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2024-09-03 CC Agenda PacketAGENDA EL SEGUNDO CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 3, 2024 4.00 PM - CANCELLED 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 Mark Hensley, City Attorney Barbara Voss, Deputy City Manager Paul Chung, Chief Financial Officer Saul Rodriguez, Police Chief George Avery, Fire Chief Michael Allen, Community Development Dir. Rebecca Redyk, HR Director Jose Calderon, IT Director Elias Sassoon, Public Works Dir. Aly Mancini, Recreation, Parks & Library 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 Pagel of 379 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 www.elsegundo.org 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 https://zoom.us/m/ 81951332052 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 https.11www.else_qundo.or_g4governmentldepartmentslcitV-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 379 4:00 PM CLOSED SESSION — CANCELLED 6:00 PM — CONVENE OPEN SESSION — CALL TO ORDER / ROLL CALL INVOCATION — Pastor Scott Tannehill, Bridge Church PLEDGE OF ALLEGIANCE — Council Member Pirsztuk SPECIAL PRESENTATIONS Congressional Support for Community Safety: Congressional Representative Ted Lieu Announcement of Grant to Upgrade the City's Emergency Operations Center 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) Read All Ordinances and Resolutions on the Agenda by Title Only Recommendation - Approval B. CONSENT 2. City Council Meetina Minutes Recommendation - 1. Approve Regular and Special City Council meeting minutes of August 20, 2024. 2. Alternatively, discuss and take other action related to this item. 3. Warrant Demand Register for July 29, 2024 through August 18, 2024 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 3A, 3B and 4A: warrant numbers 3051682 through 3052039, and 9003199 through 9003215. 3 Page 3 of 379 3. Alternatively, discuss and take other action related to this item. 4. Fiscal Year 2024-25 Adopted Budget Increase for Fiscal Year 2023-24 Continuina Aaaroariations Recommendation - 1. Approve continuing appropriations from FY 2023-24 to FY 2024-25, thereby amending the Fiscal Year 2024-25 Adopted Budget in the Funds and by the amounts contained in Attachment 1. 2. Alternatively, discuss and take other action related to this item. 5. Construction Contract with CJ Concrete Construction for $178,073 for FY 2024-25 Concrete Imorovements Proiect No. PW 24-09 Recommendation - Authorize the City Manager to execute a standard Public Works Construction Contract with CJ Concrete Construction for $178,073 for the FY 2024-25 concrete improvements project No. PW 24-09, and authorize an additional $17,807 as contingency funds for potential unforeseen conditions. 2. Alternatively, discuss and take other action related to this item. 6. Second Reading of an Ordinance Amending El Segundo Municipal Code Chapter 1-6 (Personnel Merit System) to Remove the Senior Civil Engineer from the List of Positions Exemat from the Civil Service Svstem Recommendation - 1. Waive the second reading, including by title, and adopt an Ordinance amending El Segundo Municipal Code Chapter 1-6 to reduce the list of positions exempt from the Civil Service System. 2. Alternatively, discuss and take other action related to this item. 7. Resolution Approving Plans and Specifications for the Library Elevator Modernization Project Recommendation - Adopt a resolution approving engineering plans and construction specifications for the Library Elevator Modernization Project No. PW 24- 03 to avail the City of Government Code § 830.6 immunities and establishing a project payment account. 2. Authorize staff to advertise the project for construction bidding. 0 Page 4 of 379 3. Alternatively, discuss and take other action related to this item. 8. Notice of Completion for City Hall Phase 2 Improvements Project Recommendation - Accept the City Hall Phase 2 Improvements Project No. PW 23-09 by MCM Construction, Inc. as complete. 2. Authorize and direct the City Clerk to file the attached Notice of Completion with the Los Angeles County Recorder's Office. 3. Alternatively, discuss and take other action related to this item. 9. Agreement with Tec-Refresh, Inc. to Renew Palo Alto Networks Firewall Support Recommendation - 1. Authorize the City Manager to execute a one-year hardware and subscription support renewal agreement with Tec-Refresh, Inc. for $127,801.18 to provide continued internet access and cybersecurity protection as a cooperative purchase pursuant to ESMC § 1-7-9(C). 2. Alternatively, discuss and take other action related to this item. 10. Resolution Finding a Local Emergency Has Existed Due to a Sinkhole on Grand Avenue and Contract for Emergency Construction Services Without Public Biddina Pursuant to Public Contract Code & 22050 Recommendation - Pursuant to Public Contract Code §§ 22050 and 20168, adopt a resolution by four -fifths vote, confirming that a local emergency, as declared by the City Manager, has existed and authorizing emergency contracting without public bidding. 2. Award a contract to Williams Pipeline Contractors, Inc. for the emergency repair of the damaged storm drain pipe that caused a sinkhole on Grand Avenue. 3. Appropriate $100,000 ($90,000 plus $10,000 contingency) from the General Fund Reserves to FY 2024-25 budget expenditure account 001- 400-4302-6215. 4. Authorize the City Manager (or his designee) to execute any documents or agreements needed to complete the necessary emergency repairs. 5 Page 5 of 379 11. Designation of Voting Delegate and Alternate to the Cal Cities - 2024 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. C. PUBLIC HEARINGS D. STAFF PRESENTATIONS 12. Water Tower Illumination Schedule Recommendation - 1. Consider and provide direction regarding three proposed options for City water tower illumination. 2. Authorize the City Manager to implement the recommended schedule. 3. Alternatively, discuss and take other action related to this item. 13. Memorandum of Understanding Between the City of El Segundo and the El Segundo City Employees' Association, American Federation of State, County, and Municipal Employees, Local 3519 Bargaining Unit and Amendment to the City Contributions for California Public Employees' Retirement Svstem Medical Premiums Recommendation - 1. Adopt a resolution approving and adopting the memorandum of understanding between the City of El Segundo and the El Segundo City Employees' Association's American Federation of State, County, and Municipal Employees, Local 3519 Bargaining Unit. 2. Adopt a resolution amending the City contributions for California Public Employees' Retirement System medical premiums pursuant to the memorandum of understanding between the City of El Segundo and the bargaining unit. 3. Appropriate $815,330 from the General Fund reserves to the various FY 2024-25 salaries and wages budget expenditure accounts. 4. Alternatively, discuss and take other action related to this item. 0 Page 6 of 379 14. Second Amendment to the City Manager's Employment Agreement, a Resolution Adjusting Associated Salary Range, and Accompanying Budget Appropriation Recommendation - 1. Approve a second amendment to the City Manager's employment agreement to provide a four percent (4%) base salary increase ($280,800 to $292,032) and extend the term through June 30, 2026. 2. Adopt a resolution to correspondingly adjust the annual salary range for the City Manager job classification. 3. Appropriate $14,351 to the FY 2024-25 budget to associated expenditure accounts. 4. Alternatively, discuss and take other action related to this item. 15. Approval of the Revised Athletic Field/Facility Use and Allocation Poli Recommendation - 1. Approve the revisions to the Athletic Field/Facility Use and Allocation Policy 2. Alternatively, discuss and take other action related to this item. 16. First Reading of an Ordinance Amending El Segundo Municipal Code Titles 7, 9, and 10 to Establish Camping and Associated Regulations on Public Property and Rules of Conduct for the El Segundo Public Library Recommendation - Read by title only, waive further reading, and introduce the proposed ordinance amending El Segundo Municipal Code Titles 7, 9, and 10 to establish camping and associated regulations on public property and rules of conduct for the El Segundo Public Library and find that such actions are exempt from the California Environmental Quality Act, pursuant to Guidelines §§ 15060(c)(3), 15061(b)(3), and 15378. 2. Direct staff to schedule a second reading of the ordinance for the regular September 17, 2024 City Council meeting or as soon thereafter it may be considered. 3. Alternatively, discuss and take other action related to this item. 7 Page 7 of 379 17. Agreement with Nationwide Environmental Services for Citywide Street Sweeping Services Recommendation - 1. Waive the formal bidding and authorize the City Manager to execute a new five-year agreement with Nationwide Environmental Services for a total amount not to exceed $2,817,235.28 for citywide street sweeping services pursuant to ESMC § 1-7-9(A) and appropriate $306,000 funding to the FY 2024-25 budget to expenditure account 001-400-4201-6206. 2. Alternatively, the City Council may authorize the City Manager to execute an amendment to Agreement No. 5758 with Nationwide Environmental Services to extend the term for six months, with the addition of a prevailing wage requirement, which would require an additional appropriation of $153,000 for FY 2024-25. During the six-month extension, staff would issue a request for proposals for street sweeping services and return to City Council with a proposed agreement. 3. Alternatively, discuss and take other action related to this item. E. COMMITTEES, COMMISSIONS AND BOARDS PRESENTATIONS 18. Multi -Model Transportation Subcommittee Update Recommendation - 1. Receive and file the Multi -Model Subcommittee update. 2. Alternatively, discuss and take other action related to this item. F. REPORTS - CITY CLERK G. REPORTS - CITY TREASURER 19. Investment Portfolio Report for June 2024 Recommendation - 1. Receive and file the Investment Portfolio Report dated June 2024. 2. Alternatively, discuss and take other action related to this item. H. REPORTS - COUNCIL MEMBERS COUNCIL MEMBER BALDINO Page 8 of 379 COUNCIL MEMBER GIROUX 20. Resolution to Amend Preferential Parking Zone 3 Recommendation - 1. Adopt resolution to add restrictions to Preferential Parking Zone 3, including E. Pine Avenue from Kansas Street to Washington Street; and allowing overnight parking with a permit (from 6 p.m. to 6 a.m.) along the west side of Illinois Street from E. Mariposa Avenue to E. Holly Avenue. 2. Alternatively, discuss and take other action related to this item. COUNCIL MEMBER PIRSZTUK MAYOR PRO TEM PIMENTEL MAYOR BOYLES I. REPORTS - CITY ATTORNEY 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 29, 2024 TIME: 10:30 AM BY: Tracy Weaver, City Clerk 0 Page 9 of 379 SPECIAL MEETING MINUTES OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 20, 2024 (Meeting ran concurrently with regular scheduled closed session) CLOSED SESSION — Mayor Boyles called the meeting to order at 4:00 PM. 0eI1111111110N_1II Mayor Boyles Mayor Pro Tern Pimentel Council Member Pirsztuk Council Member Giroux Council Member Baldino - Present - Present - Present at 4:02 PM - Present - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5-minute limit per person, 30-minute limit total) SPECIAL ORDER OF BUSINESS: Mayor Boyles announced that Council would be meeting in closed session pursuant to the items listed on the agenda. we] ►1921V21►[y2RTd/II:IIxe1_1W9011J►6y21W_1►11us] lU_1I121911111119leL19Eel 0 INITIATION OF LITIGATION PURSUANT to (Government Code §54956.9(d)(4)): -1- matter(s). Adjourned at 5:50 PM Tracy Weaver, City Clerk EL SEGUNDO CITY COUNCIL SPECIAL MEETING MINUTES AUGUST 20, 2024 PAGE 1 Page 10 of 379 MEETING MINUTES OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 20, 2024 CLOSED SESSION — Mayor Boyles called the meeting to order at 4.00 PM. ROLL CALL Mayor Boyles Mayor Pro Tern Pimentel Council Member Pirsztuk Council Member Giroux Council Member Baldino - Present - Present - Present at 4.02 PM - Present - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5-minute limit per person, 30-minute limit total) SPECIAL ORDER OF BUSINESS: Mayor Boyles 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. Retired Police Chief Jaime Bermudez Workers' Compensation Claim (WCAB) No. 23-174903. PUBLIC EMPLOYMENT (GOV'T CODE § 54957) -1- MATTER(S) 1. City Manager Performance Evaluation CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Government Code §54957.6): - 2- MATTER(S) 1. Unrepresented Employee: City Manager City Negotiators: City Attorney and Human Resources Director 2. Employee Organizations: City Employee Association (CEA). Representative: City Manager, Darrell George, Human Resources Director, Rebecca Redyk, Laura Drottz Kalty, and Alex Volberding. Adjourned at 5:50 PM OPEN SESSION — Mayor Boyles called to order at 6:00 PM ROLL CALL EL SEGUNDO CITY COUNCIL MEETING MINUTES AUGUST 20, 2024 PAGE 1 Page 11 of 379 Mayor Boyles - Present Mayor Pro Tern Pimentel - Present Council Member Pirsztuk - Present Council Member Giroux - Present Council Member Baldino - Present INVOCATION — Father Alexei Smith, St. Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Council Member Baldino SPECIAL PRESENTATIONS: 1. City Council recognized Commissioner Brenda Newman for her 15 years of dedicated service on the Planning Commission. 2. Council recognized the El Segundo High School's Winter Guard Team. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5-minute limit per person, 30-minute limit total) Anya Goldstein, resident, commented on the Lighting of the Water Tower during June for LBGQT+ month. Genesis Puckett, resident, commented on the Lighting of the Water Tower during June for LBGQT+ month. Kat Glaudini, resident, commented on the Lighting of the Water Tower during June for LBGQT+ month. Susan Bowling, resident, commented on the Lighting of the Water Tower during June for LBGQT+ month. Brendan Gormley, resident, commented on item #1316, AYSO Fee Waiver for Opening Day Parade. Lisa Broderick, resident, commented on traffic issues and incidents on McCarthy Court and is asking for assistance to mediate the issues. Adriana legre, resident, commented on the Lighting of the Water Tower during June for LBGQT+ month. Sean O'Brien, resident, commented on the Lighting of the Water Tower during June for LBGQT+ month. Mark Feldman, Attorney for Dash Construction, commented on item #138, protesting the bid. Majid Hajizadeh, with Dash Construction, commented on item #138, protesting the bid. Diane Sambrano invited the community to the Historic Centinela Adobe Fiesta that will take place on September 8, 2024 in the City of Inglewood. John Paul Cosico, with Dash Construction, commented on item #B8, protesting the bid. CITY MANAGER FOLLOW-UP COMMENTS: 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. 5/0 EL SEGUNDO CITY COUNCIL MEETING MINUTES AUGUST 20, 2024 PAGE 2 Page 12 of 379 B. CONSENT: 3. Approve regular City Council meeting minutes of July 2, 2024. 4. Approve warrants demand register for June 10, 2024 through July 28, 2024, numbers 24A, 24B, 25A, 1A, 2A, 2B and 2C: warrant numbers 3050989 through 3051681, and 9003179 through 9003198. Ratify Payroll and employee benefit Checks; Checks released early due to contracts or agreement; Emergency disbursements and/or adjustments; and, Wire transfers. (Fiscal Impact: ($3,175,115.40 in check warrants and $4,568,978.07 in wire warrants) 5. Adopt Resolution No. 5498 approving plans and specifications for pump stations maintenance and on -call repair services, establish a project payment account, avail the City of the immunities set for in Government Code § 830.6 and authorize staff to advertise the project for bid. (Fiscal Impact: $1,000,000 over a five-year period, included in the FY 2024-25 budget) 6. Accept the Library wall repairs and waterproofing by Cornerstone Construction Group, Inc. as complete (Project No. PW 23-14). (Fiscal Impact: $144,901, included in the FY 2023-24 Capital Improvement Project ("CIP) budget) 7. Authorize the City Manager to execute standard Public Works Construction Contract No. 7064 with CJ Concrete Construction for $223,400 for the CDBG ADA Curb Ramp Installation and authorize an additional $22,400 as contingency funds for potential unforeseen conditions. (Project No. PW 24-05 (CDBG Project 602708-23)) (Fiscal Impact: $245,800, included in adopted FY 2024-25 budget) 8. PULLED BY MAYOR PRO TEM PIMENTEL 9. Authorize the City Manager to execute an amendment No. 4581 D with Equinix to extend the term for three years for an additional $298,946.66 to lease secure data center storage capacity pursuant to El Segundo Municipal Code Chapter 1- 7A. (Fiscal Impact: $105,600, year one contract costs were included in FY 2024-25 adopted budget. Contractual costs for years two and three will be included in future proposed budgets) 10. Exempt the City's formal bidding requirements pursuant to El Segundo Municipal Code § 1-7-9(C) and award Contract No. 7065 to West Coast Arborists for $204,000 for tree maintenance services and authorize the City Manager to execute a tree maintenance services agreement with West Coast Arborists pursuant to El Segundo Municipal Code Chapter 1-7A. (Fiscal Impact: $204,000, included in the FY 20274-25 budget) EL SEGUNDO CITY COUNCIL MEETING MINUTES AUGUST 20, 2024 PAGE 3 Page 13 of 379 11. Authorize the City Manager to execute a third amendment No. 6580C with Arroyo Background Investigations to increase the contract amount by $10,000 for a total not -to -exceed amount of $80,000 per fiscal year. The contract term is extended from January 31, 2026 to June 30, 2026, to align with the end of the fiscal year pursuant to El Segundo Municipal Code Chapter 1-7A. (Fiscal Impact: $10,000, included in the FY 2024-25 budget) 12. Authorize the City Manager to execute a second amendment No. 6539B with Phoenix Group Information Systems to increase the amount by $15,000 for a total contract amount not -to -exceed $80,000 per fiscal year. The contract term is extended from January 2, 2026, to June 30, 2026, to align with the end of the fiscal year pursuant to El Segundo Municipal Code Chapter 1-7A (Fiscal Impact: Not to exceed $15,000, included in the FY 2024-25 budget) 13. Approve letter of support for the proposed August 2025 Los Angeles Jazz Festival. (Fiscal Impact: To be determined when specific details are available. Anticipated fiscal impact includes increased Transient Occupancy Tax and Sales Tax revenue to the city as a result of the event) 14. Waive formal bidding requirements pursuant to El Segundo Municipal Code § 1- 7-9(A) to purchase a self-contained breathing apparatus air compressor/fill station using Fiscal Year 2021 State Homeland Security Grant Program reimbursable funding, authorize the City Manager to sign Agreement No. 7066 and associated documentation with Compressed Air Specialties to facilitate the purchase pursuant to El Segundo Municipal Code Chapter 1-7A and establish a revenue budget of $100,000 for FY 2024-25. (Fiscal Impact: $110,000 — the total cost of the self-contained breathing apparatus (SCBA) air compressor/fill station is $110,000. $100,000 is covered under the FY 2021 State Homeland Security Grant Program and was included in the FY 2024-25 budget. The additional cost of $10,000 will be covered in the Fire Department General Fund operating budget. This requires a revenue budget to set at $100,000) 15. Authorize the acceptance of a $228,375 grant award Agreement No. 7067 from the Los Angeles County Homeless Outreach Services Team grant to reimburse the El Segundo Police Department overtime costs and homeless outreach detail, to be disbursed over three fiscal years ($76,125 per year), establish a revenue budget of $76,125 for FY 2024-25 and authorize an additional appropriation of $51,125 for a total of $76,125.00 for FY 2024-25. (Fiscal Impact: $25,000 — this program has no fiscal impact; it is 100% reimbursed through the Los Angeles County Homeless Outreach Services Team (HOST) program. $25,000 was included in the FY2024-25 budget. The El Segundo Police Department (ESPD) requests an additional appropriation of $51, 125 for a total of $76,125 for FY 2024-25. This requires a revenue budget of $76,125 to be established for FY 2024-25) 16. PULLED BY MAYOR BOYLES EL SEGUNDO CITY COUNCIL MEETING MINUTES AUGUST 20, 2024 PAGE 4 Page 14 of 379 MOTION by Council Member Baldino, SECONDED by Council Member Giroux, approving Consent items 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, and 15. MOTION PASSED. 5/0 PULLED ITEMS: 8. Construction Contract With LCR Earthwork and Engineering, Corp. for $2,018,103.97 and Associated Professional Services Agreement for $142,114 with Anser Advisory for the FY 2024-25 Pavement Rehabilitation Project No. PW 24-08 (Fiscal Impacts: $ 2,376,23, included in the FY 2024-25 budget) Mayor Pro Tern Pimentel asked for clarification from the City Attorney regarding the bid process. Council discussion MOTION by Mayor Pro Tern Pimentel, SECONDED by Council Member Baldino authorizing the City Manager to execute standard Public Works Construction Contract No. 7068 with LCR Earthwork and Engineering, Corp. for $2,018,104 for the FY 2024- 25 Pavement Rehabilitation Project, authorize an additional $201,810 as contingency funds for potential unforeseen conditions and authorize the City Manager to execute standard Professional Services Agreement No. 7069 with Anser Advisory in the amount of $142,114 for construction inspection and testing services, and authorize an additional $14,211 for construction -related contingencies pursuant to El Segundo Municipal Code Chapter 1-7A. (Project No. PW 24-08). MOTION PASSED. 5/0 16. Waiver of Special Event Permit Fees (75%) for El Segundo AYSO Region 92 Opening Day Parade (Fiscal Impact: Fee waiver for event would total approximately $15,342.18) Mayor Boyles asked about a 75% fee waiver vs 100% fee waiver. Aly Mancini, Recreation, Parks, and Library Director answered Council's questions regarding the fee waiver policy. Council discussion MOTION by Council Member Baldino, SECONDED by Mayor Boyles approving a 75% waiver of special event permit fees for the AYSO Region 92 Opening Day Parade. MOTION PASSED. 3/2 Yes: Boyles Giroux Baldino No: Pirsztuk Pimentel E. COMMITTEES, COMISSIONS AND BOARDS PRESENTATIONS: (Moved forward on the agenda at the request of Mayor Boyles) 22. Library Board of Trustees Presentation (Fiscal Impact: None) EL SEGUNDO CITY COUNCIL MEETING MINUTES AUGUST 20, 2024 PAGE 5 Page 15 of 379 Eric Hoffman Chairperson gave the update. Council discussion Council Consensus to receive and file the update. 23. Recreation and Parks Commission Update Bob Motta, Recreation and Parks Commission Chairperson gave the update and presentation. Council discussion Council consensus to receive and file the update. STAFF PRESENTAIONS: Council Member Giroux and Baldino recused themselves from the dais for item #17 due to having children who work for the Recreation and Parks Department. 17. Revised Classification Specifications and Resolution Establishing Basic Salary Ranges for Recreation Leader, Senior Recreation Leader, and Recreation Specialist; and Elimination of Recreation Assistant Classification (Fiscal Impact: The annual fiscal impact of adopting the recommended salary ranges is dependent on the City's ability to hire staff to work all projected budgeted hours. Assuming all budgeted hours are worked, the total annual maximum fiscal impact is approximately $144,387. The total includes the following: Recreation Leader: $114,717, Senior Recreation Leader: $18,758, and Recreation Specialist: $10,912. The staff is requesting additional appropriations from General Fund Reserves for the various accounts: 001 -400-5201 -Recreation Operations: $118,693, 001-400- 5203-Recreation Cultural Arts: $3,275, 001-400-5204-Recreation Sports: $16,624, 001-400-5205-Recreation Teen Center: $1,334, 001-400-5206- Recreation Joslyn Center: $1,680, 001-400-5213-Wiseburn Aquatics Center: $2,777) Rebecca Redyk, Human Resources Director reported on the item. Council Discussion MOTION by Mayor Boyles, SECONDED by Council Member Pirsztuk approving the revised classification and specifications for the Recreation Leader, Senior Recreation Leader, and Recreation Specialist positions. MOTION PASSED. 3/0 Mark Hensley, City Attorney, read by title only; N40-160111111 Kel 0 111�[61&T,I 1$61 EL SEGUNDO CITY COUNCIL MEETING MINUTES AUGUST 20, 2024 PAGE 6 Page 16 of 379 RESOLUTION ESTABLISHING BASIC SALARY RANGES FOR PART-TIME JOB CLASSIFICATIONS MOTION by Mayor Boyles, SECONDED by Mayor Pro Tern Pimentel adopting Resolution No. 5499. MOTION PASSED. 3/0 MOTION by Mayor Boyles, SECONDED by Mayor Pro Tern Pimentel to eliminate the Recreation Assistant classification. MOTION PASSED. 3/0 Council Members Giroux and Baldino returned to the dais. 18. First Reading of an Ordinance Amending El Segundo Municipal Code Chapter 1- 6 (Personnel Merit System) to Remove the Senior Civil Engineer Under the List of Positions Exempt from the Civil Service System and Revised Classification Specification for Senior Civil Engineer (Fiscal Impact: None) Rebecca Redyk, Human Resources Director reported on the item. Council Discussion Mark Hensley, City Attorney, read by title only; ORDINANCE NO. 1663 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE CHAPTER 1-6 (PERSONNEL MERIT SYSTEM) TO REMOVE THE SENIOR CIVIL ENGINEER FROM THE LIST OF POSITIONS EXEMPT FROM THE CIVIL SERVICE SYSTEM. Mayor Pro Tern Pimentel introduced the Ordinance. Second reading and possible adoption will be at the regular City Council meeting on September 3, 2024. MOTION by Council Member Baldino, SECONDED by Mayor Pro Tern Pimentel approving the revised classification specification for Senior Civil Engineer. MOTION PASSED. 5/0 19. Agreements for City's Replacement Enterprise Resource Planning System and Related Management Services (Fiscal Impact: The total cost for implementation and post implementation of the new Tyler Enterprise enterprise resource planning (ERP) software for the first five years is approximately $2.2 million. The total for Tyler Technologies is $1.8 million. The Project Management consulting services agreement for two years is approximately $240,000. The temporary employee's cost for staff coverage is approximately $100,000. See table in staff report for the cost breakdown of the ERP project) EL SEGUNDO CITY COUNCIL MEETING MINUTES AUGUST 20, 2024 PAGE 7 Page 17 of 379 Jose Calderon, IT Services Director, Paul Chung, Chief Financial Officer, Rebecca Redyk, Human Resources Director, and representative from Tyler Technologies gave a presentation. Representatives from Tyler Technologies and Koa Hills Consulting were available to answer questions. Council discussion MOTION by Council Member Pirsztuk, SECONDED by Council Member Baldino exempting the City's formal bidding requirements pursuant to El Segundo Municipal Code §§ 1-7-9(A) and 1-7-9(C) and award a Contract No. 7070 to Tyler Technologies and Authorize the City Manager to execute a five-year software license agreement with Tyler Technologies to provide enterprise resource planning implementation services and licenses totaling $1,874,544 over the course of the contract. MOTION PASSED. 3/2 Yes: Pirsztuk Giroux Baldino No: Boyles Pimentel MOTION by Council Member Baldino, SECONDED by Council Member Pirsztuk authorizing the City Manager to execute a two-year professional services Agreement No. 7071 with Koa Hills Consulting to provide project management for enterprise resource planning services totaling $240,000 pursuant to El Segundo Municipal Code Chapter 1-7A. MOTION PASSED. 5/0 d9��"FUF-3[0 WLVA Reconvened at 8:05 PM 20. Measure C Sales Tax Implementation (Fiscal Impact: See Staff Report for complete description of fiscal impact) Paul Chung, Chief Financial Officer gave a presentation. Council discussion Council consensus to bring the item back to suspend Measure C. The item will be brought back to the September 3, 2024 City Council meeting. 21. CalPERS FY 2023-24 Investment Performance (Fiscal Impact: None) Paul Chung, Chief Financial Officer reported on the item. Council discussion Council consensus to receive and file the report. E. COMMITTEES, COMISSIONS AND BOARDS PRESENTATIONS: Moved forward on the agenda EL SEGUNDO CITY COUNCIL MEETING MINUTES AUGUST 20, 2024 PAGE 8 Page 18 of 379 F. REPORTS — CITY CLERK — Stated the nomination period is now over and there are six candidates for City Council, and no one pulled papers for the City Clerk seat. G. REPORTS — CITY TREASURER — Not present :�:3�1�]:i���Z�1�1�[yl�►�I�►�1:3�:� Council Member Baldino — Thanked the Chamber of Commerce for hosting the Main Street Car Show this past weekend, thanked staff for organizing the Hyperion Tour that took place a week ago, and invited everyone to the Artwalk this Saturday, August 24, 2024. Council Member Giroux — Asked staff to bring back the Preferential Parking Zone 3 pilot program for further discussion; to include E. Pine Avenue from Kansas Street to Washington Street and the possibility of overnight parking with permit at Holly/Kansas park to the next City Council meeting. Council Member Giroux gave an update on the bicyclist who was hit in El Segundo, Jorge Santos and mentioned Rock N Brews will holding a fundraiser for Mr. Santos all day this Friday, with 20% of food and beverage sales going to Mr. Santos. Council Member Pirsztuk — Attended the SBCOG meeting, where Elias Sassoon, Public Works Director and team received a Gold Level Energy and Climate award, congratulated the City on the groundbreaking of the Plunge Restoration Project, and praised George Avery, Fire Chief and team for the dedication of the AED machine at the Recreation and Park Pickleball courts in the name of Victoria Gustafson, who's life was saved by quick thinking friends and the Fire Department. Mayor Pro Tern Pimentel — Attended a meeting with the new leadership at LAX; discussed the "people mover" project, cargo terminals and terminal 9 (United Airlines). Attended the COG Transit meeting; Vincent Thomas Bridge will be closed down for 18 months, gave an update on the Metro; reported their ridership data is at 80% of what is was before the pandemic. Mentioned, due to excellent leadership, such as Elias Sassoon, Public Works Director, the COG is culling projects that are dormant and legacy multimillion dollar transit projects and El Segundo is the first City up. Attended South Bay Alliance meeting, attended the Public Safety Task Force meeting and attended Disaster Council meeting. Mayor Boyles — Mentioned Council is back after Summer recess, during this time the Mayor met with several real estate professionals regarding information on the marketplace and data in El Segundo, met with several business owners in El Segundo regarding "deep tech" week to be held in El Segundo, met with the new Superintendent of El Segundo Unified School District, attended an Economic Corp meeting at Loreal, and attended the opening of the Chargers facility and training camp. Southern California Association of Governments has been dark for the summer. EL SEGUNDO CITY COUNCIL MEETING MINUTES AUGUST 20, 2024 PAGE 9 Page 19 of 379 24. Amendment to Agreement with Dr. Michael Stenstrom to Augment Scope of Services to Address Ongoing Issues with the Hyperion Facility (Fiscal Impact: Not to exceed $75,000 per year) Mayor Boyles discussed the item. Council discussion MOTION by Council Member Pirsztuk, SECONDED by Council Member Baldino authorizing the City Manager to Amend No. 6604A the existing professional services agreement with Dr. Michael Stenstrom to include additional support to assist the City with managing Hyperion activities more directly and respond to all issues related to resident complaints. MOTION PASSED. 5/0 REPORTS — CITY ATTORNEY — No report J. REPORTS/FOLLOW-UP — CITY MANAGER — Gave an update on Hyperion Water Reclamation Plant. MEMORIAL — None Adjourned at 9:15 PM Tracy Weaver, City Clerk EL SEGUNDO CITY COUNCIL MEETING MINUTES AUGUST 20, 2024 PAGE 10 Page 20 of 379 City Council Agenda Statement F I, F �' t 1\ 1) 0Meeting Date: September 3, 2024 Agenda Heading: Consent Item Number: B.3 TITLE: Warrant Demand Register for July 29, 2024 through August 18, 2024 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 3A, 3B and 4A: warrant numbers 3051682 through 3052039, and 9003199 through 9003215. 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 2024-2025 Adopted Budget. The total of $9,591,741.69 ($2,759,228.36 in check warrants and $6,832,513.33 in wire warrants) are for demands drawn on the FY 2024- 2025 Budget. :1_T61201:tell] Z 113 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, 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 Page 21 of 379 Warrant Demand Register September 3, 2024 Page 2 of 2 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 Strategy A: Identify opportunities for new revenues, enhancement of existing revenues, and exploration of potential funding options to support programs and projects. PREPARED BY: Liz Lydic, Management Analyst REVIEWED BY: Wei Cao, CPA, CPFO, Finance Manager, Wei Cao, CPA, CPFO, Finance Manager APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Register 3a - summary 2. Register 3b - summary 3. Register 4a - summary Page 22 of 379 30518B2 - 3061770 9003199 - 9003200 001 GENERAL FUND 582.901.67 003 EKPENDASLETRUSTFUND-OTHER 7.500.00 104 TRAFFICSAFETYFUND - 106 STATE GAS TAX FUND 25,488.00 IN ASS GATED RECREATIONAGTIVITIES FUND - 109 ASSET FORFEITURE FUND 18.031,00 110 MEASURE R- ill COMM. DEVF1. BLOCK GRANT - 112 PROP'A'TRANSPORTATION 6.611,35 114 PROP'C'TRANSPORTATION 100.00 115 AIR QUALITY INVESTMENT PROGRAM - 116 HOME SOUND INSTALLATION FUND - 117 HYPERION MITIGATION FUND 04.28 118 TDA ARTICLE3- SS 821 BIKEWAY FUND - 119 MIA GRANT - 121 FEMA 120 C.O.P.S. FUND - 122 LAWA. FUND - 123 PSAF PROPERTY TAX PUBLIC SAFETY - 124 FEDERAL GRANTS - 125 STATE GRANT - 126 AIP CUPA PROGRAM OVERSIGHT SURCHARGE 49.28 127 MEAURE'M. - 128 SB-1 - 129 CERTIFIED ACCESS SPECIALIST PROGRAM - 130 AFFORDABLE HOUSING - 131 COUNTY STORM WATER PROGRAM 2,665.00 132 MEASURES" - 202 ASSESSMENT DISTRICT k73 - 301 CAPITAL IMPROVEMENT FUND 9,436.25 302 INFRASTRUCTURE REPLACEMENT FUND - 311 DEVELOPER IMPACT FEES-GENERALGOVERNME - 312 DEVELOPER IMPACT FEES - LAW ENFORCEMENT - 313 DEVELOPER IMPACT FEES - FIRE PROTECTION - 314 DEVELOPER IMPACT FEES -STORM DRAINAGE - 315 DEVELOPER IMPACT FEES- WATER DISTRIBUTI - 316 DEVELOPER IMPACT FEES- WASTEWATER COLLE - 317 DEVELOPER IMPACT FEES - LIBRARY - 318 DEVELOPER IMPACT FEES -PUBLIC MEETING - 319 DEVELOPER IMPACT FEES -AQUATICS CENTER - 320 DEVELOPER IMPACT FEES - PARKLAND - 405 FACILITIES MAINTENANCE - 501 WA TER UTILITY FUND 52,411.94 502 WASTEWATER FUNO 99.012.84 503 GOLF COURSE FUND - 504 SENIOR HOUSING CITY ATTORNEY 149.00 505 SOLID WASTE FUND - 601 EQUIPMENT REPLACEMENT - 602 LIABILITY INSURANCE 11.619.28 603 WORKER B COMP. RESERVE/INSURANCE 21.86 701 RETIREDEMP. INSURANCE - 702 EXPENDABLE TRUST FUND -DEVELOPER FEES 117.52 703 EXPENDABLE TRUST FUND -OTHER - 704 EXPENDABLE TRUST FUND -OTHER - 708 OUTSIDE SERVICES TRUST TOTAL WARRANTS 81 1179 25 STATE OF CALIFORNIA COUNTY OF LOS ANGELES Information on actual expenditures is available in the Chief Financial Officer's office in the City of El Segundo. I certify as to the accuracy of Me Demands and the avallabllttv of fund for payment thereof. For Approval: Reqular checks held for City council auth,nuallon to release. CODES: NOTES CITY OF EL SEGUNDO WARRANTS TOTALS BY FUND DATE OF APPROVAL: AS OF 8124124 REGISTER # 3a R = Computer Denerated checks for all non9rminI. I.rcency payments for materials. supplies and services in support of City Operations For Ratification: A = Payroll and Employee Benefit checks B - F = Computer generated Earlv Release disbursements and/or adjustments aporovad by the City Manager. Such as: payments for utility services, petty cash and employee travel expanse aimbursements, various refund., contract employee services consistent with current contractual agreements. Instances where prompt payment discounts can be obtained Or late payment penalties con be or situation amens that the Citydiu Manager approves. \/� '\/\^A- \/\' H = atom Ed Release Handwritten Early Release disbursements and/or atliusfinents approved by the City Manager. �� J���/�]�/\/�\/yam//� � \\vim•\I CHIEF FINANCIAL OFFICER: CITY MANAGER. V V �/— DATE: DATE: /rx'- d y / ZO Page 23 of 379 CITY OF EL SEGUNDO WARRANTS TOTALS BY DEPARTMENT AS OF 8/24/24 REGISTER # 3a DEPT# NAME TOTAL GENERAL FUND DEPARTMENTAL EXPENDITURES GENERAL GOVERNMENT 1101 City Council 446.13 1201 City Treasurer 29.12 1300 City Clerk 735.52 2101 City Manager 2,304.58 2102 Communications 140.14 2103 El Segundo Media 2201 City Attorney 93,860.80 2401 Economic Development 91.14 2402 Planning 45.57 2405 Human and Health Services 85.81 2500 Administrative Services 114,571.84 2601 Government Buildings 2,456.05 2900 Nondepartmental 235,199.06 6100 Library 4,440.61 454,406.37 PUBLIC SAFETY 3100 Police 14,037.11 3200 Fire 3,024.39 2403 Building Safety 262.48 2404 Ping/Bldg Sfty Administration 970.48 18,294.46 PUBLIC WORKS 4101 Engineering 7,474.64 4200 Streets 23,683.97 4300 Wastewater 4601 Equipment Maintenance 8,135.49 4801 Administration 64.28 39,358.38 COMMUNITY DEVELOPMENT 5100,5200 Recreation & Parks 51,088.11 5400 CAMPS 4,030.60 55,118.71 EXPENDITURES CAPITAL IMPROVEMENT 9,436.25 ALL OTHER ACCOUNTS 239,565.08 TOTAL WARRANTS 816,179.25 Page 24 of 379 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 07/29/24 THROUGH 08/04/24 Date Payee 7/30/2024 ICRMA 7/30/2024 ICRMA 7/31/2024 CA Infrastructure Bank 8/2/2024 Mission Square 8/2/2024 Mission Square 8/2/2024 Mission Square 8/2/2024 Mission Square 8/2/2024 ExpertPay 07/22/24-07/28/24 Workers Comp Activity 07/22/24-07/28/24 Liability Trust - Claims 07/22/24-07/28/24 Retiree Health Insurance DATE OF RATIFICATION: 08/02/24 TOTAL PAYMENTS BY WIRE: Description 2,691,984.00 Annual Insurance Premium payment 170,332.83 Annual Liability Insurance Assessment payment # 8 of 10 454,289.82 Semi Annual Infrastructure payment 77,001.19 457 payment Vantagepoint 1,080.00 401(a) payment Vantagepoint 3,048.85 401(a) payment Vantagepoint 100.00 IRA payment Vantagepoint 5,134.52 EFT Child support payment 2,099.60 SCRMA checks issued/(voided) - Claim checks issued/(voided) - Health Reimbursment checks issued 3,405,070.81 Certified as to the accuracy of the wire transfers by: Treasury & Custom6r Services Manager Date Chief Financial Officer Date 0,4 -2y City Manager Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 3,405,070.81 PACity Treasurer\Wire Transfers\Wire Transfers 07-01-23 to 6-30-24.xlsx 8/2/ 024 g/ Page 1 � of 379 CITY OF EL SEGUNDO WARRANTS TOTALS BY FUND 3051771 - 3D51849 9003201 - 9003203 001 GENERAL FUND 497.208.01 003 EXPENDABLE TRUST FUND -OTHER - 104 TRAFFIC SAFETY FUND - D6 STATEGASTAXFUND - 108 ABSCOATED RECREATION ACTIVITIES FUND - 109 ASSET FORFEITURE FUND 2.023GB 110 MEASURE"R" - 111 COMM. DEVEL. BLOCK GRANT - 112 PROP"A'TRANSPORTATION 22.711.38 114 PROP'C"TRANSPORTATION - 115 AIR QUALITY INVESTMENT PROGRAM - 116 HOME SOUND INS IALLATION FUND - 117 HYPERION MITIGATION FUND - 118 TDA ARTICLE 3- SB 821 BIKEWAY FUND - 119 MTA GRANT - 121 FIRMA 120 CO PS, FUND 22.675.83 122 L.A W.A. FUND - 123 PSAF PROPERTY TAX PUBLIC SAFETY - 124 FEDERAL GRANTS - 125 STATE GRANT - 125 AIP CUPA PROGRAM OVERSIGHT SURCHARGE 67.330.88 127 MENU RE W" 1.822.51 128 SB 1 in CERTIFIED ACCESS SPECIALIST PROGRAM - 130 AFORDABLL HOUSING - 131 COUNTY STORM WATER PROGRAM - 132 MEASURL'B- - 202 ASSESSMENI UISTRICTN73 - 301 CAPITAL IMPROVEMENT FUND - 302 INFRASTRUCI ORE REPLACEMENT FUND - 311 DEVELOPER IMPACT FEES- GENERAL GOVERNME - 312 DEVELOPER IMPACT FEES - LAW ENFORCEMENT - 313 DEVELOPER IMPACT FEES - FIRE PROTECTION - 314 DEVELOPER IMPACT FEES -STORM DRAINAGE - 315 DEVELOPER IMPACT FEES- WATER DISTRIBUTI - 316 DEVELOPER IMPACT FEES -WASTEWATER COLLE - 317 DEVELOPER IMPACT FEES - LIBRARY - 318 DEVELOPER IMPACT FEES -PUBLIC MEETING - 319 DEVELOPER IMPACT FEES -AQUATICS CENTER - 320 DEVELOPER IMPACTFEES-PARKLAND - 406 FACILITIES MAINTENANCE - `A1 WATER UTILITY FUND 772.914.15 W2 WASTEWATER FUND 4.901.82 W3 GOLF COURSE FUND - 504 SENIOR HOUSING CITY ATTORNEY - 505 SOLIDWASTE FUND - 601 EWIPMENT REPLACEMENT - 602 LIABILITY INSURANCE 800.00 603 WORKERS COMP. RESERVEIINSURANC E - 701 RETIREDEMP. INSURANCE - 702 EXPENDABLE TRUST FUND -DEVELOPER FEES 22.804.85 703 EXPENDABLE TRUST FUND - OTHER - 704 EXPENDABLE TRUST FUND -OTHER - 708 OUTSIDE SERVICES TRUST TOTAL WARRANTS 1.414.982.07 - STATE OF CALIFORNIA COUNTY OF LOS ANGELES Information on actual expenditures is available In the Chief Financial Officers office in the City of El Segundo. 1 certify as to the accumcv of the Demands and the availability of fund for payment thereof. For Approval: Regular checks held for City council authorizatbn to release. CODES: NOTES: R= Computer generated checks for all noremerpencvIumency payments for materials. suoplies and services In support of City Operations For Ratification: A = Payroll and Empbvee Benefit checks B - F = Computer generated Early Release disbursements and/or adjustments approved bV the City Manager. Such as. payments for utility services, petty cash and employee travel expanse reimbursements. various refunds. contract employee services consistent with current contractual agreements, instances Where prompt payment discounts can be obtained or late payment penalties can be avoidetl Or when a siluatlon arises that the CIIV Manager approves. H = Handwritten Early Release disbursements and/or adjustments approved by the City Manager. CHIEF FINANCIAL OFFICER: CITY MANAGER DATE: DATE: DATE OF APPROVAL: AS OF 8124124 REGISTER # 3b Page 26 of 379 CITY OF EL SEGUNDO WARRANTS TOTALS BY DEPARTMENT AS OF 8/24124 REGISTER # 3b DEPT# NAME TOTAL GENERAL FUND DEPARTMENTAL EXPENDITURES GENERAL GOVERNMENT 1101 City Council 529.01 1201 City Treasurer 537.88 1300 City Clerk 1,182.63 2101 City Manager 1,080.26 2102 Communications 2103 El Segundo Media 1,620.94 2201 City Attorney 2401 Economic Development 42,191.30 2402 Planning 3,145.22 2405 Human and Health Services 1,615.00 2500 Administrative Services 99,647.15 2601 Government Buildings 6,276.61 2900 Nondepartmental 661.24 6100 Library 7,565.98 166,053.22 PUBLIC SAFETY 3100 Police 131,974.30 3200 Fire 6,958.12 2403 Building Safety 330.00 2404 Ping/Bldg Sfty Administration 1,480.00 140,742.42 PUBLIC WORKS 4101 Engineering 25,997.85 4200 Streets 79,215.36 4300 Wastewater 4601 Equipment Maintenance 390.89 4801 Administration 203.65 105,807.75 COMMUNITY DEVELOPMENT 5100,5200 Recreation & Parks 19,325.95 5400 , CAMPS 41,204.79 60,530.74 EXPENDITURES CAPITAL IMPROVEMENT ALL OTHER ACCOUNTS 941,857.94 TOTAL WARRANTS 1,414,992.07 Page 27 of 379 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 08/05/24 THROUGH 08/11/24 Date Payee Description 8/5/2024 IRS 329,274.42 Federal941 Deposit 8/5/2024 Employment Development 6,114.59 State SDI payment 8/5/2024 Employment Development 74,702.42 State PIT Withholding 8/5/2024 Credit Card Fees 5.00 Credit Card Fees - July 2024 8/9/2024 Cal Pers 673,374.62 EFT Health Insurance Payment 07/29/24-08/04/24 Workers Comp Activity 39,761.39 SCRMA checks issued/(voided) 07/29/24-08/04/24 Liability Trust - Claims 805.22 Claim checks issued/(voided) 07/29/24-08/04/24 Retiree Health Insurance 11,116.00 Health Reimbursment checks issued 1,135,153.66 DATE OF RATIFICATION: 08/09/24 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: gjg �a y Treasury & Customer S rvices Manager Date �,-//-(/Z-y Date 8-rT'2 Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 1,135,153.66 PACity Treasurer\Wire Transfers\Wire Transfers 07-01-23 to 6-30-24.xlsx 8/9/2024 1/1 Page 28 of 379 CITY OF EL SEGUNDO WARRANTS TOTALS BY FUND 3051850 - 3052039 9003204 - 9003215 001 GENERALFUND 349,628.95 003 EXPENDABLE TRUST FUND -OTHER - 104 TRAFFIC SAFETY FUND - 108 STATE GAS TAX FUND - 108 ASSOCIATED RECREATION ACTIVITIES FUND - 109 ASSET FORFEITURE FUND 17,840.00 110 MEASURE"R" - Ill COMM. REVEL. BLOCK GRANT - 112 PROP'A'TRANSPORTATION - 114 PROP'C"TRANSPORTATION - 115 AIR QUALITY INVESTMENT PROGRAM - 116 HOME SOUND INSTALLATION FUND - 117 HYPERION MITIGATION FUND - 118 TDA ARTICLE 3- S882181KEWAY FUND - 119 MTA GRANT 121 FEMA 120 C.O.P.S. FUND 18,gg3.16 122 L.A.W.A. FUND - 123 PSAF PROPERTY TAX PUBLIC SAFETY - 124 FEDERAL GRANTS - 125 STATE GRANT 276.40 120 AIP CUPA PROGRAM OVERSIGHT SURCHARGE 80.00 127 MEAURE"M" - 128 SB-1 129 CERTIFIED ACCESS SPECIALIST PROGRAM - 130 AFFORDABLE HOUSING - 131 COUNTY STORM WATER PROGRAM 9,785.00 132 MEASURE"B' - 202 ASSESSMENT DISTRICT#73 - 301 CAPITAL IMPROVEMENT FUND - 302 INFRASTRUCTURE REPLACEMENT FUND - 311 DEVELOPER IMPACT FEES- GENERAL GOVERNME - 312 DEVELOPER IMPACT FEES -LAW ENFORCEMENT - 313 DEVELOPER IMPACT FEES - FIRE PROTECTION - 314 DEVELOPER IMPACT FEES -STORM DRAINAGE - 315 DEVELOPER IMPACT FEES- WATER DISTRIBUTI - 319 DEVELOPER IMPACT FEES- WASTEWATER COLLE - 317 DEVELOPER IMPACT FEES - LIBRARY - 318 DEVELOPER IMPACT FEES -PUBLIC MEETING - 319 DEVELOPER IMPACT FEES -AQUATICS CENTER - 320 DEVELOPER IMPACT FEES -PARKLAND - 405 FACILITIES MAINTENANCE - 501 WATER UTILITY FUND 41,543.69 502 WASTEWATER FUND 23,861.54 503 GOLF COURSE FUND - 504 SENIOR HOUSING CITY ATTORNEY - 505 SOLID WASTE FUND - bol EQUIPMENT REPLACEMENT 33,091.33 602 LIABILITY INSURANCE - 603 WORKERS COMP. RESERVE/INSURANCE - 701 RETIRED EMP. INSURANCE - 702 EXPENDABLE TRUST FUND -DEVELOPER FEES 4,232.80 703 EXPENDABLE TRUST FUND -OTHER - 704 EXPENDABLE TRUST FUND -OTHER 28,000.00 708 OUTSIDE SERVICES TRUST 724.17 TOTAL WARRANTS 52B4O57.04 STATE OF CALIFORNIA COUNTY OF LOS ANGELES Information on actual expendilums is available in the Chief Financial Officers 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 eulhorimHon to release. CODES: R = Computer generated checks for all non-emergency/urgency payments for materials, supplies and services in support of City Operations For Ratification: A = Payroll and Employee Benefit checks NOTES: B - F = Computer generated Early Release disbursements end/or adjustments appmved by the City Manager. Such as: payments for utility services, petty cash and employee travel expense reimbursements, various refunds, contract employee services consi;lent with current contractual agreements, instances wham prompt payment discounts can be obtained or late payment penalties can be avoided or when a situation apses that the City Manager approves. H = Handwritten Early Release disbursements and/or adjustments approved by the City Manager. CHIEF FINANCIAL OFFICER: CITY MANAGER: ,n '� DATE: DATE: DATE OF APPROVAL: AS OF 9/03124 REGISTER # 4a Page 29 of 379 CITY OF EL SEGUNDO WARRANTS TOTALS BY DEPARTMENT AS OF 9/03/24 REGISTER # 4a DEPT# NAME TOTAL GENERAL FUND DEPARTMENTAL EXPENDITURES GENERAL GOVERNMENT 1101 City Council 19.02 1201 City Treasurer 54.86 1300 City Clerk 155.86 2101 City Manager 1,258.14 2102 Communications 178.10 2103 El Segundo Media 2,252.28 2201 City Attorney 117.50 2401 Economic Development 2402 Planning 221.86 2405 Human and Health Services 80.00 2500 Administrative Services 170,767.14 2601 Government Buildings 9,544.88 2900 Nondepartmental 2,593.44 6100 Library 1,888.20 189,131.28 PUBLIC SAFETY 3100 Police 43,625.46 3200 Fire 40,024.60 2403 Building Safety 2404 Ping/Bldg Sfty Administration 321.82 83,971.88 II1111KOR r77 F` 4101 Engineering 1,008.43 4200 Streets 9,903.95 4300 Wastewater 7,591.75 4601 Equipment Maintenance 10,244.48 4801 Administration 28,748.61 COMMUNITY DEVELOPMENT 5100,5200 Recreation & Parks 35,465.43 5400 CAMPS 542.50 36,007.93 EXPENDITURES CAPITAL IMPROVEMENT ALL OTHER ACCOUNTS 190,197.34 TOTAL WARRANTS 528,057.04 Page 30 of 379 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 08/12/24 THROUGH 08/18/24 Date Payee 8/12/2024 West Basin 8/16/2024 Mission Square 8/16/2024 Mission Square 8/16/2024 Mission Square 8/16/2024 Mission Square 8/16/2024 ExpertPay 08/05/24-08/11/24 Workers Comp Activity 08/05/24-08/11/24 Liability Trust - Claims 08/05/24-08/11/24 Retiree Health Insurance DATE OF RATIFICATION: 08/16/24 TOTAL PAYMENTS BY WIRE: Description 2,069,552.69 H2O payment 81,860.63 457 payment Vantagepoint 1,080.00 401(a) payment Vantagepoint 3,048.85 401(a) payment Vantagepoint 100.00 IRA payment Vantagepoint 5,134.52 EFT Child support payment 56,384.93 SCRMA checks issued/(voided) 75,127.24 Claim checks issued/(voided) - Health Reimbursment checks issued 2,292,288.86 Certified as to the accuracy of the wire transfers by: Treasury & Custome -Services Manager Dat Chief "nancialOfficer Date 6 City Manager Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 2,292,288.86 P:\City Treasurer\Wire Transfers\Wire Transfers 07-01-23 to 6-30-24.xlsx 8/16/2024 1/1 Page 31 of 379 City Council Agenda Statement Meeting Date: September 3, 2024 Agenda Heading: Consent Item Number: B.4 TITLE: Fiscal Year 2024-25 Adopted Budget Increase for Fiscal Year 2023-24 Continuing Appropriations RECOMMENDATION: Approve continuing appropriations from FY 2023-24 to FY 2024-25, thereby amending the Fiscal Year 2024-25 Adopted Budget in the Funds and by the amounts contained in Attachment 1. 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: Amount Budgeted: $0 Additional Appropriation: Carryover of $17,259,408.28 from FY 2023-24 to FY 2024-25 Account Number(s): Various BACKGROUND: Continuing Appropriations At the end of the fiscal year, staff prepares a summary of budgeted appropriations that are required to be carried over to the next fiscal year in order to complete multi -year Capital Improvement Program (CIP) projects, professional service agreements (PSAs) that continue over multiple fiscal years, projects that were anticipated to be completed by June 30 but were not, and large purchases that were not completed by June 30. The funds associated with these projects and services should carry-over into the new budget year in order to be completed. 11 &*4 01*1 IC 0 F The attached schedule (Attachment 1) identifies projects/purchase orders that were included in the FY 2023-24 budget but were not completed by June 30, 2024. The Page 32 of 379 Fiscal Year 2024-25 Adopted Budget Increase for Fiscal Year 2023-24 Continuing Appropriations September 3, 2024 Page 2 of 3 attached document provides detail of each request and its justification. As a result, staff is requesting to carryover total appropriations of $17,259,408.28 to FY 2024-25. These items represent previously approved purchase orders and therefore should be carried over to FY 2024-25. The carryover of these encumbrances also requires the appropriation be carried over, as sufficient appropriations would not exist in the current year budget to fund both the continued projects and the new projects approved in the Fiscal Year 2024-25 adopted budget. Attachment 1 - PO Carryover and Budget Adjustment for FY 2024-25 lists the purchase order number, vendor, department, account/fund number, purchase order balance, and a brief reason/justification. The annual strategic planning and budgeting process over the past several years has resulted in staff estimating operational needs, processes, and timing of projects with greater precision, which has resulted in more accurate budget projections. The following table is a summary of the requests listed by fund. Table 1: Fund Name Fund Number Total Request 1 State Gas Tax 106 $10,758.32 2 Asset Forfeiture Fund 109 $26,980.84 3 Prop "C" Transportation 114 $43,531.80 4 CIP Fund 301 $16,055,065.81 5 Water Fund 501 $17,784.00 6 Sewer Fund 502 $954,986.36 7 Equipment Replacement Fund 601 $150,301.15 otal $17,259,408.28 The continuing appropriations from ongoing projects/purchases and encumbrances at the end of the fiscal year do not represent an additional appropriation of funds, but a carryover of unexpended funds from the prior fiscal year. Approval of these continuing appropriations items will have minimal impact on estimated ending fund balances at June 30, 2025. CITY STRATEGIC PLAN COMPLIANCE: Goal 5: Champion Economic Development and Fiscal Sustainability Page 33 of 379 Fiscal Year 2024-25 Adopted Budget Increase for Fiscal Year 2023-24 Continuing Appropriations September 3, 2024 Page 3 of 3 Strategy B: Utilize the City's long-term financial plan to make financial decisions that support the goals of the strategic plan. PREPARED BY: Wei Cao, CPA, CPFO, Finance Manager REVIEWED BY: Paul Chung, Chief Financial Officer APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: FY 2024-2025 BUDGET CARRY FORWARD LIST Page 34 of 379 PO # State Gas Tax 42-00365 City of El Segundo Attachment A - Schedule of Purchase Orders and Budget Carryovers Fiscal Year 2023-2024 to Fiscal Year 2024-2025 Vendor Name Dept Account Number PO Balance Description Bureau Veritas Technical Assessmens LLC PW Asset Forfeiture Fund 60-01331 Chevrolet of Watsonville/National Auto Fleet Prop "C" Transportation 30-00470 MNS Engineers, Inc 30-00478 Z&K Consultants 30-00481 Sully -Miller Contracting Co CIP Fund 30-00492 Miller Architectural Corporation 30-00493 KOA Corporation 30-00498 Arcadis, A California Partnership 30-00501 INKS Mechanical Contracting Inc. 30-00504 Arcadis, A California Partnership 30-00505 Hirsch & Associates, Inc. 30-00507 Morillo Construction, Inc. 30-00508 Square Signs LLC, dba Front Signs 30-00509 DBA MIG. Inc. Water Fund 43-00293 Downstream Services, Inc. Sewer Fund 43-00293 Downstream Services, Inc. 30-00503 Tomovich & Associates Equipment Replacement Fund 60-01331 60-01328 Chevrolet of Watsonville/National Auto Fleet Chevrolet of Watsonville/National Auto Fleet POLICE PW PW PW PW PW PW PW PW PW PW PW PW PW PW PW 106-400-4202-6214 $10,758.32 Ongoing CIP/ADA Self Survey & Transition Plan Services Total State Gas Tax $10,758.32 109-400-3109-8105 Two K-9 Interceptors have not $26,980.84 been scheduled for production by the manufacturer (Ford). Total Asset Forfeiture $26,980.84 114-400-8203-8943 $24,570.01 Ongoing CIP/El Segundo Blvd Improvement Design 114-400-8203-8995 Ongoing CIP/El Segundo Blvd $5,390.37 Improvement Construction Management 114-400-8203-8995 $13,571.42 Ongoing CIP/El Segundo Blvd Improvement Project Prop "C" Transportation $43,531.80 301-400-8202-8218 $17,688.06OngoingCIP/Civic Center ADA Improvement 301-400-8186-8236 $g01,796.28 Ongoing CIP/Plunge Construction Management 301-400-8186-8236 $31,576.00 Ongoing CIP/Plunge Bidding Svc 301-400-8201-8400 $647,000.00 Ongoing CIP/City Hall HVAC 301-400-8186-8236 $324,295.25 Ongoing CIP/Plunge Construction Design Svcs 301-400-8201-8112 $37,319.00 Ongoing CIP/Main St/Imperial Hwy Monument Construction Admin 301-400-8186-8236 $12,988,000.00 Ongoing CIP/Plunge Renovation Construction 301-400-8201-8112 Ongoing CIP/Main St/Imperial Hwy. $347,489.25 Monument Sign Construction 301-400-8202-8421 $759,901.97 Ongoing CIP/Rec Park Improvement Design Total CIP Fund $16,055,065.81 501-400-7102-6206 Ongoing CIP/Pump Station $17,784.00 Maintenance and On -Call Svc Total Water Fund $17,784.00 502-400-4301-6206 $g4,670.31 Ongoing CIP/Pump Station Maintenance and On -Call Svc 502-400-8204-8647 $g60,316.05 Ongoing CIP/Wastewater Infrastructure Improvement Sewer Fund $954,986.36 601-400-3101-8105 Two K-9 Interceptors have not POLICE $89,033.92 been scheduled for production by the manufacturer (Ford). POLICE 601-400-3101-8105 $61,267.23 Chevy Tahoe Production set for Sept 2024 Total Equipment Replacement Fund Grand Total $17,259,408.28 Page 35 of 379 City Council Agenda Statement F I, F, G t I) O Meeting Date: September 3, 2024 Agenda Heading: Consent Item Number: B.5 TITLE: Construction Contract with CJ Concrete Construction for $178,073 for FY 2024-25 Concrete Improvements Project No. PW 24-09 RECOMMENDATION: Authorize the City Manager to execute a standard Public Works Construction Contract with CJ Concrete Construction for $178,073 for the FY 2024-25 concrete improvements project No. PW 24-09, and authorize an additional $17,807 as contingency funds for potential unforeseen conditions. 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: Included in the adopted FY 2024-25 Budget. Amount Budgeted: $200,000 Additional Appropriation: No. Account Number(s): 106-400-8203-8606 (Sidewalk Repair — Gas Tax Fund) :1_t61:011:tell] Z 113 On May 21, 2024, the City Council adopted a resolution availing the City of the immunities set forth in Government Code § 830.6 and adopting the plans and specifications for the FY 2024-25 concrete improvements project No. PW 24-09 (Project) to repair defective sidewalks, curbs and gutters throughout the City. The program eliminates potential trip hazards, ensures public safety, and restores proper drainage flows. 11 &*6111*1 Eel 0 F On July 2, 2024, the City Clerk received and opened seven bids as follows: Page 36 of 379 FY 2024-25 Annual Concrete Improvements Project September 3, 2024 Page 2 of 3 1. CJ Concrete Construction 2. Dash Construction Co., Inc. 3. We R Builders, Inc. 4. Gentry General Engineering, Inc. 5. LCR Earthwork & Engineering Corp. 6. Hardy and Harper, Inc. 7. Onyx Paving Company, Inc. $195,073 $239,391 $324,960 $331,960 $332,590 $406,000 $410,000 CJ Concrete Construction has been found to be the apparent lowest responsive and responsible bidder. Their state license and DIR registration are in good standing, and they have also satisfactorily completed a similar concrete improvement project for the City of Santa Ana. The base bid contract amount is $161,073, with an additional $34,000 proposed to construct four alternative items, 11 through 14. To keep the project within the approved FY 2024-25 budget, staff respectfully recommends awarding of Alternative Items 11 and 12 only, for a total construction cost of $178,073. A 10% contingency amount of $17,807 is requested as funds for potential unforeseen conditions. At this time, staff respectfully would like to recommend City Council approve the recommended actions as noted. With the City Council's authorization, the anticipated schedule for this project is as follows: August 2024: Contract Award September 2024: Complete Contract Documents October 2024: Begin Construction December 2024: Complete Project CITY STRATEGIC PLAN COMPLIANCE: Goal 1: Develop and Maintain Quality Infrastructure and Technology Strategy A: Seek opportunities to implement and expedite the projects in the Capital Improvement Program and ensure that City -owned infrastructure is well maintained, including streets, entryways, and facilities. PREPARED BY: Floriza Rivera, Principal Civil Engineer REVIEWED BY: Elias Sassoon, Public Works Director APPROVED BY: Barbara Voss, Deputy City Manager Page 37 of 379 FY 2024-25 Annual Concrete Improvements Project September 3, 2024 Page 3 of 3 ATTACHED SUPPORTING DOCUMENTS: 1. Vicinity Map PW 24-09 2. Location Map PW 24-09 3. Attachment 1 CJ Concrete Bid Results PW 24-09 4. Attachment 2 Project Locations PW 24-09 Page 38 of 379 E'LSEGUNDO Vicinity Map PW 24-09: FY 2024-25 Concrete Improvements Project 1 I I I I i w 111th St --._.—..----•-��f�trrtpCff51f1ta; "Century FwY 1 AnyoodWa, 1 N 1 C Q �. L z N n z •,_ - Z rb An F,' 1 2 EFrank[in Ave e„" t N t tl Segundo tslvtl E El lseglirdul"wf Raytheon Space and Ar butne Sy Slams N 1 Up h, N S � v ,•�„urr a i N S t Plaza E I 1 S`g u rKk, cc 'U 35th St 7 4 U u � Q� E %%11age _n fn ���C, ^ 27th St LL G� AyHnug Pie Marino Avp > ,e V W Rcs1 MSFine A 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. Page 39 of 379 Location Map �1'Ecu.l�o PW 24-09: FY 2024-25 Concrete Improvements Project a� I W imperial Hwy - ►-r•"r W Imperial Ave N 1 � - N W Acacia Ave u 0 o n �c CL 1 � � W Walnut Ave C V I Vr N in a Y W Sycamore Ave E Sycamaove i = a N n W Maple Ave o c z V W Oak Ave -J = ar E Oak Ave s 1 ' > v 1 t1Y Pa v e cu RichmDr. RUIN School 1 Strew Falk Etemeribrr .. L• W Mai iposaAve V) c ' t7r 1 ... � W Pine Avll ----. r ! - •VY Holly Ave Ell Stgundo 1 N N C 0 0 E O u jt `i V JW Franklin Ave a - •-••-- -•----------••--% W El Segundo Blvd V • E Impera!•Ave *Acacia Ave N E Walnut Ave u � • N E Sycamore Ave U v O in C E Maple Ave - N n E Oak Ave y m Ek nfnt3r; E Elm Ave w E Manposa Ave ° rJ V V "• E Pine Av� ' N c • m N e a n o Z RecM,,itk ii E O El Segundo Y e n z Fark E Holly Ave C a - -'' • HibF. -.c►ro" - Park 2 E Grand Ave W y St -- N AMhon� N a N = 7 p E Frarklin Ave 2 U V Q O E El Segundo Blvd vsegundo Manhattan Legend --- City boundary 0 Concrete repair locations 3 z N Notes No Scale 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. C irevron E mpb yw r'a rt CJ Concrete Construction Bid Results PW 24-09: FY 24125 Concrete Improvements Project BASE BID ITEMS 1-10 Subtotal: sidewalk, driveway approach, curb, curb ramp construction, etc. $161,073 ALTERNATIVE BID ITEMS 11-1 to 11-4 Item No. Description or Intersection Total ($) 11-1 Construct new ADA-compliant curb ramp on the northwest side of W. Palm $7,000 Ave./Richmond St. intersection 11-2 Mechanically remove conflicting crosswalk striping and install new crosswalk striping $10,000 after the northwest W. Palm/Richmond curb ramp is constructed Subtotal: Alternative Bid Items 11-1 through 11-2 $17,000 11-3 Remove and replace existing curb ramp at the southwest corner of the W. Palm $8,500 Ave./Richmond St. intersection 11-4 Remove and replace existing curb ramp at the southeast corner of the W. Palm $8,500 Ave./Richmond St. intersection Subtotal: Alternative Bid Items 11-1 through 11-4 $17,000 COMBINED TOTAL WITH ALTERNATIVE BID ITEMS 11-1 AND 11-2 ONLY $178,073 COMBINED TOTAL WITH ALTERNATIVE BID ITEMS 11-1 THROUGH 11-4 $195,073 ALTERNATIVE BID ITEM LOCATIONS AT RICHMOND ST./W. PALM AVE.: L. Item 11-1 r 6 k.. W_a Page 41 of 379 ATTACHMENT 2, REPAIR LOCATIONS FY 2024-25 CONCRETE IMPROVEMENTS PROJECT, PROJECT NO. PW 24-09 ITEM NO. ADDRESS 4" SIDEWALK (SF) DRIVEWAY APPROACH (SF) CURB AND GUTTER (LF) CURB ONLY (LF) CURB RAMP (EA) TREE REMOVAL NEEDED (EA) CATCH BASIN LOCAL DEPRESSION PARKWAY HARDSCAPE REMOVAL AND RESEED (SF) ADDITIONAL FULL -DEPTH AC REPAIR BEYOND 3-FT SLOT PAVING 1 1049 E. Acacia Ave. 112 36 96 65 2 415 Concord St. 160 32 1 3 353 Loma Vista St. 27 4 501 E. Mariposa Ave. c/o Sheldon St. 208 20 5 511 E. Mariposa Ave. 112 16 6 1517 E. Mariposa Ave. 80 80 12 7 523 E. Mariposa Ave. 112 20 8 514 and 500 block E. Mariposa, south side 288 20 9 540 Sheldon (500 block E. Mariposa side) 208 12 1 10 905 Maryland St. 256 120 11 904 McCarthy Ct. 160 64 45 1 160 12 908 McCarthy Ct. 352 56 76 1 13 929-935 McCarthy Ct. 304 80 50 14 518 E. Oak Ave. 150 30 15 612 W. Palm Ave. 128 12 40 16 520 Penn St. 144 17 730 Penn St. 64 45 18 606 W. Pine Ave. 128 19 610 W. Pine Ave. 80 22 20 Recreation Park Guaymas Way Parking Lot 160 40 21 429-437 Richmond St. 368 108 22 310 Sheldon St. 160 40 23 329 Sierra St. 16 9 24 513 Sheldon St. 160 25 634-638 Sheldon St. 88 26 320 E. Sycamore Ave. 64 16 27 400 E. Sycamore Ave. 2 81 28 837 E. Sycamore Ave. 150 30 29 333 Virginia St. 108 30 1009-1017 E. Walnut Ave. 264 164 33 300 31 432 Washington St. 160 40 Alt. 11-1, Alt. 11-2 W Palm Ave./Richmond St., NW corner I Alt. 11-3 W. Palm Ave./Richmond St., SW corner 1 Alt. 11-4 W. Palm Ave./Richmond St., SE corner I TOTAL QUANTITIES 4514 943 69 696 4 3 96 160 365 Page 42 of 379 City Council Agenda Statement F 1 F �' t 1) �� Meeting Date: September 3, 2024 Agenda Heading: Consent Item Number: 13.6 TITLE: Second Reading of an Ordinance Amending El Segundo Municipal Code Chapter 1-6 (Personnel Merit System) to Remove the Senior Civil Engineer from the List of Positions Exempt from the Civil Service System RECOMMENDATION: Waive the second reading, including by title, and adopt an Ordinance amending El Segundo Municipal Code Chapter 1-6 to reduce the list of positions exempt from the Civil Service System. 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: None. 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 1-6-1 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 therein. The "At -Will" classifications in the "Management and Confidential" unrepresented group are based upon positions requiring a particularly high degree of professional Page 43 of 379 Amendment of Municipal Code Exempt Positions September 3, 2024 Page 2 of 3 responsiveness, individual accountability, broad management responsibilities, and independent discretion required to perform assigned responsibilities. The proposed Ordinance was introduced, and the first reading was waived at the August 20, 2024 City Council meeting. Staff was directed to schedule the second reading at the September 3, 2024 regular City Council meeting. DISCUSSION: The proposed Ordinance would remove the Senior Civil Engineer position from the list of those exempted from the civil service system. As with the prior adopted Ordinance, Civil Service exemption for the positions marked 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) Building Official (At -Will) 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* Planning Manager (At -Will) Page 44 of 379 Amendment of Municipal Code Exempt Positions September 3, 2024 Page 3 of 3 Principal Civil Engineer* Recreation Manager (At -Will) Risk Manager (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 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 and adoption of the proposed Ordinance at the regular September 3, 2024 City Council meeting. CITY STRATEGIC PLAN COMPLIANCE: Goal 4: Promote and Celebrate a Quality Workforce Through Teamwork and Organizational Excellence Strategy A: Enhance staff recruitment, retention, and training to ensure delivery of unparalleled City services and implementation of City Council policies. Strategy B: Improve organizational excellence by implementing processes and tools that facilitate data collection and analysis while promoting data -driven decision - making. 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 45 of 379 ORDINANCE NO. AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE CHAPTER 1-6 (PERSONNEL MERIT SYSTEM) TO REMOVE THE SENIOR CIVIL ENGINEER FROM 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 October 3, 2024, 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 Official (At -Will) City Attorney City Engineer (At -Will) City Manager Communications Manager (At -Will) Deputy City Manager Environmental Programs Manager (At -Will) Page 46 of 379 City of El Segundo Ordinance No. Page 2 of 4 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* Planning Manager (At -Will) Principal Civil Engineer* Recreation Manager (At -Will) Risk Manager (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 Page 47 of 379 City of El Segundo Ordinance No. Page 3 of 4 affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable. 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 Page 48 of 379 City of El Segundo Ordinance No. Page 4 of 4 Drew Boyles, Mayor ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Page 49 of 379 City Council Agenda Statement E L g E G U N D O Meeting Date: September 3, 2024 Agenda Heading: Consent Item Number: B.7 TITLE: Resolution Approving Plans and Specifications for the Library Elevator Modernization Project RECOMMENDATION: Adopt a resolution approving engineering plans and construction specifications for the Library Elevator Modernization Project No. PW 24-03 to avail the City of Government Code § 830.6 immunities and establishing a project payment account. 2. Authorize staff to advertise the project for construction bidding. 3. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: Included in the adopted FY 2024-25 Budget. Amount Budgeted: $185,000 Additional Appropriation: None Account Numbers: 301-400-8201-8710 ($107,105.50) and 125-400-6101-3625 ($77,894.50) BACKGROUND: In February 2022, the Recreation, Parks and Library Department applied for the California State Library's Building Forward Grant to upgrade the El Segundo Public Library ("Library"). The grant requires a 50/50 match from the applicant's jurisdiction. This grant provides for an infrastructure upgrade to be designed and constructed by March 2026. Three projects were submitted with the following cost estimates for design and construction: Library Wall Repairs and Waterproofing Project: $125,600 Page 50 of 379 Approval of Engineering Plans and Specifications for the Upgrade of the Library Elevator And Advertise September 3, 2024 Page 2 of 3 Upgrade of the Library Elevator Project: $190,400 Library HVAC Improvements Project: $43,180 Total Project Cost = $359,180 On September 12, 2022, the Library received a letter of intent to award the grant to the City of El Segundo, and on November 4, 2022, received a grant acceptance package in the amount of $179,590. With the City Council's approval, the Finance Department appropriated $185,000 to accommodate these three projects and comply with the 50/50 match requirement. In July 2024, the Library Wall Repairs and Waterproofing Project was completed with a total project cost of $159,901. The next project that is ready to be constructed is the Library Elevator Modernization Project No. PW 24-03 ("Project"). The hydraulic machinery serving the library elevator is reaching the end of its life cycle and is due for replacement. It is vital to replace this equipment to maintain accessibility to all floors of the library. The design for the project is already completed at the cost of $43,490. DISCUSSION: J.C. Chang and Associates, Inc. prepared the Engineering Plans and Specifications for the Project. These documents have been reviewed and approved by staff. With the City Council's authorization, the anticipated schedule for the improvements is as follows: September 2024 - Advertising and Bid Process November 2024 - Contract Award December 2024 - Begin Construction January 2025 - Project Completion CITY STRATEGIC PLAN COMPLIANCE: Goal 1: Develop and Maintain Quality Infrastructure and Technology Strategy A: Seek opportunities to implement and expedite the projects in the Capital Improvement Program and ensure that City -owned infrastructure is well maintained, including streets, entryways, and facilities. PREPARED BY: Page 51 of 379 Approval of Engineering Plans and Specifications for the Upgrade of the Library Elevator And Advertise September 3, 2024 Page 3 of 3 Arianne Bola, Sr. Engineer Associate REVIEWED BY: Elias Sassoon, Public Works Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: Resolution 2. Vicinity Map 3. Location Map Page 52 of 379 RESOLUTION NO. _ A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR LIBRARY ELEVATOR MODERNIZATION, PROJECT NO. PW 24-03, PURSUANT TO GOVERNMENT CODE § 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT. The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The City Engineer prepared plans and specifications for PW 24-03, Upgrade of the Library Elevator ("Project") to upgrade the hydraulic machinery of the elevator. These plans and specifications are complete. Services related to the Project may begin; B. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project. SECTION 2: Design Immunity, Authorization. A. The design and plans for the Project are determined to be consistent with the City's standards and are approved. B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced. C. The approval granted by this Resolution conforms with the City's General Plan. D. The City Engineer, or designee, is authorized to act on the City's behalf in approving any alterations or modifications of the design and plans approved by this Resolution. E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. SECTION 3: Project Payment Account. For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the current fiscal year budget to pay for the Project ("Project Payment Account"). The Project Payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. SECTION 4: The City Clerk is directed to certify the adoption of this Resolution. SECTION 5: This Resolution will become effective immediately upon adoption. Page 1 of 2 Page 53 of 379 PASSED AND ADOPTED this day of , 2024. ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: for Mark D. Hensley City Attorney Drew Boyles, Mayor Page 2 of 2 Page 54 of 379 PW 24-03: Upgrade of the Library Elevator Project EL�EGUNDO Vicinity Map W 104th St World WO W SCLJntPtttdlttrUt.—...OPl-----••—• Century f-f•hnPIN ................... I' ...----•--. r�f-+fury..—..t j I •I E Maple Ave I El SW ndc _ to y A Hgh $th­ l N ' I E y E Mar iposaAve � Z !—..1 C, > I 2 li( r*Qtion V — 0 �e, N N Z `---, N ` El Stl+guntio E Grand Ave ' z Los Angs6. ;W Grand Ave Ate Fora I v E Franklin Ave Y < t3330 k•i a,je a a CL ­0 ......... E El Segundo Qlvd----+ iibythwn SPACa art! 1 S, Airborne SilsMms j t M Lakes •�. 1 I � � 'R o � I ti .�,.•. i b= E1 O � 0 �••i 6"undo d5s�1 N 43c � ►1S�s�'� r7 V ..—..—..—..—..—..— ..... _........ —.. ----..—..—..—......j n 7 "'th Ct 6,018.7 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. PW 24-03: Upgrade of the Library Elevator Project Location Map Li W Palm Ague FL-� Ri El( I W Maripo�s�a Ave St n ,f11G k C thatho is Church 0 ❑ ° I—1 9/18/2023 Ln c 0 E s u x Public Parking n L■ E Mariposa Ave E l U) °7 1:1,943 0 0.01 0.03 0.05 mi 0 0.02 0.04 0.08 km Esri Community Maps Contributors, City of El Segundo, County of Los Angeles, California State Parks, © OpenStreetMap, Microsoft, Esri, HERE, Page 56 of 379 City Council Agenda Statement E L S E G U N D O Meeting Date: September 3, 2024 Agenda Heading: Consent Item Number: B.8 TITLE: Notice of Completion for City Hall Phase 2 Improvements Project RECOMMENDATION: Accept the City Hall Phase 2 Improvements Project No. PW 23-09 by MCM Construction, Inc. as complete. 2. Authorize and direct the City Clerk to file the attached Notice of Completion with the Los Angeles County Recorder's Office. 3. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: Included in the adopted FY 2023-24 Capital Improvement Program ("CIP") budget. The total project cost is $695,256.39. Amount Budgeted: $700,000 Additional Appropriation: None Account Numbers: $299,473.44 from 301-400-8201-8473 and $395,782.95 from 708- 400-2403-8807 BACKGROUND: City Hall is an aging facility which was originally constructed in 1955, and was remodeled to house Community Development and Public Works Departments in the mid 1970s. In order to better serve the public, rehabilitation improvements were identified by staff to be done in multiple phased projects. The previous Phase 1 of this project, which was identified as the Civic Center Maintenance and Repairs Project PW 21-11, began construction in January 2022 and was completed in August 2023. The scope of the first phase improvements included the main entry area to the Community Development and Public Works Departments, the Page 57 of 379 Notice of Completion for City Hall Phase 2 Improvements, Project No. PW 23-09 September 3, 2024 Page 2 of 3 Building Division staff seating area, new public counters, and renovations to the Executive Conference Room to upgrade and reconfigure a heavily -used conference room. Phase 2 of this project, which was identified as the City Hall Phase 2 Improvements Project PW 23-09 (Project), had a project scope including the following rehabilitation work within City Hall- 1 . Relocation of Information Technology Services Department (ITSD) to provide a larger and contiguous working area for this department; 2. Relocation of the Media Team to City Hall due to displacement from their existing offices at El Segundo High School; and 3. Reconfiguration of the mail -room to accommodate two new offices for Finance Department staff. DISCUSSION: The construction of the Project began in February 2024 and was completed in July 2024. The Project was subsequently inspected by City staff. This Project was completed in accordance with the approved plans and specifications to the full satisfaction of City staff. Staff recommends that the City Council approve the recommended actions for the Project as noted. CITY STRATEGIC PLAN COMPLIANCE: Goal 1: Develop and Maintain Quality Infrastructure and Technology Strategy A: Seek opportunities to implement and expedite the projects in the Capital Improvement Program and ensure that City -owned infrastructure is well maintained, including streets, entryways, and facilities. Strategy B: Seek opportunities to implement the use of innovative technology to improve services, efficiency, and transparency. PREPARED BY: James Rice, Associate Engineer REVIEWED BY: Elias Sassoon, Public Works Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: Vicinity Map Page 58 of 379 Notice of Completion for City Hall Phase 2 Improvements, Project No. PW 23-09 September 3, 2024 Page 3 of 3 2. Location Map 3. Before and After Pictures 4. Notice of Completion Page 59 of 379 Vicinity Map - PW 23-09 City Hall Phase 2 Improvements Project m"1%ImperialAve 0 0 0 0 g•—■—■—■—■—■—■—■—■�raiwluewwl■Fiwy.—■7Q- 'W Acacia Ave E Acacia Ave ■ Century Fwy v> E Walnut Ave • N T! E Sycamore Ave 3 ■ u > o in E Maple Ave 1 � Q 1 _ • � C ■ S s ) z =1 1 . Ln Z o • ■ 7 W Mariposa Ave E Mariposa Ave a)C N rfl t � T d > ■■� E Pine Ave K N ■ N .t 1 Q N • El Segundo `� 1. 1 1 ■ ■ rn @ N N ■— ; 124th St 1 E Grand Ave @ E Grand Ave • ,,arid Ave m Y Ln G � ILn Nd L■—• 1 t ■ rt ■ — ■ — ■ — E El Segundo Blvd E El Segundo Blvf — ■ — ■ J ♦ The Lakes Golf rn 1 • Course 0 ■ ♦ � 1 N ♦ N. a ` I • W 138th St ♦ •A Plaza El Segundo ! !000 ; 139th St ♦ 1 ♦ m • 1 Q El PAW 36th PI 35th PI 2/23/2023 1:27, 046 0 0.17 0.35 0.7 mi 0.3 0.6 1.2 km City of El Segundo, County of Los Angeles, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Page 60 of 379 Location Map - PW 23-09 City Hall Phase 2 Improvements Project o-Q W Pine Ave fn -o o L� U El El CP EJ Q ❑6 ❑ a❑0❑ W Holly Ave ❑ ❑❑ ❑�-❑ Q ❑❑ ❑ ❑0 Q tea❑ =GF1rand Ave sv' Cn 6/9/2023 Es o_ ❑ ❑ aC° ❑ niir uare I'�— ❑ ❑ ❑ �ahurch I � ❑ ❑❑ ❑ ] QEf ElU ❑❑El ❑ Public Parking �) Elp�� �CD 0 Cl CD ❑ ❑ o �, 8❑ E Holly Ave g ❑� Co s 0 ❑ cn 0 0 ,z EI un o p � risti n Public Parkin City Hal Police Station Statio Lil ( Scie —1 Public Parking n U 7 w uo110 a �Q C Q Ef] �aYground Picnic Table Area Tot Area Fire Circle Stevenson Field o ❑000 C�u rt SnaoBar 1 ®ra, jS Roller FI 11 Rir Comm. Garden Ra r ball Softball Field �-P rk orse Shoes Maintenance SnaOl B r �� u ❑ 0 Li Tee inter ate Park ❑ E Grand Ave DP ❑�❑ moo❑ El a ❑ --�� 1:3,852 0.03 0.05 0.1 mi 0.04 0.09 0.17 km Esri Community Maps Contributors, City of El Segundo, County of Los Angeles, California State Parks, © OpenStreetMap, Microsoft, Esri, HERE, Page 61 of 379 PW 23-09 City Hall Phase 2 Improvements Project Before and After Pictures Before: Mailroom back office After: Page 62 of 379 Before: Mailroom After: Converted to new office Page 63 of 379 Before: East Basement office areas l; Ak Page 65 of 379 1 -4�, Aiftftmoz 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: City Hall Phase 2 Improvements Project Project No.: PW 23-09 Contract No. 6763 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: Public Facilities 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on July 22, 2024. The work done was: City Hall renovations to the Mailroom, West Basement office area, and East Basement office area. 6. On September 3, 2024, 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: MCM Construction Inc. 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: • City Hall Phase 2 Improvements Project 9. The street address of said property is: 350 Main St., El Segundo, CA, 90245 Dated: City of El Segundo Elias Sassoon Public Works Director VERIFICATION I, the undersigned, say: I am the Director of Public Works/City Engineer 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 , 2024 at El Segundo, California, 90245. City of El Segundo Elias Sassoon Public Works Director Page 67 of 379 City Council Agenda Statement F 1 F �' t 1) �� Meeting Date: September 3, 2024 Agenda Heading: Consent Item Number: B.9 TITLE: Agreement with Tec-Refresh, Inc. to Renew Palo Alto Networks Firewall Support RECOMMENDATION: 1. Authorize the City Manager to execute a one-year hardware and subscription support renewal agreement with Tec-Refresh, Inc. for $127,801.18 to provide continued internet access and cybersecurity protection as a cooperative purchase pursuant to ESMC § 1-7-9(C). 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: Included in the adopted FY 2024-25 Budget. Amount Budgeted: $127,801.18 Additional Appropriation: No Account Number: 001-400-2505-6218 BACKGROUND: On September 6, 2022, the City Council approved the purchase of two Palo Alto firewalls from Tec-Refresh for $178,699.95 using equipment replacement funds. These firewalls help keep our computer networks fast, safe, and reliable. This Palo Alto Networks equipment, often referred to as a "next generation" firewall, identifies and protects user identity by employing firewall protection to block access to known malicious sites. Filtering will be used to protect the City against web -based threats such as phishing and malware. Firewall protection will allow the City to stay ahead of emerging cybersecurity threats. To keep the City's firewalls operational, it is necessary to renew the subscription and hardware support licenses. The City's current firewall support is set to expire in November 2023. Page 68 of 379 Renew Palo Alto Networks Firewall Support September 3, 2024 Page 2 of 2 DISCUSSION: Tec-Refresh has provided a renewal quote that would extend support to November 2025, and has priced the quote based on the National Association of State Procurement Officials (NASPO) competitively bid cooperative agreement No. AR2472. The NASPO cooperative agreement is the result of a request for proposal (RFP) organized by the State of Utah to have a menu of cloud (software) solutions that can be purchased at more favorable pricing. The State of California executed a Participating Addendum (No. 7-17-70-40-05) to extend that menu and pricing to California state and local government entities. Accordingly, staff recommends that City Council waive the bidding procedures pursuant to ESMC § 1-7-9(C) and authorize the renewal of support for Palo Alto through the NASPO cooperative agreement. CITY STRATEGIC PLAN COMPLIANCE: Goal 1: Develop and Maintain Quality Infrastructure and Technology Strategy B: Seek opportunities to implement the use of innovative technology to improve services, efficiency, and transparency. PREPARED BY: Jose Calderon, Information Technology Services Director REVIEWED BY: Jose Calderon, Information Technology Services Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: Palo Alto Quote Page 69 of 379 teC,ref resh Company Address 100 Bayview Circle, Suite 230 Expiration Date 11/6/2024 Newport Beach, CA 92660 Opportunity Owner Michael Tammaro US Quote # QUO - 1849 Prepared By Michael Tammaro Contact Name Jose Calderon Title Account Manager Title Director of IT Email michael.tammaro@tec-refresh.com Email jalderon@elsegundo.org Phone (617)829-9153 Phone +1 310-524-2300 Address • • Bill To Name City of El Segundo Ship To Name City of El Segundo Bill To 350 Main St Ship To 350 Main St El Segundo, CA 90245 El Segundo, CA 90245 US US Advanced Threat Prevention subscription for device in an HA pair renewal, PA-3430 PAN-PA-3430-ATP-HA2-R Start Date: 11/07/2024 2.00 $14,084.08 $28,168.16 End Date: 11/23/2025 Serial #: 024301003488; 024301002699 PA-3430, Advanced WildFire subscription, for one (1) device in an HA pair, 1 year (12 months) term, renewal. PAN-PA-3430-AWF-HA2-R Start Date: 11/07/2024 2.00 $14,084.08 $28,168.16 End Date: 11/23/2025 Serial #: 024301003488; 024301002699 PA-3430, DNS security subscription, for one (1) device in an HA pair, 1 year (12 months) term, renewal. PAN-PA-3430-DNS-HA2-R Start Date: 11/07/2024 2.00 $9,445.60 $18,891.20 End Date: 11/23/2025 Serial #: 024301003488; 024301002699 PA-3430, Advanced URL Filtering subscription, for one (1) device in an HA pair, 1 year (12 months) term, renewal. PAN-PA-3430-ADVURL-HA2-R-2 Start Date: 11/07/2024 2.00 $14,084.08 $28,168.16 End Date: 11/23/2025 Serial #: 024301003488; 024301002699 For US Government accounts only. Premium support renewal, PA-3430 PAN-SVC-PREMUSG-3430-R Start Date: 11/03/2024 2.00 $12,202.75 $24,405.50 End Date: 11/23/2025 Serial #: 024301003488; 024301002699 Terms and Conditions: Net 30 Please remit all purchase orders and invoices to: Tec-Refresh, Inc. 10 Stevens Street #190 Andover, MA, 01810 United States Page 70 of 379 teC,ref resh Contract # Contract Number: 7-17-70-40-05 Subtotal NASPO Master Contract Number: AR2472 Grand Total Contract Term: 09/15/17 — 09/15/26 Memo 2024 Palo Alto 3430's Renewal Terms and Conditions: Net 30 Please remit all purchase orders and invoices to: Tec-Refresh, Inc. 10 Stevens Street #190 Andover, MA, 01810 United States $127,801.18 $127,801.18 Page 71 of 379 City Council Agenda Statement F I, F, G t I) O Meeting Date: September 3, 2024 Agenda Heading: Consent Item Number: B.10 TITLE: Resolution Finding a Local Emergency Has Existed Due to a Sinkhole on Grand Avenue and Contract for Emergency Construction Services Without Public Bidding Pursuant to Public Contract Code § 22050 RECOMMENDATION: Pursuant to Public Contract Code §§ 22050 and 20168, adopt a resolution by four -fifths vote, confirming that a local emergency, as declared by the City Manager, has existed and authorizing emergency contracting without public bidding. 2. Award a contract to Williams Pipeline Contractors, Inc. for the emergency repair of the damaged storm drain pipe that caused a sinkhole on Grand Avenue. 3. Appropriate $100,000 ($90,000 plus $10,000 contingency) from the General Fund Reserves to FY 2024-25 budget expenditure account 001-400-4302-6215. 4. Authorize the City Manager (or his designee) to execute any documents or agreements needed to complete the necessary emergency repairs. FISCAL IMPACT: The emergency repair work for the sinkhole on Grand Avenue was not anticipated and not included in the adopted FY 2024-25 budget. A budget appropriation from the General Fund Reserves is required. Expense: Amount Budgeted: $0 Additional Appropriation: $100,000 Account Number: 001-400-4302-6215 (General Fund - Repairs & Maintenance) BACKGROUND: Page 72 of 379 The Emergency Repair Work of a Recently Developed Sinkhole on Grand Avenue Just West of Indiana Street September 3, 2024 Page 2 of 3 Pursuant to Public Contract Codes § 20168, the City Council may, upon four -fifths vote, declare that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property because of an emergency. In accordance with Public Contract Codes §§ 20168 and 22050, the City Council may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. On August 27, 2024, the City Manager, retroactive to August 15, 2024, declared a local emergency pursuant to his authority as Director of Emergency Services based on the emergency conditions described below. City Council review and ratification of the local emergency is required by approval of a resolution by four -fifths vote at its next regular meeting to enable emergency contracting and repairs. On August 15th, 2024, the Public Works Department was made aware of a roadway failure on Grand Avenue, just west of Indiana Street. After further investigation, it was discovered that a large void and cavity had been developed under the surface of the pavement, threatening the integrity of the busy roadway. Contractor Williams Pipeline Contractors, Inc. further investigated the condition of the utilities directly below the failure, and it was discovered that a crack had been developed/occurred on a storm drain lateral pipe, allowing back -fill material to be washed off through this crack into the main storm drain pipe. This failed lateral pipe is at a depth of approximately 20 feet, which makes the repairs fairly extensive and threatens the public safety and welfare. DISCUSSION: Due to the damage to a critical infrastructure requiring immediate remediation and to protect public health, safety, and welfare, the City entered into an emergency contract with Williams Pipeline Contractors, Inc. to begin remedial construction services. Staff recommends the City Council adopt the proposed resolution, which directs the City Manager, or designee, to take all necessary steps to protect public health, safety, and welfare including, without limitation, awarding contracts in accordance with Public Contract Code § 22050. Pursuant to Public Contracts Code § 22050(c), the City Council must review this emergency action at its regularly scheduled meeting and at every regularly scheduled meeting thereafter until the work described above is complete. The Council must determine by a four -fifths vote that there is a need to continue the work at each meeting or terminate the action at the earliest possible date that conditions warrant. CITY STRATEGIC PLAN COMPLIANCE: Goal 1: Develop and Maintain Quality Infrastructure and Technology Page 73 of 379 The Emergency Repair Work of a Recently Developed Sinkhole on Grand Avenue Just West of Indiana Street September 3, 2024 Page 3 of 3 Strategy D: Improve mobility and transportation throughout the city. Goal 2: Optimize Community Safety and Preparedness Strategy C: Protect and prepare the El Segundo Community and staff for any emergency, disaster, or environmental violation. Strategy D: Ensure that the community feels safe and is satisfied with the services of the El Segundo Police Department. 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. Resolution for Emergency Storm Drain Repair at Grand Avenue and Indiana Street Page 74 of 379 RESOLUTION NO. A RESOLUTION ADOPTED PURSUANT TO PUBLIC CONTRACTS CODE § 20168 FINDING THAT AN EMERGENCY HAS EXISTED WITHIN THE CITY, AUTHORIZING CONTRACTING WITHOUT THE NEED FOR BIDDING PURSUANT TO PUBLIC CONTRACTS CODE § 22050 The City Council does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. Pursuant to Public Contracts Code § 20168, the City Council may, upon a four -fifths vote, declare that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property because of an emergency. B. In accordance with Public Contracts Code §§ 20168 and 22050, the City Council may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. C. On August 15, 2024, a sudden, unforeseen collapse occurred on a City storm drain line located in Grand Avenue approximately 10-ft west of the intersection of Grand Avenue and Indiana Street. D. In compliance with applicable law, and to protect public, health, safety and welfare, the City took immediate emergency action to cause the storm drain to be repaired beginning on August 15, 2024. E. The utility line collapse created a sudden, unexpected occurrence that poses a clear and imminent danger to City property, its citizens, and employees. This threat required immediate action to prevent or mitigate the loss or impairment of essential public services. F. Under such emergency conditions, the City Council finds that the delay resulting from public bidding would imperil essential public services. SECTION 2: Approval; Delegation. The City Council approves the expense of $100,000 from the General Fund for the time and materials contracting cost required for the repairs required to remediate the emergency described in Section 1, above. The City Manager or designee is authorized to execute agreements or other associated documents, in forms approved by the City Attorney, to effectuate the necessary repairs. SECTION 3: In light of the emergency described above, the City Council directs the City Manager, or designee, to take all steps necessary to protect public health, safety Resolution No. Page 1 of 2 Page 75 of 379 and welfare including, without limitation, awarding and signing contracts in accordance with Public Contracts Code § 22050. SECTION 4: This Resolution will become retroactively effective immediately upon adoption and remain effective unless superseded by a subsequent resolution. SECTION 5: Pursuant to Public Contracts Code § 22050(c), the City Council will review this emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the work described above is completed. The Council must determine by a four -fifths vote that there is a need to continue the work at each meeting or terminate the action at the earliest possible date that conditions warrant. PASSED AND ADOPTED this day of , 2024. ATTEST: Tracy Weaver, City Clerk By: Mark D. Hensley, City Attorney Drew Boyles, Mayor Resolution No. Page 2 of 2 Page 76 of 379 City Council Agenda Statement F I, F, G t I) O Meeting Date: September 3, 2024 Agenda Heading: Consent Item Number: B.11 TITLE: Designation of Voting Delegate and Alternate to the Cal Cities - 2024 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 2024 Annual Conference & Expo is October 16 - 18, 2024, in Long Beach, CA. 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. Delegates will 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 77 of 379 Designation of Voting Delegate and Alternate to the Cal Cities - 2024 Annual Conference & Expo September 3, 2024 Page 2 of 2 Objective 1 B: El Segundo's engagement with the community ensures excellence. a047_10417 ya 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 78 of 379 LEAGUE OF CALIFORNIA CITI ES Council Action 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' event and meeting policy 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 79 of 379 AkIN LEAGUE OF CALIFORNIA CITI ES 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 zseals@calcities.orq. Attachments: • General Assembly Voting Guidelines • Voting Delegate/Alternate Form • Information Sheet: Cal Cities Resolutions and the General Assembly Page 80 of 379 LEAGUE OF CALIFORNIA CITI ES General Assembly Voting Guidelines 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 CALIFORNIA CITIES 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 Title: 2. VOTING DELEGATE - ALTERNATE Name: Title: Email: role, � 3. VOTING DELEGATE - ALTERNATE Name: 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 votingdelegates@calcities.org by Monday, August 28, 2023. Page 82 of 379 LEAGUE OF How it works: Cal Cities CALIFORNIA CITIES Resolutions and the General Assembly 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. During the Annual Conf.i 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 • m 'p During the General Assembly, voting delegates �j�;f•;��� I�I debate and consider general and petitioned resolutions forwarded by the Resolutions Committee. Potential Cal Cities bylaws amendments are also considered at this meeting. What's new in 2023? • 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. Who's who 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 more information visit www.calcities.org/general-assembly Page 83 of 379 . M M City Council Agenda Statement E L S E G U N D O Meeting Date: September 3, 2024 Agenda Heading: Staff Presentations Item Number: D.12 TITLE: Water Tower Illumination Schedule RECOMMENDATION: 1. Consider and provide direction regarding three proposed options for City water tower illumination. 2. Authorize the City Manager to implement the recommended schedule. 3. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: None. BACKGROUND: Since October 2020, the City of El Segundo's Public Works Water Division has periodically illuminated the City's iconic elevated water storage tank for the enjoyment of the City's residents and businesses. During this time, the scheduling for the illumination of the tank has been based on an informal calendar deriving from popular dates, annual occasions and notable events. Over recent years, the lighting equipment has become more elaborate, adding to the experience and allowing for more illumination options. DISCUSSION: This past July, shortly after the Independence Day holiday, some concerns were raised regarding the scheduling of the illumination of the water tower. Within the scheduling of the lighting, there were questions and concerns about what events and holidays are to be observed. In order to formalize a consistent schedule for future water tower illumination, City staff proposes three options to manage the lighting of the water tower. By granting the City Page 84 of 379 Water Tower Illumination Schedule September 3, 2024 Page 2 of 3 Manager the authority to implement one of three scheduling options, the City Manager would oversee the Annual Water Tower Illumination Schedule and determine the timeframe for the lighting events. Below are the three options that the staff believes are viable approaches to this policy: Option One: Current Programmed Lighting Illumination Themes Valentine's Day (Red/Pink Theme) Saint Patrick's Day (Green/Gold Theme) Fall (Orange/Yellow Theme) Independence Day (Red/White/Blue Theme) Halloween (Purple/Yellow Theme) Hanukkah (Light Blue/White Theme) Christmas (Green/Red Theme) El Segundo HS Colors (Blue/Gold Theme) Lakers Colors (Purple/Gold Theme) Dodgers Colors (Blue Theme) Chargers Colors (Blue/Gold Theme) Party Time (Various Flickering Color Theme) Pride (Rainbow Theme) Juneteenth (Red/Black/Green Theme) Unforseen Special Occasion as Determined by City Manager Option Two: Federal Holidays New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Christmas Option Three: No Illumination At this time, the Staff respectfully would like to recommend Option One, along with authorizing the City Manager the flexibility to determine the duration of the illumination of these events. It is to be noted that Option One includes some of the same events listed in Option Two. Page 85 of 379 Water Tower Illumination Schedule September 3, 2024 Page 3 of 3 CITY STRATEGIC PLAN COMPLIANCE: Goal 3: Deliver Solution -Oriented Customer Service, Communication, Diversity, Equity, and Inclusion Strategy B: Implement Diversity, Equity, and Inclusion (DEI) initiatives to cultivate representation and opportunities for all the members of the community. PREPARED BY: Erica Miramontes, Senior Management Analyst REVIEWED BY: Elias Sassoon, Public Works Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: ►GTiL2 Page 86 of 379 City Council Agenda Statement F 1 F �' t 1) �� Meeting Date: September 3, 2024 Agenda Heading: Staff Presentations Item Number: D.13 TITLE: Memorandum of Understanding Between the City of El Segundo and the El Segundo City Employees' Association, American Federation of State, County, and Municipal Employees, Local 3519 Bargaining Unit and Amendment to the City Contributions for California Public Employees' Retirement System Medical Premiums RECOMMENDATION: Adopt a resolution approving and adopting the memorandum of understanding between the City of El Segundo and the El Segundo City Employees' Association's American Federation of State, County, and Municipal Employees, Local 3519 Bargaining Unit. 2. Adopt a resolution amending the City contributions for California Public Employees' Retirement System medical premiums pursuant to the memorandum of understanding between the City of El Segundo and the bargaining unit. 3. Appropriate $815,330 from the General Fund reserves to the various FY 2024-25 salaries and wages budget expenditure accounts. 4. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: The total cost of the successor El Segundo City Employees' Association (CEA) Memorandum of Understanding (MOU) is $2,382,821 for the term October 1, 2023 through June 30, 2027. The fiscal impact for FY 2024-25 is $815,330. A budget appropriation from the General Fund Reserves is required as it was not included in the adopted FY 2024-25 budget. Expense: Amount Budgeted: $0 Additional Appropriation: $815,330 Account Numbers: Various Departmental Salaries and Wages accounts Page 87 of 379 CEA MOU and PEMHCA Amendment September 3, 2024 Page 2 of 4 BACKGROUND: CEA's MOU with the City expired September 30, 2024. Staff and representatives of the CEA met and conferred pursuant to Section 3500 et seq. of the California Government Code, the Meyers-Milias-Brown Act, for purposes of reaching a labor agreement. The parties exchanged four (4) formal proposals each. CEA declared impasse on November 1, 2023. On March 28, 2024, the City was notified that CEA had affiliated with the American Federation of State, County, and Municipal Employees (AFSCME) District Council 36, AFL-CIO. On June 12, 2024, CEA representatives met with the City to review the City's Last Best and Final Offer (LBFO). On July 18, 2024, the City's chief negotiator Alex Volberding received a supposal from CEA's Business Representative Bob Adams. Staff was provided authority and direction by City Council regarding the CEA Supposal during the August 20, 2024 Closed Session and responded to CEA on August 21, 2024. Tentative Agreement was reached on August 26, 2024 and the CEA ratified the agreement on the same day. These negotiations included a very comprehensive review and reorganization of the MOU which will provide clearer language for its members and for City staff to administer in furtherance of Goal 4 of the Strategic Plan, "Promote and Celebrate a Quality Workforce Through Teamwork and Organizational Excellence." DISCUSSION: The MOU provides for increases to base salaries, City contributions for health, dental and vision, life insurance, boot allowance and vacation leave accruals. New provisions include a 4/10 Alternate Work Schedule, Class A or B driver's license pay, and bilingual pay for eligible employees. The redlined MOU is attached which shows these revisions and other clean-up language. The CEA bargaining unit represents job classifications throughout many City departments, but particularly in the Public Works department. There are sixty-seven (67) incumbents. The following are highlights of the salary and benefit changes to the MOU: 1. Term: 3 years and 9 months, October 1,2023, to June 30, 2027 2. Signing Bonus: $5,050. This bonus includes compensation for increased City contributions to health insurance received by other bargaining units as well as the value of a retroactive salary increase of 2% effective October 1, 2023. 3. Salary Adjustments: o 3% effective July 1, 2024 o 3% effective July 1, 2025 o 2% effective July 1, 2026 Page 88 of 379 CEA MOU and PEMHCA Amendment September 3, 2024 Page 3 of 4 4. Health Insurance Increases (monthly): o Effective upon adoption: from $1,600 to $1,750 o Effective January 1, 2025: from $1,750 to $1,800 o Effective January 1, 2026: from $1,800 to $1,850 o Effective January 1, 2027: from $1,850 to $1,900 5. Dental, Vision, and Life Contribution: increase from $135 to $184.25 per month 6. Basic Life Insurance Coverage: Increase from $30,000 to $50,000 7. Boot Allowance: Increase from $180 to $220 annually 8. Driver's License Pay for eligible job classifications: Class A- $34.62 per pay period; Class B- $23.08 per pay period 9. Bilingual Pay for eligible employees: $73.40 per pay period 10. Vacation Leave: Addition of one (1) Vacation hour per month in exchange for hard cap on vacation accrual such that no employee shall be permitted to accrue in excess of twice their annual accrual rate. 11. Sick Leave: Accrual not to exceed 600 hours 12. Personal Leave Day: Addition of 1 calendar day per year Additionally, the parties agreed to various items including the following: • 4/10 Alternative Work Schedule with Department Head approval; • Acting time served while working in a higher classification credited towards the probationary period if promoted to the higher classification; • Retiree Dental and Vision- Retirees may remain on City plan if enrolled when retiring; retiree to pay premiums; and • Revision of the leave cash out process to comply with the IRS doctrine of constructive receipt. The California Public Employees' Retirement System (CaIPERS) requires contracting agencies participating in the Medical Plan under the Public Employee's Medical and Hospital Care Act (PEMHCA) to submit a change resolution approved by the City Council to amend the employer contribution for medical premiums. Attached for adoption is the required resolution to increase the 2024 City paid medical premiums as noted above. Upon approval and adoption of the MOU and related resolutions, Human Resources will work with Finance to implement all provisions as negotiated. CITY STRATEGIC PLAN COMPLIANCE: Goal 4: Promote and Celebrate a Quality Workforce Through Teamwork and Organizational Excellence Strategy A: Enhance staff recruitment, retention, and training to ensure delivery of Page 89 of 379 CEA MOU and PEMHCA Amendment September 3, 2024 Page 4 of 4 unparalleled City services and implementation of City Council policies. Strategy B: Improve organizational excellence by implementing processes and tools that facilitate data collection and analysis while promoting data -driven decision - making. 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 Approving and Adopting the CEA MOU 2. Exhibit A- City Supposal CEA MOU CLEAN 3. City Supposal CEA MOU- REDLINE 4. Resolution Fixing the Employer Contribution 003 El Segundo El SegundoCity Employees Association (ESCEA) Page 90 of 379 RESOLUTION NO. A RESOLUTION APPROVING AND ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO AND THE EL SEGUNDO CITY EMPLOYEES' ASSOCIATION, AFSCME, LOCAL 3519 BARGAINING UNIT The City Council of the city of El Segundo does resolve as follows: SECTION 1. Findings. The City Council finds and determines as follows: A. The City of El Segundo ("City") previously entered into a memorandum of understanding ("MOU") with The El Segundo City Employees' Association ("CEA"), a recognized employee organization, for the term of March 20, 2019 through September 30, 2023. B. Representatives from the City and CEA met and conferred in good faith to reach an agreement on wages, benefits, and other terms and conditions of employment, which are memorialized in the MOU between the City and CEA attached hereto as "Exhibit A" and incorporate herein by this reference. C. The CEA ratified said agreement on August 26, 2024. SECTION 2. Actions, Direction. A. The City Council approves the MOU between the City and CEA for the period October 1, 2023 through June 30, 2027. B. Staff is directed and authorized to implement all the MOU's terms. SECTION 3. 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 Resolution are severable. 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 Direction. 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. Page 91 of 379 PASSED, APPROVED AND ADOPTED this day of , 2024. Drew Boyles, Mayor 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 of said City, and attested by the City Clerk of said City, all at a regular meeting of said City Council held on the day of 2024, 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 92 of 379 EXHIBIT "A" MOU between the City and CEA for the period October 1, 2023 through June 30, 2027 Page 93 of 379 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO AND EL SEGUNDO CITY EMPLOYEES' ASSOCIATION AFSCME, LOCAL 3519 Term: October 1, 2023 through June 30, 2027 Page 94 of 379 CEA MOU TABLE OF CONTENTS ARTICLE I- INTRODUCTION SECTION1- Preamble........................................................................................................................1 SECTION2- Recognition...................................................................................................................1 SECTION3- Term...............................................................................................................................1 SECTION 4- Non-Discrimination.......................................................................................................1 ARTICLE 2- COMPENSATION SECTION 1- Compensation Adjustments........................................................................................2 SECTION 2- Ratification Bonus........................................................................................................2 SECTION 3- Salary Table Advancement..........................................................................................2 SECTION 4- Accelerated Salary Step Advancement....................................................................... 3 SECTION 5- Class Series Classifications........................................................................................4 SECTION 6- Payroll Direct Deposit...................................................................................................6 SECTION7- Termination Pay............................................................................................................6 SECTION 8- Temporary Assignment to Higher Classification.......................................................6 SECTION9- Standby Duty.................................................................................................................7 SECTION10- Recall Time.................................................................................................................8 SECTION 11- Night Shift Differential Pay........................................................................................8 SECTION 12- Uniforms, Boots and Allowances.............................................................................8 SECTION 13- Educational Incentive Pay........................................................................................11 SECTION 14- Certification Pay........................................................................................................11 SECTION15- Longevity Pay............................................................................................................12 SECTION16- License Pay...............................................................................................................12 SECTION 17- Bilingual Pay.............................................................................................................13 SECTION 18- Assignment of Work Schedule................................................................................14 SECTION 19- Assignment of Work Periods and Schedules for Library Employees ..................14 SECTION 20- Reduced Work Schedules........................................................................................15 Page 95 of 379 CEA MOU TABLE OF CONTENTS SECTION 21- Alternative Work Schedules.....................................................................................16 SECTION 22- Rest and Lunch Periods...........................................................................................16 SECTION 23- Overtime Compensation..........................................................................................17 SECTION 24- Overtime Authorization............................................................................................17 SECTION 24- Overtime Distribution...............................................................................................18 SECTION 26- Compensatory ("Comp") Time................................................................................18 SECTION 27- Reimbursable Overtime for Inspection Events Outside Regularly Scheduled Hoursof Work..................................................................................................................................18 SECTION28- Promotions................................................................................................................19 SECTION 28- Promotional Examinations.......................................................................................19 SECTION 1- Health Insurance.........................................................................................................20 SECTION 2- Dental Insurance.........................................................................................................20 SECTION 3- Vision Insurance......................................................................................................... 20 SECTION 4- Life Insurance..............................................................................................................20 SECTION 5- Dental, Vision and Life Insurance Contribution.......................................................21 SECTION 6- Flexible Spending Account........................................................................................21 SECTION 7- Retirement Health Insurance Contribution...............................................................21 SECTION 8- Retiree Dental and Vision...........................................................................................21 SECTION 9- Long Term Disability ("LTD") Insurance...................................................................22 SECTION 10- State Disability ("SDI") Program.............................................................................. 22 SECTION11- Retirement.................................................................................................................22 SECTION 12- Workers' Compensation Provisions........................................................................24 SECTION 13- Education Reimbursement Program.......................................................................24 SECTION 14- Employee Assistance Program ("EAP").................................................................25 SECTION 15- El Segundo City Employees Association Insurance..............................................26 Page 96 of 379 CEA MOU TABLE OF CONTENTS SECTION 1- Vacation Accrual......................................................................................................... 26 SECTION 2- Vacation Accrual Cap................................................................................................. 26 SECTION3- Vacation Use............................................................................................................... 26 SECTION 4- Vacation Cash Out- Active Employees..................................................................... 26 SECTION 5- Vacation Cash Out Upon Separation........................................................................ 27 SECTION 6- Sick Leave Accrual..................................................................................................... 28 SECTION7- Sick Leave Cap............................................................................................................ 28 SECTION 8- Sick Leave Requests and Certification..................................................................... 28 SECTION 9- Sick Leave Cashout.................................................................................................... 28 SECTION 10- Sick Leave to Provide Car for Family Members ..................................................... 29 SECTION 11- Holidays..................................................................................................................... 29 SECTION 12- Holidays Falling on Saturdays and Sundays.......................................................... 30 SECTION 13- Holidays Falling on an Employee Workday or Regularly Scheduled Day Off .....30 SECTION 14- Personal Leave Day..................................................................................................31 SECTION 15- Limited Carryover of Floating Holidays and Personal Leave................................31 SECTION 16- Bereavement Leave.................................................................................................. 31 SECTION 17- Personal Emergency Leave..................................................................................... 31 SECTION 18- Catastrophic Leave Bank......................................................................................... 32 SECTION19- Jury Duty................................................................................................................... 32 ARTICLE 5- EMPLOYER -EMPLOYEE RELATIONS SECTION 1- Representational Rights............................................................................................. 33 SECTION 2- Designation of Board Members and Release Time..................................................33 SECTION 3- Designation of Regular Bargaining Team Members, Subject Matter Experts, Non - City Representatives and Release Time....................................................................33 SECTION 3- No-Strike...................................................................................................................... 34 SECTION 4- Management Rights.................................................................................................... 34 Page 97 of 379 CEA MOU TABLE OF CONTENTS SECTION 5- Grounds for Layoff..................................................................................................... 35 SECTION 6- Notice to Employees................................................................................................... 35 SECTION 7- Layoff Procedures...................................................................................................... 35 SECTION 8- Tie Breaks.................................................................................................................... 36 SECTION 9- Reduction to a Vacant Position................................................................................. 37 SECTION 10- Displacement Rights................................................................................................. 37 SECTION 11- Salary Placement...................................................................................................... 37 SECTION 12- Reemployment List................................................................................................... 37 SECTION 13- Rights Upon Reemployment.................................................................................... 38 SECTION 14- Grievance Procedure Definition of Terms.............................................................. 38 SECTION 15- Matters Excluded from the Grievance Procedure .................................................. 38 SECTION 16-Time Limits.................................................................................................................39 SECTION17- Procedure................................................................................................................... 39 SECTION 18- Grievance Conferences............................................................................................40 SECTION 19- Binding Arbitration Agreement................................................................................40 ARTICLE 6- OTHER PROVISIONS SECTION 1- Part -Time Employees.................................................................................................. 43 SECTION 2- Department of Transportation Drug Testing Guidelines .......................................... 44 SECTION 3- Street Maintenance Worker Duties.............................................................................44 SECTION 4- Personnel File.............................................................................................................44 SECTION5- New Employees............................................................................................................44 SECTION 6- Association Dues Deductions................................................................................... 46 SECTION 7- Complete Agreement...................................................................................................46 SECTION 8- Savings Clause............................................................................................................46 SECTION 9- Implementation of Agreement.................................................................................... 47 SECTION10- Reopener................................................................................................................... 37 Page 98 of 379 MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN CITY OF EL SEGUNDO ("City") AND EL SEGUNDO CITY EMPLOYEES' ASSOCIATION ("CEA") AFSCME, Local 3519 ARTICLE 1 - INTRODUCTION SECTION 1. Preamble This Memorandum of Understanding (hereinafter referred to as the "MOU" or the "Agreement") is made and entered into between the City of the El Segundo (hereinafter referred to as the "City" or "Employer") and the El Segundo City Employees' Association, hereinafter referred to as ("Association," "Union" or "CEA"), pursuant to the California Government Code Section 3500 et seq. SECTION 2. Recognition The City recognizes the Union as the exclusive representative of the employees in the general employees' representation unit, which is comprised of the full-time permanent and part- time permanent non -safety employees in the City's "classified service," except Police Assistant 1/11, Police Service Officer 1/11, Crime Scene Investigator 1/11, and those classes defined as management/confidential or supervisory/professional. Appendix A enumerates the job classifications represented by the Union as part of this representation unit. The City's recognition of the Union shall not be subject to challenge except as provided under the provisions of the City's Employer -Employee Organization Relations Resolution No. 3208. The City agrees to meet and confer with the Union on all matters within the scope of representation as they pertain to said employees. The City acknowledges the appropriateness of the representation unit as it is currently composed. SECTION 3. Term The MOU shall commence on October 1, 2023 and end on June 30, 2027. SECTION 4. Non -Discrimination Neither the City nor the Union shall discriminate against any employee because of race, color, age, religion, creed, national origin, ancestry, sex, gender, sexual orientation, medical condition, genetic information, marital status, or any other recognized protected category under the law, and shall act affirmatively to accomplish equal employment opportunities for all employees. Page 99 of 379 CEA MOU October 1, 2023 through June 30, 2027 ARTICLE 2 — COMPENSATION SECTION 1. Compensation Adjustments The City shall provide the following salary increases to employees: Retroactive to the first full pay following July 1, 2024: Increase base salary by three percent (3.00%) 2. Effective the first full pay period following July 1, 2025: Increase base salary by three percent (3.00%); and 3. Effective the first full pay period following July 1, 2026: Increase base salary by two percent (2.00%). The City shall provide the amount owed as a result of the operation of the retroactive salary increase as part of the employee's regular payroll operation in the first full pay period following the adoption of the MOU by the City Council. The check shall provide for the additional amount owed during the period between July 1, 2024 and the operative date of the increased salary following the date of adoption by the City Council. SECTION 2. Ratification Bonus The City shall provide a one-time ratification bonus in the amount of $5,050 to each employee in the bargaining unit who is employed by the City at the time that the MOU is ratified by the Union. The City shall provide the bonus in the first full pay period following the adoption of the MOU by the City Council. SECTION 3. Salary Table Step Advancement A. The advancement of an employee from Step A to Step B shall be on the beginning of the pay period immediately following satisfactory completion of the employee's first six (6) months' service. The advancement from Step A to Step B shall result in the employee receiving a new anniversary date. Advancement from Step B to Step C, from Step C to Step D, and from Step D to Step E shall each occur at the beginning of the pay period during which the employee will complete one (1) year of satisfactory service in the prior step, subject to the limitations set forth in Article 2, Section 4, below. Unless the employee receives an accelerated salary step advancement, as described in Article 2, Section 4, salary step advancements shall be on the anniversary date of the employee's prior step advancement. Step E contemplates continued service in such classification until further advancement is indicated by reason of longevity. K Page 100 of 379 CEA MOU October 1, 2023 through June 30, 2027 B. Step Advancement - Anniversary Date The City shall provide the increase in compensation associated with a step advancement at the beginning of the pay period during which the anniversary occurs. Other changes in salary shall not change the anniversary date, except for changes in job classification made in accordance with the Personnel Merit System Ordinance or the Personnel Rules and Regulations. The City reserves the right, at any time, and in its sole discretion, to change the range number assigned to any employee and to determine the particular step in any range number which is to be thereafter assigned to any such employee, subject to meet and confer with the Union. Notwithstanding the above, an employee in a class series classification under Article 2, Section 5 shall not be assigned a new anniversary date when they are advanced from Level I to Level II in that same classification. C. Increases Based on Merit - Basic Salary Schedule An employee shall be eligible for advancement to a higher step on the basis of service time as described in Article 2, Section 3, Subsection B., above, and satisfactory performance of duties. An employee will be presumed to merit an increase unless their Department Head, with the concurrence of the Director of Human Resources, notifies the employee in writing no later than the end of the pay period which begins after said employee's anniversary date that the increase should be withheld, stating reasons. The reasons shall be provided to the employee in writing. If the employee's performance subsequently improves to a satisfactory level, the step increase will be granted and the date of increase will become the employee's anniversary date. SECTION 4. Accelerated Salary Steo Advancement Accelerated salary step advancement is intended to recognize employees whose job performance is outstanding and consistently exceeds normal expectations for their current step. Prior to an employee completing one (1) year of service at their current step, a n employee whose performance is exemplary and consistently exceeds normal expectations for their current step may be eligible to receive accelerated salary step advancement to the next higher salary step, so long as the employee has not yet reached the top step of their salary range. Recommended accelerated salary increases shall be in whole percentages ranging from 1-5%. An employee may receive more than one salary step advancement, but in most cases the total granted shall not exceed 5% in a twelve (12) month period. In order to be eligible for accelerated salary step 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. M Page 101 of 379 CEA MOU October 1, 2023 through June 30, 2027 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 Citywide criteria for accelerated step advancement. The accelerated salary advancement(s) shall not change the affected employee's anniversary date for purposes of determining future salary step advancement. In no case shall an employee receive compensation that exceeds Step E of their respective salary schedule. Section 5. Class Series Classifications A. The following classifications listed below shall be described as class series classifications and employees in such classifications shall be paid according to one of two salary ranges assigned to each of these classifications depending on whether the employee is designated as Level I or Level II employee: Accounts Specialist 1/11 2. Building Inspector 1/11 3. Equipment Mechanic 1/11 4. Fire Prevention Specialist 1/11 5. Library Clerk 1/11 6. License Permit Specialist 1/11 7. Office Specialist 1/11 8. Park Maintenance Worker 1/11 9. Public Works Inspector 1/11 10. Street Maintenance Worker 1/11 11. Wastewater Maintenance Worker 1/11 12. Water Maintenance Worker 1/11 B. Step Advancement in Class Series Classifications In each of these classes, entry level may be made at two different work performance, skill, and assigned responsibility levels corresponding to the two different salary range levels. m Page 102 of 379 CEA MOU October 1, 2023 through June 30, 2027 When entry is made at Level I, the employee shall progress through steps of the range assigned to that level in the manner described in Article 2, Section 3, except as noted below. When entry is made at Level 11, the employee shall advance through the steps of the range assigned to that level in the same manner as described in Article 2, Section 3. C. Class Series Advancement Every person employed at Level I shall be eligible to advance to Level II without regard to the number of other employees at either of the levels or budget limitations. To assure the latter, class series positions shall be budgeted at Level II in all cases. Merit considerations, as clarified by the factors listed below, shall be the exclusive basis for advancement to Level II. When an employee is employed at Level I, such employee may be advanced to Level II upon an evaluation by their Department Head and approval of the Director of Human Resources that the employee's work performance, skill development, and demonstrated ability to perform higher level duties at Level I makes their advancement to Level II appropriate. No employee shall be advanced to Level II without such an evaluation. The determination to advance an employee to Level II shall not be made by a subjective evaluation of the criteria stated above but shall be made upon a finding that the employee's work performance meets specific criteria developing from the following factors, among others deemed appropriate: Length of service at Level I; 2. Meeting minimum qualifications posted on class specifications; 3. Acquisition of specialized skills required of the position; 4. Achievement of specific job -related goals and objectives during a specified period of time; 5. Increased ability to work without close supervision; 6. Ability to exercise increased individual judgment; 7. Ability to provide leadership and guidance to less experienced employees; 8. Ability to understand and properly apply departmental rules; and 9. Ability to produce work which is acceptable both in terms of quality and quantity and which represents at least the average level of work produced by other Level 11 employees. In order to effectuate the advancement from Level I to Level 11, the immediate supervisor shall prepare a memo for approval by the Department Head, which is sent to the Director of Human Resources, or their designee, and processed through a Personnel Action Form ("PAF"). The Director of Human Resources or their designee shall review and approve the 67 Page 103 of 379 CEA MOU October 1, 2023 through June 30, 2027 PAF and authorize the employee's advancement and change in status from Level I to Level II. D. Compensation after Class Series Advancement Whenever an employee's status changes from Level I to Level 11, such employee shall be compensated at the lowest rate of compensation provided for in the higher Level II salary range which exceeds by not less than five percent (5%) the rate of compensation received by said employee at the time of assignment to Level 11. While occupying a position assigned to a class series classification, an employee shall serve only one probation period. E. Longevity Achievement on Merit Employees to whom this Section applies who are eligible to receive longevity pay shall receive longevity pay based upon an overall rating of "standard" or higher as determined by the employee's performance evaluation. If the employee fails to qualify for longevity pay because of failure to have attained a "standard" or higher rating, and the employee's overall performance subsequently improves to at least a "standard" level, the longevity pay increase shall be granted upon the issuance of a satisfactory performance report. SECTION 6. Payroll Direct Deposit Payroll is distributed bi-weekly (i.e., 26 times per year). The City shall electronically deposit employees' paychecks directly into a savings or checking account designated by the employee. Employees shall be responsible for providing the Finance Department with the correct transit routing and account information. ADDITIONAL COMPENSATION SECTION 7. Termination Pa Upon termination of employment during a pay period, pay shall be prorated and paid for each day worked in said pay period and the terminal salary warrant shall include accrued vacation pay to the time of termination. Rate of pay for accrued vacation at the time of termination shall be at the employee's base salary hour rate of pay. SECTION 8. Temporary Service in a Higher Classification An employees who is qualified to work in a higher classification or position shall receive an increase to their salary rate, as described below, for the duration of their assignment to and service in such classification or position under the following conditions: (1) The City requires that the employee serve for not less than ten (10) days in the higher classification or position and that the employee be responsible for performance of the work of such classification or position; and (2) The City Manager approves the employee's temporary assignment to and service in such classification or position. 1101 Page 104 of 379 CEA MOU October 1, 2023 through June 30, 2027 During such assignment, the employee shall be placed at the lowest step in the higher class or position that provides for a base salary not less than five percent (5%) above the employee's base salary. Temporary assignments shall be limited to 960 hours per fiscal year. For purposes of calculating the amount of time that an employee serves in a probationary status following promotion to a higher classification or position, the City shall recognize and credit an employee who serves in a higher classification or position during a temporary assignment with a deduction to the time that the employee must serve in a probationary status. The City shall credit the employee with the days served in the higher classification or position and shall make a comparable reduction to the number of days that the employee must serve in a probationary status following promotion to the higher classification or position. The City will not credit the employee for any time spent on unpaid leave or extended paid leave during their temporary assignment. For this purpose, the Parties agree that "extended paid leave" means leave that exceeds one week. SECTION 9. Standby Duty Standby duty is the time that employees, who have been released from duty, are specifically required by their supervisor to be available for return to duty when required by the City. During standby duty, employees are not required to remain at their City workstation or any other specified location. Standby duty employees are free to engage in personal business and activities. The City requires that standby duty employees adhere to the following: Be reachable by cellular phone or other device. The City may, in its discretion, provide a cellular phone or other device to an assigned standby duty employee for purposes of responding to requests to return to duty. 2. Be ready to respond immediately. 3. Be able to report to work within one (1) hour of notification. 4. Refrain from activities which might impair their ability to perform assigned duties. This includes, but is not limited to, abstaining from the consumption of any alcoholic beverage and the use of any illegal drug or incapacitating medication. 5. Respond to any call back during the assigned standby assigned standby period. As with any City equipment, any device assigned to an employee is the responsibility of the employee during the standby assignment. The employee is liable for an y loss of or damage to the device which is caused by the employee's negligence or intentional acts. Failure of an employee to comply with the provisions of standby duty may subject the employee to discipline, up to and including termination of employment with the City. rl Page 105 of 379 CEA MOU October 1, 2023 through June 30, 2027 For each assigned period of standby duty employees shall be provided two (2) hours of pay per day. Employees recalled to duty shall receive a minimum of four (4) hours of recall pay at their regular rate of pay as provided under Article 2, Section 10. An employee who uses sick leave or vacation leave during a standby period shall not be provided any form of compensation for the standby period other than the compensation for the sick leave or vacation, unless the employee's department head approves, in writing, the provision of the normal standby period compensation. Within 120 days of the adoption of this Agreement, the Parties shall meet to discuss standby duty and pay. SECTION 10. Recall Time Employees who are required by their supervisor to return to a designated worksite other than during the employee's regularly scheduled hours of work and at a time not contiguous with said regularly scheduled hours of work, shall be provided a minimum of four (4) hours work time credit at one and one half (1 '/2) times the employee's regular rate of pay. Prescheduled overtime does not constitute recall time. SECTION 11. Night Shift Differential Pay Employees shall be entitled to night shift differential pay of ninety cents ($.90) per hour for each of the hours worked during their regularly scheduled shift when a minimum of four (4) hours are scheduled between the hours of 5:00 p.m. and 6:00 a.m. Employees who work overtime shall not be entitled to shift differential pay for hours in which they receive overtime pay. SECTION 12. Uniforms, Boots and Allowances The City shall provide for uniforms, clothing, and safety shoes and boots as follows: A. Uniforms: The City provides uniforms to employees in the following classifications: 1. Building Inspector 1/11; 2. Custodian; 3. Equipment Mechanic 1/11; 4. Facilities Systems Mechanic; 5. Fire Prevention Specialist 1/11; 6. Maintenance Worker 1/11; 7. Meter Reader/Repairer; E:3 Page 106 of 379 CEA MOU October 1, 2023 through June 30, 2027 8. Park Facilities Maintenance Technician; 9. Park Maintenance Worker 1/11; 10. Pool Technician; 11. Senior Equipment Mechanic; 12. Senior Park Maintenance Worker; 13. Street Maintenance Leadworker; 14. Tree Maintenance Worker; 15. Wastewater Maintenance Leadworker; and 16. Water Maintenance Leadworker B. The City shall replace unserviceable uniforms by means of the replacement policies and procedures applicable to sworn uniformed City police personnel. The replacement of unserviceable uniforms will not count against any uniform maintenance allowance paid to eligible employees. C. Uniform Allowance: Employees in the Fire Prevention Specialist 1/II classifications shall receive a uniform allowance in the amount of $240 per year for each year of active duty service in such classification. In the event that the City provides such employees a uniform allowance and the employees are considered "classic" members of PERS, the City shall report to PERS the monetary value of the uniform allowance. D. Rain Gear: The City shall provide rain gear for employees in the Building Inspectors 1/11 classification. E. Safety Shoes and Boots: The City shall provide a pre-tax annual allowance for the purchase of safety shoes or boots in the amount of $220.00 to employees in the following classifications that the City requires to wear safety shoes or boots: 1. Building Inspector 1/11; 2. Equipment Mechanic 1/11; 3. Facilities Systems Mechanic; 4. Fire Prevention Specialist 1/11; 5. Maintenance Worker 1/11; �61 Page 107 of 379 CEA MOU October 1, 2023 through June 30, 2027 6. Meter Reader/Repairer; 7. Park Facilities Maintenance Technician; 8. Park Maintenance Worker 1/11; 9. Pool Technician; 10. Senior Equipment Mechanic; 11. Street Maintenance Leadworker 12. Street Maintenance Worker 1/11; 13. Tree Maintenance Worker; 14. Wastewater Maintenance Worker 1/11; 15. Wastewater Maintenance Leadworker; 16. Water Maintenance Worker 1/11; and 17. Water Maintenance Leadworker The City will report to PERS the monetary value of the safety shoe or boot allowance. E. The City shall contract with a vendor for provision of said safety shoes or boots. Covered employees shall obtain the shoes from the contracted vendor unless the employee's Department Head determines that the vendor does not have the safety shoes or boots necessary for the employee to perform their job safely. Covered employees may use their safety shoe and boot allowance to purchase safety shoes or boots from the approved vendor. Upon receipt of written authorization from the Department Head, an employee who is unable to procure the necessary safety shoes or boots in order to perform their job safely may purchase safety shoes or boots at a location of their choice, subject to the maximum $220.00 pre-tax limit City contribution. The City shall not unreasonably deny a request for an additional safety shoe or boot allowance if a covered employee's safety shoes or boots are damaged or worn to the point of being unusable or unsafe. If the City denies the request for an additional safety shoe or boot allowance is denied, City shall provide the reason for such denial in writing to the employee. 10 Page 108 of 379 CEA MOU October 1, 2023 through June 30, 2027 SECTION 13. Educational Incentive Pav Eligible employees shall be entitled to receive educational incentive pay as described below. In order to qualify for educational incentive pay an employee must satisfy the following conditions: (1) Hired before May 10, 2017; (2) Work in a job classification that does not require a bachelor's degree or higher degree to qualify for the classification; and (3) Receive a bachelor's degree or higher degree from an accredited college or university in one (1) of the following majors: (a) public administration, (b) business administration, (c) engineering, or (d) other job -related major, which had been approved by the Department Head, in writing, prior to admission of the specific employee into that major. Job Classifications Occupying Salary Grades 11-19: $101.37/pay period Job Classifications Occupying Salary Grades 20-29: $129.77/pay period Job Classifications Occupying Salary Grades 30-39: $154.25/pay period If, during the term of this MOU, the City assigns a job classification a salary grade higher than 39, the flat dollar per pay period amount of education incentive pay for the employee in the classification shall be equivalent to five percent (5%) of the base salary of Step E of the salary grade. The City shall report educational incentive pay to PERS. Section 14. Certification Pay Employees in the following job classifications shall be eligible to receive certification pay for obtaining and maintaining a certification above the level required by the City as provided for in the relevant classification specification and approved, in writing, by the employee's Department Head: Meter Reader/Repairer; 2. Street Maintenance Leadworker; 3. Tree Maintenance Worker; 4. Wastewater Maintenance Leadworker; 5. Wastewater Maintenance Worker II; 6. Water Maintenance Leadworker; and 7. Water Maintenance Worker II Job Classifications Occupying Salary Grades 11-19: $101.37/pay period Job Classifications Occupying Salary Grades 20-29: $129.77/pay period Job Classifications Occupying Salary Grades 30-39: $154.25/pay period 11 Page 109 of 379 CEA MOU October 1, 2023 through June 30, 2027 If, during the term of this MOU, the City assigns a job classification a salary grade higher than 39, the flat dollar per pay period amount of certification pay for the employee shall be equivalent to five percent (5%) of the base salary of Step E of the salary grade. SECTION 15. Longevity Pay The City shall provide longevity pay to full-time employees hired before May 10, 2017 based on their years of full-time service with the City as follows: Job Classifications Occupying Salary Grades 11-19: Completion of 5 years of service: Completion of 10 years of service Completion of 15 years of service Job Classifications Occupying Salary Grades 20-29: Completion of 5 years of service Completion of 10 years of service Completion of 15 years of service Job Classifications Occupying Salary Grades 30-39: Completion of 5 years of service Completion of 1 0 years of service Completion of 15 years of service $20.28/pay period $40.55/pay period $69.82/pay period $25.95/pay period $51.90/pay period $77.876/pay period $30.85/pay period $61.70/pay period $92.55/pay period If, during the term of this MOU, the City assigns a job classification a salary grade higher than 39, the flat dollar per pay period amount of longevity pay for the employee shall be equivalent to one percent (1%) of the base salary of Step E of the salary grade for five (5) years' of service; two percent (2%) of the base salary of Step E of the salary grade for ten (10) years' of service; and three percent (3%) of the base salary of Step E of the salary grade for fifteen (15) years' of service. Permanent part-time employees hired before May 10, 2017 will receive longevity pay based on their years' service with the City, whether in a full- or part-time capacity, and their regular biweekly schedule proportionate to a full-time schedule of 80 hours every two weeks. The City shall report longevity pay to PERS. SECTION 16. License Pay A. The City shall provide license pay in the amount of $34.62 per pay period to employees in the following job classifications for obtaining and maintaining the Class A California Driver's License required on the City Council approved class specification: Equipment Mechanic II; and 2. Senior Equipment Mechanic im Page 110 of 379 CEA MOU October 1, 2023 through June 30, 2027 B. The City shall provide license pay in the amount of $23.08 per pay period to employees in the following job classifications for obtaining and maintaining the Class B California Driver's License required on the City Council approved class specification: Street Maintenance Leadworker; 2. Street Maintenance Worker II; 3. Tree Maintenance Worker; 4. Wastewater Maintenance Leadworker; 5. Wastewater Maintenance Worker II; 6. Water Maintenance Leadworker; and 7. Water Maintenance Worker II C. The City shall provide license pay in the amount of $23.08 per pay period to employees in the following job classifications who voluntarily obtain and maintain a Class B California Driver's License: Park Maintenance Worker II; 2. Facilities Systems Mechanic; and 3. Equipment Mechanic I These employees shall be subject to all Department of Transportation requirements applicable to the possession of such license. SECTION 17. Bilinaual Pa An employee who demonstrates conversational and written fluency in a language other than English that is approved by their Department Head and who is assigned duties in which such language skills are regularly used shall be entitled to bilingual pay as described below. In order to determine the employee's proficiency in the language, the City will utilize a standardized, industry -accepted test (e.g., Berlitz, Inc.). Following the employee's submission of documentation to their Department Head that they are qualified to receive bilingual pay, the City will provide the employee such pay starting the next full pay period after the Department Head certifies that the employee is qualified to receive such pay. In the event that the Department Head does not certify the employee's qualification to receive such pay in order for the employee to receive such pay the next full pay period, the City will provide the employee retroactive pay to the first full pay period following the employee's submission of documentation to their Department Head that they are qualified to receive such pay. 13 Page 111 of 379 CEA MOU October 1, 2023 through June 30, 2027 The City will provide bilingual pay at the rate $73.40 per pay period. WORK SCHEDULES SECTION 18. Assignment of Work Schedules A. Other than employees who work at the Library, who are discussed in Article 2, Section 19, employees shall work a 9/80 work schedule, unless they have agreed to an Alternative Work Schedule, as set forth at Article 2, Section 21. Employees assigned to a 9/80 work schedule shall work eight (8) nine (9) hour days and one (1) eight (8) hour day every two weeks according to their assigned shift as described below. B. A Department Head may assign employees in their Department to one (1) of two (2) schedules: (1) "A"; or (2) "B". Employees assigned to the "A" and "B" schedules work a 9/80 schedule, with employees assigned to the "A" schedule working four (4) nine (9) hour shifts Monday through Thursday and one (1) eight (8) hour shift Friday and taking the next Friday off, and employees assigned to the "B" schedule working four (4) nine (9) hour shifts Monday through Thursday and one (1) eight (8) hour shift on the Friday that the employees assigned to the "A" schedule take off, and taking off the Friday that the employees assigned to the "A" schedule work. SECTION 19. Assignment of Work Periods and Schedules for Library Employees A. Work Periods In accordance with the FLSA 7(b) exemption, the City shall assign employees in the following classifications who work at the Library to a 52-week work period: Senior Library Assistant; 2. Library Assistant; and 3. Library Clerk 1/11 B. Guaranteed Hours The City will guarantee employees in such classifications a minimum of 1,840 hours per year. C. Maximum Permissible Hours Employees working under this exemption may not work in excess of 2,240 hours in a 52- week period. D. Overtime The City will pay any such employee overtime in the event that the employee works more than twelve (12) hours per day, fifty-six (56) hours per week, or 2,080 hours per year. ILl Page 112 of 379 CEA MOU October 1, 2023 through June 30, 2027 E. Assignment of Work Schedules The Department will assign employees in such classifications to a rotating work according to the needs of the Department. In the event the Library hours of operation are changed during the term of this Agreement, the parties agree to meet and confer for purposes of reviewing the work schedule and making the necessary modifications to ensure the operational needs of the Department are met. Library Administration will not modify the current work schedule until at least 30 days has elapsed from the beginning of meetings with Library employees. Once the 30 day time period has elapsed or sooner if the parties reach an agreement regarding scheduling, the Library Administration may modify the work schedule by providing reasonable advance notice of any changes to employees' work schedules. SECTION 20. Reduced Work Schedules An employee may request to work a reduced work schedule, subject to the approval of the employee's Department Head and the City Manager. In no event shall the reduced work schedule be for less than thirty-six (36) hours per week and less than nine (9) hours per day. The following conditions apply: Employees must submit their request in writing to the Department Head; 2. The Department Head will evaluate the request in order to determine if the reduced work schedule would present any burden or hardship to the Department, its operations, and the services it provides; 3. The Department Head will notify the employee whether the request is approved or denied. 4. If approved, the Department Head may reevaluate the reduced work schedule arrangement at any time. At a minimum, the Department Head will reevaluate the reduced work schedule arrangement once annually in order to determine whether to continue the arrangement. 5. Upon written notice, the reduced work schedule may be terminated by either party. In the event that the arrangement is terminated, the party terminating the arrangement will provide notice of at least one pay period. The employee shall then convert to a 9/80 work schedule, consistent with the regular work schedule for employees in the bargaining unit. iR Page 113 of 379 CEA MOU October 1, 2023 through June 30, 2027 6. Employees working a reduced workweek shall suffer no loss in benefits, to the extent allowed, and will have their pay reduced to reflect the reduction in work hours. 7. Reduced work hours "start" and "end" times shall be set by the Department Head or City Manager according to the needs of the department. SECTION 21. Alternative Work Schedules The City will provide employees in the bargaining unit a 4/10 work schedule as an Alternative Work Schedule, subject to the following conditions. If an employee requests a change in their work schedule from their regular work schedule (i.e., a 9/80 work schedule) to an Alternative Work Schedule, the Department Head and employee may mutually agree to such a change. The Department Head or the employee may terminate the Alternative Work Schedule arrangement without approval by the other party. In the event of the termination of the Alternative Work Schedule, the party terminating the Alternative Work Schedule shall provide the other party not less than two (2) weeks' notice of such termination. The employee, whether party terminating the Alternative Work Schedule or otherwise, shall revert back to their regular work schedule (i.e., a 9/80 work schedule) on the date set forth in the notice of the termination of the Alternative Work Schedule. One (1) year following the adoption of this Agreement, the Parties shall, following a request by either Party, reopen this Section of the Agreement for the purposes of meeting and conferring on the term and conditions of employment related to the Alternative Work Schedule described in this Section. Either Party may request to reopen this Section by filing a written request with the other Party between June 1, 2025 and June 30, 2025. SECTION 22. Rest and Lunch Periods With the exception of certain "field classifications," as defined herein, employees shall be provided a fifteen (15) minute rest period near the mid -point of every four (4) hours of scheduled work. "Field classifications" include job classifications in the Divisions of Parks, Streets, Water and Wastewater. Employees in such classifications shall be provided a thirty (30) minute rest period near the mid -point of every four (4) hours of scheduled work. For such employees the rest period shall include the time required to secure the work site, to travel to and from any rest -break location, and to reconvene at the work locations at the conclusion of the rest period. Employees shall be provided either a thirty (30) or sixty (60) minute lunch break depending on the employee's work assignment. Such scheduling shall be in accord with pre-existing City practices and procedures. An employee's failure to utilize a rest or lunch period does not authorize the employee to engage in the following conduct: (1) Accumulate or "bank" unused rest time; (2) Conclude their regularly iE0 Page 114 of 379 CEA MOU October 1, 2023 through June 30, 2027 scheduled work shift at a time earlier than the scheduled end of such shift; or (3) Extend a rest or lunch period beyond the time limits prescribed by this Section. However, where the employee's supervisor requires that the employee not take a rest or lunch period because of the need to provide services to the City, such work shall be compensated in accordance with this MOU, City Rules and Regulations and other applicable statutory requirements. In such circumstances, the employee's supervisor may authorize the employee to end their workday early so that the hours actually worked does not exceed their regular daily work hours. In order for employees to end their workday early, they must be required to work during a rest or lunch period and receive authorization to leave early by their supervisor. The consumption of food at times other than during rest and lunch breaks is discouraged. This break policy shall be implemented by all supervisory and management personnel and shall prevail over any inconsistent City or Department policy, written or otherwise. OVERTIME SECTION 23. Overtime Comaensation A. With the exception of Library employees, employees in this bargaining unit shall be entitled to overtime pay at the rate of one and one-half (1 '/2) times their regular rate of pay for all hours worked in excess of forty (40) hours in a seven (7) day work week, as defined in Subsection B., below. B. For FLSA purposes, the City establishes the following workweeks for non -Library employees in this bargaining unit as described in Article 2, Section 18: For employees who are assigned to a 9/80 work schedule, the workweek shall begin four (4 ) hours into the eight (8) hour shift that they are scheduled to work such that no consecutive seven (7) day period shall exceed forty (40) hours. For employees who are assigned to a 4/10 Alternative Work Schedule, the workweek shall begin prior to the employee's first shift of the workweek, either Monday or Tuesday, and shall end one week from that time. C. For purposes of calculating overtime pay, the City will include holiday leave as time worked. D. The City will not consider the following non -working time as time worked for purposes of calculating overtime: 1. Sick leave; 2. Vacation leave; and 3. Compensatory leave. SECTION 24. Overtime Authorization Employees must receive supervisory approval prior to working overtime. iVA Page 115 of 379 CEA MOU October 1, 2023 through June 30, 2027 SECTION 25. Overtime Distribution The City shall assign overtime work as equitably as possible among all qualified employees in the same classification in the same organizational unit. However, in the assignment of overtime, management may consider special skills necessary in order to perform the particular assignment. To the extent practicable, the City shall assign overtime work to employees who volunteer for such work. SECTION 26. Compensatory Time A. An employee may accumulate no more than eighty (80) hours of accrued compensatory time off ("CTO"). B. Requests for the use of CTO by the employee shall be granted within a reasonable period of time following the request and shall not be denied unless the request would unduly disrupt the City's operational needs. C. Employees may cash -out accrued CTO as it is accrued by notifying the payroll division of their intent to do so. CTO will be cashed out at the employee's regular rate of pay. Payroll will provide the employee the requested cash out as soon as practicable. SECTION 27. Reimbursable Overtime for Inspection Events Outside Regularly Scheduled Hours of Work A. Definitions "Inspection Event" means any inspection requested by a third -party consumer to be performed outside of the Fire Department or Community Development Department's regularly scheduled hours. A single Inspection Event may include inspection of multiple items. An Inspection Event with multiple inspection items at the same Worksite for the same consumer will not constitute separate compensable events. 2. "Worksite" means a location with the same address. B. The City shall pay an employee who voluntarily performs an Inspection Event outside of the employee's regularly scheduled work hours pay a minimum of two (2) hours for each Inspection Event at a rate of a one and one-half (1 '/2) the employee's regular rate of pay, subject to the following conditions: The employee must be employed in either: (1) the Community Development Department; or (2) in the Fire Prevention Specialist classification; 2. The employee must receive prior written approval from their supervisor to perform the Inspection Event. Should a consumer request additional inspection item(s) iE: Page 116 of 379 CEA MOU October 1, 2023 through June 30, 2027 while the employee is at the worksite of an approved Inspection Event, performance of the additional inspection item(s) shall be deemed approved by the supervisor as part of the Inspection Event; 3. The work performed by the employee must be in connection with employee's regular job duties; 4. The work performed by the employee must occur outside of the employee's regularly scheduled work hours; 5. The overtime wages paid by the City must be subject to reimbursement by the third -party consumer; and 6. The work performed by the employee must be related to an inspection outside of the employee's regularly scheduled work hours. The City shall compensate the employee at the rate of a one and one-half (1 '/2) the employee's regular rate of pay, regardless of whether the employee worked 40 hours in the workweek during which the employee performed work on the Inspection Event. C. If more than one Inspection Event is performed for separate consumers on the same day, each such Inspection Event is compensable separately. D. The City retains the sole and exclusive right to assign any after-hours inspection to any qualified employee of the Planning, Building or Fire Department (whether they are part of the bargaining unit or not) or to a private third -party consultant. SECTION 28. Promotions In all cases where an employee regulated by Chapters 1A3 and 1A4 is promoted to a classification in Chapters 1A3 or 1A4 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 percent the base rate of compensation, excluding special assignment pay, received by said employee is such given classification at the time of such promotion, unless otherwise ordered by the City Council. All supervisors shall be paid a base rate not less than the next higher base rate than any of their subordinates. In the event that a supervisor is paid a base rate of pay equal to or lower than one of their regularly assigned subordinate's base rate, the supervisor's base rate shall be advanced to a step in their salary range which is next higher than any subordinate's base pay exclusive of longevity pay, educational incentive pay, and special assignment pay. SECTION 29. Promotional Examinations For the purpose of interpreting Section 1-6-9 (B) of the El Segundo Municipal Code, entitled "Examinations", the City agrees that a "sufficient number" shall be two (2) eligible, qualified applicants who have indicated an interest in a particular promotion in writing to the Director of Human Resources. Examinations may be specified by the Personnel Officer, as promotional only, as open only, or as both open and promotional. Page 117 of 379 CEA MOU October 1, 2023 through June 30, 2027 ARTICLE 3 — BENEFITS SECTION 1. Health Insurance A. Employees receive coverage under a Public Employees' Medical and Hospital Care Act ("PEMHCA") plan administered by the Public Employees' Retirement System ("PERS"). Employees who elect to be covered under such plan may choose between Health Maintenance Organization ("HMO") and indemnity medical coverage plans ("PPO"). B. City Health Contribution: The City will contribute both the minimum amount required under Government Code section 22892 and a supplemental amount under PEMCHA to cover certain costs associated with the premiums associated with the coverage for the employee and their eligible dependent(s)' medical costs. The City's maximum contributions shall be as follows: 1. Effective upon adoption of this agreement by the City Council, the City will contribute $1,750 per member per month for employee health coverage; 2. Effective January 1, 2025, the City will contribute $1,800 per member per month for employee health coverage; and 3. Effective January 1, 2026, the City will contribute $1,850 per member per month for employee health coverage. An employee shall be responsible for any employee premium amount that exceeds the City contribution amount described above. The City will deduct such amount from the employee's paycheck through a pre-tax payroll deduction. The City no longer provides employees who opt out of health coverage under the City plan the option to receive cash in lieu of such coverage. SECTION 2. Dental Insurance The City provides fully paid dental insurance for the employee and all eligible dependents, subject to the limitations as set forth in Article 3, Section 5. SECTION 3. Vision Insurance The City provides fully paid vision insurance for employees and all eligible dependents, subject to the limitations as set forth in Article 3, Section 5. SECTION 4. Life Insurance Employees are provided a $50,000 basic term life insurance policy. Employees may purchase additional coverage for themselves ($100,000 maximum) and for family members at a group rate, subject to the applicable limitations. 20 Page 118 of 379 CEA MOU October 1, 2023 through June 30, 2027 SECTION 5. Dental, Vision and Life Insurance Contribution The City's aggregate contribution for current dental, vision and life insurance for the term of this agreement shall be set and fixed at $184.25 per month. The City shall provide vision benefits for each employee and the employee's eligible dependents. Within the monthly contribution cap currently established for dental, vision and life insurance coverage, the City's monthly contributions toward dental and life insurance coverage shall be made after the City makes its contribution to provide vision benefits for an employee and their dependents. SECTION 6. Flexible Spending Account Pursuant to applicable law, the City allows for employees to use pre-tax contributions to their Flexible Spending Account ("FSA") to pay for qualifying expenditures, including but not limited to employee paid insurance premiums, non -reimbursed medical expenses and dependent care expenses. Participation in the FSA program is voluntary. SECTION 7. Retiree Health Insurance Contribution For bargaining unit members who possess five (5) years' CalPERS service credit, the City shall make a contribution for use towards the medical costs of the employee and their eligible dependents equal to that amount described in Article 3, Section 1, Subsection B. A former employee shall be responsible for any premium amount that exceeds the City's maximum contribution. The former employee will pay the additional amount owed through their CalPERS annuity. The City's maximum per month contribution outlined in Article 3, Section 1, Subsection B includes the PEMHCA minimum contribution required under Government Code section 22892. As required by Government Code section 22892(b), the City's contribution will be an equal amount for both employees and retirees. SECTION 8. 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. 21 Page 119 of 379 CEA MOU October 1, 2023 through June 30, 2027 Upon retirees 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. SECTION 9. Long -Term Disability ("LTD") Insurance The City provides employees with a fully paid long-term disability insurance policy which allows continuance of two-thirds (2/3) of the first $9,750 of the employee's monthly salary with a maximum monthly benefit of $6,500. The policy applies to non -job -related injuries and illnesses. Benefits are payable following a sixty (60) day waiting period. The maximum benefit period mayvary depending on the employee's age at the time of the disabling injury or illness. SECTION 10. State Disability Insurance ("SDI") Program The City provides employees the opportunity to access State Disability Insurance ("SDI") through the Employment Development Department ("EDD"). All actual costs associated with participation in the SDI Program will be the responsibility of employees. Employees eligible for Paid Family Leave benefits under the SDI program shall be required to take up to two (2) weeks of earned but unused vacation leave prior to the employee's initial receipt of these benefits. Employees may use any available family illness leave in lieu of the vacation time. SECTION 11. Retirement A. Employees who do not meet the definition of "new member" under the California Public Employees' Pension Reform Act of 2013 ("PEPRA") (those members shall be referred to as "classic members") are enrolled in either the California Public Employees' Retirement System ("CalPERS") retirement plans commonly referred to as the 2% at age 55 retirement plan ("Tier I") or the 2% at age 60 retirement plan ("Tier II") and shall be provided the benefits described below: M Page 120 of 379 CEA MOU October 1, 2023 through June 30, 2027 Tier I: Employees hired before November 6, 2012 shall be eligible for the following retirement benefits: 1. 2% at age 55 retirement formula; 2. Retirement benefits based on the employee's single highest "compensation earnable" for one (1) year; 3. Pre- and Post -Retirement Death Benefits; and 4. Public Agency Retirement System ("PARS") Retirement Enhancement Plan, generally described as one-half percent (0.5%) at age 55 for all employees hired on or prior to December 31, 2012. To be eligible, employees must be satisfy the following conditions: (1) be hired by the City for a position within the bargaining unit before October 1, 2012; (2) be at least age fifty-five (55) at the time of retirement; (3) have fifteen (15) years of full-time continuous service to the City; and (4) retire from the City. This benefit will be paid to qualified retirees in addition to any CalPERS benefits to which they are entitled, as described above. Employees shall pay the full eight percent (8%) of their PERSable compensation towards the CalPERS member contribution. Until such time as the City's contract with CalPERS is amended pursuant to the Government Code to reflect that employees are contributing the full eight percent (8%), the City will treat one percent (1 %) of the cost -share described here as an employer contribution rather than an employee contribution. Employee contributions shall be deducted on a pre-tax basis to the extent permitted by federal and/or state law and regulations. Tier II: Employees hired between November 6, 2012 and December 31, 2012 or who were hired thereafter but were existing CalPERS members at the time of their hiring shall be eligible for the following retirement benefits: 1. 2% at age 60 retirement formula; 2. Retirement benefits based on the employee's single highest "compensation earnable" for one (1) year; and 3. Pre- and Post -Retirement Death Benefits. Employees shall pay the full eight percent (8%) of their PERSable compensation towards the CalPERS member contribution. Until such time as the City's contract with CalPERS is amended pursuant to the Government Code to reflect that employees are contributing the full eight percent (8%), the City will treat one percent (1 %) of the cost -share described here as an employer contribution rather than an employee contribution. 23 Page 121 of 379 CEA MOU October 1, 2023 through June 30, 2027 Employee contributions shall be deducted on a pre-tax basis to the extent permitted by federal and/or state law and regulations. B. Tier III: Employees hired on or after January 1, 2013 and who meet the definition of "new member" under PEPRA are enrolled in the following retirement plan ("Tier III") and shall be provided the benefits described below: Tier III: Employees hired on or after January 1, 2013 shall be eligible for the following retirement benefits: 1. 2% at age 62 retirement formula; 2. "Final compensation" based on the employee's highest average annual "pensionable compensation" earned by the member during a period of at least thirty-six (36) consecutive months and their retirement benefits shall be calculated based on "pensionable compensation" rather than "compensation earnable"; 3. Pre- and Post -Retirement Death Benefits. Employees shall individually pay a Member CaIPERS contribution rate of fifty percent (50%) of the normal cost rate for the Defined Benefit Plan in which the "new member" is enrolled, as may be adjusted by CalPERS per PEPRA. All retirement plan benefits shall be integrated with Social Security SECTION 12. Workers' Compensation Provisions The City provides employees who sustain job -related injuries or illnesses that are compensable under California Workers' Compensation Laws three-quarters (3/4) of their regular monthly salary for up to one (1) year less any temporary disability payments received under the California Workers' Compensation Laws. Such payments shall cease when the employee receives a permanent disability award or is physically able to return to work. These payments shall be provided without deductions for State or Federal Income Taxes, to the extent allowable by the Internal Revenue Service. SECTION 13. Education Reimbursement Program The City may provide employees who complete work -related college courses with a grade of "C" or better up to $1,750 per calendar year for the cost of tuition and books. In order to qualify for receipt of such funds the employee must obtain either pre -authorization or approval for reimbursement from their Department Head and Human Resources Director, or such employees' designees. MI Page 122 of 379 CEA MOU October 1, 2023 through June 30, 2027 Employees who participate in the reimbursement program must provide a copy of their grade(s) for verification and execute an agreement which provides for the following: Educational Reimbursement — "I certify that I have successfully completed the course(s), receiving a grade of "C" or better. A copy verifying this grade is attached. I agree to refund the City or have deducted from my final paycheck any educational reimbursement funds received under this program if I should leave the City's employ, voluntarily or through termination with cause, within one year after completion of the course work for which I am to receive reimbursement. The amount of refund shall be determined in accordance with following schedule. Below is the reimbursement schedule for the full months worked between t h e employee's completion of the course for which they are being reimbursed and their last day of employment with the City and the percentage of the total reimbursement to be refunded to the City. Months Worked between Date the Course was Completed and the Final Day at Work Percentage to be Refunded to the City N 1 100 2 100 3 90 4 80 5 70 6 60 7 50 8 40 9 30 10 20 11 10 12 0 New hires to the City are ineligible to participate in this program until they pass probation. SECTION 14. Employee Assistance Program ("EAP") The City provides employees and immediate family members' confidential assistance, referrals, and counseling through the EAP. The program is designed to provide professional assistance and support to help employees and their families resolve problems that affect or may affect their personal or professional lives. The City shall provide the basic level of EAP service to employees at the cost incurred by the City for participation in such program. Basic level includes three (3) session per member per incident per year. W Page 123 of 379 CEA MOU October 1, 2023 through June 30, 2027 SECTION 15. Ell Segundo City Employees Union Insurance The El Segundo City Employees Union -sponsored optional insurance plans shall be made available via automatic payroll deduction. All associated insurance costs to be borne by unit employees. ARTICLE 4 — LEAVES AND ABSENCES SECTION 1. Vacation Accrual Full-time employees shall accrue vacation leave at the following rates depending on their years of service to the City: 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 Permanent part-time employees shall receive vacation accruals at based on their years' service with the City, whether in a full- or part-time capacity, and their regular bi-weekly schedule proportionate to a full-time schedule of 80 hours every two weeks. SECTION 2. Vacation Accrual Cap Employees may accrue up to two (2) years of vacation leave at their current annual accrual rate. Effective three months after the adoption of this Agreement by the City Council, 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 who has accrued, but unused, vacation in an amount that exceeds that amount will forfeit the amount of vacation in excess of the hard cap. SECTION 3. Vacation Use Employees may use their accrued vacation leave after six (6) months of employment. All vacation shall be taken at such times as are agreeable to the Department Head, or designee. SECTION 4. Vacation Cash Out —Active Employees A. Qualification for Vacation Cash Out: An employee who has completed one (1) year of service qualifies for vacation cash out. We Page 124 of 379 CEA MOU October 1, 2023 through June 30, 2027 B. Cash Out Process in 2024: In calendar year 2024, a qualified employee may 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, While employees may elect to exercise this option not more than twice in calendar year 2023, the cumulative amount of vacation leave cashed out may not, in aggregate, exceed total amount of vacation leave that the employee can accrue in a year. C. Election Process: A qualified employee may 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, 2024 and every December 15th thereafter, a qualified employee who elects to cash out some or all of their accrued vacation for 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 accrued vacation leave 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 accrued vacation leave 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). D. The City shall administer the cash out twice annually, starting in December 2024 and every December thereafter. The City shall make the cash outs in the first full pay period in July and December. Such cash outs shall be paid at the employee's base salary hourly rate of pay. E. 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 available for their use. SECTION 5. Vacation Cash Out Upon Separation Employees shall receive payment for one hundred percent (100%) of their accrued vacation leave upon separation or death. Vacation leave cash outs shall be paid at the employee's base salary hourly rate. 27 Page 125 of 379 CEA MOU October 1, 2023 through June 30, 2027 SECTION 6. Sick Leave Accrual Full-time employees accrue sick leave at a rate of eight (8) hours per month. Permanent part-time employees accrue sick leave at a rate of four (4) hours per month. SECTION 7. Sick Leave Cap Sick leave accrual is limited to six hundred (600) hours. Current employees with more than 600 hours of accumulated sick leave will be allowed to utilize that amount as their personal sick leave cap throughout the remainder of their service with the City. However, such employees shall not accrue more sick leave until such time as their sick leave balance is less than six hundred (600) hours. For employees hired on or before the date that the City Council adopts the MOU, the City will allow the accrual of sick leave in excess of six hundred (600) hours subject to a mandatory cash out as described below. SECTION 8. Sick Leave Requests and Certification A. Requests for sick leave shall be provided in accordance with the law and not unreasonably denied. B. Any employee taking sick leave shall, upon their return to work, sign a statement certifying that the sick leave was for permissible purposes (e.g., their own injury or illness or the injury or illness of a family member as defined in Article 4, Section 10). C. Any employee taking sick leave shall, upon their return to work, sign a statement certifying the reasons for such sick leave. Employees who are assigned to a 9/80 schedule and who are absent five (5) or more consecutive working days, or four (4) consecutive working days for employees assigned to a 4/10 schedule, must submit a statement from a doctor that the employee was under his care and is able to return to work. D. After an employee has used seventy-two (72) hours or more of sick leave during the employee's 12-month annual performance evaluation period, the employee's department head may require, for each sick leave absence thereafter during the year, that the employee provide a statement from a doctor verifying that the employee was under a doctor's care during the absence and that the employee is now able to return to work. In accordance with Labor Code Section 234 use of family sick leave will not be included when determining whether an employee has exceeded the 72 hour threshold set forth above. SECTION 9. Sick Leave Cash -out For employees hired on or before the date on which the City Council adopts the MOU, the City will cash out any accrued sick leave in excess of six hundred (600) hours on December 1 of each year. The City will provide the cash out by direct deposit. Upon separation or death, the City shall cash -out sick leave by employees as follows: 4: Page 126 of 379 CEA MOU October 1, 2023 through June 30, 2027 1. The City shall not provide any employee, regardless of the date of their hire by the City, cash -out of accrued sick leave in the event that the City terminates such employee for cause. 2. The City shall not provide any employee who has been employed by the City for less than five (5) years any cash -out for sick leave. 3. For an employee who has been employed by the City for at least five (5) years and separates from City employment for a reason other termination for cause or service retirement or disability retirement, the City shall provide the employee a cash -out at an amount equal to one-half (1/2) the value of such sick leave (i.e., one-half (1/2) the employee's base salary hourly rate of pay for each hour of sick leave). 4. For an employee who has been employed by the City for at least five (5) years and who separates as a result of a service retirement or disability retirement, the City shall provide a cash -out at an amount equal to the full the value of such sick leave (i.e., the employee's base salary hourly rate of pay for each hour of sick leave). SECTION 10. Sick Leave to Provide Care for Family Members Employees are eligible to utilize a maximum of half their annual sick leave accrual, orforty-eight (48) hours, 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. SECTION 11. Holidays The City recognizes the following holidays for City employees: 1. January 1st 2. The third (3rd) Monday in January (Martin Luther King Jr. Day) 3. The third (3rd) Monday in February (President's Day) 4. The last Monday in May (Memorial Day) 5. July 4tn 6. The first (1 st) Monday in September (Labor Day) Qe: Page 127 of 379 CEA MOU October 1, 2023 through June 30, 2027 7. November 11 t" (Veteran's Day) 8. Thanksgiving Day 9. The Friday after Thanksgiving Day 10. December 241n 11. December 25tn 12. December 31 It Holidays will be paid based on the employee's assigned daily work schedule. For example, employees assigned to a 9/80 schedule will have holidays paid in nine (9) hour increments unless the holiday falls on their assigned eight -hour workday, in which case they will receive eight (8) hours of pay for the holiday. Employees who are assigned to a 4/10 Alternative Work Schedule will receive 10 hours of pay for holidays. Employees with an approved Reduced Work Schedule pursuant to Article 2, Section 20 of this MOU will have holidays paid consistent with their approved daily work schedule. SECTION 12. Holidays Falling on Saturdays and Sundays In the event any of the above referenced holidays fall on a Saturday, the holiday shall be observed on the preceding Friday. In the event any of the above holidays fall on a Sunday, the holiday shall be observed the following Monday. SECTION 13. Holidays Fallina on an Emplovee Workdav or Reaularly Scheduled Dav Off If a holiday is observed on an employee's otherwise regularly scheduled day off, the employee will receive a floating holiday consisting of the number of hours based on the employees assigned daily work schedule. For employees who are entitled to a floating holiday because a City holiday falls on the employee's regularly scheduled day off, the City will credit the floating holiday hours to the employee's leave bank at the beginning of the pay period which includes the holiday. If an employee is required to work on a recognized holiday, the City shall compensate the employee at the rate of a one and one-half (1 '/2) the employee's regular rate of pay for such work in addition to the straight time holiday pay described in Article 4, Section 11. 011 Page 128 of 379 CEA MOU October 1, 2023 through June 30, 2027 SECTION 14. Personal Leave Day A. Each employee shall receive one (1) day per calendar year as a Personal Leave. For this purpose, employees who are assigned to a 9/80 schedule shall receive nine (9) hours. Employees who are assigned to a 4/10 Alternative Work Schedule shall receive 10 hours. Employees on other schedules will be compensated accordingly. B. In the first full pay period following the adoption of this MOU 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. C. The City will credit employees with the Personal Leave every January. Newly hired bargaining unit members 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. SECTION 15. Limited Carryover of Floating Holidays and Personal Leave Floating Holiday and Personal Leave hours may not be carried over from one calendar year to the next, except that Floating Holiday hours credited to an employee in November or December may be carried over to the next calendar year, but must be used by October 31 of the following year. SECTION 16. Bereavement Leave In the event of the death of an employee's "family member", as defined in Article 4, Section 10, 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 with 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 City in order to attend services for the employee's family member, the City shall also provide two (2) additional days of paid bereavement leave in lieu of the two (2) days of unpaid leave. SECTION 17. Personal Emergency Leave Employees, upon request, shall be entitled to utilize vacation, Personal Leave Day/Floating Holiday or accumulated compensatory time off for bona fide and substantiated personal emergencies, (i.e., serious illness of immediate family members, and cases of extreme and unusual hardships of an emergency nature). In certain circumstances, notification requirements may be waived. 31 Page 129 of 379 CEA MOU October 1, 2023 through June 30, 2027 SECTION 18. Catastrophic Leave Bank Catastrophic leave means leave for employees who are unable to work as the result of a serious injuries or illnesses and who have exhausted all of their paid leave. The City shall administer catastrophic leave pursuant to the City of El Segundo Catastrophic Leave Bank Policy negotiated by the City and Union and revised in 2009. During the term of this Agreement, should the City adopt a Catastrophic Leave Bank Policy following a meet and confer with the Union, the City shall administer catastrophic leave consistent with that policy. SECTION 19. Jury Duty A. Leave of Absence The City will provide an employee who is required to report for jury duty or serve on a jury a leave of absence covering such service. B. Employee Notice Prior to reporting for jury duty, the employee must provide written notice of the expected jury duty to their supervisor as soon as possible, but in no case later than 14 days before the beginning of the jury duty. C. Documentation of Jury Duty The employee must provide documentation of their daily attendance on jury duty. D. Paid Leave During the first two (2) weeks of jury duty, an employee shall be entitled to receive their regular compensation. E. Unpaid Leave For any portion of jury duty that extends beyond two (2) weeks, such extended jury duty period shall be without regular pay, unless the employee elects to use pai d leave accruals for such time. F. Reporting to Work While on jury duty, in the event that the employee is relieved of jury obligations for three (3) or more consecutive hours, the employee must report to work. Employees relieved of jury duty for three (3) or more consecutive hours may elect to use pai d leave accruals to take such time off from work, provided the employee has requested and received their supervisor's approval to do so. M, Page 130 of 379 CEA MOU October 1, 2023 through June 30, 2027 ARTICLE 5 — EMPLOYER — EMPLOYEE RELATIONS EMPLOYEE ORGANIZATION REPRESENTATIVES/ACTIVITIES SECTION 1. Representational Rights The City and Union and the City recognize and agree to protect the rights of all employees to join or participate in protected Union activities or to refrain from joining or participating in protected activities in accordance with Government Code Sections 3550 and 3511. SECTION 2. Desianation of Union Representatives and Release Time The Union may designate up to five (5) bargaining unit members to serve as union representatives in personnel matters. Upon timely request and for suitable reasons, the Human Resources Director, or their designee, may authorize release of a designated union representative from normal duties to attend to or assist in personnel matters involving Union members, unless such individual is needed in order to perform urgent or emergent work for the City. In the event that the individual is unavailable to attend to or assist in the personnel matter, another designated board member will be released for this purpose. The City shall not withhold authorization of release time for this purpose. In total, the City will provide the Union up to one -hundred and fifty (150) hours of paid release time per year to attend to or assist in personnel matters involving Union members. Such time shall not include release time for the purpose of engaging in meet and confer with the City. In the event that the Union exhausts the one -hundred and fifty (150) hours of paid release time to attend to or assist in personnel matters, the City and the Union shall meet to discuss the City's provision to designated board members of a reasonable amount of additional time to attend to such matter. Designated board members shall report the time used to attend to personnel matters during their regular working hours on their timecards. SECTION 3. Designation of Regular Bargaining Team Members, Subject Matter Experts, Non -City Representatives and Release Time The Union may designate up to five (5) bargaining unit members to serve as regular bargaining team members during the meet and confer process for successor MOU negotiations and other matters related to decision and effects bargaining. The Union may request that the City recognize additional bargaining unit members to participate in bargaining in order to address subjects with which such employees have subject matter expertise. The City shall not unreasonably deny the participation of such individuals in bargaining. The City may limit the participation of such individuals to the negotiation of subjects with which such individuals possess subject matter expertise. 33 Page 131 of 379 CEA MOU October 1, 2023 through June 30, 2027 The Union may designate a reasonable number of non -City employees to serve as representatives of the Union and to participate in bargaining. The participation of such individuals will not count against the five (5) bargaining team members that the Union may designate. Upon timely request and for suitable reasons, the Human Resources Director, or their designee, will authorize release of regular bargaining team members and subject matter experts from their normal duties to prepare for or participate in bargaining with the City. The City shall not withhold authorization of release time for this purpose. During the meet and confer process, the City shall provide the regular bargaining team members sufficient release time to prepare for and participate in negotiations with the City. The City shall provide each bargaining unit member two (2) hours of paid release time to participate in the vote to ratify a tentative agreement for the successor MOU to this Agreement. The City will not provide other release time to non -bargaining team members for purposes of engaging in matters related to bargaining, except as described in this Section. SECTION 3. No -Strike During the term of this MOU, their members employed by the City of El Segundo will not strike, or engage in any work stoppage or slow down, engage in a concerted failure to report for duty, or fail to perform their duties in whole or in part for the purposes of inducing, influencing or coercing a change in conditions, or compensation, or the rights privileges or obligations of employment. The Union also agrees that their members employed by the City of El Segundo will not refuse to cross a picket line in the performance of their normal and customary duties nor attempt to influence, either directly, or indirectly, the employees to honor an existing picket line in the performance of their normal and customary duties as employees. MANAGEMENT RIGHTS SECTION 4. Manaaement Riahts Except as limited by the specific and express terms of this MOU, the City hereby retains and reserves unto itself all rights, powers, authority, duties and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California and/or United States of America. The management and direction of the work force of the City is vested exclusively in the City and nothing in this MOU is intended to circumscribe or modify the existing rights of the City to engage in the following conduct: 1. Direct the work of its employees; 2. Hire, promote, demote, transfer, assign and retain employees in positions within the City, subject to the rules and regulations of the City; Page 132 of 379 CEA MOU October 1, 2023 through June 30, 2027 3. Discipline employees for proper cause; 4. Maintain the efficiency of governmental operations; 5. Relieve employees from duties because of lack of work; 6. Take action as may be necessary to carry out the City's mission and services in emergencies; and 7. Determine the methods, means and personnel by which the operations are to be carried out and require overtime work by City employees. LAYOFFS SECTION 5. Grounds for Layoff Whenever, in the judgment of the City Council, it becomes necessary to reduce the workforce because of a lack of funds, lack of work or reorganization, an employee may be laid off, reduced in classification or displaced by another employee. Such layoff, reduction or displacement shall result from action of the City Manager or their designee. Such action shall not entitle the laid off, reduced or displaced employee to a right of appeal. The City Manager shall recommend to the City Council each classification to be affected by any such change. SECTION 6. Notice to Employees The City shall notify the Union thirty (30) days prior to the implementation of layoffs, to provide for adequate time to meet and confer regarding the impact. An employee filling a full-time position shall be given fourteen (14) Calendar day's prior notice of lay off. Employees transferred, reduced or displaced shall be given five (5) calendar days' notice. The City Council may approve a reduction in the notice requirements, if so recommended by the City Manager. SECTION 7. Layoff Procedure A. Permanent Employees A permanent employee in a classification affected by a reduction in force shall be laid off based on seniority in City service; that is the employee with the least City service shall be laid off first, followed by the employee with the second least City service, etc. 00i Page 133 of 379 CEA MOU October 1, 2023 through June 30, 2027 Seniority shall be determined by the total amount of full-time employment in any classification in the City. B. Other Employees The City Manager retains the right to layoff or alter the work assignments of the following employees at any time without notice or right of appeal: 1. Emergency employees; 2. Temporary or seasonal employees; 3. Part-time employees; 4. New employees in their initial probationary period; 5. Promotional probationary employees; and 6. Employees designated as at -will. In the event of a layoff, a promotional probationary employee shall revert to their previously held classification and position without loss of seniority. SECTION 8. Tie Breaks Provided that the seniority of two (2) employees are the same, retention points for job performance shall be credited on the basis of the average of the overall evaluation ratings for the last three (3) years in a classification, provided the last rating had been filed at least thirty (30) days prior to the date of the layoff notice. Retention points are as follows: 1. "Unsatisfactory" rating = 0 retention points 2. "Below Standard" rating = 6 retention points 3. "Standard" rating = 12 retention points 4. "Above Standard" rating = 18 retention points 5. "Outstanding" rating = 24 retention points In the event of a tie in seniority, the employee with the lowest average of retention points shall be laid off first. In the event that one or more of the affected employees do not have a sufficient number of performance evaluations on file, ties shall be broken by a coin toss. 00 Page 134 of 379 CEA MOU October 1, 2023 through June 30, 2027 SECTION 9. Reduction to a Vacant Position An employee designated for layoff as a result of the elimination of a position or classification may be offered appointment to a vacant position in a lower classification if the employee is qualified by education or experience for such position. If there is more than one qualified employee to be offered such appointment(s), the offer(s) shall be based on seniority, with the employee with the most seniority offered the position first, then the next highest, etc. If the employees have the same seniority, then the procedure for breaking ties set forth above shall apply. SECTION 10. Displacement Rights An employee designated for layoff as a result of elimination of a position or classification may displace (i.e., bump) an employee in a lower classification, if the employee was previously employed in such classification and the employee who was laid off has greater seniority than the employee in the lower classification. Full-time employees who are represented by the Union who are laid off will be permitted to displace (i.e., bump) non -benefited temporary and benefited and non -benefited part-time employees under the following circumstances: (a) the temporary or part-time classification is in the unit; and (b) the City determines that the laid off employee is qualified for the temporary or part-time position. In such cases, the full-time employee who has been laid off will assume temporary or part-time status. An employee who is bumped shall be laid off in the same manner as employee whose position or classification was eliminated. SECTION 11. Salary Placement An employee who is appointed to a vacant position or who displaces (i.e., bumps) an employee in a lower classification shall be placed on the step of the salary range of the new classification which most closely corresponds to, but in no case is higher than, the salary step of their previously held position. The employee accepting such appointment shall receive a new salary anniversary date on the effective date of the appointment. The employee shall, however, retain seniority while their name remains on reemployment list or lists, as set forth in Article 5, Section 12. SECTION 12. ReemDlovment List The names of permanent employees who have been laid off under this Section (including employees who have bumped down) shall be placed, in order of seniority from most to least, on a reemployment list for their prior classification or any lower classification for which the employee is qualified by education or experience. Page 135 of 379 CEA MOU October 1, 2023 through June 30, 2027 Persons on such lists shall retain eligibility for appointment to such classification(s) for a period of three (3) years from the date their names were placed on the list. As a vacancy within such a classification becomes available, the name appearing at the top of the list shall be offered the opportunity to fill the vacancy. The name of an individual selected from the list to fill the vacancy who refuses the re-employment offer without good cause shall be permanently removed from the re-employment list without right of appeal. Laid -off employees do not earn seniority credit or benefits while on the re-employment list. SECTION 13. Rights on Reemployment If a person is reemployed by the City within three (3) years, the employee's seniority, accumulated sick leave allowance and accrued vacation shall be reinstated shall be maintained or reinstated to the extent that it has not been paid out, as the case may be. Reemployed employees shall be placed on the same salary step previously held upon reemployment, unless the individual is reemployed in a lower related classification in which case the employee shall be placed on the step for the lower classification with the salary that most closely corresponds to, but in no case is higher than, the salary step of their previously held position. GRIEVANCE PROCEDURE The Union may grieve on behalf of an individual, group of employees or the Union as a whole. SECTION 14. Definition of Terms A. Grievance - A grievance is an allegation of a violation, misinterpretation or misapplication of a specific written departmental or agency rule or regulation or a specific provision of this MOU. A grievance is distinct from an appeal of discipline which is covered by the Personnel Rules and Regulations (Rule 15 and 16). Employees may obtain a copy of the City's Personnel Rules and Regulations from the Department of Human Resources or at the following website: https://www.elsegundo.org/government/departments/human- resources/personnel-rules-and-regulations-269338 B. Grievant - A grievant is an employee or group of employees adversely affected by an act of omission of the agency. C. Day - A day is a working day. D. Immediate Supervisor - The first level supervisor of the grievant. SECTION 15. Matters Excluded from the Grievance Procedure The grievance procedure is not intended to address the following types of issues: K% Page 136 of 379 CEA MOU October 1, 2023 through June 30, 2027 Resolve complaints, requests or changes in wages, hours or working conditions. 2. Challenge the content of employee evaluations or performance reviews. However, an employee may challenge the content of an evaluation by filing an appeal to their Department Head. In the event that an employee is directly supervised by a Department Head, the employee may challenge the content of the evaluation by filing an appeal to another department heard, who has been agreed upon by the employee and their supervisor (Department Head). In either event, the Department Head's determination shall be final, and thus no further appeals will be permitted. 3. Challenge the merits of a reclassification, lay-off, transfer, denial of reinstatement, or denial of a step or merit increase. 4. Reduction in pay, demotion, suspensions or a termination which are subject to the formal appeal process outlined in Ordinance 586 and the Personnel Rules and Regulations. SECTION 16. Time Limits A. Compliance and Flexibility Steps within the Grievance Procedures will be completed within (10) ten working days. With the written consent of both parties, the time limitation for any step may be extended or shortened. B. Calculation of Time Limits Time limits for the appeal provided at each level shall begin the day following receipt of a written decision or appeal by the parties. C. Failure to Meet Timeliness Failure at any level of this procedure to communicate the decision on a grievance by the City within the specified time limits shall permit lodging an appeal at the next level of the procedure within the time allotted had the decision been given. If the grievance is not processed by the grievant or grievant in accordance with the time limits, the decision last made by the City shall be deemed final. SECTION 17. Procedure Grievances will be processed following the procedures set forth below. A. Level Within ten (10) days of the date the employee reasonably knew or should have known of the incident giving rise to the grievance, the employee should make an effort to resolve the grievance with the employee's immediate supervisor. The supervisor shall hold discussions and attempt to resolve the grievance within ten (10) days. 06: Page 137 of 379 CEA MOU October 1, 2023 through June 30, 2027 B. Levelll In the event such efforts do not produce a mutually satisfactory resolution, the employee or employees aggrieved must reduce their grievance to writing and file it with the immediate supervisor. Under no circumstances shall the formal written grievance be filed more than ten (10) days from the date the employee knew or should have known of the incident giving rise to the grievance. Procedure for Filing a Grievance: In filing a grievance, the employee should set forth the following information: 2. The specific section of the Memorandum of Understanding, departmental or agency rules or regulations allegedly violated, misinterpreted or misapplied. 3. The specific act or omission which gave rise to the alleged violation, misinterpretation or misapplication. 3. The date or dates on which the violation, misinterpretation or misapplication occurred. 4. What documents, witnesses or other evidence supports the grievant's position. 5. The remedy requested. C. Level III If the grievance is not resolved by the immediate supervisor, the grievant may present the grievance in writing to the department head within ten (10) days. The department head will respond in writing within ten (10) days. D. Level IV If the grievance is not resolved by the department head, the grievance shall be resolved pursuant to binding arbitration, as set forth in Article 5, Section 19, Subsection C. SECTION 18. Grievance Conferences Grievant(s) and City representatives, upon request, shall have the right to a conference at any level of the grievance procedure. SECTION 19. Binding Arbitration Agreement A. Civil Claims Both the City and employees covered by this Memorandum of Understanding agree that the claims described in this Binding Arbitration Agreement, Section 9 (A) shall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act, in conformity with the procedures of the California Arbitration Act ("CAA") (Cal. Code Civ. Proc. Page 138 of 379 CEA MOU October 1, 2023 through June 30, 2027 Sec 1280 et. seq, including section 1283.05 and all of the CAA's other mandatory and permissive rights to discovery). Nothing in this Memorandum of Understanding 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 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 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 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. Notwithstanding the provisions of this Section, employees covered by this Memorandum of Understanding 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. 2. To the fullest extent permitted by law, employees covered by this Memorandum of Understanding agree that they shall not join or consolidate claims submitted for arbitration pursuant to this Binding Arbitration Agreement with those of any other persons, and that no form of class, collective, or representative action shall be maintained 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. 3. The City shall bear the costs of any arbitration conducted pursuant to this Agreement, including the compensation of the Arbitrator, all administrative expenses, and CSR transcripts. Except as may otherwise be required by law, the parties shall be responsible !1I Page 139 of 379 CEA MOU October 1, 2023 through June 30, 2027 for their own attorneys' fees and costs incurred in presenting their case to the Arbitrator. 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 Union and the employee. 4. 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. B. Appeal of Discipline The Parties understand that employees covered by this Memorandum of Understanding are entitled to disciplinary appeal procedures under the City's Personnel Merit System Administrative Code. Under Administrative Code Section 1-6-8, employees have the right to have the Los Angeles County Civil Service Commission hear appeals from dismissal, demotion, and suspensions for a period of six (6) days or longer. The Parties agree that an employee covered by this Memorandum of Understanding may opt to have these disciplinary actions be submitted to binding and final arbitration. The arbitration shall be held before a single arbitrator, who shall be an experienced labor and employment law arbitrator. The parties shall select an arbitrator from a list of seven arbitrators provided by the State Mediation and Conciliation Service. If the parties are unable to reach an agreement in the selection of a hearing officer, each shall strike names from the list until a final name is selected as the Arbitrator. 2. The City shall pay the costs of the arbitrator and court reporter fees and transcript, if a court reporter is requested by the parties. The parties shall be responsible for their own attorneys' fees and costs incurred in presenting their case to the Arbitrator. 3. Any dispute over the validity, effect, or enforceability of the provisions of this Agreement, shall be for a court of law and not an arbitrator to decide. 4. Under this Agreement, Article 5, Section 19, Subsection B, the Arbitrator's authority will be limited to determining: Whether the City has satisfied the seven tests of just cause; and, if not, what is the appropriate remedy. 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 Union and the employee. The Arbitrator may not increase the level of discipline. 5. At least ten business days before the scheduled arbitration, the parties shall exchange the following information: (i) a list of all witnesses each party intends to call during its case -in -chief; and (ii) copies of all documents each party intends to introduce during its case -in -chief. !yK Page 140 of 379 CEA MOU October 1, 2023 through June 30, 2027 C. Contract Interpretation Disputes The Parties agree that any grievance filed under this Binding Arbitration Agreement of this Memorandum of Understanding that is an allegation of a violation, misinterpretation, or misapplication of this MOU, shall be subject to final and binding arbitration. The Union must file a written request for final and binding arbitration within ten (10) days of receipt of the City's response at Level III. The arbitration shall be held before a single arbitrator, who shall be an experienced labor and employment law arbitrator. The parties shall select an arbitrator from a list of seven arbitrators provided by the State Mediation and Conciliation Service. If the parties are unable to reach an agreement in the selection of a hearing officer, each shall strike names from the list until a final name is selected as the Arbitrator. 2. The City shall pay the costs of the arbitrator and court reporter fees and transcript, if a court reporter is requested by the parties. The parties shall be responsible for their own attorneys' fees and costs incurred in presenting their case to the Arbitrator. 3. Any dispute over the validity, effect, or enforceability of the provisions of this Agreement, Article 5, Section 19, Subsection C, shall be for a court of law and not an arbitrator to decide. 4. The Arbitrator's authority will be limited to interpreting the provisions of the Memorandum of Understanding and the Arbitrator has no authority to add to, subtract from, or modify the Memorandum of Understanding in any way. The Arbitrator shall have the authority to determine questions of arbitrability of contract interpretation disputes. 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 Union and the employee. 5. At least ten business days before the scheduled arbitration, the parties shall exchange the following information: (i) a list of all witnesses each party intends to call during its case -in -chief; and (ii) copies of all documents each party intends to introduce during its case -in -chief. D. This Binding Arbitration Agreement, Article 5, Section 19, is entered into under the California Arbitration Act and the Meyers-Milias-Brown Act and shall be interpreted and construed in accordance with the law and procedures developed under those respective statutes. ARTICLE 6 — OTHER PROVISIONS SECTION 1. Part -Time Employees Unless otherwise provided in this Agreement or required by law, benefited part-time employees represented by this bargaining unit shall be entitled to a proportionate amount of benefits and leaves as are provided to full-time employees based on the hours worked by the part-time employee. E10 Page 141 of 379 CEA MOU October 1, 2023 through June 30, 2027 SECTION 2. Department of Transportation Drug Testing Guidelines Department of Transportation Drug Testing Guidelines shall apply to employees subject to such testing requirements. SECTION 3. Street Maintenance Worker Duties The City may utilize employees working in the Street Maintenance Worker 1/11 job classification for the purpose of providing concrete maintenance and installation services. The following limitations shall apply: 1. Employees shall not be required to perform such duties for a period exceeding ten (10) hours during each two -week pay period; and 2. Employees shall not be expected to pour more than one (1) yard of concrete each week. SECTION 4. Personnel File Copies of written material which may be used for disciplinary purposes shall be provided to the employee prior to placement in their official personnel file. The employee shall have the right to rebut any such document and have the rebuttal attached to the document prior to it becoming a permanent part of the employee's personnel file. SECTION 5. New Employees The City agrees to furnish each new employee in the bargaining unit with a copy of the MOU at the commencement of their employment. A. Employee Information Within 30 days of the date of hire or promotion or by the first pay period of month following hire or promotion, the City shall provide to designated Union board members the following information regarding newly hired or promoted employees: (1) their name; (2) hire date; (3) job title; (4) department; (5) work location(s); (6) work telephone number; (7) home telephone number; (8) personal cellular phone number; (9) personal email address; (10) home address. The City shall provide a list of such information for all employees in the bargaining unit at least once every 120 days. The City shall provide this information regardless of whether the newly hired or promoted employee was previously employed by the City. B. Requests to Refrain from the Disclosure of Employee Information An employee may request that the City refrain from disclosing the employee's home telephone number, personal cellular telephone number and home address. !EI Page 142 of 379 CEA MOU October 1, 2023 through June 30, 2027 C. Orientation Within 30 days of an employee's start date with the City or in the bargaining unit or as soon as practicable thereafter, the City will conduct a new employee orientation, either in person or virtually, for newly hired, promoted or demoted employees. The City shall provide the Union written notice of new employee orientations at least 10 business days prior to the orientation, unless there is an urgent need critical to City's operations that was not reasonably foreseeable that created the need for shorter notice. In the event that the City provides an in -person new employee orientation within 30 days of the start date of the new employee(s), Union representatives shall be permitted to make a presentation of up to 30 minutes, and present written materials written materials to new employees who attend. In the event that the City does not provide an in -person new employee orientation within 30 days of the start date of the employee(s), the City shall work with the Union to schedule a time for the Union to make an in -person on -site presentation to the new employees. The City shall provide the Union an appropriate on -site meeting space within seven (7) days of receiving a request from the Union for such meeting space for this purpose. At such on -site meetings, Union representatives shall be permitted to make a presentation of up to 30 minutes, and present written materials written materials to new employees who attend. During the scheduled on -site meeting, the City will relieve the new employee(s) of their job duties, unless doing so would adversely affect the City's operations. In the event that the City determines that an employee cannot be released because their release would adversely affect City operations, the City will inform the employee of the next scheduled Union presentation or meeting with new employees, so that the employee shall have the opportunity to attend that presentation or meeting. For employees who are not on duty during the scheduled on -site meeting, the City will compensate the employee as if they were on duty if they attend the meeting. New employees shall have the opportunity to attend the Union presentation or meeting, whether provided as part of the City's new employee orientation or otherwise. The City will not require that new employees attend the Union presentation or meeting, if they elect not to attend. Hei Page 143 of 379 CEA MOU October 1, 2023 through June 30, 2027 SECTION 6. Union Dues Deductions The City shall deduct dues on a regular payroll basis from the pay of Union members. Such deductions shall be authorized in writing on a form approved and provided by the Union for this purpose. The membership forms shall be retained by the Union. The City shall rely on a certification from the Union for the authorization, modification, or cancellation of any dues deductions. The City shall remit such funds to the Union within 30 days following their deduction. The City shall rely on a certification from the Union requesting a deduction or reduction that they have and will maintain an authorization, signed by the individual from whose salary or wages the deduction or reduction is to be made. The Union shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. The Union shall indemnify the City for any claims made by the employee for deductions made in reliance on that certification. The City shall direct all employee requests to cancel or change deductions to the Union. The City shall rely on information provided by the Union regarding whether deductions for Union membership were properly canceled or changed, and the Union shall indemnify the City for any claims made by the employee for deductions made in reliance on that information. Deductions may be revoked only pursuant to the terms of the employee's written authorization, Union Bylaws and this Agreement. The City shall deter or discourage employees or applicants for employment from becoming or remaining members of the Union, or from authorizing representation by the Union or from authorizing dues or fee deductions to the Union. SECTION 7. Complete Agreement This MOU contains all of the covenants, stipulations and provisions agreed upon by the City and the Union (hereinafter referred to as the "Parties") relating to employee wages, hours and other terms and conditions of employment. Therefore, for the life of this agreement, neither party shall be compelled to meet and confer with the other concerning any mandatory subject of bargaining that is covered by this Agreement. Except as set forth above, nothing herein shall be construed as a waiver of the Parties' rights to negotiate matters within the scope of bargaining. SECTION 8. Savings Clause If any provision or the application of any provision of this MOU as implemented should be rendered or declared invalid by a final court action or decree or preemptive legislation, the remaining sections of this MOU shall remain in full force and effect for the duration of said MOU. :1R Page 144 of 379 CEA MOU October 1, 2023 through June 30, 2027 SECTION 9. ImMementation of Aareement This MOU shall be jointly presented to the El Segundo City Council for implementation along with all the ordinances, resolutions and such other additional actions as may be necessary to implement the provisions of this MOU. If the City Council fails to adopt the necessary ordinances and resolutions to implement the provisions of this MOU, the parties agree to meet and confer. SECTION 10. Reopener The parties agree that during the term of this Agreement, they shall reopen negotiations to discuss the following subjects: 1. Any amendments to the Personnel Merit System, Personnel Rules and Regulations or modification of Municipal Code that are within the scope of representation 2. Changes to employee work schedules as a result of changes to the hours of operation at the Library. 3. Changes necessary to comply with any Federal, State or local law concerning non- discrimination. 4. As provided in Section 21 and pursuant to a request for reopener as described in that Section, changes to the Alternative Work Schedule. 5. The assignment of work periods and schedules for Library employees as provided in Article 2, Section 19. 6. Within 120 days of the adoption of this Agreement, the Parties shall meet to discuss standby duty and pay. 47 Page 145 of 379 CEA MOU October 1, 2023 through June 30, 2027 Vice President ,99,96" Lenms Gomez (Aug 27, 202408:52 PDT) Lennis Gomez Secreta easurer Gilbert Rivera Sergeant -at -Arms ob Adam Chief Negotiator, AFSCME -26--7- i Date For the City: Darrell George City Manager Rebecca Redy Director of Human Resources Alemna(ei' l/oWbedi Alexander Volberding(Aug 27,202404:18 P ) Alexander Volberding Liebert Cassidy Whitmore Chief Negotiator 'r ram& - Date Page 146 of 379 CEA MOU October 1, 2023 through June 30, 2027 APPENDIX A - BARGAINING UNIT CLASSIFICATIONS CITY MANAGER Media Specialist Computer Graphics Designer Senior Network Assistant CLERICAL AND SECRETARIAL Senior Administrative Specialist Administrative Specialist Administrative Technical Specialist (Public Works) Office Specialist II Office Specialist I Records Technician BUILDING SAFETY Senior Building Inspector Building Inspector II Building Inspector I License/Permit Specialist II License/Permit Specialist I Office Specialist II Code Compliance Inspector (Full- and Part -Time) ENGINEERING Civil Engineering Assistant Engineering Technician Public Works Inspector IPMENT AND BUILDING MAINTENANCE CLASSIFICATIONS Custodian Equipment Mechanic II Equipment Mechanic I Equipment Service Worker Facilities Systems Mechanic Senior Equipment Mechanic PLANNING CLASSIFICATIONS Assistant Planner Planning Technician Office Specialist II Page 147 of 379 CEA MOU October 1, 2023 through June 30, 2027 STREET MAINTENANCE CLASSIFICATIONS Street Maintenance Leadworker Street Maintenance Worker II Street Maintenance Worker I WATER/WASTEWATER CLASSIFICATIONS Water Maintenance Leadworker Meter Reader/Repairer Water Maintenance Worker II Water Maintenance Worker I Wastewater Maintenance Leadworker Wastewater Maintenance Worker II Wastewater Maintenance Worker I FINANCE CLASSIFICATIONS Accounting Technician Accounts Specialist II Accounts Specialist I Revenue Inspector License/Permit Specialist II License/Permit Specialist I Office Specialist II Office Specialist I FIRE CLASSIFICATIONS Fire Prevention Specialist LIBRARY SERVICES CLASSIFICATIONS Senior Library Assistant Library Assistant Library Clerk II Library Clerk I RECREATION AND PARKS CLASSIFICATIONS Recreation Coordinator Park Facilities Maintenance Technician Tree Maintenance Worker Park Maintenance Worker II Park Maintenance Worker I Pool Maintenance Technician Senior Park Maintenance Worker Page 148 of 379 CITYWIDE PUBLIC PAY SCHEDULE EFFECTIVE JULY 2024 - 3% ESCEA City of El Segundo City Employees Association Salary Schedule EFFECTIVE DATE SALARY REVISION EFFECTIVE DATE AGREEMENT NUMBER JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL 6/29/2024 9/3/2024 Accounting Technician ESCEA 22 Hourly 28.08 4867.58 58411.01 29.49 5110.95 61331.43 30.96 5366.51 64398.07 32.51 5634.83 67617.98 34.13 5916.58 70998.93 6/29/2024 9/3/2024 Accounts Specialist I ESCEA 12 Hourly 21.94 3802.52 45630.28 23.03 3992.65 47911.81 24.19 4192.29 50307.42 25.40 4401.90 52822.81 26.67 4622.00 55464.02 6/29/2024 9/3/2024 Accounts Specialist 11 ESCEA 18 Hourly 25.44 4409.80 52917.61 26.71 4630.29 55563.51 28.05 4861.80 58341.55 29.45 5104.89 61258.63 30.92 5360.12 64321.44 6/29/2024 9/3/2024 Administrative Specialist ESCEA 21 Hourly 27.40 4748.86 56986.27 28.77 4986.30 59835.63 30.21 5235.61 62827.36 31.72 5497.39 65968.66 33.30 5772.26 69267.17 6/29/2024 9/3/2024 Administrative Technical Specialist ESCEA 29 Hourly 33.38 5786.03 69432.30 35.05 6075.33 72903.98 36.80 6379.10 76549.19 38.64 6698.05 80376.59 40.57 7032.95 84395.44 6/29/2024 9/3/2024 Assistant Planner ESCEA 33 Hourly 36.85 6386.69 76640.28 38.69 6706.02 80472.25 40.62 7041.33 84495.93 42.65 7393.39 88720.70 44.79 7763.06 93156.70 6/29/2024 9/3/2024 Building Inspector I ESCEA 32 Hourly 35.95 6230.91 74770.95 37.74 6542.46 78509.48 39.63 6869.57 82434.90 41.61 7213.06 86556.71 43.69 7573.71 90884.56 6/29/2024 9/3/2024 Building Inspector II ESCEA 36 Hourly 39.68 6877.76 82533.16 41.66 7221.65 86659.79 43.75 7582.73 90992.71 45.93 7961.87 95542.43 48.23 8359.96 100319.57 6/29/2024 9/3/2024 Civil Engineering Assistant ESCEA 34 Hourly 37.77 6546.37 78556.45 39.66 6873.68 82484.21 41.64 7217.37 86608.50 43.72 7578.24 90938.82 45.91 7957.14 95485.70 6/29/2024 9/3/2024 Code Compliance Inspector ESCEA 36 Hourly 39.68 6877.76 82533.16 41.66 7221.65 86659.79 43.75 7582.73 90992.71 45.93 7961.87 95542.43 48.23 8359.96 100319.57 6/29/2024 9/3/2024 Media Specialist ESCEA 32 Hourly 35.95 6230.91 74770.95 37.74 6542.46 78509.48 39.63 6869.57 82434.90 41.61 7213.06 86556.71 43.69 7573.71 90884.56 6/29/2024 9/3/2024 Computer Graphics Designer ESCEA 34 Hourly 37.77 6546.37 78556.45 39.66 6873.68 82484.21 41.64 7217.37 86608.50 43.72 7578.24 90938.82 45.91 7957.14 95485.70 Page 149 of 379 CITYWIDE PUBLIC PAY SCHEDULE EFFECTIVE JULY 2024 - 3% ESCEA City of El Segundo City Employees Association Salary Schedule EFFECTIVE DATE SALARY REVISION EFFECTIVE DATE AGREEMENT NUMBER JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL 6/29/2024 9/3/2024 Cultural Arts Coordinator ESCEA 35S Hourly 39.20 6795.41 81544.98 41.16 7135.19 85622.23 43.22 7491.94 89903.34 45.38 7866.54 94398.50 47.65 8259.87 99118.42 6/29/2024 9/3/2024 Custodian ESCEA 11 Hourly 21.40 3709.78 44517.38 22.47 3895.27 46743.30 23.60 4090.05 49080.57 24.78 4294.54 51534.53 26.02 4509.27 54111.21 6/29/2024 9/3/2024 Economic Development Coordinator ESCEA 33 Hourly 36.85 6386.69 76640.28 38.69 6706.02 80472.25 40.62 7041.33 84495.93 42.65 7393.39 88720.70 44.79 7763.06 93156.70 6/29/2024 9/3/2024 Engineering Technician ESCEA 30 Hourly 34.22 5930.68 71168.14 35.93 6227.22 74726.58 37.72 6538.58 78463.01 39.61 6865.51 82386.07 41.59 7208.78 86505.42 6/29/2024 9/3/2024 Equipment Mechanic I ESCEA 22 Hourly 28.08 4867.58 58411.01 29.49 5110.95 61331.43 30.96 5366.51 64398.07 32.51 5634.83 67617.98 34.13 5916.58 70998.93 6/29/2024 9/3/2024 Equipment Mechanic II ESCEA 27 Hourly 31.77 5507.23 66086.82 33.36 5782.60 69391.14 35.03 6071.72 72860.59 36.78 6375.30 76503.58 38.62 6694.06 80328.75 6/29/2024 9/3/2024 Facilities Systems Mechanic ESCEA 32 Hourly 35.95 6230.91 74770.95 37.74 6542.46 78509.48 39.63 6869.57 82434.90 41.61 7213.06 86556.71 43.69 7573.71 90884.56 6/29/2024 9/3/2024 Senior Equipment Mechanic ESCEA 30 Hourly 34.22 5930.68 71168.14 35.93 6227.22 74726.58 37.72 6538.58 78463.01 39.61 6865.51 82386.07 41.59 7208.78 86505.42 6/29/2024 9/3/2024 Fire Prevention Specialist I ESCEA 34 Hourly 37.77 6546.37 78556.45 39.66 6873.68 82484.21 41.64 7217.37 86608.50 43.72 7578.24 90938.82 45.91 7957.14 95485.70 6/29/2024 9/3/2024 Fire Prevention Specialist 11 ESCEA 37 Hourly 41.64 7218.09 86617.14 43.72 7579.00 90947.99 45.91 7957.95 95495.39 48.21 8355.85 100270.16 50.62 8773.63 105283.59 6/29/2024 9/3/2024 Library Assistant ESCEA 20 Hourly 26.73 4633.03 55596.39 28.07 4864.69 58376.28 29.47 5107.92 61295.09 30.94 5363.31 64359.76 32.49 5631.48 67577.81 6/29/2024 9/3/2024 Library Clerk I ESCEA 7 Hourly 19.39 3360.87 40330.43 20.36 3528.92 42347.09 21.38 3705.36 44464.36 22.45 3890.64 46687.68 23.57 4085.18 49022.11 Page 150 of 379 CITYWIDE PUBLIC PAY SCHEDULE EFFECTIVE JULY 2024 - 3% ESCEA City of El Segundo City Employees Association Salary Schedule EFFECTIVE DATE SALARY REVISION EFFECTIVE DATE AGREEMENT NUMBER JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL 6/29/2024 9/3/2024 Library Clerk II ESCEA 11 Hourly 21.40 3709.78 44517.38 22.47 3895.27 46743.30 23.60 4090.05 49080.57 24.78 4294.54 51534.53 26.02 4509.27 54111.21 6/29/2024 9/3/2024 License/Permit Specialist I ESCEA 17 Hourly 24.82 4302.22 51626.61 26.06 4517.33 54207.99 27.36 4743.20 56918.42 28.73 4980.36 59764.31 30.17 5229.38 62752.59 6/29/2024 9/3/2024 License/Permit Specialist II ESCEA 22 Hourly 28.08 4867.58 58411.01 29.49 5110.95 61331.43 30.96 5366.51 64398.07 32.51 5634.83 67617.98 34.13 5916.58 70998.93 6/29/2024 9/3/2024 Park Facilities Maintenance Technician ESCEA 29 Hourly 33.38 5786.03 69432.30 35.05 6075.33 72903.98 36.80 6379.10 76549.19 38.64 6698.05 80376.59 40.57 7032.95 84395.44 6/29/2024 9/3/2024 Meter Reader/Repairer ESCEA 26 Hourly 31.00 5372.89 64474.70 32.55 5641.54 67698.44 34.17 5923.62 71083.47 35.88 6219.81 74637.71 37.68 6530.80 78369.57 6/29/2024 9/3/2024 Network Assistant ESCEA 22 Hourly 28.08 4867.58 58411.01 29.49 5110.95 61331.43 30.96 5366.51 64398.07 32.51 5634.83 67617.98 34.13 5916.58 70998.93 6/29/2024 9/3/2024 Office Specialist I ESCEA 11 Hourly 21.40 3709.78 44517.38 22.47 3895.27 46743.30 23.60 4090.05 49080.57 24.78 4294.54 51534.53 26.02 4509.27 54111.21 6/29/2024 9/3/2024 Office Specialist II ESCEA 17 Hourly 24.82 4302.22 51626.61 26.06 4517.33 54207.99 27.36 4743.20 56918.42 28.73 4980.36 59764.31 30.17 5229.38 62752.59 6/29/2024 9/3/2024 Park Maintenance Worker I ESCEA 15 Hourly 23.62 4094.92 49139.03 24.81 4299.66 51595.95 26.05 4514.64 54175.73 27.35 4740.38 56884.55 28.72 4977.39 59728.71 6/29/2024 9/3/2024 Park Maintenance Worker 11 ESCEA 19 Hourly 26.08 4520.03 54240.38 27.38 4746.03 56952.41 28.75 4983.34 59800.03 30.19 5232.50 62790.04 31.70 5494.13 65929.60 6/29/2024 9/3/2024 Planning Technician ESCEA 23 Hourly 28.78 4989.28 59871.35 30.22 5238.73 62864.81 31.73 5500.67 66008.09 33.32 5775.70 69308.45 34.99 6064.50 72773.95 6/29/2024 9/3/2024 Pool Maintenance Technician ESCEA 25 Hourly 30.24 5241.86 62902.26 31.75 5503.95 66047.39 33.34 5779.14 69349.74 35.01 6068.10 72817.21 36.76 6371.51 76458.09 Page 151 of 379 CITYWIDE PUBLIC PAY SCHEDULE EFFECTIVE JULY 2024 - 3% ESCEA City of El Segundo City Employees Association Salary Schedule EFFECTIVE DATE SALARY REVISION EFFECTIVE DATE AGREEMENT NUMBER JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL 6/29/2024 9/3/2024 Public Works Inspector ESCEA 22 Hourly 28.08 4867.58 58411.01 29.49 5110.95 61331.43 30.96 5366.51 64398.07 32.51 5634.83 67617.98 34.13 5916.58 70998.93 6/29/2024 9/3/2024 Records Technician ESCEA 23 Hourly 28.78 4989.28 59871.35 30.22 5238.73 62864.81 31.73 5500.67 66008.09 33.32 5775.70 69308.45 34.99 6064.50 72773.95 6/29/2024 9/3/2024 Recreation Coordinator ESCEA 25 Hourly 30.24 5241.86 62902.26 31.75 5503.95 66047.39 33.34 5779.14 69349.74 35.01 6068.10 72817.21 36.76 6371.51 76458.09 6/29/2024 9/3/2024 Revenue Inspector ESCEA 33 Hourly 36.85 6386.69 76640.28 38.69 6706.02 80472.25 40.62 7041.33 84495.93 42.65 7393.39 88720.70 44.79 7763.06 93156.70 6/29/2024 9/3/2024 Senior Administrative Specialist ESCEA 25 Hourly 30.24 5241.86 62902.26 31.75 5503.95 66047.39 33.34 5779.14 69349.74 35.01 6068.10 72817.21 36.76 6371.51 76458.09 6/29/2024 9/3/2024 Senior Library Assistant ESCEA 27 Hourly 31.77 5507.23 66086.82 33.36 5782.60 69391.14 35.03 6071.72 72860.59 36.78 6375.30 76503.58 38.62 6694.06 80328.75 6/29/2024 9/3/2024 Senior Network Assistant ESCEA 26 Hourly 31.00 5372.89 64474.70 32.55 5641.54 67698.44 34.17 5923.62 71083.47 35.88 6219.81 74637.71 37.68 6530.80 78369.57 6/29/2024 9/3/2024 Street Maintenance Leadworker ESCEA 28 Hourly 32.57 5644.90 67738.86 34.20 5927.15 71125.74 35.90 6223.51 74682.09 37.70 6534.68 78416.17 39.59 6861.41 82336.88 6/29/2024 9/3/2024 Street Maintenance Worker I ESCEA 15 Hourly 23.62 4094.92 49139.03 24.81 4299.66 51595.95 26.05 4514.64 54175.73 27.35 4740.38 56884.55 28.72 4977.39 59728.71 6/29/2024 9/3/2024 Street Maintenance Worker II ESCEA 19 Hourly 26.08 4520.03 54240.38 27.38 4746.03 56952.41 28.75 4983.34 59800.03 30.19 5232.50 62790.04 31.70 5494.13 65929.60 6/29/2024 9/3/2024 Tree Maintenance Worker ESCEA 22 Hourly 28.08 4867.58 58411.01 29.49 5110.95 61331.43 30.96 5366.51 64398.07 32.51 5634.83 67617.98 34.13 5916.58 70998.93 6/29/2024 9/3/2024 Water/Wastewater Maintenance Leadworker ESCEA 28 Hourly 32.57 5644.90 67738.86 34.20 5927.15 71125.74 35.90 6223.51 74682.09 37.70 6534.68 78416.17 39.59 6861.41 82336.88 Page 152 of 379 CITYWIDE PUBLIC PAY SCHEDULE EFFECTIVE JULY 2024 - 3% ESCEA City of El Segundo City Employees Association Salary Schedule EFFECTIVE DATE SALARY REVISION EFFECTIVE DATE AGREEMENT NUMBER JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL 6/29/2024 9/3/2024 Water/Wastewater Maintenance Worker I ESCEA 18 Hourly 25.44 4409.80 52917.61 26.71 4630.29 55563.51 28.05 4861.80 58341.55 29.45 5104.89 61258.63 30.92 5360.12 64321.44 6/29/2024 9/3/2024 Water/Wastewater Maintenance Worker 11 ESCEA 22 Hourly 28.08 4867.58 58411.01 29.49 5110.95 61331.43 30.96 5366.51 64398.07 32.51 5634.83 67617.98 34.13 5916.58 70998.93 6/29/2024 9/3/2024 Code Compliance Inspector (Part -Time) ESCEA Hourly 39.68 41.66 43.75 45.93 48.23 Page 153 of 379 CITYWIDE PUBLIC PAY SCHEDULE EFFECTIVE JULY 2025 - 3% ESCEA City of El Segundo City Employees Association Salary Schedule EFFECTIVE DATE SALARY REVISION EFFECTIVE DATE AGREEMENT NUMBER JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL 6/28/2025 9/3/2024 Accounting Technician ESCEA 22 Hourly 28.92 5013.61 60163.34 30.37 5264.28 63171.38 31.89 5527.50 66330.01 33.48 5803.88 69646.51 35.16 6094.07 73128.90 6/28/2025 9/3/2024 Accounts Specialist I ESCEA 12 Hourly 22.60 3916.60 46999.19 23.73 4112.43 49349.16 24.91 4318.05 51816.65 26.16 4533.96 54407.49 27.47 4760.66 57127.94 6/28/2025 9/3/2024 Accounts Specialist 11 ESCEA 18 Hourly 26.20 4542.09 54505.14 27.51 4769.20 57230.42 28.89 5007.65 60091.79 30.33 5258.03 63096.39 31.85 5520.92 66251.08 6/28/2025 9/3/2024 Administrative Specialist ESCEA 21 Hourly 28.22 4891.32 58695.86 29.63 5135.89 61630.69 31.11 5392.68 64712.18 32.67 5662.31 67947.72 34.30 5945.43 71345.19 6/28/2025 9/3/2024 Administrative Technical Specialist ESCEA 29 Hourly 34.38 5959.61 71515.27 36.10 6257.59 75091.10 37.91 6570.47 78845.66 39.80 6898.99 82787.88 41.79 7243.94 86927.30 6/28/2025 9/3/2024 Assistant Planner ESCEA 33 Hourly 37.95 6578.29 78939.49 39.85 6907.20 82886.42 41.84 7252.57 87030.80 43.93 7615.19 91382.32 46.13 7995.95 95951.40 6/28/2025 9/3/2024 Building Inspector I ESCEA 32 Hourly 37.03 6417.84 77014.08 38.88 6738.73 80864.77 40.82 7075.66 84907.94 42.86 7429.45 89153.41 45.01 7800.93 93611.10 6/28/2025 9/3/2024 Building Inspector II ESCEA 36 Hourly 40.87 7084.10 85009.15 42.91 7438.30 89259.59 45.06 7810.21 93722.49 47.31 8200.73 98408.70 49.68 8610.76 103329.16 6/28/2025 9/3/2024 Civil Engineering Assistant ESCEA 34 Hourly 38.90 6742.76 80913.15 40.85 7079.89 84958.74 42.89 7433.90 89206.75 45.03 7805.58 93666.99 47.28 8195.86 98350.27 6/28/2025 9/3/2024 Code Compliance Inspector ESCEA 36 Hourly 40.87 7084.10 85009.15 42.91 7438.30 89259.59 45.06 7810.21 93722.49 47.31 8200.73 98408.70 49.68 8610.76 103329.16 6/28/2025 9/3/2024 Media Specialist ESCEA 32 Hourly 37.03 6417.84 77014.08 38.88 6738.73 80864.77 40.82 7075.66 84907.94 42.86 7429.45 89153.41 45.01 7800.93 93611.10 6/28/2025 9/3/2024 Computer Graphics Designer ESCEA 34 Hourly 38.90 6742.76 80913.15 40.85 7079.89 84958.74 42.89 7433.90 89206.75 45.03 7805.58 93666.99 47.28 8195.86 98350.27 Page 154 of 379 CITYWIDE PUBLIC PAY SCHEDULE EFFECTIVE JULY 2025 - 3% ESCEA City of El Segundo City Employees Association Salary Schedule EFFECTIVE DATE SALARY REVISION EFFECTIVE DATE AGREEMENT NUMBER JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL 6/28/2025 9/3/2024 Cultural Arts Coordinator ESCEA 35S Hourly 40.38 6999.28 83991.33 42.40 7349.24 88190.89 44.52 7716.70 92600.44 46.75 8102.54 97230.46 49.08 8507.66 102091.98 6/28/2025 9/3/2024 Custodian ESCEA 11 Hourly 22.04 3821.08 45852.90 23.15 4012.13 48145.59 24.30 4212.75 50552.99 25.52 4423.38 53080.56 26.80 4644.55 55734.55 6/28/2025 9/3/2024 Economic Development Coordinator ESCEA 33 Hourly 37.95 6578.29 78939.49 39.85 6907.20 82886.42 41.84 7252.57 87030.80 43.93 7615.19 91382.32 46.13 7995.95 95951.40 6/28/2025 9/3/2024 Engineering Technician ESCEA 30 Hourly 35.24 6108.60 73303.18 37.00 6414.03 76968.38 38.85 6734.74 80816.90 40.80 7071.47 84857.66 42.84 7425.05 89100.58 6/28/2025 9/3/2024 Equipment Mechanic I ESCEA 22 Hourly 28.92 5013.61 60163.34 30.37 5264.28 63171.38 31.89 5527.50 66330.01 33.48 5803.88 69646.51 35.16 6094.07 73128.90 6/28/2025 9/3/2024 Equipment Mechanic II ESCEA 27 Hourly 32.73 5672.45 68069.42 34.36 5956.07 71472.88 36.08 6253.87 75046.41 37.88 6566.56 78798.69 39.78 6894.88 82738.61 6/28/2025 9/3/2024 Facilities Systems Mechanic ESCEA 32 Hourly 37.03 6417.84 77014.08 38.88 6738.73 80864.77 40.82 7075.66 84907.94 42.86 7429.45 89153.41 45.01 7800.93 93611.10 6/28/2025 9/3/2024 Senior Equipment Mechanic ESCEA 30 Hourly 35.24 6108.60 73303.18 37.00 6414.03 76968.38 38.85 6734.74 80816.90 40.80 7071.47 84857.66 42.84 7425.05 89100.58 6/28/2025 9/3/2024 Fire Prevention Specialist I ESCEA 34 Hourly 38.90 6742.76 80913.15 40.85 7079.89 84958.74 42.89 7433.90 89206.75 45.03 7805.58 93666.99 47.28 8195.86 98350.27 6/28/2025 9/3/2024 Fire Prevention Specialist 11 ESCEA 37 Hourly 42.89 7434.64 89215.65 45.04 7806.37 93676.43 47.29 8196.69 98360.26 49.65 8606.52 103278.27 52.14 9036.84 108442.10 6/28/2025 9/3/2024 Library Assistant ESCEA 20 Hourly 27.53 4772.02 57264.28 28.91 5010.63 60127.57 30.35 5261.16 63133.95 31.87 5524.21 66290.55 33.46 5800.43 69605.14 6/28/2025 9/3/2024 Library Clerk I ESCEA 7 Hourly 19.97 3461.70 41540.35 20.97 3634.79 43617.50 22.02 3816.52 45798.29 23.12 4007.36 48088.31 24.28 4207.73 50492.77 Page 155 of 379 CITYWIDE PUBLIC PAY SCHEDULE EFFECTIVE JULY 2025 - 3% ESCEA City of El Segundo City Employees Association Salary Schedule EFFECTIVE DATE SALARY REVISION EFFECTIVE DATE AGREEMENT NUMBER JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL 6/28/2025 9/3/2024 Library Clerk II ESCEA 11 Hourly 22.04 3821.08 45852.90 23.15 4012.13 48145.59 24.30 4212.75 50552.99 25.52 4423.38 53080.56 26.80 4644.55 55734.55 6/28/2025 9/3/2024 License/Permit Specialist I ESCEA 17 Hourly 25.57 4431.28 53175.41 26.84 4652.85 55834.23 28.19 4885.50 58625.97 29.59 5129.77 61557.24 31.07 5386.26 64635.16 6/28/2025 9/3/2024 License/Permit Specialist II ESCEA 22 Hourly 28.92 5013.61 60163.34 30.37 5264.28 63171.38 31.89 5527.50 66330.01 33.48 5803.88 69646.51 35.16 6094.07 73128.90 6/28/2025 9/3/2024 Park Facilities Maintenance Technician ESCEA 29 Hourly 34.38 5959.61 71515.27 36.10 6257.59 75091.10 37.91 6570.47 78845.66 39.80 6898.99 82787.88 41.79 7243.94 86927.30 6/28/2025 9/3/2024 Meter Reader/Repairer ESCEA 26 Hourly 31.93 5534.08 66408.95 33.52 5810.78 69729.39 35.20 6101.33 73215.98 36.96 6406.40 76876.85 38.81 6726.72 80720.66 6/28/2025 9/3/2024 Network Assistant ESCEA 22 Hourly 28.92 5013.61 60163.34 30.37 5264.28 63171.38 31.89 5527.50 66330.01 33.48 5803.88 69646.51 35.16 6094.07 73128.90 6/28/2025 9/3/2024 Office Specialist I ESCEA 11 Hourly 22.04 3821.08 45852.90 23.15 4012.13 48145.59 24.30 4212.75 50552.99 25.52 4423.38 53080.56 26.80 4644.55 55734.55 6/28/2025 9/3/2024 Office Specialist II ESCEA 17 Hourly 25.57 4431.28 53175.41 26.84 4652.85 55834.23 28.19 4885.50 58625.97 29.59 5129.77 61557.24 31.07 5386.26 64635.16 6/28/2025 9/3/2024 Park Maintenance Worker I ESCEA 15 Hourly 24.33 4217.77 50613.21 25.55 4428.65 53143.83 26.83 4650.08 55801.01 28.17 4882.59 58591.09 29.58 5126.71 61520.57 6/28/2025 9/3/2024 Park Maintenance Worker 11 ESCEA 19 Hourly 26.86 4655.63 55867.59 28.20 4888.42 58660.98 29.61 5132.84 61594.03 31.09 5389.48 64673.74 32.65 5658.96 67907.49 6/28/2025 9/3/2024 Planning Technician ESCEA 23 Hourly 29.65 5138.96 61667.49 31.13 5395.90 64750.76 32.69 5665.69 67988.33 34.32 5948.98 71387.71 36.04 6246.43 74957.17 6/28/2025 9/3/2024 Pool Maintenance Technician ESCEA 25 Hourly 31.15 5399.11 64789.33 32.71 5669.07 68028.81 34.34 5952.52 71430.23 36.06 6250.14 75001.73 37.86 6562.65 78751.84 Page 156 of 379 CITYWIDE PUBLIC PAY SCHEDULE EFFECTIVE JULY 2025 - 3% ESCEA City of El Segundo City Employees Association Salary Schedule EFFECTIVE DATE SALARY REVISION EFFECTIVE DATE AGREEMENT NUMBER JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL 6/28/2025 9/3/2024 Public Works Inspector ESCEA 22 Hourly 28.92 5013.61 60163.34 30.37 5264.28 63171.38 31.89 5527.50 66330.01 33.48 5803.88 69646.51 35.16 6094.07 73128.90 6/28/2025 9/3/2024 Records Technician ESCEA 23 Hourly 29.65 5138.96 61667.49 31.13 5395.90 64750.76 32.69 5665.69 67988.33 34.32 5948.98 71387.71 36.04 6246.43 74957.17 6/28/2025 9/3/2024 Recreation Coordinator ESCEA 25 Hourly 31.15 5399.11 64789.33 32.71 5669.07 68028.81 34.34 5952.52 71430.23 36.06 6250.14 75001.73 37.86 6562.65 78751.84 6/28/2025 9/3/2024 Revenue Inspector ESCEA 33 Hourly 37.95 6578.29 78939.49 39.85 6907.20 82886.42 41.84 7252.57 87030.80 43.93 7615.19 91382.32 46.13 7995.95 95951.40 6/28/2025 9/3/2024 Senior Administrative Specialist ESCEA 25 Hourly 31.15 5399.11 64789.33 32.71 5669.07 68028.81 34.34 5952.52 71430.23 36.06 6250.14 75001.73 37.86 6562.65 78751.84 6/28/2025 9/3/2024 Senior Library Assistant ESCEA 27 Hourly 32.73 5672.45 68069.42 34.36 5956.07 71472.88 36.08 6253.87 75046.41 37.88 6566.56 78798.69 39.78 6894.88 82738.61 6/28/2025 9/3/2024 Senior Network Assistant ESCEA 26 Hourly 31.93 5534.08 66408.95 33.52 5810.78 69729.39 35.20 6101.33 73215.98 36.96 6406.40 76876.85 38.81 6726.72 80720.66 6/28/2025 9/3/2024 Street Maintenance Leadworker ESCEA 28 Hourly 33.54 5814.25 69771.02 35.22 6104.96 73259.52 36.98 6410.21 76922.55 38.83 6730.72 80768.65 40.77 7067.25 84806.99 6/28/2025 9/3/2024 Street Maintenance Worker I ESCEA 15 Hourly 24.33 4217.77 50613.21 25.55 4428.65 53143.83 26.83 4650.08 55801.01 28.17 4882.59 58591.09 29.58 5126.71 61520.57 6/28/2025 9/3/2024 Street Maintenance Worker II ESCEA 19 Hourly 26.86 4655.63 55867.59 28.20 4888.42 58660.98 29.61 5132.84 61594.03 31.09 5389.48 64673.74 32.65 5658.96 67907.49 6/28/2025 9/3/2024 Tree Maintenance Worker ESCEA 22 Hourly 28.92 5013.61 60163.34 30.37 5264.28 63171.38 31.89 5527.50 66330.01 33.48 5803.88 69646.51 35.16 6094.07 73128.90 6/28/2025 9/3/2024 Water/Wastewater Maintenance Leadworker ESCEA 28 Hourly 33.54 5814.25 69771.02 35.22 6104.96 73259.52 36.98 6410.21 76922.55 38.83 6730.72 80768.65 40.77 7067.25 84806.99 Page 157 of 379 CITYWIDE PUBLIC PAY SCHEDULE EFFECTIVE JULY 2025 - 3% ESCEA City of El Segundo City Employees Association Salary Schedule EFFECTIVE DATE SALARY REVISION EFFECTIVE DATE AGREEMENT NUMBER JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL 6/28/2025 9/3/2024 Water/Wastewater Maintenance Worker I ESCEA 18 Hourly 26.20 4542.09 54505.14 27.51 4769.20 57230.42 28.89 5007.65 60091.79 30.33 5258.03 63096.39 31.85 5520.92 66251.08 6/28/2025 9/3/2024 Water/Wastewater Maintenance Worker 11 ESCEA 22 Hourly 28.92 5013.61 60163.34 30.37 5264.28 63171.38 31.89 5527.50 66330.01 33.48 5803.88 69646.51 35.16 6094.07 73128.90 6/29/2024 9/3/2024 Code Compliance Inspector (Part -Time) ESCEA Hourly 40.87 42.91 45.06 47.31 49.68 Page 158 of 379 CITYWIDE PUBLIC PAY SCHEDULE EFFECTIVE JULY 2026 - 2% ESCEA City of El Segundo City Employees Association Salary Schedule EFFECTIVE DATE SALARY REVISION EFFECTIVE DATE AGREEMENT NUMBER JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL 6/27/2026 9/3/2024 Accounting Technician ESCEA 22 Hourly 29.50 5113.88 61366.61 30.98 5369.57 64434.80 32.53 5638.05 67656.61 34.15 5919.95 71039.45 35.86 6215.96 74591.48 6/27/2026 9/3/2024 Accounts Specialist I ESCEA 12 Hourly 23.05 3994.93 47939.17 24.20 4194.68 50336.15 25.41 4404.42 52852.98 26.68 4624.64 55495.64 28.01 4855.87 58270.50 6/27/2026 9/3/2024 Accounts Specialist 11 ESCEA 18 Hourly 26.73 4632.94 55595.24 28.06 4864.59 58375.03 29.47 5107.80 61293.63 30.94 5363.19 64358.32 32.49 5631.34 67576.10 6/27/2026 9/3/2024 Administrative Specialist ESCEA 21 Hourly 28.78 4989.15 59869.78 30.22 5238.61 62863.31 31.73 5500.54 66006.43 33.32 5775.56 69306.67 34.99 6064.34 72772.09 6/27/2026 9/3/2024 Administrative Technical Specialist ESCEA 29 Hourly 35.07 6078.80 72945.57 36.82 6382.74 76592.92 38.66 6701.88 80422.58 40.60 7036.97 84443.64 42.63 7388.82 88665.85 6/27/2026 9/3/2024 Assistant Planner ESCEA 33 Hourly 38.71 6709.86 80518.28 40.65 7045.35 84544.15 42.68 7397.62 88771.42 44.81 7767.50 93209.97 47.05 8155.87 97870.43 6/27/2026 9/3/2024 Building Inspector I ESCEA 32 Hourly 37.77 6546.20 78554.37 39.65 6873.51 82482.06 41.64 7217.18 86606.10 43.72 7578.04 90936.48 45.91 7956.94 95483.32 6/27/2026 9/3/2024 Building Inspector II ESCEA 36 Hourly 41.69 7225.78 86709.34 43.77 7587.06 91044.78 45.96 7966.41 95596.94 48.26 8364.74 100376.88 50.67 8782.98 105395.74 6/27/2026 9/3/2024 Civil Engineering Assistant ESCEA 34 Hourly 39.68 6877.62 82531.41 41.66 7221.49 86657.91 43.75 7582.57 90990.89 45.93 7961.69 95540.33 48.23 8359.77 100317.27 6/27/2026 9/3/2024 Code Compliance Inspector ESCEA 36 Hourly 41.69 7225.78 86709.34 43.77 7587.06 91044.78 45.96 7966.41 95596.94 48.26 8364.74 100376.88 50.67 8782.98 105395.74 6/27/2026 9/3/2024 Media Specialist ESCEA 32 Hourly 37.77 6546.20 78554.37 39.65 6873.51 82482.06 41.64 7217.18 86606.10 43.72 7578.04 90936.48 45.91 7956.94 95483.32 6/27/2026 9/3/2024 Computer Graphics Designer ESCEA 34 Hourly 39.68 6877.62 82531.41 41.66 7221.49 86657.91 43.75 7582.57 90990.89 45.93 7961.69 95540.33 48.23 8359.77 100317.27 Page 159 of 379 CITYWIDE PUBLIC PAY SCHEDULE EFFECTIVE JULY 2026 - 2% ESCEA City of El Segundo City Employees Association Salary Schedule EFFECTIVE DATE SALARY REVISION EFFECTIVE DATE AGREEMENT NUMBER JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL 6/27/2026 9/3/2024 Cultural Arts Coordinator ESCEA 35S Hourly 41.19 7139.26 85671.15 43.25 7496.23 89954.71 45.41 7871.04 94452.45 47.68 8264.59 99175.07 50.06 8677.82 104133.82 6/27/2026 9/3/2024 Custodian ESCEA 11 Hourly 22.49 3897.50 46769.96 23.61 4092.38 49108.51 24.79 4297.00 51564.05 26.03 4511.85 54142.17 27.33 4737.44 56849.24 6/27/2026 9/3/2024 Economic Development Coordinator ESCEA 33 Hourly 38.71 6709.86 80518.28 40.65 7045.35 84544.15 42.68 7397.62 88771.42 44.81 7767.50 93209.97 47.05 8155.87 97870.43 6/27/2026 9/3/2024 Engineering Technician ESCEA 30 Hourly 35.95 6230.77 74769.25 37.74 6542.31 78507.75 39.63 6869.44 82433.24 41.61 7212.90 86554.81 43.69 7573.55 90882.59 6/27/2026 9/3/2024 Equipment Mechanic I ESCEA 22 Hourly 29.50 5113.88 61366.61 30.98 5369.57 64434.80 32.53 5638.05 67656.61 34.15 5919.95 71039.45 35.86 6215.96 74591.48 6/27/2026 9/3/2024 Equipment Mechanic II ESCEA 27 Hourly 33.38 5785.90 69430.81 35.05 6075.19 72902.33 36.80 6378.94 76547.34 38.64 6697.89 80374.66 40.57 7032.78 84393.39 6/27/2026 9/3/2024 Facilities Systems Mechanic ESCEA 32 Hourly 37.77 6546.20 78554.37 39.65 6873.51 82482.06 41.64 7217.18 86606.10 43.72 7578.04 90936.48 45.91 7956.94 95483.32 6/27/2026 9/3/2024 Senior Equipment Mechanic ESCEA 30 Hourly 35.95 6230.77 74769.25 37.74 6542.31 78507.75 39.63 6869.44 82433.24 41.61 7212.90 86554.81 43.69 7573.55 90882.59 6/27/2026 9/3/2024 Fire Prevention Specialist I ESCEA 34 Hourly 39.68 6877.62 82531.41 41.66 7221.49 86657.91 43.75 7582.57 90990.89 45.93 7961.69 95540.33 48.23 8359.77 100317.27 6/27/2026 9/3/2024 Fire Prevention Specialist 11 ESCEA 37 Hourly 43.75 7583.33 90999.96 45.94 7962.50 95549.96 48.23 8360.62 100327.46 50.65 8778.65 105343.83 53.18 9217.58 110610.94 6/27/2026 9/3/2024 Library Assistant ESCEA 20 Hourly 28.08 4867.46 58409.57 29.49 5110.84 61330.12 30.96 5366.39 64396.63 32.51 5634.70 67616.36 34.13 5916.44 70997.24 6/27/2026 9/3/2024 Library Clerk I ESCEA 7 Hourly 20.37 3530.93 42371.15 21.39 3707.49 44489.85 22.46 3892.85 46714.25 23.58 4087.51 49050.07 24.76 4291.89 51502.63 Page 160 of 379 CITYWIDE PUBLIC PAY SCHEDULE EFFECTIVE JULY 2026 - 2% ESCEA City of El Segundo City Employees Association Salary Schedule EFFECTIVE DATE SALARY REVISION EFFECTIVE DATE AGREEMENT NUMBER JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL 6/27/2026 9/3/2024 Library Clerk II ESCEA 11 Hourly 22.49 3897.50 46769.96 23.61 4092.38 49108.51 24.79 4297.00 51564.05 26.03 4511.85 54142.17 27.33 4737.44 56849.24 6/27/2026 9/3/2024 License/Permit Specialist I ESCEA 17 Hourly 26.08 4519.91 54238.91 27.38 4745.91 56950.92 28.75 4983.21 59798.49 30.19 5232.37 62788.38 31.70 5493.99 65927.87 6/27/2026 9/3/2024 License/Permit Specialist II ESCEA 22 Hourly 29.50 5113.88 61366.61 30.98 5369.57 64434.80 32.53 5638.05 67656.61 34.15 5919.95 71039.45 35.86 6215.96 74591.48 6/27/2026 9/3/2024 Park Facilities Maintenance Technician ESCEA 29 Hourly 35.07 6078.80 72945.57 36.82 6382.74 76592.92 38.66 6701.88 80422.58 40.60 7036.97 84443.64 42.63 7388.82 88665.85 6/27/2026 9/3/2024 Meter Reader/Repairer ESCEA 26 Hourly 32.57 5644.76 67737.12 34.19 5927.00 71123.98 35.90 6223.36 74680.30 37.70 6534.53 78414.38 39.58 6861.26 82335.07 6/27/2026 9/3/2024 Network Assistant ESCEA 22 Hourly 29.50 5113.88 61366.61 30.98 5369.57 64434.80 32.53 5638.05 67656.61 34.15 5919.95 71039.45 35.86 6215.96 74591.48 6/27/2026 9/3/2024 Office Specialist I ESCEA 11 Hourly 22.49 3897.50 46769.96 23.61 4092.38 49108.51 24.79 4297.00 51564.05 26.03 4511.85 54142.17 27.33 4737.44 56849.24 6/27/2026 9/3/2024 Office Specialist II ESCEA 17 Hourly 26.08 4519.91 54238.91 27.38 4745.91 56950.92 28.75 4983.21 59798.49 30.19 5232.37 62788.38 31.70 5493.99 65927.87 6/27/2026 9/3/2024 Park Maintenance Worker I ESCEA 15 Hourly 24.82 4302.12 51625.47 26.06 4517.23 54206.71 27.36 4743.09 56917.03 28.73 4980.24 59762.91 30.17 5229.25 62750.98 6/27/2026 9/3/2024 Park Maintenance Worker 11 ESCEA 19 Hourly 27.40 4748.74 56984.94 28.77 4986.18 59834.20 30.20 5235.49 62825.91 31.72 5497.27 6. 67.21 33.30 5772.14 69265.64 6/27/2026 9/3/2024 Planning Technician ESCEA 23 Hourly 30.24 5241.74 62900.84 31.75 5503.81 66045.77 33.34 5779.01 69348.09 35.01 6067.96 72815.46 36.76 6371.36 76456.31 6/27/2026 9/3/2024 Pool Maintenance Technician ESCEA 25 Hourly 31.77 5507.09 66085.12 33.36 5782.45 69389.39 35.03 6071.57 72858.83 36.78 6375.15 76501.76 38.62 6693.91 80326.87 Page 161 of 379 CITYWIDE PUBLIC PAY SCHEDULE EFFECTIVE JULY 2026 - 2% ESCEA City of El Segundo City Employees Association Salary Schedule EFFECTIVE DATE SALARY REVISION EFFECTIVE DATE AGREEMENT NUMBER JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL 6/27/2026 9/3/2024 Public Works Inspector ESCEA 22 Hourly 29.50 5113.88 61366.61 30.98 5369.57 64434.80 32.53 5638.05 67656.61 34.15 5919.95 71039.45 35.86 6215.96 74591.48 6/27/2026 9/3/2024 Records Technician ESCEA 23 Hourly 30.24 5241.74 62900.84 31.75 5503.81 66045.77 33.34 5779.01 69348.09 35.01 6067.96 72815.46 36.76 6371.36 76456.31 6/27/2026 9/3/2024 Recreation Coordinator ESCEA 25 Hourly 31.77 5507.09 66085.12 33.36 5782.45 69389.39 35.03 6071.57 72858.83 36.78 6375.15 76501.76 38.62 6693.91 80326.87 6/27/2026 9/3/2024 Revenue Inspector ESCEA 33 Hourly 38.71 6709.86 80518.28 40.65 7045.35 84544.15 42.68 7397.62 88771.42 44.81 7767.50 93209.97 47.05 8155.87 97870.43 6/27/2026 9/3/2024 Senior Administrative Specialist ESCEA 25 Hourly 31.77 5507.09 66085.12 33.36 5782.45 69389.39 35.03 6071.57 72858.83 36.78 6375.15 76501.76 38.62 6693.91 80326.87 6/27/2026 9/3/2024 Senior Library Assistant ESCEA 27 Hourly 33.38 5785.90 69430.81 35.05 6075.19 72902.33 36.80 6378.94 76547.34 38.64 6697.89 80374.66 40.57 7032.78 84393.39 6/27/2026 9/3/2024 Senior Network Assistant ESCEA 26 Hourly 32.57 5644.76 67737.12 34.19 5927.00 71123.98 35.90 6223.36 74680.30 37.70 6534.53 78414.38 39.58 6861.26 82335.07 6/27/2026 9/3/2024 Street Maintenance Leadworker ESCEA 28 Hourly 34.21 5930.54 71166.44 35.93 6227.06 74724.71 37.72 6538.42 78461.00 39.61 6865.34 82384.02 41.59 7208.59 86503.13 6/27/2026 9/3/2024 Street Maintenance Worker I ESCEA 15 Hourly 24.82 4302.12 51625.47 26.06 4517.23 54206.71 27.36 4743.09 56917.03 28.73 4980.24 59762.91 30.17 5229.25 62750.98 6/27/2026 9/3/2024 Street Maintenance Worker II ESCEA 19 Hourly 27.40 4748.74 56984.94 28.77 4986.18 59834.20 30.20 5235.49 62825.91 31.72 5497.27 65967.21 33.30 5772.14 69265.64 6/27/2026 9/3/2024 Tree Maintenance Worker ESCEA 22 Hourly 29.50 5113.88 61366.61 30.98 5369.57 64434.80 32.53 5638.05 67656.61 34.15 5919.95 71039.45 35.86 6215.96 74591.48 6/27/2026 9/3/2024 Water/Wastewater Maintenance Leadworker ESCEA 28 Hourly 34.21 5930.54 71166.44 35.93 6227.06 74724.71 37.72 6538.42 78461.00 39.61 6865.34 82384.02 41.59 7208.59 86503.13 Page 162 of 379 CITYWIDE PUBLIC PAY SCHEDULE EFFECTIVE JULY 2026 - 2% ESCEA City of El Segundo City Employees Association Salary Schedule EFFECTIVE DATE SALARY REVISION EFFECTIVE DATE AGREEMENT NUMBER JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL 6/27/2026 9/3/2024 Water/Wastewater Maintenance Worker I ESCEA 18 Hourly 26.73 4632.94 55595.24 28.06 4864.59 58375.03 29.47 5107.80 61293.63 30.94 5363.19 64358.32 32.49 5631.34 67576.10 6/27/2026 9/3/2024 Water/Wastewater Maintenance Worker 11 ESCEA 22 Hourly 29.50 5113.88 61366.61 30.98 5369.57 64434.80 32.53 5638.05 67656.61 34.15 5919.95 71039.45 35.86 6215.96 74591.48 6/29/2024 9/3/2024 Code Compliance Inspector (Part -Time) ESCEA Hourly 41.69 43.77 45.96 48.26 50.67 Page 163 of 379 City SMosal (8-210-2024) MEMORANDUM OF UNDERSTANDING EL SEGUNDO CITY EMPLOYEES ASSOCIATION October 1, 2023 — June 30, 202 Ec°mment°d,LCW11: EL 14ov 49`. 12560486.v4 Page 164 of 379 City SMosal (8-201-2024) TABLE OF CONTENTS ARTICLE 1 INTRODUCTION ARTICLE 2 COMPENSTION ARTICLE 3 BENEFITS ARTICLE 4 LEAVES AND ABSENCES ARTICLE 5 EMPLOYER — EMPLOYEE RELATIONS ARTICLE 6 OTHER PROVISIONS -1- E1.140`.149. 256048(. 4 Commented 1LCW21: Non -substantive change: Reorganize restructured MOU. This organization and structure aligns with the new organization and structure for the City's other miscellaneous groups, - _ and PSSEA, and will facilitate comparison of terms between units. Potential TA. Page 165 of 379 City SMosal (8-201-2024) MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF EL SEGUNDO AND EL SEGUNDO CITY EMPLOYEES ASSOCIATION ARTICLE 1 - INTRODUCTION SECTION 1. Preamble This Memorandum of Understanding (hereinafter referred to as the "MOU" or the "Agreement") is made and entered into between the City of the El Segundo (hereinafter referred to as the "City" or "Employer") and the El Sequndo City Employees' Association€L SEGUNDO CITY FIMP OYFES' ASSOCIATinni hereinafter referred to as ("Association," Union" or "CEA")-and LW, pursuant to the California Government Code Section 3500 et- seq SECTION 2. Recognition Commented [LCW3]: �70mm Patent= The City heFeby ..nnf'FrRs recognizes tier Of the Association as the exclusive representative of the employees in the general employees' representation unit, which is comprised of the full-time permanent and part-time permanent non -safety employees in the City's "classified service," except Police Assistant 1/11, Police Service Officer 1/11, Crime Scene Investigator 1/11, and those classes defined as management/confidential or supervisory/professional. Appendix A Commented [LCW4]: enumerates the lob classifications represented by the Association as part of this representation — unit. The City's recognition of the Association shall not be subject to challenge except as provided under the provisions of the City's Employer -Employee Organization Relations Resolution No. 3208. The City —,and agrees to meet and confer with the Association on all matters reia#+ncfwithinte the scope of representation as they pertaining to the -said employees as authorized by the law. The City acknowledges the appropriateness of the representation unit as it is currently composed. represented by the AsSGG atien is generally desc;rihed as all f-6111 time permanent and part time permanent non safety employees On the City's "classified service," except Police Assistant 1/11, Poke Sew+se 9#Vniser Grime esene—Investigator Vnl and these Glasses definedas Empleyee Organization Rplations Resolution #3208. [This list of Glassps with 0 n the bargaining nit is attached to this MQ I as Appendix A.] SECTION 3. Conclusions Term ^'�, Ag e`: ant The paFties have met and GE)Rferred in geed faith FegaFd'Rg wages, heWs and other teFFRs and Gonditions ef employment and the benefits GORtained hereon aFe given OR GeRsideration for the the Git„ Further, it is mutually agreed that this MOU shall commence on October 1, 2023 and be effeGtive through and end on June 30, 20262027. -2- EL140\149\12560486.v4 Commented [LCW5]: Substantive change: New teen. The City proposes a 2'/a year term ending on June 20, 2026. For budgeting purposes, the City is interested in revising the terms of MOUs to conclude with the Fiscal Year. This 2026 term would align with the end dates for SPEA and the end date under consideration by PSSEA. Commented [LCW6R51: Potential TA: Parties agree on the length of the term. Commented [LCW7R5]: Page 166 of 379 City SMosal (8-201-2024) Commented ILCW81: NE)tw'thstand'R_ of this MQU, the Gity Gan meet and GeRsult with the AssE)G'at'E)R Commented [LCW9]: Non -substantive changes: Moved to Article 6. SECTION 44. Non -Discrimination The g4bLaB"sseGiatien and the City FeGGgRize and agree to preteGt the rights of all employees Commented [LCW10]: Non -substantive change: Moved to Article 5. Neither tThe City norand the Association agree that they shall not ", y discriminate against any employee because of race, color, selvage, religion, creed, national origin, ancestry, sex, gender, sexual orientation, medical condition, genetic information, marital status, IH6� mented[Lcw11]: Substantive change: Removed reference to religious opinions or affiliations_ or any other recognized protected category under the law, andical°pini°nsa"daff`liati°°s"asthisisnotaprotected shall act affirmatively to accomplish equal employment opportunities for all employees. [ctas�iifications. GernplyiRg with any final order of the Federal or State agenGY GF GGUFt Gf GGFnpeteR a+�+o cm F=musat- Commented [LCW12]: ARTICLE 2 - COMPENSATION SECTION 1. Compensation Adjustments The City shall provide the following salary increases to employees: 1.AWRetroactive to 0feGtWethe first full pay following July 1, 2024: Increase base salarV bV three percent 3.00% P-pereentr(_%) _Effective the first full pay period following Day Period that ORGl„des July 1, 20254: Increase base salary by three percent (3.00%) RGrease base sg_ia.EY _�y Prr,� -3- EL140\149\12560486.v4 Page 167 of 379 City Supposal (8-201-2024) 7 _Effective the first full Ppay P-period following +"^+ 4l„�^��'^^ July 1, 20265: Increase base salary by two percent (2.�00°/n) ° SECTION 2. Ratification Bonus The City shall provide a one-time ratification bonus in the amount of $5,05037 to each employee in the bargaining unit who is employed by the City at the time that the MOU is ratified by the Association. SECTION 32. Salary Table Step Advancement 1A. . Step n,+yaFlGemellt Bas1G SaIaa Fy SGhedvrc„ to A. —The advancement of an Rew-employee from Step A to Step B shall be on the beginning of the pay period.Rew employee's ry date WhiGh is established as the day immediately following satisfactory completion of the employee's if --first six months' service. The advancement from Step A to Step B shall result in the emDlovee receiving a new anniversary date. Advancement from Steps B to Step C, from Step C to Step D, and from Step D to Step E ^ate -shall leach occur at the beginning of the pay period during which the employee will complete one Layear of satisfactory service in the prior step, -^^" ^' ^ ^" ^'^^^' ^^+ ^^ subject to the limitations set forth in Article 2, of -Section 6-4 below, Unless the employee receives an accelerated salary step advancement, as described in Article 2, Section 4, salary step and the advancements therefrom frvrrr�^m shall be on the anniversary date of the employee's prior step advancement. Step E contemplates continued service in such classification until further advancement is indicated by reason of longevity. B. Step Advancement - Anniversary Date The City shall provide the increase in compensation associated with a step advancement at the beginning of the pay period during which the anniversary occurs. Other changes in salary shall not change the anniversary date, except for changes in liob classification) made in accordance with the Personnel Merit System Ordinance or the Personnel Rules and Regulations. The City reserves the right, at any time, and in its sole discretion, to change the range number assigned to any employee and to determine the particular step in any range number which is to be thereafter assigned to any such employee, subject to meet and confer with the Association. -4- EL 140\149\ 12560486.v4 Commented [LCW131: Substantive change: The City proposes the following COLA increases: (1) 1.5%; (2) 1.5%; and (3)1.5%; Commented [LCW14R131: The City declines to provide the requested salary increases prior to agreement on the successor MOU. The City will increase the first two (2) COLA amount from 1.5 % to 1.75%. Commented [LCW15R13]: CEA Request: CEA requests that the increase be made in the pay period that includes the dates referenced in this section. Commented [ACV16R131: City: The City proposes: (1) The City will increase each of the three (3) COLAs amounts to 1.75%. (2)Clarification that the first salary increase will not be retroactive if the adoption of the MOU occurs after September 30. (3)The City will consider the CEA proposal to include the 2nd and 3'd salary increases in the pay period that includes July 1, 2024 and 2025. Commented [LCW17R13]: City: The City proposes: (1) The City will increase each of the three (3) COLAs amounts to 2.00%. Commented [LCW18R131: Commented [LCW19]: Substantive change: The City will provide a one-time $500 ratification bonus after the MOU is adopted. The Commented [ACV20R19]: The City will increase the ratification bonus from $500 to $1,000. Commented [LCW21R191: The City will increase the ratification bonus from $1,000 to $2,000. Commented [LCW22R19]: Commented [LCW23]: Substantive change: The City will provide a one-time $500 ratification bonus after the MOU is adopted. The Commented [ACV24R23]: The City will increase the ratification bonus from $500 to $1,000. Commented [LCW25R23]: The City will increase the ratification bonus from $1,000 to $2,000. Commented [LCW26R231: Commented [ACV271: Clarified that the advancement to Step B shall result in a new anniversary date that shall be the anniversary date for employees moving forward. Commented [LCW28]: Commented [ACV291: Checked internal cross reference. Commented ILCW301: Substantive c ange: Orange me salary step advancement for administrative purposes. Commented [ACV311: Clarifying revisions. Page 168 of 379 City Supposal (8-201-2024) 7 Notwithstanding the above, an employee in a class series classification under Article 2, Section 5 shall not be assigned a new anniversary date when they are advanced from Level commented 11CW321: Checked internal cross reference. I to Level II in that same classification. C. Increases Based on Merit - Basic Salary Schedule An employee shall be eligible for advancement to a higher step on the basis of service time as described in Article 2, Section 3, Subsection B., above, and satisfactory performance of Commented IICW331: Ceecked internal cross reference. duties. An employee will be presumed to merit an increase unless their Department Head, with the concurrence of the Director of Human Resources, notifies the employee in writing no later than the end of the pay period which begins after said employee's anniversary date that the increase should be withheld, stating reasons. The reasons shall be provided to the Commented ILCW341: CEA requests to revise to the timing ofthe employee in writing. If the employee's performance subsequently improves to a satisfactory notice to the employee. level, the step increase will be granted and the date of increase will become the employee's Commented JACv35R341: City declines to revise the timing of the anniversary date. notice. SECTION 4. Accelerated Salary Step Advancement Commented ILCW361: substantive change: Changes to procedure, including recognition of `outstanding employees. Accelerated salary step advancement is intended to recognize employees whose iob Potential TA. performance is outstanding and consistently exceeds normal expectations for their current step. Prior to an employee completing one (1) year of service at their current step, a n employee whose performance is exemplary and consistently exceeds normal expectations for their current step may be eligible to receive accelerated salary step advancement to the next higher salary step, so Iona as the emDlovee has not vet reached the ton step of their salary ranae. Recommended accelerated salary increases shall be in whole percentages ranging from 1-5%. An employee may receive more than one salary step advancement, but in most cases the total ranted shall not exceed 5% in a twelve (121 month period. In order to be eligible for accelerated salary step 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. -5- EL140\149\12560486.v4 Page 169 of 379 City Supposal(8-201-2024) 7 eXGeeds expeGtR-tieRs- and. vm-rraRts appreval of part er all ef the next sa!aFy step prier to the employee's n y date The -Dorer-,ter of Human Rease'-IFGes shall submit the request aleng with a reGemmendatinn for 0 pThe accelerated salary advancement(s) shall not change the affected employee's anniversary date for purposes of determining future salary step advancement. In no case shall an employee receive compensation that exceeds the € sStep E of their respective salary fangeschedule. Section 5.2- Class Series Classifications - A. nl.,tw'thstaRr'Rg the PFGViSiGRSOf SeGtiGR 1 1, the -The following classifications listed below shall be described as class series classifications and employees in such classifications shall be paid according to one of two salary ranges assigned to each of these classifications depending on whether the employee is designated as Level I or Level II employeeelasses shall be paid at eifheF of two diff.,Fe Rt salary PaRge levels a ed to a Gh Glass: Accounts Specialist 1/11 Building Inspector 1/11 Equipment Mechanic 1/11 4. Fire Prevention Specialist 1/III 4.5. Library Clerk 1/11 SLicense Permit Specialist 1/11 6. 6-.7. Office Specialist 1/II 7-8. Park Maintenance Worker 1/11 9-.9. Public Works Inspector 1/11 -9,10. Street Maintenance Worker 1/11 4&11. Wastewater Maintenance Worker 1/11 12. Water Maintenance Worker 1/11 -6- EL 140\ 1 49\1 2560486.v4 Commented [LCW37]: Page 170 of 379 City Supposal(8-201-2024) 7 hid at either of two different cola Fy r n levels n e d ton nh Glass B. Step Advancement in Class Series Classifications In each of these classes, entry level may be made at two different work performance, skill, and assigned responsibility levels corresponding to the two different salary range levels. When entry is made at Level I, the employee shall progress through steps of the range assigned to that level in the manner described in Article 2, Section 4-43, except as noted Commented ILCw381: Checked internal cross reference. below. When entry is made at Level II, the employee shall advance through the steps of the range assigned to that level in the same manner as described in Article 2, Section 34-4. Commented ILCw391: Checked internal cross reference. C. Class Series Advancement Every person employed at Level I shall be eligible to advance to Level II without regard to the number of other employees at either of the levels or budget limitations. To assure the latter, class series positions shall be budgeted at Level II in all cases. Merit considerations, as clarified by the factors listed below, shall be the exclusive basis for advancement to Level Il. When an employee -per-semis employed at Level I, such employee may be advanced to Level II upon an evaluation aotorminat;n^n+ ^n by their Department Head and approval of the Director of Human Resources that the employee's work performance, skill development, and demonstrated ability to perform higher level duties at Level I ^ses makes h�/hertheir advancement Tto Level II to be appropriate. No employee shall be advanced to Level 11 without such an evaluation. Commented tACV40]: Addcd clarifying language. IR-makinojhe determination to advance an employee to Level II eted faGtGFS s,,,.h deterrAinat.ep shall not be made simply by a subjective evaluation of the criteria stated above but shall be made upon a finding that the employee's work performance meets specific criteria developing from the following factors, among others deemed appropriate: 4Length of service at Level I; 1. 2 Meeting minimum qualifications posted on class specifications, 2. 3Acquisition of specialized skills required of the position; 3. 4Achievement of specific job -related goals and objectives during a specified period of time; 4. 5Increased ability to work without close supervision; 5. -7- EL 140\ 1 49\1 2560486.v4 Page 171 of 379 City Supposal (8-201-2024 7 Ability to exercise increased individual judgment; 6. 7—Ability to provide leadership and guidance to less experienced employees; 7. 8—Ability to understand and properly apply departmental rules; and 8. 9. Ability to produce work which is acceptable both in terms of quality and quantity and which represents at least the average level of work produced by other Level 11 employees. In order to effectuate the advancement from Level I to Level II, the immediate supervisor shall prepare a memo for approval by the Department Head, which is sent to the Director of Human Resources, or their designee, and processed through a Personnel Action Form (TAF" ). The Director of Human Resources or their designee shall review and approve the Commented ILCW411: Substantive Change: Revised to remove PAF and authorize the employee's advancement and change in status from Level I to Level a City Manager from involvement in the process. I I. Jillltential TA. D. Compensation after Class Series Advancement Department Head and tho nironfnr of Hl IMAn ReSG Irroc MaRageF. Whenever an employee's status changes ;& YA9 f from Level I to Level II, such employee shall be compensated at the lowest rate of compensation provided for in the higher Level II salary range which exceeds by not less than five percent 5% the rate of compensation received by said employee at the time of assignment to Level II, unless otherwise ordered by the Cot Seaae+l. _While occupying a position assigned to a class series classification, an employee shall serve only one probation period. E. 3-.-Longevity Achievement on Merit —Employees to whom this Chapter -Section applies who are eligible to receive longevity pay shall receive longevity pay based upon an overall rating of "standard" or higher as determined by the employee's performance evaluation. If the employee fails to qualify for longevity pay because of failure --to have attained a "standard" or higher rating, and the employee's overall performance subsequently improves to at least a "standard" level, the longevity pay increase shall be granted upon the issuance of a satisfactory performance report. 4. Step nd aRGem Rt ARRi ,ersa1y Date _ 8 _ EL 140\149\ 12560486.v4 Page 172 of 379 City SMosal (8-201-2024) 7 SECTION 63. Payroll Direct Deposit Payroll is distributed bi-weekly (i.e., 26 times per year). The City shall electronically deposit employees' paychecks directly into a savings or checking account designated by the employee. Employees shall be responsible for providing the Finance Department with the correct transit routing and account information. it is agreed between the Gity and Ass-eniation that thp rn -Wal of the Gity and its employees that ---all ------ d empleyees utilize the G61FFeRtly available diFeGt deposit system. Frnpleyees who dG Rot desipe to utilize direGt deposit shall make their wisheS kRGWR OR WritiRg tG the Gity's Director of Human Resources, together with a statement Gf their reasons therefore. Requests feF eXGePtiGRS W this diFeGt deposit PGliGY shall not be URreaSE)Rably deRied. ADDITIONAL COMPENSATION SECTION 74. Termination Pay Upon termination of employment during a pay period, pay shall be prorated and paid for each day worked in said pay period and the terminal salary warrant shall include accrued vacation pay to the time of termination. -Rate of pay for accrued vacation at the time of termination shall be at the employee's base salary hour rate of pay and not include ERMG -9- EL 140A 149V12560486.v4 Commented tLCW421: Subs provision of pay with other barga' Ltential TA. Commented ILCW431: N reference to EPMC as obsol Potential TA. Page 173 of 379 City SMosal (8-201-2024) IA nniTIl141Al !�l111A000.1C ATIlIAI SECTION 85. Temporary Service in a Higher Classification An employees who is qualified to work in a higher classification or position shall receive an increase to their salary rate, as described below, for the duration of their assignment to and service in such classification or position under the following conditions: (1) The City requires that the employee serve for not less than ten (10) days in the higher classification or position and that the employee be responsible for performance of the work of such classification or position: and (2) The City Manager approves the employee's temporary assignment to and service in such classification or position. During such assignment, the employee shall be placed at the lowest step in the higher class or position that provides for a base salary not less than five percent (5%) above the employee's base salary. Temporary assignments shall be limited to 960 hours per fiscal year. For purposes of calculating the amount of time that an employee serves in a probationary status following promotion to a higher classification or position, the City shall recognize and credit an employee who serves in a higher classification or position during a temporary assignment with a deduction to the time that the employee must serve in a probationary status. The City shall credit the employee with the days served in the higher classification or position, and shall make a comparable reduction to the number of days that the employee must serve in a probationary status following promotion to the higher classification or position. The City will not credit the employee for any time spent on unpaid leave or extended paid leave during their temporary exceeds one week. SECTION 97. Standby Duty 4Standby duty is the time that employees, who have been released from duty, are specifically required by their supervisor to be available for return to duty when required by the City. During standby duty, employees are not required to remain at their City work station or any 10- EL140\149\12560486.v4 Commented [LCW44]: Substantive Change: Revised to clarify process, including credit against probation. This term aligns with the term to which SPEA agreed and that PSSEA has TAU Commented [ACV45R44]: CEA Request: CEA requests that the service period in the higher classification be reduced to five (5) days or that the 10 day period be cumulative not consecutive. Commented [ACV46R44]: The City declines the requested reduction in the number of days required in order to receive increased pay for service in a higher classification. The City maintains its proposal to credit individuals with time in a probationary status if promoted to such higher classification. Commented [LCW47]: Non -substantive change: Moved to Article 6. Commented [LCW48R47]: - Page 174 of 379 City SMosal (8-201-2024) other specified location. Standby duty employees are free to engage in personal business and activities. HoweuerThe City requires that -standby duty employees adhere to the followingfequ*ea-trhrat employees'. 1. Be reachable by cellular phone or other device. The City may, in its discretion, provide a cellular phone or other device to an assigned standby duty employee for purposes of responding to requests to return to duty. 1. . A. Be ready to respond immediately. 2. B. BeTeachable by Pagiag deVGe OF tele eThe Gity FRay, OR its d;ssr tie 2. S. Be able to report to work within one (1) hour of notification. 3. 3. B. Refrain from activities which might impair their ability to perform assigned duties. This includes, but is not limited to, abstaining from the consumption of any alcoholic beverage and the use of any illegal drug or incapacitating medication. 4. 4. F. Respond to any call back during the assigned standby assigned standby period. As with any City equipment, any device assigned to an employee is the responsibility of the employee during the standby assignment. The employee is liable for any loss of or damage to the device which is caused by the employee's negligence or intentional acts. duty. 5. 2. As ,.,i+h ., ri+., equipment, ., paging ou„lor rlo.,i o assigned + e leyee is the Fe �'lity +h sta dby levee dUir tandby ^i�r _ *^ter-o,--�„� ;�3�z� Apr assignMeRt. The empleyee is liable for less or damage to the pagiRg roll„ lar d8VOG8 Whioh is Gaused by the 0 pleyee's n olig(E)R .o e iRtBlItienRl o..+s 3. Failure of an employee to comply with the provisions of standby duty may subject the employee to discipline, up to and including termination of employment with the City. 4. For each assigned period of standby duty employees shall be provided two (2) hours of pay per_ day. 5Employees recalled to duty shall receive a minimum of four (4) hours of recall pay at time and one-half heir regular rate of pay as provided under VArticle 2, Section 10.] &.—An employee who uses sick leave or vacation leave during a standby period_,occurring OR r after, C)Gtabel: 15, 2000 shall not be provided any form of compensation for the standby period other than the compensation for the sick leave or vacation, unless the employee's department head approves, in writing, the provision of the normal standby period compensation. -11- EL 140\149\ 12560486.v4 Commented [ACV491: CEA requests the following: 11) The City increase standby pay to 6 hours per regularly scheduled day and 12 hours for non-scheduled days. (2) The City provide standby pay as either pay or compensatory time. (3)The City provide standby pay at one and one halftime on holidays. CEA notes that standby duty affects recall duty. Commented [LCW50R491: The City declines to provide the requested increases to standby pay. Commented JACV511: Substantive change: Recall time is paid at regular rate. Note: This proposal is part of package proposal to increase vacation time accruals. Commented [LCW52R511: The City withdraws its proposal to reduce the rate of pay for recall time. Commented [LCW531: Potential TA. Commented lACV541: Potential TA. Page 175 of 379 City SMosal (8-201-2024) SECTION 10. Recall Time Emplovees who are reauired by their supervisor to return to a desianated worksite other than during the employee's regularly scheduled hours of work and at a time not bontiguousl with said I Commented[ACV55I: CEA has an issue with the use of the word regularly scheduled hours of work, shall be provided a minimum of four (4) hours work time credit l contiguous. at one and one half (1 '/z) times the employee's their -regular rate of pay. Commented [ACv56R551: City: Moved this section to be located adjacent to the section concerning standby duty at Section 9. Prescheduled overtime does not constitute recall time. The City declines to remove the word contiguous because it provides important clarification concerning entitlement to such pay and that SECTION 1018. Night Shift Differential Pay the employee need to return to work, not just continue working. Commented [LCW571: Substantive change: Recall time is paid at 4 Shift Doff�.r-E Dof+ +�^I regular rate. eremployees shall be entitled to night shift differential pay of ninety cents ($.90) per hour for each of the Hof hours worked during their regularly scheduled shift when Note: This proposal is part ofpackage proposal to increase vacation a minimum of four (4) hours are scheduled of ^^ employee's SGheduled shift E)GGurs between the time accruals. hours of 5:00_p.m. and 6:00.a.m. Commented [LCW58R571: The City withdraws its proposal to reduce the rate of pay for recall time. Employees who work overtime shall not be entitled to shift differential pay for hours in which they Commented [LCW591: receive overtime pay. SECTION 0142. Uniforms, Boots and Uniform "...;<.ontena„se—Allowances--a-nd Commented [ACV601: City: Reconciled section of current and ------ --------- --------- --------- --------- --------- --------- operative MOU with City practice. The City shall p vide for ay -uniforms, clothing, and safety shoes and boots ^^rsennel equipment ^slow nne^ as follows: GA. Uniforms: The City provides uniforms to employees in the following classifications: 1. Buildina Inspector 1/II 2. Custodian: 3. Equipment Mechanic 1/11; 4. Facilities Systems Mechanic; 5. Fire Prevention Specialist 1/II; 6. Maintenance Worker 1/11; 7. Meter Reader/Repairer; 12- r.L 140A 149VI 2560486.v4 ---- Comment[LCW611: Non -substantive change: Converted annual 1payment to ped ay period. J \ Commented [ACV62R61]: CEA Request: CEA requests that the pay be provided once annually, not by pay period and that the City provide either a voucher or a reimbursement to the emplpyee. Commented [LCW63R611: - - Commented CW64 Page 176 of 379 City SMosal (8-201-2024) 8. Park Facilities Maintenance Technician; 9. Park Maintenance Worker 1/II; 10. Pool Technician; 11. Senior Equipment -Mechanic; 12. Senior Park Maintenance Worker; Equipment Mechanic Inl 13. Street Maintenance Leadworker; 14. Tree Maintenance Worker; 15. Wastewater Maintenance Leadworker; and 16. Water Maintenance Leadworker; PelTeshm+e+a; i:, aad The City shall replace have -unserviceable uniforms replaGed by the Gity by means of the replacement policies and procedures applicable to sworn uniformed City police personnel. Sa-47he replacement of unserviceable uniforms will not count against theanv mall -be- n n add+tieateaay-uniform maintenance allowance paid to eligible affeGte' employees. CDC. Uniform Allowance: Employees in the Fire Prevention Specialist 1/11 classifications shall receive a uniform allowance in the amount of $240 per year for each year of active duty service in such classification. In the event that the City provides such employees a uniform allowance and the employees are considered "classic" members of PERS, the City shall report to PERS the monetary value of the uniform allowance. D. Rain Gear: The City shall provide rain gear for employees in the Building Inspectors 1/II classification. €ED. ISafety Shoes and Boots: Oe City aPA—shall rovide as re -tax annual allowance for the purchase of safety shoes or boots in aR the amount ofJ11111M to employees in the following classifications not to eXGeed $ 180 00 (effective MaFGh 20 2019)(pre tax) per 12 month r ed fer these ORGI id- a'S that the City requiresd by the City to wear safety shoes or boots:. 13- F.L 140A 149`. 12560486.v4 Commented [ACV651: CEA requests that rain gear be provided to all personnel under Subsection F of this section. Commented [ACV66R651: The City will present such request to Council for their consideration and direction. Commented [LCW671: The City will increase the boot allowance from $180 to $200 for employees in those classifications who are required by the City/superseding workplace safety standards to wear such footwear. Commented [LCW68R671: CEA requests that all covered employees receive $220. Commented 1LCW69R671: The City will present such request to Council for their consideration and direction. Commented [ACV70R671: Page 177 of 379 City Supposal (8-201-2024) 7 1. Building Inspector 1/11; 2. Equipment Mechanic 1/11; 3. Facilities Systems Mechanic; 4. Fire Prevention Specialist 1/11; 5. Maintenance Worker I/11; 6. Meter Reader/Repairer; 7. Park Facilities Maintenance Technician; 8. Park Maintenance Worker 1/11; 9. Pool Technician; 10. Senior Equipment Mechanic; 11. Street Maintenance Leadworker 12. Street Maintenance Worker 1/11; 13. Tree Maintenance Worker; 14. Wastewater Maintenance Worker 1/11; 15. Wastewater Maintenance Leadworker; 16. Water Maintenance Worker 1/11; and —Water Maintenance Leadworker, aad 17. The Citv will report to PERS the monetary value of the safetv shoe or boot allowance E The City shall contract with a vendor for provision of said safety shoes or boots. and 4heCovered afffeGted employees shall be required to obtain the shoes from said the contracted vendor, unless it ^ ^ be dernORstrated to the safisf^^+O^" of the employee's d^^ TDepartment head -Head determines that the vendor does not have feetweaFthe safety shoes or boots necessary for ` 4eh is „^nble h., the employee to perform their mob safely. Covered employees may use their safety shoe and boot allowance to purchase safety shoes or boots from the approved vendor. 14- EL 140\149\ 12560486.v4 Page 178 of 379 City SMosal (8-291-2024) Upon receipt of written authorization from the '^^ Department head Head ,a -do^ &^, the -an employee who is unable to procure the necessary safety shoes or boots in order to perform their iob safely may'^ sue" ^^se purchase safety shoes or boots at a location of his/hertheir choice, subject to the maximum $2004-99.00 (^"eGtive MaFGh 20 2019) pre-tax limit City contribution. The City shall not unreasonably deny a Rrequests for an additional safety shoe or boot allowance when if a covered employee's ^" indi id-Haks havesafety shoes or boots are damaged or worn to the point of being unusable or unsafe. OF damaged safety shoes shall net h^ -wreaseRably denied. If the City denies the request for an additional safety shoe or boot allowance is denied, City shall provide the reason for such denial shah be pfevfded-in writing to the employee. - Commented [ACV711: Revised for clarity. SECTION 13202. Educational Incentive Pavl Eligible employees shall be entitled to receive educational incentive pay as described below. The eduGatoonal ORGeRt'Ve shall be as shOWR below and shall be paid at the same times and thp same manner as base salary. EdUGatienal *RGentive pay is reperted as Gernpensatien to PERS. (Re. ed QGtober 2011) A Ed-wa+inn Doi. In order to qualify for educational incentive pay an employee must satisfy the following conditions: Eligibility for e&Gatienal in entiv^ pay s limited to these employees wh ) 1 Hired before May 10, 2017: (2a) ape-wWork+4g in a job classification that does not require a bachelor's degree or higher degree to qualify for the classification,- and (32b) were awafdedReceive a bachelor's degree or higher degree from an accredited college or university ,, ^^' e ^rded �, -^" deg Fee in one faof the following majors. a public administration, (b) business administration, f1engineering, or f41otherjob-related major, which had been approved by the �'^^�e^r,rDepartment headHead, in writing, prior to admission of the specific employee into that major. Job Classifications Occupying Salary Grades 11-19: 101.37249:64/pay periodlneRth Job Classifications Occupying Salary Grades 20-29: $129.77-294-.C}/2ay penodwef# Job Classifications Occupying Salary Grades 30-39: ----$154.25-334._�/2ay perioda4enthl If, during the term of this MOU,Agfeement the City assigns a job classification is assigned a salary grade higher than 39, the flat dollar menthly-per pay period amount of education incentive pay for 15- EL 140\149\12560486.v4 ---- Commented [ACV721: CEA requests that all employees be able to l receive educational incentive pay. Commented [ACV73R721: The City declines to expand the scope of educational incentive pay to allow all employees to receive such pay. Commented iLCW741: W-pensation. rptential TA. Commented CW75: Page 179 of 379 City SMosal (8-201-2024) the employee in the classification shall be equivalent to five percent (5%) of the base salary of Step E of the salary grade, Emnleyeen hired) GR or .afro. May 102017 ohall not be eligible for Education Pay. The City shall report educational incentive pay to PERS. ISection 1433.9— Certification Pa Co. Commented [LCW761: CEA requests that employees in all CEA -------------< represented classifications receive certification pay. Employees in the following job classifications shall be eligible nNNed-to receive certification pay Commented[ACv77R761:The City deehnestoprovide for obtaining and maintaining a certification above the level required by the City as provided for eerft cation pay to employees in all CEA classification. in the relevant classification specification and approvedl, in writing, by the employee's Department Head: - cnmmented [LCW781: subs �artmcut Head must approve the certificatio 11110 4—Meter Reader/Repairer;- W alTA. 1. 2. Street Maintenance Leadworker; 3. Tree Maintenance Workeri 4. Wastewater Maintenance Leadworker- 5. Wastewater Maintenance Worker Ili 6. Water Maintenance Leadworkerand Water Maintenance Worker II 7. Job Classifications Occupying Salary Grades 11-19: $101.37/pay period 644nanth $ 219 Job Classifications Occupying Salary Grades 20-29: $129.77/pay period 16/month $ 291 Job Classifications Occupying Salary Grades 30-39: $154.25/pay period 334 71 /mnnth Commented ILCW791: Non-su amounts on a per pay period basil Eligible oertifiogtinn(s) will be determined) by the e nleyee's Department rVred•ter. PojoofiTA. If. during the term of this AgFeerne A-MOU, the City assigns a job classification is assigned a salary grade higher than 39, the flat dollar monthly -per pay period amount of certification pay for the employee shall be equivalent to five percent (5%) of the base salary of €Step E of the salary grade. Commented [LCW801: CEA requests that all employees be able to receive longevity pay and that the City add a fier for employees with SECTION 15414. Longevity Pay 20 years of experience. -- - -- Commented [ACV81R801: The City declines to expand the eligibility requirements for longevity pay or to increase the longevity pay amounts. 16- F.L 140\149\12560486.v4 Page 180 of 379 City SMosal (8-201-2024) FffPAt0ve Orfeher 1 2005 eThe City shall provide longevity pay to full-time employees hired before Mav 10, 2017 based on their years' offull- time service with the City- as follows^' �: Job Classifications Occupying Salary Grades 11-19: Completion of 5 years of service_ ep riodh Completion of 10 years of service ep riodmonth Completion of 15 years of service ep riodmoeth Job Classifications Occupying Salary Grades 20-29: Completion of 5 years of service ep riodmonth Completion of 1-0 years of service ep riodmonth Completion of 15 years of service month Job Classifications Occupying Salary Grades 30-39: Completion of 5 years of service ep riodmonth Completion of 1 0 years of service went# Completion of 15 years of service ep riodmonth $20.28 43.93/pay $40.55 87.86/paay $69.82 ," 79/p_ay $25.95 56.23 —/pay $51.90 11 `' ^6/p_ay $-77.876468.69—/pay period $ 30.8566-84/pay $61.70_1-968/2ay period $92.55 200 G3/pay If, during the term of this A--MOU, the City assigns a job classification i Egr era salary grade higher than 39, the flat dollar monthly per pay period amount of longevity pay for the employee shall be equivalent to one percent (1%) of the base salary €of -Step E of the salary grade for five (5) years' of service; two percent (2%) of the base salary of €Step E of the salary grade for ten (10) years' of service; and three percent (3%) of the base salary €of Step E of the salary grade for fifteen (15) years' of service. Permanent part-time employees hired before May 10, 2017 will receive longevity pay based on their years' service with the City, whether in a full- or part-time capacity, and their regular biweeklv schedule proportionate to a full-time schedule of 8040 hours every two per-weeks.l The City shall report ILongevity €pay is repepted as een4pep6atbpto PERS. (Revised QGteber 204 4) 0 aFROURts pliGable to p eRt fill time employees. Employees hired OR after May 10 2017 a of eligible for longevity , SECTION 1652-5. License Pay 17- EL 140\1 49\1 2560486.v4 _ Commented [LCW82 1: Substantive change: Longevi `time employees is based on full-time service. I�tential TA. Commented [LCW831: Non -substantive change: Converted toper W period amounts. Potential TA. Commented [LCW841: Substantive chap agevity pay on a proportionate basis.. Potential TA. Page 181 of 379 City SMosal (8-201-2024) A. The City shall provide license pay in the amount of $34.62 per pay periods to €employees in the following job classifications shall be eRtitled to ^ $75 per meRth s_tOeF1' for obtaining and maintaining the Class A California Driver's License required on the City Council approved class specification: 1 Equipment Mechanic Iland 1. 2 F��Senior Equipment Mechanic B. The City shall provide license pay in the amount of $23.08 per pay period �o e€mployees in the following job classifications shalt be eRtitled to ^ $60 per meR �for obtaining and maintaining the Class B California Driver's License required on the City Council approved class specification: 4Street Maintenance Leadworker; 1. 2 Street Maintenance Worker II; 2. 3. Tree Maintenance Worker, 3. 4. Wastewater Maintenance Leadworker, 5. Wastewater Maintenance Worker II, 6. Water Maintenance Leadworker; and r 7. Water Maintenance Worker II Commented [LCW851: Non -substantive change: Converted amounts on a per pay period basis. To do: Substantive change: Revise to incorporate into base salary. Commented [ACV86R85[: City: The City proposes to remove license pay from MOU and add to base salary for employees in these classifications. Commented [LCW87R85]: Commented JACV881: City: Revised to replace reference to Fire Equipment Mechanic with Senior Equipment Mechanic. Commented ILCW891: Non -substantive change: Converted amounts on a per pay period basis. To do: Substantive change: Revise to incorporate into base salary. Commented [ACV90R891: City: The City proposes to remove license pay from MOU and add to base salary for employees in these classifications. Commented [LCW91R89]: C. The City shall provide license pay in the amount of $23.08 per pay period �o €employees in Commented [LCW92]: N° the following iob classifications who voluntarily obtain and maintain a Class B California 111,06 ts°naperpayperi° Driver's License: MLtial TA. 1. Park Maintenance Worker 11; 2. Facilities Systems Mechanic; and 3. Equipment Mechanic I These employees of Park Ma RteRaRG8 It k Worer , PaGilities Systems McGhaR„i^ and Equipment MeGhaniG I who VOIURtaFily obtain and maintain a Glass B GalifGFRia Diciveic's Lieease shall also be eRtitled to the $50 ^ E)Rth stipe^a Rd shall be subject to all Department of Transportation requirements applicable to the possession of such license. 18- 8L 140A 149V1 2560486.v4 Page 182 of 379 City Supposal (8-201-2024) 7 SECTION 167. Bilingual Pay An employee who demonstrates conversational and written fluency in a language other than English that is approved by their Department Head and who is assigned duties in which such language skills are regularly used shall be entitled to bilingual pay as described below. In order to determine the employee's proficiency in the language, the City will utilize a standardized, industry -accepted test (e.g., Berlitz, Inc.). Following the employee's submission of documentation to their Department Head that they are qualified to receive bilingual pay, the City will provide the employee such pay starting the next full pay period after the Department Head certifies that the employee is qualified to receive such pay. In the event that the Department Head does not certify the employee's qualification to receive such pay in order for the employee to receive such pay the next full pay period, the City will provide the employee retroactive pay to the first full pay period following the employee's submission of documentation to their Department Head that they are qualified to receive such pay. The City will provide bilingual pay at the rate $73.40 per pay period. WORK SCHEDULES SECTION 187-M. Assignment of Work Schedules LA4. Other than employees who work at the Library, who are a-s-discussed in Article 2, Section 1798-below, employees shall work a 9/80 Wwork sSchedule, unless they have agreed to an Alternative Work Schedule, as set forth at Article 2, Section 21.— Employees assigned to a 9/80 work schedule shall work eight (8) nine (9) hour days and one (1) eight (8) hour day every two weeks according to their assigned shift as described below. B. IA Department Head may assign employees in their Department to one (1) of two (2) schedules: (1) "A"; or (2) "B". Employees assigned to the "A" and "B" schedules work a 9/80 schedule, with employees assigned to the "A" schedule working four (4) nine (9) hour shifts Monday through Thursday and one (1) eight (8) hour shift Friday and taking the next Friday off, and employees assigned to the "B" schedule working four (4) nine (9) hour shifts Monday through Thursday and one (1) eight (8) hour shift on the Friday that the employees assigned to the "A" schedule take off, and taking off the Friday that the employees assigned to the "A" schedule work. I 19- EL 140\149\ 12560486.v4 Commented ILCW931: The City is willing to consider whether the Association's bilingual pay proposal is appropriate for employees represented by the Association. The City will respond after discussing further internally. Commented ILCW94R931: Commented JACV951: Added bilingual pay rate. Commented ILCW961: Checked internal cross-reference. Commented JLCW971: Non -substantive change: Consistent with existing practice, employees other than non -Library employees will work a 9/80 schedule. Commented IACV98R971: The City is willing to consider the Association's proposal for a 4/10 schedule as an Alternative Work Scheduled, subject to the requirements and limitations thereunder, as set forth in Section 21. Commented [LCW99R971: Commented IACV1001: Clarifying changes. Page 183 of 379 City SMosal (8-201-2024) SECTION 1987. Assignment of Work Periods and Schedules for Library Employees) A.4. Work Periods and GAF YR-Peried---In accordance with the FLSA 7(b) exemption, the City shall assign 'er— em to ees in the following classifications who work at the Library shall be ass'gned to a 52-week work period: 1. Senior Library Assistant; 2. Library Assistant; and Library Clerk I/Il=aad 3. 6ibraw Slerk 4 B. Guaranteed Hours —The City will guarantee employees in such classifications a minimum of 1,840 hours per year. C. Maximum Permissible Hours —Employees working under this exemption may not work in excess of 2,240 hours in a 52- week period. D. Overtime —The City will pay any such employee overtime in the event that the employee works more than twelve (12) hours per day, fifty-six (56) hours per week, or 2,080 hours per year. E. Assignment of Work Schedules —The Department will assign employees in such classifications assiaaed *^•' erg; ;a n.d ,. pk_pnd hn, rc. hagpd n thn c.tAWRn n pd,; of thn day.Instead-,,Ins�to a rotating teal- ti�work nh onrlule far thnc.n n AWApn ..on n Q.Arataton- �. basis-accordina to the needs of the Ddepartment nppds. 20 - EL 140\1 49\ 1 2560486.v4 Commented [LC W 101 [: N City practice. \ Commented [ACV102R101]: Page 184 of 379 City SMosal (8-201-2024) nl, ,.Minn +hn rl..rrifin^finny of Cnninr I ihr^r., Arrir+^n+ I ihr.. r., Arrir4^n4 I ih.-n.-„ !`In�L II and Library Glerk 1\ Inn nrdanre with the 7/h\ n nfien nievees worLina in the I 'bran, we�L nL n n.J In the event the Library hours of operation are changed during the term of this Agreement. the parties agree to meet and confer for purposes of reviewing the work schedule and making the necessary modifications to ensure the operational needs of the Department are met.l Library Administration will not modify the current work schedule until at least 30 days has elapsed from the beginning of meetings with Library employees. Once the 30 day time period has elapsed or sooner if the parties reach an agreement regarding scheduling. the Library Administration may modify the work schedule by providing reasonable advance notice of any changes to employees' work schedules. SECTION 20. Reduced Work Schedules An employee may request to work a reduced work schedule, subject to the approval of the employee's Department Head and the City Manager. Ff'^n+^v^ +"^ firr+ ,^., ,e�r+char 2017, employees On this bargaining unit shall eperate en a 9/80 WGFk GGhedule. Employees shall typ'Gally be assigned a Monday through Friday MO SGhedule. The Gity and ERGE.A. .A.ssonna-two.n. agree that empleyees may be assigned iRte an "A" and "B" tearn by their respeGtive Department Heads, that "A" and "B" tearnswork opposite Fridays and have opposite Fridays off. City shall provide employees with ninety (90) days' netiGe of a Ghange their assigned Dian In no event shall the The -reduced work schedule wppkwcck ;hallbe for Mess than thirty-six (36) hours per week and Mess than nine (9) hours per day. The following conditions aDDlv:2.RedUGed `^'�rLweek SGhedu;e—Depam^eaHeads ^ d the Gity Manager, 'R their diGGFetiOR, FRay allow employees to work a redur-,ed v.ge.rkvAQ*Ql(_ qr,.hRQd,,lLQ, ThQ 1.a—_Employees must submit their request in writing to the Department Head 2. The Department Head will evaluate the rb- Request, ,^.,II he eval„n+^ + in order to determine if the reduced work schedule would present any burden or hardship to the Department, its operations, and the services it provides; 21- eL 140\ 149\12560486.v4 Commented [LCW103]: Page 185 of 379 City SMosal (8-201-2024) 3. The Department Head will notify the employee whether the request is approved or denied. 4. elf approved, the Department Head may rerequests may be —evaluated the reduced work schedule arrangement at any time. At a minimum, the Department Head will ^+ ^ ,, +; ^ "„+ ^* reevaluate the reduced work schedule arrangement less than once annually_ d, lyd^^ the budget ^y^'^ in order to determine whether to continue the if the arrangement ^^^^+^�. 5. 4-.-Upon written notice, the reduced workweek schedule may be terminated by either party. In the event that the arrangement is terminated, the party terminating the arrangement will provide notice of at least edVA- PGe RGAG^ iR the form f One pay period w^" be required. The employee shall then convert to a 194/4080 work schedule, consistent with the regular work schedule for hours of employees in that Commented [ACv1041: City: Should the City agree to a4/10 nth e bargaining unit. AwS, the City would propose that this language be maintained as the 4/10 would be an AWS. 6.e-_Employees working a reduced workweek shall suffer no loss in benefits, to the extent allowed, and will have their pay reduced to reflect the reduction in work hours. 7. f-Reduced work hours "start' and "end" times shall be set by the Department Head or City Manager according to the needs of the department. commented cw>051: 22 - EL 140\ 149\1 2560486.v4 Page 186 of 379 City Supposal (8-201-2024) 7 SECTION 42105. Alternative Work Schedules The CitV will provide employees in the bargaining unit a 4/10 work schedule as an Alternative Work Schedule, subject to the following conditions. If the -an employee requests. change in to -their -work schedule from their regular word schedule (i.e., a 9/80 work schedule) to an Alternative Work Schedule, the Department Head and employee may mutually agree to such t#e-a change The Department Head or the employee may terminate the Alternative Work Schedule arrangement without approval by the other party. In the event of the termination of the Alternative Work Schedule, the party terminating the Alternative Work Schedule shall provide the other party not less than two (2) weeks' notice of such termination. The employee, whether partV terminating the Alternative Work Schedule or otherwise, shall revert back to their regular work schedule (i.e., a 9/80 work schedule) on the date set forth in the notice of the termination of the Alternative Work Schedule. SECTION 221916. treak Rest and Lunch PeriodsRelislr With the exception of certain "field classifications," as defined herein, employees shall be provided a fifteen (15) minute rest Deriod near the mid-Doint ofevery four (4) hours of scheduled work. -1,94 -Field classifications" include mob classifications (generally inGluding employees in with -the Divisions of Parks, Streets, Water and Wastewater. Employees in such classifications shall be provided eae a (}thirty (30) minute rest period near the mid -point of every four (4) hours of scheduled work. For such employees the rest period shall include the break to be taken near the id point of the first four heurs ef the ernpleyees regularly Scheduled ... sliil - ... _1 - - "fk;s-airtime required to secure the work site, to travel to and from any rest -break location, and to reconvene at the work locations at the conclusion of the rest ep riod.-break. All reinnainiRg employees shall be previded a fifteen (!5) minute res-t-hreak neaF the FRidpeint of every four hoLiFs of SGheduled work. IR order to eRsLiFe that SUGh affeGted employees are pFepared employees are enGOLIFaged to take their break withiR the buildiRg where they are Fegularly As r aFds lun^h breaks. all ^#,,, ted ^Employees are ^^hadled fefshall be provided either a thirty (30) or sixty (60) minute lunch break depending upon the employee's work assignment. 23 - EL 140\149\1 2560486.v4 Commented [ACV1061: CEA requests to remove authority of Department Head to set the schedule. Commented [ACV107R1061: The City is willing to consider the following language if the City agrees to a 4/10 work schedule. If an employee requests a change to their regular schedule (i.e., a 9180 work schedule), as set forth in Article 2, Section 18, to an Alternative Work Schedule, such as a 4/10 work schedule, the Department Head and employee may mutually agree to such a change. The Department Head or the employee may terminate the Alternative Work Schedule arrangement without approval by the other party. In the event of the termination of the Alternative Work Schedule, the party terminating the Alternative Work Schedule shall provide not less than two (2) weeks' notice of such change back to the employee's regular schedule. Commented [LCW108R1061: `Ci� edu If an employee requests a change to their regular schedule (i.e., a 9/80 work schedule), as set forth in Article 2, Section 18, to an Alternative Work Schedule, such as a 4/10 work schedule, the Department Head and employee may mutual@ agree to such The Departm Alternative W the other party. In the event of the termination of the Alternativ Schedule, the party terminating the Alternative shall provide not less than two (2) weeks' notice Commented [ACV 1091: CEA requests to remove authority of Department Head to set the schedule. Commented [ACV110R1091: The City is willing to consider the following language if the City agrees to a 4/10 work schedule. If an employee requests a change to their regular schedule (i.e., a 9/80 work schedule), as set forth in Article 2, Section 18, to an Alternative Work Schedule, such as a 4/10 work schedule, the Department Head and employee may mutually agree to such a change. The Department Head or the employee may terminate the Alternative Work Schedule arrangement without approval by the other party. In the event of the termination of the Alternative Work Schedule, the party terminating the Alternative Work Schedule shall provide not less than two (2) weeks' notice of such change back to the employee's regular schedule. A Department Head may assign employees who are on a 4110 schedule in their Department to one (1) of two (2) schedules: (1) "A"; or (2) "B„ Employees assigned to the "A" schedule work four (4) 10 hour shifts Monday through Thursday. Employees assigned to the Commented CW111R1091: Page 187 of 379 City SLIppOSA (8-201-2024) Such scheduling shall be in accord with pre-existing City practices and procedures. An employee's failure to utilize a rest or lunch period does not authorize the employee to engage in the following conduct: (1) Accumulate or "bank" unused rest time; (2) Conclude their regularly scheduled work shift at a time earlier than the scheduled end of such shift; or (3) Extend a rest or lunch period beyond the time limits prescribed by this Section. However, where the employee's supervisor requires that the employee not take a rest or lunch period because of the need to provide services to the City, such work shall be compensated in accordance with this MOU, City Rules and Regulations and other applicable statutory requirements. In such circumstances, the employee's supervisor may authorize the employee to end their work day early so that the hours actually worked does not exceed their regular daily work hours. In order for employees to end their work day early, they must be required to work during a rest or lunch period and receive authorization to leave early by their supervisor.) Failure by aRy employee to utilize a rest OF ILIFIGh break shall RGt result lR aRy aGGUML1lati0R Or E)theF "baRkiRg" of said WRused time, RE)F shall SUGh failuFe result iR GORGIUSiOR E)f the employees' Fegu!aF!y SGheduled shift at a time eaFlieF thaR sGheduled ReF shall aRy WRUsed bFeak time be additiGRal waFk tirRe shall be GE)FRPBRSated iR aGGE)Fd with this MQU, City Rules and RegUlatk)RG The consumption of food ^.r ether refreshmpn's at times other than during rest and lunch breaks is discouraged. This break policy shall be implemented by all supervisory and management personnel and shall prevail over any inconsistent City or Department policy, written or otherwise. OVERTIME SECTION 2234-7. Overtime Compensation A. With the exception of Library employees, 1. Overtime GaIsul^fign An eemployees in this bargaining unit shall be entitled to overtime pay -at the rate of one and one-half (1 ''/2) times their regular rate of pay for all hours worked in excess of who is required to work more the-M forty (40) hours in a 4, �•in^ aAy give^ seven (7) day work week as defined in Subsection B., below. B. IFor FLSA purposes, the City establishes the following workweeks for non -Library employees in this bargaining unit as described in Article 2, Section 1718: For employees who are assigned to a 9/80 work schedule, the workweek shall begin four (4) hours into the eight (8) hour shift that they are scheduled to work such that no consecutive seven (7) day period shall exceed forty (40) hours.) For employees who are assigned to a 4/10 Alternative Work Schedule, the workweek shall begin 9Ft-prior to the employee's first shift of the workweek, either Monday or Tuesday, and shall end one week from that time. C. For purposes of calculating overtime pay, the City will include holiday leave as time worked. 24 - EL140\149\12560486.v4 Commented ILCW1121: Commented [LCW113]: Checked internal cross-reference. Commented [ACV 1141: City: Propose the following language if a 4/10 schedule is agreed to: "For employees who are assigned to a 4/10 work schedule, the workweek shall begin prior to the commencement of the first shift in the workweek and end seven (7) days later." Page 188 of 379 City SMosal (8-201-2024) D. The City will not consider the following non -working time as time worked for purposes of calculating overtime: 1 . -hall he ^ sated at the rate of one and one half times hip./her r u filar rate of nay. The Git.. fnr ^,goose^ of naIG sl Ila+inn overtime nay, will in^Lie holiday leave as tome WOFI(ed Sick leave; 2.-vyacation leave- and 4-3. -GCompensatory leave. will not he ^ sidered as time worked for purposes of SECTION 234. Overtime Authorization Employees must receive supervisory approval prior to working overtime. SECTION 245. Overtime Distribution The City shall assign overtime work as equitably as possible among all qualified employees in the same classification in the same organizational unit. However, in the assignment of overtime, management may consider special skills necessary in order to perform the particular assignment. To the extent practicable, the City shall assign overtime work to employees who volunteer for such work. SECTION 256. Compensatory Timel 2. Compensatory Time Empleyees may substitute Gempensatery tome for 9vertime pay appreved by their department Head a^ felieyis: A. _�&n employee Gar -may accumulate aaafatain t #eno more thar eighty (80) hours of accrued compensatory oo,erfirne time off ("CTO"). B. Requests for the use of CTO by the employee shall be granted within a reasonable period of time followina the reauest and shall not be denied unless the reauest would undulv disruDt the City's operational needs The_emnlovee o n to fort., /4M he of nnrnnLQnsAtOPg time at a e time at a ne time, and Garry ever unused time from year to year approval of their Department He^ t 3D. - Employees may cash-out+a accrued CTO compensator!, tome -as it is accrued by notifying the payroll division of their intent to do so. CTO will be cashed out at the employee's current base rate of pay. Payroll will provide the employee the requested cash out as soon as practicable.^^^^ per ^alendar „ear at the empleyee'S ^ ept base salaFy h0ur rate of pay, and EPMG shall Ret apply, by FlOtifyiRg the payroll diViSiGR G their intent to de se ne lateF thaR Nevernber 20th. Payment to the employees win be made 25 - EL 140\1 49\1 2560486.v4 Commented iLCW 1151: Non -substantive change: revised ObLlibrary employees are subject to different overtime Commented [LCW1161: CEA requests that vacation leave and compensatory leave count towards working time for purpose of calculating overtime. Commented [ACV117R1161: The City declines to consider time spent on vacation or compensatory time to be time worked for purposes of calculating overtime. The City will continue to treat holiday leave as time worked for overtime calculation purposes. Commented [LCW118R1161: The City will discuss with Council CEA's Proposal to include vacation and compensatory time off as time worked for overtime purposes. Commented 1LCW1191: Substantive Mroval prior to overtime work. Wtial TA. Commented [LCW120]: N MLfy overtirnAlllllllllllllllllllll�liojfi Commented [LCW1211: CEA requests that the City allow CTO cash -outs twice annually. Commented ILCW122R1211: Revised to allo� out CTO as it is accrued, not only once annuall-A Potential TA —snore generpyglhan reyyg� Commented [ACV1231: CEA requests that the City increase the CTO maximum from 80 to 100 hours. Commented [ACV 124R1231: The City will inform the Council of the CEA proposal on this subject. Commented ILCW1251: change. Revised rissive manner to replace the prior language: "The employe y use comper conjunction with now[ ation time I of their Departr� llllllllllllllllllllllllll�TA Commented ILCW126: Commented [LCW1271: Non -substantive change: Removed as unnecessary. Commented [LCW128R1271: — Page 189 of 379 City SMosal (8-201-2024) 5. RegF,la, Rate of ay RegulaF ogre of Pay is defined On 29 rro�Q 108 et seq. The definition used in this Resolution is for general reference and does not override the this Resolution, the "regular rate of pay" is the total iRGIusive compensation paid to OF an behalf of the employee except gifts, travel expenses, other reiMbWsable eXpenses, payments not mandated by the former MOU or other rulesiregulations, FetiFeFnent and M nsurance contributions by the City, overtime and holiday pay. These aFe eXaMples oRI and not lintended to be an all inGlusive definition of the "regular rate of pay." AppliGable statutesicase law shall prevail over any definitions inconsistent with statutesicase law. SECTION 27. Reimbursable Overtime for Inspection Events6. Rem mbursab Oyefth7ae Outside Regularly Scheduled Hours of Work s Not Subje Gt to the Paid Leave ^ EXGI Uo n Above A. Definitions a pesesef�ihis AgFeo�+ ^ "Inspection Event" is -means defined as any inspection requested by a third --party consumer to be performed outside of the Fire Department or Planning and B '' +'^^Community Development Department's regularly scheduled hours. A single Inspection Event may include inspection of multiple more than one items perGeasuaaer.-An Inspection Event with-Mmultiple inspection items at the same Wworksite for the same consumer for ^ nnl^ ^ -imeradd-ressed in a SiRgle '^^^^^fi^^ Eve will not constitute be sabjestte separate minimum evertim^ compensable eventstien. 2 -A-"wod,;s^ Worksite" means is defined as a location with the same address. 1. if more than e Io I., Event is performed for separate ee.st rson the sari day, each inspection Event is subject to the minimum overtimece,^;pensaton requiFement set forth in Se Gtien h below. Bb—The City shall pay an employee who voluntarily performs an Inspection Event outside of the employee's regularly scheduled work hours pay a minimum of two (2) hours for each Inspection Event at a rate of r mhi,rsable n ,nrtim^ ^ ^n+i^na one and one-half 0 '/2) the employee's regular rate of pay or aGtual time .. erked per In^n^^ti^n EVen4 whiGheVeF i^ i.atnr to an FESCFA nit P nleyee whe . ^I„RtaFily pe FfGFm^ mbul:-s+hle a4er hei^ nr Reee s e itside of the regularly SGhn.L . led erk hours n ntsubiect to the following conditions: 26 - F.L 140,149A 12560486.v4 Commented ILCW 1291: Non -substantive change: R� definition of "regular rate of pay" as unnecessary. Potential TA Commented [ACV1301: CEA requests that reimbursable overtime is reinstated and that the scope of `reimbursable overtime" be \\ expanded to include not only inspection events. Commented [LCW131R130]: The City will inform the Council of the CEA proposal on this subject. '(Commented [ACV132111301: Page 190 of 379 City Supposal (8-201-2024) 7 i.The GcrG� nit employee must be employed in either: (1) (a) -the Community Development Departments or LaLin as athe Fire Prevention Specialist classification; 1. 2. i. The Ecc� tent employee must receive prior written approval from their supervisor to perform aR the Inspection Event. -Should a consumer request additional inspection item(s) while the ESCEA ^ t employee is at the worksite of an approved Inspection Event, performance of the additional inspection item(s) shall be deemed approved by the supervisor as part of the Inspection Event; 2. 3. +i. The work performed by the ESGEA employee must be in connection with employee's their-regularjobduties; 3. 4. ia. The work performed by the ESCEA ., t employee must occur outside of the employee's 4-regularly scheduled work hours; 4. 5. v. The overtime wages paid by the City must be subject to de4lg-reimbursement d by the a -third_ -party consumer; and 5. 6. v_The work performed by the �cr�,, ;t employee must be related to an inspection outside of the employee's regularly scheduled work hoursafter-hAurs RSpeGt'eRS of pFernises- The City shall compensate the employee at the rate of a one and one-half (1 ''/2) the employee's regular rate of pay, regardless of whether the employee worked 40 hours in the workweek during which the employee performed work on the Inspection Event. C. �' If more than one Inspection Event is performed for separate consumers on the same day, each such Inspection Event is compensable separately. A-.D. _Jv+v.-The City retains the sole and exclusive right to assign any after-hours inspection to any qualified employee of the Planning, Building or Fire Department employee (whether "�s"^they are4s= part of the bargaining €SCEA unit or not) or to a private third -party consultant at its d+sorPtin^n.1 RRCTION 18 Overtime Distribution The Gity shall assign overtime WGFk as equitably as pessible aFRGRg all qualified employees OR the same thp sarne erganizational unit R-Gh overtimp work shall to the Lawtent possible be assigned en the basis ef volunteers. in the assignment of evertime Linder this SECTION 4928. Promotions In all cases where an employee regulated by Chapters 1A3 and 1A4 is promoted to a classification in Chapters 1A3 or 1A4 for which a higher rate of compensation is provided, then such employee 27 - EL 140A 149VI 2560486.v4 Commented JACV1331: Commented [LCW 1341: Add new language. Commented [ACV1351: CEA requests that the City provide CEA members the first right of refusal before engaging a third party to perform such work. Commented [LCW136R1351: The City will inform the Council of the CEA proposal on this subject. Page 191 of 379 City SMosal (8-201-2024) 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 percent the base rate of compensation, excluding special assignment pay, received by said employee is such given classification at the time of such promotion, unless otherwise ordered by the City Council. All supervisors shall be paid a base rate not less than the next higher base rate than any of their subordinates. In the event that a supervisor is paid a base rate of pay equal to or lower than one of kris —their regularly assigned subordinate's base rate, the supervisor's base rate shall be advanced to a step in hi6A4eftheir salary range which is next higher than any subordinate's base pay exclusive of longevity pay, educational incentive pay, and special assignment pay. SECTION 2029. Promotional Examinations For the purpose of interpreting Section 1-6-9 (B) of the El Segundo Municipal Code, entitled "Examinations", the City agrees that a "sufficient number" shall be two (2) eligible, qualified applicants who have indicated an interest in a particular promotion in writing to the Director of Human Resources. Examinations may be specified by the Personnel Officer, as promotional only, as open only, or as both open and promotional. .�v INr=11.�T-WdMMNrNWA1M ARTICLE 3 — BENEFITS SECTION 1. Health Insurance n4..rr,-a-1 A. EffeGtiVe Inns inns 1991 the Gity .loll entrant with the GaliH.rnia PFRS for the P blin Employees' Medirol and Hospital Core Pregrawn fer rnedirol in A.B-. Employees receive coverage under a Public Employees' Medical and Hospital Care Act ("PEMHCA") plan administered by the Public Employees' Retirement System ("PERS"). Employees who elect to be covered under such plan may choose between Health Maintenance Organization ("HMO") and indemnity medical coverage plans ("PPO"). 28 - EL140\149\12560486.v4 Commented ]LCW137]: Substantive change: Removed computer purchase program. Commented ILCW138R1371: Potential TA. Page 192 of 379 City SMosal (8-201-2024) A. —City Health Contribution: -The City will contribute both the minimum amount required under Government Code section 22892 and a supplemental amount under PEMCHA to cover certain costs associated with the premiums associated with the coverage for the employee and their eligible dependent(s)' medical costs. B. The City's maximum contributions shall be as follows: Effective upon adoption of this agreement by the City Council, GGRtrbute Inn ^ rRembeF p ORth for .,m.,1..yee health .. 1 CffeGtiy IaRwapV , tenon, the City will contribute $1,750 per member per month for employee health coverage; 2. Effective January 1, 2025, the City will contribute $1,800 per member per month for employee health coverage; and 3. Effective January 1, 2026, the City will contribute $1,850 per member per month for employee health coverage. An employee shall be responsible for any employee premium amount that exceeds the City contribution amount described above. The City will deduct such amount from the employee's paycheck through a pre-tax payroll deduction. 29 - EL 140\149\1 2560486.v4 Commented [LCW139]: CEA requested the city contributions to increase to $1800 (6/l/23); $1850 (6/l/24); $1900 (6/l/25); J Commented [ACV140R1391: The City declines to provide the requested health care contributions. The contribution amounts proposed by the City are the same as for other groups with which the City has negotiated successor agreements in 2023. Commented [LCW141R139]: Revised timing of first change in the City's contribution amount. Commented CW142R139 : ed to reflect remaini Lion date. Commented [LCW143]: Substantive change: Removed cash -out. Commented [LCW144R143]: CEA requests that the City provide cash -in -lieu of health insurance coverage to employees who opt out of coverage. Commented [LCW145R143]: The City declines to provide the cash in lieu. Page 193 of 379 City SMosal (8-291-2024) Real, i9gi 4992 * 25% of City Contribution axle E) employee with Gaverage .,hiGh Is �nnnn'' the same s that of the retiree 99d 1994 75% 1995 *Qhn, dd the rentribi mien lister) he less than $75nn the retiree shall r e $75 nn Employees must have a M!R!FR 3 of seFViGe with the City in order to be eligible fer pair) retire medical 'n SECTION 2. I -Dental Insurance The City provides fully paid dental insurance for the employee and all eligible dependents, subject to the limitations as set forth in Article 3, Section 5.I1D„rin^ the tern, of this agreement the Git., will — Commented [LCW1461: Checked internal cross-reference. Gity's aggregate GentFibwtieR fGF G61FFeRt dental, OptiGal and life insurance shall be Gapped at $135.00 per employee per rneRth SECTION 3. Vision Insurance The City provides fully paid vision insurance for employees and all eligible dependents, subject to the limitations as set forth in Article) 3, Section 51)„rin the term of this agreement be Gapped at $135.00 per erRpleyee per menth. SECTION 4. Life Insurance Employees are provided a $50,000 basic term life insurance policy. Employees may purchase additional coverage for themselves ($100,000 maximum) and for family members at a group rate, subject to the applicable limitations.) SECTION 5. Dental, Vision and Life Insurance Contribution The Citv's aaareaate contribution for current dental. vision and life insurance for the term of this agreement shall be set and fixed at $184.25 per month. 30 - EL 140\149\ 12560486.v4 - Commented [LCW1471: Checked internal cross-reference. Commented 1LCW1481: Iuubstantive change: I contribution for dental, vision and life insurance. 71 Potential TA Commented [LCW1491: Substantive change: Increased insurance amount. Commented CW150R149 : will increase its TRMMlte insurance to $184M oyee per month and increase the life insurance coverage to F,000 JR.tia] TA Page 194 of 379 City SMosal (8-201-2024) The City shall provide vision benefits for each employee and the employee's eligible dependents. Within the monthly contribution cap currently established for dental, vision and life insurance coverage, the City's monthly contributions toward dental and life insurance coverage shall be made after the City makes its contribution to provide vision benefits for an employee and their dependents. SECTION 6. Flexible Spending Account Pursuant to applicable law, the City allows for employees to use pre-tax contributions to their Flexible Spending Account ("FSA") to pay for qualifying expenditures, including but not limited to employee paid insurance premiums, non -reimbursed medical expenses and dependent care expenses. Participation in the FSA program is voluntary.1 SECTION 7. Retiree Health Insurance Contribution For bargaining unit members who possess five (5) years' CaIPERS service credit, the City shall make a contribution for use towards the medical costs of the employee and their eligible dependents equal to that amount described in (Article 3, Section 1, Subsection B. A former employee shall be responsible for any premium amount that exceeds the City's section 22892. As required by Government Code section 22892(b), the City's contribution will be an equal amount for both employees and retirees. SECTION 8. 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 retirees 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 31- EL 140\1 49\1 2560486.v4 Commented ILCW1511: Substantive change: hicreAm contribution for dental, vision and life insurance Potential TA Commented [LCW152[: Commented [LCW153]: Checked internal cross-references Commented [LCW154]: Checked internal cross-references iCommented 1LCW155]: Substantivec granT eldto provide f CA to retirees with five (5) years CaIPERS Service to comply non-PERS discrimination rules. Mtential TA Page 195 of 379 City SMosal (8-201-2024) 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. SECTION 9. Long -Term Disability ("LTD") Insurance The CitV provides employees with a fully paid t long-term disabilitV insurance policV which allows continuance of two-thirds (2/3) of the first $9,750 of the employee's monthly salary with a maximum monthly benefit of $6,500. The policV applies to non -job -related injuries and illnesses. Benefits are payable following a sixtV (60) daV waiting period. Commented CW156: The maximum benefit period mayvarV depending on the employee's age at the time of the disabling I n I u rV or illness. Commented [LCW1571: Substantive change: Clarified LTD benefits. SECTION 10. State Disability Insurance ("SDI") Program Commented [LCW15sR1571:CEAissue with LID Insurance. The City provides employees the opportunity to access State Disability Insurance ("SDI") through the Employment Development Department (°EDD"). All actual costs associated with participation in the SDI Program will be the responsibility of employees. Employees li i t for Paid Family Leave n fit under the SDI program shall be required to take up to two (2) weeks of earned but unused acation leave brior o the employee's initial receipt of these benefits. Employees may use any available family illness leave in lieu of the vacation time. 32 - EL 140\149\12560486.v4 Commented [LCW1591: CEA requests to expand to other paid leaves including sick leave and compensatory leave. Commented [LCW160R1591: City: Declines this proposal. Unemp. Ins. Code, § 3303.1, subd. (c) only permits the employer to require the use of vacation leave. Commented Page 196 of 379 City SMosal (8-201-2024) Pnade after the Gity makes OtS Gontribution to prov de vision benefits for an employee and them.r depeRdents SECTION 11. Retirement A. Employees who do not meet the definition of "new member" under the California Public Employees' Pension Reform Act of 2013 ("PEPRA") (those members shall be referred to as "classic members") are enrolled in either the California Public Employees' Retirement System ("CaIPERS") retirement plans commonly referred to as the 2% at age 55 retirement plan ("Tier I") or the 2% at age 60 retirement plan ("Tier II") and shall be provided the benefits described below: Tier I: Employees hired before November 6, 2012 shall be eligible for the following retirement benefits: 1. 2% at age 55 retirement formula; 2. Retirement benefits based on the employee's single highest "compensation earnable" for one (1) year; 3. Pre- and Post -Retirement Death Benefits; and 4. Public Agency Retirement System ("PARS") Retirement Enhancement Plan, generally described as one-half percent (0.5%) at age 55 for all employees hired on or prior to December 31, 2012. To be eligible, employees must be satisfy the following conditions: (1) be hired by the City for a position within the bargaining unit before October 1, 2012: (2) be at least age fifty-five (55) at the time of retirement; (3) have fifteen (15) years of full-time continuous service to the City; and (4) retire from the City. This benefit will be paid to qualified retirees in addition to any CaIPERS benefits to which they are entitled, as described above. Employees shall pay the full eight percent (8%) of their PERSable compensation towards the CaIPERS member contribution. Until such time as the City's contract with CaIPERS is amended pursuant to the Government Code to reflect that employees are contributing the full eight percent (8%), the City will treat one percent (1 %) of the cost -share described here as an employer contribution rather than an employee contribution. Employee contributions shall be deducted on a pre-tax basis to the extent permitted by federal and/or state law and regulations. Tier II: Employees hired between November 6, 2012 and December 31, 2012 or who were hired thereafter but were existing CaIPERS members at the time of their hiring shall be eligible for the following retirement benefits: 1. 2% at age 60 retirement formula; 2. Retirement benefits based on the employee's single highest "compensation 33 - EL 140\149\1 2560486.v4 C. Commented [LCW162]: benefits. Potential TA Page 197 of 379 City Supposal(8-201-2024) 7 earnable" for one (1) year; and 3. Pre- and Post -Retirement Death Benefits. Employees shall pay the full eight percent (8%) of their PERSable compensation towards the CalPERS member contribution. Until such time as the City's contract with CalPERS is amended pursuant to the Government Code to reflect that employees are contributing the full eight percent (8%), the City will treat one percent (1 %) of the cost -share described here as an employer contribution rather than an employee contribution. Employee contributions shall be deducted on a pre-tax basis to the extent permitted by federal and/or state law and regulations. B. Tier III: Employees hired on or after January 1, 2013 and who meet the definition of "new member" under PEPRA are enrolled in the following retirement plan ("Tier III") and shall be provided the benefits described below: Tier III: Employees hired on or after January 1, 2013 shall be eligible for the following retirement benefits: 1. 2% at age 62 retirement formula; 2. "Final compensation" based on the employee's highest average annual "pensionable compensation" earned by the member during a period of at least thirty-six (36) consecutive months and their retirement benefits shall be calculated based on "pensionable compensation" rather than "compensation earnable"; 3. Pre- and Post -Retirement Death Benefits. Employees shall individually pay a Member CalPERS contribution rate of fifty percent (50%) of the normal cost rate for the Defined Benefit Plan in which the "new member" is enrolled, as may be adjusted by CalPERS per PEPRA. All retirement plan benefits shall be integrated with Social Security. SECTION 125. Workers' Compensation Provisions The City provides employees who sustain job -related injuries or illnesses that are compensable under California Workers' Compensation Laws three-quarters (3/4) of their regular monthly salary for up to one (1) year less any ^ ^^* ^ ^'^ ^^c '• h^ a ^ ^^,h^�^ of +ho P-hlin Cmnlnvpp,;' Rpteromon+ Svstpm and who ronoi.•o inL.rioo that aro nomnoncahl �ndpr +ho California Workpr ' Com o sa+inn I a s !other than +hnco 4n ...hnm +hn nF Con+inn A850 of+ho I ahnr Cndp a L.\ shall hp ontWe +n ro Cpvpn.t ._fi..o nornon+ of +ho omnlnvpp'o ron, Jar salaw for anv so_na"M wai+ino noriorl nro.drlo fnr in +ho Workers' Cc)rn oa+inn I aws Thoroaftor fnr anprond of n +n nnp vpar or-n+il earlier retirement on rlica hill+.. n 34 - EL 140\149\1 2560486.v4 Page 198 of 379 City SMosal (8-201-2024) on4.,_fwyp nersent of the n nln.,nn'c. r , ilnr rnAnthh, c ;;I;;w .,nd the ; of of any temporary disability payments received under the California Workers' Compensation Laws. Such payments shall cease when the employee receives a permanent disability award or is physically able to return to work. 3—These payments shall be provided without deductions for State or Federal Income Taxes. to the extent allowable by the Internal Revenue Service. SECTION 13. Education Reimbursement Program The City may provide employees who complete work -related college courses with a grade of "C" or better up to $1,750 per calendar year for the cost of tuition and books. In order to qualify for receipt of such funds the employee must obtain either pre -authorization or approval for reimbursement from their Department Head and Human Resources Director, or such employees' designees. Employees who participate in the reimbursement program must provide a copy of their grade(s) for verification and execute an agreement which provides for the following: Educational Reimbursement — "I certify that I have successfully completed the course(s), receiving a grade of "C" or better. A copy verifying this grade is attached. I agree to refund the City or have deducted from my final paycheck any educational reimbursement funds received under this program if I should leave the City's employ, voluntarily or through termination with cause, within one year after completion of the course work for which I am to receive reimbursement. The amount of refund shall be determined in accordance with following schedule. Below is the reimbursement schedule for the full months worked between the employee's completion of the course for which they are being reimbursed and their last day of employment with the City and the percentage of the total reimbursement to be refunded to the City. Months Worked between Percentage to be Refunded to the City Date the Course was Completed and the Final Da at Work 1 100 2 100 3 90 4 80 5 70 6 60 7 50 8 40 9 30 10 20 11 10 35 - EL 140\1 49\1 2560486.v4 Commented ILCW1631: Non -substantive change: Revise clarify workers' compensation benefits provided by th Potential TA Page 199 of 379 City SMosal (8-201-2024) 12 10 New hires to the City are ineligible to participate in this program until they pass probation. SECTION 14. Employee Assistance Program ("L-EAP") Mental Health The City provides employees and immediate family members' confidential assistance, referrals, and counseling through the EAP. The program is designed to provide professional assistance and support to help employees and their families resolve problems that affect or may affect their personal or professional lives. The City shall provide the basic level of EAP service to employees at the cost incurred by the City for participation in such program. Basic level includes three (3) session per member per incident per year. SECTION 15. AEI Segundo City Employees Association Insurance The El Segundo City Employees Association -sponsored optional insurance plans shall be made available via automatic payroll deduction. All associated insurance costs to be borne by unit employees. 36 - EL 140\1 49\1 2560486.v4 Commented [LCW164]: Commented CW1651: Pott� Page 200 of 379 o�on+Agc 1 month after Gni i nln#inn i0001; 3 FRE) YYhG 9"0 6 FRE)RYh$ 7"0 77 m�n+hc �e A months �B i-FT months 20-Ok 111 mEn4hs 4"0 117�n4hs 37 - EL 140\1 49\ 1 2560486.v4 Page 201 of 379 City SMosal (8-201-2024) ARTICLE 4 — LEAVES AND ABSENCES SECTIONestie 1. Vacation Accrual Years ei Ac aI Pp Maxornw Service Rate Pay Period cermoss:hle Accrual 0-7 96- hours _,� �9-hours too hours 9-44 126 hA, ws G :22 hg. mr 2" h.A arc. 4-5* 176 hears hser$ 352 hours Full-time OR ALTERNATIVE AGGRI IAI R-GHED II C gemplovees shall accrue vacation leave at the following rates depending on their years of service to the Citv or anether p uhlir o .,: 38 - EL140\149\12560486.v4 Commented CW166: Page 202 of 379 City SMosal (8-201-2024) 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 An empleyee desiring to partiGipate in the alternative aGGrual sn-hed-i-ile. shall se advise Human ReseUFGes Department On wFiting of their eleGtien, ne later than QGtebeF 19, 1994. Fail-Ure te advise G0RtiRUiRg to accrue vacation OR the original" schedule. An election to accrue vacation on the „ Fe`dOGable (Permanent part-time employees shall receive vacation accruals at based on their years' service with the City, whether in a full- or part-time capacity, and their regular bi-weekly schedule proportionate to a full-time schedule of 80 hours pereyery two -weeks. For this m4icle, the term 'day" shall be the equivalent of eight ho FS VaGatiE)P to ... ... ---th'- continuous service (although still on probatioA), Permanent part time emple, ees eca a 0 SECTION 2. Vacation Accrual Cap VaGatien TiFne A,....,rnulation and Sale E€mployees may accrue up to two (2) years of vacation leave at their current annual accrual rate. Effective three months after the adoption of this Agreement by the City Council, the City will impose a hardeaphard 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 who has accrued. but unused. vacation in an amount that exceeds that amount will forfeit the amount of vacation in excess of the hard ca SECTION 3. Vacation Use Employees may use their accrued vacation leave after six (6) months of employment. VaGatiOR time shall be aGGUFnUlated from date Of last GE)Rt!RU9L1S P8FFRaReRt 8--l-1--tAll vacation shall be taken at such times as are agreeable to the hn""inc d Of n-rczf'h� dDepartment Head-aad approved by the City Manage or designeel. 39 - EL140\149\12560486.v4 _ -- - Commented [LCW1671: New vacation accrual rates. Commcntcd ILCW 168 1: Substantive changer l�vacation accruals.based on hours worked. Potential TA Commented CW169: Commented [LCW1701: Potential" Commented [LCW171]: Substa II}tapproval by the City Manager, Potential TA Page 203 of 379 City SMosal (8-201-2024) PeFrnanent ..a.++img „ nlg.,ggr. FeGenve ...,tie glr. at Gno% gf +hg .,c.M hG,.hg.J fill +im Fer the duration Gf this agFe8Fn8Rt only, an emplayee may sell baG'( Up tG tWeRty five PeFG 0 ) of hisiher annual vaGatien aE;Gpual, to whiGh they are entitled by length ef seP."Ge. FaGh DeGember. Rate of pay fGF YaGatien leave payouts shall be at base salaFy hourly rate ef pay and F=PMG shall Rot apply, SECTION I VacatioTime A�nr..gl�r TFoTemper-aryrndustrial ratinn time Disability may aGGF61e for longer than twe . (SECTION 4. Vacation Cash Out —Active Employeesl Commented [LCW1721:CEArequested twice annualcash-outs of vacation accruals. A . Qualification for Vacation Cash Out: An employee who has completed one (1) year of Commented [LCW173R1721: The City service qualifies for vacation cash out. annual vacation leave cash out as described here. Potential TA B . Cash Out Process in 20234: In calendar year 20234, a qualified employee may 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 t While employees may Commented [LCW1741: Checked internal cross-reference. elect to exercise this option not more than twice in calendar year 2023, the cumulative amount of vacation leave cashed out may not, in aggregate, exceed total amount of vacation leave that the employee can accrue in a year. C . Election Process: A qualified employee may 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. - Commented [LCW17s1:Checked internal cross-reference. On or before December 15, 20234 and every December 15th thereafter, a qualified employee who elects to cash out some or all of their accrued vacation for the following year shall submit written request to the Human Resources Department stating their irrevocable election(s). The emplovee shall provide the followina information as Dart 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 accrued vacation leave that the employee wants to cash out in July of the following calendar year (The cash -out amount must be equal to or 40 - EL140\149\12560486.v4 Page 204 of 379 City SMosal (8-201-2024) 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 accrued vacation leave 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). The City shall administer the cash out twice annually, starting in December 20234 and every December thereafter. The City shall make the cash outs in the first full pay period in July and December. D. Such cash outs shall be paid at the employee's base salary hourly rate of pay. E. 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 available for their use. SECTION 5. Vacation Cash Out Upon Separation Employees shall receive payment for one hundred percent (100%) of their accrued vacation leave upon separation or death. Vacation leave cash outs shall be paid at the employee's base salary hourly rate. SECTION 65. Sick Leave Accrual Full-time employees accrue sick leave at a rate of eight (8) hours per month. Permanent part-time employees accrue sick leave at a rate of four (4) hours per month.) SECTION 7. Sick Leave Cap Sick leave accrual is limited to six hundred (600) hours. Current employees with more than 600 hours of accumulated sick leave will be allowed to utilize that amount as their personal sick leave cap throughout the remainder of their service with the At -, However, such employees shall not accrue more sick leave until such time as their sick leave balance is less than six hundred (600) hours. IFor employees hired on or before the date that the City Council adopts the MOU, the City will allow the accrual of sick leave in excess of six hundred (600) hours subject to a mandatory cash out as described below.) SECTION 8. Sick Leave Requests and Certification L 41- EL140\149\12560486.v4 Commented CW176: Commented [LCW1771: separation. Potential TA --- Commented CW1781: Commented [LCW1791: Commented [LCW1801: Substantive change: Imposition of hard cap Commented [ACV1811: Maintain sick leave request and certification language from MOU Section 2.09 5. and 6. Commented [ACV 182R1811: If the City agrees to a 4/10 schedule the City will, as a condition to such agreement decrease the number of days from five to four, after which the City may request a note from the employee's treating physician. Commented CW183R181: Page 205 of 379 City Supposal(8-201-2024) 7 A. Requests for sick leave shall be provided in accordance with the law and not unreasonably denied. B. Any employee takinq sick leave shall, upon their return to work, siqn a statement certifying that the sick leave was for permissible purposes (e.q., their own iniury or illness or the iniury or illness of a family member as defined in Article 4, Section 10). (SECTION 99. Sick Leave Cash -out For employees hired on or before the date on which the City Council adopts the MOU, the City will cash out any accrued sick leave in excess of six hundred (600) hours on December 1 of each year. The City will provide the cash out by direct deposit. Upon separation or death, the City shall sasheutcash-out sick leave by employees as follows: 1. The Citv shall not Drovide anv emDlovee. reaardless of the date of their hire b the City, eashelltcash-out of accrued sick leave in the event that the City terminates such employee for cause.) 2. The City shall not provide any employee who has been employed by the City for less than five (5) years any eashelutcash-out for sick leave.) 3. (For an emDlovee who has been emDloved by the Citv for at least five (5) vears and separates from City employment for a reason other termination for cause or service retirement or -disability retirement, the City shall provide the employee a sasheutcash-out at an amount equal to one-half (1/2) the value of such sick leave (i.e., one-half (1/2) the employee's base salary hourly rate of pay for each hour of sick leave).( a�IFor an employee who has been employed by the City for at least five (5) years and who separates as a result of a service retirement or disability retirement, the City shall provide a sashejltcash-out at an amount equal to the full the value of such sick leave (i.e., the employee's base salary hourly rate of pay for each hour 42 - EL 140\149\ 12560486.v4 Commented ILCW1841: Substantive change. No cash out if EE is terminated for cause. Commented [LCW185R1841: Par[ of package for increased vacation described above at Section 1. Commented [LCW1861: Non -substantive change: Clarification on cash -outs. r mented [LCW187R186]: - Commented [LCW1881: Substantive change: No 70% cash -out for unused accrued sick leave accumulated since the preceding December 1st Commented [LCW189R1881: Part of package for increased vacation described above at Section 1. Page 206 of 379 City SMosal (8-201-2024) of sick leave)d 4. NO ■. 43 - EL 140\149\1 2560486.v4 Commented [LCW1901: Non -substantive change: Clarification on cash -outs. Commented [LCW191R1901: - Commented [LCW1921: CEA requests to maintain current MOU Language in Section 2.09.2 Commented [LCW193R1921: Note: The City declines this proposal as the existing MOU language is unclear. And could lead to confusion and conflict. Page 207 of 379 City Supposal (8-201-2024) 7 SECTION 9-1 0T. Sick Leave to Provide Care for Familv Members Employees are eligible to utilize a maximum of half their annual sick leave accrual,orforty-eight (48) hours, 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. 44 - 8L 140A 149V1 2560486.v4 commenlea Lcw1941: Commented ILCW1951: with current law, Potential TA Page 208 of 379 City SMosal (8-201-2024) 7 The City will allow up to two (2) days of accumulated sock leave per year to be used fo purposes of physical examinations, subject to submission of a dectoF's 'Verification. The Commented [LCW1961: Gity fuFther agrees that requests for sick leave benefits will not unreasonably be denied. SECTION 1019. Holidays The City recognizes the following holidays for City employees: A. Holiday SGhedule The following Days shall be GORSideFed as holidays fOr City eMplGyee6: 1. January 15t 2. The third (3rd) Monday in January (Martin Luther King Jr. Day) 3. The third (3rd) Monday in February (President's Day) 4. The last Monday in May (Memorial Dav) 5. July 41h 6. The first (1 s1) Monday in September (Labor Dav) 7. November 111(Veteran's Day) 8. Thanksgiving Dav 9. The Friday after Thanksgiving Day 10. December 24th 11. December 25th 12. December 31 st January The third Monday On Ion o y (Martin Luther Lynn jr. Day) The third Monday On February (President's floe) l3—Holidays will be will he paid based on the employee's assigned daily work schedule. hased An For exam le employees assigned to a 9/80 schedule will have holidays paid in nine (9) hour increments unless the holiday falls on their assigned eight -hour workday, in which case they will receive be paid eight hours of holiday pay for the holiday.l Emolovees who are assianed to a 4/10 Alternative Work Schedule will receive 10 hours of oav for holidays. 45 - EL140\149\12560486.v4 Commented [LCW1971: City: Clarified that they are paid days off, unless the employee is required to work in which case the employee will be paid as provided under Article 4, Section 13, below Commented [LCW1981: City: If the City agrees to a 4/10 schedule, the City proposes the following "Employees assigned to a 4110 schedule will receive 10 hours of pay for holidays. Commented [LCW199R1981: Added new language. Page 209 of 379 City SMosal (8-201-2024) !-Employees with an approved redUGed Reduced appreve,"w Nork sGh� ed.d Mule Schedule pursuant to Article 2, Section 4- 203-or-14 bf this MOU will have holidays paid consistent with their approved Commented [LCW2001: Checked internal cross reference. daily work heursschedule. SECTION 142. Holidays Falling on Saturdays and Sundays In the event any of the above referenced holidays fall on a Saturday, the holiday shall be observed on the preceding Friday. In the event any of the above holidays fall on a Sunday, the holiday shall be observed the following Monday. SECTION 133. Holidays Falling on an Employee Workday or Regularly Scheduled Day Offs Comm ented[LCW2011: CEA requests that the language from the current and operative MOU at Section 2.14 45 be maintained and If t#ea holiday is observed on an employee's otherwise regularly scheduled day off, the employee holiday pay pmvided. will receive a floating holiday consisting of the number of hours based on the employees assigned Commented [ACV202R2011: P- daily work schedule.! Commented [LCW2031: Non -a For employees who are entitled to a floating holiday because a City holiday falls on the employee's regularly scheduled day off, the City will credit the floating holiday hours to the employee's leave bank at the beginning of the pay period which includes the holiday. If an employee is required to work on a recognized holiday, the City shall compensate the employee at the rate of a one and one-half (1 '/2) the employee's regular rate of pay entitle!! +e t'rne ap ene_holf for such work in addition to the straight time holiday pay described in Article 4, Section 11. SECTION 134. Personal Leave Day A. Each employee shall receive one (1) day per calendar year as a Personal Leave. B. In the first full Dav period followina the adootion of this MOU by the Citv Council. the Cily shall orovide 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 Dav 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 bargaining unit members 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. EeaGh a nievee who has nomniptPH . en+hs of se. ii..e .hall he en+i+lpd to ,.ele..+ 10 hours fer 4110 Schedule a nle..ees: O heurs for 9/80 GGhe.Lded a nle..ee..\ 46 - EL140\149\12560486.v4 Commented [LCW2041: Checked internal cross reference. Commented [LCW2051: The Ci }leave da7itil such time as Cesar Chavez or Juneteenth as a City ho �A Commented [LCW2061: Added new language. Page 210 of 379 City SMosal (8-201-2024) ■ �a Mr. RMW SECTION 145. Limited Carryover of Floating Holidays and Personal Leave Floating Holiday and Personal Leave hours may not be carried over from one calendar year to the next, except that Floating Holiday hours credited to an employee in November or December may be carried over to the next calendar year, but must be used by October 31 of the following year. 47 - EL 140\149\1 2560486.v4 Commented CW207: Page 211 of 379 City SMosal (8-291-2024) In the event of the death of an employee's "family member", as defined in (Article 4, Section 7-910, 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 with 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 City in order to attend services for the employee's family member, the City shall also provide two 2 additional days of paid bereavement leave in lieu of the two (2) days of unpaid leave. SECTION 1574. Personal Emergency Leave Employees, upon request, shall be entitled to utilize vacation, Personal Leave Day/Floating Holiday or accumulated compensatory time off for bona fide and substantiated personal emergencies, ji.e., serious illness of immediate family members, and cases of extreme and unusual hardships of an emergency nature). In certain circumstances, notification requirements may be waived. Frnpleyees shall be entitled to use vaGation time fn—r le—aves ;.vffith pay en Good Friday provided SECTION 1368. Catastrophic Leave Bank Catastrophic leave means leave for employees who are unable to work as the result of a serious injuries or illnesses and who have exhausted all of their paid leave. The City shall administer catastrophic leave pursuant to the City of El Segundo Catastrophic Leave Bank Policy negotiated by the City and Association and revised in 2009. During the term of this Agreement, should the City adopt a Catastrophic Leave Bank Policy following a meet and confer with the Association, the City shall administer catastrophic leave consistent with that policy. The Gity shall institute a Gatastmphin leave hank as follows: 1. Purpose To establish a program whereby City employees may denate aGG61Fn1 "Ated firnLa, to a catastrophic sick leave bank to be used by permanent, part time and full time employees who are r.i+a4od due +o a r.a+ao+rephin illnoro e nGurable er se serious if not it would likely result a long period of iRGapaGity. �ror• that, treated, 2 PrAgpd with administering the Gafastronhio Leave o Bank. provided by the City of El Qoo, info Theo nleyee to r o the donation will sign the 48 - EL140\149\12560486.v4 Commented [LCW2081: Checked internal cross-reference Commented ILCW2091: Substantive change: Revised to comply with changes in law. Commented [LCW21 OR2091: Potential TA: The City pr maintains the prior benefit and updates it to comply the law and expand the coverage to include grandchil Commented ILCW2111: Otecessary. Potential TA. Commented [LCW2121: N Werence policy not recite it. jiltential TA Page 212 of 379 City SMosal (8-201-2024) 7 SECTION 147-9. Jury Duty A. Leave of Absence The City will provide an €employee shall be ,,tiled + who is required to report for iury duty or serve on a fury a leave of absence covering such service with all of the fE)"EMORg GORditiO446. BA. Employee Notice Prior to reporting for iury duty, Tthe employee must provide written notice of the expected jury duty to their supervisor as soon as possible, but in no case later than 14 days before the beginning of the jury duty. C9. Documentation of Jury Duty The employee must provide documentation of their daily attendance on jury duty. D. Paid Leave During the first two LZLweeks of jury duty, an employee shall be entitled to receive their regular compensation. ES. Unpaid Leave For any portion of jury duty that extends beyond the4ir-�two aLweeks, such extended jury duty period shall be without regular pay, unless the employee elects to use paid leave accruals for such time. F . ARY GempenSatiOR for the first two weeks of jury duty, except travel reimbursement pay, must €. IReportinq to Work While on jury duty, in the event that the employee is relieved of iury obligations for three (3) or more consecutive hours, the employee must report to work. Employees relieved of iury duty for three (3) or more consecutive hours may elect to use pa i d leave acaualsto take such time off from work, provided the employee has requested and received their supervisor's approval to do so. dilFing any pertion of a day that the employee is relieved of 6jury duty for three or n4e -- 49 - EL140\149\12560486.v4 Commented CW2131: Commented [LCW214[: CEA has a question concerning employees who live outside LA County. Commented [LCW215R2141: City: The City declines to provide an exception for such employees who may elect to use paid leave accruals to take such time off work. Page 213 of 379 City SMosal (8-201-2024) ARTICLE 5 — EMPLOYER — EMPLOYEE RELATIONS EMPLOYEE ORGANIZATION REPRESENTATIVES/ACTIVITIES SECTION 1. Representational Rights The City and Association and the City recognize and agree to protect the rights of all employees to loin or participate in protected Association activities or to refrain from Joining or participating in protected activities in accordance with Government Code Sections 3550 and 3511. SECTION 24. Designation of Union Representatives and Release Time Steward's Tome T0^T'^�e The Association may designate up to five) (5) Iargaining unit members to serve as union representatives in personnel matters. Upon timely request and for suitable reasons, the !Sits MaRagerHuman Resources Directors, or their designee, may authorize release of a t#designated union e��nnio+, o.n�i +nn+ , hio /hnr u+her°��d representative from normal duties to attend to or assist in personnel matters involving Association members-, unless such individual is needed in order to perform urgent or emergent work for the CityaRl fer ` Vhinh union representation io o1in,..ohke by law. In the event that the individual is unavailable to attend to or assist in the personnel matter, another designated board member will be released for this purpose. The City shall not withhold authorization of release time for this purpose. In total, the City will provide the Association up to one -hundred and fifty (150) hours of paid release time per year to attend to or assist in personnel matters involving Union members. Such time shall not include release time for the purpose of engaging in meet and confer with the City. In the event that the Association exhausts the one -hundred and fifty (150) hours of paid release time to attend to or assist in personnel matters, the City and the Association shall meet to discuss the City's provision to designated board members of a reasonable amount of additional time to attend to such matter. Designated board members shall report the time used to attend to personnel matters during their regular working hours on their timecards.) SECTION 3. Designation of Regular Bargaining Team Members, Subject Matter Experts, Non -City Representatives and Release Time The Association may designate up to five (5) bargaining unit members to serve as regular bargaining team members during the meet and confer process for successor MOU negotiations and other matters related to decision and effects baraainina. 50 - EL 140\149\ 12560486.v4 Commented [LCW2161: Commented [LCW2171: CEA requests five (5) bargaining unit members to serve in this capacity. Commented CW218R2171: Commented LCW219: Commented [LCW220]: Substan hours of Association leave. Potential TA. Commented ILCW2211: Substan' report usage of Association leave. Potential TA. Page 214 of 379 City SMosal (8-201-2024) The Association may request that the City recognize additional bargaining unit members to participate in bargaining in order to address subjects with which such employees have subject matter expertise. The City shall not unreasonably deny the participation of such individuals in bargaining. The City may limit the participation of such individuals to the negotiation of subjects with which such individuals possess subject matter expertise. The Association may designate a reasonable number of non -City employees to serve as representatives of the Association and to participate in bargaining. The participation of such individuals will not count against the five (5) bargaining team members that the Association may designate. Upon timely request and for suitable reasons, the Human Resources Director, or their designee, will authorize release of regular bargaining team members and subject matter experts from their normal duties to prepare for or participate in bargaining with the City. The City shall not withhold authorization of release time for this purpose. During the meet and confer process, the City shall provide the regular bargaining team members sufficient release time to prepare for and participate in negotiations with the City. The City shall provide each bargaining unit member two (2) hours of paid release time to participate in the vote to ratify a tentative agreement for the successor MOU to this Agreement. The City will not provide other release time to non -bargaining team members for purposes of engaging in matters related to bargaining, except as described in this Section.) 1=n �'. Asses;atien .n�:.,:st-rat+A.Fe To — The agrees that dDuring the term of this MOU, their members employed by the City of El Segundo will not strike, or engage in any work stoppage or slow down, engage in a concerted failure to report for duty, or fail to perform their duties in whole or in part for the purposes of inducing, influencing or coercing a change in conditions, or compensation, or the rights privileges or obligations of employment. The Association also agrees that their members employed by the City of El Segundo will not refuse to cross a picket line in the performance of their normal and customary duties nor attempt 51- 8L 140A 149V1 2560486.v4 Commented [LCW222]: Commented [LCW223]: Substantive change: Removed Association Administrative Time.. Commented [LCW224R223]: - Commented [LCW225]: Page 215 of 379 City SMosal (8-201-2024) to influence, either directly, or indirectly, the employees to honor an existing picket line in the performance of their normal and customary duties as employees. MANAGEMENT RIGHTS SECTION 54. Management Rights FxE;ept as limited by the SpeGift and express terms of this MOU, the City hereby retaiRG and reserves Linte itself all rights, pewers, authority, duties and responsibilities Gonfiffned en and vested 'R it by the laws and the GGRStitUtOOR of the State E)f Gal'fGFR'a and/oF lJRited States E) rneFica. Except as limited by the specific and express terms of this MOU, the City hereby retains and reserves unto itself all rights, powers, authority, duties and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California and/or United States of America. The management and direction of the work force of the City is vested exclusively in the City and nothing in this MOU is intended to circumscribe or modify the existing rights of the City to engage in the following conduct: 1. Direct the work of its employees; 2. Hire, promote, demote, transfer, assign and retain employees in positions within the City, subject to the rules and regulations of the City; 3. Discipline employees for proper cause; 4. Maintain the efficiency of governmental operations; 5. Relieve employees from duties because of lack of work; 6. Take action as may be necessary to carry out the City's mission and services in emergencies; and 7. Determine the methods, means and personnel by which the operations are to be 52 - EL 140\149\ 12560486.v4 Page 216 of 379 City SMosal (8-201-2024) carried out and require overtime work by City employees. Commented ]LCW226]: N management rights. LAYOFFS J&ntial TA. SECTION 5. Groundsfor Layoff Whenever, in the judgment of the City Council, a becomes necessary to reduce the workforce because of a lack of funds, lack of work or reorganization, an employee may be laid off, reduced in classification or displaced by another employee. Such layoff, reduction or displacement shall result from action of the City Manager or th e i r designee. Such action shall not entitle the laid off, reduced or displaced employee to a right of appeal. The City Manager shall recommend to the City Council each classification to be affected by any such change.) Commented lLCW227]: fon-sub y vSection. SECTION 6. Notice to Employees PotentialT_A The City shall notify the Association thirty (30) days prior to the implementation of layoffs, to provide for adequate time to meet and confer regarding the impact. An employee filling a full-time position shall be given fourteen (14) Calendar day's prior notice of lay off. Employees transferred, reduced or displaced shall be given five (5) calendar days' notice. The City Council may approve a reduction in the notice requirements, if so recommended by the City Manager. Commented [LCW228]: Non -substantives Wployees. Moved to its own section. SECTION 76. Layoff Procedure Potential TA. A. Permanent Employees Commented [LCW229]: Non-substanti� Moved to its own section. n permanent employee -in a classification affected by a reduction etc. Seniority shall be determined by "ore date Senme he total amount of full-time employment in any classification in the Citv B. Other ram, o f�. l ayeff tnth...., yep OR the „ua,.., eRt of the Gity GeUR^01it hr.i.i.rReG deGigR8e. SUGh aGtiGR shall REA eRtmt'8 the laid off, redUGed er displaGed employee to a righ 53 - EL140\149\12560486.v4 Page 217 of 379 City Supposal(8-201-2024) 7 2. Nintio�tn nCm Inane$ _ The City shall notify the Accnniation thirty (30) days prier to the mplemeRtation of layoffs, to picovide for adequate time to meet and GonfeF FegaFding the mpaGt. An employee filliRg a full time position shall be given fe6iFteen (14) GalendaF days PFOOF nGtiGe of lay off. Employees tFansfeFFed, FedLIGed OF displaGed shall be given five (5) Of s nded by the Git.. Manager 3. "a t Will Employees —The City Manager retains the right to layoff or alter the work assignments of the following employees at any time without notice or right of appeal: 1. eaRergeaEy-Emergency employees-; 2. Ttemporary or seasonal employees, 3. Part-time employees,-, 4. _Jerial-New employees in their initial probationary ep riodeAy � res; Commented iLCW230�: 5. Promotional probationary employees. and 6. _employees designated as at -will. In the event of a layoff, Tahe promotional probationary employee shall revert to his<hertheir previously held classification and position without loss of seniority. SECTION 8. Tie Breaks G Breaking Toes_ Provided that the seniority of two (2) employees are the samelmases%ere two or more employees have the same date of hire (i.e. equal s ert„), retention points for job performance shall be credited on the basis of the average of the overall evaluation ratings for the last three (3) years in a classification, provided the last rating had been filed at least thirty (30) days prior to the date of the layoff notice. Retention points are as follows: 1. "Unsatisfactory" rating = 0 retention points 2. 'Below Standard" rating = 6 retention points 3. "Standard" rating = 12 retention points 4. "Above Standard" rating = 18 retention points Commented [LCW231]: Substantive cbange: Revised to reflect ratings used in EE evaluations. 5. "Outstanding" rating = 24 retention points Potential TA. 54 - EL140\149\12560486.v4 Page 218 of 379 City SMosal (8-201-2024) In the event of a tie in seniority, the employee with the lowest average of retention points shall be laid off first. In the event that one or more of the affected employees do not have a sufficient number of performance evaluations on file, ties shall be broken by a coin toss. SECTION 9. Reduction to a Vacant Position E} RedUG+,^^ +^ ^ Va ^+ o^s,+;e. An employee designated for layoff as a result of abolition the elimination of a position or classification may be offered appointment to a vacant position in a lower classification, if the employee is qualified by education ap4or experience for such position. If there is more than one qualified employee to be offered such appointment(s), the offer(s) shall be based on seniority, with the employee with the h.^most seniority offered the position first, then the next highest, etc. If the employees have the same seniority, then the procedure for breaking ties set forth above shall apply. FRGSt GIGSely GGFFeSpending, but on RG Gase higher, thaR the salary step ef his/heq�� previously held PGSitiaR, and the employee will be assigned a new salary anniveFsary date A.A. the effeAtive. date of the ..pp0iRtrneRt SECTION 10. Displacement Rights 7. DisplaGem^^+ Rights An employee designated for layoff as a result of abelitieR elimination of a position or classification may displace (ie. "bump") an employee in a lower classification, if the employee was previously employed in such classification and the employee who was i^ wh h^h the employee has pFier seWiGe, pFevided the laid off has greater seniority than the employee in the lower classification. Full-time ^. —h^•- employees who are represented by the Association f ^ +ham e-upi who are laid off will be permitted to displace (i.e., bump)bump non -benefited temporary and (benefited and non - benefited part-time employees under the following circumstances: if-ja) the temporary or part- time classification is in the unit, and kb) the City determines that the laid off employee is qualified for the temporary or part-time position. In such cases, the full-time employee who has been laid off will assume temporary or part-time status. 55 - EL 140A 149V1 2560486.v4 Commented ILCW2321: �n. Commented ILCW2331: CEA requested that the City clarify that firll-time employees can also displace benefitted and non -benefited part-time employees. Commented [LCW234R233]: City: Propose to revise as requested. Potential TA. Page 219 of 379 City SMosal (8-201-2024) 7 An employee who is bumped shall be laid off in the same manner as employee whose position or classification wars abelishedeliminated. r Commented ILCW2351: SECTION 11. Salary Placement Q Salary oi,,,,,,,,,,, ,,+ An employee who is appointed to a vacant position or GGigRed to a who displaces (i.e., bumps) an employee in a lower classification ^s ^ re-su'+ ^f ^ dm6plaGernent (b , ^` shall be placed on the step of the salary range of the new classification which most closely corresponds to, iS closest to the compensation of the employee On the previous ^la SGifiGatieR but in no case is higher than, the salary step of their previously held position. aad4The employee accepting such appointment shall receive w^" be assigned -a new salary anniversary date on the effective date of the appointment. The employee shall, however, retain seniority while h+sFhertheir name remains on reemployment list or lists, as set forth in ,Article 5, Section 12. CommentedILCW2361: Checked intemat cross reference Commented [LCW237]: SECTION 12. Re-employment List —The names of permanent employees who have been laid off under this Ssection (including employees who have bumped down) shall be placed, in order of seniority from highest most to leastewest, on a reemployment list for their rp for classification or any lower classification for which the employee is qualified by education aaddor experience. Persons on such lists shall retain eligibility for appointment to such classification(s) +hpf ^"^^, for a period of three (ayears from the date their names were placed on the list. As a vacancy within such a classification or lower related ^'^^o f ^ + ^^ becomes available, the name appearing at the top of the list shall be offered the opportunity to fill the vacancy. The name of an individual selected from the list to fill the vacancy who refuses the re-employment offer without good cause shall be permanently removed from the re-employment list without right of appeal. Laid -off employees do not earn seniority credit or benefits while on the re-employment list. Commented [LCW238]: SECTION 13. Rights on Ree-Employment — —If a person is reemployed by the City within three (3) years, the employee's seniority, accumulated sick leave allowance and accrued vacation aGGFua'Tates shall be reinstated shall be maintained or reinstated to the extent that it has not been Daid out. as the case may be. Reemployed employees shall be placed on the same salary step previously held upon reemployment, unless the individual is reemployed in a lower related classification in which case the employee shall be placed on the step for the lower classification with the salary that most closelv corresponds to. but in no case is hiaher than. the salary step Of their Dreviouslv held position. Commented [LCW239]: Non -substantive change. GRIEVANCE PROCEDURE — 56 - EL140\149\12560486.v4 Page 220 of 379 City Supposal(8-201-2024) 7 The Association may grieve on behalf of an individual, group of employees or the Association as a whole. SECTION 148. Definition of Terms 4 DEFINITION OF TERMS A. _Grievance - A grievance is an allegation of a violation, misinterpretation or misapplication of a specific written departmental or agency rule or regulation or a specific provision of this MOU. A grievance is distinct from an appeal of discipline which is covered by the Personnel Rules and Regulations (Rule 15 and 16). Employees may obtain a copy of the City's Commented ]LCW240]: CEA requested that the City provide the Personnel Rules and Regulations from the Department of Human Resources or at the location of the document. following website: https://www.elsegundo.org/government/departments/human- resources/personnel-rules-and-regulations-269338 B. _Grievant - A grievant is an employee or group of employees adversely affected by an act of omission of the agency- . Commented ILCW241]: Non -substantive change: Moved reference to completion of steps to Time Limits section, below. DC. Day - A day is a working day. €D. _Immediate Supervisor - The first level supervisor of the grievant. SECTION 15. Matters Excluded from the Grievance Procedure The grievance procedure is not intended to address the following types of issues: 1. Resolve complaints, requests or changes in wages, hours or working conditions. 2. Challenge the content of employee evaluations or performance reviews. However, an employee may challenge the content of an evaluation by filing an appeal to their Department Head. In the event that an employee is directly supervised by a Department Head, the employee may challenge the content of the evaluation by filing an appeal to another department heard, who has been agreed upon by the employee and their supervisor (Department Head). In either event, the Department Head's determination shall be final, and thus no further appeals will be permitted. 57 - EL 140\149\ 12560486.v4 Page 221 of 379 City SMosal (8-201-2024) 3. Challenge the merits of a reclassification, lay-off, transfer, denial of reinstatement, or denial of a step or merit increase. 4. Reduction in pay, demotion, suspensions or a termination which are subject to the formal appeal process outlined in Ordinance 586 and the Personnel Rules and Regulations. SECTION 16. Time Limits 7 TIME LIMITS A. _Compliance and Flexibility —Steps within the Grievance Procedures will be completed within (10) ten working days. With the written consent of both parties, the time limitation for any step may be extended or shortened. B. Calculation of Time Limits —Time limits for the appeal provided at each level shall begin the day following receipt of a written decision or appeal by the parties. C. Failure to Meet Timeliness —Failure at any level of this procedure to communicate the decision on a grievance by the City within the specified time limits shall permit lodging an appeal at the next level of the procedure within the time allotted had the decision been given. If the grievance is not processed by the grievant or grievant in accordance with the time limits, the decision last made by the City shall be deemed final. SECTION 17. Procedure GaOCEDUn ri IRE Grievances will be processed following the procedures set forth below. A. _Level I —Within ten (10) days of the date the employee reasonably knew or should have known of the incident giving rise to the grievance, the employee should make an effort to resolve the grievance with the employee's immediate supervisor. The supervisor shall hold discussions and attempt to resolve the grievance within ten (10) days. B. _Level II —In the event such efforts do not produce a mutually satisfactory resolution, the employee or employees aggrieved must reduce their grievance to writing and file it with the immediate supervisor. Under no circumstances shall the formal written grievance be filed more than ten (10) days from the date the employee knew or should have known of the incident giving rise to the grievance. Procedure for Filing a Grievance; 58 - 8L 140A 149V1 2560486.v4 Commented CW2421: Commented [LCW243]: CLA requested that in the event that the supervisor does not respond, the grievance shall advance to the next level. Commented [LCW244R2431: City: Will consider this proposal Page 222 of 379 City Supposal (8-201-2024) 7 In filing a grievance, the employee should set forth the following information: 2. aThe specific section of the Memorandum of Understanding, departmental or agency rules or regulations allegedly violated, misinterpreted or misapplied. 3. b-. The specific act or omission which gave rise to the alleged violation, misinterpretation or misapplication. 3c. The date or dates on which the violation, misinterpretation or misapplication occurred. 46. _What documents, witnesses or other evidence supports the grievant's position. 5e. _The remedy requested. C. Level III - If the grievance is not resolved by the immediate supervisor, the grievant may present the grievance in writing to the department head within ten (10) days. The department head will respond in writing within ten (10) days. D. _Level IV —If the grievance is not resolved by the department head, the gFie aRtrRay .,went tht, rit!Rg t the City nn-,. alter withiR teR (10) daysgrievance shall be resolved pursuant to binding arbitration, as set forth in Article 5, Section 19, Subsection C.. The Qfy fiRdiRgS of th s heaFi g shall be f.4I GMITIVrWIfni rZ-1J4■INI IMITI ■7JV&1 I ad!I NFN0.3IyY111R WOO IRMST■ITI■ NV,11 -------------- 4-0 SECTION 18. Grievance Conferences 59 - EL 140\149\12560486.v4 Commented [ACV245]: City restored the grievance procedure ending in final and binding arbitration as is provided in the current and operative MOU Commented [LCW2461: Non -substantive changes:: Potential TA. Page 223 of 379 City Supposal (8-201-2024) 7 Grievant(s) and City representatives, upon request, shall have the right to a conference at any level of the grievance procedure. L.` \A/�ITTCAI �AATCOI AI Gepies of written=matefia�h may be used for disemplinary purposes shall be provided to the empleyee prior to placement on their official pers-iii.a... shall h-.. permanent part of the employa6l; personnel file, Commented ILCW2471: Non -substantive change: Moved to Article SECTION 19. Binding Arbitration Agreement 6. Potential TA A. Civil Claims: Both the City and employees covered by this Memorandum of Understanding agree that the claims described in this Binding Arbitration Agreement, Section 9 (A) shall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act, in conformity with the procedures of the California Arbitration Act ("CAA") (Cal. Code Civ. Proc. Sec 1280 et. seq, including section 1283.05 and all of the CAA's other mandatory and permissive rights to discovery). Nothing in this Memorandum of Understanding 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. 4—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 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 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. 12-. Notwithstanding the provisions of this Section, employees covered by this Memorandum of Understanding 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 60 - 8L 140A 149V1 2560486.v4 Page 224 of 379 City Supposal (8-201-2024) 7 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. 2. 3To the fullest extent permitted by law, employees covered by this Memorandum of Understanding agree that they shall not join or consolidate claims submitted for arbitration pursuant to this Binding Arbitration Agreement with those of any other persons, and that no form of class, collective, or representative action shall be maintained 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. 24. The City shall bear the costs of any arbitration conducted pursuant to this Agreement, including the compensation of the Arbitrator, all administrative expenses, and CSR transcripts. 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. 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. 45. 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. B. Appeal of Discipline The Parties understand that employees covered by this Memorandum of Understanding are entitled to disciplinary appeal procedures under the City's Personnel Merit System Administrative Code. Under Administrative Code Section 1-6-8, employees have the right to have the Los Angeles County Civil Service Commission hear appeals from dismissal, demotion, and suspensions for a period of six (6) days or longer. The Parties agree that an employee covered by this Memorandum of Understanding may opt to have these disciplinary actions be submitted to binding and final arbitration. 1. The arbitration shall be held before a single arbitrator, who shall be an experienced labor and employment law arbitrator. The parties shall select an arbitrator from a list of seven arbitrators provided by the State Mediation and Conciliation Service. If the parties are unable to reach an agreement in the selection of a hearing officer, each shall strike names from the list until a final name is selected as the Arbitrator. 2. The City shall pay the costs of the arbitrator and court reporter fees and transcript, if a court reporter is requested by the parties. The parties shall be responsible for their own attorneys' fees and costs incurred in presenting their case to the Arbitrator. 61- 8L 140A 149V1 2560486.v4 Page 225 of 379 City Supposal (8-201-2024) 7 3. Any dispute over the validity, effect, or enforceability of the provisions of this Agreement, shall be for a court of law and not an arbitrator to decide. 4. Under this Agreement, Article 5, Section 19, Subsection 495'), the Arbitrator's authority Commented ILCw248l: Checked intemal cross reference. will be limited to determining: Whether the City has satisfied the seven tests of just cause; and, if not, what is the appropriate remedy. 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. The Arbitrator may not increase the level of discipline. 5. At least ten business days before the scheduled arbitration, the parties shall exchange the following information: -(i) a list of all witnesses each party intends to call during its case -in -chief; and (ii) copies of all documents each party intends to introduce during its case -in -chief. C. Contract Interpretation Disputes The Parties agree that any grievance filed under this Binding Arbitration Agreement of this Memorandum of Understanding that is an allegation of a violation, misinterpretation, or misapplication of this MOU, shall be subject to final and binding arbitration. The Association must file a written request for final and binding arbitration within ten (10) days of receipt of the City's response at Level III. 1. The arbitration shall be held before a single arbitrator, who shall be an experienced labor and employment law arbitrator. The parties shall select an arbitrator from a list of seven arbitrators provided by the State Mediation and Conciliation Service. If the parties are unable to reach an agreement in the selection of a hearing officer, each shall strike names from the list until a final name is selected as the Arbitrator. 2. The City shall pay the costs of the arbitrator and court reporter fees and transcript, if a court reporter is requested by the parties. The parties shall be responsible for their own attorneys' fees and costs incurred in presenting their case to the Arbitrator. 3. Any dispute over the validity, effect, or enforceability of the provisions of this Agreement, Article 5, Section 19:, Subsection 4C-.}, shall be for a court of law and not an arbitrator Commented ILCw249l: Checked intemal cross reference. to decide. 4. The Arbitrator's authority will be limited to interpreting the provisions of the Memorandum of Understanding and the Arbitrator has no authority to add to, subtract from, or modify the Memorandum of Understanding in any way. The Arbitrator shall have the authority to determine questions of arbitrability of contract interpretation disputes. 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. 5. At least ten business days before the scheduled arbitration, the parties shall exchange the following information: -(i) a list of all witnesses each party intends to call during its case -in -chief; and (ii) copies of all documents each party intends to introduce during its case -in -chief. 62 - 8L 140\ 149\I 2560486.v4 Page 226 of 379 City SMosal (8-201-2024) D. This Binding Arbitration Agreement, Article 5, Section 19, is entered into under the California Arbitration Act and the Meyers-Milias-Brown Act, and shall be interpreted and construed in accordance with the law and procedures developed under those respective statutes. ARTICLE 6 — OTHER PROVISIONS SECTION —1. Part -Time Employees Unless otherwise provided in this Agreement or required by law, benefited part-time employees represented by this bargaining unit shall be entitled to a proportionate amount of benefits and leaves as are provided to full-time employees based on the hours worked by the part-time employee. en4relled substanne n olnehel in the empleyee'o system. SECTION 42. Department of Transportation Drug Testing Guidelines The parties have agreed „pen Department of Transportation Drug Testing Guidelines shall apply to employees submect to such testing requirements. The parties have agreed 6 o Gatastrenhir Leave e Ronk Delinv SECTION 3. Street Maintenance Worker Duties The City may utilize employees working in the Street Maintenance Worker 1/11 mob classification for the purpose of providing concrete maintenance and installation services. The following limitations shall apply: 1. Employees shall not be required to perform such duties for a period exceeding ten (10) hours during each two -week pay period; and 2. Employees shall not be expected to pour more than one (1) yard of concrete each week. SECTION 4. Personnel File. VVRITTFN MAT 4 AI 63 - EL 140\1 49\1 2560486.v4 Commented [LCW250]: Checked internal cross reference. Commented CW251: Commented [LCW252]: City: New section providing for benefits and leaves for part-time employees. Commented [LCW253[: Page 227 of 379 City SMosal (8-201-2024) Conies of written material which may be used for disciplinary purposes shall be provided to the employee prior to placement in their official personnel file. The employee shall have the right to rebut any such document and have the rebuttal attached to the document prior to it becoming a permanent part of the employee's personnafk. SECTION 5. New Employees The City agrees to furnish each new employee in the bargaining unit with a copy of the MOU at the commencement of their employment. A. Employee Information Within 30 days of the date of hire or promotion or by the first pay period of month following hire or promotion, the City shall provide to designated Association board members the following information regarding newly hired or promoted employees: (1) their name; (2) hire date; (3) iob title; (4) department; (5) work location(s); (6) work telephone number; (7) home telephone number; (8) personal cellular phone number; (9) personal email address; (10) home address. The City shall provide a list of such information for all employees in the bargaining unit at least once every 120 days. The City shall provide this information regardless of whether the newly hired or promoted employee was previously employed by the City. B. Requests to Refrain from the Disclosure of Employee Information An employee may request that the City refrain from disclosing the employee's home telephone number, personal cellular telephone number and home address. C. Orientation Within 30 days of an employee's start date with the City or in the bargaining unit or as soon as practicable thereafter, the City will conduct a new employee orientation, either in person or virtually, for newly hired, promoted or demoted employees. The City shall provide the Association written notice of new employee orientations at least 10 business days prior to the orientation, unless there is an urgent need critical to City's operations that was not reasonably foreseeable that created the need for shorter notice. 64 - EL 140\149\ 12560486.v4 Commented [LCW2541: �ance procedure section. MLtial TA. Commented [LCW2551: CEA requests that this information be provided monthly. Commented [LCW256R2551: City: Propose to respond that the City will provide this information consistent with state law (i.e., every 120 days.) (Gov. Code § 3558.(a) Page 228 of 379 City SMosal (8-201-2024) In the event that the City provides an in -person new employee orientation within 30 days of the start date of the new employee(s), Association representatives shall be permitted to make a presentation of up to 30 minutes, and present written materials written materials to new employees who attend. In the event that the City does not provide an in -person new employee orientation within 30 days of the start date of the employee(s), the City shall work with the Union to schedule a time for the Association to make an in -person on -site presentation to the new employees. The City shall provide the Association an appropriate on -site meeting space within seven (7) days of receiving a request from the Association for such meeting space for this purpose. At such on -site meetings, Association representatives shall be permitted to make a presentation of up to 30 minutes, and present written materials written materials to new employees who attend. During the scheduled on -site meeting, the City will relieve the new employee(s) of their iob duties, unless doing so would adversely affect the City's operations. In the event that the City determines that an employee cannot be released because their release would adversely affect City operations, the City will inform the employee of the next scheduled Union presentation or meeting with new employees, so that the employee shall have the opportunity to attend that presentation or meeting. For employees who are not on duty during the scheduled on -site meeting, the City will compensate the employee as if they were on duty if they attend the meeting. New employees shall have the opportunity to attend the Union presentation or meeting, whether provided as part of the City's new employee orientation or otherwise. The City will not require that new employees attend the Association presentation or meeting, if they elect not to attend.) SECTION 6. Association Dues Deductions The City shall deduct dues on a regular payroll basis from the pay of Association members. Such deductions shall be authorized in writing on a form approved and provided by the Association for this purpose. The membership forms shall be retained by the Association. The City shall rely on a certification from the Association for the authorization, modification, or cancellation of any dues deductions. The City shall remit such funds to the Association within 30 days following their deduction. The City shall rely on a certification from the Association requesting a deduction or reduction that they have and will maintain an authorization, signed by the individual from whose salary or wages the deduction or reduction is to be made. The Association shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the 65 - EL 140\1 49\1 2560486.v4 Commented ILCW2571: hnbstanfive change: Revised to provide the law and conforms other MOUS. Potential TA. Page 229 of 379 City SMosal (8-201-2024) existence or terms of the authorization. The Association shall indemnify the City for any claims made by the employee for deductions made in reliance on that certification. The City shall direct all employee requests to cancel or change deductions to the Association. The City shall rely on information provided by the Association regarding whether deductions for Association membership were properly canceled or changed, and the Association shall indemnify the City for any claims made by the employee for deductions made in reliance on that information. Deductions may be revoked only pursuant to the terms of the employee's written authorization, Association Bylaws and this Agreement. The City shall deter or discourage employees or applicants for employment from becoming or remaining members of the Association, or from authorizing representation by the Association or from authorizing dues or fee deductions to the Association. SECTION 7. Complete Agreement This MOU contains all of the covenants, stipulations and provisions agreed upon by the City and the Association (hereinafter referred to as the "Parties") relating to employee wages, hours and other terms and conditions of employment. Therefore, for the life of this agreement, neither party shall be compelled to meet and confer with the other concerning any mandatory subject of bargaining that is covered by this Agreement. Except as set forth above, nothing herein shall be construed as a waiver of the Parties' rights to negotiate matters within the scope of bargaining.) If any provision or the application of any provision of this MOU as implemented should be rendered or declared invalid by a final court action or decree or preemptive legislation, the remaining sections of this MOU shall remain in full force and effect for the duration of said MOU. SECTION M9. Implementation of Agreement 66 - EL 140A 149V1 2560486.v4 Commented ILCW2581: Substantive change: Revised to provide Eguage that complies with the law and conforms to language in or MOUs. Potential TA.1 Commented [LCW2591: Commented [LCW260]: ml Page 230 of 379 City SMosal (8-201-2024) This MOU shall be jointly presented to the El Segundo City Council for implementation along with all the ordinances, resolutions and such other additional actions as may be necessary to implement the provisions of this MOU. If the City Council fails to adopt the necessary ordinances and resolutions to implement the provisions of this MOU, the parties agree to meet and confer. SECTION 429. Re-Aopener The parties agree that during the term of this Agreement, they shall re -open negotiations to discuss the following subiectsJ 1. Any amendments to the Personnel Merit System, Personnel Rules and Regulations or modification of Municipal Code that are within the scope of representation 2. IChanges to employee work schedules as a result of changes to ME)d'f'Gat'GR Of PFE)cess Any GhaRges are s bjeGt W mutual agreerReRt.the hours of operation at the 3. Changes necessary to comply with any Federal, State or Ilocall law concerning non-- ddiscrimi nation. MAs provided in Section 21 and pursuant to a request for reopener as described in that Section, changes to the Alternative Work Schedule. The assignment of work periods and schedules for Library employees as provided in Article 2, Section 19 ■ 67 - EL 140\149\1 2560486.v4 Commented CW261: Commented [LCW262]: CEA requested to remove reference to this lreopener item. J Commented [LCW263R2621: City: Propose to remove such reference as the change would necessitate bargaining in any event. Commented [LCW264R2621: Commented [LCW2651: CEA requested to remove reference to this reopener item. Commented [LCW266R2651: City: Propose to remove such reference as the change would necessitate bargaining in any event. Commented [LCW267R2651: Commented [LCW2681: to reopen Commented FACV2691: � Library Page 231 of 379 City SMosal (8-201-2024) 68 - EL 140\1 49\1 2560486.0 Page 232 of 379 City SMosal (8-201-2024) APPENDIX A - BARGAINING UNIT CLASSIFICATIONS CITY MANAGER Computer Graphics Designer Senior Network Assistant CLERICAL AND SECRETARIAL Senior Administrative Specialist Administrative Specialist Administrative Technical Specialist (Public Works) Office Specialist II Office Specialist I Records Technician BUILDING SAFETY Senior Building Inspector Building Inspector II Building Inspector I License/Permit Specialist 11 License/Permit Specialist I Office Specialist II ENGINEERING Civil Engineering Assistant Engineering Technician Public Works Inspector EQUIPMENT AND BUILDING MAINTENANCE CLASSIFICATIONS Custodian Equipment Mechanic 11 Equipment Mechanic I Equipment Service Worker Facilities Systems Mechanic Senior Ire -Equipment Mechanic PLANNING CLASSIFICATIONS Assistant Planner EL 140\ 149\1 2560486.v4 69 - Page 233 of 379 City SllppOSA (8-201-2024) Planning Technician Office Specialist II STREET MAINTENANCE CLASSIFICATIONS Street Maintenance Leadworker Street Maintenance Worker II Street Maintenance Worker I WATER/WASTEWATER CLASSIFICATIONS Water Maintenance Leadworker Meter Reader/Repairer Water Maintenance Worker II Water Maintenance Worker I Wastewater Maintenance Leadworker Wastewater Maintenance Worker II Wastewater Maintenance Worker I FINANCE CLASSIFICATIONS Accounting Technician Accounts Specialist II Accounts Specialist I Revenue Inspector License/Permit Specialist II License/Permit Specialist I Office Specialist II Office Specialist I FIRE CLASSIFICATIONS Fire Prevention Specialist LIBRARY SERVICES CLASSIFICATIONS Senior Library Assistant Library Assistant Library Clerk II Library Clerk I RECREATION AND PARKS CLASSIFICATIONS Recreation Coordinator Maintenance Craftsworker Tree Maintenance Worker Park Maintenance Worker II 70 - 8L 140\ 149\1 2560486.v4 Page 234 of 379 City Supposal (8-201-2024) Park Maintenance Worker I Pool Maintenance Technician Senior Park Maintenance Worker 71- EL 140\149\ 12560486.v4 Page 235 of 379 City Supposal(8-201-2024) For the City Employees' Association President Vice President Secretary/Treasurer Sergeant -of -Arms ��eRdell Phillips FSGF= Chief Negotiator, AFSCME Date EL 140\1 49\1 2560486.v4 For the City: Darrell George Greg Sacpenter City Manager Rebecca Rebyk ee-L,.49 Director of F�nnn Human Resources Alexander Vol berding9avi4-9erra44e Liebert Cassidy WhitmoreHiiman Rpsnwwnno MaRager Chief Neaotiator Date 72 - Commented [LCW2701: Page 236 of 379 RESOLUTION NO. Number 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 003 EL SEGUNDO CITY EMPLOYEES' ASSOCIATION 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 City Employees' Association; 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 $1,750.00 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, 2024. Page 237 of 379 Adopted at a regular meeting of the El Segundo City Council at El Segundo, CA, this 3,d day of September, 2024. Signed: Attest: Drew Boyles, Mayor Tracy Weaver, City Clerk Page 238 of 379 City Council Agenda Statement F 1 F �' t 1) �� Meeting Date: September 3, 2024 Agenda Heading: Staff Presentations Item Number: D.14 TITLE: Second Amendment to the City Manager's Employment Agreement, a Resolution Adjusting Associated Salary Range, and Accompanying Budget Appropriation RECOMMENDATION: 1. Approve a second amendment to the City Manager's employment agreement to provide a four percent (4%) base salary increase ($280,800 to $292,032) and extend the term through June 30, 2026. 2. Adopt a resolution to correspondingly adjust the annual salary range for the City Manager job classification. 3. Appropriate $14,351 to the FY 2024-25 budget to associated expenditure accounts. 4. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: The total fiscal impact of the proposed amendment is $14,351.21 for FY 2024-25. Funds were not included in the adopted FY 2024-25 budget and require additional appropriation from the General Fund Reserves. The budget breakdown is as follows: Expense: Amount Budgeted: $0 Additional Appropriation: $14,351 Account Number(s): 001-400-2101-4101 (Salaries Full Time) $11,232, 001-400-2101- 4201 (Retirement CaIPERS) $1,144.54, 001-400-2101-4202 (FICA) $859.25, 001-400- 2101-4203 (Workers' Comp) $78.62, 001-400-2101-4211 (401(a) Employer's Contribution) $1,036.80 BACKGROUND: Page 239 of 379 Second Amendment to the City Manager's Employment Agreement September 3, 2024 Page 2 of 3 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 set working conditions, as approved by the El Segundo City Council on June 21, 2022. The First Amendment to the Agreement was approved on August 15, 2023. DISCUSSION: On July 2 and August 20, 2024, the City Council conducted its annual performance evaluation of the City Manager, and on August 20, 2024, 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 second amendment to the Agreement ("Second Amendment") provides for a retroactive salary increase of four - percent (4%) beginning the pay period that includes July 1, 2024, adjusting the City Manager's base salary from $280,800 to $292,032. The Second Amendment would also extend the Agreement's term through June 30, 2026, and adjust the life insurance benefits from $500,000 to $350,000. CalPERS requires that a resolution be approved by the City Council to establish or modify a salary. Included with this staff report is a resolution to modify the salary for the City Manager position, which is represented as salary range ($280,800 to $308,880). The City Manager's proposed salary falls within the range. Pursuant to Government Code § 53262(a), this Agreement amendment was 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. If approved by the City Council, Human Resources and Finance staff will work together to implement adjustments in the Second Amendment to the Agreement. CITY STRATEGIC PLAN COMPLIANCE: Goal 4: Promote and Celebrate a Quality Workforce Through Teamwork and Organizational Excellence Strategy A: Enhance staff recruitment, retention, and training to ensure delivery of unparalleled City services and implementation of City Council policies. PREPARED BY: Rebecca Redyk, Human Resources Director Page 240 of 379 Second Amendment to the City Manager's Employment Agreement September 3, 2024 Page 3 of 3 REVIEWED BY: Rebecca Redyk, Human Resources Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Second Amendment - City Manager Employment Agreement - Darrell George 2. First Amendment City Manager Employment Agreement 3. City Manager Employment Agreement 4. Resolution Modifying the Annual Salary for the City Manager Page 241 of 379 SECOND AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN CITY OF EL SEGUNDO AND DARRELL GEORGE (CITY MANAGER) THIS SECOND 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 3rd day of September, 2024. City and City Manager (the "Parties") agree as follows: The Parties seek to amend the Agreement as set forth below. 2. Pursuant to Agreement Section 14(E), Agreement Section 2 (Term and At -Will City Manager Status) is amended to extend the term of the Agreement for one year, from June 30, 2025 through June 30, 2026. 3. Pursuant to Agreement Section 14(E), Agreement Section 4 (Salary) is amended to increase the "Base Salary," as such term is defined therein, from $280,800 to $292,032, and such increase will be retroactively effective to July 1, 2024 and include the pay period beginning on such date. 4. Pursuant to Agreement Section 14(E), Agreement Exhibit A, as referenced in Agreement Section 8 (Benefits) is amended to decrease the "Life Insurance," as such term is defined therein, from $500,000 to $350,000. 5. 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. 6. Except as modified by this Amendment, all other terms and conditions of the Agreement will remain the same. [SIGNATURES ON NEXT PAGE] Page 242 of 379 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 Tracy Weaver City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY Joaquin Vazquez Assistant City Attorney 2 Darrell George Page 243 of 379 Agreement No. 6420A 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 244 of 379 Agreement No. 6420A IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first hereinabove written. CITY OF EL SEGUNDO, CITY MANAGER, rjz-� �Y-7 QW9 Drew Boyles Darrell George Mayor f;I"Aaf� ATTEST: — AMf - Tracy Vlreaver City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY By: _ Jo0quin Vazquez Assistant City Attorney 2 Page 245 of 379 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 246 of 379 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 247 of 379 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 248 of 379 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 249 of 379 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 250 of 379 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 251 of 379 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 252 of 379 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. City of El Segundo Drew Boyles, r. Darrell George ~J Darrell George, City Manager Attest: By: Tracy Weave , ity Clerk Approved as to form: 613 a 2- Date 7,S, zZ Date 7.�-Uz,Z Date By: A tA tkj Vn ?a 2— Markensley, City A torney Date Page 8 of Pd It Page 253 of 379 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 254 of 379 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 255 of 379 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 256 of 379 FXHIRIT R 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 257 of 379 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. Specific 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 258 of 379 (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 259 of 379 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 260 of 379 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. 8.5Comprehension 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 261 of 379 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. 8.7 Later Discovery: 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. 8.80wnership 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. 9.3 Full 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. Page 262 of 379 9.4Continuing 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. 9.8 Counterparts: 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 263 of 379 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: By: City Attorney CITY OF EL SEGUNDO By: Mayor EMPLOYEE By: Darrell George M Page 264 of 379 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, MODIFYING THE ANNUAL SALARY RANGE 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 range: Classification City Manager Salary $280,800 to $308,880 Annually 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 July 1, 2024 and will remain effective unless repealed or superseded. PASSED AND ADOPTED this 3rd day of September, 2024. Drew Boyles, Mayor Page 265 of 379 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 , 2024, 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 266 of 379 City Council Agenda Statement F I, F �' t 1) �� Meeting Date: September 3, 2024 Agenda Heading: Staff Presentations Item Number: D.15 TITLE: Approval of the Revised Athletic Field/Facility Use and Allocation Policy RECOMMENDATION: 1. Approve the revisions to the Athletic Field/Facility Use and Allocation Policy 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: None. :Y_Tlg 201:16111011:3 The Athletic Field/Facility Use and Allocation Policy was originally created in 2004 by the Recreation and Parks Department with assistance from various El Segundo youth sports representatives. The policy established guidelines for the allocation of field space for user groups utilizing City athletic fields and facilities and also outlines governing rules for the Youth Sports Council and its charter organizations. Since its creation 20 years ago, the policy has undergone several revisions and amendments. To evolve with the changes over time with the various user groups and city resources, it is again necessary to review and revise the policy to improve its enforcement, clarity, and consistency. Additionally, in July 2014, the City Council approved a "Per Player Fee" for Youth Sports Organizations utilizing the city athletic facilities. The purpose of the fee is to provide partial cost recovery for the expenses incurred by the City to maintain and prepare the fields and facilities for their use. The fee was established as $10 per El Segundo Resident and $30 per Non -El Segundo Resident on the organizations' annual rosters. Since the institution of the per player fee, the rates have increased to their current rate of $15 per El Segundo Resident and $40 per Non -El Segundo Resident. Page 267 of 379 Approval of the revised Athletic Field/Facility Use and Allocation Policy. September 3, 2024 Page 2 of 3 DISCUSSION: In March 2024, a subcommittee was formed which included Department Staff and two members of the Recreation and Parks Commission. The subcommittee's role was to assist the staff with updating the policy as deemed necessary since it was last amended in 2022. The subcommittee met and updated the document to be consistent with departmental changes, Joint Use Agreement updates, facility maintenance needs and expectations, and city license agreement requirements. Recreation, Parks, and Library staff are recommending the following changes to the policy: Available Fields Following the amendment to the Joint Use Agreement between the City and El Segundo Unified School District in 2023, the City is now responsible for scheduling both Richmond Street School Fields and Center Street School Field, in addition to all city - owned fields. The schedule must be acceptable to both the City and the School District. The parties will meet twice a year to schedule fields and facilities for the Fall/Winter and Spring/Summer seasons to accommodate school and city programming. Field Allocation Recreation, Parks and Library Department staff will continue to use this policy and priority list when allocating fields. However, the Recreation, Parks, and Library Director will retain the right to make exceptions or other determinations of how fields are allocated, and permits are issued. The City retains the right to utilize any field for any City -sponsored activity, including events and other sports activities. All fields/facilities will be allocated to user groups quarterly instead of biannually. New Member Requirements Following the City of El Segundo Contract Guidelines, organizations must be able to provide current liability insurance, a City of El Segundo Business License, and Worker's Compensation Insurance. In addition, all new organizations that are added to the Youth Sports Advisory Council are put on a one-year probation. Field Use To ensure fields are being utilized properly, random audits will be conducted by the Recreation, Parks, and Library Department. Special Events Any special event (such as opening days, championships, parades, etc. that utilize outside vendors) must be submitted through the City's special event permit process through OpenGov 50 days prior to the event. Field Maintenance The City maintains and prepares city -owned fields prior to the start of each game day. Following each game, the league must maintain and prepare the infield. After the conclusion of the game day, the league must water down the infield, report maintenance Page 268 of 379 Approval of the revised Athletic Field/Facility Use and Allocation Policy. September 3, 2024 Page 3 of 3 issues, and clean both dugouts. For non -city -owned fields, Richmond Street and Center Street School are being maintained by El Segundo Unified School District, while Raytheon field is maintained by Raytheon. Any maintenance issues at non -City -owned fields must be reported to the responsible party. Wet Field Conditions Groups may not play on fields closed due to wet field conditions. It is the responsibility of groups to access field closure information by phoning the Field Conditions Hotline. Updates to the Hotline will be made after 12pm Monday -Friday and after 8am and 12pm on Saturday and Sunday. Each field will be assessed individually for closures. The updated Athletic Field/Facility Use and Allocation Policy was reviewed by the Recreation and Parks Commission and approved at the meeting on June 19, 2024. The Recreation, Parks, and Library Staff recommend that the revised policy be approved by the City Council. Goal 3: Deliver Solution -Oriented Customer Service, Communication, Diversity, Equity, and Inclusion Strategy A: Enhance proactive community engagement program to educate and inform the public about City services, programs, and issues. PREPARED BY: Chelsea Shafer, Sr. Administrative Specialist REVIEWED BY: Aly Mancini, Recreation, Parks and Library Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: Athletic Field and Facility Use Allocation Policy- 2024 Revisions Page 269 of 379 El Segundo LIES, PARKS, & (LIBRARY Athletic Field/Facility Use and Allocation Policy Recreation & Parks Commission - Approved: December 8, 2004 - Amendments #1 & 2: August 17, 2005 - Amendments #3 & 4: February 15, 2006 - Amendment#5: June 20, 2007 - Revised: June 20, 2007 - Amendment#6: April 16, 2008 - Revised: December 17, 2008 - Revised: February 18, 2009 - Revised: March 18, 2009 - Revised: January, 2015 - Revised: December 14, 2022 - Revised: May 15, 2024 City Council - Approved: December 21, 2004 - Approved: April 21, 2015 Introduction The City of El Segundo Recreation, Parks and Library Department, Recreation Division coordinates and issues permits for the use of athletic fields and facilities to organizations and the general public for cultural, social and recreational activities and programs. The City also coordinates the use of the Richmond Street School Fields and Center Street School Fields which is owned and maintained by the El Segundo Unified School District but is scheduled by the City along with Raytheon Fields that are owned and maintained by Raytheon. The purpose of this policy is to outline the City procedure and allocation priority for the permitted use of athletic fields/facilities. Due to the increased demand for the use of City fields it is imperative that all user groups abide by the policies and procedures set forth in this policy. Page 270 of 379 Athletic fields and facilities are permitted and allocated quarterly. The Recreation Division will monitor proper use of allocations and permits. Priority will be given to El Segundo Recreation, Parks and Library Department programs, El Segundo High School, El Segundo Youth group organizations and El Segundo residents. Recreation, Parks and Library Department staff will use this policy when allocating fields, however Recreation, Parks, and Librarystaffwill have the final decision on field allocation based on this policy, fairness to all affected groups, or other needs determined at the Recreation, Parks, and Library Director's discretion. The Recreation, Parks, and Library Director will retain the right to make exceptions or other determinations of how fields are allocated, and permits are issued. Submission of an Application and Agreement Request does not constitute approval. A group may dispute a decision made by staff by submitting an appeal to the Director of the Recreation, Parks and Library Department in writing with justification within ten (10) working days from the decision. Definition of Terms ResidentStatus Resident status is defined as groups or organizations with at least (75%) or more registered El Segundo residents. Team rosters and proof of residency will be required annually to verify residency status. Proof of residency may include providing copies of two of the following items: • Driver's License of participant or participant's parent if under 18 • Utility bill in participant's name or participant's parent if under 18 Alternatively, organizations may be required to sign a written agreement that they have verified residency of all participants. Falsification of proof of residency is grounds for immediate dismissal from the Youth Sports Council. Audits of team rosters may be conducted by Recreation, Parks and Library staff at anytime. Youth Status Youth status is defined as persons 18 years of age or under. Non-ProfitStatus To qualify as a Non -Profit user, the organization must meet all the criteria below. All Youth Sports Council groups must submit proof of non-profit status annually. The organization must be registered as a not -for -profit corporation with the State of California, or if not registered with the State, must have a constitution, bylaws or mission statement which clearly states the objectives of the organization are of a non-profit, non-commercial nature. The organization must be comprised of volunteers, (75%) of which must be El Segundo residents. The organization must submit the following: 1. If incorporated, submit State Incorporation papers and bylaws; if not incorporated, submit constitution and bylaws or mission statement. 2. Current financial statement. 3. Roster of Officers 4. List of persons authorized to make reservations for your organization; must be El Segundo residents. Page 271 of 379 City of El Segundo, Richmond Street School, Center Street School, and Raytheon Fields and Facilities Due to the limited number of fields and facilities available, the City of El Segundo Recreation, Parks and Library Department has established a priority use. Priority Group Qualification: Group 1-10 Priority use of fields/facilities will be allocated as follows. This priority list serves as a guideline for City Staff however the Recreation, Parks, and Library Director retains the right to allocate field space at their reasonable discretion. Group 1: City sponsored or co -sponsored events. City of El Segundo, Recreation, Parks, and Library Department youth or adult programs or leagues. Group 2: El Segundo Unified School District related programs. Group 3: Organizations part of the El Segundo Youth Sports Council. Youth programs, organizations, or events with 75% El Segundo residency status. (AYSO, Little League, ESGS) "Everybody Plays" Philosophy. "Grandfather Clause". At the onset of this policy, the El Segundo Babe Ruth Baseball League was "grandfathered" in at "Group 3" classification by maintaining 60% El Segundo residency. Group 4: Youth Qub programs, organizations, or events with 75% El Segundo residency status. Group 5: Adult programs, organizations, or events with 75% El Segundo residency status. Group 6: Youth Dub programs, organizations, or events with 60 — 74% El Segundo residency status. Group 7: Adult programs, organizations, or events with 60 — 74% El Segundo residency status. Group 8: Youth programs, organizations, or events with under 60% El Segundo residency. Group 9: El Segundo Businesses, with a current El Segundo Business License. Groups must consist of 75% employees from given business. Group 10: Adult programs, organizations, or events with under 60% El Segundo residency. Please Note: All regular use El Segundo sports organizations, within Priority Groups 3 —10 will schedule and play games on Sundays, if necessary, in an effort to allow for allocation of Saturday field time for other user groups within the El Segundo community. 1 Program: Any activity that is offered by the Recreation & Parks Department. A system of services, opportunities, or projects, usually designed to meet a social need. 2 Organization: Any group of participants organized for recreational purposes and associated with a specific purpose. A group of persons organized for a particular purpose; an association. 3 Event: Any contest or program related to sports or recreational activity. Example: camps, clinics, and/or tournaments. Page 272 of 379 Youth Sports Advisory Committee The Youth Sports Advisory Committee is a recommending body established and appointed by the Recreation & Parks Commission. Its purpose is to work cooperatively with City Staff in field allocation, help identify field allocation issues, and review field allocation and use policies when necessary. Any and all decisions made by the Youth Sports Council will be considered a recommendation to the Recreation & Parks Commission. Staff will present recommendations at the monthly Recreation & Parks Commission Meetings, when necessary. The Youth Sports Advisory Committee will meet a minimum of 2 times per year for allocation but may additionally meet as needed to discuss pending issues or concerns. r-Organizations of the Youth Sports Advisory Gemmithato Council The charter members of the Youth Sports Advisory wee Council are listed below. These organizations will remain a part of the Youth Sports Advisory Committee regardless of status unless that Organization, the Committee, or the City of El Segundo Recreation, Parks, and Library Department decide otherwise. Each organization below is designated as an "Everybody Plays" organization unless otherwise noted. Organizations wishing to change their name or status must re -apply under the "New Member Organizations" guidelines. • Eagles of El Segundo Youth Football and Cheer El Segundo Little League • El Segundo AYSO El Segundo Inline Hockey • El Segundo Babe Ruth El Segundo Unified School District • El Segundo Girls Softball El Segundo Youth Volleyball (USYVL) • El Segundo Lacrosse Voting Member Organizations All Voting Members must meet and maintain the following: 1. Only those organizations qualifying within Priority Allocation Groups 1 — 4 AND maintaining 75% El Segundo residency (overall organization membership) shall be designated as a voting member organization in the Youth Sports Advisory Commission Council. El Segundo residency status will be monitored through league rosters and will be reviewed bi-annually in February and SeptembeF August for that organization's primary season. If at any time a designated voting member organization does not meet these requirements, that organization will lose voting privileges. 2. Any and all organization representatives designated as a voting member must be a current El Segundo resident and maintain El Segundo residency during the course of the designation. El Segundo residency will be monitored through Board rosters and will be reviewed prior to that group's primary season. If at any time a designated voting member does not meet this requirement, that respective organization must designate a new voting member to the Youth Sports Advisory wee Council. 3. El Segundo Babe Ruth will maintain voting rights provided their residency remains at or above 60%. New Member Organizations Any new organization wishing to join the Youth Sports Advisory Committee must submit their request in writing to the Recreation, Parks, and Library Department and meet the following criteria: • Have at least 100 El Segundo Resident Players in their organization • Submit league rosters containing at least 75% El Segundo Residents • The organization must be registered as a not -for -profit with the State of California. • The organization must be able to provide current liability insurance, City of El Segundo Business License, and worker's compensation insurance. • All new organizations that are added to the Youth Sports Advisory Council are put on a one-year probation. Page 273 of 379 Good Faith Rule All Youth Sports Advisory Committee will work together in "good faith" to accommodate as many El Segundo based youth sports organizations as possible on City controlled fields. Per Player Fee Youth Sports Advisory Committee Organizations are required to pay a per player fee as mandated by City Council in May 2014. Rules for the Per Player Fee and these organizations are as follows: 1 . The per player fee applies to all players and teams that practice or play on City of El Segundo fields during regular season practices and games. 2. If a portion of the league does not utilize a City of El Segundo field, they are not required to pay the fee for those players that do not use the field during the regular season. 3. If a league has teams that come from outside the City to participate in regular season games, then these leagues must either: a. Pay the per player Fee for all teams (Resident and Non -Resident) in their respective organization that utilize City fields. or b. Pay the per player fee for Resident teams that utilize City fields and in addition pay these per hour rates: El Segundo Team vs. Non -Resident Team pay % ES Non -Profit Field Rate per hour Non -Resident Team vs. Non -Resident Team pay full ES Non -Profit Field Rate per hour The deadline for payment of this fee to the Recreation, Parks, and Library Department is 2 weeks after the start of that organization's primary season. Refunds for the per player fee will not be issued once the fee is paid to the City of El Segundo, but an organization can rollover any unused fee to the next primary season due to player withdrawal upon providing proof to the City that said player was withdrawn and refunded their league fee. All payments can be made by cash, check, money order, or credit card (Visa, Mastercard, American Express) to the Recreation, Parks, and Library Department for reservations made throughout the season. Three Strikes Rule The purpose of the Three Strikes Rule is to implement a systematic method of enforcing the Municipal Code and Athletic Field Use and Allocation Policy. The Three Strikes Rule will apply in the event that rules or regulations of this policy or City of El Segundo Municipal Code are violated by a Youth Sports Advisory Committee Organization. The City reserves the right to cancel or suspend field/facility permits for games, practices, and other usages based upon user groups violating the City Municipal Code or the established Athletic Field Use and Allocation Policy. STRIKE ONE Strike one consists of a verbal warning to the organization in direct violation of the City Municipal Code or Athletic Field Use and Allocation Policy. The verbal warning will be documented, and a copy will be provided to the organization. Page 274 of 379 STRIKE TWO Strike two consists of a written warning (via letter or e-mail) to document the violation within the permit period. STRIKE THREE Strike three consists of a second written warning (via letter or e-mail) to document the violation and possible cancellation of field/facility permit within the permitted period. Process for Obtaining Permits Requests to permit the use of City fields and facilities in El Segundo are made through the City of El Segundo Recreation, Parks, and Library Department, Recreation Division at 401 Sheldon Street, El Segundo. GFeUPs- of' 0 or more All groups who wish to utilize an athletic field or facility must complete an appropriate application and the rules and regulations form. Fields/facilities are allocated to user groups in bi annual quarterly periods. Youth Sports Advisory Committee Organizations requesting space must submit their request at or before the Bi-Annual Youth Sports Advisory Committee Field Allocation Meetings. Organizations may make requests by e-mail or phone, but are still required to sign and submit an Athletic Field/Facility Use Rules and Regulations form, Application and Agreement Request for Use of City of El Segundo facilities, and Hold Harmless and Indemnity Agreement form at the end of this policy. If fields and facilities are not used as requested, permits may be rescinded. Groups or organizations not using fields and facilities as stated may lose their permitted time and/or priority allocation consideration for future allocations per the 3 Strikes Rule. Deadlines for required Youth Sports Organization information and documents are: • Proof of Insurance: due by February 1 for spring primary seasons and August 15 for fall primary seasons. • Game and practice schedules: due two (2) weeks prior to that league's respective opening day and will be used by City staff to insure fields are being used as allocated. • Final Board and League Rosters: due one (1) week following final league registration date. Multiple -use reservations may be made for more than one date or with recurring weekly use. Any person or organization missing these deadlines will have access to any remaining fields/facilities after the allocation process is finalized on a first come first served basis. Submission of an Application and Agreement Request for Use of City of El Segundo facilities does not constitute approval. Approval is given according to allocation policy, after fees are paid and when a permit is issued. Every effort will be made to accommodate user group's use of fields. Priority of fields will be given to primary season sports, then by priority grouping. This means that primary season holds precedence ONLY within each priority grouping level. • Baseball, Football and Cheer, Softball, Lacrosse, Volleyball: February 1—August 31 • Soccer, Inline Hockey: September 1— January 31 Sport Specific Fieid Designation & Use The following fields have been designated as sport -specific athletic fields: • Stevenson Field HARDBALL BASEBALL ONLY • Rec Park Softball Field SOFTBALL, BASEBALL & KICKBALL ONLY *The City retains the right to utilize any field for any City sponsored activity including events and other sport activities. Page 275 of 379 Liability Insurance Requirements FACILITY USER shall secure and maintain throughout the period of use contemplated under this agreement, general liability insurance with policy limits of not less than $2,000,000 per occurrence. The City of El Segundo, it's elected, and appointed officials, officers, agents and employees shall be named as additional insured by endorsement. Such policy or policies of insurance shall further provide that said policies of FACILITY USER shall be primary over any insurance held by CITY that may be applicable. The types and limits of insurance may be changed from time to time as determined by the City of El Segundo Fiscal Services Manager. FACILITY USER agrees to hold the City of El Segundo harmless and free from any liability of any nature arising out of the use of City Recreational Facilities, to include reimbursement of any legal costs and fees incurred in defense of such claims. Notice of Field Exchange Organizations may give up or exchange their allocation, or any part of it, with an organization of equal or greater allocation priority only when all the parties agree in writing and the Recreation Division reissues the permit. Notice of Non -Use of Field Any organization that has reserved space and does not intend to use it according to the permit, shall notify the Recreation Division so that the fields/facilities may be reallocated or otherwise used at its maximum. User groups with fee waivers may be billed for fields that they have reserved and have not used (see Permit Cancellation). Also, non-use of a field may result in revocation of the allocated field. Please see "Three Strikes Rule". Notice must be given to return field space within two weeks of the first date of field use. If field space is not returned by this deadline and the field is unused, the organization may be charged for the City's loss of rental revenue. Random audits will be conducted bythe Recreation, Parks, and Library Departmentto ensure field space is being utilized or returned properly. PermitCancellation The City of El Segundo reserves the right to cancel, refund, and/or reschedule permitted reservations in the event that one of the following occurs: • When the health and safety of participants are threatened due to inclement weather or conditions including but not limited to heavy rains, smog alerts, pesticide spraying, and earthquakes. • City begins work involving any of the facilities. • Non -adherence to Athletic Field/Facility Use and Allocation Policy or City ordinance. • ESUSD cancels use of fields under the direction of their administrative office. Permits canceled for paid reservations at least 10 days prior to the reservation will be refunded the entire amount less a $10 Administrative Fee. Permits canceled less than 10 days prior to the reservation date will be charged a $50 cancellation fee. Page 276 of 379 Post -Season Tournaments 1. Each youth sports organization in the City of El Segundo is allowed to host one free (no charge) tournament each season during their primary season. 2. All tournaments may not last any longer than 2 calendar weeks over a maximum of 3 weekends ... for a total of 16 days. 3. All tournaments must end within 60 days of the completion on the season of the host youth sports organization. • With exception of the El Segundo AYSO All Star Tournament hosted at Campus El Segundo. 4. Any group that wishes to host a tournament in addition to the one free (no charge) tournament within their primary season must pay rental fees. 5. Any group that wishes to host a tournament outside of the 60-day window and within their primary season must request in writing and subsequently receive approval from the Recreation & Parks Commission. 6. All tournament requests are subject to athletic field availability. 7. All tournament requests must be submitted in writing a minimum of 60 days prior to the start of the tournament. * Any El Segundo based organization making a "Special Request" of the Recreation & Parks Commission to operate outside of the current Athletic Field/Facility Use & Allocation Policy must send a representative from its current Board to the Recreation & Parks Commission Meeting for which their" Special Request" is added to the agenda. * Regular Season: Period of time during a primary season in which regularly scheduled games are played. Must be part of the permit period, but does not include playoffs ortournaments. Page 277 of 379 Camp/Clinic 1. El Segundo resident youth sports organizations are allowed to host one free (no charge) camp or clinic each calendaryear. 2. All camps/clinics may not last any longer than a total of five (5) days. 3. All camps/clinics may not last any longer than 7 hours per day, for a total of 35 hours per week. 4. Any group that wishes to host a camp/clinic in addition to the one free (no charge) camp/clinic must pay field rental fees. 5. Any group that wishes to host a camp/clinic outside of the five (5) day maximum or longer than 7 hours per day must request this in writing and subsequently receive approval from the Recreation & Parks Commission. 6. All camp/clinic requests are subject to athletic field availability. 7. All camp/clinic requests must be submitted in writing a minimum of 60 days prior to the start of the camp/clinic. * Any El Segundo based organization making a "Special Request" of the Recreation & Parks Commission to operate outside of the current Athletic Field/Facility Use & Allocation Policy must send a representative from its current Board to the Recreation & Parks Commission Meeting for which their" Special Request" is agenized. (Revision: December 2008) * A typical camp/clinic traditionally would run Monday through Friday, but may run for any amount of time less than or equal to 5 calendar days. * A typical camp/clinic would be from 9 am — 3 pm, with a reservation from 8:30 am — 3:30 pm, for a total of 7 hours of field time. The additional half and hour before and after are to accommodate set-up and break -down. Page 278 of 379 Miscellaneous Rules • All groups wishing to utilize a field must acquire a permit with the City of El Segundo. Field use permit must be available during use and presented to any City representative upon request. It is the League/organizations president or their Field Coordinator's responsibility to make sure coaches receive and understand that permits must be on site during field use. • It is the responsibility of the organization president and the individual identified as the person in charge of the permit to enforce the rules and regulations regarding the conduct of the group while on permitted facilities. • Use begins and ends at the times stated on the permit including set-up and clean up. Groups are not allowed on fields prior to the start time on the permit and are required to have the fields clean, picked up and be off the fields at the ending time indicated on the permit. Check your permit for specific times you may access the fields. • Use will end at dusk on unlighted fields and by 9 pm or 10 pm on lighted fields except where noted on Site Specific Field Use (page 11). Check your permit for specific times you may access the fields. • Parking is allowed in designated areas only. No vehicles are allowed on City or District fields or property, other than parking lots, without written permission noted on the permit issued by the City of El Segundo. User groups must inform their participants and spectators to park in facility parking lots and public parking areas. • Smoking is not allowed at any City of El Segundo facility where youth sports are occurring including tobacco, drugs, or simulated smoking devices. • Alcoholic beverages are not allowed in City parks, fields, schools, or adjacent areas (E.S. Municipal Code, SEC. 13.04.040) • Selling food or other items is not allowed without City approval and must be noted on the permit. • Amplified sound is not allowed on any field without City approval and must be noted on the permit. The use of artificial noisemakers, horns, rattles, bells, and whistles by spectators are not allowed. • Banners may not be posted without City approval and noted on your permit. • Balls and any other equipment thrown, batted, kicked, or otherwise land on private property must not be retrieved without the property owner's permission. • Property boundary walls and fences are not to be used as backstops at any time. • Portable goals and/or markers are allowed but must be removed daily. • Any special events (such as opening days, championships, parades, etc.) must be submitted through the City's special event permit process through OpenGov 50 days prior to event. Please leave school and park areas immediately after games and practices safely and quietly. For the benefit of our community, please practice being good neighbors in residential neighborhoods. Page 279 of 379 Starting & Ending Use Times City fields may be permitted as available beginning 8 am Unlit field use ends at dusk. Lighted field use ends at 9 pm or 10 pm depending on location. Check your permit for specific times you may access the fields. Exceptions to these time frames may be allowed with the permission of the Recreation, Parks, and Library Department. Site Specific Field Use Some sites have restricted use due to the location of the athletic fields, neighborhoods with limited parking and/or fields directly adjacent to residences. Additional site -specific measures may be added to reduce resident concerns adjacent to the athletic field facilities. Check your permit for specific times you may access the fields and the number of fields allocated for your use. Inclement Weather Field Closures In the event of inclement weather fields may be closed. It is the user group's responsibility to call the Recreation, Parks and Library Department Field Conditions Hotline at (310) 524-2883 after 12:00 pm Monday through Friday or after 8:00 am Saturday and Sunday to verify field closures. Groups cannot play on fields that have been closed. Traffic and Parking User groups must inform their participants and spectators to park in facility parking lots and public parking areas. If needed, user groups should post directional signs to assist participants and spectators to appropriate parking areas. When traffic and/or parking are an issue or during post -season tournament play, the user group or organization must provide volunteers to direct participants and spectators to designated parking areas. It is the user's responsibility to alleviate traffic and parking issues. No vehicles are allowed on City or District fields or property, other than parking lots, without written permission noted on the use permit issued by the City of El Segundo. Meeting Rooms Each Youth Sports Advisory Committee Organization may utilize Recreation, Parks, and Library Department Facilities and Meeting Rooms when available throughout the year. These reservations may include but are not limited to registration dates, board meetings, and coaches meetings. Organizations can make a reservation by contacting the designated representative from the Recreation Department. Each group is limited to the following number of reservations per calendar year: • 1 monthly meeting (12 per calendar year) • 3 registration meetings • 3 miscellaneous meetings • Photo day reservation as necessary Field Maintenance Field Duties Between Games by Leagues: 1. First scheduled game is prepped by City Maintenance Staff. 2. Following each game, league coaches or field manager for league, will assign coaches to prep infield. 3. Prepping the infield before games includes: Page 280 of 379 a) Drag the infield smooth. b) Water infield brick dust light spray. c) Pitcher's Mound & Home Plate - Rake, tamp mound, remove excess brick dust on grass area and light water spray. d) Chalk Infield. 4. Prepping the fields after the last game includes: a) Water infield and mound. b) Clean both dugouts. c) Report scoreboard or field lights that are out of service immediately. Rest and Renovation An annual rest and renovation program is scheduled at all allocated sites. The City does attempt to be flexible in accommodating user groups but, ultimately, the health and safety of the user and the condition and playability of the fields or facilities takes priority. This may require the closure of fields or facilities, denial of use of a field, and/or alternate sites for athletic use. Field/Facility Closures Fields/Facilities may be closed at the discretion of the Recreation Superintend , ,* Manager and/or Parks Superintendent or their designated representatives. Closures are kept to a minimum when fields/facilities remain in playable condition. Priority is given to maintenance needs and rest and renovation periods for all fields. The City may close field facilities for any of the following: 1. City engages in work involving any of the fields or facilities. 2. When the health and safety of participants are threatened due to impending conditions, including but not limited to, rain, muddy conditions, smog alerts, pesticide application and earthquakes. ANNUAL FIELD CLOSURES Stevenson Field 2nd week of December — February 14 and July 5th-September 30th Softball Field Winter Closure — Field closed December 1st, and opening February 1st No summer closure Richmond Street & Center Street School Field Maintained by ESUSD Raytheon Field Maintained by Raytheon Brett Field Winter Closure —Second week of December and opening one week before Opening Day Summer Closure - Every other year the City will close the field in early September for rest and renovation. Page 281 of 379 Athletic Field Lining/Marking Youth Sports Advisory Committee Council Organizations may request special lining of City fields if approved by the Recreation, Parks, and Library Department. Under no circumstances are organizations allowed to paint or burn lines onto fields. Any organization failing to comply with these are subject to pay for all damages occurring to the facility and may be subject to loss of field space. FieldModifications Requests to modify or improve any City facility shall be submitted for review to the City of El Segundo Recreation Division for consideration. No permanent structures or equipment shall be erected on facility unless approved by the City and is dedicated for community use. Requests to modify field size for multiple use shall be submitted for review to the City of El Segundo Recreation Division for consideration. Users may not modify a field for use by more than two teams without approval noted on your permit. Adding additional fields to a site without permission will result in a Strike. Please see "Three Strikes Rule". Modified fields for multiple use will be billed appropriately. Trash/Field Clean -Up The City of El Segundo Recreation, Parks, and Library Department asks all youth leagues or athletic field user groups to institute a field clean-up policy that will be enforced at all the fields and facilities for both games and practices. It is each organizations responsibility to ensure that the following is 1. Following a game or practice session, teams are responsible for picking up all trash and debris at or around the field or practice site. This applies whether the trash or debris was at the site before the game or practice commenced. Teams are also to make sure that all equipment is picked up as well. 2. Each Coach / Manager is responsible for making sure that this policy is strictly enforced and adhered to by coaching staff and players at every game and practice. City of El Segundo Recreation, Parks, and Library Department Field Ambassadors will actively monitor the game, practice fields and facilities to ensure that the policy is being followed. Parks Maintenance Staff Field Safety The City of El Segundo Recreation, Parks, and Library Department asks each youth sports organization or athletic field user group to institute a no practice policy during any and all times that a Parks Maintenance Staff i s working on the infield and/or play area. No team shall participate in any activity that may endanger the Parks Maintenance Staff worker that is working on or preparing the field of play. This includes, but is not limited to, infield practice, hitting/batting practice and/or base running. It is agreed upon that a reasonable amount of space/distance will be given to the Parks Maintenance Staff to complete their tasks before any encroachment upon their work areas. Each organization is responsible for making sure that this policy is strictly enforced and adhered to by ma nage rs/coaches. Page 282 of 379 ATHLETIC FIELD/FACILITY USE RULESAND REGULATIONS 1. All groups or more individuals wishing to utilize a field/facility must acquire a permit with the City of EI Segundo. 2. It is the responsibility of the person in charge identified on the permit to enforce the rules and regulations regarding the conduct of the group while on permitted facilities. These rules include but are not limited to: o Use will begin no earlier than 8 am — Monday — Saturday and no earlier than 9 am on Sunday. Use will end at dusk on non- lighted fields and by 10 pm on all lighted fields; except Richmond St. Field, which closes at 9 pm. Please check your permit for specific times you may access the fields. o Use begins and ends at the times stated on the permit, including set-up and clean-up. Groups are not allowed on fields prior to the start time on the permit and are required to have the fields clean, picked up and be off the fields at the ending time indicated on the permit. o Parking is allowed in designated areas only. o Applicant's Field Use Permit must be available during use and presented to any City representative upon request. o Alcoholic beverages are not allowed in City parks, fields, schools, or adjacent areas. (E.S. Municipal Code, SEC 13.04.040) o Selling of food or other items is not allowed without City approval and will be noted on your permit. o Amplified sound is not allowed on any field without City approval and will be noted on your permit. The use of artificial noisemakers, horns, rattles, bells, and whistles by spectators are not allowed. Applicant is responsible for notification to residents adjacent to the field requested during any and all special events. o Permanent banners may not be posted without City approval and will be noted on your permit. o Balls and any other equipment thrown, batted, kicked, or otherwise land on private property must not be retrieved without the property owner's permission. o Property boundary walls and fences are not to be used as backstops at any time. o Portable goals and/or markers are allowed but must be removed daily. o At the conclusion of games or practice each user group is responsible for picking up trash and debris and depositing it into t h e proper trash bins. The field and any adjoining areas affected by a group's use must be picked up and cleared of all trash. o Please leave school and park areas immediately after games and practices safely and quietly, especially after late games. Please practice being good neighbors in our residential neighborhoods. Page 283 of 379 3. Wet Field Policy: Groups may not play on fields closed due to wet field conditions. It is the responsibility of groups to access field closure information by phoning the Recreation, Parks, and Library Department Field Conditions Hotline @ (310) 524-2883 after 12 pm Monday — Friday or after 8 am Saturday and Sunday. A secondary update to field conditions may be made by 12pm on Saturday and Sunday. Each field will be assessed individually for closures. 4. Non -adherence to any of these rules or City ordinance may result in the retention of a portion or all of the deposit and/or result in the cancellation of current and/or prohibition of future use. Applicant Name: (Print) (Title) Approve (Signature) (Date) d by City Representative: (Print/Signature) (Date & Title) Page 284 of 379 Application and Agreement Request For Use of City of El Segundo Athletic Fields/Facilities In accordance with the Joint Use Agreement between the City of El Segundo and El Segundo Unified School District, the City will be the responsible agency for scheduling and permitting all City owned and Richmond Street and Center Street fields and athletic facilities located within El Segundo City limits after 4 p.m. weekdays and all day on weekends. Submission of an Application and Agreement Request does not constitute approval. Approval is given according to the allocation policy, field/facility availability, after fees are paid and when a permit is issued. Organization Name of Applicant Address Home Phone () Fax Number () Field/Facility Requested Description of Activity Estimated Attendance El Segundo Recreation Division 401 Sheldon Street, El Segundo CA 90245 Phone 310-524-2700 www.elsegundo.org City & zip Day Phone () E-Mail Address Open to the Public Yes No Day of Week Dates (s) Start Time - Include Set-up End Time Page 285 of 379 ** Lining/Marking of athletic fields is prohibited unless otherwise authorized by Parks Superintendent ** 1 verify that the information on this Application and Agreement Request for Use of Athletic Fields / Facilities form is correct as defined in the Athletic Field Use & Allocation Policy and understand the possible consequences if the information is incorrect or misleading within the acceptable boundaries as described in the allocation policy. 1 have read the Application and Agreement and agree to all provisions listed on this Application, the Athletic Field Use & Allocation Policy, Rules and Regulations and disclaimers applied to issued permits and will communicate this information t o our coaches and participants. Signature of Applicant Signature of Organization President or AD Date Dote The City of Ei Segundo does not assume responsibility of liability for claims, damages, or injuries, of whatever nature, which may arise from use of the fields. Dated this day of 120 Recreation Supervisor or Designee 1, the authorized representative of , do hereby acknowledge that 1 have read the terms and conditions of this field allocation policy; that the terms and conditions are acceptable, and User Group agrees to abide by, comply with, and accept full and complete responsibility therefore. Dated this day of 120 By: , League President or Authorized Representative Page 286 of 379 .11101 City Council Agenda Statement E L S E G U N D O Meeting Date: September 3, 2024 Agenda Heading: Staff Presentations Item Number: D.16 TITLE: First Reading of an Ordinance Amending El Segundo Municipal Code Titles 7, 9, and 10 to Establish Camping and Associated Regulations on Public Property and Rules of Conduct for the El Segundo Public Library RECOMMENDATION: Read by title only, waive further reading, and introduce the proposed ordinance amending El Segundo Municipal Code Titles 7, 9, and 10 to establish camping and associated regulations on public property and rules of conduct for the El Segundo Public Library and find that such actions are exempt from the California Environmental Quality Act, pursuant to Guidelines §§ 15060(c)(3), 15061(b)(3), and 15378. 2. Direct staff to schedule a second reading of the ordinance for the regular September 17, 2024 City Council meeting or as soon thereafter it may be considered. 3. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: While activities to ensure constitutional due process and carry out enforcement will require personnel and storage space, it is not currently anticipated that such requirements will cause a fiscal impact on the City's General Fund. BACKGROUND: On June 28, 2024, the U.S. Supreme Court ("Supreme Court") issued its ruling on the City of Grants Pass, Oregon v. Johnson et al. case regarding Grants Pass's ordinance penalizing camping on public property. The text of the opinion is available for download here: https://bit.ly/3LEOmYO. In its ruling, the Supreme Court upheld the city's anti - camping restrictions, rejecting prior legal precedent from the U.S. Court of Appeals for Page 287 of 379 First Reading of an Ordinance Amending the El Segundo Municipal Code Titles 7, 9, and 10 to Establish Camping and Associated Regulations on Public Property and Rules of Conduct for the El Segundo Public Library September 3, 2024 Page 2 of 5 the Ninth Circuit's decision in Martin v. Boise that previously found anti -camping laws constituted cruel and unusual punishment under the Eighth Amendment of the U.S. Constitution unless adequate shelter space was available. Accordingly, such anti - camping laws may be enforced regardless of whether adequate shelter space is available within the given jurisdiction. The Supreme Court touted Grants Pass's "multifaceted approach" to the homelessness crisis that respects the homeless population's constitutional rights (e.g., due process) and property interests of the homeless population. The Supreme Court observed Grants Pass's "light -touch approach to enforcement" that was paired with a "homeless community liaison" that provides such individuals in need with information about assistance programs and other resources. The Supreme Court held that Grants Pass's generally applicable public -camping laws are constitutionally valid so long as they do not criminalize the status of homelessness. Grants Pass's public -camping ordinance criminalizes actions undertaken by any person, regardless of status. The Supreme Court emphasized that it makes no difference whether the charged defendant is currently a person experiencing homelessness, a backpacker on vacation, or a student who abandons a dorm room to camp out in protest on the lawn of a municipal building. Use and enforcement of these laws prohibiting camping are not to criminalize homelessness but are important tools to encourage individuals experiencing homelessness to accept services and to help ensure safe and accessible sidewalks and public spaces. Within this regulatory space, Governor Gavin Newsom's July 25, 2024 Executive Order N-1-24 encourages cities to apply for the newly available $3.3 billion in competitive grant funding from Proposition 1 to establish or expand care to those experiencing mental health and substance use disorders, with a focus on homeless while ordering state agencies to adopt clear policies that urgently address homeless encampments. It is recommended that hte City explore this and other funding options as it looks to augment its regulatory approach. With regard to the El Segundo Public Library ("Library"), state law authorizes municipal library boards of trustees to "make and enforce all rules, regulations, and bylaws necessary for the administration, government, and protection of the libraries under its management, and all property belonging thereto." (Ed. Code, § 18919.) On December 4, 1990, the City Council adopted Resolution No. 3665 to establish the El Segundo Board of Library Trustees ("Library Board"). Subsequently, the Library Board has adopted various iterations of El Segundo Library Rules of Conduct ("Library Rules"), in accordance with state law. Given increased violations of the Library Rules in recent years, including numerous from individuals experiencing homelessness, it is recommended that the Library Rules be observed and incorporated into the El Segundo Municipal Code (ESMC) to apply the ESMC's enforcement options to violations of the Page 288 of 379 First Reading of an Ordinance Amending the El Segundo Municipal Code Titles 7, 9, and 10 to Establish Camping and Associated Regulations on Public Property and Rules of Conduct for the El Segundo Public Library September 3, 2024 Page 3 of 5 Library Rules and facilitate the safe and efficient operation of the Library. DISCUSSION: Proposed for City Council first reading is an ordinance that would establish and update regulations in the ESMC in light of the Supreme Court's Grant Pass decision. The proposed modifications to the ESMC are as follows: Updating of ESMC § 7-6-1 (Use of Vehicles for Human Habitation) to expand the existing prohibition of overnight habitation from specific locations (e.g., street, beach, park, etc.) to include all "public property" in the prohibition. Creating a new ESMC Chapter 7-8 (Prohibited Camping and Right of Way Obstruction) to model Grants Pass's camping prohibitions, as follows: o Prohibiting setting up or remaining at a campsite, which would be defined as, "any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established, or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof." (emphasis added.) o The El Segundo Police Department (ESPD) can remove campsites if at least 24-hour notice is provided in advance and notice is provided to social service agencies that can provide services to homeless individuals. Individuals will have 30 days to confirm ownership and regain custody of personal property that ESPD confiscates that is not held as evidence of a crime (e.g., drug paraphernalia and weapons). o Violators will be subject to civil citations, and upon the third violation within one year, a violator will be prohibited from the property where the violation occurred, and if the 30-day ban is violated, the City may enforce the violation as criminal trespass subject to a fine not exceeding $1,000 or imprisonment for not more than six months, or both, pursuant to Penal Code § 19. Moreover, violations of the ESMC are subject to administrative, civil, and criminal enforcement via ESMC Chapters 1-2, 1- 2A, and 7-1. The new proposed ESMC Chapter 7-8 (Prohibited Camping and Right of Way Obstruction) would also prohibit certain obstructions in the public right of way. This would prohibit sleeping, lying or storing personal property on any public sidewalk, street, or alleyway. Updating of ESMC Chapter 10-1 (Park Rules and Regulations) to update its current park camping restrictions to cross-reference to the new broad public property camping restrictions that will be set forth in the new ESMC Chapter 7-8. Updating of ESMC Chapter 10-3 (Beach Regulations) to update its current beach Page 289 of 379 First Reading of an Ordinance Amending the El Segundo Municipal Code Titles 7, 9, and 10 to Establish Camping and Associated Regulations on Public Property and Rules of Conduct for the El Segundo Public Library September 3, 2024 Page 4 of 5 camping restrictions to cross-reference to the new broad public property camping restrictions that will be set forth in the new ESMC Chapter 7-8. With regard to the Library, the ordinance would: • Amend ESMC § 9-7-2 to incorporate the Library Rules by reference and enable the ESMC's broad enforcement mechanisms as to Library Rules violations. It is recommended that the Library Board analogously consider updates to the Library Rules to additionally ensure the Library's safe and efficient operation. Given the Supreme Court's guidance in Grants Pass, the proposed regulations and associated enforcement should be part of a broad and multifaceted City approach to the homelessness crisis that respects the rights of and property of the homeless. Staff from the City's Proactive Approach to Combating Homelessness in El Segundo (PATCHES) program, as presented by ESPD to the City Council at its July 2, 2024 meeting, should make a homeless community liaison available that provides individuals experiencing homelessness with information about assistance programs and other resources. If approved for first reading, it is recommended that the City Council direct staff to schedule a second reading of the ordinance for the regular September 17, 2024 City Council meeting or as soon thereafter it may be considered. If approved for second reading and adopted, the ordinance would become effective 30 days thereafter. CITY STRATEGIC PLAN COMPLIANCE: Goal 2: Optimize Community Safety and Preparedness Strategy A: Comprehensively address the unsheltered homeless population. PREPARED BY: Joaquin Vazquez, Assistant City Attorney REVIEWED BY: Mark Hensley, City Attorney APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: El Segundo Anti -Camping Ordinance Draft Page 290 of 379 First Reading of an Ordinance Amending the El Segundo Municipal Code Titles 7, 9, and 10 to Establish Camping and Associated Regulations on Public Property and Rules of Conduct for the El Segundo Public Library September 3, 2024 Page 5 of 5 Page 291 of 379 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING CHAPTER 6 (GENERAL OFFENSES) OF TITLE 7 (NUISANCES AND OFFENSES) OF THE EL SEGUNDO MUNICIPAL CODE; ADDING CHAPTER 8 (PROHIBITED CAMPING) TO TITLE 7 (NUISANCES AND OFFENSES) TO THE CODE; AMENDING CHAPTERS 1 (PARK RULES AND REGULATIONS) AND 3 (BEACH REGULATIONS) OF TITLE 10 (PARKS AND RECREATION); AND AMENDING CHAPTER 7 (PUBLIC BUILDINGS) OF TITLE 9 (PUBLIC WAYS AND PROEPRTY) TO ESTABLISH ANTI -CAMPING AND ASSOCIATED REGULATIONS ON PUBLIC PROPERTY AND AUTHORIZE THE ADOPTION AND ENFORCEMENT OF EL SEGUNDO PUBLIC LIBARARY RULES OF CONDUCT THE CITY COUNCIL DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds and declares as follows: A. The California Constitution provides that a city may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general law. B. The City of El Segundo ("City") is committed to protecting the life, health, and safety of its residents and all people within the geographical boundaries of the City. C. The City currently prohibits camping in public parks and beaches as well as using vehicles for human habitation in specified public areas. D. The City Council desires to expand its current camping prohibitions to establish more extensive regulations prohibiting camping on public property throughout the City. E. On June 28, 2024, the U.S. Supreme Court issued its ruling on the City of Grants Pass, Oregon v. Johnson et al. case, upholding Grants Pass's ordinance prohibiting camping on public property to tackle the issue of homelessness. F. The Grants Pass ruling provided cities with more regulatory tools to regulate and enforce certain camping restrictions on public property. G. On July 25, 2024, Governor Gavin Newsom issued Executive Order N- 1-24 directing stage agencies to adopt clear policies that urgently Page 292 of 379 address homeless encampments on state property in a humane manner and encourages local governments to do the same. H. the City Council is committed to protecting the rights of individuals who cannot obtain shelter and to treating their personal property with respect and consideration. City streets, sidewalks, and parks are intended for safe and sanitary shared use by a diverse community of users including businesses, government, and the general public for gathering, recreating, movement of people, maintenance, and cleaning, and are frequently used by people relying on a variety of mobility devices. J. To mitigate risks to health and safety of its citizens, the City Council desires to adopt regulations prohibiting camping on public property, regardless of the availability of shelter, due to the significant health and safety risk to those in homeless encampments, the general public, and the environment. K. State law authorizes municipal library boards of trustees to "make and enforce all rules, regulations, and bylaws necessary for the administration, government, and protection of the libraries under its management, and all property belonging thereto." (Ed. Code, § 18919.) L. On December 4, 1990, the City Council adopted Resolution No. 3665 to establish the El Segundo Board of Library Trustees ("Library Board"). M. Subsequently, the Library Board has adopted various iterations of El Segundo Library Rules of Conduct ("Library Rules"), in accordance with state law. N. Given increased violations of the Library Rules in recent years, including numerous from individuals experiencing homelessness, the City Council seeks to incorporated the Library Rules the El Segundo Municipal Code to apply its enforcement options to violations of the Library Rules and facilitate the safe and efficient operation of the Library. SECTION 2. Amendment. Section 7-6-1— Use of Vehicles for Human Habitation — of the El Segundo Municipal Code is hereby amended and will read as follows (deletions in strikethrou and additions in double underline): Title 7 — NUISANCES AND OFFENSES Chapter 6 — GENERAL OFFENSES 7-6-1 Use of Vehicles for Human Habitation Page 2 of 15 Page 293 of 379 A. Mobile Home, Campers: No person shall use or occupy or permit the use or occupancy of any mobile home, camper, house trailer or other recreational vehicle for human habitation, including, but not limited to, sleeping, eating or resting, on any public property, such as a street, park, beach, square, avenue, alley, public parking lot or public way, within the city between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. B. Motor Vehicles: No person shall use or occupy or permit the use or occupancy of any motor vehicle for human habitation, including, but not limited to, sleeping, eating or resting, on any public property, such as a street, park, beach, square, avenue, alley, parking lot or public way, within the city, between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. For purposes of this section, "motor vehicle" shall mean any self propelled vehicle other than a house car, camper or trailer coach. For purposes of this section "habitation" shall mean the use of a motor vehicle for a dwelling place, and shall not mean the use of a motor vehicle for amelioration of sickness or other temporary physical inabilities causing an inability to operate such a motor vehicle. SECTION 3. Amendment; Addition. Chapter 8 — Prohibited Camping — of the El Segundo Municipal Code is hereby added to Title 7 — Nuisances and Offenses — and will read as follows (deletions in strikethro o and additions in double underline): Title 7 — NUISANCES AND OFFENSES Chapter 8 — PROHIBITED CAMPING 7-8-1 Definitions Unless the context requires otherwise, the following definitions apply to Chapter 8. A. "To camp" means to set up or to remain in or at a campsite. B. "Campsite" means any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established, or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent. lean-to, shack, or any other structure, or any vehicle or part thereof. 7-8-2 Sleeping. Ling. or Storing Personal Property on Sidewalks. Streets. Alleys. or Public Right of Way Prohibited A. No person may sleep, lie, or store personal property on public sidewalks. streets, alleyways, or public right of wayat t any time as a matter of Page 3 of 15 Page 294 of 379 individual and public safety and to ensure compliance with pedestrian accessibility requirements. B. In addition to any other remedy provided by law, a person found in violation of this section may be immediately removed from the premises. 7-8-3 Camping Prohibited No person may occupy a campsite in or upon any sidewalk, street. alley. lane, public right of way, park, bench, or any other publicly -owned property or under any bridge or viaduct. unless (i) otherwise specifically authorized by this Code or (ii) upon City_ Council resolution. the City Council may exempt a special event from the prohibitions of this section, if the City Council finds such exemption to be in the public interest and consistent with their goals and notices and in accordance with conditions imposed by the City Council. Any conditions imposed will include a condition reguirina that the applicant provide evidence of adequate insurance coverage and agree to indemnify the Cityfor or an liability, ability. damage or expense incurred by the City as a result of activities of the applicant. Any findings by the City Council shall specify the exact dates and location covered by the exemption. 7-8-4 Removal of Campsite on Public Property Upon discovery of a campsite on public property, removal of the campsite by the Police Department, or designee, may occur under the following circumstances: A. Prior to removing the campsite. the City shall post a notice. 24-hours in advance. B. At the time a 24-hour notice is posted. the City shall inform a local agency delivering social services to homeless people of the location of the campsite. C. After the 24-hour notice period has passed. the Police Department. or designee, is authorized to remove the campsite and all personal property related thereto. 7-8-5 Disposition and Release of Personal Property For purposes of this Chapter. "personal property" means any item reasonably recognizable as belonging to a person and having apparent utility or monetary value. Items having no apparent utility or monetary value and items in an unsanitary condition may be immediately discarded. Weapons, drug paraphernalia, items appearing to be stolen, and evidence of a crime may be retained as evidence by the Police Department. or Page 4 of 15 Page 295 of 379 designee, until an alternate disposition is determined. All personal property removed from the campsite which is not retained, disposed of, or held as evidence shall be stored by the Police Department, or designee, for a minimum of 30 days, during which time it shall be reasonably available for and released to an individual confirming ownership. 7-8-6 Violation Any violation of this Chapter shall subject the violating individual to such penalties, as authorized under the law or otherwise in this code, including without limitation, the penalties and enforcement mechanisms set forth in Chapters 1-2 and 1-2A. The foregoing notwithstanding, the City may also enforce violations of this Chapter as follows: A. A third violation of the same provision within one year shall result in a 30-dayban of the violating individual from the -property in which the violation occurred. An individual who violates this 30-day ban is considered to be committing criminal trespass, punishable by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for not more than six (6) months or both. SECTION 4. Amendment. Section 10-1-4 — Rules and Regulations — of the El Segundo Municipal Code is hereby amended and will read as follows (deletions in strikethro unh and additions in double underline): Title 10 — PARKS AND RECREATION Chapter 1 — PARK RULES AND REGULATIONS 10-1-4: Rules and Regulations A. Park Rule One; Animals And Fowl: No person within any public park shall hitch, fasten, lead, drive or let loose any animal or fowl of any kind; provided, that this shall not apply to dogs when led by a cord or chain not more than six feet (6') long. B. Park Rule Two; Riding Or Driving Animals Or Vehicles: No person within any public park shall ride or drive any horse or other animal, or propel any vehicle, cycle or automobile, except in designated areas. C. Park Rule Three; Consumption Or Possession Of Intoxicating Liquor: No person shall drink any intoxicating liquor or possess an open container of an alcoholic beverage upon any street, sidewalk or parkway, park, playground, or in any public place, or in any place open to the patronage of the public, which premises are not licensed for the consumption of liquor on the premises. Page 5 of 15 Page 296 of 379 D. Park Rule Four; Injuring Structures, Vegetation: No person within any public park shall cut, break, injure, deface or disturb any tree, shrub, plant, rock, building, cage, pen, monument, sidewalk, paved area, fence, bench or other structure, apparatus or property; or, pluck, pull up, cut, take or remove any shrub, bush, plant or flower; or, mark or write upon, paint or deface in any manner, any building, monument, fence, bench, sidewalk, paved area or other structure. E. Park Rule Five; Removing Vegetation, Gravel: No person within any public park shall cut or remove any wood, turf, grass, soil, rock, sand, gravel or fertilizer. F. Park Rule Six; Water Restrictions: No person within any public park shall swim, fish in, bathe, wade in or pollute the water of any fountain, pond, lake or stream; provided, however, that nothing herein contained shall be construed as prohibiting the use for the purpose intended of any casting pool, wading pool or bathing pool, specially provided for the particular use. G. Park Rule Seven; Use Of Fires: No person within any public park shall make or kindle a fire except in picnic stoves or fireplaces provided for that purpose. H. Park Rule Eight; Camping: No person within any public park shall camp or lodge therein in accordance with the provisions of Chapter 8, Title 7 of this Code, except by permission in writing from the City Council. Park Rule Nine; Cooking: No person within any public park shall cook, prepare, or sell any food except at the places provided, or unless the City has issued a sidewalk vending permit or otherwise approved of such activities. J. Park Rule Ten; Waste Liquid Disposal: No person within any public park shall wash dishes or empty salt water or other waste liquids elsewhere than in the sinks provided for such purposes. K. Park Rule Eleven; Refuse Disposal: No person within any public park shall leave any garbage, cans, bottles, papers or other refuse elsewhere than in the receptacles provided therefor. L. Park Rule Twelve; Playing Games: No person within any public park shall play or engage in any baseball, softball, football, soccer ball, volleyball or other game excepting at such places as shall be especially designated or set apart for that purpose. M. Park Rule Thirteen; Gambling: No person within any public park shall play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice or other device for money, chips, shells, credit or any other Page 6 of 15 Page 297 of 379 representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming. N. Park Rule Fourteen; Indecent Conduct; Disturbing Peace: No person within any public park shall indulge in riotous, indecent conduct, or abusive, threatening, profane or indecent language or operate any radio or musical instrument in such a manner as to disturb in any manner any picnic, meeting, services, concert, exercise or exhibition. O. Park Rule Fifteen; Disturbing Concerts, Meetings: No person within any public park shall disturb in any manner any picnic, meeting, services, concert, exercise or exhibition. P. Park Rule Sixteen; Distribution Of Handbills, Matter: No person within any public park shall distribute any handbills or circulars, or post, place or erect any bills, notice, paper or advertising device or matter of any kind. Q. Park Rule Seventeen; Hours Of Operation: No person shall remain, stay or loiter in any public park between the period commencing at ten o'clock (10:00) P.M. on any day and ending one hour before sunrise of the following day, except by special written permission of either the City Council or the Director of Recreation, Parks, and Library. R. Park Rule Eighteen; Permission To Hold Meetings, Concerts: No person within any public park shall hold any meeting, service, concert, exercise or exhibition without first obtaining written permission from the City Council to do so. S. Park Rule Nineteen; Permission For Certain Groups: No person, company, society, organization, gathering or group of more than twenty five (25) persons shall hold or conduct any picnic, celebration, parade, service, exercise, gathering, assembly or meeting in any public park within the City without first obtaining a written permit to do so from the Recreation, Parks, and Library Department, and no person shall attend, take part in or be a participant in any such picnic, celebration, service, exercise, gathering, assembly or meeting in the public park, unless such permission has been first obtained. T. Park Rule Twenty; Women's Restroom Restricted: No male person over eight (8) years of age shall enter or use any toilet or restroom for women in any public park. U. Park Rule Twenty Two; Reserved Signs, Removal: No person within any public park shall remove from any park equipment any sign indicating that the equipment is reserved. Page 7 of 15 Page 298 of 379 V. Park Rule Twenty Two; Reserved Tables, Space Or Facility: No person within any public park shall use or attempt to use or interfere with the use of any table, space or facility in the park which at the time is reserved by written reservation then in effect issued to or for any other person; provided, however, that all the reservations shall specify the period covered by same and shall be subject to cancellation by the Recreation, Parks, and Library Department. Unless the actual use of the table, space or facility referred to in any reservation is commenced within thirty (30) minutes after the period covered by the reservation begins, the reservation shall thereupon be void and all rights under the reservation may be cancelled by the Recreation, Parks, and Library Department. SECTION 5. Amendment. Section 10-3-11 — Rules and Regulations — of the El Segundo Municipal Code is hereby amended and will read as follows (deletions in strikethro irrh and additions in double underline): Title 10 — PARKS AND RECREATION Chapter 3 — BEACH REGULATIONS 10-3-11 Rules and Regulations A. Alcoholic Beverages; Intoxication- 1 . Possession Or Consumption Prohibited: No person shall enter, be or remain on any beach while in possession of, transporting, purchasing, selling, giving away or consuming any alcoholic beverage. 2. Intoxicated Persons: An intoxicated person in an intoxicated condition shall not enter, remain on, or be on any beach. B. Animals: 1. Bringing To Beach Prohibited: No person shall maintain or bring on any beach nor bring into the waters of the Pacific Ocean adjacent to any beach, any cattle, horse, mule, goat, sheep, swine, dog, cat or other animal of any kind, whether such animal is leashed or unleashed. 2. Riding Horses, Other Animals: No person shall ride a horse, mule, burro, or donkey, or other similar animal, or lead such animal on, upon, along any beach or in or along the waters of the Pacific Ocean adjacent to any beach. C. Ball Regulations: No person shall cast, toss, throw, kick, or roll any ball, tube or any light object other than inflated rubber balls not less than ten inches (10") in diameter upon or over any beach regulated by this Chapter or upon or over any waters of the Pacific Ocean opposite such beach. Page 8 of 15 Page 299 of 379 D. Bathing, Swimming: No person shall swim, bathe, or immerse himself in the waters of the Pacific Ocean opposite any beach regulated by this Chapter more than two hundred (200) yards from shore except: 1. A person who is the owner of a vessel, or who acts at the request of such owner while engaged in servicing or repairing such vessel, and then only in the immediate area of such vessel. 2. A person engaged in the sport commonly known as aquaplaning, water skiing, or any derivations thereof; provided, that such person is at all times wearing a safety belt approved by the Director. 3. A skin diver equipped with swim fins and a face plate if at all times he maintains within fifty (50) yards of himself a boat or a surf mat, paddleboard or surfboard upon which there is a rectangular flag twelve inches by fifteen inches (12" x 15"), orange -red in color with a white diagonal stripe three inches (Y) wide running from one corner to the diagonally opposite corner. The flag shall be flown high enough so as not to touch the water. 4. No person shall surf more than fifty (50) yards beyond the farthest breaking wave when such farthest breaking wave is more than one hundred fifty (150) yards from shore. E. Boating: No person shall operate any vessel within three hundred (300) yards of the shoreline of any beach regulated by this Chapter except when necessary in taking it to or from its lawful mooring place or when necessary in the case of emergency, or upon special permit issued by the City Council. F. Disturbance: No person shall disturb the peace and quiet of any beach by: 1. Any unduly loud or unusual noise; or 2. By tooting, blowing, or sounding any automobile siren, horn, signal or noise -making device; or 3. By any tumultuous conduct; or 4. By the use of any vulgar, profane or indecent language. G. Fires: No person shall light or maintain any fire on any beach. H. Flora And Turf: No person shall dig, remove, destroy, injure, mutilate, or cut any tree, plant, shrub, bloom or flower, or any portion thereof, growing on the beach. No person shall remove any wood, turf, grass, soil, rock, sand or gravel from the beach. I. Glass, Bottles: No person shall place, throw, leave, keep or maintain any bottle, glass, crockery, sharp or pointed article or thing in such a manner that any person on a beach is or may be cut, pricked, or in any way injured thereby. Page 9 of 15 Page 300 of 379 J. Guy Wires: No person shall fasten or maintain any guy wire, guy rope or exterior bracing or support of any tent, lodge, shelter or structure between it or any portion thereof, and any structure, stake, rock or thing outside of such tent, lodge, shelter or structure. K. Inflated Equipment: No person shall use in the Pacific Ocean opposite any beach regulated by this Chapter, any inflated equipment of any kind except a standard surf mat which is: 1. Constructed of a durable material with a nonslippery surface; 2. So constructed that, when inflated for use, it will not fold in any direction; 3. Not smaller than twenty four inches by forty inches (24" x 40"); 4. Not larger than thirty inches by sixty inches (30" x 60"); 5. Equipped with a safety rope. L. Loitering: No person shall loiter on any beach at any time between the hours of twelve o'clock (12:00) midnight and six o'clock (6:00) A.M. M. Overnight Use And Camping: No person shall camp on or use for overnight sleeping purposes any beach or bring a house -trailer or similar vehicle onto any beach accordance with the provisions of Chapter 8. Title 7 of this Code. N. Pollution: 1. Oil: a. No person shall deposit, place, throw, divert, or in any manner dispose of, or cause or permit to be deposited, placed, thrown, diverted, or in any manner disposed of, any crude petroleum, refined petroleum, engine oil, or any oily byproduct thereof or any tar or any product containing tar, or any oily substance into the waters of the Pacific Ocean, or into or upon the waters of any lagoon, bay, inlet, or tributary thereof; or deposit, place, throw, divert, or in any manner dispose of any crude petroleum, refined petroleum, engine oil, or any oily byproduct thereof, or any tar, or any product containing tar, or any oily substance upon any beach, tideland, or submerged land, or any portion thereof. b. No person shall deposit, place, throw, divert, keep, maintain, or in any manner dispose of, or cause or permit to be deposited, placed, thrown, diverted, kept, maintained, or in any manner disposed of any crude petroleum, refined petroleum, engine oil, or any oily byproduct thereof, or any tar, or any product containing tar or any oily substance into, along, or upon any land, premises, or place in such a manner that the same, or any portion thereof, may run or be transferred or carried to, or be in any manner deposited upon or conveyed to any beach, tideland or submerged land, or any portion thereof, or into or upon the waters of the Pacific Ocean, or into or upon the waters of any lagoon, bay, inlet, or tributary thereof. Page 10 of 15 Page 301 of 379 2. Other: No person shall deposit, place, throw, or in any manner dispose of any dead animal or any portion thereof, or any vegetable or animal matter, or any offal, night soil, manure, rubbish, trash, garbage, or any decaying or putrid matter, material or substance which might decay or become putrid, or any matter, material or substance which is or might become injurious to health or which is or might become a nuisance or offensive to the senses of any person coming in proximity thereto, into the waters of the Pacific Ocean, or into the waters of any lagoon, bay, inlet or tributary thereof, of, in, upon, or along any beach, tideland, or submerged land, or any portion thereof, or keep or maintain or cause or permit to be kept or maintained upon any premises or in or at any place, any article, substance, or thing hereinabove in this Section enumerated, in such manner that any such article, substance or thing, or any portion thereof may be transferred or carried to, or be in any manner deposited upon or conveyed to any beach, tideland, or submerged land, or any portion thereof, or into or upon the waters of the Pacific Ocean, or into or upon the waters of any lagoon, bay, inlet or tributary thereof. O. Buildings And Structures: 1. Recreation Building: No person shall use any recreation building at any time except between the hours of eight o'clock (8:00) A.M. and twelve o'clock (12.00) midnight of any day except upon written permit from the Chief of Police. 2. Structures And Facilities: No person, other than a duly authorized employee of the City, in the performance of his duties shall: a. Cut, break, injure, deface or disturb any rock, building, cage pen, monument, sign, fence, bench, structure, apparatus, equipment or property on a beach, or any portion thereof; b. Mark or place thereon or on any portion thereof, any mark, writing, or printing; c. Attach thereto any sign, card, display or other similar device. P. Rubbish: No person shall throw, place or dispose of any garbage refuse, or can in any place on a beach or into or upon the waters of the Pacific Ocean other than into a garbage can or other receptacle maintained there for that purpose. No person shall throw, place or dispose of, any waste paper or combustible refuse in any place on a beach or into or upon the waters of the Pacific Ocean other than into a receptacle maintained for that purpose. Q. Shelters: No person shall erect, maintain, use or occupy on a beach any tent, lodge, shelter or structure unless such tent, lodge, shelter or structure shall have two (2) sides thereof entirely open, and unless there shall be an unobstructed view into such tent, lodge, shelter, or structure from the outside thereof on at least two (2) sides thereof. Page 11 of 15 Page 302 of 379 R. Shooting: No person shall discharge or shoot any firearms, air gun, slingshot or bow and arrow anywhere on a beach. S. Solicitation: No person shall solicit in any manner or for any purpose, or sell or offer for sale, any goods, wares or merchandise, or distribute or pass out any handbills, advertising matter or literature on a beach. T. Surfboards, Surf Mats, Paddleboards: 1. Waters Restricted: a. No person shall use, possess or operate in the waters of the Pacific Ocean opposite any beach regulated by this Chapter any object commonly known as a surfboard, paddleboard or similar device (but not including surf mats and belly boards) at such times when said waters are restricted for swimming and bathing only. b. Such restrictions shall be effective when a yellow flag having dimensions of not less than two feet by two feet (2' x 2') and having a solid black circle in the center (commonly known as a "blackball flag") is prominently displayed from a lifeguard tower, lifeguard station, pier or similar structure under the control of the City. At such times as the blackball flag is displayed, swimming and bathing only shall be permitted in the waters of the Pacific Ocean opposite those areas of the beach within two hundred (200) yards of the point of display of said blackball flag; provided, however, that where said blackball flag is displayed from consecutive operational lifeguard towers, lifeguard stations and similar structures under the control of the City along a beach regulated by this Chapter, then all waters of the Pacific Ocean opposite said beach shall be restricted to swimming and bathing only. c. Such restrictions shall also be indicated by pairs of red flags put in place by the chief of police. At such times as said red flags are displayed, swimming and bathing only shall be permitted in the waters of the Pacific Ocean opposite those areas of the beach lying between a given pair of such red flags. 2. Distances From Shore: No person shall use, possess or operate in the waters of the Pacific Ocean opposite any beach regulated by this chapter any object commonly known as a surf mat, paddleboard, belly board, surfboard, or similar device except within two hundred (200) yards from shore or seventy five (75) yards seaward of the point at which the average wave is breaking, whichever distance is greater, or when used by a skin diver to hold a flag required by subsection D of this section. 3. Near Other Persons: No person shall bring or permit or allow in the waters of the Pacific Ocean opposite any beach regulated by this chapter any object commonly known as, or used as, a paddleboard or Page 12 of 15 Page 303 of 379 surfboard, within one hundred feet (100') of any person in the waters thereof who was not at the time using or possessing a similar object. 4. Area For Exclusive Use: Notwithstanding any provision of this section, the chief of police may from time to time designate certain areas to be used exclusively by persons using surfboards and paddleboards. Such designation may be revoked at any time and the area covered by any such designation may be enlarged or reduced at any time. No person shall swim or bathe in the waters of the Pacific Ocean included in an area so designated except while using a surfboard or paddleboard or as is necessary in order to use a surfboard or paddleboard. 5. Leaving Area During Restriction: A person in violation of the restrictions set forth in this subsection shall not fail, refuse or neglect to leave the waters of the Pacific Ocean opposite any beach regulated by this chapter when such restrictions are in force. U. Nudity And Disrobing: 1. No person shall appear, bathe, sunbathe, walk, change clothes, disrobe or be on any beach in such manner that the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view, except in those portions of a comfort station, if any, expressly set aside for such purpose. 2. This subsection shall not apply to persons under the age of ten (10) years, provided such children are sufficiently clothed to conform to accepted community standards. 3. This subsection shall not apply to persons engaged in a live theatrical performance in a theater, concert hall, or similar establishment which is primarily devoted to theatrical performances. V. Smoking Prohibited: It is unlawful to smoke on any public beach within the city of El Segundo. For the purpose of this section, "smoking" means inhaling, exhaling, burning, or carrying any lighted cigarette, cigar or pipe. For the purpose of this section, "beach" does not include parking lots or roadways. SECTION 6. Amendment. Section 9-7-2— Public Library — of the El Segundo Municipal Code is hereby amended and will read as follows (deletions in strike+hro gh and additions in double underline): A. There is hereby established in and for the City, a public library to be known as the "El Segundo Public Library." B. The El Segundo Board of Library Trustees is authorized and directed to adopt El Segundo Library Rules of Conduct, which are incorporated by reference into this code. The Rules of Conduct will be sub'eci t to Page 13 of 15 Page 304 of 379 enforcement as authorized under applicable laws, including without limitation this code and the terms of the Rules of Conduct. SECTION 7. Environmental Assessment. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA"), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. In the alternative, the City Council finds that the Ordinance falls within the "common sense" exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply strikes an outdated reference to an overruled Ninth Circuit decision; it will not result in any development or in any new activity with the potential to impact the environment. SECTION 8. 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 provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 9. Effective Date. This Ordinance shall become effective thirty (30) days after adoption. SECTION 10. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance causing it to be posted as required by law. PASSED AND ADOPTED this day of 2024. ATTEST: Tracy Weaver, City Clerk Drew Boyles, Mayor Page 14 of 15 Page 305 of 379 APPROVED AS TO FORM Mark D. Hensley, City Attorney Page 15 of 15 Page 306 of 379 City Council Agenda Statement F 1 F �' t 1) �� Meeting Date: September 3, 2024 Agenda Heading: Staff Presentations Item Number: D.17 TITLE: Agreement with Nationwide Environmental Services for Citywide Street Sweeping Services RECOMMENDATION: Waive the formal bidding and authorize the City Manager to execute a new five- year agreement with Nationwide Environmental Services for a total amount not to exceed $2,817,235.28 for citywide street sweeping services pursuant to ESMC § 1-7-9(A) and appropriate $306,000 funding to the FY 2024-25 budget to expenditure account 001-400-4201-6206. 2. Alternatively, the City Council may authorize the City Manager to execute an amendment to Agreement No. 5758 with Nationwide Environmental Services to extend the term for six months, with the addition of a prevailing wage requirement, which would require an additional appropriation of $153,000 for FY 2024-25. During the six-month extension, staff would issue a request for proposals for street sweeping services and return to City Council with a proposed agreement. 3. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: The cost for the first year of service under the new agreement would be $522,444 ($492,444, plus a contingency of $30,000). Funds were not included in the adopted FY 2024-25 budget and require additional appropriation from the General Fund Reserves. The budget breakdown is as follows: Amount Budgeted: $217,000 Additional Appropriation: $306,000 (Includes $30,000.00 for contingency) GL Account #: 001-400-4201-6206 Fiscal Impact for the future four fiscal years from FY 25-26 to FY 28-29 is $2,294,792 Page 307 of 379 Consent Agenda September 3, 2024 Page 2 of 5 (Including $30,000.00 per year for contingency). Funds for years 2-5 will be included in the proposed fiscal year budgets. BACKGROUND: Efficient and effective street sweeping is a key component of any street maintenance program. It protects public health and safety and is required by law under the National Pollutant Discharge Elimination System (NPDES) Permit issued by the State Water Resources Control Board to all public agencies under the Federal Clean Water Act. Nationwide Environmental Services is a family and women -owned business that has been providing sweeping services to the city for many years. The City of El Segundo first contracted with Nationwide Environmental Services (Nationwide - formerly Joe's Sweeping) in 1994 (Agreement No. 2347). The agreement was amended for three years in both 1997 and 2000. On July 2, 2003, the City executed a new agreement with Nationwide (Agreement No. 3168) for a three-year term through June 30, 2006. Agreement No. 3168 was amended on May 6, 2006 for a three-year term through June 30, 2009. In 2009, just prior to the expiration of their contract, the City released a request for proposals (RFP) to obtain proposals from qualified vendors for street sweeping services. The bids received at that time were substantially higher than the City's contracted rates with Nationwide. Staff also investigated whether the services could be provided at a lower rate by "piggybacking" onto a neighboring local government contact. The lowest rate found was 40 percent higher than Nationwide's rates. Ultimately, the City decided to amend Agreement No. 3168 for an additional five years through September 30, 2014. On October 1, 2014 the City executed an amendment to Agreement No. 3168 with Nationwide for a five-year term through September 30, 2019, with an option to renew for an additional five years. On September 30, 2014 the City executed Agreement No. 5758, a new five-year agreement with Nationwide through September 30, 2024. This is the current sweeping contract, and is included as an attachment. The current agreement with Nationwide expires on September 30, 2024. Staff investigated the situation and has determined that a new agreement with Nationwide would be more economical than issuing an RFP, but also reflects the high level of service provided over the last 30 years. The annual cost of service during this final year of the Nationwide agreement is $216,603.81, not including fuel surcharges. The current agreement does not require the payment of prevailing wage rates. However, as more fully discussed below, during the term of the City's agreement with Nationwide, the Department of Industrial Relations (DIR) opined that street sweeping services are subject to prevailing wages. Therefore, the staff recommends that the new agreement require the payment of prevailing wages. Page 308 of 379 Consent Agenda September 3, 2024 Page 3 of 5 DISCUSSION: Their drivers are familiar with all the city's streets and public parking lots. Public works operational staff has a collaborative working relationship with Nationwide and believes it is in the City's best interest to continue that relationship. The proposed five-year renewal contract maintains all terms and conditions from the 2019 agreement (attached), except for the addition of the prevailing wage requirement. Historically, street sweeping services were not subject to prevailing wage requirements. However, on October 4, 2021, DIR issued a comprehensive written opinion for the City of Elk Grove concluding that street sweeping services fall within the definition of "public work" and, therefore, are subject to prevailing wage requirements. Although DIR opinions are technically not binding, they can be persuasive to the courts. In addition, the penalties for failing to comply with prevailing wage requirements are very significant. For these reasons, the City Attorney's Office recommends that the city proceed in accordance with the DIR opinion. The prevailing wage requirement radically affects the price of the services. The cost for the first year of service under the new agreement would be $492,444, plus a contingency of $30,000, for a total amount not -to -exceed amount of $522,444. This equates to $52.83 per curb mile. The rates for the subsequent four years of the agreement are subject to an annual four percent increase on each contract anniversary (October 1) to address future cost -of -living adjustments. The contingency is set annually at $30,000 for a total of $150,000 over the five-year term of the agreement. This contingency amount will allow cost coverage for potential fuel surcharge costs capped at a negotiated 5.2 percent of the monthly base rate and a negotiated base price of $4.79 per gallon (CNG fuel). The cost of service for each of the five years of the agreement would be as follows: YEAR Annual Base Rate Monthly Base Rate 24/25 $492,444.00 $41,037.00 25/26 $512,141.76 $42,678.48 26/27 $532,627.43 $44,385.61 27/28 $553,932.40 $46,161.03 28/29 $576,089.69 $48,007.47 Although these rates are significantly higher than what the city has been paying for the same service, they are highly competitive compared to other cities that have switched to the prevailing wage requirement. For example, in July 2023, our neighboring city, Manhattan Beach, went out to bid for citywide street sweeping services. The size and scope of work detailed in the RFP was similar to our current sweeping agreement with Nationwide. Manhattan Beach only received two bids from sweeping companies. The selected proposal included prevailing wages and detailed first year cost totals of $713,227 and costs per curb mile of $58.50, compared to Nationwide's first year costs of $492,444 and per curb mile costs of $52.83. These costs are significantly more Page 309 of 379 Consent Agenda September 3, 2024 Page 4 of 5 expensive than those proposed by Nationwide for their proposed contract extension. The prevailing wage requirement remains potentially in flux to some degree and, for that reason, the proposed agreement with Nationwide will include special provisions requiring renegotiation in the event circumstances change. The first potential change is on the legislative front. There is a movement to get a bill in front of the Legislature that would make it clear that street sweeping does not fall within the definition and, therefore, is not subject to prevailing wage. Second, the only "street sweeping" wage currently published by DIR is at a rate of $96.25 per hour. This is the rate the proposed Nationwide agreement is based upon, as utilizing a different rate would involve significant risk if deemed improper by DIR. The published rate falls under an "engineering" category per DIR and, we believe, is appropriate only for specialized street sweeping services of a type used to clean newly constructed freeways. That service involves more specialized equipment and more skilled labor. The City Attorney's Office is in the early stages of coordinating with the League of California Cities, and perhaps other cities directly, to seek a wage determination from DIR more appropriate for the common type of street sweeping services that all cities must utilize. In the event that either (i) the Legislature amends the law to clarify that street sweeping is not subject to prevailing wage, or (ii) DIR publishes a lower wage rate for these services, Nationwide will be obligated to immediately renegotiate the terms of the contract accordingly. If the parties are unable to reach a mutually acceptable agreement on new terms, the city will have the option of terminating the agreement and engaging a different service provider or issuing an RFP. After careful consideration and cost reduction negotiations, staff respectfully recommends that the City Council waive the formal bidding requirement pursuant to El Segundo Municipal Code (ESMC) § 1-7-9(A) and authorize the City Manager to execute a five-year agreement with Nationwide, with a five-year extension option, for citywide street sweeping services in an amount not to exceed $2,817,235.28, including an annual contingency amount of $30,000 for unforeseen services and/or potential fuel surcharges. Staff believes the bidding waiver finding that "the City's best interests are served by a direct contract award without a competitive bidding process," under ESMC § 1-7-9(A), can be made in light of the City's 30-year relationship with Nationwide, Nationwide's historical and thorough knowledge of El Segundo's streets, and staff's continuous exploration of alternative pricing. Alternatively, if City Council seeks to pursue a competitive bidding process, City Council may authorize a six-month extension to Agreement No. 5758 and direct staff to issue a request for proposals for street sweeping services and return to City Council with a proposed agreement. CITY STRATEGIC PLAN COMPLIANCE: Goal 1: Enhance Customer Service, Diversity, Equity, Inclusion and Communication Page 310 of 379 Consent Agenda September 3, 2024 Page 5 of 5 Objective 1A: El Segundo provides unparalleled service to all customers. Goal 2: Support Community Safety and Preparedness Objective 2A: El Segundo is a safe and prepared community. PREPARED BY: Daniel Pankau, Environmental Programs Manager REVIEWED BY: Elias Sassoon, Public Works Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Agreement No. 5758 with Nationwide Environmental Services 2. Nationwide Environmental Services Proposal - July 3, 2024 Page 311 of 379 Agreement No. 5758 AGREEMENT FOR STREET SWEEPING SERVICES BETWEEN THE CITY OF EL SEGUNDO AND JOE'S SWEEPING, INC., dba NATIONWIDE ENVIRONMENTAL SERVICES THIS STREET SWEEPING AGREEMENT ("Agreement") is made and entered into this 30th day of September, 2019, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("CITY") and JOE'S SWEEPING, INC., a California corporation, dba NATIONWIDE ENVIRONMENTAL SERVICES ("CONTRACTOR"). The Parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR for its services as follows: i. For the first year of the agreement (2019/20), an annual base rate of $204,370.60 and a monthly base rate of $17,030.88; ii. For the second year of the agreement (2020/21), an annual base rate of $204,370.60 and a monthly base rate of $17,030.88; iii. For the third year of the agreement (2021/22), an annual base rate of $210,401.51 and a monthly base rate of $17,533.46; iv. For the fourth year of the agreement (2022/23), an annual base rate of $216,603.81 and a monthly base rate of $18,050.32; V. For the fifth year of the agreement (2023/24), an annual base rate of $216,603.81 and a monthly base rate of $18,050.32. 2. TERM; OPTIONS TO EXTEND. The term of this Agreement will be from October 1, 2019 to September 30, 2024. CITY may extend the term of this Agreement by written notice to the CONTRACTOR no later than 30 days before the expiration of the term of this Agreement. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit A. B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary Page 1 of 8 Page 312 of 379 Agreement No. 5758 or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. C. FUEL PRICING ADJUSTMENT. It is agreed that fuel used by CONTRACTOR constitutes 17% of its total operating costs. It is agreed that the baseline monthly fuel cost for CNG fuel is $3.38 per gallon. The Fuel Pricing Adjustment is calculated according to the following formula: Fuel Pricing Adjustment = 0.17 X Base Average Monthly Payment X [(Average Monthly Fuel Cost/$3.38) -1] The Average Monthly Fuel Cost is the average price of fuel per gallon of CNG purchased by CONTRACTOR for performance of this Agreement (and solely within CITY's jurisdictional boundaries) in the month for which payment is invoiced. The Fuel Pricing Adjustment cannot exceed 8.5% of the Base Monthly Payment. The total Fuel Pricing Adjustments in any year cannot exceed 8.5% of the of the Annual Total of Base Monthly Payments. Fuel Pricing Adjustment cannot be compounded from month to month. The Public Works Director may approve, partially approve or deny the Fuel Pricing Adjustment. i. Example.. In the first month of the first year of the contract term the average price of fuel is $3.38 per gallon. MONTHLY PAYMENT = $17,030.88 + 0.17 X $17,618.51 X ($3.48/$3.38-1) = $17,116.54 ii. Example. In the second month of the first year of the contract term the average price of fuel is $3.28 per gallon. MONTHLY PAYMENT = $17,030.88 + 0.17 X $17,030.88 X ($3.28/$3.38-1) = $16,945.23 iii. Exam le. The maximum monthly payment in the first year (as increased by the maximum fuel pricing adjustment) is $17,030.88 + 8.5% _ $18,478.51. The maximum total of payments in the first year is $204,370.60 + 8.5% = $221,742.10 iv. Example, The minimum monthly payment in the first year, as decreased by the maximum fuel pricing adjustment is $17,030.88 - 8.5 %=$15,583.26. The minimum total of payments in the first year is $204,370.60 - 8.5% = $186,999.10 4. PREVAILING WAGES. —N/A. 5. PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit a detailed invoice to CITY. 6. FAMILIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR Page 2 of 8 Page 313 of 379 Agreement No. 5758 has i„ Thoroughly investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and ii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 7. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Business automobile liability Workers compensation Limits combined sin =1 $2,000,000 $1,000,000 Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88, or equivalent. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance Page 3 of 8 Page 314 of 379 Agreement No. 5758 evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. 8. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 7 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. 9. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 10, INDEMNIFICATION. A. CONTRACTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney's fees and penalties), injuries, or liability, arising out of this Page 4 of 8 Page 315 of 379 Agreement No. 5758 Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and volunteers. C. CONTRACTOR expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect. D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. E. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by this Agreement, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 11.INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which it is performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 12. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: Ken Berkman City of El Segundo 350 Main Street El Segundo, CA 90245 Page 5 of 8 Page 316 of 379 Agreement No. 5758 To CONTRACTOR: Ani Samuelian Nationwide Environmental Services 11914 Front Street Norwalk, CA 90650 Ani@nes-sweeping.com B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 14. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 16. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 17. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 18. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 19.INTERPRETATION. This Agreement 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 agreement will be in Los Angeles County. 20. AUTHORITY/MODIFICATION. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. Page 6 of 8 Page 317 of 379 Agreement No. 5758 21. ACCEPTANCE OF ELECTRONIC SIGNATURES: The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic (.pdf) or facsimile transmission. Such electronic or facsimile signature will be treated in all respects as having the same effect as an original signature. 22. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its exhibits, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 24. ENTIRE AGREEMENT. This Agreement and its exhibit(s) constitute the sole agreement between CONTRACTOR and CITY respecting the services described in scope of work. To the extent that there are additional terms and conditions contained in Exhibit "A" that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. [SIGNATURES ON FOLLOWING PAGE] Page 7 of 8 Page 318 of 379 Agreement No. 5758 IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written. CITY OF EL SEGUNPO a g , teal law city. r otl: Mitnick, cty Manager ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark . Hensley, City Attorney Insurance Reviewed by: 7� JOE'. *N,. By"' ni Samuelian Its: President INC. Taxpayer ID No. 95-4251996 Contractor State License No. N/A Contractor City Business License No. 12786 Page 8 of 8 Page 319 of 379 EXHIBIT A Agreement No. 5758 City of El Segundo Street sweeping Specifications SCQPE QF THE WQU Page 1 A. Work to be performed: The purpose of this contract will be to provide a thorough, timely, and responsive sweeping of streets and alleys. These specifications will be interpreted toward that purpose. The work to be done under this contract includes furnishing of all labor, material, equipment, tools, and any other incidental expense necessary to perform the following services for the City of El Segundo: 1. Unless otherwise provided, the Contractor will sweep City streets, alleys and parking lots of all debris and refuse for a period of five (5) years. 2. Parking lots, streets and alleys in the downtown area, including medians and intersections, must be swept one (1) time each week according to the schedule provided by the Street Maintenance Supervisor. 3. Additional sweeping, for which the Contractor is entitled to additional compensation as provided in Section IV (a), may be required as follows: a. Emergency S! ee in Contractor must respond within one (1) hour to emergency requests for cleanup. b. Special Events. Contractor must provide street sweeping for special e v e n t s (such as parades, street fairs, etc.) After receiving appropriate n o t i c e from the City. 4. Contractor must dump debris and refuse collected from City streets at a site provided by the City. Site will be located at the City of El Segundo Maintenance Facility, 150 Illinois Street, and El Segundo. Hauling and disposal of collected refuse from the disposal site is the responsibility of the City. 5. Water. City will provide sufficient water for the street sweeping equipment necessary to comply with these specifications. Contractor to make arrangements with the Water/ Wastewater Division for available fire hydrants. The Contractor must take measures to. Avoid wasting water and conserve wherever and whenever possible in operations. 6. Daily Statement. Contractor m u s t submit a daily statement r e p o rt i n g total loads of debris and refuse hauled to dumpsite. Contractor must also submit a daily statement reporting sweeper miles. B. Working Hours. 1. Business districts must be swept between the hours of 3:00 a.m. And 7:00 a.m. In accordance with the schedule provided by the Street Maintenance Supervisor. Page 320 of 379 Agreement No. 5758 City of El Segundo Street sweeping Specifications Page 2 2. Residential districts must be swept between the hours of 7:00 a.m. and 1:00 p.m. in accordance with the schedule provided by the Street Maintenance Supervisor. C. L7Quipmept apdsuf FQIiiam2al Contractor's street sweeping equipment must meet the following requirements: 1. Street sweeping equipment and performance must comply with the highest standards of the industry. Sweeper speed and broom pattern must follow manufacturer's recommendations. 2. Contractor must use standard heavy street sweeping equipment as needed to clean the City streets of paper, dirt, rocks, leaves and debris. 3. Contractor. Must use equipment deemed acceptable by express written approval of the Director of Public Works. Equipment must comply with all appropriate Federal and State Regulations including meeting all current Air Quality Management District regulations. 5. Contractor's equipment is subject to inspection by the Director of Public Works, or designee. Upon written notification that any equipment does not comply with the City's standards, the contractor must remove such equipment from service and not again use unless inspected and approved in writing by the Director of Public Works. D. Public Relations. 1. Contractor is required to have radio -equipped street sweepers or a supervisor available by telephone on a twenty-four (24) hour basis who is assigned to provide direct and prompt attention to requests from the City for emergency service. 2. Contractor must, in person or through its agent, investigate any complaint which may concern, or be involved in, the performance of the contract. Contractor will report to the Director of Public Works, or designee, the following working day as to the action taken with reference to the complaint and, when necessary, complete the Service Request form which will remain on file at City Hall. Complaints received before noon - must be answered the same day; complaints received after noon may be answered the following day. E. Sweeping Routes. City will provide Contractor with schedule and map delineating those districts within the City marked for sweeping Monday through Friday inclusive. The sweeping schedule must be maintained unless a change therein is first approved in writing by the Director of Public Works and notice is given as provided below. F. Failure to Sweep. Should the Contractor fail to sweep, or should the City temporarily exclude streets from sweeping (i.e., streets that are closed for construction activity), the City will deduct from the Contractor's next monthly payment a sum of money equal to the number of hours not swept, divided by the number of hours to be swept during the month, times the monthly payment. Page 321 of 379 Agreement No. 5758 City of El Segundo Street sweeping Specifications Page 3 G. Office for Inquiries and Complaints. The Contractor will maintain an office at a fixed location and maintain a telephone. The telephone number must be listed in the telephone directory in the contractor's name. A contractor representative must be available to answer the phone between the hours of 8:OOa.m. And 5:OOp.m. each working day. The telephone number of a designated employee, available between 5:00 p.m. And 8:00 a.m. For emergency calls and complaints, must be furnished the Director of Public Works. The contractor must maintain a written log of all complaints including a description of what action was taken or the reason for non -action. The log is City property, a public record, and opens to the City's scrutiny. The Contractor must make every commercially reasonable effort to respond to complaints on the same day they are received and must report to the Director of Public Works within twenty-four (24) hours as to the action taken concerning each complaint. Page 322 of 379 Agreement No. 5758 City of El Segundo Street Sweeping Specifications CITY OPERATED PARKING LOTS LOCATION / DESCRIPTION OF LOTS DIMENSIONS ANNUAL SQ. FT. 1. N/W of Richmond St. and Franklin Ave. 125' x 140' 910,000 2. E of Main St. between Pine Ave. and Holly Ave. 50' x 140' 364,000 3. S/W of Main St. and Mariposa Ave. 100' x 140' 728,000 4. S/E of Standard St. and Holly Ave. 75' x 140' 546,000 5. N of Grand Ave. between Main St. and Standard St. (3 Lots Police & Fire) 80' x 150' 624,000 130' x 130' 878,800 100' x 140' 728,000 6. N/W Corner of Grand Ave. and Eucalyptus St. 40' x 130' 270,400 7. El Segundo Recreational Park (North Parking Lot) 150' x 335' 2,613,000 8. El Segundo Recreational Park (South Parking Lot) 70' x 700' 2,548,000 9. Water Division, 400 Lomita St. 70' x 250' 910,000 10. Water Division Parking Structure (Roof Lot) 130' x 200' 1,352,000 11. El Segundo Maintenance Facility, 150 Illinois St. (City Yard) 70' x 250' 910,000 Total Annual Square Feet 13,382,200 Page 323 of 379 Agreement No. 5758 CITY OF EL SEGUNDO Streets, Alleys, and Parking Lot Sweeping FEESCHEDULE Term: Five (5) years ITEM NO. d 2 3 ESTIMATEll QUANTITIES 8,570 Curb Miles 13�382 200 Sq. Ft. 20 Hours DESCRIPTION Sweeping of streets and alleys (weekly). First Year 2019/2020 Sweeping of parking lots (weekly). First Year 2019/2020 Hourly rate for additional sweeping. First Year 2019/2020 UNIT PRICE IN FIGURES $21.90 Per Curb Mile $0.001247 Per Sq. Ft, Free of Charge ANNUAL AMOUNT $187,683.00 $16,687.60 Free of Charge 4 8,570 Sweeping of streets and alleys (weekly). $21.90 $187,683.00 Curb Mile$ Second Year 2020/2021 Per Curb Mile 5$16,687.60 13,382,200 Sweeping of parking lots (weekly). $0.001247 Sq. Ft. Second Year 2020/2021 Per Sq. Ft. 6 20 Hourly rate for additional sweeping. Free of Charge Free of Charge Hours Second Year 2020/2021 7 8,570 Sweeping of streets and alleys (weekly). $22.56 $193,339.20 Curb Miles Third Year 2021 /2022 Per Curb Mile 8 13,382,200 Sweeping of parking lots (weekly). $0.001275 $17,062.31 Sq. Ft. Third Year 2621/2022 Per Sq. Ft. 20 Hourly rate for additional sweeping. Free o Charge Free o Charge Hours Third Year 2021/2022 8,570 Sweeping of streets and alleys (weekly). $23.24 $199,166.80 10 Curb Miles Fourth Year 2022/2023 Per Curb Mile 1 13,382,200 Sweeping of parking lots (weekly). $0.001303 $17,437.01 Sq. Ft. Fourth Year 2022/2023 Per Sq. Ft. 12 20 Hourly rate for additional sweeping. . ................. Free of Charge Free of Charge Hours Fourth Year 2022/2023 13 8,570 Sweeping of streets and alleys (weekly). $23.24 $199, 166.80 Curb Miles Fifth Year 2023/2024 Per Curb Mile 14 13,382,200 11 Sweeping of parking lots (weekly), $0.001303 $17,437.01 Sq. Ft. Fifth Year 2023/2024 Per Sq. Ft. 15 20 Hourly rate for additional sweeping. Free of Charge Free of Charge Hours Fifth Year 2023/2024 TOTAL BASE AMOUNT (Items 1-15) $1,052,350.33 TOTAL BASE AMOUNT WRITTEN IN WORDS One Million Fj t -Two Thousand Three Hundred Fif-ty Qo l r tail jjr-°i"itjee ` nt 07/31/2019 Page 324 of 379 Agreement No. 5758 a o 1S QN`d1.121b'W 1S (INVI NIN Im x LU O w mmm�i���zo J 4 x 1ShclWOl a C m 1Sb'l1WOl 1SblllNol E >- O. d 1S `d :N31S p Id Vl:2 31S 1S VNN31S w a 1S NN3d f/! w > 1S NN3d 1S NN3d a. ,. LL a 1S NOd13HS i v 1S NOd13HS a m 0 w Q Z 0 I� = O O U � g 1S HN3IHV 1S `dN3NV 00 0 C ......._ No snidmvom is C — �' L C w Z �p a a 1S (INWINVIS +r s mill LL v dco .� O C >5f LO .= CL > a _ hd r J V � LL Q. d C7 2 d v '— w a J .m............................. CL }� Z v 1S 4NOWHOIN Cl) < d Y L a Page 325 of 379 Page 326 of 379 1SVOO jl and �d 1S SIONIIII 1S NOlONIHSVM rP w w :.E1'dY1pNO91l'M'O T. 95� tlYCQP .34#"N Y5 S3'3dP�f40 ¢ 15 3C%NAhi'EP" �µ a a a 11i Vfl"a1Po WFdlk'M 31. �i L wI 3 3 3: a 0 c e � A# N003NO IS VaVA3N M. is �NAy M1i�"JM1 �� aS 'M04'NA tlWOI w 3 WtlS J."tlT'�ldY reercEint. W..575 m m o z E C I� W 0 N O z 0 E 0 � 0 E 0 r o o vrn m m 0 o E E m N1 m J F J J J 2 N J D m D N D LL LL LL ll E E C E E A o E o z o z o r d o E E a o � � m 00 o ao m m M D D D Q' N D CO D CO D D C N C 99C - m f • f f • R.i i131N30 U I• 3� 1S ONll. ri m. 1� vaa3�s 1S NN3d � 15 NOOI3HS NO Nld Non3 S JY 1SI�tdMW7k'l.x �C NItlW . ,... ._. ........................... m JS ktlp'„aW4k"AIYtm Ow �. mm:"...wwryryIIYI S 1-i age 327 of 379 Agreement No. 5758 Ms. Jasmine Allen Senior Management Analyst City of El Segundo 350 Main Street El Segundo, CA 90245 Street Sweeping Services Contract Extension Nationwide Environmental Services (NES) is proud to be contracted with the City of El Segundo and looks forward to continuing our relationship for many more years to come. NES would like to renew the street sweeping contract for a five (5) year term beginning on October 1, 2019 based on the current terms and conditions. If you have any questions, please feel free to contact me at (562) 860-0604. Thank you for 11914 Front Street # Norwalk, California 90650 « (562) 860-0604 . Fax (562) 868-5726 www.nes-sweeping.com Page 328 of 379 Air wide ►ronr�ei� ta/ -. � � inq Inc. July 3, ,, Mr. Elias Sassoon Director of Public Works City of El Segundo 350 Main Street El Segundo, CA 90245 RE: Street Sweeping Services Dear Mr. Sassoon: Based on our discussions, please find our proposal details below, both with and without prevailing wages: Without Prevailing Wages: • $23,450.00 Per Month • $30.19 Per Curb Mile • $0.001694 Per Sq. Ft. With Prevailing Wages: • $41,037.00 Per Month • $52.83 Per Additional Curb Mile • $0.002964 Per Sq. Ft. Additionally, the new base price for CNG for the contract term renewal will be $4.79 per gallon. Furthermore, in accordance with Section 2, Term; Option to Extend, of the Street Sweeping Agreement, effective October 1, 2024, NES would like to exercise its option to renew the street sweeping contract for five (5) years, with an option to extend for an additional five (5) years. We propose that all other terms and conditions remain the same, except for an annual 4% increase on each contract anniversary (October 1) to address future cost -of -living adjustments. If you have any questions regarding this request, please do not hesitate to contact me. Thank you for your time and consideration. President 11914 Front Street • Norwalk, California 90650 • (562) 860-0604 • Fax (562) 868-5726 www.nes-sweeping.com Page 329 of 379 City Council Agenda Statement Meeting Date: September 3, 2024 E L S E G U N D O Agenda Heading: Committees, Commissions and Boards Presentations Item Number: E.18 TITLE: Multi -Model Transportation Subcommittee Update RECOMMENDATION: 1. Receive and file the Multi -Model Subcommittee update. 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: None. BACKGROUND: The City Council has set a policy to receive an annual update on the activities of all Committees, Commissions, and Boards. The Multi -Model Transportation Subcommittee was established in 2023, as a subcommittee of the Planning Commission. The subcommittee meets intermittently to review the City's existing multi -model transportation policies and programs to make implementation recommendations to staff and City Council. DISCUSSION: Vice Chair of the Planning Commission and Multi -Model Transportation Subcommittee member, Jay Hoeschler, will provide a presentation to the City Council and will review current action items of the subcommittee. CITY STRATEGIC PLAN COMPLIANCE: Goal 1: Develop and Maintain Quality Infrastructure and Technology Strategy A: Seek opportunities to implement and expedite the projects in the Capital Improvement Program and ensure that City -owned infrastructure is well maintained, Page 330 of 379 Multi -Model Transporation Subcommittee Update September 3, 2024 Page 2 of 2 including streets, entryways, and facilities. Strategy D: Improve mobility and transportation throughout the City. Goal 3: Deliver Solution -Oriented Customer Service, Communication, Diversity, Equity, and Inclusion Strategy A: Enhance proactive community engagement program to educate and inform the public about City services, programs, and issues. Strategy B: Implement Diversity, Equity, and Inclusion (DEI) initiatives to cultivate representation and opportunities for all the members of the community. Goal 5: Champion Economic Development and Fiscal Sustainability Strategy D: Implement community planning, land use, and enforcement policies that encourage growth while preserving El Segundo's quality of life and small-town character. PREPARED BY: Michael Allen, Community Development Director REVIEWED BY: Michael Allen, Community Development Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: None Page 331 of 379 City Council Agenda Statement E L S E G U N D O Meeting Date: September 3, 2024 Agenda Heading: Reports - City Treasurer Item Number: G.19 TITLE: Investment Portfolio Report for June 2024 RECOMMENDATION: 1. Receive and file the Investment Portfolio Report dated June 2024. 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: None BACKGROUND: The Treasury Department provides an Investment Portfolio Report presented to City Council on a quarterly basis. This current report includes the status of Treasury investment activities and related economic indicators as of June 2024. DISCUSSION: See attached Investment Portfolio Report. CITY STRATEGIC PLAN COMPLIANCE: Goal 5: Champion Economic Development and Fiscal Sustainability Strategy A: Identify opportunities for new revenues, enhancement of existing revenues, and exploration of potential funding options to support programs and projects. Strategy B: Utilize the City's long-term financial plan to make financial decisions that support the goals of the strategic plan. Page 332 of 379 Presentation of Investment Portfolio Report for June 2024 September 3, 2024 Page 2 of 2 PREPARED BY: Matthew Robinson, City Treasurer REVIEWED BY: Matthew Robinson, City Treasurer APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: June 2024 Portfolio Report Page 333 of 379 CITY OF ELSEGUNDO City of El Segundo Investment Portfolio Report June 2024 Certified By: City Treasurers Office CITY OF ELSEGUNDO Portfolio Portfolio Summary As of June 2024 Portfolio Type / Security Type Security Type Liquidity Reserve I0 CalTRUST a ,'a $60,000,000 $57,049,560 CAMP JPAP > $40,351,152 Cash $40,000,000 $17,982,202 $23,615,485 Cash Sweep $20,000,000 $10,3� $6,055,583 $1,766,060 $43,492 $1,973,650 $1,486,070 Government Agency $60,000,000 $55,831,370 LAIF m $40,428,552 Medium Term Notes > $40,000,000 �e $24,346,029 o $20,000,000 $10,000,000 $17,982,202 Municipal Bonds m $6,055,583 $1,766,060 $43,492 $2,013,653 $1,541,840 - � Negotiable Certificates of Deposit m 40.00% 35.51% U.S. Treasuries 0 25.11% 0 0 20.00% 11.19% 14.70% 0 0.00% .44/0 3.77% 1.10% 0.03% 1.23%jlw 0.92% ¢' T 3 2.51 2.30 7 2 1.99 rn 1 0.80 � 0.00 0.00 0.00 0.00 0.00 0.35 rn 6.00% 5.43% 4.28% 5' 0 ° 4.52% 4.27% 4.40% a 4.00% 3.43% o 2.00% 2.41 /0 1.81% _W 0.45% 6.00% 5.43% 5.02% 0 5.27% 5.20% 5.37% 4.93% 4.28% 4.52 /0 4.34% r 4.00% } 2.00% 0.45% 3: ME INEENNEW CalTRUST CAMP-JPAP Cash Cash Sweep LAIF Government Medium Term Municipal Negotiable U.S. Agency Notes Bonds Certificates of Treasuries Deposit Page 336 of 379 Portfolio Through Time As of June 2024 124,161,443 Portfolio Type Liquidity $100,000,000 Reserve m 0 O m $50,000,000 0 2 m Y O O 00 0 w 0 0 $35,847 80% ^ 78% 60% 40% 20% V 22% 0% 3.00 2.00 1.00 0.00 2020 2021 2022 2023 2024 Date 2.15 Page 337 of 379 nvestments by Security Type U.S.Treas $57,049, 35.51� As of June 2024 Negotiable Certificates of Deposit $40, 351,152 25.11% CalTRUST $10,354,937 6.44% Cash ,055,583 3.77% Government Agency $1,973,650 1.23% Jium Term Notes $23,615,485 14.70% Security Type CaITRUST CAMP -JPAP Cash Cash Sweep Government Agency LAIF Medium Term Notes Municipal Bonds Negotiable Certificates of Deposit U.S. Treasuries Page 338 of 379 Reserve Portfolio Ladder by Quarter As of June 2024 2024 2025 2026 2028 2029 $30,000,000 $25,000,000 $20,000,000 N m a 0 0 $15,000,000 C CD 0 (V $10,000,000 0 0 0 ui 0 06 Ii ka 0 0 0 Ln c-I 0 0 O H N Ln H 0 0 0 ai a 0 w N fh O O O QD N O O o � o 0 0 o `4 o Ln kD 0 0 0 a) H N IS I I O O O m 00 OD LD N tPr o 0 0 0 $5,000,000 � 0 0 co � oo o 0 0 0 rn ° o 0 00 co 4j+ N O V} 1R K} O N Ol V N c-j Ln EPr tq ^ tR fH [fT $0 Q2 Q3 Q4 Totall Q1 Q2 Q3 Q4 Totall Q1 Q2 Q3 Q4 Totall Q1 Q2 Q3 Q4 Totall Q1 Q2 Q3 Totall Q2 Total Quarter ■ Q1 ■ Q2 ■ Q3 ■ Q4 Total Page 339 of 379 Ladder Diversification As of June 2024 2024 2025 0 2026 2027 2028 2029 $20,000,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C ai C 0 0 0 00 0 0 0 C m > m a $15,000,000 $10,000,000 o 0 o 0 (V en 0 o 0 0 O o CDefr o if� N 0 o 0 N v> N 1 v� O 0 0 0 o 0 CO 0 fV en 0 N of oo �r 0 m o 0 0 $5,000,000 0 0 o 0 0 0 Iri o Lri 0 0 0 m 1 0 0 0 C o M v> 0Zt 0 o 0 fs+ o v $0 ■ 10% 9.37%' 9.37% 9.41% 9.37% 9.37% 9.37% CD0 m 0 7.81 7.33% 5.94% a 5.34% 0 5% 4.30% Ila 3.12% 0 0 2.49% 2.34% j 1.17% 0.78% W1.17% 1.14% 0.39% 0% m a, o o r 0 o a) 100% 0 m > 8-1 0 0 0 0 a I� l0 W o N ocli lD +° ° O 50% L o o 0 o o 0 M 0 LD N N a N a m 0 o N 0 rn L m O o N O O N M V N O% N c6 Ln ° ■ ENEW Govern Mediu Munici Negot.. U.S. Tr Govern Mediu Munici Negot.. U.S. Tr Mediu Negot.. U.S. Tr Negot. Mediu Negot.. U.S. Tr Mediu Negot.. U.S. Tr ment .. m Te.. pal B.. easur.. ment .. m Te.. pal B.. easur.. m Te.. easur.. m Te.. easur.. m Te.. easur.. � Security Type Government Agency Medium Term Notes Municipal Bonds Negotiable Certificates of Deposit U.S. Treasuries Page 340 of 379 $30,000,000 $28,000,000 $26,000,000 $24,000,000 $22,000,000 $20,000,000 $18,000,000 a� > $16,000,000 a� i $14,000,000 $12,000,000 $10,000,000 $8,000,000 Investments by Maturity Date As of June 2024 $17,982,202 $12, 244, 557 $10,354,937 $8,823,727 $28,630,015 $27,754,214 A$26,305,056 $15,304,025 $6,055,583 $6,000,000 $4,438,989 $4,000,000 $2,000,000 $1,766,060 $975,334 $p ra. $43,492 Cash Cash LAI F CAMP- Ca (TRUST < 30 Days 31 to 90 91 to 180 181 to 365 1 to 2 2 to 3 3 to 4 4 to 5 Sweep JPAP Days Days Days Years Years Years Years Page 341 of 379 Portfolio As of June 2024 Security Type Issuer Days to Matur.. Coupon Par Value Market Value Book Value Unrealized P/L Cash Bank 1 0.45% $6,055,583 $6,055,583 $6,055,583 $0 Cash Sweep Bank 1 5.02% $1,766,060 $1,766,060 $1,766,060 $0 LAIF LAIF 1 4.52% $43,492 $43,492 $43,492 $0 CAMP -JPAP CAM P-JPAP 1 5.43% $17,982,202 $17,982,202 $17,982,202 $0 CalTRUST CaITRUST 1 4.28% $10,354,937 $10,354,937 $10,000,000 $354,937 Medium Term Notes AMAZON COM INC 1,251 4.58% $1,000,000 $992,570 $997,630 ($5,060) AMERICAN HONDA FIN CO 1,293 4.75% $1,000,000 $990,290 $997,794 ($7,504) APPLE INC 1,320 1.36% $500,000 $442,145 $427,219 $14,926 ASTRAZENECA FINANCE L 699 1.29% $500,000 $464,215 $501,040 ($36,825) BANK NOVA SCOTIA B C 986 3.13% $1,000,000 $943,140 $926,343 $16,797 BANK OF AMERICA CORP 660 3.61% $500,000 $484,605 $554,155 ($69,550) CANADIAN IMP BK COMM 1,013 3.60% $1,000,000 $957,430 $948,186 $9,244 CIGNA CORP 505 4.20% $500,000 $491,600 $564,210 ($72,610) CITIGROUP INC 672 3.52% $500,000 $482,900 $550,715 ($67,815) COCA COLA CO THE 70 1.76% $500,000 $496,415 $493,865 $2,550 COMCAST CORP 931 2.51% $1,000,000 $936,230 $917,335 $18,895 DEERE JOHN CAPITAL 1,301 4.77% $1,000,000 $995,740 $1,004,330 ($8,590) DEUTSCHE BK AG NY 1,168 5.36% $1,000,000 $1,001,690 $1,005,611 ($3,921) ESTEE LAUDER CO INC 156 2.03% $500,000 $492,400 $501,600 ($9,200) GOLDMAN SACHS GROUP I 277 3.55% $500,000 $492,355 $545,605 ($53,250) IBM CORP 1,296 6.18% $1,000,000 $1,051,480 $1,076,510 ($25,030) INTELCORP 592 4.90% $1,000,000 $994,030 $998,520 ($4,490) INTERCONTINENTAL EXCH 521 3.83% $500,000 $488,935 $557,000 ($68,065) MEAD JOHNSON NUTRITIO 505 4.20% $500,000 $491,340 $565,170 ($73,830) MITSUBISHI UFJ FIN GR 807 2.91% $1,000,000 $947,820 $924,800 $23,020 MORGAN STANLEY 578 3.96% $500,000 $488,770 $561,240 ($72,470) ROYAL BK CDA 1,040 3.78% $1,000,000 $959,630 $951,709 $7,921 STRYKER CORP 491 3.47% $500,000 $486,595 $548,175 ($61,580) SUMITOMO MITSUI FINL 1,298 3.74% $1,000,000 $947,570 $934,451 $13,119 TORONTO DOMINION BANK 1,291 5.16% $1,000,000 $998,800 $1,005,769 ($6,969) Page 342 of 379 Security Type Medium Term Notes Municipal Bonds Negotiable Certificates of Deposit Issuer TOSCO CORP TOYOTA MTR CR CORP FIR UNITED PARCEL SERVICE UNITEDHEALTH GROUP IN WELLS FARGO COMPANY NEW YORK NY TXBL FISC ONTARIO CA INTERNATIO 1ST SECURITY BANK OF ABACUS FEDERAL SAVING ACHIEVE FINL CR UN BE ADVIA CR UN KALAMAZOO AFFINITY BK COVINGTON ALASKA USA FED CR UN ALL IN FED CR UN DALE ALLIANT CR UN CHICAGO ALLY BK SANDY UTAH ALMA BK ASTORIA NEW Y AMERICAN EXP NATL BAN AMERICAN FIRST CR UN AUSTIN TELCO FED CR U BIBANK BATON ROUGE LA BANK FIVE NINE OCONOM BANK NEW YORK MELLON BANK OF PERRY CNTY LO BANK PONTIAC ILL BANK SIERRA PORTERVIL BANK UTAH OGDEN UTAH BANKERS BK MADISON WI BAXTER CR UN VERNON H BEAL BK PLANO TEX Portfolio As of June 2024 Days to Matur.. Coupon Par Value Market Value Book Value Unrealized P/L 1,834 14.70% $2,000,000 $2,122,180 $2,215,920 ($93,740) 1,230 5.37% $1,000,000 $1,014,710 $1,030,896 ($16,186) 65 2.21% $500,000 $496,950 $504,105 ($7,155) 535 3.78% $500,000 $489,380 $560,625 ($71,245) 1,119 4.42% $1,000,000 $973,570 $975,500 ($1,930) 34 2.14% $1,000,000 $997,070 $1,003,750 ($6,680) 321 2.96% $500,000 $489,000 $538,090 ($49,090) 32 2.01% $245,000 $244,260 $245,000 ($740) 35 2.01% $245,000 $244,228 $245,000 ($772) 599 4.68% $249,000 $247,665 $249,000 ($1,335) 1,552 4.93% $248,000 $251,663 $248,000 $3,663 809 4.58% $249,000 $247,299 $249,000 ($1,701) 1,349 4.62% $249,000 $247,989 $249,000 ($1,011) 1,329 4.62% $249,000 $247,899 $249,000 ($1,101) 550 5.10% $200,000 $200,158 $199,900 $258 633 5.05% $243,000 $243,199 $243,000 $199 75 1.76% $245,000 $243,207 $245,000 ($1,793) 318 3.16% $246,000 $241,486 $237,002 $4,484 1,033 4.46% $249,000 $245,853 $249,000 ($3,147) 901 4.94% $248,000 $248,434 $248,000 $434 318 4.77% $249,000 $247,997 $249,000 ($1,003) 1,361 4.66% $249,000 $248,470 $249,000 ($530) 266 5.01% $243,000 $242,405 $243,000 ($595) 1,433 4.19% $249,000 $252,503 $249,000 $3,503 1,034 4.32% $244,000 $239,876 $244,000 ($4,124) 990 4.64% $244,000 $242,148 $244,000 ($1,852) 1,412 4.32% $249,000 $245,218 $249,000 ($3,782) 1,244 4.32% $249,000 $244,812 $249,000 ($4,188) 1,516 4.85% $248,000 $250,527 $248,000 $2,527 1,804 4.67% $244,000 $245,830 $244,000 $1,830 Page 343 of 379 Portfolio As of June 2024 Security Type Issuer Days to Matur.. Coupon Par Value Market Value Book Value Unrealized P/L Negotiable Certificates of Deposit BEAL BK USA LAS VEGAS 1,804 4.67% $244,000 $245,830 $244,000 $1,830 BELLCO FEDERAL CR UN 606 4.71% $248,000 $247,467 $248,000 ($533) BLUE RIDGE BK MARTINS 626 5.00% $230,000 $229,977 $230,000 ($23) BMO HARRIS BK NATL AS 315 4.82% $244,000 $242,980 $244,000 ($1,020) BMW BK NORTH AMER SAL 2,716 9.49% $488,000 $488,298 $488,000 $298 BRENTWOOD BK BETHEL P 627 4.77% $235,000 $234,161 $235,000 ($839) BRIDGEWATERBKBLOOM I 1,370 4.79% $249,000 $249,764 $249,000 $764 CALIFORNIA CR UN GLEN 605 4.54% $244,000 $242,060 $244,000 ($1,940) CAPITAL ONE NATL ASSN 1,189 4.37% $200,000 $196,784 $199,800 ($3,016) CATTLEMENS BKALTUS 0 626 4.75% $249,000 $249,080 $249,000 $80 CELTIC BK SALT LAKE C 992 4.72% $249,000 $247,870 $249,000 ($1,130) CENTRAL BK STORM LAKE 311 4.67% $249,000 $247,802 $249,000 ($1,198) CENTRIS FEDERAL CREDI 333 5.01% $248,000 $247,524 $248,000 ($476) CFBANK FAIRLAWN OHIO 809 4.76% $248,000 $247,345 $248,000 ($655) CHARLES SCHWAB BKSSB 273 5.06% $243,000 $242,524 $243,000 ($476) CHARTWAY FED CR UN VA 711 4.90% $248,000 $248,037 $248,000 $37 CHEROKEE ST BK IOWA 616 4.58% $242,000 $240,233 $239,922 $312 CIBC BK USA CHICAGO I 634 5.00% $243,000 $243,005 $243,000 $5 CITADEL FED CR UN EXT 244 1.69% $245,000 $239,213 $245,000 ($5,787) CITIZENS BK INC ROBER 626 4.88% $248,000 $249,242 $248,000 $1,242 CITIZENS ST BK LACROS 1,365 4.70% $249,000 $248,915 $249,000 ($85) CITY NATL BK LOS ANGE 1,372 4.97% $243,000 $244,490 $243,000 $1,490 COASTLIFE CR UN CORPU 595 4.68% $249,000 $247,660 $249,000 ($1,340) COMMUNITY FIRST BK IN 311 4.72% $249,000 $247,904 $249,000 ($1,096) COMMUNITY HERITAGE FI 1,046 4.46% $249,000 $245,813 $249,000 ($3,187) CONNECTONE BK ENGLEWO 633 0.75% $240,000 $223,013 $213,854 $9,158 CONNEXUS CREDIT UNION 424 3.57% $249,000 $244,413 $238,934 $5,479 CORNERSTONE BK FARGO 318 4.67% $249,000 $247,785 $249,000 ($1,215) COUNTY SCHS FED CR UN 627 4.81% $248,000 $247,320 $248,000 ($680) CROSS RIV BKTEANECK 690 4.67% $244,000 $242,724 $244,000 ($1,276) Page 344 of 379 Portfolio As of June 2024 Security Type Issuer Days to Matur.. Coupon Par Value Market Value Book Value Unrealized P/L Negotiable Certificates of Deposit CUSTOMERS BK PHOENIXV 641 5.00% $243,000 $243,066 $243,000 $66 CY FAIR FCU HOUSTON T 1,055 4.41% $249,000 $245,452 $249,000 ($3,548) DEPARTMENT OF COMM FE 1,250 4.97% $248,000 $249,667 $246,669 $2,998 DISCOVER BKGREENWOOD 1,347 4.49% $244,000 $241,697 $241,897 ($201) DORT FINL CR UN GRAND 1,322 4.32% $247,000 $243,006 $247,000 ($3,994) EAGLEBANK BETHESDA MD 606 4.30% $244,000 $241,106 $238,205 $2,901 EMPOWER CU SYRACUSE N 1,554 5.01% $248,000 $252,630 $248,000 $4,630 ESSENTIAL FED CR UN B 1,545 4.93% $248,000 $251,623 $248,000 $3,623 FEDERAL SVGS BK CHICA 606 4.25% $249,000 $245,897 $244,829 $1,068 FIDELITY BK NEW ORLEA 626 4.86% $249,000 $248,457 $249,000 ($543) FIRST FED CR UN CEDAR 1,329 4.45% $249,000 $246,239 $249,000 ($2,761) FIRST FMRS BK TR CONV 68 1.76% $245,000 $243,381 $245,000 ($1,619) FIRST FNDTN BK IRVINE 1,789 4.59% $244,000 $244,610 $244,000 $610 FIRST NATL BK DAMARIS 817 4.99% $248,000 $248,650 $248,000 $650 FIRST NATL BK OF MICH 2,712 9.24% $498,000 $496,043 $498,000 ($1,957) FIRST ST BK NEW LONDO 987 4.68% $244,000 $242,485 $244,000 ($1,515) FIRSTTECHNOLOGY FED 235 4.86% $248,000 $247,348 $248,000 ($652) FIRST UTD BKTRCO 955 4.09% $200,000 $195,702 $195,050 $652 FIRSTWESTN BKTR MIN 318 4.77% $249,000 $247,997 $249,000 ($1,003) FLAGSTAR BK NATL ASSN 612 4.46% $244,000 $243,492 $241,365 $2,128 FNCB BK DUNMORE PA 1,043 4.37% $244,000 $240,157 $244,000 ($3,843) FORBRIGHT BK POTOMAC 1,081 4.86% $244,000 $243,697 $244,000 ($303) FREEDOM FIRST CR UN R 304 4.77% $248,000 $247,028 $248,000 ($972) FREEDOM NORTHWEST CR 703 4.85% $248,000 $247,807 $248,000 ($193) FREESTAR FINL CR UN C 1,334 4.36% $249,000 $245,402 $249,000 ($3,598) GENOA BKG CO OHIO 33 1.96% $245,000 $244,263 $245,000 ($737) GEORGIA BKG CO 637 4.95% $243,000 $242,818 $243,000 ($182) GOLD COAST BK CHICAGO 1,181 4.72% $249,000 $248,064 $249,000 ($936) GRAND RIV BKGRANDVIL 35 2.01% $245,000 $244,228 $245,000 ($772) GREAT NORTH BK FLOREN 626 4.86% $244,000 $243,414 $244,000 ($586) Page 345 of 379 Portfolio As of June 2024 Security Type Issuer Days to Matur.. Coupon Par Value Market Value Book Value Unrealized P/L Negotiable Certificates of Deposit GREENSTATE CR UN NORT 487 4.77% $248,000 $246,939 $248,000 ($1,061) GREENWOOD MUN FED CR 1,068 4.47% $249,000 $250,589 $249,000 $1,589 GUARDIAN CREDIT UNION 1,554 5.01% $248,000 $252,593 $248,000 $4,593 HONOLULU FIRE DEPT FE 780 4.44% $249,000 $246,617 $249,000 ($2,383) HUNTINGTON NATL BK CO 311 4.82% $244,000 $242,985 $244,000 ($1,015) JOHN MARSHALL BK REST 796 4.49% $249,000 $246,814 $248,502 ($1,688) KEY BK NATLASSN OHIO 262 5.01% $243,000 $242,436 $243,000 ($564) LEADERS CR UN JACKSON 1,371 4.95% $248,000 $250,532 $248,000 $2,532 LIBERTY FED CR UN EVA 346 5.11% $248,000 $247,750 $248,000 ($250) LIBERTY FIRST CR UN L 1,315 4.31% $249,000 $245,805 $249,000 ($3,195) LIVE OAK BANKING COMP 152 1.88% $245,000 $241,482 $245,000 ($3,518) LUANA SVGS BK IOWA 627 4.44% $244,000 $241,606 $244,000 ($2,394) LYONS NATL BK N Y 626 4.86% $244,000 $243,414 $244,000 ($586) MAINE SVGS FCU HAMPDE 1,519 4.81% $248,000 $250,073 $248,000 $2,073 MANUFACTURERS TRADERS 992 4.86% $244,000 $243,675 $244,000 ($325) MEDALLION BK UTAH 1,449 4.44% $249,000 $246,687 $249,000 ($2,313) MID AMERN CR UN WICHI 329 5.01% $248,000 $247,546 $248,000 ($454) MID MO BKSPRINGFIELD 19 1.90% $245,000 $244,557 $245,000 ($443) MIDWESTBKWESTN ILL 633 5.00% $248,000 $248,097 $248,000 $97 MIN NWEST BK REDWOOD F 1,039 4.32% $249,000 $244,844 $249,000 ($4,156) MORGAN STANLEY BK N A 154 1.98% $245,000 $241,452 $245,000 ($3,548) MORGAN STANLEY PRIVAT 1,810 4.67% $244,000 $245,808 $244,000 $1,808 MOUNTAIN AMER FED CR 669 4.72% $249,000 $248,002 $249,000 ($998) NEBRASKALAND BK NORTH 446 4.82% $249,000 $248,036 $249,000 ($964) NORTHWEST BK BOISE ID 627 5.00% $248,000 $248,136 $248,000 $136 NUMERICA CR UN SPOKAN 703 4.76% $248,000 $247,353 $248,000 ($647) ONE CMNTY BK ORE WIS 830 4.81% $248,000 $247,593 $248,000 ($407) OREGON CMNTY CR UN EU 1,074 4.85% $248,000 $247,799 $248,000 ($201) PARKSIDE FINL BKTR C 446 4.63% $249,000 $247,449 $249,000 ($1,551) PARTNERS BK MISSION V 262 5.06% $243,000 $242,487 $243,000 ($513) Page 346 of 379 Portfolio As of June 2024 Security Type Issuer Days to Matur.. Coupon Par Value Market Value Book Value Unrealized P/L Negotiable Certificates of Deposit PEOPLES BK CO COLDWAT 992 4.72% $249,000 $247,870 $249,000 ($1,130) PEOPLES SVGS BK WELLS 983 4.46% $244,000 $240,972 $240,906 $66 PINNACLE BK NASHVILLE 679 4.63% $244,000 $242,482 $244,000 ($1,518) POINT WEST CREDIT UNI 654 5.00% $243,000 $243,180 $243,000 $180 POPPY BK SANTA ROSA C 263 1.13% $245,000 $237,797 $245,000 ($7,203) POPULAR BK NEW YORK B 629 4.77% $247,000 $246,059 $247,000 ($941) PORTAGE BK BELLEVUE W 999 4.77% $249,000 $248,181 $249,000 ($819) PREFERRED BANK LA CAL 49 2.01% $245,000 $243,907 $245,000 ($1,093) RAIZ FCU EL PASO TEX 416 4.72% $249,000 $247,782 $249,000 ($1,218) RAYMOND JAMES BANK NA 185 1.88% $245,000 $240,747 $245,000 ($4,253) ROGUE CR UN MEDFORD 0 1,301 5.10% $248,000 $248,052 $248,000 $52 SAN FRANCISCO FED CR 1,315 4.41% $216,000 $213,209 $216,000 ($2,791) SANDY SPRING BK OLNEY 626 4.91% $244,000 $243,612 $244,000 ($388) SAVANNAH BK NATL ASSN 1,405 4.19% $249,000 $243,883 $249,000 ($5,117) SAWYER SVGS BK SAUGER 620 4.58% $245,000 $243,314 $243,177 $137 SECURITY ST BK WARROA 1,433 4.24% $249,000 $252,498 $249,000 $3,498 SIGNATURE FED CR UN A 710 4.81% $248,000 $247,603 $248,000 ($397) SOUTHERN BK POPLAR BL 1,419 4.27% $249,000 $244,797 $249,000 ($4,203) SOUTHERN FIRST BK N A 882 4.63% $249,000 $247,461 $249,000 ($1,539) SOUTHERN MICH BKTR 1,228 4.19% $249,000 $243,629 $249,000 ($5,371) ST VINCENTS VIED CTR C 1,083 4.64% $249,000 $247,078 $249,000 ($1,922) STATE BK INDIA NEW YO 1,340 4.54% $244,000 $242,089 $244,000 ($1,911) STATE EMPLOYEES CR UN 1,060 4.81% $248,000 $247,469 $248,000 ($531) SYNCHRONY BK RETAIL C 783 0.98% $248,000 $228,611 $219,540 $9,072 TECHNOLOGY CR UN SAN 241 5.01% $248,000 $247,492 $248,000 ($508) THOMASVILLE NATL BK G 269 5.06% $248,000 $247,640 $248,000 ($360) TOYOTA FINL SVGS BK H 3,582 9.18% $488,000 $489,235 $488,000 $1,235 TRANSPORTATION ALLIAN 262 5.01% $248,000 $247,546 $248,000 ($454) TRISTATE CAP BK PITTS 640 5.00% $243,000 $243,124 $243,000 $124 TRULIANT FED CR UN WI 973 4.54% $249,000 $246,679 $249,000 ($2,321) Page 347 of 379 Security Type Negotiable Certificates of Deposit Government Agency U.S. Treasuries Issuer TUCSON FED CR UN ARIZ UBS BK USA SALT LAKE UFIRST FED CR UN PLAT UNITED FID BK FSB EVA UNITED HERITAGE CR UN UNITED ROOSEVELT SVGS UNIVERSITY BKANN ARB UN IVEST NATL BK TR SO UPPER PENNISUA STATE USALLIANCE FCU RYE NE UTAH CMNTY CR UN PROV UTAH FIRST FED CREDIT VALLEYSTAR CR UN MART VIBRANT CREDIT UNION VIKING BK NATL ASSN A VISIONS FED CR UN END WASHINGTON FEDERAL WELLS FARGO BANK NATL WESTERN ALLIANCE BK P FEDERAL HOME LOAN BKS TENNESSEE VALLEY AUTH U S TREASURY NOTE Portfolio As of June 2024 Days to Matur.. 1,533 1,434 420 1,005 266 1,055 1,375 1,407 182 1,428 668 1,477 1,361 822 623 823 56 1,064 304 721 79 3,661 Coupon Par Value Market Value Book Value Unrealized P/L 4.93% $248,000 $251,554 $248,000 $3,554 4.38% $249,000 $252,902 $249,000 $3,902 4.72% $249,000 $247,748 $249,000 ($1,252) 4.90% $248,000 $248,102 $248,000 $102 5.15% $248,000 $247,839 $248,000 ($161) 4.46% $249,000 $245,785 $249,000 ($3,215) 4.83% $248,000 $249,250 $248,000 $1,250 4.19% $249,000 $243,888 $249,000 ($5,112) 1.78% $245,000 $240,686 $245,000 ($4,314) 4.57% $249,000 $247,932 $249,000 ($1,068) 4.63% $249,000 $247,593 $249,000 ($1,407) 4.63% $248,000 $254,329 $248,000 $6,329 4.74% $248,000 $248,317 $248,000 $317 5.34% $248,000 $250,763 $248,000 $2,763 4.68% $249,000 $247,640 $249,000 ($1,360) 5.43% $248,000 $251,256 $248,000 $3,256 2.06% $245,000 $243,765 $245,000 ($1,235) 4.85% $248,000 $247,767 $248,000 ($233) 4.82% $244,000 $243,095 $244,000 ($905) 7.55% $1,500,000 $1,476,335 $1,487,133 ($10,798) 2.89% $500,000 $497,315 $526,520 ($29,205) 8.83% $60,000,000 $57,049,560 $55,831,370 $1,218,190 Page 348 of 379 CITY OF ELSEGUNDO Transactions 2024 April May June 19 F 24 29 7 12 14 Transactions Prior 3 Months as of June 2024 U S TREASURY NT 91282CEX5 FIRST FNDTN BKC D STATE EMPLOYEES C D TOYOTA FINLC D WELLS FARGO BANK C D OREGON CMNTY CRC D BEAL BK PLANO C D BEAL BK USA LAS C D MORGAN STANLEY C D FORBRIGHT BK C D 912828ZW3 91282CCJ8 912828ZV5 91282CHK0 32026USU6 85678LAA3 89235MPNS 949764PA6 68584JAT6 07371B W HO 07371DT23 61768ESC3 34520LBD4 3.000% $2,000,000 $1,990,880.00 0.250% $2,000,000 $1,887,980.00 0.875% $2,000,000 $1,833,760.00 0.500% $2,000,000 $1,748,125.00 4.000% $2,000,000 $1,944,843.74 4.600% $244,000 $244,000.00 4.800% $248,000 $248,000.00 0.046% $244,000 $244,000.00 4.850% $248,000 $248,000.00 4.850% $248,000 $248,000.00 4.700% $244,000 $244,000.00 4.700% $244,000 $244,000.00 4.700% $244,000 $244,000.00 4.850% $244,000 $244,000.00 Page 350 of 379 Transaction Ladder Prior 3 Months as of June 2024 Maturity 2500K 2000K 1000K 500K OK Quarter of Maturity ■ Q2 Page 351 of 379 Transaction Summary Prior 3 Months as of June 2024 of Deposit I $11,613,S8$ Security Type, sum of Cost Basis and count of Cusip. Color shows details about Security Type. Size shows sum of Cost Basis. The marks are labeled by Security Type, sum of Cost Basis and count of Cusip. The data is filtered on Last 3 Months, NonZero and Category. The Last 3 Months filter keeps True. The NonZero filter keeps True. The Category filter keeps PURCHASED. Security Type Negotiable Certificates of Deposit U.S. Treasuries Page 352 of 379 Cate me rest Received As of June 2024 Transaction Date 2023 )3 Q4 Q1 $8,000,000 $6,000,000 INTEREST $4,000,000 N O Ln p� M 00 $2,000,000 Ln a; o $ o m r _ m $20,000,000 MATURED o $10,000,000 0 0 O 0 O O O Ln M Ln ri N N $0 lb� tf} $0 O O O O Ql O 00 O LD CD ($10,000,000) NSF} 00 .� PURCHASED ($20,000,000) ($30.000.000) rn O N N M C O � Ol rI n M CO O LO O 00 NiM It 00 N M 0 0 0 0 0 0 O O CDp O O O 0 Ln Ln Lr O N N �{} T >, -C 01 QU E d N m o O E � � O z E � U p @ 7 cc6 G LL Category 2024 Grand 0 INTEREST Q2 Total MATURED PURCHASED N O I- r M O O W M O N I 0 O O O 0 o m m rn N ry N rj O O In O O N O O OJ N m Q� m N 00 r cI Lnrr O ai !f d (0 C mu Q 1 0 Page 353 of 379 CITY OF ELSEGUNDO Compliance Asset Class Compliance As of June 2024 Security Type In Compliance? Max Weight Weight 3.77% Par Value $6,055,583 Book Value $6,055,583 Market Value $6,055,583 Cash Y 100% Cash Sweep Y 100% 1.10% $1,766,060 $1,766,060 $1,766,060 LAIF Y 100% 0.03% $43,492 $43,492 $43,492 CAMP-JPAP Y 100% 11.19% $17,982,202 $17,982,202 $17,982,202 CalTRUST Y 100% 6.44% $10,354,937 $10,000,000 $10,354,937 Medium Term Notes Y 30% 14.70% $24,000,000 $24,346,029 $23,615,485 Municipal Bonds Y 100% 0.92% $1,500,000 $1,541,840 $1,486,070 Negotiable Certificates of Deposit Y 30% 25.11% $40,531,000 $40,428,552 $40,351,152 Government Agency Y 100% 1.23% $2,000,000 $2,013,653 $1,973,650 U.S. Treasuries Y 100% 35.51% $60,000,000 $55,831,370 $57,049,560 Totals 100.00% $164,233,274 $160,008,780 $160,678,191 Page 355 of 379 Rating Compliance Security Type Issuer CalTRUST CaITRUST Cash Sweep Bank Government Agency FEDERAL HOME LOAN BKS TENNESSEE VALLEY AUTH Medium Term Notes AMAZON COM INC AMERICAN HONDA FIN CO Municipal Bonds As of June 2024 CUSIP S&P Rating Moody Rating In Compliance? Market Va.. ######## Weight 6.44% Maximum.. 1.00% CaITRUST Null Null Y Cash Sweep Null Null Y $1,766,060 1.10% 1.00% 3130ASA82 AA+ AAA Y $495,585 0.31% 100.00% 3130ASE96 AA+ AAA Y $980,750 0.61% 100.00% 880591ER9 AA+ AAA Y $497,315 0.31% 100.00% 023135CP9 AA Al Y $992,570 0.62% 1.00% 02665WED9 A- A3 Y $990,290 0.62% 1.00% 037833ECO AA+ AAA Y $442,145 0.28% 1.00% 04636NAAl A A2 Y $464,215 0.29% 1.00% 06418BAE8 A- A2 Y $943,140 0.59% 1.00% BANK OF AMERICA CORP 06051GFX2 A- Al Y $484,605 0.30% 1.00% CANADIAN IMP BK COMM 13607HR61 A- A2 Y 1 $957,430 0.60% 1.00% CIGNA CORP 125523AG5 A- BAA1 Y $491,600 0.31% 1.00% CITIGROUP INC 172967KNO BBB+ A3 Y $482,900 0.30% 1.00% COCA COLA CO THE 191216CL2 A+ Al Y $496,415 0.31% 1.00% COMCAST CORP 2003ONBWO A- A3 Y $936,230 0.58% 1.00% DEERE JOHN CAPITAL 24422EWR6 A Al Y $995,740 0.62% 1.00% DEUTSCHE BKAG N Y 25160PAM9 A Al Y $1,001,690 0.62% 1.00% ESTEE LAUDER CO INC 29736RANO A Al Y $492,400 0.31% 1.00% GOLDMAN SACHS GROUP I 38141GXJ8 BBB+ A2 Y $492 355 0.31% 1.00% IBM CORP 459200ASO A- A3 Y $1,051,480 0.65% 1.00% INTELCORP 458140CD0 A- A3 Y $994,030 0.62% 1.00% INTERCONTINENTAL EXCH 45866FAD6 A- A3 Y $488 935 0.30% 1.00% MEAD JOHNSON NUTRITIO 582839AH9 A- A3 Y $491,340 0.31% 1.00% MITSUBISHI UFJ FIN GR 606822AJ3 A- Al Y $947,820 0.59% 1.00% MORGAN STANLEY 61746BDZ6 A- Al Y $488,770 0.30% 1.00% ROYAL BK CDA 78016EZD2 A Al Y $959,630 0.60% 1.00% STRYKER CORP 863667AH4 BBB+ BAA1 Y $486,595 0.30% 1.00% SUMITOMO MITSUI FINL 86562MAY6 A- Al Y $947,570 0.59% 1.00% TnRnNTn DnMINInN RANK Rgl15A7M3 A Al Y $998 800 0.62% 1.00% UNITED PARCEL SERVICE UNITEDHEALTH GROUP IN U.S. Treasuries U S TREASURY NOTE 89236TKL8 A+ Al Y 911312BT2 A A2 Y 91324PDN9 A+ A2 Y 91282CCJ8 N/A 91282CEX5 N/A AAA Y AAA Y $2,122,180 1.32% 1.00% $1,014,710 0.63% 1.00% $496,950 0.31% 1.00% $489,380 $973,570 0.30% 0.61% 1.00% 1.00% $997,070 0.62% 1.00% $489,000 ######## 0.30% 6.93% 1.00% 100.00% ######## 7.47% 100.00% ######## 7.35% 100.00% Page 356 of 379 CITY OF ELSEGUNDO LAI F 13 12 11 10 9 8 0 4. E 7 0 41 i a 6 a 5 4 3 2 1 0 LAI F Apportionment Rates As of June 2024 1979 1984 1989 1994 1999 2004 2009 2014 2019 2024 Date Page 358 of 379 LAI F Diagnostics As of June 2024 Apr 1, 19 Oct 1, 19 Apr 1, 20 Oct 1, 20 Apr 1, 21 Oct 1, 21 Apr 1, 22 Oct 1, 22 Apr 1, 23 Oct 1, 23 Apr 1, 24 Oct 1, 24 Date (Daily Rates) Measure Names Average Maturity Daily Quarter to Date Page 359 of 379 CITY OF ELSEGUNDO City Cash Flows Rolling 1-3-Month Cash Flow Analysis As of June 2024 $20,000,000 $18,1 $18,000,000 $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $7,401,5 /S $6,000,000 $4,000,000 $2,000,000 $0 June 2023 $20,789,009 $7,157,055 $7,299,417 August 2023 October 2023 December 2023 February 2024 April 2024 June 2024 Month of Date Measure Names Credits Debits Page 361 of 379 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 d $2,000,000 m > $0 ($2,000,000) ($4,000,000) ($6,000,000) ($8,000,000) ($10,000,000) Net Change in Cash by Year As of June 2024 $12,489,923 ($10,737,379) July August September October November December January February March April May June Month Years This Year Last Year Two Years Ago Page 362 of 379 Historic Drawdowns As of June 2024 $25,000,000 $25,622,728 Measure Names Delta Cash $23,802,964 Rolling 12-Month Cumulative Drawdown $22,867,66 k, A2.412.928 $21,769,86 VV $20,000,000 $16,979,291 $17,052,791 $16,948,871 $17,762,456 $15,585,731 $15,462,119 $15,792,747 $16,109,241 $16,725,952 $15,000,000 $14,761,324 $13,414,296 $13,373,290 $13,861,191 $14,911,012 12,094,066 $12,489,923$13,917,314 10,389,932 $11,0 ,937 $10,638,324 $9,444,192 $10,000,000 $9,131,76Y9,6992,171 567,727 $10,784,866 $8.51.295 ^ $7,271,416 I $5,329,544 $5,000,000 t 231 $0----------- - - I--- -------V -- - ---- -($2,9 ,612) ($3,489,461) ($3,9 017) ,754,597) ($5,000,000) ($4,483,630) ($4,180,579) ($4,012,919) ($3,7 529) ($7,520,128) ($10,000,000) ($9,659,128) ($9,780,664) ($15,000,000) I $6,8W,738 h 006) ($3,298,079) ! 1 ($9,106,740) ($10,751,520) ($10,737,379) ($15,333,461) 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Date Page 363 of 379 CITY OF ELSEGUNDO Economic Environment 5.55% 5.50% 5.49%.- 5.48% 5.00% 4.98%00—**' 4.50% 4.00% 3.50% IUI 3.00% n3 2.50% 2.00% 1.50% 1.00% 0.50% 0.00% U.S. Treasury Yield Curve As of June 2024 5.55% 5.54% 5.53% 5.16% 1 Month 2 Month 5.27% 3 Month 5.39% 5.23% 4.92% 4.90% 4.63% 4.81% 4.58% 4.48 o 4.26% 4.27% 3.95% 6 Month 1 Year 2 Year 3 Year 5 Year Month June 2023 September 2023 December 2023 _ March 2024 June 2024 Page 365 of 379 U.S. Treasury Maturity Through TI me As of June 2024 6.02% 6.00% 5.50% 5.00% 4.50% 4.00% 3.50% 41 3.00% 2.50% 2.00% 1.50% 1.15 1.00% 0.89% 0.82°/ 0.50% 0.00% Measure Names 1 Month 2 Month 3 Month 6 Month 1 Year 2 Year 3 Year 5 Year 33% 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Date Page 366 of 379 5 4 3 2 n a m 1 0 -1 -2 10-Year Minus 3-Month Treasury Yield Spread As of June 2024 1984 1989 1994 1999 2004 2009 2014 2019 2024 Date Page 367 of 379 14.00% 12.00% 10.00% 8.00% d 6.00% 4.00% 2.00% 0.00% -2.00% Unemployment vs Inflation As of June 2024 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 Date Measure Names M Inflation Pct Unemployment Pct Page 368 of 379 3.5 3.0 2.5 2.0 1.5 m 0.0 -0.5 -1.0 -1.5 -2.0 -2.5 5-Year Breakeven Inflation Prediction As of June 2024 2003 2005 2007 2009 2011 2013 2015 2017 2019 2021 2023 2025 Date Page 369 of 379 CITY OF ELSEGUNDO I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on 10/1/22. A copy of this policy is available in the office of the City Clerk. The investment program herein shown provides sufficient cash flow liquidity to meet the next six months estimated expenditures. Sources for the valuations are as follows: Federal Agency Issues, Treasury Securities and Miscellaneous Securities: Union Bank, the custodial agent for the City of El Segundo. Detailed information on all purchase and sale transactions follows the Investment Portfolio Details section. Matthew Robinson, City Treasurer Date - City Council Agenda Statement F 1 F �' t 1) �� Meeting Date: September 3, 2024 Agenda Heading: Council Member Giroux Item Number: 20 TITLE: Resolution to Amend Preferential Parking Zone 3 RECOMMENDATION: 1. Adopt resolution to add restrictions to Preferential Parking Zone 3, including E. Pine Avenue from Kansas Street to Washington Street; and allowing overnight parking with a permit (from 6 p.m. to 6 a.m.) along the west side of Illinois Street from E. Mariposa Avenue to E. Holly Avenue. 2. Alternatively, discuss and take other action related to this item. FISCAL IMPACT: None. BACKGROUND: On February 6, 2024, City Council approved a resolution establishing Preferential Parking Zone 3, requiring 24-hour residential parking permits along the following street segments: • West curb line of Indiana Street between Mariposa Avenue and Holly Avenue • East curb line of Illinois Street between Mariposa Avenue and Holly Avenue • North and south curb line of Pine Ave. between Illinois Street and Indiana Street • North curb line of Holly Avenue between Illinois Street and Indiana Street • South curb line of Mariposa Avenue between Indiana Street and Illinois Street The same resolution also established a two-hour vehicle parking restriction along the following street segments: • West curb line of Illinois Street, from Mariposa Avenue to Holly Avenue Page 371 of 379 Amend Preferential Parking Zone 3 September 3, 2024 Page 2 of 3 • East curb line of Indiana St. from Mariposa Avenue to Holly Avenue On March 19, 2024, this Preferential Parking Zone 3 was amended to include Washington Street from Mariposa Avenue to Holly Avenue, and established an additional four-hour parking restriction along the west curb line of Kansas Street and the north curb line of Holly Avenue fronting Holly Kansas Park. 1]6*6111*1107►F After the implementation of this Preferential Parking Zone 3, some residents expressed concerns and based on input from the residents, staff recommends the amendment of Preferential Parking Zone 3 to include E Pine Avenue from Kansas Street to Washington Street, and to allow overnight parking (from 6 p.m. to 6 a.m.) with permits only along the west side of Illinois Street, from E Mariposa Avenue to E Holly Avenue. Staff initially recommended the inclusion of E Pine Avenue from Kansas Street to Washington Street in Preferential Parking Zone 3. To reiterate, the two-hour restriction along the west side of Illinois Street would remain in place, subject to enforcement by the Police Department, except for individuals with permits who can park overnight from 6 p.m. to 6 a.m. It is to be noted that staff will bring this item back to the City Council in November 2024 for the final assessment of this pilot project. CITY STRATEGIC PLAN COMPLIANCE: Goal 2: Optimize Community Safety and Preparedness Strategy C: Protect and prepare the El Segundo Community and staff for any emergency, disaster, or environmental violation. Strategy D: Ensure that the community feels safe and is satisfied with the services of the El Segundo Police Department. Goal 3: Deliver Solution -Oriented Customer Service, Communication, Diversity, Equity, and Inclusion Strategy A: Enhance proactive community engagement program to educate and inform the public about City services, programs, and issues. PREPARED BY: James Rice, Associate Engineer REVIEWED BY: Elias Sassoon, Public Works Director APPROVED BY: Page 372 of 379 Amend Preferential Parking Zone 3 September 3, 2024 Page 3 of 3 Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Current Preferential Parking Zone 3 Map 2. Proposed Preferential Parking Zone 3 Map 3. ES - Resolution Preferential Parking Zone 3 Update 03192023 v2 Page 373 of 379 Exhibit Map of Jesus of LDS m� CO E Mariposa Ave o N O E Pine Ave o Ra IV i i IT� m Ave CKansas Park I a`l% CU —_ 0 Cn n E Mariposa Ave y � Hacienda Hotel JL Freedom Park E Pine Ave Q v r � ( w ` Cn E Holly Ave E Holly Ave a U m w � � m 0°1 3 cQ = O 7 9 Homestead Studio Suite: Hotel Page 374 of 379 Exhibit Map of Jesus of LDS m� CO E Mariposa Ave o N O E Pine Ave o Ra IV i i IT� m Ave CKansas Park I a`l% CU —_ 0 Cn n E Mariposa Ave y � Hacienda Hotel JL Freedom Park E Pine Ave Q v r � ( w ` Cn E Holly Ave E Holly Ave a U m w � � m 0°1 3 cQ = O 7 9 Homestead Studio Suite: Hotel Page 375 of 379 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA DESIGNATING PREFERENTIAL PARKING ZONE NO. 3 AND ASSOCIATED HOURLY RESTRICTIONS PURSUANT TO VEHICLE CODE § 22500 ET SEQ. The City Council of the city of El Segundo does resolve as follows: SECTION 1. Findings. The City Council finds: A. Preferential parking in "Zone No. 3," as defined below, is required to enhance or protect the quality of life in the area of the designated area and necessary to provide reasonably available and convenient parking for the benefit of adjacent residents. B. Based upon the recommendation of the Public Works Director, acting as the City Traffic Engineer, and the agenda report accompanying this Resolution, the following conditions set forth in El Segundo Municipal Code ("ESMC") § 8-5A-4 exist to substantiate the establishment of preferential parking in Zone No. 3- 1 . Regular Interference: That "nonresident vehicles", defined as those vehicles owned and/or operated by persons who are not "residents," do or may substantially and regularly interfere with the use of the majority of available public street or alley parking spaces in the proposed zone by adjacent residents; 2. Regular Intervals: That the interference by the nonresident vehicles referred to in subsection A occurs in the proposed zone at regular and significant daily or weekly intervals; 3. Noise: That the nonresident vehicles parked in the area of the proposed zone cause or are the source of unreasonable noise, traffic hazards, environmental pollution, or devaluation of real property in the area of the proposed zone; and 4. Shortage of Parking Spaces: That a shortage of reasonably available and convenient residential related parking spaces exists in the area of the proposed zone. SECTION 2. Zone Establishment. Subject to the provisions of ESMC § 8-5A-5, 24-hour preferential parking is established in the area comprising Zone No. 3 as follows: ZONE 3: No parking except by permit on: the east curb line and west curb lines of Washington St. between Mariposa Ave. and Holly Ave.; the west curb line of Indiana St. between Mariposa Ave. and Holly Ave.; the east curb line of Illinois St. between Mariposa Ave. and Holly Ave.; the north and south curb lines of Pine Ave. between Illinois St. and Indiana St.; the north curb line of Holly Ave. between Illinois St. and Indiana St.; the south curb line of Mariposa Ave. between Indiana St. and Illinois St.; the east and west curb lines of Kansas St. between Holly Ave. and Page 376 of 379 Mariposa Ave.; and the north and south curb lines of Pine Ave. between Kansas St. and Washington St. The establishment of preferential parking in Zone No. 3 in above paragraph will be temporarily effective from May 1, 2024 through April 30, 2025 as a pilot program, unless earlier terminated by the City Council. SECTION 3. Additional Two -Hour Parking Restriction. Pursuant to Vehicle Code § 22507, a two-hour vehicle parking restriction is established on: the west curb line of Illinois St. from Mariposa Ave. to Holly Ave.; and the east curb line of Indiana St. from Mariposa Ave. to Holly Ave. The foregoing notwithstanding, any resident subject to Zone No.3, as established in section 2, above, may park along the west curb line of Illinois St. from Mariposa Ave. to Holly Ave. between the overnight hours of 6:00 p.m. through 6:00 a.m. without the two-hour vehicle parking restriction applying, so long as the resident properly displays a City -issued permit IN his or her vehicle during such overnight hours. SECTION 4. Additional Four -Hour Parking Restriction. Pursuant to Vehicle Code § 22507, a four-hour vehicle parking restriction is established on the west curb line of Kansas St. fronting Holly Kansas Park and the north curb line of Holly Ave. fronting Holly Kansas Park. "WO199M me, A. The Public Works Director, or designee, is directed to do the following, pursuant to ESMC Chapter 8-5A, as to Zone No. 3 established in Section 2, above, and pursuant to Vehicle Code § 22500 et seq., as to restrictions set forth in Sections 3 and 4, above: 1. Take necessary steps to notify the public of Zone No. 3's preferential parking restrictions and the hourly and overnight parking restrictions set forth in Sections 3 and 4, above, including, without limitation, the installation of appropriate signage; and 2. Issue permits for preferential parking to residents and visitors pursuant to the requirements and limitations of ESMC § 8-5A-7 and exemptions set forth in ESMC § 8-5A-8, as to the restrictions in Section 2, and the permits for preferential parking, as to the restrictions set forth in Section 3, above. B. The Chief of Police, or designee, is directed to enforce violations of ESMC Chapter 8-5A pursuant to ESMC § 8-5A-9(C), as to Zone No. 3 established in Section 2, above, and violations of Sections 3 and 4, above, pursuant to Vehicle Code § 22500 et seq. C. The Public Works Director, or designee, is directed to notify the public of the two-hour vehicle parking restriction established in Section 3, above, including, without limitation, the installation of appropriate signage and issuance of permits, pursuant to Section 3, above. D. The Public Works Director, or designee, is directed to notify the public of the four-hour vehicle parking restriction established in Section 4, above, including, without limitation, the installation of appropriate signage. Page 377 of 379 SECTION 6. Severability; Supersession. 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 Resolution are severable. This Resolution supersedes any previously adopted Resolution concerning the establishment of Zone No. 3 which are hereby rescinded. SECTION 7. 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 8. Effective Date. This Resolution will take effect immediately upon adoption and will remain effective unless repealed or superseded. SECTION 9. City Clerk Direction. 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. PASSED, APPROVED AND ADOPTED this day of , 2024. Drew Boyles, Mayor 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 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 2024, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy Weaver, City Clerk Page 378 of 379 APPROVED AS TO FORM: Mark D. Hensley, City Attorney Page 379 of 379