2011 NOV 15 - 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, NOVEMBER 15, 2011 — 5:00 P.M.
Next Resolution # 4762
Next Ordinance # 1467
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.
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, it seg.) 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
1. 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- matter.
1. Wyle Claim
Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 2- matters
1. Employee Evaluation
Position: City Manager
2. Employee Evaluation
Position: City Attorney
2
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -1-
matter
1. Represented Group: City Employees Association (CEA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
K3
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, NOVEMBER 15, 2011 - 7:00 P.M.
Next Resolution # 4762
Next Ordinance # 1467
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor West Harding, El Segundo Foursquare Church
4
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Bill Fisher
PRESENTATIONS
(a) Proclamation proclaiming November 21, 2011 through December 15, 2011 as the
Spark of Love Toy Drive.
(b) Commendation commending Brayden Turnbull and Brandon Vlahos for their
courageous actions and selfless efforts in saving their friend's life.
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 conduct a Public Hearing and adopt a
resolution vacating an existing water easement at 620 West Imperial
Avenue (Fiscal impact: None)
Recommendation — 1) Open the Public Hearing; 2) Discussion, 3) Adopt the
resolution vacating an existing water easement affecting the entire site at 620
West Imperial Avenue; 4) Alternatively, discuss and take other action related to
this item.
C. UNFINISHED BUSINESS
5
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
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 2584817 to 2585035 on Register No. 3 in the total amount
of $489,725.70 and Wire Transfers from 10/21/11 through 1113111 in the total
amount of $ 477,353.34.
Recommendation — Approve Warrant Demand Registers 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 1, 2011
Recommendation — Approval.
4. Consideration and possible action regarding approval of a revised Class
Specification for the position of Pool Maintenance Technician. (Fiscal
Impact: None)
Recommendation — 1) Approve the proposed Class Specification for Pool
Maintenance Technician; 2) Alternatively, discuss and take other action related to
this item.
5. Consideration and possible action regarding approval of Amendment No. 1
to the City Manager's, Doug Willmore, Contract. (Fiscal Impact: None —
roposed changes do not increase the City Manager's salary or benefits.
Recommendation — 1) Approve Amendment No. 1 to the City Manager's
Contract; 2) Alternatively, discuss and take other action related to this item.
6. Consideration and possible action regarding approval of a Memorandum of
Understanding (Labor Agreement) between the City of El Segundo and the
El Segundo City Employees' Association. (Fiscal Impact: Estimated
Savings Fiscal year 2011/2012 of $363,713)
Recommendation — 1) Adopt the Resolution approving the Memorandum of
Understanding; 2) Alternatively, discuss and take other action related to this item.
7. Consideration and possible action regarding adoption of a Resolution for
CalPERS Employer Paid member Contributions (EPMC) for City Employees'
Association. (Fiscal Impact: Estimated Savings Fiscal year 201112012 of
$140,152)
Recommendation — 1) Adopt the Resolution; 2) Alternatively, discuss and take
other action related to this item.
N
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
8. Consideration and possible action to direct staff to initiate a Request for
Proposal process to identify a property management company to manage
The Park Vista Senior Apartments, 615 East Holly Avenue. (Fiscal Impact:
$148,000 No General Fund)
Recommendation - 1) Direct staff to initiate the Request for Proposal process, or
2) Alternatively, discuss and take other action related to this item.
G. REPORTS - CITY MANAGER
H. REPORTS - CITY ATTORNEY
I. REPORTS - CITY CLERK
J. REPORTS - CITY TREASURER
K. REPORTS - CITY COUNCIL MEMBERS
Council Member Fuentes -
Council Member Brann -
Council Member Jacobson -
Mayor Pro Tern Fisher -
Mayor Busch -
7
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 seg.) for the purposes of conferring with the City's Real Property
Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation; and /or
discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: l i -q -1 (
TIME: S. 3 S P M
NAME:�,�,���nvv�
rortamatt"On Citp of el oegunbo, California
WHEREAS, In an effort to provide for children who otherwise might not experience the joy of
the holiday season, the City of El Segundo Fire Department along with other
Southland fire agencies, has participated in the Spark of Love program for the past
nineteen years and has been a collection site for toys and food items donated during
the holidays.
WHEREAS, The ever upward spiraling cost of living burdens disadvantaged and displaced
families who may not be able to give gifts during the holiday season without help
from the Spark of Love program.
WHEREAS, The true holiday spirit is reflected in unselfish giving and our thoughts and hearts go
out to those less fortunate than ourselves.
WHEREAS, In the past, with the help of civic - minded citizens who live and work in our
community, hundreds of toys plus food items have been collected and distributed to
children and families in El Segundo and other South Bay cities.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo,
California, do hereby proclaim November 21, 2011 through December 15, 2011 as the
00- lt ]iove
OY DRIVE
The community is encouraged to support this holiday program by contributing toys and non-
perishable foods to the El Segundo Fire Department, Fire Station No.1 at 314 Main Street, during
the period of November 21 through December 15, 2011.
run����ll�inCut �� "'2t��r+r�.Yri
/F - %rtr2rrf t.- C "�rja�i �. /�.tx�rrtrl� < %rc�raf�)
(b) Commendation commending Brayden Turnbull and Brandon Vlahos for their
courageous actions and selfless efforts in saving their friend's life.
EL SEGUNDO CITY COUNCIL MEETING DATE: November 15, 2011
AGENDA STATEMENT AGENDA HEADING: Special Order of Business
AGENDA DESCRIPTION:
Consideration and possible action to conduct a Public Hearing and adopt a resolution
vacating an existing water easement at 620 West Imperial Avenue.
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
Open the Public Hearing.
2. Discussion.
3. Adopt the resolution vacating an existing water easement affecting the entire site
at 620 West Imperial Avenue.
4. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
Easement Exhibit
FISCAL IMPACT: None
Amount Requested: $
Additional Appropriation: No
Account Number(s):
ORIGINATED BY: Maryam M. Jonas, Principal Engineer
REVIEWED BY: Stephanie Katsouleas, Public Works Direct04---
APPROVED BY: Doug Willmore, City Manager WXAJ
BACKGROUND AND DISCUSSION:
On October 4, 2011 the City Council approved a resolution of intention to abandon an existing
waster easement at 620 West Imperial Avenue. The easement identified as a water easement to
"lay, maintain, repair, restore the size of, and remove pipes and conduits in, upon under or across
said premises for the purpose of distributing and supplying water for domestic, industrial and
irrigation purposes." The easement which affects the entire project site was granted to the Sausal
Redondo Water Company No. 1 on August 18, 1925. The City of El Segundo was the successor
agency to the Sausal Redondo Water Company No. 1 for the subject water easement.
On October 27 and November 3, the Notice of Public Hearings was published in El Segundo
Herald describing the abandonment of the water easement.
1
IA
Public Works Department confirmed that the easement had not been utilized for decades and is
no longer necessary. Abandoning the easement will relieve the city from any maintenance
responsibilities and allows the proposed development approved by the planning commission to
occur.
Recording Requested by and Returned to:
City Clerk
City of El Segundo
El Segundo, CA
Request recording without fee for the benefit of the
City of El Segundo pursuant to Streets and Highways Code § 8336.
APN 4131- 001 -041
RESOLUTION NO.
A RESOLUTION ADOPTED BY THE CITY COUNCIL FOR THE CITY
OF EL SEGUNDO TO VACATE WATER EASEMENTS WITHIN LOT 2
IN BLOCK 13 OF TRACT NO. 1685.
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. On or about May 15, 1912, the map entitled Tract No. 1685, (SHEET NO. 1), was
recorded with the Los Angeles County Recorder's Office in Book 21, Page 98 of
Maps Records ( "Final Map ").
B. The Final Map created a One (1) lot subdivision (Assessor's Parcel Number 4131-
001 -041) with an easement to the City of El Segundo for Water services
( "Easement ").
C. On or about October 4, 2011, Olson - El Segundo 1, LLC filed an application
requesting the vacation of a City water easement on property located at 620 West
Imperial Avenue. Olson Company is proposing to construct (2) two buildings on
the property ( "Project ").
D. A review of applicable documents, and after contacting other public utilities,
shows there are no public utility facilities located within the Easement.
E. The Easement, in its current location, is not necessary for present or prospective
public use
F. The easement has not been used for the purpose for which it was dedicated or
Page 1 of 3+
acquired for five consecutive years immediately preceding the proposed vacation..
G. Vacating the Easements consistent with the City's General Plan.
H. The City may summarily vacate public service easements pursuant to California
Streets & Highways Code §§ 8330 -8336.
SECTION 2: In accordance with the City Council's findings, and pursuant to Streets and
Highways Code § 8333(a), the City of El Segundo summarily vacates the Easement.
SECTION 3: The City Clerk, or designee, is directed to record this Resolution pursuant to
Streets and Highways Code § 8336 within ten (10) days of its adoption.
SECTION 4: From and after the date this Resolution is recorded, the Easement vacated by
this Resolution will no longer constitute a public service easement.
SECTION 5: In accordance with Resolution No. 4255 adopted April 2, 2002, the City
Manager is authorized to accept the Replacement Easement on the City's behalf.
SECTION 6: This Resolution will become effective immediately upon adoption and will
remain effective unless superseded or repealed.
PASSED AND ADOPTED this 15th day of November, 2011.
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Wa
Eric Busch, Mayor
Karl H. Berger, Assistant City Attorney
Page 2 of 3 01 4
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) 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
of said City, and attested to by the City Clerk of said City, all at a regular meeting of said
Council held on the 15`x' day of November, 2011, and the same was so passed and adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
Page 3 of 3 : i
EXHIBIT A
LOT 2, IN BLOCK 13 OF TRACT NO. 1685 AS DESCRIBED IN BOOK 5176, PAGE 197, IN THE
CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 21, PAGE 98 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
ALL AS PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
SHEET 1 OF2
BY: JMW
DATE: 11-2-11
SCALE: 1"= 50'
ENGINEER/SURVEYOR
PREPARED UNDER THE SUPERVISION OF:
VINCENT W. SCARPATI R.C.E. 33520 DATE
LICENSE EXP. 06/30/2012
CONSULTING, INC.
CIVIL ENGINEERING
LAND PLANNING & SURVEYING
27156 BURBANK
FOOTHILL RANCH,
CA 92610
T. 949.916.3800
F. 949.919.3805
WWW.CVC- INC.NET
W.
`° �a
No. 33520 —
+ > Exp. 6/30/2012
civi\�
WATER VACATION
LEGAL DESCRIPTION
i_a 1 ii
EXHIBIT B
IMPERIAL AVENUE
_
T.
�l
N89'58'10 "E 134.03'
0
c o
O
C)
n
n O
N89'58'1 0 "E 134.03'
r7
M00
00
w rn
w rn
>Y \
00
w
D \
_
zu
WO N
W
�
>,n
Q -m
Qm m
��m
JY�
QN
o
QUA
I-
cnOu7
_OLn o
wm(D O
WOOO
WJ
>m00
W Lo
w
Q -�
—�O
UU
�Z
Z
Z
OF-o
--i UZ
N U
� o
U
NF-Q
J
cOI-
U
Q
O �
O
C) ui
u•i
u-)
M
SOUTHERLY LINE OF
N89'5810 E 134.03
LAND DESCRIBED IN
DEED RECORDED
w
w
JANUARY 25, 1990
-_°o
-°o
AS INST. NO.
90- 1137117 O.R.
0
0
C)
0
z
00
o
z
z
m
WY\
C)
Du-
zO N
O
0
u')
Li
> m m
ui
a
N
r-
Q� Ln
U O 00
_ -
QJ�
U
Q w
Op
§z z
rn O
F'�= U
cOp � SCALE:
1" = 50'
w
N 84'5810 E
ACACIA AVENUE
SHEET20F2
•
♦
27156 BURBANK
FFOA 9 610` RANCH,
WATER VACATION
BY: JMW
CONSULTING,
INC. T. 949.916.3800
SKETCH
DATE: 11-2-11
CIVIL ENGINEERING
F. 949.919.3805
WWW.CVC- INC.NET
SCALE: 1"= 50'
LAND PLANNING & SURVEYING
p
T
T
co
D
T
m
0 m—
n (n
D
m
z a m m Dy m m m 0 0 0 Z m Z 0
2
II
T
II
m
II
D
r m
D O D
m n z
T
m m O
m
m
N
m
n
n
°v w
<m
O
w
<
O
p
n=
°� m.Ko
m
'
C
w o
m n
n='m
'_
m 3 �' 3
'�
m
?. 3
w
C n°
O
a
a m a w
o
w c
m z z
m
o m D
D
I ID
(n° r
'cmm
M
CD 5-Z m
3
vm
lei
NG
a
O a
O
m
C
c
m
m
m o v
y w m
m
m
m
m
n n
° 3
n j
m
x
a
m m °
m
O m
m
a
a
C
m y a mm
O O N N
m
w w
o n
n
N
m
3
m
w a n C m
j =, 6
n
N
O
toll O
m
C w
m
4*
N
V
y w n C
m
0
w.
m
m
W
^v m
m
m°
o
a
m
O
S a o m>
>
O
O
m 41
n
c
�? o m w
Z c m 1
N z y O
c
0
J
O
a
y
m
O
3
ID
a
0
5D
A
O
N
l0 J m�y E.
w
o
w
N m a N
a
y
V p y 0 m
?
d
J
m
m
O j' m O m
m
m
m
m
w n< m
m
w
n j N
C
N
d
a m C7
' a
O
3
a
a(
n
m
w
m
m
a
j
m
;
m
a
Z
m
z
P�
1'1
T
1
r
0 0
p O
n n
2 m
m m
n n
N cn
p a
C a
m m
O �O
= a D
r
m
m m
n
m
m
x
O m m m r m O ** m Z O D r 0� g 1 2 2 D '9 m 0> D N -I O
cxxgo>OOD DD mD(nDpm- `055 DO((Nmi�l(Nn Dm Z
mm- C13(7mmm _{ DD(Njl D fn
DD Dy 9m000 m 3-iO m
O OOO
D m 3 N D
z: > m m m m' T C
(7 m D T+ n m z z z
m K
mm _rmm
D N N N C a n n z z z Z c m
m 1 D (n p O Q (Dt1 9 z C
m
z a m m Dy m m m 0 0 0 Z m Z 0
N 0, y j A C > 0 z
5
N C C C Z T m n
oOm< z mmz<''
m m z D z
mZOmzzZ z
00 O
O z D -i 0
1
C z
m �
< z 0 <
m O m
r m
D O D
m n z
T
m m O
m
m
N
Z r m
O
C
z
O
m
N
0
Am A N N N �pppO N A (NJl
N m N m (NP O A OJI O
S UJ °0 N m J O O
N
(P � A �
V j m � N Jp
mmw to
A m m 0 °Ai m
m
N
N
N
D
m
O
m
D
v
O
D
r
a
N
O
T
m
m
L7
N
1
M
s
W
D
a
D
z{
N m
O (r
D
N
I
m
(n O
m C
< z
C
z
O
2
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
10/21/11 THROUGH 11/03/11
Date
Payee
Amount
Description
10/26/2011
Unum
319.20
LTD
10/26/2011
Health Comp
1,488.55
Weekly claims
10/26/2011
Health Comp
4,523.71
Weekly claims
10/27/2011
IRS
241,756.35
Federal Taxes
10/27/2011
Employment Development
56,799.27
State Taxes
10/27/2011
Employment Development
4,242.39
State Taxes
10/28/2011
State of CA EFT
1,047.21
EFT Child support payment
10/28/2011
Manufacturers & Traders
192.31
IRA payment Vantagepoint
10/28/2011
UB
7,440.34
PARS payment
10/28/2011
Manufacturers & Traders
35,595.22
457 payment Vantagepoint
10/28/2011
Nationwide EFT
47,301.08
EFT 457 payment
11/2/2011
Cal Pers
35,034.83
EFT Retirement Misc
11/2/2011
Lane Donovan Golf Ptr
22,025.06
Payroll Transfer
11/2/2011
Health Comp
1,781.81
Weekly claims
10/21- 11/3/11
Workers Comp Activity
17,806.01
SCRMA checks issued
477,353.34
DATE OF RATIFICATION: 11/15/11
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
Dep�fy`Ciff Treasurer Date
b&1U1L-aPA- I I Lo ll
Director of Finance Date
r� l
City Manager Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P: \City Treasurer \Wire Transfers\201 1 \Wire 2011 4th Qtr \Wire Transfers 11- 03.xls
477,353.34
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, NOVEMBER 1, 2011 — 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 — arrived at 5:02 p.m.
Council Member Brann
- Present
Council Member Fuentes
- Present
Council Member Jacobson - Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
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) -1- matters
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- matter.
Wyle Claim
Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 2- matter
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 1, 2011
PAGE NO. 1
Employee Evaluation
Position: City Manager
Employee Evaluation
Position: City Attorney
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -2-
matters
Represented Group: City Employees Association (CEA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
Unrepresented Employee: Doug Willmore, City Manager
Negotiator: Mark Hensley, City Attorney
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
Council Recessed at 6:50 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 1, 2011
PAGE NO. 2
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, NOVEMBER 1, 2011 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 7:00 p.m.
INVOCATION — Cathy Domann, Deputy City Clerk
PLEDGE OF ALLEGIANCE — Council Member, Carl Jacobson
PRESENTATIONS
(a) Council Member Fuentes presented a Proclamation to Ralph Lanphere, City
Treasurer and Army Veteran, in observance of Veterans Day on November 11,
2011 in honor of our patriotic men and women in uniform.
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tern Fisher
- Present
Council Member Brann
- Present
Council Member Fuentes
- Present
Council Member Jacobson - Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
While all comments are welcome, the Brown Act does not allow Council to take action
on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
Liz Garnholz, resident, spoke regarding Consent Agenda Items 9 and 12 -16, related to
employee salary and benefit changes. She requested information on what the various
employee groups pay towards the employee share of PERS.
Marc Rener, resident, spoke regarding the proposed compensation for the various labor
groups.
Sam Pena, Consolidated Disposal Services, spoke regarding the new trash hauling
contract and the new recycling containers being offered to customers.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 1, 2011
PAGE NO. 3
i ) 'l
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MOTION by Council Member Jacobson, SECONDED Mayor Pro Tern Fisher to read all
ordinances and resolutions on the Agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
C. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
D. UNFINISHED BUSINESS
Consideration and possible action regarding 1) Adoption of a Resolution
providing another designated Retirement Period for Section 20903, Two Years
Additional Service Credit, for local miscellaneous and local safety employees
(with exclusions). (Fiscal Impact: presented at October 18, 2011 meeting).
Doug Willmore, City Manager, gave a report.
Motion by Mayor Pro Tern Fisher, SECONDED by Mayor Busch, to adopt Resolution
No. 4748 providing another designated Retirement Period for Section 20903, Two
Years Additional Service Credit, for local miscellaneous and local safety employees
(with exclusions). MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES:
MAYOR BUSCH, MAYOR PRO TEM FISHER, COUNCIL MEMBERS FUENTES AND
JACOBSON; NOES: COUNCIL MEMBER BRANN. 4/1
2. Receive and file the Beach Cities Transit (BCT) Operational Analysis report
administered and provided by the lead agency of BCT, the City of Redondo
Beach. (Fiscal Impact: None)
Joyce Rooney, Transit Manager, City of Redondo Beach, gave a report.
Council consensus to receive and file the Beach Cities Transit (BCT) Operational
Analysis report administered and provided by the lead agency of BCT, the City of
Redondo Beach.
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
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.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 1, 2011
PAGE NO. 4
1 4
3. Approved Warrant Numbers 2584630 to 2584816 on Register No. 2 in the total
amount of $403,249.06 and Wire Transfers from 10/06/11 through 10/20/11 in
the total amount of $2,524,452.56. 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 October 18, 2011.
5. Adopted Resolution No. 4749 authorizing the Board of Directors of the El
Segundo Senior Citizen Housing Corporation to contract with Amtech Elevator
Service Company for the modernization of the front elevator at the Park Vista
Housing Facility and approve the El Segundo Senior Citizen Housing
Corporation's expenditure of $48,976 for the project. Authorized the El Segundo
Senior Citizen Housing Corporation to execute the Contract No.4198 with
Amtech without the need for competitive bidding.
6. Waived second reading and adopted Ordinance No. 1465 approving an
Environmental Assessment (EA No. 861) and a Zone Text Amendment (ZTA No.
10 -01) to add a new Chapter 15 -24A regulating dedication and improvement of
public rights -of -way. Applicant: City Initiated (Fiscal Impact: N /A)
7. Accepted the work as complete for the project for the refurbishment of the
Recreation Park racquetball courts (339 Sheldon Street). Project No.: PW 11 -08
(Fiscal Impact: $28,700) Authorized the City Clerk to file a Notice of Completion
in the County Recorder's Office.
8. Adopted Plans and Specifications for the Maryland Street Improvement Project
from Mariposa Avenue to Palm Avenue, Project No. PW 11 -02. (Fiscal Impact:
$200,000.00) Authorized staff to advertise the project for receipt of construction
bids.
9. PULLED FOR DISCUSSION BY MAYOR BUSCH
10. PULLED FOR DISCUSSION BY COUNCIL MEMBER BRANN
11. Approved standard Professional Services Agreement No. 4199 with Martin &
Chapman Co. for election support and services for the General Municipal
Election, April 10, 2012. (Fiscal Impact: Not to Exceed $36,000) Authorized the
City Manager to execute the agreement with Martin & Chapman Co. to provide
election support and services.
12. PULLED FOR DISCUSSION BY MAYOR BUSCH
13. PULLED FOR DISCUSSION BY MAYOR BUSCH
14. PULLED FOR DISCUSSION BY MAYOR BUSCH
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 1, 2011
PAGE NO. 5
i I.) Is
15. PULLED FOR DISCUSSION BY MAYOR BUSCH
16. PULLED FOR DISCUSSION BY MAYOR BUSCH
17. Adopted Resolution No. 4750 authorizing the City Manager, or Designee, to
apply for, receive, and appropriate grant funds under the California
Environmental Reporting System (CERS) grant program. (Fiscal Impact: Not to
exceed $40,200)
MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Fuentes to
approve Consent Agenda Items 3, 4, 5, 6, 7, 8, 11, and 17. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
9. Consideration and possible action to adopt Ordinance No. 1466 amending
Chapter 9 -3 of the El Segundo Municipal Code (ESMC) in its entirety regarding
Street Trees. (Fiscal Impact: None)
MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher, to adopt Ordinance
1466 amending ESMC Chapter 9 -3 Street Trees. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
10. Consideration and possible action to add the election of three members of the
City Council, one City Clerk, and one City Treasurer to a previously called April
10, 2012 municipal election. (Fiscal Impact: $69,800)
MOTION by Council Member Brann, SECONDED by Mayor Busch to adopt Resolution
No. 4751 placing three City Council, City Clerk, and City Treasurer seats on the
previously called April 10, 2012 General Municipal Election and Resolution No. 4752
establishing Requirements for Candidate Statements. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
12. Consideration and possible action regarding 1) Adoption of Resolutions for
CalPERS Employer Paid Member Contributions (EPMC) for Police Support
Services Employees'. (Fiscal Impact: Estimated Savings for Fiscal Year 2011 -12
of $25,364.)
MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to adopt Resolution
Resolution No. 4753 for CalPERS Employer Paid Member Contributions (EPMC) for
Police Support Services Employees'. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: MAYOR BUSCH, MAYOR PRO TEM FISHER, COUNCIL MEMBERS
FUENTES AND JACOBSON; NOES: COUNCIL MEMBER BRANN. 4/1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 1, 2011
PAGE NO. 6
�.J
13. Consideration and possible action regarding approval of a Memorandum of
Understanding (Labor Agreement) between the City of El Segundo and the El
Segundo Police Support Services Employees Association. (Fiscal Impact:
Estimated Savings FY 2011/2012 of $57,138)
MOTION by Mayor Busch, SECODED by Mayor Pro Tern Fisher to adopt Resolution
No. 4754 approving Memorandum of Understanding No. 4200. MOTION PASSED BY
THE FOLLOWING VOTE: AYES: MAYOR BUSCH, MAYOR PRO TEM FISHER,
COUNCIL MEMBER JACOBSON; NOES: COUNCILS MEMBER BRANN AND
FUENTES. 3/2
14. Consideration and possible action regarding a resolution establishing a new
unrepresented group of employees "Executives" for the Nationwide Retirement
Solutions Governmental Deferred Compensation Matching Plan and Trust Plan.
Fiscal Impact: None.
MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to adopt Resolution
No. 4755 establishing a new unrepresented group of employees "Executives" for the
Nationwide Retirement Solutions Governmental Deferred Compensation Matching Plan
and Trust Plan. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
15. Consideration and possible action regarding Adoption of Resolutions updating
the Nationwide Retirement Solutions Governmental Deferred Compensation
Matching Plan and Trust Plan for Management/Confidential, El Segundo
Firefighters' Association, and the El Segundo Police Managers' Association.
(Fiscal Impact: Estimated Savings: $340,241.17.)
MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to adopt Resolution
No. 4756 Updating Nationwide Retirement Solutions Deferred Compensation Matching
Plan and Trust Plan for Management/Confidential, Resolution No. 4757 Updating
Nationwide Retirement Solutions Deferred Compensation Matching Plan and Trust Plan
for Firefighters' Association, and Resolution No. 4758 Updating Nationwide Retirement
Solutions Deferred Compensation Matching Plan and Trust Plan for Police Managers'
Association. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
16. Consideration and possible action regarding Adoption of the 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 and the El Segundo Supervisory and Professional
Employees' Association. (Fiscal impact: Active Employees: $71,300; Retirees
$73,000)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 1, 2011
PAGE NO. 7
(14,t
MOTION by Mayor Busch, SECOND by Mayor Pro Tem Fisher to adopt Resolution No.
4759 updating the employer's contribution under the Public Employees' Medical and
Hospital Care Act for the El Segundo Fire Fighters' Association, Resolution No. 4760
updating the employer's contribution under the Public Employees' Medical and Hospital
Care Act for the El Segundo Police Officers' Association, and Resolution No. 4761 for
the El Segundo Supervisory and Professional Association. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
F. NEW BUSINESS
G. REPORTS — CITY MANAGER - NONE
H. REPORTS — CITY ATTORNEY
Report by City Attorney regarding the El Segundo's Unified School District's proposed
use of the refurbished high school auditorium for private and public events.
Council Member Fuentes left the dais due to a potential conflict due to the proximity of
her residence.
Council received and filed report.
Council Member Fuentes returned to the dais.
I. REPORTS — CITY CLERK - NONE
J. REPORTS — CITY TREASURER - NONE
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fuentes — Spoke on the Halloween Frolic and Veterans Day.
Council Member Brann — NONE
Council Member Jacobson — NONE
Mayor Pro Tern Fisher — Thanked staff for Halloween Frolic.
Mayor Busch — Spoke on the Halloween Frolic. Noted that Chevron will be turning 100
years old and wished the Company Happy Birthday. Noted that Chevron would be
giving tours. Information will be made available on the City website.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 1, 2011
PAGE NO. 8
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.
Marc Rener, resident, spoke regarding the Firefighters' Memorandum of Understanding
and conducting Union activity on City time.
Mike Robbins, resident, spoke regarding Union contracts.
Liz Garnholz, spoke regarding missing exhibits on Labor contracts and multiple DMV
Licenses.
MEMORIALS — NONE
CLOSED SESSION — NONE
ADJOURNMENT at 8:25 p.m.
Cathy Domann, Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
NOVEMBER 1, 2011
PAGE NO. 9
EL SEGUNDO CITY COUNCIL MEETING DATE: November 15, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding 1) Approval of a revised Class Specification for the
position of Pool Maintenance Technician (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Approve the proposed Class Specification for Pool Maintenance Technician.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Pool Maintenance Technician Class Specification with Revisions.
FISCAL IMPACT: None
ORIGINATED BY: Lisa Jenkins, Senior Human Resources Analyst
REVIEWED BY: Deborah Cullen, Director of Finance /Human Res`oiY. rces�-,
APPROVED BY: Doug Willmore, City Manager
BACKGROUND AND DISCUSSION:
In anticipation of the recruitment, testing, and selection process to fill the current Pool Maintenance
Technician vacancy, staff has determined the need to revise the class specification to more
accurately reflect the position's duties and responsibilities.
The proposed revisions on the attached classification specification clarify that this position is
allocated to the Facilities Maintenance Division and will be responsible for assisting the Facilities
Maintenance staff with general building maintenance work as might be required. Additional
changes are being proposed to list required knowledge, skills and other characteristics that are not
currently delineated on the job description.
Staff anticipates proceeding with the recruitment efforts as soon as possible and is requesting
approval of the classification specification in order to proceed with the recruitment.
a]
City of El Segundo, CA Job Description
Adopted Oct. 2008; Revised 11/15/11
Pool Maintenance Technician
Definition:
Under general supervision of the ReGreatiGR and PaFksFacilities Maintenance Supervisor,
oversees and performs a variety of tasks in the operation, maintenance, cleaning, and
servicing of equipment and facilities in and around the City's Aquatic Facilities, des
training and supervision in pool equipment opeFations foF aquatiGs sta and other facilities
as needed_and peFfeFms etheF Feiated duties, as required.
Essential Functions:
Essential functions, as defined under the Americans with Disabilities Act, may include the
following duties and responsibilities, knowledge, skills and other characteristics. This list of
duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of
all functions and tasks performed by positions in this class.
Characteristic Duties and Responsibilities:
Oversees and performs a variety of tasks in the operation, maintenance, cleaning, and
servicing of equipment in and around the Aquatics Facilities, including performing tests for
chlorine, PH, calcium hardness, TDS, and total alkalinity; treats water with chemicals to
maintain safe and healthy water quality; monitors chemical usage and cleans probes and
chemical injectors.
Repairs a variety of equipment, including back stroke flags, lane lines, lane line reels, pool
covers, lifeguard stands, and diving boards; performs mechanical inspections and repairs
to pool pumps, filters, chemical pumps, and chemical feed lines; performs minor electrical,
plumbing masonry, carpentry, and graffiti removal.
Maintains and cleans pools; skims surface of pools and uses pool vacuum cleaners;
maintains and cleans decks, pump houses, and surrounding areas; picks up debris in and
around pool areas and empties deck area trash cans. Performs inspection of custodial
operations of Aquatic Facilities buildings and pool areas; may serve as lead worker for
other City employees.
Purchases maintenance, chemicals, and personal safety supplies; researches prices and
vendors; works with vendors in purchasing supplies and equipment and tracks
expenditures and monitors budgets. Maintains and produces a variety of records and
reports, including maintenance sheets, water quality sheets, chemical consumption,
equipment orders, safety supplies, respirator fit test, water slide inspection reports and
material Safety Data Sheets (MSDS). Completes, reviews, and files accident and incident
reports and updates maintenance manuals and diagrams.
Prepares pools for summer operation and winterization; adjusts chemicals; winterizes pool
heaters; applies and removes pool covers and sets up swim lane lines. Assists staff with
emergency responses. Interacts with the public and ensures excellent customer service is
given at Aquatics facilities; answers questions and complaints from the public; sets up and
cleans up after major events; attends and participates in a variety of meetings and
trainings.
Assists with PaFk Maintenan ne e other - Building Maintenance Division activities, as
needed includinq but not limited to installation of building hardware such as doors, locks,
tiles and work stations: general maintenance tasks such as painting drywall repair,
hanging of pictures and window coverings etc and assisting Facilities Maintenance staff
with the installation repair and maintenance of plumbing electrical and HVAC systems
and equipment as needed.
Responds to complaints and determines appropriate corrective action; coordinates
activities with other City staff in resolving complaints as necessary.
Assists with city- sponsored special events which may require overtime and schedule
change.
Maintains positive working relationships with City management, staff, and representatives
of community organizations, state /local agencies, and the public.
Knowledge, Skills and Other Characteristics:
Knowledge of modern principles, practices and philosophies for maintaining and operating
aquatic facilities.
Knowledge of chemical feed systems and related chemicals; mechanical operation;
troubleshooting of chemical pumps, vacuums, pool pumps, chemical feed systems, basic
heater usage; methods and techniques of water sterilization, chlorination, and PH
balancing.
Knowledge of basic principles and techniques used in electrical, plumbing, masonry and
carpentry work.
Knowledge of principles and techniques for purchasing supplies and equipment.
Knowledge of... ds and teGhniques of part torne and seasonal staff.
Knowledge of basic principles of mathematics.
Knowledge of applicable federal, state and local laws, codes and regulations related to
aquatics programs and facilities.
Knowledge of methods and techniques for record keeping and report preparation and
writing; proper English, spelling and grammar.
Knowledge of occupational hazards and standard safety practices.
Ability to oversee and perform the day -to -day duties associates with the operation,
maintenance, cleaning, and servicing in and around the city's Aquatic Facilities and other
City Facilities.
Ability to purchase supplies and equipment.
Ability to perform basic electrical, plumbing, painting, masonry, and carpentry work.
Ability to safely and effectively operate a variety of maintenance equipment, tools and
materials; operate standard aquatic tools and equipment.
Ability to Ft time, seasonal ; implement, explain and apply
applicable laws, codes, and regulations related to aquatics facilities.
Ability to read, interpret, and record data accurately; organize, prioritize and follow -up on
work assignments. (; 3
Ability to read blueprints and schematic diagrams
Ability to read and comprehend technical instruction manuals
Ability to operate a variety of technical diagnostic equipment
Ability to use appropriate hand and power tools associated with mechanical /facility
diagnosis maintenance and repair
Ability to work independently and as part of a team.
Ability to make sound decisions within established guidelines.
Ability to analyze complex issues and develop and implement appropriate responses.
Ability to follow complex written and oral directions.
Ability to observe safety principles and work in a safe manner; enforce safety rules at
aquatic events.
Ability to communicate clearly and concisely, both orally and in writing; establish and
maintain effective working relationships.
Licensing /Certification Requirements:
Possession of a valid California Class "C" Driver's License is required at time of
appointment. Possession of, or ability to obtain within six months of appointment,
American Red Cross CPR and First Aid Certification, Certified Pool Operator's License or
Aquatics Facility Operator's License, or Aquatics Facility Operator's Certification and
Confined Space Certificate, and Los Angeles County Pool Technician Certification..
Minimum Qualifications:
Graduation from High School or GED Certificate, and any combination of experience and
education that would provide the required knowledge, skills, and abilities necessary to
perform the duties of a Pool and Building Maintenance Technician. Two years of
increasingly responsible experience in the operation, maintenance, cleaning and servicing
of public aquatic facilities is required; public aquatic facilities /pools experience and general
building maintenance experience is highly desirable
Working Conditions:
Regularly required to lift and /or carry up to 498-75 pounds.
Regularly exposed to sounds and smells associated with equipment and materials.
Occasionally works in confined spaces, hot and cold areas, and in close proximity to
electrical, noise and mechanical hazards.
('32)
EL SEGUNDO CITY COUNCIL MEETING DATE: November 15, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of Amendment No.l to the City
Manager's, Doug Willmore, contract. (Fiscal Impact: None — proposed changes do not
increase the City Manager's salary or benefits.).
RECOMMENDED COUNCIL ACTION:
1) Approve Amendment No. I to City Manager's Contract;
2) Alternatively, discuss and take other action to this item.
ATTACHED SUPPORTING DOCUMENTS:
Draft Amendment No. 1 to City Manager's Contract
City Manager's Employment Contract
FISCAL IMPACT: None
Amount Budgeted: $
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Mark Hensley, City Attorney
REVIEWED BY:
APPROVED BY: Mark Hensley, City Attorney
BACKGROUND AND DISCUSSION:
The City Council met in closed session on November 1, 2011, with the City Attorney who was
acting as the City's labor negotiator with regard to the City Manager's contract. The result of the
negotiation is the attached proposed amendment to the contract which severs the connection
between the benefits provided to the City's Management Confidential Group and the Department
Heads, and those provided to the City Manager. The City Manager requested this amendment
based upon his desire to be able to engage in future discussions with the Council regarding the
salaries and benefits provided to the Management Confidential Group and the Department
Heads.
The current agreement contained language (some of which is now moot based upon the
conclusion of negotiations with the Management Confidential Group and Department Heads)
that could have resulted in changes to the salary and befits received by the City Manager based
upon those received by the Management Confidential Group and the Department Heads. The
proposed amendment simply states the City Manager's benefits are based upon the current
benefits provided to the Department Heads and that in the future these benefits can only be
changed through amendments to the City Manger's contract. The proposed amendment does not
,,3A o►
5
BACKGROUND AND DISCUSSION CONTINUED:
change the benefits received by the City Manager from those that he is currently receiving which
have not changed since his contract was originally approved by the Council.
32)p
FIRST AMENDMENT TO
AGREEMENT NO. 4134 BETWEEN
THE CITY OF EL SEGUNDO AND
DOUGLAS WILLMORE
THIS FIRST AMENDMENT ( "Amendment ") is made and entered into this _ day of November
2011, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation
existing under the laws of California ( "CITY "), and DOUGLAS WILLMORE, an individual
( "EMPLOYEE ").
1. Pursuant to Section 5 of Agreement No. 4134 ( "Agreement "), Section 4 is amended in its
entirety to read as follows:
"SECTION 4. COMPENSATION AND BENEFITS
A. EMPLOYEE's annual base salary is $218,000 which shall be paid in equal bi- weekly
payments. Any increase in EMPLOYEE's compensation must be in a writing signed by the
parties and approved by the City Council;
B. CITY shall pay EMPLOYEE a one time moving allowance not to exceed $5,000.
Employee shall obtain three bids from licensed moving companies and select the company
that submits the lowest bid unless all of the bids exceed $5,000.
B. CITY shall pay EMPLOYEE for professional membership dues and fees and attendance
at conferences as such may be budgeted by CITY. EMPLOYEE shall also be reimbursed
upon presentation to CITY of verified receipts for sums necessarily incurred by
EMPLOYEE in the performance of EMPLOYEE's duties or as otherwise budgeted for by
CITY, so long as the expenses are in accordance with the CITY's policies and state laws;
C. EMPLOYEE shall be entitled to all other benefits of employment provided to CITY's
Department Heads as of November 1, 2011, except (i) EMPLOYEE must pay the employee
share (currently 7% of the employee's salary) of the PERS retirement benefit cost; (ii)
EMPLOYEE cannot qualify for the lifetime medical benefit unless and until EMPLOYEE
completes ten years of employment with CITY; and, (iii) EMPLOYEE salary increases are
governed by Section 4 (A) set forth above. Any future additional benefits, or reductions or
increases in exisiting employment benefits must be reflected in an amendment to this
Agreement.
D. EMPLOYEE was advanced eighty hours of Executive Leave upon commencement of
his employment (one year of accrual of Executive Leave). In the event that EMPLOYEE's
employment with the CITY is terminated and EMPLOYEE has a negative Executive Leave
balance, then the payment due to EMPLOYEE's, if any, pursuant to Sections 3 (A) and (C)
above will be reduced by the amount of the negative accrual."
3�.l�
2. This Amendment may be executed in any number or counterparts, each of which will be an
original, but all of which together constitutes one instrument executed on the same date.
3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 4134
remain the same.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO EMPLOYEE
Eric K. Busch,
Mayor
ATTEST:
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
LIM
Mark Hensley, City Attorney
2
Douglas Willmore
,32-c-
A 1 j
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT ( "AGREEMENT ") is entered into this 15th
day of March, 2011, between the City of El Segundo ( "CITY ") and Douglas Willmore
( "EMPLOYEE ").
SECTION 1. TERM
EMPLOYEE shall commence employment as city manager for CITY on April 16,
2011. Except as otherwise provided for in this AGREEMENT, EMPLOYEE's
employment with CITY shall be on an at -will basis and will continue until terminated as
provided in this AGREEMENT
SECTION 2. DUTIES
EMPLOYEE shall perform to EMPLOYEE's best ability the duties and functions
of the City Manager of the CITY, as defined by California state law and CITY
Ordinances, Resolutions and Personnel Rules and Regulations, including without
limitation acting as the CITY's highest ranking administrative officer and management
employee, and shall perform such other legally permissible duties and acts as the CITY
Council may direct from time to time.
SECTION 3. TERMINATION OF EMPLOYMENT
(A) Through and including April 30, 2014, CITY may only terminate this
AGREEMENT based upon (i) EMPLOYEE's willful misconduct, including without
limitation, intentionally failing to fulfill EMPLOYEE's duties set forth in SECTION 2 of the
AGREEMENT; or (ii) EMPLOYEE's conviction or commission of a crime involving moral
turpitude; or (iii) without cause at any time. However, if CITY elects to terminate the
AGREEMENT without cause such that the termination date would occur before April 30,
2014, and the EMPLOYEE delivers to the City an executed copy of the Separation and
Release Agreement in the form attached hereto as Exhibit A within 30 days of his
termination, the City must pay EMPLOYEE a lump sum amount equal to the lesser of (i)
the amount of base pay that EMPLOYEE would have earned through April 30, 2014 or
(ii) six months of EMPLOYEE's base salary.
(B) EMPLOYEE may terminate this AGREEMENT at any time upon thirty -
days written notice to the Mayor of CITY or the City Attorney. EMPLOYEE's resignation
shall be deemed accepted upon delivery of resignation to the Mayor or the City
Attorney. EMPLOYEE shall not be entitled to any compensation upon such a
termination except as set forth in Section 3 (C);
(C) Upon any termination of this EMPLOYEE's employment, CITY shall pay
EMPLOYEE upon the effective date of such termination, an amount equal to the value
of the employee's accumulated, but unpaid and unused vacation and sick time in
accordance with the vacation and sick time cash out policies applicable to the
Management/Confidential employees of the City.
3Z.8
SECTION 4. COMPENSATION AND BENEFITS
(A) EMPLOYEE's annual base salary is $ 218,000 which shall be paid in
equal bi- weekly payments. However, in the event that the City Council reduces the
salaries of the Man agement/Confidential employees during the calendar year 2011,
EMPLOYEE's salary shall also be reduced at the same time and by the same
percentage amount that the Manage ment/Confidential employees' salaries are reduced.
However, in the event the salary reduction for Management/Confidential employees is
implemented prior to October 1, 2011, the reduction for EMPLOYEE shall take effect no
earlier than October 1, 2011. Any increase in EMPLOYEE's compensation must be in a
writing signed by the parties and approved by the City Council;
(B) CITY shall pay EMPLOYEE a one time moving allowance not to exceed
$5,000. Employee shall obtain three bids from licensed moving companies and select
the company that submits the lowest bid unless all of the bids exceed $5,000.
(C) CITY shall pay EMPLOYEE for professional membership dues and fees
and attendance at conferences as such may be budgeted by the CITY. EMPLOYEE
shall also be reimbursed upon presentation to CITY of verified receipts for sums
necessarily incurred by EMPLOYEE in the performance of EMPLOYEE's duties or as
otherwise budgeted for by CITY, so long as the expenses are in accordance with the
CITY's policies and state laws;
(D) EMPLOYEE shall be entitled to all other benefits of employment now in
effect or as hereafter approved by the CITY Council, which are provided to other
Management/Confidential employees of the CITY, except (i) EMPLOYEE shall pay the
employee share (currently 7% of the employee's salary) of the PERS retirement benefit
cost; (ii) EMPLOYEE shall not qualify for the lifetime medical benefit unless and until
EMPLOYEE completes ten years of employment with the City; and, (iii) EMPLOYEE
salary increases shall be governed by Section 4 (A) set forth above. With regard to item
(ii) of this paragraph, in the event that CITY Council does not take action to require
Management/Confidential employees to begin paying all of the employee's share
(currently 7% of the employee's salaries) during calendar year 2011, then EMPLOYEE
shall commencing on January 1, 2012 only be required to pay the same percentage
share, if any, that other Management/Confidential employees are required to pay of the
employee's share of the PERS retirement benefit cost. Additionally, should the Council
during the term of this AGREEMENT reduce or increase Management/Confidential
employees' benefits, EMPLOYEE's benefits shall be increased or reduced in the same
manner and at the same time that the Management/Confidential employees' benefits
are increased or reduced.
(E) As EMPLOYEE shall not have any accrued sick or vacation time when
EMPLOYEE commences employment with the CITY, EMPLOYEE shall be advanced
eighty hours of Executive Leave upon commencement of his employment (one year of
accrual of Executive Leave). In the event that EMPLOYEE's employment with the CITY
is terminated and EMPLOYEE has a negative Executive Leave balance, then the
3Z4
4134.,,.
payment due to EMPLOYEE's, if any, pursuant to Sections 3 (A) and (C) above shall be
reduced by the amount of the negative accrual.
SECTION 5. ENTIRE AGREEMENT AND AMENDMENTS
CITY and EMPLOYEE acknowledge that no representation, inducement, promise
or agreement, oral or written, has been made or is being relied upon which is not set
forth in this AGREEMENT. This AGREEMENT supercedes all prior agreements with
respect to the subject matter hereof and, to the extent permitted by law, any and all
CITY Ordinances, Resolutions or Personnel Rules and Regulations of CITY that have
been or may be adopted. No amendment or modification to this AGREEMENT shall be
effective unless such is in writing and signed by the parties.
SECTION 6. EFFECT OF WAIVER/SEVERABILITY
Failure by either party to insist on strict compliance with any term or condition of
this AGREEMENT shall not be deemed a waiver of such term or condition, nor shall any
such failure be deemed a waiver of that right at any other time. If any provision of this
AGREEMENT is held by a court of competent jurisdiction to be unenforceable, the
remaining provisions shall remain in full force and effect.
SECTION 7. EMPLOYEE REPRESENTATION
EMPLOYEE represents that he has reviewed this AGREEMENT and has had the
opportunity to consult with legal counsel of EMPLOYEE's own choosing with respect to
this AGREEMENT. This AGREEMENT shall be deemed to have been drafted by both
parties and it shall not be interpreted against either party hereto based upon the drafting
hereof.
SECTION 8. GOVERNING LAW
This AGREEMENT shall be governed by and construed in accordance with the
laws of the State of California and the venue for any legal action relating to this
AGREEMENT shall be the Superior Court of the State of California, County of Los
Angeles.
SECTION 9. COUNTERPARTS
This AGREEMENT may be executed in counterparts, which counterparts shall
constitute the AGREEMENT.
IN WITNESS WHEREOF, CITY has caused this AGREEMENT to be executed
on its behalf by its Mayor and duly attested by its City Clerk; and EMPLOYEE has
executed this AGREEMENT on the date first written above.
3/.
ATTEST:
B
CITY:
By:
Eric Busch, Mayor
EMPLOYEE:
By:
Douglas Willmore
APPROVED AS TO FORM:
C
By: �
Mar Hensley, City A
4134., IA
-3k3
41 34 • ,,._.1
EXHIBIT
SEPARATION AND RELEASE AGREEMENT
1. PARTIES
This Separation, Severance and General Release Agreement ( "AGREEMENT ") is
made and executed as of , 20_, by and between DOUGLAS WILLMORE
( "WILLMORE ") and the CITY -OF EEL SEGUNDO ( "CITY ").
2. RECITALS
2.1 WILLMORE commenced employment with the CITY as city manager on
or about April 16, 2011 pursuant to that EMPLOYMENT AGREEMENT entered into
between the parties on or about March 15, 2011.
2.2 This AGREEMENT is made to amicably resolve all matters between
WILLMORE and the CITY regarding WILLMORE's employment and the cessation of said
employment.
2.3 The parties understand and agree that a material purpose of this
AGREEMENT is to resolve any disputes and CLAIMS arising from or relating to
WILLMORE's employment with CITY, if any, and provide for a separation payment for
WILLMORF..
3. CONSIDERATION
3.1 In exchange for WILLMORE's execution, faithful performance and
compliance with this AGREEMENT, including without limitation the granting of the releases
set forth herein, and in full satisfaction and settlement of WILLMORE's CLAIMS, if any,
the CITY shall pay WILLMORE the sum of [insert amount of settlement in accordance with
Section 3(A) and (C) of EMPLOYMENT AGREEMENT which shall not exceed 6 months
of base salary and whatever leave payments are due WILLMORE] ( "SEVERANCE
PAYMENT ") in the form of a check made payable to DOUG WILLMORE, to be delivered
within 10 days of the EFFECTIVE DATE of this AGREEMENT. Required tax withholdings
and deductions will be made from the SEVERANCE PAYMENT.
3.2 .Respecting the SEVERANCE PAYMENT referenced in paragraphs 3.1
above, WILLMORE understands and agrees that the employees portion of any federal, state
or local taxes, if any, that may be owed or payable on the sums caused to be paid hereunder
by the CITY are the sole and exclusive responsibility of WILLMORE.
3.3 WILLMORE and the CITY shall otherwise each bear their own attorney
fees and costs incurred in connection with any disputes and this AGREEMENT.
3.4 Except as set forth in this Paragraph 3, the parties agree that no other
monies or benefits are due, owing or unpaid by reason of WILLMORE's employment or
LA H 122891 v l
3z.h
4134.,
association with CITY and that no other monies or benefits will be paid or maintained by
CITY to /for WILLMORE, in WILLMORE's name, or on WILLMORE's behalf.
WILLMORE expressly agrees that the SEVRANCE PAYMENT described in Paragraph 3
supersede and are in substitution for any payments or benefits under any employment
agreement(s), business agreement(s) or arrangement(s), oral or written promises, or
severance policy or plan respecting or regarding his employment or association with CITY.
4. Specific Acknowledgement of Waiver of Claims under ADEA and OWBPA
The Age Discrimination in Employment Act of 1967 ("ADEA ") makes it illegal
for an employer to discharge any individual or otherwise discriminate with respect to the nature
and privileges of an individual's employment on the basis that the individual is age forty (40) or
older. The Older Workers Benefit Protection Act ( "OWBPA ", 29 U.S.C. sections 626, et. se l,
Pub. L. 101 -433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of
any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering
into this AGREEMENT, WILLMORE acknowledges that he knowingly and voluntarily, for just
compensation, waives and releases any rights he may have under the ADEA and /or OWBPA.
WILLMORE further acknowledges that he has been advised and understands, pursuant to the
provisions of the ADEA and OWBPA, that:
(a) This waiver /release is written in a manner understood by WILLMORE;
(b) WILLMORE is aware of, and /or has been advised of, his rights under the
ADEA and OWBPA, and of the legal significance of his waiver of any possible claims he
currently may have under the ADEA, OWBPA and /or similar age discrimination laws;
(c) WILLMORE is entitled to a reasonable time of at least twenty -one (21)
days within which to review and consider this AGREEMENT and the waiver and release of any
rights he may have under the ADEA, the OWBPA and similar age discrimination laws; but may,
in the exercise of his own discretion, sign or reject this AGREEMENT at any time before the
expiration of the twenty -one (21) days;
(d) The waivers and releases set forth in this AGREEMENT shall not apply to
any rights or claims that may arise under the ADEA and /or OWBPA after the EFFECTIVE
DATE of this AGREEMENT;
(e) WILLMORE has been advised by this writing that he should consult with
an attorney prior to executing this AGREEMENT;
(f) WILLMORE has discussed, or had the opportunity to discuss, this waiver
and release with, and been advised with respect thereto by, his counsel of choice, and that he
does not need any additional time within which to review and consider this AGREEMENT;
(g) WILLMORE has seven (7) days following his execution of this
AGREEMENT to revoke the AGREEMENT;
I.Ab122891 v -2-
34,
4i34•ei.,JI
(h) Notice of revocation within the seven (7) day revocation period must be
provided, in writing, to the CITY pursuant to this paragraph and must state, "I hereby revoke my
acceptance of our `Separation and Release Agreement;` and
(i) This AGREEMENT shall not be effective until all parties have signed the
AGREEMENT and ten (10) days have passed since WILLMORE's execution of the
AGREEMENT (the "EFFECTIVE DATE ").
5. RELEASE
In exchange for the payment, representations and covenants made herein, and
except only as to such rights or claims as may be created by this AGREEMENT, WILLMORE
hereby, and for his heirs, representatives, successors, and assigns, releases, acquits, and forever
discharges the CITY, and all of its agents, officers, current and former elected and appointed
officials, current and former employees, representatives, insurers, attorneys, and all persons
acting by, through, under, or in concert with any of them, and each of them, from any and all
claims (including without limitation all claims for workers compensation benefits, if any),
charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs,
losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any
nature whatsoever, known or unknown, suspected or unsuspected, which WILLMORE now has
or may acquire in the future, which relate to or arise out of any act, omission, occurrence,
condition, event, transaction, or thing which was done, omitted to be done, occurred (including
without limitation any circumstance(s) giving rise to liability for workers compensation benefits)
or was in effect at any time from the beginning of time up to and including the EFFECTIVE
DATE of this AGREEMENT ( "CLAIMS "), without regard to whether such CLAIMS arise
under the federal, state or local constitutions, statutes, rules, ordinances or regulations, workers
compensation statutes or the common law. WILIMORE expressly acknowledges that the
CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to,
claims related to the DISPUTES, his employment with the CITY and its cessation, any claims
for wages, overtime or benefits (including without limitation workers compensation benefits),
any alleged breach of any duty, any alleged employment discrimination, harassment, retaliation
or unlawful discriminatory act, any alleged breach of any express or implied employment
contract, breach of any duty arising out of contract, statute, regulation, ordinance or tort,
constructive discharge, wrongful termination or constructive discharge in violation of public
policy, or any claim or cause of action including, but not limited to, any and all claims whethis
arising under any federal, state or local law prohibiting or respecting wrongful termination,
breach of employment contract, or employment discrimination, employee injury, death, workers
compensation, wrongful hiring, harassment or retaliation based upon sex, race, age, color,
religion, handicap or disability, national origin or any other protected category or characteristic,
including but not limited to the Federal Fair Labor Standards Act, the California Fair
Employment and Housing Act, the Americans With Disabilities Act, Title VII of the Civil Rights
Act of 1964, and any other federal, state, or local human rights, civil rights, or employment
discrimination or employee rights statute, rule, regulation, ordinance or decisional law.
Additionally, the CITY hereby agrees not to initiate, or proceed with any actions,
causes of action, claims, etc., that could be or that have been asserted against WILLMORE
arising out of WILLMORE' employment with the CITY, in any forum, whatsoever. To the
LA 0 12289 1 v -3-
3z'J
4'1 3 4 • a ..i
extent that any such actions, causes of action, claims, etc., arc, or become pending in any forum
whatsoever, the CITY agrees to execute all documents necessary for the withdrawal of such
actions, causes of action, claims, with prejudice, forthwith.
6. UNKNOWN CLAIMS
6.1 WILLMORE' on the one hand, and the CITY, on the other hand, each
hereby waive and release any rights which the other and its successors, heirs, executives,
administrators, may have directly or indirectly, if any, jointly or severally, directly or
indirectly, under the provisions of California Civil Code section 1542, and any similar state
or federal statute, which reads in sum, substance or substantial part as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.
6.2 WILLMORE and the CITY acknowledge that the facts with respect to
which each gives this GENERAL RELEASE may turn out to be different from the facts they
now believe to be true. WILLMORE and the CITY hiseby assume the risk of the facts
turning out to be different, and agree that this AGREEMENT shall in all respects be effective
and not subject to termination or rescission because of any such difference in facts.
7. WAIVER OF ADDITIONAL CLAIMS
WILLMORE and the CITY hereby waive any provisions of state or federal law
that might require a more detailed specification of the claims being released pursuant hereto.
8. REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represent and warrant and agree with
each other party as follows:
8.1 No Other Claims: WILLMORE and the CITY hiseby represent and
warrant that WILLMORE nor the CITY has not filed, nor will they file in the future, any
complaint, charge, claim, legal action, or proceeding arising out of WILLMORE'
employment with the CITY, the DISPUTES or the CLAIMS released hereby or in any way
related to his employment with the CITY or separation therefrom with any court, agency,
board, hearing officer or tribunal against the CITY or any of its agents, officers, current and
former elected or appointed officials, current and former employees, representatives,
insurers, attorneys, and all persons acting by, through, under, or in concert with any of them.
WILLMORE retains his right to request indemnification from the City pursuant to California
Government Code Section 825 et seq. with respect to any action brought against
WILLMORE in his capacity as an employee.
8.2 Advice of Counsel: Each party has received, or has had the opportunity to
receive, independent legal advice from their respective attorney(s) with respect to the
1.A 4122891 v1 -4-
3zrk
4i 34•..14
advisability of making the settlement and releases provided herein, with respect to the
advisability of executing this AGREEMENT, and with respect to the meaning of California
Civil Code section 1542.
8.3 No Fraud in Inducement: No party (nor any officer, agent, employee,
representative, or attorney of or for any party) has made any statement or representation or
failed to make any statement or representation to any other party regarding any fact relied
upon in entering into this AGREEMENT, and neither party relies upon any statement,
representation, omission or promise of any other party (or of any officer, agent, employee,
representative, or attorney of or for any party) in executing this AGREEMENT, or in making
the settlement provided for herein, except as expressly stated in this AGREEMENT.
8.4 Independent Investigation: Each party to this AGREEMENT has made
such investigation of the facts pertaining to this severance and settlement and this
AGREEMENT and all the matters pertaining hereto as it deems necessary.
8.5 Comprehension and Authority: Each party or responsible officer thereof
has read this AGREEMENT and understands the contents hereof. Any of the officers
executing this AGREEMENT on behalf of the CITY are empowered to do so and thereby
bind the entity.
8.6 Mistake Waived: In entering into this AGREEMENT and the severance
and settlement provided for herein, each party assumes the risk of any misrepresentation,
concealment or mistake. If any party should subsequently discover that any fact relied upon
by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it,
or that its understanding of the facts or of the law was incorrect, such party shall not be
entitled to rescind or set aside the AGREEMENT. This AGREEMENT is intended to be and
is final and binding between the parties, regardless of any claims of misrepresentation,
promise made without the intent to perform, concealment of fact, mistake of fact or law, or
any other circumstance whatsoever.
8.7 Later Discovery: WILLMORE and the CITY are aware that they may
hereafter discover claims or facts in addition to or different from those they now know or
believe to be true with respect to the matters related herein. Nevertheless, it is both parties
intention to fully, finally and forever settle and release all such matters, and all claims
relative hereto, which do now exist, may exist or have previously existed between both
parties. In furtherance of such intention, the releases given here shall be and remain in effect
as full and complete releases of all such matters, notwithstanding the discovery or existence
of any additional or different claims or facts relative thereto.
8.8 Ownership of Claims: WILLMORE represents and warrants as a material
term of this AGREEMENT that he has not heretofore assigned, transferred, released or
granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by
this AGREEMENT. In executing this AGREEMENT, WILLMORE further represents and
warrants that none of the CLAIMS released by his hereunder will in the future be assigned,
conveyed, or transferred in any fashion to any other person and /or entity.
LA 0 12289 1 v
-5-
3z. 1
4134•, .J
8.9 Future Cooperation: The parties will execute all such further and
additional documents as shall be reasonable or necessary to carry out the provisions of this
AGREEMENT.
9. MISCELLANEOUS
9.1 No Admission: Nothing contained herein shall be construed as an
admission by the parties of any liability of any kind. The parties each deny any liability in
connection with any claim or wrongdoing. Each party also intends hereby solely to amicably
resolve all matters between the parties.
9.2 Governinp,Law: This AGREEMENT and the rights and obligations of the
parties shall be construed and enforced in accordance with, and governed by, the laws of the
State of California. The venue for any dispute arising out of or relating to this
AGREEMENT shall be the Los Angeles Superior Court.
9.3 Full Integration: This AGREEMENT is the entire agreement between the
parties with respect to the subject matter hereof and supersedes all prior and
contemporaneous oral and written agreements and discussions. This AGREEMENT may be
amended only by a further agreement in writing, signed by the parties hereto.
9.4 Conti nuing_Benefit: This AGREEMENT is binding upon and shall inure
to the benefit of the parties hereto, their respective agents, employees, representatives.
officers, and officials.
9.5 Joint Drafting: Each party has cooperated in the drafting and preparation
of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the
same shall not be construed against any party.
9.6 Severability: In the event that any term, covenant, condition, provision or
agreement contained in this AGREEMENT is held to be invalid or void by any court of
competent jurisdiction, the invalidity of any such term, covenant, condition, provision or
agreement shall in no way affect any other term, covenant, condition, provision or agreement
and the remainder of this AGREEMENT shall still be in full force and effect.
9.7 Titles: The titles included in this AGREEMENT are for reference only
and are not part of the terms of this AGREEMENT, nor do they in any way modify the terms
of this AGREEMENT.
9.8 Counterparts: This AGREEMENT may be executed in counterparts, and
by facsimile and when each party has signed and delivered at least one such counterpart, each
counterpart shall be deemed an original, and, when taken together with other signed
counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective
as to all parties.
LA 11122891 v
Ka
3z- nn
4134•..J
9.9 Executed Couy: All parties shall receive a fully executed copy of this
AGREEMENT.
9.10 Notice: Any and all notices given to any party under this
AGREEMENT shall be given as provided in this paragraph. All notices given to either party
shall be made by certified or registered United States mail, or personal delivery, at the
noticing party's discretion, and addressed to the parties as set forth below. Notices shall be
deemed, for all purposes, to have been given on the date of personal service or three (3)
consecutive calendar days following deposit of the same in the United States mail.
As to WILLMORE:
DOUGLAS WILLMORE
As to the CITY:
Attn: City Clerk
City of El Segundo
350 Main Street
El Segundo, California 90245 .
WHEREFORE, the parties hereto have read all of the foregoing, understand the
same, and agree to all of the provisions contained herein.
DATED:
DATED:
LA k 122891 v i
CITY OF EL SEGUNDO
MAYOR
DOUGLAS WILLMORE
By:
-7-
DOUGLAS WILLMORE
3z- n
APPROVED AS TO FORM:
By:
CITY ATTORNEY
02416- doc.doc/sjm
LA # 122891 v I
-8-
4�i34, •� �
,3z D
6. Consideration and possible action regarding approval of a
Memorandum of Understanding (Labor Agreement) between the City
of El Segundo and the El Segundo City Employees' Association.
(Fiscal Impact: Estimated Savings for Fiscal Year 2011/2012 of
$363,713)
Recommendation - 1) Adopt the Resolution approving the Memorandum
of Understanding; 2) Alternatively, discuss and take other action related to
this item.
TO BE DELIVERED UNDER SEPARATE COVER
n
33
7. Consideration and possible action regarding adoption of a
Resolution for CalPERS Employer Paid member Contributions
(EPMC) for City Employees' of Association. (Fiscal impact: Estimated
Savings Fiscal year 201
Recommendation — 1) Adopt the Resolution, 2) Alternatively, discuss and
take other action related to this item.
TO BE DELIVERED UNDER SEPARATE COVER
Ma
EL SEGUNDO CITY COUNCIL MEETING DATE: November 15, 2011
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action to direct staff to initiate tia Request Apartments. a Proposal process to identify a
property management company to manage The Park
(Fiscal Impact: Approximately $148,000 per year — No General Fund)
RECOMMENDED COUNCIL ACTION:
1. Direct staff to initiate the Request for Proposal process; or
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. None
FISCAL IMPACT: $148,000 per year— No General Fund
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
PREPARED BY: Alison Fiorini, Recreation Supervisor
REVIEWED BY: Bob Cummings, Director of Recreation and Parksl
APPROVED BY: Doug Willmore, City Manager
BACKGROUND & DISCUSSION:
The contract between the El Segundo Senior Citizen Housing Corporation Board and Cadman Group
was originally executed in October 2004 and in 2007 an amendment was approved to extend the
contract into 2011. At this time, the current contract can be extended or staff can initiate a Request for
Proposal process for the future management of the facility.
At the October 26, 2011 regular Senior Citizen Housing Corporation meeting, the City staff liaison
recommended to the Board the option of seeking bids to ensure the residents of Park Vista are receiving
the best service possible and the City is receiving the best value possible, and to provide due diligence
due to the length of time since the original proposals were accepted. The Board expressed satisfaction
with the current management and passed a motion to amend the existing agreement with the Cadman
Group for management and operation of the Park Vista Senior Apartments for the next 3 years.
Since the contract was originated in 2004, the Cadman Group has received an annual fee of $134,688.
The proposed contract amendment with the Cadman Group includes an approximate 10% increase in
management fees for an approximate total of $148,000 for each of the next 3 years.
Although staff believes Cadman Group has provided good service, we now have the opportunity to bid
the property management services at Park Vista for the first time in 7 years and either validate that
Cadman Group is providing cost - effective services or evaluate other property management services.
( 'j i_t