Public Restrooms ADA Improvements by Corral Construction & Development, Inc and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. (Project No. PW 21-08) (Fiscal Impact: $210,221.50 included in adopted FY 2021-22 budget) 7. Authorize the City Manager to execute Standard Public Works Construction Contract No. 6685 with Hardy and Harper, Inc. for $1,635,000 for the award of the FY 2023-24 Pavement Rehabilitation Project, and authorize an additional $163,500 as contingency funds for potential unforeseen conditions, authorize the City Manager to execute standard Professional Services Agreement No. 6694 with Anser Advisory Management, LLC in the amount of $81,663 for construction EL SEGUNDO CITY COUNCIL MEETING MINUTES JUNE 20, 2023 PAGE 6 Page 18 of 327 inspection and testing services and authorize an additional $8,166 for construction related contingencies, and appropriate $388,329 from Measure R Fund for FY 2023-24. (Project No. PW 23-01) (Fiscal Impact: $ $1,500,000 included in FY 2023-24 budget and an additional appropriation of $388,329 from Measure R fund)) 8. PULLED BY COUNCIL MEMBER BALDINO 9. Approve the revised classification specification and examination plan for the Fire Engineer position. (Fiscal Impact: None) 10. PULLED BY COUNCIL MEMBER PIRSZTUK 11. Authorize the City Manager to accept grant funds in the amount of $30,000 for the California Green Business Network Program and appropriate grant funding of $30,000 to the CaIEPA Green Business Grant Account 125-400-4801-3755 in FY 2022-23. (Fiscal Impact: New Revenue of $30,000 CaIEPA Green Business Grant (received on 3/14/2023) - Revenue Account 125-300-0000-3755 and New Appropriation of $30,000 CaIEPA Green Business Grant - Expenditure Account 125-400-4801-3755) 12. Adopt Resolution No. 5423 approving continued participation in the Los Angeles Urban County Community Development Block Grant (CDBG) Program by entering into a three-year Cooperation Agreement No. 6688 effective July 1, 2024 through June 30, 2027 with the County of Los Angeles and authorize the City Manager, or designee, to execute all contracts, in a form approved by the City Attorney, with the Los Angeles County Development Authority (LACDA), and to execute any and all documents necessary for participation in the Los Angeles Urban County CDBG Program. (Fiscal Impact: None) 13. Suspend El Segundo Municipal Code Section 7-6-8 to allow adults over 21 years of age to bring and consume alcohol at Library Park for the Summer Concerts in the Park events for 2023 and 2024. (Fiscal Impact: None) MOTION by Council Member Pirsztuk, SECONDED by Council Member Giroux, approving Consent items 2, 3, 4, 5, 6, 7, 9, 11, 12, and 13. MOTION PASSED BY A UNANIMOUS VOICE VOTE. 5/0 PULLED ITEMS: 8. Design and Plans for George Brett Field Restroom Improvements (Project PW 23-10) (Fiscal Impact: $328,000 included in adopted FY 2022-23 budget) EL SEGUNDO CITY COUNCIL MEETING MINUTES JUNE 20, 2023 PAGE 7 Page 19 of 327 Council Member Baldino pulled the item to highlight it and thank staff for the progress made on the project thus far. MOTION by Council Member Baldino, SECONDED by Council Member Pirsztuk adopting Resolution No. 5421 for the design and plans for the George Brett Field Restroom Improvements and authorize staff to advertise the project for construction. MOTION PASSED BY A UNANIMOUS VOICE VOTE. 5/0 10. Plan Adoption for City Hall Phase 2 Improvements (Project PW 23-09) (Fiscal Impact: $400,000 included in adopted FY 2023-24 budget) Council Member Pirsztuk asked questions regarding the item, wanted to make sure this item didn't impact other projects that are also scheduled to begin in the upcoming months. Mayor Boyles and Council Member Pirsztuk recused themselves to having businesses and homes in the conflict area. Elias Sassoon, Public Works Director and Barbara Voss, Deputy City Manager answered Council's questions. Council Discussion MOTION by Council Member Baldino, SECONDED by Council Member Giroux adopting Resolution No. 5422 plans and specifications for the City Hall Phase 2 Improvements and authorize staff to advertise the project for construction. MOTION PASSED BY A UNANIMOUS VOICE VOTE. 3/0 Mayor Boyles and Council Member Pirsztuk rejoined the dais. PUBLIC HEARING: 14. Public Hearing for the Adoption of a New Private Instructor Permit Fee and Policy for Instructors Utilizing City Recreation Areas Facilities (Fiscal Impact: The estimated fiscal impact from the proposed private instruction fee and permit is potential additional revenue for FY 2023-24 of approximately $20,000) Mayor Boyles stated this was the time and place for a public hearing regarding the adoption of a new private instructor permit fee and policy for instructors utilizing City recreation areas facilities. Clerk Weaver stated that proper notice had been given in a timely manner and that no written communication had been received in the Clerk's office. Darrell George, City Manager introduced the item. EL SEGUNDO CITY COUNCIL MEETING MINUTES JUNE 20, 2023 PAGE 8 Page 20 of 327 Aly Mancini, Recreation, Parks, and Library Director gave a presentation. Public Input: None MOTION by Council Member Giroux, SECONDED by Council Member Boyles to close the public hearing. MOTION PASSED BY A UNANIMOUS VOICE VOTE. 5/0 Council Discussion Mark Hensley, City Attorney read by title only; RESOLUTION NO. 5424 A RESOLUTION AUTHORIZING LIMITED PERMITTED ACTIVITIES IN PUBLIC PARKS AND ESTABLISHING A $15.00 HOURLY RENTAL FEE FOR THE ACTIVITES. MOTION by Council Member Baldino, SECONDED by Council Member Giroux adopting Resolution No. 5424. MOTION PASSED BY A UNANIMOUS VOICE VOTE. 5/0 MOTION by Council Member Giroux, SECONDED by Council Member Pirsztuk approving the private instructor permit policy with amendments requested by Council. MOTION PASSED BY A UNANIMOUS VOICE VOTE. 5/0 Amendments requested by Council; program to be a 6-month pilot program during which the program is to be evaluated. The item will be brought back to Council at the commencement of 6 months with an update and overview on how the program was received and any issues staff discovered. STAFF PRESENTATIONS: 15. El Segundo Police Department Overview Presentation and Request for Additional Staffing (Fiscal Impact: The request for additional staffing will require additional funding at midyear review) Jaime Bermudez, Police Chief gave a presentation. Council discussion Council consensus to receive and file presentation. MOTION by Council Member Giroux, SECONDED by Council Member Pirsztuk approving the request for additional staffing. MOTION PASSED BY A UNANIMOUS VOICE VOTE. 5/0 Recessed at 7.41 PM Reconvened at 7.52 PM EL SEGUNDO CITY COUNCIL MEETING MINUTES JUNE 20, 2023 PAGE 9 Page 21 of 327 16. El Segundo Connect Pilot Transportation Program (Fiscal Impact: The cost of the pilot program is $98,280. The pilot program will be funded using Proposition A funding which is allocated annually by Los Angeles County) Ryan Delgado, Recreation Supervisor gave a presentation. Council discussion MOTION by Council Member Baldino, SECONDED by Council Member Giroux approving proposed pilot public transportation program for residents, including the associated Agreement No. 6695 with Swoop, Inc. MOTION PASSED BY A UNANIMOUS VOICE VOTE. 5/0 17. Establish the Communications Coordinator (Part-time) Classification, Adopt Classification Specification and Resolution to Establish the Basic Salary Range (Fiscal Impact: None) Rebecca Redyk, Human Resources Director reported on the item. Council discussion MOTION by Council Member Pirsztuk, SECONDED by Council Member Giroux approving the establishment of the Communications Coordinator (Part-time) classification and adopting the classification specification for the Communications Coordinator (Part-time). MOTION PASSED BY A UNANIMOUS VOICE VOTE. 5/0 Mark Hensley, City Attorney read by title only: RESOLUTION NO. 5425 A RESOLUTION ESTABLISHING BASIC HOURLY SALARY RANGE FOR A PART TIME JOB CLASSIFICATION MOTION by Council Member Giroux, SECONDED by Mayor Boyles adopting Resolution No. 5425. MOTION PASSED BY A UNANIMOUS VOICE VOTE. 5/0 18. Urho Saari Swim Stadium ("The Plunge") Project Status Update Regarding the Design, Estimated Construction Costs and Schedule (Fiscal Impact: See agenda staff report for details) Elias Sassoon, Public Works Director introduced the item. Michael Wahl, Tom Moore with Arcadis, and Dennis Berkshire with Aquatics Design Group gave a presentation. Council discussion EL SEGUNDO CITY COUNCIL MEETING MINUTES JUNE 20, 2023 PAGE 10 Page 22 of 327 Council consensus to receive and file the presentation. 19. Memorandum of Understanding Agreement No. 6676 Between the City of El Segundo and the El Segundo Police Support Services Employees' Association and Amendment to the City Contributions for CalPERS Medical Premiums (Fiscal Impact: See agenda staff report for details) Rebecca Redyk, Human Resources Director reported on the item. Council discussion Mark Hensley, City Attorney read by title only: RESOLUTION NO. 5426 A RESOLUTION APPROVING AND ADOPTING THE MEMORANDUM OR UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO AND THE EL SEGUNDO POLICE SUPPORT SERVICES EMPLOYEES' ASSOCIATION BARGAINING UNIT MOTION by Mayor Boyles, SECONDED by Council Member Pirsztuk adopting Resolution No. 5426. MOTION PASSED BY A UNANIMOUS VOICE VOTE. 5/0 Mark Hensley, City Attorney read by title only; RESOLUTION NO. 5427 FIXING THE EMPLOYER CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION 008 EL SEGUNDO POLICE SUPPORT SERVICES EMPLOYEES' ASSOCIATION MOTION by Council Member Pirsztuk, SECONDED by Council Member Giroux adopting Resolution No. 5427. MOTION PASSED BY A UNANIMOUS VOICE VOTE. 5/0 E. COMMITTEES, COMISSIONS AND BOARDS PRESENTATIONS: 20. Appointment to the Recreation and Parks Commission Mayor Boyles announced the appointment of Jeanette Gant to a full -term expiring May 30, 2027 with the Recreation and Parks Commission. F. REPORTS — CITY CLERK — No report G. REPORTS — CITY TREASURER — Not present EL SEGUNDO CITY COUNCIL MEETING MINUTES JUNE 20, 2023 PAGE 11 Page 23 of 327 H. REPORTS — COUNCIL MEMBERS Council Member Baldino — Thanked the Recreation and Park staff for a job well- done on the refurbished Teen Center Open House, attended the Juneteenth Celebration at Recreation Park and gave an AB 1216 update. Council Member Giroux — Attended and gave an update from the Aquatics Subcommittee meeting. Council Member Pirsztuk — Thanked the Recreation and Park staff for the reimagining of the Teen Center and the recent Open House. Mayor Pro Tern Pimentel — Added he has heard good reviews on the refurbished Teen Center, attended Metro Board of Governors meetings and mentioned the County will take up the routing on the Green Line on Thursday and will attend the Sanitation meeting on Wednesday if back from his business trip. Mayor Boyles — Congratulated all those who worked on the Juneteenth event. I. REPORTS — CITY ATTORNEY — No report J. REPORTS/FOLLOW-UP — CITY MANAGER — No report MEMORIAL — None Adjourned at 8.52 PM Tracy Weaver, City Clerk EL SEGUNDO CITY COUNCIL MEETING MINUTES JUNE 20, 2023 PAGE 12 Page 24 of 327 SPECIAL MEETING MINUTES OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, JUNE 28, 2023 OPEN SESSION — Mayor Boyles called to order at 3.33 PM ROLL CALL Mayor Boyles - Present Mayor Pro Tern Pimentel - Absent Council Member Pirsztuk - Present Council Member Giroux - Present Ryan W. Baldino - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5-minute limit per person, 30-minute limit total) SPECIAL ORDERS OF BUSINESS- 1. Amendments to Contracts with Swoop, Inc., and Lyft for Transportation Services for Fiscal Year 2023-24 Darrell George, City Manager introduced the item. Aly Mancini, Recreation, Parks, and Library Director reported on the item. Council Discussion MOTION by Council Member Baldino, SECONDED by Council Member Pirsztuk authorizing City Manager to execute Amendment #6620A with Swoop, Inc. to increase the contract amount by $114,000 and extend the term for one year to expire on June 30, 2024 for beach shuttle and day trips services and authorize City Manager to execute Amendment #6164A with Lyft to increase the contract amount by $85,000 and extend the term for one year to expire on June 30, 2024, for on -demand transportation services. MOTION PASSED BY A UNANIMOUS VOTE. 4/0 Adjourned at 3.41 PM Tracy Weaver, City Clerk EL SEGUNDO CITY COUNCIL SPECIAL MEETING MINUTES JUNE 28, 2023 PAGE 1 Page 25 of 327 SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL AND EL SEGUNDO UNIFIED SCHOOL DISTRICT WEDNESDAY, JUNE 28, 2023 EXECUTTIVE CONFERENCE ROOM 350 MAIN STREET, EL SEGUNDO CA 90245 4:00 PM (TEAM BUILDING SESSION) 4:00 P.M. SESSION CALL TO ORDER — Mayor Boyles at 4:05 PM ROLL CALL City Council Mayor Boyles Mayor Pro Tern Pimentel @ 4:12 PM Council Member Pirsztuk Council Member Giroux Council Member Baldino City Clerk Weaver City Staff Darrell George, City Manager Barbara Voss, Deputy City Manager Jaime Bermudez, Police Chief Elias Sassoon, Public Works Director Aly Mancini, Recreation, Parks, and Library Director School Board Members Dieema Wheaton, President @ 4:28 PM Meredith J. Beachly, Vice President Frank C. Glynn, Clerk Michael D. Wagner, Member Tracey I. Miller-Zarneke, Member ESUSD Staff Dr. Melissa Moore, Superintendent Assistant Superintendent, Marisa Janicek Kimberlie Linz, Chief Business Official Melissa Gooden, Executive Director of HR PUBLIC COMMUNICATIONS — (Related to City Business Only) — 5-minute limit per person, 30- minute limit total) None Mayor Boyles welcomed everyone and introduced Jamie Douraghy, Executive Coach, Author, and Facilitator. MINUTES OF THE SPECIAL JOINT COUNCIL MEETING JUNE 28, 2023 PAGE NO, 1 Page 26 of 327 SPECIAL ORDERS OF BUSINESS: Tracy Weaver, City Clerk, reminded those in attendance the meeting was strictly a team building exercise and that City and School Board business could not be discussed. 1. Team Building Session between El Segundo City Council and El Segundo Unified School District Leadership Improving and understanding of key organization objectives, improve communications and improve future service delivery. 2. Team Building Exercise / Presentation Led by Jamie Douraghy, Life Work Integration, Between the City of El Segundo City Council and El Segundo Unified School District Leadership A collaborative discussion regarding the Strength Finder survey (taken by each attendee prior to the meeting), Clifton Strengths, administered by Gallup. See attached Power Point Presentation ADJOURNMENT at 6:00 PM Tracy Weaver, City Clerk MINUTES OF THE SPECIAL JOINT COUNCIL MEETING JUNE 28, 2023 PAGE NO. 2 Page 27 of 327 s myes rice. . Let's identify behaviors that would give this workshop the best outcome: Our City T v N co O W N 4 We do so many things automatically when we use our devices —like grabbing our phones, or checking email, news, or social media. We can gain control by becoming intentional in our actions, which means we need to raise these unconscious actions to a conscious awareness .. ." C Gallup Inc T N CD W O W N V Data Points ✓ 33,000,000 Strcnatlis variables. ✓ 1 /250,000 will have the same top 5 (not in same order) ✓ Our top 5 makes us who we are as individuals ✓ Imagine what you can accomplish when you pair up your Strengths towards a shared �;- s : ! CliftonStrenort-hs Where you make your greatest contribution. lalent Your natural way of thinking, feeling or behaving. StrengthsTov Your ability to provide consistent performance in a given activity. T m m w w 0 w N V People with dominant Executing themes make things happen. People with dominant Relationship Building themes build strong relationships that hold a team together and make it greater than the sum of Its parts. T v m w P, 0 w N 4 People with dominant Influencing themes take charge, speak up and make sure others are heard. People with dominant Strategic Thinking themes absorb and analyze Information that Informs better decisions. T m m w 0 w N V Addewr __ - Aly Mendnl Relabr Sretedc a Barbara Voss 4�m 3 Carol Pheauk r y Chde PI—M.1 Arranger 3 Damll George Rasporeibilily --- Draw Boybs Reel We 2 Elbe Sassoon -- ]aim bermudez Adaptataity 2 Lance Glmux .—ny 2 Ryan Bekino Tracy Weever Analytk l 2 Beier 2 S91-Aaw— 2 ugo-a[P- __...._.. P Commend IMU 1 sl�lirbar6e � 1 Ind W m Conpelebn 1 FUWdelc � + Cart M 1 EM.ft Comm l Ion C.r.lala.y de a on DndpWe Foam Inlellecfon Dellbaalne T w w R w N V Sb9egc Leeman PosllMly Empathy Arranger Relabr Input — Comnonkatlon - t N 1p .Niclualizallon 2 AcNbve r z Devaopr _ 2 A. V""I _ z Ad.pleblllly 1 Cmelsbnry 1 Ideation kkrr Compelition Disdpfina Slglficence -. Reslonali, Memony Activator Commantl FuWnshc Co 6eM _ Foxe I+delledm DollbeatW Diemne, Wheaton Frank Gtynn Thmino Klmbedla Linz madsa lanleek WEisse Gooden Mehsaa Maora Meradfih Beachly Michael Wagner _ Tracey MAer-Zameke - — hip IMWancing ' tp 5 �1�� 9 Peapla Team Top 5 33% - 33% T m m w V O W N V contagious energy and enthusiasm As a team we bring creative anticipation, imagination, a learning perspective contagious energy and enthusiasm emotional intelligence flexibility and interactivity As a team we need freedom to work at my own pace and opportunities for one-on-one interactions freedom to make mid -course corrections exposure to new information and experiences freedom to experience the joy and drama of fife As a team we need freedom to make mid -course corrections exposure to new information and experiences freedom to experience the joy and drama of life freedom to laugh, cry, vent a dynamic environment As a team we are motivated y completing tasks close, caring, mutual relationships seeing a way when others assume there is no way to live on the frontier/the cutting edge living life to its fullest As a team we are motivated seeing a way when others assume there is no way to live on the frontier/the cutting edge living Irfe to its fullest the gladness, sadness, madness of humanity initiating and managing necessary change I eam m rp m w Co 0 w N V Relator - -- - Strategic 7 — _ - -- Achiever 7 Learner — 7 Positivity _-_ _ _ 6 Arranger Emosommom 6 Responsibility 5 Analytical 4 Input 3 Woo 3 Adaptability - 3 Individualization - - 3 Developer 3 Incl uder 3 Empathy 3 Belief 3 Self -Assurance 3 Connectedness --- 3 Restorative 2 Communication - 2 Harmony 2 Activator 2 Significance 2 Competition 2 Maximizer 2 Command 1 Consistency 1 Ideation 1 Futuristic aimm 1 Context omm 1 Disci pli ne www 1 e Focus Intellection Deliberative 8 Aly Mancini Barbara Voss Carol Pirsztuk Chris Pimentel Darrell George Diemma Wheaton Drew Boyles Elias Sassoon Frank Glynn jaime bermudez Kimbedie Linz Lance Giroux marisa janicek Melissa Gooden Melissa Moore Meredith Beachly Michael Wagner Ryan Baldino Tracey Miller-Zameke Tracy Weaver Restoraive 8 Executing Responsibility Focus 6 Deliberative Anyfc Context �Thinkllgnig Futuristic tdelto Input Consistency Interaction 4 Belief 3 j Learner Arranger _ Strategic Achiever - Relator --Ow— Positivity Individual¢alion Inducer Activator Command Commurication DeveloperCompetition Harmony Maximizer Empathy Connectedness Significance Adaptability Woo Influencing Domains People - r 17 35% a a teaming perspective r +} \ \` \\\\ \Representing the Top 5 Themes m m w 0 w N V As a team we need time and opportunities for one-on-one interactions freedom to make mid -course corrections freedom to work at my own pace exposure to new information and experiences freedom to experience the joy and drama of life As a team we are motivated close, caring, mutual relationships seeing a way when others assume there is no way completing tasks to live on the frontier/the cutting edge living life to its fullest Positivity Strategic A"o Connectedness Activmw- Positivity VV# Arranger Context Seff7Ass--ance T m m 0 0 w N V Achiever input Relator Learner Strategic Responsibility Comm--ti- Achiever Discipline Analytical Individualization Strategic Arranger Futuristic Relator Comma- tv -_ ign£-c —OMDOtitlon Positivity Arranger Responsibility Learner Analytical Belief Restorative Achiever arner Includer Harmony Responsibility Achiever Belief Lear ne- el for Strategic Relator max-i= Arranger Empathy T w CD O w N V Strategic C oar m u--cation camnetit-w- Individualization input Individualization Strategic Arranger Sig--fi a ce Lance Restorative Strategic sell -Assurance Adaptability Relator Ideation Learner Arranger sit` ° Achiever Consistency Learner Belief Analytical Responsibility Relator Harmony Achiever Analylical Ma-imiz-r input Positivity E pathy a m j Tracy Weaver LI Developer Achiever Adaptability Connectedness Responsibility Team Strengths Grid S6 GALL` ' _ r- _ CM 40 Lt. V C C: 20 People 4 1 1 1 3 0 7 1 Name Melissa Moore Ryan Baldino Meredith Beachly ja me Bermudez Drew Boyles Darrell George Lance Giroux Frank Glynn Melissa Gooden marisa janicek Kimbedie Linz Aly Mancini - Tracey Mitler Zarneke Chris Pimentel _ Carol Pirtuk Elias Bassoon Barbara Voss. Michael Wagner Tracy Weaver Diemma Wheaton m m W O W N V s 6 2 1 2 2 2 3 2 3 OWN _ y _ ® w d C sa _> 0 '' R ` u, d 3 3 3 3 2 3 3 6 am u CD w d 0 d0 v _ y U. 0 m 6 3 1 0 1 0 5 2 C Gallup Inc N (0 t7 W N 4 Theme Contributions and Needs Jamie Douraghy I Bring This is what I can contribute (The value I add) A service orientation. A sense of trustworthiness. Dependability and high ethics. Stability, clarity and conviction. A willingness to make sacrifices for things that are important An understanding of the link between the past and the future, An appreciation of predecessors and prior events - looks backwards to solve a problem_ Accurate memories and valuable memorabilia. Relevant information for decision -making. A desire to help others grow - Patience with the inexperienced. An awareness of improvements in others. A commitment (time and energy) in helping others improve. Resilience in the face of failure A contagious energy and enthusiasm that will give any dark cloud a silver lining.. A fun -loving spirit that can get others excited, Themes t-5 Social depth and transparency. Informality that sets others at ease. Solid, genuine, and mutually rewarding relationships that foster trust_ An ability to work hard with friends to achieve goals. I Need This is what I need (My Energizers) Alignment between my work and my values. A cause or purpose for which to strive, A meaningful place to focus my drive and direction. Time to orient to the present. Opportunities to ask questions. An understanding of the history in order to proceed. Chances to explain the thinking behind my actions.. Relevant background information for discussions and decisions.. Someone to invest in. Interactions with others. Freedom to encourage others' development. Opportunities to recognize and praise others Interactionswith others to share a positive perspective.. Chances to encourage others. Freedom to experience the joy and drama of life, Opportunities to celebrate the success of others. Opportunities for one on one interactions, Time to learn about the goals of others. Outlets to learn about the talents and strengths of those around me, Opportunities to form meaningful, close relationships with colleagues.. People to be valued over processes.. Prepared by Jamie Douraghy- lileworkinlegralion Ref IWare T m m 0 w N V s -E T N O W N 4 T m m V O W N V SPECIAL MEETING MINUTES OF THE EL SEGUNDO CITY COUNCIL MONDAY, JULY 10, 2023 3.00 PM CALL TO ORDER — Mayor Boyles called the meeting to order at 3.01 PM ROLL CALL Mayor Boyles - Present Mayor Pro Tern Pimentel - Absent Council Member Pirsztuk - Present Council Member Giroux - Present Council Member Baldino - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5-minute limit per person, 30-minute limit total) None SPECIAL ORDER OF BUSINESS: 1. Conduct Planning Commission and Arts and Culture Advisory Committee I nterviews Council conducted interviews and re -appointed Kevin Maggay to the Planning Commission to a full -term expiring June 30, 2027, appointed David Bart, Michael Schepps, Robert Goodwin and re -appointed Jane Burrell, Joan Palmer and Brian Mitchell to the Arts and Culture Advisory Committee to a full term expiring June 30, 2026 and appointed Barbara Yataba and re -appointed Kristie Sherrill to the Library Board of Trustees to a full term expiring June 30, 2026. Council will announce the appointments at the 6.00 PM, August 15, 2023, regular City Council meeting. ADJOURNMENT at 4.31 PM Lili Sandoval, Deputy City Clerk 1 Page 48 of 327 SPECIAL MEETING MINUTES OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, JULY 12, 2023 11 AM CLOSED SESSION CALL TO ORDER — Mayor Boyles called the meeting to order at 11.00 AM ROLL CALL Mayor Boyles Mayor Pro Tern Pimentel Council Member Pirsztuk Council Member Giroux Council Member Baldino - Present - Present - Present 11.08AM - Present - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5-minute limit per person, 30-minute limit total) None CLOSED SESSION: Mayor Boyles announced that Council would be meeting in closed session pursuant to the items listed on the Agenda. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(d)(1). -1- matters 1. People of the State of California, acting by and through the Department of Transportation v. Raedeke, et al., Los Angeles Superior Court Case No. 23STCV07574 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Threats of or Significant/- exposure to litigation pursuant to (Government Code §54956.9(d)(2) or (d)(3)): -2- matter(s). 1. Mark Harrison (Former Fire Captain) v. City of El Segundo (Workers' Compensation Claim) 2. Glenn Delmendo (Retired Police Captain) v. City of El Segundo (Workers' Compensation Claim) CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -2- matters 1. Employee Organizations: City Employee's Association (CEA), Management Confidential (Unrepresented Employee Group) Representative: City Manager, Darrell George, Human Resources Director, Rebecca Redyk, and Alex Volberding ADJOURNMENT at 12.05PM Lili Sandoval, Deputy City Clerk Page 49 of 327 GIRVIA City Council Agenda Statement ELSEGUNDO Meeting Date: August 15, 2023 Agenda Heading: Consent Item Number: B.3 TITLE: Warrant Demand Register for May 29, 2023 through July 9, 2023 RECOMMENDATION: Ratify payroll and employee benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments; and, wire transfers. 2. Approve Warrant Demand Register numbers 23A, 23B, 24A, 24B, 25A (Fiscal Year 2022-2023) and 1A (Fiscal Year 2023-2024): warrant numbers 3045830 through 3046504, and 9002932 through 9002988. **Checks 3046166, and 3046285-3046301 are replaced checks which are not placed on normal warrant register cycle. 3. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: The warrants presented were drawn in payment of demands included within the FY 2022-2023 and FY 2023-2024 Adopted Budget. The total of $16,693,165.36 ($3,705,009.94 in check warrants and $12,988,155.42 in wire warrants) are for demands drawn on the FY 2022-2023 and the total of $648,639.76 ($451,759.54 in check warrants and $196,880.22 in wire warrants) are for demands drawn on the FY 2023-2024 Budget. BACKGROUND: California Government Code Section 37208 provides General Law cities flexibility in how budgeted warrants, demands, and payroll are audited and ratified by their legislative body. Pursuant to Section 37208 of the California Government Code, warrants drawn in payments of demands are certified by the City's Chief Financial Officer and City Manager as conforming to the authorized expenditures set forth in the City Council adopted budget need not be audited by the City Council prior to payment, Page 50 of 327 Warrant Demand Register August 15, 2023 Page 2 of 2 but may be presented to the City Council at the first meeting after delivery. In government finance, a warrant is a written order to pay that instructs a federal, state, county, or city government treasurer to pay the warrant holder on demand or after a specific date. Such warrants look like checks and clear through the banking system like checks. Warrants are issued for payroll to individual employees, accounts payable to vendors, to local governments, and to companies or individual taxpayers receiving a refund. DISCUSSION: The attached Warrants Listing delineates the warrants that have been paid for the period identified above. The Chief Financial Officer certifies that the listed warrants were drawn in payment of demands conforming to the adopted budget and that these demands are being presented to the City Council at its first meeting after the delivery of the warrants. CITY STRATEGIC PLAN COMPLIANCE: Goal 5: Champion Economic Development and Fiscal Sustainability Objective 513: El Segundo approaches its work in a financially strategic and responsible way. PREPARED BY: Liz Lydic, Management Analyst REVIEWED BY: Wei Cao, CPA, CPFO, Finance Manager APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Register 23a - summary 2. Register 23b - summary 3. Register 24a - summary 4. Register 24b - summary 5. Register 25a - summary 6. Retister 1a - summary Page 51 of 327 CITY OF EL SEGUNDO WARRANTS TOTALS BY FUND 3045830 3045945 DATE OF APPROVAL: 82 OF 612012023 001 GENERALFUNO 355,668.01 G03 EXPENDABLE TRUST FUND - OTHER - 104 TRAFFIC SAFETY FUND - 1Da STATL=GAS TAX FUND 5,4Q7-56 108 ASSOC€ATED RECREATIONACTIVRIES FUND - t09 ASSET FORFEITURE FUND 3,309.78 Ila MFAURF'R' 190,1300,00 III COMM, REVEL. SLOCK GRANT - 112 PROP"A"TRANSPORTATION - 114 PRoP'O"TRANSPORTATION - 115 AIR QUALITY INVESTMENT PROGRAM - I la HOME SOUND INSTALLATION FUND - 117 HYPERION Mi7IGAT€ON FUND - Ila TDAARTICLE 3- SS 821 BIKEWAY FUND - 119 MTA GRANT - 120 C.O,P.S. FUND - 121 FFMA 122 LA,W.A, FUND 123 PSAF PROPERTY TAX PUSLrC SAFETY 12,135.75 124 FEDERAL GRANTS - 125 STATE GRANT - 126 MP CUPA PROGRAM OVERSIGHT SURCHARGE 17.54 127 MEAURE`W 331,187.45 174 S8-1 310,872.50 M CERTIFIED ACCESS SPECIALIST PROGRAM 130 AFFORDABLE HOUSING - 131 COUNTY STORM WATER PROGRAM 276 0 132 MEASURE'S" - 202 ASSESSMENT DISTRICT 973 - 301 CAPITAL IMPROVEMENT FUND l%393.14 302 INFRASTRUCTURE REPLACEMENT FUND - 405 FACILITEES MAINTENANCE - Sot WATER UTILITY FUND 37,894.09 502 WASTEWATER FUND 130.5D 503 GOLF COURSE FUND - 505 SOLID WASTE FUND - 60£ EQUIPMENT REPLACEMENT - 602 UABIUTY INSURANCE 2,716.00 603 WORKERS COMP. RESERVEANSURANCE 819AO 701 RENREOEMP_ INSURANCE - 702 EXPENDABLE TRUST FUND -DEVELOPER FEES 367.62 704 CULTURAL DEVELOPMENT 488.50 70a OUTSIDE SERVICES TRUST TOTAL WARRANTS 5 1.4W,879.61 STATE OF CALIFORNIA COUNTY OF LOS ANGELES information on actual expenditures is available in the Director of Finance's office in the City-1 ES Segundo. I e Wlv as to the accuracy of the Demands and the evai€eb* of fund for payment thereof, For Approval: Regutar checks held for Coy council authowritioR to release. CODES- R = Computer generated chocks for all non-emer9encytuMency payments for materials, simp€ies and services in support of Cdy Operations For Rakficabon. A = Payroll and Employee Benefit checks VOID CHECKS DUE TO ALIGNMENT: NIA VOID CHECKS DUE TO INCORRECT CHECK DATE: VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR: AP - U m Computer generated Early Release dasbutsemen4y andlor adjustmarsts approved W the C€ly Manager. Such as: payments for utility services, petty casts and employee travel expense NOTES: Stela dated checks: 3037467 & 3037652 retrnbursoments, yadous refunds, contract employee services consistent with current contractual New reissue check numbers 3044889 5 3044990 agreements, instances where prompt paymentdiscounts can be obtained or €ate payment Penaltles See attachment repents chock tilsior j listing 6 replaced checks listing) can be availed or when a sftuaGon arises that the City Manager approves. H = Handwritten Early Release disbursements Anchor adluslmems approved by the City Manager. r INTERIM CHIEF FENANCIAL OFFICER CITY MANAGER NJ .g DATE: t,1<y-3 DATE: 4 •..•� '�Z .+ REGISTER d 232 Page 52 of 327 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 5/29/23 THROUGH 6104123 Date payee 5/31/2023 Unum 6/2/2023 Cal Pers 6/2/2023 Cal Pers 6/2/2023 Cal Pers 6/2/2023 Cal Pers 6/2/2023 Cal Pers 6/2/2023 Cal Pers 6/2/2023 Cal Pers 5107/23-5/13/23 Workers Comp Activity 5/14/23-5/20/23 Workers Comp Activity 5/07/23-5113/23 Liability Trust - Claims 5/14123-5/20/23 Liability Trust - Claims 5107123-5/13/23 Retiree Health Insurance 5/14/23-5120/23 Retiree Health Insurance DATE OF RATIFICATION: 6/2123 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: Treasury & Customer Services Manager Chief Financial Officer , ;! ZVOM,3 City Manager Descrl tinn 180.90 Long Term Care Premium - March 2023 66,228.22 EFT Retirement Safety Police Classic -1 st Tier 28 53,591.84 EFT Retirement Misc - PEPRA New 26013 49,287.29 EFT Retirement Safety Fire- Classic 30168 32,220.12 EFT Retirement Misc - Classic 27 31,485.83 EFT Retirement Safety-Police-PEPRA New 25021 14,122.66 EFT Retirement Safety-Fire-PEPRA New 25020 8,629.14 EFT Retirement Sfty Police Classic-2nd Tier 30169 59,848.72 SCRMA checks issued 48,990.79 SCRMA checks issued 44,601.90 Claim checks issued/(voided) - Claim checks issued/(voided) - Health Reimbursment checks issued - Health Reimbursment checks issued 409,187.41 Date Date Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 409,187.41 PACity TreasurerlWire iransferslWire Transfers 07-01-22 to 6-30-23 6/2/2023 1/1 Page 53 of 327 CITY OF EL SEGUNDO WARRANTS TOTALS BY DEPARTMENT AS OF 6/20/2023 REGISTER # 23a DEPT# NAME TOTAL GENERAL FUND DEPARTMENTAL EXPENDITURES GENERAL GOVERNMENT 1101 City Council 1201 City Treasurer 97.90 1300 City Clerk 592.24 2101 City Manager 314.78 2102 Communications 2103 El Segundo Media 243.90 2201 City Attorney 11,955.65 2401 Economic Development 34,572,18 2402 Planning 17,639.24 2405 Human and Health Services 2500 Administrative Services 97,347.80 2601 Government Buildings 4,761.78 2900 Nondepartmental 35,427.84 6100 Library 17,887,98 220,841.29 PUBLIC SAFETY 3100 Police 21,249.59 3200 Fire 6,834.55 2403 Building Safety 11,204.88 2404 Ping/Bldg Sfty Administration 512.74 39, 801.76 PUBLIC WORKS 4101 Engineering 157.96 4200 Streets/Park Maintenance 5,400.00 4300 Wastewater 4601 Equipment Maintenance 6,337.82 4801 Administration 11,895.78 COMMUNITY SERVICES 5100,5200 Recreation & Parks 28,965.52 5400 Centennial 28,965.52 EXPENDITURES CAPITAL IMPROVEMENT ALL OTHER ACCOUNTS TOTAL WARRANTS 156, 399.03 949,976.26 1,407,879.64 Page 54 of 327 CITY OF EL SEGUNDO WARRANTS TOTALS BY FUND 3045946 - 3046065 DATE OF APPROVAL: AS OF 61201 OS 9002932 - 9002957 001 GENERALFUNO 305,37B.97 003 EXPENDABLE TRUST FUND - OTHER 2,500.D0 104 TRAFFIC SAFETY FUND _ 105 STATE GAS TAX FUND 9,430,13 108 ASSOCIATED RECREATION ACTIVITIES FUND - 109 ASSET FORFEITURE FUND f A00.00 110 MEAURE"R" _ III COMM. D&VEL-BLOCKGRANT _ 112 PROP'A" TRANSFORTATION 900.00 114 PROP"C"TRANSPORTAT}ON 115 AIR QUALITY INVESTMENT PROGRAM - lie HOME, SOUND INSTALLATION FUND - 117 HYPERION MITIGATION FUND _ 118 ICA ARTICLE 3 - 30 821 BIKEWAY FUND - 119 MTAGRANT - 120 C.0,P.8 FUND 121 FEMA 122 L.A.W A FUND - 173 PSAF PROPERTY TAX PUBLIC SAFETY _ 124 FEDERAL GRANTS _ 125 STATE GRAM 3,200DO 126 ALP CUPA PROGRAM OVERSIGHT SURCHARGE 534.50 127 MEAVRE'W 7.990.00 129 SS-1 _ - 179 CERTIFIED ACCESS SPECLAUST FROGRAM - 130 AFFORDABLE HOUSING _ 131 COUNTY STORM WATER PROGRAM 1,540.00 132 MEASURE"B" - 202 ASSESSMENT DSTRICT 973 - 301 CAPITAL IMPROVEMENT FUND 24,330.00 302 INFRASTRUCTURE REPLACEMENT FUND - 405 FACILITIESMAINIENANCE - Sol WATER UTiUTY FUND 3.660.36 502 WASTEWATER FUND 2851-64 5o3 GOLF COURSE FUND - 505 SOLID WASTE FUND _ &Of EQUIPMENT REPLACEMENT 607 LIABILITY INSURANCE 11.58 603 WORKERS COMP. RESERVEeNSURANCE 84,78 701 RETIRED EMP, INSURANCE - 107 EXPENDABLE TRUST FUND -DEVELOPER FEES 19.67 704 CULTURAL DEVELOPMENT 1,522.1E 708 OUTSIDE SERVICES TRUST 390.00 TOTAL WARRANTS 5 374,372.GI STATE OF CALIFORNIA COUNTY OF LOS ANGELES Information en actual emendlures is available in the Director of Finances cl8ce in the CIN of El Segundo. I certify as to the accuracy of the Demati0s and the availability of fund for payment thereof, For Approval: Regular checks held for CRY council ®etherization to release. CODES: R = Computer 9onereted checks for all non-amerooncylurgency Payments for materials, supplies and services in supped of City Operations For Ratification: A - Payroll and Employes Benefit checks AP - U • Computer generated Early Release disbursements andlor adfustments approved bythe City Manager, Such as: payments for u916y services, petty cash and employee Vavel ®.gesso reimbursements, varlcus refunds, contract employee services cons'stent with current conlrecluef agreements, inslanceswhers prompt payment discounts can be obtained or late payment penalties can be avoided or when a sBuatiOn arises that the City Manager approves. H = HardwMlen Early Release disbursements andlor adjustments approved by the City Manager. INTERIM CHIEF FINANCIAL OFFICER CITY MANAGER DATE: rryDATE: 014)c;�3 VOID CHECKS DUE TO ALIGNMENT: NIA VOID CHECKS DUE TO INCORRECTCHECK DATE: VOID CHECKS DUE TD COMPUTER SOFTWARE ERROR: NOTES: $isle dated checks: 3037467 1113037662 New reissue check oVrrrben 3044989 S 3044990 See attachment reports (chock history list€ns d replaced checks lislimst REGISTgfl 9 23b Page 55 of 327 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 6/05/23 THROUGH 6/11/23 Date Payee 6/9/2023 Cal Pers 619/2023 Mission Square 6/9/2023 Mission Square 6/9/2023 Mission Square 6/9/2023 Mission Square 6/9/2023 ExpertPay 5/21/23-5/27/23 Workers Comp Activity 5/28/23-6103/23 Workers Comp Activity 5121123-5/27/23 Liability Trust - Claims 5/28/23-6/03/23 Liability Trust - Claims 5/21/23-5/27123 Retiree Health Insurance 5128/23-6/03/23 Retiree Health Insurance DATE OF RATIFICATION: 6113123 TOTAL PAYMENTS BY WIRE: Description 614,666.79 EFT Health Insurance Payments_,- 65,122.65 457 payment Vantagepoint 1,038.46 401(a) payment Vantagepoint 2,483.10 401(a) payment Vantagepoint 100.00 IRA payment Vantagepoint 2,720.76 EFT Child support payment 25,283.43 SCRMA checks issued 28,310.04 SCRMA checks issued 66,256,53 Claim checks issued/(voided) - Claim checks issuedl(voided) - Health Reimbursment checks issued - Health Reimbursment checks issued 805,981.76 Certified as to the accuracy of the wire transfers by: ,i ✓ 13 2 s Treasury & Custom Services Manager Date 4/ �a3 Chief Financi icer Date -j 1- 7,�3 City Manager Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 805,981.76 PACity TreasurerMire TransferslWire Transfers 07-01-22 to 6-30-23 6/13/2023 1/1 Page 56 of 327 CITY OF EL SEGUNDO WARRANTS TOTALS BY DEPARTMENT AS OF 6/20/2023 REGISTER # 23b DEPT# NAME TOTAL GENERAL FUND DEPARTMENTAL EXPENDITURES GENERAL GOVERNMENT 1101 City Council 595.75 1201 City Treasurer 270.00 1300 City Clerk 598.00 2101 City Manager 2,283,16 2102 Communications 170.82 2103 El Segundo Media 1,559.52 2201 City Attorney 2401 Economic Development 827.63 2402 Planning 6,148.75 2405 Human and Health Services 1,720.00 2500 Administrative Services 67,158,24 2601 Government Buildings 21,868.59 2900 Nondepartmentai 6100 Library 8,007.08 111,207.54 PUBLIC SAFETY 3100 Police 20,044,10 3200 Fire 25,010 33 2403 Building Safety (59.85) 2404 Ping/Bldg Sfty Administration 1,589.26 46,583.84 PUBLIC WORKS 4101 Engineering 21,497.16 4200 Streets/Park Maintenance 36,790.10 4300 Wastewater 338.91 4601 Equipment Maintenance 671.91 4801 Administration 200.00 59,498.08 COMMUNITY SERVICES 5100,5200 Recreation & Parks 60,910.65 5400 Centennial 60,910.65 EXPENDITURES CAPITAL IMPROVEMENT ALL OTHER ACCOUNTS TOTAL WARRANTS 24,330.00 71,841.90 374,372.01 Page 57 of 327 CITY OF EL SEGUNDO WARRANTS TOTALS BY FUND 3U4W66 - 3046165 DATEOFAPPROVAL: AS OF 714120ZS 9i}U2958 - 9i3D2958 """'"" 001 GENERAL FUND 420.072.35 003 EXPENDABLE TRUST FUND - OTHER 1.500.00 104 TRAFFIC SAFETY FUND - 106 STATE GAS TAX FUND 12,93335 Ids ASSOCIATED RECREATION AcTwHES FUND - to9 ASSET FORFEITURE FUND 250,no 110 MEAURE "R' 64,488.75 III COMM, REVEL. BLOCK GRANT - 112 PROP -A"TRANSPORTATION 813,130 114 PROP'C"TRANSPORTATION 4,252.53 115 AIR QUALITY INVESTMENT PROGRAM - lie HOME SOUND INSTAUATIpN HIND - 117 HYPERION MITIGATION FUND 1,195.60 118 TDAARTICLE 3 - S9 62% &KEWAY FUND - 119 MTA GRANT - 120 C.OP.S. FUND - 121 FEMA 122 L.A. W.A. FUND - 123 PSAF PROPERTY TAX PUBLIC SAFETY 3,ol7.29 124 FEDERAL GRANTS - 125 STATE GRANT - 126 NP CUPA PROGRAM OWR51GMT SURCHARGE 6,27 127 MEAURE'W - 128 584 T29 CERTIFIED ACCESS SPECIALIST PROGRAM - 130 AFFORDABLE HOUSING - 131 COUNTY STORM WATER PROGRAM - 132 MEASURE'S" - 207 ASSESSMENT DISTRICT 973 - 301 CAPITAL IMPROVEMENT FUND 8,447.07 3C2 INFRASTRUCTURE REPLACEMENT FUND - 4dS FACILITIES MAINTENANCE - 501 WATER UTILITY FUND 37,328.42 602 WASTEWATER FUND 1,88931 $03 GOLFCOURSEFUNO - 505 SOLED WASTE FUND - 601 EOUPMENT REPLACEMENT 104,30530 802 LIABILITY INSURANCE 097 603 WORKERS COMP, RESERVEANSURANCE 2.09 701 RETIRED EMP.NSURANCE - 702 EXPENDABLE TRUST FUND -DEVELOPER FEES 366.89 794 CULTURAL DEVELOPMENT 5.945.38 708 OUTSIDE SERVICES TRUST TOTAL WARRANTS STATE OF CALTFORNIA COUNTY OF LOS ANGELES Ihlormalloo on actual expenditures is available in the Director of fmance's office in the City of El Segundo, I certify m to the accuracy aftho Demands and the availability of fund for payment thereof. For Approval: Regular chacks held for City council authorization to release, CODES: R = Compulergaperated checks for all non-emergencylurgency payments for materials, supplies and services in supporlol City Operations For Rafification: A a Payroll and Employee Banafit checks AP - U = Computer generated Early Release disbursements amflor adlustmenls approved by the Cry Manager. Such as: payments for uaiity services, petty cash and employee travel expense reimbursements, various refunds. contract employee services consistent with current contractual agreements, instances where prompt payment discounts can tm ablained of late Payment Penalties can be avoided or when a situation arises that the City Manager approves. H = Handwriden Early Release disbursements andlar adjustments approved by the C'ay Manager INTERIM CHIEF FINANCIAL OFFICER - CITY MANAGER DATE: O �- l� � � DATE: 668,452.34 VOID CHECKS DUE TO ALIGNMENT: NIA VOID CHECKS DUE TO INCORRECT CHECK DATE: VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR: NOTES: State dated checks: 3037487 S 3037SS2 New reissue check numbers 3040119 45,3044990 See attachment reports (check history Iislinu A replaced cheeks fistinof 6-2Z-2.3 Page 58 of 327 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 6/12/23 THROUGH 6118/23 Date Payee Descri tion 6/1212023 IRS 277,310,05 Federal941 Deposit 6/12/2023 Employment Development 4,168.72 State SDI payment 6/12/2023 Employment Development 63,065,70 State PIT Withholding 6/12/2023 West Basin 2,029,254.24 H2O payment 6/15/2023 Cal Pers 58,269.55 EFT Retirement Safety Police Classic - 1 st Tier 28 6/15/2023 Cal Pers 53,697.54 EFT Retirement Misc - PEPRA New 26013 6/15/2023 Cal Pers 49,387.46 EFT Retirement Safety Fire- Classic 30168 6/15/2023 Cal Pers 26,943.39 EFT Retirement Safety-Police-PEPRA New 25021 6/15/2023 Cal Pers 31,646.99 EFT Retirement Misc - Classic 27 6/15/2023 Cal Pers 14,214.58 EFT Retirement Safety-Fire-PEPRA New 25020 6/15/2023 Cal Pers 7,995.95 EFT Retirement Sfty Police Classic-2nd Tier 30169 6/04/23-6/10123 Workers Comp Activity 126,802.04 SCRMA checks issued 6/04/23-6/10/23 Liability Trust - Claims 5,054.13 Claim checks issued/(voided) 6/04/23-6/10/23 Retiree Health Insurance 9,838.35 Health Reimbursment checks issued 2, 757,648.69 DATE OF RATIFICATION: 6/16123 TOTAL PAYMENTS BY WIRE: 2,767,648.69 Certified as to the accuracy of the wire transfers by: Treasury & Custo er Services Manager Date Chief Financial Offlce(r - 4" City Manag Date Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. PACity TreasurerlWire TransferslWire Transfers 07-01-22 to 6-30-23 6/16/2023 1/1 Page 59 of 327 CITY OF EL SEGUNDO WARRANTS TOTALS BY DEPARTMENT AS OF 7/4/2023 REGISTER # 24a DEPT# NAME TOTAL GENERAL FUND DEPARTMENTAL EXPENDITURES GENERAL GOVERNMENT 1101 City Council 550,00 1201 City Treasurer 1300 City Clerk 2101 City Manager 226.11 2102 Communications 3,583.00 2103 El Segundo Media 1,804.34 2201 City Attorney 144,074.00 2401 Economic Development 6,652,20 2402 Planning 2405 Human and Health Services 1,034.00 2500 Administrative Services 34,864.06 2601 Government Buildings 55,154,33 2900 Nondepartmental 1,238.22 6100 Library 9,637.93 258,818A 9 PUBLIC SAFETY 3100 Police 18,507,15 3200 Fire 13,115,04 2403 Building Safety 2404 Ping/Bldg Sfty Administration 31,622.19 PUBLIC WORKS 4101 Engineering 3,279.24 4200 Streets/Park Maintenance 52,796.11 4300 Wastewater 2,364.61 4601 Equipment Maintenance 91,78 4801 Administration 58,531.74 COMMUNITY SERVICES 5100,5200 Recreation & Parks 48,311.12 5400 Centennial 465.16 48,77&28 EXPENDITURES CAPITAL IMPROVEMENT 8,447.07 ALL OTHER ACCOUNTS 262,256.87 TOTAL WARRANTS 668,452.34 Page 60 of 327 CITY OF EL SEGUNDO WARRANTS TOTALS BY FUND 3046167 - 3046264 DATE OF APPROVAL: A_S OF 71412023 9002959 - 9002959 - _._ " "^...........-- bbt GENERALFUND 534,250.02 003 EXPENDABLE TRUST FUND -OTHER S,DOO.tlO 104 TRAFFIC SAFETY FUND _ 106 STATE GAS TAX FUND 13,018.28 105 ASSOCIATED RECREATION ACTIVITIES FUND - 109 ASSET FORFEITURE FUND 2,277,00 lie MEAURE"R" III COMM, DEVEL BLOCK GRANT - 112 PROP "A' 7RANSPORTATION 4,491.59 114 PROP'C-TRANSPORTATION 2,900.00 115 AIR QUALITY INVESTMENT PROGRAM - lie HOME SOUND INSTALLATION FUND IV HYPERION MITIGATION FUND e2.67 lie TOAARTICLE 3- SS 821 BIKEWAY FUND - 119 MTA GRANT - 120 C0.P.5. FUND 13,748.15 121 FEMA - 122 LAW.A. FUND 123 PSAF PROPERTY TAx?uRUC SAFETY 8,212AI) 124 FFMRALGRPNTS - in STATE GRANT 1654 120 AIP CUPA PROGRAM OVERSIGHT SURCHARGE 1.300,12 127 MEAURE-M- 12e SS-1 129 CERTIFIED ACCESS SPECIAUST PROGRAM 3.80 130 AFFORDABLE MOUSING - 131 COUNTY STORM WATER PROGRAM 850.00 132 MEASURE-E" - 202 AS5ESSMFNT DISTRICT X73 - 3a1 CAPITAL IMPROVEMENT FUND 6,820.00 302 INFRASTRUCTURE REPLACEMENT FUND - 405 FACILITIES MAINTENANCE - 501 WATER UTILITY FUND 15,10321 502 WASTEWATER FUND 46,501.96 503 GOLF COURSE FUND 44.DO 505 500DWASTEFUNO - 601 EQUIPMENT REPLACEMENT - 602 LIAEILITY INSURANCE 425.73 803 WORKERSCOMP. RESERVEANSURANCE 1,637.57 714 RETIRED EMP, INSURANCE - 702 EXPENDABLE TRUST FUND - DEVELOPER FEES 4.000.00 704 CULTURAL DEVELOPMENT 5,978.67 Toe OUTSIDE SERVICES TRUST TOTAL WARRANTS 6 666,642,60 STATE OF CALIFORNIA COUNTY OF LOS ANGELES Information on actual expenditures is availaNe in the Director of Finances office In the City of El Segundo. I certify as to the accuracy of the Domands and the availability of fund far payment Ihemef, For Appravef; Regelar checks Held for City counal aulhorization to teleese. CODES: VOID CHECKS DUE TO ALIGNMENT: N)A R = Computer generated checks for all non-emergency/urgency payments for materials, supplies and services in support of City Operations VOID CHECKS DUE TO INCORRECT CHECK DATE: Far Rafificadon: A- Payroll and Employee Benefit checks VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR: AP - U - Computer generated Early Release disbursements asldlor ad;ustmonts approved bytbe City Manager. Such as: payments for ukhtyseruces, petty cash and employee travel arrpeuse NOTES: State dated checks; 2037447 R 303766E numbufsements. various refunds, contract employee services consistent with current contractual New m4ssue check numbers 3044969 3 3044990 agreements, instances wheso prompt payment diaccunts can be obtained or late payment penalties See attachment repurls Ichilck history fisling & replaced checks lislinril can be avoided or when a ,ilualion arises that the City Manager approves. H - Handwritten Early Release ftloursemorrls andlor adjustments approved by the City Manager. � INTERIM CHIEF OFFICER \ �_ �/Y2 /�/� CRY (.,/ MANAGER J /FINANCIAL i/�• �rU PATE: PATE:l y>1�4.� �9 6 ,.. Zia�1 RFgGISTER b 24b Page 61 of 327 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 6/19/23 THROUGH 6125/23 Date Pa ee Dep 6/23/2023 Mission Square 65,372.71 457 payment Vantagepoint 6/23/2023 Mission Square 1,038.46 401(a) payment Vantagepoint 6/23/2023 Mission Square 2,483.10 401(a) payment Vantagepoint 6/23/2023 Mission Square 100.00 IRA payment Vantagepoint 6/23/2023 ExpertPay 2,674.60 EFT Child support payment 6/11123-6/18/23 Workers Comp Activity 44,097.61 SCRMA checks issued 6/11/23-6118/23 Liability Trust - Claims 9,783.02 Claim checks issued/(voided) 6/11123-6/18/23 Retiree Health Insurance - Health Reimbursment checks issued 125,549.50 DATE OF RATIFICATION: 6123/23 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: Treasury & Customer Services Manager Date A Chief Fi Gr-c.' Date City Manager Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 125,549.50 PACity TreasurerlWire TransferslWire Transfers 07-01-22 to 6-30-23 6/23/2023 'I/1 Page 62 of 327 CITY OF EL SEGUNDO WARRANTS TOTALS BY DEPARTMENT AS OF 714f2023 REGISTER # 24b DEPT# NAME TOTAL GENERAL FUND DEPARTMENTAL EXPENDITURES GENERAL GOVERNMENT 1101 City Council 1,503.11 1201 City Treasurer 804_93 1300 City Clerk 92.56 2101 City Manager 11,349.41 2102 Communications 3,757.98 2103 El Segundo Media 4.40 2201 City Attorney 2401 Economic Development 4,9$7.49 2402 Planning 1,459.05 2405 Human and Health Services 2,653.56 2500 Administrative Services 201,992.17 2601 Government Buildings 12,983.10 2900 Nondepartmental 17,192,35 6100 Library 6,309.98 265, 090.09 PUBLIC SAFETY 3100 Police 28,413.44 3200 Fire 13,204.66 2403 Building Safety 1,217.42 2404 Ping/Bldg Sfty Administration 650.98 43,486.50 PUBLIC WORKS 4101 Engineering 11,657,03 4200 Streets/Park Maintenance 3,325.31 4300 Wastewater 2,147,76 4601 Equipment Maintenance 8,757.18 4801 Administration 234.25 26,121.53 COMMUNITY SERVICES 5100,5200 Recreation & Parks 23,220.98 5400 Centennial 23,220.98 EXPENDITURES CAPITAL IMPROVEMENT 6,820.00 ALL OTHER ACCOUNTS 301,903,50 TOTAL WARRANTS 666,642.60 Page 63 of 327 CITY OF El, SEGUNDO WARRANTS TOTALS 9Y FUND 3D46302 - 3046408 DATE OF APPROVAL: Ag QF 711 V2023 9002960 - 9002963 Dal GENERAL FUND 489,399.33 003 EXPENDABLE TRuSTF'UNO - OTHER 4,456,Do - 104 TRAFFIC SAFETY FUND - 108 STATE GAS TAX FUND 6,429,64 Ica ASSOCIATED RECREAtION ACTIVITIES FUND - 109 ASSETFORF£ITURE FUND 7,974.36 110 MEAURE'R" - 1I1 COMM. DEVEL. BLOCK GRANT - 112 PROP'A'TRANSPORTATION - 114 PROP'C'TRANSPORTATION - 115 AIR QUALITY INVESTMENT PROGRAM - lie HOME SOUND tNSTALLATION FUND - 117 HYPERION MITIGATfON FUND 2,349.65 118 I DA ARTICLE 3 - BB 821 BIKEWAY FUND - n9 MTAGRANT - 120 C.O,P.S, FUND - 121 FEMA 122 L.A.W.A. FUND - 123 P9AF PROPERTY TAX PUBLIC SAFETY 14,448.10 124 FEDERAL GRANTS - 125 STATE GRANT 9.01 125 A1P CUPA PROGRAM OVERSIGHT SURCHARGE B,761.25 127 MEAURE"M" 876.15 128 $8.1 - 129 CERTIFIFp ACCESS SPECIALIST PROGRAM - 130 AFFORDABLE HOUSING - 131 COUNTY STORM WATER PROGRAM 8,785.00 132 MEASURE"B" , - 202 ASSESSMENT DISTRICT a73 - 301 CAPITAL IMPROVEMENT FUND 12,423.08 302 INFRASTRUCTUgE AUPLACEMENT FUND - 405 FACILITIES MAINTENANCE - 501 WATER UTILITY FUND 3,024.78 502 WASTEWATERFUNO 18,898.46 503 GOLF COURSE FUND - 505 SOLID WASTE FUND - Got EQUIPMENT REPLACEMENT 4,384A4 6D2 LIABILITY INSURANCE 817.73 (I WORKERS COMP. RESERVEANSURANCE 7651)6 701 RETIRED EMP. iNSURANCE - 702 EXPENDABLE TROSTFUND- DEVELOPER FEES 3,742.40 704 CULTURAL DEVELOPMENT 157.71 708 OUTSIDE SERVICES TRUST - TOTAL WARRANTS STATE OF CALIFORNIA COUNTY OF LOS ANGELES information on actual expenditures is available In the Dkector of Finance's office in the City of El Segundo. I certify as to the accuracy of the Demands and the availability of fund for payment thereof. For Approval: Regular checks held for City council authorization to release - CODES: R = Computer generated checks lar ail nan-emergeneyfurgancy payments for materials, supplies and services in support of City Operations For Retificelion: A a PaYro€I and Empioyee IfeneIII checka AP - U . Computer generated Early Release disbursements andler adlualirents approved by the C4 Manager. Such as: Payments for utility services, pelty cash and employee travel expense reimbursements, various refunds, contrad employee services com0slent wd), current contractual agraematds, instances where prompt vaymanl discounts can be obtained or role payment penalties can he avoided orwhen a situation arises that the City Manager approves. He Handwr4ten Early Release disbars �� fn[.adiustmen[s approved by the CN Manager. INTERIM CHIEF FINANCIAL OFFICER r~_ " CITY MANAGE DATE: � / , Z trj DATE: 6 SB7,663.35 VOID CHECKS DUE TO AUONM£NT: NIA VOID CHECKS DOE TO INCORRECT CHECK DATE: VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR: NOTES: Stale dated checks: 30374873 3027562 New n4ssoe check numbers 3044980 8. 3o4493o See attachment reports (check history €1st€nq 8 replaced checks lisllna€ REGISTER N 25a Page 64 of 327 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 6/26123 THROUGH 6130/23 Date Pa ee escription 6/26/2023 IRS 283,159.02 Federal941 Deposit 6/26/2023 Employment Development 4,170.67 State SDI payment 6/26/2023 Employment Development 65,373.50 State PIT Withholding 6/26/2023 US Bank 8,251,304.57 Pension Obligation Bond Principal and Interest Payment 6/28/2023 Cal Pers 63,384.61 EFT Retirement Safety Police Classic -1 st Tier 28 6/28/2023 Cal Pers 54,509.66 EFT Retirement Misc - PEPRA New 26013 6/28/2023 Cal Pers 47,686.37 EFT Retirement Safety Fire- Classic 30168 6/2812023 Cal Pers 32,008.92 EFT Retirement Safety-Police-PEPRA New 25021 6/28/2023 Cal Pers 31,555,80 EFT Retirement Misc - Classic 27 6/28/2023 Cal Pers 14,480.56 EFT Retirement Safety-Fire-PEPRA New 25020 6/28/2023 Cal Pers 8,512,90 EFT Retirement Sfty Police Classic-2nd Tier 30169 6/29/2023 IRS 25.99 Federal 941 Deposit 6/19/23-6125/23 Workers Comp Activity 33,615.49 SCRMA checks issued 6/19/23-6/25/23 Liability Trust - Claims - Claim checks issued/(voided) 6/19123-6/25123 Retiree Health Insurance - Health Reimbursment checks issued 8,889,788.06 DATE OF RATIFICATION: 6130/23 TOTAL. PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: J���4��///�• Ali,.. ////// Treasury & Custorrier Services Manager Date Chief Financial Officer Date -- City Manager Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 8,889,788.06 PACity TreasurerMire TransferslWire Transfers 07-01-22 to 6-30-23 6/30/2023 1/1 Page 65 of 327 CITY OF EL SEGUNDO WARRANTS TOTALS BY DEPARTMENT AS OF 7/18/2023 REGISTER # 25a DEPT# NAME TOTAL GENERAL FUND DEPARTMENTAL EXPENDITURES GENERAL GOVERNMENT 1101 City Council (85.53) 1201 City Treasurer 8,147.93 1300 City Clerk 817.84 2101 City Manager 20,840.05 2102 Communications 10.98 2103 El Segundo Media 862.76 2201 City Attorney 89,539.50 2401 Economic Development 10,046.88 2402 Planning 9,209.32 2405 Human and Health Services 5,160.00 2500 Administrative Services 101,670.88 2601 Government Buildings 37,761.38 2900 Nondepartmental 8,696.55 6100 Library 13,942.75 306,621.29 PUBLIC SAFETY 3100 Police 55,832.83 3200 Fire 29,585.01 2403 Building Safety 3,847.98 2404 Ping/Bldg Sfty Administration 846.59 90,112.41 PUBLIC WORKS 4101 Engineering 7,295.00 4200 Streets/Park Maintenance 947.$3 4300 Wastewater 594.42 4601 Equipment Maintenance 2,285.06 4801 Administration 11,122,31 COMMUNITY SERVICES 5100,5200 Recreation & Parks 9,839.22 5400 Centennial 1,435.41 11,274.63 EXPENDITURES CAPITAL IMPROVEMENT ALL OTHER ACCOUNTS 168,532.71 TOTAL WARRANTS 587,663.35 Page 66 of 327 CITY OF EL SEGUNDO WARRANTS TOTALS BY FUND 3046409 30465G4 DATE OF APPROVAL: AS OF 7118023 9002964 - 9002980 001 GENERALFUND 276,742.03 003 EXPENDABLE TRUST FUND - OTHER - 104 TRAFFIC SAFETY FUND - 105 STATE GAS TAX FUND 9,460.00 108 ASSOCIATED RECREATION ACTIVITfES FUND - lo9 ASSET FORFEITURE FUND 446.75 III COMM. REVEL. BLOCK GRANT - 112 PROP •A^ TFIANSPORTAT[ON 1.26750 114 PROP'C" TRANSPORTATION - 115 AIR QUALITY INVESTMENT PROGRAM - 116 HOME SOUND INSTALLATION FUND - 117 HYPERION MITIGATION FUND - lie TDAARTICLE 3- S9621 BIKEWAY FUND - 119 NITA GRANT _ 121 FEMA 120 C.O.P,S. FUND - 122 L,A.W.A FUND 173 PSAF PROPERTY TAX PUBLIC SAFETY - 124 FEOERAL GRANTS - 125 STATE GRANT (406,14) 126 A/P CUPA PROGRAM OVERSIGHT SURCHARGE 380.00 127 MEAURE%V - 120 Se-1 129 CERTIFIED ACCESS SPECIALIST PROGRAM - 130 AFFORDARLI" HOUSING - 131 COUNTY STORM WATER PROGRAM 132 MEASURE W - 301 CAPITAL IMPROVEMENT FUND 66.276-25 302 INFRASTRUCTURE REPLACEMENT FUND - 4u5 FACILITIES MAINTENANCE - 501 WATER UTILITY FUND 31,820.05 502 WASTEWATER FUND 45,230.99 503 GOLF COURSE FUND 505 SOUR WASTE FUND - Sol EQUIPMENT REPLACEMENT _ 602 LIAMLITY INSURANCE - 603 WORKERS COMP. RESERVEIINSURANCE 1.264,76 701 RETIRED EMP. INSURANCE - 702 EXPENONFILE TRUST FUND • DEVELOPER FEES 1,288.00 704 ExPENDAR ETRUST FUND -OTHER - 7CS OUTSIDE SERVICES TRUST TOTAL, WARRANTS $ 451,759.54 STATE OF CALIFORNIA COUNTY OF LOS ANGELES Infarmation on actual expenddures Is available in the Director of Finance's office In the City of PI Segundo. I codify as 10 the accuracy of the Demands and the availability of fund for payrllent thereof. For Approval: Regular checks held for City council authorization to re#ease. CODES: VND CHECKS DUE TO ALIGNMENT; NIA R = Computer generated checks for all non=emergencylurgency payments for lnatesials. supplies and services in supped of City Operations VOID CHECKS DUE TO INCORRECT CHECK DATE: For Ralificalian: A = Payroll and Employee Benefit checks VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR: B - F = Computer generated Early Release disbursements andlor adjustments approved by the City Manager. Such as: payments for utility services, petty cash and employee travel expense NOTES reimbursements, various refunds, cordracl employee services consistent with current contractual 89reemente, instances Where prompt payment discounts can be eblained or late payment penalties can be avoided or when a situation arises (hat the City Manager approves. H = HamUn;ten Eafty Release disbursements andlor adjustments approved by the Coy Manager. INTERIM FINANCE DIRECTOR CITY MANAGER DATE: �%. '� DATE: T i 1y REGISTER Al 1 Page 67 of 327 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 7101/23 THROUGH 7/09/23 Date Payee Gescriptian 7/3/2023 Unum 180.90 Long Term Care Premium„ -111 July 2023 7/3/2023 Pitney Bowes 10,000.00 Postage for City Half 7/7/2023 Mission Square 64,953.44 457 payment Vantagepoint 717/2023 Mission Square 1,038.46 401(a) payment Vantagepoint 7/7/2023 Mission Square 2,483.10 401(a) payment Vantagepoint 7/7/2023 Mission Square 100.00 IRA payment Vantagepoint 7/7/2023 ExpertPay 2,674.60 EFT Child support payment 6/26/23-6/30/23 Workers Comp Activity 62,341.93 SCRMA checks issued 6/26/23-6/30/23 Liability Trust - Claims 43,249.80 Claim checks issued/(voided) 6/26/23-6/30/23 Retiree Health Insurance 9,857.99 Health Reimbursment checks issued 196,880.22 GATE OF RATIFICATION: 7107t23 TOTAL PAYMENTS BY WIRE: 196,880.22 Certified as to the accuracy of the wire transfers by: Treasury & Cust6rrk6r Services Manager Date Chief Financial Officer —���' G Date I - [ 3 --Z7 City Manager Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. PACity TreasurerlWire Transfers`Wire Transfers 07-01-23 to 6-30.24 7/7/2023 1/1 Page 68 of 327 CITY OF EL SEGUNDO WARRANTS TOTALS BY DEPARTMENT AS OF 7/18/23 REGISTER # 1 DEPT# NAME TOTAL GENERAL FUND DEPARTMENTAL EXPENDITURES GENERAL GOVERNMENT 1101 City Council 2,190.53 1201 City Treasurer 489,00 1300 City Clerk 1,058.43 2101 City Manager 11,396.58 2102 Communications 4,080.00 2103 El Segundo Media 1,767.93 2201 City Attorney 2401 Economic Development 3,389,22 2402 Planning 10,500.26 2405 Human and Health Services 1,084.00 2500 Administrative Services 19,639.93 2601 Government Buildings 2,956.06 2900 Nondepartmental 1,153.00 6100 Library 4,732.59 64,437.53 PUBLIC SAFETY 3100 Police 20,086,24 3200 Fire 13,437.72 2403 Building Safety 2,403.11 2404 Ping/Bldg Sfty Administration 160.00 36, 087, 07 PUBLIC WORKS 4101 Engineering 33,055.64 4200 Streets 17,581.85 4300 Wastewater 1,446.75 4601 Equipment Maintenance 140.00 4801 Administration 200.00 52,424.24 COMMUNITY DEVELOPMENT 5100,5200 Recreation & Parks 37,027.25 5400 Centennial 10,181.99 47,209.24 EXPENDITURES CAPITAL IMPROVEMENT 65,27625 ALL OTHER ACCOUNTS 186,325.21 TOTAL WARRANTS 451,759.54 Page 69 of 327 GIRT411 City Council Agenda Statement ELSEGUNDO Meeting Date: August 15, 2023 Agenda Heading: Consent Item Number: B.4 TITLE: SB 1205 State Mandated Fire Inspection Compliance Report RECOMMENDATION: 1. Adopt the proposed Resolution acknowledging receipt of the El Segundo Fire Department's annual inspection compliance report, as required by California Health and Safety Code §§ 13146.2 and 13146.3. 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: There is no fiscal impact in the proposed adoption of a resolution to accept this report. BACKGROUND: California Health and Safety Codes § 13146.2 and 13146.3 require the City's Fire Department to perform annual inspections of specified structures for compliance with building standards. In December of 2016, a deadly fire at an Oakland warehouse (known as the "Ghost Ship Fire"), killed 36 people; the highest death toll for a structural fire in the United States in over 10 years. The outcome of the investigations from this tragic incident determined that even though the Office of the State Fire Marshal required annual inspections on various structures, the inspection reports were not mandated to be reported to any governing body, which could have established accountability and enforcement in ensuring that structural facilities are in compliance with building safety standards. Consequently, Senate Bill 1205 ("SB 1205") added § 13146.4 to the Health and Safety Code to require the Fire Department to report to the City Council the results of those mandated inspections referenced above. Specifically, public or private schools used by more than six (6) persons (Educational Group E Occupancies) and specified structures used for housing, such as hotels, motels, lodging houses, and apartment houses (Residential Group R Occupancies), must be inspected for compliance with building Page 70 of 327 SB 1205 State Mandated Fire Department Building Inspection Compliance August 15, 2023 Page 2 of 3 standards pursuant to § 13146.2 and 13146.3 of the California Health and Safety Code. SB 1205 requires fire departments to report annually to their administering authorities that these mandatory inspections have been conducted by resolution or similar format. DISCUSSION: The resolution and its adoption will serve as a formal document to fulfill the annual state law fire inspection reporting requirements. According to this law, annual building inspections and reporting must be conducted on two groups of occupancies: Educational Group E and Residential Group R. Educational Group E occupancies consist of public and private schools used by more than six persons at one time for educational purposes through the 12th grade. Further, Residential Group R occupancies are those containing sleeping units such as hotels, motels, lodging homes, and apartments (three units or more). El Segundo Fire Department ("ESFD") has an annual inspection program that is designed to meet and exceed the state's annual inspection requirements. For fiscal year 2022-2023, Group E (Educational Occupancies) had 17 of 20 buildings, structures, and/or facilities that were inspected. In Group R (Residential Occupancies), 315 of 529 occupancies were inspected. Occupancy Group E achieved a compliance rate of 85% and Occupancy Group R achieved a compliance rate of 59.55%. ESFD's plan to gain compliance includes- 1 . Additional hire of inspector (start date 5/10/23). 2. Redistribution of workload to include newly hired inspector as well as existing part-time and full-time inspectors for state -mandated inspections. 3. Fire suppression crews to conduct and prioritize state -mandated Occupancy Group R inspections. 4. Hire Fire Prevention Trainee to assist with state -mandated inspections. The fire department projects to gain compliance by 06/31/2024. CITY STRATEGIC PLAN COMPLIANCE: Goal 2: Support Community Safety and Preparedness Objective: El Segundo is a safe and prepared city. Nicole Pesqueira, Fire Marshal REVIEWED BY: Page 71 of 327 SB 1205 State Mandated Fire Department Building Inspection Compliance August 15, 2023 Page 3 of 3 Robert Espinosa, Interim Fire Chief APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: SB 1205 Draft Resolution 2023 Page 72 of 327 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA TO RECEIVE AND FILE A REPORT MADE BY THE FIRE CHIEF OF THE EL SEGUNDO FIRE DEPARTMENT REGARDING THE INSPECTION OF CERTAIN OCCUPANCIES REQUIRED PURSUANT TO § 13146.4 OF THE CALIFORNIA HEALTH AND SAFETY CODE. The City Council of the city of El Segundo does resolve as follows: SECTION 1. Findings. The City Council finds and declares as follows: A. California Health and Safety Code § 13146.4 (future section references will be to the California Health and Safety Code) was added in 2018, and became effective on September 27, 2018. B. Sections 13146.2 and 13146.3 require all fire departments, including the El Segundo Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided. C. Section § 13146.2 requires all fire departments, including the El Segundo Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with §§ 13146.2 and 13146.3. D. The City Council of the City of El Segundo intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the El Segundo Fire Department's compliance with §§ 13146.2 and 13146.3. SECTION 2. Receive and File. The City Council receives and files the annual El Segundo Fire Department's § 13146.4 compliance report and acknowledges the measure of compliance of the El Segundo Fire Department with §§13146.2 and 13146.3 as follows: A. EDUCATIONAL GROUP E OCCUPANCIES: Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. Within the City, there lie 20 Group E occupancies, buildings, structures and/or facilities. During fiscal year 2022-2023, the Page 73 of 327 El Segundo Fire Department completed the annual inspection of 17 Group E occupancies, buildings, structures and/or facilities. This is a compliance rate of 85% for this reporting period. Additional items of note regarding this compliance rate can be found in the accompanying staff report for this Resolution. B. RESIDENTIAL GROUP R OCCUPANCIES: Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including residential care facilities). These residential care facilities have a number of different sub -classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non -ambulatory or bedridden. Within the City of El Segundo, there lie 529 Group R (and their associated sub- categories) occupancies of this nature. During fiscal year 2022-2023, the El Segundo Fire Department completed the annual inspection of 315 Group R occupancies, buildings, structures and/or facilities. This is a compliance rate of 59.55% for this reporting period. Additional items of note regarding this compliance rate can be found in the accompanying staff report for this Resolution. SECTION 3. Environmental Review. This Resolution itself and the actions anticipated herein were reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"). Based upon that review, this action is exempt from further review pursuant to CEQA Guidelines § 15061(b)(3) because it can be seen with certainty that there is no possibility that the receipt and filing of the report contemplated in this Resolution may have a significant effect on the environment.. SECTION 4. Signature Authority. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is directed to attest thereto. SECTION 5. Effective Date. This Resolution will take effect immediately upon adoption and will remain effective unless repealed or superseded. SECTION 6. City Clerk Actions. The City Clerk will certify to the passage and adoption of this Resolution, enter it in the City's book of original Resolutions, and make a record of this action in the meeting's minutes. K Page 74 of 327 PASSED AND ADOPTED this day of , 2023. Drew Boyles, Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 I, Tracy Weaver, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the day of , 2023, and the same was so passed and adopted by the following roll call vote- AYES- NOES- ABSENT- ABSTAIN- ATTEST - Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK HENSLEY, CITY ATTORNEY Joaquin Vazquez, Deputy City Attorney 191 Page 75 of 327 GIRT411 City Council Agenda Statement ELSEGUNDO Meeting Date: August 15, 2023 Agenda Heading: Consent Item Number: B.5 TITLE: Notice of Completion of Checkout Building Restroom Facilities Improvement Project PW 21-09 RECOMMENDATION: Accept Checkout Building Restroom Facilities Improvement Project No. PW 21- 09, by Union Construction Company, as complete. 2. Authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. 3. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: Included in Adopted FY 2022-23 Budget Amount Budgeted: $553,295.14 Additional Appropriation: No. Account Numbers: $67,699.80 from 301-400-8201-8209 (CIP Fund, Facilities Repair) $28,970.34 from 001-400-4101-6206 (Eng. Services) $456,625.00 from 301-400-8202-8224 (CIP, Checkout Building) BACKGROUND: On March 15, 2022, City Council awarded a construction contract to Union Construction Company to remodel the existing Checkout Building restrooms, storage rooms, and mechanical room in the north half of the building. The project's purpose was to remove accessibility barriers, provide Americans with Disability Act ("ADA") compliant restroom facilities, and increase the number of restroom facilities for use. Page 76 of 327 Notice of Completion of Checkout Building Restroom Facilities Project August 15, 2023 Page 2 of 2 DISCUSSION: Union Construction Company began construction on July 6, 2022 and completed it on May 16, 2023. Additional work occurred during the construction of this project, consisting of water heater removal and replacement, extra needed hot water piping, vandalism -resistant faucet upgrades, installation of a recirculation pump, heating, ventilation, and air conditioning ("HVAC") unit servicing, additional plumbing, and additional concrete work totaling $74,909.14. There are sufficient funds in the budget to cover the additional expenses. The completed project greatly expanded the restroom capacity, and achieved full ADA compliance. Staff respectfully recommends that City Council accepts the work performed by Union Construction Company for the Checkout Building Restroom Facilities Improvement Project and authorizes the City Clerk to file a Notice of Completion with the County Recorder's office. CITY STRATEGIC PLAN COMPLIANCE: Goal 1: Enhance Customer Service, Diversity, Equity, Inclusion and Communication Objective 1A: El Segundo provides unparalleled service to all customers. Goal 4: Develop and Maintain Quality Infrastructure and Technology Objective 4A: El Segundo's physical infrastructure supports an inviting and safe community. PREPARED BY: Floriza Rivera, Principal Civil Engineer REVIEWED BY: Elias Sassoon, Public Works Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Vicinity Map PW 21-09 2. Location Map PW 21-09 3. Notice of Completion PW 21-09 4. Before and After Pictures PW 21-09 Page 77 of 327 Vicinity Map -'NDO Checkout Building Restroom Improvements E W 441 rmv Aw e E Map e Ave j Ef sogundo 0,T arz 0 A v e z Gf—,­d A E F2---,- E El S-egunah-ne NVO M C� �K Ang A ,gm e- E U Seg F S -,o 6,018.7 1 1 0 3,009.33 6,018.7 Feet DISCLAIMER The information shown on this map was compiled from different GIS sources. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. The City of El Segundo will not be held responsible for any claims, losses or damages resulting WGS-1984 Web —Mercator Auxiliary_Sphere from the use of this map. age 78 of 327 �\\ `h Location Map O Ei E*NDO Checkout Building Restroom Improvements Legend __= City Boundary Project Location F1 R�ecf�eavho n_ _t;4 188.1 0 94.04 188.1 Feet DISCLAIMER: The information shown on this map was compiled from different GIS sources. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. The City of El Segundo will not be held responsible for any claims, losses or damages resulting WGS_1984_Web—Mercator _Auxiliary_Sphere from the use of this map. Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name: Checkout Building Restroom Facilities Improvement Project Project No. PW 21-09 Contract No. 6311 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Recreation and Parks facilities. 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on May 16, 2023. The work done was: Checkout Building Restroom Facilities Improvement Project 6. On June 6, 2023, City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: Union Construction Company 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: • Checkout Building at 401 N. Sheldon St. in El Segundo, CA 90245 9. The street address of said property is: 401 N. Sheldon St. in El Segundo, CA 90245 Dated: 12023 City of El Segundo Elias Sassoon Public Works Director VERIFICATION I, the undersigned, say: I am the Director of Public Works of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on , 2023 at El Segundo, California. City of El Segundo Elias Sassoon Public Works Director Page 80 of 327 Checkout Building Restrooms Before and After Pictures Before: Northwest storage area and single restroom (formerly shower and locker room) Exterior area during construction After: Women's Public Restroom New door, ADA Four new regular stalls, one ADA signage, restroom stall, two sinks, mirrors, hand screen, outdoor dryer, tile, fixtures, lighting, and lighting, and window accessories Page 81 of 327 Before: West side Women's Restroom Three regular stalls After: West side Family Restroom New door, wall ADA signage, and window security bars. Door ADA signage added Exterior light fixture is discolored. New baby changing table, sink, mirror, hand dryer, tile, fixtures, and accessories Page 82 of 327 Before: Northeast storage area (formerly shower and locker room) After: Men's Public Restroom New door, ADA signage, restroom screen, and Electrical panels on south wall of northeast storage area Two new urinals, two regular stalls, one ADA stall, two sinks, mirmrs hand drver file lighting, fixtures, and accessories Page 83 of 327 Before: East side Men's Restroom Three regular stalls After: East side Family Restroom New door, ADA signage, window security bars New baby changing table, sink, mirror, hand dryer, tile, fixtures, and accessories Two urinals Page 84 of 327 Before: Mechanical Room Width of mechanical room approximately Affar- Looking upwards at HVAC unit. Torn insulation in areas. HVAC unit — missing filter box and intake aiae from roof HVAC unit: New intake pipe from roof, filter box, and insulation. Mechanical room is larger, as demonstrated with person unit. New insulation New lights and tankless water heater. Not shown: relocated electrical boxes, new transformer, new HVAC control box. Page 85 of 327 GIRT411 City Council Agenda Statement ELSEGUNDO Meeting Date: August 15, 2023 Agenda Heading: Consent Item Number: B.6 TITLE: Designation of Voting Delegate and Alternate to the Cal Cities - 2023 Annual Conference & Expo RECOMMENDATION: 1. Designate a voting delegate, and two alternates to the Cal Cities Annual Conference & Expo. 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: None. BACKGROUND: Cal Cities 2023 Annual Conference & Expo is September 20 - 22, 2023 in Sacramento. An important part of the Annual Conference is the Annual Business Meeting in which Cal Cities membership considers and acts on resolutions that establish Cal Cities' policy. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credential Committee. The voting card may be transferred freely between the voting delegate and alternates. DISCUSSION: Cal Cities bylaws require a city's voting delegate and up to two alternates must be designated by the City Council. Although no resolutions were submitted, delegates will still be asked to vote on proposed bylaw amendments submitted by the Cal Cities Board of Directors. CITY STRATEGIC PLAN COMPLIANCE: Goal 1: Enhance Customer Service, Diversity, Equity, Inclusion and Communication Page 86 of 327 Designation of Voting Delegate and Alternate to the Cal Cities - 2023 Annual Conference & Expo August 15, 2023 Page 2 of 2 Objective 1 B: El Segundo's engagement with the community ensures excellence. PREPARED BY: Mishia Jennings, Executive Assistant to City Council REVIEWED BY: Barbara Voss, Deputy City Manager APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 2023 Voting Delegate Packet Page 87 of 327 CALIFORNIA CITIIE Council•` Advised by August 28, 2023 DATE: Wednesday, June 21, 2023 TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center Every year, the League of California Cities convenes a member -driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy. Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions. To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official. Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28. New this year, we will host a pre -conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre- conference communications with voting delegates. Please view Cal Cities' v _E„t gEa� rneefiiEg p2j!i ,,y in advance of the conference. Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have vour city clerk or mavor sian the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. Page 88 of 327 LEAGUE OF C 11171 Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website. For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly. Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official. Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate. The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times: Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at zsealsCcalcities.org. Attachments: • General Assembly Voting Guidelines • Voting Delegate/Alternate Form • Information Sheet: Cal Cities Resolutions and the General Assembly Page 89 of 327 CALIFORNIA CiTI General Assembly Voting Guidelines l . One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy. 2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate. 6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate. 7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly. LEAGUE OF I T II IE S CITY: 2023 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to Cal Cities office by Monday, August 28, 2023. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk. 1. VOTING DELEGATE 1C'li'd� Title: 2. VOTING DELEGATE - ALTERNATE Name: Title: Email: will, iA 3. VOTING DELEGATE - ALTERNATE 11 •CTiIs'=- Title: Email: ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: Mayor or City Clerk: (circle one) (signature) Email: Date: Phone: Please complete and email this form to otiiilrwdlllirs,pllliiltiiis.oilr by Monday, August 28, 2023. Page 91 of 327 �LEAGUE OF IIIIII`1 warks- �jCA�L ii ii iiR�Mi General Resolutions Sixty days before the Annual Conference and Expo, Cal Cities members may submit policy proposals on issues of importance to cities. The resolution must have the concurrence of at least five additional member cities or individual members. Petitioned Resolutions The petitioned resolution is an alternate method _ to introduce policy proposals during the annual conference. The petition must be signed by voting delegates from 10% of member cities, and submitted to the Cal Cities President at least 24 hours before the beginning of the General Assembly. General Assembly Policy Committees The Cal Cities President assigns general resolutions to policy committees where members review, debate, and recommend positions for each policy proposal. Recommendations are forwarded to the Resolutions Committee. Resolutions Committee iaThe Resolutions Committee considers all resolutions. General Resolutions approved' by either a policy committee or the Resolutions Committee are next considered by the General Assembly. General resolutions not approved, or referred for further study by both a policy committee and the Resolutions Committee do not go the General Assembly. All Petitioned Resolutions are considered by the General Assembly, unless disqualified.2 • During the General Assembly, voting delegates debate and consider general and petitioned resolutions forwarded by the Resolutions Committee. Potential Cal Cities bylaws amendments are also considered at this meeting. lWhat's II lilll 3 • Voting delegates will receive increased communications to prepare them for their role during the General Assembly. • The General Assembly will take place earlier to allow more time for debate and discussion. • Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions. Cal Cities policy development is a member -informed process, grounded in the voices and experiences of city officials throughout the state. The Resolutions Committee includes representatives from each Cal Cities diversity caucus, regional division, municipal department, policy committee, as well as individuals appointed by the Cal Cities president. Voting delegates are appointed by each member city; every city has one voting delegate. The General Assembly is a meeting of the collective body of all voting delegates — one from every member city. Seven Policy Committees meet throughout the year to review and recommend positions to take on bills and regulatory proposals. Policy committees include members from each Cal Cities diversity caucus, regional division, municipal department, as well as individuals appointed by the Cal Cities president. The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). For i moire ilinf rir anion viisif www. ciIII ii,ti1es. i g/g eiriei'ciIII,asseimbl lly Page 92 of 327 GIRT411 City Council Agenda Statement ELSEGUNDO Meeting Date: August 15, 2023 Agenda Heading: Consent Item Number: 13.7 TITLE: Continuing Appropriations for Ongoing Capital Improvement Program Projects RECOMMENDATION: Approve continuing appropriations in FY 2023-24 for ongoing Capital Improvement Program (CIP) projects funded through Gas Tax, Prop C, Measure M, and Smoky Hollow Parking Lieu Fee Accounts as part of the FY 2022-23 budget. 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: Staff requests continuing appropriations in the following accounts by rolling over unencumbered ongoing CIP projects funding from FY 2022-23 to FY 2023-24: New appropriations for FY 2023-24 for continuing appropriations: Total $1,0,013 (budgeted in FY 2022-23) 001-400-4101-6304 (Smoky Hollow Parking in Lieu Fee) - $21,915.00 106-400-8203-8606 (Gas Tax, Sidewalk Repair) - $28,768.00 114-400-8203-8943 (Prop C, Local Street rehab.) - $1,296,60.00 127-400-0000-8382 (Measure M Expenditures) - $92,690.00 BACKGROUND: The City Council awarded the construction contracts for the Smoky Hollow Parking Pilot Project, Annual Concrete Repair Project, and El Segundo Boulevard Improvements Project from Illinois Street to Isis Street with the FY 2022-23 budget. The unencumbered fund balances for these ongoing projects need to be carried over into FY 2023-24. DISCUSSION: Page 93 of 327 Continuing Appropriations August 15, 2023 Page 2 of 2 City policy requires the City Council's approval for continuing appropriations which are necessary for the remaining balances in the accounts related to ongoing CIP projects. The construction of El Segundo Boulevard Improvements Project from Illinois Street to Isis Street will start in September 2023 and will be completed in late summer 2024. The construction of the Smoky Hollow Parking Pilot project will start in August 2023 and is scheduled to be completed in fall 2023. The construction of the Sidewalk Repair Project is scheduled to start and be completed in fall 2024. Staff recommend the City Council to approve actions as noted in the recommendations. CITY STRATEGIC PLAN COMPLIANCE: Goal 4: Develop and Maintain Quality Infrastructure and Technology Objective 4A: El Segundo's physical infrastructure supports an inviting and safe community. Goal 5: Champion Economic Development and Fiscal Sustainability Objective 513: El Segundo approaches its work in a financially strategic and responsible way. PREPARED BY: Lifan Xu, City Engineer REVIEWED BY: Elias Sassoon, Public Works Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: None Page 94 of 327 GIRT411 City Council Agenda Statement ELSEGUNDO Meeting Date: August 15, 2023 Agenda Heading: Consent Item Number: B.8 TITLE: Resolution Appointing Human Resources Director Rebecca Redyk as an Alternate Board Member to the Governing Board of the Independent Cities Risk Management Authority RECOMMENDATION: 1. Adopt the proposed Resolution appointing Human Resource Director Rebecca Redyk as an alternate representative to the Independent Cities Risk Manager Authority ("ICRMA") governing board ("ICRMA Board") and maintaining Interim Chief Financial Officer David Cain as Primary Board Member and Council Member Carol Pirsztuk as an alternate representative. 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: None. BACKGROUND: ICRMA is a joint powers authority created pursuant to provisions of the Government Code and was formed to provide liability, workers' compensation and property insurance as well as other risk management services. The ICRMA Joint Powers Agreement provides that each member city, like El Segundo, must appoint representatives to serve on the ICRMA Board. In addition to the primary representative, appointment of two alternates is also authorized. DISCUSSION: The Risk Manager position has served as an alternate on the ICRMA Board. With the recent vacation of that position, the City intends to replace the Risk Manager with Human Resources Director Rebecca Redyk as an alternate representative. As the Page 95 of 327 Appoint Human Resources Director as Alternate Board Member to the Governing Board of ICRMA August 15, 2023 Page 2 of 2 Human Resources Director oversees Risk Management and the Risk Manager position, this appointment to the ICRMA Board should provide a seamless transition and mutual benefit for the City and ICRMA Board. CITY STRATEGIC PLAN COMPLIANCE: Goal 2: Support Community Safety and Preparedness Objective: El Segundo is a safe and prepared city. Goal 5: Champion Economic Development and Fiscal Sustainability Objective 5B: El Segundo approaches its work in a financially strategic and responsible way. PREPARED BY: Hank Lu, Risk Manager, Human Resources REVIEWED BY: Rebecca Redyk, Human Resources Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Resolution Providing Appointing Representatives to the ICRMA Board Page 96 of 327 RESOLUTION NO. A RESOLUTION OF THE CITY OF EL SEGUNDO, CALIFORNIA APPOINTING REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY („ ICRMA-). The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. El Segundo is a member of the Independent Cities Risk Management Authority ("ICRMA"). B. Pursuant to the ICRMA By-laws and Joint Powers Agreement, the City Council may appoint a public official other than a City Council Member to the ICRMA Governing Board; and two alternates for the representatives who may be a City employee; C. Pursuant to Section 5.1 of the ICRMA By-laws, the person(s) designated must hold one of the following positions, or their equivalent: City Attorney, Assistant City Attorney, Financial Officer, City Manager, Assistant/Deputy City Manager, Assistant to the City Manager, Risk Manager, Human Resources Director/Manager, or Administrative Services Director. SECTION 2: Interim Chief Financial Officer David Cain is appointed as the City's representative; City Council Member Carol Pirsztuk is appointed as an alternate City representative. and Human Resources Director Rebecca Redyk is also appointed as an alternate City representative. SECTION 3: The individuals appointed by this Resolution are authorized to represent the City while acting as ICRMA delegates. Such authority includes the power to vote for the City on matters presented to the ICRMA Governing Board. These representatives are directed to keep the City Council regularly informed regarding ICRMA proceedings. SECTION 4: This Resolution is effective upon adoption and will remain effective unless repealed or superseded. PASSED AND ADOPTED this 15t" day of August, 2023. Drew Boyles, Mayor Page 97 of 327 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES 1 SS CITY OF EL SEGUNDO I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of , 2023, and the same was so passed and adopted by the following vote- AYES- NOES- ABSENT- ABSTAIN - Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY Mark D. Hensley, City Attorney Page 98 of 327 GIRT411 City Council Agenda Statement ELSEGUNDO Meeting Date: August 15, 2023 Agenda Heading: Consent Item Number: B.9 TITLE: Waive Formal Bidding Requirements to Update the City's Hazard Mitigation Plan RECOMMENDATION: 1. Waive formal bidding requirements pursuant to El Segundo Municipal Code § 1- 7-9(A) and authorize the City Manager to enter into an agreement with Emergency Planning Consultants to update the City's Hazard Mitigation Plan. 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: Included in the Adopted FY 2023-24 Budget Amount Budgeted: $52,500 Additional Appropriation: None. Account Number(s): 001-400-3255-6214 BACKGROUND: A Hazard Mitigation Plan ("HMP") is a federally -mandated plan to reduce injuries, deaths, property damage, economic losses, and degradation of natural resources due to natural hazard events. HMPs should be updated every five years. The City's Hazard Mitigation Plan expired in June 2022. DISCUSSION: Due to the urgency to update the City's HMP, staff recommends waiving the formal bidding process and directly contracting with Emergency Planning Consultants to update the City's HMP. Emergency Planning Consultants has written more than 130 FEMA-approved HMPs and authored the City of El Segundo's FEMA-approved HMP in 2009 under the leadership of former Fire Chief, Kevin Smith. EPC has prepared a long list of mitigation Page 99 of 327 Waive formal bidding requirements to update the City's Hazard Mitigation plan August 15, 2023 Page 2 of 2 plans for other jurisdictions throughout Los Angeles County, including the County's 2014 All -Hazards Mitigation Plan. It is in the City's best interest to waive bidding requirements and directly contract with Emergency Planning Consultants. Based on previous services delivered to the City of El Segundo for the 2009 HMP, and the urgent need to update the expired HMP, staff recommends entering an agreement with Emergency Planning Consultants for a total amount not to exceed $52,500 for FY 2023-24. CITY STRATEGIC PLAN COMPLIANCE: Goal 2: Support Community Safety and Preparedness Objective: El Segundo is a safe and prepared city. PREPARED BY: Vanessa Arias, Senior Management Analyst REVIEWED BY: Robert Espinosa, Interim Fire Chief APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: Emergency Planning Consultants Proposal - El Segundo 6.21.2023 Page 100 of 327 June 21, 2023 This proposal from Emergency Planning Consultants (EPC) responds to an inquiry by Senior Management Analyst Vanessa Arias concerning an update to the City of El Segundo's 2017 Hazard Mitigation Plan. City of El Segundo (a T/ulti-hazard Mitigation flan It has been my honor to have written more than 130 FEMA- approved hazard mitigation plans. More importantly, EPC authored the City of El Segundo FEMA-approved 2009 HMP under the leadership of then -Chief Kevin Smith. It's also important to note that EPC prepared a long list of mitigation plans for other jurisdictions throughout Los Angeles County including the County's 2014 All -Hazards Mitigation Plan. Adop(ed by City Council on Hazard mitigation planning has been at the very core of May 6,2008 "recovery planning" for decades but the Disaster Mitigation Act of 2000 elevated the importance of developing pre- Propao'wJ tieuJmr uonto'arl •tif0', disaster mitigation activities. Mitigation activities include (. nm d H t ,P eaLVtui projects, programs, and plans that assist with minimizing or eliminating threats associated with hazards. Since the passage of DMA 2000 there have been numerous case studies proving that the steps taken ahead to minimize and/or eliminate risks have greatly reduced damage and loss of life. Like wearing a seat belt in a car, mitigation has revolutionized disaster outcomes. Whether thought of as "insurance" or a "good investment", there is no doubt that mitigation is the right thing to do. If that's not enough incentive, federal regulations require public jurisdictions to maintain a FEMA-approved LHMP in order to be eligible for post -disaster Hazard Mitigation Grant Program funds. Additionally, recently there has been considerable discussion among other federal agencies about the future need for LHMPs to qualify for other types of post -disaster funding. EPC maintains the outstanding qualifications required to conduct hazard research and mapping, facilitate a robust planning process, actively encourage public involvement, negotiate with the California Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA) during the formal review process, and garner adoption by the City of El Segundo City Council. EPC President Carolyn Harshman has enjoyed two careers: City Planning and Emergency Management. Both careers Page 101 of 327 required continued improvement in professional skills of research, data collection, mapping, stakeholder involvement and community outreach, technical writing, public speaking, training design and delivery. Without a doubt, Emergency Planning Consultants is the subject matter expert in the field of hazard mitigation having written the most FEMA-approved plans in California. Carolyn J. Harshman is the sole proprietor of the woman -owned business known as Emergency Planning Consultants. The DBA (Doing Business As) is maintained through the County of San Diego, California. This proposal is valid for a period of one year and is signed by the sole proprietor of Emergency Planning Consultants. Respectfully, Carolyn J. Harshman, MPA, CEM President Emergency Planning Consultants Cell: 858-922-6964 epc@pacbell.net www.carolvnharshman.com 2 Page 102 of 327 Project Understanding and Approach to Scope of Work Statement of Project Understanding Emergency Planning Consultants (EPC) will build on the relevant content from the City's 2017 Hazard Mitigation Plan including its mitigation strategy actions, plan goals, and hazard history. An updated FEMA-approved HMP will restorein the City's eligibility to compete for Hazard Mitigation Grant Program funds which are made available to jurisdictions within the declared area following a Presidential Disaster Declaration. Additionally, FEMA new BRIC program (Building Resilient Infrastructure and Communities) is an annual source of mitigation funds available to jurisdictions with FEMA-approved mitigation plans. The intent of the federal government's Disaster Mitigation Act of 2000 (DMA 2000) is three -fold: a) To gather hazard, vulnerability, and mitigation information from the local level for use in state -level planning. b) To ensure that state and local hazard mitigation planning is coordinated to the greatest extent practical. c) To ensure that local jurisdictions are made aware of the hazards and vulnerabilities within their jurisdiction and to develop strategies to reduce those vulnerabilities. In order to meet all of those objectives, FEMA developed a "checklist" for use by the State and Federal reviewers. The Region IX Local Mitigation Plan Review Tool (PRT) includes the following tasks: ➢ Element A: Planning Process ➢ Element B: Risk Assessment ➢ Element C: Mitigation Strategy ➢ Element D: Plan Maintenance ➢ Element E: Plan Update ➢ Element F: Plan Adoption Regarding to the FEMA regulations for hazard mitigation planning, the project approach will definitely integrate the new guidelines identified in Local Mitigation Planning Policy Guide that was released April 19, 2022, and effective April 19, 2023. FEMA recently released an updated FEMA Plan Review Tool to coincide with the new Planning Policy Guide. 3 Page 103 of 327 Organizational Chart Details concerning specific roles and responsibilities are described later under "Project Management Plan — Experience and Qualification of Key Personnel". Approach to Work Program (Required and Optional Tasks) Preparation of a mitigation plan incorporates all of the federal requirements relating to local hazard mitigation plans. EPC's hazard mitigation planning approach has been perfected since 2005 when the federal government first required plans for local jurisdictions. Since that time great effort and time has gone into tracking the changes of "interpretations" by the regulatory agencies of the DMA 2000 legislation. Without publishing updates to the originating legislation, FEMA instead has published guidelines and has amended the FEMA Plan Review Tool used to judge the adequacy of plans. Understanding all the changes in interpretation is critical to writing a plan that can go through the state and FEMA reviewers with only minor revisions. The State of California and FEMA have both made significant staffing changes over the past year resulting in more consistent reviews and fewer unjustified requested changes. Recently, FEMA review staff have worked closely with state review staff to better understand the requirements in order to streamline the review process. With so many FEMA approved plans, obviously EPC clearly understands both the regulations and "interpretations" so goes into the review process as aligned as possible. All said, the key to an efficient and successful review is to be absolutely certain that every required component is clearly indicated in the plan. EPC accomplishes this through the use of "milestones" throughout the plan indicating the exact FEMA Plan Review Tool reference. Nothing can replace EPC's years of experience and track record at facilitating and writing FEMA-approved Mitigation Plans. This experience has also prepared us for any unexpected challenges with other aspects of the planning process — Planning Team Meetings, community outreach, facilitating the formal review, and participating in the adoption meeting. EPC prides itself on working closely with the jurisdiction's Point of Contact to bend and adjust to the content, format, and scheduling needs. F Page 104 of 327 EPC methodology is based on a dedication to continuous learning and improvement. Every mitigation plan is a mix of the community profile and hazards. This is balanced with the federal regulations and planning directives from the State of California. As each EPC mitigation plan is written it is tempered by lessons learned about hazards and recent interpretations by the Cal OES and FEMA reviewers. To ensure compliance with the federal regulations, the plan will include "milestones" indicating the location of required content. The project objectives will be met by following EPC rigid process of data collection, hazard research, meeting management, and mastery of the regulations guiding the development of hazard mitigation plans. Although the plan's approval is certainly the goal, the focus on the project approach is tc create a planning process that will imprint and motivate the Hazard Mitigation Planning Team throughout the implementation phase. EPC takes great pride in building a culture of awareness regarding hazard mitigation. Phase 1— Planning/Development Process and Organize Resources Planning Process The project will be supported by the involvement of two groups of stakeholders: 1) Primary - Planning Team, and 2) Secondary - General Public and External Agencies. The purpose and commitments are delineated below. Public Involvement (General Public and External Agencies) will be the backbone of the Community Outreach portion of the project and the options for involving the public will be discussed at the first Planning Team meeting. In order to comply with FEMA requirements, it is critical that individuals and organizations outside of the Planning Team have access to the plan during the "plan writing process". In compliance with the 2023 FEMA guidance, a deliberate effort will be made to identify and involve underserved communities and socially vulnerable populations. EPC will work closely with the City staff tasked with preparing the General Plan — Housing Element to acquire lists of organizations that provide services to the identified group. Although live public meetings can be helpful, hazard mitigation planning does not attract a crowd. Therefore, EPC recommends using other techniques for sharing information and gathering input from the Secondary Stakeholders. Webinars will be designed and delivered by EPC to stakeholder groups. The webinars will be delivered live and recorded for posting on the City's website. Home and Business Mitigation will be encouraged with EPC community outreach tools: o Distribution a range of EPC-produced handouts sharing mitigation techniques available to residents and businesses. 5 Page 105 of 327 N1 µ � r 'h J I111 A R T' H M U A III 11:1�. - MMA MIZE OR ELY14/NNATE M'NREA.TS ASS00ATED WAIN HAZARLIS .: U A -1k, 1.1 ,-, C3 F'rutacpi nr�t ruU err ime s al.wr.+: and fry o p —_h— fo 13U� ra,veG-tl y�v llrc �mdtner ir�fa re ie S�:'x 4 rlly cnN u:,w urrA El Strop rdrn ewbf..l hpril-1 ualh lulu rA 1 yr Q S. d h—V NI rr III and WW a.na evrNrk ry 1 ra # ,rnNri ,h7� tl cfF,u hea g�irzY9a.. III CO [AtiE#Ptl€DRMA110NI HIFH& o Links to hazard information allowing home and business owners to identify specific hazards impacting their own properties (State of California's o FEMA requires the Draft Plan be made available to the general public and external agencies (e.g., adjoining jurisdictions, servicing special districts, underserved communities, socially vulnerable populations, etc.) during the plan writing phase. EPC recommends posting the Second Draft Plan on the City's website and using existing notification methods including social media, newsletters, or other means to inform the general public of the Plan's availability. As for the external agencies, EPC will provide email content for distribution to the various agencies (not yet including Cal OES and FEMA) including the link to the posting of the Second Draft Plan. All information gathered will be included in the Third Draft Plan. Planning Team EPC recommends that the Planning Team consist of representatives from departments within the City with responsibilities identified in the 2017 HMP. A week in advance of the 4t" Planning Team meeting, the First Draft Plan will be distributed. As City participants are selected for the Team, it's important to keep in mind that hazard mitigation focuses on regulatory controls as well as construction and maintenance of buildings and infrastructure. EPC will provide agendas, handouts, minutes, and PowerPoints for each meeting. EPC President Carolyn Harshman will facilitate each of the four meetings. As of now, it is expected that the meetings will be delivered virtually. EPC maintains a Zoom account. Should the City choose a different medium for conducting meetings, EPC will accommodate those requests. f: Page 106 of 327 o Planning Team Meeting #1 (2 hours) ■ The purpose of the first meeting is to provide a general overview of the project, update plan goals, review project timeline, gather pertinent documents, confirm roles and membership of the Planning Team, review the concepts and standards contained in the DMA 2000, 2023 FEMA Local Mitigation Planning Policy Guide, and updated FEMA Plan Review Tool, discuss availability of mapping resources, and examine the initial hazard assessment. o Opportunities relating to the community outreach approach will also be discussed. o Planning Team Meeting #2 (2 hours) ■ The purpose of the second meeting is to begin work on the Mitigation Strategy. This will involve capturing the status of the mitigation actions identified in the 2018 LHMP along with other existing mitigation activities since that plan. EPC will work in advance of the meeting to review the General Plan — Public Safety Element, Annual Budget, and Capital Improvement Program in order to capture any already identified mitigation -related projects or policies that can be included in the plan. o Planning Team Meeting #3 (2 hours) ■ The purpose of the third meeting is to develop new mitigation action items. During the meeting EPC will distribute a planning tool that contains a comprehensive list of mitigation actions from a wide variety of jurisdictional plans. The use of this comprehensive list will assist and expedite the Planning Team's process of identifying existing and future mitigation actions. o Planning Team Meeting #4 (2 hours) ■ Review of the First Draft Plan will be preceded by advance distribution of the document to the Planning Team. The meeting will provide an opportunity for the Planning Team to provide input to the First Draft Plan. Also, this meeting will include a discussion on final preparations and logistics for soliciting input from the general public and external agencies during the distribution of the Second Draft Plan. Phase 2 — Threat and Hazard Identification Risk Assessment (Hazard Identification, Vulnerability Assessment, and Capability Assessment) The Hazard Mitigation Plan will be completed in compliance with the requirements of the federal government Disaster Mitigation Act of 2000 (DMA 2000) and FEMA's 2023 Local Mitigation Planning Policy Guide. Building on those materials and other FEMA mitigation "how-to guides", the following methodology will be utilized: • Hazard Identification and Profiles will be included in the Risk Assessment. EPC will build off of the Risk Assessment in the City's 2017 HMP, 2019 County of Los Angeles All -Hazards 7 Page 107 of 327 Mitigation Plan, and the 2018 California State Mitigation Plan. Additionally, the 1992 General Plan -Safety Element and the Emergency Operations Plan will be reviewed for hazard and risk -related information as well as history of previous occurrences. In addition to using information from these resources, the plan will include ways to cross-reference and integrate the mitigation plan with the other documents identified above. EPC also maintains a broad range of resources for information regarding historical disasters. EPC will begin the Risk Assessment process with a review of the hazards identified as significant in the 2017 HMP. It's important to note that attention should be given to natural hazards as identified in the hazard mitigation grant requirements. During the first Planning Team meeting, the hazards will be discussed, and EPC will provide recommendations on a final hazards list. The Risk Assessment in the LHMP will include hazard -specific chapters including EPC- produced HAZUS-MH maps and reports (see below). • Hazard Mapping resources within the jurisdiction will be utilized by EPC to assist the reader in understanding the location and vulnerability to hazards. Additionally, EPC will produce any other maps necessary to properly explain the location of hazards as they relate to critical and essential facilities. Also, see below for a discussion on HAZUS-MH. • HAZUS will be used to estimate potential losses. HAZUS-MH (Hazards United States — Multi -Hazard) is a software produced by FEMA designed to estimate loss projections for earthquake, hurricane, flooding, and tsunami. EPC will prepare a minimum of three HAZUS-MH Level 2 maps and reports. The specific scenarios will be selected in coordination with the Planning Team. HAZUS-MH utilizes data from the most recent U.S. Census. That information is overlaid with a hazard scenario (e.g., San Andreas Fault). In the case of an earthquake scenario, the HAZUS-MH output is a map showing shaking intensities along with a detailed report on impacts to people, structures, infrastructure, and utilities. A dam inundation sample HAZUS-MH flood map prepared by EPC is shown on the left. • Capability Assessment includes a list of the programs (departments, strategic plans, budgets, facility improvement plans), policies, and personnel available within the jurisdiction to complete the Mitigation Strategy. Page 108 of 327 • Vulnerability Assessment will also be included in the Risk Assessment specifically identifying each of the City -owned essential and critical facilities as to hazard vulnerability. In addition to the HAZUS maps and reports discussed below, EPC will produce hazard -specific maps showing the location of the City's essential and critical facilities. Community Profile will be developed for the project area. More than just demographics and organizational structure, the Profile reflects the history and unique characteristics of the community. Also, recent updates to FEMA guidelines and State of California legislation require discussions on identification of underserved communities and socially vulnerable populations. In addition, the Community Profile will include impacts of climate change on the project area. Phase 3 — Hazard Mitigation Strategy • Hazard Mitigation Goals will be built off of the goals in the 2017 HMP. This task will be accomplished during the first Planning Team meeting. Hazard Mitigation Actions Items are the very core of the mitigation plan. The mitigation actions in the 2017 HMP will be the starting point of this process in order to establish the accomplishments since the original plan. In addition to the action itself, the FEMA regulations now require additional detail in describing the various action items. Each mitigation action item will be accompanied with a timeline, assigned department, goals accomplished, linkage to building/infrastructure, cost, benefit, priority, and indication of whether the action will directly impact underserved and/or socially vulnerable populations. The entire Mitigation Strategy will be updated to comply with all contemporary FEMA standards. During the third Planning Team meeting our focus will be on developing new action items. This will include capturing ongoing activities not included in the 2017 HMP as well as developing new items for the future. Future ideas will be created by Planning Team members as well as drawn from pertinent General Plan policies, the Capital Improvement Program, and contemporary ideas. During this brainstorming process, members will be encouraged to think through the various hazards and come up with projects and programs that could be funded through the federal Hazard Mitigation Grant Program (HMGP) and other state and federal pre- and post -disaster funding mechanisms. EPC will present simple tools for ranking cost and benefit. Prior to both of the meetings, EPC will prepare and distribute materials that will streamline discussions during the meetings. Phase 4 — Hazard Plan Implementation and Maintenance Process • Monitoring, Evaluating and Updating will be discussed in the Plan Maintenance chapter which will include identifying the timing and tasks involved in implementing the FEMA-approved HMP. While the Mitigation Actions Matrix itself will contain all of the FEMA-mandated and practical information required to implement, the Plan Maintenance chapter will outline the schedule and process for implementing the E Page 109 of 327 Matrix. The Plan Maintenance chapter will include an Implementation Plan for tracking progress on a quarterly/annual basis. Following is a sample of what the Implementation Plan will look like: Plan Goals Addressed' IP. P 1 1 -6 e rr c c GQ c ro 'did c "° rir 4 U yy c'S rm c �" c W.i E �a rw MH-1 Continue to integrate Disaster Yearlly X X: X X X: GF/GR„ GP'/Zo/l3C H Revised — the goals and action items Management coordinating from the Hazard Mitigation Planning organization.: Plan (Plan) into existing Committee (DMPC) Hold monthly regulatory documents and meetings programs, where address iissues appropriate. MH-2 Identify and pursue DMPC Yearly X X X X X GF/G,R, GIP'/ZCG/6C H Revised — funding opportunities to coordinating devellap and implement organization.. Ilocall mitigation activities. Monthly Grant Committee Meetings Incorporation into Existing Planning Mechanisms is particularly important if mitigation is to be achieved successfully. It's common for the City's General Plan, Emergency Operations Plan, Zoning Ordinance, Floodplain Management Plan, Storm Water Management Plan, or other regulatory documents to be closely associated with many of the mitigation actions items. FEMA wants to ensure that the mitigation plan is not a stand-alone document but rather part of a comprehensive approach to hazard mitigation. The Implementation Schedule will be based on how frequently the Planning Team intends to meet each year. Whether monthly, bi-monthly, quarterly, bi-annual, or annual, FEMA requires a minimum of annual meeting. Following is a sample implementation schedule: Monitoring XX XX XX XX XX Evaluating Internal Planning Team Evaluation X X X X X Cal OES and FEMA Evaluation X Updating X Continued Public Involvement can include sharing information on completion of mitigation action items, summaries of Planning Team implementation meetings, 10 Page 110 of 327 announcement of seeking/winning mitigation -related grants, and news of plan updates. Final Plan results after a lengthy formal review by Cal OES and FEMA. To begin the formal review and approval process, EPC will forward an electronic copy of the Third Draft Plan and a FEMA Plan Review Tool to Cal OES. EPC will work with the formal reviewers on complying with any DMA 2000-justified revisions requested by Cal OES and FEMA. HMP Adoption and Approval involves an adoption by the City Council and approval by FEMA. Upon receipt of the Approval Pending Adoption letter from FEMA, the Final Draft Plan will be scheduled for presentation to the City Council for adoption. EPC will prepare a staff report, resolution, and PowerPoint. EPC President Carolyn Harshman will be available for a virtual presentation to the City Council should that be desired. Following the Council meeting, proof of adoption will be forwarded to FEMA. FEMA will then send an email and Letter of Approval. EPC will incorporate the Letter of Approval into the Final Plan. EPC will continue to lead the planning process until the Letter of Approval is received from FEMA and incorporated into the Final Plan. Roles and Responsibilities for City Staff The most common obstacle in the planning process is the lack of time on the part of the jurisdiction's Planning Team members. EPC totally understands how local government staff are stretched to the limit. That's the reason we take so much pride in "doing the heavy lifting". We do the research and the homework and develop tools to make the planning process easy and hopefully even fun. In total, the Planning Team can expect to spend no more than 10 hours on the entire project. There are 4 2-hour meetings and 2 hours will be needed to review the First Draft Plan. As for the City Project Manager, more time will be required for EPC communications, information requests, and participating in the Community Outreach process, and City Council meeting. Altogether, the City Project Manager can expect to spend approximately 20-30 hours on the project. All the external review details and negotiations will be handled by EPC. Project Management Plan Project Schedule The Project Schedule includes four weekly or monthly Planning Team meetings. This approach keeps the information fresh in the minds of the Team and allows us to get the Plan in the hands of the formal reviewers (Cal OES, FEMA) as quickly as possible. This will ensure the City's eligibility for HMGP and other grants requiring approved mitigation plans. 11 Page 111 of 327 w �w III�IIII � 1III�I ��w III III IIII �rm wwv III �w IIII� WLm IIII� WLm �w www www w„ �w e , �IIIIN � �w Planning/Development Process and Organize Resources First Draft, Second Draft, Third Draft, Final Draft, Final X X X X X X X X X Planning Team Meeting #1 LHMP Overview and X Initial Hazard Briefing Planning Team Meeting #2 HAZUS and Status of 2018 Mitigation Action Items X Planning Team Meeting #3 Future Mitigation X Action Items Planning Team Meeting #4 Review First Draft Plan X Encourage Public Participation in Household X and Business Mitigation Activities Social Media General Public and External Agency Input to Second Draft Plan X Risk Assessment Conduct Risk and Vulnerability Assessment X X Prepare HAZUS and Critical Asset Maps X X Prepare Capability Assessment X X Hazard Mitigation Strategy Update Mitigation Actions X Prepare New Mitigation Actions X Include Monitoring, Evaluating and Updating the X X Plan Plan Maintenance Process Submit Third Draft Plan to Cal OES/FEMA. Complete Mandated Revisions. X X X X Receive FEMA's Approvable Pending Adoption X Post and Conduct City Council Meeting to Adopt X the Final Draft Plan Submit Proof of Adoption to FEMA X Receive FEMA Final Approval X Incorporate FEMA Final Approval into Final Plan X Communications Approach As identified below the EPC Project Manager and EPC Support Team communicate at least once each week and any other time as needed. The EPC Project Manager will communicate with the City's Project Manager on a monthly basis or more frequently as necessary. The majority of the communication will be with the full Planning Team while special requests for resources (mapping, data, documents) will go to the City's Project Manager. The preferred method of communication is email in order for the EPC Project 12 Page 112 of 327 Manager to maintain documentation of all conversations. Meetings will be conducted over EPC's Zoom account. Quality Assurance / Quality Control Approach As identified in the detailed project approach and schedule later in the proposal, EPC Project Manager Carolyn Harshman will have eyes on the project at all times including facilitating each of the Planning Team meetings, the Community Outreach, and City Council meeting. She will also be the sole contract for the City Project Manager and will lead the EPC Support Team through daily communications. Her most important role will be as the Principal Planner as she weaves the work of the EPC Support Team and Planning Team's contributions into the plan's writing. Experience and Qualifications Summary of Relevant Projects Although EPC will gladly provide a comprehensive list of emergency management consulting accomplishments (plans, training, and exercises), below is the list of the more recent hazard mitigation plans (2020-present). Staff assignments: Harshman (CH), Alex Fritzler (AF), Megan Fritzler (MF). Ms. Harshman served/serves as the EPC Project Manager and Principal Planner for each of these projects. Cities of Rancho Palos Verdes and FEMA Approved 2020 CH, MF Rolling Hills Estates — Planning Departments City of Compton — Fire Department FEMA Approved 2023 CH, MF City of Covina — Police Department FEMA Approved 2020 CH, MF City of Duarte — Planning Department FEMA Approved 2020 CH, MF City of Fontana — Planning Plan Writing Phase 2023 CH, MF Department City of La Habra Heights — City FEMA Approved 2022 CH, MF Manager's Office City of Monterey Park — Fire Plan Writing Phase 2023 CH, MF Department City of Rosemead — Public Safety Plan Writing Phase 2023 CH, AF Department City of Santa Ana FEMA Approved 2022 CH, MF City of San Fernando — Public Works FEMA Approved 2021 CH, MF Department City of Signal Hill — Police Plan Writing Phase 2023 CH, AF Department City of Sierra Madre — Fire FEMA Approved 2020 CH, MF Department City of South El Monte — Public FEMA Approved 2021 CH, MF Works Department 13 Page 113 of 327 City of Walnut, Mt. San Antonio FEMA Approved 2020 CH, AF Community College District, Walnut Valley Unified School District — Various Departments Jurupa Community Services District — FEMA Approved 2021 CH, AF Safety & Emergency Management Department Los Angeles County Metropolitan FEMA Approved 2022 CH, MF Transit Authority (LA Metro) — Homeland Security & Emergency Management Department Morongo Unified School District — FEMA Approved 2020 CH, MF Maintenance & Operations Department Mountains Recreation and FEMA Approved 2022 CH, MF Conservation Authority — Planning Department Public Water Agencies Group — Plan Writing Phase 2023 CH, AF General Managers Sonoma County Office of Education FEMA Approved 2023 CH, MF (Multi -Jurisdictional Hazard Mitigation Plan) — Business Services Department References The following references are for Hazard Mitigation Plan written, adopted, and approved during the past 3 years. Los Angeles Metropolitan Ms. Moniek Pointer, (213) 264-0858 Transportation Authority Manager, Emergency Management Department, Planning Team Chair City of Santa Ana Mr. Steve Rhyner, (714) 647-5315 Emergency Operations Coordinator, Planning Team Chair City of Duarte Mr. Jason Golding, (626) 357-7931 x231 Planning Division Manager Experience and Qualification of Key Personnel The EPC Team selected for this project is the perfect balance of subject matter history, expertise, background, and local knowledge. 14 Page 114 of 327 Name: Carolyn J. Harshman, CEM Education: Master of Public Administration Professional Affiliations: International Association of Emergency Managers, California Emergency Services Association, National Hazard Mitigation Association Professional Licenses and Certifications: Certified Emergency Manager Carolyn Harshman, CEM is the sole proprietor Owner and President of Emergency Planning Consultants and will serve as the EPC Project Manager and Principal Planner. Preparing a Hazard Mitigation Plan requires subject matter expertise in the areas of emergency response planning, hazard mitigation planning, mapping, and land use planning. With backgrounds in both land use planning and emergency management, Ms. Harshman is the right fit for facilitating the planning project. Ms. Harshman will serve as the EPC Project Manager to the City Project Manager and maintains responsibility for all aspects of the contracted services. Monthly status updates will be provided to the City Project Manager including budget and work progress. Invoices will be submitted according to the terms of the contract. As Principal Planner, Ms. Harshman will lead the project by facilitating and participating in all Planning Team meetings, community outreach activities, and the City Council meeting. She will serve as the principal author and maintain quality control over the document at all times. Ms. Harshman will also manage relationships and work products with the EPC Support Team, ensuring quality control and continuous improvement by conducting weekly meetings with the EPC Support Team. Prior to working in the field of emergency management, Ms. Harshman enjoyed a combined 20-year career as a city, regional, and redevelopment planner for the County of San Diego, City of San Diego, and Southeastern Economic Development Corporation. In her role as a land use planner Ms. Harshman prepared General Plan Amendments, Community Plans, Zoning Ordinance revisions, and conducted hundreds of community meetings. As a local government staff member for so many years, Carolyn is very familiar with the organization, roles, and responsibilities of government entities. Ms. Harshman began work in the field of emergency management in 1984 when she was hired as a hazard planner for the County of San Diego's Office of Disaster Preparedness. There she updated the County's Emergency Operations Plan and also served as the Hazards Officer. Responding to requests from other jurisdictions to provide consulting services, Carolyn began part-time work as a consultant in 1986 writing Multi -Hazard Functional Plans (now known as Emergency Operations Plans) and providing training. In 1997, she ended her career with local government and established Emergency Planning Consultants. Ms. Harshman has been a member of FEMA's Emergency Management Institute's Planning Advisory Board since 2005, involved in each update to the Emergency Planning Course (G235). Also, she taught FEMA's pilot course deliveries for the Comprehensive Preparedness Guide (CPG) 101. The revised CPG 101 regulations 15 Page 115 of 327 provide guidance on styles and content for emergency operations plans, placing emphasis on engaging the "whole community" — including those with access and functional needs, children, and those with household pets and service animals. Carolyn has completed and teaches FEMA Master Trainer Program courses as well as a variety of other courses at the Emergency Management Institute, California Specialized Training Institute, and as an adjunct instructor at a variety of educational facilities. Ms. Harshman holds a Master of Public Administration (MPA) degree from San Diego State University and is a Certified Emergency Manager (CEM), as conferred by the International Association of Emergency Managers. Actively engaged in professional development, Ms. Harshman was in FEMA's first cohort of the National Emergency Management Executive Academy as well as FEMA's first cohort of the Vanguard Crisis Leadership Fellows Program. Ms. Harshman is an active leader in the six thousand member International Association of Emergency Managers, serving as Chair of the Conference Committee, Chair of the Leadership Symposium, Chair of the Membership & Marketing Committee, President of IAEM-USA Region 9 (California, Arizona, Nevada, Hawaii, and Pacific Territories), Second Vice President of IAEM-USA, First Vice President of IAEM-USA, President of IAEM-USA, and presently Immediate Past President of IAEM-USA. EPC Support Team Name: Alex L. Fritzler Education: Bachelor of Arts — Business Administration Alex Fritzler is a part-time EPC independent contractor serving as the Lead Research Analyst and Mapper. He is responsible for hazard and demographic research, writing, technical services, graphics, data analysis, mapping services, and HAZUS. Alex has assisted with the preparation of more than thirty local government hazard mitigation plans and HAZUS projects since joining EPC in 2010. Name: Megan R. Fritzler Education: Bachelor of Arts — Liberal Studies Megan Fritzler is a part-time EPC independent contractor serving as the Research Analyst. She is responsible for hazard and demographic research and writing in support of hazard mitigation plans. Since 2018, Megan has assisted with the preparation of ten local government hazard mitigation plans most recently including: Los Angeles County Metropolitan Transportation Authority (Metro) and Sonoma County Office of Education. 16 Page 116 of 327 Cost Proposal Planning Process Writing Drafts and Final Plan 40 hrs, $10,000 40 hrs, $6,000 $16,000 Planning Team Meeting Preparation and 16 hrs, $4,000 Deliver 4 total $4,000 Community Outreach Strategy and 20 hrs, $5,000 Delivery $5,000 Incorporate Public and External Agency 4 hrs, $1,000 Input to Second Draft Plan $1,000 Submit Third Draft Plan to Cal g hrs, OES/FEMA. Complete Mandated $2,000 $2,000 Revisions. Post and Conduct City Council Meeting to Adopt the Final Draft Plan (includes 4 hrs, $1,000 staff report, resolution, PowerPoint $1,000 presentation materials Risk Assessment Conduct Risk Assessment and 32 hrs, 20 hrs, 50hrs, Capability Assessment (includes $8,000 $3,000 $5,000 $16,000 hazard -specific maps) Prepare HAZUS (includes maps and 50 hrs, $7,500 reports) $7,500 Hazard Mitigation Strategy Develop Mitigation Actions for Ongoing City Projects (included in Planning Process — Planning Team meetings) Develop Mitigation Actions for Future City Projects (included in Planning Process — Planning Team meetings) Task D: Hazard Mitigation Plan Maintenance Process Prepare Plan Maintenance Chapter defining Monitoring, Evaluating and Updating the Plan (included under Planning Process - Plan Writing) Totals $52,500.00 Classifications, Names, and Hourly Rates: Project Manager and Principal Planner: Carolyn J. Harshman ($250/hr) Lead Research Analyst and Mapper: Alex Fritzler ($150/hr) Research Analyst: Megan Fritzler ($100/hr) 17 Page 117 of 327 GIRT411 City Council Agenda Statement ELSEGUNDO Meeting Date: August 15, 2023 Agenda Heading: Staff Presentations Item Number: D.10 TITLE: Amendment to the City Manager's Employment Agreement to Increase the Annual Base Salary RECOMMENDATION: 1. Approve the proposed amendment to the City Manager's Employment Agreement to provide a four percent annual base salary increase ($270,000 to $280,800). 2. Adopt a resolution setting forth a corresponding salary schedule for the City Manager. 3. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: The fiscal impact of the proposed amendment's retroactivity to January 1, 2023 is $6,941 for FY 2022-23. The ongoing fiscal year impact is $13,882 for FY 2023-24. Since the funding for this proposed amendment is not included in the adopted FY 2023- 24 General Fund budget, the staff is requesting the following budget increases: New appropriations for FY 2023-24: Total $13,882 001-400-2101-4100 Salaries Full Time - $10,800.00 001-400-2101-4201 Retirement CaIPERS - $1,100.00 001-400-2101-4202 FICA-$826.00 001-400-2101-4203 Workers' Compensation - $76.00 001-400-2101-4211 401(a) Employer's Contribution - $1,080.00 BACKGROUND: The City of El Segundo entered into an employment agreement on July 1, 2022 with Darrell George to serve as the City Manager (the "Agreement"). This Agreement established certain conditions of employment, provided compensation and benefits, and Page 118 of 327 City Manager's Employment Agreement August 15, 2023 Page 2 of 2 set working conditions, as approved by the El Segundo City Council on June 21, 2022 under agenda item D.14. DISCUSSION: On June 6, 2023, the City Council conducted its second annual performance evaluation of the City Manager, and on June 20, 2023, the Council discussed the terms and conditions of the Agreement, including his base salary. The City Council may provide salary adjustments for the City Manager, pursuant to Agreement Sections 4 and 6. In accordance with such deliberations, the proposed amendment to the Agreement provides for a salary adjustment of 4% beginning the pay period that includes January 1, 2023, adjusting the City Manager's base salary from $270,000 to $280,800. If approved by the City Council, Human Resources and Finance staff will work together to implement the adjustment. Pursuant to Government Code § 53262(a), this Agreement amendment is proposed in an open session of the City Council. In accordance with Government Code § 5362(b), the Agreement and the proposed amendment are available to the public upon request. CITY STRATEGIC PLAN COMPLIANCE: Goal 3: Promote a Quality Workforce Through Teamwork and Organizational Efficiencies Objective: El Segundo is an employer of choice and consistently hires for the future, with a workforce that is inspired, world -class, engaged and innovative. PREPARED BY: Rebecca Redyk, Human Resources Director REVIEWED BY: Rebecca Redyk, Human Resources Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. First Amendment - City Manager Employment Agreement - Darrell George 2. Darrell George Employment Agreement 3. Resolution Modifying the Annual Salary for the City Manager Page 119 of 327 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN CITY OF EL SEGUNDO AND DARRELL GEORGE (CITY MANAGER) THIS FIRST AMENDMENT ("Amendment") to that certain city manager employment agreement (the "Agreement"), dated as of July 1, 2022, by and between the City of El Segundo, a general law city and municipal corporation existing under the laws of California ("CITY"), and Darrell George, an individual ("CITY MANAGER"), is entered into this 15th day of August, 2023. CITY and CITY MANAGER (the "Parties") agree as follows: The Parties seek to amend the Agreement as set forth below. 2. Agreement Section 4 is amended to increase the "Base Salary," as such term is defined therein, from $270,000 to $280,800, and such increase will be retroactively effective to January 1, 2023 and include the pay period beginning on such date. 3. This Amendment may be executed in any number of counterparts, and all such counterparts so executed constitute one Amendment binding on all the parties notwithstanding that all the parties are not signatories to the same counterpart. 4. Except as modified by this Amendment, all other terms and conditions of the Agreement will remain the same. [SIGNATURES ON NEXT PAGE] Page 120 of 327 IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first hereinabove written. CITY OF EL SEGUNDO, CITY MANAGER, Drew Boyles Mayor ATTEST: Tracy Weaver City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY IN Joaquin Vazquez Assistant City Attorney 2 Darrell George Page 121 of 327 EMPLOYMENT AGREEMENT BETWEEN CITY OF EL SEGUNDO AND CITY MANAGER This Employment Agreement ("Agreement") is entered into on this 1st day of July 2022 ("effective Date") between City of El Segundo ("City") and Darrell George ("City Manager"). RECITALS A. City desires to employ services of Darrell George to serve as its City Manager. B. City desires to establish certain conditions and of employment, provide certain compensation and benefits, and set working conditions for such employment, as authorized by El Segundo City Council. C. Darrell George desires to accept such employment on terms, as set forth herein. AGREEMENT The parties agree as follows: Section 1. Duties — Exclusive Employment City agrees to employ Darrell George as city manager to serve as the City's chief executive officer and to perform the duties and functions specified in: A) California state law; B) El Segundo Municipal Code (including having the authority to interview, hire, and dismiss employees, and to direct City work force in accordance with applicable state laws, the El Segundo Municipal Code and applicable personnel rules and bargaining unit agreements); C) Applicable City ordinances, resolutions, rules, and policies; D) Current City job specifications; and, E) Other legally permissible duties and functions as City Council may direct from time to time. City Manager agrees that he will, at all times, be employed exclusively by City to perform all duties and obligations required either expressly or implicitly by this Agreement and may not be employed in any other capacity while employed by City without prior written consent of City Council. City Manager shall focus his professional time, ability, and attention to City business during time in which this Agreement is in force. City Manager shall not engage in any other business duties or pursuits whatsoever or, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, whether provided compensation or otherwise, without prior consent of City Council. Notwithstanding the foregoing, the expenditure of reasonable amounts of time not in conflict with City's needs and interests Page 1 of 11 Page 122 of 327 for educational, charitable, community, and/or professional activities shall not be deemed a breach of this Agreement and shall not require prior consent. Section 2. Term and At -Will City Manager Status The term of this Agreement shall be for a period of two (2) years, from July 1, 2022 to June 30, 2024, and may be extended for a period of up to one year through June 30, 2025. Unless either the City Manager or City Council provide written notice at least sixty (60) days prior to June 30, 2024, stating that the agreement won't be extended through June 30, 2025, the Agreement shall be extended through June 30, 2025, subject to all of the conditions set forth in this Agreement. Any other amendment to this Agreement must be made in writing and signed and approved by the City Manager and the City Council. In the event the Agreement is not renewed but the City Manager continues to be employed by the City, all terms of the Agreement shall remain in effect until terminated as provided under this Agreement except City Manager shall not be entitled to any Severance Payment pursuant to Section 3.F. of this Agreement. City Manager serves as an "at will" employee (as defined in California Labor Code Section 2922) as while this agreement has a potential term of three years there is no specified or guaranteed term of employment for the City Manager pursuant to this Agreement, serving at the pleasure of City Council, and nothing in this Agreement shall require cause for removal, or prevent, limit, or otherwise interfere with the right of City Council to terminate the services of City Manager at any time, subject only to the provisions set forth in Section 3 of this Agreement. In addition, nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of City Manager to resign at any time from his position with City, subject only to the provisions set forth in Section 3 of this Agreement. Section 3. Termination of Agreement This Agreement shall become effective on the Effective Date and may thereafter be terminated in any of the following ways: A. By mutual written agreement of the parties. B. The City may terminate this Agreement for Cause or without Cause. For purposes of this Agreement, "Cause" shall mean: (1) City Manager's commission of an act of fraud, embezzlement or misappropriation or a crime of moral turpitude; (2) City Manager's continuing or willful misconduct or failure, refusal or neglect to perform his job functions, adhere to the lawful direction of the City consistent with his position, or adhere to the lawful policies and practices of the City, or (3) City Manager engaging in acts involving an "Abuse of office or position" as defined in Government Code Section 53243.4. C. Termination by City Manager. City Manager may terminate this Agreement for any reason upon thirty (30) days' notice. Page 2 of 11 Page 123 of 327 D. Death/Disability of City Manager. This Agreement shall terminate automatically upon City Manager's death. The City may terminate This Agreement upon City Manager's Disability. For purposes of this Agreement, "Disability" means that City Manager has become "disabled" within the meaning of Section 409A of the Internal Revenue Code of 1986, as amended. If the City Manager becomes disabled within the meaning of Government Code Section 20027, then the City will place the City Manager on an unpaid leave of absence and apply for a disability retirement. E. In the event City terminates the Agreement without cause, City shall pay City Manager an amount equal to the lessor of the base salary for the unexpired term of this Agreement or fifty percent (six months) of the City Manager's then Base Salary ("Severance Payment"), less applicable taxes and withholdings, and the City shall pay for City Manager's City health, dental vision and other group insurance benefits for the same period of time after the date of termination, to the extent permitted by the then applicable insurance plans and benefit programs; if city manager within thirty (30) days after receipt of the Settlement Agreement and Release ("Release" - form attached as Exhibit B) executes such and returns it to the City and it becomes effective. City shall make the Severance Payment, at the option of City Manager, in any of the following manners: (1) A lump sum within ten (10) days of the Release becoming effective; (2) A lump sum on January 1 of the following year; (3) On the same schedule as the City's normal payroll cycle once the Release have become effective, but not as an employee of the City; or, (4) Any combination of previous three options, as directed by City Manager. F. In the event that City, and any time during the period in which this Agreement is in force, reduces the salary and/or other benefits of City Manager in a greater percentage than applicable to an across-the-board reduction for executive management employees of the City, City Manager may, at his option, deem the salary reduction a termination without cause, entitling City Manager to the Severance Payment and Insurance Payment (if applicable) as set forth in section 3(F) above. Section 4: Salary City agrees to pay City Manager for his services rendered an initial base annual salary of $270,000.00 ("Base Salary"), effective July 1, 2022, payable in the normal payroll installments at the same time as other executive management employees of City are paid. City Council shall review City Manager's salary annually as part of his performance evaluation, as set forth in Section 6, and may provide adjustments as it determines appropriate. City Council may take into consideration annual cost of living and/or merit salary adjustments provided to other executive management employees. Page 3 of 11 Page 124 of 327 Section 5: Annual Performance Bonus City Manager shall be eligible to receive an "Annual Performance Bonus" of up to 15% of the City Manager's Base Salary per year based on City Council's annual performance review. Such bonus, if provided, may be received by the City Manager as regular pay, converted to deferred compensation (401a Plan, 457 Plan, HSA, or other allowed City plan to the extent allowed by law), and/or some other mechanism mutually agreed to by City Council and City Manager. Section 6: Performance Evaluation City Council shall conduct a performance review of City Manager within thirty (30) days of his employment to establish the City Manager's performance goals and objectives. City Council will conduct its first initial performance review of City Manager after the completion of his first six months. City Council shall provide input with respect to City Manager's initial performance and alignment with City Council goals and objectives. An adjustment to compensation at this time will be at City Council's discretion. Commencing with the completion of the City Manager's first full year with the City, City Council shall annually review and evaluate his performance and compensation in closed session. If possible, this annual review should take place in July of each year to allow for timely evaluation and payment of the annual salary adjustment and/or one-time performance bonus, if City Council determines in its discretion that City Manager is eligible for either. Said review and evaluation shall be in accordance with specific performance measures and rating criteria mutually agreed to by City Council and City Manager. Section 7: Hours of Work & Designation of "Acting City Manager" It is recognized that City Manager must devote the time necessary even outside City's normal operating hours, and to that end, City Manager may take leave as he deems appropriate. During any such leave, City Manager may designate an "Acting City Manager" to oversee operation of the City in his absence, in compliance with El Segundo Municipal Code. Section 8: Benefits Benefits provided to City Manager are addressed in Exhibit A. Section 9: Professional Development & General Business Expenses A. City agrees to budget and pay for professional dues, fees, subscriptions, and related expenditures on behalf of City Manager which are necessary for continuation and full participation in international, national, state, regional, and local associations and organizations necessary and desirable for City Manager's continued professional growth and development, and for the good of the City. Page 4 of 11 Page 125 of 327 B. Subject to approval of a budget by the City Council, City agrees to pay for travel and City's normal per diem or expenses of City Manager for professional and official travel, meetings, and occasions necessary to continue the professional development of City Manager and to adequately pursue official and other functions of the City, including but not limited to the International City/County Management Association (ICMA), National League of Cities, League of California Cities, and other such international national, state, regional, and local governmental and professional groups and committees which City and/or City Manager serves as a member. C. Subject to approval of a budget by the City Council, City agrees to pay for the travel and City's normal per diem or expenses of City Manager for multi -day courses, institutes, training, and seminars that are necessary for professional development and for the good of the City, as determined by City Manager. City Manager shall not be entitled to receive reimbursement for mileage so long as the City Manager receives a car allowance pursuant to this Agreement. D. Subject to approval of a budget the City Council, City agrees to pay for one- time and recurring costs of office furniture, equipment, supplies, etc. as City Manager deems necessary to carry out his duties for the City. The City must provide City Manager with the necessary office space, furniture, equipment and supplies necessary and customarily provided to perform the duties of a City Manger Section 10: Other Terms and Conditions of Employment City Manager shall be initially entitled to receive all employee benefits provided to executive management employees not specifically addressed herein. Thereafter, with the exception of medical, dental and vision care, all benefits will be adjusted only if agreed upon in an amendment to this Agreement. Section 11: Notices Any notice required by this Agreement shall be in writing and delivered either personally, via overnight courier, or U.S. First Class Mail. The notice address for the City is: El Segundo City Council, c/o City Attorney, 350 Main Street, El Segundo, CA 90245. The notice address for the City Manager is the address supplied by City Manager and on file with the City. The notice address for the City Manager is: 1753 E. Ocean Blvd. #9, Long Beach, CA 90802. Either part may specify an alternate address in accordance with this notice section. Notice shall be effective upon receipt. Section 12. Mediation/Arbitration Any and all disputes of whatever kind or nature arising out of or related to this Agreement or City Manger's employment or separation from the City shall be resolved through mediation and then binding arbitration, if necessary, utilizing Judicial Arbitration and Mediation Services ("JAMS") and shall be conducted in JAMS Century City or downtown Los Angeles offices or such other location mutually agreed upon by the Page 5 of 11 Page 126 of 327 parties. JAMS mediation and arbitration procedures and rules shall be utilized for purposes of conducting the mediation and arbitration. JAMS shall randomly provide the parties with a list of three mediators or arbitrators, depending on which process is being utilized, and each party shall have the right to reject one of the mediators or arbitrators. In the event that more than one mediator or arbitrator is left after the parties have each had the opportunity to reject one of the mediators or arbitrators, JAMS shall randomly select the mediator or arbitrator to mediate or arbitrate the dispute(s). The City will pay the arbitrator's fees and arbitration expenses and any other costs unique to the arbitration, recognizing that each side bears its own deposition, witness, expert and attorney's fees and expenses to the same extent as if the matter were being heard in court. If, however, any party prevails on a statutory claim, which affords the prevailing party attorney's fees and costs, then arbitrator may award reasonable fees and costs to the prevailing party. Any dispute as to who is the prevailing party and/or the reasonableness of any fee or cost shall be resolved by the arbitrator. Section 13. ASSEMBLY BILL 1344 COMPLIANCE,. To the extent CITY provides: (i) paid leave to EMPLOYEE pending an investigation; (ii) funds for the legal criminal defense of the EMPLOYEE; and/or (iii) a cash settlement to EMPLOYEE related to the termination of the EMPLOYEE, pursuant to this AGREEMENT and Government Code Section 53243 et seq., EMPLOYEE shall fully reimburse the City for any and all amounts paid by the City which fall within subsections (i) through (iii) in the event that the EMPLOYEE is convicted of a crime involving the abuse of his office or position. Section 14: General Provisions A. All of City Manager's writings, reports, and other documentation generated as part of his day-to-day duties during his employment with the City are the property of the City. B. This Agreement is for professional services that are personal to the City, and the Agreement is not assignable by City Manager. C. The provisions of this Agreement shall be construed as a whole according to its common meaning or purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa. D. This Agreement and the rights and obligations of the parties shall be governed and interpreted in accordance with the laws of the State of California. E. The text herein shall constitute the entire Agreement between the parties and supersedes any other agreements, either oral or in writing, between the parties hereto with respect to rendering these services, compensation matters, or Page 6 of 11 Page 127 of 327 benefits. Any modification of this Agreement shall be effective only if it is in writing and signed by both parties. F. This Agreement shall inure to the benefit of the heir at law and executor(s) of City Manager. G. The captions or headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provision or section of this Agreement. H. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable by a Court, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. Each part of this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding on either party. J. The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties, and this Agreement reflects their mutual agreement with respect to the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this Agreement. Therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter, shall be applicable in interpreting or enforcing this Agreement. K. Both parties have had sufficient time and opportunity to consult with legal counsel of their own choosing regarding the terms and conditions of this Agreement. Page 7 of 11 Page 128 of 327 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. City of El Segundo Drew Boyles, or. Darrell George Darrell George, City Manager Attest: By: MkQ� OWA�' Tracy Weave ity Clerk Approved as to form: 6Z Z)/ 2-Z__ Date 7,S, zZ Date 7. to z,� - Date By: �Yz�Z 22, Z= Mark ensley, City Attorney Date Page 8 of Ild It Page 129 of 327 EXHIBIT A CITY OF EL SEGUNDO CITY MANAGER BENEFITS Benefits shall be provided as follows: 1. Medical, Dental, and Vision Insurance: City Manager shall be eligible to participate in the health, dental, and vision insurance plans provided to City employees, including the current health plans provided through CalPERS on the same terms and conditions as employees of the executive management group. 2. Retirement: If City Manager's employment is concurrently terminated at the same as retiring from CalPERS, he shall be immediately entitled to City -paid post -retirement medical insurance benefits on the same terms and conditions as the executive management group. 3. Deferred Compensation: Effective July 1, 2022, each pay period City agrees to pay an amount equal to ten (10) percent of City Manager's monthly Base Salary into applicable City Internal Revenue Code Section 401 a and/or Section 457 deferred compensation plan(s). City Manager is also eligible to participate in City's 401 a Plan, 457 Plan, Health Savings Plan, Retiree Health Savings Plan, and/or related plans. 4. Life Insurance: City shall provide City Manager with a term life insurance policy in the amount of $500,000, with a separate travel life insurance provision (as per the City's regular policy provisions). City Manager shall be eligible to participate in City's Supplemental Life Insurance Program at his own expense. 5. Long -Term Disability: City shall provide long-term disability income insurance pursuant to the provisions of the City's Executive LTD Plan. 6. Vacation Leave: City Manager shall be entitled to a starting balance of eighty (80) hours of Vacation Leave on the effective date of this Agreement. Annual hours shall accrue at the same rate used for executive management City employees based on City Manager's total Page 9 of 11 Page 130 of 327 lifetime years of PERS service, which is currently 200 hours per year. City Manager shall receive same annual cash conversion option as executive management employees. If the Agreement is extended through June 30, 2025, then another forty (40) hours of Vacation Leave will be added to City Manager's vacation leave accrual. City and City Manager shall mutually agree to all vacation periods and such time should be scheduled at least thirty (30) days in advance of the vacation date, unless otherwise allowed by City Council. Upon termination or separation of employment from City, City Manager shall have the option to be paid for unused Vacation Leave hours, to covert the hours to deferred compensation to the extent permitted by law (401 a Plan, 457 Plan, HSA, or other allowed plan), and/or to use for other allowed uses for executive management employees. 7. Sick Leave: City Manager shall be entitled to a starting advance of forty (40) hours of Sick Leave on the effective date of this Agreement which shall be advanced from his first five months of employment with the City. Annual hours shall accrue at the same rate used for executive management employees, which is currently 8 hours per month. Upon termination or separation of employment from City, City Manager shall on the same terms and conditions as executive management employees (except his years of service shall be based upon his lifetime years of PERS service) have the option to be paid for unused Sick Leave hours, to covert the hours to deferred compensation (401a Plan, 457 Plan, HSA, or other allowed plan), and/or to other allowed uses for executive management employees. 8. Executive Leave: City Manager shall be entitled to 80 hours of Executive Leave per year. Leave cannot be cashed in or otherwise be transferred or converted for value. 9. Holidays & Other Leave: City Manager shall receive the same paid holidays, bereavement leave, etc. as executive management employees. 10. Automobile Allowance: City Manager's duties require that he shall have the unrestricted use, at all times during his employment with City, of an automobile. In lieu of using a City provided automobile, City Manager shall receive a City -provided monthly automobile allowance of $500.00 starting on the effective date of this Agreement. Annual inflation adjustments to this amount shall be provided as per the then current United States Internal Revenue Service (IRS) Standard Mileage Rate for Business Use and will take place at the beginning on July 1st of each year. City Manager shall at all times keep on file with the City Clerk's Office proof of current automobile insurance with a minimum of three hundred thousand dollars ($300,000.00) of liability coverage. Page 10 of 11 Page 131 of 327 11. Section 125 Flex Plan: City Manager shall be eligible to enroll in City's Section 125 Plan for payment of employee -paid insurance, medical treatment, etc. with pre-tax dollars to the extent permitted by law. City shall pay any administrative fee(s). 12. Employee Assistance Program: City shall pay for the full cost of Employee Assistance Program for City Manager and dependents. Page 11 of 11 Page 132 of 327 EXHIBIT B SEPARATION AND RELEASE AGREEMENT 1. PARTIES This Separation, Severance and General Release Agreement ("AGREEMENT") is made and executed as of , by and between Darrell George ("EMPLOYEE") and the CITY OF EL SEGUNDO ("CITY"). 2. RECITALS 2.1 EMPLOYEE commenced employment with the CITY as city manager on or about July 1, 2022, pursuant to that EMPLOYMENT AGREEMENT effective as of the same date. 2.2This AGREEMENT is made to amicably resolve all matters between EMPLOYEE and the CITY regarding EMPLOYEE's employment and the cessation of said employment. 2.3The parties understand and agree that a material purpose of this AGREEMENT is to resolve any disputes and CLAIMS arising from or relating to EMPLOYEE's employment with CITY, if any, and provide for a separation payment for EMPLOYEE. 3. CONSIDERATION 3.1 In exchange for EMPLOYEE's execution, faithful performance and compliance with this AGREEMENT, including without limitation the granting of the releases set forth herein, and in full satisfaction and settlement of EMPLOYEE's CLAIMS, if any, the CITY shall pay EMPLOYEE the sum of $ [amount equivalent to six month base pay or amount of time left on contract, whichever is less plus medical/dental/vision for the same period of time as specified in the EMPLOYMENT AGREEMENT ] ("SEVERANCE PAYMENT") in the form of a check made payable to , to be in accordance with the schedule the EMPLOYEE chooses from the options set forth in the EMPLOYMENT AGREEMENT. Required tax withholdings and deductions will be made from the SEVERANCE PAYMENT. 3.2 Respecting the SEVERANCE PAYMENT referenced in paragraphs 3.1 above, EMPLOYEE understands and agrees that EMPLOYEE's portion of any federal, state or local taxes, if any, that may be owed or payable on the sums caused to be paid hereunder by the CITY are the sole and exclusive responsibility of EMPLOYEE. -1- Page 133 of 327 3.3EMPLOYEE and the CITY shall otherwise each bear their own attorney fees and costs incurred in connection with any disputes and this AGREEMENT. 3.4 Except as set forth in this Paragraph 3, the parties agree that no other monies or benefits are due, owing or unpaid by reason of EMPLOYEE's employment or association with CITY and that no other monies or benefits will be paid or maintained by CITY to/for EMPLOYEE, in EMPLOYEE's name, or on EMPLOYEE's behalf. EMPLOYEE expressly agrees that the SEVERANCE PAYMENT described in Paragraph 3 supersede and are in substitution for any payments or benefits under any employment agreement(s), business agreement(s) or arrangement(s), oral or written promises, or severance policy or plan respecting or regarding his employment or association with CITY. 4. S12ec,ific Acknowledgement of "Waiver of Claims under ADEA and OWBPA The Age Discrimination in Employment Act of 1967 (29 U.S.C. § 626, et. seq.; "ADEA") makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual's employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act ("OWBPA," Pub. L. 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges that he knowingly and voluntarily, for just compensation, waives and releases any rights he may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that he has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that: (a) This waiver/release is written in a manner understood by EMPLOYEE; (b) EMPLOYEE is aware of, and/or has been advised of, his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims he currently may have under the ADEA, OWBPA and/or similar age discrimination laws; (c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights he may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of his own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty-one (21) days; (d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT; -2- Page 134 of 327 (e) EMPLOYEE has been advised by this writing that he should consult with an attorney before executing this AGREEMENT; (f) EMPLOYEE has discussed, or had the opportunity to discuss, this waiver and release with, and been advised with respect thereto by, his counsel of choice, and that he does not need any additional time within which to review and consider this AGREEMENT; (g) EMPLOYEE has seven (7) days following his execution of this AGREEMENT to revoke the AGREEMENT; (h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to the CITY pursuant to this paragraph and must state, "I hereby revoke my acceptance of our 'Separation and Release Agreement"'; and (i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten (10) days have passed since EMPLOYEE's execution of the AGREEMENT (the "EFFECTIVE DATE"). 5. RELEASE In exchange for the SEVERANCE PAYMENT, representations and covenants made herein, and except only as to such rights or claims as may be created by this AGREEMENT, EMPLOYEE hereby, and for his heirs, representatives, successors, and assigns, releases, acquits, and forever discharges the CITY, and all of its agents, officers, current and former elected and appointed officials, current and former employees, representatives, insurers, attorneys, and all persons acting by, through, under, or in concert with any of them, and each of them, from any and all claims (including without limitation all claims for workers compensation benefits, if any), charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred (including without limitation any circumstance(s) giving rise to liability for workers compensation benefits) or was in effect at any time from the beginning of time up to and including the EFFECTIVE DATE of this AGREEMENT ("CLAIMS"), without regard to whether such CLAIMS arise under the federal, state or local constitutions, statutes, rules, ordinances or regulations, workers compensation statutes or the common law. EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims related to the DISPUTES, his employment with the CITY and its cessation, any claims for wages, overtime or benefits (including without limitation workers compensation benefits), any alleged breach of any duty, any alleged employment discrimination, harassment, retaliation or unlawful discriminatory act, any alleged breach of any express or implied employment contract, breach of any duty arising out of contract, statute, regulation, ordinance or tort, constructive discharge, -3- Page 135 of 327 wrongful termination or constructive discharge in violation of public policy, or any claim or cause of action including, but not limited to, any and all claims whether arising under any federal, state or local law prohibiting or respecting wrongful termination, breach of employment contract, or employment discrimination, employee injury, death, workers compensation, wrongful hiring, harassment or retaliation based upon sex, race, age, color, religion, handicap or disability, national origin or any other protected category or characteristic, including but not limited to the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, regulation, ordinance or decisional law. Additionally, the CITY hereby agrees not to initiate, or proceed with any actions, causes of action, claims, etc., that could be or that have been asserted against EMPLOYEE arising out of EMPLOYEE's employment with the CITY, in any forum, whatsoever. To the extent that any such actions, causes of action, claims, etc., are, or become pending in any forum whatsoever, the CITY agrees to execute all documents necessary for the withdrawal of such actions, causes of action, claims, with prejudice, forthwith. 6. UNKNOWN CLAIMS 6.1 EMPLOYEE on the one hand, and the CITY, on the other hand, each hereby waive and release any rights which the other and its successors, heirs, executives, administrators, may have directly or indirectly, if any, jointly or severally, directly or indirectly, under the provisions of California Civil Code § 1542, and any similar state or federal statute, which reads in sum, substance or substantial part as follows: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." 6.2 EMPLOYEE and the CITY acknowledge that the facts with respect to which each gives this GENERAL RELEASE may turn out to be different from the facts they now believe to be true. EMPLOYEE and the CITY hereby assume the risk of the facts turning out to be different, and agree that this AGREEMENT shall in all respects be effective and not subject to termination or rescission because of any such difference in facts. 7. WAIVER OF ADDITIONAL CLAIMS EMPLOYEE and the CITY hereby waive any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant hereto. -4- Page 136 of 327 8. REPRESENTATIONS AND WARRANTIES Each of the parties to this AGREEMENT represent and warrant and agree with each other party as follows: 8.1 No Other Claims: EMPLOYEE and the CITY hereby represent and warrant that EMPLOYEE nor the CITY has not filed, nor will they file in the future, any complaint, charge, claim, legal action, or proceeding arising out of EMPLOYEE' employment with the CITY, the DISPUTES or the CLAIMS released hereby or in any way related to his employment with the CITY or separation therefrom with any court, agency, board, hearing officer or tribunal against the CITY or any of its agents, officers, current and former elected or appointed officials, current and former employees, representatives, insurers, attorneys, and all persons acting by, through, under, or in concert with any of them. EMPLOYEE retains his right to request indemnification from the City pursuant to California Government Code § 825 et seq. with respect to any action brought against EMPLOYEE in his capacity as an employee. 8.2Advice of Counsel: Each party has received, or has had the opportunity to receive, independent legal advice from their respective attorney(s) with respect to the advisability of making the settlement and releases provided herein, with respect to the advisability of executing this AGREEMENT, and with respect to the meaning of California Civil Code § 1542. 8.3 No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party (or of any officer, agent, employee, representative, or attorney of or for any party) in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT. 8.41ndependent Investigation: Each party to this AGREEMENT has made such investigation of the facts pertaining to this severance and settlement and this AGREEMENT and all the matters pertaining hereto as it deems necessary. 8.5 Comprehension and Authority: Each party or responsible officer thereof has read this AGREEMENT and understands the contents hereof. Any of the officers executing this AGREEMENT on behalf of the CITY are empowered to do so and thereby bind the entity. 8.6 Mistake Waived: In entering into this AGREEMENT and the severance and settlement provided for herein, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts -5- Page 137 of 327 or of the law was incorrect, such party shall not be entitled to rescind or set aside the AGREEMENT. This AGREEMENT is intended to be and is final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever. 8.71-ater ®iscove : EMPLOYEE and the CITY are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is both parties' intention to fully, finally and forever settle and release all such matters, and all claims relative hereto, which do now exist, may exist or have previously existed between both parties. In furtherance of such intention, the releases given here shall be and remain in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto. 8.80wnershi of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that he has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further represents and warrants that none of the CLAIMS released by his hereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity. 8.9 Future Cooperation: The parties will execute all such further and additional documents as shall be reasonable or necessary to carry out the provisions of this AGREEMENT. 9. MISCELLANEOUS 9.1 No Admission: Nothing contained herein shall be construed as an admission by the parties of any liability of any kind. The parties each deny any liability in connection with any claim or wrongdoing. Each party also intends hereby solely to amicably resolve all matters between the parties. 9.2Governing, Law: This AGREEMENT and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California. The venue for any dispute arising out of or relating to this AGREEMENT shall be the Los Angeles Superior Court. 9.3Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto. go Page 138 of 327 9.4Continuin Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, employees, representatives, officers, and officials. 9.5Joint Drafting: Each party has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the same shall not be construed against any party. 9.6Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect. 9.7Titles: The titles included in this AGREEMENT are for reference only and are not part of the terms of this AGREEMENT, nor do they in any way modify the terms of this AGREEMENT. 9.8Counter a s: This AGREEMENT may be executed in counterparts, and by facsimile and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties. 9.9 Executed Copy: All parties shall receive a fully executed copy of this AGREEMENT. 9.10 Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party's discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail. As to EMPLOYEE: Name Address Address As to the CITY: Attn: City Clerk 350 Main Street El Segundo, CA 90245 I VA Page 139 of 327 WHEREFORE, the parties hereto have read all of the foregoing, understand the same, and agree to all of the provisions contained herein. DATED: DATED:. ATTEST: By: City Clerk APPROVED AS TO FORM; in City Attorney CITY OF EL SEGUNDO By. Mayor EMPLOYEE By: Darrell George M Page 140 of 327 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, MODIFYING THE ANNUAL SALARY FOR THE CITY MANAGER JOB CLASSIFICATION The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council approves the following basic salary: Classification City Manager Annual Salary SECTION 2: Authority. The City Manager or his designee is authorized to take any steps necessary in order to effectuate this Resolution. SECTION 3: Construction. This Resolution must be broadly construed in order to achieve the purposes stated in this Resolution. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution. SECTION 4: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 5: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions and make a minute of this adoption of the Resolution in the City Council's records and the minutes of this meeting. SECTION 6: This Resolution is effective retroactively to January 1, 2023 and will remain effective unless repealed or superseded. PASSED AND ADOPTED this 15TH day of August, 2023. Drew Boyles, Mayor Page 141 of 327 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of , 2023, and the same was so passed and adopted by the following vote- AYES- NOES- ABSENT- ABSTAIN - Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Page 142 of 327 GIRT411 City Council Agenda Statement ELSEGUNDO Meeting Date: August 15, 2023 Agenda Heading: Staff Presentations Item Number: D.11 TITLE: First Reading of an Ordinance Amending El Segundo Municipal Code Chapter 1-6 (Personnel Merit System) to Expand the List of Positions Exempt from the Civil Service System RECOMMENDATION: Introduce and waive the first reading of the proposed Ordinance amending El Segundo Municipal Code Chapter 1-6 to expand the list of positions exempt from the Civil Service System. 2. Direct staff to schedule a second reading of the Ordinance for the regular September 5, 2023 City Council meeting or as soon thereafter it may be considered. 3. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: �m BACKGROUND: Exempt positions from the civil service system do not have the same rights as classified positions. Civil service provides a range of job protections for City employees, including merit -based hiring and promotions, opportunity for employees to correct performance issues, and "for cause" termination. In contrast, employees exempt from civil service may be appointed without a competitive hiring process and are subject to "at -will" employment (i.e., employment that may be terminated at any time for any reason not prohibited by law). El Segundo Municipal Code ("ESMC") §§ 1-6-1 and 1-6-2 require civil service membership for all City employees except those specifically exempted. ESMC § 1-6-4 exempts department heads, elective officers, and certain specified positions listed Page 143 of 327 Positions Exempt from the Civil Service System August 15, 2023 Page 2 of 3 therein. The "at -will" classifications in the "Management and Confidential" unrepresented group are based upon positions requiring a particularly high degree of professional responsiveness, individual accountability, broad management responsibilities, and independent discretion required to perform assigned responsibilities. DISCUSSION: The proposed Ordinance would add twelve positions to the list of those exempted from the civil service system. The twelve positions proposed for addition are noted below in bold text. A civil service exemption for each of the five positions additionally noted below with an asterisk (*) will become effective upon vacation of each position and City Council approval of a revised classification specification for the position. Positions Excluded from Civil Service System Assistant City Clerk (At -Will) Assistant City Manager (At -Will) Building Safety Manager* City Attorney City Engineer (At -Will) City Manager Communications Manager (At -Will) Deputy City Manager Finance Manager (At -Will) General Services Superintendent (At -Will) Human Resources Manager (At -Will) Information Systems Manager (At -Will) Library Services Manager* Park Maintenance Superintendent* Page 144 of 327 Positions Exempt from the Civil Service System August 15, 2023 Page 3 of 3 Planning Manager (At -Will) Principal Civil Engineer* Recreation Superintendent* Risk Manager (At -Will) Senior Civil Engineer (At -Will) Senior Executive Assistant (At -Will) Treasury and Customer Service Manager (At -Will) Utilities Superintendent (At -Will). Implementation Actions To implement the above actions, modification to ESMC Chapter 1-6 is needed to comply with the City's personnel policies and practices and state law. The proposed Ordinance would exclude the positions listed above from the merit system. Two readings of the Ordinance are required for approval. Staff recommends a second reading of the proposed Ordinance at the regular September 5, 2023 City Council meeting or as soon thereafter it may be considered. CITY STRATEGIC PLAN COMPLIANCE: Goal 3: Promote a Quality Workforce Through Teamwork and Organizational Efficiencies Objective: El Segundo is an employer of choice and consistently hires for the future, with a workforce that is inspired, world -class, engaged and innovative. PREPARED BY: Rebecca Redyk, Human Resources Director REVIEWED BY: Rebecca Redyk, Human Resources Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: Ordinance Amendment ESMC Chapter 1-6 Civil Service Page 145 of 327 ORDINANCE NO. AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE CHAPTER 1-6 (PERSONNEL MERIT SYSTEM) TO EXPAND THE LIST OF POSITIONS EXEMPT FROM THE CIVIL SERVICE SYSTEM. The City Council of the City of El Segundo does ordain as follows: SECTION 1. The City Council finds and determines as follows: A. State law allows cities to adopt civil service programs that are adaptable to their respective sizes and types via ordinance (Gov. Code, § 45000 et seq.) B. The City has adopted a civil service system which is set forth in El Segundo Municipal Code ("ESMC") Chapter 1-6 (Personnel Merit System). C. The City Council desires to adopt this Ordinance to memorialize updates to the positions excluded from the City's civil service system. SECTION 2. El Segundo Municipal Code ("ESMC") § 1-6-4 is amended in its entirety to read as follows: "1-6-4: EXCLUSIONS: Effective , 2023, those officers and members of departments, in addition to department heads and elected officers who are expressly excluded from the merit system, are: Assistant City Clerk (At -Will) Assistant City Manager (At -Will) Building Safety Manager* City Attorney City Engineer (At -Will) City Manager Communications Manager (At -Will) Deputy City Manager Finance Manager (At -Will) General Services Superintendent (At -Will) Page 146 of 327 City of El Segundo Ordinance No. Page 2 of 4 Human Resources Manager (At -Will) Information Systems Manager (At -Will) Library Services Manager* Park Maintenance Superintendent* Planning Manager (At -Will) Principal Civil Engineer* Recreation Superintendent* Risk Manager (At -Will) Senior Civil Engineer (At -Will) Senior Executive Assistant (At -Will) Treasury and Customer Service Manager (At -Will) Utilities Superintendent (At -Will). *NOTE: Any position designated above with an asterisk will only be excluded from the personnel merit system under this section upon both the vacancy of such position after the date first set forth in this section and City Council approval of a revised classification specification for the position." SECTION 3. Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other regulation by this Ordinance will be rendered void and cause such ESMC provision or other regulation to remain in full force and effect for all purposes. SECTION 4. Enforceability. Repeal or amendment of any previous Code Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 5. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable. Page 147 of 327 City of El Segundo Ordinance No. Page 3 of 4 SECTION 6. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 7. Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 8. Environmental Review. This Ordinance was reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"). Based upon that review, this Ordinance is exempt from further review pursuant to CEQA Guidelines §15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. SECTION 9. Recording. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 10. Execution. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Ordinance signifying its adoption by the City Council of the City of El Segundo, and the City Clerk, or duly appointed deputy, is directed to attest thereto. SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption. ORDINANCE NO. HAD ITS FIRST READING ON , ITS SECOND READING ON , AND WAS DULY PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AT ITS REGULAR MEETING OF Drew Boyles, Mayor Page 148 of 327 City of El Segundo Ordinance No. Page 4 of 4 ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Page 149 of 327 GIRT411 City Council Agenda Statement ELSEGUNDO Meeting Date: August 15, 2023 Agenda Heading: Staff Presentations Item Number: D.12 TITLE: Resolution of Intention and First Reading of an Ordinance Authorizing an Amendment to the City's CaIPERS Contract to Implement Additional Government Code § 20516 Employee Cost Sharing for Classic Police Services Support Employees' Association Members RECOMMENDATION: 1. Adopt the Resolution of Intention to approve a contract amendment with the California Public Employees' Retirement System ("CaIPERS") to provide an additional 1 % employee cost sharing, as specified for classic members of the El Segundo Police Services Support Employees' Association ("PSSEA"). 2. Authorize the City Manager and City Clerk, to execute CaIPERS forms as required for submission to CaIPERS to facilitate CaIPERS contract amendment process. 3. Introduce first reading by title only, with further reading waived, an Ordinance authorizing such contract amendment and schedule a second reading of the Ordinance for the regular September 5, 2023 City Council meeting or as soon thereafter may be considered. 4. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: The retirement contract amendment will have an estimated $3,698 annual savings to the City as the employees will be picking up a portion of the "employer share" of their retirement cost. BACKGROUND: The City contracts with CaIPERS to provide retirement benefits which are funded through employee and employer -designated contributions. Employee contributions Page 150 of 327 PSSEA Cost Sharing August 15, 2023 Page 2 of 3 are negotiated through the meet and confer process and memorialized in a Memorandum of Understanding ("MOU") which is ratified by its members and approved by the governing body. On March 19, 2019, the El Segundo City Council adopted a resolution approving a successor MOU with PSSEA for the term October 1, 2018, through September 29, 2022. The adopted and approved PSSEA MOU provided that miscellaneous employees defined as "classic" members would increase CaIPERS retirement payments by an additional one percent (1%) for a total employee contribution of eight percent (8%) of compensation beginning March 2019. Neither action to begin withholding the additional contribution or amend the CaIPERS contract for the cost sharing provision was implemented. While the City and PSSEA were negotiating a successor MOU, a side letter was approved by City Council on May 16, 2023 to begin the additional cost sharing and CaIPERS contract amendment process. This action meets the City Council's previous agreement with PSSEA to implement cost sharing. The cost sharing is currently in place by direct payroll deduction from employees to the City. CaIPERS requires that a formal contract amendment process must be executed for the addition one percent (1 %) cost sharing provision. The process requires that the City submit the required forms to CaIPERS for review and approval, conduct an election of impacted members, approve and adopt a resolution to amend the contract, and receive final notification that the amendment process is complete. DISCUSSION: The current side letter for cost sharing went into effect in May 2023 and the City has been withholding the agreed upon contributions from employee paychecks, however, the additional 1 % cannot be reported to CaIPERS until a contract amendment has been executed. Staff recommends adoption of Resolution of Intention between the City of El Segundo and CaIPERS and to introduce the Ordinance for the contract amendment, as required under Government Code § 20471. Upon approval of the adoption of the resolution, the City will send the executed documents to CaIPERS and request to begin the contract amendment process. Once the documents required to start the contract amendment process have been successfully submitted, the City will begin the one percent (1 %) deduction which will constitute an employer contribution. When CaIPERS approves the contract amendment, the City will convert the one percent (1 %) employer contribution to an employee contribution so that PSSEA members receive credit. The Ordinance will come back for the second reading/approval at the September 19, 2023 City Council meeting to allow for the mandatory 20-day window between the Page 151 of 327 PSSEA Cost Sharing August 15, 2023 Page 3 of 3 Resolution's approval and the Ordinance's adoption, as required Government Code § 20471. The contract amendment is scheduled to go into effect on October 21, 2023, which is the first day of the new payroll period following the Ordinance's October 19, 2023 effective date. CITY STRATEGIC PLAN COMPLIANCE: Goal 3: Promote a Quality Workforce Through Teamwork and Organizational Efficiencies Objective: El Segundo is an employer of choice and consistently hires for the future, with a workforce that is inspired, world -class, engaged and innovative. PREPARED BY: Rebecca Redyk, Human Resources Director REVIEWED BY: Rebecca Redyk, Human Resources Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Resolution of Intention to Approve an Amendment 2. Exhibit to Resolution for Amendment to CalPERS Contract PSSEA 3. Ordinance Authorizing Amendment to CalPERS Contract Page 152 of 327 RESOLUTION NO. IUn. r nb(:.:,ir A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES, RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF EL SEGUNDO WHEREAS, (1) The Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendment to said Law; and WHEREAS, (2) One of the steps in the procedures to emend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, (3) The following is a statement of the proposed change: To provide Section 20516 (Employees Sharing Additional Cost) of 1% for classic local miscellaneous members in the El Segundo Police Support Services Employees' Association. RESOLVED, (a) That the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. PASSED AND ADOPTED RESOLUTION NO. this 15t" day of August, 2023. Drew Boyles, Mayor Page 153 of 327 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES 1 SS CITY OF EL SEGUNDO I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of , 2023, and the same was so passed and adopted by the following vote- AYES- NOES- ABSENT- ABSTAIN - Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Page 154 of 327 EXHIBIT California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of El Segundo The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective October 1, 1943, and witnessed August 25, 1943, and as amended effective November 1, 1947, August 1, 1949, July 1, 1950, November 1, 1955, September 1, 1958, March 9, 1959, November 7, 1964, October 19, 1968, December 11, 1971, July 20, 1974, July 19, 1975, January 3, 1976, July 16, 1977, June 3, 1978, February 6, 1982, April 3, 1982, January 1, 1992, June 27, 1992, May 15, 1993, January 8, 1994, January 19, 1996, April 4, 1997, October 13, 1997, October 7, 2000, December 18, 2000, May 19, 2001, July 2, 2004, April 12, 2008, May 9, 2009, October 3, 2009, October 23, 2010, October 6, 2012, December 30, 2012, December 13, 2014, January 9, 2016, June 8, 2019, October 24, 2020, and June 17, 2023, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 18 are hereby stricken from said contract as executed effective June 17, 2023, and hereby replaced by the following paragraphs numbered 1 through 18 inclusive: Page 155 of 327 All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for classic local miscellaneous members entering membership in the miscellaneous classification on or prior to December 30, 2012, age 60 for classic local miscellaneous members entering membership for the first time in the miscellaneous classification after December 30, 2012, age 62 for new local miscellaneous members, age 50 for classic local police members entering membership in the police classification on or prior to October 6, 2012, age 55 for classic local fire members and for those classic local police members entering membership for the first time in the police classification after October 6, 2012, and age 57 for new local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1943, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, the CaIPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CaIPERS retirement program. (b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees' existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. Page 156 of 327 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 6. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 7. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local miscellaneous member entering membership in the miscellaneous classification on or prior to December 30, 2012, shall be determined in accordance with Section 21354 of said Retirement Law subject to the reduction provided therein for service on and after July 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 8. The percentage of final compensation to be provided for each year of credited current service as a classic local miscellaneous member entering membership for the first time in the miscellaneous classification after December 30, 2012, shall be determined in accordance with Section 21353 of said Retirement Law subject to the reduction provided therein for Federal Social Security (2% at age 60 Modified). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Supplemental to Federal Social Security). Page 157 of 327 10. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local fire member shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 11. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local police member entering membership in the police classification on or prior to October 6, 2012, shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 12. The percentage of final compensation to be provided for each year of credited current service as a classic local police member entering membership for the first time in the police classification after October 6, 2012, shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 13. The percentage of final compensation to be provided for each year of credited prior and current service as a new local safety member shall be determined in accordance with Section 7522.25(d) of said Retirement Law (2.7% at age 57 Full). 14. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post -Retirement Survivor Allowance) for local safety members only. b. Section 21571 (Basic Level of 1959 Survivor Benefits) for local miscellaneous members only. C. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. d. Section 21222.2 (One -Time 5% Increase - 1971). Legislation repealed said Section effective January 1, 1980. e. Section 21024 (Military Service Credit as Public Service). f. Section 20042 (One -Year Final Compensation) for classic members only. g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety amembers only. Page 158 of 327 h. Section 21548 (Pre -Retirement Option 2W Death Benefit). Section 20903 (Two Years Additional Service Credit). Section 20516 (Employees Sharing Cost of Additional Benefits): Section 21363.1 (3% @ 55 Full and Modified formula) for classic local fire members from and after October 6, 2012, and until December 13, 2014. The employee cost sharing contributions are 3%. The maximum employee cost sharing contribution is the normal cost plus the increase in the accrued liability due to the benefit improvement amortized over 20 years. In no event shall the employee cost sharing contribution attributable to the unfunded liability remain in effect beyond May 19, 2021. Thereafter, in any given contribution year, the maximum employee cost sharing contribution cannot exceed 2.591 % of payroll. k. Section 20475 (Different Level of Benefits): Section 21363.1 (3% @ 55 Full formula) is applicable to classic local police members entering membership for the first time with this agency in the police classification after October 6, 2012. Section 21353 (2% @ 60 Modified formula) is applicable to classic local miscellaneous members entering membership for the first time with this agency in the miscellaneous classification after December 30, 2012. Section 20516 (Employees Sharing Additional Cost): From and after December 13, 2014, and until January 9, 2016, 3% for classic local fire members in the Supervisory and Professional Employees Association, and the Unrepresented Fire Management group. From and after June 8, 2019, 3% for classic local police members in the El Segundo Police Officers' Association. From and after June 8, 2019, 3% for classic local fire members in the El Segundo Firefighters' Association. From and after October 24, 2020, 1 % for classic local miscellaneous members in the Unrepresented Management -Confidential group. Page 159 of 327 From and after October 24, 2020, 3% for classic local safety members in the Unrepresented Management -Confidential group. From and after June 17, 2023, 1 % for classic local miscellaneous members in the El Segundo Supervisory and Professional Employees Association. From and after the effective date of this amendment to contract, 1 % for classic local miscellaneous members in the El Segundo Police Support Services Employees Association. The portion of the employer's contribution that the member agrees to contribute from his or her compensation, over and above the member's normal contribution ("Cost Sharing Percentage"), shall not exceed the Employer Normal Cost Rate, as that rate is defined in the CalPERS Actuarial Valuation for the relevant fiscal year. If the Cost Sharing Percentage will exceed the relevant Employer Normal Cost Rate, the Cost Sharing Percentage shall automatically be reduced to an amount equal to, and not to exceed, the Employer Normal Cost Rate for the relevant fiscal year. 15. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 16. Public Agency shall also contribute to said Retirement System as follows: a. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. b. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 17. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. Page 160 of 327 18. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATION CITY COUNCIIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF EL SEGUNDO MELODY BENAVIDES, CHIEF PRESIDING OFFICER PENSION CONTRACTS AND PREFUNDING PROGRAMS DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest: Clerk AMENDMENT CaIPERSID#2657082556 PERS-CON-702A Page 161 of 327 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES, RETIREMENT SYSTEM. The City Council of the City of El Segundo does ordain as follows: SECTION 1: That an amendment to the contract between the City of El Segundo and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit "A," and by such reference made a part hereof as though herein set out in full. SECTION 2: The Mayor of the El Segundo City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said agency. SECTION 3: This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the El Segundo Herald, a newspaper of general circulation, published and circulated in the City of El Segundo and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED RESOLUTION NO. this 15t" day of August, 2023. Drew Boyles, Mayor Exhibit A: Amendment to Contract ATTEST: Page 162 of 327 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of , 2023, and the same was so passed and adopted by the following vote- AYES- NOES- ABSENT- ABSTAIN - Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Page 163 of 327 GIRT411 City Council Agenda Statement ELSEGUNDO Meeting Date: August 15, 2023 Agenda Heading: Staff Presentations Item Number: D.13 TITLE: Resolutions Amending Chapter 1A2 of the City's Administrative Code for the Management Confidential Series Relating to Salary Increases and Benefit Changes, Including Retiree Health Benefit Changes RECOMMENDATION: 1. Adopt a Resolution amending the City's Administrative Code to update sections for specific unrepresented classifications covered under Chapter 1A2 Management -Confidential series. 2. Adopt a Resolution for the El Segundo Mid -Management -Confidential group amending the City's contributions for CalPERS medical premiums consistent with the changes to Administrative Code Section 1A2.105. 3. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: The fiscal impact of the proposed salary and benefit changes to Chapter 1A2 of the Administrative Code for the Management and Confidential Series is approximately $928,607 for FY 2023-2024. This cost assumes that all forty-two (42) incumbent employees elect the voluntary arbitration agreement in exchange for a $10,000 bonus payment. Additional Appropriation: Staff is requesting an additional appropriation of $928,607 in FY 2023-24 for implementing the terms of the salary and benefit changes for the Management and Confidential Series employees. Account Numbers: $800,552 to 001-400-XXXX (General Fund) $2,322 to 106-400-XXXX (State Gas Tax Fund) $23,215 to 126-400-XXXX (CUPA Fund) $24,376 to 501-400-XXXX (Water Utility Fund) Page 164 of 327 Amendment to the Administrative Code August 15, 2023 Page 2 of 8 $34,823 to 502-400-XXXX (Sewer Fund) $10,818 to 602-400-XXXX (Liability Insurance Fund) $32,501 to 603-400-XXXX (Workers' Comp Reserve/Insurance Fund) BACKGROUND: Management and Confidential Series employees' compensation, benefits and other terms and conditions of employment are provided under the City's Administrative Code. The Series includes two subgroups: Mid -Management and Confidential, and Executives. There are currently forty-two (42) incumbents in this group, including many At -will positions. The Administrative Code has been amended by Resolution from time to time, with the last fully amended version presented to City Council in 2016. This staff report includes a red -lined version of the changes made by Resolution since 2016 and proposed new changes. The City Council held closed session labor negotiations discussions on February 7, 21, March 7, 21, April 18, May 16, June 20, and July 12, 2023 regarding changes to the compensation, benefits and other employment provisions for the Management and Confidential employee group. At the July 12, 2023 Special Closed Session, the City Council directed staff to provide a report outlining an updated proposed compensation and benefits package with various Administrative Code "clean-up" items for consideration at the August 15, 2023 Council Meeting. On July 20, an Employee Townhall meeting for Management and Confidential employees was held to present a summary of the proposed changes to compensation that would be presented at the next City Council meeting. Subsequent to the Townhall, a public email communication was received on this anticipated item regarding employee vesting rights for retiree medical benefits (attached to the City Council Agenda). A detailed explanation is included in this staff report regarding the City's structure for retiree medical benefits under CalPERS and the Public Employees Medical and Hospital Care Act ("PEMHCA") which addresses the public email communication received. DISCUSSION: This unrepresented employee group has not received cost -of -living adjustments to salary as is customary with the represented employees in bargaining units. Instead, this group receives salary increases based on merit and performance from 1-5% annually, until the top of the established salary range for the position has been attained. Once at the top of the salary range, no additional salary can be provided, regardless of satisfactory job performance. In June 2019, the majority of positions (29) in this group received a salary range adjustment. In November 2020, five (5) Executive positions Page 165 of 327 Amendment to the Administrative Code August 15, 2023 Page 3 of 8 received a salary range adjustment. Once the salary ranges are adjusted, if an employee is due for their annual evaluation, they may be awarded a salary increase based on their performance and availability in the salary range. Through the labor negotiations process with the represented miscellaneous employee bargaining units, the City has been aligning certain benefits and terms of employment which include health, dental, vision, and life insurance contributions, vacation leave accrual schedules, processes, and procedures for accrued leave cash outs to comply with the IRS doctrine of constructive receipt. The process has resulted in amending and clarifying various leave time available to employees, including a maximum vacation leave accrual with a hard cap at twice the annual vacation accrual, a 600 hour maximum sick leave accrual cap, addition of others as "family members" for purposes of using of sick leave to care for them and bereavement leave, and the addition of a provision to allow retired employees and their eligible dependents to remain on the City's dental and vision plans if enrolled upon retirement with the retiree solely responsible for payment of the monthly premiums. In addition to the items above, the miscellaneous represented employee groups have a binding arbitration provision incorporated in their Memorandum of Understanding ("MOU"). Because the Management and Confidential Series is unrepresented, the binding arbitration provision must be agreed to on an individual basis. In exchange for an employee signing the voluntary binding arbitration agreement, the proposed changes to the Administrative Code will provide a one-time lump sum non-PERSable payment (does not increase a retiree's salary based retirement payment) in the amount of $10,000. To clarify the City's participation in CalPERS health benefits and the provisions for active and retirees for medical insurance, the following background information is provided: In 1991, the City amended its contract with CalPERS to provide health benefits under the Public Employees Medical and Hospital Care Act ("PEMHCA"). Under PEMHCA, CalPERS requires that a minimum healthcare contribution is provided to active employees and retirees enrolled in a CalPERS medical health plan. Each year CalPERS adjusts this minimum amount. For 2023, this amount is $151 per month. The City of El Segundo has historically adopted a higher PEMHCA amount than the minimum. For all employees represented in a bargaining unit, the current PEMHCA health contribution is between $1,600 and $1,700 per month. Unlike the represented groups where the total City contribution towards health benefits is 100% PEMHCA, the Management and Confidential Series employees receive a smaller PEMHCA contribution supplemented by a non-PEMHCA contribution. In April 2016, the City adopted a resolution for unrepresented employees in the Management and Confidential Series establishing a City health contribution that is comprised of a PEMHCA contribution supplemented by a Flexible Dollars contribution. Under this Page 166 of 327 Amendment to the Administrative Code August 15, 2023 Page 4 of 8 structure, the Executives and Mid -management Confidential employees receive different contributions to the PEMHCA and Flexible Dollars. Currently, the PEMHCA contribution for Executive employees is $932 and $718 for Flexible Dollars; the PEMHCA contribution for Mid -management Confidential is $735 and $915 for Flexible Dollars, totaling $1,650 per month. The proposed changes to the Administrative Code include a $50 per month total increase that will be applied to Flexible Dollars for Executives; the Mid -management Confidential PEMHCA and Flexible Dollars will be restructured to provide the same contributions as received by Executives. This aligns the unrepresented employees with those in bargaining units and provides the same total City contribution to health of $1,700 for active employees. Regardless of the length of service at the City of El Segundo, under PEMHCA an employee who has five (5) years of service at a CalPERS agency and retires concurrently from El Segundo and CalPERS receives the same PEMCHA health benefit contribution as an active employee. As the City continues to amend the PEMHCA contribution each year as negotiated in the various Memorandum of Understanding (MOUs) and the Administrative Code, the retirees also receive the increases to health contributions. The PEMHCA contribution can only be used towards the purchase of a CalPERS health plan and there is no cash back from this benefit. Thus, employees that are in a bargaining unit and meet the above retirement requirements receive between $1,600 and $1700 a month as a retiree health care benefit. The retiree health care benefit received by Executive, Mid -management and Confidential employees differs from the represented employees. If an Executive, Mid - management or Confidential employee were to retire concurrently from the City of El Segundo and CalPERS after serving less than five (5) years with the City (but has a minimum five (5) years of CalPERS service) they only receive the PEMHCA contribution of $932 a month for Executive employees and $735 a month for Mid -Management Confidential employees and not the City's supplemental contribution. If an Executive, Mid -management or Confidential employee retires from the City with five (5) years of employment with the City, they receive the PEMHCA contribution and the City's supplemental contribution (Flexible Dollars) for retiree health benefits. In June 2022, the City adopted Resolution 5350 amending the supplemental City contribution to CalPERS health benefits for employees retiring concurrently from CalPERS and the City of El Segundo after five (5) years of service. This Resolution was effective upon approval and adoption and did not change benefits for those employees retired prior to adoption of the Resolution. The supplement provided to active Management and Confidential Series employees was increased so that their total health care benefit would be the same amount as was being received by employees in represented bargaining units. With the alignment of total City contributions to health benefits, this means that the unrepresented and represented employees would receive the same total retiree medical benefit only if a Management Confidential Series employee had five (5) years of service with the City of El Segundo. Page 167 of 327 Amendment to the Administrative Code August 15, 2023 Page 5 of 8 The communication received from Mr. Turnbull (attached) appears to state that the changes being made to the Management and Confidential Series is altering a requirement that employees must have five (5) years of employment at the City to be eligible for retiree health benefits. As is explained above, the qualifications for receiving retiree health benefits is not being changed and rather, the only proposal is to add $50 to the total City contribution being received by the Executive, Mid -Management and Confidential employees. This additional $50 will be added to the Flexible Dollars contribution for Executives and the Mid -management Confidential employees' contributions will be restructured to equal the Executives. Both groups will receive $932 PEMHCA and $768 Flexible Dollars. It is true that the City's Code currently provides that employees must have (5) years of employment at the City to be eligible for any retiree health benefit. However, this provision was not updated and clarified when the City split the total health contribution into a reduced PEMCHA amount and a separate Flexible Dollars amount in April 2016. PEMHCA has not allowed for this type of restriction on the PEMCHA payments, but the City can legally require five years of employment to be eligible for the City's contribution. Below is a summary of the proposed changes to Chapter 1A2 of the Administrative Code for the Management and Confidential Series 1. Voluntary Binding Arbitration Agreement: • $10,000 payment within 30 days upon execution of agreement 2. Salary Range Adjustment effective upon approval and adoption: • Non -safety Mid -management and Confidential salary ranges shall be adjusted by 6% • Non -safety Executive salary ranges shall be adjusted to a maximum salary of $225,000 annually 3. Health Insurance Increases of $50 per month: • Effective upon approval and adoption (August 15, 2023): from $1,650 to $1,700 • Effective January 1, 2024: from $1,700 to $1,750 • Effective January 1, 2025: from $1,750 to $1,800 • Effective January 1, 2025: from $1,800 to $1,850 4. Restructuring of the vacation accrual schedule to align with other miscellaneous groups and provide up to an additional 12 hours per year for employees with less than 16 years of service and a reduction of 12 hours per year at the 16+ years level of accrual. There will be a hard cap of twice the annual vacation accrual rate for all levels of leave accrual. The sick leave cap will be revised to a maximum accrual of 600 hours Page 168 of 327 Amendment to the Administrative Code August 15, 2023 Page 6 of 8 (900 hours for fire suppression staff on a 112-hour schedule). New employees are subject to this hard cap and are not permitted to accrue in excess of the cap. Employees hired prior to the adoption of this updated Administrative Code (August 15, 2023) will be permitted to accrue above the sick leave cap, subject to a mandatory cash out in December of each year. These caps are currently 1,056 and 1,584 hours respectively. 5. One (1) Personal Leave Day until such time as the City adds another City holiday. Additionally, the updated Administrative Code includes the following various clean up items: Incorporation and revision to Accelerated Salary Increase procedure into Section 1A2.070. The additional 5% maximum merit increase will be reduced to 2.5% for Executive positions; Mid -Management and Confidential positions shall remain eligible for an additional 5% maximum merit increase. Revision of Section 1A2.070 to provide merit increases in the pay period that includes an employee's anniversary date (instead of October 1). Employees are permitted one merit increase per year if they have not attained the top of the salary range. The October 1 date was the City's prior cycle of the fiscal year. With the October 1 date, an eligible employee may exceed the one-year period without receiving a merit increase. Aligning merit increases with an employee's anniversary date also ensures that they are able to receive a timely merit increase. • Restructuring of Section 1A2.105 Flexible Benefit Plan to align the Executives and Mid -Management Confidential health contributions for PEMHCA and Flexible Dollars as explained above. • Removal of Section 1A2.085 Overtime Pay- Exception for Police Lieutenants as they are no longer in the unrepresented Management and Confidential Series. • Removal of Section 1A2.107 Retiree Medical Contribution as this is included and clarified in Section 1A2.108 Insurance Benefits -Retiree Medical -City Contribution. • Addition of Section 1A2.109 to permit employees and eligible dependents to remain on City dental and vision plans if enrolled upon retirement. Premiums are to be paid by the retiree. • Removal of Section 1A2.115.1 Tuition and Reimbursement Program for Police Lieutenants and Captains which are no longer in the unrepresented Management and Confidential Series. • Removal of Section 1A2.116 Computer Loan Program which was eliminated with Resolution 5154 on June 4, 2019. • Removal of references to Police Captains and Lieutenants in Section 1A2.130 Uniform Allowance as they are no longer covered under the unrepresented Management and Confidential Series. • Removal of Section 1A2.131 Sick Leave Accumulated for Physical Examination. Employees are granted sick leave on a monthly basis which may be used to attend health care provider appointments, including physical examinations. Page 169 of 327 Amendment to the Administrative Code August 15, 2023 Page 7 of 8 • Revision of Section 1A2.131.1 Sick Leave and Section 1A2.148 Bereavement Leave to include others covered under the definition of immediate "family member." • Removal of Section 1A2.132 Sick Leave After Eight Years- Payment of One -Half Upon Termination. This provision sunset on July 6, 1975. • Revision of Section 1A2.136 Sick Leave with Pay Due to Illness- Accumulation of Same; Sick Leave Cash Out to align with provisions provided to other miscellaneous represented employees. • Removal of Section 1A2.137 Sick Leave Conversion to Salary Three Months Before Retirement. This provision does not align with the rules under the IRS doctrine of constructive receipt and CalPERS regulations regarding final settlement payments. • Removal of Section 1A2.138 Physical Examinations. Employees are provided a City contribution towards the purchase health coverage from a CalPERS medical plan which offers physical examinations. • Removal of Section 1A2.143 Holidays and Holiday Pay for Police Lieutenants as they are no longer in the unrepresented Management and Confidential Series. • Revision of Section 1A2.144.1 Vacation Accrual Based on Total Service time in a PERS or Comparable Agency to eliminate the requirement to attain the top of the salary range or passing probation to be placed at the accrual rate corresponding to years of service in a CalPERS or comparable agency to promote recruitment and retention efforts. • Revision of Section 1A2.146 Vacation to amend the leave cash out process to comply with the IRS doctrine of constructive receipt. Employees must make an irrevocable election at the end of the prior tax/calendar year declaring the number of vacation hours they intend to cash out. Employees can only cash out what they would have accrued in the tax/calendar year and only receive payment once those hours would have been earned. • Section 1A2.147 Vacation Time Accrual For Temporary Industrial Disability - Employees on temporary industrial disability that is not subject to Labor Code section 4850 may accrue vacation time for the length of their industrial injury leave if they supplement their industrial disability payments with paid leave accruals such that they continue to receive their full salary. • Removal of Section 1A2.151 Pre -Retirement Option 2W Death Benefit. This provision was completed with the amendment of the City's CalPERS contract to provide this benefit for Classic members effective April 12, 2008, Tier II members effective December 13, 2012 and PEPRA members effective January 1, 2013. If approved and adopted, Human Resources will work with Finance to implement the new and updated provisions. Page 170 of 327 Amendment to the Administrative Code August 15, 2023 Page 8 of 8 CITY STRATEGIC PLAN COMPLIANCE: Goal 3: Promote a Quality Workforce Through Teamwork and Organizational Efficiencies Objective: El Segundo is an employer of choice and consistently hires for the future, with a workforce that is inspired, world -class, engaged and innovative. PREPARED BY: Rebecca Redyk, Human Resources Director REVIEWED BY: Rebecca Redyk, Human Resources Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Resolution Providing Changes to Chapter 1A2 Management -Confidential Series 2. Administrative Code Chapter 1A2 Management and Confidential Series - CLEAN 3. Administrative Code Chapter 1A2 Management and Confidential Series - REDLINE 4. Resolution Fixing the Employer Contribution 001 El Segundo El Segundo Mid - Management Confidential 5. Public Communication- Retiree Medical Insurance Contribution Page 171 of 327 RESOLUTION NO. A RESOLUTION OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING THE CITY,S ADMINISTRATIVE CODE TO UPDATE SECTIONS FOR SPECIFIC UNREPRESENTED CLASSIFICATIONS UNDER CHAPTER 1A2 (MANAGEMENT - CONFIDENTIAL SERIES). The City Council of the City of El Segundo does resolve as follows: SECTION 1: Findings. The City Council finds and declares as follows: A. Chapter 1A2 of the El Segundo Administrative Code outlines the Management - Confidential Series B. Staff seeks to update 1A2 to modify and clarify compensation and benefits for unrepresented employees SECTION 2: Approval. The City Council approves the amendments to Chapter 1A2 (Management — Confidential Series) of the El Segundo Administrative Code set forth in Exhibit "A" to this Resolution, and such exhibit is incorporated by reference. SECTION 3: Authority. The City Manager or his designee is authorized to take any steps necessary in order to effectuate this Resolution. SECTION 4: Construction. This Resolution must be broadly construed in order to achieve the purposes stated in this Resolution. It is the City Council's intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution. SECTION 5: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 6: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions and make a minute of this adoption of the Resolution in the City Council's records and the minutes of this meeting. SECTION 7: This Resolution is effective upon adoption and will remain effective unless repealed or superseded. PASSED AND ADOPTED this 15t" day of August, 2023. Drew Boyles, Mayor Page 172 of 327 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of , 2023, and the same was so passed and adopted by the following vote- AYES- NOES- ABSENT- ABSTAIN - Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY Joaquin Vazquez, City Attorney Page 173 of 327 EXHIBIT „A - BASIC SALARY SCHEDULE Page 174 of 327 THE CITY OF EL SEGUNDO ADMINISTRATIVE CODE SALARIES AND CONDITIONS OF EMPLOYMENT • :a FIVIA MANAGEMENT AND CONFIDENTIAL SERIES Revised: November 2011 August 1, 2012 September 24, 2021 June 15, 2015 May 2016 August 15, 2023 Page 175 of 327 CHAPTER 1A MANAGEMENT CONFIDENTIAL SERIES SECTION 1A2.000- Schedule of Classes by Section......................................................................1 SECTION 1A2.010- Basic Salary Schedule......................................................................................2 SECTION 1A2.060- Evaluation by City Manager- Department Heads.............................................2 SECTION 1A2.070 Salary Increases Based on Performance.........................................................3 SECTION 1A2. 080- Overtime Pay- Exception- Fire Battalion Chiefs............................................4 SECTION 1A2.087- Salary Placement Upon Promotion...................................................................4 SECTION 1A2.090- Residence Requirements..................................................................................4 SECTION 1A2.100- Administrative Leave........................................................................................5 SECTION 1A2.105- Flexible Benefit Plan.........................................................................................6 SECTION 1A2.106- Insurance Benefits- Employee Dental, Vision, and Long Term Disability ..... 7 SECTION 1A2.108- Insurance Benefits- Retiree Medical- City Contribution..................................7 SECTION 1A2.109- Retiree Dental and Vision..................................................................................8 SECTION 1A2.110- Additional Employment....................................................................................9 SECTION 1A2.115- Educational Expenses- Reimbursement.........................................................9 SECTION 1A2.115.2- Educational Incentive.....................................................................................9 SECTION 1A2.120- Deferred Compensation Plan..........................................................................10 SECTION 1A2.121- Flexible Spending Account.............................................................................10 SECTION 1A2.- Chief Officer Certification.....................................................................................10 SECTION 1A2.130- Uniform Allowance..........................................................................................11 SECTION 1A2.131.1- Sick Leave Accumulated for Care of Members of Immediate Family .......11 SECTION 1A2.134- Sick Leave- Payment Upon Death or Service Retirement .............................12 SECTION 1A2.135- Sick Leave Accrued- Payment of on Disability Retirement or Disability Separation from the City- Less than 5 Years of City Service........................................................12 SECTION 1A2.135- Payment of Sick Leave Accrual- After 20 Years of City Service .................12 SECTION 1A2.135.2- Payment of Sick Leave Accrual- Disability Retirement- 5 or More Years of CityService......................................................................................................................................12 SECTION 1A2.136- Sick Leave- Leave With Pay Due to Illness- Accumulation of the Same; Sick LeaveCash Out................................................................................................................................13 Page 176 of 327 CHAPTER 1A MANAGEMENT CONFIDENTIAL SERIES SECTION 1A2.137.1-Sick Leave Payouts......................................................................................13 SECTION 1A2.139- Holidays and Holiday Pay...............................................................................13 SECTION 1A2.139.1- Personal Leave/Floating Holiday................................................................14 SECTION 1A2.140- Holidays and Holiday Pay- Battalion Chiefs..................................................15 SECTION 1A2.144- Vacation Leave................................................................................................15 SECTION 1A2.144.1-Vacation Accrual Based on Total Service Time in a CalPERS or ComparableAgency........................................................................................................................16 SECTION 1A2.145- Vacation Leave Use.........................................................................................16 SECTION 1A2.146- Vacation Leave Cash Out...............................................................................16 SECTION 1A2.147- Vacation Leave Accrual- For Temporary Industrial Disability .....................17 SECTION 1A2.148- Bereavement Leave- Personal Emergencies- Immediate Family Defined ..17 SECTION 1A2.149- Jury Duty...........................................................................................................18 SECTION 1A2.150- Salaries and Benefits Applicable...................................................................18 SECTION 1A2.152- City of El Segundo Substance Abuse Policy and Drug Free Workplace Statement...........................................................................................................................................18 SECTION 1A2.153- CalPERS Member Contribution.......................................................................18 SECTION 1A2.154- Auto Allowance...............................................................................................19 SECTION 1A2.155- Voluntary Binding Arbitration and Bonus Payment......................................19 Page 177 of 327 SECTION 1A2.000 SCHEDULE OF CLASSES BY SERIES. The following is a list of City Departments, under which Management and/or Confidential positions for each Department are listed. Salary ranges for all authorized positions shall be determined within the ranges depicted in the "Basic Salary Schedule (1A2.010 of the Administrative Code)." Executive Management (At -Will) Chief of Police Fire Chief Chief Financial Officer Deputy City Manager Director of Community Development Director of Human Resources Director of Public Works Director of Recreation, Parks, and Library Information Technology Services Director Mid -Management Assistant City Clerk (At -Will) Assistant City Engineer Battalion Chief Building Services Manager City Engineer (At -Will) Communications Manager (At -Will) Deputy City Clerk Deputy City Treasurer II Finance Manager (At -Will) General Services Superintendent (At -Will) Human Resources Manager (At -Will) Information Systems Manager (At -Will) Librarian II Library Services Manager Park Maintenance Superintendent Planning Manager (At -Will) Recreation Superintendent Risk Manager (At -Will) Senior Librarian Treasury & Customer Service Manager (At -Will) Utilities Superintendent (At -Will) Confidential Accountant Executive Assistant Human Resources Analyst Human Resources Technician Management Analyst Payroll Accountant Principal Civil Engineer Page 178 of 327 City of El Segundo Administrative Code Chapter 1A2- management and Confidential Series Page 2 of 19 Senior Civil Engineer (At -Will) Senior Executive Assistant (At -Will) Senior Human Resources Analyst Senior Management Analyst Special Projects Administrator (Council Approval) 1/88 and 1/89 (Reso. 4194) 11/00 (Reso. 5350) 06/20 (Reso. 5368) 10/22 (Reso. 5359) 09/22 (Reso. 5385) 12/22 (Reso. 5395) 2/23 (Reso. 5401) 3/23 SECTION 1A2.010 BASIC SALARY SCHEDULE. Effective the pay period beginning August 12, 2023, the following respective salary schedules are hereby allocated and assigned to the respective Executive and Management/Confidential classifications. See Attachment for Executives and Management/Confidential Salary Schedules (Reso. 4965) 12/15 SECTION 1A2.060 EVALUATION BY CITY MANAGER— DEPARTMENT HEADS. Employees within the Management -Confidential group (including Executive Management Series; Management Series; and the Confidential Employee Series), hereinafter referred to as "covered employees," shall be evaluated based upon criteria established by the City Manager. The City Manager shall approve all performance salary adjustments. Criteria for granting salary adjustments shall include but not be limited to: • Present salary. • Length of service. • Quality and quantity of work performed. • Increased competence in handling job responsibilities. • Attitude and loyalty to City duties. • Efforts toward self-improvement. • Exceptional performance. (Reso. 5154) 06/19 Page 179 of 327 City of El Segundo Administrative Code Chapter 1A2- management and Confidential Series Page 3 of 19 SECTION 1A2.070 SALARY INCREASES BASED ON PERFORMANCE. Salary increases shall be based on evaluation of an individual's performance and shall acknowledge and reflect the level of job proficiency indicated by the employee's performance evaluation; there shall be no automatic step progression and no longevity step increases. Salary increases shall normally be made once each year on an employee's anniversary date. Increases may be made at other times on the basis of Exceptional job performance or unusual circumstances. If the employee's anniversary date or other salary increase effective date falls in the middle of the pay period, the effective date of the increase will be the first day of that pay period. Annual salary adjustments shall be granted predicated on merit and the criteria in Section 1A2.060 as follows: employees rated "Standard" are eligible for an increase up to five percent (5%); employees rated "Above Standard" and "Exceptional" are eligible to receive an additional 1-5% accelerated salary increase (Executives are eligible to receive up to an additional 1-2.5%); and employees rated "Below Standard" or "Unsatisfactory" are not eligible to receive a salary increase; however, no salary shall fall below the minimum or exceed the maximum of the salary range assigned to the affected employee's corresponding classification or position. Accelerated salary advancement is intended to recognize employees whose job performance is exemplary and consistently exceeds normal expectations for their current step. Prior to an employee completing one (1) year of service at their current salary, an employee whose performance is exemplary and consistently exceeds normal expectations for their current salary may be eligible to receive accelerated salary advancement, so long as the employee has not yet reached the top of their salary range. In order to be eligible for accelerated salary advancement, the employee's supervisor or manager must recommend such advancement to the responsible Department Head. The supervisor or manager shall submit a written report on the prescribed form to the appropriate Department Head. The Department Head shall submit the form to the Director of Human Resources, indicating whether they agree with the supervisor or manager's recommendation and providing additional comments, if necessary. The Director of Human Resources shall submit the form to the City Manager, indicating whether the recommendation conforms to the City-wide criteria for accelerated step advancement. The City Manager shall make the final decision whether to approve the employee's accelerated salary step advancement. An employee may not receive more than one accelerated salary step advancement within a twelve (12) month period of time, subject to the requirements provided for in this section. An accelerated salary step advancement shall not change the affected employee's anniversary date. Page 180 of 327 City of El Segundo Administrative Code Chapter 1A2- management and Confidential Series Page 4 of 19 The maximum accelerated increase that may be approved by the City Manager is 5% percent in any fiscal year for Mid -Management and Confidential employees and 2.5% for Executive Management. Covered employees may be evaluated immediately upon adoption of this resolution and may receive an appropriate salary increase at the discretion of the reviewing authority, subject to an employee evaluation. Salary increases shall be based upon performance evaluation and shall not exceed the maximum salary range identified in 1A2.010 (table outlined in Section 1 above, as may be amended from time to time. All other provisions of Section 1A2.070 shall remain in effect, including annual employee evaluation requirements. (Reso. 1446) 11/86 (Reso.5154) 06/19 (Reso. XXXX) 8/23 SECTION 1A2.080 OVERTIME PAY— EXCEPTION —FIRE BATTALION CHIEFS. Effective October 1, 1988, Executive, Mid -Management, and Confidential Employees shall not be paid overtime pay with the exception of Fire Battalion Chiefs assigned to Fire Suppression; they shall be paid time and one quarter (1.25) for time worked on Platoon Duty or scheduled or non-scheduled re -hires in excess of fifty-six (56) hours per week. (Council Approval) 11/88 SECTION 1A2.087 SALARY PLACEMENT UPON PROMOTION. In all cases where an employee is promoted to a classification regulated by this Chapter forwhich a higher rate of compensation is provided, then such employee so promoted shall enter into such higher classification at the lowest rate of compensation provided for such higher classification which exceeds by not less than five (5%) percent the base rate of compensation, excluding Special Assignment Pay, received by said employee in such given classification at the time of such promotion, unless otherwise ordered by the City Council. All supervisors shall be paid a higher base salary than any of their regularly assigned subordinates (exclusive of Educational Incentive Pay, Special Assignment, or any other form of compensation). The supervisor's salary shall not exceed the salary range for which her/she is eligible by length of service and performance. (Reso. 3446) 11 /86 SECTION 1A2.090 RESIDENCE REQUIREMENTS. The Director of Public Works, Police Chief, and Fire Chief shall reside in a location which would enable the incumbents of those positions to report to work within one (1) hour of being notified of an emergency which requires their presence in El Segundo. Driving time shall be defined as the Page 181 of 327 City of El Segundo Administrative Code Chapter 1A2- management and Confidential Series Page 5 of 19 time that it takes an individual to drive to El Segundo from their place of residence during normal traffic conditions, including morning and afternoon commuter rush hour conditions prevalent in Southern California. Current and Future occupants of these offices shall have eighteen (18) months from the date of appointment to meet this requirement. (Reso. 3539) 6/88 (Reso.4216) 06/01 SECTION 1A2.100 ADMINISTRATIVE LEAVE. Executive Management positions shall receive up to 80 hours of Administrative Leave per calendar year upon approval of the City Manager. Mid -Management and Confidential positions shall receive up to 56 hours of Administrative Leave per calendar year upon recommendation of the Department Director and approval of the City Manager. This leave has no cash value and cannot be carried over. (Reso. 3229) 10/83 (Reso. 3446 11 /86) (Reso. 4582) 12/08 (Reso.4130) 9/99 (Reso.4619) 9/09 (Reso. 5350) 06/20 Page 182 of 327 City of El Segundo Administrative Code Chapter 1A2- management and Confidential Series Page 6 of 19 SECTION 1A2.105 FLEXIBLE BENEFIT PLAN Executive Management, Mid -Management, and Confidential: all positions listed in Section 1(A) above (and as may be amended thereafter), shall be eligible to participate in the City's Flexible Benefit Plan, as per table below: Effective City Flex Benefit City Date Maximum — City Contribution Health Contribution Monthly total: Insurance per month Contribution per month Under "PEMHCA" (Per City Resolution filed with CaIPERS Upon $932 $768 $1,700 approval and adoption (August 15, 2023 January 1, $932 $818 $1,750 2024 January 1, $932 $868 $1,800 2025 January 1, $932 $918 $1,850 2026 Employees shall not be entitled to cash out any excess monies that are not allocated to purchasing any of the specified benefits within the City's portfolio. The employee shall be responsible for any and all out-of-pocket costs in excess of the City's monthly contribution. The City Contribution Amount toward health insurance is the City's designated "PEMHCA" contribution as set forth in the City's resolution(s) that are filed with CalPERS. Flex Benefit amounts are not part of the City's designated "PEMHCA" contribution. Flex Dollars may only be used towards a medical premium or deferred compensation plan. There is no cash back from unused Flex Dollars. (Reso. 5154) 06/19 (Reso. 5307) 04/22 (Reso. 5310) 04/22 Page 183 of 327 City of El Segundo Administrative Code Chapter 1A2- management and Confidential Series Page 7 of 19 SECTION 1A2.106 INSURANCE BENEFITS — EMPLOYEE DENTAL, VISION AND LONG TERM DISABILITY (NON -JOB RELATED) CONTRIBUTION. The City shall provide dental and vision benefits for each covered Executive, Mid -Management, and Confidential employee and the employee's eligible dependents. Executive, Mid -Management, and Confidential Employees shall be covered by the City under a long term disability insurance plan. (Reso. 4474) 7/06 (Reso. XXXX)12/15 (Reso. 4975) 04/16 (Reso. 5147) 5/19 SECTION 1A2.108 INSURANCE BENEFITS — RETIREE MEDICAL — CITY CONTRIBUTION. Executive, Mid -Management, and Confidential employees hired before June 1, 2016, who are hired into or subsequently appointed to a position regulated by this Chapter, shall be eligible for a monthly retiree health contribution of up to $1,200. The monthly retiree health contribution will consist of the "PEMHCA" amount set forth in the City's resolution filed by the City with CalPERS supplemented by a City contribution to a healthcare reimbursement account. The amount of the healthcare reimbursement supplement shall be no more than the amount necessary to cover the health insurance premium cost for the employee and eligible dependent(s) for the selected CalPERS health plan, but in no event shall the total monthly contribution ("PEMHCA" contribution + healthcare reimbursement account) exceed $1,200 per month. Executive Management, Mid -Management, and Confidential employees who are hired by the City on or after June 1, 2016, and appointed to a position regulated by this Chapter, shall only be eligible for a retiree medical benefit up to the "PEMHCA" contribution amount set forth in the City's resolution filed by the City with CalPERS. Executive Management, Mid Management, and Confidential employees service retiring from CalPERS and the City of El Segundo after a minimum of five consecutive full-time years of service with the City of El Segundo on or after June 21, 2022, shall be eligible for a retiree medical benefit equal to the "PEMHCA" amount set forth in the City's resolution filed by the City with CalPERS, supplemented by a City contribution to a healthcare reimbursement account. The amount of the healthcare reimbursement supplement shall be no more than the amount necessary to cover the health insurance premium cost for the employee and eligible dependent(s) for the selected CalPERS health plan, but in no event shall the total monthly contribution (PEMHCA contribution + healthcare reimbursement account) exceed the amount provided to active employees in the Management and Confidential Series. For 2022, this total monthly City contribution is $1,650 per month. The Elected City Clerk and Treasurer positions shall also be eligible for this benefit as described in the March 15, 2016 staff report and Resolution 4973 which ties their active and retired allowances for health to the Management Confidential Series. Page 184 of 327 City of El Segundo Administrative Code Chapter 1A2- management and Confidential Series Page 8 of 19 Hire Date Retiree Medical — City Contribution July 1, 2007 through June 30, 2016 PEMHCA amount supplemented with a City contribution not to exceed $1,200 per month July 1, 2016 and retired prior to June 21, PEMCHA amount only 2022 Service retire concurrently from CalPERS PEMHCA amount supplemented with a and the City of El Segundo after a City contribution to equal highest total minimum of five consecutive full-time monthly contribution as described in years of service with the City of El Section 1A2.107 above. For 2022, this Segundo on or after June 21, 2022 amount shall not exceed $1,650 In order to qualify for any retiree medical benefit from the City, the employee must qualify as an "annuitant" under PEMHCA (see Government Code section 22760(c). The retiree must have an effective retirement date with CalPERS within 120 days of separation from City employment and receive a retirement benefit from CaIPERS. (Council Approval) 11/88 (Reso.XXXX)12/15 (Reso. 4975) 04/16 (Reso. 5350) 06/20 (Reso. XXXX) 8/23 SECTION 1A2.109 RETIREE DENTAL AND VISION Upon retirement, an employee and their spouse, registered domestic partner, and/or their eligible dependents who are actively enrolled in the City's dental and vision insurance plans may remain enrolled in such plans as a retiree should such plans continue to remain available to current employees, but shall be responsible for full payment of the associated insurance premiums. In order to be eligible to be covered by such plans, the retiring employee and their spouse, registered domestic partner, and/or and their eligible dependents must be actively enrolled in the plan(s) under which they are seeking continued coverage. If, upon retirement, the employee declines continued coverage under either plan, they may not enroll at a later time. Upon a retiree's death, the surviving spouse, registered domestic partner and/or eligible dependent(s) who are actively enrolled in the City's dental and vision insurance plans may remain enrolled in such plans as surviving dependents should such plans continue to remain available to current employees, and shall be responsible for full payment of the associated insurance premiums. This provision is not intended to vest either retirees or current employees once retired with any right to remain enrolled in the City's dental and vision insurance plans. The City may decide to change dental or vision insurance plans without regard to the impact that such a decision would have on retirees' eligibility to enroll in such plans. Page 185 of 327 City of El Segundo Administrative Code Chapter 1A2- management and Confidential Series Page 9 of 19 (Reso. XXXX) 8/23 SECTION 1A2. 110 ADDITIONAL EMPLOYMENT. An Executive who is employed full time by the City shall not accept other work or actively participate in the management of a private for profit activity outside of his or her employment with the City of El Segundo, without first obtaining approval of the City Council, and upon showing that such activity will not conflict with his or her discharge of duties of employment with the City. (Reso.2620) 4/75 SECTION 1A2.115 EDUCATION EXPENSES — REIMBURSEMENT. Executive, Mid -Management and Confidential employees shall, upon an approved application and agreement to the provisions of this section, be reimbursed one hundred percent of the cost of tuition and books to a maximum of $2,000 per calendar year effective January 1, 2001 for work -related college courses; provided, however, such courses have been approved by the City Manager. Employees terminating employment with the City voluntarily or through termination with cause within two months from completion of coursework shall have deducted from their final pay 100 percent of the amount reimbursed; thereafter, ten percent less than 100 percent shall be deducted from their final pay for each full month worked up to twelve months from the date of the completion of the course. Participation in the program for mid -management and confidential employees is limited to those who have successfully completed their initial probationary period. (Council Approval) 11/88 (Reso. 3995) 01 /97 (Reso. 4194) 11 /00 SECTION 1A2.115.2 EDUCATIONAL INCENTIVE. Effective October 1, 2008, the Police Chief shall no longer receive 5% Educational Incentive Pay for possessing a Master's Degree from an accredited college or university. Effective July 1, 2008, a Battalion Chief, upon obtaining a Bachelor's Degree from an accredited college or university, shall receive Educational Incentive Compensation in an amount of $1,170.19 per month. Effective July 1, 2008, a Battalion Chief, upon obtaining a Master's Degree from an accredited college or university, shall receive Educational Incentive Compensation in an amount of $1,755.28 per month. Effective October 1, 2008, the Deputy Fire Chief, upon obtaining a Master's Degree from an accredited college or university, shall receive Educational Incentive Compensation in an amount of $791.78 per month. Page 186 of 327 City of El Segundo Administrative Code Chapter 1A2- management and Confidential Series Page 10 of 19 Education pays are not cumulative. Employee shall receive the pay corresponding to the highest level of education. (Reso. 4026) 7/97 (Reso. 4194) 11 /00 (Reso. 4430) 7/05 (Reso. 4582) 12/08 SECTION 1A2.120 DEFERRED COMPENSATION PLAN. A Deferred Compensation Plan has been established as a benefit to Executive Management, Mid -Management, and Confidential employees, and each covered employee is eligible to participate in the Plan. The City shall not provide an annual matching contribution or any other contribution to the Deferred Compensation Plan. As soon as feasible following adoption of Resolution No. 5350, the City shall establish a 401(a) Defined Contribution Plan for Executive Management employees only to offset the 6.2% required employee payroll tax contribution to Social Security. The City shall contribute 6.2% of base salary per pay period, up to the annual Social Security taxable maximum. City contributions to the plan shall be calculated on an annual basis and evenly distributed in 26 pay periods per year. For earnings in 2023, this base is $160,200 with a $9,932 maximum City contribution. The 401(a) Defined Contribution provision does not apply to employees in the Chief of Police and Fire Chief positions as those are exempted from Social Security. The Elected City Clerk and Treasurer positions shall be ineligible for this benefit. (Reso. 2620) 4/75 (Reso. 4264) 8/02 (Reso. 4430) 7/05 (Reso. 4474) 7/06 (Reso. 4513) 7/07 (Reso. 4619) 9/09 (Reso. 4743) 10/11 (Reso. 4918) 6/15 (Reso. 5350) 6/22 SECTION 1A2.121 FLEXIBLE SPENDING ACCOUNT. A Flexible Spending Account will be established pursuant to the terms and conditions of the Internal Revenue Code as a benefit to employees enumerated in Section 1A2.000. Each employee in Section 1A2.000 is eligible to participate in this plan. (Council Approval) 11 /88 SECTION 1A2.123 CHIEF OFFICER CERTIFICATION. Effective July 1, 2008, Battalion Chiefs, upon obtaining Chief Officer Certification from the Office of the State Fire Marshal, shall receive Certification Compensation in an amount of $585.09 per 1 11T i1 Page 187 of 327 City of El Segundo Administrative Code Chapter 1A2- management and Confidential Series Page 11 of 19 Effective October 1, 2008, the Deputy Fire Chief, upon obtaining Chief Officer Certification from the Office of the State Fire Marshal, shall receive Certification Compensation in an amount of $659.82 per month. (Reso. 4430) 7/05 (Reso. 4474) 7/06 (Reso. 4582) 12/08 SECTION 1A2.130 UNIFORM ALLOWANCE. Effective October 1, 1988, Management -Confidential employees in the Police and Fire Department who are required to purchase and continuously maintain certain prescribed items of uniform clothing shall be compensated for a portion of the initial and maintenance costs thereof according to the following: Classification /Position Per Mo. of Active Duty Police Chief $53.00 Fire Chief $33.00 Fire Battalion Chief $40.00 (Reso. 3229) 10/83 (Reso. 3446) 11 /86 (Council Approval) 11/88 SECTION 1A2.131.1 SICK LEAVE ACCUMULATED FOR CARE OF MEMBERS OF IMMEDIATE FAMILY. Sick leave is accrued at 8 hours per month. Employees in the Battalion Chief classification working on a 112 hours schedule accrue 12 hours per month. Employees a re eligible to utilize a maximum of half their annual sick leave accrual, forty-eight (48) hours or seventy-two (72) hours for Battalion Chiefs, of sick leave per calendar year in order to provide care to a "family member" of the employee suffering from illness or injury. For this purpose, the term "family member" means a child, parent, spouse, registered domestic partner, grandparent, grandchild or sibling, or any other "family member" recognized by Labor Code section 245.5. The term parent shall also include the parent of the employee's spouse or registered domestic partner. For this purpose, the term "family member" also means one (1) "designated person" that the employee has identified who is related to the employee by blood or whose association with the employee is the equivalent of a family relationship. (Reso.3790) 10/92 (Reso.3860) 4/94 Page 188 of 327 City of El Segundo Administrative Code Chapter 1A2- management and Confidential Series Page 12 of 19 (Reso. XXXX) 8/23 SECTION 1A2.134 SICK LEAVE — PAYMENT UPON DEATH OR SERVICE RETIREMENT. In the event an Executive, Mid -Management, or Confidential employee, while in the City's employ, and who has been employed by the City for five continuous years or more in a full-time position, dies or service retires under the Public Employees' Retirement System with unused Sick Leave to his or her credit, he or she shall be compensated in an amount equal to eighty percent (80%) of the value of such Sick Leave based upon his or her base salary at the time of death or service retirement, without the inclusion of overtime pay or additional compensation. (Reso. 3229) 10/83 (Reso. 3336) 11 /85 (Reso. 3498) 9/87 (Reso. XXXX) 8/23 SECTION 1A2.135 SICK LEAVE ACCRUED — PAYMENT OF ON DISABILITY RETIREMENT OR DISABILITY SEPARATION FROM THE CITY- LESS THAN 5 YEARS OF CITY SERVICE. In the event an employee regulated by this Chapter while in the City's employ, and who has been employed by the City for five or more continuous years in a full-time position, Disability Retires under the California Public Employees' Retirement System or separates from the City with unused Sick Leave to his or her credit, he or she shall be compensated in an amount equal to One Hundred Percent (100%) of the value of such Sick Leave, based upon the employees regular rate of pay at the time of retirement or separation. (Reso. 3498) 11 /86 (Reso, 3860) 4/94 (Reso. 4430) 7/05 (Reso. 4619) 9/09 SECTION 1A2.135.1 PAYMENT OF SICK LEAVE ACCRUAL —AFTER 20 YEARS OF CITY SERVICE. Upon separation from service, sworn Police and Fire Management Employees with 20 years of continuous City service, will be compensated for One Hundred Percent (100%) of the employee's accumulated, unused Sick Leave at their regular rate of pay at separation. (Reso.4264) 8/02 (Reso.4619) 9/09 SECTION 1A2.135.2 PAYMENT OF SICK LEAVE ACCRUAL — DISABILITY RETIREMENT- 5 OR MORE YEARS OF CITY SERVICE. Upon separation from service because of a disability retirement, sworn Police and Fire Management employees with five years of continuous City service, will be compensated for ninety percent (90%) of the employee's accumulated, unused Sick Leave at the employee's Page 189 of 327 City of El Segundo Administrative Code Chapter 1A2- management and Confidential Series Page 13 of 19 current rate at separation. (Reso.4264) 8/02 SECTION 1A2.136 SICK LEAVE — LEAVE WITH PAY DUE TO ILLNESS -ACCUMULATION OF SAME; SICK LEAVE CASH OUT Sick Leave with pay may be granted for an absence from duty because of personal illness, injury, or legal quarantine not compensable under the provisions of the Workers' Compensation Laws of the State of California. Permanent employees shall accumulate Sick Leave at the rate of eight (8) hours per month; employees on a 112 hours fire suppression schedule earn Sick Leave at the rate of twelve (12) hours per month. Hours worked in addition to a regular work week shall not entitle an employee to additional Sick Leave accumulation. Sick Leave taken by an employee shall be deducted from his or her accumulated credit. Employees hired into a Management and Confidential Series position after August 15, 2023, may accumulate up to six hundred (600) hours of sick leave; nine hundred (900) for employees on a 112 hours fire suppression schedule. Once an employee reaches that cap, the employee shall not accrue additional sick leave until the balance has been reduced below 600 hours. Employees hired on or before August 15, 2023 will be permitted to accrue sick leave in excess of the cap of six hundred (600) hours; nine hundred (900) for employees on a 112 hours fire suppression schedule subject to a mandatory cash out as described below. For employees hired on or before August 15, 2023, the City will cash out any accrued sick leave in excess of the 600 or 900 hour cap on or around December 1 of each year. The City will provide the cash out by direct deposit. (Reso.3173) 10/82 (Reso. XXXX) 8/23 SECTION 1A2.137.1, SICK LEAVE PAYOUTS. Notwithstanding Sections 1A2.132 through 1A2.135.2 of the El Segundo Administrative Code, employees regulated by this Chapter who receive payment of sick leave hours shall have the value of the sick leave hours calculated at the base salary hourly rate. (Reso. 4918) 6/15 SECTION 1A2.139 HOLIDAYS AND HOLIDAY PAY. Except as otherwise herein specifically provided, employees shall be entitled to the following holidays: January 1st The third Monday in January The third Monday in February 1010laI, SM SIR Thanksgiving Day and the Friday thereafter December 24tn Page 190 of 327 City of El Segundo Administrative Code Chapter 1A2- management and Confidential Series Page 14 of 19 The last Monday in May December 25tn July 4t" December31st The first Monday in September provided, however, (a) that such dates may be supplemented or amended by a Resolution amending the Administrative Code (b) that in the event any of these holidays fall on the last day an employee is off on the employee's regular days off period, the day following is observed as a holiday for the purpose of this section; and (c) that in the event any of these holidays fall on the first day of an employee's regular day off period, the previous day is considered a holiday for purpose of this section. Notwithstanding the above, this provision does not apply to Battalion Chiefs who receive pay in lieu of time off for holidays. (Reso.3173) 10/82 (Reso. 4513) 7/07 (Reso. 5197) 01/20 (Reso. XXXX) 8/23 SECTION 1A2.139.1 PERSONAL LEAVE/FLOATING HOLIDAY. In addition to the holidays enumerated in Section 1A2.139, each employee who has completed six (6) months of service shall be entitled to select one (1) day per calendar year as a Floating Holiday. Each employee shall a I so receive one (1) day per calendar year as a Personal Leave. For this purpose, employees who are assigned to a 5/40 schedule shall receive eight (8) hours, employees who are assigned to a 9/80 schedule shall receive nine (9) hours, and employees who are assigned to a 4/10 schedule shall receive 10 hours. Employees on other schedules will be compensated accordingly. In the first full pay period following the adoption of the Administrative Code by the City Council, the City shall provide employees an additional one (1) day of Personal Leave. The City shall provide employees a second (2nd) day of Personal Leave each year, as described below, unless and until such time as the City recognizes either Cesar Chavez Day or Juneteenth as a Holiday. In the event that the City recognizes either Cesar Chavez Day or Juneteenth as a Holiday, the City will rescind the provision of a second (2nd) day of Personal Leave for the following calendar year. The City will credit employees with the Personal Leave every January. Newly hired employees hired after the first of the year will also receive the Personal Leave, which the employee may use six (6) months after the employee's initial appointment date. (Reso. 3290) 12/84 (Reso. 3446) 11 /86 (Reso XXXX) 8/23 Page 191 of 327 City of El Segundo Administrative Code Chapter 1A2- management and Confidential Series Page 15 of 19 SECTION 1A2.140 HOLIDAYS AND HOLIDAY PAY— BATTALION CHIEFS. Battalion Chiefs assigned to Fire Suppression Duty will be paid for 156 hours in lieu of holidays once a year on or about the 10t" day of December. Battalion Chiefs who serve in that capacity less than a full year will be paid Holiday Pay on a pro rata basis. To the extent permitted by law, the compensation in this section is special compensation for those employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) and 571.1(b)(4) Holiday Pay. (Reso.3178) 12/82 (Reso. 4513) 7/07 SECTION 1A2.144 VACATION LEAVE Employees regularly employed shall accumulate vacation time in accordance with the following schedule: Years of Service Annual Accrual Rate Accrual Per Pay Period Maximum Permissible Accrual 0-5 108 hours 4.15 hours 216 hours 6-10 132 hours 5.08 hours 264 hours 11-15 156 hours 6.00 hours 312 hours 16+ 188 hours 7.23 hours 376 hours Employees may accrue up to two (2) years of vacation leave at their current annual accrual rate. Effective July 2, 2023, the City will impose a hard cap on vacation accrual such that such that no employee shall be permitted to accrue vacation in excess of twice their annual accrual rate. Any employee that has a vacation balance in excess of twice their annual accrual rate will be cashed out by the City at their base hourly rate to bring their vacation balance to twice their annual accrual rate in December 2023. All other terms and conditions in Section 1A2.144(1) and (2) remain in effect. (Reso. 3175) 10/82 (Reso. 3860) 4/94 (Reso. 4582) 12/08 (Reso. XXXX) 8/23 Page 192 of 327 City of El Segundo Administrative Code Chapter 1A2- management and Confidential Series Page 16 of 19 SECTION 1A2.144.1 VACATION ACCRUAL BASED ON TOTAL SERVICE TIME IN A CaIPERS OR COMPARABLE AGENCY. Executive, Mid -Management, and Confidential employees shall accumulate vacation time based on their total years of service in a CalPERS or comparable agency. (Reso.3860) 4/95 (Reso XXXX) 8/23 SECTION 1A2.145 VACATION LEAVE USE. Vacation Leaves may be taken only after the employee has completed six (6) months of continuous service with the City. (Reso. 3336) 11 /85 SECTION 1A2.146 VACATION LEAVE CASH OUT. A. Qualification for Vacation Cash Out: An employee who has completed one (1) year of service qualifies for vacation cash out. B . IRREVOCABLE Election Process in 2023 and thereafter: A qualified employee may irrevocably elect to receive cash payment(s) in lieu of accrued vacation leave up to one hundred percent (100%) of the total amount of vacation leave that the employee can accrue in a year based on their length of service as described in Article 4, Section 1. On or before December 15, 2023 and every December 15t" thereafter, a qualified employee who elects to cash out some or all of their vacation to be accrued in the following year shall submit written request to the Human Resources Department stating their irrevocable election(s). The employee shall provide the following information as part of their election: (1) The total number of hours of vacation leave that the employee will accrue between January 1 and June 30 in the following calendar year based on their annual accrual rate based on their years of service; (2) The total amount of vacation leave to be accrued that the employee wants to cash out in July of the following calendar year (The cash -out amount must be equal to or less than the amount accrued between January 1 and June 30); (3) The total number of hours of vacation leave that the employee will accrue between July 1 and December 31 in the following calendar year based on their annual accrual rate based on their years of service; and (4) The total amount of vacation leave to be accrued that the employee wants to cash out in December of the following calendar year (The cumulative cash -out amount must be equal to or less than the total amount accrued between January 1 and December 30). C . The City shall administer the cash out twice annually, starting in December 2023 and every December thereafter. The City shall make the cash outs in the first full pay period in July and December. Page 193 of 327 City of El Segundo Administrative Code Chapter 1A2- management and Confidential Series Page 17 of 19 Such cash outs shall be paid at the employee's base salary hourly rate of pay. D. Regardless of the number of hours that the employee requests to cash out, the City can only cash out vacation hours that the employee has accrued in the calendar year as of the time of the cash out which the employee has not yet used. (Reso. 3336) 11 /85 (Reso. 4430) 7/05 (Reso. 4743) 10/11 (Reso. 4789) 10/12 (Reso. 4918) 6/15 (Reso. 4951) 12/15 (Reso XXXX) 8/23 SECTION 1A2.147 VACATION LEAVE ACCRUAL— FOR TEMPORARY INDUSTRIAL DISABILITY. Notwithstanding the provisions of Section 1A6.220, employees on temporary industrial disability that is not subject to Labor Code section 4850 may accrue vacation time for the length of their industrial injury leave if they supplement their industrial disability payments with paid leave accruals such that they continue to receive their full salary. Employees on Labor Code section 4850 industrial injury leave will continue to accrue vacation leave during the time they are on industrial injury leave pursuant to Labor Code section 4850 without use of accrued leave balances. (Reso. 3336) 11 /85 (Reso. XXXX) 8/23 SECTION 1A2.148 BEREAVEMENT LEAVE — PERSONAL EMERGENCIES — IMMEDIATE FAMILY DEFINED. In the event of the death of an employee's "family member", as defined in Section 1A2.131.1, but excluding the "designated person," the City shall provide the employee three (3) days paid bereavement leave and two (2) days of unpaid leave to be used within three (3) months of the date of the death of the "family member." Employees may elect to use other forms of paid leave that they have accumulated in order to provide for their compensation while using the two (2) days of unpaid leave. For employees who need to travel 500 or more miles from the for the employee's family member, the City shall also provide bereavement leave in lieu of the two (2) days of unpaid leave. City in order to attend services two (2) additional days of paid (Reso. 3173) 10/82 (Reso.3860) 4/94 (Reso.4430) 7/05 (Reso XXXX) 8/23 Page 194 of 327 City of El Segundo Administrative Code Chapter 1A2- management and Confidential Series Page 18 of 19 SECTION 1A2.149 JURY DUTY. The employee must provide written notice of the expected Jury Duty to his or her supervisor as soon as possible, but in no case later than 14 days before the beginning of Jury Duty. During the first two weeks of Jury Duty, an employee shall be entitled to receive his or her regular compensation. For any portion of Jury Duty that extends beyond the first two weeks, such extended Jury Duty period shall be without pay. Any compensation for the first two weeks of Jury Duty, except Travel Reimbursement Pay, must be deposited with the Director of Human Resources. While on Jury Duty, the employee must report to work during any portion of a day that the employee is relieved of Jury Duty for three or more consecutive hours. The employee must provide documentation of his or her daily attendance on Jury Duty. (Reso.4582) 12/08 SECTION 1A2.150 SALARIES AND BENEFITS APPLICABLE. The provisions of this Chapter are applicable to Executive, Mid -Management, and Confidential employees enumerated in Section 1A2.040 of this chapter. (Reso.3173) 10/82 SECTION 1A2.152 CITY OF EL SEGUNDO SUBSTANCE ABUSE POLICY AND DRUG FREE WORKPLACE STATEMENT. The City of El Segundo Substance Abuse Policy and Drug -Free Workplace Statement, dated July 1, 2008 shall be applicable to all Department Heads, Mid -Management and Confidential Employees. (Reso.4582) 12/08 SECTION 1A2.153 CaIPERS MEMBER CONTRIBUTION. Effective July 1, 2019, the CalPERS Classic Members in the Miscellaneous Classifications in Executive, Mid -Management, and Confidential shall pay a total employee contribution of eight percent (8%); seven percent (7%) shall be the member contribution, and one percent (1 %) shall be employee -paid cost -sharing of the City's contribution under Gov. Code section 20516(a). CalPERS PEPRA New Members in the Miscellaneous Classifications in Executive, Mid- Management-, and Confidential employees shall pay fifty percent (50%) of normal cost as determined by CalPERS. Effective July 1, 2019, CalPERS Classic Members in the Safety Classifications in Executive, Mid - Management, and -Confidential employees shall pay a total employee contribution of twelve Page 195 of 327 City of El Segundo Administrative Code Chapter 1A2- management and Confidential Series Page 19 of 19 (12%); nine percent (9%) shall be the member contribution, and three percent (3%) shall be the employee -paid cost -sharing of the City's contribution under Gov. Code section 20516(a). CalPERS PEPRA New Members in the Safety Classifications in Executive, Mid -Management, and Confidential Series shall pay fifty percent (50%) of normal cost as determined by CalPERS. (Reso. 4741) 10/11 (Reso. 4743) 10/11 (Reso. 4789) 10/12 (Reso. 4918) 6/15 (Reso. 4951) 12/15 (Reso. 4976) 04/16 (Reso. 5154) 06/19 SECTION 1A2.154 AUTO ALLOWANCE. Executive Management positions that are not provided a City vehicle shall receive an auto allowance in the amount of $400 per month. Employees provided an auto allowance are ineligible for mileage reimbursement. (Reso. 5350) 06/22 SECTION 1A2.155 VOLUNTARY BINDING ARBITRATION AND BONUS PAYMENT Voluntary Agreement to Binding Arbitration in Exchange for $10,000 Bonus Payment: Executive, Mid -management and Confidential employees may voluntarily enter into an Arbitration Agreement according to the terms of the agreement. Page 196 of 327 UNREPRESENTED MANAGEMENT AND CONFIDENTIAL SALARY RANGE ADJUSTMENTS - AUGUST 15, 2023 M&C Unrepre ehted: ,Exedutive, Mid4Unagement, Confidential Employee Salary'Schedule EFFECTIVE DATE SALARY REVISION EFFECTIVE DATE AGREEMENT NUMBER JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL 11/3/2020 8/15/2023 5232 Deputy City Manager (At -Will) EXECUTIVE 60d Salaried 68.20 11822.00 141864.00 108.17 18750.00 225000.00 6/4/2019 5154 Chief of Police EXECUTIVE 60f Salaried 101.66 17620.73 211448.76 125.41 21737.72 260852.64 6/4/2019 5154 Fire Chief EXECUTIVE 70f Salaried 96.69 16760.14 201121.68 116.03 20112.17 241346.04 1/18/2022 8/15/2023 5306 Chief Financial Officer EXECUTIVE 64d Salaried 77.39 13415.00 160980.00 108.17 18750.00 225000.00 11/3/2020 8/15/2023 5232 Director of Human Resources EXECUTIVE 64d Salaried 77.39 13415.00 160980.00 108.17 18750.00 1225000.00 11/3/2020 8/15/2023 5232 Information Technology Services Director EXECUTIVE 64d Salaried 77.39 13415.00 160980.00 108.17 18750.00 225000.00 9/6/2022 8/15/2023 5359 Director of Recreation, Parks, and Library EXECUTIVE 64d Salaried 77.39 13415.00 160980.00 108.17 18750.00 225000.00 9/6/2022 8/15/2023 5359 Director of Community Development EXECUTIVE 64d Salaried 78.35 13581.00 162972.00 108.17 18750.00 225000.00 6/4/2019 8/15/2023 5154 Director of Public Works EXECUTIVE 64d Salaried 77.39 13415.00 160980.00 108.17 18750.00 225000.00 6/4/2019 8/15/2023 5154 Assistant City Engineer MANAGEMENT 56m Salaried 60.70 10521.52 126258.24 77.21 13383.38 160600.56 6/6/2023 8/15/2023 5420 Aquatics Manager MANAGEMENT 50m Salaried 56.85 9854.65 118255.80 72.32 12535.11 150421.38 6/4/2019 5154 Battalion Chief MANAGEMENT 60f Salaried 53.74 13041.06 156492.72 64.49 15649.27 187791.24 6/4/2019 8/15/2023 5154 Building Safety Manager MANAGEMENT 60f Salaried 64.83 11236.58 134838.96 82.46 14292.92 171515.08 6/4/2019 8/15/2023 5154 City Engineer (At -Will) MANAGEMENT 60m Salaried 68.91 11943.54 143322.48 87.65 15192.19 182306.22 11/3/2020 8/15/2023 5381 Communications Manager (At -Will) MANAGEMENT 51m Salaried 58.10 10070.98 120851.76 73.91 12810.29 153723.49 6/4/2019 8/15/2023 5344 Deputy City Clerk MANAGEMENT 27m Salaried 35.43 6140.99 73691.88 44.80 7765.55 93186.59 6/7/2022 8/15/2023 5344 Assistant City Clerk (At -Will) MANAGEMENT 36m Salaried 58.10 10070.98 120851.76 73.91 12810.29 153723.49 6/4/2019 8/15/2023 5154 Deputy City Treasurer II MANAGEMENT 30s Salaried 44.05 7635.47 91625.64 56.03 9712.31 116547.76 2/21/2023 8/15/2023 5395 General Services Superintendent (At -Will) MANAGEMENT 57m Salaried 59.04 10233.12 122797.44 75.10 13016.52 156198.29 4/19/2022 8/15/2023 5326 Finance Manager (At -Will) MANAGEMENT 55m Salaried 59.38 10292.33 123507.96 83.26 14431.90 173182.80 2/21/2023 8/15/2023 5395 Utilities Superintendent (At -Will) MANAGEMENT 59m Salaried 59.04 10233.12 122797.44 75.10 13016.52 156198.29 6/4/2019 8/15/2023 5154 Human Resources Manager (At -Will) MANAGEMENT 51m Salaried 58.10 10070.98 120851.76 73.91 12810.29 153723.49 6/4/2019 8/15/2023 5154 Information Systems Manager (At -Will) MANAGEMENT 54m Salaried 62.04 10753.00 129036.00 78.91 13677.82 164133.79 6/4/2019 8/15/2023 5154 Librarian II MANAGEMENT 37m Salaried 41.97 7274.57 87294.84 53.38 9253.25 111038.99 11/3/2020 8/15/2023 1620 Library Services Manager MANAGEMENT 50m Salaried 56.85 9854.65 118255.80 72.32 12535.11 150421.38 6/4/2019 8/15/2023 5154 Park Maintenance Superintendent MANAGEMENT 48m Salaried 54.45 9437.67 113252.04 69.26 12004.71 144056.54 6/4/2019 8/15/2023 5154 Planning Manager (At -Will) MANAGEMENT 56m Salaried 64.83 11236.58 134838.96 82.46 14292.92 171515.08 6/4/2019 8/15/2023 5154 Recreation Superintendent MANAGEMENT 50m Salaried 56.85 9854.65 118255.80 72.32 12535.11 150421.38 11/3/2020 8/15/2023 5232 Risk Manager (At -Will) MANAGEMENT 52m Salaried 58.10 10071.00 120852.00 73.90 12810.10 153721.20 6/4/2019 8/15/2023 5154 Senior Librarian MANAGEMENT 39m Salaried 44.98 7796.33 93555.96 57.21 9916.94 119003.23 11/3/2020 8/15/2023 5232 Treasury & Customer Service Manager MANAGEMENT 141 Salaried 59.38 10292.00 123504.00 75.53 13092.06 157104.72 6/4/2019 8/15/2023 5154 Accountant CONFIDENTIAL 31m Salaried 38.16 6614.09 79369.08 48.54 8413.12 100957.50 Page 197 of 327 UNREPRESENTED MANAGEMENT AND CONFIDENTIAL SALARY RANGE ADJUSTMENTS - AUGUST 15, 2023 M&C Unrepre ehted: ,Exedutive, Mid4Unagement, Confidential Employee Salary'Schedule EFFECTIVE DATE SALARY REVISION EFFECTIVE DATE AGREEMENT NUMBER JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL 6/4/2019 8/15/2023 5154 Executive Assistant CONFIDENTIAL 34m Salaried 37.98 6582.92 78995.04 48.31 8373.48 100481.77 2/21/2023 8/15/2023 5395 Human Resources Analyst CONFIDENTIAL 34m Salaried 41.40 7176.04 86112.48 52.66 9127.93 109535.10 6/4/2019 8/15/2023 NA Human Resources Technician CONFIDENTIAL 18m Salaried 29.58 5127.76 61533.12 37.63 6522.52 78270.23 6/4/2019 8/15/2023 5154 Management Analyst CONFIDENTIAL 35m Salaried 41.40 7176.04 86112.48 52.66 9127.93 109535.10 6/4/2019 8/15/2023 5154 Payroll Accountant CONFIDENTIAL 31m Salaried 38.16 6614.09 79369.08 48.54 8413.12 1100957.50 6/4/2019 8/15/2023 5154 Principal Civil Engineer CONFIDENTIAL 51m Salaried 58.10 10070.98 120851.76 73.91 12810.29 153723.49 6/4/2019 8/15/2023 5154 Senior Civil Engineer (At -Will) CONFIDENTIAL 48m Salaried 54.45 9437.67 113252.04 69.26 12004.71 144056.54 6/4/2019 8/15/2023 5154 Senior Executive Assistant (At -Will) CONFIDENTIAL 35m Salaried 41.40 7176.04 86112.48 52.66 9127.93 109535.10 6/4/2019 8/15/2023 5154 Senior Human Resources Analyst CONFIDENTIAL 39m Salaried 44.98 7796.33 1 93555.96 57.21 9916.94 119003.23 6/4/2019 8/15/2023 5154 Senior Management Analyst CONFIDENTIAL 39m Salaried 44.98 7796.33 93555.96 57.21 9916.94 119003.23 6/4/2019 8/15/2023 5401 Special Projects Administrator CONFIDENTIAL 35m Salaried 41.40 7176.04 86112.48 52.66 9127.93 109535.10 Page 198 of 327 MANAGEMENT AND CONFIDENTIAL SERIES EMPLOYEE VOLUNATRY ARBITRATION AGREEMENT This Arbitration Agreement ("Agreement"), is between the City of El Segundo ("Employer" or "City") and ("Employee") (collectively "Parties" or "Party" as may be appropriate.) Employer and Employee agree to the following terms and conditions. 1. Consideration. In exchange for a total of bonus payment of $10,000, Employee agrees to arbitration as the sole and exclusive remedy for the Arbitrable Claims defined below. a. Payment of $10,000 is to be paid within 30 days of Employee's delivery of an executed Agreement to the City. Employee shall not be entitled to receive more than $10,000 in payment pursuant to this Agreement, even if Employee's employment is terminated and the Employee subsequently becomes re-employed by the City. b. Once the Employee receives a payment under this Agreement, all Arbitrable Claims shall be subject to the arbitration process outline below. 2. Applicable Law. The Employee and Employer agree that the Arbitrable Claims defined below shall be submitted to and determined exclusively by binding arbitration under the California Arbitration Act, ("CAA") (Cal. Code Civ. Proc. sec. 1280 et. Seq. Employer and Employee understand and agree that they are knowingly and intentionally giving up any right that they may have to a court trial by judge or jury with regard to the Arbitrable Claims. 3. Arbitration Procedure. The Parties shall have the right to conduct discovery pursuant to Cal. Code Civ. Proc. sec. 1283.05 (including all of the CAA's other mandatory and permissive rights to discovery). Nothing in this Agreement shall prevent either Party from obtaining provisional remedies to the extent permitted by Code of Civil Procedure Section 1281.8 either before the commencement of or during the arbitration process. All rules of pleading, (including the right of demurrer), all rules and judgment under Code of Civil Procedure Section 631.8 shall apply and be observed. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded. The arbitration shall be held before a single arbitrator, who shall be an attorney at law and an experienced employment law arbitrator. The arbitrator shall be mutually selected by the Parties. The Arbitrator shall have the power to award all legal relief available in a court of law, including any and all damages that may be available for any of the claims asserted. In addition, each of the Parties shall retain all defenses that they would have in a judicial proceeding, including defenses based on the expiration of the statute of limitations and that the damages being sought are not authorized or are excessive. The Arbitrator shall render a written award within 30 days after the matter is submitted for determination, and the award of the arbitrator shall be final and binding on the City, the Association and the employee. Page 199 of 327 4. Definition of Arbitrable Claims. The following shall be Arbitrable Claims: a. Appeals of Dismissals, Demotions, and/or Suspensions without Pay Longer than Six (6) Days, Brought by Executive, Mid -Management, and Confidential Employees: the City shall submit timely appeals of dismissals, demotions and suspensions without pay longer than six (6) days to binding arbitration, pursuant to this Agreement. An employee who has been dismissed, demoted, or suspended longer than six (6) days, shall have ten (10) calendar days following written notification of the dismissal, demotion or suspension in which to file an appeal. The written appeal must be submitted to the City Manager. ii. Upon receipt of a timely request for appeal of the dismissal, the City and employee may either mutually select an arbitrator or request a list of seven (7) arbitrators registered with the California State Conciliation and Mediation Service or some other mutually agreed upon source. The Parties shall agree to a mediator within ten (10) days of the timely appeal, unless the Parties mutually agree to extend this time period. iii. The role of the arbitrator shall be to determine if the dismissal is consistent with just cause. The arbitrator shall hold a hearing at which both sides may present their arguments and evidence, including witnesses and subsequently issue a written decision. The hearing shall commence within 120 days of selection by the Parties, unless the Parties mutually agree to extend this time period. iv. The decision of the arbitrator shall be final and binding on the Parties. The arbitrator shall issue his/her decision in writing within thirty (30) days of the closing of the hearing. v. The costs of the arbitration/hearing (court reporter, arbitration hearing transcripts) shall be divided in half (50/50) between the City and employee. Attorney's fees, staff time and witness fees shall not be shared between the Parties and shall be paid by the Party that incurred the cost. b. The civil claims which are subject to final and binding arbitration shall include, but not be limited to, any and all employment -related claims or controversies, such as breach of employment agreement, breach of the covenant of good faith and fair dealing, negligent supervision or hiring, wrongful discharge in violation of public policy, unpaid wages of overtime under the state and federal wage payment laws, breach of privacy claims, intentional or negligent infliction of emotional distress claims, fraud, defamation, and divulgence of trade secrets. This also specifically includes claims that could be asserted under all state and federal anti- discrimination laws, including but not limited to the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Family and Medical Leave Act, and claims for Page 200 of 327 discrimination and harassment in employment on the basis of race, age, sex, religion, national origin, alienage, religion, marital status, sexual orientation, disability, political activity, or any other statutorily -protected basis. It shall also include any and all claims an employee may have under the Fair Labor Standards Act, the California Labor Code, and the Industrial Welfare Commission Wage Orders, as well as any other state and federal statutes. This Agreement is further intended to apply to any claim Employee(s) may have against the City and/or any of its directors, employees, or agents, and to any and all past and future employment relationships Employee may have with the City regardless of job position or title. City shall also arbitrate all claims it has against the employee under the same rules and regulations set forth herein. c. Notwithstanding the provisions of this Agreement, Employee may elect to file a claim for workers' compensation and unemployment insurance benefits with the appropriate state agencies, and administrative charges with the Equal Employment Opportunity Commission, California Department of Fair Employment and Housing, and any similar state agency. Unless otherwise required by applicable law, all other employment -related claims shall be resolved by final and binding arbitration and not by a jury in a court of law. 5. No Arbitration of Class, Collective or Representative Actions. To the fullest extent permitted by law, no form of class, collective, or representative action shall be maintained pursuant to this Agreement without the mutual consent of the Parties. Any dispute over the validity, effect, or enforceability of the provisions of this paragraph, including whether the arbitration may proceed as class, collective, or representative action, shall be for a court of law and not an arbitrator to decide. 6. Arbitration Costs. a. For arbitrations for appeals of dismissals, demotions, and/or suspensions without pay longer than six (6) days, the Employee and Employer agree to split the costs of arbitration evenly (see section 4.a.). b. For arbitrations of disputes for Arbitrable Claims as set out in section 4.b., the City shall bear the costs of any arbitration, including the compensation of the Arbitrator, all of the Arbitrator's administrative expenses, and CSR transcripts for arbitration hearings. c. For any arbitration conducted pursuant to this Agreement, except as may otherwise be required by law, the Parties shall be responsible for their own attorneys' fees and costs incurred in presenting their case to the Arbitrator, including without limitation deposition related costs. 7. Term of Agreement. This Agreement shall continue in full force and effect for the duration of Employee's current employment by Employer and the duration of any subsequent re-employment of Employee by Employer and also survives after the termination of the Employee's current or employment or subsequent re-employment This Agreement does not create any express or implied contract of employment and nothing in this Agreement is intended to alter the at -will employment status of Employee. Page 201 of 327 8. Integration. This Agreement sets forth the Parties' mutual rights and obligations with respect to the resolution of Arbitrable Claims. It is intended to be the final, complete, and exclusive statement of the terms of the Parties' agreements regarding this subject. This Agreement supersedes all other prior and contemporaneous agreements and statements related to the resolution of Arbitrable Claims, whether written or oral, express or implied, on this subject, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of Employer, now or in the future, apply to Employee and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control. 9. Amendments; Waivers. This Agreement may not be amended except by an instrument in writing, signed by Employee and Employer. No failure to exercise and no delay in exercising any right, remedy, or power under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power under this Agreement preclude any other or further exercise thereof, or the exercise of any other right, remedy, or power provided herein or by law or in equity. 10. Severability. If a court or Arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect. In addition, the Parties authorize the Arbitrator or court to add to or revise the language of this Arbitration Agreement in order to make the provision complete and lawful, so as to effectuate to the maximum extent possible the Parties' mutual intent to have all disputes subject to this provision be resolved solely by final and binding arbitration. 11. Jurisdiction and Venue. All arbitrations of Arbitrable Claims shall be heard in Los Angeles County, California, and all court proceedings arising out of this Agreement shall be filed in Los Angeles County, California. "EMPLOYEE" "EMPLOYER" CITY OF EL SEGUNDO Signature of Employee Printed Name of Employee Dated Signature of Employer Representative la Name/Title of Employer Representative Dated Page 202 of 327 City of El Segundo Administrative Code Title 1A Salaries and Conditions of Employment Table of Contents Chapters: 1A-1 Elective and Appointive Officers 1A-2 Management mfi den§a1-Se4r4es.0 glm,fldeimtii 11S e.lj e s. 1A-3 General Government Series 1A-4 Fire Safety Service Series 1A-5 Police Safety Service Series 1A-6 General Rules 1A-7 Deferred Compensation Plan Revised November 2011 August 1, 2012 September 24, 2012 June 15, 2015 January 11, 2016 May 2016 EL 140\001\ 12127582.0 - 2 - Page 203 of 327 Chapter IA-2 Management -Confidential Series EL 140\001\ 12127582.0 Page 204 of 327 Chapter IA-2 Management- Confidential Series Sections: Submects 1A2.000 Schedule ofClasses bySection 1A2.010 Basic Salary Schedule 1AZD2A 1A2060 Evaluation byCity Manage,—DepartmentHeads 1A2070 Salary Increases Based onPerformance 1A2080 OvertimePay—Exoeption—Fi,eBaoa|ionChiefs I A2 495 1A2087 Promotions 1A2080 Residence Requirements 1A2100 Leave 1A2101 Exceptional Leave Program 1A2100 Insurance Benefits — Employee Dental ^�1=12.0 g.j�g gDptiGe-VLong Term Disability (Non -job related) 1��� � 1A2407 | 1A2108 Insurance | City Contribution | | 18�2�� Refiree [.)ental and Vision 1A2110 Additional Employment 1A2.115 Education Expenses Reimbursement | 1A2#54 1A21152 Educational Incentive � czwomoouurmz^ 4 1..A.2.4...1..6 o*ni'I't ire 1A2.120 Deferred Compensation Plan 1A2.121 Flexible Spending Account 1A2.123 Chief Officer Certification 1A2.130 Uniform Allowances ,,....,:.... 1A2..............................................................Q; i M1 -..,Avc-, rurr7..0, .t ........ ...y.LL, airr�+raatuoar 1A2.131.1 Sick Leave Accumulated for Care of Members of Immediate Family 1A2.132 Sick Leave after Eight Years — Payment of One-half on Termination BA2 :�... 3 Sick e.�:Rve. ;24cci ued '+R yFlrrii,,,M cm e.l d"I" inl :#dt'al i k1 [we < e rn i e I ;I. 1A2.134 Sick Leave — Payment upon Death or Service.. Retirement 1A2.135 Sick Leave — Payment upon Disability RetirementIA24,1.54 ...............................................................................................................Pa..y.rr7 e+at 1.A2,;;,1..35.::.1..............................................................1[:g.....ultt7cnt oC Sicl I....cavc Accrual After 20 Years oC City Service ..................................... tc*;:....d::::eave....Acc.r.ua.q.............A. r...2.g ..e.a.�, .. y service 1A2.135.2 Payment of Sick Leave Accrual — Disability Retirement 1A2.136 Sick Leave — Leave with Pay Due to Illness — Accumulation of Same 1-A2,-1-I Sicm::::e.a..onvers.i.o.ra....to-Sa.ga.ry-4-1hGn#1 ; 18e -lb re.... e4r t 1..A.2,4.13......................................................................4 s Gall fx-ai ns 1A2.139 Holidays and Holiday Pay 1A2.139.1 Personal Leave — Floating Holiday 1A2.140 Holidays and Holiday Pay — Battalion Chiefs 1..A.2.,-143 R 9Wa..y.s..awd....1::::IGl14a..y....�;;> >..U+ce V.-ie raaa�ts 1A2.144 Vacation L...cave& ................................. EL140\001\12127582.0 - 5 - Page 206 of 327 1A2144.1 Vacation Accrual Based onTotal Service Time ina�a..IPERSo, Comparable Agency 1A2.145 Vacation Time Use Page 207 of 327 1A2.148 Bereavement Leave — Personal Emergencies — Immediate Family Defined 1A2.149 Jury Duty 1A2.150 Salaries and Benefits Applicable 1..A.2454 Sectioar 544-42.re.....� rer7 +a tioa f::`eatd 43ea t 1A2.152 City of El Segundo Substance Abuse Policy and Drug - Free Workplace Statement 1A2.153 PERS Member Contribution 1A2.154. ............................................................................................................................................................................................ Auto Alllov�ance ,..,L? Volui�t1„'y SIIiC11iY 2IU tU,]Fli 21E'Efl,"I']EIiUc EL 140\001\ 12127582.0 Page 208 of 327 Chapter IA-2 Mana-gement-Confidential Series aECTIOm1x2.000 SCHEDULE OrCLASSES oTSERIES. The following is a list of City Departments, under which Management and/or Confidential positions for each Department are listed. Salary ranges for all authorized positions shall be determined within the ranges depicted in the "Basic Salary Schedule (1A2.01 0 of the Administrative Code)." Chief of Police Fire Chief Chief Financial Officer Director -of Community Development Director of Human Resources Director of Public Works Director -of Recreation,_ Parks andLibrary Information Technology_Services__Director Mid - Battalion Chief Building Services Manjqer Communications ManagerjAt-Will Human Resources Manaqer_�At-Will Librarian 11 Park Maintenance_Superintende Risk Mana_qerjAt-WilD Senior Librarian Confidential Page 209 of 327 Principal CiviI Engineer Senior Civil Engineer(At-Wi I Senior Executive Assistant (At -Will) Senior Human Resources Analyst Senior Management _Analyst �jp..tgj - .1 Flro��.gj, I�d.!Mjinistrator . .. .................. ........................................... Genefa4-Adn#nistrative Battal'GR Chief -Ad44i�� Ba#a4ep,G4ef Ma-pnn+ on�i"c+ EL 140\001\ 12127582.0 Page 210 of 327 (Council Approval) 1/88 and 1/89 (Reso.4194) 11/00 (Reno. 5350) 06/20 (Reso.5368)10/22 Reso„,,,.5 ,5, X XXX 09/22 12/22 (1c,4c).::...%...)...2f 22 d;471 3/23 ........................................................... SECTION 1A2.010 BASIC SALARY SCHEDULE. Effective the pay period beginning- ,u,9,u,s,t,,,-1-22,fl7, 2 f::2015,-the following respective salary schedules are hereby allocated and assigned to the respective Executive and Management/Confidential classifications. See Attachment for Executives and Management/Confidential Salary Schedules (Reso.4.3.6.5..)�12/15) SIB""1= 0Ibf 1 4 1 �1 _ - ATY— A F1 R---------------------------=1 Manager s 11--fu -salarue . --t er° . -err er to -i e to r .fD -- t i - - (-Re ' -0 5 _Commented [SMBt]: EL 140\001\ 12127582.0 - 10 Page 211 of 327 SECTIONIIA2.060 EVALUATION BY CITY MANAGER— DEPARTMENT HEADS. Employees within the Management-Confidential____qroup �including Executive Management Series Management Series; and the Confidential Employee Series� hereinafter referred to as "covered employees,�_shall be evaluated basedupo n criteria established by_ the City _Ma nage r.Tlh�� shall evaluate these empleyees whe FePGFt diFeGtIy tG him. The The City Manager shall approve all performance salary adjustments. Criteria for granting salary adjustments shall include but not belimited to: Present salary. Length mservice. _Quality and quantity ofwork performed. 40_ _ _ _ _ _ Increased competence inhandling job responsibilities. Attitude and loyalty mCity duties. Efforts toward se|f-impmvement 0 Exceptional performance. asmnOm1xu.07o SALARY INCREASES BASED OmPERFORMANCE. Salary increases shall be based on evaluation of an individual's performance and shall acknowledge and reflect the level of job proficiency indicated by the employee's performance evaluation; there shall be no automatic step progression and no longevity step increases. Salary increases shall normally bemade once each year on Ge**be� 1. Increases may bemade atother times onthe basis job performance o,unusual circumstances. |fthe employee's anniversary date o,other salary increase effective date falls inthe #�Etwee-k- rniddle of the pay period, the effective date of the increase will be the first day of that pay period, 44he - ' ''w~--' - Annual salary adjustments shall begranted predicated d on me,andtheohSectionte,ia in Section 1A2.000as follows: emp|oyees��d^ are eligible anincrease upm ffie-beap�OV�pement ; employees rated ''Above "and ' ^ are eligible toreceive anadditional 1'5% increase ; and employees rated "Below ^o,^Un����om,y^a,enote|igib|em,eoeivea����p,ayincrease; however, nosalary shall fall below the minimum of the salary range assigned to the affected employee's corresponding classification o,position. Page 212 of 327 shall sulbirnit a written rep.2.L1 2.L] jl�.2 p ria partlttYerlt II lead. crilbed forirn to the L2p ................................................................................................................. .......... ............................................................................................ ....... ................ I.he Ifhna.Llme "it 11 lead shall sullornit flie forirn to flie Director of 11 luirnai . ...... 1:R sourcesii dig ...................................................................................................................................................................................................... (Director ........................... !.!ig whethe r jj�.g itional if ii.e. ge..s.,_.a r..Y.., ... .... ... ... ... . f lie l. . )irector of 11 luirnan Resources shall sulbirnit the forirn to tie ..Cit l\A a r a er, ii dic t.i q. .................................................................................................................................................................................................................................................................................................. ............ .... ............ .............. Y . ................... q i ............... ... .......... . .... the recoirnirnendation conforms to the Cit. wide criteria foraccelerated s ep qy 211 ....................................................................................................................................................................................................... .. Ya �Ii22. . ............................................................................................ ..... 1 1 be �Qt accelerated a L.Y P d v a i,.i c eJr.n e..I.i t Art em.P.12.y..2e n� y �]2� receive rnore than one accelerated s lar s p ......... ji t ......................................... a y 22. jil within a ....... ...... . .. ..... twelve p i tL..2d of ji e Bulb �egjI2 fl]t L2qgir rne i s..p.L2yi ed for in this section ................................. ... ...... I�....... ...... 2 .................. I t ........ .. ... d ............................................................................................................. An accelerate saj�.r s! p a f. �1 LY io! 212�.) ng gj d t!iip !2.y .................................................................................. ... .. ... .... Y . .... date. e . The maximum a c c g..I.e r a t.2 d increase that may be approved by the City Managerwhose E,4aps, . Im.. Ge-RtU r94#—is 5%otoyi percent in any fiscal year for 1\4 i I q d id .... . ....... . .............. Confid intial elan p..12.y jig 2,�.% for 11:::: v ai lirlcr��_.sos4ri o Y,4 �s ��ri p,&rc_-r# ................................ e ..................... ...... ! ......... .. ................................ e i lbevo 4m.. �on#o8PGii;t-j,*hafl for -- ----- -------------------------------------------------------------------------------------------- ajppfGva�7 ---------------------------------------------------------------- Covered employees_ may _beevaluated immediately upon adoption of this resolution and may receive _an appropriatesalary increase atthe discretion of the reviewing authority, _ subject to an employee _emp o e evaluation. Salary increase shall be based upon performance evaluatiGR, arldevaluation and shall not exceed the maximum salary range identified in 1 A2.01 0jtable outlined in Section --l-above, .as.may .be amended from time to time. All other provisions of Section 1A2.070 shall remain in effect including annual employee evaluation Leguirements._ (Reso. 1446) 11/86 LReso.51541_06/19 )000() �/2' SECTIONIIA2.080 OVERTIME PAY— EXCEPTION— FIRE BATTALION CHIEFS. Effective October 1, 1988, l:::x.eoutive \Ajd:::�Management and -Confidential Employees shall not be paid M..... ........... ...................... ........ ........ ...................... overtime pay y�jtlh t e e c p h x e !.ion of v,, Fire Battalion Chiefs assigned to Fire Suppression, flhey shall be paid time and one quarter for time worked on Platoon Duty or scheduled or non-scheduled re- hires in excess of fifty-six hours per week. (Council Approval) 11/88 Sll::::::C 11 ON 1A2,085 OVIIR 11 1111VU11::11AY ll::::::XCII::::::11:::::" 11 ON P 0 L 11 C E L 11 E � J 11 E N A N 11 S EL140\001\12127582.v3 -12 Page 213 of 327 LCommented (Reso.3216) 7/83 G 16 !f C 22: MMIUD SECTION 1A2.087 SAII....AFZY IG4L...ACII:..:.1MI1:..:.1M"If Ul::�OIIm PROMOTIONS. ............................................................................................................................................................... In all cases where an employee is promoted to a classification regulated by this Chapter for which a higher rate of compensation is provided, then such employee so promoted shall enter into such higher classification at the lowest rate of compensation provided for such higher classification which exceeds by not less than five 4.5E%,,)percent the base rate of compensation, excluding Special Assignment Pay, received by said employee in such given classification at the time of such promotion, unless otherwise ordered by the City Council. All supervisors shall be paid a higher base salary than any of their regularly assigned subordinates (exclusive of V:::oar ev4y Pay, Educational Incentive Pay, Special Assignment, or any other form of compensation):....:.....p.ra....t.lo. ent th.a.t....a....superv+so�-i.s....p . ase...-salary-G.- uaU-tcr....ar...40wer t.ha.ar ra.e.....of....the;r re. u4ar u W albord-0++ate.'.W;....Ik e.....E'4ar the-s e-w4sG�r....sa+a"e..... . a�tod a 4i der b-asevi.ty......r2 d.j4Ga. bGH' aqfiriGe-Rtivo rlay—,Spec4aqAss,ugnff%y�t.....G�r....a-Hy.....efl r fGFffl ff)e.4, )....e.v.e.r sa ry se s.....ra.e.w-Iba.se-s.a.ga.�y.....is, ....a, t....t.h.e.....saffle*-as....aar�iW rlg.....pa..y.....stop ira-t, o S.. la-r e znr^ 4-W, iH, 4 lbevo, tl he supervisor's salary shall not exceed the salary range for which her/she is eligible by length of service and performance. (Reso.3446) 11/86 EL 140\001\ 12127582.0 - 13 Page 214 of 327 SECTION 1A2.090 RESIDENCE REQUIREMENTS. The Director of Public Works, Police Chief, and Fire Chief shall reside in a location which would enable the incumbents of those positions to report to work within one (1) hour of being notified of an emergency which requires their presence in El Segundo. Driving time shall be defined as the time that it takes an individual to drive to El Segundo from their place of residence during normal traffic conditions, including morning and afternoon commuter rush hour conditions prevalent in Southern California. Future occupants of these offices shall have eighteen (18) months from the date of appointment to meet this requirement. (Reso. 3539) 6/88 (Reso.4216) 06/01 SECTION 1A2.100 EXECUTIVE ADMINISTRATIVE LEAVE. "v-" d- Executive Management positions shall receive up to 80 hours of Administrative Leave per calendar year upon approval of the City Manager. Mid -Management and Confidential positions shall receive up to 56 hours of Administrative Leave per calendar year upon recommendation of the Department Director and approval of the City Manager. This leave has no cash value and cannot be carried over. (Reso 3229) 10/83 (Reso.3446) 11/86 (Reso.4582) 12/08 06W20 �Reso.4130) 9/99 (Reso.4619) 9/09 (Reso. 5350) 06/20 SECTION 105 FLEXIBLE BENEFIT PLAN A. —Executive Management, Mid Man einent and Conriidential..Serues: effeotive4u all ositions listed in Section 1(A) above (and as --may be amended -thereafter), shall be eligible to participate in the City's Flexible Benefit Plan, as per table below: 1= a4tk—Cu r� tr�b tti r II::::4ex............. f 3 raeCit---City GGRt aatu.o.a. or....i +nth i.ty..................................... orafr4bat+o-R Malg4LI.....t4ta4- 32 1 ELM - 14 Commented [SMBS]: Commented [SMB6]: ...................................................................................................................................................................................................� Page 215 of 327 irnointh proval and 2023), 2024 2025 2026 Page 216 of 327 SECTION 1A2.106 INSURANCE BENEFITS - EMPLOYEE DENTAL lktV001M ANDA ONGAIM11'.) 11 ONG TERM DISABILITY (NON -JOB ..... ......... ...... ...... .... ..... ..... ... RELATED)7i KTW:7.. M1H.-.A1C . .. ..... CONTRIBUTION. . ft+&.Qty.s_hafl- pay for_ thes,e-{Ro.r&o-Rrioq (PI) --- — -------- fiiIDec--4k 1 74-996-,-the .Qty .Ehafl- ffGVA,& .afl- Ple-r,,' �ri_ri� rog-ugated-by t4k," .Qhapter a Ge-RtribuUGR 0 PTGgf-affl Up W �-Ol�PIGY-&o arid twG-Gr_ffioredepe-Rde-RN1 p-ro4i4o_d-, -hewovo.r, flhat-eff�plGyeos­ whe 4ave W40 4".9 49R."e P.rqVAe4 w4b P-ayff%y�t ef eptuGal-pfeffiu-uffi­, 41 k4l G�r a--Ri-a-x4ffiuffi ef $7.42 pe-r_ffierith, wh4.. � . i&,4o�,�, ........... a t e d h e Ct)L9 ha I I p e u i e \A d \A ...'i Egyide dental and vision beinerits for each covered 1: x c tv I i I ai.aq.��. �.a. ..................................................................................................................................................................................................................................................................................... = .......................................... ........ ........ ........ ..... .... ....... . Confid intial e rn p..12.y !.,A . . .!. ................................ ..................... ...... ......... .. 2 P.. 2.y..t2 tjj il leje endents _q...� ......... ............. p ................................................... 1::::Z e c u !Jy e .\.ji.d..:::.Management a 'i d Confidential Employees shall be covered by the City under a long term disability insurance plan. (Commented [SMB8]: .................................................. (io-mm-entediRiMi (Commented iSMB101. air-�.der- ".t4i.'Ut Gas t44 P ER-S r- e 4 re, -m e n Commented [SMB11]: ------------- EL 140\001\ 12127582.0 -16 [CommentedjWilij ----------------------------------------------------------------------------- I Page 217 of 327 (Reso.4474) 7/06 (Reso. XXXX) 12/15 (Reso. 4975) 04/16 ( ,2s 5147) 5L!3 ........................................................................ SECTION 1A2.107 RETIREE MEDICAL INSURANCE CONTRIBUTION. reserve the Gity pFavided retiree , . . G9Rthb61t'9R after a mm;mum at five full tlme years of service with the Gifir of El Cary nclo I ��� r<y—�.r-��rt�Commented [SMB13]:. (Reso.4513) 7/07 (Reso.5350) 06/20 SECTION 1A2.108 INSURANCE BENEFITS —RETIREE MEDICAL —CIHY t CONTRIBUTION. City ernployee6 hired before june 1, 2016 who are 6ub6equently appointed to up to Q10W). The monthly ret'ree health Gentr' re h�iir�s� aGcount. The a.. ReGessary to saver the health 'RG6�-��96t far the empleyee and eligible depeRdem(s) far crarcra�sec�,—caerv,r:r�sarccr,—cffs«ac—.�rcg��-c r, Executive, Mid -Management, and Confidential employees hired before June 1, 2016, who are su_b__s__equently appointed to a position regulated by this Chapter, shall be eligible fora monthly retiree health contribution of up to $1,200. The monthly retiree health contribution will consist of the "PEMHCA amount filed bvthe Qitywith QaIPERS supplemented bya City contribution to a healthcare reimbursement account. The amount of the healthcare reimbursement supplement shall be no more than the amount necessary to cover the health insurance premium cost for the employee and eligible dependents) for the selected CalPERS health plan, but in no event shall the total monthly contribution ( PEMHCA' contribution + healthcare reimbursement account) exceed $1,200 per month. Executive Management Mid -Management, and Confidential employees who are hired by the City on or after June 1, 2016, and appointed to a position requlated by this Chapter, shall only be eligible fora retiree medical benefit up to the "PEMHCA' contribution amount filed by the City with CaIPERS. ------------------------------------------------------------------------------------------------------------------------------------- Executive Management, Mid Management, and Confidential employees service retiringfrom �eommented [sMBta]:. Ca I P E RS a nd the City of EI Seg u ndo after a minimum of five 2r n s,e,c,u,iivc... fu I I -time years of service with --------------------------------------------------------------------------- �Commented [RR15R14]: the City of EI Segundo on or after June 21 2022 shall be eligible for a retiree medical benefit equal to EL140\001\12127582.v3 - 17 Page 218 of 327 a_City contribution to a healthcare reimbursement account. The amount of the healthcare reimbursement sugplementshall be no more than the amount necessa ry_to cover the health insuranceprerniumcost for the employee and eligible dependent(si.for.the.selected CalPERS health plan, but in no event shall the total monthlycontribution PEMHCA contribution + healthcare reimbursement account� exceed th amount_provided__to__active__employges_in__the__Management_ Confidential Series.-For-2022--this total monthly contribution is $1,650_per_month._ The Elected__City_ Clerk and Treasurer ppsitions_shall__also_be_eli_qible__for this benefit as described in the Marc hj 5-2016 staff -repo rt and Resolution 4973 which ties their active and retired allowances for health to the, Ma nagernent_Co rifidential Series. Hire Date Retiree Medical — City Contribution contribution not to exceed _$1,200_per_mo nth the City_of_EI_Segundo aftera minimum offive contribution to egual highest total monthl g2.L].,ecutive full-time yearsof servicewith the contribution as described in Section 1A2.107 City_of_El__Segundo on or after June_21_,__20 above. Fo r2022, this amount shall not exceed (Council Approval) 11/88 yReso.>000q 12n5 y not enroll at ����.... i� P L2Y...S.ion is not intended to vest either retirees or curr ir t..eiry.p..!2.y � decision would have on retirees' li ibilit Page 219 of 327 SECTION 1A2. 110 ADDITIONAL EMPLOYMENT. Ai'] 1::::z e c u tiy e.. [..)ep,-Ame-Rt Headwho is employed full time by the City shall not accept other work or actively participate in the management of a private profit activity outside of his or her employment with the City of El Segundo, without first obtaining approval of the City Council, and upon showing that such activity will not conflict with his or her discharge of duties of employment with the City. (Reso.2620) 4/75 EL 140\001\ 12127582.0 - 19 Page 220 of 327 SECTION 1A2.115 EDUCATION EXPENSES— REIMBURSEMENT. xecutive Vlic! :Management Mld-.M u r uS..%�::!.:1d:...and ....- Confidential employees shall, upon an approved application and agreement to the provisions of this section, be reimbursed one hundred percent of the cost of tuition and books to a maximum of $2,000 per calendar year effective January 1, 2001 for work -related college courses; provided, however, such courses have been approved by the City Manager. Employees terminating employment with the City voluntarily or through termination with cause within two months from completion of coursework shall have deducted from their final pay 100 percent of the amount reimbursed; thereafter, ten percent less than 100 percent shall be deducted from their final pay for each full month worked up to twelve months from the date of the completion of the course. Participation in the program for mid -management and confidential employees is limited to those who have successfully completed their initial probationary period. (Council Approval) 11/88 (Reso.3995) 01/97 (Reso.4194) 11/00 SEC1"I04 1A2°1°15.°1 .1"G1I"1I04 AIND i:1Ot11K I11 III!yPBUI1SEI!V[E141:. .......................................................................................................................................................................................................................................................................... 1.�1.:�13GR allVL ..................................................: die...... - ken 41 pufsuit 4an...AA g..........................:::g::.1-0.e....Gi.tynipreye ri...si,.i...a niGu-Rt....oqu,-.A44 4WIA,- aC............................ t.u.t.i..n....and-book e. u-re.s....ia rfea-whjk-&rarnpb..y....the ....City ...and-wW4-a. st ude-Rt....a9-aw.yiarg4rnnl U',' i ....th.e....Stata?.... e:r...GaW'q-mua.,......g ieweve; , !;c 4iGwWxh.a-0U ' et... e. flhO -IF)e.0 4r44uA9Yi-sGst--reg4iced-by4he-L4iVOR ty....Gf-Ga-0uGFR+ a, �(?f?FtN-v"?-eV�+y ���93� Commented [SMBt6]:. ------------------------------------------------------------------ �p..............................:::I::.L44t19f'I-a+�d....1391"WrI3L4i"-'i9ll1fw9f'Ft....-'9a9U-9....�ir9.�ld9d-A+'3 "9se-9aWxW'i9W>... ._.._....Commented [RR17R16]: . as wh e41e ge er a+raty rsuty traa�s9ruf t i49.a. ho..... atta i.a,-a....g-rad99� be#&r...�.er...w.d.. a.s ...a-�e....t Re+a.....��; a49..)...q.i,.�....9.1.a.sss....alre ?d....l oy�rel-0me-Rt-Ib-y--flle-Q' > 1-0e EL 140\001\ 12127582.0 - 20 Page 221 of 327 B . ........... L A.,s C' a Afo*n 4-Gr--Ca Afo*n 4- State-W n re p l4f.4Rb 6W's U-4k..'e, at4.)-t4awwarx,, rsdApd-4nst#utk.) n&,-4"n�-d-n-a rnour#-,Rval Rnt-tn- W-- lhof-th- fa-tuit Gn-- a n 4 - - b v. x. *- ex p*.n 4 4- u r- e & - i 4-14;" L 4 r- F e d -w- N"] e - - P m fA 4y. e d - b -y. - t*- �-C 4 ty. - a n 4 - - w - h 4 e - - *y.-R�r tho se- r-Aasse.,%4n-- assr.e--taken--' paEv,/fa�vL_f4denGe--rFw- th- ---------------------------------------------------------------------------- C7-4ixpra4oiri Gf-Tu4o /444, ayiy-aR,d a�-ava4allo ASS'llissim:T: POkPI ITURI is rne#�qd GF- fun&iq the gs e4he-r y*,Mffw46At4G- pevAe-fir iHy G�r -Al Gf4ho W4o/bGqk Te4lbW&effle4;N' 40s Grubp-4 hefe+irl Ga-. d,&oir4o44G4o wi. . ikal �Ias-�.ia#o� Gf4a-w fG�r s-udh -6�,, �,��,4"slhafl lk r*.4iOvOld--Gj-aRy '.IHd -Al GG-RtraGtjdat-G+-G41'4e-F--Gb4gat4GRE, tG fUYW-',UGh r&mburseffi,&irit- 2 ........................... :T:I�M-- Gity 4m- E�,' ie-RGYfey -R&,, tG pfowde fGr--saW fe-imbufsem-wit and/Or tlha-le-gaqity Gf-saw-u-s"f the dlrlated fulrlds�". 4'd 40tefffl4i,�.Irlksyaa-.o ayV-adff4ri4,,,tra.tw-- Gr.Ju4ic aj"rqj "i. 0 04. YX-it E",detorrn Taed that ASS-E.4 F.�.QF F.�.11immis FFURIlimmis fuRj4ig aj"fop-ri, e -ut4ized-,the-n- #m.. w4-b94oLdR9yi-,,No akea4y-44-p-regrem. (Reso. 3860) 4/94 EL140\001\12127582.v3 -21 Page 222 of 327 SECTION 1A2.115.2 EDUCATIONAL INCENTIVE. Effective October 1, 2008, the.. Police Chief shall no longer receive 5% Educational Incentive Pay for possessing a Master's Degree from an accredited college or university. Effective July 1, 2008, a Battalion Chief, upon obtaining a Bachelor's Degree from an accredited college or university, shall receive Educational Incentive Compensation in an amount of $1,170.19 per month. Effective July 1, 2008, a Battalion Chief, upon obtaining a Master's Degree from an accredited college or university, shall receive Educational Incentive Compensation in an amount of $1,755.28 per month. Effective October 1, 2008, the Deputy Fire Chief, upon obtaining a Master's Degree from an accredited college or university, shall receive Educational Incentive Compensation in an amount of $791.78 per month. ,u,cr,fir.r]....VS.........:l.....u,ittp„u,1,,ji„v,,,,c.::.......1G;ittp...l,rycc shall receive tl7cy correslponding to tl7c 17igl7est Icvcl of education. ..................................................................... Reso. 7/97 4026 Reso. 11/00 4194 Reso. 7/05 4430 Reso. 12/08 4582 SIIIIIII':�Lw�n""II"`II(2N LA2,116 Lw�nl"��VIIVBII:::1U II llliiii:�l',t L..t2AN II:::1R(:�:Vd'�tf /�,II�B ....................................................................................................................................................................................................and software. LGaRG are repaid t ver three- year period. QHt6tand'Wg- (Reso.3860) 4/94 (Reno. 5154) 06/19 SECTION 1A2.120 DEFERRED COMPENSATION PLAN. A Defe;re�+�^m^nn�=+ Employees whe have reaGhed the age of forty seveR or older GaR Gash Gut GRe third at their base salary hourly rate, up to the deferred . FA "GatGh Up" peffg4t--�, dHFiRg the employee's last three years of empleymeRt. 1R Re eveRt ----R --R e-m-1-1— ---k -- - GHFAulative total greater thaR that permitted hereiR, and iR Re eveRt shall balaRG"less +taR GRe hHR,dred4we—Ty-4G4FsA Deferred Compensation Plan has been established as a benefit to Executive Management, Mid -Management, and Confidential employees, and each covered employee is eligible to participate in the Plan. The City shall not provide an annual matching contribution EL 140\001\ 12127582.0 - 22 Page 223 of 327 As soon as feasible following adoption of Resolution No. 5 3..5the City shall establish a 401(a) a Defined Contribution Plan for Executive Management employees to offset the 6.2/o required employeepayroll tax contribution to Social Security. The City shall contribute 6.2% of base salary per pay period up to the annual Social Security taxable maximum. City contributions to the plan shall be calculated on an annual basis and evenly distributed in 26 pay periods per year. For earnings in 2023L this base is $1Gi0 � o 200 with a $9 932 � T4 maximum City contribution. The 401(a) Defined Contribution provision does not apply to employees in the Chief of Police and Fire Chief positions as those are exempted from Social Security. The Elected City Clerk and Treasurer positions shall be ineligible for this benefit. (Reso.2620) 4/75 (Reso.4264) 8/02 (Reso.4430) 7/05 (Reso.4474) 7/06 (Reso.4513) 7/07 (Reso.4619) 9/09 (Reso.4743) 10/11 (Reso.4918) 6/15 .If c42::....% ...)....-27 2 SECTION 1A2.121 FLEXIBLE SPENDING ACCOUNT. A Flexible Spending Account will be established pursuant to the terms and conditions of the Internal Revenue Code as a benefit to employees enumerated in Section 1A2.000. Each employee in Section 1A2.000 is eligible to participate in this plan. (Council p.ro.v.a.q)...........1...1.A2.2.rgvq.1.).........../88 SECTION 1A2.123 CHIEF OFFICER CERTIFICATION. Effective July 1, 2008,,, Battalion Chiefs, upon obtaining Chief Officer Certification from the Office of the State Fire Marshal, shall receive Certification Compensation in an amount of $585.09 per month. Effective October 1, 2008, the Deputy Fire Chief, upon obtaining Chief Officer Certification from the Office of the State Fire Marshal, shall receive Certification Compensation in an amount of,, $659.82 per month. (Reso.4430) 7/05 (Reso.4474) 7/06 (Reso.4582) 12/08 SECTION 1A2.130 UNIFORM ALLOWANCE. Effective October 1, 1988,,,, Management -Confidential employees in the Police and Fire Departments who are required to purchase and continuously maintain certain prescribed items of uniform clothing 417,aardirl e�fuwprrt {st+allCommented [SMB19]:. be compensated for a portion of the initial and maintenance costs thereof according to the following: Classification /Position Per Mo. of Active Duty EL 140\001\ 12127582.0 - 23 Page 224 of 327 Police Chief $53.00 Fire Chief $33.00 Fire Battalion Chief, $40.00 l::DGiGe Qhie"Rd-Qijoa46, NG�ri 1;2atr�l :::.ieutarl a fits l2a#GP-.Joj4toRa-riN' $53J)Q (Reso.3229) 10/83 (Reso.3446) 11/86 (Council Approval) 11/88 SECTION 1A2.131 SICK LEAVE ACCUMULATED FOR PHYSICAL EXAMINATION. The City W41 aflow up tG4WO'days of-accurylu4ated -&Glk ::::e-ame &a.'&lh yeag-0 be Used ox-aff14a�s,gfa-dGGter1�,',a-rifioatiqyi- (Reso. 3173) 10/82 )00()() 3/Z SECTION 1A2.131.1 SICK LEAVE ACCUMULATED FOR CARE OF MEMBERS OF IMMEDIATE FAMILY. Sick leave is accrued at..8 hours p..2.L Emlp !.2.y ii,itliel3attalioi,iCIiiefclassificatioi,iworl��i'I q .. 21� g ................................ :: ............................................................................................................................... .... lours schedWe accrue 12 h ur Tl�m-- Qty wflk,-Alew-up te tw-e��ay-,',-of aGouffwgated SiGlk ..................................................... .................................................................................... . .. . ...p ..... ....... ...... 2 .......... lmmwe4ve 8-a1G-lh Ga4e-rld-ar .year-tcrbe us'ed fo-r�rpose"f IM64 Cal effwfgerlGi",doGtG"i-sots-and 1'roryle oar& ef meffibo.rs�rfHr4o&ato faffi�4-k4sago wou-ld a4se b"e-m-�Ated j.Rde;-�' o f944Gwing4ristayiGe-s- 21.i i1ble to utilize a rnaxiirnuirn of half their annual suck lea ..a c u .,..f fort ei lit _q . .......................................................................................................................................................................................................................................................... 2 L �d 2 y ............... . q ............ or atytnly 1 2 2.) 12ours for l3atta.lio.in Chiefs of..sick leave yf�pL in.ord.erjo 1p a e ......... ............... ........... .......... ..... L2yi d e care . to a 'family irneirnber of the eirymlovee suffering from illness or inlurv. or th.is the term 'farnil pgq� Eggistered doirnestic ................................ .......... . . ...................................................................................... pg Code L L].! q ..Lg.j�g2j2j I or..s blinq d fp..E�jl i e z d .......... ........... .......................... .. .. ...... y g2g ...j�j e by .... ................... ....... . At2.L sectio.r.] 245.5. .......... f b e t e r..im 22..L of 12�.) h s sp . '..tered .. . ... ... ........ . .. ... 2 (1 c] u d e..1 e.. PgL L]! 2f !12f� t!mpj2yf�t .. ......... ... 2.L L2,q I . ............................ 2. 22110.2.L 11::or thi p ..... .... g.[p 2 s 2�.t !12f� fp i ly ! p ..... . ..... E�.2. �2f' also rneans one.(...j..) g.tj i.at d jp±�.L� !2.y .... ..... ......................................................................................... _q tm _2f� has idenflied who is related to th.e..eirn.plo association with the /cc....is...t.�:!.e.... the ................... ................................................................................................ ...................... ......... ......... ....... ............... ............................. t.q..g.!yp - -a - I - sl . j.tj�j 2.[ f�.!m i y E2121i. 0 [1 1 12... I -------------- t-4n,e bµrth 9f a Gh4d 9f a4ee, a4-�d tG ca-re f9F a44ewhGFr4-. ................... F.4ac-&me4-4 G:f a-Gkgd wg� k)-Ga4�e4or-a4nambsr-of the µmmedµat&4`am4y wtio has (Reso. 3790) 10/92 EL 140\001\ 12127582.0 -24 Page 225 of 327 SECTION 4A24,32—%GlK1A2.132G|CKLEAVE AFTER EIGHT YEARS — PAYMENT DF Oms' yReso317q 10/82 ___GECT|ON LEAVE ACCRUED — PAYMENT ON TEF"NATION PRIOR TDDECEK8BER1. yReso.317q 10/82 Page 226 of 327 SECTION 1A2.134 SICK LEAVE —PAYMENT UPON DEATH OR SERVICE RETIREMENT. In the event aI:1..Il:::xc,c.utiv,c,,,,,,,I\Aid,,::, Management„„ -or,,. -Confidential employee, while in the City's employ, and who has been employed by the City for five coiiti,r�uous...years or more in a full-time position, dies or service retires under the Public Employees' Retirement System with unused Sick Leave to his or her credit, he or she shall be compensated in an amount equal to eighty percent (80%) of the value of such Sick Leave based upon his or her salary at the time of death or service retirement, without the inclusion of overtime pay or additional compensation. I he prravvlskaps S!„;�.f <))�-iA6 140 aimJ °i4&45(> r)i the I I `_:u1i,.av:ona,k) A(JiraknisfrafivA ? ram:;„xk?, as .bhr ?y apply q;) .(,ietrath c„aa G?rvAk„�e Beef �ra��� �rc��rf, .Ghall imc)t be rap_oloa;,4ok? fr,a..Man agei-a¢?R441<) fi cJe R 4al a ii-a k)yeteas I he I:vr<wisk)ps Saa:t<)�=-4 6 4,—n:fl afa;ay dra c4sability a,_i:vly :;a„ ly�y 0iaea�. 'arie�a.y r:;ra ec,,IeOirferal .eirapk)yees Commented [RR22]: ----------------------- Commented [RR23R22]: ----------------------- Commented [RR24R22]: ----------------------- Commented [RR25R22]: (Reso.3229) 10/83 [[RUM2]: (Reso.3336) 11/85 Commented (Reso.3498) 9/87 XXXX SECTION 1A2.135 SICK LEAVE ACCRUED — PAYMENT OF ON DISABILITY RETIREMENT OR II::]IISAII3III1 I'11Y SEPARATION FROM THE CITY. .................................................................. In the event an employee regulated by this Chapter while in the City's employ, and who has been employed by the City for five or more g2jri.s,_years in a full-time position, Disability Retires under the California Public Employees Retirement System or separates from the City with unused Sick Leave to his or her credit, he or she shall be compensated in an amount equal to One Hundred Percent 4-1-fl7,fl7,4%,,),_of the value of such Sick Leave, based upon the employees regular rate of pay at the time of retirement or separation. (Reso.3498) 11/86 (Reso.3860) 4/94 (Reso.4430) 7/05 (Reso.4619) 9/09 SECTION 1A2.135.1 PAYMENT OF SICK LEAVE ACCRUAL —AFTER 20 YEARS OF CITY SERVICE. Upon separation from service, sworn Police and Fire Management Employees with 20 years of continuous City service, will be compensated for One Hundred Percent 4-1-fl7,fl7,4%)of the employee's accumulated, unused Sick Leave at their regular rate of pay at separation. (Reso.4264) 8/02 EL 140\001\ 12127582.0 - 26 Page 227 of 327 SECTION 1Au1x*.2PAYMENT OrSICK LEAVE ACCRUAL— DISABILITY _ Upon separation from service because of disability retirement, sworn Police and Fire Management employees with five years �o��������Cyseioe. will be compensated ,�����g.21�j (.0%)ofthe employee's accumulated, unused Sick Leave at the employee's current rate at separation. yReso.317q 10/82 Page 228 of 327 aunr�nra� ;t41>utu��,•. �=kre-c���•t41>utu��r--a���•uc:�r-addut�aau�al�r>+��penaat�aa�rr-�rlk�a�l-cau�yr-pe�t�aw�r--tca-��rr.-s�rcaa�•ru�rrg-the- c-a��4n,empty-a�-�ra- saly fog aany catkup ww1��rs e r.;aNva��ated up tkre k a=r y r�te<af pay �n r.;4d�r g-but-- trya d ay %ar.; atu and�r> 9�r.;U� Lcaave 6 pon-tprrni tk n, a nr nr u--"�--twe gave--F'�y- 6cair-e� sr�-- c� u-;--a�rry-cathe r--fae�re fut--��fcairr+��-aaf-r.-� a�perat��r--p re dt �;ated- on[SMB28]: -- ------------------------------------------------------------------------------------------------------------------------------------ (Council Approval) 1 1 /88 commented [RRz9Rzs]: SECTION 1A2.137.1, SICK LEAVE PAYOUTS. Notwithstanding Sections 1A2.132 through 1A2.135.2 of the El Segundo Administrative Code, employees regulated by this Chapter who receive payment of sick leave hours shall have the value of the sick leave hours calculated at the base salary hourly rate. (Reso. 4918) 6/15 1' 1';1:1.1""I04 1AZ 1 8. 1'µl-ll"h11' 111;:1A11 1' XTall'Vfl11NA"1Ilf'1114S Notwith,stawac*aa, 13-9G,4o.n,.....1.A .A of-the.....k1... �:rwrc Ad r+ir� stratuv 9c1 �IM,aro-a' Yett %;.63V 4dent ac rapl y-s" &sha44863,G W&at Qty xf1ewk% : e-xa .m.a or4s, a4id....+ a .a rrarr�.era�le....:f rtk er testir� ac :u u � uwacl Wiicl�u U twa r� + 1t u a P&RiGd1GfG40W....Up....r.tGrlwKj.,,..-athe-u..raptewae4-4.a.4er....ye-W V4fhl lli..a.g....lM-ar4ag ngewR$�GeRfid6w; haI &mfa4"o-y "kri"afll {"£4*ive-exammnatNoR s, t; e f1 4 4VewRt y Co-f Commented [RR31]: kse cdete4"r Red Ity dor4G4" ar"rd of rarGted4ay the C ar"aa e+ Commented [RR32]: f wrrf:> y e, whe tuwn+efy-rra diiGall €awa rat 9r�, r ray t' aiived #Grn-the...examw4 a4GrH 9vi4FGw....he4 R, (Reso.3286) 11/84 (Reso.3446) 11/86 SECTION 1A2.139 HOLIDAYS AND HOLIDAY PAY. Except as otherwise herein specifically provided, employees shall be entitled to the following holidays: January 1st November 11th The third Monday in January Thanksgiving Day and the Friday thereafter The third Monday in February December 241n The last Monday in May December 254th July 4th December-31st251' EL140\001\12127582.v3 - 28 Page 229 of 327 The first Monday in September,- ^nm-" P-34�1 pprovided, however, (a) that such dates may be supplemented or amended by a I',.=,,IGIi,ir,lr �1177E.1;!c!Il,trt 111EAdrr1111! lI21U!VE. C()dEi Wlern,-)i 3� rckmn .c)f U rcie i sr andirq .l.+( that in the event any of these holidays fall on the last day an employee is off on the employee's regular days off _period, the day following is observed as a holiday for the purpose of this section; and (c) that in the eventany of these holidays fall on the first day of an employee's regular day off period, the previous day is considered a holiday for purpose of this section. Notwithstanding the above, this provision does not aDDly to Battalion Chiefs who receive Dav in lieu of time off for holidays. in the event aRV of+these harps (Reso.3173) 10/82 (Reso.4513) 7/07 (Reso.5197) 01/20 SECTION 1A2.139.1 PERSONAL LEAVE/FLOATING HOLIDAY. In addition to the holidays enumerated in Section 1A2.139, each employee who has completed six (6) months of.. service shall be entitled to select one (1) day per calendar year as a IG�erse+aa 4..-eavo/Floating Holiday,, w4h....th.e&UPerv4so fter-a....m4irr7usr7....e:f...LL. (7..)..4a.y.s....p4er-�tir.e- ,c,17,,,,,ern.Ir loycc,,,,,s,i7.,�..I.I.....a...I..S..p.......rec,e,iv,,,c....r.rlc....(..1....).....d,�, cr calcrldar ear as a If'crsorlal I....cavc. or this ur ose elttl to ees wl7o are assi reed to a 5/40 schedule shall receive ei 17t 8 17ours p.............p.....................,.......................1...........u..............................................................................................t....................................................................................................................................................................................................................9.................4........)..................................., elrttlpw7.2 ......a......re ....a..S......S......I..g...I.'.1....e......d...........to L9....g .....s......c.......h......e......d........u......l...e.....shall .e i,e1 l.ou.r.s...,.....a.'1d ....e..ttl.Ip...o .ee...S.......w.72 are assl sled to a 4d10 schedule shall receive 10 hours. II::::Itt1 to ees or1 other schedules will Ibe ...........................................t`.............................................................................................................................................................................................................................................................................................p.................................................................................................................................................................................... g2.Emjp c,li sated ....a, c, c o rd.!..!:1.9.1 y , In the fi,rst:.fu.V.i..j . pericd...fcl,l,owir�.g...il7c....�dr tiorl oC���e Adlttlirlustrative Code Iby file Cute Courlcul, file Cuty shall (provide elrttl o eeS al'1 addetional one 1 da o'C l-gerSonal I....eave. l7e City s17al roylde elrn 10 eeS a Secor1d 2111. ..............lp.......°d.......................................................................................................(......).................Y.................................................................................................................................................Y................................1 p....................................................1 p...........Y...........................................................................(................) da o'C IlgerSol'1a1 1....caye cac17 ear aS descri1bed (below unless and until such tune as file 2 It reco I'11l:eS Y............................................................................................................................... d.................,......................................................................................................,..........................................................................................................................................................................................Y..........................9........................... either Cesar Chavez: l..)a or Jul'1eteel'1t7 aS a ""o Ida I'1 t7e cyel'1t t7at t7e 2It reco I'11l:eS elt7er Cesar .................................................................................................................................................................................................................................................................Y...............................................................................................................................Y..........................�..................................................................... Chavez l..)a or Jul'1eteentll as a ""lollda t17e Citw11 reSclr1d the roylSlor1 o'C a Secol'1d 2nd gay of '..crsc.!:?.s.I.....Icave...for t.l.i..c...fp1,,p.!..!:1.g....c...c.i:].d..r.....Yc..r::.... 1.17e Cit wi11 credit elttl to ees with file 11='ersorlal (....cave ever Jlarluar . Newl 17ired elttl to ees 17ired Y..........................................................................I p........... d...............................................................................................................................................................................Y........................................Y................................... d.................................................. p.......... d.................................................. after the first of the ear will also receive file 11='ersorlal (....cave wl7icl7 file elttl to ee Itt1a use six 6 ............................................................................................................... d............................................................................................................................................................................................................................................................................................ p........... d...................................Y...............................................(........) tt7.cl:?.t.l .s....:Ccr...t.i .c....cl x7.p.1.c.dc..s.....i,l,�uti...I....a.Ipp p.il:?.tip 7.c.l:i. t....dpe.... (Reso.3290) 12/84 (Reso.3446) 11/86 (I ,,E.`o ) ?.... `!/" . xxx f '. SECTION 1A2.140 HOLIDAYS AND HOLIDAY PAY— BATTALION CHIEFS. Battalion Chiefs assigned to Fire Suppression Duty will be paid for 156 hours in lieu of holidays once a year on or about the 10th day of December. Battalion Chiefs who serve in that capacity less than a full EL140\001\12127582.v3 - 29 Page 230 of 327 year will be paid Holiday Pay on a pro rata basis . ...... yReso.317q 12/82 yReso.4513L SECTOM1A2,140 HKUID4YSAND HKUID4YP4Y—lC1EUEUTEN4N IS asCnOm1xu14* vxCxnOma Employees regularly employed shall accumulate vacation time in accordance with the following Accrual Emo|oveeammvaccrue uototwo (2)vears of vacation leave mttheir current annual accrual rate shall lb p..2.L!M.i ted to accrue vacation in excess of twice their annual accrual rate 'J, All other terms and conditions in Section lA2.144(l) and (2) remain in effect. Page 231 of 327 (Reso. 3173) 10/82 (Reso.3800) 4/84 yReso4582 1208 asmnOm1A2.144.1 VACATION ACCRUAL BASED OmTOTAL SERVICE TIME IN A PERS OR COMPARABLE AGENCY. employees shall accumulate vacation time based on their total years of service in a Q).lPERS or comparable agency. SECTION 1A2.1u*VACATION TIME USE. Commented Vacation Leaves may be taken only after the em months of continuous service with the City. A Qualification for Vacation Cash Out:: An eirn .1 y a f oumxneafor vacation oma» out ofthetota|mmountofwaomtion|em*ethmttheemo|oveeomnaccrue inmvemrbmsedontheir|enod eiects to cash out soirne or all of their vacation the followinq 31 Page 232 of 327 ber f . lie eirnp!2yft PL2vide the followininforimatioin as Lj 2f their election: I 1�.g....... .............................. .....................................................................................q............................................................ ............p. !..................................................... of hours of vacation leave that tl e eiry -a 1 and June 30 in the 1p !2yt2 will accrue lbetweei,i J1 i,i u r ......... ............................................................................................................................................................. 2 ....... ............. ............................................................................................. ...... ... ............ y ................................................................................................................... f 1.12yz g 2r) ytqLLqaed_gD 2 Y..cm 1. a)LL—e f � e Fli total amount of vacation leave that the eirn ... ................................................................................................................................................................................................. .2y _2f� . .... 12 2.'� 2.g.! i i J.uly .................... ......... ....... ............... ......... ..... .......... .... 2f tl e..follo inq a L y L f lie cash out airnou.nt..ry.u-.t..1 bee ual to or less than the amount accrued 2r .fD I ....... ..................... ........ . . ................................................................................................. .......... ...... ....... ....... q ..................................................................................................................................................................................................... The e i J1 in a i b � 2 2�2 ............ 1 2.2 2 �k Ly 1 a nq N.11 (2.) b.2 lg�D ng.rnlber of hours of vacation leave that j e..eiry.jp y w. accrue .1b e t�L.e.f�jn JAY 1 and Deceirnber 31 in tl e foll wh u ..... . . . ... ... .. . ... .... ... ... . ....................................................................................... 2 ......................... 2 ............... 1q g.,� L y _2g L 1b based e d g1i fli e.J.1 a.J,] i,.i .......... a accrual rate a (based ed o..n1t glie iry.2Lyice and �2 121D0 u 1 t 0f vacation leave .............................................. .... .... ............... .................. .... !...r.......................................................................................................................... itlieftr11pIr Me 2.urnulativecash-out amount rnust lbe..e ual to or less than the total amount accrued (bet` J1 a r1u a r ................................................................................................................................................................................ ....... q ... .............................................................................................................................................................................................................................................................. ............ ................ Y. C. (. lie C . t shall adirninister the cash out ic ar.i uall starti.ing in l )eceirn1ber 2023 ai.2d. ever ........................................... ........ i y ........................................................................................................................................................................ 1 f� .................. y . ....... ............. ............................................................................................. ..... ...... y .......... y l )eceirn1ber thereafter,,....] lie Cl in the first full 1p i m.�jSt fl2e cash outs : ...................................................................................................... .................... .......... ............................................................................................................. y p tLi d i i Jluly ....... ........ ............... ... j�g e c e rn lb e r ......................................................... Such cash outs shall The bald at the eirymlovee's (base salary hourly rate of l I've q t� 2.f !12f� ,�uirnlber of hours that the ern .1 Lf�.q ...11p gg �.!] 2.g.! !12� �Qjt c ).i onl cash .... ........ ............ ...... 2.2 y ................ y ............................ out vacation hours diat t e 12 n e r.1 y ! 22_2� (Reso. 3336) 11/85 (Reso.4430) 7/05 (Reso.4743) 10/11 (Reso.4789) 10/12 (Reso. 4918) 6/15 (Reso. 4951) 12/15 (I,�EW SECTION 1A2.147 VACATION TIME ACCRUAL - FOR TEMPORARY INDUSTRIAL DISABILITY. SECTION 1A2.148 BEREAVEMENT LEAVE - PERSONAL EMERGENCIES - IMMEDIATE FAMILY DEFINED. A. 43,ei:eavoir4oy�t I..-.eave-4ri fl'r�. 6-0 aWea fll-rrr-th 0 FYI ir4od�a.to famfly"..Gf tho employe-0 ..................................................................................................... ar i h e-e4rr�p4ayee's-% pause , -a�. im am af-24 hauf,"'... jpay-ma. ranted..... r iyic4oylt. A maydirrwim-of 40 with-p-ay rylay-bo �RGilde-Rt--W-11011 EL140\001\12127582.v3 -32 Page 233 of 327 #-0.e....f aale-ra41fr7err7G�rua.q....Waervice...46, 50"r mero rn+les...f Grry....Qty fia. k o.r--f3attatioarCdri ..awd....Aa n7-i+Ristrative....f' a4+Gw...c4gef—'a...r7ax +r r...aka-yW>-¢ ila daa9Wt d ftrae as....W htCte...... 44— a..y....ayay-be...gTaRted....lFe.r....41040a 4 ----------- 4ffHr4e e.:::1' ,if+I::V:::::µ: fu,!a;e rp'94&o.....a:r. it ffiedate farniW ,hall sr7'a.n-th.e.....sd+i d e;,.,....bare+ats.,...grawdiParea'rts.....and sting..-"'..et....#-0.e.....e.ay.l. e.,spoa-se.....er s_4 fusa+at-ethe.r,, I.ri the evert of tl7e death of an earn le ee's "faitt7il irneitt7lber as defined ire Section 1A2.131.1 Ibut ............................................................................2.......... Y.......................................................Y....................................................,...................................................................................................................................................................................................... excludir� tl7e "deli rated ersor� "' t17e Cit shall rovide tl7e eitt7 to ee three 3 da s aid Ibereaveinent 9................................................................................ r.......................................................................Y.............................. r.....................................................................2...........Y..............................................(........).................Y..........2..................................................................................... J,e ,v...e...a.........tvv..... d d /s....r;C...u.r].I�aid leave to Ibe used with ...j17-rcc..... 3 irnonths of the date of the death of the f ltt7.I.I..Y....ixp.c!x7,lbcr.... f::::itt7 to ees irna elect to use other forms oC aid leave that tl7e have accumulated in order to rovide for ........2.......... d......................................Y........................................................................................................................................ r.......................................................................................Y........................................................................................................................................................1................................................ their ....coirn.2c.i:].sati o!:1....Y�.�:!.!.I.e....!�.5.!.!:?.. �...tI7....f �.�...(...)...�.�..Y.S....�..r...�.i:l.r �..!.�.....I,eave.::. II::::r.r....clan.i�loycc.4....v�.:!.r.....!:?.ccd.....tr....tra.Y.cl.....47.fl7....r.r....lrnorc...irm.l..1.c4.....froirn....the ....C,i,t in order to attend services for tl7e eitt7 to ee's faitt7il itt7eitt71ber tl7e Cit shall also rovide two 2 additional da s oC aid Ibereaveinent leave r .......... d...............................................°d.............................................,.....................................Y.....................................................1 P........................................................(........).................................................................... d.....................1................................................................................................................... !!:?.....licu....o:C..fI7.e t°�.o.....(..)...d.�..Y.S....�.:C...�.!a.2�.!id.....leave .::....... (Reso. 3173) 10/82 (Reso.3860) 4/94 (Reso.4430) 7/05 (' ,,,,'')....,/"3 SECTION 1A2.149 JURY DUTY. A, The employee must provide written notice of the expected Jury Duty to his or her supervisor as soon as possible, but in no case later than 14 days before the beginning of Jury Duty. ,'"; During the first two weeks of Jury Duty, an employee shall be entitled to receive his or her regular compensation. I + For any portion of Jury Duty that extends beyond the first two weeks, such extended Jury Duty period shall be without pay. t = Any compensation for the first two weeks of Jury Duty, except Travel Reimbursement Pay, must be deposited with the Director of Human Resources. 1-,I While on Jury Duty, the employee must report to work during any portion of a day that the employee is relieved of Jury Duty for three or more consecutive hours. The employee must provide documentation of his or her daily attendance on Jury Duty. (Reso.4582) 12/08 SECTION 1A2.150 SALARIES AND BENEFITS APPLICABLE. The provisions of. this Chapter are applicable to II;;;;,xccu,tj.Y.eIV..j.d,,Management„„-arid-Confidential employees enumerated in Section 1A2.040 of this chapter. (Reso.3173) 10/82 EL 140\001\ 12127582.0 - 33 Page 234 of 327 asCnOm1x21*1 SECTION u1*uu'PRE-RETIREMENT OPTION mmDEATH BENEFIT. yReso.4582 1208 aEcnOm1x21*2 CITY OrsLasmummoSUBSTANCE ABUSE POLICY xmo_ FREE WORKPLACE STATEMENT. The City of El Segundo Substance Abuse Policy and Drug -Free Workplace Statement, dated July 1, 2008 shall be applicable to all Department Heads, Mid -Management and Confidential Employees. yReso.4582 1208 SECTION 1A2.153 PERS MEMBER CONTRIBUTION. Effective July _1_,__2019,_ the CalPERS Classic Members in the Miscellaneous Classificatio ns_in_ Executive contribution oLeightpercent L8%Lseven2ercent�7%) shall be the member contribution _and 2p�� (.L% _s ha I I beemployee-pa id _cost-s ha ring_ of the City'sco nt rib utio n under Gov. Code section 20516(a). CalPERS l:11l:::1l:11lRA New Members in the Miscellaneous Classifications in Executive !\..A.id a.-H"d Managemen :,and Confidential t!Mp..!2.y ­�G% shall a fifty rcent 50%) of normal cost f the Effectivej 1 1, 2019 CalPERS Classic Members in the Safety Classifications in Exe_cutive L\Aid a.-H'd Managemen arid -Confidenfial eirniploveesial So4os shall pay a total employee contribution of twelve paidcost-sharingof theCity'scontribution under Gov. Code section__2051 al. Confidential Series shjq�lla fLfty1jercent (50%) of normal cost f 4e_sa4a� (Reso.4741) 10/11 yReso.4743 1011 yReso.4788 1012 Page 235 of 327 (Reso. 4951) 12/15 (Reso. 4976XXXX) 04/16 06/19 Executive Management positions that are not provided a.City .vehicle .shall receive an auto allowance in the amount -of-$400_per _month. __Employees _provided _an auto allowance are ineligible for mileage_ reimbursement. MOBJEffim Sl:::C 11 (2N JA2,155 V(,R UN 1ARY :::flNI,)INGAR11311 11 RA 11 (:)NANII) 11,3(2NUS llAYIVfl:::::N 11 ==. Wd theteiinlsofflleag�eeimeint, EL 140\001\ 12127582.0 -35 Page 236 of 327 RESOLUTION NO. I urrnl :?ir FIXING THE EMPLOYER CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION 001 EL SEGUNDO MID—MANAGEMENT/CONFIDENTIAL WHEREAS, (1) City of El Segundo is a contracting agency under Government Code Section 22920 and subject to the Public Employees' Medical and Hospital Care Act (the "Act") for participation by members of El Segundo Mid- Management/Confidential; and WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency subject to Act shall fix the amount of the employer contribution by resolution; and WHEREAS, (3) Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; now, therefore be it RESOLVED, (a) That the employer contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of $932.00 per month, plus administrative fees and Contingency Reserve Fund assessments; and be it further RESOLVED, (b) City of El Segundo has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above; and be it further RESOLVED, (c) That the participation of the employees and annuitants of City of El Segundo shall be subject to determination of its status as an "agency or instrumentality of the state or political subdivision of a State" that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that City of El Segundo would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer; and be it further RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint and direct, the City Clerk to file with the Board a verified copy of this resolution, and to perform on behalf of City of El Segundo all functions required of it under the Act; and be it further RESOLVED, (e) That coverage under the Act be effective on October 1, 2023. Page 237 of 327 Adopted at a regular meeting of the El Segundo City Council at El Segundo, CA, this 151h day of August, 2023. Signed: Attest: Drew Boyles, Mayor Tracy Weaver, City Clerk Page 238 of 327 2023 08-.15 CC AGIEIN[.)A l::%1.1B1. C Cell l' i..lMCA..I... 01q ... RET fN EI:::: MC'MCAL INSURANCE C1::: CON I MBU 1 l 114 Harada, Patricia Subject: FW: August 15th CC Meeting - Agenda Item related to "Retiree Medical Insurance Contribution" From: Robert Turnbull Sent: Friday, August 4, 2023 5:18 PM To: *ALL CITY COUNCIL «Ilcouncilq els undo._o_rg> Cc: Voss, Barbara <bvoss else undo.or >; George, Darrell <d eor e else undo.or >; Hensley, Mark Subject: August 15th CC Meeting - Agenda Item related to "Retiree Medical Insurance Contribution" Hi Honorable Mayor Drew Boyles, Mayor Pro Tern Chris Pimentel and Councilmembers Pirsztuk, Giroux and Baldino, Happy Friday. I am writing you and have Cc:'d the City Manager, Deputy City Manager and longtime City Attorney Mark Hensley to bring to your attention and raise significant citizen concern and outrage about an alleged/proposed agenda item being drafted by the Office of HR Director Rebecca Redyk coming your way to be heard at the August 15th Council Meeting to modify current language of Section 1A2.108 of the El Segundo Administrative Code, entitled, "Insurance Benefits - Retiree Medical - City Contribution." Current language reads "Employees (including City Council Members) appointed to positions after July 1, 2007 who concurrently service retire from Cal PERS and the City of El Segundo after a minimum of five full-time years of service with the City of El Segundo are eligible to receive a City provided retiree medical insurance contribution. This language exists because this generous but extremely costly benefit was designed to specifically reward City of El Segundo Employees and Council Members by caring for them long after they cared and served the Citizens and Business Community of El Segundo. When this benefit was first approved by Council many years ago, they neglected to include the language "five full-time years of service with the City of El Segundo" and soon they realized, after a City of Manhattan Beach Secretary came to El Segundo for two weeks of employment and then service retired, receiving the lifetime retiree medical insurance contribution. Then it was the two-year employee, Public Works Director that received the same benefit due to his age and service retirement from CalPERS. There are probably numerous other examples that the City can research for you, to provide historical perspective, which caused a prudent and fiscally correct City Council at the time to draft a resolution and approve it to modify the language to at least make the lateral employee coming to El Segundo from some other City to work in our City full-time for a minimum of five years or like Council Members, two terms to meet the five year requirement, before receiving this costly but deserving benefit for those that have honorably served our community. Mayor and City Council, please don't be fooled and influenced by long term CalPers Employees that have come here from other cities like Newport Beach, Duarte, Santa Monica, Downey or Pomona and allow them to fool you into thinking this is an appropriate move to improve recruitment when they all have a personal stake in the matter. Recruitment and RETENTION is what you need at the highest level and changing this lower than the existing 5 years would be the worst move this council could take. Page 239 of 327 This is far from a cost saving measure for the City of El Segundo and would just cripple even more the future of the often -struggling OPEB Fund. You don't want these kind of improprieties in our local Herald, or on social media. This would not look good for the City Council of El Segundo, the City Manager, HR Director and any other short term department heads in the Management Confidential group looking to set themselves up on their way out without serving the City for at least 5 years. This could also further impact and upset the already struggling taxpayers in this community. I must admit, I have not seen the written staff report as of this email and I do look forward to seeing it if the City Manager tries to move forward with it. I can assure you though, the rumblings and information swirling around this community already about this alleged or proposed agenda item does not look good for Human Resources and City Staff. If it has reached me, a retiree that has been gone from the City for 6 years and other retirees and residents, that is not good for your business. I'm just trying to give you a heads up and one perspective of something that will go sideways if not properly examined and evaluated. I welcome all phone calls and written responses from my elected officials to discuss this in greater detail and I welcome the City Leadership to fact check what I have provided in this quick e-mail today. I would hope at the least you could respond to me and acknowledge receipt of this e-mail since I rarely get the benefit of that. Looking forward to hearing from someone interested on this topic. Respectfully, Bob Turnbull 26 Year Resident 1200 Block East Acacia Ave, El Segundo Ca 90245 310-345-0216 Page 240 of 327 GIRT411 City Council Agenda Statement ELSEGUNDO Meeting Date: August 15, 2023 Agenda Heading: Staff Presentations Item Number: D.14 TITLE: Urho Saari Swim Stadium Capital Campaign RECOMMENDATION: 1. Approve the proposed Urho Saari Swim Stadium Capital Campaign. 2. Alternatively, discuss and take other action. FISCAL IMPACT: No additional appropriation is needed in FY 23-24. The design and installation of the proposed Legacy Wall is estimated to be $20,000 from account 702-233-5101- 5418 (Trust Fund for Plunge Rehab Reserve). The revenue potential for the Urho Saari Swim Stadium Capital Campaign is $3,000,000 for account 702-233-5101-5418. BACKGROUND: In 2016, in partnership with South Bay Sports, Health and Recreation, and the City of El Segundo initiated a $6 million dollar fundraising campaign for the El Segundo Wiseburn Aquatic Center which opened in 2019. The fundraising efforts provided a variety of opportunities for businesses to donate towards the construction and ongoing programming of the Aquatic Center. DISCUSSION: In 2025, the City plans to re -open the Urho Saari Swim Stadium, also known as "The Plunge". This project has been years in the making and is expected to provide a recreational aquatics facility for the community. The Plunge will focus on providing programming for younger, less experienced swimmers, older adults, and those with physical challenges. The Plunge will feature an array of lessons, classes, and activities but will not focus on attracting competitive sporting events or activities. In this way, The Page 241 of 327 Urho Saari Swim Stadium Capital Campaign August 15, 2023 Page 2 of 3 Plunge will act as a feeder program for those that wish to build their swimming skills and athletic abilities before they transfer to the El Segundo Wiseburn Aquatic Center. It is to be noted that approximately $9M is expected to be available for the construction of "The Plunge" in FY 2024-25. In addition, El Segundo Unified School District will contribute $1 M after the completion of the project. The estimated cost of the construction is currently $12M. The staff is recommending the initiation of an Urho Saari Swimm Stadium Capital Campaign with the goal of raising $3M in additional funding for the project. Staff will work closely with local community leaders to seek donors who wish to become a part of this exciting project that will serve the community for years to come. Naming Commitments Naming Commitments will allow high-level donors to "name" a space within the facility including; East Terrace, West Terrace, Children's Pool, Children's Viewing Area, Lobby and Reception Area, and eight (8) dive blocks. Donor names will be inscribed on a bronze plaque and displayed for a fifteen -year period. The size and placement of each plaque will vary and will be determined at a later date through discussions with donors and City staff. Each naming commitment donation will be formalized in a written agreement developed in conjunction with the City Attorney's office. The cost to design and install the naming plaques will vary based on size, materials and other varying factors. Legacy Wall The Legacy Wall will feature 90 acrylic tiles inscribed with donor names, and 7 MDF (medium density fiberboard) photo plaques that will be installed with metal offsets on the West Interior Wall, facing the pool. The Department of Recreation, Parks and Library will host an annual Community Photo Contest where members of the community can submit photos of life in El Segundo to be considered for display on the Legacy Wall. A selection process for the contest winners will be developed in coordination with the Recreation and Park Commission and Aquatic Subcommittee. Selected winners will have their photos displayed for a period of one year. The rotating display of photos will keep the Legacy Wall alive and draw interest from patrons visiting the facility. Legacy Wall tiles range in price from $1,000 to $25,000 depending on the size and placement of the tile.The cost to design and install the Legacy Wall will be approximately $20,000. CITY STRATEGIC PLAN COMPLIANCE: Goal 4: Develop and Maintain Quality Infrastructure and Technology Objective 4A: El Segundo's physical infrastructure supports an inviting and safe community. Page 242 of 327 Urho Saari Swim Stadium Capital Campaign August 15, 2023 Page 3 of 3 Goal 5: Champion Economic Development and Fiscal Sustainability Objective 5A: El Segundo promotes economic growth and vitality for business and the community. Objective 5B: El Segundo approaches its work in a financially strategic and responsible way. PREPARED BY: Brandee Thornton, Sr. Admin Specialist REVIEWED BY: Aly Mancini, Recreation, Parks and Library Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Urho Saari Swim Stadium Capital Campaign (1) Page 243 of 327 Urho Saari Swim Stadium 9Nrr �' �'lk�mnill� �u;lu�hJ� �'fmm,. �'lk�mnill� ''; 'wrANrr �' �'lk�mnill� uou�„wr u, I�u p�� �'lk�mnill� �md raau�yN,, wa wa wa ; tuna f :Vruiw �,� c� I mUift ,uUV991''' CK CAI.,I iAL, CA 'A F`A I G I\1 The Urho Saari Swim Stadium ("The Plunge") The Urho Saari Swim Stadium affectionately known by the El Segundo community as "The Plunge", has a long and interesting history dating back to its construction as part of the Work Projects Administration program in 1940. The Plunge was designed by renowned architect John C Austin who also designed several landmark buildings in Los Angeles including the Griffith Observatory and Los Angeles City Hall. The visionary design included a 60 by 75-foot main pool and a wading pool measuring 20 by 48 feet, offering a range of aquatic experiences. After years of meticulous planning and construction, The Plunge celebrated its grand opening on Thursday, November 13th, 1941. Its unveiling marked a milestone in Southern California's pool scene, as it quickly earned a reputation as one of the finest facilities in the region. The pool's outstanding features contributed to its distinction, including unique architectural work that eliminated pillars, ensuring unobstructed views for visitors. In addition to this, above -pool lighting illuminated the water adding to the vibrant atmosphere inside. On the day of the grand opening, the director of the building was announced: Urho Saari, a figure of great significance in the pool's history. Urho Saari was a famed coach who led several U.S. Olympic teams and served as the AAU Water Polo Committee Chairman from 1957-1962. Urho Saari went on to coach 33 future Olympians and 17 Pan American athletes. Mr. Saari's dedication and commitment to the success worldwide aquatics athletes was recognized when the Plunge was later named after him, solidifying his place in the history of El Segundo. Page 245 of 327 CAL,I iAI_ CA 'A F`A I G I\1 Naming Opportunities Become a permanent part of the Urho Saari Swim Stadium through the following naming opportunities. " wa �� i�o " ".."� ix i IIILm� fV i m m m m Illh ��,,� � IIII �m��IIII' IIII' ace �� � �I��'��0"J' 000 The East Terrace in The Plunge offers stadium - style seating for over 200 people, providing an ideal vantage point to view pool events. With unobstructed views and comfortable seating, it is the perfect spot to immerse yourself in the excitement of aquatics. 1YI est IIII &II,,'IIII,,'a c e $350"J'000 The West Terrace Area in The Plunge features an open space, allowing for flexible customization of the layout. It is the perfect space for workouts, parties, or classes, providing a versatile environment that can be tailored to various activities and gatherings. It also overlooks the pool providing for an excellent view of activities taking place. "rci�, uu Al � imu IIII" � m m m m s IIII°" � $ ���� 0,�,j,, 000 The Children's Pool at The Plunge is ideal for swim lessons, water aerobics, and rehabilitation. With a higher water temperature, it ensures comfort for all participants. This versatile pool creates a welcoming environment for various activities that promote learning, fitness, and recovery. Page 247 of 327 CAL,I iAI_ CA 'A F`A I G I\1 Naming Opportunities (Continued Become a permanent part of the Urho Saari Swim Stadium through the following naming opportunities. �0id 000 ,,��iiii�����n� �x � ,���„ The lobby of The Plunge serves as the central access point, seamlessly connecting visitors to the pool deck, locker rooms, and viewing areas. It acts as a gateway, ensuring a smooth transition from arrival to the various amenities and experiences within the facility. N��,��; IIII°�� m iiii IIII ° iiii�� ��m IIII°gymAlS ���',,I od I I' IIIbvv iiii IIII°gyq ,,�,�'� i ,,'ea $°, ' 50"J" 000 The Children's Pool viewing area will be a place for parents and caregivers to gather while watching their little ones learn to swim. Swim lessons at the facility attract XX youth per year which makes the Children's Pool Viewing area a hub of activity. uu,% , n� n� n� n n i� Illl���;w liii ��� nm llll�,�IIII � �, IIIh $ IIII O,,,�,00� IIII��,,,, , ,-Illh��m ( ) Watching swimmers jump from the dive blocks at the start of races is a moment of exhilaration! Each dive block provides an opportunity for your business to be memorialized as a dedicated partner to our robust aquatic programs. Dive in! Page 248 of 327 (AI.,I iAL, ("A 'A F`A I G I\1 Naming Opportunity Commitments Space Gift Amount East Terrace $350,000 West Terrace $350,000 Children's Pool $350,000 Lobby and Reception Area $350,000 Children's Pool Viewing Area $250,00 Dive Blocks (8) $100,000 Page 249 of 327 (,'AI.,I iAL, (",'A 'A ["A I G I\1 LEGACY WALL 0 LCY PARTNER ., AorocATP El LEGACYPARTINEIPo •�,. `" �odi� FILE.�IC,LASS FLEkI ,p,mvr,[ATEPLEXIG LA55 ATE � 0 ,�. . . CHAMPION AEV4l cn, ] PA6iiNIER 0 GP PARTNER 0CHAPU�PICJJ 0 n E zrvo�zTE „��,, IP'Anrr�ER � U_E�ACY WARTN ER CHAMPION FPExII 0 � 0 � 0 0 � nnEE P E«I �PExi�La AGN�CATE RII NI.1 PARTNER EE H AGPGCATE ❑ PLIEXI ❑ ❑ 1.""hM"1/ 'I..HAiY4PI1.f l`M IfY N11 L SJHI_ I FARTINEmt �.i�l. ❑ ixnie'� PLEkIGILA.55 AEi4r4=ATE�❑n" IFARTNEIR AD44C ATg FLEXI hAIGF FLEMI � �.E'caiiCx ruG„�:, H CHAMPIONAE�votEATEa ^. ., PLEA; I'.,G'�A55 =o ,. 0 FAifiNIER 7w1E1F 0 iarNi:� ,AGh�DCATE. The Urho Saari Legacy Wall offers a unique opportunity to support the future of the swim stadium while also recognizing, celebrating or commemorating an important person or persons in your life or in your community. The Legacy Wall will feature a rotating display of community photos submitted by El Segundo residents annually. Each year the photos will be refershed keeping the Legacy Wall alive with glimpses of life in El Segundo. Each legacy tile will become a permanent part of this beloved community facility that will serve the community for years to come. Start your legacy today! (AI.,I iAL, ("A 'A ["A I G N Legacy Wall Gift Levels LEVEL SIZE GIFT AMOUNT Champion 20.5" x 15.5" $25,000 Legacy 15.5" x 12.5" $15,000 Partner 8" x 11" $10,000 Advocate 10" x 6.5" $5,000 Friend 5° x 5.5" $1000 Page 251 of 327 CA F` I T A L, CA 'A F`A I G I\1 Take A Look At The New Plunge CAL,I iAI_ CA `A F`A I G N The value of a public swim facility in today's day and age has grown exponentially from the days when people went to pools to simply recreate. Public swim facilities and stadiums now serve the public in a variety of ways such as facilitating sports and competition, adaptive programs, private and commercial events, and swim lessons for youth, acting as gateways for critical youth and family services. A Place for Health & Wellness The Plunge offers a range of benefits to its community. Firstly, it serves as a place for people to learn to swim, providing a safe and supportive environment for beginners to develop essential swimming skills under the guidance of certified instructors. Furthermore, The Plunge serves as a valuable facility for rehabilitation. The buoyancy of water reduces stress on joints and muscles, making it an excellent therapeutic medium for individuals recovering from injuries or managing chronic conditions. A Place for All Abilities rexercise ge offers a wide range of aquatic experiences, making it a highly space for visitors. From a small pool with warm water and shallow erfect for beginners or therapeutic purposes, to a larger pool with temperature water, 13 feet of depth at its deepest point, and a ard, the facility caters to the needs of diverse swimmers. Whether learning, relaxation, exercise, or adrenaline -pumping activities, ge has it all. A Place to Build Skills The Plunge acts as a feeder facility for the community's other pool, providing a stepping stone for swimmers looking to enhance their skills and transition to more advanced training. This seamless progression supports individuals in refining their techniques and improving their performance at all ages and stages of life. Page 253 of 327 For inquiries, contact us. ( " ( If R e c "e a � i �� �� , ,, -1 d) .- i II") "a "y Ny Vlariclirii, )d�r'eclt ) ) I ), ,ire, - a �, (s a )l. 9 e sep,uncjk 310,1'52ZI 2 Ali, �' A fly 11, W VIVII, It wr El Seg un,d(D II III GIRT411 City Council Agenda Statement ELSEGUNDO Meeting Date: August 15, 2023 Agenda Heading: Staff Presentations Item Number: D.15 TITLE: Consideration of Two Acre Land Dedication Offer by CDC Mar East Campus 1 LLC to City RECOMMENDATION: Discuss the nature and extent of the easement, restrictions, and other burdens affecting the subject property and consider whether to direct the City Attorney to prepare the documentation necessary to accept the offer of dedication or have staff continue to investigate the various deed restrictions and environmental conditions affecting the site. 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: If the City rejects the two acre dedication of land, there is no fiscal impact. Unknown costs include potential environmental remediation efforts, absorbing the property into the City's capital asset management, future development and site improvements, and ongoing property maintenance and servicing. Additionally, should the City take ownership of the property it could become liable for hazardous soils conditions, including possible cleanup and associated damages. Should City Council direct staff to pursue acceptance of the parcel(s), staff will further study annual costs for environmental abatement and general maintenance costs. Specifically, additional and initial soil and soil vapor tests may cost between $10,000 and $20,000. Depending on the results of those tests and depending on the city's intended use of the site (e.g., whether there be any structures developed, utilities installed, grading, etc.), additional testing and assessments could be required. Depending on the findings, an additional $50,000 or more may be required to obtain information and data necessary to secure closure from the California Department of Toxic Substance Control ("DTSC"). Page 255 of 327 Two Acre Land Dedication Offer by CDC Mar LLC to City August 15, 2023 Page 2 of 8 BACKGROUND: On December 7, 2021, the City Council held a public hearing to consider CDC-Mar's proposed development of Phase II of the El Segundo South Campus Specific Plan ("ESSCSP") with a new corporate office headquarters and training facility for the Los Angeles Chargers, along with the demolition and reconstruction of a storage/warehouse building by Raytheon (the "Project"). The proposed Project included an amendment to the 2016 Development Agreement, delaying a contractual requirement that 7.54 acres of land within the Specific Plan area be used for open space and recreational purposes, either through an irrevocable offer to dedicate the land to the City or by providing employees within the Specific Plan area permanent access to the recreational area. During the hearing, the Council expressed concern that the proposed amendment further prolonged the dedication of recreation/open space originally required when the specific plan was approved in 2016. In exchange for the City's agreement to the amendment, CDC -Mar agreed to contribute $3 million towards The Plunge Saari Swim Stadium Pool Rehabilitation project and Raytheon agreed to modify the ESSCSP to allow additional use of the existing Raytheon park and to extend the hours available to the City and the community for limited practice use on weekdays and for practice and competitive play on weekends. CDC -Mar also agreed to offer (which offer was made on December 7, 2021 — the initial Council public hearing on the item) the subject, approximately two -acre open space parcel south of El Segundo Boulevard and along the eastern property line of the ESSCSP area. With those changes, the Project was ultimately approved on December 21, 2021. DISCUSSION: The offered parcel is approximately 1,760 feet in length (north to south) and ranges between 30 feet to 160 feet in width. It is, for the most part, located directly under a portion of the north -south segment of the Green Line between El Segundo Boulevard and Rosecrans Avenue. (See Attachment 1 [Location Maps].) The City commissioned a preliminary title report in February 2023 which revealed numerous easements, conditions, covenants, and restrictions affecting the use of the parcel. The preliminary title report is included in Attachment 2. In addition to the restrictions indicated in the title report, there are documented environmental issues in the immediate area that may warrant further investigation. Staff has significant concerns about the viability of utilizing the site for recreational purposes given its odd shape and based upon the various easement restrictions, covenants conditions and restrictions', and potential soils contamination issues, and is seeking direction from Council as to whether it wants staff to continue to pursue the potential acceptance of this property. Summary of Easements Affecting the Subject Property Below is a summary of the various easements listed in Schedule B (Exceptions to Coverage) of the preliminary title report. The area affected by each of the easements is Page 256 of 327 Two Acre Land Dedication Offer by CDC Mar LLC to City August 15, 2023 Page 3 of 8 plotted on the easement exhibit provided in Attachment 3. These easements could make it difficult or impracticable for the City to use the property for any recreation or open space use. [PTR Exception No. 3.] Chevron (Grantor) to Hagee-Lewis Petroleum (Grantee). A 45-foot-wide easement giving Grantee the right to lay, construct, reconstruct, replace, etc., pipe lines and appurtenances for the transportation of oil and gas and for underground wires, cables, and conduit. The underground lines must be at least 24 inches deep. Grantee is also given the right to trim trees overhanging when deemed necessary. Grantor's successors (City, if the dedication is accepted) may not construct or maintain the whole or any part of any structure on the strip of land or in any manner impair or interfere with the rights granted by the easement. This easement covers the vast majority of the parcel. [PTR Exception No. 8.] Hughes Aircraft Company (Grantor/owner) to City of El Segundo. A 70-foot-wide non-exclusive easement for the operation, inspection, maintenance, repair and reconstruction of a below surface grade, buried waterline. Grantor retained the right to use the easement area for any purpose that does not unreasonably interfere with the easement, including, without limitation, landscaping and/or paved parking, roadway or street purposes, underground or overground utilities. This easement covers virtually the entire parcel. It is not clear whether these retained rights would pass with, and be effectively extinguished by, the transfer of the parcel to the City or if they would continue to benefit some adjacent parcel previously owned by Hughes Aircraft (Grantor). If the city is wary of the reserved rights to use of the surface of the parcel for parking, streets, etc., it can request that CDC -Mar take steps necessary, if any, to have those retained rights terminated. [PTR Exception No. 9.] Hughes Aircraft Company (Grantor) to Pacific Telephone and Telegraph (Grantee). Same 70-foot-wide non-exclusive easement area as Exception No. 8, but for the right to construct and maintain underground communications facilities and above ground markers, pedestals, equipment cabinets, etc. Grantor retained the right to use the easement area for any purpose that does not unreasonably interfere with the easement, including, without limitation, landscaping and/or paved parking, roadway or street purposes, underground or overground utilities. Again, if the City is wary of the reserved rights to use of the surface of the parcel for parking, streets, etc., it can request that CDC -Mar take steps necessary, if any, to have those retained rights quitclaimed back. Page 257 of 327 Two Acre Land Dedication Offer by CDC Mar LLC to City August 15, 2023 Page 4 of 8 [PTR Exception No. 11.] Hughes Aircraft Company (Grantor) to City of El Segundo. Same 70-foot-wide non-exclusive easement area as Exception Nos. 8 and 9, but for the operation, maintenance, and repair of underground storm drains. Grantor retained the right to use the easement area for any purpose that does not unreasonably interfere with the easement, including, without limitation, landscaping and/or paved parking, roadway or street purposes, underground or overground utilities. Again, if the City is wary of the reserved rights to use of the surface of the parcel for parking, streets, etc., it can request that CDC -Mar take steps necessary, if any, to have those retained rights quitclaimed back. [PTR Exception No. 13.] Hughes Aircraft Company (Grantor) to Los Angeles County Flood Control District (Grantee). Same 70-foot-wide non-exclusive easement area as Exception Nos. 8, 9, and 11, but for the construction, reconstruction, operation, maintenance and repair of underground waterline. Grantor retained the right to use the easement area for any purpose that does not unreasonably interfere with the easement, including, without limitation, landscaping and/or paved parking, roadway or street purposes, underground or overground utilities. If Grantee fails to use the waterline for a continuous period of one year, then the easement may be terminated at Grantor's option upon written notice. Again, if the city is wary of the reserved rights to use of the surface of the parcel for parking, streets, etc., it can request that CDC -Mar take steps necessary, if any, to have those retained rights quitclaimed back. [PTR Exception No. 15.] Raytheon (Grantor) to Los Angeles County Metropolitan Transportation Authority (Grantee). Two separate conveyances. The first ("Parcel 2") is an ingress and egress easement allowing access to the MTA area off El Segundo Boulevard. The second ("Parcel 3") is a limitation on air rights that affects the area where the MTA line is constructed. The upper and lower limits of the air rights restriction vary along the way, but is generally between 106 and 165 feet in elevation. • [PTR Exception No. 21.] Raytheon (Grantor) to CDC MAR RETAIL I LLC (Grantee). A 20-foot-wide non-exclusive perpetual easement appurtenant to CDC's commercial parcels, for the purpose of constructing, installing, operating, maintaining, etc. sewer lines. The easement area comes off El Segundo Boulevard and affects the northern portion of the parcel. Page 258 of 327 Two Acre Land Dedication Offer by CDC Mar LLC to City August 15, 2023 Page 5 of 8 • [PTR Exception No. 30.] An easement from CDC MAR to Raytheon giving Raytheon an access easement over those portions of the property a may be reasonably required for vehicular and pedestrian access to storage buildings and an identified "target area," both of which are just south of the southerly boundary of the subject parcel. [PTR Exception No. 31.] An access easement agreement giving Raytheon the right to access the property for purposes of conducting any activities necessary (including testing, excavating, boring, etc.) for Raytheon to fulfill its obligations to DTSC or any other governmental authority in connection with the completion of a Corrective Action Consent Agreement dated June 22, 2011. These access rights may have been terminated by virtue of a DTSC letter dated February 20, 2020 removing the subject parcel(s) from the RCRA Facility Permit in place due to suspected contamination. In any event, the access rights terminate as of November 5, 2023 (November 5, 2032 as it related to groundwater contamination). Summary of Conditions, Covenants, and Retained Rights Below is a summary of various conditions, covenants and retained rights that are included among the exceptions from coverage listed in Schedule B of the preliminary title report. Instrument No. 78-1317577 (PTR Exception No. 5) is a grant deed from Chevron to Hughes Aircraft from November 28, 1978, where Chevron reserved oil and gas rights, including the right to drill. Instrument No. 17-489957 (CC&Rs; PTR Exception No. 19), as amended by Instrument No. 20-378566 (First Amendment) and Instrument No. 20-378567 (Second Amendment). These CC&Rs initially contained a number of restrictions on the subject property. However, the subsequent amendments specifically removed nearly all restrictions from the subject property. Relevant restrictions that appear to remain include: (i) The subject parcel, part of what the CC&R amendments refer to as the "Northeast Parcels", are no longer required to pay a proportionate share of common area expenses, except for those relating to "Park Areas," as defined; (ii) Development on the parcels is now exclusively governed by any applicable special land use restrictions (no residential, marijuana, auto/gas, cell or TV transmissions, warehousing, light industrial, hazardous Page 259 of 327 Two Acre Land Dedication Offer by CDC Mar LLC to City August 15, 2023 Page 6 of 8 materials, helipads, laser/optical targets, video arcades, or radar towers). Instrument No. 17-489958 (PTR Exception No. 20). Declaration of Special Land Use Restrictions. No further subdivision of the land is permitted. No development unless in full compliance with the Project Area Entitlements (Specific Plan SP11-01, etc.) Instrument No. 21-545514 (PTR Exception No. 19). Declaration of Special Land Use Restrictions. Limited to uses allowable under the Specific Plan. No further subdivisions. Develop only with Specific Facilities contemplated by the document unless Declarant agrees otherwise. Instrument Nos. 19-1466051 and 22-285149 (PTR Exception No. 24) and Instrument Nos. 21-545514 and 22-285150 (PTR Exception No. 28). Similar to other declarations of special land use restrictions. Instrument No. 20-1306546 (PTR Exception No. 26). Land Use Covenant and Agreement between Raytheon (prior owner) and DTSC that restricts uses on the property as a consequence of permitted hazardous waste facility on or near the site that was removed in 2017 and closed under DTSC supervision in September 2018. The Covenant indicates that subsurface investigations at the property identified chlorinated solvents (TCE and PCE) in the soil and groundwater. In addition, arsenic levels exceeding local standards were detected in the soil. The Covenant prohibits use of the property for any type of residences, hospitals, schools, or day care centers. In addition, no activities that will disturb the soil at one foot below grade are allowed without a soil management plan approved by DTSC. Any soil disturbance must be managed in accordance with applicable state and federal law. The Covenant also requires the property owner to submit annual compliance reports to DTSC along with more comprehensive reports every five years. Instrument No. 21-545155 (PTR Exception No. 29). Grant deed from Raytheon to CDC Mar that prohibits the property from being used for consumptive agricultural use, residential use, day car use, hospital use, or aggregate or critical care use or educational use that includes dormitories of overnight stays. Page 260 of 327 Two Acre Land Dedication Offer by CDC Mar LLC to City August 15, 2023 Page 7 of 8 Instrument No. 21-545520 (PTR Exception No. 33). Deed of trust securing a $50,000,000 note. Environmental Issues CDC -Mar provided the city with a summary of the environmental issues affecting the proposed dedicated property. (See Attachment 4.) According to that summary, the Raytheon property was developed with a series of oil wells and associated holding ponds and aboveground storage tanks from the late 1930s until the 1970s. Between June 1995 and late 2020, Hughes and Raytheon maintained a Resources Conservation and Recovery Act Hazardous Waste Facility Permit ("RCRA Permit") issued by DTSC. According to CDC-Mar's information, the dedication property appears to have been used primarily as a landscaped boundary to the overall Raytheon property, with some limited surface parking. Consequently, CDC -Mar requested that DTSC remove the parcels that comprise the dedication property from the RCRA Permit. In February 2020, DTSC obliged and issued a letter removing the dedication property from the RCRA Permit. DTSC concluded that there is "no evidence of a release, storage, treatment, or disposal of hazardous waste or constituents" at the dedication property. However, DTSC went on to note that its approval of the permit modification is contingent on the understanding that the subject property will remain restricted to commercial/industrial land uses only, consistent with the above -mentioned Land Use Covenant (PTR Exception No. 26). In addition, DTSC explained, "if previously unidentified contamination at the facility is discovered, additional investigation and remediation may be required. DTSC reserves the right to take or require action at [the site] if new or different information becomes known or available." (See February 20, 2020, correspondence from DTSC, attached to Attachment 4.) When CDC -Mar acquired the property, it performed several environmental sampling activities, including the removal and replacement of a significant quantity of topsoil that contained unacceptable levels of arsenic. In late 2022, soil borings were conducted in the vicinity of the dedication property to analyze the presence of various organic and inorganic compounds. The investigation detected a total of 16 volatile organic compounds ("VOCs") as well as gasoline range organics ("GRO"). GRO was detected as a concentration of 356,000 micrograms per cubic meter in a boring conducted at the boundary line of the dedication property. According to CDC-Mar's summary, that concentration does not exceed regulatory standards if the dedicated property were to be used for a park or other open space type of use. However, different standards apply for commercial/industrial uses, which could be precluded without further investigation and, possibly, remediation. CDC-Mar's summary advises the City to conduct its own, independent due diligence to evaluate the potential for environmental impacts associated with the property dedicated. Page 261 of 327 Two Acre Land Dedication Offer by CDC Mar LLC to City August 15, 2023 Page 8 of 8 The City Attorney's office consulted informally with a senior engineer at SCS Engineers, an environmental engineering firm with significant experience in El Segundo, to get an idea of what type of due diligence would be recommended prior to acquiring the site. The engineer suggested that both soil and soil vapor tests would be appropriate and estimated the costs of such at between $10,000 and $20,000. Depending on the results of those tests and depending on the City's intended use of the site (e.g., whether there be any structures developed, utilities installed, grading, etc.), additional testing and assessments could be required. The engineer speculated that it could cost $50,000 or more to get the information and data necessary to obtain closure from DTSC. CITY STRATEGIC PLAN COMPLIANCE: Goal 4: Develop and Maintain Quality Infrastructure and Technology Objective 4A: El Segundo's physical infrastructure supports an inviting and safe community. Goal 5: Champion Economic Development and Fiscal Sustainability Objective 513: El Segundo approaches its work in a financially strategic and responsible way. Michael Allen, AICP, Development Services Director REVIEWED BY: Michael Allen, AICP, Development Services Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Proposed 2 Acre Land Dedication Map 2. Preliminary Title Report 3. Easements Exhibit 4. Environmental Summary and DTSC Letter 5. Draft Offer to Dedicate Land Page 262 of 327 r- cN M 4- 0 M (0 +; N PROVIDENTOOMPANY 300 PACIFIC COAST HIGHWAY, #1075 EL SEGUNDO, CA 90245 PHONE NO. (800) 794-8094 HLG HENSLEY LAW GROUP 2600 W. OLIVE AVENUE, SUITE 500 BURBANK, CA 91505 ATTN: GREGG KOVACEVICH YOUR REFERENCE NO: 4138-032-024,023 & 022 TITLE OFFICER: STEVE POSS/ JULIE SCHAAL E-MAIL: TITLEUNIT10@PROVIDENTTITLE.COM ORDER NO.: 10526042 PROPERTY ADDRESS: VACANT LAND 4138-032-024, 023 AND 022 LOS ANGELES, CALIFORNIA PRELIMINARY REPORT DATED AS OF FEBRUARY 16, 2023 AT 7:30 A.M. PROVIDENT TITLE COMPANY, HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED AS OF THE DATE HEREOF, A DOMA TITLE INSURANCE, INC. POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN SCHEDULE B ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN SCHEDULE B OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. STEVE POSS/ JULIE SCHAAL TITLE OFFICER Page 264 of 327 ORDER NO.: 10526042 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY (1990) ISSUED BY PROVIDENT TITLE COMPANY AS AGENT FOR: DOMA TITLE INSURANCE, INC. SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: CDC MAR EAST CAMPUS 2 LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 3. THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 22, 23 AND 24 OF TRACT NO. 71551, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1418 PAGE(S) 45 THROUGH 55 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPT THEREFROM, ALL OIL, GAS AND OTHER HYDROCARBONS, GEOTHERMAL RESOURCES AS DEFINED IN SECTION 6903 OF THE CALIFORNIA PUBLIC RESOURCES CODE AND ALL OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR THAT MAY BE PRODUCED FROM THE PROPERTY BELOW A DEPTH OF FIVE HUNDRED (500) FEET, AS RESERVED BY DEED EXECUTED BY CHEVRON U.S.A. INC., A CORPORATION, RECORDED ON NOVEMBER 28, 1978 AS INSTRUMENT NO. 78-1317577, OF OFFICIAL RECORDS, WHICH ALSO RECITES, "PROVIDED, HOWEVER, THAT ALL RIGHTS AND INTEREST IN THE SURFACE OF THE PROPERTY AND THE LAND MASS OF THE PROPERTY TO A DEPTH OF FIVE HUNDRED (500) FEET ARE HEREBY CONVEYED TO GRANTEE, NO RIGHT OF INTEREST OF ANY KIND THEREIN, EXPRESS OR IMPLIED, BEING OR RESERVED TO GRANTOR EXCEPT AS HEREINAFTER EXPRESSLY SET FORTH." ASSESSOR'S PARCEL NUMBER: 4138-032-022, 023 AND 024 PAGE 2 Page 265 of 327 ORDER NO.: 10526042 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2023-2024, WHICH ARE A LIEN NOT YET PAYABLE. B. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2022-2023 1ST INSTALLMENT: $ 2,163.3 PAID 2ND INSTALLMENT: $ 2,163.37 OPEN PENALTY: $ 226.33 CODE NO.: 09888 TAX PARCEL NO.: 4138-032-022 SAID MATTER AFFECTS: LOT 22 C. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2022-2023 1ST INSTALLMENT: $ 2,97502 PAID 2ND INSTALLMENT: $ 2,975.01 OPEN PENALTY: $ 307.50 CODE NO.: 09888 TAX PARCEL NO.: 4138-032-023 SAID MATTER AFFECTS: LOT 23 D. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2022-2023 1ST INSTALLMENT: $ 16,912.23 PAID 2ND INSTALLMENT: $ 16,912.22 OPEN PENALTY: $ 1,701.22 CODE NO.: 09888 TAX PARCEL NO.: 4138-032-024 SAID MATTER AFFECTS: LOT 24 E. SUPPLEMENTAL ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE CALIFORNIA REVENUE AND TAXATION CODE AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A. SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4, RESPECTIVELY, OF THE CALIFORNIA REVENUE AND TAXATION CODE AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICTS AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS. PAGE 3 Page 266 of 327 ORDER NO.: 10526042 NOTE: THE MAP ATTACHED HERETO IS NEITHER A PLAT NOR A SURVEY, IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREIN. 1. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. 2. ANY AND ALL OFFERS OF DEDICATION, CONDITIONS, RESTRICTIONS, EASEMENTS, FENCE LINE/BOUNDARY DISCREPANCIES, NOTES AND/OR PROVISIONS SHOWN OR DISCLOSED BY "III°Illfii:! Ilf::'llllll,,,,,li:::: l) 011f IIf III....! , 011f lll; llfiii!Ilf III AI::1 REFERRED TO IN THE LEGAL DESCRIPTION. 3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: PIPELINES, UNDERGROUND WIRES, CABLES AND CONDUITS AFFECTS: A PORTION OF SAID LAND RECORDED: 0 , "' 011f; llf;;;lllf 26 1979 AS IIIII'�S"'ri:zUIII IIf;;;;ll'�"'r II'�O„ "7 1193524 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,�N,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,......................... 4. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT OMITTING ANY COVENANT, CONDITION AND RESTRICTION, IF ANY, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT, CONDITION OR RESTRICTION (A) IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS' AS SET FORTH IN THE DOCUMENT RECORDED: IOVllfiii!Illlfillfiii!Ilf 29 19'79 AS ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,x,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,............................ IINS°' IIf UIU IIf;;;;ll °'r INO„ '79 13175707 NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID. ANY PERSON HOLDING AN INTEREST IN THIS PROPERTY MAY REQUEST THAT THE COUNTY RECORDER REMOVE THE RESTRICTIVE LANGUAGE PURSUANT TO SUBDIVISION (C) OF SECTION 12956.1 OF THE GOVERNMENT CODE. SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. 5. THE RESERVATION IN THE DEED LAST ABOVE MENTIONED, AS FOLLOWS: ALSO EXCEPTING AND RESERVING TO GRANTOR, ITS SUCCESSORS AND ASSIGNS, THE SOLE AND EXCLUSIVE RIGHT FROM TIME TO TIME TO DRILL AND MAINTAIN WELLS OR OTHER WORKS INTO OR THROUGH THE PROPERTY BELOW A DEPTH OF FIVE HUNDRED (500) FEET AND TO PRODUCE, INJECT, STORE AND REMOVE FROM OR THROUGH SUCH WELLS OR WORKS, OIL, GAS AND OTHER SUBSTANCES OF WHATEVER NATURE, INCLUDING THE RIGHT TO PERFORM ANY AND ALL OPERATIONS DEEMED BY GRANTOR OR CONVENIENT FOR THE EXERCISE F SUCH RIGHTS; PROVIDED, HOWEVER, THAT, IN THE EXERCISE OF SUCH RIGHTS, GRANTOR SHALL NOT PERFORM ANY OPERATION THAT CAUSES AN ADVERSE EFFECT TO THE LANDS MASS OF THE PROPERTY ABOVE A DEPTH OF FIVE HUNDRED (500) FEET OR TO ANY IMPROVEMENTS AND/OR PERSONAL PROPERTY LOCATED ON OR UNDER THE SURFACE OF THE PROPERTY TO A DEPTH OF FIVE HUNDRED (500) FEET. PAGE 4 Page 267 of 327 ORDER NO.: 10526042 6. AN EASEMENT AS RESERVED IN SAID ABOVE MENTIONED DEED, AS FOLLOWS: A PERPETUAL EASEMENT TO DISCHARGED NOISE, LIGHT, HEAT AND GASEOUS AND PARTICULATE MATTER UPON AN DOVER THE PROPERTY, AND TO CAUSE REASONABLE VIBRATIONS OF THE PROPERTY, ORIGINATING FROM GRANTOR'S REFINERY AND RELATED BUSINESSES AND FACILITIES LOCATED ON REAL PROPERTY NOW OR HEREAFTER OWNED BY GRANTOR IN SECTIONS 13 AND 14, TOWNSHIP 3 NORTH, RANGE 15 WEST, (HEREIN CALLED "GRANTOR'S OTHER LANDS"), INCLUDING, WITHOUT LIMITATION, ALL THE REAL PROPERTY PARTICULARLY DESCRIBED IN EXHIBIT II ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE, AS SUCH BUSINESSES AND FACILITIES ARE CONDUCTED, MAINTAINED, REPAIR, REPLACE, RENEWED, ADDED TO, AND OTHERWISE OPERATED FROM TIME TO TIME; PROVIDED, HOWEVER, THAT ANY SUCH DISCHARGED OR VIBRATION SHALL NOT EXCEED THE LIMITS PERMITTED BY APPLICABLE LAWS AND REGULATIONS, AS THE SAME BE FROM TIME TO TIME AMENDED, EXCEPTING INFREQUENT INCIDENTS OF EXCESSIVE DISCHARGE OR VIBRATIONS THAT MAY OCCUR FROM TIME TO TIME IN THE COURSE OF OPERATING SUCH BUSINESSES AND FACILITIES AND WITHOUT REGARD TO THE CAUSE THEREOF. IN CONNECTION WITH AND WITHOUT LIMITING THE SCOPE OF THE FOREGOING EASEMENTS, BY ITS ACCEPTANCE AND RECORDATION OF THIS DEED, GRANTEE AGREES THAT, NOTWITHSTANDING ANY USE TO WHICH PROPERTY MAY HEREAFTER BE, OR BE INTENDED TO BE, BUT, GRANTOR SHALL HAVE THE RIGHT TO USE ALL OR ANY PART OF GRANTOR'S OTHER LANDS, AND, EXCEPT AS EXPRESSLY LIMITED BY THE COVENANT OF GRANTOR SET FORTH HEREIN, ALL OR ANY PART OF THE REAL PROPERTY DESCRIBED IN EXHIBIT III ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (HEREIN CALLED THE "NEIGHBORING PARCEL"), FOR: I) THE STORAGE OF PETROLEUM PRODUCTS, INCLUDING, IN PARTICULARS, THE STORAGE OF LIQUID PETROLEUM GAS IN UNDERGROUND RESERVOIRS; AND II) ANY OTHER PURPOSE WHATSOEVER IN CONNECTION WITH THE EXPLORATION, PRODUCTION, REFINING AND/OR TRANSPORTATION OF OIL, GAS AND OTHER MINERALS, INCLUDING THE RIGHT TO CONDUCT ALL METHODS DISCOVERY AND REMOVAL OF SUCH MINERALS, DRILL WELLS, INCLUDING SLANT DRILLING INTO OTHER PROPERTY, AND OT ERECT AND CONSTRUCT ALL TYPES OF OIL AND GAS WELLS AND FOR THE PRODUCTION OR RECOVERY OF OIL, GAS AND OTHER MINERALS THEREFROM OR THEREBY. BY ITS ACCEPTANCE AND RECORDATION OF THIS DEED, GRANTEE ALSO AGREES AND COVENANTS, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, THAT IT SHALL FOREVER OLD THE PROPERTY UPON AND SUBJECT TO SAID EASEMENT AND HEREBY WAIVES, RELEASES, ACQUITS AND FOREVER DISCHARGES GRANTOR OF ANY AND FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, RIGHTS, DAMAGES, COSTS, EXPENSES OR COMPENSATION WHATSOEVER, DIRECT OR FUTURE ON ACCOUNT OF OR IN ANY WAY GROWING OUT OF OR CONNECTED WITH GRANTOR'S USE OF GRANTOR'S OTHER LANDS AND/OR THE NEIGHBORING PARCELS, AS DESCRIBED IN THE FOREGOING EASEMENT. THE FOREGOING COVENANT AND WAIVER OF GRANTOR SHALL RUN WITH THE LAND, AND THE BURDENS THEREOF SHALL BE BINDING UPON GRANTEE, ITS SUCCESSORS AND ASSIGNS, WITH RESPECT TO EACH AND EVERY PART OF THE PROPERTY, FOR THE BENEFIT OF GRANTOR'S OTHER LANDS AND THE NEIGHBORING PARCEL AND EACH AND EVERY PART THEREOF. SAID COVENANT AND WAIVER SHALL INSURE TO THE BENEFIT OF AND BE ENFORCEABLE BY GRANTORS, ITS SUCCESSORS AND ASSIGNS, WITH RESPECT TO EACH AND EVERY PART OF GRANTOR'S OTHER LANDS AND THE NEIGHBORING PARCEL. PAGE 5 Page 268 of 327 ORDER NO.: 10526042 7. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT OMITTING ANY COVENANT, CONDITION AND RESTRICTION, IF ANY, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT, CONDITION OR RESTRICTION (A) IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS' AS SET FORTH IN THE DOCUMENT RECORDED: II Q.YI11;IU IIf lll;;;;;llf 28 �9..'.7. ........... . IINS°' IIf UII IIf;;;;ll °'r INO„ '78 131'75'79 NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID. ANY PERSON HOLDING AN INTEREST IN THIS PROPERTY MAY REQUEST THAT THE COUNTY RECORDER REMOVE THE RESTRICTIVE LANGUAGE PURSUANT TO SUBDIVISION (C) OF SECTION 12956.1 OF THE GOVERNMENT CODE. SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "AGREEMENT WAS MODIFIED BY AN AMENDMENT TO STREET EASEMENT AGREEMENT" RECORDED: MAY �(,,,, ,1,,,x,,,,,,1,,, „�, ,,,,, ,,,,,IIIII�!, ,,,,� IIf�;,,U�,,,III „Il::::ll ,, r,,,,1 ,�;;�,,,,,,,,,, ,,,,,, , 231,,, REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "DESIGNATION OF EASEMENT PARCEL" RECORDED: I OVIIf;;;;lU llf; llf;;;;llf 18 1981 AS IIIII'�S"'ri:zUIU IIf;;;;ll'�"'r NO, 81 1140869 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,H,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.... ,,....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,............................... REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS 8. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: A BELOW SURFACE GRADE BURIED WATERLINE AFFECTS: A PORTION OF SAID LAND RECORDED: Jul ,,,,,�(,, ,5 197 AS IIIII'�S°'rIf�UIU IIf;;;;ll'�°'r NO, "79 81"7589 9. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: UNDERGROUND COMMUNICATION FACILITIES AFFECTS: A PORTION OF SAID LAND RECORDED: U,US"'r 14 19"79 AS IIIII'�S°'ri:zUIU IIf;;;;ll'�°'r INO„ '79 895746 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,, x,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.......................... 10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: BELOW SURFACE GRADE WATER SERVICE VAULTS AND BELOW SURFACE GRADE BURIED WATERLINES AFFECTS: A PORTION OF SAID LAND RECORDED: 28 ,,,"rI:mMI;;;;N"r NO 80 1191785 ,,,,,,,,,,,,,,,,,,,,,,f,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1980AS I,.,. S..,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.....f ,,,....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,............................... PAGE 6 Page 269 of 327 ORDER NO.: 10526042 11. ANEASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AG SET FORTH |NADOCUMENT PURPOSE: BELOW SURFACE GRADE, BURIED STORM DRAINS AFFECTS: APORTION <}FSAID LAND RECORDED: 12. ANEASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AG SET FORTH |NADOCUMENT PURPOSE: BELOW SURFACE GRADE BURIED STORM DRAINS AFFECTS: APORTION <}FSAID LAND RECORDED: 13. ANEASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AG SET FORTH |NADOCUMENT PURPOSE: BURIED WATERLINE AFFECTS: APORTION {}FSAID LAND RECORDED: 14. ANEASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AG SET FORTH |NADOCUMENT PURPOSE: OVERHEAD AND UNDERGROUND ELECTRICAL SUPPLY SYSTEMS AND COMMUNICATION SYSTEMS AFFECTS: APORTION {}FSAID LAND AGDESCRIBED THEREIN RECORDED: 15. ANEASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AG SET FORTH |NADOCUMENT PURPOSE: INGRESS AND EGRESS AFFECTS: APORTION <}FSAID LAND RECORDED: 16. ANEASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AG SET FORTH |NADOCUMENT PURPOSE: UNDERGROUND COMMUNICATION SYSTEM AFFECTS: THAT PORTION {}FSAID LAND AGDESCRIBED |NTHE ATTACHED HERETO RECORDED: 17. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "DEVELOPMENT AGREEMENT" RECORDED: REFERENCE |GMADE TOSAID DOCUMENT FOR FULL PARTICULARS. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "ASSIGNMENT AND ASSUMPTION AGREEMENT" RECORDED: REFERENCE |GMADE TOSAID DOCUMENT FOR FULL PARTICULARS. Page 270 of 327 ORDER NO.: 10526042 THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: ^{}PER/g'|{}N MEMORANDUM NO. 1 EL GEGUNO{} SOUTH CAMPUS DEVELOPMENT AGREEMENT (RAYTHE{}N)^ RECORDED: REFERENCE |GMADE T{}SAID DOCUMENT FOR FULL PARTICULARS. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "FIRST AMENDMENT DEVELOPMENT AGREEMENT" RECORDED: REFERENCE |GMADE T{}SAID DOCUMENT FOR FULL PARTICULARS. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "ASSIGNMENT AND ASSUMPTION AGREEMENT" RECORDED: REFERENCE |GMADE T{}SAID DOCUMENT FOR FULL PARTICULARS. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "SECOND AMENDMENT TODEVELOPMENT AGREEMENT" RECORDED: REFERENCE |GMADE T{}SAID DOCUMENT FOR FULL PARTICULARS. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "ASSIGNMENT AND ASSUMPTION AGREEMENT" RECORDED: REFERENCE |GMADE T{}SAID DOCUMENT FOR FULL PARTICULARS. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "ASSIGNMENT AND ASSUMPTION AGREEMENT" RECORDED: REFERENCE |GMADE T{}SAID DOCUMENT FOR FULL PARTICULARS. 18. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "ACONDITIONAL CERTIFICATE <}FCOMPLIANCE" RECORDED: 19.2016 ASUNs r �NO.16-1609377 REFERENCE |GMADE TOSAID DOCUMENT FOR FULL PARTICULARS Page 271 of 327 ORDER NO.: 10526042 19. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT OMITTING ANY COVENANT, CONDITION AND RESTRICTION, IF ANY, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT, CONDITION OR RESTRICTION (A) IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PER II PERSONS" AS SET FORTH IN THE DOCUMENT RECORDED: AY 3 201'7 AS IIIII'�S"'�"IIf�UIII IIf;;;;ll'�"'r II'�O„ ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,H,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,....,,,,,,,,,,,,............................... 1 ° 4 99§Z. . NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID. ANY PERSON HOLDING AN INTEREST IN THIS PROPERTY MAY REQUEST THAT THE COUNTY RECORDER REMOVE THE RESTRICTIVE LANGUAGE PURSUANT TO SUBDIVISION (C) OF SECTION 12956.1 OF THE GOVERNMENT CODE. SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED: U AIIfZ0ll°1 1.8.1 2020 AS IIINS"' IIf UII IIf;;;IN"'r NO., 20 37566 2 2020 IIINS"'�"IIf�UIIIIIf;;;IN"' NO„ 20. .. ..3 756 7q Allf?llllll,,,,, "� 2021 AS ,T,,�;�,,,....,, „ , „13,,,,,,,,,,,,,,,,,,'1'1,,,W,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,x,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,tt„ IIIIINS°'IIf.UlUllf;;;;ll'�°'� IIO„ 22...254 20. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "DECLARATION OF SPECIAL LAND SUE RESTRICTION" RECORDED: MAY 3, 017 AS IIIII'�S"'rIf�Ulll llf;;;;ll'�"'r II'�O„ 1'7 4 995 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 21. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "EASEMENT AGREEMENT" RECORDED: MAY 3H,,,,,201'7 AS IIIII'�S"'rIf�UIU IIf;;;;ll'�"'r II'�O„ 1'7 4,89960 ............................... ............,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,....,,....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,............................. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. FIRST AMENDMENT TO EASEMENT AGREEMENT, RECORDED If:)IfZIII,# AS IINS"ri:zUliii!N"r .............................................,,... ......,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,f,................... NO„ 20,,,37569 22. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "AGREEMENT FOR PERFORMANCE OF DESIGNATED WORK" RECORDED: MAY 3H,,,,,201'7 AS IIIII'�S"'rIf�UIU IIf;;;;ll'�"'r II'�O„ 1'7 4,89961 ............................... ............,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,....,,....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,............................. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. PAGE 9 Page 272 of 327 ORDER NO.: 10526042 23. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: INGRESS AND EGRESS, SANITARY SEWER, DRAINAGE, STORM DRAIN, PUBLIC UTILITIES, EMERGENCY ACCESS, FIRE HYDRANT, WATER METER, WATER LINE, TRAFFIC SIGNAL AND SIDEWALK PURPOSES AFFECTS: AS SHOWN ON SAID MAP RECORDED: AS INSTRUMENT NO. 1 9 1313308 24. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "DECLARATION OF SPECIAL LAND USE RESTRICTIONS" RECORDED: If IIfllf; llf;;;;llf 31 201 AS IIIII'�S"'ri:zUIU IIf;;;;ll'�"'r II'�O„ 1 1466051 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "FIRST AMENDMENT TO DECLARATION OF SPECIAL LAND USE RESTRICTIONS" RECORDED: M III:Z 111°1 11 2022 AS IIIII'�S"'ri:zUIU IIf;;;;ll'�"'r II'�O„ 22 28514 ................................................... �����...... ......���N�����.............................................................................................................................:::::...................................................................................................................... REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 25. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AND TRAFFIC CIRCULATION AFFECTS: PORTIONS OF THE LAND AS DESCRIBED THEREIN RECORDED: w,.1A.N. , Ill?, ,,,, ,,,ti,,,,, , , , ....A.....I...N, ,, rIIfz,V ,III ,II::::N ,r,,,,1 O.,,....2.0....6. 26. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "LAND USE COVENANT AND AGREEMENT ENVIRONMENTAL RESTRICTIONS" RECORDED: 0 , "' 011f; llf;;;lllf 20 2020 AS IIIII'�S"'ri:zUlll llf;;;;ll'�"'r II'�O„ 20 1306546 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 27. ANY RIGHTS, CLAIMS OR INTERESTS THAT MAY EXISTS OR ARISE BY REASON OF THE FOLLOWING FACTS DISCLOSED BY A MAP DATED FEBRUARY 8, 2021 LAST REVISED MARCH 8, 2021 OF AN ALTA/NSPS LAND TITLE SURVEY COMPLETED APRIL 7, 2020 PREPARED BY OR UNDER THE RESPONSIBLE CHARGE OF ROBERT S. ROGERS LOS ANGELES 8348, OF/FOR KPFF, PROJECT/JOB NO.2000081. A. A CHAIN LINK FENCE CROSSES THE SOUTHWEST LINE OF LOT 7 IN MULTIPLE LOCATIONS. B . A CHAN LINK FENCE CROSSES THE SOUTHEAST LINE OF LOT 8 IN MULTIPLE LOCATIONS. C . A BUILDING ON THE EASTERLY ADJOINING PROPERTY LIES ON THE EAST LINE OF LOT 8. D. A CHAN LINK FENCE CROSS THE NORTH LINE OF LOT 22. PAGE 10 Page 273 of 327 ORDER NO.: 10526042 E . CURBS AND GUTTER EXTEND ACROSS THE NORTHWEST LINE OF SURVEYED PROPERTY IN MULTIPLE LOCATIONS. F . CHAIN LINK FENCING CROSSES THE NORTHWEST LINE OF SURVEYED PROPERTY. G . PARKING IMPROVEMENTS EXTEND ACROSS THE NORTHERLY AND NORTHWEST LY LINES OF SURVEYED PROPERTY. H . CURBS AND GUTTERS EXTEND ACROSS THE NORTH AND NORTHWEST LINES OF LOT 7 1. THERE IS A BILLBOARD ON THE SOUTH SIDE OF LOT 8. J . THE FACT TAT THE SURVEY IS NOT BASED ON THE CURRENT TITLE REPORT. K . THE FACT THAT THE FOLLOWING MATTERS SET FORTH IN THE "MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS" JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS IN 2016, HAVE NOT BEEN ADDRESSED OR COMPLIED WITH BY THE SURVEY IN ITS PRESENT FORM. THE NUMBERS IN PARENTHESES REFER TO THE SPECIFIC STANDARD IN THE REQUIREMENTS. (7.) SURVEYOR'S SIGNATURE IS NOT ON THE SURVEY. 28. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "DECLARATION OF SPECIAL LAND USE RESTRICTION" RECORDED: III III III,III,,,,,,,,,,7.g,,, , , „1,,,,,, ,,,,III,II;�, ,,, �,;IIfz;,,U,,Ill ll::::l l ,, r,,,,1 ,�; .,,,,,, „1,,,,,,, , , ,1„ , REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "FIRST AMENDMENT TO DECLARATION OF SPECIAL LAND USE RESTRICTIONS" RECORDED: M IIfZ0II°I 11 2022 AS IIIII'�S"'ri:zUlll llf;;;;ll'�"'r II'�O„ 22 285150 ................................................... �����...... ��......��N�����.............................................................................................................................:::::...................................................................................................................... REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 29. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "GRANT DEED AND ENVIRONMENTAL RESTRICTIONS" RECORDED: 7„021III�ri:zl::::lirllO.,1,1 ,,,„,,,,,, ,,,,,',,, ,, ,,,,' ,,,,,„,,,, ,,,„, REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 30. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "EASEMENT AGREEMENT (USE)" RECORDED: WIII III III,III,,,,,,,,,,7.g,,, , , „1,,,,,, ,,,,,III,II;�, ,,,,� IIf�;,,U�,,,III „Illllll:,N r,,,,1 ,�;; .,,,,,, „1,,,,,,, , , ,1,,,�, REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 31. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "ACCESS EASEMENT AGREEMENT" RECORDED: Ilf; llf III,III,,,,,,,,,,7,x,, , , „1,,,,,, ,,,,,III,II'�, ,,,,rII�,V ,III „Illllll:,N r,,,,ll'�, .,,....2.1.......4.5.5.1.8. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. PAGE 11 Page 274 of 327 ORDER NO.: 10526042 THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "FIRST AMENDMENT TO ACCESS EASEMENT AGREEMENT" RECORDED: M III:Z 111°1 1 ti, 2022 AS IIIII'�S"'ri:zUlll llf;;;;ll'�"'r II'�O„ 22 2 5167 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 32. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: "QUITCLAIM AGREEMENT" RECORDED:,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,W,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,H,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,tt,,,,,,,,,,,,,,,,,,,,,,,,,tt,,,,,,,,,,,,,,,,W,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.............................. w; INU IIfZY 03 2023 AS IIIII'�S°'ri:zUIU IIf;;;;ll'�°'r II'�O„ 23 4 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 33. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY AMOUNT: $ 50,000,000.00 DATED: APRIL 5, 2021 TRUSTOR: CDC MAR EAST CAMPUS 1 LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: CHICAGO TITLE COMPANY BENEFICIARY: CITY NATIONAL BANK, A NATIONAL BANKING ASSOCIATION RECORDED: Ilf llf llllll,,,,, 0'7 2021 AS IIIII'�S"'ri:zUIU IIf;;;;ll'�"'r II'�O„ 21 10545520 ................................ ....��������................N.................................................................................................................................:::::..................................................................................................................................... 202 AFFECTS: THE HEREIN DESCRIBED LAND AND OTHER LAND. AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY: CDC MAR EAST CAMPUS 1 LLC ,CDC MAR EAST CAMPUS 2 LLC AND CITY NATIONAL BANK RECORDED: M III:Z 111°1 1 ti, 2022 AS IIIII'�S"'ri:zUIU IIf;;;;ll'�"'r II'�O„ 22 20525 A SUBSTITUTION OF TRUSTEE UNDER SAID DEED OF TRUST WHICH SUBSTITUTED THE TRUSTEE RECORDED:,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,x,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,tt,,,,,,,,,,,,,,,,,,,,,,,,,tt,,,,,,,,,,,,,,,,W,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,�....................... JUll'�Ilf;;;l 1 2022 AS IIIII'�S°'ri:zUIU IIf;;;;ll'�°'r II'�O„ 22 645 64, 34. ANY RIGHTS OF THE PARTIES IN POSSESSION OF SAID LAND, BASED ON AN UNRECORDED AGREEMENT, CONTRACT OR LEASE, AS DISCLOSED BY INSPECTION AND INVESTIGATION. THIS COMPANY WILL REQUIRE THAT A FULL COPY OF ANY UNRECORDED AGREEMENT, CONTRACT OR LEASE BE SUBMITTED TO US, TOGETHER WITH ALL SUPPLEMENTS, ASSIGNMENTS AND AMENDMENTS, BEFORE ISSUING ANY POLICY OF TITLE INSURANCE. END OF SCHEDULE B PAGE 12 Page 275 of 327 ORDER NO.: 10526042 NOTES AND REQUIREMENTS FOR OUR WIRING INSTRUCTIONS PLEASE CONTACT THE TITLE UNIT SPECIAL NOTE: THE POLICY TO BE ISSUED MAY CONTAIN AN ARBITRATION CLAUSE. WHEN THE AMOUNT OF INSURANCE IS LESS THAT THE AMOUNT, IF ANY SET FORTH IN THE ARBITRATION CLAUSE, ALL ARBITRABLE MATTERS SHALL BE ARBITRATED AT THE OPTION OF EITHER THE COMPANY OR THE INSURED AS THE EXCLUSIVE REMEDY BY THE PARTIES. SPECIAL NOTE: IF A COUNTY RECORDER, TITLE INSURANCE COMPANY, ESCROW COMPANY, REAL ESTATE BROKER, REAL ESTATE AGENT OR ASSOCIATION PROVIDES A COPY OF A DECLARATION, GOVERNING DOCUMENT OR DEED TO ANY PERSON, CALIFORNIA LAW REQUIRES THAT THE DOCUMENT PROVIDED SHALL INCLUDE A STATEMENT REGARDING ANY UNLAWFUL RESTRICTIONS. SAID STATEMENT IS TO BE IN AT LEAST 14-POINT BOLD FACER TYPE AND MAY BE STAMPED ON THE FIRST PAGE OF ANY DOCUMENT PROVIDED OR INCLUDED AS A COVER PAGE ATTACHED TO THE REQUESTED DOCUMENT. SHOULD A PARTY TO THIS TRANSACTION REQUEST A COPY OF ANY DOCUMENT REPORTED HEREIN THAT FITS THIS CATEGORY, THE STATEMENT IS TO BE INCLUDED IN THE MANNER DESCRIBED. SPECIAL NOTE: CALIFORNIA REVENUE AND TAXATION CODE SECTION 18662, EFFECTIVE JANUARY 1, 1994 AND BY AMENDMENT EFFECTIVE JANUARY 1, 2003, PROVIDES THAT THE SELLER IN ALL SALES OF CALIFORNIA REAL ESTATE MAY BE REQUIRED TO WITHHOLD 3 AND 1/3RD % OF THE TOTAL SALES PRICE A CALIFORNIA STATE INCOME TAX, SUBJECT TO THE VARIOUS PROVISIONS OF THE LAW AS THEREIN CONTAINED. SPECIAL NOTE: UNLESS OTHERWISE DIRECTED IN WRITING, PROVIDENT TITLE COMPANY AUTOMATICALLY ISSUES THE ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (2-03-10) ON ALL QUALIFIED RESIDENTIAL PROPERTY SALE TRANSACTIONS. SPECIAL NOTE: THE ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (1-1-08) CONTAINS EXCEPTIONS AS TO OFF RECORD MATTERS IN ADDITION TO SPECIFIC DEDUCTIBLE AMOUNTS AND SPECIFIC LIABILITY MAXIMUMS FOR COVERED RISKS OF SAID POLICY THAT HAVE BEEN FILED AND APPROVED BY THE VARIOUS DEPARTMENTS OF INSURANCE WHERE THE FORMS HAVE BEEN FILED. PLEASE CONSULT WITH YOUR ESCROW OR TITLE OFFICER IF YOU HAVE QUESTIONS REGARDING THE POLICY. Note No. 1: YOUR ORDER FOR TITLE WORK CALLS FOR A SEARCH OF PROPERTY THAT IS IDENTIFIED BY A STREET ADDRESS ONLY OR BY SUCH OTHER UNCONFIRMED DATA. BASED ON OUR RECORDS, WE BELIEVE THAT THE LAND DESCRIPTION AND ITS OWNERSHIP IN THIS REPORT REPRESENTS THE PARCEL THAT YOU REQUESTED. IN ORDER TO PREVENT COSTLY ERRORS AND TO BE CERTAIN THAT THE CORRECT PARCEL OF LAND IS BEING CONSIDERED, WE REQUIRE THAT WRITTEN APPROVAL OF THE LEGAL DESCRIPTION AND THE VESTING IN THIS REPORT BE SENT TO US. IF WE DO NOT RECEIVE SUCH CONFIRMATION BEFORE CLOSE OF ESCROW, WE WILL CONSIDER THIS DEEMED APPROVAL OF THE DESCRIPTION AND OWNERSHIP OF SAID LAND AS SHOWN IN OUR REPORT. Note No. 2: WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: ALL PARTIES Note No. 3: THE REQUIREMENT THAT THIS COMPANY BE PROVIDED THE FOLLOWING FOR THE BELOW NAMED LIMITED LIABILITY COMPANY BEFORE ISSUING ANY POLICY OF TITLE INSURANCE, (1) A COPY OF ITS OPERATING AGREEMENT AND ANY AMENDMENTS THERETO MUST BE SUBMITTED TO THE COMPANY FOR REVIEW. PAGE 13 Page 276 of 327 ORDER NO.: 10526042 (2) A CERTIFIED COPY OF ITS ARTICLES OF ORGANIZATION (LLC-1), ANY CERTIFICATE OF CORRECTION (LLC-11), CERTIFICATE OF AMENDMENT (LLC-2), OR RESTATEMENT OF ARTICLES OF ORGANIZATION (LLC-10) MUST BE SUBMITTED TO COMPANY FOR REVIEW. (3) WITH RESPECT TO ANY DEED, DEED OF TRUST, LEASE SUBORDINATION AGREEMENT OR OTHER DOCUMENT OR INSTRUMENT EXECUTED BY SUCH LIMITED LIABILITY COMPANY AND PRESENTED TO THE COMPANY FOR RECORDING OR UPON WHICH THE COMPANY IS ASKED TO RELY, SUCH DOCUMENT OR INSTRUMENT MUST BE EXECUTED IN ACCORDANCE WITH THE FOLLOWING: A. IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH OFFICERS APPOINTED OR ELECTED PURSUANT TO THE TERMS OF THE WRITTEN OPERATING AGREEMENT, SUCH DOCUMENT OR INSTRUMENT MUST BE EXECUTED BY AT LEAST TWO DULY ELECTED OR APPOINTED OFFICERS AS FOLLOWS: THE CHAIRMAN OF THE BOARD, THE PRESIDENT, VICE PRESIDENT, AND ANY SECRETARY, ASSISTANT SECRETARY, THE CHIEF FINANCIAL OFFICER OR ANY ASSISTANT TREASURER. B. IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH A MANAGER OR MANAGERS IDENTIFIED IN THE ARTICLES OF ORGANIZATION AND/OR DULY ELECTED PURSUANT TO THE TERMS OF A WRITTEN OPERATING AGREEMENT, SUCH DOCUMENT OR INSTRUMENT MUST BE EXECUTED BY AT LEAST TWO SUCH MANAGERS OR BY ONE MANAGER IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES WITH THE EXISTENCE OF ONLY ONE MANAGER. (4) OTHER REQUIREMENTS WHICH THE COMPANY MAY IMPOSE FOLLOWING ITS REVIEW OF THE MATERIAL REQUIRED HEREIN AND OTHER INFORMATION WHICH THE COMPANY MAY REQUIRE. NAME OF LLC: CDC MAR EAST CAMPUS 2 LLC, A CALIFORNIA LIMITED LIABILITY COMPANY PAGE 14 Page 277 of 327 ORDER NO.: 10526042 EXHIBIT "A" LOTS 22, 23 AND 24 OF TRACT NO. 71551, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1418 PAGE(S) 45 THROUGH 55 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPT THEREFROM, ALL OIL, GAS AND OTHER HYDROCARBONS, GEOTHERMAL RESOURCES AS DEFINED IN SECTION 6903 OF THE CALIFORNIA PUBLIC RESOURCES CODE AND ALL OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR THAT MAY BE PRODUCED FROM THE PROPERTY BELOW A DEPTH OF FIVE HUNDRED (500) FEET, AS RESERVED BY DEED EXECUTED BY CHEVRON U.S.A. INC., A CORPORATION, RECORDED ON NOVEMBER 28, 1978 AS INSTRUMENT NO. 78-1317577, OF OFFICIAL RECORDS, WHICH ALSO RECITES, "PROVIDED, HOWEVER, THAT ALL RIGHTS AND INTEREST IN THE SURFACE OF THE PROPERTY AND THE LAND MASS OF THE PROPERTY TO A DEPTH OF FIVE HUNDRED (500) FEET ARE HEREBY CONVEYED TO GRANTEE, NO RIGHT OF INTEREST OF ANY KIND THEREIN, EXPRESS OR IMPLIED, BEING OR RESERVED TO GRANTOR EXCEPT AS HEREINAFTER EXPRESSLY SET FORTH." ASSESSOR'S PARCEL NUMBER: 4138-032-022, 023 AND 024 Page 278 of 327 L....... IPublic Record .I Non -Order Search Page 1 of 1 Requested By: Carlo, Printed. 2M2 2023 1:50 P'M Doc_ CAL©SA: MASS 4138-00032 Page 279 of 327 PROVIDENT TITLE COMPANY GLBA PRIVACY NOTICE This GLBA Privacy Notice explains how Provident Title Company ("Provident") collects, uses, and protects personal information, when and to whom Provident discloses such information, and the choices you have about the use and disclosure of your information. Pursuant to Title V of the Gramm -Leach Bliley Act ("GLBA") and other Federal and state laws and regulations applicable to financial institutions, consumers have the right to limit some, but not all, sharing of their personal information. Please read this GLBA Privacy Notice carefully to understand how Provident uses your personal information. The types of personal information Provident collects and shares depends on the product or service you have requested. Provident may collect the following categories of personal and financial information from you throughout your transaction: Identifiers: Real name, alias, online Internet Protocol (IP) address if accessing company websites, email address, account name, unique online identifier, Social Security number, driver's license number, passport number, or other similar identifiers. 2. Demographic Information: Marital status, gender, date of birth. 3. Personal Information and Personal Financial Information: Name, signature, Social Security number, physical characteristics or description, address, telephone number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, credit reports, or any other information necessary to complete the transaction. Provident may collect personal information about you from: Publicly available information from government records; 2. Information Provident receives directly from you or your agent(s), such as your lender or real estate broker; 3. Information about your transactions with Provident; and 4. Information Provident receives from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Provident may use your personal information for the following purposes: To provide products and services to you or in connection with a transaction. 2. To improve our products and services. 3. To communicate with you about our products and services. Provident may use or disclose the personal information Provident collects for one or more of the following purposes: a. To fulfill or meet the reason for which the information is provided; b. To provide, support, personalize, and develop our website, products, and services; C. To create, maintain, customize, and secure your account with Provident; d. To process your requests, purchases, transactions, and payments and prevent transactional fraud; Page 280 of 327 e. To prevent and/or process claims; f. To assist third party vendors/service providers who complete transactions or perform services on Provident's behalf pursuant to valid service provider agreements; g. As necessary or appropriate to protect the rights, property, or safety of Provident, our customers or others; h. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses; i. To help maintain the safety, security, and integrity of our website, products and services, databases and other technology -based assets, and business; j. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations; k. Auditing for compliance with federal and state laws, rules, and regulations; and I. Performing services including maintaining or servicing accounts, providing customer service, processing, or fulfilling orders and transactions, verifying customer information, and processing payments. Provident will not collect additional categories of personal information or use the personal information Provident collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Non -Affiliated Third Parties Provident does not sell your personal information to non-affiliated third parties. Provident may share your information with those you have designated as your agent throughout the course of your transaction (for example, a realtor, broker, or a lender). Provident does not disclose your personal information to a non-affiliated third party for a business purpose. Link to Privacy Notice Provident's GLBA Privacy Notice can be found on our website at _https://providenttitle.com/privacy-notice-giba/. Page 281 of 327 PROVIDENT TITLE COMPANY CCPA & CPRA PRIVACY NOTICE Pursuant to the California Consumer Privacy Act of 2018 ("CCPA') and the California Privacy Rights Act of 2020, effective January 1, 2023 ("CPRA'), Provident Title Company ("Provident") is providing this Privacy Notice at Collection for California Residents ("CCPA & CPRA Notice"). This CCPA & CPRA Notice supplements the information contained in Provident's existing GLBA Privacy Notice and applies solely to all visitors, users, and consumers and others who reside in the State of California or are considered California Residents as defined in the CCPA & CPRA. All terms defined in the CCPA & CPRA have the same meaning when used in this CCPA & CPRA Notice. Personal and Sensitive Personal Information Provident Collects Specifically, Provident has collected the following categories of personal and sensitive personal information from consumers within the last twelve (12) months: Category Examples �Collectei A real name, alias, postal address, unique personal identifier, online A. Identifiers. identifier, Internet Protocol address, email address, account name, Social YES Security number, driver's license number, passport number, or other similar identifiers. A name, signature, Social Security number, physical characteristics or B. Personal information description, address, telephone number, passport number, driver's license or categories listed in the California state identification card number, insurance policy number, education, Customer Records statute (Cal. employment, employment history, bank account number, credit card number, YES Civ. Code A§ 1798.80(e)). debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. Age (40 years or older), race, color, ancestry, national origin, citizenship, C. Protected classification religion or creed, marital status, medical condition, physical or mental characteristics under California or disability, sex (including gender, gender identity, gender expression, NO federal law. pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). D. Commercial information. Records of personal property, products or services purchased, obtained, or NO considered, or other purchasing or consuming histories or tendencies. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying E. Biometric information. information, such as: fingerprints, faceprints, and voiceprints, iris or retina NO scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. F. Internet or other similar network Browsing history, search history, information on a consumer's interaction NO activity. with a website, application, or advertisement. G. Geolocation data. Physical location or movements. NO H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO Page 282 of 327 I. Professional or employment -Current or past job history or performance evaluations. related information. Hsi J. Non-public education Education records directly related to a student maintained by an educational information (per the Family institution or party acting on its behalf, such as: grades, transcripts, class Educational Rights and Privacylists, student schedules, student identification codes, student financial NO Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). information, or student disciplinary records. K. Inferences drawn from other Profile reflecting a person's preferences, characteristics, psychological personal information. trends, predispositions, behavior, attitudes, intelligence, abilities, and NO aptitudes. Provident obtains the categories of personal and sensitive information listed above from the following categories of sources: • Directly and indirectly from customers, their designees, or their agents (For example, realtors, lenders, attorneys, brokers, etc.) • Directly and indirectly from activity on Provident's website or other applications. • From third parties that interact with Provident in connection with the services Provident provides. Personal and Sensitive Personal Information Provident May Collect That Is Excluded from Protection The following types of information may have been collected by Provident and is not subject to protection under this CCPA & CPRA Notice: • Publicly available information from government records; • Deidentified or aggregated consumer information; • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HI IPA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or • Certain personal information protected by other sector -specific federal or California laws, including but not limited to the Fair Credit Reporting Act (FCRA), Gramm Leach Bliley Act (GLBA) and California Financial Information Privacy Act (FIPA). Use of Personal and Sensitive Personal Information Provident may use or disclose the personal or sensitive information Provident collects for one or more of the following purposes: a. To fulfill or meet the reason for which the information is provided; b. To provide, support, personalize, and develop our website, products, and services; c. To create, maintain, customize, and secure your account with Provident; d. To process your requests, purchases, transactions, and payments and prevent transactional fraud; e. To prevent and/or process claims; Page 283 of 327 f. To assist third party vendors/service providers who complete transactions or perform services on Provident's behalf pursuant to valid service provider agreements; g. As necessary or appropriate to protect the rights, property, or safety of Provident, our customers or others; h. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses; i. To help maintain the safety, security, and integrity of our website, products and services, databases and other technology -based assets, and business; j. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations; k. Auditing for compliance with federal and state laws, rules, and regulations; or I. Performing services including maintaining or servicing accounts, providing customer service, processing, or fulfilling orders and transactions, verifying customer information, and processing payments. Provident will not collect additional categories of personal or sensitive information or use the personal or sensitive information Provident collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Non -Affiliated Third Parties Provident does not sell your personal information to non-affiliated third parties. Provident may share your information with those you have designated as your agent throughout the course of your transaction (for example, a realtor, broker, or a lender). Provident does not disclose your personal information to a non-affiliated third party for a business purpose. Your Rights Under CCPA The CCPA provides consumers (California residents as defined in the CCPA) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. Access to Specific Information and Data Portability Rights You have the right to request that Provident disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once Provident receives and confirms your verifiable consumer request, Provident will disclose to you: The categories of personal information Provident collected about you; The categories of sources for the personal information Provident collected about you; Provident's business or commercial purpose for collecting that personal information; The categories of third parties with whom Provident shares that personal information; The specific pieces of personal information Provident collected about you (also called a data portability request); and If Provident disclosed your personal data for a business purpose, a listing identifying the personal information categories that each category of recipient obtained. Page 284 of 327 Deletion Request Rights You have the right to request that Provident delete any of your personal information Provident collected from you and retained, subject to certain exceptions. Once Provident receives and confirms your verifiable consumer request, Provident will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. Provident may deny your deletion request if retaining the information is necessary for us or our service providers to: 1. Complete the transaction for which Provident collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you; 2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; 3. Debug products to identify and repair errors that impair existing intended functionality; 4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law; 5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code A§ 1546 seq.); 6. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; 7. Comply with a legal obligation; or 8. Make other internal and lawful uses of that information that are compatible with the context in which you provided it. Your Rights Under CPRA CPRA expands upon your consumer rights and protections offered by the CCPA. This section describes your CPRA rights and explains how to exercise those rights. Opt -Out of Information Sharing and Selling Provident does not share or sell information to third parties as the terms are defined under the CCPA and CPRA. Provident only shares your personal information as commercially necessary and in accordance with this CCPA & CPRA Notice. Correction of Inaccurate Information You have the right to request that Provident correct any inaccurate information maintained about you. Limit the Use of Sensitive Personal Information You have the right to limit how your sensitive personal information, as defined in the CCPA and CPRA, is disclosed or shared with third parties. Exercising Your Rights Under CCPA and CPRA To exercise the access, data portability, deletion, opt -out, correction, or limitation rights described above, please submit a verifiable consumer request to us by the available means provided below: Phone: Toll Free at (800) 794-8094 Page 285 of 327 Website: httL://Urovidenttitle.com/contact-us/ Email: info( ,providenttitle.com Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child, if applicable. To designate an authorized agent, please contact Provident through one of the methods mentioned above. You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period. The verifiable consumer request must: Provide sufficient information that allows us to reasonably verify you are the person about whom Provident collected personal information or an authorized representative; and Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Provident cannot respond to your request or provide you with personal information if Provident cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with Provident. Response Timing and Format Provident endeavors to respond to a verifiable consumer request within forty-five (45) days of its receipt. If Provident requires more time (up to an additional forty-five (45) days), Provident will inform you of the reason and extension period in writing. A written response will be delivered by mail or electronically, at your option. Any disclosures Provident provides will only cover the twelve (12) month period preceding the verifiable consumer request's receipt. The response Provident provides will also explain the reasons Provident cannot comply with a request, if applicable. For data portability requests, Provident will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. Provident does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If Provident determine that the request warrants a fee, Provident will tell you why Provident made that decision and provide you with a cost estimate before completing your request. Non -Discrimination Provident will not discriminate against you for exercising any of your CCPA and CPRA rights. Unless permitted by the CCPA or CPRA, Provident will not: Deny you goods or services; Charge you a different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; Provide you a different level or quality of goods or services; or Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. Page 286 of 327 Record Retention Your personal information will not be kept for longer than is necessary for the business purpose for which it is collected and processed. Provident will retain your personal information and records based on established record retention policies pursuant to California law and in compliance with all federal and state retention obligations. Additionally, Provident will retain your personal information to comply with applicable laws, regulations, and legal processes (such as responding to subpoenas or court orders), and to respond to legal claims, resolve disputes, and comply with legal or regulatory recordkeeping requirements. Changes to This CCPA & CPRA Notice Provident reserves the right to amend this CCPA & CPRA Notice at our discretion and at any time. When Provident makes changes to this CCPA & CPRA Notice, Provident will post the updated Notice on Provident's website and update the Notice's effective date. Link to Privacy Notice Provident's CCPA & CPRA Privacy Notice can be found on our website at _https://providenttitle.com/privacy-notice-ccpa/. Contact Information If you have questions or comments about this notice, the ways in which Provident collects and uses your information described herein, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: Phone: Toll Free at (800) 794-8094 Website: https://2rovidenttitle.com/contact-us/ Email: info(5).providenttitle.com Page 287 of 327 Privacy Notice 'T'he Doiirria Farri iii y of C.orriparves 1 NoWhat does the Doma family of companies do with your personal information? Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some, but not all, sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. What? The types of personal information we collect and share depend on the product or service you have with us. This information can include: • Social Security number, date of birth and income • Transaction history and payment history • Purchase history and account balances How? All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information, the reasons the Doma Family of Companies chooses to share, and whether you can limit this sharing. mom For our everyday business purposes Yes No Such as to process our transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes Yes No To offer our products and services to you For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes Yes No Information about your transactions and experiences For our affiliates' everyday business purposes No We don't share Information about your creditworthiness For our affiliates to market to you No We don't share For our nonaffiliates to market you No We don't share • Call 1-866-929-7437 — our menu will prompt you through your choice(s) or To limit our • Visit us online: www.doma.com sharing Please note: If you are new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing. Questions? Call 1 (866) 929-7437 or go to www.doma.com Page 288 of 327 Privacy Notice 'T'he Do rria Fa liar iii y of C.orriparves 1 Who is providing this notice? The Doma Family of Companies (identified below), which offers title insurance and settlement services. How does Doma protect my personal To protect your personal information from unauthorized access and use, information? we use security measures that comply with federal law. These measures include computer safeguards and secure files and buildings. How does Doma collect my personal We collect your personal information, for example, when you information? 0Apply for insurance; • Apply for financing; • Give us your contact information • Provide your mortgage information • Show your government -issued ID We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Why can't I limit all sharing? Federal law gives you the right to limit only • Sharing for affiliates' everyday business purposes — information about your creditworthiness • Affiliates from using your information to market to you • Sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. What happens when I limit sharing Your choices will apply to everyone on your account — unless you tell us otherwise. for an account I hold jointly with someone else? Emil Affiliates lated by common ownership or control. They can be 7financianI onfinancial companies.ffiliates are the entities comprising the Doma Family of Companies (listed below) and include companies with a Doma name; financial companies such as Doma Insurance Agency, Inc. and Doma Home Insurance Services, LLC; and nonfinancial companies such as Title Agency Holdco, LLC. Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. • Nonaffiliates we share with can include collection agencies, our service providers, companies that perform marketing and advertising services on our behalf, and consumer reporting agencies. Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you. • Doma doesn't 'joint) IV market. *For California residents: you may have additional rights under the California Consumer Privacy Act. For a description of those rights, please see our Doma Family of Companies' privacy policy located here: www.doma.com Page 289 of 327 Privacy Notice 'T'he Do rria Fa liar iii y of C.orriparves 1 The Doma Family of Companies consists of the following entities: Doma Holdings, Inc. Doma Corporate, LLC Doma Customer Financing LLC Doma Home Insurance Services, LLC Doma Insurance Agency, Inc. Doma Insurance Agency of Arizona, Inc. North American Title Company of Colorado Doma Insurance Agency of Florida, Inc. Doma Insurance Agency of Colorado, Inc. Doma Insurance Agency of Florida, Inc. Doma Insurance Agency of Illinois, Inc. Doma Insurance Agency of Indiana, LLC Doma Insurance Agency of Louisiana, LLC Doma Insurance Agency of Minnesota, Inc. Doma Title Insurance Company of New York Doma Title Agency of Nevada, Inc. Doma Insurance Agency of New Jersey, Inc. Doma Insurance Agency of Texas, Inc. Doma Insurance Agency of Utah, LLC Doma Title Insurance, Inc. Doma Trustee Services, LLC Doma Title of California, Inc. Cura Home, Inc. NASSA LLC North American Title Company North American Title Insurance Company North American Asset Development, LLC North American Services, LLC Spear Agency Acquisition Inc. States Title Holding, Inc. States Title, LLC Title Agency Holdco, LLC Page 290 of 327 CONDITIONS AND STIPULATIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Page 291 of 327 Environmental Summary Proposed Dedication Parcels to City of El Segundo, California CDC MAR East Campus 2, LLC, a California limited liability company ("CDC -MAR") owns approximately 3.25 acres of land, consisting of portions of two separate parcels (Lot 23 and Lot 24), located south of El Segundo Boulevard and west of Coral Circle in El Segundo, California ("Dedication Property"). The location of the Dedication Property is shown on Figure 1, and the proposed dedication area is shown on Figure 2. Historically, the Dedication Property was a portion of a larger property owned by Raytheon Corporation ("Raytheon Facility"). Hughes Aircraft Company ("Hughes") purchased the larger property, including the Dedicated Property, in 1978. Raytheon merged with Hughes and CDC -MAR subsequently purchased the Dedication Property along with several other parcels (Parcels 13,14,19, 23 and 24) on December 31, 2019. The Dedication Property has been vacant throughout the period that Hughes, Raytheon and CDC -Mar has owned it. CDC -MAR has prepared this Environmental Summary to assist the City of El Segundo ("City") staff evaluate the CDC-Mar's irrevocable offer to dedicate the Dedication Property to the City of El Segundo, pursuant to the Second Amendment to Development Agreement by and between CDC Mar East Campus 1 LLC and Raytheon Company. However, City is advised to conduct its own, independent due diligence to evaluate the potential for environmental impacts associated with the Dedication Property. Some of the information provided is based on publicly available environmental reports found at the files of the California Department of Toxic Substances Control ("DTSC"), which has been the lead agency overseeing the remediation and closure of the RCRA permitted "Raytheon Facility" and associated post -closure soil management activities. Copies of many of the applicable documents are available at the DTSC online EnviroStor database at: �i.:: .g: www.e:^��wiroslond sc.c�.:�o � bi c �w � ,,,,:Nofdc^ rcpporl.'� ioi m (.1. 3; . 3����:g.���„u„����..��:::::::::� and ............... .g: www.e^nuogiou.d�gc.c�.:�obicuouic^ ucpou��..l�ob��id.:::BDDD1335. In addition, CDC -Mar performed an additional investigation in 2023 in portions of the Raytheon Facility that encompassed the Dedication Property and some of the nearby parcels owned by CDC -Mar. A copy of that report is available at: S ac.4".s �V �.'�:&�4 _ �.o �g �a�.�.4" �g S���SCu�A T � A brief summary of the data within these reports with respect the Raytheon Facility and the Dedication Property is provided in the following. Page 293 of 327 Property Description and Background Available historical records indicate that the Raytheon Facility was vacant through the 1920s and was likely utilized periodically for agricultural purposes. Based on a review of historical aerial photographs, a series of oil wells and associated holding ponds and aboveground storage tanks were located on the area comprising the Raytheon Facility from the late 1930s until the 1970s. As an example, Figure 3 shows the location of oil field operations at the Raytheon Facility in 1938. Hughes and Raytheon used the Dedication Property as a landscaped boundary to the overall Raytheon Facility, with some limited surface parking. For the most part, the Raytheon Facility has been used as office space and for research and development. Some low -volume production of technically sophisticated electronic and optical devises took place historically at the Raytheon Facility but most of the production -related activities were discontinued in the early 1990s. None of this production -related work of research and development was done on the Dedication Property. Between June 1995 and late 2020, Hughes and Raytheon maintained a Resources Conservation and Recovery Act Hazardous Waste Facility Permit ("RCRA Permit") issued by the DTSC. This permit was associated with hazardous waste storage and consolidation activities that were conducted in the southern portion of the Raytheon Facility. However, because none of these activities were conducted on the Dedication Property, the DTSC granted a permit modification on February 20, 2020 that separated the Dedication Property and several other parcels from the RCRA Permit. A copy of the permit modification is attached. Post Acquisition Environmental Investigations Following the acquisition of land partially comprising the former Raytheon Facility by CDC - Mar (Parcels 13,14,19, 23 and 24 on December 31, 2019) several environmental sampling activities were performed at or in the vicinity of the Dedication Property. Among these activities, CDC -Mar performed environmental monitoring and the removal and consolidation of arsenic impacted soil in 2022 pursuant to the DTSC approved Soil Removal and Consolidation Plan (June 7, 2022). This work was primarily performed on parcels located south of the Dedication Property (portions of the area used for the development of the new Chargers headquarters and practice fields). These activities removed soil containing greater than 12 milligrams per kilogram (mg/kg) of arsenic from the upper 5 feet of soil (deemed to be background levels) per the Soil Removal and Consolidation Plan under the oversight of the DTSC and replaced that soil with a soil cap that met regulatory Page 294 of 327 standards for arsenic ("Soil Cap"). Based on confirmation sampling conducted following the removal and consolidation action, no arsenic in excess of background levels was observed within the upper 5.0 foot Soil Cap within the future Chargers parcels. Some of the work associated with the Soil Removal and Consolidation Plan occurred very close to the southern portion of the Dedication Property as shown on Figure 4. In addition, between November 16, 2022, and November 18, 2022, a total of five (5) soil borings (NSV-9, NSV-12, NSV13, NSV-24 and NSV-25) were drilled and sampled at the Property. An additional (3) additional borings (NSV-17, NSV-20 and NSV-22) were located very close the Dedication Property boundary. This self -directed work was performed to evaluate soil conditions prior to grading. The location of these borings is shown on Figure 3. During the self -directed work, soil samples were collected from depths of between 0.5 and 15 feet below ground surface (bgs) in the installed soil borings and the samples were analyzed for a range of organic and inorganic compounds including metals, volatile organic compounds (VOCs), total petroleum hydrocarbons (TPHs), polycyclic aromatic hydrocarbons (PAHs), polychlorinated bisphenols (PCBs) and pesticides. In addition, when possible, vapor samples were collected at depths of approximately 5.0 and 15.0 feet bgs at each locations. The vapor samples were tested for VOCs and fixed gases (including methane). Based on this investigation, the following conclusions were drawn: None of the soil samples exceeded regional background levels for arsenic of 12 mg/kg. In addition, with the exception of petroleum hydrocarbons discussed below, all other compounds were either not detected or were observed at levels that did not exceed screening criteria in the analyzed soil samples. • Petroleum hydrocarbons were not observed in excess of commercial/industrial DTSC screening levels in the analyzed soil samples. However, one (1) soil sample (NSV-24 at 4.5 feet bgs) contained high -carbon range (CIO —C32) aromatics in excess of commercial/industrial EPA Regional Screening Level (RSL). A total of sixteen (16) VOCs, as well as gasoline range organics (GRO), were detected in soil vapor at the Property. The maximum detected compound was GRO, observed at a concentration of 356,000 micrograms per cubic meter (ug/m3) in NSV-25-4.5'. These concentrations do not exceed regulatory standards if the Dedication Property were to be used for a park or other open space type of use. However, if the Dedication parcels were to be used for commercial/industrial purposes, a different standard applies. As set forth in the recent Vapor Intrusion Advisory (DTSC, August 2023), five compounds (GRO, benzene, PCE, chloroform, and Page 295 of 327 bromodichloromethane) exceed the soil vapor above screening criteria for the protection indoor air quality at commercial/industrial property. Methane gas was observed at three (3) locations (NSV-12 at 5.0 feet bgs, VSV-12 at 15 feet bgs and NSV-22 at 4.5 feet bgs) at low concentrations (between 0.1% and 1.1% v/v). Vacuum readings were observed at up to 0.16 inch of water at the Property. Based on ASTM E2993-16 guidance for evaluating methane hazards, no further action is required with respect to methane at the Property. Page 296 of 327 Attachment DTSC Correspondence Page 297 of 327 Department of Toxic Substances Control Meredith Williams, Ph.D., Director Jared Blumenfeld 8800 Cal Center Drive Gavin Newsom Secretary for Governor Environmental Protection Sacramento, California 95826-3200 February 20, 2020 Ms. Nitelle Levers EHSS Manager Raytheon Space & Airborne Systems 2000 East El Segundo Boulevard (EO/E4/N169) El Segundo, California 90245 APPROVAL OF CLASS 1* PERMIT MODIFICATION REQUEST -REMOVAL OF PARCELS 13, 14, 19, 23, & 24 FROM THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) FACILITY PERMIT, RAYTHEON SPACE & AIRBORNE SYSTEMS, EL SEGUNDO, CALIFORNIA (ENVIRONMENTAL PROTECTION AGENCY IDENTIFICATION NUMBER CAD000633230) Dear Ms. Levers: The Department of Toxic Substances Control (DTSC) received a Permit Modification request letter from Raytheon Space and Air Borne Systems (Raytheon) dated December 4, 2019. The letter requests removal of Parcels 13, 14, 19, 23, and 24 (APN#'s 4138-032-013, 4138-032-014, 4138-032-019, 4138-032-023, and 4138-032- 024, respectively) from the Resource Conservation and Recovery Act (RCRA) Facility Permit (Permit # 07-GLN-11) for the site located at 2000 East El Segundo Boulevard, El Segundo, California (the Facility). Raytheon comprises of approximately 134-acres of RCRA permitted land zoned for commercial/manufacturing use. The RCRA permitted unit, Hazardous Waste Storage Area -- E-21a, is located at the south end of the facility. In the request letter, Raytheon informed DTSC of the proposed sale of the parcels and requests removal of the five parcels (Parcels 13, 14., 19, 23, and 24) from the RCRA Facility Permit to facilitate their sale. The parcels cover approximately 18.32 acres (see Figure 'I attached). Parcels 13, 14, and 24 are located between 1,500 to 1,800 feet north of the permitted unit. Parcels 23 is a long, narrow strip of lightly landscaped land and road located along the eastern facility boundary underlying the elevated rail line. Parcel 19 is entitled to the City of El Segundo for the future location of Nash Street. The parcels have been used for parking, travel, and/or as landscaped areas since the Facility's development in approximately 1983. The five parcels are not designated as Solid Waste Management Units (SWMUs) or Areas of Concern (AOCs) and there is no evidence of a release, storage, treatment, or Page 298 of 327 disposal of hazardous waste or constituents, in accordance with the January 13, 2020 DTSC Corrective Action determination memorandum from the Site Mitigation and Restoration Program to the Permitting Division. Pursuant to California Code of Regulations (CCR), title 22:, section 66270.42(d)(2)(A), this is a Class 1 Permit Modification requiring prior approval from the Department, designating it as a Class 1* Permit Modification. DTSC approves this Class 1'* Permit Modification request to remove Parcels 13, 14, 19, 23, and 24 from the RCRA Facility Permit. This approval is contingent on the understanding that Parcels 13, 14, 19, 23, and 24 are restricted to commercial/industrial land use only, to be consistent with the existing Land Use Covenant on the property. Any changes to the parcels' land use will require modification of the existing Land Use Covenant. In addition, if previously unidentified contamination at the facility is discovered, additional investigation and remediation may be required. DTSC reserves the right to take or require action at Raytheon if new or different information becomes know or available. After reviewing the permit modification and its supporting documents, DTSC finds that the changes meet the standards of CCR, title 22�, chapter 14 and has filed a Notice of Exemption because the activity, with certainty, will have no possibility of a significant effect to the environment. If you have any questions, you can reach me by phone at (916)-2�55-6413 or via email at P rnp •LV- Sincerely, Parampreet Bhatti Hazardous Substances Engineer Permitting Dion -Sacramento Department of Toxic Substances Control Enclosure (1) cc: see next page Page 299 of 327 Ms. Nite:ll'e Levers February 20, 2020i Page 3 cc: (via email) Ms. Safaa Dergham, PG Senior Manager Ramboll Environ U.S. Corporation 18100 Von Karman, Avenue, Suite 600 Irvine, California 2612 SDerqham(@rarnboll.com Ms. Muzhda Ferouz, PE Unit Chief Permitting Division Department of Toxic Substances Control Muzhdaferouz�(Jqtsc.ca,gov Mr. Andy Cano, PG Engineering Geologist Geological Services Unit Wiglli ' ILSimil, Dr. Debra Taylor, DVM, MP;VM, PhD Staff Toxicologist (Specialist) Human and Ecological Risk Office Page 300 of 327 Al \e NOV\\.., .F\\ \ \ \ 2 SO �\ YAli \ \ ti \\\tea.\..a:a .ma's \\ V-110 CCU Y g .`��Ayo` A yy\ \ yV�Ay AaAy��AvL��vAyVAVy y v\ .�A A�� vim ,. yyyyoA\ VA A� y� v� \ A v . v v vyy \VOA\ Legend \ New/Proposed Site Boundary \ ® Area Proposed to be Removed from \ \ \ \ \\ RCRA Permitted Facility o \\ m \\ Current Site Boundary \ \ \ — \ Concrete Pad \\ \\Ir \ \\ \\ �_� 6 soo \\\ \ \ O E-1 Engineering 9 9 AS\ \ \ \\ E-2 Environmental \ \ \\ VAS V AA SCALE IN FEET E3 High Bay Engineering ` VAy vvv� E-4 Manufacturing A o E5 Central Plant V V��' �`� a � � vv �� Proposed Exclusion Parcels E$ Fire Station East Yard E-7 Medical Services, Facilities �aWaSteStOrage Area_s \\ 00WO I ` E-21 a E-20 Hazardous Materials Storage oAy y �A + y Raytheon Company E-21 Hazardous Waste Storage Administration`!--tYar r v �� v -200 and vwv E21 00, 0 East El Segundo Boulevard E-22 Wastewater Treatment Plant V v v �..�. EI Segundo California vv vv \ FIGU E E-23 Recreation ,\V A ' E-24 Recreation A �`"ar'��� 1 R kw �W V `` av A�v� ,,. ..s,_ . �.. _���. ��... - \. DR4FfED BV, M. KNEALE DATE'. 11 /25\019 PRQIECT'. 1690001782 Figures Page 302 of 327 a L ..-- _arty, F.i-.ni=:y Los % naeles - SITE LOCATION I tl' s'I Ems: Lcna Peach E Lb Fie .A Sources. Esff' HERE�-'Garm In Interraap Increment P Eorp:E Pa [in A,GEBCQ, USGS, FAO ;,;�-,; NPS, NRCAN, GeoBase, IGN, KadasterNL a,3F7 - Ordnance Survey, Esri Japan, METI, Esri ewn China (Hong Kong), (c) OpenStreetMap I' contributors, and the GIS User Community L 3 - u. x EGr .A.._ E han&hs, L"� - .< Sources: Esri, HERE, Garmin 'Intermap;ancrement:P Corp., GEBCQ, USGS, FP;BN PS NRCAN �GeoBae, IGN Kadaster _NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong) (c) OpenStreetMap contributors, and the GIS Usertommunity —N— BEC 0 0.25 0.5 1 17011 Beach Boulevard, Suite 900 SITE LOCATION 1-.1NO. Figure Miles Huntington Beach, CA 92647 080070024C 1 BEC Tel. (877) 232-4620 3.26-Acre Property Fax (714) 494-1912 z000 east E Segundo eowevard, E Segundo, Caiiromia Page 303 of 327 Page 304 of 327 \V v�AS EI Segundo Boulevard \�_ go Ad \\: `N 16 15 \' 13\\ oZ17 11OWN`\ x Y \ Y \\ \ \ \\\\ Eff ' V. �vA l �.Ovv V'ov v` vv ' ��,v� Aocz Ea��A `v �� ��� s v v y 23,- v ,~kw ­ Coolant Ry ler System e� usr26( PP x) \ Es \ 19 \\ \\\ \INA 0,\ \ \ \ SVMAua \ \ \\ \ ` p \ 400-G "o VUa t \ \ `-\ ' `\ Isopropyl W h UST `� �\ ` ~` �(Usrs \ \\\ 11 22 F me Fuel Leak20 ox near �.ppr \\ c �♦ swMu z 'West —ter o Treatment Sytem - E 20\ \ IT o HuvAA \ s \ \ 331, i .. \ iNOUIF4r ufle i ¢}� \ E21 \ \ SolidVVaste "o\ a Manzg YEAR i sVumu 1> o \ v u i= x DR Legend ® „wyyvv ,. ,.. , ad-9, v ® Park Area Boundary 1= CDC/MAR Parcel Boundaries j Potential Boundary of Hughes Way -Nash St Extension o zoo aoo aoo FEET Raytheon Facility Boundary Y Y Y Structure Outlines N BEC AERIAL PHOTOGRAPH - 1938 17011 Beach Boulevard, Suite 900 Pmure jeallo. Fig El Active Oil/Gas Wells Huntington Beach, CA92647 WITH MODERN FEATURES 080070024C 3 ® Inactive Oil/Gas Wells BEC Tel. (877) 232-4620 3.26-Acre Property Fax (714) 494-1912 z000 East El Segundo eoweoerd, El Segundo, Cdiromia Page 305 of 327 Page 306 of 327 DRAFT BBK 4-26-22 Recording requested by: City of El Segundo 350 Main Street El Segundo, CA 90245 When recorded, mail to: City Clerk City of El Segundo 350 Main Street El Segundo, CA 90245 No fee per Government Code § 6103 IRREVOCABLE OFFER TO DEDICATE (To the City of El Segundo) No Documentary Transfer Tax per Revenue Taxation Code § 11922 This Irrevocable Offer to Dedicate ("Offer") is made by CDC MAR East Campus 2 LLC, a California limited liability company ("Grantor") to the City of El Segundo, a general law city and municipal corporation ("City"). 1. Recitals. This Offer is made with the following understandings and objectives: A. Pursuant to that certain Assignment and Assumption Agreement, dated March 8, 2022 (Recorded as Doc. No. 2022-0285160), CDC MAR East Campus 1 LLC, a California limited liability company (the "assignor"), has assigned all of its rights, title and interest to the Development Agreement and the Project Approvals with respect to the Transferred Property to CDC MAR East Campus 2 LLC, a California limited liability company (the "Assignee" and "Grantor" herein) who has assumed all of the term. Conditions, covenants and obligations under the Development Agreement and the Project Approvals allocated to the Transferred Property. B. Grantor is the owner of certain real property situated in the City of El Segundo, County of Los Angeles, State of California, described and depicted in attached Exhibit "A", which is incorporated by reference ("Grantor's Property"); C. Grantor's Property will be redeveloped in accordance with the entitlements approved by the City Council on December 21, 2021, as memorialized by the Project Approvals set forth in the Second Amendment to the Development Agreement, which is incorporated by reference ("Development Agreement"); D. Grantor is the owner of certain real property to be irrevocably offered to the City 65331.00005\34950351.1 Page 307 of 327 DRAFT BBK 4-26-22 as depicted in attached Exhibit "B" 2. Irrevocable Offer to Dedicate. Grantor irrevocably offers to dedicate to City up to an approximately 2 acre site (as identified by meets and bounds) on Grantor's Property, as described and depicted in Exhibits "A" and "B" for City open space or recreation only (the "Offered Property"). 3. Limitations. City shall accept the Offered Property subject to all non -monetary encumbrances, in its "as is", "where is" and "with all faults" condition, and City acknowledges and agrees that there are no representations and/or warranties, express or implied, made by Grantor in connection with the Offered Property or the dedication contemplated in this Offer. After acceptance, City agrees that it shall grant Grantor any easements, licenses or other related instruments reasonably required in order to implement the Project Approvals and any future approvals given to Grantor by the City. 4. Duration and Acceptance. This irrevocable offer of dedication is binding upon the owner and the heirs, assigns or successor in interest to the Offered Property described above for a period of twenty (20) years. This Offer may be accepted by City. Such acceptance must be effectuated by recordation of City of an acceptance of this Offer in the form attached as Exhibit "C". Upon such recordation of acceptance, this Offer and terms, conditions and restrictions have the effect of a grant of property in gross and perpetuity that runs with the land and is binding on the heirs, assigns, and successors of Grantor. 5. Remedies. Any act, conveyance, contract, or authorization by Grantor, whether written or oral, which uses or would cause to be used, or would permit use of the Offered Property contrary to the terms of this Offer, is a violation and a breach of this Offer. Grantor and City may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of the Offer and their respective interest in the Offered Property. In the event of a breach, any forbearance on the part of any such party to enforce the terms and provisions this Offer cannot be deemed a waiver of enforcement rights regarding any subsequent breach. 6. Taxes and Assessments. Grantor agrees to pay or cause to be paid all real property taxes and assessments levied or assessed against the Offered Property until accepted by City. It is intended that this irrevocable Offer constitutes enforceable restrictions within the meaning of (a) Article XIII, § 8, of the California Constitution; and (b) Revenue and Taxation Code § 402.1, or successor statute. Furthermore, this Offer constitutes a servitude upon the burden to the Offered Property within the meaning of Revenue and Taxation Code § 3712(d), or successor statute, which survives a sale or tax -deeded property. 7. Service of Notice. All notices to be served by one party to the other pursuant to this agreement are deemed to have been served when made in writing and deposited in the U.S. mail, registered and postage prepaid, addressed as follows: a. To Grantor: CDC MAR East Campus 2 LLC c/o Continental Development Corporation 2041 Rosecrans Avenue, Suite 200 El Segundo, CA 90245 65331.00005\34950351.1 2 Page 308 of 327 DRAFT BBK 4-26-22 Attention: Alex Rose b. To Grantee: City Manager City of El Segundo 350 Main Street El Segundo, CA 90245 8. Binding upon Successors. All terms and conditions in this Easement will be binding upon the parties, their successors, and assigns. The benefits and burdens herein are intended to and will run with the land. This is the entire agreement between the parties and will not be modified except by written instrument signed by all the parties. 9. Authority. Grantor expressly warrant and represent that it has the power to grant this Offered Property in accordance with its terms. 10. Governing Law. This document was drafted in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this document will be in Los Angeles County. 11. Severability. If any provision of this Offer is held to be invalid, or for any reason becomes unenforceable, no other provision will be affected or impaired. 12. Counterparts. This document may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date. Executed this th day of , 2022. GRANTOR: CDC MAR EAST CAMPUS 2 LLC, a California limited liability company By: CDC East Campus 2 LLC, a California limited liability company Its: Managing Member By: Continental Development Corporation, a California corporation Its: Managing Member By: _ Name Title: Alex J. Rose Executive Vice President, Development 65331.00005\34950351.1 Page 309 of 327 DRAFT BBK 4-26-22 EXHIBIT A LEGAL DESCRIPTION OF PROPOSED DEDICATION [to be inserted] 65331.00005\34950351.1 Page 310 of 327 DRAFT BBK 4-26-22 EXHIBIT B DEPICTION OF PROPOSED DEDICATION [to be inserted] 65331.00005\34950351.1 Page 311 of 327 DRAFT BBK 4-26-22 EXHIBIT C ACCEPTANCE OF IRREVOCABLE OFFER TO DEDICATE By CITY OF EL SEGUNDO This is to certify that the interest in real property offered in the Irrevocable Offer to Dedicate dated from CDC MAR East Campus 2 LLC to the City of El Segundo, a general law city and municipal corporation, is accepted by the undersigned officer on behalf of the City pursuant to authority conferred by City Council Resolution No. adopted on , and the City consents to recordation thereof by its duly authorized officer for City open space for passive and active recreation only. Darrel George Interim City Manager ATTEST: City Clerk APPROVED AS TO FORM: Mark D. Hensley City Attorney Date 65331.00005\34950351.1 Page 312 of 327 DRAFT BBK 4-26-22 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On before me, , Notary Public , personally appeared , who proved to me on the basis of satisfactory evidence to be the persons) whose names} isle subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his'hP i authorized capacityO,&O, and that by his/hex4hei signatures) on the instrument the person(o, or the entity upon behalf of which the person(o acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Signature) 65331.00005\34950351.1 Page 313 of 327 GIRT411 City Council Agenda Statement ELSEGUNDO Meeting Date: August 15, 2023 Agenda Heading: Staff Presentations Item Number: D.16 TITLE: Agreement with KOA Corporation for Construction Management Services for the Urho Saari Swim Stadium ("The Plunge") Project RECOMMENDATION: Authorize the City Manager to execute a professional services agreement with KOA Corporation for $998,589.82 for construction management services for the Urho Saari Swim Stadium project and authorize an additional $100,000 for contingency. 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: Additional Appropriation in FY 2023-24: None Account Number(s): 301-400-8186-8236 (Plunge Rehabilitation) & 702-233-5101- 5418 (Trust Fund for Plunge Rehab Reserve) Budgeted Amount: $5,000,000 (General Fund Budget - Plunge Rehabilitation) plus $2,500,710 Trust Fund Reserve (Chevron Contribution - $500,000, L.A. Chargers Headquarters Agreement - $2,000,000, $710 - Interest), for a total of $7,500,710. Balance before this Agreement: $6,602,672 ($898,038 has been encumbered for design) Balance after this Agreement: $5,504,082 Approximately $9M is expected to be available for the construction of this project in FY 2024-25 as follows: $5,504,082 - Current balance $2,500,000 - City General Fund Budget - Plunge Rehabilitation (FY 2024-25) $1,000,000 - L.A. Chargers Headquarters (Ordinance #1631) - $2,000,000 has been Page 314 of 327 Construction Management Services Agreement for the Urho Saari Swim Stadium Project August 15, 2023 Page 2 of 3 paid to date and is included in the current balance above. In addition, El Segundo Unified School District will contribute the lesser of $1,000,000 or 24% of the facilities renovation cost after the project is complete (Agreement #5586). BACKGROUND: In April 2023, City staff released a request for proposals (RFP) for Construction Management Services for "The Plunge" project ("the Project") in compliance with the Public Contracting Code and the City's municipal code for contracting with the most qualified firm for the Project. The scope of services for construction manager is expected to provide generally includes, but is not limited to, the following: 1. Project management throughout the Project, during the remaining final design phase, and upcoming bidding and construction phases. 2. Value engineering and constructability reviews. 3. Bidding assistance. 4. Managing the project during construction, including conducting meetings, preparing schedules, coordinating submittal and request for information (RFI) processes, and providing recommendations for progress payments and change order requests. 5. Provide full-time inspection services to verify that the contractor's work is performed in accordance with contract documents. 6. Provide material testing and specialty inspections services, as needed. 7. Provide updates to City Council as the Project progresses. DISCUSSION: On June 6, 2023, the City Clerk's office received six proposals from construction management firms as follows: 1. Telacu Construction Management, Inc. 2. Griffin Structures 3. Cordoba Corporation 4. Ledesma & Meyer, Inc. 5. KOA Corporation Page 315 of 327 Construction Management Services Agreement for the Urho Saari Swim Stadium Project August 15, 2023 Page 3 of 3 6. WMG, Inc. City staff, including the City Manager, reviewed all six proposals. These proposals were evaluated and ranked based on consultant team qualifications, project understanding and approach, and overall experience. Griffin Structures and KOA Corporation were ranked the top two firms and were interviewed by a panel on June 27, 2023. KOA Corporation was selected and a fee proposal was negotiated with the firm. The fee proposal is based on a 6-month constructability and bidding period, and a 12-month construction period. Staff respectfully recommends City Council approve the recommendations as noted. With City Council authorization, the construction manager will start work upon finalization and execution of the agreement, starting with constructability reviews and value engineering of the final design documents. CITY STRATEGIC PLAN COMPLIANCE: Goal 4: Develop and Maintain Quality Infrastructure and Technology Objective 4A: El Segundo's physical infrastructure supports an inviting and safe community. Objective 413: El Segundo's technology supports effective, efficient, and proactive operations. PREPARED BY: Cheryl Ebert, Senior Civil Engineer REVIEWED BY: Elias Sassoon, Public Works Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Urho Saari Swim Stadium Vicinity Map 2. Urho Saari Swim Stadium Location Map Page 316 of 327 ���/���//J�fJ�� NK �I�I��ff�m�(/f//��ffff✓ �IIf 1 "Ilh � Jlllhii(i�(/F ��ll('Jr/n(>?,N,/I�FCViI�///a/%cflf�✓/lf Gillr,//� , y 0 a� m i H � (n O10 E- N O O N N / ,....... ...........,.. '/mIfN6WasI M 1 . b y�DW19 �Y91ro INlr YNIMHWRL N�Ni�IrlL A MNNX IYrvYW.IGfry WIHIL 1ll9 NY Y,M7IC X _ Uy O OU 16 I, JN 1 l� 0 w, y� E %f �,, rl1/ if d T 0o E I%'° !ti __,�R,„ fly jllf'ggr;ULni „f ` � S ;u jjlV6Murr'A -0 E � o s 0 o / 1 0 0 m o w 0EM 1 E o E Oo YiJV V'�i>�d v YNJ '' yard; '' ° 0 m 3 w 0 ��ryID,V ■� 1 1 re% V%;. Fi. a �„ %�' ';s� � ~ � of aeon 1 �U;o 0. �mI IN ,. C1,54 411 l r" ` ti I;l k 06 a f co i.Ly • / �L` � Il d�' a� � VI A dimy G \V gal f' M arlox>IkIiNl2 01 0 ■� 1. 1 M rrp fid,?I w I I t m w Ca. n Y .: ..... . ff r, co C6 CO o C7 E � � cn .E � cn � � � � � � � ■ 2 � _ cn 0 0 � M 0 _ z A/I 2 :� �� ® : 9� 7 /,y yg. . IS mu%5& §y . � GIRT411 City Council Agenda Statement ELSEGUNDO Meeting Date: August 15, 2023 Agenda Heading: Council Member Baldino Item Number: 17 TITLE: Discussion of Possibly Creating a Planning Commission Subcommittee to Review, Update, and Implement the South Bay Bicycle Master Plan and Other Multi -Model City Initiatives RECOMMENDATION: Discussion and possible action to establish a Planning Commission subcommittee to review, update, and implement the South Bay Bicycle Master Plan, and other multi -model City initiatives. 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: None. BACKGROUND: The City has adopted several transportation related policy documents including, but not limited to, the General Plan Transportation Element (2004), the "El Segundo" chapter of the South Bay Bicycle Master Plan (2011), and transportation related components of the El Segundo Climate Action Plan (2017). Such policy documents include programs and goals geared towards implementing multi - model transportation improvements, including enhanced bicycle and pedestrian facilities, on -street parking improvements, and expanded public transit capabilities throughout the City. Most recently, the City has partnered with the South Bay Cities Council of Governments to implement a pilot Local Travel Network prioritizing neighborhood electric vehicles/micro mobility throughout the City. DISCUSSION: The implementation of policies or programs directed by the Circulation Element, Bicycle Page 319 of 327 Establishment of Planning Commission Subcommittee August 15, 2023 Page 2 of 2 Master Plan, or Climate Action Plan may be limited due to funding availability. Absorbing the scope of multi -model transportation improvements into planned capital improvement projects makes projects more competitive for grant funding and helps augment the overall cost. Capital improvement projects may occasionally be viewed as general maintenance of the City's infrastructure, and do not always result in the implementation of programs/projects of existing policy documents. A Planning Commission subcommittee may work with staff to determine how and where to implement enhanced transportation improvements such as bike lanes, or the Local Travel Network signage, in order to ensure consistency and compatibility of the programs. CITY STRATEGIC PLAN COMPLIANCE: Goal 2: Support Community Safety and Preparedness Objective: El Segundo is a safe and prepared city. Goal 4: Develop and Maintain Quality Infrastructure and Technology Objective 4A: El Segundo's physical infrastructure supports an inviting and safe community. PREPARED BY: Michael Allen, AICP, Development Services Director REVIEWED BY: Michael Allen, AICP, Development Services Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: None Page 320 of 327 GIRT411 City Council Agenda Statement ELSEGUNDO Meeting Date: August 15, 2023 Agenda Heading: Council Member Baldino Item Number: 18 TITLE: Alternate Uses for the Abandoned Reservoir Area at Hilltop Park RECOMMENDATION: 1. Direct staff to analyze alternate uses for the abandoned reservoir area at Hilltop Park. 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: There is no fiscal impact related to this item. If directed, staff would return to City Council with a proposal and related budget request. BACKGROUND: Hilltop Park is located on the corner of Maryland Street and Grand Avenue in El Segundo. There is a city -owned abandoned reservoir adjacent to the current park area that could potentially be converted to additional park and recreation space for the community. DISCUSSION: The abandoned reservoir area at Hilltop Park could be better utilized for green space, a small ball field (see attached images), or other recreational uses. If directed, staff would analyze potential uses and return to City Council with design concepts. CITY STRATEGIC PLAN COMPLIANCE: Goal 1: Enhance Customer Service, Diversity, Equity, Inclusion and Communication Objective 1A: El Segundo provides unparalleled service to all customers. Page 321 of 327 Hilltop Park August 15, 2023 Page 2 of 2 Goal 4: Develop and Maintain Quality Infrastructure and Technology Objective 4A: El Segundo's physical infrastructure supports an inviting and safe community. PREPARED BY: Barbara Voss, Deputy City Manager REVIEWED BY: Darrell George, City Manager APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: Hilltop Park Abandoned Reservoir Images Page 322 of 327 Hilltop Park Abandoned reservoir is about one acre of land. Page 323 of 327 Walton (AA) Field measured at about one acre. Page 324 of 327 Page 325 of 327 GIRT411 City Council Agenda Statement ELSEGUNDO Meeting Date: August 15, 2023 Agenda Heading: Council Member Giroux Item Number: 19 TITLE: Diversity, Equity, and Inclusion Committee Student Representatives RECOMMENDATION: 1. Approve a one-year pilot that would appoint two adult representatives from ESUSD and/or DaVinci High School to the City's Diversity, Equity, and Inclusion (DEI) Committee in lieu of filling the two current vacancies. 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: No fiscal impact. BACKGROUND: The City of El Segundo formed the Diversity, Equity, and Inclusion Committee (DEI) in October 2020 with the goal of activating efforts to integrate diversity, equity, and inclusion into City decisions. The committee work plan included public safety, citywide organization, the community at large, and the local economy. DISCUSSION: This one-year pilot would appoint two adult representatives from ESUSD and/or DaVinci High School to the City's DEI Committee in lieu of filling the DEI Committee's two current vacancies. If either district declines the open seat, City Council would conduct interviews to fill the vacancy(ies). CITY STRATEGIC PLAN COMPLIANCE: Goal 1: Enhance Customer Service, Diversity, Equity, Inclusion and Communication Objective 1A: El Segundo provides unparalleled service to all customers. Page 326 of 327 DEI Committee August 15, 2023 Page 2 of 2 Objective 1 B: El Segundo's engagement with the community ensures excellence. PREPARED BY: Brandee Thornton, Sr. Admin Specialist REVIEWED BY: Aly Mancini, Recreation, Parks and Library Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: Page 327 of 327