2010 DEC 07 - 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. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, 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 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). 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, DECEMBER 7, 2010 — 5:00 P.M.
Next Resolution # 4699
Next Ordinance # 1457
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.
of I) I
SPECIAL ORDER OF BUSINESS:
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; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) -2- matter
1. City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
2. NSA Construction vs. City of El Segundo, LASSC Case No. BC348182
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -3-
potential cases: Claim No. 10 -39, Claimant Shaun Cooley; Claim received on or about
November 3, 2010, Claim No. 10-41, Claimant: New Cingular Wireless PCS, LLC (an
affiliate of ATT Mobility, LLC); Claim No. 10 -32, Claimant: Armand Gonzales, Inc. dba
Gonzales Construction (no further public statement is required at this time); Initiation of
litigation pursuant to Government Code §54956.9(c): -0- matter.
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -1-
matters
1. Represented Group: City Employees Association (CEA)
Negotiators: Jack Wayt, Bob Hyland and Richard Kreisler
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
2 (`02
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. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, 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 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). 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, DECEMBER 7, 2010 - 7:00 P.M.
Next Resolution # 4699
Next Ordinance # 1457
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor John Svendsen, First Baptist Church
PLEDGE OF ALLEGIANCE — Council Member Suzanne Fuentes
Li 0 ,s
PRESENTATIONS
a. Proclamation proclaiming Sunday, December 12, 2010 as the 47th Annual El
Segundo Holiday Parade.
b. Proclamation proclaiming the 1200 block of Acacia Avenue as Candy Cane Lane
from December 11 at 7:00 p.m. through December 23, 2010.
c. Proclamation announcing Sandy Cox as the El Segundo Police Department's
"RSVP of the Year ".
d. Proclamation proclaiming December 16, 2010 as "El Segundo Day of Play" at
Mattel.
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 (PUBLIC HEARING)
1. Consideration and possible action to adopt a resolution establishing a fine
schedule for animal control violations regulated by Title 6 of the El
Segundo Municipal Code. (Fiscal Impact: None)
Recommendation — (1) Open a Public Hearing to consider establishing an animal
control fine schedule; (2) Adopt a resolution establishing a fine schedule for
animal control violations; (3) Alternatively discuss and take other action related to
this item.
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
4 Uo4
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.
2. Warrant Numbers 2579906 to 2580177 on Register No. 4 in the total amount
of $929,588.87 and Wire Transfers from 11/05/10 through 11124/10 in the
total amount of $2,614,350.43.
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.
3. Regular City Council Meeting Minutes of November 16, 2010.
Recommendation — Approval.
4. Consideration and possible action regarding awarding a contract extension
to The Jones Payne Group (JPG) for Design and Testing Services related to
the Residential Sound Insulation (RSI) Program. (Fiscal impact: $90,000 —
Non- General Fund)
Recommendation — (1) Award a contract extension to The Jones Payne Group;
(2) Authorize the City Manager to execute a contract extension in a form
approved by the City Attorney; (3) Alternatively discuss and take other action
related to this item.
5. Consideration and possible action regarding a request from the Young
American Parent Committee to waive the banner fees per El Segundo
Municipal Code Sections 8 -8 -7 D1. (Fiscal Impact: $178.00)
Recommendation — (1) Approve the request to waive the user fees per El
Segundo Municipal Code Sections 8 -8 -7; (2) Alternatively discuss and take other
action related to this item.
6. Consideration and possible action regarding approval of a one -year
Memorandum of Understanding (Labor Agreement) between the City of El
Segundo and the El Segundo City Employees Association. (Fiscal Impact:
Estimated Savings FY 2010/2011 of $396,259)
Recommendation — (1) Adopt the Resolution approving the Memorandum of
Understanding; (2) Alternatively discuss and take other action related to this item.
uo5
7. Consideration and possible action regarding approval of a Resolution
implementing the City's Last, Best, and Final Offer regarding the impacts of
layoff, consisting of a severance package for the laid off employees within
the City Employees Association bargaining unit. Fiscal Impact: $11,122.56.
Recommendation — (1) Approve the attached Resolution; (2) Alternatively
discuss and take other action related to this item.]
8. Consideration and possible action to grant W.E. Construction, Inc. and
Delmac Construction & Development, Inc. request to withdraw their bids
because of mathematical mistakes in accordance with Public Contract
Code Section 5101 and award a standard public works contract to EMAE
International, Inc. for the construction of a new Beach Bathroom Facility
and Lifeguard Station at the El Segundo Beach; Consideration and
possible action to award a professional services agreement with Rubio
Medina (RM) to provide construction management services for the El
Segundo beach facility. Project No.: PW 10 -09. (Fiscal Impact:
$1,296,400.00)
Recommendation — (1) Grant W.E. Construction, Inc. and Delmac requests to
withdraw their bids because of mathematical mistakes in accordance with Public
Contract Code Section 5101; (2) Authorize the City Manager to execute a
Standard Public Works Contract in a form as approved by the City Attorney with
EMAE International, Inc. in the amount of $1,111,000.00; (3) Authorize a
construction contingency in the amount of $100,000.00 for unforeseen additional
work; (4) Authorize the City Manager to execute a professional services
agreement in the amount of $86,400.00 with Rubio Medina to provide
construction management services; (5) Alternatively, discuss and take other
action related to this item.
9. Consideration and possible action to award HF & H Consultants, LLC a
Professional Services Agreement for consulting services to aid City staff in
the development of a Request for Proposals for Residential Trash
Collection services and selection and award of a new waste hauler contract
to commence in August, 2011. (Fiscal Impact: $81,000.00)
Recommendation — (1) Approve a Professional Services Agreement to HF & H
Consultants, LLC in a form approved by the City Attorney to aid City staff in all
steps necessary to secure a new residential trash collection services contractor;
(2) Alternatively, discuss and take other action related to this item.
u)05
6
10. Consideration and possible action to receive and file the supplemental
notice that was mailed to property owners and renters regarding the City's
Proposition 218 protest ballots process to potentially impose solid waste
( "trash ") fees and announce that the public hearing before the City Council
on this matter has been continued from December 21, 2010, to January 18,
2011. (Fiscal Impact: None)
Recommendation — (1) Receive and file supplemental notice that was mailed to
property owners and renters regarding the City's Proposition 218 protest ballots
process to potentially impose solid waste ( "trash ") fees and announce that the
public hearing before the City Council on this matter has been continued to
January 18, 2011; (2) Alternatively, discuss and take other action related to this
item.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
11. Introduction of an Ordinance of the City Council amending Title 6 of the El
Segundo Municipal Code in its entirety regarding Animal Control. (Fiscal
Impact: None)
Recommendation — (1) Introduce the Ordinance and waive first reading; (2)
Second reading and adoption would occur on December 21, 2010; (3)
Alternatively discuss and take other action related to this item.
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
12. Consideration and possible action regarding Council consensus to cancel
the January 4, 2011 City Council Meeting. (Fiscal Impact: None)
Recommendation — (1) Approve cancellation of the January 4, 2011 City Council
Meeting; (2) Alternatively discuss and take other action related to this item.
J. REPORTS — CITY TREASURER
7 �' U
K. REPORTS - CITY COUNCIL MEMBERS
Council Member Fuentes -
Council Member Brann -
Council Member Jacobson -
Mayor Pro Tern Fisher -
Mayor Busch -
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 se g.) for the purposes of conferring with the City's Real Property
Negotiator; andlor conferring with the City Attorney on potential and /or existing litigation; and /or
discussing matters covered under Government Code Section §54957 (Personnel); andlor conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: P'_
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TIME: 9,3o
NAME: J/P
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City of Q11 begunbo, (California
WHEREAS, The El Segundo Chamber of Commerce has given El Segundo the Annual
Holiday Parade for the past 47 years, a tradition which both celebrates El
Segundo and calls forth the Holiday Season; and
WHEREAS, The parade, to be held Sunday, December 12, 2010 from 1:00 P.M. to 3:00 p.m.,
with a theme of Holiday Railway, will assemble on the corner of Imperial Avenue
and Main, and continue down Main Street, disbanding at El Segundo
Boulevard; and
WHEREAS, The parade will start with the Grand Marshall, end with the traditional Grand
Finale - the Chevron Fire Truck, bringing Santa Claus through downtown El
Segundo, and in between the crowds will be treated to a few surprises; and
WHEREAS, The community is invited to other holiday festivities on Thursday, December
9th, beginning at 3:00 p.m. with Santa's Village at City Hall Plaza, the Farmer's
Market and Holiday Craft Fair on Main Street, and the Annual Tree Lighting
Celebration in the Plaza from 4:00 p.m. to 5:30 p.m., followed by the Chamber
of Commerce Holiday Mixer held at Citizens Business Bank.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo,
California, do hereby proclaim Sunday, December 12,201o, as the 47th Annual El Segundo
Holiday Parade, and invite the community to all the traditional El Segundo holiday events
and wish the Chamber of Commerce many more years of marching down Main Street.
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WHEREAS, Great and wonderful events are many times the inspiration of one person, like Ken Bailey,
whose simple idea, that a decorated tree be placed at the end of the cul -de -sac on the 1200
Block of East Acacia in celebration of a neighborhood Christmas 1949, is 60 years later an
annual holiday tradition in El Segundo, worthy of national media coverage, and known as
Candy Cane Lane, and
WHEREAS, Candy Cane Lane features Santa Claus arriving on top of a horn - blowing El Segundo fire
truck to light the beautifully decorated homes on Candy Cane Lane as he makes his way
into a snow - covered Christmas Village situated at the end of the cul -de -sac, where he then
climbs on his sleigh from which he sends good cheer each year for 12 nights this year to
hundreds of boys and girls, residents and tourists; and
WHEREAS, Magnolia trees are brightly decorated and artificial snow is supplied by the City. The El
Segundo Community Band plays and property owners dress up their homes for all the oohs
and aahs and the tradition of Candy Cane Lane. A few good merry men of Candy Cane
Lane, like Tom Lindsay, have given their merry Ho, Ho, Ho's, year after year, in the same
Santa suit donated by Chevron. A big thanks to Spring Cleaners for generously making sure
Santa's suit is sparkling and mended for the season and South Bay Vital Signs for creating a
joyful entrance sign. The RSVI's and ESHS volunteers make sure the crowds maneuver
down the Lane in a safe and orderly fashion; and toys are donated by Mattel and given to
the children.
WHEREAS, Least we forget, we herein list the names of the folks that are synonymous with Candy
Cane Lane. Bradys, Borgattas, Bruemmers, Brunnenkants, Doukakis, Eyres, the Harts, Hos,
Hudspeth, Kehls, Leachs, Manumaleuna, McEwan, Mitchells, Moores, Mortesens, Odles,
Palmers, Phillips, Sanchez, Schlenderings, Steinbergs, Turnbulls, Walters, and Warwicks.
NOW, THEREFORE, on this 7`h day of December, 2010, the Mayor and Members of the City Council
of the City of El Segundo, California, proclaim the 1200 Block of Acacia Avenue as CANDY CANE
LANEfrom December 11, 2010 at 7:00 p.m., through December 23, 2010, and invite the young and young
at heart to experience the wonders of this El Segundo holiday tradition.
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WHEREAS, the goal of the El Segundo Police Department's Retired Senior Volunteer
Program ( "RSVP") is to supplement and assist both the Field Operations
and the Administrative Services Bureau in their efforts to better serve the
citizens of the City of El Segundo; and
WHEREAS, RSVP members are the "eyes and the ears" of the Police Department and, as
representatives of the City and the Police Department, must maintain an
image at all times that parallels the professionalism of the El Segundo
Police Department; and
WHEREAS, Sandy Cox has been an El Segundo Police Department RSVP since
January 29, 2001, working not only the required four hours a week, but
contributing additional hours for special events such as the El Segundo
Police Department's Open House, the El Segundo Christmas Parade and
the Richmond Street Fair. In addition, Sandy assists the Crime Prevention
Unit with many other functions; and,
WHEREAS, Sandy Cox never fails to come to work with an eagerness to help with any
request, and makes invaluable contributions to the RSVP program and to
our community with enthusiasm and support; and
WHEREAS, Sandy Cox has been selected by the City of El Segundo as the recipient of
the El Segundo Police Department's RSVP of the Year award in
recognition of the 132 plus volunteer hours she has given to the El Segundo
Police Department's Retired Senior Volunteer Program.
NOW, THEREFORE, on this 7th day of December, 2010, the Mayor and Members of the
City Council of the City of El Segundo, California, hereby commend Sandy Cox for her
invaluable contributions to the Retired Senior Volunteer Program, and invite all citizens in
recognizing her as the El Segundo Police Department's "RSVP of the Year."
C�ii
PRESENTATIONS
Proclamation proclaiming December 16, 2010 as "El Segundo Day of
Play" at Mattel.
019
EL SEGUNDO CITY COUNCIL MEETING DATE: December 7, 2010
AGENDA STATEMENT AGENDA HEADING: Special Orders of Business
AGENDA DESCRIPTION:
Consideration and possible action to adopt a resolution establishing a fine schedule for
animal control violations regulated by Title 6 of the El Segundo Municipal Code. (Fiscal
Impact: none)
RECOMMENDED COUNCIL ACTION:
1. Open a Public Hearing to consider establishing an animal control fine schedule;
2. Adopt a resolution establishing a fine schedule for animal control violations; and
3. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Exhibit A
Resolution
FISCAL IMPACT: None
Amount Budgeted: $
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY:
Bob Turnbull, Captain,
BY:
Mitch Tavera, Chief of Po
APPROVED BY:
Jack Wayt, City Manage
BACKGROUND AND DISCUSSION:
The El Segundo Animal Control Division actively enforces regulations in Title 6 of the El
Segundo Municipal Code as part of daily field operations. Violations may be filed as infractions
or misdemeanor offenses and citations are issued as a means of enforcement. Currently, there is
no fine/bail schedule on file with Inglewood Superior Court, which is the City's filing
courthouse for infraction dispositions. Staff recommends that the proposed fine schedule
(Attached as Exhibit "A ") be adopted by way of resolution, to ensure proper disposition of cases
when filed as infractions.
I
RESOLUTION NO.
A RESOLUTION ADOPTING A FINE SCHEDULE PURSUANT TO EL
SEGUNDO MUNICIPAL CODE §§ 1 -2 -1 AND 6 -1 -5 FOR INFRACTION
CITATIONS ISSUED FOR VIOLATIONS OF EL SEGUNDO
MUNICIPAL CODE TITLE 6.
The City Council of the city of EI Segundo does resolve as follows:
SECTION 1: In accordance with El Segundo Municipal Code ( "ESMC ") §§ 1 -2 -1 and 6 -1 -5, if a
public safety officer issues an infraction citation in lieu of a misdemeanor, the City Council
adopts the infraction citation fine schedule for violations for SSMC Title 6 attached as Exhibit
"A," and incorporated by reference.
SECTION 2: All previous resolutions establishing fines for infraction citations for violations of
ESMC Title 6 are superseded by this Resolution and, except as otherwise provided, therefore
repealed. Repeal of any previous resolution, however, will not affect any penalty, forfeiture, or
liability incurred before, or preclude prosecution and imposition of penalties for any violation
occurring before this Resolution's effective date. Any such repealed part will remain in full force
and effect for sustaining action or prosecuting violations occurring before the effective date of
this Resolution.
SECTION 3: This Resolution is effective immediately upon adoption.
PASSED AND ADOPTED this day of , 2010.
Eric Busch, Mayor
ATTEST:
Ci y Mort n ity 01 erk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
By: arl H. Berger, Assistant City Attorney
G"
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EXHIBIT A
FINE SCHEDULE FOR ANIMAL CONTROL INFRACTION CITATIONS
Unless otherwise provided, all violations of Title 6 to the ESMC, including, without limitation,
related to Animal Control, will have fines imposed as follows:
A fine not exceeding forty dollars ($40) for the first violation;
2. A fine not exceeding eighty dollars ($80) for a second violation of
the same provision within one year;
A fine not exceeding one hundred and sixty dollars ($160) for each
additional violation of the same provision within one year of the first violation.
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i
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
11/05/10 THROUGH 11/24/10
Date
Payee
Amount
Description
11/5/2010
Cal Pers
402,789.96
Health
11/10/2010
Health Comp
4,717.59
Weekly claims
11/10/2010
West Basin
1,381,151.04
H2O payment
11/10/2010
Employment Development
3,840.45
State Taxes
11/10/2010
Employment Development
47,951.56
State Taxes
11/10/2010
IRS
207,395.79
Federal Taxes
11/12/2010
State of CA EFT
1,253.07
Child support payment
11/12/2010
Nationwide EFT
37,633.28
EFT 457 payment
11/15/2010
UB
3,810.73
PARS payment
11/15/2010
Manufacturers & Traders
29,916.16
457 payment Vantagepoint
11/16/2010
Health Comp
1,751.04
Weekly claims
11/17/2010
Lane Donovan Golf Ptr
22,640.38
Payroll Transfer
11/18/2010
Cal Pers
293,159.43
Retirement
11/24/2010
Health Comp
1,510.46
Weekly claims
11/05- 11/24/10
Workers Comp Activity
174,829.49
SCRMA checks issued
2,614,350.43
DATE OF RATIFICATION: 12/07/10
TOTAL PAYMENTS BY WIRE: 2,614,350.43
Certified as to the accuracy of the wire transfers by:
(
Depufy City 115easurer Date
!l Z-9 10
Direct of Fina a Date
i
City Managrnacctual Dat
Information expenditures is available in the City Treasurer's Office of the City of El Segundo.
C, I
P: \City Treasurer \Wire Transfers\2010 \wire 2010 4th Qtr \Wire Transfers 11- 24.xis
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, NOVEMBER 16, 2010 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 5:00 p.m.
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tern Fisher
- Present
Council Member Brann
- Present
Council Member Fuentes
- Present
Council Member Jacobson
- Absent
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.
SPECIAL ORDER OF BUSINESS:
CLOSED SESSION:
The City Council moved 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;
as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) -1- matter
City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
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): -0- matter.
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -1- matter
Position/Title: City Manager
MINUTES OF THE REGULAR CITY COUNCIL MEETING 3
NOVEMBER 16, 2010
PAGE NO. 1
u18
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-2-
matters
Represented Group: Police Support Services Employees Association (PSSEA),
City Employees Association (CEA), Firefighters Association (FFA), Police
Managers Association (PMA), Police Officers Association (POA), Supervisory
and Professional Employees (S &P)
Negotiators: Jack Wayt, Bob Hyland and Richard Kreisler
2. Unrepresented Group: Management Confidential Group
Negotiator: Jack Wayt
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -1-
matters
City Property: 2161 El Segundo Boulevard, El Segundo (Fire Station No. 2)
City Negotiators: City Manager, Assistant City Manager
Negotiating Party: Brian A. Sweeney
Under Negotiation: Price and Terms (potential sale)
Council recessed at 6:50 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 16, 2010
PAGE NO. 2
u i j
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, NOVEMBER 16, 2010 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 7:00 p.m.
INVOCATION — James Trabilcy, Pacific Baptist Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Bill Fisher
PRESENTATIONS
a. Mayor Busch presented a Proclamation proclaiming November 22 through
December 19, 2010 as the Spark of Love Toy Drive.
b. Presentation from the Recreation & Parks Department to recognize Mattel, Inc.
the event sponsor of the 2010 Holiday Tree Lighting.
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tem Fisher
- Present
Council Member Brann
- Present
Council Member Fuentes
- Present
Council Member Jacobson
- Absent
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.
Loretta Frye, Resident; spoke about comments she had received on the Proposition 218
protest ballot.
Peggy Tyrell, Resident; spoke regarding the Proposition 218 protest ballot.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 16, 2010
PAGE NO. 3
n
u "1.±
Liz Garnholz, Resident; spoke regarding Consent Item 5, Employer's contribution to the
Public Employees Medical and Hospital Care Act; Item 6, consulting services for
development of a Request for Proposals for Residential Trash Collection; Item 9 and 10
regarding MOUs and side letters for employee bargaining units. She also spoke
regarding the Prop 218 protest ballot.
Charles Carter, Resident; spoke regarding the Proposition 218 protest ballot and the
number of units per parcel and vote.
Marc Rener, Resident; spoke regarding item number 6, consulting services; trash
hauling contract and the type of bins used; the protest ballots for Proposition 218.
Charles Slazak, Resident; spoke regarding the Proposition 218 protest ballot.
Sam Pena, Republic Services; spoke regarding the current trash hauling agreement
with his company.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MOTION by Council Member Brann, SECOND by Council Member Fuentes to read all
ordinances and resolutions on the agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER JACOBSON ABSENT
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
Consideration and possible action (Public Hearing) regarding the adoption of the
2010 California Building Code (Volumes I and II), 2010 California Fire Code,
2010 California Electrical Code, 2010 California Plumbing Code, 2010 California
Mechanical Code, 2010 California Energy Code, 2010 California Residential
Code, and 2010 California Green Building Standards Code, with amendments.
(Fiscal Impact: None)
Mayor Busch stated that this was the time and place to conduct a continued public
hearing on the Ordinances to adopt the 2010 California Building Code (Volumes I and
II), 2010 California Fire Code, 2010 California Electrical Code, 2010 California Plumbing
Code, 2010 California Mechanical Code, 2010 California Energy Code, 2010 California
Residential Code, and 2010 California Green Building Standards Code, with
amendments.
City Clerk Mortesen stated that proper notice had been given in a timely manner and
that no communications had been received in the City Clerk's Office.
Sam Lee, Building Official, gave a report.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 16, 2010
PAGE NO. 4
MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Fisher to close
the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL
MEMBER JACOBSON ABSENT
MOTION by Council Member Brann, SECONDED by Council Member Fuentes to adopt
Ordinances 1449, 1450, 1451, 1452, 1453, 1454, 1455, and 1456. MOTION PASSED
BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER JACOBSON ABSENT.
2. Consideration and possible action to adopt a resolution establishing a fee for
Tobacco Retail Licenses. (Fiscal Impact: none)
Mayor Busch stated that this was the time and place to conduct a public hearing to
adopt a resolution establishing a fee for Tobacco Retail Licenses.
City Clerk Mortesen stated that proper notice had been given in a timely manner and
that no communications had been received in the City Clerk's Office.
Mitch Tavera, Police Chief, gave a report.
Marc Rener, Resident; requested the purpose of the fee and who will be paying the fee.
MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Brann to close
the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE: 4/0. COUNCIL
MEMBER JACOBSON ABSENT.
Mark Hensley, City Attorney, read by title only:
RESOLUTION NO. 4691
A RESOLUTION ESTABLISHING FEES FOR OBTAINING A TOBACCO RETAILER
LICENSE IN ACCORDANCE WITH EL SEGUNDO MUNICIPAL CODE
CHAPTER 5 -66.
MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Fisher to adopt
Resolution No. 4691 establishing fees for obtaining a tobacco retailer license in
accordance with El Segundo Municipal Code Chapter 5 -613. MOTION PASSED BY
THE FOLLOWING VOICE VOTE AYES: BUSCH, FISHER, BRANN, NOES:
FUENTES. ABSENT: JACOBSON. 3/1/1
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 16, 2010
PAGE NO. 5
C,., el.
44
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. Approved Warrant Numbers 2579705 to 2579905 on Register No. 3 in the total
amount of $537,419.20 and Wire Transfers from 10/21/10 through 11/04/10 in
the total amount of $694,854.13. Authorized staff to release. Ratified: Payroll
and Employee Benefit checks; checks released early due to contracts or
agreement; emergency disbursements and /or adjustments; and wire transfers.
4. Approved Regular City Council Meeting Minutes of November 2, 2010.
5. PULLED FOR DISCUSSION BY COUNCIL MEMBER FUENTES
6. PULLED FOR DISCUSSION BY MAYOR BUSCH
7. Approved Change Orders in the amount of $48,994.39, and accepted the project
for the replacement of sanitary sewer mains at various locations within the
Smoky Hollow Specific Plan area of the City of El Segundo. Project No.: PW 09-
09, (Fiscal Impact: $872,430.39) Authorized the City Clerk to file a Notice of
Completion in the County Recorder's Office.
8. Adopted Resolution No. 4692 establishing policies and procedures for accepting
contributions, donations, gifts, bequests, and devices for public purposes. (Fiscal
Impact: None)
9. PULLED FOR DISCUSSION BY COUNCIL MEMBER FUENTES
10. PULLED FOR DISCUSSION BY COUNCIL MEMBER FUENTES
MOTION by Council Member Brann, SECONDED by Council Member Fuentes to
approve Consent Agenda Items 3, 4, 7, and 8. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 4/0. COUNCIL MEMBER JACOBSON ABSENT.
CALL ITEMS FROM CONSENT AGENDA
5. Consideration and possible action to adopt annual Resolutions updating the
employer's contribution under the Public Employees' Medical and Hospital Care
Act for the El Segundo Fire Fighters' Association, the El Segundo Police Officers'
Association, the El Segundo City Employees' Association, the El Segundo Police
Support Services Association, and the El Segundo Supervisory and Professional
Employees' Association. Fiscal Impact: $31,611.80.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 16, 2010
PAGE NO. 6
MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Brann to adopt
annual Resolutions updating the employer's contribution under the Public Employees'
Medical and Hospital Care Act for the El Segundo Fire Fighters' Association, Resolution
No. 4693, the El Segundo Police Officers' Association, Resolution No.4694, the El
Segundo City Employees' Association, Resolution No. 4695, the El Segundo Police
Support Services Association, Resolution No. 4696, and the El Segundo Supervisory
and Professional Employees' Association, Resolution No. 4697. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER JACOBSON ABSENT.
6. Consideration and possible action to award HF & H Consultants, LLC a
Professional Services Agreement, in a form approved by the City Attorney, for
consulting services to aid City staff in the development of a Request for
Proposals for Residential Trash Collection services, and selection and award of a
new waste hauler contract to commence in August, 2011. (Fiscal Impact:
$81,000.00)
Item continued to the December 7, 2010 meeting.
9. Approve a one -year Memorandum of Understanding (Labor Agreement) between
the City of El Segundo and California Teamsters Public, Professional and
Medical Employees Union, Local 911, Police Support Services Employees'
Bargaining Unit. (Fiscal Impact: None)
MOTION by Brann, SECONDED by Council Member Fuentes to approve a one -year
Memorandum of Understanding No. 4097 (Labor Agreement) between the City of El
Segundo and California Teamsters Public, Professional and Medical Employees Union,
Local 911, Police Support Services Employees' Bargaining Unit. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER JACOBSON ABSENT.
10. Consideration and possible action to approve Side Letter between the City of El
Segundo and the El Segundo Firefighters' Association regarding salary and
benefit concessions for FY 2009/2010 and FY 2010/2011 by the City of El
Segundo Firefighters' Association. (Fiscal Impact: Estimated savings of
$760,442 for FY 2010/2011)
MOTION by Council Member Fuentes, SECONDED by Mayor Pro Tern Fisher to
approve Side Letter No. 3928A between the City of El Segundo and the El Segundo
Firefighters' Association regarding salary and benefit concessions for FY 2009/2010
and FY 2010/2011 by the City of El Segundo Firefighters' Association. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER JACOBSON
ABSENT.
F. NEW BUSINESS
REPORTS — CITY MANAGER - None
REPORTS — CITY ATTORNEY - None
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 16, 2010
PAGE NO. 7
(.,124
REPORTS — CITY CLERK - City Clerk Mortesen reported on the initiative Petition filed
in the City Clerk's Office on November 11, 2010.
REPORTS — CITY TREASURER- Wished everyone a happy Thanksgiving.
REPORTS — CITY COUNCIL MEMBERS
Council Member Fuentes — spoke regarding the Hyperion meeting she attended.
Council Member Brann — None
Council Member Jacobson — Absent
Mayor Pro Tern Fisher — Briefly reviewed the events of the past two years and the
concessions the City has made regarding the economy, and budget saving measures.
Mayor Busch — Spoke regarding the RSI program and the reduction in the number of
homes eligible for insulation. Stated that the FAA was trying to find a solution for El
Segundo. Spoke regarding the "Salute to El Segundo" Chamber Mixer at Mattel last
month, and the citizen of the year Dr. Bill Watkins.
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.
Loretta Frye, Resident; spoke regarding lock boxes on homes for seniors, and
possibility of seniors being targeted and identified by the lock boxes; spoke regarding
communications with the council and paperless government.
Peggy Tyrell, Resident; spoke regarding the representatives from our current trash
hauler and their contract, and the use of consultant contracts.
Liz Garnholz, Resident; spoke regarding our current trash haulers, and also Fire
personnel contract and service. She also spoke about layoffs, and transferred
employees.
Marc Rener, Resident; spoke regarding the employee cutbacks and the reductions.
MEMORIALS — None
CLOSED SESSION - None
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 16, 2010
PAGE NO. 8
U�-'S
ADJOURNMENT at 9:02 pm.
Cindy Mortesen, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 16, 2010
PAGE NO. 9
()26
EL SEGUNDO CITY COUNCIL MEETING DATE: December 7, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding awarding a contract extension to The Jones Payne
Group (JPG) for Design and Testing Services related to the Residential Sound Insulation (RSI)
Program.
(Fiscal impact: $90,000 — Non - General Fund)
RECOMMENDED COUNCIL ACTION:
1. Award a contract extension to The Jones Payne Group;
2. Authorize the City Manager to execute a contract extension in a form approved by the City
Attorney; and /or
3. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Proposal submitted by The Jones Payne Group
FISCAL IMPACT: Budget Adjustment Required
Amount Budgeted: $945,220
Additional Appropriation: No
Account Number(s): 116- 400 - 0000 -6214
ORIGINATED BY: James S. O'Neill, Program Manager
5 'r6
REVIEWED BY: Greg Carpenter, Director of 'and Building Safety
APPROVED BY: Jack Wayt, City Manage
BACKGROUND AND DISCUSSION:
At its meeting on September 15, 2009, the City Council awarded a contract to The Jones Payne
Group (JPG) for Design and Testing Services related to the Residential Sound Insulation (RSI)
Program. The contract anticipated providing completed designs for 200 homes participating in
the RSI Program, however due to communications with the Federal Aviation Administration
(FAA) regarding where FAA funding can be expended, the City has only directed JPG to begin
design work for 141 homes.
The current proposal has been submitted at City staff's request, and is based on providing
architectural and engineering services to assist the City in making needed revisions to
specifications and standard details. Such revisions are needed to address repeated and
foreseeable change orders during construction that the City has experienced in recent years, and
help alleviate growing frustrations amongst general contractors bidding on RSI projects. The
changes will also enable City staff to complete revisions to designs received to date from the
City's other design consultant more effectively so that associated projects (or "Groups ") can be
advertised for construction bids in the near future.
The proposal is for The Jones Payne Group to provided the requested services on a time and
materials basis, not to exceed $90,000, and would not increase the total value of the City's
1.'27
existing contract with the Jones Payne Group. Based on its current contract design fee of $4,726
per home, allocation of $90,000 of the contract value towards these new services would reduce
the number of completed designs that could be provided under the contract by up to twenty (20).
As services are provided on a time and materials basis, if required revisions are completed
without expending the full $90,000, the unused balance would remain eligible for originally
described design services under the contract.
In early 2011, staff intends to issue a Request for Qualifications (RFQ) for future design
services. Construction related to those designs would begin in 2012.
City Council is reminded that eighty percent (80 %) of costs associated with the Residential
Sound Insulation Program are covered by federal grant funding from the Federal Aviation
Administration (FAA). This remains a funding source until those funds identified in the Grant
Implementation Plan to the City of Los Angeles are exhausted. Remaining expenses, except for
elective "Owner Upgrades" selected by property owners, are paid for by funding received as part
of the settlement agreement with the City of Los Angeles, administered by their Department of
Airports or commonly referred to as Los Angeles World Aiports (or "LAWA. ")
November 4, 2010
Mr. James O'Neill
Program Manager
City of El Segundo
Residential Sound Insulation Program
350 Main Street
El Segundo, CA 90245
RE: Fee to Revise Specifications/Details/Drawings
Residential Sound Insulation Program
Dear James,
4141 lnlaW Empire Blvd. Suite 173
Ontano. CA 91764
T 909.M ."i 1
F 909.944.2999
www.lo"*SDMQ.com
The Jones Payne Group is pleased to submit the attached Scope of Work and hourly rates to
provide architectural and engineering services to revise specifications, details and drawing
revisions to an estimated 110 homeowner document drawings for the City of El Segundo's
Residential Sound Insulation Program.
The scope of work shall be completed on a Time and Materials basis with a fee Not to Exceed
$90,000 plus reimbursables. All invoices shall be supported by spreadsheets, time cards
and/or reimbursable receipts.
Should you have any questions, please feel free to contact me.
Very Truly ours,
The s ayne Group, Inc.
T
Joe lire . A.A
Associate
cc: J. Hansen, JPg
K. Jean, JPG
J. Coolidge, JPG
Attachments:
Scope of Services
Compensation- Project Team
SCOPE OF SERVICES
The following proposed Scope of Services has been prepared for the revisons to specifications,
details and applicable /previously designed homeowner documents Services for the City of El
Segundo's Residential Sound Insulation Program. Detailed hourly fee is noted, which is not to exceed
$90,000 plus reimbursables is provided for the following service categories:
04000. Architectural & Engineering Services
Scope of work to focus of the refinement/development of program standard specifications, details and
drawing formats.
04000 - ARCHITECTURE & ENGINEERING SERVICES
TASK 04001 NOT USED
TASK 04002 NOT USED
TASK 04002A PREPARE MASTER DETAIL SET
The Consultant will review and update Construction Details for the program to cover the array of
program treatments.
TASK 04002B PREPARE MASTER SPECIFICATION SET
The Consultant will review and update Project Technical Specifications for the program to cover the
array of program treatments.
The Consultant will also review and update special provisions that will serve as supplemental
conditions to the general contract that relate specifically to RSIP Programs and the Project. These
include guidelines for work in private residences, work hours, acoustical performance goals, furniture
moving, daily clean up, etc.
TASK 04002C PREPARE MASTER DRAWING TEMPLATE
The Consultant will review and update program drawing template to cover array of program
treatments and to coordinate more effectively between specifications, details, mechanical and
electrical drawings, based on detail and specification modifications to 110 units.
END OF SECTION
f he Ion v n e ( ",�r�),a(;
ip
COMPENSATION - PROJECT TEAM
FEE # 1 - REVISE MASTER DOCUMENTS: SPECS /DETAILS /DWGS
TASK 04000 ARCHITECTURE & ENGINEERING SERVICES I Not to Exceed $90,000
Jones Payne Group
PIC Rate
$196.74/Hr
PM Rate
$116.49/Hr
CADD
$72.35/Hr
LRK Design
Mechanical Engineer
$110.00/1-1 r
Electrical Engineer
$110.00Mr
jp-The Jo (i Jones Payrti� (,fOUG) 1 0 ? 1 U Pei i o, 1
U3i
EL SEGUNDO CITY COUNCIL MEETING DATE: December 7, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a request from the Young America Parent
Committee to waive the banner fees per El Segundo Municipal Code section 8 -8 -7 D 1
(Fiscal Impact: $178.00)
RECOMMENDED COUNCIL ACTION:
1. Approve the request to waive the user fees per El Segundo Municipal Code
Section 8 -8 -7 DI.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Letter from the Young America Parent Committee requesting waiver
FISCAL IMPACT: Budget Adjustment Required
Amount Requested: $178.00 (requesting to be waived)
Additional Appropriation: No
Account Number(s):
ORIGINATED BY: Maryam M. Jonas, Principal Engineer
REVIEWED BY: Stephanie Katsouleas, Publi orks Director
APPROVED BY: Jack Wayt, City Manag 6e)
BACKGROUND AND DISCUSSION:
The City of El Segundo has been approached by Ms. Michele Leach, Young America Parent
Committee (YA), requesting a fee waiver for the use of City banner poles on Main Street in front
of the El Segundo High School. The YA banner, announcing the Young Americans Musical
Outreach Tour, January 7th thru January 10, 2011 at El Segundo High School, would be hung
starting the week of December 27.
The Young American committee offers scholarship to children who can not afford the workshop
fee. Because each dollar generated by the program is returned back into the program, the
committee is able to offer this opportunity to El Segundo students more frequently. Last year the
Young American was able to offer 20 scholarships.
Fees proposed to be waived equal $178.00 annually.
W
032
Michele Leach
Young Americans
307 E. Walnut Ave.
El Segundo, CA 90245
November 16, 2010
Dear Honorable Mayor Bush and Counsel Members:
We are thrilled to once again offer students of El Segundo Unified School District
the opportunity to participate in the Young Americans Musical Outreach Tour,
January 7th thru January 10th, 2011.
The Young Americans is a World Renowned Musical Outreach program that
holds workshops for 4th — 12th grade students that focus on vocals, dance,
musical theater, stage, sound and overall performance. The workshops begin
with 3 -days of intensive theater training and culminates in two extraordinary
performances.
As you know, this is a very special community event where over 350 students
from four different schools come together and celebrate their love for the arts.
We have over 50 local volunteers who work hard behind the scenes, donating
their time and money to provide this enriching event for the children.
Due to the construction at our high school auditorium, this year will be holding the
workshops and performances at Westchester High School, at no charge. This
generous offer from our neighbors allows us to continue to put all of the
registration money back into the program. We continue to offer scholarship to
deserving students and families of El Segundo. No child, who meets the
application deadline and requirements, will be denied acceptance due to financial
constraints.
As a non - profit organization, we are requesting the city waive the banner - hanging
fee of $178.00. This request has been gratefully granted in past years and we
would like to propose that request be considered for approval on an ongoing
basis.
Thank you for your consideration.
Michele Leach
Young Americans Committee
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: December 7, 2010
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding approval of a one -year Memorandum of Understanding
(Labor Agreement) between the City of El Segundo and the El Segundo City Employees
Association. (Fiscal Impact: Estimated Savings FY 2010/2011 of $396,259)
RECOMMENDED COUNCIL ACTION:
1. Adopt the Resolution approving the Memorandum of Understanding.
2. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution
2. Memorandum of Understanding — Exhibit "A"
FISCAL IMPACT:
Total Fiscal Impact: Estimated Savings FY 2010/2011 of $396,259
Amount Budgeted:
Additional Appropriation: None
Account Number(s):
ORIGINATED BY: Martha DijkAuman Resources Man
REVIEWED BY: Bob Hyland, Human Res9A"irector
APPROVED BY: Jack Wayt, City Manap
BACKGROUND AND DISCUSSION
Staff and representatives of the El Segundo City Employees Association met and conferred pursuant to
Sections 3500 et. seq. of the California Government Code, for the purposes of obtaining a labor agreement.
Agreement was reached on November 23, 2010.
The Agreement contains the following major provisions:
Term — October 1, 2010 — September 30, 2011
2. During the term of this Agreement, the Association agrees to have their compensation reduced by
working a 36 -hour weekly work schedule commencing with the pay period beginning January 1, 2011
and ending on October 7, 2011. This equates to one hundred sixty (160) furlough hours per each full -
time employee. Part-time members will have their hours reduced by a proportionate amount. The City
shall determine by January 15, 2011 the precise furlough- funded salary concession required based
on cost savings achieved through voluntary retirements. The City will determine how many
additional furlough hours are required to achieve the necessary cost savings.
E5
3. Modification of Article 1. 14, Layoff Procedure, to eliminate the ability for an employee to "bump"
incumbents in lower classifications within the same occupational family. A laid off employee will be
permitted to "bump" non - benefited temporary or part-time employees if the classification is in the
unit and the City determines the laid off employee is qualified for the temporary or part-time position.
Article 1.14 was further modified to include language guaranteeing no layoffs will occur during
Fiscal Year 2010/2011 unless at any time during the Fiscal Year general fund revenues fall 10%
below the adopted budget as to any quarter in the Fiscal Year.
4. Clean -up language includes the following:
a. Definition of "seniority" clarified to mean "full -time employment in any classification in the City
of El Segundo ".
b. Clarification of PERS - defined Los Angeles Region to include "Los Angeles, San Bernardino, and
Ventura Counties ".
- 2 - uJ':3
RESOLUTION NO.
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO,
CALIFORNIA AND THE EL SEGUNDO CITY EMPLOYEES
ASSOCIATION BARGAINING UNIT.
The City Council of the City of El Segundo does resolve as follows:
Section 1: 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 Bargaining Unit.
Section 2: Staff is authorized to implement all terms and conditions of the Memorandum
of Understanding between the City of El Segundo and this Bargaining Unit. A copy of the
Memorandum of Understanding is attached as Exhibit "A ".
Section 3: The City Clerk is directed to certify the adoption of this Resolution; record
this Resolution in the book of the City's original resolutions, and make a minute of this
adoption of the Resolution in the City Council's records and the minutes of this meeting.
Section 4: This Resolution will become effective immediately upon adoption and
PASSED AND ADOPTED this 7th day of December , 2010.
Eric K. Busch,
Mayor
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 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 7th day of December, 2010, and the same was so passed and adopted by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
, 2010.
Cindy Mortesen, City Clerk
of the City of El Segundo,
California
(SEAL)
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
C
Karl H. Berger
Assistant City Attorney
u';i q
MEMORANDUM OF UNDERSTANDING TO BE
DELIVERED UNDER SEPARATE COVER
u js
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF EL SEGUNDO
AND
EL SEGUNDO CITY EMPLOYEES ASSOCIATION
ARTICLE / SECTION NUMBER ............................................ ............................... PAGE
Article 1 - General Provisions
1.01
Preamble ......................................................................... ...............................
3
1.02
Conclusions and Term of Agreement ............................... ...............................
3
1.03
Implementation of Agreement .......................................... ...............................
3
1.04
Recognition ..................................................................... ...............................
4
1.05
Management Rights ........................................................ ...............................
4
1.06
Association Membership ..................................................... ..............................4
14
1.07
Organizational Security ....................................................... ..............................4
16
1.08
Savings ........................................................................... ...............................
5
1.09
No Strike ......................................................................... ...............................
5
1.10
Non - Discrimination .......................................................... ...............................
5
1.11
Steward's Time ............................................................... ...............................
6
1.12
Association Administrative Time ......................................... ..............................6
19
1.13
Grievance Procedure ...................................................... ...............................
6
1.14
Layoff Procedure ............................................................ ...............................
9
1.15
Personnel Policies .......................................................... ...............................
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 ................. .............................13
2.04
Uniform Allowance and Replacement ............................. ...............................
13
2.05
Wellness Program .......................................................... ...............................
14
2.06
Employee Group Insurance Program ............................. ...............................
14
2.07
Retirement ..................................................................... ...............................
16
2.08
Differential Pay .............................................................. ...............................
17
2.09
Computer Purchase Program ........................................ ...............................
17
2.10
Sick Leave ..................................................................... ...............................
18
2.11
Flexible Spending Account ............................................. ...............................
19
2.12
Bereavement Leave /Emergency Leave ......................... ...............................
19
2.13
Step Advancement ........................................................ ...............................
19
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 ......................................................................... ...............................
23
2.17
Life Insurance ................................................................ ...............................
23
1
2.18
Vacation ........................................................................ ...............................
24
2.19
Vacation Time Accumulation and Sale ........................... ...............................
25
2.20
Vacation Time Accrual - For Temporary Industrial Disability .........................
25
2.21
Long Term Disability Plan ............................................... ...............................
25
2.22
Direct Deposit .................................................... . ......................... I................
25
2.23
Promotional Examinations .............................................. ...............................
25
2.24
Standby Duty ................................................................. ...............................
25
2.25
Educational Incentive Pay .............................................. ...............................
26
2.26
Longevity Pay ................................ ...............................
32
2.27
Certification Pay ............................................................. ...............................
27
2.28
Class A and Class B Drivers License Pay ..................... ...............................
27
2.29
Paid Family Leave Benefits ............................................ ...............................
28
2.30
Committee to Examine LTD, Life Insurance and ADD ...... .............................28
33
Article 3 - Other Provisions
3.01
Drug Free Workplace Statement and Substance Abuse Policy ..................
28
3.02
Smoking Policy ............................................................. ...............................
28
3.03
Break Policy .................................................................. ...............................
29
3.04
Alternative Work Schedules .......................................... ...............................
29
3.05
Education Reimbursement ............................................ ...............................
29
3.06
Catastrophic Leave Bank .............................................. ...............................
30
3.07
Temporary Service in a Higher Classification .................... .............................31
3.08
Promotions .................................................................... ...............................
31
3.09
Termination Pay ............................................................ ...............................
32
3.10
Jury Duty ....................................................................... ...............................
32
3.11
Physical Examinations ................................................... ...............................
32
3.12
Joint Labor Management Team ..................................... ...............................
32
3.13
Disciplinary Action - Authority to Take ........................... ...............................
33
3.14
Street Maintenance Worker Duties ............................... ...............................
33
3.15
Library Work Schedule ................................................... ...............................
33
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
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 "Association ", 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
commence on October 1, 2010 and be effective through and including September 30,
2011.
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
Association 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.
Article 1.04 Recognition
The City hereby confirms its recognition of the Association as the exclusive
representative of employees in the general employees representation unit, and agrees
to meet and confer with the Association 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 Association 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 Service Officer 1 /I1, Supervising Dispatcher,
Communication Dispatcher 1 /11 and those classes defined as management/confidential
or supervisory/professional. This recognition of the Association shall not be subject to
challenge except as provided under the provisions of the City's Employer - Employee
Organization Relations Resolution #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 Association Membership
The City agrees to:
1. Provide official dues deductions for all employees who subscribe to
Association membership;
2. Provide official payroll deductions for approved Association insurance and
welfare plans, not to exceed five programs;
3. Provide the Association 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
4
voluntarily become members of the Association during the term of this agreement shall
remain members until the expiration of the agreement. Notwithstanding the above,
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 Association 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 Association also agrees that their members employed by the City of El Segundo
will not refuse to cross a picket line in the performance of their normal and customary
duties nor attempt 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 Association and the City recognize and agree to protect the rights of all employees
to join and /or participate in protected Association activities or to refrain from joining or
participating in protected activities in accordance with Government Code Sections 3550
and 3511.
The City and the Association 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 Association 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
5
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 Association President or his /her authorized representative from normal duties to
assist in personnel matters involving Association members.
Article 1.12 Association Administrative Time
Association officers and board members will be allowed up to a total of 72 hours as a
group per year of administrative leave to attend Association 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 Association may grieve on behalf of an individual, group of employees or the
Association 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. � - 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.
H.
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.
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.
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
1. 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 Association thirty (30) days
prior to the implementation of layoffs, to provide for adequate time to meet
and confer regarding the impact. An employee filling a full time position
shall be given fourteen (14) calendar 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. Seniority shall mean full -time
employment in any classification in the City of El Segundo.
5. Breakinq 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
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. Full -time members of the unit who are laid off will be
permitted to bump non - benefited temporary and part-time employees if a)
the classification is in the unit and b) the City determines that the laid off
employee is qualified for the temporary or part-time position. In such
cases, the full -time employee who has been laid off will assume temporary
or part-time status.
An employee who is bumped shall be laid off in the same manner as
employee whose position or classification 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
10
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.
11. The City agrees to guarantee no layoffs will occur during Fiscal Year
2010 -2011 unless at any time during the Fiscal Year general fund
revenues fall ten percent (10 %) below the adopted budget as to any
quarter in the Fiscal Year.
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 2 - SALARIES AND BENEFITS
Article 2.01 Salary Increase
Effective on September 29, 2007 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 7.75%
2. Effective the pay period including October 1, 2008 the base salary within
each step of the salary ranges shall be increased by a cost -of- living
adjustment (COLA) based on a minimum increase of 3% and a maximum
increase of 6 %. The COLA will be based on the monthly average
Consumer Price Index (CPI -U) in the Los Angeles- Riverside - Orange
11
County geographic area for the twelve month period from September,
2007 to August, 2008.
3. Effective the pay period including October 1, 2009 the base salary within
each step of the salary ranges shall be increased by a cost -of- living
adjustment (COLA) based on a minimum increase of 3% and a maximum
increase of 6 %. The COLA will be based on the average Consumer Price
Index (CPI -U) in the Los Angeles- Riverside - Orange County geographic
area for the twelve month period from September, 2008 to August, 2009.
4. Compensation Reduction — In lieu of a salary reduction, full -time
employees will have their compensation reduced by working "4/9's ", i.e. 36
hours a week, commencing with the pay period beginning January 1,
2011, and ending on October 7, 2011. Part -time members of the unit will
have their hours cut by a proportionate amount. A determination as to the
precise furlough- funded salary concession required (between 7 to 10% of
total compensation) for all bargaining units shall be determined by the City
by January 15, 2011, based on the cost savings achieved through
voluntary retirements. The City will determine how many additional hours,
up to a maximum of 48 additional hours for full -time employees, and a pro -
rata amount for part -time employees (depending on their regularly
scheduled hours), each employee must be furloughed to achieve the
necessary cost savings.
Beginning the pay period of October 8, 2011, full -time employees will
revert to a 40 hour /week schedule by working "4/10's" (four days a week
for 10 hours a day).
The applicable Department Head or his or her designee shall determine in
their discretion which days will be an employee's furlough day(s) as well
as which hours to cut from each part -time employee's schedule.
Article 2.02 Overtime /Compensatory Time
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, compensatory
time and pre- approved vacation leave as time worked. 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.
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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. Cash in of Compensatory Time — Employees may cash in accrued
compensatory time, once per calendar year, at the employee's current
base rate of pay, by notifying the payroll division of their intent to do so no
later than November 20th. Payment to the employees will be made on or
about the 10th of December.
4. 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, domestic partner 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, and personnel equipment allowance as follows:
A. Police Cadet, Crime Scene Investigator 1 /II 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.
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 Scene Investigator 1/11 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 1 /II 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
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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
Custodian
Meter Reader /Repairer
Facilities Systems Mechanic
Tree Maintenance Worker
Article 2.05 Wellness Program
Building Inspector 1 /II
Equipment Mechanic 1 /11
Maintenance Craftsworker
Senior Park Maintenance Worker
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
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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.
C. Effective January 1, 2009, and thereafter, the City's contribution
towards medical and mental health insurance will be determined by
the average of the Kaiser and Blue Shield HMO family coverage
rate (or for the average of the HMO's available to all PERS covered
employees in the Los Angeles Area Region consisting of Los
Angeles, San Bernardino and Ventura Counties). Any increase in
medical costs based on this average, above the rate in effect on
January 1, 2008 ($926.20), will be shared 50% by the City and 50%
by the employee.
D. 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
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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.
E. 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.
F. Effective October 1, 2007, the maximum future City contribution for
medical insurance, for both active employees and retirees, shall be
$1600 per month.
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'
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 $133.33 per
month. Total earnings less deferred pay equals base pay. The City
agrees to pay on behalf of the employees covered under this agreement
the member contribution on shift differential, uniform allowance and
uniform replacement when such benefits are includable as additional
compensation for PERS purposes.
2. Effective January 1, 1992 the City's contract with the California Public
Employees' Retirement System was amended to add Section 20024.2,
One -Year Final Compensation.
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3. The City has amended its contract with the Public Employees' Retirement
System (PERS) to provide eligible employees with the benefits of the 2%
at age 55 (Modified) retirement plan in accordance with Government Code
Section 21354.
4. During the term of this MOU the parties will establish a committee to
explore the feasibility of adopting the 2.7% at 55 retirement benefit. The
committee will report any findings /recommendations to the parties so that
they may use the information in time for negotiations on a successor
MOU.
5. The City will take all of the necessary administrative steps, as
expeditiously as possible, to amend the contract between the Board of
Administration, California Public Employees' Retirement System and the
City Council, City of El Segundo to provide the Section 21548, "Pre -
Retirement Optional Settlement 2 Death Benefit" for bargaining unit
members (local miscellaneous members).
Article 2.08 Differential Pay
Shift Differential — Employees shall be entitled to shift differential pay of
ninety cents ($.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
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
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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 100% 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 (100 %) 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. Upon the
recommendation of a Department Director or his /her designee the City
Manager or the Director of Human Resources 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
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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
1. 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 6 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.
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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
), 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 Human Resources 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 Human Resources 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 1,
the following classes:
Accounts Specialist 1 /II
Building Inspector 1 /11
Crime Scene Investigator 1 /11
Equipment Mechanic 1 /11
Library Clerk 1 /II
License Permit Specialist 1 /11
Office Specialist 1 /II
Park Maintenance Worker 1 /II
Public Works Inspector 1 /11
Street Maintenance Worker 1 /11
Wastewater Maintenance Worker 1 /11
Water Maintenance Worker 1 /11
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.
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
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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 and approval of
the Director of Human Resources that the employee's work performance,
skill development, and 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
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 Human Resources.
Such criteria shall be approved by the City Manager. No employee shall
be advanced from 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 II, such employee
shall be compensated at the lowest rate of compensation provided for in
the higher Level II salary range which exceeds by not less than five
percent 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.
3. Longevity Achievement on Merit - Employees to whom this Chapter
21
applies who are eligible to receive longevity pay shall receive longevity
pay based upon an overall rating of "standard" or higher as determined by
the employee's performance evaluation. If the employee fails to qualify for
longevity pay because of failure to have attained a "standard" or higher
rating, and the employee's overall performance subsequently improves to
at least a "standard" level, the longevity pay increase shall be granted
upon the issuance of a satisfactory performance report.
4. Step 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
6 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 Association.
Notwithstanding the above, an employee in a classification under Section
2 shall not be assigned a new anniversary date when he /she is advanced
from Level I to Level II in that same classification.
5. 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 1 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 Human Resources, notifies the
employee in writing no later than the end of the pay period which begins
after said employee's anniversary date that the increase should be
withheld, stating reasons. The reasons shall be provided to the employee
in writing. If the employee's performance subsequently improves to a
satisfactory level, the step increase will be granted and the date of
increase will become the employee's anniversary date.
Article 2.14 Minimum Service with City of Ell 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
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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
1. Holiday Schedule - The following Days shall be considered as holidays for
City employees:
January 1 st
The third Monday in January (Martin Luther King Jr. Day)
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
December 24th
December 25th
December 31 st
Effective January 1, 2008 the total holiday leave hours for the holidays
enumerated above and the employee's floating holiday shall be increased
from 96 to 104.
In the event any of the above Holidays falls on the first day an employee is
23
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 nine (9) hours during the period January 1,
2011 through October 7, 2011 inclusive.
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 $30,000 Life Insurance policy for each employee.
Article 2.18 Vacation
Employees shall receive either:
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.
Kil
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.
24
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 a 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 2.19, 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 Association 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 Human Resources, together with a
statement of their reasons therefore. Requests for exceptions to this direct deposit
policy shall not be unreasonably denied.
Article 2.23 Promotional Examinations
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For the purpose of interpreting Section 1 -6 -9 (B) of the El Segundo Municipal Code,
entitled "Examinations ", the City agrees that a sufficient number" shall be three (3)
eligible, quantified applicants who have indicated an interest in a particular promotion in
writing to the Director of Human Resources. Examinations may be specified by the
Personnel Officer, as promotional only, as open only, or as both open and promotional.
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
26
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.
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 Certification Pav
Employees in the following job classifications shall be entitled to certification pay of 5%
above his or her base pay for obtaining and maintaining a certification above the level
required on the City Council approved class specification:
Meter Reader /Repairer
Street Maintenance Leadworker
Tree Maintenance Worker
Wastewater Maintenance Leadworker
Wastewater Maintenance Worker II
Water Maintenance Leadworker
Water Maintenance Worker II
Eligible certification(s) will be determined by the employee's Department Director.
Article 2.28 Class A and Class B Drivers License Pay
Employees in the following job classification shall be entitled to a $75 per month stipend
for obtaining and maintaining the Class A California Drivers License required on the City
Council approved class specification:
27
Equipment Mechanic II
Fire Equipment Mechanic
Employees in the following job classifications shall be entitled to a $50 per month
stipend for obtaining and maintaining the Class B California Drivers License required on
the City Council approved class specification:
Street Maintenance Leadworker
Street Maintenance Worker II
Tree Maintenance Worker
Wastewater Maintenance Leadworker
Wastewater Maintenance Worker II
Water Maintenance Leadworker
Water Maintenance Worker II
Employees in the iob classification of Park Maintenance Worker II who voluntarily obtain
and maintain a Class B California Drivers License shall also be entitled to the $50 per
month stipend, and shall be subiect to all Department of Transportation requirements
applicable to the possession of such license.
Article 2.29 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 2.30 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.
Article 3.02 Smokinq 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.
M
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.
Article 3.05 Education Reimbursement
Reimbursement Procedures - Permanent employees may participate in
the City's Educational Reimbursement Program.
29
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.
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
30
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 1 A3 and 1 A4 is promoted to a
classification in Chapters 1A3 or 1A4 for which a higher rate of compensation is
provided, then such employee so promoted shall enter into such higher classification at
the lowest rate of compensation provided for such higher classification which exceeds
by not less than five percent the base rate of compensation, excluding special
assignment pay, received by said employee is such given classification at the time of
such promotion, unless otherwise ordered by the City Council. All supervisors shall be
paid a base rate not less than the next higher base rate than any of their subordinates.
In the event that a supervisor is paid a base rate of pay equal to or lower than one of 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
31
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
Employees shall be entitled to a leave of absence for jury duty subject to compliance
with all of the following conditions.
A. The employee must provide written notice of the expected jury duty
to his or her supervisor as soon as possible, but in no case later
than 14 days before the beginning of jury duty.
B. During the first two weeks of jury duty, an employee shall be
entitled to receive his or her regular compensation.
C. For any portion of jury duty that extends beyond the first two weeks,
such extended jury duty period shall be without regular pay.
D. Any compensation for the first two weeks of jury duty, except travel
reimbursement pay, must be deposited with the Director of Human
Resources.
E. While on jury duty, the employee must report to work during any
portion of a day that the employee is relieved of jury duty for three
or more consecutive hours.
F. The employee must provide documentation of his or her daily
attendance on jury duty.
G. However, notwithstanding Section C above, employees may
access accrued vacation leave, sick leave and compensatory time
if jury duty extends beyond two weeks.
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 Association shall create joint labor management
teams to foster improved communication and productivity.
32
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
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 /II 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.
33
APPENDIX A
BARGAINING UNIT CLASSIFICATIONS
CITY MANAGER
Community Cable Program Specialist
Computer Graphics Designer
Network Assistant
CLERICAL AND SECRETARIAL
Senior Administrative Specialist
Administrative Specialist
Administrative Technical Specialist (Public Works)
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 AND BUILDING MAINTENANCE CLASSIFICATIONS
Fire Equipment Mechanic
Equipment Mechanic II
Equipment Mechanic I
Equipment Service Worker
Facilities Systems Mechanic
Custodian
PLANNING CLASSIFICATIONS
Assistant Planner
Planning Technician
STREET MAINTENANCE CLASSIFICATIONS
Street Maintenance Leadworker
Street Maintenance Worker II
Street Maintenance Worker I
34
INATER/WASTEWATER CLASSIFICATIONS
Water Maintenance Leadworker
Meter Reader /Repairer
Water Maintenance Worker II
Water Maintenance Worker I
Wastewater Maintenance Leadworker
Wastewater Maintenance Worker II
Wastewater Maintenance Worker I
FINANCE CLASSIFICATIONS
Accounting Technician
Accounts Specialist II
Accounts Specialist I
FIRE CLASSIFICATIONS
Senior Fire Prevention Specialist
Fire Prevention Specialist
LIBRARY SERVICES CLASSIFICATIONS
Senior Library Assistant
Library Assistant
Library Clerk II
Library Clerk I
Administrative Technical Specialist — Library
RECREATION AND PARKS CLASSIFICATIONS
Recreation Coordinator
Maintenance Craftsworker
Tree Maintenance Worker
Park Maintenance Worker II
Park Maintenance Worker I
Senior Park Maintenance Worker
POLICE CLASSIFICATIONS
Crime Scene Investigator II
Crime Scene Investigator I
Police Cadet (Permanent Part -time)
35
Appendix B
HUMAN RESOURCES
DIRECTIVE TITLE: City Smoking Policy
Directive Policy /Procedure:
Date: October 5, 1994
Initiator: Bob Hyland
It is a policy of the City of El Segundo to prohibit smoking in City buildings, by the public and City
employees, and, in all areas where it is felt that smoking will significantly infringe upon the rights of others,
affecting both their health, safety and their ability to be productive.
This policy recognizes the health hazards of breathing "second hand" smoke, as reported by many
reputable researchers, including the Surgeon General of the United States.
In accordance with Chapter 6.24 (Ordinance No. 1140) of the El Segundo Municipal Code, the
following shall be strictly adhered to:
Smoking shall be prohibited in all areas of City buildings, including the City Council
Chamber, reception areas, lobbies, conference and meeting rooms, restrooms,
lounges and lunchrooms, locker rooms and computer rooms.
Smoking shall also be prohibited in any City -owned or City- operated vehicle.
All entrances to City buildings and all areas of City buildings which are regularly occupied by the
public, shall be marked with signs reading: "Thank You for Not Smoking ", "No Smoking ", or the
international sign for No Smoking. City vehicles will be similarly marked.
There shall be no ashtrays in City buildings.
Ashtrays located outside of City buildings shall be placed sufficiently away from entrances so that
second hand smoke does not enter the building.
Enforcement of the provisions of this policy will be the responsibility of the Director of Human
Resources /Risk Management, supported by City Department Heads or their designate.
Violations of the policy by City employees will result in appropriate progressive discipline.
36
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 D Department of Transportation Drug Testing Guidelines
Appendix E Catastrophic Leave Bank Policy
Appendix F Occupational Injury and Illness Policy
The parties have agreed upon an occupational injury and illness policy dated June 23,
2004.
37
For the City Employees' Association
Nick Petrevski,
President
Mike McKinley,
Vice President
Fernando Diaz,
Secretary
Kimberlee Carter,
Treasurer
illiam o a,
Ser ant- of-A__
t
Wendell Phillips,
ESCEA Union Representative
wr
Date
For the City:
Eck Wayt,
City Manager
EL SEGUNDO CITY COUNCIL MEETING DATE: December 7, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of a Resolution implementing the City's Last,
Best, and Final Offer regarding the impacts of layoff, consisting of a severance package for the laid
off employees within the City Employees Association bargaining unit. Fiscal Impact: $11,122.56.
RECOMMENDED COUNCIL ACTION:
1. Approve the attached Resolution.
2. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution Unilaterally Resolving the Meet and Confer Impasse Over Layoff Impacts
FISCAL IMPACT:
Total Fiscal Impact: $11,122.56
Amount Budgeted:
Additional Appropriation: None
Account Number(s):
ORIGINATED BY: Martha stra, Human Resources Mana er
REVIEWED BY: Bob Hyland, Human Resource rector
APPROVED BY: Jack Wayt, City Manage
BACKGROUND AND DISCUSSION
On August 10, 2010, the City of El Segundo notified the El Segundo City Employees Association (ESCEA)
that due to the City's lack of funds, the City Council found it necessary to layoff employees within their
bargaining unit. At the time, ESCEA was represented by a firm called City Employee Associates, which is
located in Long Beach and whose Principal is Robin Nahin.
On August 19, 2010, City representatives met with representatives of ESCEA, including the President of the
ESCEA, and Ms. Nahin. In that meeting, ESCEA proposed specific severance packages for the two
employees who were to be laid off.
Thereafter, on September 8, 2010, the City proposed a severance package consisting of one month of
compensation, contingent upon the affected employees signing a Separation Agreement (Waiver & Release of
Claims). Then, representatives from both sides continued to communicate on this matter, both verbally and in
writing. The City was informed that both of the affected employees intended to accept the proposed
severance package. CEA requested confirmation on behalf of one of the employees that her medical coverage
would extend through October 2010. The City confirmed the medical coverage would extend through
October inasmuch as the insurance premiums are paid in advance.
On September 21, 2010, the City informed Ms. Nahin, CEA's Principal, that the City wished to enter a side
letter agreement formalizing the agreement reached on the severance packages and to present it to the City
Council for approval at the Council meeting on October 5, 2010. Ms. Nahin requested to review the
Separation Agreements prior to the employees signing them. However, no substantive counter - proposals
were made.
Then, on the same day, the City was informed that ESCEA was conducting interviews and would possibly
change its representative. On September 23, 2010, the City received written communication from Wendell
Phillips, formerly affiliated with CEA, regarding the City's proposed severance package. The City learned
through the ESCEA Board President that Mr. Phillips, who is no longer affiliated with CEA, would be
representing ESCEA during the contract negotiations and was also asked to look into the offered severance
package.
Notwithstanding the events described above, in an e-mail dated September 23, 2010, Mr. Phillips stated that it
did not appear to him that layoff impact negotiations had taken place and/or not resulted in any agreements.
He then proposed a severance package of up to six months of pay if the affected employees signed separation
agreements.
Still, the City continued receiving e-mail communications from CEA representatives as late as September 29,
2010. In their last e-mail to the City dated September 29, 2010, CEA requested two modifications to the
Separation Agreement, but did not make any proposal regarding the amount of severance pay. One of the
employees even submitted her written acceptance of the City's severance proposal on September 29, 2010.
Nevertheless, Mr. Phillips has continued to assert that no agreement has been reached. Therefore, during
contract negotiations on October 11, 2010, the City presented ESCEA and Mr. Phillips with a Last, Best, and
Final Offer stating that the City would provide payment equal to one month of compensation if the affected
employees would execute a separation agreement, a copy of which was attached to the Last, Best and Final
Offer. ESCEA representatives nor Mr. Phillips would accept or reject the Last, Best, and Final Offer, either at
the October 11, 2010 meeting or in subsequent correspondence. Therefore, City representatives declared an
impasse and informed ESCEA via Mr. Phillips that the matter would be presented to the City Council for
resolution. City representatives informed the ESCEA that a recommendation would be made that the City
Council implement the terms of the City's Last, Best, and Final Offer.
-2- U"iU
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO UNILATERALLY RESOLVING THE MEET
AND CONFER IMPASSE OVER LAYOFF IMPACTS
BETWEEN REPRESENTATIVES OF THE CITY OF EL
SEGUNDO AND THE CITY EMPLOYEES ASSOCIATION,
A RECOGNIZED EMPLOYEE ORGANIZATION
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 sections 3500 through 3511 (hereinafter the Myers -
Milias -Brown Act or "the Act ") provides in pertinent part that
representatives of the governing body of the City of El Segundo shall meet
and confer in good faith with representatives of a recognized employee
organization regarding proposed changes in wages, hours and other
terms and conditions of employment and shall consider fully such
presentations as are made by the employee organization on behalf of its
members prior to the City arriving at a determination of policy or course of
action; and,
B. The City Employees Association is an employee organization recognized
by the City to represent a unit consisting of job classifications, including
Community Cable Program Specialist and Crime Scene Investigator I;
and,
C. The City has exercised its management right to layoff the Community
Cable Program Specialist and Crime Scene Investigator I; and,
D. Representatives of the City and the City Employees Association have met
and conferred and failed to reach a written agreement regarding impacts
of said layoff; and,
E. The parties have not agreed to submit the failure to agree to mediation.
NOW, THEREFORE, the City Council of the City of El Segundo does hereby
resolve the parties' failure to agree upon a memorandum of understanding over impacts
of the layoff, as follows:
SECTION 2: The City shall pay the laid off employees in the Community Cable
Program Specialist and Crime Scene Investigator I classifications an amount equal to
one month of compensation if the employees elect to enter a severance agreement as
presented to them by the Human Resources Director releasing the City from liability.
u4
SECTION 3: This Resolution in the book of the City's original resolutions; and make a
minute of the adoption of the Resolution in the City Council's records and the minutes of
this meeting.
SECTION 4: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
PASSED AND APPROVED this 7th day of December, 2010.
ATTEST:
Cindy Mortesen,
City Clerk
APPROVED AS'
Mark D. Hensle,�,
Karl H: Berger
Assistant City tt rney
Eric Busch, Mayor
2
i742
EL SEGUNDO CITY COUNCIL MEETING DATE: December 7, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to grant W.E. Construction, Inc. and Delmac
Construction & Development, Inc. requests to withdraw their bids because of mathematical
mistakes in accordance with Public Contract Code Section 5101 and award a standard
public works contract to EMAE International, Inc. for the construction of a new Beach
Bathroom Facility and Lifeguard Station at El Segundo Beach; consideration and
possible action to award a professional services agreement to Rubio Medina (RM) to
provide construction management services for the El Segundo beach facility.
Project No.: PW 10 -09 (Fiscal Impact: $1,296,400.00)
RECOMMENDED COUNCIL ACTION:
1. Grant W.E. Construction, Inc. and Delmac requests to withdraw their bids
because of mathematical mistakes in accordance with Public Contract Code
Section 5 10 1.
2. Authorize the City Manager to execute a standard public works contract in a
form as approved by the City Attorney to EMAE International, Inc. in the amount
of $1,111,000.00.
3. Authorize a construction contingency in the amount of $100,000.00 for unforseen
additional work.
4. Authorize the City Manager to execute a professional services agreement in the
amount of $86,400.00 with Rubio Medina to provide construction management
services.
5. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
RM Scope of Services
FISCAL IMPACT: Included in Adopted Budget
Amount Requested: $1,296,400.00
Additional Appropriation: No
Account Number(s): 301 -400- 8202 -8969
ORIGINATED BY: Maryam M. Jonas, Principal Engineer "67 4'Ll
REVIEWED BY: Stephanie Katsouleas, Public orks Director
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
E93
��43
On September 7, 2010, the City Council authorized staff to advertise for the construction of a
new beach facility which includes a lifeguard station with storage, public bathrooms, a rinse
station and a drinking fountain at El Segundo Beach.
On November 2, 2010, the City Clerk received and opened ten (10) bids as follows:
1. W.E. Construction, Inc.
2. Delmac, Inc.
3. EMAE International, Inc.
4. Horizons Construction Co. Int'l, Inc.
5. MG Enterprises Inc.
6. S.H.E. Engineering & Construction
Group, Inc.
7. H.A. Nichols Co., Inc.
8, G Coast Construction, Inc.
9. AVI -CON, Inc.
10. Acon Development, Inc., Inc.
Construction
$ 775,000.00
$ 899,000.00
$1,111,000.00
$1,147,000.00
$1,189,000.00
$1,213,000.00
$1,247,000.00
$1,258,000.00
$1,277,000.00
$1,358,000.00
Shortly after the public bid opening on November 2, 2010, W.E. Construction, Inc. and Delmac
Construction & Development, Inc. requested that they be relieved from their bid citing that there
was a mathematical error in calculating their bids. Staff notified the third lowest responsible
bidder, EMAE International, Inc. They were in agreement to perform the work and honor their
bid amount of $1,111,000. EMAE International, Inc. references were verified to confirm their
successful experience with similar projects. Staff recommends awarding the contract to the
lowest responsible bidder, EMAE International, Inc., for $1,110,000.00.
Construction Manap-ement Services
Rubio Medina (RM) has considerable experience with design and managing construction
projects with references that are consistently positive. The attached proposal focuses on services
that will be provided by Mr. Medina. It should be mentioned that Rubio was the RRM design
architect for the design of the lifeguard station as well as the newly constructed Fire Station 2
making him very familiar with the project. Staff recommends that the City retain the services of
Rubio Median for the construction management and inspection services.
Fiscal Impact
The total amount of $1,296,400.00 requested includes the construction contract amount, an
additional $100,000.00 for contingencies and $86,400.00 for construction management services.
The funds are provided through a $1.7 million grant from Los Angeles County Supervisor Don
Knabe's office to construct a new beach bathroom facility and lifeguard station at El Segundo
Beach. Chevron is committed to provide water and power connections to the facility.
4 4
EL SEGUNDO BEACH LIFEGUARD SCOPE AND FEE PROPOSAL
PROJECT UNDERSTANDING
City is to bid and construct a new lifeguard facility at their local beach. The project consists of a
new lifeguard lookout, storage for lifeguards and junior lifeguards and public facilities and
showers. Moderate site improvements are anticipated The project is being developed on leased
land from Chevron and security is a concern of Chevron.
Construction schedule is to be 130 working days.
EL SEGUNDO BEACH LIFEGUARD FACILITY CONSTRUCTION MANAGEMENT
Task A: Construction Management
During the course of construction the Architect will serve as the City of El Segundo's say day to
day field representative and act as liaison between the General Contractor, the Architect of
Record and the City of El Segundo. Services to include:
• Review the Contractor's detailed construction schedule
• Review the Contractor's detailed schedule of values
• Review Contractor's monthly progress payments and make recommendations to City
• Receive Contractor's submittals and shop drawings and coordinate review with the
Architect of Record
• Monitor and report contractor's daily progress
• Coordinate and monitor utility relocations
• Provide quality assurance services
• Prepare daily diaries, reports and records
• Prepare weekly and monthly progress reports
• Prepare and update RFI, CCO and submittal logs
• Review Contractor extra work bills
• Review Contractor prepared change order requests
• Coordinate special inspection, testing; review findings and review work with Contractor
• Coordinate punch list items with Architect of Record
• Coordinate RFI responses with Architect of Record
• Conduct and prepare meeting minutes for weekly construction meetings, pre- construction
meeting, and job coordination meetings
• Arrange final visit of job site for release of facilities
• Provide electronic documentation of construction correspondence, photos and logs
EXCLUSIONS
• Special Inspection and Testing Services
• Work on Saturday's and Sunday's
i,45
EL SEGUNDO BEACH LIFEGUARD SCOPE AND FEE PROPOSAL
FEE SCHEDULE
EL SEGUNDO BEACH LIFEGUARD CONSTRUCTION ADMINISTRATION
Task A Construction Management $ 86,400
GRAND TOTAL ALL SERVICES: $ 86,400
City of El Segundo to provide overnight, reproduction and copying services in addition to
providing camera for use in documenting construction progress.
Tasks to be billed on a time and materials basis at $75.00 per hour.
i_46
EL SEGUNDO CITY COUNCIL
MEETING DATE: December 7, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to award HF & H Consultants, LLC a Professional
Services Agreement for consulting services to aid City staff in the development of a
Request for Proposals for Residential Trash Collection services and selection and award
of a new waste hauler contract to commence in August, 2011. (Fiscal Impact:
$81,000.00)
RECOMMENDED COUNCIL ACTION:
Approve a Professional Services Agreement to HF & H Consultants, LLC in a form
approved by the City Attorney to aid City staff in all steps necessary to secure a new
residential trash collection services contractor.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Scope of Work
FISCAL IMPACT: Budget Adjustment Required
Amount Budgeted: $0
Additional Appropriation: Yes $81,000.00
Account Number(s): 001- 4004206 -6206
ORIGINATED BY: Stephanie Katsouleas, Director of Public Works
REVIEWED BY: Stephanie Katosuleas, Direc;p;�of Public Works
APPROVED BY: Jack Wayt, City
BACKGROUND AND DISCUSSION:
On July 31, 2011, the City's contract with Consolidated Disposal Services will expire. In
preparation of securing a new residential trash collection contract, City staff recommends that a
professional consultant be retained to assist city staff through the entire trash collection services
process. Consultant assistance would include : 1) assessing the value and implementation of new
trash collection services, 2) developing a Request for Proposals, 3) analyzing bids received and
4) negotiating with waste haulers. Staff anticipates that the cost of this service will be fully
reimbursed by the waste hauling contractor ultimately awarded the contract in mid -2011 as part
of the conditions for accepting the contract.
Staff solicited proposals from seven consultants, of which two responded (HF & H Consultants
and R3 Consulting Group, Inc.). The submittals were reviewed by the Trash Subcommittee and
HF & H was ultimately determined to be the most qualified responder. The complete scope of
work to be performed is attached, and includes assisting in: 1) development and release of the
trash hauling Request for Proposals, 2) development of the Agreement, 3) establishing rating
criteria, 4) providing support to city staff throughout the evaluation and selection process, 5)
negotiating with the final successful bidder(s) and 6) preparing the final scope of work.
L� � i
City of EI Sasundo Section 4: 5p of Services and Schedule
Proposal to Provide Solid Waste Contracting Assistance
SECTION 4: SCOPE OF SERVICES AND SCHEDULE
HF &H offers the City full service competitive procurement assistance, as described in the work
plan below. One key to a successful contracting experience is effective management of the
public process. Each of HF &H's clients have different service and contract needs, which we
work with each city to address. All of our clients have the same desire for a smooth process,
which we offer through our program outlined below.
TASK 1: Assist in Development of RFP Scope, Meet with Trash Subcommittee
Kickoff meeting — We understand that there is already a Subcommittee meeting scheduled in
December. In preparation for this meeting, we will:
• Review the existing solid waste collection franchise agreement and the City's solid waste and
recycling ordinances to gain an understanding of the City's existing solid waste programs and
service arrangements.
• Review current service arrangements and issues, noting collection issues unique to your City,
such as difficult -to- service areas due to terrain and space constraints.
• Prepare for and conduct a meeting to discuss key issues relating to the procurement of a new
franchise agreement, and confirm the detailed schedule for the procurement process.
• Provide a meeting document, detailing current service terms and proposed changes to
residential collection services and contact terms. This comparison facilitates an informed
discussion and decision- making process.
We anticipated discussing issues with City staff prior to this meeting during the preparation of
the meeting document. We will meet with the Subcommittee and/or City staff up to three times
in addition to this project kickoff meeting to determine the contract scope and terms. The City
may desire to conduct some of these meetings as conference calls if the abbreviated process
schedule limits meeting options.
Analysis of Benefits and drawbacks - We will provide the City with clear, realistic
expectations for each of the proposed service and contract changes. Our extensive experience in
not only solid waste contracting, but auditing haulers and contract compliance, provides us with
knowledge of challenges, costs and other concerns associated with solid waste services and
contract terms. Our recent contracting experience in the South Bay geographic area allows us to
provide expertise specific to your City's needs.
Communications during the RFP process — Controlling communication between proposers,
their agents, and the City is critical to the integrity of the process. Cities prefer different levels of
October 29, 2010 Page 6 HF &H Consultants, LLC
;4s
Clty of El Segundo _ Section 4: Scope of Services and Schedule
Proposal to Provide Solid Waste Contracting Assistance
access to City staff and the City Council during the process. We will design communication
guidelines based upon the City's preferences.
Document recommended options for inclusion in RFP and agreement - Based on our
discussions with City staff and the Subcommittee, we will prepare a Project Plan that documents
the project background, key issues, existing and alternative solid waste and recycling services,
and schedule. We will provide a copy of the Project Plan to the City and use it as a tool to
manage the procurement process.
Gather and review operating data - We will collect any data available regarding the current
services provided and prepare data collection forms to assist the City and/or hauler in providing
additional information in a user - friendly format. In our experience, when proposers are confident
about the accuracy of operating data contained in the RFP, they propose lower rates and include
fewer contingency costs. We analyze this data for reasonableness.
Evaluation criteria - The specific criteria for which we evaluate the complete proposals will be
developed using input received from City staff and the Trash Subcommittee. Based on our
experience in other cities, we anticipate evaluating the proposals based on the following criteria:
• Experience of the proposers in providing the requested services in other jurisdictions, based
on information contained in their proposals;
• Exceptions taken to the terms and conditions of the draft agreement;
• Proposed total compensation (rate revenue) over the term of the agreement, based on the
rates included in the financial section of the proposal;
• Financial resources of the proposers, based on information in their proposals; and,
• Unique proposal features that exceed the RFP's minimum requirements.
Suitable waste haulers — Having conducted the recent RFP processes in the area, we are very
familiar with haulers that are actively pursuing contracts in the region, and what their abilities
and shortcomings are. We will identify for the City the likely candidates, as well as additional
potential proposers, to whom the City may also wish to distribute this RFP. Due to number of
recent RFP processes in the area, many regional haulers may be committed to other service
rollouts near August 1, 2011, We will seek to ensure that we market the RFP to a sufficient
number of quality haulers to overcome this possible challenge. HF &H has a track record of
obtaining numerous quality proposals in challenging processes, such as the City of El Centro, a
remote city in Imperial County with one primary hauler in the region, and the City of Rancho
Palos Verdes where a previous RFP attempt by another consultant failed due to lack of
proposals.
October 29, 2010 Page 7 HF&H Consultants, LLC
t� J
City of El Segundo Section 4: Scope of Services and Schedule
Proposal to Provide Solid Waste Contracting Assistance
Schedule - The City requests that the new contract begin as of August 1, 2011. We have
completed contracting processes under abbreviated schedules and will commit to the City's
proposed timeline. To meet this schedule, when HF &H meets with the Trash Subcommittee in
December, we need to receive clear direction on desired service modifications. An ideal
procurement schedule would extend for 18 months, to provide the City with sufficient time to
consider the various service changes and for the hauler to order equipment and provide for a
smooth transition. The City might consider obtaining a short -term contract extension from the
current hauler to allow for additional time and to increase proposer interest.
Table 3: Comaetitive Procurement Schedule
October 29, 2010 Page 8 HF &H Consultants, LLC
i i50
1. Select Consultant
City
November 16, 2010
2. Review existing documents, identify key service issues
and meet with City Staff/Trash Committee
HF &H
December 2010
3. Define scope of services, gather operating data and
tour collection area
HF &H
December 2011
4. Review Hauler Operating Data
HF&H
January 2011
5. Prepare preliminary RFP and draft agreement
HF &H
January 2010
6. Seek input from City staff and City Attorney
All
February 2011
7. Prepare revised RFP and draft agreement
HF&H
February 2011
8. Present RFP package to Council for approval, and
distribute to proposers
City
February 2011
9. Conduct pre - proposal conference
City, HF &H
March 2011
10. Deadline for submission of RFP questions
Proposers
March 2011
11. Prepare addenda
HF &H
March 2011
12. Submit proposals
Proposers
March 2011
13. Evaluate proposals
City, HF &H
April 2010
14. Contact references and finalize evaluation
HF&H
April 2010
15. Select contractor(s) for negotiations
City
May 2010
16. Conduct negotiations and resolve exceptions to
agreement
HF &H/City/
Proposer
May 2010
17. Present negotiated agreement to Council for approval
Council
May 2010
18. Order equipment
Contractor
May 2010
19. Outreach Campaign - Prepare and distribute
educational materials, conduct informational meetings
and prepare for transition
Contractor
June - July 2011
20. Initiate rollout of new service
Contractor
August 1, 2011
October 29, 2010 Page 8 HF &H Consultants, LLC
i i50
City of El Segundo Section 4: Scope of Services and Schedule
Proposal to Provide Solid Waste Contracting Assistance
TASK 2: Prepare and Issue Request for Proposals and Agreement and Related
Documents
PPreasre draft RFP and agreement - Based on the information and direction received in Task 1,
we will prepare the draft RFP, agreement, and criteria to be used in evaluating the proposals
received. All items requested by the City for inclusion in the solid waste RFP are standard in our
documents. In addition to a summary of the contract scope, we also attach a draft of the
agreement so that the proposers are aware of expectations in full detail, and there is little, if
anything, left to negotiate when the successful hauler is selected.
Revise RFP and agreement once, gfter review by the City Attorney. other City staff and
potential proposers - We will submit the draft RFP and agreement to City staff, Trash
Subcommittee, and the City Attorney for review. If the City obtains a contract extension, then we
also recommend circulating the agreement to potential proposers for comment. After parties have
reviewed the documents and provided us with their written comments, we will confer with City
staff and make appropriate revisions once to these documents.
Attend Council meeting to approve RFP package - HF &H will attend one City Council
meeting at which the City Council will approve the RFP and draft agreement.
TASK 3: Provide Support to City Staff During the RFP Response Period
Prepare for and attgnd proposers' coa terence - With City staff coordination, we will schedule
a proposers' conference to be conducted shortly after release of the RFP. Potential proposers
will have an opportunity to receive clarification of any issues and ask questions at this
conference. We will also accept written requests for clarification, until a set deadline.
Prepare and distribute addenda - We will prepare written responses to questions posed at the
proposers' conference, or submitted in writing, and prepare any necessary addenda arising from
issues posed at the proposers' conference. All questions and responses shall be made available
to all proposers in attendance at the conference. We will maintain a database of e-mail addresses,
and e-mail addenda to interested parties.
TASK 4: Provide Support to City Staff During the Proposal Review Period
Review proposals for completeness - We will perform an initial review of each proposal
submitted for compliance with the City's RFP requirements and disregard substantially
incomplete proposals.
spare follgw -up questions for proposers for clarification of probosals - We will provide
each proposer with our summary evaluation of the company's individual proposal in order to
confirm our understanding of the information presented in the proposal, and to instruct them to
clarify any ambiguities or unusual assumptions.
October 29, 2010 Page 9 HF &H Consultants, LLC
City of El Segundo _ Section 4: Scope of Services and Schedule
Proposal to Provide Solid Waste Contracting Assistance
Prepare evaluation report - All proposals receive a preliminary evaluation and technical
review, as described above. A detailed evaluation is performed of the one or two proposals that
appear to offer the most value for the services and costs proposed. We will review the overall
reasonableness of the operational and financial assumptions contained in the technical section of
the proposals selected for detailed evaluation.
Distribute drab evaluation - We will distribute eight copies of the draft evaluation packets to
the City in a manner requested by the City. We recommend that the City request the proposers to
submit the number of proposal copies needed, as these proposals often include sample items that
are not easily copied. The remaining items in the evaluation packet may then be e- mailed, saving
time.
Meeting to discuss draft evaluation -- We recommend meeting with City staff and the
Subcommittee to discuss our preliminary evaluation and the next steps in the evaluation process,
such as selecting the proposers to be interviewed. We recommend a conference call to
accommodate the abbreviated schedule.
Interview proposers - Along with the City's evaluation team, we will interview selected
proposers, scheduling all interviews on one day.
Contact references for recommended proposer - We will contact references provided for the
proposer to be recommended to the City Council for award of the agreement. We will summarize
the results of the reference checks within the evaluation report.
TASK 5: Prepare Final Scope of Work to be Inserted into the Agreement
FaEacloate in negotiating session - HF &H will participate in a negotiation session with one or
more haulers. Based on our prior experience, final negotiations can usually be completed during
one session per proposer, and the fee estimate includes costs for one session with one proposer.
However, the City may prefer to negotiate with multiple proposers, as multiple proposals may
appear attractive prior to finalizing the agreement(s). Proposers are most cooperative when they
are still in competition. We would then assist the City's evaluation team in its determination of a
final selection.
Prepare revised portions of agreement - Based upon the negotiations, we will make one set of
revisions to the final agreement negotiated with each proposer and ask each proposer to sign the
agreement. The City can then make a decision based on clearly defined contract terms, as
opposed to general promises often made in proposals and during negotiations. Also, at award,
neither the successful not the unsuccessful proposers can debate what was or was not the final
offer to the City.
City Council meetings - Attend two City Council meetings for approval of final agreement.
October 29, 2010 Page 10 HF &H Consultants, LLC
r.
t_ 4.
EL SEGUNDO CITY COUNCIL MEETING DATE: December 7, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to receive and file the supplemental notice that was
mailed to property owners and renters regarding the City's Proposition 218 protest ballots
process to potentially impose solid waste ( "trash ") fees and announce that the public
hearing before the City Council on this matter has been continued from December 21,
2010, to January 18, 2011. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Receive and file supplemental notice that was mailed to property owners and renters
regarding the City's Proposition 218 protest ballots process to potentially impose solid
waste ( "trash ") fees and announce that the public hearing before the City Council on
this matter has been continued to January 18, 2011.
2. Alternatively, take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Supplement Public Notice (Postcard)
FISCAL IMPACT: None
Amount Budgeted: $
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Stephanie Katsouleas, Public Works Directo
REVIEWED BY: Mark Hensley, City Attorney
APPROVED BY: Jack Wayt, City Manager/
BACKGROUND AND DISCUSSION:
Subsequent to the mailing of the notice to property owners and residents regarding the potential
of imposing trash fees on residential properties, the staff notice two issues that it believed should
be clarified or corrected. Accordingly, staff sent out the attached postcard which clarifies that:
(1) the proposed fee for trash service is a monthly fee; and (2) the proposed fee is only applicable
to one or two unit residential properties. Given that there is the potential that a resident could
bring a legal challenge on the basis that the original notice contained errors and omissions, staff
sent out the supplement notice correcting these issues.
The staff report at the October 5, 2010 City Council Meeting (when the original Proposition 218
notice was approved by Council) clearly stated a number of times that the proposed fee was a
monthly fee. However, the notice sent to the resident did not contain such verbiage.
10
o 50"
Likewise, staff discovered after the original notice was approved that including properties with
up to 4 units as part of protest process was not consistent with the City's Municipal Code.
Section 5 -2 -2 of the Municipal Code only grants the City the legal right to require that residential
properties with one or two unit utilize City trash hauling services. Based upon this Municipal
Code Section, the City cannot legally require that properties with more than two units accept
trash service from the City or from a waste hauling firm hired by the City. It appears that many
property owners having more than two units on their properties have utilized the City's current
hauler because the service is currently provided at no charge pursuant to the existing hauling
agreement. The Clerk's Office has, to date, been unable to find any documents that detail why
the City has been providing trash service to residential properties with more than two units. The
City's current agreement with its hauler (which includes service for properties with more than
two units) expires on July 31, 2011. As part of the process of soliciting proposals for a new
agreement, the Council will need to decide whether it wants to continue to provide free trash
collection services to properties with more than two units.
Proposition 218 requires that those eligible to file protest must be provided with 45 days notice
of their right to protest before the public hearing is conducted. Since the original notice was
potentially defective, the supplemental notice provides for an additional 45 day period before the
public hearing is conducted. The public hearing was scheduled for December 21, 2010 and has
now been rescheduled for January 18, 2011.
As of November 30, 2010, the City Clerk's Office had received 1490 protest ballots. It is not
known at this time how many of these protest ballots are valid as some may be duplicative (only
one ballot per property is counted) or may not be filled out correctly. If more than 1439 valid
protests are received, the Council will not be able to impose a trash fee at this time.
� A
Dear Resident /Property Owner,
Please take note of the following corrections regarding the Residential Trash
Collection Fee ballot materials recently mailed to you by the City of El Segundo.
1. The proposed fees are for MONTHLY service, as follows:
Proposed
Flat Rate 35- Gallon
Container
64- Gallon
Container
96- Gallon
Container
January 1 —July 31, 2011
$10.44
August 1, 2011— December 31, 2015
$12.00
$16.00
$20.00
Each Additional Cart
$4.00
2. The Residential Trash Collection Fee protest ballot process applies only to one
and two (1 -2) and does not include three and four (3 -4) unit properties.
3. A new public hearing date has been set for Tuesday, January 18, 2011
at 7:00 p.m. in the Council Chambers, located at 350 Main Street, El
Segundo, CA 90245. If you have not already submitted a protest ballot, your
protest ballot must be submitted to the City Clerk before the close of the
public hearing on January 18, 2011, or it will not be counted.
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EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: December 7, 2010
AGENDA HEADING: New Business
Introduction of an Ordinance of the City Council amending Title 6 of the El Segundo
Municipal Code in its entirety regarding Animal Control. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
Introduce the Ordinance and waive first reading. Second reading and adoption would
occur on December 21, 2010.
ATTACHED SUPPORTING DOCUMENTS:
Draft Ordinance; redlined version
FISCAL IMPACT: None
Amount Budgeted: $
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Bob Turnbull, Captain
REVIEWED BY: Mitch Tavera, Chief of Polio
APPROVED BY: Jack Wayt, City
BACKGROUND AND DISCUSSION:
The proposed ordinance revises Title 6 of the El Segundo Municipal Code ( "ESMC ") in a
number of ways. In addition to reformatting the chapters, proposed changes provide animal
control personnel greater flexibility in handling licensing/impounding animals, and modify
current procedures regarding the hearing process for potentially dangerous or vicious dogs.
Currently, the Title states, Animal Control Officers "will," capture and impound dogs located
within the city that do not display a valid license tag. This greatly limits the flexibility and
discretion Animal Control Officers (ACO's) have when attempting to mitigate licensing issues
with pet owners. Seizing pets from some owners can cause stress out of proportion to the
violation. It is proposed "may" be substituted where appropriate within Title 6 of the code.
It is also proposed the hearing process for potentially dangerous or vicious dogs be modified to
more clearly describe procedures for the director (Chief of Police). These modifications
safeguard the procedural rights of pet owners and align this code with state law.
1 1
ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 6-
2-13, 6 -3 -2, 6 -3 -3, 6 -3 -6, 6 -5 -5 AND 6 -5 -6 REGARDING THE
REGULATION OF ANIMALS WITHIN THE CITY'S JURISDICTION.
The Council of the City of El Segundo does ordain as follows:
SECTION 1: El Segundo Municipal Code ( "ESMC ") § 6 -2 -13 is amended to read as follows:
"6 -2 -13: CRITERIA FOR APPROVAL: The director will —may issue or renew
the permit if:
A. Issuing a permit will not adversely affect the public peace, health or safety;
B. Keeping of the animal will not violate any applicable laws; and
C. That the facilities for keeping such animals are humane and adequate under the
circumstances as to noise, security and sanitation."
SECTION 2: ESMC § 6 -3 -2 is amended to read as follows:
"6 -3 -2: LICENSE TAGS:
A. Contents: Each year the city will procure a sufficient number of suitable metallic
license tags to meet the requirements of this chapter_, number-ed ffem one tip
eenseeutively, eaMiieh tagswill be stamped the date of their- expiration and the
lieense number, and will issue the same to the direeter- in eeaseeutive or-def as
may ber-equiFed.
B. Duplicate: The city council will by resolution establish a fee for issuing a license
and metallic tag to replace a lost license or tag.
C. Affixing To Dog Collar: The owner of any dog upon which the license fee has
been paid will securely fasten the metallic license tag upon a suitable collar and
securely fasten the collar with the tag attached thereto upon the dog. A dog
harness or other device may be substituted in lieu of the collar, if so desired._
SECTION 3: ESMC § 6 -3 -3 is amended to read as follows:
"6 -3 -3: RECEIPT BLANKSLICENSE APPLICATION /RENEWAL: The city will
print a sufficient number of r eeipt "'^nLs Lapulications to meet the requirements of this
chapter. The feeeipt blare s a2plications will provide for the description of the dog for
which the license fee is paid; the number- of the metallie license tag whieh has t� °~
issued fef th° og and also -the name and address of the owner of the dog. The receipts
Page 1 of 7
[P: \SUPER\AGENDASTSMC Animal Control - Complete Update 2010.doem
•',
will also designate the rabies vaccination date and tag "'•"' and the sex of the dog for
which the license fee has been paid."
SECTION 4: ESMC § 6 -3 -6 is amended to read as follows:
"6 -3 -6: RABIES CONTROL:
A. Vaccination Required; Exception: Every dog in the city over the age of four (4)
months must be vaccinated against rabies
B. Revaccination:
1. Every person keeping, harboring or having a dog in the city that has been
vaccinated with chick embryo vaccine will cause the dog to be
revaccinated within a period of not more than two (2) years after the prior
vaccination.
2. Every person keeping, harboring or having a dog in the city which has
been vaccinated with tissue phenolized vaccine will cause the dog to be
revaccinated with rabies vaccine within a period of not more than one year
after the prior vaccination.
C. Vaccination Certificate Issuance: Every person practicing veterinary medicine in
the city who vaccinates a dog with rabies vaccine will issue to the person keeping,
harboring or having the dog a certificate, which is signed by the veterinarian and
which states thereon the name and description of the dog, the date of the
vaccination and the type of vaccine used.
D. Certificate And T°°, Exhibition: Every person applying for a dog license will
exhibit a e°i4ifie •° an abies vaccination tag- certiticate issued by a person
licensed by the state or any other state or nation to practice veterinary medicine,
which certificate will show that the dog for which the license will be issued either:
Was vaccinated in accordance with this chapter; or
2. Should not be vaccinated with rabies vaccine by reason of age, infirmity
or other disability, which disability is shown on the face of the certificate
and to the satisfaction of the person issuing the license to be in effect at
the time."
SECTION 5: ESMC § 6 -5 -5 is amended to read as follows:
"6 -5 -5: IMPOUNDMENT OF DOG WITHOUT TAG.
A. The director nlay capture and impound any dog found within the city limits
that is not wearing a valid license tag and rabies tag conforming to the provisions
Page 2 of 7
[P: \SUPER\AGENDAS\ESMC Animal Control - Complete Update 2010.doem
x.-59
of this chapter.
B. The director may enter private property in accordance with applicable law to
examine or capture any dog suspected of being in violation of the provisions of
this code or is suspected of being rabid or infected with rabies."
SECTION 6: ESMC § 6 -5 -6 is amended to read as follows:
"6 -5 -6: DANGEROUS DOGS; IMPOUNDMENT; HEARING:
A F" ""T 0f Opinion; Impoundment: Whenever any dog is, in the written opinion of
the director, vicious, dangerous, potentially dangerous or apt to bite or injure any
person, and is kept in such manner as to constitute an apparent menace to any
person, the dog may be immediately impounded by the director.
Netiee of i,.,,.,,,undment Opinion, 14ea fing: As seen as reasonably possible after- the dog
impounded, the eA%ef of the dog, e. the per-son har-bering the dog, oF the per-son to whem the
lieense fef the dog was issued, er- any per-son whose nafae appeafs ther-ein, will be netified, either-
personally of by Fflail addressed to the persen, at the address sheA% in the heense, of the faet e
the impokinding md thm the per-son or- any per-son intefested may appear at a hearing before the
direeter-, the netiee of heafing to be seR,ed eA least fefty eight (48) hours before the time of th-e
hearing, and show eause if the per-son eaii, why the dog should not be destr-eyed. The aetifieati
will also eentain er have aRaehed thereto a eepy of the direeter's Nwitten epinion, if any.
disposed of he direet6r-'s v °cei'.si(irri,rfinal. There is no right to eity eouneil appeal.
13. Notice ol' Impoundment.
1. The director must provide written notice to the owner /guardian of the
specific behavior ofthe animal alleged in the petition and the date upon
which a hearing will be held to consider the petition. The hearing must be
held promptly within no less than five working days nor more than ten
working days after service of notice upon the owner /guardian of the
animal as set forth by the Food and Agricultural Code § 31621. The notice
must advise the owner /guardian of the consequences of finding; of
potentially dangerous or vicious.
2. Where the owner /guardian's address ol'anv animal is unknown. notice of
the hearing must be Tiv�, en by' _pol sting the same in the Police Department
and by publication in a newspaper of' general circulation. Notice must then
be deemed given on publication of the notice.
C. Hearing, Procedures. A hearing on .yhether a dog is declared potentially
dangerous or Vicious must be conducted in the following manner:
1. Il'the director has investigated and determined that probable cause exists
Page 3 of 7
[P: \SUPER\AGENDAS \SSMC Animal Control - Complete Update 2010.docm
U lD
to believe that a dog is potentially dangerous or vicious, a hearing must be
conducted. The director must prepare a petition specityingithe basis as to
why the dog is potentially dangerous or vicious.
2. Whenever possible, any complaint received from a member of the public
which serves as the evidentiary basis for the director to find probable
cause must be sworn to and verified by the complainant and must be
attached to the petition.
3. The city manager. or designee, must designate a hearing officer. The
hearing officer must conduct a hearing on whether a dog must be declared
potentially dangerous or vicious.
4. The hearing; must be open to the public and the hearing officer may admit
into evidence all relevant evidence, and exercise the Full scope of authority
set Forth in Food and Avricultural Code § 31621.
5. A hearing may be continued if the hearing; officer deems it necessary and
proper or upon a showing of good cause.
6. If the owner /guardian tails to appear at the hearing, the hearing will
nevertheless proceed and an appropriate order must be issued.
7. The hearing officer must consider all relevant responsible evidence
without regard to the formal rules of evidence, including circumstances o1'
mitigation and the record of any prior violations by the owner /guardian.
8. The hearing, officer must issue a written determination based upon a
preponderance otthe evidence. which must be mailed to the
Owner/guardian within seven days after the hearing is completed.
9. The hearing officer's decision is final. There is no right to a city council
appeal.
D. Designation of Animal. If an animal is found to be potentially dangerous or
vicious by apreponderance of the evidence. the animal must be so designated on
the records of the animal services agency. Such a designation must be considered
in future determinations involving the animal and /or owner /guardian.
E. Surrender Of Dangerous Dog: Any dog declared after a hearing to be dangerous,
if not already impounded by the department, will be immediately surrendered to
the department.
1�1 . Mierochipping Before Release: If at the conclusion of the hearing the hearing
officer difee4erdetermines that the dog will be released, the dog must have a
microchip imbedded subcutaneously in accordance with industry standards before
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X61
being released to the owner. The microchipping will be at the owner's expense.
G. Waiver. The owner of a doe for which a Dotentially danterous Detition has been
issued may irrevocably waive rights to a hearing; and any further appeal under
Food and Agricultural Code � 31622 and accept all conditions. sanctions and
penalties set forth in hood and Agricultural Code §31641, 31642 and 61643.
The director will mail a waiver form to the dot: owner /guardian. The waiver must
be signed by the dog owner /guardian and received by the director ""thin thirty
days from the date of agreement to waive or a hearing will be scheduled within
thirty days of the agreement to waive.
i1. Additional Tees.
1. In accordance with food and Agricultural Code � 31641, the
owner /guardian of a potentiall c� iangerous doh must in addition to the
regular licensing fee. pay to the city an annual fee as may be established
city council resolution for the increased costs of maintainint= the
records of the dog.
2 The owner /guardian of a dog determined to be vicious must, in addition to
the reg<llar licensing fee. pay to the city an annual fee as may
established by separate city council resolution to provide for the increased
costs of maintaining the records of the dog.
1. Registration of Animal. The owner /guardian of a vicious dot; must, within ten
days of' such determination, upon request by the city present said animal at the
animal services agency and allow photographs and measurements of the animal to
be taken for purposes of identification.
J. Undesignation of Animal.
1. The owner /guardian of a dog found potentially dangerous, who has no
additional violations of any of the provisions of this title, \within a thirty -
six -month period from the date of designation as potentially dangerous,
must be removed from the list of potentially dangerous dogs by the
director. The dog may be, but is not required to be, removed from the list
of potentially dangerous dogs before the expiration of the thirty -six -month
period ifthe owner /guardian of the dog, demonstrates to the director that
changes in circumstances or measures taken by the owner /guardian, such
as training of the dog, mitigated the risk to public safety.
2. The owner /guardian of a doe found vicious, who has no additional
violations of any of the provisions of this title, after a thirty- six -month
period from the date of' designation as vicious, may apply to the director to
remove the animal from the list of vicious animals. The director has the
discretion to remove the animal from the list of vicious animals upon
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proof of the successful completion of at least eight weeks of formal
obedience training, other similar evidence of training, or other
rehabilitative efforts designed to mitigate the risk to public safety."
SECTION 7: Severability. If any part of this Ordinance or its application is deemed invalid by
a court of competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end; the provisions of this
Ordinance are severable.
SECTION 8: Limitations. The City Council's analysis and evaluation of the project is based on
the best information currently available. It is inevitable that in evaluating a project that absolute
and perfect knowledge of all possible aspects of the project will not exist. One of the major
limitations on analysis of the project is the City Council's lack of knowledge of future events. In
all instances, best efforts have been made to form accurate assumptions. Somewhat related to
this are the limitations on the City's ability to solve what are in effect regional, state, and
national problems and issues. The City must work within the political framework within which
it exists and with the limitations inherent in that framework.
SECTION 9: Ongoing Prosecution. Repeal or amendment of any provision of the ESMC will
not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and
imposition of penalties for any violation occurring before this Ordinance's effective date. Any
such repealed part will remain in full force and effect for sustaining action or prosecuting
violations occurring before the effective date of this Ordinance.
SECTION 10: Reversion. If this entire Ordinance or its application is deemed invalid by a court
of competent jurisdiction, any repeal of the ESMC or other City Ordinance by this Ordinance
will be rendered void and cause such ESMC provision or other the city ordinance to remain in
full force and effect for all purposes.
SECTION 11: Recordation. The City Clerk is directed to certify the passage and adoption of
this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances;
make a note of the passage and adoption in the records of this meeting; and, within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 12: Effectiveness. This Ordinance will become effective on the thirty -first (31 st) day
following its passage and adoption.
PASSED AND ADOPTED this day of , 2010.
Eric Busch, Mayor
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,r)
ATTEST:
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 said City is five; that the foregoing
Ordinance No. was duly introduced by said City Council at a regular meeting held on
the day of , 2010, and was duly passed and adopted by said City
Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular
meeting of said Council held on the day of , 2010, and the same
was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger
Assistant City Attorney
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h t
EL SEGUNDO CITY COUNCIL MEETING DATE: December 7, 2010
AGENDA STATEMENT AGENDA HEADING: City Clerk
AGENDA DESCRIPTION:
Consideration and possible action regarding Council consensus to cancel the January 4,
2011 City Council Meeting (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
(1) Approve cancellation of the January 4, 2011 City Council Meeting;
(2) Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: None
Amount Budgeted: $
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: C' ^o es
REVIEWED BY:
APPROVED BY: Jack Wayt, City Mana r�,
BACKGROUND AND DISCUSSION:
The first regular 2011 City Council meeting is scheduled for Tuesday, January 4, 2011. Because
City Hall will be closed for certain established holidays and because of the additional meeting
workload and scheduled travel plans, it would be difficult to meet legal noticing requirements
and to properly prepare for the meeting.
Traditionally, the first City Council meeting of the new year has been cancelled and therefore it
is requested that Council consider cancelling the January 4, 2011 meeting.
12
h.,