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2004 NOV 16 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. 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 portion of the Meeting. During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council. Additionally, 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. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 16, 2004 — 5:00 P.M. Next Resolution # 4399 Next Ordinance # 1379 5:00 P.M. SESSION CALL TO ORDER ROLL CALL PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. 0 2 SPECIAL MATTERS (continuation of interviews from the 4:30 p.m. Special Meeting if necessary). 1. Interview of candidates for the Planning Commission, Community Cable Advisory Committee, and a resident representative to the Economic Development Advisory Council and appointments for such positions. (Conducted in the West Conference Room). CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et se q.) 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; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 5 matters 1. Flynn v. City of El Segundo, LASC No. YC046253 2. Bressi v. City of El Segundo,.LASC Nos. BC288292 and 288293 3. City of El Segundo v. Stardust West Apartments, LASC No. YC031364 4. Pulido v. City of El Segu,ndo, USDC No. 03CU7563 5. In re Petition of Time Warner Inc., Federal Communications Commission, CSR-El Segundo CA 0467 (filed 10/18/2004) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 0 matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — 0 matter 2 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. 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 portion of the Meeting. During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council. Additionally, 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. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 16, 2004 - 7:00 P.M. Next Resolution # 4399 Next Ordinance # 1379 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Rev. Bonnie Wulff from the Living in the Inner Light Foundation PLEDGE OF ALLEGIANCE — Council Member Jim Boulgarides 3 0 4 PRESENTATIONS - (a) Presentation of award by the Municipal Information Systems Association of California (MISAC) to the City of El Segundo for "Excellence in Information Technology Practices ". (b) Proclamation observing November 22, 2004 through December 17, 2004 as the Spark of Love Toy Drive and encouraging the community to support this holiday program by contributing toys and non - perishable foods to the El Segundo Fire Department during November 22 through December 17, 2004. ROLL CALL 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. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS 1. Consideration and possible action regarding fee waivers for special events. Adopt fee waiver guidelines for Special Event Permits. Establish Fee Waiver Account. (Fiscal Impact: $23,041) Recommendation - (1) Approve administrative guidelines for Municipal Code Chapter Eight, 8 -8 -7 Section D Fee Waivers; (2) Establish an account for Special Event Permit fee waivers; (3) Alternatively, discuss and take other action related to this item. 4 � J D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 2. Consideration and possible action regarding the announcement of the appointments of two candidates to the Planning Commission, one appointment to the Community Cable Advisory Committee, and the appointment of a resident representative to the Economic Development Advisory Council. Recommendation — (1) Announce the Planning Commission, Community Cable Advisory Committee and Economic Development Advisory Council (resident representative) appointees, if any, and terms of office; (2) Alternatively, discuss and take other action related to this item. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 3. Warrant Numbers 2544086 to 2544330 on Register No. 3 in the total amount of $1,137.211.00 and Wire Transfers from 10/22/2004 through 11/04/2004 in the total amount of $335,688.83. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 4. City council Meeting Minutes of November 3, 2004. Recommendation — Approval. 5. Consideration and possible action regarding the annual Resolutions establishing and updating the City /employer's contribution under the Public Employees' Medical and Hospital Care Act for the City's bargaining units. Recommendation — (1) Adopt the required Resolutions; (2) Alternatively, discuss and take other action related to this item. 6. Consideration and possible action regarding approval of a three -year Memorandum of Understanding (labor agreement) between the City of El Segundo and the El Segundo City Employees Association. (Fiscal Impact: FY 2004 -2005 is $155,100). Recommendation — (1) Adopt Resolution approving the Memorandum of Understanding; (2) ,Alternatively, discuss and take other action related to this item. s 0 6 7. Consideration and possible action regarding approval of a three -year Memorandum of Understanding (labor agreement) between the City of El Segundo and the El Segundo Police Support Services Employees Association. (Fiscal Impact: FY 2004 -2005 is $45,000) Recommendation — (1) Adopt Resolution approving the Memorandum of Understanding; (2) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action regarding a request for an operation permit located at 1924 East Maple Street and /or 500 South Douglas Street to allow Dav -El Chauffeured Transportation Network, a chauffeured limousine business to transport passengers on the City's public streets. Recommendation — (1) Approve an operation permit request for Dav -El Chauffeured Transportation Network, a chauffeured limousine business to transport passengers on the City's public streets; (2) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action regarding adoption of plans and specifications for the 2004 -2005 Annual Contract for the City -wide Curb and Sidewalk Repair Program — Project No. PW 04 -11. (Estimated Cost: $50,000) Recommendation — (1) Approve plans and specifications; (2) Authorize staff to advertise the project for receipt of construction bids; (3) Alternatively, discuss and take other action related to this item. 10. Consideration and possible action regarding award of contract to Spectra Contract Flooring for carpeting and installation on the main floor of the City Library. (Fiscal Impact: $67,000). Recommendation — (1) Recommend that City Council waive the formal bidding process per the Municipal Code, and approve the City's use of a State of California approved — California Multiple Award Schedule (CMAS) Contract #GS- 27F -0034A for library carpet with Shaw Industries, Inc. (manufacturer) and award contract to the authorized distributor and installers Spectra Contract Flooring, in the amount of $67,000; (2) Authorize the City Manager to execute an agreement on behalf of the City; (3) Alternatively, discuss and take other action related to this item. 11. Consideration and possible action authorizing the City Manager to issue a letter of concurrence to the City of Simi Valley to utilize a radio frequency co- channeled with one assigned to the City. Recommendation — (1) Authorize the City Manager to issue a letter of concurrence to the City of Simi Valley to utilize a radio frequency co- channeled with one assigned to the City; (2) Alternatively, discuss and take other action related to this item. 6 0 7 12. Consideration and possible action regarding a special permit, per Municipal Code, Section 8- 8 -7(D) (2), the waiver of fees for city services associated with Holiday Main Street Parade (Fiscal Impact: $8,233). Recommendation - (1) Recommend to approve fee waiver for City services associated with the Holiday Main Street Parade; (2) Alternatively, discuss and take other action related to this item. 13. Consideration and possible action regarding award of three year contract to Bell Building Maintenance Company for the City's janitorial services effective January 1, 2005 (Fiscal Impact: $106,812) Recommendation — (1) Award contract to Bell Building Maintenance Company in the arnount of $106,812; (2) Authorize the City Manager to execute an agreement for services subject to approval by City Attorney; (3) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 14. Consideration and possible action regarding adoption of a resolution increasing the civil penalties for parking violations regulated by Title 8 of the El Segundo Municipal Code. Recommendation — (1) Adopt resolution increasing the City's civil penalties for parking violations, including but not limited to street sweeping violations; (2) Alternatively, discuss and take other action related to this item. 15. Consideration and possible action regarding the authorization for the Fire Department to purchase an Urban Search and Rescue (USAR) Vehicle from the sole source vendor, Hackney Emergency Vehicle Company. (Fiscal Impact: $530,000 for Vehicle and Equipment). Recommendation — (1) Pursuant to El Segundo Municipal Code Sec. 1 -7 -10, waive the bidding process based upon sole source vendor for an Urban Search and Rescue (USAR) Vehicle which is in keeping with NFPA Standard 1901 and meets the City of El Segundo Fire Department specifications; (2) Authorize the City Manager to sign a contract with the Hackney Emergency Vehicle Company to build an Urban Search and Rescue Vehicle; (3) Authorize the disposal of the Technical Rescue Vehicle at auction after the USAR vehicle is in service; (4) Alternatively, discuss and take other action related to this item. 7 0 8 G. REPORTS — CITY MANAGER 16. Consideration and possible action regarding a status report on the direction from the Los Angeles County Department of Health Services (DHS), Emergency Medical Division regarding paramedic transports after the pending closure of Robert F. Kennedy (RFK) Hospital. There will be an oral presentation. (Fiscal Impact: None) Recommendation — (1) Receive and file status report on the direction from the Department of Health Services (DHS) regarding paramedic transports after the closure of Robert F. Kennedy (RFK) Hospital; (2) Alternatively, discuss and take other action related to this item. H. REPORTS — CITY ATTORNEY — NONE I. REPORTS — CITY CLERK 17. Demonstration of Questys Document Imaging Program. J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — 18. Consideration and possible action regarding a status report on implementation of Public Access Defibrillators ( "PADs ") in City of El Segundo buildings. (Fiscal Impact: None) Recommendation — (1) Receive and file status report on implementation of PADs; (2) Alternatively, discuss and take other action related to this item. Council Member Busch - Council Member Jacobson - Mayor Pro Tern Gaines - Mayor McDowell - PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have receive 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. MEMORIALS - 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) ADJOURNMENT POSTED: DATE: TIME: _ �' / ' /n nn _ NAME: U 9 el I G EL SEGUNDO CITY COUNCIL MEETING DATE: November 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding fee waivers for special events. Adopt fee waiver guidelines for Special Event Permits. Establish Fee Waiver Account (Fiscal Impact $23,041) RECOMMENDED COUNCIL ACTION: 1. Approve administrative guidelines for Municipal Code Chapter Eight, 8 -8 -7 Section D Fee Waivers 2. Establish an account for Special Event Permit fee waivers 3. Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: City Council asked staff to develop some administrative guidelines for the current Municipal Code Chapter Eight, 8 -8 -7 Section D. Fee Waivers. This Municipal Code reads: "Fee Waivers, upon an applicant's request, the director may, but is not required to, seek a fee waiver from the city council for an event. Fees may be waived for the following applicants: 1. Non - profit groups with current Internal Revenue Code 501(c)(3) status or 501(c)(6)status, government agencies, and public schools; or 2. Community service groups or organizations with out current internal Revenue Code 501(c)(3) status, or 501(c)(6) statues where the city council determines that the proposed event provides services that meet community needs and it is in the public interest to waive such fees." (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: Exhibit A Fee Waiver Guidelines Exhibit B. Matrix of Fee Waiver Cost 2003 -2004 FISCAL IMPACT: $23,041 Operating Budget: Various Account Number: Project Phase: Appropriation Required: _X—Yes _ No ORIGINATED: DATE: -o Stacia Mancini, Recreation and Parks Director REVIEWED BY: DATE: Mary Strenn, City anager 0 1' 1 Background and Discussion (con't): Last year City Council waived approximately $78,406 in fees for Special Events, less then half of that was budgeted. Council had requested that guidelines be established before approving further fee waivers. Staff has developed some guidelines to help City Council prioritize and budget annually. One recommendation is to send letters to the local school district, Chamber of Commerce, and non - profits, that meet the 75% resident or business worker guidelines. Staff will ask for their calendar of events, for which they wish to have fees waived. In that letter staff will remind them that they can only have two fee waivers a year. Even with that, the Council will need to appropriate funds. It should be noted that for 2004- 2005 City Departments do not have any funds budgeted for Special Event fee waivers. 012 EXHIBIT " A" Recommended Administrative Guidelines for Municipal Code Chapter Eight, 8 -8 -7 Section D. Fee Waivers Fee Waiver Guidelines for SPECIAL EVENT Permits Fees charged for a special event held on or impacting public right of way (Special Event Permit Fees) may be waived by the City Council. If the applicant requests a fee waiver under one of the following categories and the appropriate criteria are met. Programs or Events that will be Considered for Fee Waivers A. Fees may be waived for events and programs that are sponsored by a City Department. B. The City Council may choose to waive fees for an event or program if the Recreation and Parks Director determines that all of the following criteria are met: 1. The co- sponsoring agency has or is in the process of receiving 501(C) 3 status and shows proof of status; and that the organization has a 75% resident or El Segundo Business membership; 2. Organizations may request fee waivers only twice a year in any one City fiscal year, October 1, through September 30; 3. The program or event is of significant value to the community or to a significant portion of its residents; 4. Appropriate recognition as Co- Sponsor of the event or program is provided for the City of El Segundo on all promotional materials and at the event or program; and 5. Any direct cost the City would incur such as towing fees for the show wagon, etc. will not be waived. Reporting Recreation and Parks staff will provide an annual report to the City Council regarding all fee waivers that have been approved or implemented at the strategic planning session. 013 .0 Ip y i3 � i� III it I IoI I =ICI C CD (D Z Im N 0l'I �I I2'al (D m — -. Im j� �'I 0 O Iy m c 3 fl. z oly� cn Q COD CD D. � �. 1 r7- < C CD 0- iIy � ° (D °'a c m fl �i m O _ a3 o CD 3 loo W C 0 ICI O N J O CD I I I ! 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RECOMMENDED COUNCIL ACTION: (1) Announce the Planning Commission, Community Cable Advisory Committee and Economic Development Advisory Council (resident representative) appointees, if any, and terms of office (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Committee /Commission & Board: Planning Commission (shorter term) Community Cable Advisory Comm Economic Development Advisory (Resident Representative) # of Openings Appointee Us., Term Expire(s): 06/30/08 06/30/07 10/31/08 no expiration ATTACHED SUPPORTING DOCUMENTS: N/A FISCAL IMPACT: N/A ORIGINATED: Date: November 8, 2004 /J ulia 0. Abreu, Executive Assistant REVIEWED BY: Date: November 8, 2004 Mary Stren ,City Manager 015 0 z OLL 0 } Z S m N 0J W Q N F- W F- LL N O� Q U� Q 3 Q I a °o N m x 7 O Z LL O N a J O a a 0 w 0 n N m a N li O 3 w O w LL Q d' F- O 0 Z fop Z w w a F _ �a as Nz a O U O Z O O LU 0 0 � U U U x x x 0 0 0 ta > > > z °o N r W V co O N to N O N O N O a�nomof ' � m rrnO g O Nm�NM N 1[imO]Or W car V c� rnrcoe a� �NC�m0 co0Cam m c c m Nt0O m0 N Of y A � C M O N N U ) T d o .a U N C C N G $ c 4 C N G ^y d a N ; > U w E E y o 0 LL C a aa d .O N Z Z) LU a. N_ O d C d j LL O z U a c +� C O N d u W Z F 5 0 LL CK W W O d Q Fy F U 7 } Z N W F=- O S, d O G Ny O1 U F O LL a; O Z O O p d CL N L U G C Zoa0OZOa OZY n�U W >wiz ZN o LLI d OzwFFzFLLm a0 NaLLLL¢ r o v °— LM c L �zl�i wv��aB°D ulai0zzzvcwi��c�r�v~iu� 3v LL�xm000u�rr m www> >gz �n »w c o N> C Z LL LL Z d' a' U Q .d O d E d a G w o w w z z z z z a V f 7 r g w 3 m e E a� tS E H J N Q a r r z u Q LL f w z az O w? W w a a w r > c N N �° a m a�UC�v woa�?y��¢ v Nav~iFm�I�uOaYw °zzm �° d °c c c �c n� W ILLiHO�� a a o W w a Oaaw ~KJ FfnJ 7¢1�� W W F w d— _ O U y u E c w< rS Ui U) 0�� m O> o� w O N a LL¢ 5 5 0 0 5 0 L X� L cal naac�aLLaxxriLLCiac�?LL33CVw�3m wo a C d u LJ pp po pp o d E w V rU.. y W `$ N 8 0 0 0 m O N M o N N m 0 D n W! d O 0 0 O O O 0 0 0 O 0 V y d T d yj C d a E d 'E v !n C 7 YN c G 7 C ._ y W O y 'p U d H W Ol V7 « m Q W O E U U t O cO c O 0 W V � .N m d Zz ad � is a p m a d �0 d y U°� a Um�m� O _ U d Q J a O LL0 5 O � a Q o U) i LU 4 m u QQ It H O U C p 0 11 G II LL cn U _ LL U K LL Q m W U Q Q i w mU O 4 U a >a 6 « N A 0 N W y W 'o U N d w d m W � z t °c p O cc 0 U li W � II Q' Q = O O 0 1 h 3 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 10/22/2004 THROUGH 11/04/2004 Date Payee Amount 10/22/04 Health Comp 3,716.15 10/27/04 PGC El Segundo LLC 30,942.60 11/1/04 Siemens Credit Corp 44,837.50 11/3/04 Federal Reserve Bank 100.00 11/3/04 Federal Reserve Bank 100.00 11/3/04 Federal Reserve Bank 300,00 11/4/04 Health Comp 2,863.12 11/4/04 Employment Development 37,151.38 11/4/04 IRS 175,191.68 10/22 - 11/4/04 Workers Comp Activity 40,486.40 335,688.83 DATE OF RATIFICATION: 11/16/04 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: - - I -- Deputy Peasurk Date Director f Administrative Service Date City Manager Date Description Weekly claims 10/15 Payroll transfer Otly Energy Payment Employee Savings EE Bonds Employee Savings EE Bonds Employee Savings I Bonds Weekly claims 10/22 State Taxes Federal Taxes SCRMA checks issued Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 335,688.83 017 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, NOVEMBER 3, 2004 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 5:00 p.m. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Absent Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et se q.) 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; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 3 matters Flynn v. City of El Segundo, LASC No. YC046253 Bressi v. City of El Segundo, LASC Nos. BC288292 and 288293 City of El Segundo v. Stardust West Apartments, LASC No. YC031364 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 2 matters Represented Group: City Employees Association Labor Negotiators: Mary Strenn & Bruce Barsook Represented Group: Police Support Services Labor Negotiators: Mary Strenn & Bruce Barsook 018 let MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2004 PAGE NO. 1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — 0 matter Council moved to open session at 5:48 p.m. SPECIAL MATTERS — (anticipated to commence at approximately 5:45 p.m.) Emergency Operations Plan Orientation/Training to Emergency Services Coordinator at the El Segund o Operations Center (EOC), 348 Main Street. Council recessed at 6:55 p.m. be conducted by David Burns, Police Department Emergency 01:1 MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2004 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, NOVEMBER 3, 2004 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Chaplain Tom Kelly of the Los Angeles Air Force Base PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — Presented a Proclamation to Chaplain Tom Kelly of the Los Angeles Air Force Base, in observance of Veterans Day, November 11, 2004. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Absent Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present 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. Kelly Kemp, Member of the Aquatic Task Force, urged Council to approve the retention of RJM Design Group for development of an Aquatic Master Plan. Jerry Saunders, Continental Development Corporation, spoke regarding the potential amendments to the General Plan. He also requested to be advised if that would be in the Circulation element. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member Jacobson, SECONDED by Council Member Busch to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR PRO TEM GAINES ABSENT 042"0 MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2004 PAGE NO. 3 B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS Consideration and possible action regarding potential amendments to the General Plan, Local Coastal Program, and El Segundo Municipal Code to rezone the 34 -acre El Segundo Power Plant site at 301 Vista Del Mar to allow for commercial uses. Mary Strenn gave a report. MOVED by Council Member Jacobson, SECONDED by Council Member Boulgarides to accept proposals for professional services for the preparation of amendments to the General Plan, Local Coastal Program, and Municipal Code and preparation of an Environmental Impact Report. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR PRO TEM GAINES ABSENT 2. Consideration and possible action regarding Aquatic Taskforce and Recreation and Parks Commission recommendation to approve contract for Aquatic Master Plan Consultant, with RJM Design Group. (Fiscal Impact: $50,648) Mary Strenn gave a report. MOVED by Council Member Jacobson, SECONDED by Council Member Boulgarides to award the Aquatic Master Plan Consultant Contract to RJM Design. Authorized the City Manager to execute the standard professional services Contract No. 3408 on behalf of the City. C. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE D. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 3. Approved Warrant Numbers 2543749 to 2544085 on Register No. 2 in the total amount of $1,457,067.65 and Wire Transfers from 10/8/2004 through 10/21/2004 in the total amount of $301,103.53. Authorized staff to release. Ratified: Payroll and Employee Benefit checks; checks released earl due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 4. Approved City Council Special Meeting Minutes of October 15, 2004 and Regular Meeting Minutes of October 19, 2004. 5. Approved and specifications for replacement of playground equipment at the Holly /Kansas Park — Approved grant from the Los Angeles County Regional Park Open Space District — Project No. PW 04 -09. (Fiscal Impact: $74,610). Authorized staff to advertise the project for receipt of bids. 021 MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2004 PAGE NO. 4 6. Approved Program Supplement Agreement No. 002 -M for a federal grant of $798,818 for the Douglas Street Project. (Fiscal Impact: Federal grant). Authorized the City Manager to execute the program supplement on behalf of the City. 7. Appropriated $200,000 to the 2004 -05 fiscal year budget; Authorized payment of $200,000 to County of Los Angeles Department of Public Works for the El Segundo Area Intelligent Transportation System Project. 8. Awarded Contract No. 3409 to Karcher Environmental, Inc. for the abatement of asbestos and lead from the El Segundo Clubhouse — 300 East Pine Avenue — Project No. PW 04 -08. (Fiscal Impact: $49,950). Authorized the City Manager to execute the contract on behalf of the City in a form approved by the City Attorney. MOVED by Council Member Jacobson, SECONDED by Council Member Boulgarides to approve Consent Agenda Numbers 3, 4, 5, 6, 7 and 8. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR PRO TEM GAINES ABSENT. COUNCIL MEMBER BUSCH NOT PARTICIPATING IN ITEM NO. 8 DUE TO A POTENTIAL CONFLICT REGARDING THE LOCATION OF HIS RESIDENCE. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 9. Consideration and possible action regarding the approval of the elimination of the vacant Assistant Finance Director position; approval of the Closed Promotional Examination plan for the Personnel Merit System job classification of Senior Administrative Analyst; and use of interim professional accounting services funded from elimination of the Assistant Finance Director position. (Fiscal Impact: Annual estimated savings of $38,400). Mary Strenn, City Manager, gave a report. MOVED by Council Member Jacobson, SECONDED by Council Member Boulgarides to approve the elimination of the Assistant Finance Director, approve the Examination Plan for Senior Administrative Analyst and approve the use of interim professional accounting services to be funded from savings from elimination of the Assistant Finance Director position. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR PRO TEM GAINES ABSENT G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE I. REPORTS — CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2004 PAGE NO. 5 Council Member Boulgarides — Spoke regarding the Halloween Frolic, He requested an update on the AED Program from the Fire Chief be agendized for the next Council Meeting. Also commented on the upgrades at El Segundo Beach. Requested an oral update on the 2 units on a lot ordinance be agendized. Council Member Busch — Spoke regarding the Halloween Frolic. El Segundo Employees Association and the SBCCOG, have announced the MTA voted to approve the Coastal Corridor Transportation Initiative. Noted that Proposition 1A was passed. He also stated he and Council Member Jacobson were working on the Senior Housing Sub - Committee. Council Member Jacobson — NONE Mayor Pro Tern Gaines — ABSENT Mayor McDowell — Commented on the exceptional voter turnout at the Presidential Election of Nov. 2, 2004. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive 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. Liz Garnholz, resident, spoke regarding a City tree that was removed illegally and commented on how important trees were to the environment. Also spoke on airport issues, campaign reform and the direction given to staff to prepare amendments. She further spoke on water billing. Jerry Saunders, Continental Development Corporation, thanked the Mayor for his clarification. MEMORIALS — NONE CLOSED SESSION — NONE ADJOURNMENT at 7:36 p.m. Cindy Mortesen, City Clerk 023 MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 3, 2004 PAGE NO. 6 EL SEGUNDO CITY COUNCIL MEETING DATE: November 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding the annual Resolutions establishing and updating the City /employer's contribution under the Public Employees' Medical and Hospital Care Act for the City's bargaining units. RECOMMENDED COUNCIL ACTION: 1) Adopt the required Resolutions. 2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: As required, the City files with the Public Employees Retirement System (PERS) the annual Resolutions reflecting changes in the City's contribution for employees and annuitants under the Public Employees Medical and Hospital Care Act. Current Memorandum of Understanding contract provisions with the City's Police Officers Association, Firefighters Association and Police Managers Association provide that the City contribution is based on the average dollar increase in the premiums for HMO's available to all PERS covered employees in the Southern California area. In the 2005 medical year, the maximum City contribution for medical coverage is $757.29 /month per employee. The Associations represents approximately 113 employees. - Continued on next page - ATTACHED SUPPORTING DOCUMENTS: Proposed Resolutions. FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes x No ORIGINATED: DATE: November 4, 2004 Bret M. Plumlee, Director of Administrative Services REVIEWED BY: DATE: Mary enn, City Manager agenda527 5 024 BACKGROUND & DISCUSSION: The City's maximum contribution for Police Officers Association, Firefighter's Association and Police Managers Association annuitants is the same as for an active, represented employee. Current Memorandum of Understanding contract provisions with the newly formed City's Police Support Services Employees' Association provides that the City contribution for medical insurance will be equal to the premium cost of full family coverage for the average of the HMO's available to all PERS covered employees in Los Angeles County, or $807 per month, whichever is greater. The Association represents approximately 23 employees. The City's maximum contribution for Police Support Services Employees Association annuitants is the same as for an active, represented employee. Fiscal Year 2004 -2005 salary and benefits changes for un- represented Executive Management and Confidential employees provide that the City monthly contribution for health insurance, effective July 1, 2004 shall increase by $100 to $1000 per month. The City Manager and Elected Officials also receive up to the City's maximum contribution for medical insurance. The City's maximum contribution for Executive Management, Mid - Management and Confidential Employees, City Manager, and Elected Official annuitants is the same as for an active employee. 025 RESOLUTION NO. A RESOLUTION FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE EL SEGUNDO POLICE OFFICERS' ASSOCIATION. BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds as follows: A. Government Code § 22825.6 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount not less than the amount required under Government Code § 22825; B. Government Code § 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants must be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and C. The City of El Segundo ( "Employer ") is a local agency contracting under the Act for participation by members of the El Segundo Police Officers' Association. SECTION 2: The Employer's contribution for each employee will be the amount necessary to pay the full cost of the employee's enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of $757.29 per month effective January 1, 2005. SECTION 3: The Employer's contribution for each annuitant will be the amount necessary to pay the full cost of the employee's enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of $757.29 per month effective January 1, 2005. SECTION 4: The City Clerk is directed to certify the passage and adoption of this Resolution; enter same in the book of original Resolutions; and make a Minute of its adoption in the City's records and in the Minutes of the meeting when it was adopted. SECTION 5: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED, APPROVED AND ADOPTED this 16th day of November, 2004. Kelly McDowell, Mayor 1. W42 ATTEST: I, Cindy Mortesen, 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 16th day of November 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk 2. APPROVED,�s ' 6-ftorney RM: Mark D. H s Karl H. Be Assistant ( 027 RESOLUTION NO. A RESOLUTION FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE EL SEGUNDO FIREFIGHTERS' ASSOCIATION BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds as follows: A. Government Code § 22825.6 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act must fix the amount of the employer's contribution at an amount not less than the amount required under Government Code § 22825; B. Government Code § 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants must be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and C. The City of El Segundo, ( "Employer") is a local agency contracting under the Act for participation by members of the El Segundo Firefighters' Association. SECTION 2: The Employer's contribution for each employee will be the amount necessary to pay the full cost of the employee's enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of $757.29 per month, effective January 1, 2005. SECTION 3: The Employer's contribution for each annuitant will be the amount necessary to pay the full cost the employee's enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of $757.29 per month, effective January 1, 2005. SECTION 4: The City Clerk is directed to certify the passage and adoption of this Resolution; enter same in the book of original Resolutions; and make a Minute of its adoption in the City's records and in the Minutes of the meeting when it was adopted. SECTION 5: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED, APPROVED AND ADOPTED this 16th day of November 2004. Kelly McDowell, Mayor 1. 0, -)8 ATTEST. I, Cindy Mortesen, 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, end attested to by the City Clerk, all at a regular meeting of said Council held on the 16' day of November 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVEDj��M: Mark D. 1-1 I� , rr Karl H. Berge Assistant C)t'y Attorney 2. 029 RESOLUTION NO. A RESOLUTION FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE EL SEGUNDO POLICE MANAGERS' ASSOCIATION BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds as follows: A. Government Code § 22825.6 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act must fix the amount of the employer's contribution at an amount not less than the amount required under Government Code § 22825; B. Government Code § 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants must be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and C. The City of El Segundo, ( "Employer ") is a local agency contracting under the Act for participation by members of the El Segundo Police Managers' Association. SECTION 2: The Employer's contribution for each employee will be the amount necessary to pay the full cost of the employee's enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of $757.29 per month, effective January 1, 2005. SECTION 3: The Employer's contribution for each annuitant will be the amount necessary to pay the full cost the employee's enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of $757.29 per month, effective January 1, 2005. SECTION 4: The City Clerk is directed to certify the passage and adoption of this Resolution; enter same in the book of original Resolutions; and make a Minute of its adoption in the City's records and in the Minutes of the meeting when it was adopted. SECTION 5: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED, APPROVED AND ADOPTED this 16th day of November 2004. Kelly McDowell, Mayor 1. 03 11 ATTEST. I, Cindy Mortesen, 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 16th day of November 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT. ABSTAIN: Cindy Mortesen, City Clerk M 0 - - � r Karl H Assist 2. 03 RESOLUTION NO. A RESOLUTION FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FOR THE EL SEGUNDO EXECUTIVE MANAGEMENT, MID - MANAGEMENT AND CONFIDENTIAL EMPLOYEES, CITY MANAGER AND ELECTED OFFICIALS BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds as follows: A. Government Code § 22825.6 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act must fix the amount of the employer's contribution at an amount not less than the amount required under Government Code § 22825; B. Government Code § 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants must be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and C. The City of El Segundo ( "Employer ") is a local agency contracting under the Act for participation by members of Executive Management, Mid - Management and Confidential Employees, City Manager and Elected Officials. SECTION 2: The Employer's contribution for each employee will be the amount necessary to pay the full cost of the employee's enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of $1000.00 per month effective January 1, 2005. SECTION 3: The Employer's contribution for each annuitant shall be the amount necessary to pay the full cost of the employee's enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of $1000.00 per month effective January 1, 2005. SECTION 4: The City Clerk is directed to certify the passage and adoption of this Resolution; enter same in the book of original Resolutions; and make a Minute of its adoption in the City's records and in the Minutes of the meeting when it was adopted. SECTION 5: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED, APPROVED AND ADOPTED this 16th day of November 2004. Kelly McDowell, Mayor 1. 03 ATTEST: I, Cindy Mortesen, 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 16th day of November 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT. ABSTAIN: Cindy Mortesen, City Clerk 2. Karl H. Ber, er, Assistant 0tv 6 RESOLUTION NO. A RESOLUTION ALLOWING MEMBERS OF THE EL SEGUNDO POLICE SUPPORT SERVICES EMPLOYEES ASSOCIATION TO PARTICIPATE IN THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT AND FIXING THE EMPLOYER'S CONTRIBUTION. BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds as follows: A. Government Code § 22850.3 provides that a contracting agency may elect upon proper application to participate under the Public Employees' Medical and Hospital Care Act with respect to a recognized employee organization only; B. The City of El Segundo ( "Public Agency ") is a local agency contracting with the Public Employees' Retirement System; and C. The Public Agency desires to obtain for the members of the Police Support Services Employees Association, who are employees and annuitants of the agency, recognized as a newly formed bargaining group by City Council action on April 15, 2003, the benefit of the Act and to accept the liabilities and obligations of an employer under the Act and Regulations. SECTION 2: The Public Agency elects to be subject to the provisions of the Act. SECTION 3: The employer's contribution for each employee or annuitant is the amount necessary to pay the full cost of his /her enrollment, including the enrollment of family members, in a health benefits plan or plans up to a maximum of $807 dollars per month plus administrative fees and Contingency Reserve Fund assessments. SECTION 4: The executive body appoints and directs the Director of Administrative Services to file with the Board of Administration of the Public Employees' Retirement System a verified copy of this Resolution, and to perform on behalf of said Public Agency all functions required of it under the Act and Regulations of the Board of Administration. SECTION 5: Coverage under the Act is effective on January 1, 2005. 034 SECTION 6: The City Clerk is directed to certify the passage and adoption of this Resolution; enter same in the book of original Resolutions; and make a Minute of its adoption in the City's records and in the Minutes of the meeting when it was adopted. SECTION 7: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED, APPROVED AND ADOPTED this 16th day of November, 2004. ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF EL SEGUNDO Kelly McDowell, Mayor of the City of El Segundo SS I, Cindy Mortesen, 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 20tn day of January, 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVE,DA; Mark By: , Karl H. Berger, FORM: nt'City Attorney 030 EL SEGUNDO CITY COUNCIL MEETING DATE: November 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding approval of a three -year Memorandum of Understanding (labor agreement) between the City of El Segundo and the El Segundo City Employees Association. (Fiscal impact FY 2004 — 2005 is $155,100). RECOMMENDED COUNCIL ACTION: 1) Adopt Resolution approving the Memorandum of Understanding; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: In May 2004, staff and representatives of the El Segundo City Employees Association began meeting and conferring, pursuant to Sections 3500 et. seq. of the California Government Code, for the purpose of obtaining a labor agreement. Agreement was reached on October 20, 2004. - continued on next page - ATTACHED SUPPORTING DOCUMENTS: 1) Resolution approving Memorandum of Understanding 2) Comprehensive Memorandum of Understanding prepared by Bruce Barsook, Esq., of Liebert Cassidy Whitmore and City staff. FISCAL IMPACT: (FY 2004 — 2005 is $155,100) Operating Budget: Amount Requested: Account Number: Project Phase: Year 1 of 3 Year MOU Appropriation Required: _ Yes X No ORIGINATED BY: WAAW WA Bret M. Plumlee, Director Administrative Services DATE: 11/3/04 REVIEWED BY: DATE: ' / /y- Mary S enn, City Manager agenda 525 ,Jl 3 BACKGROUND & DISCUSSION: The economic parameters of the new Memorandum of Understanding include: • Year 1 - 3% salary increase • Year 2 - 4.32% salary and benefit increase • Year 3 - 2% minimum to 4% maximum COLA, based on CPI The Year 1 salary increase will be effective with the beginning of the October 16, 2004 payroll period. The City and the Association reached agreement on the following major issues: • An 80% (City), 20% (Association) sharing of medical cost increases, beginning in January, 2006. • The willingness to reopen the agreement to consider alternative medical plans. • A minimum of 5 years of service with the City of El Segundo in order to be eligible for paid retiree medical coverage. • A revised Library work schedule, including staff coverage for Sunday hours. • A formalized Occupational and Illness Policy. • Revision of criteria in order to be eligible for overtime pay. • Clarification of the parties' rights to negotiate matters within the scope of bargaining. • Employee's ability to opt out of City's medical plan upon providing proof of coverage in another plan. The fiscal impact of the three -year Memorandum of Understanding is $481,800 - $585,200 over the 3 years. The comprehensive Memorandum of Understanding has been signed by all parties and is attached to this staff report. 0 3 �� RESOLUTION NO. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA AND THE EL SEGUNDO CITY EMPLOYEES ASSOCIATION BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds as follows: A. City has met and conferred in good faith with representatives of the El Segundo City Employees Association; and B. Discussions which have taken place in the meet and confer process have resulted in a mutually agreeable Memorandum of Understanding between the City of El Segundo and this Association; SECTION 2: Staff is authorized to implement all terms and conditions of the Memorandum of Understanding between the City of El Segundo and the El Segundo City Employees Association, dated October 28, 2004. A copy of the Memorandum of Understanding is attached as Exhibit "A," and incorporated by reference. SECTION 3: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. SECTION 4: The City Clerk will certify to the passage and adoption of this Resolution, will enter the same in the book of original Resolutions of said City, and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 16th day of November, 2004. Kelly McDowell, Mayor APPROVED AS F RM: Mark D. Hens. Attorney By: Karl 013erger, sr`' Assistant City,.Atrney 038 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. was duly passed and adopted by the 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 the said Council held on the 16th day of November, 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTENTION: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 16th day of November, 2004. ATTEST: Cindy Mortesen, City Clerk 013 � MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF EL SEGUNDO AND EL SEGUNDO CITY EMPLOYEES ASSOCIATION ARTICLE / SECTION NUMBER ............................................ ............................... PAGE Article 1 - General Provisions Salary Increase .............................................................. ............................... 11 1.01 Preamble ......................................................................... ............................... 12 3 1.02 Conclusions and Term of Agreement ............................... ............................... 3 1.03 Implementation of Agreement .......................................... ............................... 3 1.04 Recognition ..................................................................... ............................... 14 4 1.05 Management Rights ........................................................ ............. .I................. 4 1.06 Union Membership •..•••..••••.••. 4 1.07 Organizational Security 17 4 1.08 Savings ........................................................................... ............................... 2.12 5 1.09 No Strike ......................................................................... ............................... Step Advancement ........................................................ ............................... 5 1.10 Non- Discrimination .......................................................... ............................... 5 1.11 Steward's Time ............................................................... ............................... 2.15 6 1.12 Union Administrative Time .............................................. ............................... Holidays ......................................................................... ............................... 6 1.13 Grievance Procedure ...................................................... ............................... 6 1.14 Layoff Procedure ............................................................ ............................... 8 1.15 Personnel Policies .......................................................... ............................... 11 1.16 Union Hearing Cost Contribution .................................... ............................... 11 Article 2 - Salaries and Benefits 2.01 Salary Increase .............................................................. ............................... 11 2.02 Overtime /Compensatory Time ........................................ ............................... 12 2.03 Family Emergency Care Sick Leave Utilization ................. .............................12 2.04 Uniform Allowance and Replacement ............................. ............................... 13 2.05 Wellness Program .......................................................... ............................... 14 2.06 Employee Group Insurance Program ............................. ............................... 14 2.07 Retirement ..................................................................... ............................... 15 2.08 Differential Pa 16 2.09 Computer Purchase Program .............................................. :........................ 2.10 Sick Leave ..................................................................... ............................... 17 2.11 Flexible Spending Account ............................................. ............................... 18 2.12 Bereavement Leave /Emergency Leave ......................... ............................... 18 2.13 Step Advancement ........................................................ ............................... 18 2.14 Minimum Service with City of El Segundo to Receive Pay for a Designated Percentage of Accumulated Sick Leave ...................... 22 2.15 Worker's Compensation Provisions ............................... ............................... 22 2.16 Holidays ......................................................................... ............................... 22 2.17 Life Insurance ................................................................ ............................... 23 2.18 Vacation ........................................................................ ............................... 23 1 040 2.19 Vacation Time Accumulation and Sale ........................... ............................... 24 2.20 Vacation Time Accrual - For Temporary Industrial Disability ......................... 24 2.21 Long term Disability Plan ............................................... ............................... 24 24 2.22 Direct Deposit ................................................................ ............................... 24 2.23 Promotional Examinations .............................................. ............................... 25 2.24 Standby Duty .......... 26 2.25 Educational Incentive Pa 29 2.26 Longevity Pay ................................................................. ............................... 29 30 2.27 Paid Family Leave Benefits ................................................ .............................26 2.28 Committee to Examine LTD, Life Insurance and ADD ....... .............................26 30 Article 3 - Other Provisions 3.01 Drug Free Workplace Statement and Substance Abuse Policy .................... 26 3.02 Smoking Policy 27 3.03 Break Policy .................................................................. ............................... 27 3.04 Alternative Work Schedules .......................................... ............................... 3.05 Education Reimbursement ............................................ ............................... 28 3.06 Catastrophic Leave Bank .............................................. ............................... 28 3.07 Temporary Service in Higher Classification ................... ............................... 29 3.08 Promotions .................................................................... ............................... 29 30 3.09 Termination Pa 3.10 Jury Duty ....................................................................... ............................... 30 3.11 Physical Examinations ................................................... ............................... 30 3.12 Joint Labor Management Team ..................................... ............................... 3.13 Disciplinary Action - Authority to Take ........................... ............................... 30 3.14 Street Maintenance Worker Duties ............................... ............................... 31 3.15 Library Work Schedule ....................................................... .............................31 Appendix A - Bargaining Unit Classifications Appendix B - Smoking Policy Appendix C - Drug Free Workplace Statement and Substance Abuse Policy Appendix D - Department of Transportation Drug Testing Guidelines Appendix E - Catastrophic Leave Bank Policy Appendix F — Occupational Injury and Illness Policy 2 041 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF EL SEGUNDO AND EL SEGUNDO CITY EMPLOYEES ASSOCIATION ARTICLE 1 - GENERAL PROVISIONS Article 1.01 Preamble This Memorandum of Understanding (hereinafter "MOU" or "Agreement ") is made and entered into between the EL SEGUNDO CITY EMPLOYEES ASSOCIATION, hereinafter referred to as "Union ", and the management representatives of the El Segundo City Council, hereinafter referred to as the "City ", pursuant to the California Government Code Section 3500 et. seq. Article 1.02 Conclusions and Term of Agreement The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and the benefits contained herein are given in consideration for the various provisions contained herein which may be a change in the prior employment practices of the City. Further, it is mutually agreed that this MOU shall be effective through and including September 30, 2007 This MOU contains all of the covenants, stipulations and provisions agreed upon by 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 meet and confer issue which 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. Notwithstanding any provisions of this MOU, the City can meet and consult with the Union on the City's Personnel Rules and Regulations which are within the scope of representation Article 1.03 Implementation of Agreement 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. 04" Article 1.04 Recognition The City hereby confirms its recognition of the Union as the exclusive representative of employees in the general employees representation unit, and agrees to meet and confer with the Union on all matters relating to the scope of representation pertaining to the said employees as authorized by the law. The appropriate unit represented by the Union is generally described as all full time permanent and part -time permanent non - safety employees in the City's classified service, except Police Assistant 1 /11, Police Services Officer, Senior Dispatchers, Dispatcher 1 /11 and those classes defined as management/confidential or supervisory/professional. This 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 #3208. [This list of classes within the bargaining unit is attached to this MOU as Appendix A.] Article 1.05 Management Rights 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 direct the work of its employees; hire, promote, demote, transfer, assign and retain employees in positions within the City, subject to the rules and regulations of the City, discipline employees for proper cause; maintain the efficiency of governmental operations; relieve employees from duties because of lack of work; take action as may be necessary to carry out the City's mission and services in emergencies; and to determine the methods, means and personnel by which the operations are to be carried out, including the right to contract or subcontract any services performed by the City and require overtime work by City employees. Article 1.06 Union Membership The City agrees to: 1. Provide official dues deductions for all employees who subscribe to Union membership; 2. Provide official payroll deductions for approved Union insurance and welfare plans, not to exceed five programs; 3. Provide the Union with a list of newly hired employees in the representation unit monthly. Article 1.07 Organizational Security Upon approval of this Agreement by the El Segundo City Council, all unit employees who voluntarily became members of the Association and those unit employees who voluntarily become members of the Association during the term of this agreement shall remain members until the expiration of the agreement. Notwithstanding the above, 4 043 employees may terminate their Association membership within forty -five (45) calendar days prior to the agreement expiration date. Effective June 12, 2001, a Letter of Agreement between the El Segundo City Employees Association and the City of El Segundo regarding implementation of Agency Shop provisions was signed by representatives of the City and the Association. That Letter of Agreement is hereby incorporated by reference into this Agreement. The Association shall indemnify, defend and hold the City harmless against any liability arising from any claims, demands, or other action relating to the City's compliance with the agency fee obligation, including claims relating to the Association's use of monies collected under these provisions. The City reserves the right to select and direct legal counsel in the case of any challenge to the City's compliance with the agency fee obligation, and the Association agrees to pay any attorney, arbitrator or court fees related thereto. Article 1.08 Savings 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. Article 1.09 No- Strike The Union agrees that 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. Article 1.10 Non - Discrimination The Union and the City recognize and agree to protect the rights of all employees to join and /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. The City and the Union agree that they shall not illegally discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations and shall act affirmatively to accomplish equal employment opportunities for all employees. The City and the Union shall reopen any provision of this Agreement for the purpose of complying with any final order of the Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with State or Federal anti - discrimination laws. 5 044 Article 1.11 Steward's Time Upon timely request and for suitable reasons, the City Manager may authorize release of the Union President or his /her authorized representative from normal duties to assist in personnel matters involving Union members. Article 1.12 Union Administrative Time Union officers and board members will be allowed up to a total of 72 hours as a group per year of administrative leave to attend Union and labor relations seminars. All or part of these hours may be used for other conferences or seminars with the approval of the City Manager. Article 1.13 Grievance Procedure The Union may grieve on behalf of an individual, group of employees or the Union as a whole. 1. 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). B. Grievant - A grievant is an employee or group of employees adversely affected by an act of omission of the agency. b. Steps within the Grievance Procedures will be completed within (10) ten working days. C. Day - A day is a working day. D. Immediate Supervisor - The first level supervisor of the grievant. 2. TIME LIMITS A. Compliance and Flexibility - 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 6 045 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. 3. PROCEDURE 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 In filing a grievance, the employee should set forth the following information: a. The specific section of the Memorandum of Understanding, departmental or agency rules or regulations allegedly violated, misinterpreted or misapplied. b. The specific act or omission which gave rise to the alleged violation, misinterpretation or misapplication. C. The date or dates on which the violation, misinterpretation or misapplication occurred. d. What documents, witnesses or other evidence supports the grievant's position. e. 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. 7 04 D. Level IV - If the grievance is not resolved by the department head, the grievant may present the grievance in writing to the City Manager within ten (10) days. The City Manager or designee will conduct an informal hearing and render a decision. Each party shall have the right to present witnesses and evidence at the hearing. The conclusions and findings of this hearing shall be final. 4. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE A. The grievance procedure is not intended to be used for the purpose of resolving complaints, requests or changes in wages, hours or working conditions. B. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. An employee may however, challenge the content of an evaluation by filing an appeal to his /her 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 his /her supervisor (department head). In either event, the department head's determination shall be final, and thus no further appeals will be permitted. C. The procedure is not intended to be used to challenge the merits of a reclassification, lay -off, transfer, denial of reinstatement, or denial of a step or merit increase. D. The procedure is not intended to be used in cases of 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. 5. CONFERENCES Grievant(s) and City representatives, upon request, shall have the right to a conference at any level of the grievance procedure. 6. WRITTEN MATERIAL 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. Article 1.14 Layoff Procedure Grounds for Layoff - Whenever, in the judgment of the City Council, it 8 0 47 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 his 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. 2. 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 days 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. 3. At -Will Employees - The City Manager retains the right to layoff or alter the work assignment of the following employees at any time without notice or right of appeal: emergency employees, temporary or seasonal employees, part-time employees, original probationary employees, promotional probationary employees and employees designated as at -will. The promotional probationary employee shall revert to his /her previously held classification and position without loss of seniority. 4. Procedures for Layoff - 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. Seniority shall be determined by hire date. 5. Breaking Ties - In cases where two or more employees have the same date of hire (i.e. equal seniority), 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: "Unsatisfactory" Rating - 0 points "Improvement needed" Rating - 6 points "Satisfactory" Rating - 12 points "Exceeds expectations" Rating - 18 points "Outstanding" Rating - 24 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. 4 9 �� 6. Reduction to a Vacant Position - An employee designated for layoff as a result of abolition of a position or classification may be offered appointment to a vacant position in a lower classification, if the employee is qualified by education and /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 highest 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. An employee accepting such appointment shall be placed on the step for the lower classification most closely corresponding, but in no case higher, than the salary step of his /her previously held position, and the employee will be assigned a new salary anniversary date on the effective date of the appointment. 7. Displacement Rights - An employee designated for layoff as a result of abolition of a position or classification may displace ( "bump ") an employee in a lower classification in which the employee has prior service, provided the laid off has greater seniority than the employee in the lower classification. In addition, an employee designated for layoff with greater seniority may displace ( "bump ") an employee in a lower classification within the same occupational family. Determination of an occupational family will be made by the Director of Human Resources /Risk Management and such determinations shall be made according to the following factors: A. Similarity of occupational field. B. Similarity of "Class Characteristics" and "Examples of Duties" as described in the class specifications. C. Similarity of "Education and /or Experience," "Knowledge, Skills and Abilities," and "Special Requirement" as described in the class specifications. D. Any additional factors deemed relevant by the Director of Human Resources /Risk Management. An employee who is bumped shall be laid off in the same manner as employee whose position or classification is abolished. 8. Salary Placement - An employee who is assigned to a lower classification as a result of a displacement (bump) shall be placed on the step of the salary range of the new classification which is closest to the compensation of the employee in the previous classification, but in no case higher, and the employee will be assigned a new salary anniversary date on the effective date of the appointment. The employee shall, however, retain seniority while his /her name remains on reemployment list or lists. 10 ,,, 4 9 9. Re- Employment 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 highest to lowest, on a reemployment list for their classification or any lower classification for which the employee is qualified by education and /or experience. Persons on such lists shall retain eligibility for appointment therefrom for a period of three years from the date their names were placed on the list. As a vacancy within a classification or lower related 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 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. 10. Rights on Re- Employment - If a person is reemployed by the City within three years, the employee's seniority, sick leave and vacation accrual rates shall be reinstated. Any accumulated sick leave and /or vacation earnings shalt also be reinstated to the extent that the employee did not receive compensation for such earnings at the time of lay off. Upon reemployment, employees will be placed on the same salary step held at the time of lay off. Article 1.15 Personnel Policies 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. Such overtime work shall to the extent possible be assigned on the basis of volunteers. In the assignment of overtime under this provision, however, management may consider special skills required to perform particular work. 2. Good Friday - Employees shall be entitled to use vacation time for leaves with pay on Good Friday provided such absences are scheduled and approved by the City. Article 1.16 Union Hearing Cost Contribution Commencing on October 15, 2000, the Union will pay for one -half the costs incurred by the City as a result of any Los Angeles County Civil Service Commission hearings involving unit members covered by this MOU, up to a maximum of one thousand five hundred dollars ($1,500.00) per fiscal year. ARTICLE 2 - SALARIES AND BENEFITS Article 2.01 Salary Increase Effective on the first day of the pay period in which ratification occurs the base salary set forth within each step of the salary ranges set forth in the Ci56 11 City's Salary Table (Attachment A hereto) shall be increased by three percent (3 %). 2. Effective on October 1, 2005, the base salary set forth within each step of the salary ranges shall be increased by two and ninety -three hundreds percent (2.93 %). Article 2.02 Overtime /Compensatory Time Effective on September 30, 2006 , the base salary set forth within each step of the salary ranges shall be increased by 100% of the increase to the CPI — U (Los Angeles- Anaheim- Riverside) August to August data, provided however, that the salary increase for employees shall be no less than 2% nor more than 4 %. 1. Overtime Calculation - An employee who is required to work more than forty (40) hours during any given work week shall be compensated at the rate of one and one -half times his /her regular rate of pay. The City, for purposes of calculating overtime pay, will include holiday and pre - approved vacation leave as time worked. Compensatory time and sick leave will not be considered as time worked for purposes of determining eligibility for overtime pay. 2. Compensatory Time - Employees may substitute compensatory time for overtime pay if approved by their Department Head as follows: A. The employee can maintain up to eighty (80) hours of accrued compensatory overtime at any one time, and carry over unused time from year to year. B. The employee may use compensatory time in conjunction with normal vacation time with prior approval of their Department Head. C. The employee can use up to forty (40) hours of compensatory time at any one time. 3. Recall Minimum Hours - Employees who are required to return to work at a time other than their scheduled work day shall be compensated for a minimum of four (4) hours work. Article 2.03 Family Emergency Care Sick Leave Utilization The City shall comply with the Federal and State regulations of the Family and Medical Leave Act. Affected employees shall be entitled to utilize six (6) days of accumulated sick leave per calendar year for providing immediate family medical necessity - related care. "Immediate family" shall be defined as including children, parents, siblings, grandparents of the employee, the employee's spouse or significant other. Utilization of said sick leave shall be contingent upon the employee making application for sick leave use and providing his /her department head with documentation evidencing that the sick leave is to be distributed because of an immediate family member receiving medical attention by any type of health care provider. 051 12 Article 2.04 Uniform Allowance and Replacement The City shall pay uniform, clothing, and personnel equipment allowance as follows: A. Police Cadets, Crime Scene Investigators and Fire Prevention Specialist - $240 per year or equivalent per month of active duty. B. Newly appointed Police Cadets shall be provided with a uniform advance of $110 and $75, respectively, at the time of appointment. If a cadet resigns during the first year of employment, the employee on termination shall reimburse the City on a pro rata basis one - twelfth of the advance payment for each full month remaining until the first anniversary of the employee's employment. The amount shall be deducted from any pay otherwise due the employee upon termination of City employment and certification by the Police Chief to the Director of Finance of the amount to be deducted pursuant to this section. C. The City reserves the right to provide uniforms in lieu of the allowances provided for herein. Affected employees occupying the classifications of Police Cadet, Crime Prevention Specialist, Crime Scene Investigator and all Fire Prevention Specialist classifications shall have unserviceable uniforms replaced by the City by means of the replacement policies and procedures applicable to sworn uniformed City police personnel. Said replacement policy shall be in addition to any uniform maintenance allowance paid to affected employees. The City shall provide rain gear for building inspectors and shall additionally provide safety shoes in an amount not to exceed $100.00 (pre -tax) per 12 -month period for those individuals required by the City to wear safety shoes. The City shall contract with a vendor for provision of said safety shoes and the affected employees shall be required to obtain the shoes from said vendor unless it can be demonstrated to the satisfaction of the employee's department head that the vendor does not have footwear which is usable by the employee. Upon receipt of written authorization from the department head to do so, the employee may in such case purchase safety shoes at a location of his /her choice, subject to the maximum $100.00 pre -tax City contribution. Requests for an additional shoe allowance when such individuals have worn or damaged safety shoes shall not be unreasonably denied. If denied, the reason for such denial shall be provided in writing to the employee. Employees occupying the following classifications shall have uniforms and shoes provided: All Maintenance Worker 1 /11 and Leadworker Classifications Custodians and Custodian Leadworker Meter Reader /Repairer Building Inspectors Building Systems Mechanic Equipment Mechanic Tree Maintenance Worker Maintenance Craftsworker [7/19/04] 13 Article 2.05 Wellness Program The parties shall create during the term of this Agreement a joint labor- management "wellness committee ", the purpose of which shall be to inform and educate unit members as to manners in which individual lifestyles can be adjusted to promote health and fitness. Any and all recommendations of the committee shall be advisory only and the composition of the committee shall be as agreed upon by the parties in accord with future organizational meetings to be coordinated by representatives of management and labor. Article 2.06 Employee Group Insurance Programs Medical A. Effective January 1991, the City will contract with the California PERS for the Public Employees' Medical and Hospital Care Program for medical insurance. B. Effective January 1, 2005, the City's contribution for medical and mental health insurance will be equal to the premium cost of full family coverage for the average of the HMO's available to all PERS covered employees in Los Angeles County or $807 /month, whichever is higher. (This amount will be known as the "2005 formula".) Effective January 1, 2006, the City shall pay for 80% of the increased premium which exceeds the formula set forth above. Employees shall be responsible for the remaining 20 %. (For example, if the premium increase for the average cost of the HMO plans increases by 10% over the anticipated 2005 average premium of $757.29 /month (ie., an increase of $75.73 /month to $833.02 /month), the City would pay up to $827.82 /month ($807 plus 80% of the increase above $807) and the employee would pay the remaining $5.20 /month). Effective January 1, 2007; the City's maximum contribution shall be the 2005 formula, the 80% contribution for 2006, plus 80% of the increased premium which exceeds the 2005 contribution. (For example, if the premium increase for the average cost of the HMO plans increases by another 10% over the hypothetical 2005 rate of $833.02 /month (ie, an increase of $83.30 /month to $916.32 /month), the City would pay up to $894.46 /month ($807 + $20.82 + $66.84 ) and the employee would pay the remaining $21.86 /month. Effective January 1, 2005, employees may opt out of insurance and receive $250 /month in cash. The opt out benefit is only available so long as the city's insurance rate is not adversely affected by the "opt out ". The employee must provide verification of alternative coverage in order to opt out and is responsible for the tax consequences of the cash payment. The case benefit is not subject to PERS retirement credit. 14 C. Effective upon City participation in the Public Employees' Medical and Hospital Care Program the City will initiate a future retiree health insurance contribution program for retirees who participate in the Public Employees' Medical and Hospital; Care Program. The program will provide for the following maximum contributions: Year of Retirement Amount of Monthly Contribution 1991 * $16.00 1992 * 25% of City Contribution made for employee with coverage which is the same as that of the retiree. 1993 * 50% " 1994 * 75% " 1995 * 100% " *Should the contribution listed be less than $75.00 the retiree shall receive $75.00. Employees must have a minimum of five (5) years of service with the City in order to be eligible for paid retiree medical insurance. D. Alternative Medical Plans - During the term of this agreement, the City may reopen the contract in order to consider alternatives to the PERS medical plans. The City agrees that it will only propose plans that provide for a cost - effective, comprehensive medical package for employees and their families (ie., provides comparable benefits to current plans, including portability (ie., benefits for retirees)). There will be no change in insurance plans prior to January 2006 without agreement of the parties. 2. Dental During the term of this agreement, the City will pay the premium for City contracted dental insurance for employees and eligible dependents. The City's aggregate contribution for current dental, optical and life insurance shall be capped at $135.00 per employee per month 3. Optical During the term of this agreement, the City will pay the premium for City contracted optical insurance for employees and eligible dependents. The City's aggregate contribution for current dental, optical and life insurance shall be capped at $135.00 per employee per month. Article 2.07 Retirement The City shall provide as deferred compensation a set dollar amount to be paid toward the employee's contribution to the Public Employees' 054" 15 Retirement System. The dollar amount to be paid as deferred compensation for the term of this agreement shall be an amount equal to seven percent (7 %) of the sum of the total earnings less than $133.33 per month. Total earnings less deferred pay equals base pay. The City agrees to pay on behalf.of the employees covered under this agreement the member contribution on shift differential, uniform allowance and uniform replacement when such benefits are includable as additional compensation for PERS purposes. 2. Effective January 1, 1992 the City's contract with the California Public Employees' Retirement System was amended to add Section 20024.2, One -Year Final Compensation. 3. The City has amended its contract with the Public Employees' Retirement System (PERS) to provide eligible employees with the benefits of the 2% at age 55 (Modified) retirement plan in accordance with Government Code Section 21354. 4. During the term of this MOU the parties will establish a committee to explore the feasibility of adopting the 2.7% at 55 retirement benefit. The committee will report any findings /recommendations to the parties so that they may use the information in time for negotiations on a successor MOU. Article 2.08 Differential Pay Shift Differential — Employees shall be entitled to shift differential pay of ninety cents ($.90) per hour for the total number of hours worked during their scheduled shift when a minimum of four (4) hours of an employee's scheduled shift occurs 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. Article 2.09 Computer Purchase Program Contingent upon the City determining that sufficient funds exist for said purpose, provision to each affected employee of a maximum $4000.00 cumulative interest free loan for an initial purchase of personal computer hardware, software and ergonomic - related furniture and equipment. An employee with an outstanding balance on a prior computer loan as of July 1, 1998 will have that amount currently due from the previous loan subtracted from the amount the employee can borrow interest free under this program. 2. Subsequent loans or amounts in excess of the above maximum interest free loan, would be at an interest rate of 3 %. All loans would include a 35- month repayment term. 3. Anti -virus software shall be required as a prerequisite in granting 16 requested loans. 4. The City's determination in this regard is not subject to administrative or judicial appeal. Loans shall be repaid through payroll deductions over a three year period. Outstanding loan balances must be paid off at the time an employee separates from City service and the City shall be authorized to recover any loan balance by making deductions from the employee's final check. 5. The City would retain title, as security, to any equipment purchased with funds from the above described loans, until such time as the loan is fully paid off. The City is to be notified of any exchange or updating of equipment. Article 2.10 Sick Leave Sick Leave Accumulation - Employees shall receive one (1) eight (8) hour day accumulation for each month's service not to exceed a maximum of 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. 2. Sick Leave Payment Upon Separation - Affected employees having a minimum of 5 years of service will be paid for 50% of their unused sick leave upon death or termination. Employees shall receive 80% of their unused sick leave upon a service or disability retirement. 3. Sick Leave - Payment of One -Half of Accrual - On the first day of December of each year, employees who maintain a balance of 600 hours of sick leave accrual shall be paid for seventy percent (70 %) of sick leave accumulated and not used during the preceding twelve -month period. Payment shall be made on or before December 10th. 4. Sick Leave Accrued - Payment on Termination Prior to December 1 st - Employees who terminate prior to the first day of December while maintaining a balance of more than 600 hours of sick leave shall also be paid seventy percent (70 %) of their unused accrued sick leave accumulated since the preceding December 1st. 5. Sick Leave Certification - Any employee taking sick leave shall, upon his or her return to work, sign a statement certifying the reasons for such sick leave. Employees absent five or more consecutive working days, or four consecutive working days for employees assigned to a four -day ten -hour working schedule must submit a statement from a doctor that the employee was under his care and is able to return to work. The City Manager may, before allowing such leave or before permitting an employee to return to work, require submission of a doctor's certificate for any absence. Any employee who makes a false claim to sick leave or who refuses to cooperate in an investigation by the City of his or her claim 17 J CJ shall be subject to disciplinary action. In addition to the above, effective January 1, 2001, 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. 6. Sick Leave Requests - Requests for sick leave benefits will not unreasonably be denied. Employees agree not to abuse the use of sick leave. Article 2.11 Flexible Spending Account The City will implement a Flexible Spending Account pursuant to the terms and conditions of this plan no later than January 31, 1989. Article 2.12 Bereavement Leave /Emergency Leave Bereavement Leave - Employees shall be entitled to three (3) days of bereavement leave with pay per incident which shall be increased to one work week per incident in those circumstances where travel to a funeral or other memorial proceeding is 500 or more miles one way as measured from the El Segundo City Hall. Additionally, the definition of the "immediate family" whose funeral or memorial proceeding qualifies for the use of bereavement leave, shall include the children, parents, siblings, grandparents of the employee, the employee's spouse or significant other. 2. Personal Emergencies - 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. Article 2.13 Step Advancement Step Advancement Basic Salary Schedule - The advancement of a new employee from Step A shall be on the new employee's anniversary date which is established as the day immediately following satisfactory completion of his or her first six months' service; Steps B, C, and D contemplate one year's service in each of such classification subject to the limitation of Section F below and the advancements therefrom shall be on the anniversary date of the employee; Step E contemplates continued 18 G5 1 service in such classification until further advancement is indicated by reason of longevity. Employees employed on and after July 16, 1974 shall not be eligible to receive longevity benefits. Notwithstanding the above, a supervisor may recommend to the department head that an employee receive an accelerated advancement of part or all of the next salary step B, C, D, or E (excluding Longevity Pay Steps), based on exemplary job performance. If the department head concurs, he /she shall submit a written report on the prescribed form to the Human Resources Director citing specific examples of work performed by the employee that consistently exceeds expectations and warrants approval of part or all of the next salary step prior to the employee's anniversary date. The Human Resources Director shall submit the request along with a recommendation for action by the City Manager. 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. The accelerated salary advancement(s) shall not change the affected employee's anniversary date. In no case shall an employee receive compensation that exceeds the E -step of their respective salary range. 2. Class Series Classifications - Notwithstanding the provisions of Section A, the following classes: Accounts Specialist 1 /II Building Inspector I /II Equipment Mechanic 1 /11 Library Clerk 1 /II Office Specialist 1/11 Park Maintenance Worker 1 /11 Public Works Inspector 1 /11 Street Maintenance Worker 1/11 Wastewater Maintenance Worker 1 /11 Water Maintenance Worker 1 /II The classifications listed above shall be described as class series classifications and shall be paid at either of two different salary range levels assigned to each class. 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 Section 1, 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 Section 1. 19 058 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 a person is employed at Level I, such employee may be advanced to Level II upon a determination by the Department Head & approval of the Human Resources Director that the employee's work performance, skill development, & demonstrated ability to perform higher level duties causes his /her assignment to Level II to be appropriate. No employee shall be advanced to Level II without such an evaluation. In making the determination to advance to Level II according to the above - noted factors, such determination shall not be made simply by subjective evaluation but shall be 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; Acquisition of specialized skills required of the position; Achievement of specific job - related goals and objectives during a specified period of time; Increased ability to work without close supervision; Ability to exercise increased individual judgment; Ability to provide leadership & guidance to less experienced employees; Ability to understand and properly apply departmental rules; 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 II employees. Specific criteria for advancement within a class series shall be prepared jointly by each Department Head and the Human Resources Director. Such criteria shall be approved by the City Manager. No employee shall be advanced form Level I to Level II except upon recommendation of the Department Head and approval of the City Manager. Whenever an employee is moved from Level I to Level Il, 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 the rate of compensation received by said employee at the time of assignment to Level II, unless otherwise ordered by the City Council. While occupying a position assigned to a class series classification, an employee shall serve only one probation period. 20 050 3. Longevity Achievement - Steps X, Y and Z of the Basic Salary Schedule are longevity provisions and are to be used in applying the following policy: Upon attaining seven years of continuous service with the City, an employee shall be compensated at Step X; upon attaining fourteen years of continuous service with the City, an employee shall be compensated at Step Y; and upon attaining twenty -one years of continuous service with the City, an employee shall be compensated at Step Z; provided, however, that employees may be paid at a higher level than the foregoing schedule when necessary to comply with the requirements of Section 1A6.090. Employees employed on and after July 16, 1974 shall not be eligible to receive longevity benefits. 4. Longevity Achievement on Merit - Employees to whom this Chapter applies who are eligible to receive longevity pay shall advance to Steps X, Y, and Z based upon an overall rating of "standard" or higher as determined by the employee's performance evaluation. If the employee fails to qualify for Steps X, Y or Z 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. 5. Step Advancement - Anniversary Date - An employee advanced from any range to another range of the Basic Salary Schedule shall receive a new anniversary date which is the date of the change. If the employees anniversary date falls in the first week of the pay period, the effective date of the increase will be the first day of that pay period; if the effective date falls on the second week of the pay period, the effective date of the increase will be the first day of the following pay period. Other changes in salary, unless specifically directed by the Council or as provided in Section F shall not change the anniversary date, except for promotions made in accordance with the Personnel Merit System Ordinance or the Personnel Rules and Regulations. The City Council reserves the right, at any time, and in its sole discretion, to change the range number assigned to any officer or employee and to determine the particular step in any range number which is to be thereafter assigned to any such officer or employee, subject to meet and confer with the Union. Notwithstanding the above, an employee in a classification under Section B shall not be assigned a new anniversary date when he /she is advanced from Level I to Level II in that same classification. 6. Increases 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 Section A and satisfactory performance of duties. An employee will be presumed to merit an increase unless his or her Department Head, with the concurrence of the Human Resources Director, 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 ( V61 21 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. Article 2.14 Minimum Service with City of El Segundo to Receive Pay for a Designated Percentage of Accumulated Sick Leave Employees who retire must have been employed for a minimum of five (5) years with the City of El Segundo in a classification covered by this Agreement in order to receive pay for unused sick leave balance. Article 2.15 Workers' Compensation Provisions Permanent employees who are members of the Public Employees' Retirement System and who receive injuries that are compensable under the California Workers' Compensation Laws (other than those to whom the provisions of Section 4850 of the Labor Code apply) shall be entitled to receive: 1. Seventy -five percent of the employee's regular salary for any so- called waiting period provided for in the Workers' Compensation Laws. 2. Thereafter, for a period of up to one year, or until earlier retirement on disability pension or a finding of permanent and stationary disability by a medical doctor, the difference between seventy -five percent of the employee's regular monthly salary and the amount of any temporary disability payments under the California Workers' Compensation Laws. Such payment 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. Article 2.16 Holidays Holiday Schedule - The following Days shall be considered as holidays for City employees: January 1 st The third Monday in February (President's Day) The last Monday in May (Memorial Day) July 4th The first Monday in September (Labor Day) November 11 th (Veteran's Day) Thanksgiving Day The Friday after Thanksgiving 061 22 December 24th December 25th December 31 st In the event any of the above Holidays falls on the first day an employee is regularly scheduled to be off duty, the Holiday shall be observed on the previous working day. If the Holiday falls on the second day an employee is regularly scheduled to be off duty.. the Holiday shall be observed on the following work day. 2. Holidav Pay - If an employee is required to work upon a City Holiday, he or she shall be entitled to time and one -half for such work in addition to the straight time holiday pay of eight (8) hours. 3. Personal Leave /Floating Holiday - In addition to the holidays enumerated in Article 2.18, each employee who has completed six months of service shall be entitled to select one day per calendar year as a Personal Leave Day /Floating Holiday with the approval of the employee's supervisor after a minimum of seven days prior notice. Article 2.17 Life Insurance The City will provide a $20,000 Life Insurance policy for each employee. Article 2.18 Vacation Employees shall receive either: ORIGINAL ACCRUAL SCHEDULE 1. Twelve working days per year with full salary for the first seven years of continuous service with the City. 2. Seventeen working days per year with full salary after seven years and until the completion of fourteen years of continuous service. 3. Twenty -two working days per year with full salary after fourteen years of continuous service. OR ALTERNATIVE ACCRUAL SCHEDULE Twelve days per year from commencement of the first year of service t through and including completion of the fifth year of service. 2. Fifteen days per year upon commencement of the sixth year of service through and including completion of the tenth year of service. 06� 23 3. Eighteen days per year upon commencement of the eleventh year of service through and including completion of the fifteenth year of service. 4. Twenty -two days per year upon commencement of the sixteenth year of service and for all years of service thereafter. An employee desiring to participate in the "alternative" accrual schedule shall so advise Human Resources Department in writing of their election, no later than October 19, 1994. Failure to advise of an election to accrue vacation pursuant to the alternative schedule shall result in the employee continuing to accrue vacation on the "original" schedule. An election to accrue vacation on the alternative schedule or maintenance of accrual pursuant to the original schedule, shall be irrevocable. For this article, the term "day" shall be the equivalent of eight hours. Vacation time shall accrue on a monthly basis. Vacation leaves may be taken only after an employee has completed six month's continuous service (although still on probation). Article 2.19 Vacation Time Accumulation and Sale Vacation time shall be accumulated from date of last continuous permanent employment. All vacation shall be taken at such times as are agreeable to the head of the department and approved by the City Manager. Earned vacations shall not be accumulated for longer period than for two years' service. Each calendar year, an employee may sell back his /her accumulated vacation up to a maximum of the annual vacation accrual, to which they are entitled by length of service. Each employee may sell back vacation once per calendar year and only during the first two -weeks of December. Article 2.20 Vacation Time Accrual - For Temporary Industrial Disability Notwithstanding the provisions of Article 2.21, employees on temporary industrial disability may accrue vacation time for longer than two years. Article 2.21 Long Term Disability Plan The City will add all unit members to its currently existing Long Term Disability Plan. Article 2.22 Direct Deposit It is agreed between the City and Union that it is in the mutual interest of the City and its employees that all covered employees utilize the currently available direct deposit system. Employees who do not desire to utilize direct deposit shall make their wishes known in writing to the City's Director of Administrative Services, together with a statement of their reasons therefore. Exceptions to this direct deposit policy shall not be denied. 24 Article 2.23 Promotional Examinations For the purpose of interpreting Section 2.28.080(B) of the El Segundo Municipal Code, entitled "Examinations ", the City agrees that a sufficient number' shall be three (3) eligible, quantified applicants who have indicated an interest in a particular promotion in writing to the Director of Administrative Services. Article 2.24 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, employees are not required to remain at their City work station or any other specified location. Standby duty employees are free to engage in personal business and activities. However, standby duty requires that employees: A. Be ready to respond immediately. B. Be reachable by paging device or telephone. The City may, in its' discretion, provide a paging device, e.g., a beeper, to an assigned standby duty employee. C. Be able to report to work within one (1) hour of notification. D. 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. E. Respond to any call back during the assigned standby duty. 2. As with any City equipment, any paging device assigned to an employee is the responsibility of the standby employee during standby assignment. The employee is liable for loss or damage to the paging device, which is caused by the employee's negligence or intentional acts. 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. 5. Employees recalled to duty shall receive a minimum of four (4) hours of recall pay. 6. An employee who uses sick leave or vacation leave during a standby period, occurring on or after, October 15, 2000, shall not be provided any form of compensation for the standby period, unless the employee's 25 0614 department head approves, in writing, the provision of the normal standby period compensation. Article 2.25 Educational Incentive Pav Eligible employees shall be entitled to receive educational incentive pay. The educational incentive shall be equal to five percent (5 %) of the employee's base salary and shall be paid at the same times and in the same manner as base salary. Educational incentive pay is not reported as compensation to PERS. Eligibility for educational incentive pay is limited to those employees who (a) are working in a job classification that does not require a bachelor's degree or higher degree to qualify for the classification, (b) were awarded a bachelor's degree on or after October 15, 2000, and (c) were awarded such degree in one of the majors of public administration, business administration, engineering, or other job - related major, which had been approved by the department head, in writing, prior to admission of the specific employee into that major. Bachelor degrees awarded prior to October 15, 2000 cannot be used to fulfill the requirements above. [7/19/04] Article 2.26 Longevity Pay Effective October 1, 2005, employees shall be entitled to the following longevity pay based on years of service with the City of El Segundo: a. Completion of 5 years of service - 1 % above base pay b. Completion of 10 years of service - 2% above base pay C. Completion of 15 years of service - 3% above base pay Article 2.27 Paid Family Leave Benefits Employees eligible for Paid Family Leave benefits under the State Disability Insurance program shall be required to take up to two 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. Article 2.28 Committee to Examine LTD Life Insurance and ADD During the term of this MOU the parties will establish a committee to explore the feasibility of converting LTD, Life and ADD insurance from employer paid benefits to employee paid benefits. Among the issues to be examined is how money currently spent by the City to provide these benefits can go instead to employee salaries without costing the City any additional funds. ARTICLE 3 - OTHER PROVISIONS Article 3.01 Drug Free Workplace Statement and Substance Abuse Policy The parties have met and conferred in good faith regarding the adoption of a Drug -Free Workplace Statement and Substance Abuse Policy and the same shall be implemented concurrent with the adoption of this MOU. 26 065 Article 3.02 Smoking Policy The parties have met and conferred in good faith regarding the adoption of a non- smoking policy and the same shall be implemented concurrent with the adoption of this MOU. Article 3.03 Break Policy All affected employees performing in classifications traditionally described as "field classifications (generally including employees with the Divisions of Parks, Streets, Water and Wastewater) shall be provided one (1) thirty (30) minute rest -break to be taken near the mid -point of the first four hours of the employees regularly scheduled work shift. Included with this break is all time required to secure the work site, to travel to and from any rest -break location, and to reconvene work at the conclusion of the rest - break. All remaining employees shall be provided a fifteen (15) minute rest -break near the mid- point of every fours of scheduled work. In order to ensure that such affected employees are prepared to reconvene performance of their duties precisely at the conclusion of the rest - break, such employees are encouraged to take their break within the building where they are regularly assigned or on the grounds immediately adjacent to the work assignment. As regards lunch breaks, all affected employees are scheduled for either a thirty (30) or sixty (60) minute lunch break depending upon the work assignment. Such scheduling shall be in accord with pre- existing City practices and procedures. Failure by any employee to utilize a rest or lunch break shall not result in any accumulation or other "banking" of said unused time, nor shall such failure result in conclusion of the employees' regularly scheduled shift at a time earlier than scheduled nor shall any unused break time be utilized to extend a lunch break. However, in any instance where management mandates that a rest or lunch break not be taken because of the need to provide services to the City, then said additional work time shall be compensated in accord with this MOU, City Rules and Regulations and applicable statutory requirements. Additionally, in said circumstances, management does have the discretion to allow for early termination of an employee's regularly scheduled work hours in amounts of time equivalent to the missed breaks. The consumption of food or other refreshments 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. Article 3.04 Alternative Work Schedules Bargaining Unit employees shall be assigned to a work schedule as determined by the Department Head. If the employee requests change to the schedule, the Department Head and employee may mutually agree to the change. If the change proves not to be operationally sound, the Department Head may reverse the change. u6E3 27 Article 3.05 Education Reimbursement 1. Reimbursement Procedures - Permanent employees may participate in the City's Educational Reimbursement Program. 2. Repayment Upon Termination - Employees who participate in the Educational Reimbursement Program will be required to sign the following agreement: "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: When Depart Percentage 1 month after course completion 100% 2 months 100% 3 months 90% 4 months 80% 5 months 70% 6 months 60% 7 months 50% 8 months 40% 9 months 30% 10 months 20% 11 months 10% 12 months 0% 3. Eligible employees may receive no more than one thousand seven hundred fifty dollars ($1,750.00) per calendar year under this program. Article 3.06 Catastrophic Leave Bank The City shall institute a catastrophic leave bank as follows: Purpose - To establish a program whereby City employees may donate accumulated time to a catastrophic sick leave bank to be used by permanent, part-time and full -time employees who are incapacitated due to a catastrophic illness or injury. 2. Definition - A catastrophic illness or injury is a chronic or long term health condition that is incurable or so serious that, if not treated, it would likely result in a long period of incapacity. 28 067 3. Procedures A. There is established a joint - employer /employee committee composed of an individual from each recognized employee organization and a representative of City Administration charged with administering the Catastrophic Leave Bank. B. Employees may transfer sick leave, vacation or compensatory leave to the Catastrophic Leave Bank to be donated to an employee who is experiencing catastrophic illness and has exhausted all personal sick leave. Such a transfer can be made on July 1 of each year on forms provided by the City of El Segundo. The employee to receive the donation will sign the "Request to Receive Donation" form allowing publication and distribution of information regarding his /her situation. C. Sick leave, vacation and compensatory time leave donations will be made in increments of no less than one day. These will be hour for hour donations. D. Employees must hold a minimum of one hundred and twenty (120) hours of accumulated illness /injury leave after a donation has been made. E. The donation of time is irrevocable. Should the recipient employee not use all of the donated time for the catastrophic illness or injury, any balance will remain in the Catastrophic Leave Bank to be administered by the committee and utilized for the next catastrophic leave situation. Article 3.07 Temporary Service in a Higher Classification When an employee is qualified for and is required for an appreciable period of time to serve temporarily in and have the responsibility for work in a higher class or position, when approved by the City Manager, such employee, while so assigned, shall receive the entrance salary rate of that class or whatever step thereof that is not less than five percent above his or her present rate, whichever is higher. For the purpose of this section, "applicable period of time" is defined as nine consecutive working days (eight working days if on four -ten plan) or longer. Article 3.08 Promotions In all cases where an employee regulated by Chapters 1A3 and 1A4 is promoted to a classification in Chapters 1 A3 or 1 A4 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 29 G68 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 his regularly assigned subordinate's base rate, the supervisor's base rate shall be advanced to a step in his /her salary range which is next higher than any subordinate's base pay exclusive of longevity pay, educational incentive pay, and special assignment pay. Article 3.09 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. Article 3.10 Jury Duty The City will not provide jury duty leave pay to employees effective July 21, 1984. If the State or Federal Court jury commissioners change, amend, alter, or otherwise rescind their present policy of granting exemptions from jury service to persons who do not receive jury duty pay from their employer, so as to require jury service despite the absence of jury duty pay from such employer, than the City's practice of paying the City's full salary if jury pay is returned to the City shall be reinstated effective immediately upon the first implementation of such changed exemption policy with respect to all personnel in classifications in this bargaining unit. In the event an employee is called to jury duty, and wishes to serve, accrued vacation leave time or a leave of absence without pay shall be granted subject to scheduling requirements by the City. In the event that the City's practice of paying the City's full salary if jury pay is returned to the City is reinstated pursuant to the aforementioned provisions, the provision for unpaid jury duty leave shall be considered null and void. Article 3.11 Physical Examinations The City will allow up to two (2) days of accumulated sick leave per year to be used for purposes of physical examinations, subject to submission of a doctor's verification. The City further agrees that requests for sick leave benefits will not unreasonably be denied. Article 3.12 Joint Labor Management Team Pursuant to the meet - and - confer process for 1997 -98, it was agreed upon that representatives of the City and the Union shall create joint labor management teams to foster improved communication and productivity. Article 3.13 Disciplinary Action - Authority to Take Modify Personnel Rule 14.4 to include the following: Prior to making a final decision to take disciplinary action involving 30 069 suspension, demotion, dismissal or reduction in pay, the City Manager shall give written notice of the proposed action to the concerned employee. The notice shall include a statement of reasons that a disciplinary action is being proposed and shall include a copy of the charges being considered by the City Manager. Except when of a confidential nature, the supporting documentation will be provided with the written notice to the employee. A written notice delivered to the employee's last known address shall constitute adequate notice. Article 3.14 Street Maintenance Worker Duties Effective October 1, 2000, 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: Employees shall not be required to perform such duties for a period exceeding ten (10) hours during each two -week pay period or be expected to pour more than one (1) yard of concrete each week. Article 3.15 Library Work Schedule Library employees will become part of the rotating staff coverage for Sunday hours. Library Administration will meet with Library employees in an effort to reach an acceptable work schedule that includes Sunday work. 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. 07U 31 APPENDIX A BARGAINING UNIT CLASSIFICATIONS CLERICAL AND SECRETARIAL Senior Administrative Specialist Administrative Specialist Office Specialist II Office Specialist I BUILDING SAFETY Senior Building Inspector Building Inspector II Building Inspector I License /Permit Specialist II License /Permit Specialist I ENGINEERING Civil Engineering Assistant Engineering Technician EQUIPMENT & BUILDING MAINTENANCE CLASSIFICATIONS Fire Equipment Mechanic Equipment Mechanic II Equipment Mechanic I Equipment Service Worker Facilities Systems Mechanic Lead Custodian Custodian PLANNING CLASSIFICATIONS Assistant Planner Planning Technician STREET MAINTENANCE CLASSIFICATIONS Public Works Maintenance Leadworker Street Maintenance Worker II Street Maintenance Worker I WATER/WASTEWATER CLASSIFICATIONS Public Works Maintenance Leadworker Meter Reader /Repairer 33 071 Water/Wastewater Maintenance Worker II Water/Wastewater Maintenance Worker I ADMINISTRATIVE SERVICES CLASSIFICATIONS Accounting Technician Accounts Specialist II Accounts Specialist I FIRE CLASSIFICATIONS Senior Fire Prevention Specialist Fire Prevention Specialist LIBRAR/CABLE SERVICES CLASSIFICATIONS Senior Library Assistant Library Assistant Library Clerk II Library Clerk I Administrative Technical Specialist — Library Computer Graphics Designer Library Network Assistant Community Cable Program Specialist RECREATION AND PARKS CLASSIFICATIONS Recreation Coordinator Pool Center Maintenance Technician Maintenance Craftsworker Tree Maintenance Worker Park Maintenance Worker II Park Maintenance Worker I POLICE CLASSIFICATIONS Crime Scene Investigator II Crime Scene Investigator I Police Cadet (Permanent Part -time) 34 For the City Employees' Association: Wn-W, t; - -, On President \i'l1 w ����v vWt _ • _ Marcia Marion, Vice President Yv tte Simoneau, Secretary LVr z/ , ... . IIUII I< berlee Carter, Sergeant -at -Arms Ochwat, Association Member ,o- a 8- 0�4 Date 32 For the City: Bruce Barsook, Chief Negotiator /4� /,-� &,,!� Bret Plumlee, Director of Administrative Services Robert Hyland, Human Resources Manager /0 -;?, 9"o' Date 0'7 3 Appendix C Drug Free Workplace Statement and Substance Abuse Policy All safety sensitive employees (holders of Class B licenses) must submit to a drug test and an alcohol test upon returning to duty after an absence of thirty (30) days or more, or after being removed from duty because a drug and /or alcohol test detected a prohibited presence of a controlled substance or alcohol in the employee's system. Appendix F Occupational Iniury and Illness Policy The parties have agreed upon an occupational injury and illness policy dated June 23, 2004. 35 07 EL SEGUNDO CITY COUNCIL MEETING DATE: November 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding approval of a three -year Memorandum of Understanding (labor agreement) between the City of El Segundo and the El Segundo Police Support Services Employees Association. (Fiscal impact FY 2004 — 1005 is $45,000) RECOMMENDED COUNCIL ACTION: 1) Adopt Resolution approving the Memorandum of Understanding; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: In June 2004, staff and representatives of the El Segundo Police Support Services Employees Association began meeting and conferring, pursuant to Sections 3500 et. seq. of the California Government Code, for the purpose of obtaining a labor agreement. Agreement was reached on October 22, 2004. - continued on next page - ATTACHED SUPPORTING DOCUMENTS: 1) Resolution approving Memorandum of Understanding 2) Comprehensive Memorandum of Understanding prepared by Bruce Barsook, Esq., of Liebert Cassidy Whitmore and City staff. FISCAL IMPACT: Fiscal impact FY 2004 — 2005 is $45,000) Operating Budget: Amount Requested: Account Number: Project Phase: Year 1 of 3 Year MOU Appropriation Required: _ Yes X No ORIGINATED BY: DATE: 11/3/04 Bret M. Plumlee, Director Administrative Services REVIEWED BY: DATE: '// Mary Strenn, City Manager agenda 526 75 7 BACKGROUND & DISCUSSION: The economic parameters of the new Memorandum of Understanding include: • Year 1 - 3% salary and benefit increase • Year 2 - 4.32% salary and benefit increase • Year 3 - 2% minimum to 4% maximum salary and benefit increase The Year 1 salary increase will be effective with the beginning of the October 16, 2004 payroll period. The City and the Association reached agreement on the following major issues: • An 80% (City), 20 %(Association) sharing of medical cost increases, beginning in January, 2006. • The willingness to reopen the agreement to consider alternative medical plans. • A minimum of 5 years of service with the City of El Segundo in order to be eligible for paid retiree medical coverage. • Expansion of the Communication Training Officer Program and inclusion of Police Service Officers and Police Assistants in the Department's training program. • A formalized Occupational and Illness Policy. • Revision of criteria in order to be eligible for overtime pay. • Clarification of the parties' rights to negotiate matters within the scope of bargaining. • Employee's ability to opt out of City's medical plan upon providing proof of coverage in another plan. The fiscal impact of the three -year Memorandum of Understanding is $139,750 to $169,700 over the 3 years. The comprehensive Memorandum of Understanding has been signed by all parties and is attached to this staff report. 076 RESOLUTION NO. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA AND THE EL SEGUNDO POLICE SUPPORT SERVICES EMPLOYEES ASSOCIATION BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds as follows: A. City has met and conferred in good faith with representatives of the El Segundo Police Support Services Employees Association; and B. Discussions which have taken place in the meet and confer process have resulted in a mutually agreeable Memorandum of Understanding between the City of El Segundo and this Association; SECTION 2: Staff is authorized to implement all terms and conditions of the Memorandum of Understanding between the City of El Segundo and the El Segundo Police Support Services Employees Association, dated October 28, 2004. A copy of the Memorandum of Understanding is attached as Exhibit "A," and incorporated by reference. SECTION 3: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. SECTION 4:The City Clerk will certify to the passage and adoption of this Resolution, will enter the same in the book of original Resolutions of said City, and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 16th day of November, 2004. APPROVED Arm Mark D. Hen y X AZmtorpey la fCarl H. Berger Assistant City ttorney Kelly McDowell, Mayor 0 7 17 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. was duly passed and adopted by the 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 the said Council held on the 16'h day of November, 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTENTION: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 16th day of November, 2004. ATTEST: Cindy Mortesen, City Clerk 0178 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF EL SEGUNDO AND EL SEGUNDO POLICE SUPPORT SERVICES EMPLOYEES ASSOCIATION ARTICLE/ SECTION NUMBER ............................................ ............................... PAGE Article 1 - General Provisions 1.01 Preamble ......................................................................... ............................... 3 3 1.02 Conclusions and Term of Agreement ............................... ............................... Family Emergency Care Sick Leave Utilization ................. .............................12 1.03 Implementation of Agreement .......................................... ............................... 3 1.04 Recognition ..................................................................... ............................... 3 4 1.05 Management Rights ........................................................ ............................... Retirement ..................................................................... ............................... 1.06 Union Membership Differential Pa 4 1.07 Organizational Security 16 2.10 1.08 Savings ........................................................................... ............................... 5 5 1.09 No Strike ......................................................................... ............................... 5 1.10 Non - Discrimination .......................................................... ............................... 5 1.11 Steward's Time ............................................................... ............................... 5 1.12 Union Administrative Time .............................................. ............................... 2.16 1.13 Grievance Procedure ...................................................... ............................... 6 1.14 Layoff Procedure ............................................................ ............................... 8 10 1.15 Personnel Policies .......................................................... ............................... 11 1.16 Union Hearing Cost Contribution .................................... ............................... Article 2 - Salaries and Benefits 2.01 Salary Increase .............................................................. ............................... 11 2.02 Overtime /Compensatory Time .......................................... .............................11 2.03 Family Emergency Care Sick Leave Utilization ................. .............................12 2.04 Uniform Allowance and Replacement ............................... .............................12 2.05 Wellness Program .......................................................... ............................... 12 13 2.06 Employee Group Insurance Program ............................. ............................... 2.07 Retirement ..................................................................... ............................... 15 15 2.08 Differential Pa 16 2.09 Computer Purchase Program ........................................ ............................... 16 2.10 Sick Leave ..................................................................... ............................... 17 2.11 Flexible Spending Account ............................................. ............................... 17 2.12 Bereavement Leave /Emergency Leave ......................... ............................... 2.13 Step Advancement ........................................................ ............................... 18 2.14 Minimum Service with City of El Segundo to Receive Pay for a Designated Percentage of Accumulated Sick Leave ......................21 2.15 Worker's Compensation Provisions ............................... ............................... 21 2.16 Holidays ......................................................................... ............................... 22 1 07� 2.17 Life Insurance ................................................................ ............................... 22 22 2.18 2.19 Vacation ........................................................................ ............................... Vacation Time Accumulation and Sale ........................... ............................... 23 2.20 Vacation Time Accrual - For Temporary Industrial Disability ......................... 24 2.21 Long Term Disability Plan ................................................. .............................24 3.03 2.22 Direct Deposit ................................................................ ............................... 24 2.23 Promotional Examinations ................................................ .............................24 3.06 2.24 Standby Duty ...24 25 2.25 Educational Incentive Pa 3.08 2.26 Longevity Pay ..................................................... .............................25 3.09 2.27 Training Pay ....................................................... .............................26 3.10 Article 3 - Other Provisions 3.01 Drug Free Workplace Statement and Substance Abuse Policy .................... 26 3.02 Smoking Policy 26 26 3.03 Education Reimbursement ............................................ ............................... 26 3.04 3.05 Catastrophic Leave Bank .............................................. ............................... Temporary Service in Higher Classification ................... ............................... 28 3.06 Promotions .................................................................... ............................... 28 28 3.07 Termination Pa 3.08 Jury Duty ....................................................................... ............................... 29 3.09 Physical Examinations ................................................... ............................... 29 3.10 Joint Labor Management Team ..................................... ............................... 3.11 Disciplinary Action - Authority to Take ........................... ............................... 29 3.12 Policies ............................................................. .............................29 Appendix A - Bargaining Unit Classifications Appendix B - Smoking Policy Appendix C - Drug Free Workplace Statement and Substance Abuse Policy Appendix D - Catastrophic Leave Bank Policy 2 080 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF EL SEGUNDO AND EL SEGUNDO POLICE SUPPORT SERVICES EMPLOYEES ASSOCIATION ARTICLE 1 - GENERAL PROVISIONS Article 1.01 Preamble This Memorandum of Understanding (hereinafter "MOU" or "Agreement ") is made and entered into between the EL SEGUNDO POLICE SUPPORT SERVICES EMPLOYEES ASSOCIATION, hereinafter referred to as "Union ", and the management representatives of the El Segundo City Council, hereinafter referred to as the "City ", pursuant to the California Government Code Section 3500 et. seq. Article 1.02 Conclusions and Term of Agreement The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and the benefits contained herein are given in consideration for the various provisions contained herein which may be a change in the prior employment practices of the City. Further, it is mutually agreed that this MOU shall be effective through and including September 30, 2007. This Memorandum of Understanding contains all of the covenants, stipulations and provisions agreed upon by the parties regarding terms and conditions of employment. Therefore, for the life of this Agreement, neither party shall be compelled to meet and confer with the other party concerning any mandatory meet and confer issue which is covered by this Agreement. Article 1.03 Implementation of Agreement 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. Article 1.04 Recognition The City hereby confirms its recognition of the Union as the exclusive representative of employees in the Police Department Support Services representation unit, and agrees to meet and confer with the Union on all matters relating to the scope of representation pertaining to the said employees as authorized by the law. The appropriate unit represented by the Union is generally described as all full time permanent Police 3 081 Department Support Services non -sworn shift schedule employees. This 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 #3208. The list of classes within the bargaining unit is attached to this MOU as Appendix A. Article 1.05 Management Rights 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 direct the work of its employees; hire, promote, demote, transfer, assign and retain employees in positions within the City, subject to the rules and regulations of the City, discipline employees for proper cause; maintain the efficiency of governmental operations; relieve employees from duties because of lack of work; take action as may be necessary to carry out the City's mission and services in emergencies; and to determine the methods, means and personnel by which the operations are to be carried out, including the right to contract or subcontract any services performed by the City and require overtime work by City employees. Article 1.06 Union Membership The City agrees to: 1. Provide official dues deductions for all employees who subscribe to Union membership; 2. Provide official payroll deductions for approved Union insurance and welfare plans, not to exceed five programs; 3. Provide the Union with a list of newly hired employees in the representation unit monthly. Article 1.07 Organizational Security Upon approval of this Agreement by the El Segundo City Council, all unit employees who voluntarily became members of Union and those unit employees who voluntarily become members of Union during the term of this agreement shall remain members until the expiration of the agreement. Notwithstanding the above, employees may terminate their Union membership within forty -five (45) calendar days prior to the agreement expiration date. Effective May 1, 2003, a Letter of Agreement between the California Teamsters Local 911 /Police Support Services Employees Association and the City of El Segundo regarding implementation of Agency Shop provisions was signed by representatives of the City and the Union. The Union shall indemnify and hold harmless the City and its Council individually and collectively from any legal costs and /or damages arising from claims, demands, or liability by reason of litigation arising from this article. The Union agrees to pay the City all legal fees and legal costs incurred in defending the City or its officers, employers, or agents against any court W action or administrative action challenging the legality or constitutionality of the provisions of this article or its implementation. Article 1.08 Savings 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. Article 1.09 No- Strike The Union agrees that 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. Article 1.10 Non - Discrimination The Union and the City recognize and agree to protect the rights of all employees to join and /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. The City and the Union agree that they shall not illegally discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations and shall act affirmatively to accomplish equal employment opportunities for all employees. The City and the Union shall reopen any provision of this Agreement for the purpose of complying with any final order of the Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with State or Federal anti - discrimination laws. Article 1.11 Steward's Time Upon timely request and for suitable reasons, the City Manager may authorize release of the Union President or his /her authorized representative from normal duties to assist in personnel matters involving Union members. Article 1.12 Union Administrative Time Union officers and board members will be allowed up to a total of 72 hours as a group per year of administrative leave to attend Union and labor relations seminars. All or 5 V a.! part of these hours may be used for other conferences or seminars with the approval of the City Manager. Article 1.13 Grievance Procedure The Union may grieve on behalf of an individual, group of employees or the Union as a whole. 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). B. Grievant - A grievant is an employee or group of employees adversely affected by an act of omission of the agency. b. Steps within the Grievance Procedures will be completed within (10) ten working days. C. Day - A day is a working day. D. Immediate Supervisor - The first level supervisor of the grievant. 2. TIME LIMITS A. Compliance and Flexibility - 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. 3. PROCEDURE Grievances will be processed following the procedures set forth below. 08q C. 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 In filing a grievance, the employee should set forth the following information: a. The specific section of the Memorandum of Understanding, departmental or agency rules or regulations allegedly violated, misinterpreted or misapplied. b. The specific act or omission which gave rise to the alleged violation, misinterpretation or misapplication. C. The date or dates on which the violation, misinterpretation or misapplication occurred. d. What documents, witnesses or other evidence supports the grievant's position. e. 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 grievant may present the grievance in writing to the City Manager within ten (10) days. The City Manager or designee will conduct an informal hearing and render a decision. Each party shall have the right to present witnesses and evidence at the hearing. The conclusions and findings of this hearing shall be final. 085 4. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE A. The grievance procedure is not intended to be used for the purpose of resolving complaints, requests or changes in wages, hours or working conditions. B. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. C. The procedure is not intended to be used to challenge the merits of a reclassification, lay -off, transfer, denial of reinstatement, or denial of a step or merit increase. D. The procedure is not intended to be used in cases of 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. 5. CONFERENCES Grievant(s) and City representatives, upon request, shall have the right to a conference at any level of the grievance procedure. 6. WRITTEN MATERIAL 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. Article 1.14 Layoff Procedure 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 his 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. 2. 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 days 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. ►86 8 3. At -Will Employees - The City Manager retains the right to layoff or alter the work assignment of the following employees at any time without notice or right of appeal: emergency employees, temporary or seasonal employees, part-time employees, original probationary employees, promotional probationary employees and employees designated as at -will. The promotional probationary employee shall revert to his /her previously held classification and position without loss of seniority. 4. Procedures for Layoff - 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. Seniority shall be determined by hire date. 5. Breaking Ties - In cases where two or more employees have the same date of hire (i.e. equal seniority), 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: "Unsatisfactory" Rating - 0 points "Improvement needed" Rating - 6 points "Satisfactory" Rating - 12 points "Exceeds expectations" Rating - 18 points "Outstanding" Rating - 24 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. 6. Reduction to a Vacant Position - An employee designated for layoff as a result of abolition of a position or classification may be offered appointment to a vacant position in a lower classification, if the employee is qualified by education and /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 highest 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. An employee accepting such appointment shall be placed on the step for the lower classification most closely corresponding, but in no case higher, than the salary step of his /her previously held position, and the employee will be assigned a new salary anniversary date on the effective date of the appointment. 7. Displacement Rights - An employee designated for layoff as a result of abolition of a position or classification may displace ( "bump ") an employee 0 8'7 9 in a lower classification in which the employee has prior service, provided the laid off person has greater seniority than the employee in the lower classification An employee who is bumped shall be laid off in the same manner as employee whose position or classification is abolished. 8. Salary Placement - An employee who is assigned to a lower classification as a result of a displacement (bump) shall be placed on the step of the salary range of the new classification which is closest to the compensation of the employee in the previous classification, but in no case higher, and the employee will be assigned a new salary anniversary date on the effective date of the appointment. The employee shall, however, retain seniority while his /her name remains on reemployment list or lists. 9. Re- Employment 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 highest to lowest, on a reemployment list for their classification or any lower classification for which the employee is qualified by education and /or experience. Persons on such lists shall retain eligibility for appointment therefrom for a period of three years from the date their names were placed on the list. As a vacancy within a classification or lower related 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 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. 10. Rights on Re- Employment - If a person is reemployed by the City within three years, the employee's seniority, sick leave and vacation accrual rates shall be reinstated. Any accumulated sick leave and /or vacation earnings shall also be reinstated to the extent that the employee did not receive compensation for such earnings at the time of lay off. Upon reemployment, employees will be placed on the same salary step held at the time of lay off. Article 1.15 Personnel Policies 1. 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. Such overtime work shall to the extent possible be assigned on the basis of volunteers. In the assignment of overtime under this provision, however, management may consider special skills required to perform particular work. to 88 2. Good Friday - Employees shall be entitled to use vacation time for leaves with pay on Good Friday provided such absences are scheduled and approved by the City. Article 1.16 Union Hearing Cost Contribution Commencing on October 15, 2000, the Union will pay for one -half the costs incurred by the City as a result of any Los Angeles County Civil Service Commission hearings involving unit members covered by this MOU, up to a maximum of one thousand five hundred dollars ($1,500.00) per fiscal year. ARTICLE 2 - SALARIES AND BENEFITS Article 2.01 Salary Increase 1. Effective on the first day of the pay period in which ratification occurs the base salary set forth within each step of the salary ranges set forth in the City's Salary Table (Attachment A hereto) shall be increased by two and forty -seven hundreds percent (2.47 %) 2. Effective on October 1, 2005, the base salary set forth within each step of the salary ranges shall be increased by three and twelve hundreds percent (3.12 %). 3. Effective on September 30, 2006, the base salary set forth within each step of the salary ranges shall be increased by two percent less than 100% of the increase to the CPI — U (Los Angeles- Anaheim - Riverside) August to August data, provided however, that the salary increase for employees shall be no more than 2 %. Article 2.02 Overtime /Compensatory Time 1. Overtime Calculation - An employee who is required to work more than forty (40) hours during any given work week shall be compensated at the rate of one and one -half times his /her regular rate of pay. The City, for purposes of calculating overtime pay, will include holiday, sick leave, compensatory time, and pre- approved vacation leave, as time worked. 2. Compensatory Time - Employees may substitute compensatory time for overtime pay if approved by their Department Head as follows: A. The employee can maintain up to eighty (80) hours of accrued compensatory overtime at any one time, and carry over unused time from year to year. B. The employee may use compensatory time in conjunction with normal vacation time with prior approval of their Department Head. 11 089 C. The employee can use up to forty (40) hours of compensatory time at any one time. 3. Recall Minimum Hours - Employees who are required to return to work at a time other than their scheduled work day shall be compensated for a minimum of four (4) hours work. Article 2.03 Family Emergency Care Sick Leave Utilization The City shall comply with the Federal and State regulations of the Family and Medical Leave Act. Affected employees shall be entitled to utilize six (6) days of accumulated sick leave per calendar year for providing immediate family medical necessity - related care. "Immediate family" shall be defined as including children, parents, siblings, grandparents of the employee, the employee's spouse or significant other. Utilization of said sick leave shall be contingent upon the employee making application for sick leave use and providing his /her department head with documentation evidencing that the sick leave is to be distributed because of an immediate family member receiving medical attention by any type of health care provider. Article 2.04 Uniform Allowance and Replacement The City shall pay uniform, clothing, safety and personnel equipment allowance as follows: A. Police Service Officer, Police Assistants 1 /11, Supervising Dispatchers, Communications Dispatcher 1 /11, $240 per year or equivalent per month of active duty. B. Newly appointed Police Service Officers shall be provided with a uniform advance of $110, at the time of appointment. C. The City reserves the right to provide uniforms in lieu of the allowances provided for herein. Affected employees occupying the classifications of Police Service Officer, Police Assistant 1 /11, Communications Dispatcher 1 /11, Supervising Dispatcher, shall have unserviceable uniforms replaced by the City by means of the replacement policies and procedures applicable to sworn uniformed City police personnel. Said replacement policy shall be in addition to any uniform maintenance allowance paid to affected employees. Article 2.05 Wellness Program The parties shall create during the term of this Agreement a joint labor- management "wellness committee ", the purpose of which shall be to inform and educate unit members as to manners in which individual lifestyles can be adjusted to promote health and fitness. Any and all recommendations of the committee shall be advisory only and the composition of the committee shall be as agreed upon by the parties in accord with future organizational meetings to be coordinated by representatives of management and labor. 12 090 Article 2.06 Employee Group Insurance Programs Medical A. Effective January 1991, the City will contract with the California PERS for the Public Employees' Medical and Hospital Care Program for medical insurance. B. Effective January 1, 2005 the City's contribution for medical and mental health insurance will be equal to the premium cost of full family coverage for the average of the HMO's available to all PERS covered employees in Los Angeles County or $807 /month, whichever is higher. (This amount will be known as the "2005 formula ".) Effective January 1, 2006, the City shall pay for 80% of the increased premium which exceeds the formula set forth above. Employees shall be responsible for the remaining 20 %. (For example, if the premium increase for the average cost of the HMO plans increases by 10% over the anticipated 2005 average premium of $757.29 /month (ie., an increase of $75.73 /month to $833.02 /month), the City would pay up to $827.82 /month ($807 plus 80% of the increase above $807) and the employee would pay the remaining $5.20 /month). Effective January 1, 2007, the City's maximum contribution shall be the 2005 formula, the 80% contribution for 2006, plus 80% of the increased premium which exceeds the 2005 contribution. For example, if the premium increase for the average cost of the HMO plans increases by another 10% over the hypothetical 2005 rate of $833.02 /month (ie, an increase of $83.30 /month to $916.32 /month), the City would pay up to $894.46 /month ($807 + $20.82 + $66.84) and the employee would pay the remaining $21.86 /month, Effective January 1, 2005, employees may opt out of insurance and receive $250 /month in cash. The opt out benefit is only available so long as the city's insurance rate is not adversely affected by the "opt out ". The employee must provide verification of alternative coverage in order to opt out and is responsible for the tax consequences of the cash payment. The cash benefit is not subject to PERS retirement credit. 091 13 2. 3 C. Effective upon City participation in the Public Employees' Medical and Hospital Care Program the City will initiate a future retiree health insurance contribution program for retirees who participate in the Public Employees' Medical and Hospital; Care Program. The program will provide for the following maximum contributions: Year of Retirement Amount of Monthly Contribution 1991 '$16.00 1992 * 25% of City Contribution made for employee with coverage which is the same as that of the retiree. 1993 * 50% " 1994 * 75% " 1995 * 100% " *Should the contribution listed be less than $75.00 the retiree shall receive $75.00. Employees must have a minimum of five (5) years of service with the City in order to be eligible for paid retiree medical insurance. D. Alternative Medical Plans - During the term of this agreement, the City may reopen the contract in order to consider alternatives to the PERS medical plans. The City agrees that it will only propose plans that provide for a cost - effective, comprehensive medical package for employees and their families (ie., provides comparable benefits to current plans, including portability (ie., benefits for retirees)). There will be no change in insurance plans prior to January 2006 without agreement of the parties. Dental During the term of this agreement, the City will pay the premium for City contracted dental insurance for employees and eligible dependents. The City's aggregate contribution for current dental, optical and life insurance shall be capped at $135.00 per employee per month. Optical During the term of this agreement, the City will pay the premium for City contracted optical insurance for employees and eligible dependents. The City's aggregate contribution for current dental, optical and life insurance shall be capped at $135.00 per employee per month. 14 U9: Article 2.07 Retirement The City shall provide as deferred compensation a set dollar amount to be paid toward the employee's contribution to the Public Employees' Retirement System. The dollar amount to be paid as deferred compensation for the term of this agreement shall be an amount equal to seven percent (7 %) of the sum of the Total earnings less than $133.33 per month. Total earnings less deferred pay equals base pay. The City agrees to pay on behalf of the employees covered under this agreement the member contribution on shift differential, uniform allowance and uniform replacement when such benefits are includable as additional compensation for PERS purposes. 2. Effective January 1, 1992 the City's contract with the California Public Employees' Retirement System was amended to add Section 20024.2, One -Year Final Compensation. 3. The City has amended its contract with the Public Employees' Retirement System (PERS) to provide eligible employees with the benefits of the 2% at age 55 (Modified) retirement plan in accordance with Government Code Section 21354. Article 2.08 Differential Pay Shift Differential — Effective on the first day of the pay period in which ratification occurs, employees shall be entitled to shift differential pay of 5% for swing shift and 8% for graveyard for the total number of hours worked during their scheduled shift when a minimum of four (4) hours of an employee's scheduled shift occurs during the swing shift (shift begins on or after 1000 hrs.) or graveyard shift(shift begins on or after 1800 hrs.), as applicable. Effective January 1, 2005, employees may not work the same bid shift for more than 18 months. Animal Control Differential - Effective October 15, 2000, Police Service Officers who are specifically assigned to perform "animal control" duties during a shift, who perform "animal control" duties on an emergency basis during a specific shift, or who perform "animal control" duties during a specific shift when no employee is specifically assigned to perform "animal control" duties shall receive differential pay in the amount of twenty dollars and twenty -six cents ($20.26) for each specific shift in which they meet any of these qualifications. Female Inmate Differential — Effective September 9, 2000, female Police Assistant 1 /II who perform jailer duties for female inmates during a specific shift shall receive differential pay of seventeen dollars and ninety cents ($17.90) for each such specific shift. Jailer duties shall be defined as follows: pat down of female inmates booked into the City's jail facility; serving meals to inmates at appropriate times; performing inmate well- being checks, as directed by the employee's supervisor; escorting inmate 15 0 9`) out of their cell, as directed by employee's supervisor. In all cases, the employee's supervisor shall determine whether or not Police Assistant 1 /II employees will perform jailer duties. Article 2.09 Computer Purchase Program Contingent upon the City determining that sufficient funds exist for said purpose, provision to each affected employee of a maximum $4000.00 cumulative interest free loan for an initial purchase of personal computer hardware, software and ergonomic - related furniture and equipment. An employee with an outstanding balance on a prior computer loan as of July 1, 1998 will have that amount currently due from the previous loan subtracted from the amount the employee can borrow interest free under this program. 2. Subsequent loans or amounts in excess of the above maximum interest free loan, would be at an interest rate of 3 %. All loans would include a 35- month repayment term. 3. Anti -virus software shall be required as a prerequisite in granting requested loans 4. The City's determination in this regard is not subject to administrative or judicial appeal. Loans shall be repaid through payroll deductions over a three year period. Outstanding loan balances must be paid off at the time an employee separates from City service and the City shall be authorized to recover any loan balance by making deductions from the employee's final check. 5. The City would retain title, as security, to any equipment purchased with funds from the above described loans, until such time as the loan is fully paid off. The City is to be notified of any exchange or updating of equipment. Article 2.10 Sick Leave Sick Leave Accumulation - Employees shall receive one (1) eight (8) hour day accumulation for each month's service not to exceed a maximum of 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. 2. Sick Leave Payment Upon Separation - Affected employees having a minimum of 5 years of service will be paid for 50% of their unused sick leave upon death or termination. Employees shall receive 80% of their unused sick leave upon a service or disability retirement. 3. Sick Leave - Payment of One -Half of Accrual On the first day of 004 16 December of each year, employees who maintain a balance of 600 hours of sick leave accrual shall be paid for seventy percent (70 %) of sick leave accumulated and not used during the preceding twelve -month period. Payment shall be made on or before December 10th. 4. Sick Leave Accrued - Payment on Termination Prior to December 1 st - Employees who terminate prior to the first day of December while maintaining a balance of more than 600 hours of sick leave shall also be paid seventy percent (70 %) of their unused accrued sick leave accumulated since the preceding December 1st. 5. Sick Leave Certification - Any employee taking sick leave shall, upon his or her return to work, sign a statement certifying the reasons for such sick leave. Employees absent five or more consecutive working days, or four consecutive working days for employees assigned to a four -day ten -hour working schedule must submit a statement from a doctor that the employee was under his care and is able to return to work. The City Manager may, before allowing such leave or before permitting an employee to return to work, require submission of a doctor's certificate for any absence. Any employee who makes a false claim to sick leave or who refuses to cooperate in an investigation by the City of his or her claim shall be subject to disciplinary action. In addition to the above, effective January 1, 2001, 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. 6. Sick Leave Requests - Requests for sick leave benefits will not unreasonably be denied. Employees agree not to abuse the use of sick leave. Article 2.11 Flexible Spending Account The City will implement a Flexible Spending Account pursuant to the terms and conditions of this plan no later than January 31, 1989. Article 2.12 Bereavement Leave /Emergency Leave A. Bereavement Leave - Employees shall be entitled to twenty -four (24) hours of bereavement leave with pay per incident which shall be increased to forty (40) hours per incident in those circumstances where travel to a funeral or other memorial proceeding is 500 or more miles one 17 way as measured from the El Segundo City Hall. Additionally, the definition of the immediate family" whose funeral or memorial proceeding qualifies for the use of bereavement leave, shall include the children, parents, siblings, grandparents of the employee, the employee's spouse or significant other. 2. Personal Emergencies - 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. Article 2.13 Step Advancement Step Advancement Basic Salary Schedule - The advancement of a new employee from Step A shall be on the new employee's anniversary date which is established as the day immediately following satisfactory completion of his or her first six months' service; Steps B, C, and D contemplate one year's service in each of such classification subject to the limitation of Section F below and the advancements therefrom shall be on the anniversary date of the employee; Step E contemplates continued service in such classification until further advancement is indicated by reason of longevity. Notwithstanding the above, a supervisor may recommend to the department head that an employee receive an accelerated advancement of part or all of the next salary step B, C, D, or E (excluding Longevity Pay Steps), based on exemplary job performance. If the department head concurs, he /she shall submit a written report on the prescribed form to the Director of Administrative Services citing specific examples of work performed by the employee that consistently exceeds expectations and warrants approval of part or all of the next salary step prior to the employee's anniversary date. The Director of Administrative Services shall submit the request along with a recommendation for action by the City Manager. 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. The accelerated salary advancement(s) shall not change the affected employee's anniversary date. In no case shall an employee receive compensation that exceeds the E -step of their respective salary range. 2. Class Series Classifications - Notwithstanding the provisions of Section A, the following classes: Police Assistant 1 /II Communications Dispatcher 1 /11 7()E m The classifications listed above shall be described as class series classifications and shall be paid at either of two different salary range levels assigned to each class. 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 Section 1, except as noted 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 Section 1. 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 a person is employed at Level I, such employee may be advanced to Level II upon a determination by the Department Head & approval of the Director of Administrative Services that the employee's work performance, skill development, & demonstrated ability to perform higher level duties causes his /her assignment to Level II to be appropriate. No employee shall be advanced to Level II without such an evaluation. In making the determination to advance to Level II according to the above - noted factors, such determination shall not be made simply by subjective evaluation but shall be 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; Acquisition of specialized skills required of the position; Achievement of specific job - related goals and objectives during a specified period of time; Increased ability to work without close supervision; Ability to exercise increased individual judgment; Ability to provide leadership and guidance to less experienced employees; Ability to understand and properly apply departmental rules; Ability to produce work which is acceptable both in terms of quality and quantity and which represents at least the average level of } ri 19 v 9'1 work produced by other Level II employees. Specific criteria for advancement within a class series shall be prepared jointly by each Department Head and the Director of Administrative Services. Such criteria shall be approved by the City Manager. No employee shall be advanced form Level I to Level II except upon recommendation of the Department Head and approval of the City Manager. Whenever an employee is moved from Level I to Level ll, 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 the rate of compensation received by said employee at the time of assignment to Level Il, unless otherwise ordered by the City Council. While occupying a position assigned to a class series classification, an employee shall serve only one probation period. 3. Longevity Achievement - Steps X, Y and Z of the Basic Salary Schedule are longevity provisions and are to be used in applying the following policy: Upon attaining'seven years of continuous service with the City, an employee shall be compensated at Step X; upon attaining fourteen years of continuous service with the City, an employee shall be compensated at Step Y; and upon attaining twenty -one years of continuous service with the City, an employee shall be compensated at Step Z; provided, however, that employees may be paid at a higher level than the foregoing schedule when necessary to comply with the requirements of Section 1A6.090. Employees employed on and after July 16, 1974 shall not be eligible to receive these longevity benefits. (For reference, see Article 2.26). 4. Longevity Achievement on Merit - Employees to whom this Chapter applies who are eligible to receive longevity pay shall advance to Steps X, Y, and Z based upon an overall rating of "standard" or higher as determined by the employee's performance evaluation. If the employee fails to qualify for Steps X, Y or Z 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. 5. Step Advancement - Anniversary Date - An employee advanced from any range to another range of the Basic Salary Schedule shall receive a new anniversary date which is the date of the change. If the employees anniversary date falls in the first week of the pay period, the effective date of the increase will be the first day of that pay period; if the effective date falls on the second week of the pay period, the effective date of the increase will be the first day of the following pay period. Other changes in salary, unless specifically directed by the Council or as provided in Section F shall not change the anniversary date, except for promotions made in accordance with the Personnel Merit System Ordinance or the 20 11 J q Personnel Rules and Regulations. The City Council reserves the right, at any time, and in its sole discretion, to change the range number assigned to any officer or employee and to determine the particular step in any range number which is to be thereafter assigned to any such officer or employee, subject to meet and confer with the Union. Notwithstanding the above, an employee in a classification under Section B shall not be assigned a new anniversary date when he /she is advanced from Level I to Level II in that same classification. 6. Increases 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 Section A and satisfactory performance of duties. An employee will be presumed to merit an increase unless his or her Department Head, with the concurrence of the Director of Administrative Services 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. Article 2.14 Minimum Service with City of El Segundo to Receive Pay for a Designated Percentage of Accumulated Sick Leave Employees who retire must have been employed for a minimum of five (5) years with the City of El Segundo in a classification covered by this Agreement in order to receive pay for unused sick leave balance. Article 2.15 Workers' Compensation Provisions Permanent employees who are members of the Public Employees' Retirement System and who receive injuries that are compensable under the California Workers' Compensation Laws (other than those to whom the provisions of Section 4850 of the Labor Code apply) shall be entitled to receive: 1. Seventy -five percent of the employee's regular salary for any so- called waiting period provided for in the Workers' Compensation Laws. 2. Thereafter, for a period of up to one year, or until earlier retirement on disability pension or a finding of permanent and stationary disability by a medical doctor, the difference between seventy -five percent of the employee's regular monthly salary and the amount of any temporary disability payments under the California Workers' Compensation Laws. Such payment 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. 21 0 99 Article 2.16 Holidays Holidav Schedule - The following Days shall be considered as holidays for City employees: January 1 st The third Monday in February (President's Day) The last Monday in May (Memorial Day) July 4th The first Monday in September (Labor Day) November 11th (Veteran's Day) Thanksgiving Day The Friday after Thanksgiving December 24th December 25th December 31 st In the event any of the above Holidays falls on the first day an employee is regularly scheduled to be off duty, the Holiday shall be observed on the previous working day. If the Holiday falls on the second day an employee is regularly scheduled to be off duty.. the Holiday shall be observed on the following work day. 2. Holiday Pay - If an employee is required to work upon a City Holiday, he or she shall be entitled to time and one -half for such work in addition to the straight time holiday pay of eight (8) hours. Police Service Officers Supervising Dispatchers and Communications Dispatchers 1 /II who regularly are required to work on Holidays, shall be paid for ninety -six hours in lieu of holidays on or about the 10th of December. 3. Personal Leave /Floating Holiday - In addition to the holidays enumerated in Article 2.18, each employee who has completed six months of service shall be entitled to select one day per calendar year as a Personal Leave Day /Floating Holiday with the approval of the employee's supervisor after a minimum of seven days prior notice. Article 2.17 Life Insurance The City will provide a $20,000 Life Insurance policy for each employee. Article 2.18 Vacation Employees shall receive either: �u0 22 ORIGINAL ACCRUAL SCHEDULE Twelve working days per year with full salary for the first seven years of continuous service with the City. 2. Seventeen working days per year with full salary after seven years and until the completion of fourteen years of continuous service. 3. Twenty -two working days per year with full salary after fourteen years of continuous service. OR ALTERNATIVE ACCRUAL SCHEDULE Twelve days per year from commencement of the first year of service t through and including completion of the fifth year of service. 2. Fifteen days per year upon commencement of the sixth year of service through and including completion of the tenth year of service. 3. Eighteen days per year upon commencement of the eleventh year of service through and including completion of the fifteenth year of service. 4. Twenty -two days per year upon commencement of the sixteenth year of service and for all years of service thereafter. An employee desiring to participate in the "alternative" accrual schedule shall so advise Human Resources Department in writing of their election, no later than October 19, 1994. Failure to advise of an election to accrue vacation pursuant to the alternative schedule shall result in the employee continuing to accrue vacation on the "original" schedule. An election to accrue vacation on the alternative schedule or maintenance of accrual pursuant to the original schedule, shall be irrevocable. For this article, the term "day" shall be the equivalent of eight hours. Vacation time shall accrue on a monthly basis. Vacation leaves may be taken only after an employee has completed one year's continuous service. Article 2.19 Vacation Time Accumulation and Sale Vacation time shall be accumulated from date of last continuous permanent employment. All vacation shall be taken at such times as are agreeable to the head of the department and approved by the City Manager. Earned vacations shall not be accumulated for longer period than for two years' service. Each calendar year, an employee may sell back his /her accumulated vacation up to a maximum of the annual vacation accrual, to which they are entitled by length of service. 23 1Ux Each employee may sell back vacation once per calendar year and only during the first two -weeks of December. Article 2.20 Vacation Time Accrual - For Temporary Industrial Disability Notwithstanding the provisions of Article 2.21, employees on temporary industrial disability may accrue vacation time for longer than two years. Article 2.21 Long Term Disability Plan The City will add all unit members to its currently existing Long Term Disability Plan. Article 2.22 Direct Deposit It is agreed between the City and Union that it is in the mutual interest of the City and its employees that all covered employees utilize the currently available direct deposit system. Employees who do not desire to utilize direct deposit shall make their wishes known in writing to the City's Director of Administrative Services, together with a statement of their reasons therefore. Exceptions to this direct deposit policy shall not be denied. Article 2.23 Promotional Examinations For the purpose of interpreting Section 2.28.080(B) of the El Segundo Municipal Code, entitled "Examinations ", the City agrees that a sufficient number" shall be three (3) eligible, quantified applicants who have indicated an interest in a particular promotion in writing to the Director of Administrative Services. Article 2.24 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, employees are not required to remain at their City work station or any other specified location. Standby duty employees are free to engage in personal business and activities. However, standby duty requires that employees: A. Be ready to respond immediately. B. Be reachable by paging device or telephone. The City may, in its' discretion, provide a paging device, e.g., a beeper, to an assigned standby duty employee. C. Be able to report to work within one (1) hour of notification. D. 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. 104 24 E. Respond to any call back during the assigned standby duty. 2. As with any City equipment, any paging device assigned to an employee is the responsibility of the standby employee during standby assignment. The employee is liable for loss or damage to the paging device, which is caused by the employee's negligence or intentional acts. 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. 5. Employees recalled to duty shall receive a minimum of four (4) hours of recall pay. 6. An employee who uses sick leave or vacation leave during a standby period, occurring on or after, October 15, 2000, shall not be provided any form of compensation for the standby period, unless the employee's department head approves, in writing, the provision of the normal standby period compensation. Article 2.25 Educational Incentive Pay Eligible employees shall be entitled to receive educational incentive pay. The educational incentive shall be equal to two and one -half percent (2.5 %) for Associate degrees and five percent (5 %) for Bachelor's degrees. The incentive is paid on the employee's base salary and shall be paid at the same times and in the same manner as base salary. Educational incentive pay is not reported as compensation to PERS. Eligibility for educational incentive pay is limited to those employees who (a) are working in a job classification that does not require a bachelor's degree or higher degree to qualify for the classification and (b) were awarded such degree in one of the majors which had been approved by the Police Chief, in writing, prior to admission of the specific employee into that major. Article 2.26 Longevity Pay Effective September 30, 2006, employees shall be entitled to the following longevity pay based on years of service with the City of El Segundo: a. Completion of 5 years of service - 1.5% above base pay b. Completion of 10 years of service - 3.0% above base pay C. Completion of 15 years of service - 5.0% above base pay d. Completion of 20 years of service - 6.75% above base pay 25 103 Article 2.27 Training Pay The Department agrees to use one of three budgeted Communication Training Officer designations to fund future training pay (4.5% while assigned training responsibilities) for Police Service Officers and Police Assistants. The Union agrees that Communication Training Officers will accept additional training related duties and additional duties in the absence of a Supervising Dispatcher. Training related duties are limited to updating: the training manual, training forms, training tests, training guidelines, and training evaluations. Collateral duties will include maintaining the dispatch center information books; and in the absence of a supervisor: issuing the Daily Activity Log, and contacting a supervisor when an employee calls in sick or is otherwise unable to attend their scheduled work assignment. ARTICLE 3 - OTHER PROVISIONS Article 3.01 Drug Free Workplace Statement and Substance Abuse Policy The parties have met and conferred in good faith regarding the adoption of a Drug -Free Workplace Statement and Substance Abuse Policy and the same shall be implemented concurrent with the adoption of this MOU. Article 3.02 Smoking Policy The parties have met and conferred in good faith regarding the adoption of a non- smoking policy and the same shall be implemented concurrent with the adoption of this MOU. Article 3.03 Education Reimbursement Reimbursement Procedures - Permanent employees may participate in the City's Educational Reimbursement Program. 2. Repayment Upon Termination - Employees who participate in the Educational Reimbursement Program will be required to sign the following agreement: "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: 26 10 1i q When Depart Percentage 1 month after course completion 100% 2 months 100% 3 months 90% 4 months 80% 5 months 70% 6 months 60% 7 months 50% 8 months 40% 9 months 30% 10 months 20% 11 months 10% 12 months 0% 3. Eligible employees may receive no more than one thousand seven hundred fifty dollars ($1,750.00) per calendar year under this program. Article 3.04 Catastrophic Leave Bank The City shall institute a catastrophic leave bank as follows: 1. Purpose - To establish a program whereby City employees may donate accumulated time to a catastrophic sick leave bank to be used by permanent, part-time and full -time employees who are incapacitated due to a catastrophic illness or injury. 2. Definition - A catastrophic illness or injury is a chronic or long term health condition that is incurable or so serious that, if not treated, it would likely result in a long period of incapacity. 3. Procedures A. There is established a joint - employer /employee committee composed of an individual from each recognized employee organization and a representative of City Administration charged with administering the Catastrophic Leave Bank. B. Employees may transfer sick leave, vacation or compensatory leave to the Catastrophic Leave Bank to be donated to an employee who is experiencing catastrophic illness and has exhausted all personal sick leave. Such a transfer can be made on July 1 of each year on forms provided by the City of El Segundo. The employee to receive the donation will sign the "Request to Receive Donation" form allowing publication and distribution of information regarding his /her situation. C. Sick leave, vacation and compensatory time leave donations will be made in increments of no less than one day. These will be hour for hour donations. 27 105 D. Employees must hold a minimum of one hundred and twenty (120) hours of accumulated illness /injury leave after a donation has been made. E. The donation of time is irrevocable. Should the recipient employee not use all of the donated time for the catastrophic illness or injury, any balance will remain in the Catastrophic Leave Bank to be administered by the committee and utilized for the next catastrophic leave situation. Article 3.05 Temporary Service in a Higher Classification When an employee is qualified for and is required for an appreciable period of time to serve temporarily in and have the responsibility for work in a higher class or position, when approved by the City Manager, such employee, while so assigned, shall receive the entrance salary rate of that class or whatever step thereof that is not less than five percent above his or her present rate, whichever is higher. For the purpose of this section, "applicable period of time" is defined as ten consecutive working days (eight working days if on four -ten plan) or longer. Article 3.06 Promotions In all cases where an employee promoted to a classification in 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 his regularly assigned subordinate's base rate, the supervisor's base rate shall be advanced to a step in his /her salary range which is next higher than any subordinate's base pay exclusive of longevity pay, educational incentive pay, and special assignment pay. Article 3.07 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. Article 3.08 Jury Duty The City will not provide jury duty leave pay to employees effective July 21, 1984. If the State or Federal Court jury commissioners change, amend, alter, or otherwise rescind their present policy of granting exemptions from jury service to persons who do not receive jury duty pay from their employer, so as to require jury service despite the absence of jury duty pay from such employer, than the City's practice of paying the 28 106 City's full salary if jury pay is returned to the City shall be reinstated effective immediately upon the first implementation of such changed exemption policy with respect to all personnel in classifications in this bargaining unit. In the event an employee is called to jury duty, and wishes to serve, accrued vacation leave time or a leave of absence without pay shall be granted subject to scheduling requirements by the City. In the event that the City's practice of paying the City's full salary if jury pay is returned to the City is reinstated pursuant to the aforementioned provisions, the provision for unpaid jury duty leave shall be considered null and void. Article 3.09 Physical Examinations The City will allow up to two (2) days of accumulated sick leave per year to be used for purposes of physical examinations, subject to submission of a doctor's verification. The City further agrees that requests for sick leave benefits will not unreasonably be denied. Article 3.10 Joint Labor Management Team Pursuant to the meet - and - confer process for 1997 -98, it was agreed upon that representatives of the City and the Union shall create joint labor management teams to foster improved communication and productivity. Article 3.11 Disciplinary Action - Authority to Take Modify Personnel Rule 14.4 to include the following: Prior to making a final decision to take disciplinary action involving suspension, demotion, dismissal or reduction in pay, the City Manager shall give written notice of the proposed action to the concerned employee. The notice shall include a statement of reasons that a disciplinary action is being proposed and shall include a copy of the charges being considered by the City Manager. Except when of a confidential nature, the supporting documentation will be provided with the written notice to the employee. A written notice delivered to the employee's last known address shall constitute adequate notice. Article 3.12 Policies The parties have agreed upon the following policies: 1. Occupational Injury and Illness Policy, dated June 23, 2004. 2. Communications Training Officer Program Policy. 3. El Segundo Public Safety Communications Center Overtime Policy 29 107 For the Police Support Services For the City: Employees' Association: ZI qJenif r No o , Steward // Bruce Barsook, Chief Negotiator Larry Harrington, Dulce Bruner, Steward Chester Mordasini, Teamsters' Business Representative Bret Plumlee, Director of Administrative Services Robert Hyland, Human Resources Manager Max .r Date Date 108 30 APPENDIX A BARGAINING UNIT CLASSIFICATIONS Communications Dispatcher 1 /II Supervising Dispatcher 31 109 EL SEGUNDO CITY COUNCIL MEETING DATE: November 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding a request for an operation permit located at 1924 East Maple Street and /or 500 South Douglas Street to allow Dav El Chauffeured Transportation Network, a chauffeured limousine business to transport passengers on the City's public streets. RECOMMENDED COUNCIL ACTION: 1. Approve an operation permit request for Dav-El Chauffeured Transportation Network, a limousine service business, to transport passengers on the City's public streets and /or; 2. Alternatively, discuss and take other actions related to this item. BACKGROUND & DISCUSSION: Dav-El Chauffeured Transportation Network (Dav -EI), an international chauffered limousine service, would like to relocate from its current location in the City of Hawthorne to the City of El Segundo. Dav-El Chauffered Transportation Network is requesting approval of an operation permit from the City Council pursuant to the requirements for vehicles for hire as specified in Chapter 4 of Title 4 of the ESMC. The Municipal Code regulations regarding for vehicles for hire were established in 1973. Dav-El Chauffeured Transportation Network is a private corporate limousine service that operates in over 550 cities with more than 20,000 employees worldwide. Dav-El chauffeurs are employees rather than independent contractors. Dav El (Continued on next page...) ATTACHED SUPPORTING DOCUMENTS: 1. Letter of Request from Patrick J. Cooney, VP of Operations, dated October 21, 2004 FISCAL IMPACT: None Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: _ Yes X No ORIGINATED BY: DATE: Y Seimone Jur' erector of Planning and Building Safety REVIEWED BY: DATE: 6� Mary S nn, City Manager STAFF REPORT: November 16, 2004 BACKGROUND & DISCUSSION: (cont.) Page 2 serves both the entertainment industry and the business community, with many Fortune 500 companies as clients. Dav -El is considering two potential locations for their business, either at 1924 East Maple Street and /or 500 South Douglas Street. Dav -El proposes to house their fleet of 50 vehicles, comprised of 2004 -year Cadilac sedans and SUV's, inside the existing buildings located at either site. No maintenance of the vehicles would occur on the premises. The zoning designation for the property located at 1924 East Maple Street (the southwest corner of the intersection at Lairport Street) is CO Corporate Office. The property at 500 South Douglas Street (at the southeast corner of the intersection at Utah Avenue) is zoned M1 Light Industrial. The property at 1924 East Maple Street is currently occupied by offices in the front of the building and houses an exotic car collection in the warehouse portion at the rear of the building. Currently, offices are a permitted use and warehouse or storage uses are not a permitted use in the CO Zone. Although warehouses and storage uses are not allowed in the CO Zone today, the warehouse and storage of exotic cars on this property is a legal, non- conforming use and as such the limousine service would be allowed as a continuation of the legal, non - conforming use. Office and warehouse /storage uses are permitted uses in the M1 Light Industrial Zone. Therefore, the limousine service would be allowed by right at 500 South Douglas Street subject to approval by the City Council of the operation permit. Staff recommends approval of Dav -El's request for an operation permit for vehicles for hire at 1924 East Maple Street and /or 500 S. Douglas Street as required by ESMC §§ 4 -4 -3, 4 -4 -4, and 4 -4 -9 and as determined by the City Council as a public convenience and necessity per ESMC § 4 -4 -2. Additionally, staff recommends that the approval be subject to the condition that all of the vehicles for hire must be stored indoors. If an operation permit is approved, Dav - EI must obtain a permit from the City Clerk and pay a license fee as provided for in ESMC §§ 4 -4 -4 and 4 -4 -6 respectively. The operation permit shall remain in effect until revoked or suspended by the City Council per ESMC § 4 -4 -5. Additionally, if an operation permit is approved, Dav -El will have to provide evidence of valid driver's permits, vehicle permits and insurance per ESMC §§ 4 -4 -7, 4 -4 -10, and 4 -4 -11. A business license is also required in addition to an operation permit for a chauffeured limousine service. PAPlanning & Building Safety\Kim \LimoServiceCC.doc i i 1 CHAUFFEURED TRANSPORTATION NETWORK Over 550 Cities Worldwide Mr. James Hansen October 21, 2004 Director of Community, Economic & Development Services City of El Segundo 350 Main Street El Segundo, CA 90245 Dear Mr. Hansen, Thank you for your time this week. We are very excited at the possibility of relocating our facility from Hawthorne to El Segundo. The building at 1924 East Maple would accommodate our entire fleet of approximately 50 vehicles very well. We would be able to house all of our vehicles as well as provide on property parking for every employee. We currently are contracted for all our gasoline needs at Airport Union 76 at 603 N. Sepulveda, just a block away and the area provides many services that our employees would be able to utilize. As we operate a fleet of 2004 Cadillac sedans and SUVs, we do not perform any vehicle services on location. All maintenance is done at the dealer or service station, including tire repair and oil changes. We believe that our "self contained" operation would be a nice fit in the area and that Dav El Chauffeured Transportation Network would be a very good corporate citizen and neighbor. Mr. Hansen, please contact me with any issues, questions or concerns you may have concerning our request for approval for this facility. Additionally, I would appreciate it if you could inform me of any other requirements, regulations or permits that we might need to address. Thank you. Si Patri9k f. Cooney Vice prksident Operations, Western Region 11� 9876 WILSHIRE BOULEVARD • BEVERLY HILLS, CALIFORNIA 90210 • 310 -642 -6666 • FAx 310 - 645 -8865 www.davel.com EL SEGUNDO CITY COUNCIL MEETING DATE: November 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding adoption of plans and specifications for the 2004 -2005 Annual Contract for the City -wide Curb and Sidewalk Repair Program - Project No. PW 04 -11 - (Estimated cost = $50,000). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve plans and specifications; (2) Authorize staff to advertise the project for receipt of construction bids; (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: This annual project provides for the repair /installation of damaged and off -grade sidewalk, curb, driveway approach and pavement in various areas throughout the City. A list of areas needing repair is developed each year from residents who call in and from staffs observations. Funding for this program has been approved for fiscal year 2004 -2005. Due to the number of requests for repairs, additional funds will be used for the project when they are made available. ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: Capital Improvement Program Amount Requested: Account Number: Project Phase: Appropriation Required: $50,000 $50,000 001 - 400 - 4202 -6206 ($41,550) 118 - 400 - 8203 -6206 ($ 8,450) Adoption of plans and specifications No ORIGINATED BY: DATE: November 9, 2004 Seimone J ji , Acting City Engineer REVIEWED BY: DATE: Mary Strenn, City Manager C� 11 -16 -04 Adopt Plans and Specifications for the 2004 -05 Annual Contract and Sidewalk Repair PVTT ` EL SEGUNDO CITY COUNCIL MEETING DATE: November 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding award of contract to Spectra Contract Flooring for carpeting and installation on the main floor of the City Library. (Fiscal Impact = $67,000) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Recommend that City Council waive the formal bidding process per the Municipal Code, and approve the City's use of a State of California approved — California Multiple Award Schedule (CMAS) Contract # GS- 27F -0034A for library carpet with Shaw Industries, Inc. (manufacturer) and award contract to the authorized distributor and installers Spectra Contract Flooring, in the amount of $ 67,000 (2) Authorize the City Manager to execute an agreement on behalf of the City; (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: Re- carpeting the library's main floor was originally planned for 2003/04 by the Public Works Department as part of their regular maintenance schedule. The library carpet is over 12 years old and has become worn in many of the public walk areas. The carpet bid process was delayed until after completion of the Library Capital Improvement Project (CIP) for new meeting rooms and interior modifications. Completion of that project is due November 30,2004. A quote of $67,000 has been received from Spectra Contract Flooring to purchase & install the new carpet. Spectra is an approved distributor and installer with the CMAS program which was established in 1994 b y t he S tate D epartment o f G eneral S ervices t o u se p roducts, services and prices from already existing multiple award contracts. Staff recommends using the Public Works scheduled carpet maintenance account and the Library CIP account for completing the remodeling of the meeting rooms. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Capital Improvement Program: No Amount Requested: $67,000 Account Number: Library #001 -400- 8201 -849 ($47,000); PW#405 -400- 0000 -6215 ($30,000) Project Phase: Award of contract Appropriation Required: Yes ORIGINATED BY: DATE: 1 t 00 U L- Q�&a4()kA� Debra Brighton, Director of Library & Cable Services 10 114 EL SEGUNDO CITY COUNCIL MEETING DATE: November 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action authorizing the City Manager to issue a letter of concurrence to the City of Simi Valley to utilize a radio frequency co- channeled with one assigned to the City. RECOMMENDED COUNCIL ACTION: (1) Authorize the City Manager to issue a letter of concurrence to the City of Simi Valley to utilize a radio frequency co- channeled with one assigned to the City; (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: From time to time, the City receives requests from individuals, private companies and public agencies for concurrence to use radio frequencies adjacent to or co- channeled with frequencies assigned to the City. The City has received such a request from the City of Simi Valley to operate on channel 471/474.1125 MHz. El Segundo is currently co- licensed on this channel with the South Bay Regional Public Communication Authority. Additionally, the channel is licensed to Redondo Beach, Gardena, Hawthorne, Hermosa Beach, Manhattan Beach and Whittier. The City's radio frequency engineer, Dr. Henry Richter, has reviewed the request from Simi Valley and its potential impact on El Segundo. It is his recommendation that the City issue a letter of concurrence to support the application by the City of Simi Valley to the Federal Communications Commission. If approved, the issuance of a concurrence letter will require the requesting party to work cooperatively with the City to mitigate and overcome any harmful interference to both parties' mutual satisfaction. ATTACHED SUPPORTING DOCUMENTS: Frequency Concurrence Overview Staff Report Letter of Recommendation from Dr. Henry Richter FISCAL IMPACT: Operating Budget: .00 Amount Requested: .00 Account Number: Project Phase: N/A Appropriation Required: No ORIGINATED BY: DATE: , /Jack Wayt, Chi f of Police REVIEWED BY: DATE: ary S,#0n, City Manager '' S/ y 1 1 115 City of ECSegundo IntevDepartmental Correspondence November 1, 2004 To: Mary Strenn, City Manager From: Jack Wayt, Chief of Police Subject: Frequency Concurrence Overview One of the Federal Communications Comission's key spectrum management goals has been to promote efficient access to and use of a finite supply of radio spectrum. The FCC has acknowledged that public safety agencies have "scarce available spectrum," particularly in large metropolitan areas. Interference protection is central to effective spectrum management. Electromagnetic interference plays a pivotal role in the design and operation of telecommunications equipment and systems, and related costs. In today's radio frequency environment, interference generally limits the useable range or technical effectiveness of communications signals. Its effects on spectrum users and service providers range from annoyance, to threats to the safety of life and property. Interference protection is fundamentally related to spectrum rights and obligations. It also affects the efficiency of spectrum use. Under FCC rules, some two -way radio communications channels are licensed on a shared basis, while others are licensed exclusively to one entity in a geographic area. The FCC's rules also provide the minimum distance between co- channel licensees, and in some cases, between licensees on adjacent channels. If an applicant wishes to locate a station closer than the FCC's co- channel or adjacent channel limits permit, the applicant may seek concurrence from the existing licensee to such "short spacing." The applicant may demonstrate that short spacing is permissible, despite the FCC's rules, by using computer- derived propagation maps, or by actual testing with a temporary station in the proposed location with the licensee monitoring its system to determine harmful interference. In many instances, there are clear terrain obstacles, which will prevent interference, in which case a map generally suffices. The concurrence letter may state, among other things, that the requesting party will work cooperatively with the other party (in this case the City) to mitigate and overcome any harmful interference to both parties' mutual satisfaction. In most instances the parties may agree how, and at whose expense, interference will be resolved. There is no requirement that an existing licensee grant concurrence. If a licensee does not provide concurrence, in some cases, an applicant may demonstrate, through engineering showings, that short spacing will not cause harmful interference to the co- channel or adjacent channel licensee, despite that licensee's lack of concurrence. In the public safety community, a serious consideration of a concurrence request from another public safety entity is a sign of being a good neighbor. It is only through this type of cooperation that we are better able to satisfy needs of local agencies. The same considerations may not apply to requests for concurrence from prospective co- channel or adjacent channel licensees who are not public safety entities. RICHTER GROUP Communications Consultants Henry L. Richter, Ph.D,. PE November 3, 2004 Lt Max Phipps El Segundo Police Department 348 Main Street El Segundo, CA 90245 Dear Lt. Phipps: 2755 Alondra Way Palm Springs, CA 92264 -8754 760/322 -9122 FAX 325 -7364 hrichter @alumni.caltech.edu I am writing to recommend that the City of El Segundo issue a letter of concurrence to support an application by the City of Simi Valley to the FCC for a radio license. Specifically, Simi is asking for 471/474.1125 MHz. These are licensed to El Segundo, as well as SBRPCA (the primary user), Redondo Beach, Gardena, Hawthorne, Hermosa Beach, Manhattan Beach and Whittier. This channel will be used in Simi at two low level sites, Mt. McCoy (near the Reagan Presidential Library) and Stowe Tank (just off the 118 freeway at Yosemite Dr.). My propagation maps show that only the slightest amount of signal gets into LA County, just by the Ventura County line. I have run several maps with SBRPCA, who is very sensitive to possible interference because of their Palos Verdes site, and they have signed off on the concurrence for themselves and their client cities. Redondo Beach is also concurring. Since El Segundo holds an FCC license on this channel, CPRA has requested that Simi obtain concurrence letters from all licensees, although not necessarily primary users. If your City would issue such a letter, it would be in the spirit of a good neighbor, agreeing to something that would not be any problem. I believe you have a suggested concurrence letter. CPRA is just waiting for your letter and one other to approve the Simi application, and receipt would surely be appreciated by them. Any questions, please call. s/s Henry L. Richter, PhD, PE c: Ms Barbara Mathews, City of Simi Valley fl, EL SEGUNDO CITY COUNCIL MEETING DATE: November 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding a special permit, per Municipal Code, Section 8 -8- 7 (D) (2), the waiver of fees for City services associated with Holiday Main Street Parade. (Fiscal Impact: $8,233) RECOMMENDED COUNCIL ACTION: 1) Recommend to approve fee waiver for City services associated with the Holiday Main Street Parade. 2) Alternatively discuss and take other action on related to this item. BACKGROUND & DISCUSSION: The Holiday Main Street Parade is one of the traditional events that benefit the El Segundo Community. The Recreation and Parks Director has the authority to issue the permit, for the event, but the fee waiver request must be approved by City Council. This event is scheduled to take place Sunday, December 12, 2004. The Chamber of Commerce sponsors the Holiday Main Street Parade. This event has been held in EI Segundo for over many, many years and is similar to those of years past with fees being waived. The parade route will be from Imperial Ave., south down Main St., to El Segundo Blvd. with the official start time of 1 p.m. and an approximate completion time of 3 p.m. The city services that are being requested are the use of the street barricades for street closures and provide necessary street posting, street sweeping after the event, police services for traffic control, judge's stand, sound system, Cable coverage with announcer capabilities, risers, and chairs, and the bucket truck. Extra park crews will be necessary to facilitate set up, clean up and trash pick up. All items requested per the permitting process have been received and filed. ATTACHED SUPPORTING DOCUMENTS: Letter of Request from the El Segundo Chamber of Commerce. FISCAL IMPACT: $8,233. Operating Budget: Amount Requested: $8,233. Account Number: 001 - 400 - 4202 -4103, 001 - 400 - 4202 -6224, 001 - 400 - 4201 -6206, 001 - 400 - 3104 -4103, 001 -400- 5102 -4103, 001 - 400 - 5102 -5204, 001 - 400 - 5201 -4102 Project Phase: na Appropriation Required: $4,183 Yes $4,050 (Police) No ORIGINATED: DATE: November 12, 2004 (A Stacia Mancini, Director of Recreation and Parks REVIEWED BY: Mary Strenn, DATE: 11//�� 1 118 El Segundo Chamber - The Voice for Business - April 5, 2004 Ms. Stacia Mancini Director Recreation and Parks Department City of El Segundo 339 Sheldon Street El Segundo, CA 90245 Re: 2004 Annual Holiday Parade Dear Stacia: On behalf of the El Segundo Chamber of Commerce, we respectfully request the support and sponsorship by the City of El Segundo for the 41" Annual Holiday Parade. This year's Parade will be held on Sunday, December 12, 2004, from 1:00 P.M. to 3:00 P.M., with the streets to be closed promptly at noon to the parade's end. Specifically, The Chamber respectfully requests City sponsorship through traffic control and monitoring along the parade route, posting street closure, barricades along Main Street and Imperial Avenue, and the procurement and set -up of equipment such as the Grandstand with 20 chairs for dignitary and senior seating, and the PA system for the parade announcer. The Parade will include our Grand Marshal and dignitaries in automobiles, walking groups, entertainers, floats, bands, and other traditional Holiday Parade participants. It will begin on Main Street at Imperial Avenue and proceed south to El Segundo Boulevard. It is expected that the El Segundo Community Cable will tape the Parade for future broadcast and will have a sound system set up in front of the grandstand. Set up will begin at 9:00 A.M., and the event will run from 1:00 to 3:00 P.M., with clean up beginning at 3:00 P.M. The Grandstand will need to be set up on Saturday, December 11. May we also reserve the West Conference Room for the dignitary reception? In addition, we are requesting that City permit fees be waived for the Parade and that the City arrange for trash collection along the parade route following the event. Your invaluable time and consideration of our request for continued support and sponsorship that the City of El Segundo has extended to the Chamber and this community tradition over the years are deeply appreciated. We look forward to working with you during the 2004 holiday season. I�Z S i pce , iel ler Executive Director 427 Main Street - E1 Segundo, CA 90245 - 310.322.1220 - Fax 310.322.6880 119 n Email info @elsegundochamber.org EL SEGUNDO CITY COUNCIL MEETING DATE: November 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding award of three year contract to Bell Building Maintenance Company for the City's janitorial services effective January 1, 2005. (Fiscal Impact = $109,332). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Award contract to Bell Building Maintenance Company in the amount of $109,332; (2) Authorize the City Manager to execute an agreement for services subject to approval by City Attorney; and (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: This contract provides for regular janitorial services for eight City facilities including City Hall, Fire Station No. 1, the Police Department, and Library and Recreation and Park buildings including the Plunge. On September 30, 2004, three vendors submitted bids for the janitorial services RFP: Bell Building Maintenance Company; K & P Janitorial Services; and United Maintenance Systems. Staff conducted interviews with each bidder and checked on references. Staff recommends awarding the contract to Bell Building Maintenance Company. The evaluation criteria used to select the contractor included: (1) reference checks; (2) experience, particularly municipal facilities; (3) proposed service level at each building; and (4) response time in emergencies (i.e., flooding). Bell Building Maintenance Company had the best overall references including city and county libraries and city pools. (Background and discussion continued on the next page......) ATTACHED SUPPORTING DOCUMENTS: Bid results FISCAL IMPACT: Operating Budget: Amount Requested: $109,332.00 Account Number: 001 - 400 - 2601 -6206 (PW) 001 - 400 - 5102 -6206 (RP) 001 - 400 - 6101 -6206 (Library) Project Phase: Award of Contract Appropriation Required: No ORIGINATED BY: DATE: Stacia Mancini, Recreation and Parks Director REVIEWED BY: DATE: Mary Strenn, City M ger / y, i J BACKGROUND & DISCUSSION: (continued Furthermore, the service level proposed by this bidder exceeds the number of hours proposed by the other bidders. The total cost of this contract is $109,332 annually, which is within the amount budgeted for services. The current contractor, K &P Janitorial Services was the high bid among the three responses. 121 11/10/04 JANITORIAL SERVICES FOR RECREATION and PARKS, LIBRARY, and PUBLIC WORKS DEPARTMENTS RFP #04-07 COSTS SUMMARY 124 Prepared by J. Richard Hogate Risk Manager /Purchasing Agent M nthly Proposed Costs Locations: K & P Janitorial United Maintenance Bell Building Recreation & Parks department: URHO SAARI Recreation Park and restrooms Outdoor pool s Checkout building Gordon Clubhouse Joslyn, Outreach and elevator Teen Center Camp Eucalyptus Recreation and Parks section total $1,482 $1,707 $136 $425 $1,585 $1,825 $1,097 $435 $8,692 $1,123 $571 $381 $381 $811 $647 $431 $260 $4,605 $748 $560 $280 $540 $874 $740 $360 $150 $4,252 Libra 6 day service) Libra (7 day service ) $1,988 $2,269 $1,136 $1,332 $1,630 $1,865 Public Works department: Police City Hall Public Works section total $2,817 $2,408 $5,225 $983 $1,404 $2,387 $1,432 $1,562 $2,994 Combined monthly total with 6 day for Library Combined monthly total with 7 day for Library Combined annual total with 6 day for Library Combined annual total with 7 day for Library $15,905 $16,186 $190,860 $194,232 $8,128 $8,324 $97,532 $99,891 $8,876 $9,111 $106,512 $109,332 124 Prepared by J. Richard Hogate Risk Manager /Purchasing Agent EL SEGUNDO CITY COUNCIL MEETING DATE: November 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding adoption of a resolution increasing the civil penalties for parking violations regulated by Title 8 of the El Segundo Municipal Code. RECOMMENDED COUNCIL ACTION: (1) Adopt resolution increasing the City's civil penalties for parking violations, including but not limited to street sweeping violations; (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Effective July 1, 2004, the Administrative Services Department decentralized the City's cashiering function and no longer processes walk -in parking citation payments. Because of this, the police department began outsourcing parking citation payments through Enforcement Technology. As a result of this change, the department's AutoCITE citations, regular citations and parking envelopes required revisions. During this revision process and based upon the fact the city's civil penalties for parking violations had not been increased in eleven years, the police department conducted a survey of civil parking penalties of neighboring communities. Currently, the City charges $30.00 for both street sweeping and for all other unspecified Municipal Code violations. The median average of the survey group is $35.00 for both street sweeping and all other unspecified Municipal Codes. Based upon that survey, staff has recommended that we increase the street sweeping penalty and all other unspecified Municipal Code violations to $35.00. ATTACHED SUPPORTING DOCUMENTS: Resolution — Exhibit A Civil Penaltv Survev of Surrounding Cities — Exhibit B FISCAL IMPACT: Neutral Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: —Yes X No DATE: Jack Wayt, Chief of Police REVIEWED BY: DATE: oy a enn, City Manager 123 1 4 RESOLUTION NO. A RESOLUTION ADOPTING A FINE SCHEDULE PURSUANT TO CALIFORNIA VEHICLE CODE § 40203.5. The City Council of the city of El Segundo does resolve as follows: SECTION 1: This Resolution is adopted pursuant to Vehicle Code §§ 22507.6 (street sweeping), 40000. 1 (violations as infraction), 40000.28 (misdemeanor upon three or more convictions), 40200 (parking violations subject to civil penalty), and 40203.5 (establishing penalty amounts). The fine amounts (collectively, "fines ") attached as Exhibit "A" to this Resolution are adopted as the City's fine schedule for purposes of imposing fines pursuant to Title 8 of the ESMC. SECTION 2: To the extent any provision of this Resolution is incompatible with or at variance with any prior adopted resolution, the provisions of this Resolution take precedence, and all previous resolutions will be interpreted to harmonize with and not change the provisions of this Resolution. SECTION 3: This Resolution is effective immediately upon adoption. PASSED AND ADOPTED this 16th day of November 2004. APPROVED MARK D. H Kelly McDowell, Mayor By: Z - U/ 6' 1' r Karl H. Berger, Ass stant City Attorney -1- 124 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. was duly passed and adopted by the 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 the said Council held on the 16th day of November, 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTENTION: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 5th day of October, 2004. Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) 125 -2- EXHIBIT A FINE SCHEDULE FOR ADMINISTRATIVE CITATIONS ORDINANCE Unless otherwise provided, all violations of Title 8 to the ESMC, including, without limitation, violations of ESMC § 8 -5 -3 related to street sweeping, will have fines imposed as follows: 1. A fine not exceeding thirty -five dollars ($35) for the first violation; 2. A fine not exceeding seventy dollars ($70) for a second violation of the same provision within one year; 3. A fine not exceeding one hundred five dollars ($105) for each additional violation of the same provision within one year of the first violation. -3- m m x w 1-27 W O O O W J G _ ° M Q N f!3 M (fl M 6R z H O to 0} Z O Q > j ~ Q� N Q J W p H w °o °o °o, o °o o C7 w °o a c M c*i M o M 0 ch 0 M o CO Z Y OL Q CIO CV) cf) CIO � a zzz ON oO ao 2 N N T- O LL Z Z o °o °o °o °o ° o Cl) W o 0 p W Z U) d"). M EA ° Qs U) o r c� Efl Q Z W W � Z V) o Ez a [ g � J CO) G W 0 C o °0 0 0 °o C.) W 0 O CO) � p LL 00 to LL U W (4 (a 60 (a w W Cl) W (La- � (1) � O J Q W N Z W z o 0 0 0 0 °o W C7 0 a Ha w ° M "' N M to M 6s Z w a � v� w (a Cl) LU U H U)U Q U) U) ui 2: a C) v z V Z p CO Q m W Z CC O O o Cl) w w = O a 0 W N J C7 Z p O U) W W 2 Z Z � a m m x w 1-27 EL SEGUNDO CITY COUNCIL MEETING DATE: November 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding the authorization for the Fire Department to purchase an Urban Search and Rescue (USAR) Vehicle from the sole source vendor, Hackney Emergency Vehicle company. Fiscal Impact: for Vehicle and Equipment - $530,000 RECOMMENDED COUNCIL ACTION: 1) Pursuant to El Segundo Municipal Code Sec. 1 -7 -10, waive the bidding process based upon sole source vendor for an Urban Search and Rescue (USAR) Vehicle which is in keeping with NFPA Standard 1901 and meets the City of El Segundo Fire Department specifications; 2) Authorize the City Manager to sign a contract with the Hackney Emergency Vehicle company to build an Urban Search and Rescue Vehicle; 3) Authorize the disposal of the Technical Rescue Vehicle at auction after the USAR vehicle is in service; 4) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Fire Department conducted an analysis of the alternatives to provide USAR vehicle needs. One alternative involved a tractor trailer configuration. The other required a straight frame vehicle and a 20+ foot Air Breathing Compressor Trailer. We considered: maneuverability; overall storage capability; operational efficiency and effectiveness of the vehicle; safety (particularly as it related to reaching and removing heavy equipment); storage of the vehicles; operational requirements; as well as capital, operational, training, equipment replacement and other ancillary costs. These issues are summarized on the next page. The recommendation is to purchase a tractor trailer USAR vehicle. As a result of discussions with other fire departments in Los Angeles County who operate tractor trailer USAR vehicles, we determined that the USAR vehicle made by Hackney Emergency Vehicle Company is the only one that would fully meet our requirements and the NFPA1901 standards. Continued on next page ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: $627,200 (Grant - $370,215; Equipment Fund $257,000) Amount Requested: $530,000 Account Numbers: 001 - 400 - 3255 -8104 — $370,200 601 - 400 - 3202 -8105, Unit # 3342 — $159,800 Project Phase: N/A Appropriation Required: _Yes X No ORIGINATED BY: DATE: 11 -9 -04 Norm Angelo, Re Chief REVIEWED BY: DATE: is Mary nn, City Manager 128 BACKGROUND & DISCUSSION (continued, pace 2): Those requirements include: the configuration of compartment doors and maximizing usability of compartment space; our required height and depth of compartments; distance from the ground to the bottom of the first shelf (for safety); and transverse floor compartments; requirements for overhead door construction; and demonstrated ability to have successfully built more than 20 similar tractor trailer units to the satisfaction other public safety agencies. The tractor trailer configuration provided: more maneuverability overall; greater storage capacity for materials that can be used for other types of incidents; provides more a more self - sufficient unit for efficiency and effectiveness; provides for an on board air compressor; greater crew capacity; allows for indoor storage of the breathing air compressor unit; and the capital cost is less than the two vehicle option. Drawbacks and solutions: Training — we do not currently have in house people to do the initial driver training and certification, this vehicle would require a modified Class A license. There are two feasible options to achieve this training; we estimate that one option to train our driver trainers and get them certified would be $8,000. If the first option not achievable the second option to contract with a private individual for such training and testing is estimated to be $15,000 +. If neither of these options could be achieved, the cost for potential training would be prohibitive, at that point we would recommend going with the two vehicle option (A straight frame truck and a air trailer)to provide for USAR capabilities (We intend to confirm the training alternative that is available prior entering an agreement to purchase a vehicle). The cost of this training and other operational costs could only be covered within our budget from our overtime account, which in turn could impact staffing later in the year depending on our overall overtime experience. After initial train the trainer was completed and after the vehicle arrived (anticipated that could happen in October 2005 Depending on the time of purchase), our trainers would train the remainder of our personnel to become class A qualified. Thereafter training would be conducted routinely to keep driving skills of designated individuals current. Replacement fund costs: under recent budgets contributions to the Technical Rescue vehicle have been suspended until the economy improves. We would recommend keeping a base of $100,000 in this fund from existing equipment replacement funds, giving the vehicle a life of 25 years and deferring any contribution for this vehicle until fiscal year 06/07 at which the rate would be $34,797 to cover the typical projection by finance of a 3% annual inflation rate. Class A License Stipend: It is anticipated that during the fiscal year 04/05 there would be a partial years cost for the three driver trainers and possibly one or tow others resulting in a cost of $2,000 which would need to be covered with funds from our overtime account. In Fiscal year 05/06 it is anticipated that a full year of 15 people (3 driver trainers and the Fire Engineers) would result in a cost of $22,000. If these funds could not be covered under the fiscal year 05/06 budget then we would then again after draw from the overtime budget. It is possible that in subsequent years that all members could earn a Class A license and in that event a full years cost for the stipend would be $30,000 which would need to be covered through that year's budget or drawn from our overtime account. 129 BACKGROUND & DISCUSSION (continued, Pape 3): Since the comparison of options was presented, we have been asked to explore what alternative may work if the mobile air /lighting unit was placed on a chassis versus it being towed as a trailer. In addition we have been asked to determine if it is possible to create greater carrying capacity on a straight frame USAR vehicle using a tandem axle. While the capital cost would be greater, some operational costs would be reduced. We are in process of gathering preliminary information for your further consideration and potential trade -offs of such an alternative. 1 J 1 (1 EL SEGUNDO CITY COUNCIL o[;FNDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: November 16, 2004 AGENDA HEADING: Reports — City Manager Consideration and possible action regarding a status report on the direction from the Los Angeles County Department of Health Services (DHS), Emergency Medical Division regarding paramedic transports after the pending closure of Robert F. Kennedy (RFK) Hospital. There will be an oral presentation (Fiscal Impact: None RECOMMENDED COUNCIL ACTION: 1) Receive and file status report on the direction from the Department of Health Services (DHS) regarding paramedic transports after the closure of Robert F. Kennedy (RFK) Hospital; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Robert F. Kennedy Hospital (RFK) will be closing its Emergency Room on December 23, 2004 and the full hospital on December 31, 2004. The Los Angeles County Department of Health Services, Emergency Medical Services Division met with other hospitals and fire department paramedic service providers to develop a plan to absorb the emergency room and in patient functions from RFK hospital. It has been determined that the City of El Segundo will be designated as an "Open Area" and will be primarily working with Little Company of Mary Hospital and Daniel Freeman Marina, with an option to utilize a new clinic near the Airport for non - emergent patients. El Segundo paramedics will consult with the medical staff at a base hospital to determine the most appropriate emergency room to transport the patient to. The direction and overall plan will be reviewed by the Department of Health Services with the provider agencies in April 2005 to determine if any adjustments need to be made to the plan. The Fire Chief will provide brief overview presentation of the paramedic transport plan. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: _,Yes No ORIGINATED BY: DATE: 11/09/04 Mary Strenn, City Manager REVIEWED BY: DATE: Mary St n, City Manager 131 1 E5 I. REPORTS — CITY CLERK 17. Demonstration of Questys Program. Document Imaging 132 1-7 EL SEGUNDO CITY COUNCIL MEETING DATE: November 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Council Reports —Jim Boulgarides AGENDA DESCRIPTION: Consideration and possible action regarding a status report on implementation of Public Access Defibrillators ( "PADs ") in City of El Segundo buildings. Fiscal Impact: None RECOMMENDED COUNCIL ACTION: 1) Receive and file status report on implementation of PADs; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Prior to 2001, only paramedics had the ability to use defibrillators. In 2001, the City Council funded the implementation of Automatic External Defibrillators ( "AEDs ") capability for the Fire Department. AEDs were placed on all Engines and the Truck Company for firefighters to use as first responders. In 2003, the public safety AED program was expanded to the Police Department. As of November 1, 2004 the City has expanded the AED program to include PADs in a number of El Segundo public facilities. There are AEDs in the following city locations: The Plunge, Planning /Building Safety counter, Check -out building, and the Joslyn center. Mounted along side the PAD units will be easy to follow instructions along side the storage cabinets. In addition, The City will be offering training for employees who wish to have more instruction on the use of AEDs. For the next phase the City Council has directed staff to apply for a grant for two additional AEDs, which have tentatively been identified to be placed in the Library and a central location near the main entrance of City Hall. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: _Yes No ORIGINATED BY: DATE: 11/03/04 Boulgarides, Council Member REVIEWED BY: DATE: goy Mary St n, City Manager 13 '