2011 OCT 04 - 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, OCTOBER 4, 2011 — 5:00 P.M.
Next Resolution # 4735
Next Ordinance # 1465
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.
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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- matters
1. City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
2. NSA Construction vs. City of El Segundo, LASC Case No. BC438182
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): - 2 -
matter.
1. Wyle Claim
2. David and Carie Oulashian, 910 Eucalyptus Drive
Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 2- matter
1. Employee Evaluation
Position: City Manager
2. 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): -6-
matters
1. Represented Group: Police Support Services Employees Association (PSSEA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
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2. Represented Group: City Employees Association (CEA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
3. Represented Group: Firefighters Association (FFA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
4. Represented Group: Police Officers Association (POA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
5. Represented Group: Police Managers Association (PMA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
6. Unrepresented Group: Executive Management Staff (includes all employees not
in bargaining units)
Negotiator: Mark Hensley, City Attorney
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
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 2:00
Tuesday). The request must include a brief general description of the business to be transactedr�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, OCTOBER 4, 2011 - 7:00 P.M.
Next Resolution # 4735
Next Ordinance # 1465
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor John Svendsen, First Baptist Church
PLEDGE OF ALLEGIANCE — Council Member Suzanne Fuentes
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PRESENTATIONS
(a) Proclamation — Proclaim October 12th as El Segundo Herald Day in El Segundo
to recognize the El Segundo Herald for 100 years of service
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 ormore 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)
Consideration and possible action to open a public hearing and receive
testimony regarding: 1) an Environmental Assessment; and 2) the South
Bay Bicycle Master Plan. Applicant: City Initiated (Fiscal Impact: N /A)
Recommendation — 1) Open the public hearing; 2) Discussion; 3) Adopt draft
resolution approving Environmental Assessment No. 938 and the South Bay
Bicycle Master Plan; 4) Alternatively, discuss and take other possible action
related to this item.
2. Consideration and possible action to conduct a public hearing and adopt a
Resolution approving the 2010 Urban Water Management Plan (UWMP) for
the City of El Segundo municipal water system (Fiscal Impact: None)
Recommendation — 1) Open Public Hearing; 2) Discussion; 3) Adopt the
Resolution approving the City of El Segundo 2010 UWMP; 4) Alternatively,
discuss and take other action related to this item.
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
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E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
3. Warrant Numbers 2584173 to 2584381 on Register No. 24 in the total
amount of $701,236.90 and Wire Transfers from 09/09/11 through 09/22/11
in the total amount of $1,878,618.84.
Recommendation — Approve Warrant Demand Register and authorize staff to
release. Ratify Payroll and Employee Benefit checks; checks released early due
to contracts or agreement; emergency disbursements and /or adjustments; and
wire transfers.
4. Regular City Council Meeting Minutes of September 20, 2011 and Special
City Council Meeting Minutes of September 28, 2011
Recommendation — Approval.
5. Consideration and possible action regarding second reading of Ordinance
No. 1464 amending the El Segundo Municipal Code § 1 -6 -4 Regarding
Employment Exclusions from Civil Service to include the Economic
Development Analyst.
Recommendation — 1) Second reading by title only and adoption of Ordinance
No. 1464; 2) Alternatively, discuss and take other action related to this item.
6. Consideration and possible action regarding approval of a Funding
Agreement ( "FA ") between the City of El Segundo and the Los Angeles
County Metropolitan Transportation Authority (LACMTA) setting the terms
for the receipt of Measure R grant funds in the amount of $2,500,000 for the
design and construction of Maple Avenue Arterial Improvements Project
between Sepulveda Boulevard and Parkview Avenue.
Metro Project ID No. MR312.22 and FTIP # LAOG727.
Fiscal Impact: Measure R Grant Revenue of $2,500,000)
Recommendation — 1) Approve Funding Agreement; 2) Authorize the City
Manager to execute the FA, approved by the City Attorney; 3) Alternatively,
discuss and take other action related to this item.
7. Consideration and possible action to adopt a resolution to abandon an
existing water easement at 616 and 620 West Imperial Avenue. (Fiscal
Impact: None)
Recommendation — 1) Adopt the proposed resolution of intention to abandon an
existing water easement; 2) Alternatively, discuss and take other action related to
this item
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8. Consideration and possible action regarding a request for an
Administrative Use Permit to allow the on -site sale and consumption of
alcohol (Type 47 — On Sale General for Bona Fide Public Eating Place and
Type 58 — Caterer's Permit) at an existing restaurant within an existing 20-
story office tower (Pacific Corporate Towers) located at 222 North
Sepulveda Boulevard. Applicant: Hillary Condren (Fiscal Impact N /A)
Recommendation — 1) Receive and file this report without objecting to approval
of a Type 47 (On -sale General for Bona Fide Public Eating Place) and Type 58
(Caterer's Permit) ABC license for a restaurant within an office building with
outdoor dining at 222 North Sepulveda Boulevard; and /or; 2) Alternatively,
discuss and take other possible action related to this item.
9. Consideration and possible action in response to notification that a request
has been filed with the Department of Alcohol Beverage Control for a
modification of an existing Alcoholic Beverage Control (ABC) license for
on -site sale and consumption of alcohol to convert from a Type 41 ABC
License (On -Sale Beer and Wine) to a Type 47 ABC License (On -Sale Beer,
Wine, and Distilled Spirits) and to expand the hours of operation at an
existing restaurant located at 223 Richmond Street (Second City Bistro).
Applicant: Scott Reed (Fiscal Impact: N /A)
Recommendation — 1) Receive and file this report without objecting to the
issuance of a Type 47 ABC license at 223 Richmond Street; 2) Alternatively,
discuss and take other possible action related to this item.
10. Consideration and possible action regarding a request from El Segundo
Lacrosse to reduce field fees to $50 per hour while hosting a Lacrosse
Spring Break Program for teams across the country from February 12,
2012, through April 21, 2012. (Fiscal Impact: $22,500 Revenue; $45,000
Uncollected Revenue)
Recommendation — 1) Approve the request from El Segundo Lacrosse to receive
reduced field fees; 2) Alternatively, discuss and take other action related to this
item.
11. Consideration and possible action to (1) grant California Construction &
Development's (CCD) request to withdraw its bids in accordance with
Public Contract Code Section 58101 and (2) award a contract to Best
Contracting Services, Inc. for Miscellaneous Roof Repairs at George E.
Gordon Club House, the City Library and the Urho Saari Swim Stadium.
(Fiscal Impact: $200,000.00)
Recommendation — 1) Grant California Construction & Development's (CCD)
request to withdrawal its bid 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 to Best Contracting Services, Inc., in
the amount of $190,500.00; 3) Alternatively, discuss and take other action related
to this item
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12. Consideration and possible action regarding approval of a Memorandum of
Understanding (Labor Agreement) between the City of El Segundo and the
El Segundo Firefighters' Association.
(Fiscal Impact: Estimated Savings FY 2011/2012 of $ 997,430)
Recommendation — 1) Adopt the Resolution approving the Memorandum of
Understanding; 2) Alternatively discuss and take other action related to this item.
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 Managers' Association.
(Fiscal Impact: Estimated Savings FY 2011/2012 of $ 205,490 24)
Recommendation — 1) Adopt the Resolution approving the Memorandum of
Understanding; 2) Alternatively discuss and take other action related to this item.
14. Consideration and possible action regarding approval of a Memorandum of
Understanding (Labor Agreement) between the City of El Segundo and the
El Segundo Police Officers' Association.
(Fiscal Impact: Estimated Savings FY 2011/2012 of $1,059,921.37)
Recommendation — 1) Adopt the Resolution approving the Memorandum of
Understanding; 2) Alternatively discuss and take other action related to this item.
15. Consideration and possible action to adopt a resolution amending the
benefits for the City's Management Confidential Group (unrespresented
employees).
(Fiscal Impact: Estimated Savings FY 2011/2012 of $256,077.00)
Recommendation - 1) Adopt resolution amending the benefits for the City's
Management Confidential employees; or 2) Alternatively discuss and take other
action related to this item.
16. Consideration and possible action to adopt a resolution regarding salary
and benefit concessions by the City's unrepresented group of Executive
employees.
(Fiscal Impact: Estimated Savings FY 2011/2012 of $133,398)
Recommendation — 1) Adopt resolution approving the following: a. non - safety
Department Heads pay seven percent (7 %) of the PERS Member Contribution
and b. Public Safety Department Heads pay nine percent (9 %) of the PERS
Member Contribution; 2) Alternatively discuss and take other action related to
this item.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
G. REPORTS — CITY MANAGER
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 —
17. Consideration and possible action to direct staff to prepare a zone text
amendment to allow mechanical equipment and other accessory structures
to encroach into interior (side and rear) yards in commercial and industrial
zone districts. (Fiscal Impact: none)
Recommendation — 1) Direct staff to prepare a draft zone text amendment
amending El Segundo Municipal Code (ESMC) §15 -2 -7 to allow mechanical
equipment and other accessory structures to encroach into interior (side and
rear) yards in commercial and industrial zone districts; and /or 2) Alternatively,
discuss and take other action related to this item.
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 —
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CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et sue.) 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: `Jc:?T•:r�1�6�� z�j , .Z.j� 1
TIME: 14I . X6 PM
NAME:
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Proclamation proclaiming October 12, 2011 as
El Segundo Herald Day in El Segundo.
C1
EL SEGUNDO CITY COUNCIL MEETING DATE: October 4, 2011
AGENDA STATEMENT AGENDA HEADING: Special Orders of Business — Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to open a public hearing and receive testimony regarding: 1)
an Environmental Assessment; and 2) the South Bay Bicycle Master Plan. Applicant: City
Initiated (Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
1. Open the public hearing;
2. Discussion;
3. Adopt draft resolution approving Environmental Assessement No. 938 and the South
Bay Bicycle Master Plan;
4. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1, Draft Resolution
2. Planning Commission staff report dated September 8, 2011 and attachments
3. Draft South Bay Bicycle Master Plan (available on CD in the City Clerk's office)
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager
REVIEWED BY: Greg Carpenter, Director of Planning and Building Safety
APPROVED BY: Doug Willmore, City Manager
BACKGROUND AND DISCUSSION:
On September 8, 2011, the Planning Commission held a public hearing on the proposed
Environmental Assessment and South Bay Bicycle Master Plan. After receiving testimony and
documentary evidence, the Commission adopted Resolution No. 2702, recommending that the
City Council approve Environmental Assessment No. 938 and the South Bay Bicycle Master
Plan.
I. Introduction
The City of El Segundo is participating in a regional planning effort to develop and maintain a
comprehensive bicycle network and set of programs for the South Bay region. The goal of this
effort is to produce a South Bay Bicycle Master Plan (Master Plan) for the seven participating
cities. The seven South Bay cities participating in the planning effort are: El Segundo, Gardena,
Hermosa Beach, Lawndale, Manhattan Beach, Redondo Beach and Torrance. This effort is
coordinated by the South Bay Bicycle Coalition, an advocacy group engaged in improving
bicycle infrastructure and developing and facilitating implementation of policies to ensure
cycling safety and convenience. Funding for this effort is provided by the Los Angeles County
Department of Public Health under its RENEW program (Renew Environments for Nutrition,
Exercise and Wellness). This funding has made it possible to hire a planning consultant Alta
Planning + Design ( "Alta ") to help with public outreach, research, analysis, and preparation of
the Master Plan. The consultant team and staff from the seven participating cities prepared a
draft Master Plan for review and approval by each individual city.
II. Background
In March 2010, the Los Angeles County Department of Public Health (DPH) awarded the
RENEW grant to the partnership of the South Bay Bicycle Coalition (SBBC) and the Los
Angeles County Bicycle Coalition (LACBC) to develop the South Bay Bicycle Master Plan
(Master Plan). The Master Plan's purpose is to regionally connect the cities of El Segundo,
Gardena, Hermosa Beach, Lawndale, Manhattan Beach, Redondo Beach and Torrance via a
bicycle network, which will improve the health, environment and quality of life for the region.
While El Segundo and many of the other participating cities have existing bicycle plans,
implementation of those bicycle plans has not been prioritized or coordinated with surrounding
jurisdictions. As a result, the existing bicycle network in the South Bay suffers from a lack of
connectivity and uniformity. The Master Plan is focused on rectifying these challenges.
On September 21, 2010, the El Segundo City Council adopted Resolution No. 4684 authorizing
city staff to work on the Master Plan. Specifically, the City Council resolved as follows:
1. The City Council endorsed the Master Plan Project.
2. The City agreed to provide a staff liaison to accomplish all tasks and technical assistance for
which the City is involved, including coordinating as necessary with other City departments
involved in the Master Plan.
3. The City agreed to appoint Mayor Eric Busch and Council Member Don Brann to serve on
the Blue Ribbon Advisory Committee of the Master Plan.
In the Fall of 2010, the seven participating cities began coordination meetings with a consultant
team (ALTA Planning + Design), with the objective of completing the planning process in the
Fall of 2011 and starting the implementation phase by 2012. The coordinating team has
completed the following tasks to date:
1. Bicycle counts at intersections in all the participating cities (November, 2010).
2. Surveys /interviews of bicyclists in all the participating cities.
3. The first round of community workshops (January 2011).
4. An Existing Conditions Report on the existing bicycle network and bicycle plans /policies in
the participating cities (January - February 2011).
5. A draft of the Goals, Policies, and Objectives for the Master Plan (March 2011).
6. A draft of the Master Plan for public review (June 2011).
7. The second round of community workshops (June 2011).
8. A final draft of the Master Plan for review and approval (August 2011).
The Master Plan has been an all - inclusive collaborative process, with regular meetings with city
staff, elected officials, and community members. There have been two rounds of public
workshops in each of the seven cities, which have been publicized and promoted through a wide
variety of mediums. The primary objective has been a well - informed and fully vetted Master
Plan.
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The final draft incorporates suggestions gathered from city staff and the community from three
different rounds of document review. The Master Plan provides guidelines for improving the
prioritization of bicycling and its supporting infrastructure beyond the current conditions in the
South Bay. Specifically, the Master Plan proposes an expanded bikeway network and associated
policies and programs to which each participating city may refer in implementing bicycle facility
improvements. The Master Plan is divided into regional policies, recommended programs that
will aid in meeting those policies, and conceptual regionally- consistent signage improvements.
The Master Plan also includes individual chapters devoted to existing conditions, baseline data,
and proposed improvements for each participating city.
The RENEW grant term extends through March of 2012, during which the final phase of the
grant will include coordination of initial policy implementation and assistance with grant funding
applications for infrastructure improvements, as needed and appropriate.
Starting in September 2011, each of the participating cities will hold public hearings to formally
review and approve the Master Plan. Implementation of the Master Plan will begin immediately
after its approval by all participating cities.
On September 8, 2011, the El Segundo Planning Commission held a public hearing and adopted
Resolution No. 2702 recommending City Council approval of the Master Plan
III. Analysis
Purpose of the South Bay Bicycle Master Plan
The purpose of the Master Plan is to provide: a) a broad vision and specific strategies and actions
to improve bicycling conditions; b) direction for expanding the existing network and to improve
connectivity within and between cities; and c) recommendations for education, encouragement,
enforcement, and evaluation programs. The overall goal is to increase the numbers of new
bicyclists and bicycle trips in the region by providing a safer bicycling environment.
Key Elements of the Master Plan
1. Common Goals Objectives and Policies. The Master Plan establishes a set of common
goals, objectives, and policies for all the participating cities. For example, the Master
Plan recommends that cities should include bicycle travel considerations in roadway
planning, design, construction, and maintenance. Also, the Master Plan recommends that
cities establish and enforce regulations regarding bicycle parking and storage facilities.
2. Proposed Bicycle Network. The Master Plan includes a proposed bicycle network for
each participating city, which expands each city's existing network and connects it to the
bicycle networks of adjacent jurisdictions (cities and county). For El Segundo, the
Master Plan recommends an expansion of the existing bicycle network from
approximately 5.5 miles of bikeways to 21.3 miles. The proposed network includes 1.2
miles of Class 1 Bike Paths, 8.7 Class 2 Bike Lanes, 5 miles of Class 3 Bike Routes, and
6.4 miles of Bike Friendly Streets (Bike Boulevards).
3. Recommended Programs. The Master Plan includes a list of recommended programs for
all the participating cities to help educate people about bicyclists' rights and
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responsibilities, and safe bicycle operation, as well as encourage residents to bicycle
more frequently. The recommended programs include education programs, public
awareness campaigns and marketing, enforcement programs, and monitoring and
evaluation methods. Each city can choose any or all of these programs based on its
particular needs and resources.
Further discussion and analysis of the key Master Plan elements can be found in the attached
Planning Commission staff report (See Attachment No. 2) and the draft South Bay Bicycle
Master Plan (See Attachment No. 3).
Benefits
The proposed Master Plan will have several potential benefits for the City. Implementation of
the Master Plan will: 1) expand the existing bicycle network in the City; 2) connect El Segundo's
bicycle network to the neighboring South Bay cities; 3) help increase bicycle ridership; 4) help
reduce motor vehicle emissions as bicycle ridership increases; 5) benefit the City financially
through an increase in sales tax revenue; and 6) provide increased opportunities for grant funding
related to bicycle improvements.
General Plan and Municipal Code Consistency
On September 8, 2011, the Planning Commission determined that the City Council can make the
necessary findings to adopt the draft Resolution. The findings are discussed in Planning
Commission Resolution No. 2702 (See Attachment No. 2).
IV. Planning Commission Hearing and Public Input
The Planning Commission held its public hearing on the proposed Master Plan on September 8,
2011. One speaker expressed support for the proposed Master Plan. The speaker emphasized
the traffic, environmental, health, and financial benefits related to the Master Plan. One letter of
support for the Master Plan was submitted to the Planning and Building Safety Department for
consideration by the Planning Commission.
The Commission briefly discussed and expressed support for the proposed Master Plan. The
Commission recommended approval of the proposed Master Plan.
V. Environmental Review
Approval of the proposed Master Plan does not require environmental review pursuant to the
California Environmental Quality Act (CEQA) because it is not a "project" as defined by CEQA.
Approving the South Bay Bicycle Master Plan does not adopt new regulations, amend the El
Segundo Municipal Code, or amend the General Plan. Furthermore, even if the South Bay
Bicycle Master Plan were considered a project, it is exempt from the requirements of CEQA
pursuant to 14 California Code of Regulations § 15262 as a statutory exemption (Feasibility and
Planning Studies) and § 15304 as a categorical exemption (Minor Alterations to Land).
0154
VI. Recommendation
Planning staff recommends that the City Council adopt the attached draft Resolution approving
Environmental Assessment No. EA -938 and the South Bay Bicycle Master Plan.
PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Planning) \926 - 950 \EA - 938 \City Council 10042011\EA -938 South Bay Bicycle
Master Plan CC Report 10042011 doe
RESOLUTION NO.
A RESOLUTION APPROVING ENVIRONMENTAL ASSESSMENT EA-
938 AND THE SOUTH BAY BICYCLE MASTER PLAN.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council incorporates by reference all of the findings and
conclusions set forth in Planning Commission Resolution No. 2702 as if fully set forth,
and further resolves that:
A. On September 8, 2011, the Planning Commission adopted Resolution No.
2702, recommending City Council approval of Environmental Assessment
No. 938 and the South Bay Bicycle Master Plan; and
B. This Resolution and its findings are made based upon the evidence
presented to the City Council at its October 4, 2011 hearing including,
without limitation, the staff report submitted by the Planning and Building
Safety Department.
SECTION 2: Approvals. The City Council approves Environmental Assessment No.
938 and the South Bay Bicycle Master Plan.
SECTION 3: Reliance on Record. Each and every one of the findings and
determinations in this Resolution are based on the competent and substantial evidence,
both oral and written, contained in the entire record relating to the project. The findings
and determinations constitute the independent findings and determinations of the City
Council in all respects and are fully and completely supported by substantial evidence in
the record as a whole.
SECTION 4: 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
knowledge of future events. In all instance, 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 5: Summaries of Information. All summaries of information in the findings
which precede this section are based on the substantial evidence in the record. The
absence of any particular fact from any such summary is not an indication that a
particular finding is not based in part on that fact.
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SECTION 6: This Resolution will remain effective unless superseded by a subsequent
resolution.
PASSED AND ADOPTED this 4th day of October, 2011.
Eric Busch, Mayor
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
Resolution No. was duly introduced by said City Council at a regular meeting held
on the 4th day of October, 2011, 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 4th day of October, 2011, 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
By:
Karl H. Berger, Assistant City Attorney
PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \926 - 950 \EA - 938 \City Council 10042011 \EA -938 South Bay
Bike Plan CC reso 10042011.doc
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C.►18
CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING: September 8, 2011
SUBJECT: The South Bay Bicycle Master Plan
REQUEST: Review and recommend City Council approval of
the South Bay Bicycle Master Plan
PROPERTY INVOLVED: Citywide
APPLICANT: City of El Segundo
Introduction
The City of El Segundo is participating in a regional planning effort to develop and
maintain a comprehensive bicycle network and set of programs for the South Bay
region. The goal of this effort is to produce a South Bay Bicycle Master Plan (Master
Plan) for the seven participating cities. The seven South Bay cities participating in
the planning effort are: El Segundo, Gardena, Hermosa Beach, Lawndale,
Manhattan Beach, Redondo Beach and Torrance. This effort is coordinated by the
South Bay Bicycle Coalition, an advocacy group engaged in improving bicycle
infrastructure and developing and facilitating implementation of policies to ensure
cycling safety and convenience. Funding for this effort is provided by the Los
Angeles County Department of Public Health under its RENEW program (Renew
Environments for Nutrition, Exercise and Wellness). This funding has made it
possible to hire a planning consultant Alta Planning + Design ( "Alta ") to help with
public outreach, research, analysis, and preparation of the Master Plan. The
consultant team and staff from the seven participating cities prepared a draft Master
Plan for review and approval by each individual city.
Recommendation
Planning staff recommends that the Planning Commission review the facts and
findings as contained within this report, provide comments, and adopt Resolution
No. 2702 recommending City Council approval of the South Bay Bicycle Master
Plan.
0111
111. Background
In March 2010, the Los Angeles County Department of Public Health (DPH)
awarded the RENEW grant to the partnership of the South Bay Bicycle Coalition
(SBBC) and the Los Angeles County Bicycle Coalition (LACBC) to develop the
South Bay Bicycle Master Plan (Master Plan). The Master Plan's purpose is to
regionally connect the cities of El Segundo, Gardena, Hermosa Beach, Lawndale,
Manhattan Beach, Redondo Beach and Torrance via a bicycle network, which will
improve the health, environment and quality of life for the region. While El Segundo
and many of the other participating cities have existing bicycle plans,
implementation of those bicycle plans has not been prioritized or coordinated with
surrounding jurisdictions. As a result, the existing bicycle network in the South Bay
suffers from a lack of connectivity and uniformity. The Master Plan is focused on
rectifying these challenges.
On September 21, 2010, the El Segundo City Council adopted Resolution No. 4684
authorizing city staff to work on the Master Plan. Specifically, the City Council
resolved as follows:
1. The City Council endorsed the Master Plan Project.
2. The City agreed to provide a staff liaison to accomplish all tasks and technical
assistance for which the City is involved, including coordinating as necessary
with other City departments involved in the Master Plan.
3. The City agreed to appoint a City Council member to serve on the Blue Ribbon
Advisory Committee of the Master Plan.
In the Fall of 2010, the seven participating cities began coordination meetings with a
consultant team (ALTA Planning + Design), with the objective of completing the
planning process in the Fall of 2011 and starting the implementation phase by 2012.
The coordinating team has completed the following tasks to date:
1. Bicycle counts at intersections in all the participating cities (November, 2010).
2. Surveys /interviews of bicyclists in all the participating cities.
3. The first round of community workshops (January 2011).
4. An Existing Conditions Report on the existing bicycle network and bicycle
plans /policies in the participating cities (January- February 2011).
5. A draft of the Goals, Policies, and Objectives for the Master Plan (March 2011).
6. A draft of the Master Plan for public review (June 2011).
7. The second round of community workshops (June 2011).
8. A final draft of the Master Plan for review and approval (August 2011).
The Master Plan has been an all- inclusive collaborative process, with regular
meetings with city staff, elected officials, and community members. There have
been two rounds of public workshops in each of the seven cities, which have been
4
publicized and promoted through a wide variety of mediums. The primary objective
has been a well- informed and fully vetted Master Plan.
The final draft incorporates suggestions gathered from city staff and the community
from three different rounds of document review. The Master Plan provides
guidelines for improving the prioritization of bicycling and its supporting
infrastructure beyond the current conditions in the South Bay. Specifically, the
Master Plan proposes an expanded bikeway network and associated policies and
programs to which each participating city may refer in implementing bicycle facility
improvements. The Master Plan is divided into regional policies, recommended
programs that will aide in meeting those policies, and conceptual regionally -
consistent signage improvements. The Master Plan also includes individual
chapters devoted to existing conditions, baseline data, and proposed improvements
for each participating city.
The RENEW grant term extends through March of 2012, during which the final
phase of the grant will include coordination of initial policy implementation and
assistance with grant funding applications for infrastructure improvements, as
needed and appropriate.
Starting in September 2011, each of the participating cities will hold public hearings
to formally review and approve the Master Plan. Implementation of the Master Plan
will begin immediately after its approval by all participating cities.
IV. Analysis
Purpose of the South Bay Bicycle Master Plan
The purpose of the Master Plan is to provide: a) a broad vision and specific
strategies and actions to. improve bicycling conditions; b) direction for expanding the
existing network and to improve connectivity within and between cities; and c)
recommendations for education, encouragement, enforcement, and evaluation
programs. The overall goal is to increase the numbers of new bicyclists and bicycle
trips in the region by providing a safer bicycling environment.
The policies proposed in the Master Plan encourage the City to explore options that
improve safety, convenience and prominence of active transportation. There are
numerous available options for funding bikeways, including various local return
sources, aligning implementation with the CIP and grants from the local, state and
federal level. Many cities implement a vast majority of their bicycle plans by utilizing
outside grant funding sources.
There are numerous benefits of bicycle plan adoption beyond the improvement of
bicycle facilities and eligibility for additional grant funds. Cities that have adopted
and implemented bicycle plans similar to this one have experienced significant
3
increases in bicycle ridership, decreases in bicycle collisions and even increases in
property values. The proposals and recommendations in the Master Plan benefit all
types and levels of bicyclists: enthusiasts, novice riders, families, commuters.and
recreational riders alike.
Summary of the Master Plan
The Master Plan document includes 12 Chapters, which are briefly described below:
Chapter 1 — Introduction
The introduction provides some of the background related to the Master Plan
planning process, including a description of the different bicycle facility types, the
benefits of bicycling, the public participation process, and the plan's organization.
Chapter 2 — Goal, Objectives, and Policy Actions
This chapter lists the broad goals of the Master Plan, which are:
1. To create a bicycle - friendly South Bay.
2. To create a safer bicycling environment in the South Bay.
3. To ensure an enduring bicycling culture.
In addition to these goals, Chapter 2 lists the specific objectives and policies that
must be implemented in order to achieve the above - mentioned goals. Furthermore,
the chapter discusses the existing State and Regional regulatory framework related
to bicycle transportation. One of the key policies of the Master Plan (Policy No.
1.1.5) is to: "Incorporate the proposed policies, facilities and programs from the
South Bay Bicycle Master Plan in whole or by reference into the City's Circulation
Element upon future General Plan updates." The policy establishes a goal of
completing the General Plan update within 5 years. Another key policy is Policy
3.2.6 which establishes updates of the City's portion of the Master Plan every 5
years to maintain eligibility for additional funding.
Chapter 3 — El Segundo
This chapter includes analysis and recommendations that are specific to El
Segundo's bicycle network, programs, and regulations. The analysis is organized in
the following sections:
1. Existing conditions related to bicycle transportation in El Segundo. The existing
conditions discussion includes the existing land uses, bicycle trip generators,
regulations, bicycle network end -of -trip parking facilities, multi -modal
connections, education and enforcement strategies, and past bicycle - related
expenditures.
2. Analysis of the need for expanding El Segundo's bicycle network and amending
its related regulations. This analysis includes public outreach results, bicycle
commuter estimates and forecasts, bicycle count results, and bicycle collision
analysis.
4
021-
3. Proposed bicycle network. The bicycle network consists of a map of the
proposed bicycle facilities (bicycle paths, lanes, or routes) and a map of the
proposed end -of -trip bicycle facilities (bicycle parking, lockers, showers...).
Proposed bicycle network would add approximately 15.5 miles of bikeways to
the existing bicycle network. The additional bicycle facilities include the
following: a) a Bike Friendly Street along Loma Vista Street from Imperial
Avenue to Grand Avenue; b) a Bike Route along Main Street between Imperial
Highway and El Segundo Boulevard; c) a Bike Friendly Street along Center
Street between Imperial Avenue and El Segundo Boulevard; d) a Bike Route
along Nash Street between Imperial Highway and El Segundo Boulevard; and e)
a Bike Lane along Aviation Boulevard between Imperial Highway and Rosecrans
Avenue.
4. Project costs. The project costs are the planning level cost estimates to
implement the proposed bicycle network.
5. Project prioritization. This includes a prioritized list of bicycle projects to help
guide the City in implementing the proposed bicycle facilities.
Chapters 4 -9 include a similar analysis and recommendations for each of the other
six cities participating in the Master Plan planning effort.
Chapter 10 — Recommended Programs
This chapter discusses recommended programs for all the participating cities to help
educate people about bicyclists' rights and responsibilities, and safe bicycle
operation, as well as encourage residents to bicycle more frequently. The
recommended programs include education programs, public awareness campaigns
and marketing, enforcement programs, and monitoring and evaluation methods.
Each city can choose any or all of these programs based on its particular needs and
resources.
Chapter 11 Wayfinding and Signage Plan
The purpose of the signage plan is to convey information to bicyclists that they are
using a network that is continuous and easily navigable. It includes a wayfinding
system (maps and directional signs) that will direct bicyclists to major destinations in
the South Bay. The proposed signage will ultimately be placed on all existing and
proposed routes.
Chapter 12 Funding
This chapter lists and discusses available funding sources for cities to help with
implementation of the plan.
Municipal Code and General Plan Consistency
The Master Plan is consistent with the purpose of the El Segundo Municipal Code
(ESMC) zoning regulations and General Plan. Facts in support of this finding are
further outlined in the attached resolution of approval. However, certain sections
5
020
and General Plan Elements would need amending should the City Council seek to
implement the Master Plan in the future.
ESMC Chapters that would require amending include: Chapters 15 -15, 15 -16, and
15 -17 regulating Off - Street Parking and Loading Spaces, Developer Transportation
Demand Management, and Employer /Occupant Transportation Systems
Management. These ESMC chapters include requirements regarding minimum
number of and minimum standards for bicycle spaces on new and existing
developments. These requirements may be revised in the implementation phase of
the Master Plan.
In addition to the ESMC Chapters, the General Plan would also be affected by the
approval of the Master Plan, specifically the Circulation Element. The Circulation
Element currently contains goals, objectives, and policies regarding El Segundo's
transportation facilities. It also contains a discussion of bicycle facilities and a
proposed bicycle network map.
Environmental Review
Approving this Master Plan does not implement its recommendations. Additional
legislative actions are required to accomplish such implementation. Consequently,
adopting the proposed Resolution does not constitute a "project" under the
California Environmental Quality Act (CEQA). The City will be required to conduct
additional CEQA review should the City Council choose to consider legislative
actions to implement the Master Plan.
V. Conclusion
The Master Plan marks an exciting and progressive step forward as the first multi -
jurisdictional bicycle plan in California. Each participating city will become eligible
for additional infrastructure funding that they are not currently receiving. The Master
Plan serves as an aspirational document providing guidelines for increasing the
City's bike - ability.
Planning staff recommends that the Planning Commission review the facts and
findings as contained within this report and adopt Resolution No. 2702
recommending City Council approval of the South Bay Bicycle Master Plan.
�,
`1
VI. Exhibits
A. Draft Resolution No. 2702
B. The South Bay Bicycle Master Plan (excerpts of hard copy and CD of
entire document)
Prepared by: Paul Samaras, Principal Planner
4 � ,
I �-v�j
Kimberly Ch stensen, AICP, Planning Manager
Department Planning & Building Safety
Greg rpent , Director
Plan&fig and Building Safety Department
PAPlanning & Building Safety \0 Planning - Old\PLANNING FILES BY TOPIC \South Bay Bicycle Plan \Planning Commission -September 8,
2011 \South Bay Bicycle Plan PC staff report 09082011.doc
7
V2~
v
RESOLUTION NO. 2702
A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL
APPROVE ENVIRONMENTAL ASSESSMENT EA -938 AND THE
SOUTH BAY BICYCLE MASTER PLAN.
The Planning Commission of the City of El Segundo does resolve as follows:
SECTION 1: The Planning Commission finds and declares that:
A. In March 2010, the Los Angeles County Department of Public Health
(DPH) awarded the RENEW grant to the partnership of the South Bay
Bicycle Coalition (SBBC) and the Los Angeles County Bicycle Coalition
(LACBC) to develop the South Bay Bicycle Master Plan ( "Master Plan ");
B. The Master Plan is intended to regionally connect the South Bay cities of
El Segundo, Gardena, Hermosa Beach, Lawndale, Manhattan Beach,
Redondo Beach and Torrance via a bicycle network;
C. On September 21, 2010, the City Council approved Resolution No. 4684
authorizing city staff to work on the Master Plan;
D. In August 2011, the RENEW grant consultants and staff from the seven
participating cities completed a final draft of the Master Plan for review
and approval;
E. The Master Plan was reviewed by the City's Planning and Building Safety
Department for, in part, consistency with the General Plan and conformity
with the El Segundo Municipal Code ( "ESMC ");
F. The City reviewed the project's environmental impacts under the California
Environmental Quality Act (Public Resources Code §§ 21000, et seq.,
"CEQA'), the regulations promulgated thereunder (14 Cal. Code of
Regulations §§ 15000, et seq., the "CEQA Guidelines "), and the City's
Environmental Guidelines (City Council Resolution No 3805), adopted
March 16, 1993);
G. The Department of Planning and Building Safety completed its review and
scheduled a public hearing regarding the application before this
Commission for September 8, 2011;
H. On September 8, 2011, the Commission held a public hearing to receive
public testimony and other evidence regarding the Master Plan including,
without limitation, information provided to the Commission by City staff,
U2G
public testimony, and representatives of the South Bay Bicycle Coalition
(SBBC); and
This Resolution, and its findings, are made based upon the evidence
presented to the Commission at its September 8, 2011 hearing including,
without limitation, the staff report submitted by the Planning and Building
Safety Department.
SECTION 2: Factual Findings and Conclusions. The Commission finds that the
following facts exist:
A. The Master Plan will affect public and private properties in all seven
participating cities;
B. The Master Plan recommends amendments to the ESMC regarding the
required number, design, and standards for bicycle parking spaces on
private and public properties;
C. The purpose of the Master Plan is to provide 1) a broad vision and specific
strategies and actions to improve bicycling conditions; 2) direction for
expanding the existing network and improve connectivity within and
between cities; and c) recommendations for education, encouragement,
enforcement, and evaluation programs. The overall goal of the Master
Plan is to increase the numbers of new bicyclists and bicycle trips in the
region by providing a safer bicycling environment;
D. The Master Plan recommends new bicycling related goals, objectives, and
policies regarding for all the participating cities;
E. The Master Plan recommends specific route classifications for each street
proposed in the bicycle network;
F. The Master Plan recommends an expansion of the existing bikeway
network in the City of El Segundo by approximately 15.5 miles; and
G. The Master Plan recommends possible locations for bicycle parking and
storage facilities in the City of El Segundo.
SECTION 3: Environmental Assessment. Because of the facts identified in Section 2
of this Resolution, adopting this Resolution would not result in a potential for resulting in
a direct or reasonably indirect physical change in the environment and, accordingly,
does not qualify as a "project" under the California Environmental Quality Act (Cal. Pub.
Res. Code §§ 21000, et seq.; "CEQA ") or CEQA regulations (Cal. Code Regs. tit. 14, §§
15000, et seq, see Cal. Code Regs. tit. 14, §§ 15061(b)(3), 15378). Even if the
2
Resolution were to qualify as a project, it would be categorically exempt as a Classl or
Class 5 project since, at best, it would constitute a minor alteration of existing public
structures involving no expansion of use; or a minor alteration in land use limitations
(see Cal. Code Regs. tit. 14, §§ 15301, 15305). If the City Council approves the Master
Plan and, at some future date, decides to implement its recommendations, the City will
conduct additional environmental review.
SECTION 4: General Plan. The proposed Master Plan conforms to the City's General
Plan as follows:
A. The proposed Master Plan is consistent with numerous goals, policies,
and objectives of the General Plan. Specifically, it is consistent with the
Land Use, Circulation, Air Quality, and Open Space and Recreation
Elements as discussed below.
B. The project is consistent with General Plan Land Use Element Policy LU6-
1.3, which states: "Utilization of utility easements (flood control, power line
rights -of -way) for recreational, open space, and beautification purposes
should continue and additional possibilities should be explored." The
Master Plan recommends a bike path for recreational and commuter use
within the power line right -of -way along Washington Street.
C. The Master Plan is also consistent with several General Plan Circulation
Element Goals, Objectives and Policies. Specifically, Goal C1 — Provision
for Safe, Convenient, and Cost Effective Circulation System states:
"Provide a safe, convenient, and cost - effective circulation system to serve
the present and future circulation needs of the El Segundo community."
The Master Plan recommendations aim to make it safe and convenient for
bicyclists to travel on the bikeway network within the City and to
surrounding jurisdictions.
D. The Master Plan is consistent with General Plan Circulation Element
Policy C1 -1.4, which states: "Construct missing roadway links to complete
the roadway system designated in the Circulation Element when need to
improve traffic operating conditions and to serve development." The
proposed bikeway network in the Master Plan is intended to fill gaps in the
existing bikeway network in the City and between the participating cities.
E. The Master Plan is consistent with General Plan Circulation Element
Policy C1 -1.8, which states: "Provide all residential, commercial, and
industrial areas with efficient and safe access to the major regional
transportation facilities." The Master Plan recommends a bikeway
network that would safely and conveniently link those areas with the
existing Green Line stations and bus lines within the City.
3
F. The Master Plan is consistent with General Plan Circulation Element Goal
C2 — Provisions for Alternative Modes of Transportation which states:
"Provide a circulation system that incorporates alternatives to the single -
occupant vehicle, to create a balance among travel modes based on travel
needs, costs, social values, user acceptance, and air quality
considerations." The Master Plan recommends improvements to the
City's bikeway network that will help make the bicycle a more reliable
alternative to the single - occupant vehicle for travel within the City and to
other adjacent jurisdictions.
G. The Master Plan is consistent with General Plan Circulation Element
Objective C2 -2, which states: "Provide a bikeway system throughout the
City to support and encourage the use of the bicycle as a safe and
convenient travel mode within the City's circulation system." The Master
Plan recommends improvements to the existing bikeway network and to
the City's policies and regulations to help make the bicycle a safe and
convenient travel mode in the City.
H. The Master Plan is consistent with General Plan Circulation Element
Policies C2 -2.2 through C2 -2.8 for the following reasons: 1. The proposed
Master Plan would encourage new development to provide lockers,
showers, storage, and parking facilities for bicyclists. 2. The
recommended bikeway network includes two off - street bicycle paths along
Washington Street and El Segundo Boulevard. 3. The recommended
bikeway network includes bikeways that connect to the City's schools and
public facilities. 4. The Master Plan is the result of coordination among
seven South Bay cities and the Los Angeles County Department of
Health. 5. The Master Plan encourages the design of streets to
encompass Class I and Class II bicycle routes that separate the
automobile, bicycle, and pedestrian to the maximum extent feasible. 6.
The proposed bikeway network includes links to the City's Metro Green
Line stations.
I. The Master Plan is consistent with General Plan Circulation Element Goal
C4 — Compliance with all Federal, State, and Regional Regulations, which
states: "Ensure that the City remains in compliance with all Federal, State,
and Regional regulations, remains consistent with the plans of neighboring
jurisdictions and thus remains eligible for all potential transportation
improvement programs." The Master Plan is consistent with this goal in
that the recommended signage plan is consistent with the sign guidelines
of the federal Manual on Uniform Traffic Control Devices (MUTCD), as
well as the California MUTCD. In addition, the Master Plan is consistent
with the California Transportation Department (Caltrans) Bicycle
4
k_ ' t)
Transportation Account (BTA) requirements, which makes the City eligible
for state grant funding for projects that improve safety and convenience for
bicycle commuters.
J. The Master Plan is consistent with General Plan Circulation Element
Objective C4 -2, which states: "Ensure that the City's circulation system is
consistent with those of neighboring jurisdictions." The Master Plan was
developed in cooperation with seven South Bay cities and is designed to
provide links between the bikeway networks of all participating cities.
K. The Master Plan is consistent with General Plan Air Quality Element Goal
AQ4 — Reduce Motorized Transportation and Policy AQ4 -1.1, which
states: "it is the policy of the City of El Segundo that the City actively
encourage the development and maintenance of a high quality network of
pedestrian and bicycle routes, linked to hey locations, in order to promote
non - motorized transportation." The Master Plan recommends an
expansion of the existing bikeway network, which will link to all the Metro
Green Line stations, to bus lines, to major employers, and public facilities,
which will help reduce motorized transportation in the City.
L. The Master Plan is consistent with General Plan Open Space and
Recreation Element Policy OS1 -2.7, which states: "Support and
encourage upkeep, public recreational use, and access to the shoreline
area." The Master Plan maintains bicycle access to the shoreline and the
existing beach Bike Path (The Strand) via a Bike Path along Imperial
Highway and a Bike Lane along Grand Avenue.
M. The Master Plan is consistent with General Plan Open Space and
Recreation Element Objective OS 1 -4, which states: "Develop utility
transmission corridors for active or passive open space and recreational
use." The Master Plan recommends a bike path for recreational and
commuter use within the power line corridor along Washington Street.
SECTION 5: Zoning Consistency. The Master Plan is consistent with the general
purpose of the ESMC's zoning regulations, which is to promote the public health, safety,
and general welfare and to provide the economic and social advantages resulting from
an orderly planned use of land resources. The Master Plan promotes the orderly
development of a safe and convenient bikeway network and encourages increased use
of the bicycle as a means transportation, which promotes improved public health.
SECTION 6: Recommendations. The Planning Commission recommends that the City
Council approve Environmental Assessment EA 938 and the South Bay Bicycle Master
Plan.
5
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SECTION 7: Reliance On Record. Each and every one of the findings and
determinations in this Resolution are based on the competent and substantial evidence,
both oral and written, contained in the entire record relating to the project. The findings
and determinations constitute the independent findings and determinations of the
Planning Commission in all respects and are fully and completely supported by
substantial evidence in the record as a whole.
SECTION 8: Limitations. The Planning Commission'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
Planning Commission'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: This Resolution will remain effective until superseded by a subsequent
resolution.
SECTION 10: The Commission secretary is directed to mail a copy of this Resolution to
any person requesting a copy.
�.• J 1
SECTION 11: This Resolution may be appealed within ten (10) calendar days after its
adoption. All appeals must be in writing and filed with the City Clerk within this time
period. Failure to file a timely written appeal will constitute a waiver of any right of
appeal.
PASSED AND ADOPTED this 8th day of September, 2011.
ATTEST:
Greg Carpenter, Secretary
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
as
David Wagner, Chairperson
City of El Segundo Planning Commission
Karl H. Berger, Assistant City Attorney
Wagner -
Fellhauer -
Baldino -
Barbee -
Newman -
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EL SEGUNDO CITY COUNCIL MEETING DATE: October 4, 2011
AGENDA STATEMENT AGENDA HEADING: Special Orders of Business - Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to conduct a Public Hearing adopt a Resolution
approving the 2010 Urban Water Management Plan (UWMP) for the City of El Segundo
municipal water system.. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
Open the Public Hearing.
2. Discussion.
3. Adopt the Resolution Approving the City of El Segundo 2010 UWMP.
4. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
The UWMP Resolution
Executive Summary
FISCAL IMPACT: None
Amount Requested: $ N/A
Additional Appropriation: No
Account Number(s): �.
ORIGINATED BY: Maryam M. Jonas, Principal Engineer ft
REVIEWED BY: Stephanie Katsouleas, Public Works Director s
APPROVED BY: Doug Willmore, City Manager
BACKGROUND AND DISCUSSION:
The purpose of the Urban Water Management Plan (UWMP) is to assure that a water provider
has adequately planned to provide sufficient supplies of water to its users for the foreseeable
future and during emergencies. The Urban Water Management Planning Act (AB 797, the
"Act ") and California Water Code Sections 10610 -10656 require all water suppliers providing
water to more than 3,000 customers or supplying more than 3,000 acre -feet of water per year to
update their plan every five (5) years. The 2010 UWMP review guidelines were released by the
Department of Water Resources in May of 2011 notifying water providers to prepare and submit
their 2010 UWMP.
The City of El Segundo's 2010 UWMP provides an analysis of the City's available water supply
and compares it to the current and projected water demand over the next twenty (20) years. The
2010 UWMP also includes details about the City's water supply reliability during drought years,
2
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water conservation program, recycled water program and actions to be taken in the event of a
water shortage or a catastrophic supply interruption.
Public participation is required as part of the UWMP update process. An outreach to the
neighboring cities and water agencies was conducted and drafts of the 2010 UWMP were
available for review in the Public Works Department and the City Clerk's Office at City Hall and
on line by request at www.elsegundo.org. The Public Hearing Notice for the 2010 UWMP was
published in compliance with Section 10642 of the Act in El Segundo Herald and on the City's
Web site.
The City will continue to pursue water conservation programs to reduce water demand. This
includes continuing those measures already in place and implementing several new measures
which are outlined in Section 6 of the UWMP. Adoption of the 2010 UWMP will enable the City
to have access to State Grants for its conservation programs that are administered by the West
Basin Municipal Water District. Adoption of a specific SBx7 -7 baseline method and 2015 and
2020 targets are required components that will require monitoring over the next five to ten years.
Upon adoption of the 2010 UWMP by the City Council, the plan will be submitted to the
California Department of Water Resources and will be made available to the Public on the City's
web site.
�J J
RESOLUTION NO.
A RESOLUTION APPROVING ADOPTION OF THE URBAN WATER
MANAGEMENT PLAN FOR 2010.
The City Council of the city of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. California Water Code §§ 10610 to 10656 require water suppliers to
prepare an Urban Water Management Plan (UWMP) to promote water
demand management and efficient use in their service areas;
B. The city of El Segundo is the Water Supplier for citizens and businesses
of the city of El Segundo and is required to update, adopt, and submit its
UMWP to the California Department of Water Resources at least every
five (5) years;
C. The UWMP addresses projected water supply and demand over a twenty
(20) year period in five (5) year increments. It identifies and quantifies
adequate water supplies, including recycled water, for existing and future
demands in normal, dry, and drought years, and also lays out a water
conservation program to encourage the efficient use of the City's water
resources.
SECTION 2: Pursuant to Water Code §§ 10610 to 10656, the City Council adopts the 2010
Urban Water Management Plan. A copy of the Urban Water Management Plan is
incorporated by reference into this resolution and is filed with the City Clerk's Office.
SECTION 3: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 4: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this day of , 2011.
Eric Busch, Mayor
Page 1 of 2
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger, Assistant City Attorney
Page 2of2 U�V
Executive summar�
The Urban Water Management Planning Act (Act) requires every urban water supplier providing
water for municipal purposes to more than 3,000 customers, or supplying more than 3,000 acre -
feet of water annually, to prepare and adopt an Urban Water Management Plan (UWMP). The
Act also requires urban water suppliers to update the UWMP in years ending in five and zero,
using a 20 year planning horizon. The City of El Segundo (City), has prepared this UWMP in
accordance with all requirements set forth in the State of California Water Code Sections 10610
through 10657.
The City is a retail water supplier to both residential and commercial accounts located within El
Segundo's service area. This UWMP addresses the City water system and includes a
description of the water supply sources, historical and projected water use, and a comparison of
water supply to water demands during normal, single dry, and multiple dry years. This Plan also
addresses new water use conservation legislation, including the City's 2015 and 2020 water use
targets as required by the Water Conservation Act of 2009 (SBx7 -7), and the implementation
plan for meeting the City's 2015 and 2020 water use targets.
The City of El Segundo is located in the Los Angeles Basin on the coast approximately 1.5
miles south of Los Angeles International Airport (LAX) and is a semi -arid desert environment
receiving less than 14 inches of rainfall annually. The City manages and operates the domestic
water system that serves a residential population of approximately 17,050. The residential
population of El Segundo is expected to only marginally increase over the next 25 years as the
residential areas are virtually built -up with no substantial vacant land available for development.
The water system consists of approximately 57.5 miles of main pipelines and serves potable
water to a 5.5 square mile area. El Segundo's water system is comprised of one pump station,
two storage reservoirs, and one elevated storage tank. There are currently two available water
supply sources; imported water from the Colorado River and State Water Project (delivered via
the West Basin Municipal Water District (WBMWD)) and recycled water for landscaping
irrigation and industrial use (also supplied by the WBMWD). In addition, there are four
interconnections with three neighboring water agencies; Los Angeles Department of Water and
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Power (LADWP), City of Manhattan Beach, and California Water Service, that can be activated
during emergency situations.
In order to determine the twenty percent per capita water use reduction by the year 2020
required by SBx7 -7, the City of El Segundo utilized the California Department of Water
Resources (DWR) methods to determine the baseline, interim, and water use target values.
The City of El Segundo is part of the WBMWD that has formed a regional alliance, and has thus
determined its baseline and target values both individually and as part of the alliance. The
regional baseline for the City of El Segundo is 220.6 GPCD, the interim target in 2015 is 198.6
GPCD and the target for 2020 compliance is 176.5 GPCD. The individually calculated baseline
for the City is 514 GPCD, the interim target in 2015 is 463 GPCD, and the target for 2020
compliance is 411 GPCD.
Significant growth or increase in water demands are not anticipated in future years as the City is
almost completely built -out. The total past, current and future water demands for the City of El
Segundo are summarized in Table ES -1, which takes into consideration the required
consumption reduction required by SBx7 -7.
Water Use
Total water deliveries
Sales to other water agencies
Additional water uses and losses
Total
Units: acre -feet per year
1
2005
2010
2015
2020
2025
�' 20
8,354
9,929
8,515
7 795
8,038
8 289
N
N/A
N/A
N/A
N/A
N/A
- -
N/A
- .
7,976
9,318
--
9,353
9,302
9,319
9,336 �
16,330
' 19,247
17,868
17,097
' 17,357
17,625
The City of El Segundo utilizes both potable and recycled water. The City is 100% dependent
on imported water purchased from WBMWD for its potable water supply and does not anticipate
using groundwater as a source of potable water. In addition to distributing potable water, the
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City of El Segundo is part of WBMWD's recycled water system. The recycled water is used for
industrial applications and irrigation.
Due to the slow rising population and the per capita demand reduction required by SBx7 -7,
projected needed water supplies are expected to decrease accordingly from 2015 to 2030. The
total projected potable and recycled water supplies available to the City through WBMWD are
shown in Table ES -2.
Water Supply Sources j 2010
West Basin Municipal Water
9,929
Supplier- Produced Groundwater
Supplier Produced Surface
Water
Transfers In
Exchanges In
Recycled Water
Desalinated Water
Total
Units: acre -feet per year
2015 2020 2025
8,515 7,795 8,038
p
0
0
0
0
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0
0
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0
0
0
0
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8,615
8,883
9,160
9,446
0
18,544
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10
16,955
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17,484
2030
8,289
0
0
I0
0
i 9,741
IO
1 18.030 1
All potable and recycled water supplies are provided through the WBMWD, which is supplied
through the Metropolitan Water District of Southern California (MWD) and the State Water
Project (SWP). Since the supply is not directly obtained by the City of El Segundo, the
determination of reliability is largely determined by WBMWD and MWD analyses to provide a
consistent water supply to the City during normal, single dry, and multiple dry years.
Catastrophic failures that put the water supply at risk include fires and earthquakes that could
damage the infrastructure to the water distribution system. In the event of a catastrophic event
that prevents the City from obtaining water for distribution, WBMWD implements actions and
methods to continue supplying water to customers of its member agencies. Water reserves are
available to MWD through Diamond Lake, as well as other surface reservoirs, and it is
estimated that MWD could provide full supply for up to six months for all of its service areas
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(including these to WBMWD) following a catastrophic event that disrupts the supply of water. In
addition, methods to ensure that water is continually supplied to the customers include
stockpiling emergency pipeline repair materials and coordinating with the California Emergency
Management Agency (Cal EMA) and Emergency Operations Center (EOC) in the event of a
catastrophic disruption of supply.
Any effect seen by the WBMWD during a catastrophic event would impact the water supply to
the City. As a result, the City is subject to the actions and rationing of WBMWD. During any
kind of catastrophic event that disrupts the water supply, including a regional power outage or
an earthquake, the City of El Segundo in conjunction with WBMWD and MWD are prepared to
continue providing a reliable source of water.
The City works with the WBMWD to implement water conservation techniques to reduce the
total demand of water throughout the City and WBMWD. Together, the City and WBMWD
implement the 13 required Demand Management Measures (DMMs) within the City (DMM 10 is
not required as the City is not a wholesale agency). WBMWD is signatory to the California
Urban Water Conservation Council ( CUWCC) Memorandum of Understanding (MOU) regarding
urban water conservation in California. CUWCC represents a diverse group of water supply
agencies dedicated to establishing Best Management Practice (BMP) guidelines toward
implementing conservation measures and managing supply demands. The following table
summarizes the BMPs /DMMs:
Type Category
# MP
( BMP Name
MM
DMM Name
Conservation
Water Conservation
1.1.1
I Coordinator
12
Coordinator
Operations
Foundational i
_ -
- - -
_ _ __ _,
Practices
1 1 1 2
Water Waste
13
Water Waste
i
Prevention
1
; Prohibition
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Repair
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Education '
Programs
Programmatic Residential
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Commodity Rates
Commodity Rates for
for All New
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Connections and
and Retrofit of Existing
Retrofit of Existing
Connections
Connections
Retail
Conservation
Conservation Pricing
Pricing
Public Information
7
Public Information
Programs
Programs
School Education
School Education
Programs
Programs
Water Survey
Programs for ing e-
Family Residential and
Residential
Assistance
Residential Customers
Program
Residential Plumbing
Retrofit
water Survey
Programs for Single-
Landscape Water
Family Residential and
Survey
Multifamily Residential
Customers
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` tsmr i BMP Name
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High- Efficiency
Clothes Washing
3.3 Machine,
Financial
Incentive
Programs
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WaterSense
3.4 Specification
(WSS) toilets
"'W""' DMM Name
A
14
Commercial,
Commercial,
Industrial,
4
Industrial, and 9
and
Institutional
Institutional
Landscape
5
Landscape �5
High- Efficiency
Washing Machine
Rebate Programs
Residential Ultra -Low-
Flush Toilet
Replacement
Programs
Conservation
Programs for
Commercial, Industrial,
and Institutional�i
Accounts
Large Landscape
Conservation
Programs and
Incentives
The plan was adopted by the City Council on October 4, 2011 as prepared. A copy of the
adoption resolution is provided in Appendix B.
The City will implement the strategies set forth in the plan immediately upon adoption by the
City Council, which includes the following to reduce water demands in accordance with SBx7 -7:
• Increasing public awareness regarding water conservation requirements and efforts that
can be easily implemented to conserve water.
• Continuing to promote and expand the water conservation programs currently in place,
including the fourteen Demand Management Measures outline in Section 6.0 of this
Plan.
• Reducing the number of illegal connections that withdraw water from the City's
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distribution system and contribute to the system losses.
The City will submit copies of its 2010 Urban Water Management Plan to the following agencies
within 30 days after adoption:
• The California Department of Water Resources
• The California State Library
• The City of El Segundo
Additionally, any amendments or changes to the plan will be submitted to the above agencies
within 30 days after adoption.
The City will provide an electronic version of the final 2010 Urban Water Management Plan on
its website for public review within 30 days of filing the plan with the California Department of
Water Resources. Additionally, a hard copy will be available for review at the City Hall building,
located at 350 Main Street, El Segundo, California 90245.
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
9/9/11 THROUGH 09/22/11
Date
Payee
Amount
Description
Deput City Tre6su rer
Date
9 /09 &I
Director of Finance
8/5/2011
UB
(4,062.21)
PARS pmt correct prior memo
8/5/2011
Manufacturers & Traders
(21,024.34)
457 pmt Vantage pt correct prior memo
9/12/2011
West Basin
1,472,113.40
H2O payment
9/13/2011
Health Comp
2,842.36
Weekly claims
9/15/2011
IRS
204,951.03
Federal Taxes
9/15/2011
Employment Development
45,492.94
State Taxes
9/15/2011
Employment Development
4,079.45
State Taxes
9/16/2011
State of CA EFT
1,047.21
EFT Child support payment
9/16/2011
Nationwide EFT
36,451.00
EFT 457 payment
9/16/2011
UB
7,021.36
PARS payment
9/16/2011
Manufacturers & Traders
21,239.20
457 payment Vantagepoint
9/16/2011
Manufacturers & Traders
192.31
IRA payment Vantagepoint
9/20/2011
La Salle
43,725.00
EFT ABAG
9/21/2011
Health Comp
4,295.22
Weekly claims
9/22/2011
Lane Donovan Golf Ptr
21,560.18
Payroll Transfer
9/9 -22/11
Workers Comp Activity
38,694.73
SCRMA checks issued
1,878,618.84
DATE OF RATIFICATION: 10/04/11
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
1,878,618.84
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
UL3J
P: \City Treasurer \Wire Transfers\2011 \Wire 2011 3rd Qtr \Wire Transfers 09- 22.xls
Deput City Tre6su rer
Date
9 /09 &I
Director of Finance
Date
City Manager
Dat
1,878,618.84
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
UL3J
P: \City Treasurer \Wire Transfers\2011 \Wire 2011 3rd Qtr \Wire Transfers 09- 22.xls
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 20, 2011 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Council Member Jacobson
ROLL CALL
Mayor Busch
- Present — arrived at 5:03 p.m.
Mayor Pro Tern Fisher
- Present — arrived at 5:01 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 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) -2- matters
City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
NSA Construction vs. City of El Segundo, LASC Case No. BC438182
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- (Wyle
Claim).
Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter.
MINUTES OF THE REGULAR CITY COUNCIL MEETING /�
SEPTEMBER 20, 2011 4
PAGE NO. 1
l
4 G
�.�
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 2- matter
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): -6-
matters
Represented Group: Police Support Services Employees Association (PSSEA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
Represented Group: City Employees Association (CEA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
Represented Group: Firefighters Association (FFA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
Represented Group: Police Officers Association (POA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
Represented Group: Police Managers Association (PMA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
Unrepresented Group: Executive Management Staff (includes all employees not in
bargaining units)
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
SEPTEMBER 20, 2011
PAGE NO. 2 ` ; t
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 20, 2011 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 7:00 p.m.
INVOCATION — Bishop Jim Hepworth, Church of Jesus Christ of Latter Day Saints
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Bill Fisher
PRESENTATIONS
(a) Mayor Pro Tern Fisher presented a Proclamation proclaiming the observance of
the 35th Annual Richmond Street Fair from 9:00 a.m. to 5:00 p.m., Saturday,
September 24, 2011.
(b) Mayor Busch presented a Proclamation to Fire Chief Kevin Smith proclaiming the
week of October 9 through October 15, 2011 as Fire Prevention Week.
ROLL CALL
Mayor Busch - Present
Mayor Pro Tem 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.
Ron Swanson, Resident; complimented the Council and Staff for the budget
preparations and the sacrifices that have been made. He also announced the Opening
of the High School Auditorium on October 1, 2011 by 5:30 p.m.
Helmet Knueppel, Resident; spoke regarding the contract agreement between the
Police Department and the City and also on the budget.
MINUTES OF THE REGULAR CITY COUNCIL MEETING �}
SEPTEMBER 20, 2011 }
PAGE NO. 3
Mr. Axlerod spoke regarding the American flags displayed on City Streets. He also
stated he was offended by the Invocation and the Pledge of Allegiance at Council
Meetings.
Denise DiPasquale, South Bay Workforce Investment Board, gave the Quarterly
Summary.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MOTION by Council Member Brann, SECONDED by Council Member Jacobson to read
all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
Consideration and possible action (Continued Public Hearing) regarding the
Fiscal Year 2011 -2012 Budget (including all City Revenues and Expenditures),
Five -Year Capital Improvement Plan and Adoptiori of Resolutions approving
Appropriation Limit, Preliminary Budget as amended. (Copies of the Fiscal Year
2011 -2012 Preliminary Budget can be found in the Library, City Clerk's office,
and on the City's website.) (Fiscal Impact $109,848,900 in total appropriations;
$97,672,000 in total estimated revenues and prior year designations of
$12,176,900.)
Mayor Busch stated that this was the time and place to conduct a continued public
hearing regarding the Fiscal Year 2011 -2012 Budget (including all City Revenues and
Expenditures), Five -Year Capital Improvement Plan and Adoption of Resolutions
approving Appropriation Limit, Preliminary Budget as amended. (Copies of the Fiscal
Year 2011 -2012 Preliminary Budget can be found in the Library, City Clerk's office, and
on the City's website.) (Fiscal Impact $109,848,900 in total appropriations; $97,672,000
in total estimated revenues and prior year designations of $12,176,900.)
Clerk Mortesen stated that proper notice had been given in a timely manner and that no
written communications had been received in the City Clerk's Office.
Deborah Cullen, Finance Director, gave a report.
MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Jacobson to close
the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Mark Hensley, City Attorney, read by title only:
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2011
PAGE NO. 4
RESOLUTION NO. 4732
A RESOUTION ADOPTING THE 2011 -2012 FINAL OPERATING BUDGET
FOR THE CITY OF EL SEGUNDO AND ADOPTING THE
2011 -2012 CAPITAL IMPROVEMENT BUDGET.
MOTION by Mayor Pro Tem Fisher, SECONDED by Mayor Busch to adopt Resolution
No. 4732 adopting the 2011 -2012 Final Operating Budget for the City of El Segundo
and Adopting the 2011 -2012 Capital Improvement Budget; Incorporate "Exhibit A" Fiscal
Year 2011 -2012 Change List of Budget Revisions in all Funds" into the Adopted Budget
and deposit any Fiscal Year 2010 -2011 General Fund savings into the Economic
Uncertainty Fund in Fiscal Year 2011 -2012 once the Fiscal Year 2010 -2011 audit is
complete. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: BUSCH,
FISHER, JACOBSON, FUENTES. NOES: BRANN. 4/1
C. UNFINISHED BUSINESS
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. Approved Warrant Numbers 2584024 to 2584172 on Register No. 23 in the total
amount of $327,719.95 and Wire Transfers from 8/26/11 through 9/8/11 in the
total amount of $798,099.58. 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.
3. Approved Regular City Council Meeting Minutes of September 6, 2011 and
Special City Council Meeting Minutes of August 31, 2011 with corrections.
4. PULLED FOR DISCUSSION BY COUNCIL MEMBER FUENTES
5. ITEM PULLED FROM THE AGENDA
6. PULLED FOR DISCUSSION BY COUNCIL MEMBER FUENTES
7. Authorized the City Manager to renew a five -year Parks License Agreement No.
4186 with Southern California Edison (SCE). The agreement is for the City to
continue to maintain and operate SCE's property as City parks along Washington
Street between Walnut and Mariposa Avenues and along Illinois Street between
Mariposa and Holly Avenues. (Fiscal Impact: FY 11/12 $1,733 or $8,665 for five
years)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2011
PAGE NO. 5
8. PULLED FOR DISCUSSION BY COUNCIL MEMBER FUENTES
9. Received and filed report without objecting to a modification of a Type 47
Alcoholic Beverage Control (ABC) license for the on -site sale and consumption of
alcohol for a new restaurant within the Hyatt Place Hotel (Type 47 On -sale
General for Bona Fide Public Eating Place) located at 750 North Nash Street.
Applicant: Michael Gallen, OTO Development (Fiscal Impact: N /A)
10. Approved a new Class Specification for the at -will position of Economic
Development Analyst; Adopted Resolution No. 4733 establishing the basic
monthly salary range for Economic Development Analyst; and introduced and
waived first reading of Ordinance No. 1464 amending El Segundo Municipal
Code § 1 -6 -4 Regarding Exclusions. (Fiscal Impact: $133,613.22 included in FY
2011/12 Budget)
11. Authorized the City Manager to extend ongoing professional service agreements
and blanket purchase orders for FY 2011 -2012 in excess of $25,000 for various
departments and waived the formal bidding process and authorized the
continued purchase of various goods and services as described below. (Fiscal
Impact: General Fund $1,578,094; Assets Forfeiture Fund $13,000; Prop "A"
Fund $31,000; Water Fund $114,000; Sewer Fund $88,000; Golf Course Fund
$108,000; Workers' Compensation Fund $92,140)
(1) Authorized the City Manager to extend ongoing service agreements with
Baker & Taylor Information Services for supplying books and other library
materials, and issuance of blanket purchase order not to exceed $64,000
(General Fund).
(2) Authorized the City Manager to extend contract #2235 to Innovative
Interfaces, Inc., for library computer network system maintenance and issuance
of blanket purchase order not to exceed $30,000 (General Fund).
(3) Authorized the City Manager to extend ongoing service agreements with J.
Lee Engineering to provide plan check and inspection consulting services for the
Building and Safety Division not to exceed $150,000 (General Fund).
(4) Authorized the City Manager to extend ongoing service agreements with JAS
to provide plan check and inspection consulting services for the Building and
Safety Division not to exceed $100,000 (General Fund).
(5) Authorized the City Manager to extend ongoing service agreements with
Scanning Services Corporation. Scanning Services Corporation scans and
inputs data into the City's document imaging system not to exceed $35,000
(General Fund).
(6) Authorized the City Manager to extend ongoing service agreements with
Willdan Engineering Services to provide professional planning consulting and
engineering services to the City not to exceed $30,000 (General Fund).
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2011
PAGE NO. 6
(7) Authorized the City Manager to extend ongoing service agreements with U.S.
HealthWorks to provide an extremely cost effective method of delivery of pre-
employment and occupational medical services not to exceed $45,000 (General
Fund).
(8) Authorized the City Manager to extend ongoing service agreements with
Westchester Medical Group /Center for Heart and Health to provide annual safety
employees fitness for duty and executive physical examinations not to exceed
$70,000 (General Fund).
(9) Authorized the City Manager to extend ongoing service agreement with York
Risk Services Group to administer workers' compensation claims not to exceed
$92,140 in FY 11 -12 (Workers' Compensation Fund).
(10) Authorized the El Segundo Fire Department to waive the bidding process
per El Segundo Municipal Code §1 -7 -10 to purchase medical and
pharmaceutical supplies, and piggyback on the City of Redondo Beach's Bound
Tree Medical, Inc. ( "Bound Tree ") Bid #1011 -023, and authorize issuance of a
blanket purchase order to Bound Tree for FY 11 -12 for medical and
pharmaceutical supplies not to exceed $26,000 (General Fund).
(11) Authorized the issuance of a blanket purchase order for FY 11 -12 to UCLA
Center for Pre - Hospital Care for continuing education, defibrillation training and
AED program oversight not to exceed $32,600 (General Fund).
(12) Authorized the City Manager to execute a one -year contract with All Cities
Management Company to provide crossing guard services for the El Segundo
School District not to exceed $80,000 (General Fund).
(13) Authorized the issuance of a blanket purchase order to Mayer Hoffman
McCann PC (Agreement #3866) for auditing services not to exceed $54,250 in
FY 11 -12 (General Fund).
(14) Authorized the issuance of a blanket purchase order to Lane Donovan
Partners, LLC (Agreement #3399) to provide management services for The
Lakes Golf Course for an amount no to exceed $108,000 (Golf Course Fund).
(15) Authorized the issuance of a blanket purchase order to TruGreen Landcare
(Agreement #4096) to provide weekly landscape services for an amount not to
exceed $153,504 (General Fund).
(16) Authorized the City Manager to extend ongoing tree maintenance services
agreement with Great Scott Tree Service Inc. (Agreement #3476) for services not
to exceed $70,000 for FY 11 -12 (General Fund).
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2011
PAGE NO. 7
(17) Authorized the City Manager to extend ongoing custodial services
agreement with Bell Building Services (Agreement #3898) and issuance of
blanket purchase order not to exceed $66,540 (General Fund).
(18) Authorized the City Manager to execute a standard professional services
agreement with Martin & Chapman Co. for election support and services for the
General Municipal Election, April 10, 2012, not to exceed $36,000 (General
Fund).
(19) Authorized the City Manager to execute a one -year contract and /or
purchase order with Buxton to provide economic development analysis and
marketing assistance not to exceed $50,000 (General Fund).
(20) Authorized staff to continue to purchase gasoline and diesel fuel for City
vehicles and equipment through the use of spot market purchasing in an amount
not to exceed $321,000 (Various).
(21) Authorized the issuance of a blanket purchase order to Metron Farnier &
Actaris in an amount not to exceed $100,000 in total for the purchase of single jet
water meters for the City's water system (Water Enterprise Fund).
(22) Authorized the issuance of a blanket purchase order to Blue Diamond
Materials, a division of Sully Miller Contracting Company in an amount not to
exceed $50,000 for the purchase of asphalt paving materials for Street
Maintenance Division projects (General Fund).
(23) Authorized the issuance of a blanket purchase order to Flo- Systems, Inc. in
an amount not to exceed $75,000 for ongoing repair and maintenance of the
City's sewer and stormwater stations (Sewer Fund).
(24) Authorized the City Manager to execute a one -year contract with the Society
for the Prevention of Cruelty to Animals Los Angeles for animal sheltering
services, not to exceed $28,200 (General Fund).
(25) Authorized the City Manager to execute a one -year contract with Duncan
Solutions (formerly Enforcement Technology Inc.) for processing of parking
citations /collections, not to exceed $77,000 (General Fund).
(26) Authorized the City Manager to execute a one -year contract with AT &T
Connection Services for communications related to mobile data computers and
radio sites, not to exceed $39,400 (General Fund).
(27) Authorized the City Manager to execute a one -year contract amendment
and /or purchase order with Tyler Technologies who provide financial software to
manage the City's General Ledger, Accounts Receivable, Accounts Payable,
Payroll, and Human Resources. This item is for annual licensing, maintenance,
and support of these systems not to exceed $40,600 (General Fund).
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2011
PAGE NO. 8 Ci J
12. Awarded a standard Public Works Contract No. 4187, in a form approved by the
City Attorney, to the lowest responsible bidder, All American Asphalt, Inc., in the
amount of $261,629 for Lairport Street rehabilitation from Mariposa Avenue to
Maple Avenue. Project No.: PW 10 -04 and pavement repair of a section of the
Joslyn Center parking lot damaged by tree roots. (Fiscal Impact: $288,000)
13. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON
14. Approved request from the El Segundo Kiwanis Club to operate a Beer Garden
in the food court section of the Kiwanis sponsored 35th Annual Richmond Street
Fair, subject to compliance with all Alcohol Beverage Commission regulations
and permits, on Saturday, September 24, 2011 from 11:00 am — 5:00 pm (Fiscal
Impact: None)
15. PULLED FOR DISCUSSION BY COUNCIL MEMBER BRANN
MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Brann to approve
Consent Agenda Items 2, 3, 7, 9, 10, 11, 12, and 14. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
4. Consideration and possible action regarding a 2 -year approval to waive fees for
recurring City co- sponsored annual Special Events, in which the City provides
support services and /or facilities at no cost to the organizing group. (Fiscal
Impact: $122,480 over 2 years)
MOTION by Council Member Fuentes, SECONDED by Mayor Pro Tern Fisher to waive
fees for recurring City co- sponsored annual Special Events, in which the City provides
support services and /or facilities at no cost to the organizing group. (Fiscal Impact:
$122,480 over 2 years) MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
6. Consideration and possible action to (1) accept a donation from El Segundo
resident Craig Zinn, Jr. to build a new storage unit at the Joslyn Center at
Recreation Park for his Boy Scout Eagle Project; (2) adopt a Resolution to
approve the plan for the project; (3) authorize the City Manager to execute a
contract with Craig Zinn, Jr. and his parent/guardian in a form approved by the
City Attorney.
MOTION by Council Member Fuentes, SECONDED by Council Member Jacobson to
accdpt a donation from El Segundo resident Craig Zinn, Jr. to build a new storage unit
at the Joslyn Center at Recreation Park for his Boy Scout Eagle Project; adopt
Resolution No. 4734 to approve the plan for the project; authorize the City Manager to
execute Contract No. 4188 with Craig Zinn, Jr. and his parent/guardian. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2011
PAGE NO. 9
8. Consideration and possible action regarding a request for a new Alcoholic
Beverage Control (ABC) license for on -site sale and consumption of alcohol
(Type 41 — On -Sale Beer and Wine) at a new bakery and cafe located at 131
West Grand Avenue, Suite A (Schat's Bakery Cafe), EA No. 933 for AU No. 11-
08. Applicant: David Schat (Fiscal Impact: N /A)
MOTION by Council Member Fuentes, SECONDED by Council Member Brann to
receive and file report without objecting to a new Alcoholic Beverage Control (ABC)
license for on -site sale and consumption of alcohol (Type 41 — On -Sale Beer and Wine)
at a new bakery and cafe located at 131 West Grand Avenue, Suite A (Schat's Bakery
Cafe). MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
13. Consideration and possible action to award a non - exclusive franchise to
Consolidated Disposal Service, LLC for residential and municipal solid waste
hauling services. (Fiscal Impact: $3,565,500 over 7 years) Authorized the Mayor
to execute a 7 -year Franchise Agreement No. 4189 in a form approved by the
City Attorney with Consolidated Disposal Services, LLC in the amount of
$3,565,500 which represents $489,950 annually for the first three years, and
$523,913 annually for the remaining four years of the contract.
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to
award a non - exclusive franchise to Consolidated Disposal Service, LLC for residential
and municipal solid waste hauling services. (Fiscal Impact: $3,565,500 over 7 years)
Authorize the Mayor to execute a 7 -year Franchise Agreement No. 4189 in a form
approved by the City Attorney with Consolidated Disposal Services, LLC in the amount
of $3,565,500 which represents $489,950 annually for the first three years, and
$523,913 annually for the remaining four years of the contract. To include clarifying
contract to: (1) change title to clarify contract is for residential properties with four units
or less; (2) missed collections will be picked up on the next day; (3) the agreement will
not use the term "exclusive" but shall provide that the City shall not award a contract to
another entity to provide the service to the same properties covered by the agreement;
and (4) that the vehicle insurance policy can contain a pollution exclusion so long as
Consolidated provides proof that its environmental /pollution insurance policy covers
damages caused by its vehicles. MOTION PASSED BY UNANIMOUS VOICE VOTE.
5/0
15. Considertion and possible action to amend the City's existing contract with
Liebert Cassidy Whitmore ( "LCW ") the law firm that provides the City with
specialized labor and personnel legal services. The amendment seeks an
approximate 12.5% rate increase. (Fiscal Impact: City Staff will offset the hourly
increase with lower utilization of LCW services and there will be no budgetary
impact for FY 2011 -2012)
MOTION by Mayor Busch, SECONDED by Council Member Fuentes to approve
increasing billing rates by approximately 12.5% for a term of two years and authorize
the City Manager to execute the amendment to Contract. No. 3365. MOTION PASSED
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2011
PAGE NO. 10 �}
BY THE FOLLOWING VOICE VOTE. AYES: BUSCH, FISHER, JACOBSON,
FUENTES. NOES: BRANN. 4/1
F. NEW BUSINESS
G. REPORTS — CITY MANAGER - NONE
H. REPORTS — CITY ATTORNEY - NONE
REPORTS — CITY CLERK - NONE
J. REPORTS — CITY TREASURER - NONE
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fuentes — Reported on the 911 Ceremony; the Promotional
Ceremony for Sgt. Vince Martinez; the volunteer luncheon; AYSO kick -off party;
El Segundo High School Football Field opening; and the Chamber of Commerce
Breakfast on September 27, 2011.
Council Member Brann — Reported on the Pancake Breakfast on September 10,
2011
Council Member Jacobson - NONE
Mayor Pro Tem Fisher - NONE
Mayor Busch — Thanked staff for the 911 preparations; spoke on Hero's Night
sponsored by the Four - Square Church; thanked all of the City volunteers; USPS
letter regarding the retail service closure on Main Street. Also noted LA County
Registrar Recorder sent notice that Sample Ballots may now be received
electronically.
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.
Helmet Knueppel, Resident; spoke regarding the Liebert Cassidy Whitmore contract.
James Carver, President of the Employees Union, stated that Liebert Cassidy Whitmore
was a very professional firm and they always were fair and provided good service.
MEMORIALS — NONE
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2011
PAGE NO. 11
0Jt�
ADJOURNMENT at 8:40 p.m.
Cindy Mortesen, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2011
PAGE NO. 12 J3"
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
WEDNESDAY, SEPTEMBER 28, 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
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.
Mike Robbins, resident, spoke regarding the proposed contracts with City labor groups and
requested that more time be given to review the documents.
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 se q.) for the purposes of conferring with the City's Real
Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation;
and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or
conferring with the City's Labor Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a) -0-
matters
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0-
Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -6- matters
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
SEPTEMBER 28, 2011
PAGE NO. 1
C56
Represented Group: Police Support Services Employees Association (PSSEA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
2. Represented Group: City Employees Association (CEA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
3. Represented Group: Firefighters Association (FFA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
4. Represented Group: Police Officers Association (POA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
5. Represented Group: Police Managers Association (PMA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
6. Unrepresented Group: Executive Management Staff
(includes all employees not in bargaining units)
Negotiator: Mark Hensley, City Attorney
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters
ADJOURNMENT at 7:05 p.m.
Cathy Domann, Deputy City Clerk
5:30 P.M. OPEN MEETING - CANCELLED
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
SEPTEMBER 28, 2011
PAGE NO. 2
EAM
EL SEGUNDO CITY COUNCIL MEETING DATE: October 4, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding second reading of Ordinance No. 1464 amending the
El Segundo Municipal Code § 1 -6 -4 Regarding Employment Exclusions from Civil Service to
include the Economic Development Analyst.
RECOMMENDED COUNCIL ACTION:
1. Second reading by title only and adoption of Ordinance No. 1464.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Ordinance No. 1464 amending El Segundo Municipal Code § 1 -6 -4 regarding
Employment Exclusions from Civil Service.
FISCAL IMPACT: N/A
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Lisa Jenkins, Senior Human Resources Analyst
REVIEWED BY: Deborah Cullen, Director of Finance /Human Resource/
APPROVED BY: Doug Willmore, City Manager Pt"
BACKGROUND AND DISCUSSION:
At the regular City Council Meeting of September 20, 2011, the City Council approved the creation
of and salary allocation for a class specification for Economic Development Analyst. As Staff is
recommending that this classification be designated "At- Will ", the staff report for this agenda item
also contained the introduction and first reading of an amendment to the Municipal Code regarding
classifications excluded from the classified service. Staff is now recommending the passage and
adoption of this proposed Municipal Code amendment.
L'VV
ORDINANCE NO. 1464
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
§1 -6 -4 REGARDING EXCLUSIONS.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds as follows:
A. The El Segundo Municipal Code ( "ESMC ") provides that the City Council may
from time to time by Ordinance designate departments, appointive officers, or
employees of the City; and
B. It is in the best interest of the City to list all existing officers and members of
departments excluded from the Personnel Merit System; and
SECTION 2: ESMC § 1 -6 -4 is amended in its entirety to read as follows:
"Sec 1 -6 -4. EXCLUSIONS
Those officers and members of departments in addition to department heads and elected
officers who are expressly excluded from the merit system are:
Assistant City Manager
City Attorney
City Manager
City Engineer
Construction Coordinator
Economic Development Analyst
Economic Development Manager
Property Owner Coordinator
Senior Executive Assistant
SECTION 3: Repeal of any provision of the ESMC herein 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 4: 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.
0 bl
SECTION 5: 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 6: This Ordinance will become effective on the thirty -first (31 st) day following its
passage and adoption.
PASSED AND ADOPTED this day of
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO
2011.
Eric K. Busch, Mayor
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 20`h day of
September 2011, 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 , 2011, 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 Hensley, City Attorney
EL SEGUNDO CITY COUNCIL MEETING DATE: October 4, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of a Funding Agreement ( "FA ")
between the City of El Segundo and the Los Angeles County Metropolitan Transportation
Authority (LACMTA) setting the terms for the receipt of Measure R grant funds in the
amount of $2,500,000 for the design and construction of Maple Avenue Arterial
Improvements Project between Sepulveda Boulevard and Parkview Avenue.
Metro Project ID No. MR312.22 and FTIP # LAOG727.
(Fiscal Impact: Measure R Grant Revenue of $2,500,000)
RECOMMENDED COUNCIL ACTION:
Approve Funding Agreement.
2. Authorize the City Manager to execute the FA , approved by the City Attorney.
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Draft Funding Agreement
FISCAL IMPACT: None
Amount Requested: $ 0
Additional Appropriation: No
Account Number(s):
ORIGINATED BY: Maryam M. Jonas, Principal Engineer V'��
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Doug Willmore, City Manager
BACKGROUND AND DISCUSSION:
On January 18, 2011, the City Council adopted a resolution and approved the list of Capital
Projects recommended for South Bay Highway Program (SBHP) funding which is a component
of Measure R. The one -half cent sales tax approved by the Los Angeles County voters in 2008
will provide $906 million dollars to meet the transportation needs of the County over the next 30
years and will improve the operation of state highways, including Sepulveda Blvd, I -405, I -110,
I -105 and SR 91. Phase 1 of Measure R identifies funding for 40 projects which includes the
Maple Avenue Rehabilitation Project.
The attached funding agreement allocated $2,500,000 for Maple Avenue. The project includes
design, construction and construction management to improve the lane access and traffic flow on
Maple Avenue by rehabilitating the existing pavement and constructing a storm drain system that
will adequately convey a 50 year storm flow.
�;b�
The Assistant City Attorney reviewed and approved the proposed Funding Agreement. Staff
anticipates retaining a consultant to prepare environmental assessment report and engineering
design by January 2012 and to complete the project construction by September 2013.
This project is funded through the measure R grant funds and has no matching fund
requirements. The Measure R Highway Program is a cost - reimbursement program and it is
subject to annual audit requirements by Metro.
Ij 1 4.J
i
FTIP #: LAOG727
South Bay Measure R Highway Program
Project# MR312.22
Funding Agreement #MOU.MR312.22
SOUTH BAY MEASURE R HIGHWAY PROGRAM
FUNDING AGREEMENT
This Funding Agreement ( "FA ") is dated for reference purposes only August 31, 2011,
and is by and between the Los Angeles County Metropolitan Transportation Authority
( "LACMTA ") and City of El Segundo ( "Grantee ") for - LACMTA Project ID# MR 312.22
and FTIP# LAOG727.
WHEREAS, LACMTA adopted Ordinance #08 -01, the Traffic Relief and Rail Expansion
Ordinance, on July 24, 2008 (the "Ordinance "), which Ordinance was approved by the
voters of Los Angeles County on November 4, 2008 as "Measure R" and became
effective on January 2, 2009;
WHEREAS, the funding set forth is intended to fund DESIGN AND CONSTRUCTION of
the N69 — Maple Avenue Arterial Improvements from Sepulveda Boulevard to Parkview
Avenue (the "Project ").
WHEREAS, the LACMTA Board, at its February 24, 2011 meeting, programmed
$2,500,000 in Measure R Funds to City of El Segundo for design and construction of the
Project, subject to the terms and conditions contained in this FA; and
WHEREAS, the Funds are currently programmed for $300,000 in design and $2,200,000
in construction of the project as follows: $2,500,000 in Measure R Funds in FY 2011 -12.
The total designated for design and construction of the Project is $2,500,000.
NOW, THEREFORE, the parties hereby agree as follows:
The terms and conditions of this FA consist of the following and each is incorporated by
reference herein as if fully set forth herein:
1. Part I - Specific Terms of the FA
2. Part II - General Terms of the FA
3. Attachment A - Project Funding
4. Attachment B - Expenditure Plan Guidelines
Attachment B1 — Expenditure Plan- Cost & Cash Flow Budget
5. Attachment C - Scope of Work
6. Attachment D - Reporting and Expenditure Guidelines
7. Attachment D1 - Monthly Progress Report
8. Attachment D2 — Quarterly Expenditure Report
9. Attachment E - Federal Transportation Improvement Program (FTIP) Sheet
10. Attachment F - Special Grant Conditions
11. Any other attachments or documents referenced in the above documents
In the event of a conflict, the Special Grant Conditions, if any, shall prevail over the
Specific Terms of the FA and any attachments and the Specific Terms of the FA shall
prevail over the General Terms of the FA.
L 6 5
Rev: 06.20.11 1 South Bay Measure Highway Program FA
FTIP #: LAOG727
South Bay Measure R Highway Program
Project# MR312.22
Funding Agreement #MOU.MR312.22
IN WITNESS WHEREOF, the parties have caused this FA to be executed by their duly
authorized representatives as of the dates indicated below:
LACMTA:
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
Arthur T. Leahy
Chief Executive Officer
APPROVED AS TO FORM:
Date:
ANDREA SHERIDAN ORDIN
County Counsel
B y.
Date:
--
e uty
GRANTEE:
CITY OF EL SEGUNDO
Doug Willmore
City Manager
APPROVED AS TO FORM:
Date:
By: Date:
Mark Hensley
City Attorney
ATTEST:
By: Date:
Cindy Mortesen
City Clerk
q Id./I
Rev: 06.20.11 2 South Bay Measure R Highway Program FA
PART
SPECIFIC TERMS OF THE FA
1. Title of the Project (the "Project "): N69 — Maple Avenue Arterial Improvements
from Sepulveda Boulevard to Parkview Avenue — Design, and Construction. LACMTA
Project ID# MR312.22 FTIP# LAOG727.
2. Grant Funds:
2.1 Programmed Funds for this Project consist of the following: Measure R
Funds.
2.2 To the extent the Measure R Funds are available; LACMTA shall make to
GRANTEE a grant of the Measure R funds in the amount of $2,500,000 (the
"Fund ") for the Project. LACMTA Board of Directors' action of February 24, 2011
granted the Measure R Funds for the Project. The Funds are programmed over
Fiscal Years (FY) FY 2011 -12.
3. This grant shall be paid on a reimbursement basis. Grantee must provide the
appropriate supporting documentation with the Monthly Progress Report and the
Quarterly Expenditure Report. Grantee Funding Commitment if applicable must be spent
in the appropriate proportion to the Funds with each quarter's expenditures. LACMTA will
withhold ten percent (10 %) of eligible expenditures per invoice as retainage pending an
audit of expenditures and completion of scope of work.
4. Attachment A the "Project Funding" documents all sources of funds programmed
for the Project as approved by LACMTA and is attached as Attachment A. The Project
Funding includes the total programmed funds for the Project, including the Funds
programmed by LACMTA and, if any, the Grantee Funding Commitment of other sources
of funding. The Project Funding also includes the fiscal years in which all the funds for
the Project are programmed. The Funds are subject to adjustment by subsequent
LACMTA Board Action.
5. Attachment B1 is the Expenditure Plan- Cost & Cash Flow Budget (the
"Expenditure Plan "). It is the entire proposed cash flow, the Budget and financial plan for
the Project, which includes the total sources of all funds programmed to the Project,
including GRANTEE and other entity funding commitments, if any, for this Project as well
as the fiscal year and quarters the Project funds are anticipated to be expended. Grantee
shall submit annually to LACMTA no later than December 31St an update to Attachment
B1 for review by LACMTA for budget and programming purposes. Acceptance of any
changes to the document will be conveyed by amendment to this FA. GRANTEE shall
update the Expenditure Plan annually, such update shall be submitted to LACMTA's
Executive Director of Highway Program in writing. If the LACMTA's Executive Director of
Highway Program concurs with such updated Expenditure Plan in writing, Attachment 131
shall be replaced with the new Attachment B1 setting forth the latest approved
Expenditure Plan. Payments under this agreement shall be consistent with Attachment
B1 as revised from time to time.
Rev: 06.20.11 3 South Bay Measure R Highway Program FA
6. Attachment C is the Scope of Work ( "the Scope of Work "). The GRANTEE shall
complete the Project as described in the Scope of Work. This Scope of Work shall
include a detailed description of the Project and the work to be completed, including
anticipated Project milestones and a schedule consistent with the lapsing policy in Part II,
Section 9, and a description of the Project limits Work shall be delivered in accordance
with this schedule and scope unless otherwise agreed to by the parties in writing. If
GRANTEE is consistently behind schedule in meeting milestones or in delivering the
Project, LACMTA will have the option to suspend or terminate the FA for default as
described in Part II, Sections 2, 9, 10 and 11 herein below.
7. No changes to this FA, including but not limited to the Funds; and any other
source of funds from LACMTA in the Project Funding, Expenditure Plan or the Scope of
Work shall be allowed without an amendment to the original FA, approved and signed by
both parties.
8. Attachment D - the Reporting & Expenditure Guidelines; Grantee shall complete
the "Monthly Progress Report and the Quarterly Expenditure Report." The Monthly
Progress and Quarterly Expenditure Report are attached to this FA as Attachments D1
and D2 in accordance with Attachment D - Reporting and Expenditure Guidelines.
9. Attachment E the "FTIP PROJECT SHEET (PDF)" is attached as Attachment E
and is required to ensure that the Project is programmed correctly in the most up -to -date
FTIP document. The FTIP PROJECT SHEET (PDF) can be found in ProgramMetro FTIP
database under the reports section at http:Hprog ram. metro. net. All projects that receive
funding through Measure R must be programmed into the FTIP which includes locally
funded regionally significant projects for information and air quality modeling purposes.
Grantee shall review the Project in ProgramMetro each year and update or correct the
Project as necessary during a scheduled FTIP amendment or adoption. Grantee will be
notified of amendments and adoptions to the FTIP via a -mail. Changes to the FTIP
through ProgramMetro should be made as soon as possible after Grantee is aware of
any changes to the Project, but no later than October 1 of the year the change or update
is effective. Should Grantee fail to meet this date, it may affect Grantee's ability to access
funding, delay the Project and may ultimately result in the Funds being lapsed.
10. No changes to the (i) Grant amount, (ii) Project Funding, (iii) the Scope of Work, or
(iv) Expenditure Plan, (v) FTIP Project Sheet or (vi) Special Grant Conditions shall be
allowed without a written amendment to this FA, approved and signed by the LACMTA
Chief Executive Officer or his /her designee and Grantee. Modifications that do not
materially affect the terms of this FA, such as redistributing Funds among existing budget
line items or non - material schedule changes must be formally requested by Grantee and
approved by LACMTA in writing. Non - material changes are those changes, which do not
affect the grant amount, or its schedule, Project Funding, Financial Plan, the Scope of
Work, including its schedule.
Rev: 06.20.11
South Bay Measure R Highway Program FA
11. LACMTA's Address:
Los Angeles County Metropolitan Transportation Authority
One Gateway Plaza
Los Angeles, CA 90012
Attention: Fulgene Asuncion, MS: 99 -22 -9
PHONE: (213) 922 -3025
EMAIL: asuncionf @metro.net
12. Grantee's Address:
City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention: Maryam Jonas
PHONE: (310) 524 -2361
E -MAIL: MJonas @elsegundo.org
C 69
Rev: 06.20.11 5 South Bay Measure R Highway Program FA
PART II
GENERAL TERMS OF THE FA
TERM
The term of this FA shall commence on the date this FA is fully executed and, shall
terminate upon the occurrence of all of the following, unless terminated earlier as
provided herein: (i) the agreed upon Scope of Work has been completed; (ii) all LACMTA
audit and reporting requirements have been satisfied; and (iii) the final disbursement of
the Funds has been made to Grantee. All eligible Project expenses as defined in the
Reporting and Expenditure Guidelines (Attachment D), incurred after the FA is executed
shall be reimbursed in accordance with the terms and conditions of this FA unless
otherwise agreed to by the parties in writing.
2. SUSPENDED OR TERMINATION
Should LACMTA determine there are insufficient Measure R Funds available for the
Project, LACMTA may suspend or terminate this FA by giving written notice to GRANTEE
at least thirty (30) days in advance of the effective date of such suspension or
termination. If a Project is suspended or terminated pursuant to this section, LACMTA
will not reimburse GRANTEE any costs incurred after that suspension or termination
date, except those costs necessary (i) to return any facilities modified by the Project
construction to a safe and operable state; and (ii) to suspend or terminate the
construction contractor's control over the Project. LACMTA's share of these costs will be
consistent with the established funding percentages outlined in this FA.
3. INVOICE BY GRANTEE
Unless otherwise stated in this FA, the Quarterly Expenditure Report, with supporting
documentation of expenses and Project progress as described in Part II, Sections 6.1 of
this FA, and other documents as required, shall satisfy LACMTA invoicing requirements.
Send invoice with supporting documentation to:
Los Angeles County Metropolitan Transportation Authority
Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051 -0296
Re: LACMTA Project ID# MR312.22 and FA# MOU.MR312.22
Project Manager: Fulgene Asuncion, MS: 99 -22 -9
4. USE OF FUNDS:
4.1 Grantee shall utilize the Funds to complete the Project as described
in the Scope of Work and in accordance with the Reporting and Expenditure Guidelines
and the specifications for use for the transportation purposes described in the Ordinance.
Rev: 06.20.11 6 South Bay Measure R Highway Program FA
4.2 Attachment C shall constitute the agreed upon Scope of Work
between LACMTA and Grantee for the Project. The Funds, as granted under this FA,
can only be used towards the completion of the Scope of Work detailed in Attachment C.
4.3 Grantee shall not use the Funds to substitute for any other funds or
projects not specified in this FA. Further, Grantee shall not use the Funds for any
expenses or activities above and beyond the approved Scope of Work (Attachment C)
without an amendment to the FA approved and signed by the LACMTA Chief Executive
Officer or his Designee.
4.4 Grantee must use the Funds in the most cost - effective manner. If
Grantee intends to use a consultant or contractor to implement all or part of the Project,
LACMTA requires that such activities be procured in accordance with Grantee's
contracting procedures and consistent with State law as appropriate. Grantee will also
use the Funds in the most cost - effective manner when the Funds are used to pay "in-
house" staff time. Grantee staff or consultant with project oversight roles can not award
work to companies in which they have a financial or personal interest. This effective use
of funds provision will be verified by LACMTA through on -going Project monitoring and
through any LACMTA interim and final audits.
4.5 If a facility, equipment (such as computer hardware or software),
vehicle or property, purchased or leased using the Funds, ceases to be used for the
proper use as originally stated in the Scope of Work, or the Project is discontinued, any
Funds expended for that purpose must be returned to LACMTA as follows: Grantee shall
be required to repay the Funds in proportion to the useful life remaining and in an equal
proportion of the grant to Grantee Funding Commitment ratio.
5. REIMBURSEMENT OF FUNDS
Funds will be released on a reimbursement basis in accordance with invoices submitted
in support of the Monthly Progress and Quarterly Expenditure Report. LACMTA will make
all disbursements electronically unless an exception is requested in writing.
Reimbursements via Automated Clearing House (ACH) will be made at no cost to
Grantee. Grantee must complete the ACH form and submit such form to LACMTA before
grant payments can be made. ACH Request Forms can be found at
www.metro.net/projects _studies /call_projects /ref docs.htm. Grantee must provide
detailed supporting documentation with its Monthly Progress and Quarterly Expenditure
Report. Grantee Funding Commitment, if any, must be spent in direct proportion to the
Funds with each quarter's payment.
6. REPORTING AND AUDIT REQUIREMENTS /PAYMENT ADJUSTMENTS:
6.1 Grantee shall submit the Monthly Progress Report (Attachment D1)
within seven (7) days from the last day of each month and submit the Quarterly
Expenditure Report (Attachment D2) within sixty (60) days after the close of each quarter
on the last day of the months November, February, May and August. Should Grantee fail
to submit such reports within 10 days of the due date and /or submit incomplete reports,
Rev: 06.20.11 7 South Bay Measure R Highway Program FA
LACMTA will not reimburse Grantee until the completed required reports are received,
reviewed, approved. The Monthly Progress and the Quarterly Expenditure Report shall
include all appropriate documentation (such as contractor invoices, timesheets, receipts,
etc.). All supporting documents must include a clear justification and explanation of their
relevance to the Project. If no activity has occurred during a particular quarter, Grantee
will still be required to submit the Monthly Progress and Quarterly Expenditure Report
indicating no dollars were expended that quarter. If a request for reimbursement exceeds
$500,000 in a single month, then Grantee can submit such an invoice once per month
with supporting documentation.
6.2 LACMTA, and /or its designee, shall have the right to conduct audits
of the Project, as deemed appropriate, such as f nancial and compliance audits; interim
audits; pre -award audits, performance audits an(I final audits. LACMTA will commence a
final audit within six months of receipt of acceptable final invoice, provided the Project is
ready for final audit (meaning all costs and charges have been paid by Grantee and
invoiced to LACMTA, and such costs, charges and invoices are properly documented
and summarized in the accounting records to enable an audit without further
explanation or summarization including actual indirect rates for the period covered by
the FA period under review). Grantee agrees to establish and maintain proper
accounting procedures and cash management records and documents in accordance
with Generally Accepted Accounting Principles (GAAP). Grantee shall reimburse
LACMTA for any expenditure not in compliance with the Scope of Work and /or not in
compliance with other terms and conditions of this FA. The allowability of costs for
Grantee's own expenditures submitted to LACMTA for this Project shall be in compliance
with Office of Management and Budget (OMB) Circular A -87. The allowability of costs for
Grantee's contractors, consultants and suppliers expenditures submitted to LACMTA
through Grantee's Monthly Progress Reports and Quarterly Expenditures shall be in
compliance with OMB Circular A -87 or Federal Acquisition Regulation (FAR) Subpart 31
(whichever is applicable). Findings of the LACMTA audit are final. When LACMTA audit
findings require Grantee to return monies to LACMTA, Grantee agrees to return the
monies within thirty (30) days after the final audit is sent to Grantee.
6.3 Grantee's records shall include, without limitation, accounting
records, written policies and procedures, contract files, original estimates,
correspondence, change order files (including documentation covering negotiated
settlements), invoices, and any other supporting evidence deemed necessary by
LACMTA to substantiate charges related to the Project (all collectively referred to as
"records ") shall be open to inspection and subject to audit and reproduction by LACMTA
auditors or authorized representatives to the extent deemed necessary by LACMTA to
adequately permit evaluation of expended costs. Such records subject to audit shall
also include, without limitation, those records deemed necessary by LACMTA to
evaluate and verify, direct and indirect costs, (including overhead allocations) as they
may apply to costs associated with the Project. These records must be retained by
Grantee for three years following final payment under this Agreement. Payment of
retention amounts shall not occur until after the LACMTA's final audit is completed.
Rev: 06.20.11 8 South Bay Measure R Highway Program FA
6.4 Grantee shall cause all contractors to comply with the requirements
of Part II, Section 5, paragraphs 6.2 and 6.3 above. Grantee shall cause all contractors
to cooperate fully in furnishing or in making available to LACMTA all records deemed
necessary by LACMTA auditors or authorized representatives related to the Project.
6.5 LACMTA or any of its duly authorized representatives, upon
reasonable written notice shall be afforded access to all of the records of Grantee and
its contractors related to the Project, and shall be allowed to interview any employee of
Grantee and its contractors through final payment to the extent reasonably practicable.
6.6 LACMTA or any of its duly authorized representatives, upon
reasonable written notice, shall have access to 'she offices of Grantee and its
contractors, shall have access to all necessary records, including reproduction at no
charge to LACMTA, and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the terms and conditions of this FA.
6.7 When business travel associated with the Project requires use of a
vehicle, the mileage incurred shall be reimburses- at the mileage rates set by the Internal
Revenue Service, as indicated in the United States General Services Administration
Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates.
6.8 Grantee shall be responsibe for ensuring all
contractors /subcontractors for the Project comply with the terms of the Ordinance.
Grantee shall cooperate with LACMTA Audit Department such that LACMTA can meet
its obligations under the Ordinance.
6.9 Grantee shall certify each invoice by reviewing all subcontractor
costs and maintaining internal control to ensure that all expenditures are allocable,
allowable and reasonable and in accordance with OMB A -87 or FAR subparagraph 31
(whichever is applicable) and the terms and conditions of this FA.
6.10 Grantee shall also certify final costs of the Project to ensure all
costs are in compliance with OMB A -87 or FAR subparagraph 31 (whichever is
applicable) and the terms and conditions of this FA.
6.11 In addition to LACMTA's other remedies as provided in this FA,
LACMTA may withhold the Funds if the LACMTA audit has determined that Grantee
failed to comply with the Scope of Work (such as misusing Funds or failure to return
Funds owed to LACMTA in accordance with LACMTA audit findings) and /or is severely
out of compliance with other terms and conditions as defined by this FA, including the
access to records provisions of Part II, Section 6.
7. GRANT
This is a one time only grant of the Measure R Funds are subject to the terms and
conditions agreed to herein. This grant does not imply nor obligate any future funding
commitment on the part of LACMTA.
073
Rev: 06.20.11 9 South Bay Measure R Highway Program FA
8. SOURCES AND DISPOSITION OF FUNDS:
8.1 The obligation for LACMTA to grant the Funds for the Project is
subject to sufficient Funds being made available for the Project by the LACMTA Board
of Directors. If such Funds are not made available as anticipated from Measure R
Program revenues, LACMTA will have the right to adjust the cash flow accordingly until
such funds become available. LACMTA shall have no obligation to provide any other
funds for the Project, unless otherwise agreed to in writing by LACMTA.
8.2 Grantee shall fully fund and contribute the Grantee Funding
Commitment, if any is identified in the Project Funding (Attachment A), towards the cost
of the Project. If the Funds identified in Attachment A are insufficient to complete the
Project, Grantee may request additional Measure R funds from its sub - region earmark
pending support of the sub - region's Governing Board, the South Bay Cities Council of
Governments (SBCCOG). A particular sub - region's Measure R funds are limited to the
amount specified in the Ordinance and is still subject to approval of the LACMTA Board.
Nothing in this FA shall obligate, or be construed to obligate the LACMTA Board to
approve such request for additional funds. If the Funds are still insufficient to complete
the Project, Grantee agrees to secure and provide such additional non- LACMTA
programmed funds necessary to complete the Project.
8.3 Grantee shall be responsible for any and all cost overruns for the
Project pursuant to Section 8.2.
8.4 Grantee shall be eligible for the Funds up to the grant amount
specified in Part 1, Section 2 of this FA subject to the terms and conditions contained
herein. Any Funds expended by Grantee prior to the execution of this FA (prior to the
LACMTA Chief Executive Officer's signature) shall not be reimbursed nor shall they be
credited toward the Grantee Funding Commitment requirement, without the prior written
consent of LACMTA. Grantee Funding Commitment dollars expended prior to the year
the Funds are awarded shall be spent at Grantee's own risk.
8.5 If Grantee receives outside funding for the Project in addition to the
Funds identified in the Project Funding and the Expenditure Plan at the time this grant
was awarded, this FA shall be amended to reflect such additional funding. If, at the time
of final invoice or voucher, funding for the Project (including the Funds, Grantee Funding
Commitment, and any additional funding) exceeds the actual Project costs, then the cost
savings shall be applied in the same proportion as the sources of funds from each party
to this FA as specified in the Project Funding and both the Funds and Grantee Funding
Commitment required for the Project shall be reduced accordingly.
9. TIMELY USE OF FUNDS / REPROGRAMMING OF FUNDS:
9.1 Grantee must demonstrate timely use of the Funds by:
(i) executing this FA within ninety (90) days of receiving formal
transmittal of the FA from LACMTA, or by December 31 of the
074
Rev: 06.20.11 10 South Bay Measure R Highway Program FA
first Fiscal Year in which the Funds are programmed,
whichever date is later; and
(ii) meeting the Project milestones due dates as agreed upon by
the LACMTA and Grantee in Attachment C (Scope of Work)
of this FA. Contracts for construction or capital purchase shall
be executed within nine (9) months from the date of
completion of design; and
(iii) submitting the Monthly Progress and Quarterly Expenditure
Report as described in Part II, Section 6.1 of this FA; and
(iv) expending the Funds granted under this FA for allowable
costs within five years or 60 months from July 1 of the Fiscal
Year in which the Fur:ds are programmed, unless otherwise
stated in this FA. All =unds programmed for FY 2011 -12 are
subject to lapse by June 30, 2016.
9.2 In the event that the timely use of the Funds is not demonstrated as
described in Part II, Section 9.1 of this FA, the Project will be reevaluated by LACMTA as
part of its annual Recertification /Deobligation pro�;ess and the Funds may be
reprogrammed to another project by the LACMTA Board of Directors in accordance with
the Ordinance, which may require that any reprogrammed funds be returned to the sub-
region. In the event that all the Funds are reprogrammed, this FA shall automatically
terminate.
10. DEFAULT:
A Default under this FA is defined as any one or more of the following: (i) Grantee fails to
comply with the terms and conditions contained herein; or (ii) Grantee fails to perform
satisfactorily or makes a material change, as detE:rmined by LACMTA at its sole
discretion, to the Expenditure Plan, the Scope of Work, or the Project Funding without
LACMTA's prior written consent or approval as provided herein.
11. REMEDIES:
11.1 In the event of a Default by Grantee, LACMTA shall provide written
notice of such Default to Grantee with a 30 -day period to cure the Default. In the event
Grantee fails to cure the Default, or commit to cure the Default and commence the same
within such 30 -day period to the satisfaction of LACMTA, LACMTA shall have the
following remedies: (i) LACMTA may terminate this FA; (ii) LACMTA may make no further
disbursements of Funds to Grantee; and /or (iii) LACMTA may recover from Grantee any
Funds disbursed to Grantee as allowed by law or in equity.
11.2 Effective upon receipt of written notice of termination from LACMTA,
Grantee shall not undertake any new work or obligation with respect to this FA unless so
directed by LACMTA in writing. Any Funds expended after termination shall be the sole
responsibility of Grantee.
Rev: 06.20.11 11 South Bay Measure R Highway Program FA
0115
11.3 The remedies described herein are non - exclusive. LACMTA shall
have the right to enforce any and all rights and remedies herein or which may be now or
hereafter available at law or in equity.
12. COMMUNICATIONS:
12.1 Grantee shall ensure that all Communication Materials contain
recognition of LACMTA's contribution to the Project. For purposes of this Agreement,
"Communications Materials" include, but are not limited to, newsletters and other printed
materials, advertising, websites and electronic media, and construction site signage.
12.2 Grantee shall ensure that at -3 minimum, all Communications
Materials shall include (i) the phrase "A Measure R project funded by Metro "; and (ii) the
Metro logo. Further guidance on acknowledging LACMTA contribution is provided in the
Communications Materials guidelines available from the LACMTA Communications
Division.
12.3 The Metro logo is a trademarked item that shall be reproduced and
displayed in accordance with specific graphic guidelines available from the LACMTA
Communications Division.
12.4 Grantee shall ensure that any subcontractor, including, but not
limited to, public relations, public affairs, and /or marketing firms hired to produce Project
Communications Materials will comply with the requirements contained in this Section
12.
12.5 Grantee shall notify the LACIVITA Chief Communications Officer or
his /her designee of all press events related to the Project in such a manner that allows
LACMTA to participate in such events, at LACMTA's sole discretion.
12.6 The Metro logo is a trademarked item that shall be reproduced and
displayed in accordance with specific graphic guidelines available from the LACMTA
Communications Division.
12.7 Grantee shall ensure that any subcontractor, including, without
limitation, public relations, public affairs, and /or marketing firms hired to produce Project
Communications Materials will comply with the requirements contained in this Section
12.
13. OTHER TERMS AND CONDITIONS:
13.1 This FA, along with its Attachments, constitutes the entire
understanding between the parties, with respect to the subject matter herein. The FA
shall not be amended, nor any provisions or breach hereof waived, except in writing
signed by the parties who agreed to the original FA or the same level of authority.
Rev: 06.20.11 12 South Bay Measure R Highway Program FA
C9, 6
13.2 Grantee is obligated, to continue using the Project dedicated to the
public transportation purposes for which the Project was initially approved. The Project
right -of -way, the Project facilities constructed or reconstructed on the Project site, and /or
Project property purchased excluding construction easements and excess property
(whose proportionate proceeds shall be distributed in an equal proportion of the grant to
Grantee Funding Commitment ratio) shall remain dedicated to public transportation use in
the same proportion and scope and to the same extent as described in this FA.
Equipment acquired as part of the Project, including office equipment, vehicles, shall be
dedicated to that use for their full economic life cycle, including any extensions of that life
cycle achieved by reconstruction, rehabilitation, or enhancements.
13.3 In the event that there is any legal court (e.g., Superior Court of the
State of California, County of Los Angeles, or the U.S. District Court for the Central
District of California) proceeding between the parties to enforce or interpret this FA, to
protect or establish any rights or remedies hereunder, the prevailing party shall be entitled
to its costs and expenses, including reasonable attorney's fees.
13.4 Neither LACMTA nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or committed
to be done by Grantee under or in connection with any work performed by and or service
provided by Grantee, its officers, agents, employE es, contractors and subcontractors
under this FA. Grantee shall fully indemnify, defend and hold LACMTA, and its officers,
agents and employees harmless from and against any liability and expenses, including
without limitation, defense costs, any costs or liability on account of bodily injury, death or
personal injury of any person or for damage to or loss of risk of property, any
environmental obligation, any legal fees and any 4;laims for damages of any nature
whatsoever arising out of the Project, including without limitation: (i) use of the Funds by
Grantee, or its officers, agents, employees, contractors or subcontractors; (ii) breach of
Grantee's obligations under this FA; or (iii) any act or omission of Grantee, or its officers,
agents, employees, contractors or subcontractors in the performance of the work or the
provision of the services, in connection with the Project including, without limitation, the
Scope of Work, described in this FA.
13.5 Neither party hereto shall be considered in default in the
performance of its obligation hereunder to the extent that the performance of any such
obligation is prevented or delayed by unforeseen causes including acts of God, acts of a
public enemy, and government acts beyond the control and without fault or negligence of
the affected party. Each party hereto shall give notice promptly to the other of the nature
and extent of any such circumstances claimed to delay, hinder, or prevent performance of
any obligations under this FA.
13.6 Grantee shall comply with and insure that work performed under this
FA is done in compliance with Generally Accepted Accounting Principles (GAAP), all
applicable provisions of federal, state, and local laws, statutes, ordinances, rules,
regulations, and procedural requirements including Federal Acquisition Regulations
(FAR), and the applicable requirements and regulations of LACMTA. Grantee
acknowledges responsibility for obtaining copies of and complying with the terms of the
Rev: 06.20.11 13 South Bay Measure R Highway Program FA
most recent federal, state, or local laws and regulations, and LACMTA requirements
including any amendments thereto.
13.7 Grantee agrees that the applicable requirements of this FA shall be
included in every contract entered into by Grantee or its contractors relating to work
performed under this FA and LACMTA shall have the right to review and audit such
contracts.
13.8 Grantee shall not assign this FA, or any part thereof, without prior
approval of the LACMTA Chief Executive Officer or his designee, and any assignment
without said consent shall be void and unenforceable.
13.9 This FA shall be governed by California law. If any provision of this
FA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions shall nevertheless continue in full force without being impaired or
invalidated in anyway.
13.10 The covenants and agreements of this FA shall inure to the benefit
of, and shall be binding upon, each of the parties and their respective successors and
assigns.
13.11 If any software /Intelligent Transportation Systems ( "ITS ") is
developed with the Funds and if Grantee ceases ",o use the software /ITS for public
purposes or Grantee sells, conveys, licenses or otherwise transfers the software /ITS,
LACMTA shall be entitled to a refund or credit, at LACMTA's sole option, equivalent to the
amount of the Funds spent developing the software /ITS. Such refund or credit shall not
be required, subject to LACMTA approval of the intended use, if Grantee reinvests the
proceeds of such sale, conveyance, license or transfer into the Project to offset operating
or systems management costs.
13.12 Implementation of any ITS project shall be consistent with the
Regional ITS Architecture. ITS projects must comply with the LACMTA Countywide ITS
Policy and Procedures adopted by the LACMTA Board of Directors including the
submittal of a completed, signed self- certification form in the form of Attachment F -1. For
the ITS policy and form, see
www.metro.net/promects studies /call projects /other resources.htm.
13.13 If any parking facilities are designed and /or constructed using the
Funds, Grantee shall coordinate with LACMTA parking program staff (see METRO.net for
staff listing) in the planning, design and management of the facility and shall ensure that
its implementation is consistent with the LACMTA adopted parking policy. For the parking
policy, see www.metro.net/projects _studies / call _projects /other_resources.htm.
13.14 Grantee will advise LACMTA prior to any key Project staffing
changes.
Rev: 06.20.11 14 South Bay Measure R Highway Program FA
078
13.15 Notice will be given to the parties at the address specified in Part I,
unless otherwise notified in writing of change of address.
13.16 Grantee in the performance of the work described in this FA is not a
contractor nor an agent or employee of LACMTA. Grantee attests to no organizational or
personal conflicts of interest and agrees to notify LACMTA immediately in the event that a
conflict, or the appearance thereof, arises. Grantee shall not represent itself as an agent
or employee of LACMTA and shall have no powers to bind LACMTA in contract or
otherwise.
Rev: 06.20.11 15 South Bay Measure R Highway Program FA
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ATTACHMENT B
EXPENDITURE PLAN GUIDELINES
State Law Requires All Measure R Project and Program Sponsors to Submit an
Expenditure Plan
To be eligible to receive Measure R revenues, an agency sponsoring a capital project or program must by
state law (AB 2321) submit an expenditure plan that is acceptable to the Los Angeles County Metropolitan
Transportation Authority ( LACMTA). Pursuant to this law, LACMTA cannot release Measure R funds to
capital project or program sponsors until an expenditure plan containing the following elements is submitted,
reviewed and deemed satisfactory by LACMTA. LACMTA staff will request that an expenditure plan be
submitted before making a recommendation to the LACMTA Board to program funds to that project:
o The estimated total cost for each project and program and /o. each project or program activity;
o Funds other than Measure R that the project or program sponsor anticipates will be expended on the
projects and programs and /or each project or program activity;
o The schedule during which the project sponsor anticipateF funds will be available for each project and
program and /or each project or program activity; and,
o The expected completion dates for each project and program and /or project or program activity.
Each of the above elements must be provided in enough detail +:o determine consistency with Measure R, the
Lc.ng Range Transportation Plan for Los Angeles County, z nd the Los Angeles County Transportation
Improvement Program (also a statutorily mandated function), as follows:
o Project or program scope of work, including sufficient information to determine funding eligibility, including,
bL t not limited to, the anticipated proportional use of current rail rights -of -way, state highways, and below -
ground subways versus any other rights -of -way or above - ground work;
o A current -year cost estimate breakdown of the major sub- elements of the project such as overhead,
environmental and permit work, design and engineering, right -of -way, construction /installation (including
maintenance facilities, rail yard, equipment and other major components), construction /installation support,
interest costs, rolling stock, and other supporting components;
o Any extraordinary project cost escalation issues, such as extraordinary commodity, right -of -way, surety,
energy costs, etc.;
o A specific and accurate description of the source, commitment, and anticipated annual availability of any
federal, state, local, or private funding identified for the project if applicable including a 3% local funding
contribution to rail projects if indicated in Measure R and necessary to meet project expenses, and if the
source funds are in current or year -of- expenditure dollars;
o An annual schedule, in current dollars, of anticipated costs by the cost estimate categories described
above; and;
o The expected completion by month and year of project or program completion.
South Bay Measure R Funding Agreement
Attachment B - Expeniture Plan Guidelines
Rev: 06.20.11
ATTACHMENT B
EXPENDITURE PLAN GUIDELINES
State Law Requires All Measure R Project and Program Sponsors to Submit an
Expenditure Plan
Below is an excerpt of AB 2321 (2008, Feuer) the state legislation that requires the expenditure plan.
What AB 2321 (2008 Feuer) Says About the Expenditure Plan:
Section b (3) B
(t) Prior to submitting the ordinance to the voters, the MTA shall adopt an expenditure plan for the net
revenues derived from the tax. The expenditure plan shall include, in addition to other projects and programs
identified by the MTA, the specified projects and programs listed in paragraph (3) of subdivision (b), the
estimated total cost for each project and program, funds other than the tax revenues that the MTA anticipates
will be expended on the projects and programs, and the schedule during which the MTA anticipates funds will
br available for each project and program. The MTA shall also identify in its expenditure plan the expected
ccmpletion dates for each project described in subparagraph (!I) of paragraph (3) of subdivision (b). To be
eligible to receive revenues derived from the tax, an agency sponsoring a capital project or capital program
small submit to the MTA an expenditure plan for its project or program containing the same elements as the
expenditure plan that MTA is required by this subdivision to prepare.
(k, No later than 365 days prior to the adoption of an amendment described in paragraph (1) to an
expenditure plan adopted pursuant to subdivision (t), including, but not limited to, the expenditure plan
adopted by the MTA board as "Attachment A" in Ordinance #08 -01 adopted by the board on July 24, 2008,
and in addition to any other notice requirements in the proposing ordinance, the board shall notify the
Members of the Legislature representing the County of Los Angeles of all of the following:
1) A description of the proposed amendments to the adopted expenditure plan that would do any of the
following.
(A) Affect the amount of net revenues derived from the tax unposed pursuant to this act that is proposed
to be expended on a capital project or projects identified in the adopted expenditure plan.
(B) Affect the schedule for the availability of funds proposed to be expended on a capital project or
projects identified in the adopted expenditure plan.
(C) Affect the schedule for the estimated or expected completion date of a capital project or projects
identified in the adopted expenditure plan.
(2) The reason for the proposed amendment.
(3) The estimated impact the proposed amendment will have on the schedule, cost, scope, or timely
availability of funding for the capital project or projects contained in the adopted expenditure plan.
South Bay Measure R Funding Agreement
Attachment B - Expeniture Plan Guidelines
Rev 06.20.11 `
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Project# MR312.22
FTIP #: LAOG727 Funding Agreement #MOU.MR312.22
South Bay Measure R Highway Program
ATTACHMENT C
SCOPE OF WORK
Design and Construction
City of El Segundo
PROJECT TITLE: Maple Avenue Arterial Improvements
PROJECT LOCATION:
The project is located in the City of El Segundo, iii the South Bay region of Los Angeles
County.
PROJECT LIMITS:
The project limits are Sepulveda Boulevard (High•Nay 1) on the west and the Parkview
Drive N. on the east. It parallels Imperial Highwa, and connects to the 105 freeway.
NEXUS TO HIGHWAY OPERATION DEFINITION / PROJECT PURPOSE:
Maple Avenue is an east -west arterial and a primary access route between the 105
FWY and State Route 1 (Sepulveda Boulevard). The primary purpose of this project is
to facilitate traffic movements to better serve existing traffic patterns. The proposed
project would provide an alternative route that would cause a diversion of existing traffic
from Sepulveda Boulevard. Traffic will use the newly paved street to avoid the
Sepulveda /Imperial intersection and congested portion of Imperial Highway. This
project will alleviate congestion on Sepulveda Boulevard, provide an easier access to
the 105 FWY and a much better driving experience on Maple Avenue.
PROJECT BACKGROUND:
Maple Avenue is located east of Sepulveda Boulevard (Highway 1) to Douglas Street.
The route has become an increasingly significant commercial corridor in the last ten
years with office, retail and other major employers such as Boeing and USAFB. The
proposed Maple Avenue project is about 2,700 feet and it is the main arterial roadway
connecting west of the City to 105 Freeway. It is also adjacent to and intersects
Highway 1 (Sepulveda Boulevard). This project will provide an additional east -west
route between Highway (1) and the 105 freeway, an alternate route to the parallel east —
west arterial of Imperial Highway and El Segundo Boulevard. Once the project is
complete, the on -ramp at Parkview Drive will serve as the primary local access to the
105 freeway providing an alternative travel route and reducing the congestion at the 105
on -ramp on Imperial Highway. Maple Avenue will also provide a secondary route to off -
ramp of the 105 freeway at Nash Street.
Rev: 06.20.11
FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK
U8L1,
Project# MR312.22
FTIP #: LAOG727 Funding Agreement #MOU.MR312.22
South Bay Measure R Highway Program
PROJECT SCOPE:
The project consist of design, construction and construction management to rehabilitate
the existing pavement, construct a storm drain system to improve lane access and
traffic, storm water manhole and catch basins on Maple Avenue that will adequately
convey a 50 year storm flow.
PROJECT COST:
PROJECT BUDGET:
% Of Cost
Planning
$ 25,000
1 %
PA &ED
$ 25,000
1 %
PS &E
$ 200,000
8%
Right of Way Support
$ 2,500,000
100%
Right of Way Acquisition
Construction
$ 1,800,000
72%
Construction Mana ement
$200,000
8%
10 °0
Project Coordination and
$ 250,000
Construction Contin encies
Total Project Cost
$ 2,500,000
100%
PROJECT BUDGET:
Rev: 06.20.11 2 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK S
% Of B4d' et
METRO
$ 2,500,000
100%
GRANTEE
OTHER FUNDING
Total
$ 2,500,000
100%
Rev: 06.20.11 2 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK S
FTIP #: LAOG727
South Bay Measure R Highway Program
MILESTONES:
Project# MR312.22
Funding Agreement #MOU.MR312.22
Rev: 06.20.11 3 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK U 8 6
START DATE
COMPLETION DATE
PLANNING
—
Completed
Prepare Concept Report
_
Prepare Feasibility Stud
Prepare Project Study Report
Intelligent Transportation S stem (ITS)
N/A
Feasibility Study
Concept Exploration
February 2012
March 2012
PRELIMINARY DESIGN
Prepare Detailed Design Plans
Prepare Detailed Construction Plans
Prepare Project Cost Estimate
Intelligent Transportation System (ITS
N/A
Concept of Operations
System Requirements
High Level Design
PA &ED
Prepare Environmental Document
December 2.011
December 2011
Document Type: Notice of Exemption
N/A
Sco in
„
Technical Studies
Draft Environmental Document
Final Environmental Document
Community Outreach
December2011
December 2011
Secure Project Approval
Intelligent Transportation System ITS
N/A
January 2012
January 2012
Categorical Exemption Filing
PS &E
35% PS &E
Preliminary Investigations
February 2012
March 2012
Preliminary Foundation
N/A
February 2012
March 2012
Geometric Drawings
Bridge Type Selection Roadway and
N/A
Retrofit Strategy
ADL Review
Utilities
Right-of-Way
„
Februa 2012
March 2012
Estimating
Civic Design
Structural Design
N/A
Intelligent Transportation System ITS
Detailed Design
ITS —Drawings
„
System Plans
«
Communications Plans
„
Systems Integrations Plans
„
Software Specifications
March 2012
March 2012
Project Review & Comments
65% PS &E
March 2012
June 2012
Civil Design Plans
Rev: 06.20.11 3 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK U 8 6
FTIP #: LAOG727
South Bay Measure R Highway Program
Project# MR312.22
Funding Agreement #MOU.MR312.22
Right-of-Way En ineerin g
N/A
Structural Design
Ma 2012
May 2012
Prepare Project Cost Estimate
Intelligent Transportation System (ITS
N/A
Detailed Design
„
ITS Drawings
„
System Plans
-
Communications Plans
Systems Inte rations Plans
Equipment S ecifications
Software Specifications
Ma 2012
June 2012
Project Review & Comments
June 2012
Jul 2012
95% PS &E
Civil Design Plans
N/A
Structural Design
Intelli ent Trans ortation System (ITS
Detailed Design
ITS -Drawings
System Plans
„
Communications Plans
Systems Integrations Plans
Equipment Specifications
Software Specifications
Jul 2011
Jul 2012
Submittals & Reviews
Jul 201?
July 2012
Submit Final PS &E
Outside Agency Review
RIGH OF WAY SUPPORT
N/A
Certification/Mapping
A raisal
RIGHT OF WAY ACQUISITION
Certification/Mapping
Title Report
Meet with Property Owners
Appraisal
Environmental Investigation
Closing/Acquire Property/Relocation
Physical Possession
Remediation
Utility Relocation
Third Party Coordination
Design Utilities
Relocate Utilities
SOLICITATION BID /PROPOSAL
October 2011
October 2011
Develop Solicitation Package
December 2011
December 2011
Solicitation Response
Evaluations
Selection
Board Approval
January 2012
January 2012
Contract Award
January 2012
January 2012
Fully Executed Contract
February 2012
February 2012
Rev: 06.20.11
FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK
U CAS
FTIP #: LAOG727
South Bay Measure R Highway Program
CONSTRUCTION MILESTONES:
Project# MR312.22
Funding Agreement #MOU.MR312.22
Rev: 06.20.11 5 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK t 4 O
START DATE
COMPLETION DATE
Excavation
March 2013
June 2013
Clear /Grub _
1.
Survey
Sample Borings
«
Grading«
Compaction
April 2013
Jul 2013
Drainage
Environmental
N/A
N/A
Hazardous Materials Handlin
Archaeological
Air Quality Monitoring
Concrete
May 2013
June 2013
Form Work
N /��
N/A
Rebar Placement
Pole Placement
March 2013
September 2013
Traffic Control
TMP
Structural
N/A
False Work
Iron Placement
Pole Placement
Utilities
N/A
DW P
SCE
LADOT
Materials
M/A
Long-Lead Equipment
Staging
Material Lay Down Area
Si na e
Electrical
N/A
Power U/G Communication
A/G Testing/Acceptance
Landscape
Clearing
August 2013
September 2013
l in
t
H
Plant Establishment
It
I rri ation
«
Testing
Rev: 06.20.11 5 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK t 4 O
FTIP #: LAOG727
South Bay Measure R Highway Program
Project# MR312.22
Funding Agreement #MOU.MR312.22
Rev: 06.20.11 6 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK
START DATE
COMPLETION DATE
Change Orders
N/A
P.O. Processin Time
Weather
Third Party Issues
Strike Labor Walk Outs
Force Majeure
Claims
Solicitation (Bid/Proposal)
Develop Solicitation Package
September 2012
October 2012
Solicitation Response
Evaluations
-
Selection
«
Board Approval Process
Contract Award
November 2012
December 2012
Fully Executed Contract
Rev: 06.20.11 6 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK
FTIP #: LAOG727
South Bay Measure R Highway Program
2.
{
V
imperial Hwy
6
p
Project# MR312.22
Funding Agreement #MOU.MR312.22
ATTACHMENT C - Location Map
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aple Avenue from Sepulveda
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Rev: 06.20.11 7 FA- South Bay Measure R Funding Agreement -
STATEMENT OF WORK J U
FA SOUTH BAY MEASURE R HIGHWAY PROGRAM - ATTACHMENT D
REPORTING & ADMINISTRATIVE GUIDELINES
REPORTING PROCEDURES
Monthly Progress Report (Attachment D1) and Quarterly Expenditure Report
(Attachment D2) are required for all projects. The Grantee shall be subject to and comply
with all applicable requirements of the funding agency regarding project- reporting
requirements. In addition, Grantee will submit the reports to the LACMTA at P.O. Box
512296, Los Angeles, CA 90051 -0296. Please note that letters or other forms of
documentation may not be substituted for this form.
The Monthly Progress Report and the Quarterly Expenditure Report covers all activities
related to the project and lists all costs incurred. It is essential that Grantee provide
complete and adequate response to all the questions. The expenses listed must be
supported by appropriate documentation with a clear explanation of the purpose and
relevance of each expense to the project. Expenses must reflect the proportionate share of
local match, including in -kind, charged to the grant.
• In cases where there are no activities to report, or problems causing delays, clear
explanation, including actions to remedy the situaticn, must be provided.
• Grantees are required to track and report on the project schedule. LACMTA will monitor
the timely use of funds and delivery of projects. Project delay, if any, must be reported
each quarter. Projects not delivered in a timely manner will be reevaluated by LACMTA
as part of the annual Measure R allocation update process and the Funds may be
deobligated and reprogrammed by the LACMTA Board.
• The Monthly Progress Report is due to the LACMTA as soon as possible on the last day of
each month. The Quarterly Expenditure Report is due to the LACMTA as soon as
possible after the close of each quarter, but no later than the following dates for each fiscal
year:
Quarter Report Due Date
July = September November 30
October - December February 28
January - March May 31
April - June August 31
Upon completion of the Project a final report that includes project's final evaluation must be
submitted.
EXPENDITURE GUIDELINES
• Any activity or expense charged above and beyond the approved Scope -of -Work (MOU
Attachment C) is considered ineligible and will not be reimbursed by the LACMTA
unless prior written authorization has been granted by the LACMTA Chief Executive
Officer or his designee.
Rev: 04.20.11 1 FA- South BayMeasure R Funding Agreement
Attachment D- Reporting & Admin Guidelines
uJ
FA SOUTH BAY MEASURE R HIGHWAY PROGRAM - ATTACHMENT D
REPORTING & ADMINISTRATIVE GUIDELINES
• Any expense charged to the grant or local match, including in -kind, must be clearly and
directly related to the project.
• Any activity or expense charged as local match cannot be applied to any other LACMTA-
funded or non- LACMTA- funded projects; activities or expenses related to a previously
funded project cannot be used as local match for the current project.
• Administrative cost is the ongoing expense incurred by the Grantee for the duration of
the project and for the direct benefit of the project as specified in the Scope-of-Work
(Attachment C). Examples of administrative costs are personnel, office supplies, and
equipment. As a condition for eligibility, all costs must be necessary for maintaining,
monitoring, coordinating, reporting and budgeting of the project. Additionally, expenses
must be reasonable and appropriate to the activities -elated to the project.
• LACMTA is not responsible for, and will not reimbi rse any costs incurred by the Grantee
prior to the execution of the MOU, unless written authorization has been granted by the
LACMTA Chief Executive Officer or her designee.
• The MOU is considered executed when the LACMTA Chief Executive Officer or her
designee signs the document.
DEFINITIONS
• Local Participation: Where local participation consists of "in- kind" contributions rather
than funds, the following contributions may be included:
• Costs incurred by a local jurisdiction to successfully complete the project.
Examples include engineering, design, rights -of -way purchase, and construction
management costs.
• Donations of land, building space, supplies, equipment, loaned equipment, or
loaned building space dedicated to the project.
• Donations of volunteer services dedicated to the project.
• A third -party contribution of services, land, building space, supplies or equipment
dedicated to the project.
Allowable Cost: To be allowable, costs must be reasonable, recognized as ordinary and
necessary, consistent with established practices of the organization, and consistent with
industry standard of pay for work classification.
• Excessive Cost: Any expense deemed "excessive" by LACMTA staff would be adjusted to
reflect a "reasonable and customary" level. For detail definition of "reasonable cost ",
please refer to the Federal Register OMB Circulars A -87 Cost Principals for State and
Local Governments; and A -122 Cost Principals for Nonprofit Organizations
• In- eligible Expenditures: Any activity or expense charged above and beyond the approved
Scope -of -Work is considered in eligible.
Rev: 04.20.11 2 FA- South BayMeasure R Funding Agreement
Attachment D- Reporting & Admin Guidelines
LACMTA
(FA)South Bay Measure R Funding Agreement - ATTACHMENT D1
MONTHLY PROGRESS REPORT
Invoice #
Invoice Date
FA#
Monthly Re ort #
GRANTEES ARE REQUESTED TO MAIL THIS REPORT TO
P.O. Box #512296, Los Angeles, CA 90051 -0296 after the close
of each month. Please note that letters or other fors
of documentation may not be substituted for this form. Refer to the
Reporting and Expenditure Guidelines (Attachment D) for further information.
SECTION 1: GENERAL INFORMATION
PROJECT TITLE:
FA #:
MONTHLY REPORT SUBMITTED FOR: Month: Year:
DATE SUBMITTED:
LACMTA Area Team
Representative / Project
Mgr.
Name:
De artment:
Phone Number:
e -mail:
GRANTEE Contact I
Project Manager
Contact Name:
Job Title:
Department:
City /Agency:
L }J
Rev: 06.20.11 1 South Bay Measure R FA- ATTACH DI-MONTHLY PROGRESS
LACMTA
(FA)South Bay Measure R Funding Agreement - ATTACHMENT D1
MONTHLY PROGRESS REPORT
WOO
Grantees must make every effort to accurately portray milestone dates in the original FA Scope of Work, since this will provide the basis for calculating any project delay. If milestone start and/or end dates change from
those stated in the Onainal FA S
FA Milestones
Original FA Start
Date in Scope of
Work (Month/Year)
a
Original FA End
Date in Scope of
Work (Month/Year)
b
LACMTA
Approved
Changes
(Months)
c
LA TA
Approved
Completion
Schedule
d =b +c
Current
Completion
Forecast
(Month/Year)
a
Schedule
Variance
(Months)
f=e -d
Percent
Completed By
Time
PLANNING
Prepare Concept Report
Prepare Feasibility Stud
Prepare Project Study Report
Intelligent Transportation
Feasibility Stud
_
Concept Exploration
Preliminary Design
Prepare Detailed Design Plans
Fe are Detailed Construction
Prepare Project Cost Estimate
Intelligent Transportation
Concept of Operations
j
System Requirements
I
High Level Design
j
PA &ED
Pre are Environmental
Sco in
Technical Studies
Draft Environmental
Final Environmental
Community Outreach
Sacure Project Approval
Intelligent Transportation
Categorical Exemption
PS &E
35% PS &E
Preliminary Investigations
Preliminary Foundation
Geometric Drawings
Bridge Type Selection
ADL Review
Utilities
Right-of-Way
Estimating
Civic Design
Structural Desi n
Intelligent Trans ortation
Detailed Design
ITS Drawings
System Plans
Communications Plans
Systems Integrations Plans
Equipment S ecifications
Software Specifications
Project Review & Comments
65% PS &E
Civil Design Plans
Right-of-Way Engineering
Structural Design
Prepare Project Cost
Intelligent Transportation
Detailed Design
ITS DravAn s
System Plans
Communications Plans
Systems Integrations Plans
Equipment S ecifications
Software Specifications
Project Review & Comments
Rev: 0620.11 2 South Bay Measure R FA- ATTACH Di- MONTHLY PROGRESS
LACMTA
(FA)South Bay Measure R Funding Agreement - ATTACHMENT D1
N1nNT411 V PRnf-0RFRC RFPnRT
FA Milestones
Original FA Start
Date in Scope of
Work (Month/Year)
a
Original FA End
Date in Scope of
Work (Month/Year)
b
LACMTA
Approved
Changes
(Months)
C
LACMTA
Approved
Completion
Schedule
d =b +c
Current
Completion
Forecast
(Month/Year)
a
Schedule
Variance
(Months)
f =e -d
Percent
Completed By
Time
95% PS &E
Civil Design Plans
Structural Design
Intelligent Transportation
Detailed Design
ITS Drawings
System Plans
Communications Plans
Systems Integrations Plans
Equipment S ecifications
Software Specifications
Submittals & Reviews
Submit Final PS &E
Outside Agency Review
ROW
Certification/Mapping
Title Report
Meet with Property Owners
A, raisal
E„vironmental Investigation
Closin /A uisibon/Relocation
Ph sisal Possession
R, mediation
Third Party Coordination
UTILITY RELOCATION
Third Party Coordination
Design Utilities
Relocate Utilities
SOLICITATION BID /PROPOSAL
Develop Solicitation Package
S( licitation Response
Evaluations
Selection
Board Approval
Contract Award
Fully Executed Contract
Rev. 06.20.11 3 South Bay Measure R FA- ATTACH D1- MONTHLY PROGRESS
LACMTA
(FA)South Bay Measure R Funding Agreement - ATTACHMENT D1
MurY I 1711L r1RUl7RC,.7
FA Milestones
Original FA Start
Date in Scope of
Work (Month /Year)
a
Original FA End
Date in Scope of
Work (Month/Year)
b
LACMTA
Approved
Changes
(Months)
c
LACMTA
Approved
Completion
Schedule
d =b +c
Current
Completion
Forecast
(Month/Year)
a
Schedule
Variance
(Months)
f=e -d
Percent
Completed By
Time
CONSTRUCTION
Excavation
Clear /Grub
Survey
Sample Borings
Grading
Compaction
Drainage
Environmental
Hazardous Materials Handlin
Arhaeological
Air Quality Monitor n
Concrete
Form Work
Reber Placement
Imbeds
Testin
Finishing
Traffic: Control
TIM
Structural
F ,Ise Work
Ir,in Placement
Pale Placement
Utilitics
DWP
&'E
LADOT
Mater,als
Long-Lead E ui ment
Staging
Material La Down Area
Si na e
Electrical
P,AVer U/G Communications
A G Testing/Acceptance
'landscape
clearing
Planting
Plant Establishment
Irrigation
Testing
Change Orders
P.O. Processing Time
Weather
Third Party Issues
Strike Labor Walk Outs
Force Ma'eure
Claims
Intelligent Transpo rtation S stem
Hardware / Software
Equipment Installations
Software Development
Systems Integration
Device Testing
Subsystem Verification
System Verification
Final Systems Acceptance
Solicitation (Bid/Proposal)
Develop Solicitation Package
Solicitation Response
Evaluations
Selection
Board Approval Process
Contract Award
Fully Executed Contrail
J
Rev -. 06.20.11 4 South Bay Measure R FA- ATTACH 01- MONTHLY PROGRESS
LACMTA
(FA)South Bay Measure R Funding Agreement - ATTACHMENT D1
MONTHLY PROGRESS REPORT
12 PROJECT COMPLETION
Based on the comparison of the original and actual project milestone schedules above., project is (select only one)
El_�ad of original FA schedule
=on schedule per original FA schedule
Between 12 -24 months behind original schedule
or milestones
this month.
Less than 12 months behind original schedule
=More than 24 months behind original schedule
Is delayed, describe reasons for delay (this month). Pay particular attention to schedule delays. If delay Is for the same reason as mentioned in previous
by writing "Same as Previous Month"
N the ro ect is delayed as described in #4), include action items that have been, or will be, undertaken to resolve the delay.
Issue s) Targeted Resolutinn/Res onse Date
Project Budget
g
LACMTA Approved
Changes
h
Current
Approved
Budget
i =g +h
Expenditures
to Date
j
Estimate At
Completion
k
Cost Variance
1 =k -i
Percent
Completed By
Dollar Amount
FA Milestones
CONSTRUCTION Support
CONSTRUCTION
lie
This Risk Register shall Include a listing of potential project risks. Identify project risks and provide a description of individual risk events or unplanned events that may
occur and the estimated outcome or impact to project scope, cost and schedule; provide a qualitative assessment of risk potential; identify risk mitigation strategies; and
provide recommendations or actions for responding to project risk. This section requires periodic updates as the project progresses and as risk events occur.
Risk Category
Risk Event
Risk Potential
(Low/Medium/High
Risk Mitigation Strategies
Action
Outcome
Environmental
Planning
Design
ROW
Construction
Bid/Award
Third Party
I certify that I am the responsible Project Manager or fiscal officer and representative of
and that to the best of my knowledge and belief the information
stated in this report is true and correct.
Signature
Name
Rev. 06.20 11 5 South Bay Measure R FA- ATTACH D1- MONTHLY PROGRESS
L �) ; ,`
LACMTA
(FA) South Bay Measure R Funding Agreement - ATTACHMENT D2
QUARTERLY EXPENSE REPORT
Invoice #
Invoice Date
FA#
Quarterly Report #
GRANTEES ARE REQUESTED TO MAIL THIS REPORT TO
P.O. Box #512296, Los Angeles, CA 90051 -0296 after the close
of each quarter, but no later than November 30, February 28,
May 31 and August 31. Please note that letters or other forms
of docurnentation may not be substituted for this form. Refer to the
Reporting and Expenditure Guidelines (Attachment D) for further information.
•V 11- (114149TEVILY EYPEVSE : O
Please itemize grant - related charges for this Quarter on Page 5 of this report and include totals in this Section.
Rev: 04.20.11 South Bay Measure R FA - ATTACH D2 - QUARTERLY EXPENSE REPORT
LACMTA
(FA) South Bay Measure R Funding Agreement - ATTACHMENT D2
QUARTERLY EXPENSE REPORT
SECTION •- •
PROJECT TITLE:
FA #:
QUARTERLY REPORT SUBMITTED FOR:
Fiscal Year:
Quarter:
DATE SUBMITTED:
02011 -2012
=2015-2016
=Q1: Jul - Sep
QQ3: Jan - Mar
0 2012 -2013
2016 -2017
Q2: Oct -Dec
Q4: Apr - Jun
02013 -2014 02014 -2015
=2017 -2018 =2018 -2019
LACMTA Area Team
Representative / Project
Name:
Area Team:
Mgr.
Phone Number:
City / Agency:
Mailing Address:
e -mail:
GRANTEE Contact /
Project Manager
Contact Name:
Job Title:
Department:
City / Agency:
Mailing Address:
Phone Number:
e -mail:
x,19 9
Rev: 04.20.11 South Bay lZeasure R FA - ATTACH D2 - QUARTERLY EXPENSE REPORT
LACMTA
(FA) South Bay Measure R Funding Agreement - ATTACHMENT D2
List tasks or milestones accomplished and progress made this quarter.
If project is oeiayea, aescnoe reasvna w. Yvlar 1anw 4---1- - r —• - - - -- - --
reason as mentioned in previous quarters, please indicate by writing "Same as Previous Quarter ".
If the project
a U
Rev: 04.20.11 South Bay Measure R FA - ATTACH D2 - QUARTERLY EXPENSE REPORT
LACMTA
(FA) South Bay Measure R Funding Agreement - ATTACHMENT D2
QUARTERLY EXPENSE REPORT
All expenses and charges, including grant and local match, must be itemized and listed below. Each item listed must be verifiable by an invoice
and /or other proper documentation. The total amounts shown here must be equal to this quarter's expenditures
Notes:
1. Local match spent in each quarter, must be in the appropriate proportion to LACMTA grant.
2. All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number
column of the Itemized Listing (above).
Invoice Payment Information:
LACMTA will make all disbursements electronically unless an exception is requested in writing.
ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213- 922 -6107.
ACH Request Forms can be found at www.metro.net/califorprojects.
Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213 - 922 -6107.
I certify that I am the responsible Project Manager or fiscal officer and representative of
and that to the best of my knowledge and belief the information
stated in this report is true and correct.
Signature Date
Name
Title
lUl
Rev: 04.20.11 South Bay Measure R FA - ATTACH D2 - QUARTERLY EXPENSE REPORT
ATTACHMENT E
Los Angeles Metropolitan Transportation Authority
2011 Federal Transportation Improvement Program ($000)
-. ..
Il
SCAG RTP ProjeU #:
Project Description: Design and Construction to rehabilitate Maple Avenue from Sepulveda Boulevard to Parkview Drive N. Is Model: Model #:
PM: Maryam Jonas - (310) 524 -2361
Email: mjonas @elsegundo.org
LS: N LS GROUP#
Conformity Category: EXEMPT
System :Local Hwy Route : Postmile Distance: Phase: No Project Activity
Completion Date 12/0112013
Lane # Extol Lane # Prop Imprv, Desc Air Basin: SCAB Envir Doc: CATEGORICALLY EXEMPT - 01/01/2012
Toll Method: Hov acs eg loc: Uza: Los Angeles -Long Sub -Area: Sub - Region: South Bay Area
Toll Rate: Toll Colc Loc: Beach -Santa Ana
Program Code. NCR31 - ROAD REPLC & REHAB (NO LN ADD)
CTIPS ID: EA #: PPNO:
PHASE PRIOR 10111 11/12 12/13 13/14 14115 15116 BEYOND TOTAL
PE $250 $250
MR20H - Measure R 20° Highway _... - - -- - _
CON $2250 $2,250
TOTAL PE: $250 TOTAL RW: $0 TOTAL CON: $2.250
- Gener. Comment: The project study report is complete. Environmental document is being prepared for Notice of Exemptio.
- Mdeling Comment:
- TCM Comment:
- Narrafl re: New Project
MR20H:
► Add funds in 11/12 in ENG for $250, CON for $2,250
Change reason:New project Total Cost $2,500
Page 1
lU�
Monday, August 15, 2011
FTIP #: LAOG727
South Bay Measure R Highway Program
Project# MR312.22
Funding Agreement #MOU.MR312.22
ATTACHMENT F
SPECIAL GRANT CONDITIONS
LACMTA has asked the South Bay Cities Council of Governments ( SBCCOG) to provide
program administration and project development and oversight over the Project in
conjunction with LACMTA. In order to do so, the SBCCOG shall obtain a copy from
LACMTA or through LACMTA's Project Database of each Monthly Progress Report
(Attachment D1) and Quarterly Expenditure Report (Attachment D2) at the time Grantee
submits the reports to LACMTA. The SBCCOG, through the Monthly Progress Reports,
shall monitor progress of the Project schedule and budget and provide periodic reports to
LACMTA on the status of the Project. The SBCCOG shall also monitor and report to
LACMTA on overall program -level schedule and budget to identify and evaluate any
problems that may result in Project delays or cost overruns.
T;ie Monthly Progress Reports (Attachment D1) shall include, but are not limited to,
Project progress, use of funds during the previous month, the milestones progress vs.
costs, risk management plan, expenditures to date, funds committed and forecast at
completion, updated Project schedule vs. Project baseline and identifying any major
problems and proposed solutions. If a potential cost overrun is identified, the monthly
report must detail the cost overrun and provide a recovery proposal.
The Quarterly Expenditure Reports (Attachment D2) provided by the Grantee to LACMTA
shall be used by the SBCCOG for monitoring and reporting program expenditures to
LACMTA.
For modifications that affect the terms of this FA, such as changes to project funding,
scope or schedule, Grantee must obtain evidence of SBCCOG concurrence to
modifications before formally requesting LACMTA for an amendment to this FA in writing.
Rev: 06.20.11 1 South Bay Measure R FA — Attachment F
— Special Grant Conditions
iU
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: October 4, 2011
AGENDA HEADING: Consent
Consideration and possible action to adopt a resolution to abandon an existing water
easement at 616 and 620 West Imperial Avenue.
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Adopt the proposed resolution of intention to abandon an existing water easement.
2. Alternatively, discuss and take other action related to this item
ATTACHED SUPPORTING DOCUMENTS:
Resolution
Exhibit — Map of the proposed abandonment site
FISCAL IMPACT: None
Amount Requested: $
Additional Appropriation: No
Account Number(s):
ORIGINATED BY: Maryam M. Jonas, Principal Engineer �
REVIEWED BY:' Stephanie Katsouleas, Public Works Director 1 "�
APPROVED BY: Doug Willmore, Acting City Manager
BACKGROUND AND DISCUSSION:
The Public Works Department received a request from the Olson Company to abandon the City
blanket water easement for operation at 616 and 620 West Imperial Avenue. The easement is
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.
An easement vacation is governed by section 8300 of the Streets and Highways code. The
procedure is as follow:
• The City Council starts the process by adopting a Resolution of Intention to schedule a
public hearing.
• Two newspaper publications are then required along with posting of the proposed
abandonment.
�.U�t
• Utility companies are notified of their opportunity to retain an easement.
• The hearing is conducted at least 15 days after the Resolution of Intention is adopted.
• The Resolution approving the abandonment is adopted, with appropriate easement
reservations and /or conditions applied.
• The area to be abandoned can be less than or equal to that shown on the Resolution of
Intention, but not more than that.
• Multiple abandonments can be done through a single procedure.
The action proposed in this report will result in a hearing at the November 1, 2011 City Council
meeting. At that time, City Council will have the option to approve the proposed abandonment,
along with appropriate and /or easement reservations. Please note that on September 8, 2011, the
Planning Commission determined that the proposed easement vacation is consistent with the
General Plan.
RESOLUTION NO.
A RESOLUTION DECLARING ITS INTENT TO VACATE A WATER
EASEMENT WITHIN THE CITY OF EL SEGUNDO.
The City Council of the city of El Segundo resolves as follows:
SECTION 1: The City Council finds and declares that on November 1, 2011, or as
soon thereafter as is practicable, it intends to hold a public hearing to consider
abandoning a water easement as set forth in attached Exhibit "A," which is attached
and incorporated by reference, pursuant to Streets and Highways Code §§ 8300, et
seq.
SECTION 2: A public hearing is scheduled for November 1, 2011 at 7:00 p.m. in the
City Council Chambers located at 350 Main Street, El Segundo CA 90245. The City
Council directs that the City Manager, or designee, provide notice as required by
Streets and Highways Code §§ 8322 and 8323.
SECTION 3: This Resolution will become effective immediately upon adoption and
will remain effective unless repealed or superseded.
SECTION 4: The City Clerk will certify to the passage and adoption of this
Resolution; will enter the same in the book of original Resolutions of said City; and
will make a minute of the passage and adoption thereof in the record of proceedings
of the City Council of said City, in the minutes of the meeting at which the same is
passed and adopted.
PASSED, AND ADOPTED, this day of 2011.
ATTEST:
Cindy Mortesen, City Clerk
Approved as to form.
Mark D. Hensley, City Attorney
M
Karl H. Berger, City Attorney
Eric Busch, Mayor
A. Uri
EXHIBIT A
LOT 2, IN BLOCK 13 OF TRACT NO. 1685 AS DESCRIBED IN BOOK 5176, PAGE 19, 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: 9 -27 -11
SCALE: i"= 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
C � No. 33520
* Exp. 6/30/2012
WATER VACATION
LEGAL DESCRIPTION
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BY: JMW ' I� FOOTHILL RANCH, WATER VACATION
CA 92610
DATE: 9-27-11 CONSULTING, INC. T. 949.916.3800 SKETCH
CIVIL ENGINEERING F. 949.919.3805
SCALE: 1"= 50' LAND PLANNING & SURVEYING WWWCVC- INC.NET
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SHEET20F2 27156 BURBANK
BY: JMW ' I� FOOTHILL RANCH, WATER VACATION
CA 92610
DATE: 9-27-11 CONSULTING, INC. T. 949.916.3800 SKETCH
CIVIL ENGINEERING F. 949.919.3805
SCALE: 1"= 50' LAND PLANNING & SURVEYING WWWCVC- INC.NET
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EL SEGUNDO CITY COUNCIL MEETING DATE: October 4, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a request for an Administrative Use Permit to allow
the on -site sale and consumption of alcohol (Type 47 — On Sale General for Bona Fide Public
Eating Place and Type 58 — Caterer's Permit) at an existing restaurant within an existing 20 -story
office tower (Pacific Corporate Towers) located at 222 North Sepulveda Boulevard. Applicant:
Hillary Condren. (Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
1. Receive and file this report without objecting to approval of a Type 47 (On -sale General for
Bona Fide Public Eating Place) 8 BC veda Boulevard and/or
within an office building with o utdoor dining at 222 North Sepul
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Crime and Arrest Statistics by Reporting Districts (RD)
2. Police Reporting Districts Map
3. Planning Commission Staff Report, dated September 22, 2011
4. Administrative Use Permit Letter, dated September 15, 2011
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager
REVIEWED BY: Greg Carpenter, Planning and Building Safety Director
APPROVED BY: Doug Willmore, City Manager
BACKGROUND AND DISCUSSION:
I. Background
In 1995, the City Council directed staff to bring all future ABC licenses to it for review. For
alcohol sales at retail establishments, California regulations require a 30 -day review and
comment period after notifying local police and planning departments. The grounds of a protest,
if any, should relate to public health, safety or welfare concerns. Based upon previous Council
direction, staff is providing background information regarding this application.
E43
II. Analysis
According to the Crime and Arrest statistics report prepared by the Police Department, the
proposed hotel restaurant is located in Reporting District (RD) 311. Based on the January — June
2011 reported data prepared by the Police Department, the district had a total of six Part I crimes
(criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny- theft, motor
vehicle theft and arson) and four Part 11 crimes for a total of 10 crimes. This district had only 1
felony and misdemeanor arrest. The Reporting District is not considered a high crime area and
the Police Department and the Planning and Building Safety Department do not object to the
issuance of a Type 47 and Type 58 ABC license at the restaurant.
The existing restaurant and proposed outdoor patio dining area will have a combined area of
approximately 5,103 square feet. The new outdoor patio dining area is approximately 2,425
square feet and the existing indoor restaurant is comprised of 885 square feet of dining area and
1,793 square feet non - dining area (kitchen, storage, etc.). The applicant proposes operating hours
to sell alcohol daily from 6:30 a.m. to midnight. The applicant is requesting a Type 58 and Type
47 alcohol license which allows liquor to be sold in the restaurant. The proposed project site is
located in the Corporate Office (C -O) Zone. The Zone requires approval of a CUP for the
proposed outdoor dining (ESMC § 15 -5D -5) and approval of an AUP to sell alcohol (ESMC § 15-
5D-4). The restaurant and the proposed outdoor dining area would serve primarily the tenants of
the office towers. No entertainment, dancing, or amplified sound is proposed.
On September 15, 2011, the Director of Planning and Building Safety approved an Administrative
Use Permit application (EA -915, AUP 11 -05) for 222 North Sepulveda Boulevard. The
Director's decision was forwarded to the Commission on September 22, 2011. On September 22,
2011, the Planning Commission chose to Receive and File the Administrative Use Permit for the
alcohol licenses and approve the associated Conditional Use Permit for outdoor dining (CUP 11-
03) with conditions of approval.
The Department of Alcoholic Beverage Control (ABC) is responsible for running a complete
background check on all alcohol license applicants, as well as conducting site inspections, before
issuing any type of alcohol license.
III. Conclusion
Planning staff recommends that the Council receive and file this report without objecting to the
issuance of a Type 47 and Type 58 ABC license for the existing restaurant and proposed outdoor
dining area at 222 North Sepulveda Boulevard.
PA\Planning & Building Safety \0 Planning - Old\PROIECTS (Planning) \901- 925\EA- 915\EA -915 AUP 11 -05 222 N. Sepulveda Blvd.CC sr.doc
110
EL SEGUNDO POLICE DEPARTMENT
Records /eq
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CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING:
September 22, 2011
SUBJECT: Environmental Assessment No. EA -915,
Conditional Use Permit No. CUP 11 -03 and
Administrative Use Permit No. AUP 10 -11
APPLICANT: Hillary Condren
PROPERTY OWNER: Pacific Corporate Towers LLC
REQUEST: An Administrative Use Permit request to allow the
on -site sale and consumption of alcohol (Type 47
— On Sale General for Bona Fide Public Eating
Place and Type 58 — Caterer's Permit) and outdoor
dining at an existing ground -level restaurant
within an existing 20 -story office tower (Pacific
Corporate Towers).
PROPERTY INVOLVED: 222 North Sepulveda Boulevard
I. INTRODUCTION
The proposed project is a request for an Administrative Use Permit to the on -site
sale and consumption of alcohol (Type 47 — On Sale General for Bona Fide
Public Eating Place and Type 58 — Caterer's Permit) and outdoor dining at an
existing ground -level restaurant within an existing 20 -story office tower (Pacific
Corporate Towers). The proposed project is located at 222 North Sepulveda
Boulevard in the Corporate Office (C -O) Zone. The project site is located at 222
North Sepulveda Boulevard in the Corporate Office (CO) Zone on the block
bounded by Grand Avenue to the north, El Segundo Boulevard to the south,
Continental Boulevard to the east, and Sepulveda Boulevard to the west.
Il. BACKGROUND
The applicant is requesting approval of an Administrative Use Permit to allow the
alcohol use throughout the restaurant dining area and Conditional Use Permit for
outdoor dining. The proposed restaurant will have combined area of
approximately 5,103 square feet. The new outdoor patio dining area is
approximately 2,425 square feet and the existing indoor restaurant is comprised
of 885 square feet of dining area and 1,793 square feet non - dining area (kitchen,
113
storage, etc.). The applicant proposes operating hours to sell alcohol daily from
6:30 a.m. to midnight. The applicant is requesting a Type 58 and Type 47
alcohol license which allows liquor to be sold in the restaurant.
The proposed project site is located in the Corporate Office (C -O) Zone. The
Zone requires approval of a CUP for the proposed outdoor dining (ESMC §15-
5D-5) and approval of an AUP to sell alcohol (ESMC §15- 5D -4). The restaurant
and the proposed outdoor dining area would serve primarily the tenants of the
office towers. No entertainment, dancing, or amplified sound is proposed.
The surrounding land uses are as follows:
Planning staff reviewed the application and the Planning and Building Safety
Director made the necessary findings to grant an Administrative Use Permit. The
attached letter specifies all of the required findings for the permit.
ANALYSIS
ZONING CONSISTENCY
The following table contains the development standards for the Corporate Office
(CO) Zone applicable to the project.
Tohlo I- 7nninn Cnnnintencv
MNV
Land Uses
Zone
North:
Commercial Office
C -O
South:
Commercial Office
C -O
East:
Commercial Office
C -O
West:
Neighborhood Commercial
C -2
Planning staff reviewed the application and the Planning and Building Safety
Director made the necessary findings to grant an Administrative Use Permit. The
attached letter specifies all of the required findings for the permit.
ANALYSIS
ZONING CONSISTENCY
The following table contains the development standards for the Corporate Office
(CO) Zone applicable to the project.
Tohlo I- 7nninn Cnnnintencv
MNV
Corporate Office (C -O) Zone
Proposed
AUP for alcohol at restaurant and
Accessory on -site sale and
Permitted
catering, CUP for outdoor dining
consumption of alcohol and
Uses
ESMC §§ 15- 5D -4(A), (B) and 15-
outdoor dining.
5D-5(G)
Complies.
Minimum 10,000 square feet
146,797 square feet (3.3
acres
Lot Area
ESMC §15- 5D -7(B)
Complies.
321.5 feet. Existing legal
Height
200 feet max.
ESMC §15- 5D -7(C)
non- conforming.
Complies.
114
2
Off - street Parking
There are 5,002 existing off - street parking spaces located on the adjacent
parking structures for the Pacific Corporate Towers, a commercial office complex
comprised of three buildings. The office space in all the buildings is
approximately 1.5 million square feet and is required to provide 3,932 parking
spaces. The remainder of the uses in the building is comprised of a 10,000
square -foot health club and two existing restaurants. The combined existing
uses and proposed outdoor dining area in Pacific Corporate Towers will have
3
115
Measured to the exterior of
Front: 25 feet
outdoor patios.
Side street (Grand Avenue): 25
Front: 152 feet;
feet
Side (Grand Avenue): 156
Setbacks
Side (south): 15 feet.
feet;
Rear: 10 feet
Side (south): 35 feet;
ESMC §15- 5D -7(D)
Rear: 234 feet.
Complies.
Maximum 0.8:1. Additional FAR
may be granted for properties
No new floor area is
east of Sepulveda Boulevard
proposed. Legal non -
Floor Area
only, with approval of a transfer of
conforming.
development rights (TDR) plan.
Complies.
ESMC §15-5D-7(F)
Condition of Approval to
Walls, fences and hedge heights
require barriers around the
Walls and
subject to Director of Planning
outdoor dining area to be
approved by the Director of
Fences
and Building Safety.
Planning and Building
ESMC §15- 5D -7(G), 15 -24(A)
Safety.
Complies
Required min. 48" walkway width;
Overhead elements (e.g.,
Conditions of Approval to
umbrellas) min. clearance of 8 ft.
require compliance with the
Outdoor
vertical. No projections beyond
Outdoor Dining
Dining
outdoor dining area. No amplified
requirements.
sound or entertainment without
Complies.
permit. ESMC 15 -2 -16
Five percent (5 %) of the at -grade
No new vehicular use area
total vehicular use area must be
is proposed. No new
Landscaping
landscaped.
landscaping is required.
ESMC §1 5 -2 -14 B
Complies
1:75 for dining areas, 1:250 for
See Table 2.
Parking
non - dining areas.
Complies
§15-15-6(A)
Off - street Parking
There are 5,002 existing off - street parking spaces located on the adjacent
parking structures for the Pacific Corporate Towers, a commercial office complex
comprised of three buildings. The office space in all the buildings is
approximately 1.5 million square feet and is required to provide 3,932 parking
spaces. The remainder of the uses in the building is comprised of a 10,000
square -foot health club and two existing restaurants. The combined existing
uses and proposed outdoor dining area in Pacific Corporate Towers will have
3
115
sufficient off - street parking spaces provided in the parking structure as outlined in
the chart below.
T�hlo 7• r)ff- Ctraat Pnrkinn Cnnsistencv
I QFJIV L. v -
Use
Size
Standards
Parking Spaces
(square feet).
Required
Existing Restaurant
885
1:75 square feet
(885/75 sf.) = 12
— dining Area
spaces
Existing Restaurant
1,793
1:250 square feet
(1,793/250) = 7
— nondining area
spaces
Proposed new
2,245
1:75 square feet,
(2,205/75 sf.) = 29
outdoor dining area
first 200 square feet
spaces
exempt.
Existing restaurant
1,034
1:75 square feet,
(1034/75 sf.) = 14
(200 N. Sepulveda
first 200 square feet
spaces
Blvd. ) — Dining Area
exem t
Existing restaurant
2,188
1:250 square feet
(2,188/250) = 9
(200 N. Sepulveda
spaces
Blvd.) — nondining
Area
Health Club
10,000
1:150 square feet
(10,000/150) = 67
spaces
Subotal non -Office
14,923
71 spaces
Office
1,561,042
• 1:300 for first
• (25,000/300) _
25,000 square
83;
feet;
. (25,000/300) _
• 1:350 for the
71
next 25,000
. [1,561,042 -
square feet;
50,000] / (400) _
• 1:400 above
3,778
50,000 square
. 3,778 + 83 + 71
feet.
= 3,932 spaces
TOTAL
1,575,965
4,003 parking
spaces required
The parking structure provides 5,002 parking spaces and thus provides 999
parking spaces in excess of the number required for all uses at Pacific Corporate
Towers. The applicant will not alter the configuration of the existing parking and
loading spaces.
GENERAL PLAN CONSISTENCY
The General Plan Land Use Designation of the project site is Corporate Office.
The proposed project is consistent with the Goals and Policies of the General
Plan as specified in the attached Approval Letter and Resolution.
116
4
ADMINISTRATIVE USE PERMIT
In_ accordance with ESMC §15 -22 -5, the Planning Commission may grant an
Administrative Use Permit if it determines that the following four findings can be
met:
1. There is compatibility of the particular use on the particular site in
relationship to other existing and potential uses within the general area in
which the use is proposed to be located.
2. The proposed use is consistent and compatible with the purpose of the
zone in which the site is located.
3. The proposed location and use and the conditions under which the use
would be operated or maintained will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or
improvements in the vicinity.
4. Potential impacts that could be generated by the proposed use, such as
noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been
recognized and compensated for.
Planning staff reviewed the application and the Planning and Building Safety
Director made the necessary findings to grant an Administrative Use Permit. The
attached letter specifies all of the required findings for the permit.
CONDITIONAL USE PERMIT
Pursuant to El Segundo Municipal Code §15 -23 -4, the Planning Commission is
authorized to grant a conditional use permit if it makes the three required findings
listed in ESMC §15 -23 -6. The required findings state that: 1) the proposed
location of the conditional use permit is in accord with the objectives of the Title
and the purposes of the zone in which the site is located; 2) the proposed
location of the conditional use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity; and
3) the proposed conditional use will comply with each of the applicable provisions
of this Chapter. Facts in support of said findings are outlined in the attached
resolution of approval.
Staff believes that there is adequate evidence to support the three required
Conditional Use Permit findings subject to the listed conditions of approval in the
attached resolution. The Planning Commission may consider and impose
11
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additional conditions which it deems necessary, if it demonstrates a reasonable
relationship between the condition it desires to impose and the project's impact.
III. INTER - DEPARTMENTAL COMMENTS
The project application and plans were circulated to all departments and all
comments are attached to the report. Staff has incorporated those comments as
conditions of approval where appropriate.
IV. ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to 14 California Code of
Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities).
The project involves the conversion of an existing outdoor patio into an outdoor
dining area. The project includes an Administrative Use Permit to allow the sale
of alcohol at the proposed restaurant and a Conditional Use Permit for outdoor
dining. The project is a minor alteration of an existing structure. The project is
not anticipated to have any significant impacts with regard to traffic, noise, air
quality, or water quality. Moreover, the project is proposed to be built on a site of
not more than five acres surrounded by urban uses. Further, the site has no
value as habitat for endangered, rare, or threatened species. There are
adequate utilities and public services to serve the project.
V. RECOMMENDATION
Planning staff recommends that the Planning Commission adopt Resolution No.
2705 approve of Environmental Assessment No. EA -915 and Conditional Use
Permit No. CUP 11 -03, and Receive and File the Planning and Building Safety
Director's approval of Administrative Use Permit No. AUP 10 -15.
VI. EXHIBITS
A. Draft Resolution No. 2705.
B. Administrative Use Permit Approval Letter, dated September 15, 2011.
C. Plans.
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Prep re by: cyan F rnandez, Assistant Planner
' Iv
Kitnberly Chriailding sen, AICP, Planning Manager
Planning and Safety Department
Greg rpenteVDirector
Plan ' g and Building Safety Department
PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Plan ning)1901- 925 \EA - 915 \EA -915 AUP 11 -05 CUP 11 -03 222 N.
Sepulveda Blvd.PC sr.doc
11 9
7
RESOLUTION NO. 2705
A RESOLUTION APPROVING ENVIRONMENTAL ASSESSMENT NO. EA-
915 AND CONDITIONAL USE PERMIT NO. 11 -03 TO ALLOW OUTDOOR
DINING AT AN EXISTING GROUND -LEVEL RESTAURANT WITHIN AN
EXISTING 20 -STORY OFFICE TOWER (PACIFIC CORPORATE TOWERS)
AT 222 NORTH SEPULVEDA BOULEVARD.
The Planning Commission of the City of El Segundo does resolve as follows:
SECTION 1: The Commission finds and declares that:
A. On March 10, 2011, Hillary Condren filed an application for Environmental
Assessment No. EA -915 and Conditional Use Permit No. 11 -03 to allow
outdoor dining in conjunction with an existing restaurant at 222 North
Sepulveda Boulevard;
B. The application was reviewed by the City's Planning and Building Safety
Department for, in part, consistency with the General Plan and conformity with
the El Segundo Municipal Code ( "ESMC ");
C. In addition, the City reviewed the project's environmental impacts under the
California Environmental Quality Act (Public Resources Code §§ 21000, et
seq., "CEQA "), the regulations promulgated thereunder (14 Cal. Code of
Regulations § §15000, et seq., the "CEQA Guidelines "), and the City's
Environmental Guidelines (City Council Resolution No. 3805, adopted March
16, 1993);
D. The Planning and Building Safety Department completed its review and
scheduled a public hearing regarding the application before this Commission
for September 22, 2011;
E. On September 22, 2011, the Commission held a public hearing to receive
public testimony and other evidence regarding the application including,
without limitation, information provided to the Commission by Continental
Development Corporation and its representatives; and
F. The Commission considered the information provided by City staff, public
testimony, and Hillary Condren. This Resolution, and its findings, are made,
in part, based upon the evidence presented to the Commission at its
September 22, 2011, public hearing including, without limitation, the staff
report submitted by the Planning and Building Safety Department.
SECTION 2: Factual Findings. The Commission finds that the following facts exist:
A. The subject site is located in the Corporate Office (CO) Zone at 222 North
Sepulveda Boulevard.
1-
B. The subject site is currently developed with a 20 -story, 321.5 -foot tall office
tower containing approximately 549,061 square -feet of office uses and a
2,678 square -foot existing restaurant on a 3.3 -acre parcel on the block
bounded by Grand Avenue to the north, El Segundo Boulevard to the south,
Continental Boulevard to the east, and Sepulveda Boulevard to the west.
C. The proposed restaurant will have a combined area of approximately
square feet. The new outdoor patio dining area is approximately 2,425
square feet and the existing indoor restaurant is comprised of 885 square feet
of dining area and 1,793 square feet non - dining area (kitchen, storage, etc.).
D. The subject site has 5,002 existing
the Pacific Corporate Towers, accommerc al
adjacent parking structure s for
office complex comprised of three buildings. The office space in all the
buildings is approximately 1.5 million square feet and is required to provide
3,932 parking spaces. The remainder of the uses in the building is comprised
of a 10,000 square -foot health club and two existing restaurants and these
uses require 71 parking spaces. The combined existing uses and proposed
outdoor dining area in Pacific Corporate Towers will have sufficient off - street
parking spaces provided in the parking structure. The parking structure
provides 5,002 parking spaces and thus provides 999 parking spaces in
excess of the required number for all uses at Pacific Corporate Towers.
E. A Conditional Use Permit is required for outdoor dining areas which. exceed
200 square feet or 20% of the indoor dining area, whichever is less, pursuant
to El Segundo Municipal Code §15- 5D -5(G).
F. The proposed outdoor dining area is approximately 2,425 square feet in area.
SECTION 3: Environmental Assessment. The project is categorically exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California
Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The
project involves the conversion of an existing outdoor patio into an outdoor dining area. The
project includes an Administrative Use Permit to allow the sale of beer and wine at the
proposed restaurant and a Conditional Use Permit for outdoor dining. The project is a
minor alteration of an existing structure. The project is not anticipated to have any
significant impacts with regard to traffic, noise, air quality, or water quality. Moreover, the
project is proposed to be built on a site of not more than five acres surrounded by urban
uses. Further, the site has no value as habitat for endangered, rare, or threatened species.
There are adequate utilities and public services to serve the project.
SECTION 4: General Plan Findings. The proposed project conforms to the City's General
Plan as follows:
A. The El Segundo General Plan Land Use designation for the site is Corporate
Office. The proposed use is consistent with the Land Use Element in that the
Corporate Office Land Use Category is intended to permit a mixture of office
121
2
and food - serving uses in single- tenant or multi- tenant buildings with limited
retail uses permitted in the lobby.
B. The zoning for the site is Corporate Office (CO). The proposed restaurant
use is a permitted use in the Corporate Office (CO) Zone. Outdoor dining
areas in conjunction with a restaurant that exceed 200 square feet or 20% of
the indoor dining area, whichever is less, are permitted with approval of a
Conditional Use Permit. The proposed use of on -site sale and consumption
of alcohol requires an Administrative Use Permit in accordance with ESMC
§15 -5D -4. The purpose of the Corporate Office (CO) Zone is to provide
consistency with and implement policies related to those locations which are
designated corporate office on the general plan land use map and in the
general plan text. This zone is intended to provide for the development of
office projects. Regulations are designed to promote and control their growth
in a favorable environment to all abutting and surrounding land uses. Principal
uses are, therefore, restricted to a mixture of office and food serving uses with
limited retail uses. The proposed use is consistent with this purpose of the
zone in that the on -site sale and consumption of alcohol in a restaurant and
outdoor dining is permitted in the Corporate Office (CO) Zone.
C. The proposed use is consistent with Land Use Element Goal LU4 in that it
provides a stable tax base for the City through development of new
commercial uses, and primarily within a mixed -use environment.
D. The proposed use is consistent with Land Use Element Objective LU4 -1 in
that it promotes the development of high quality retail facilities in proximity to
major employment centers.
SECTION 5: Conditional Use Permit Findings. After considering the above facts, the
Commission finds as follows:
A. The proposed location of the conditional use is in accord with the objectives of
this Title and the purposes of the zone in which the site is located.
The zoning designation for the subject site is Corporate Office (CO). This
zone allows outdoor dining areas which exceed 200 square feet or 20% of the
indoor dining area, whichever is less, subject to the granting of a conditional
use permit pursuant to ESMC § 15- 5D -5(G). The size of the outdoor dining
area is appropriate to its location as it will be incidental to the proposed
restaurant. Restaurants are a permitted use in the zone pursuant to ESMC §
15- 5D -2(F). The principal uses in the zone are restricted to a mixture of office
and food - serving uses with limited retail uses. The subject site consists of a
commercial building containing office uses on all the floors above the ground
floor restaurant level. The restaurant with the accompanying outdoor dining
area is in accord with the principal objectives of the zone.
B. That the proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to the public
122
3
health, safety or welfare, or materially injurious to properties or improvements
in the vicinity.
The proposed location of the conditional use is adjacent to the south side of
an existing 20 -story office building and it is bounded by Grand Avenue to the
north, El Segundo Boulevard to the south, Continental Boulevard to the east,
and Sepulveda Boulevard to the west. No particular use is adjacent or near
the proposed outdoor dining area that could be impacted by the operation of
the outdoor dining area. Outdoor dining activities are not anticipated to be
detrimental to adjacent businesses. No residential uses are located in the
vicinity. As such, the proposed location of the conditional use and the
conditions under which it would be operated or maintained will not be
detrimental to the public health, safety or welfare, or materially injurious to
properties or improvements in the vicinity.
C. That the proposed conditional use will comply with each of the applicable
provisions of this Chapter.
The proposed conditional use complies with the applicable provisions of
ESMC Chapter 15 -23 and 15 -27 since proper notice was provided and proper
hearing is scheduled for September 22, 2011. In addition, proper hearing
decision and records will be complied with, and the required findings will be
considered. The proposed project meets all of the current ESMC
requirements.
SECTION 6: Approval. Subject to the conditions listed on the attached Exhibit "A," which
are incorporated into this Resolution by reference, the Planning Commission approves
Environmental Assessment No. EA -915 and Conditional Use Permit No. 11 -03.
SECTION 7: This Resolution will remain effective unless superseded by a subsequent
resolution.
SECTION 8: The Commission Secretary is directed to mail a copy of this Resolution to the
Applicant and to any other person requesting a copy.
SECTION 9: This Resolution may be appealed within ten (10) calendar days after its
adoption. All appeals must be in writing and filed with the City Clerk within this time period.
Failure to file a timely written appeal will constitute a waiver of any right of appeal.
123
4
SECTION 10: Except as provided in Section 9, this Resolution is the Commission's final
decision and will become effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 22nd day of September, 2011.
ATTEST:
Greg Carpenter, Secretary
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
In
David Wagner, Chairperson
City of El Segundo Planning Commission
Karl H. Berger, Assistant City Attorney
5
Wagner
Fellhauer
Baldino
Newman
Barbee
124
PLANNING COMMISSION RESOLUTION NO. 2705
Exhibit A
CONDITIONS OF APPROVAL
In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "),
Continental Development Corporation agrees to comply with the following provisions as
conditions for the City of El Segundo's approval of Environmental Assessment No. EA -915
and Conditional Use Permit No. 11 -03 ( "Project Conditions "):
Zoning Conditions
This approval is for the project as shown on the plans reviewed and approved by the
Planning Commission and on file. Before the City issues a building permit, the
applicant must submit plans, showing that the project substantially complies with the
plans and conditions of approval on file with the Planning and Building Safety
Department. Any subsequent modification must be referred to the Director of the
Planning and Building Safety Department for a determination regarding the need for
Planning Commission review and approval of the proposed modification.
2. The outdoor dining area must comply with all requirements of ESMC § 15 -2 -16.
3. The hours of operation for the outdoor dining area are limited to 6:30 a.m. to
midnight daily. Any change to the hours of operation or the hours that alcohol may be
served is subject to review and approval by the Director of Planning and Building
Safety.
4. No live entertainment is permitted. Only pre- recorded background music may be
provided, and must meet the noise and vibration requirements of ESMC § 7 -2 -1.
5. Before the City issues building permits, the applicant/property owner must submit
landscaping and irrigation plans for any new or modified landscaping areas to the
Planning and Building Safety and Recreation and Parks Departments for review.
6. Pursuant to ESMC §15- 23- 11(13)(1), this conditional use permit expires 24 months
after its approval if the use does not commence or construction does not commence
under a valid building. The City is not responsible for informing the applicant
regarding the pending CUP expiration.
Building Safety Conditions
7. The applicant must comply with the California Building Code 2010 Edition as
amended by the City of El Segundo.
8. Before the City issues building permits, the applicant must obtain Los Angeles
County Health Department approval.
12-3
n.
Fire Department Conditions
9. The applicant must comply with applicable California Fire Code requirements and El
Segundo Fire Department regulations.
Miscellaneous Conditions
10. Continental Development Corporation agrees to indemnify and hold the City
harmless from and against any claim, action, damages, costs (including, without
limitation, attorney's fees), injuries, or liability, arising from the City's approval of
Environmental Assessment No. EA -915 or Conditional Use Permit No. 11 -03.
Should the City be named in any suit, or should any claim be brought against it by
suit or otherwise, whether the same be groundless or not, arising out of the City
approval of Environmental Assessment No. EA -915 or Conditional Use Permit No.
11 -03, the Applicant agrees to defend the City (at the City's request and with counsel
satisfactory to the City) and will indemnify the City for any judgment rendered against
it or any sums paid out in settlement or otherwise. For purposes of this section "the
City" includes the City of El Segundo's elected officials, appointed officials, officers,
and employees.
By signing this document, Hillary Condren, certifies that they read, understood, and
agree to the Project Conditions listed in this document.
Hillary Condren
Michael J. Krier, Director, Blackrock Realty Advisors, Inc.
{If Corporation or similar entity, needs two officer signatures or evidence that one
signature binds the company}
P:1Planning & Building Safetyl0 Planning - Old \PROJECTS (Planning)1901- 9251EA- 9151EA -915 AUP 11 -05 CUP 11 -03 222 N.
Sepulveda Blvd.PCreso.doc
126
7
Planning & Building Safety Department
12'7
September 15, 2011
Elected Officials:
Eric h,
Mayor
Mayor
Hillary Condren
Bill Fisher,
Mayor Pro Tom
200 North Sepulveda Boulevard
Carl Jacobson,
Council Member
El Segundo, CA 90245
Don Brann,
Council Member
Suzanne Fuentes,
Council Member
Cindy M ,
RE: Environmental Assessment No. EA -915 and
Clark
City Clerk
Ralphty
Administrative Use Permit (AUP) No. 11 -05
Treasuur, rer
City Trea
To allow the on -site sale and consumption of alcohol at a
Appointed Officials:
restaurant (Type 47 — On Sale General for Bona Fide Public
Doug w;llmvre,
City Manager
Eating Place and Type 58 — Caterer's Permit).
Mark
Address: 222 North Sepulveda Boulevard, El Segundo, CA
ityAttor'ney
Dear Mr. Condren:
Department Directors:
Deborah Cullen,
Resources
In accordance with El Segundo Municipal Code ( "ESMC ") Chapter 15 -22,
Finance /Human
Kevin Smit
Fire Chieef f
F
the Planning Division reviewed your application for the above - referenced
Debra Brighton,
Library Services
project and the Director of Planning and Building Safety Department
Grpla ningandBuilding
APPROVED Environmental Assessment No. EA -915 and Administrative
Safetyvera, m,cDev.
Use Permit No. AUP 11 -05 for the on -site sale and consumption of alcohol
Mitch Tavera,
Police Chief
at a restaurant at 222 North Sepulveda Boulevard. The following are the
Stephanie Katsouleas,
Public
C
findings and facts in support of each finding for this decision:
Robeert rtCummings,
Recreation & Parks
FINDINGS AND FACTS IN SUPPORT OF FINDINGS:
Environmental Assessment No. EA -915
,ryWW.elsegundo.org
Finding 1
• The proposed project is categorically exempt from the requirements
of the California Environmental Quality Act (CEQA) pursuant to 14
California Code of Regulations § 15301 as a Class 1 categorical
exemption (Existing Facilities).
350 Main Street, El Segundo, California 90245 -3813
Phone (310) 524 -2380 FAX (310)322 -4167
12'7
Facts in Support of Finding 1
The proposed restaurant will have combined area of approximately 5,103 square
feet. The outdoor patio dining area is approximately 2,425 square feet and the
existing indoor restaurant is comprised of .885 square feet of dining area and
1,793 square feet non - dining area (kitchen, storage, etc.). The project involves
the conversion of an existing outdoor patio into an outdoor dining area. The
project includes an Administrative Use Permit to allow the sale of alcohol at the
proposed restaurant and a Conditional Use Permit for outdoor dining. The
project is a minor alteration of an existing structure. The project is not anticipated
to have any significant impacts with regard to traffic, noise, air quality, or water
quality. Moreover, the project is proposed to be built on a site of not more than
five acres surrounded by urban uses. Further, the site has no value as habitat
for endangered, rare, or threatened species. There are adequate utilities and
public services to serve the project.
Administrative Use Permit 11 -05
Finding 1
There is compatibility of the particular use on the particular site in relationship to
other existing and potential uses within the general area in which the use is
proposed to be located.
Facts in Support of Finding 1
1. The applicant proposes to provide on -site sale and consumption of alcohol in the
existing restaurant and the proposed outdoor dining area.
2. The applicant currently holds a Type 47 and Type 58 license from the California
Alcoholic Beverage Control to serve alcohol at the restaurant.
3. There are 5,002 existing off - street parking spaces located on the adjacent
parking structures for the Pacific Corporate Towers, a commercial office complex
comprised of three buildings. The office space in all the buildings is
approximately 1.5 million square feet and is required to provide 3,932 parking
spaces. The remainder of the uses in the building is comprised of a 10,000
square -foot health club and two existing restaurants and these uses require 71
parking spaces. The parking structure provides 999 parking spaces in excess of
the number required for all uses at Pacific Corporate Towers The combined
existing uses and proposed outdoor dining area in Pacific Corporate Towers will
have sufficient off - street parking spaces provided in the parking space structure.
4. The General Plan Land Use designation for the site is Corporate Office. The
zoning for the site is Corporate Office (CO). Sale of alcohol is permitted in the
Corporate Office (CO) Zone with the approval of an Administrative Use Permit.
2 1�8
5. The Corporate Office (CO) Zone permits, and the surrounding land uses include:
restaurant, commercial retail, and offices.
6. The applicant must obtain a State of California Alcohol and Beverage Control
(ABC) _license for a_ license to sell alcohol for on -site consumption and on -site
sale at the restaurant.
7. On September 22, 2011 the El Segundo Planning Commission is scheduled to
Receive and File the Administrative Use Permit request.
Finding 2
The proposed use is consistent and compatible with the purpose of the Zone in
which the site is located.
Facts in Support of Finding 2
1. The General Plan Land Use designation for the site is Corporate Office.
2. The zoning for the site is Corporate Office (CO). The proposed use of on -site
sale and consumption of alcohol requires an Administrative Use Permit in
accordance with ESMC §15 -5D -4.
3. The purpose of the Corporate Office (CO) Zone is to provide consistency with
and implement policies related to those locations which are designated corporate
office on the general plan land use map and in the general plan text. This zone is
intended to provide for the development of office projects. Regulations are
designed to promote and control their growth in a favorable environment to all
abutting and surrounding land uses. Principal uses are, therefore, restricted to a
mixture of office and food serving uses with limited retail uses. The proposed
use is consistent with this purpose of the zone in that the on -site sale and
consumption of alcohol in a restaurant is permitted in the Corporate Office (CO)
Zone.
4. The proposed use is consistent with the Land Use Element in that the Corporate
Office Land Use Category is intended to permit a mixture of office and food -
serving uses in single- tenant or multi- tenant buildings with limited retail uses
permitted in the lobby.
5. The proposed use is consistent with Land Use Element Goal LU4 in that it
provides a stable tax base for the City through development of new commercial
uses, and primarily within a mixed -use environment.
6. The proposed use is consistent with Land Use Element Objective LU4 -1 in that it
promotes the development of high quality retail facilities in proximity to major
employment centers.
129
3
7, The surrounding land uses include: urrort'on of alcohol in the restaurant w II be
The proposed on-site sale and consumption
compatible with the surrounding uses.
Finding 3
The proposed location and use and thde conditions
to therpublcc healthh the
oe
operated or maintained will not be
welfare, or materially injurious to properties or improvements in the vicinity.
Facts in Support of Finding 3
1. The proposed on -site sale and consumption tin o20ist ry lcommerc al buildinglland
located within the ground floor of an g
will be constructed in accordance with all applicable codes and regulations. The
project proposes no structural change to the exterior of the building, building
envelope, parking or landscaping. Sufficient parking will be provided on -site in
compliance with ESMC Chapter 15 -15.
2. The surrounding land uses include: commercial retail, restaurant and offices.
The proposed use of on -site sale and consumption of alcohol is permitted in the
CO Zone.
3. The proposed hours of operation to serve alcohol are from 6:30 a.m. to midnight
daily. No live entertainment is proposed. There will be visible barriers around
the outdoor dining area that would delimit the area serviced by alcohol. The
alcohol use will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity.
Finding 4
Potential impacts that could be odors, generated c and hazards have been recognized
smoke, dust, fumes, vibration,
and mitigated.
Facts in Support of Finding 4
1. The sale of beer and wine will not crof aerestaurant. impacts that would not be
normally associated with the operation
The proposed hours of operation to serve alcohol is daily, 6:30 a.m. to midnight.
There are 5,002 existing off - street parking spaces located on the adjacent
parking structures for the Pacific Corporate Towers, a commercial office complex
comprised of three buildings.ea to provide 3,932 parking
spaces. approximately 1.5 million square feet and is required
spaces. The remainder of the existing building and comprised
requoe 00
square -foot health club and tw o stin
9 restaurants
4 130
parking spaces. The applicant will not alter the configuration of the existing
parking and loading spaces. The combined existing uses and proposed outdoor
dining area in Pacific Corporate Towers will have sufficient off - street parking
spaces provided in the parking structure.
2. In addition to complying with the requirements of the City of El Segundo and the
State of California Department of Alcoholic Beverage Control the restaurant is
subject to County Health Department regulations that address and monitor
impacts of fumes and odors.
Finding 5
The State Department of Alcoholic Beverage Control has issued or will issue a
license to sell alcohol to the applicant.
Facts in Support of Finding 5
1. The applicant must obtain a license from the State of California Department of
Alcoholic Beverage Control (Type No. 47 and 58).
DIRECTOR OF PLANNING AND BUILDING SAFETY DEPARTMENT ACTION
Based on these findings and facts in support of these findings, the Director of Planning
and Building Safety Department APPROVES the proposed project, subject to the
following conditions:
1. The hours of operation for on -site sale and consumption of alcohol in the
restaurant are limited to 6:30 a.m. to midnight daily. Any change to the hours of
operation or the hours that alcohol may be served is subject to review and
approval by the Director of Planning and Building Safety.
2. Any subsequent modification to the project as approved must be referred to the
Director of Planning and Building Safety for approval and a determination
regarding the need for Planning Commission review of the proposed
modification.
3. Any subsequent changes to the floor plan and areas where alcohol will be served
must be reviewed and approved to the satisfaction of the Director of Planning
and Building Safety Department.
4. The applicant must obtain and maintain all licenses required by the Alcoholic
Beverage Control Act (Business & Professions Code §§ 23310 et seq.). The
applicant must obtain and maintain a Type 47 and Type 58 license.
5. The restaurant operations must comply with ESMC §§ 7 -2 -1, et seq. regulating
noise and vibration.
5 131
6. The outdoor dining area must comply with ESMC §15 -2 -16 regulating outdoor
dining areas.
7. Before the issuance of a building permit, the applicant must show compliance
with ESMC §15 -2 -16 regulating, outdoor dining areas and ESMC §7 -4 regulating
property maintenance standards. A barrier must be installed on the perimeter of
the outdoor dining area. The applicant must provide elevation drawings of the
barrier for the approval of the Director of Planning and Building Safety.
a. All tables, chairs, and any other facilities in the outdoor dining area must
be maintained in good repair, subject to the approval of the Director of
Planning and Building Safety.
b. All tables, chairs, and umbrellas must be placed in a secure area or inside
a building or structure when the business is closed.
8. Entertainment activities as described in ESMC Chapter 4 -8 require the approval
of the Director of Planning and Building Safety.
9. The Planning and Building Safety Department and the Police Department must
be notified of any change of ownership of the approved use in writing within 10
days of the completion of the change of ownership. A change in project
ownership may be cause to schedule a hearing before the Planning Commission
regarding the status of the administrative use permit.
10. The applicant must comply with all regulations of the Alcoholic Beverage Control
Act and the regulations promulgated by the Alcoholic Beverage Control Board
including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§
55, et seq.
11. There must be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
specific alcoholic beverage products. Interior displays of alcoholic beverages
which are clearly visible to the exterior constitute a violation of this condition.
12. All employees serving alcoholic beverages to patrons must enroll in and
complete a certified training program approved by the State Department of
Alcoholic Beverages Control (ABC) for the responsible sales of alcohol. The
training must be offered to new employees on not less than a quarterly basis.
13. Any and all employees hired to sell alcoholic beverages must provide evidence
that they have either:
a. Completed training from the State of California Department of Alcoholic
Beverage Control (ABC), Lakewood District Office administered
Leadership and Education in Alcohol and Drugs (LEAD) Program in the
form of an ABC - issued certificate; or,
b. Completed an accepted equivalent by the ABC, Lakewood District
Office to ensure proper distribution of beer, wine and distilled spirits to
6 134
adults of legal age. If any prospective employee designated to sell
alcoholic beverages does not currently have such training, then;
c. The ABC - licensed proprietors must have confirmed with the Planning
and Building Safety Department within fifteen (15) days of the
Director's decision, or by final project approval, that a date certain has
been scheduled within the local ABC Office to complete the LEAD
course.
d. Within thirty (30) days of taking said course, the employees, or
responsible employer must deliver each required certificate showing
completion to the Police Department.
14. The licensee must have readily identifiable personnel to monitor and control the
behavior of customers inside the building premises. Staff must monitor activity
outside in the parking lot and any adjacent property under the establishment's
control to ensure the areas are generally free of people.
15. If complaints are received regarding excessive noise, parking availability, lighting,
building access, and the like associated with the sale of beer and wine, the city
may, in its discretion, take action to review the Administrative Use Permit,
including without limitation, adding conditions or revoking the permit.
16. The building must not be occupied by more persons than allowed by the
California Building Code, as adopted by the ESMC.
17. The building and any outdoor seating must comply with California Building and
Fire Code requirements, as adopted by the ESMC.
18. The Applicant agrees to indemnify and hold the City harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment
No. EA -915 or Administrative Use Permit No. AUP 11 -05. Should the City be
named in any suit, or should any claim be brought against it by suit or otherwise,
whether the same be groundless or not, arising out of the City approval of EA-
915 or AUP 11 -05, the Applicant agrees to defend the City (at the City's request
and with counsel satisfactory to the City) and will indemnify the City for any
judgment rendered against it or any sums paid out in settlement or otherwise. For
purposes of this section "the City" includes the City of El Segundo's elected
officials, appointed officials, officers, and employees.
PLANNING COMMISSION
This determination is scheduled to be received and filed by the Planning Commission at
its September 22, 2011 meeting. Please be advised that this does not conclude the
review process. The City Council will determine whether or not to protest the issuance
of the ABC License (Type 47 and Type 58) at its meeting on October 4, 2011.
133
Should you have any questions, please contact Bryan Fernandez, Assistant Planner, at
(310) 524 -2343.
Sincerely,
Greg YFOenjbir, Director
DepaCrment of Planning and Building Safety
PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Plan ning)\876-915\EA-91 5\EA 915; AUP 10 -11 approval letter.doc
8 134
EL SEGUNDO CITY COUNCIL MEETING DATE: October 4, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action in response to notification that a request has been filed with
the Department of Alcohol Beverage Control for a modification of an existing Alcoholic
Beverage Control (ABC) license for on -site sale and consumption of alcohol to convert from a
Type 41 ABC License (On -Sale Beer and Wine) to a Type 47 ABC License (On -Sale Beer,
Wine, and Distilled Spirits) and to expand the hours of operation at an existing restaurant located
at 223 Richmond Street (Second City Bistro). Applicant: Scott Reed (Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
1. Receive and file this report without objecting to the issuance of a Type 47 ABC license at
223 Richmond Street;
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Crime and Arrest Statistics by Reporting District (RD)
2. Police Reporting District Map
3. Planning Commission Staff Report dated September 22, 2011
4. Approval Letter to Applicant dated September 15, 2011
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager
REVIEWED BY: Greg Carpenter, Planning and Building Safety Director
APPROVED BY: Doug Willmore, City Manager
BACKGROUND AND DISCUSSION:
I. Backsiround
In 1995, the City Council directed staff to bring all notifications of future ABC licenses to it for
review. For alcohol sales at retail establishments, California regulations require a 30 -day review
and comment period after notifying local police, the planning department and the City Council.
The grounds of a protest, if any, should relate to public health, safety or welfare concerns. Based
upon previous Council direction, staff is providing background information regarding this
application.
9
135
II. Analysis
According to the most recent Crime and Arrest statistics report (January 2011 — June 2011,
Exhibit 1) prepared by the Police Department, the restaurant is located in Reporting District
(RD) 112 which is in the Richmond Street District (RSD) within the Downtown Specific Plan
(DSP) Zone. Based on 2011 reported data prepared by the Police Department, the District had a
total of 8 Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault, burglary,
larceny- theft, motor vehicle theft and arson) and 7 felony and misdemeanor arrests. The
Reporting District is considered a high crime area with a total of 24 crimes for all arrests and
other crimes reported between January and June 2011. However, the Police Department and the
Planning and Building Safety Department do not object to the expansion of the area for the ABC
license for a new restaurant.
This license request would allow the sale of beer, wine and distilled spirits at the existing
restaurant and would expand the hours of operation in the indoor dining areas by two hours from
11:00 p.m. to 1:00 p.m. Monday through Sunday. A request for a new license is required, since
no previous Type 47 ABC license was issued for this address. Restaurants are a permitted use in
the Richmond Street District (RSD) within the Downtown Specific Plan (DSP) Zone. The
existing restaurant has a 100 square -foot outdoor dining area in the public right -of -way
containing 6 seats; a 287 square -foot covered outdoor dining area in front of the building
containing 18 seats, a 920 square -foot interior dining area containing 58 seats, and a 750 square -
foot rear outdoor dining area containing 48 seats. The existing building is 2,492 square feet. The
existing total area of the restaurant is 3,342 square feet and contains 130 seats. No additional
floor area, outdoor dining area, or other physical changes are proposed with the current request.
The proposed restaurant hours of operation are: Monday through Sunday from 9:00 a.m. to 1:00
a.m. for the indoor dining area and Monday through Sunday from 9:00 a.m. to 11:00 p.m. for the
outdoor dining area. Food service would be available in the indoor and outdoor dining area
during the hours of operation and no outdoor entertainment is proposed.
On September 15, 2011 the Director of Planning and Building Safety approved an
Administrative Use Permit application (EA No. 935 and AUP No. 11 -09) for 223 Richmond
Street. The Director's decision was forwarded to the Planning Commission on September 22,
2011, which chose to receive and file the item.
The Department of Alcoholic Beverage Control (ABC) is responsible for running a complete
background check on all alcohol license applicants, as well as conducting site inspections, before
issuing any type of alcohol license.
III. Conclusion
Planning staff recommends that the Council receive and file the determination without objecting
to the modification of an existing Alcoholic Beverage Control (ABC) license for on -site sale and
consumption of alcohol to convert from a Type 41 ABC License (On -Sale Beer and Wine) to a
Type 47 ABC License (On -Sale Beer, Wine, and Distilled Spirits) and to expand the hours of
operation at an existing restaurant at 223 Richmond Street.
PRIanning & Building Safety \Planning - Old \PROJECTS (Planning) \926- 950 \EA 935 \EA -935 CC SR.doc
136
EL SEGUNDO POLICE DEPARTMENT
RECORDED PERIOD: JANUARY
- JUNE, 2011
PART I CRIMES AND ARRESTS BY REPORTING
DISTRICT
RD
REPORTING
PART I CRIMES
FELONY /MISD
TOTAL
AVERAGE BY RD
DISTRICT
ARRESTS
PERCENTAGE + -
5
9
0%
103
3
0
3
-67%
0
1
-89%
3
5
-44%
5
5
10
+11%
0
0
-100%
114
0
0
0
-100%
115
0
9
9
0%
2
2
-78%
202 5
3
8
-11%
203 3
7
10
+11%
204 4
0
4
-56%
"�o
3
-67%
213 1
1
2
-78%
214 0
0
0
-100%
0
10
+11%
5
5
-44%
304 2
0
2
-78%
0
1
-89%
306
0
1
1
-89%
307
1
0
1
-89%
4
0
4
-56%
0
2
-78%
311
6
1
7
-22%
312
2
0
2
-78%
313
2
0
2
-78%
314
0
0
0
-100%
315
4
3
7
-22%
316
1
1
2
-78%
1
4
-56%
320
5
1
6
-33%
321
1
3
4
-56%
322
1
1
2
-78%
Z
5
-44%
TOTALS
290
177
467
Number of Reporting Districts = 53
Average # of Part I Crimes per Reporting District = 5
Average # of Felony/ Misdemeanor Part I Crime Arrests per Reporting District
= 3
Average # of Crimes and Arrests per Reporting District
= 9
Results from 01/01/2011 through 06/30/2011
RECORDS /EJ 8/2/2011
137
EL SEGUNDO POLICE DEPARTMENT
Records /eg Page 1 8/3/2011 138
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PUBLIC HEARING: September 22, 2011
SUBJECT: Environmental Assessment No. EA -935 and
Administrative Use Permit No. 11 -09
APPLICANT: Second City Bistro c/o Scott Reed
PROPERTY OWNER: Star Restaurant Holdings, LLC
REQUEST: A request for a Modification to a discretionary
approval to allow an increase in the Fours of
operation and to include distilled spirits for on -site
consumption (Type 47 ABC License) at an existing
restaurant (Second City Bistro).
PROPERTY INVOLVED. 223 Richmond Street
INTRODUCTION
The proposed project is a request for a modification to a discretionary approval to
expand the hours of operation and to exchange a "Type 41 ABC' License (beer and
wine sales) for a "Type 47 ABC' License that will allow on -site sale of beer, wine
and distilled spirits at an existing restaurant located at 223 Richmond Street. The
project site is located in the Richmond Street District within the Downtown Specific
Plan (DSP). The Director made the necessary findings to grant an Administrative
Use Permit for the on -site sale and consumption of beer, wine, and distilled spirits
and approved the Administrative Use Permit on September 15, 2011 (see Exhibit
A).
ANALYSIS
The restaurant currently has a Type 41 Alcoholic Beverage Control License. The
existing restaurant has a 100 square -foot outdoor dining area in the public right -of-
way containing 6 seats; a 287 square -foot covered outdoor dining area in front of
the building containing 18 seats, a 920 square -foot interior dining area containing 58
seats, and a 750 square -foot rear outdoor dining area containing 48 seats. The
existing building is 2,492 square feet. The existing total area of the restaurant is
3,342 square feet and contains 130 seats. No additional floor area, outdoor dining
141
area, or other physical changes are proposed with the current request. The
applicant intends to add distilled spirits sales to the existing food service and to
extend the hours of operation.
The Planning and Building Safety Director made the necessary findings to grant an
Administrative Use Permit for the on -site sale and consumption of alcohol and
approved the Administrative Use Permit on September 15, 2011 (see Exhibit A).
The following chart describes the proposed dining and seating areas.
PROPOSES
RESTAURANT;
f
PROPOSED SQUARE FOOTAGE
NUMBER OF SEATS
Existing Outdoor
Dining Area in the
100 SF
6 seats
public right -of -way
Existing Covered
Dining Area
287 SF
18 seats
Existing Indoor
Dining Area
920 SF
58 seats
Existing Indoor
Service Area
1,285 SF
0 seats
Existing Outdoor
Dining Area to the
750 SF
48 seats
rear
Total
3,342 gross SF
130 seats
The zoning for the site is Richmond Street District (RSD) within the Downtown
Specific Plan. Restaurants are a permitted use in this Zoning District in accordance
with Downtown Specific Plan (DSP) § VI C.2(a)(ii). The proposed on -site sale and
consumption of beer, wine, and distilled spirits requires an Administrative Use
Permit in accordance with DSP § VI CA(a). The existing 750 -foot outdoor dining
area is a permitted accessory use in accordance with DSP § VI C.3(e).
The minimum number of required parking spaces for restaurant uses is one parking
space for every 75 square feet of dining area and one parking space for each 250
square feet of non - dining area. No parking is required for the first 200 square feet
i►:
142
of outdoor dining areas (DSP §VII 3.a.iii). The existing outdoor dining areas in the
front of the building require 4 parking spaces, the indoor dining area requires 12,
and the non - dining areas require 5 parking spaces for a total of 21. The number of
parking spaces provided on the property is 4, which is 17 spaces less than the
minimum requirement. However, the property is considered legal nonconforming for
parking purposes and no additional parking spaces are required (DSP § VII 10).
When the parking area at the rear of the property is used as a temporary outdoor
dining area, the total parking requirement increases to 30 spaces and the number of
spaces provided decreases to zero. As a result, when the parking area is used as a
temporary outdoor dining area, the property owner is required to lease 13 in -lieu
parking spaces in the City parking structure (DSP § VII 3.c.ii) to compensate for the
increased parking demand (9 spaces) and the decreased parking supply (4 spaces).
The following chart is the parking analysis for the proposed uses:
} °' {
PR�QPOSE
PROPOSED SQUARE
REST�11�l7r
FOOTAGE REQUIRED
REQUIRED PAR KING SPACES
; . PARKLNG`RATIO
7.
Existing Front
Outdoor Dining Area
0 Parkin Sac
in the Public Right of
100 SF— 1 Space /75 SF
200 SF of Outdoor Dining Area; 0
g ,
Way
Parking Spaces Required
Existing Front
Covered Outdoor
287 SF — 1 Space /75 SF
4 Parking Spaces
Dining Area
Existing Indoor
Dining Area
920 SF — 1 Space /75 SF
12 Parkin aces
9 Spaces
Existing4Noan- dining
1,285 SF —1 Space /250 SF
5 Parking Spaces
Existing Rear
0 Parking Spaces for the First
Outdoor Dining Area
750 SF — 1 Space /75 SF
200 SF of Outdoor Dining Area; 9
Parking Spaces Required
30 Parking Spaces required and
13 In -Lieu Parking Spaces will be
Total
3,342 gross SF
Provided
(4 parking Spaces provided —
existin le al nonconformin
Note: Pursuant to El Segundo Municipal Code §15- 15 -2.G, fractional spaces are rounded to the nearest
whole number.
3
143
The current approved restaurant dining hours of operation are: Monday through
Sunday from 9:00 a.m. to 11:00 p.m. The proposed restaurant hours of operation
are Monday through Sunday from 9:00 a.m. to 1:00 a.m. The proposed sale of
alcohol in the indoor dining area will be limited 1:00 a.m. and the outdoor dining
area will be limited to 11:00 p.m. Food service must be available in the indoor and
outdoor areas during the dining hours. Any change to the hours of operation or the
hours that alcohol may be served is subject to review and approval by the Planning
and Building Safety Director. No live entertainment is proposed.
Planning staff reviewed the application and the Planning and Building Safety
Director made the necessary findings to grant an Administrative Use Permit. The
attached letter specifies all of the required findings for the permit.
III. ENVIRONMENTAL_ DETERMINATION
The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations §
15301 as a Class 1 categorical exemption (Existing Facilities). The project includes
an alcohol license for an existing restaurant which results in a minor alteration in the
operation of an existing building. The project is not anticipated to have any
significant impacts with regard to traffic, noise, air quality, or water quality. There are
adequate utilities and public services to serve the project.
IV. INTER - DEPARTMENTAL COMMENTS
The project applications and plans were circulated to all the relevant City
Departments and have been incorporated as conditions in the attached approval
letter.
V. RECOMMENDATION
Receive and File.
4
144
Vlo EXHIBITS
A. Administrative Use Permit Approval Letter, dated September 15, 2011
B. Plans
Prepared by: Maria Baldenegro, Assistant Planner
Kimberly Chri tinning nsen, AICP, Planning Manager
Departrflent of $ Building Safety
Greg irpentehr, Director
DepVment of Planning & Building Safety
PAPlanning & Building Safetyl0 Planning - OIMPROJECTS (Planning) 1926- 9501EA- 9351EA- 935.PCsr.doc
5
145
Sly G �
Planning &- Building- Safety Department
September 15, 2011
Elected officials:
Er1c K. h,
Maayor yor
Bill Fisher,
Mayor Pro Tam
Carl
Council Member
Don Council Member
Scott Reed
Second City Bistro
223 Richmond Street
El Segundo, CA 90245
RE: Environmental Assessment No. EA -935 and Administrative Use
Permit (AUP) No. 11 -09 for the Modification of Environmental
Suzanne Council Fuentes,
Council Member
Assessment No. 828 and Administrative Use Permit No. 09 -01
Cindy
City
To allow an increase in the hours of operation and to include distilled
Ralph t
City Treasu rer
spirits for on -site consumption (Type 47 ABC ) license at an existing
restaurant (Second City Bistro).
Appointed Officials:
Address: 223 Richmond Street
Doug Wlllmam,
City M
Mark D. Hensleynsley, ,
Dear Mr. Reed:
City Attomey
This letter is to inform you that, in accordance with El Segundo Municipal
Department Directors:
Code ( "ESMC ") Chapter 15 -22, the Planning Division reviewed your
Deborah Cullen,
application for the above - referenced project and the Director of Planning
nResources
Kevin Smith,
and Building Safety APPROVED Environmental Assessment No. EA -935
Fire Chief
Debra Brighton,
and Administrative Use Permit No. 11 -09 to increase the hours of
Library
GregCarpenter,CeS
operation and to allow the sale of distilled spirits for on -site consumption at
p p� p
Planning and Building
Sa /ety/EconomocDe .
an existing restaurant at 223 Richmond Street. The existing restaurant has
Mitch
a 100 square -foot outdoor dining area in the public right -of -way containing
StephanlaKatsou leas,
Public Works
6 seats; a 287 square -foot covered outdoor dining area in front of the
Robert C
Recreation & Parks
R 8
building containing 18 seats, a 920 square -foot interior dining area
containing 58 seats, and a 750 square -foot rear outdoor dining area
containing 48 seats. The existing building is 2,492 square feet. The
existing total area of the restaurant is 3,342 square feet and contains 130
www.elsegundo.org
seats. The following are the findings and facts in support of each finding
for this decision:
350 Main Street, El Segundo, California 90245 -3813
Phone (310) 524 -2380 FAX (310) 322 -4167
146
FINDINGS AND .FACTS IN SUPPORT OF EACH FINDING:
Environmental Assessment No. 935
Finding 1
The proposed project is categoricaily exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant' to 14 California Code of
Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The
project is a request to allow an increase in the hours of operation and the
exchange of an existing Alcoholic Beverage Control license for an existing
restaurant which results in a minor alteration in the operation of an existing
building. The project is not anticipated to have any significant impacts with regard
to traffic, noise, air quality, or water quality. There are adequate utilities and
public services to serve the project.
Facts in Support of Finding 1
1. The applicant requests a modification to a discretionary approval to expand the
hours of operation and to exchange a "Type 41 ABC" License (beer and wine
sales) for a "Type 47 ABC' License that will allow on -site sale of beer, wine and
distilled spirits at an existing restaurant. The existing restaurant contains a 100
square -foot outdoor dining area in the public right -of -way containing 6 seats; a
287 square -foot covered outdoor dining area in front of the building containing 18
seats, a 920 square -foot interior dining area containing 58 seats, and a 750
square -foot rear outdoor dining area containing 48 seats. The existing building is
2,492 square feet. The existing total area of the restaurant is 3,342 square feet
and contains 130 seats. A six -foot wide sidewalk will remain for pedestrian
passage adjacent to the outdoor dining area at the front of the building. The
request is for a combined total 3,342 square feet in area. The project results in a
minor alteration in the operation of an existing building involving a minor increase
in the hours of operation. The project is not anticipated to have any significant
impacts with regard to traffic, noise, air quality, or water quality. There are
adequate utilities and public services to serve the project. There is adequate
sidewalk width for pedestrian passage adjacent to the outdoor dining area
located in the public right -of -way. The property is in an urbanized area where it
has adequate access and all public services and facilities are available.
Additionally, the site is not in an area that is environmentally sensitive.
Administrative Use Permit 11 -09
Finding 1
® There is compatibility of the particular use on the particular site in relationship to
other existing and potential uses within the general area in which the use is
proposed to be located.
14'7
2
Facts in Support of Finding 1
1. The existing restaurant currently has a Type 41 Alcoholic Beverage Control
License for a 3,342 square -foot restaurant with 850 square feet of outdoor dining
area contains 130 seats.
2. The applicant proposes to increase the hours of operation and exchange the
"Type 41 ABC" License for a "Type 47 ABC" License to include on -site sale and
consumption of beer, wine, and distilled spirits.
3. The General Plan land use designation for the site is Downtown Specific Plan.
The Downtown Specific Plan permits community serving retail and service uses,
including offices in a pedestrian- oriented environment.
4. The zoning for the site is the Richmond Street District (RSD) within the
Downtown Specific Plan (DSP). Restaurants are a permitted use in this Zoning
District in accordance with Downtown Specific Plan (DSP) § VI C.2(b). The
proposed use (to exchange an existing (Type 41 ABC) License for a new (Type
47 ABC) license that will allow the on -site sale and consumption of beer, wine,
and distilled spirits at an existing restaurant that contains 850 total square -feet of
outdoor dining area) requires an Administrative Use Permit approval in
accordance with DSP § VI CA(a) and ESMC § 15 -22 -5. The existing 750 square -
foot outdoor dining area is a permitted accessory use and was subject to design
review in accordance with DSP § VI CA(e) and compliance with ESMC § 15 -2 -16
outdoor dining area regulations. The existing 750 square -foot outdoor dining area
to the rear of the property is a permitted accessory use and was subject to
design review in accordance with DSP § VI CA(e) and compliance with ESMC §
15 -2 -16 outdoor dining area regulations. The Public Works Department approved
through a separate application an encroachment permit for the use of the existing
100 square -foot outdoor dining area in the public right -of -way and is subject to
the requirements of ESMC § 9 -2 -1.
5. The Downtown Specific Plan (DSP) Zone permits restaurants with outdoor dining
areas. The increase in hours of operation and the exchange in license from a
"Type 41 ABC License" to a "Type 47 ABC License" for the existing restaurant
are similar and compatible with the surrounding land uses which include
residential units, commercial retail, restaurants, a music hall and office uses.
6. The applicant must obtain a State of California Department of Alcoholic Beverage
Control (ABC) license for on -site sale and consumption of beer, wine and distilled
spirits (Type 47) for the restaurant (Second City Bistro).
7. On September 22, 2011, the El Segundo Planning Commission is scheduled to
Receive and File the Administrative Use Permit request.
3 148
Finding 2
The proposed use is consistent and compatible with the purpose of the Zone in
which the site is located.
Facts in Support of Finding 2
1. The General Plan land use designation for the site is Downtown Specific Plan.
2. The zoning for the site is the Richmond Street District (RSD) within the
Downtown Specific Plan (DSP). Restaurants are a permitted use in this Zoning
District in accordance with Downtown Specific Plan (DSP) § VI C.2(b). The
proposed use (to exchange an existing (Type 41 ABC) License for a new (Type
47 ABC) license that will allow the on -site sale and consumption of beer, wine,
and distilled spirits at an existing restaurant that contains 850 total square -feet of
outdoor dining area) requires an Administrative Use Permit approval in
accordance with DSP § VI CA(a) and ESMC § 15 -22 -5. The existing 750 square -
foot outdoor dining area is a permitted accessory use and was subject to design
review in accordance with DSP § VI CA(e) and compliance with ESMC § 15 -2 -16
outdoor dining area regulations. The Public Works Department has approved a
separate application for an encroachment permit for the use of the existing 100
square -foot outdoor dining area in the public right -of -way and is subject to the
requirements of ESMC § 9 -2 -1.
3. The purpose of the Richmond Street District (RSD) is the "entertainment center"
of El Segundo and is comprised of an eclectic mix of antique stores, bars,
restaurants and the Old Town Music Hall (Richmond Street 100 -200 blocks). This
street has a separate and distinct identity from Main Street, as it contains the
oldest commercial buildings in the City with development along the street near
the front property line. The proposed use is consistent with the zone in that it
serves residents, local employees, and visitors in a pedestrian- oriented
environment on the ground floor level.
4. The proposed use is consistent with the goals, objectives, policies, and programs
of the El Segundo General Plan by expanding the neighborhood serving
commercial uses, maintaining the "small town" atmosphere with moderate
density, and improving the business environment of Downtown.
5. The proposed use is consistent with Economic Development Goal ED3 in that it
preserves and improves the business environment and image of Downtown El
Segundo. The proposed use is consistent with Objective ED3 -1 of economic
development in that it contributes to El Segundo's commercial options. The
proposed is consistent with Policy 3 -1.2, 3 -1.3, and 3 -1.5 in that it preserves
Downtown's economic viability, encourage revitalization efforts Downtown, and
encourage a mix of retail and commercial businesses that stimulate pedestrian
4 149
traffic and meet the communities need for changing needs for goods and
services.
6. The proposed use is consistent with Land Use Element Goal LU4 in that it
provides a stable tax base for the City through development of new commercial
uses without adversely affecting the viability of Downtown. The proposed use is
consistent with Objective LU4 -2 'in that it serves as a focal point for the social
environment of the community. The proposed use is consistent Policy LU4 -2.1 as
it revitalizes and upgrades commercial areas, making them a part of a viable,
attractive and people- oriented commercial district.
7. The surrounding land uses include: residential units, commercial retail,
restaurants, a music hall and office uses. The proposed increase in the hours of
operation and new (Type 47 ABC) License request are compatible with the
surrounding uses.
W_ r l"
The proposed location and use and the conditions under which the use would be
operated or maintained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
Facts in Support of Finding 3
The existing restaurant is located in the Downtown Specific Plan (DSP) Zone
within the Richmond Street District (RSD) and includes 850 square -feet of new
outdoor dining area. The restaurant and outdoor dining area meet all the
development standards of the (DSP) Zone and the required parking will be
provided in compliance with (DSP) § VII 3(a)(iii) Parking In -Lieu Fees,
2. The surrounding land uses include residential units, commercial retail,
restaurants, a music hall and office uses. The restaurant is a permitted use within
the Downtown Specific Plan (DSP) Zone and the existing 850 square -feet of
outdoor dining area is a permitted accessory use. On -site sale and consumption
of alcohol in new restaurants or outdoor dining areas are permitted with an
Administrative Use Permit.
3. The proposed hours of operation for the restaurant are: Monday through Sunday
from 9:00 a.m. to 1:00 a.m. for the indoor area and Monday through Sunday from
9:00 a.m. to 11:00 p.m. in the outdoor dining areas. No live entertainment is
proposed.
4. The existing outdoor dining areas in the front of the building require 4 parking
spaces, the indoor dining area requires 12, and the non - dining areas require 5
parking spaces for a total of 21. The number of parking spaces provided on the
property is 4, which is 17 spaces less than the minimum requirement. However,
5 150
the property is considered legal nonconforming for parking purposes and no
additional parking spaces are required (DSP § VII 10). When the parking area at
the rear of the property is used as a temporary outdoor dining area, the total
parking requirement increases to 30 spaces and the number of spaces provided
decreases to zero. As a result, when the parking area is used as a temporary
outdoor dining area, the property owner is required to purchase or lease 13 in-
lieu parking spaces in the City parking structure (DSP § VII 3.c.rl) to compensate
for the increased parking demand (9 spaces) and the decreased parking supply
(4 spaces). The applicant leases the parking spaces from the City in the months
that the outdoor dining area is utilized. Currently, the applicant is in compliance
with this requirement.
Potential impacts that could be generated by the proposed use, such as noise,
smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized
and mitigated.
Facts in Support of Finding 4
1. The sale of alcohol will not create any new impacts that would not be normally
associated with the operation of a restaurant with indoor and outdoor dining
areas.
2. The proposed hours of operation for alcohol sales and the location of the
restaurant will help to minimize impacts on surrounding uses.
3. The proposed restaurant dining hours of operation are: Monday through Sunday
from 9:00 a.m. to 1:00 a.m. for the indoor area and Monday through Sunday from
9:00 a.m. to 11:00 p.m. in the outdoor dining areas. Food service would be
available in the existing indoor and outdoor dining areas during the hours of
operation. In addition, the subject site is accessible to pedestrians from the
surrounding area and the downtown.
4. In addition to complying with the requirements of the City of El Segundo and the
State of California Department of Alcoholic Beverage Control the restaurant is
subject to County Health Department regulations that address and monitor
impacts of fumes and odors.
Finding 5
® The State of California Department of Alcoholic Beverage Control has issued or
will issue a license to sell alcohol to the applicant.
151
0
Facts in Support of Finding 5
1. The applicant must obtain a license from the State of California Department of
Alcoholic Beverage Control (Type No. 47).
PLANNING AND BUILDING SAFETY DEPARTMENT DIRECTOR ACTION
Based on these findings and facts in support of these findings, the Planning and
Building Safety Department Director APPROVES the proposed project, subject to the
following conditions:
1. The proposed restaurant dining hours of operation are: Monday through Sunday
from 9:00 a.m. to 1:00 a.m. for the indoor area and Monday through Sunday from
9:00 a.m. to 11:00 p.m. in the outdoor dining areas. Food service must be
available in the indoor and outdoor dining areas during the hours of operation.
Any change to the hours of operation or the hours that alcohol may be served is
subject to review and approval by the Director of Planning and Building Safety.
2. The seating for the restaurant must be limited to 58 seats in the interior dining
area, 18 seats in the covered outdoor dining area in front of the building, 48 seats
in the existing outdoor dining area to the rear, and 6 seats in the existing outdoor
dining area in the public right -of -way in front of the building and a total of 130
seats for the subject site.
3. Any subsequent modification to the project as approved, including the floor plan
and areas where alcohol will be served, and /or the conditions of approval must
be referred to the Director of Planning or designee and Building Safety for
approval and a determination regarding the need for Planning Commission
review of the proposed modification.
4. The applicant must obtain and maintain all licenses required by the Alcoholic
Beverage Control Act (Business & Professions Code §§ 23300 et seq.). The
applicant must obtain and maintain a Type 41 license.
5. The applicant must maintain and comply with the terms of an encroachment
permit from the Public Works Department for any use of the public right -of -way
for outdoor dining and is subject to the requirements of ESMC § 9 -2 -1.
6. The restaurant operations must comply with ESMC §§ 7 -2 -1, et seq. regulating
noise and vibration.
7. The Planning and Building Safety Department and the Police Department must
be notified of any change of ownership of the approved use in writing within 10
days of the completion of the change of ownership. A change in project
ownership may be cause to schedule a hearing before the Planning Commission
regarding the status of the administrative use permit.
7 152
8. The applicant must comply with all regulations of the Alcoholic Beverage Control
Act and the regulations promulgated by the Alcoholic Beverage Control Board
including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§
55 et seq.
9. The applicant must post a sign in a clear and conspicuous location listing a
phone number at which a responsible party may be contacted during all open
hours of the establishment to address any concerns of the community regarding
noise in the restaurant, patio and parking lot. Said contact's name and phone
number must also be available through the restaurant staff at all times.
10. The applicant must, at all times, display a Designated Driver sign of at least
ten inches by ten inches (10" X 10 ") in the restaurant dining areas at eye level.
The sign must be worded in a way that reminds patrons who are consuming
alcohol to designate a non - drinking driver.
11. There must be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages. Interior displays of alcoholic beverages which are clearly
visible to the exterior must constitute a violation of this condition.
12. All employees serving alcoholic beverages to patrons must enroll in and
complete a certified training program approved by the State Department of
Alcoholic Beverages Control (ABC) for the responsible sales of alcohol. The
training must be offered to new employees on not less than a quarterly basis.
13. Any and all employees hired to sell alcoholic beverages must provide evidence
that they have either:
a. Completed training from the State of California Department of Alcoholic
Beverage Control (ABC), Inglewood District Office administered
Leadership and Education in Alcohol and Drugs (LEAD) Program in the
form of an ABC - issued certificate; or,
b. Completed an accepted equivalent by the ABC, Inglewood District Office
to ensure proper distribution of beer, wine and distilled spirits to adults of
legal age. If any prospective employee designated to sell alcoholic
beverages does not currently have such training, then;
C. The ABC - licensed proprietors must have confirmed with the Planning and
Building Safety Department within fifteen (15) days of the Planning
Manager's decision, or by final project approval, that a date certain has
been scheduled within the local ABC Office to complete the LEAD course.
15) 3
d. Within thirty (30) days of taking said course, the employees, or
responsible employer must deliver each required certificate showing
completion to the Police Department.
14. The licensee must have readily identifiable personnel to monitor and control the
behavior of customers inside the building premises. Staff must monitor activity
outside in the parking lot -and any adjacent property under the establishment's
control to ensure the areas are generally free of people and are cleared of
patrons and their vehicles one -half hour after closing.
15. If complaints are received regarding excessive noise, parking availability, lighting,
building access, and the like associated with the restaurant, and outdoor dining
area, the city may, in its discretion, take action to review the Administrative Use
Permit, including without limitation, adding conditions or revoking the permit.
16. The outdoor dining and seating areas must comply with ESMC § 15 -2 -16. To the
extent the outdoor dining area in back is utilized, there must be 13 spaces of
parking made available consistent with requirements of DSP § VII 3(a)(iii)
Parking In -Lieu Fees. When the outdoor dining is not in use, the gates must be
open and the 4 parking spaces must be available during all hours of operation.
17. The building must not be occupied by more persons than allowed by the
California Building Code, as adopted by the ESMC.
18. The building and any outdoor seating must comply with California Building and
Fire Code requirements, as adopted by the ESMC.
19. The Applicant agrees to indemnify and hold the City harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment
No. 935 or Administrative Use Permit No. 11 -09. Should the City be named in
any suit, or should any claim be brought against it by suit or otherwise, whether
the same be groundless or not, arising out of the City approval of EA -935 or AUP
11 -09, the Applicant agrees to defend the City (at the City's request and with
counsel satisfactory to the City) and will indemnify the City for any judgment
rendered against it or any sums paid out in settlement or otherwise. For purposes
of this section "the City" includes the City of El Segundo's elected officials,
appointed officials, officers, and employees.
9 154
PLANNING COMMISSION
Please be advised that this does not conclude the review process. This determination
will be transmitted to the Planning Commission at its September 22, 2011 meeting with
the recommendation that the Planning Commission Receive and File the determination.
The City Council will determine whether or not to protest the issuance of the ABC
License (Type 41) at its meeting on October 4, 2011.- If you have any questions, please
contact the project planner Maria Baldenegro at (310) 524 -2341 for further information.
Sincerely,
Greg rpen r, Director
Dep ment of Planning and Building Safety
PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning)\ 926- 950 \EA - 935 \EA- 935.AUP.letter.doc
10 155
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: October 4, 2011
AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a request from El Segundo Lacrosse to reduce field
fees to $50 per hour while hosting a Lacrosse Spring Break Program for teams across the country
from February 12. 2012, through April 21, 2012.
(Fiscal Impact: $22,500 Revenue: $45.000 Uncollected Revenue)
RECOMMENDED COUNCIL ACTION:
1. Approve the request from E1 Segundo Lacrosse to receive reduced field fees.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Letter of request from Kim Wood, E1 Segundo Lacrosse Spring Break Committee Co -Chair
FISCAL IMPACT: $22,500 Revenue; $45,000 Uncollected Revenue
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Meredith Petit, Recreation Superintendent
REVIEWED BY: Bob Cummings, Director of Recreation and Parks.
APPROVED BY: Doug Willmore, City Manager
BACKGROUND & DISCUSSION:
El Segundo Lacrosse has begun planning for a new Spring Break program that will bring teams from
across the country to participate in a unique training program. This new program would bring four teams
each week to El Segundo and would utilize the Campus El Segundo Athletic Fields for practices and
games against each other and local teams. El Segundo Lacrosse recognizes that indirect benefits to the
City exist with this program. The teams will stay at local hotels and patronize local establishments. El
Segundo Lacrosse is excited to offer this program as an experience for the local young lacrosse players
and the visiting teams, as well as showcase the Campus El Segundo Athletic Facility.
The dates for the camps would vary between February 12, 2012, and April 21, 2012, between 8:OOam
and 4:OOpm. Camps would run in one -week sessions and be scheduled based on the number of
participating teams.
Because this program is not within El Segundo Lacrosse's normal season and does not fall within the
camp or clinic reservation guidelines, the field reservation fee assigned for this program according to the
Department's Fee Schedule would be $150 per hour per field. In an effort to keep the price per player as
low as possible for visiting teams, El Segundo Lacrosse is requesting a reduced rate of $50 per hour per
field for the reservation fee. A reduced field reservation expense would allow the organization to remain
competitive with similar programs across the East Coast, and increase the likelihood of recruiting their
goal of 12 -20 teams.
10
1. 5 G
The reduced rate would decrease the hourly fee by $100, therefore saving El Segundo Lacrosse $45,000
if booked at maximum capacity (i.e. both fields for each week between the proposed dates). Similarly,
the total fees charged, and revenue for the City, would be $22,500. Staff is confident that the requested
reservation times are during non -peak hours for the facility, and would likely not be rented to other
groups during those dates and times. Further, staff is confident that the final schedule could
accommodate all user groups including pre- existing reservations, drop -in players, and local youth sports
organizations. El Segundo Lacrosse and the Department have a good working relationship and would
work closely to be flexible with the scheduling each week.
The Recreation and Parks Commission reviewed this item and during the meeting held September 21,
2011, voted unanimously to recommend City Council approve the reduced field reservation fee as
proposed.
15;
From: kimcocokimie <kimcocokimie @aol.com>
To: jesseb <jesseb @aol.com>
Sent: Thu, Sep 1, 2011 1:07 pm
El Segundo Lacrosse is pleased to introduce our new spring break program for the spring 2012
season. We have put together an all- inclusive program to bring high school and college lacrosse
teams from all over the country to El Segundo for their pre- season training. There are currently
numerous programs offered in Florida that offer top -notch training facilities, first class
accommodations in prime locations, superb beaches, and a wide range of great local attractions.
We believe that El Segundo offers all of that and more.
Over the past 3 years, we have proven we can bring this kind of business to El Segundo by
hosting teams from UK North London Collegiate Girls (High school and middle school), the
University of Michigan Men's team, the South New Hampshire D3 Women's team as well as
high school boys and girls teams from Dallas and Denver. This also builds on the additional tax
revenue we are proud to produce each year with our season ending Annual All Star (Starz)
Lacrosse tournament that brings all -star teams from all over Southern California, Arizona, Texas
and Nevada.
Visiting Spring Break teams will stay in El Segundo hotels, eat in our restaurants, use our golf
course along with practices and games on our beautiful Campus El Segundo Fields. Our
packages only offer transportation within the City of El segundo - no transportation out of the
city is provided except for a one day excursion to one of our area amusement parks. The amount
of tax revenue will be substantial as we plan to host a series of at least 4 teams along with their
traveling parties per week beginning the week of Feb 12 and ending the week of April 21.
We are coming before you today to ask for a reduced field reservation fee to rent the Campus El
Segundo fields for this program. The majority of the field time we are requesting is during the
day from the hours of 8:00 am to 4:30 pm when the fields are generally less used. We also need
some field time in the late afternoons or evenings for games or scrimmages against our El
Segundo boys or girls teams and /or other West Coast teams we invite into the city. We hope to
use our new El Segundo High School stadium during these times if Campus is not available or
rent Mira Costa or Redondo High School stadiums.
We sincerely appreciate your input and support in this program to generate revenue to fund our
El Segundo Lacrosse program, including our new El Segundo High School boys and girls CIF
teams we are forming.
Thank you for your time and consideration.
Respectfully yours,
Kim Wood
Rhonda Andrew
Spring Break Committee Co -Chair
15 8
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
C ideration and possible action to
MEETING DATE: October 4, 2011
AGENDA HEADING: Consent
ons (1) grant California Construction & Development's
(CCD) request to withdraw its bids in accordance with Public Contract Code Section
58101 and (2) award a contract to Best Contracting Services, Inc. for Miscellaneous Roof
Repairs at George E. Gordon Club House, the City Library and the Urho Saari Swim
Stadium. (Fiscal Impact: $200,000.00)
RECOMMENDED COUNCIL ACTION:
Grant California Construction & Development's (CCD) request to withdrawal its
bid in accordance with public Contract Code Section 5101.
Authorize the City Manager to execute a standard public works contract in a form
as approved by the City Attorney to Best Contracting Services, Inc., in the amount
of $190,500.00
Alternatively, discuss and take other action related to this item
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT: $200,000.00
Amount Requested:
Additional Appropriation:
Account Number(s):
ORIGINATED BY: Maryam M. Jonas, Principal Engineer
REVIEWED BY: 1�11 i Stephanie Katsouleas, Public Works Director
APPROVED BY: Doug Willmore, Acting City Manager
$130,000.00
Yes
405- 400 - 0000 -6215
BACKGROUND AND DISCUSSION:
�U
On April 5, 2011, the City Council authorized staff to advertise for a project to repair and /or
replace roofs at multiple City Facilities (library, plunge and club house). On September 20, 2011,
the City Clerk received and opened three (3) bids as follows:
1. California Construction & Development (CCD) $ 59,480.00
2. Best Contracting Services, Inc. $190,500.00
3. Long Beach Roofing $222,100.00
Shortly after the public bid opening on September 20, 2011, California Construction &
Development requested to be relieved from its bid citing that there was a clerical error in the bid
submitted. The second lowest responsible bidder, Best Contracting Services, Inc. submitted a
1 1
15 9
complete bid package and indicated readiness to perform the project. Staff has contacted
references regarding Best Contracting Services and received favorable responses. Staff
recommends awarding a public works contract to the lowest responsible bidder for $190,500.
The Facility Maintenance account had earmarked $70,000 for the repair and replacement of the
miscellaneous roofs in fiscal year 2010 -2011. However, the deterioration of the roof at the
George E. Gordon Club House was so extensive that a full replacement of the roof is
recommended for this project in lieu of repair. The roof is nearly 55 years old and is well beyond
its useful life. Additionally, the roof mastic contains asbestos which must be abated by a
contractor who is licensed and certified by the State, thus significantly increasing the cost for the
removal /replacement of the roof. An appropriation of an additional $130,000 is required for the
award of this contract to perform the roof repairs at all three facilities. The amount requested
covers $190,500 for the contract and $9,500 for construction contingencies.
1 1J ()
EL SEGUNDO CITY COUNCIL MEETING DATE: October 4, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of a Memorandum of Understanding (Labor
Agreement) between the City of El Segundo and the El Segundo Firefighters'Association. (Fiscal
Impact: Estimated Savings FY 2011/2012 of $ 997,430)
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 2011/2012 of $997,430
Amount Budgeted:
Additional Appropriation: None
Account Number(s):
ORIGINATED BY: Deborah Cullen, Finance /Human Resources Director
REVIEWED BY:
APPROVED BY: Doug Willmore, City Manager
BACKGROUND AND DISCUSSION
Staff and representatives of the El Segundo Firefighters' 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 September 27, 2011.
The Agreement contains the following major provisions:
1. Term - October 1, 2011 — September 30, 2013 with the Association's option to extend to September
30, 2014. Association shall notify the City of its decision to extend by March 30, 2013.
2. PERS Cost - Sharing — Employees will pay three percent (3 %) of the employer contribution under
Government Code Section 20516(f). As soon as practicable, the City will amend its PERS contract to
implement the pre -tax cost - sharing arrangement under Government Code Section 20516(a).
Vacation buy -back suspended.
Suspension of 401(a) Deferred Compensation Matching. 12
Suspension of annual medical examinations.
161
Maximum City Funding of Insurance Premiums lowered from $1800 to $1600.
Dental Insurance — Dependent coverage eligibility age raised from twenty -three (23) to twenty -six
(26).
8. Adoption of the discipline - related policy and procedure in accord with the Firefighters Procedural Bill
of Rights
9. Institution of an Agency Shop agreement.
10. Limited Layoff language guaranteeing no layoffs will occur unless general fund core gross revenues
for any six month period fall seven and one -half percent (7.5 %).
11. Cost of Living Adjustment (COLA) Language — Employees entitled to a Cost of Living Increase if
general fund core gross revenues increase by $1.5 million during designated time periods. COLA to
be determined by CPI -U for the Los Angeles- Riverside - Orange County region for the agreed -upon
time period.
12. Clean -up language includes the following:
a. Driver's license information updated to conform to recent Department of Motor Vehicle changes
b. Catastrophic Leave Program information updated to be consistent with City's Policy.
c. Employer -Paid Member Contribution language clarified.
d. Disability Retirement Appeals Procedures Policy — effective date updated.
e. Drug -Free Workplace Policy — effective date updated.
162
Irm
RESOLUTION NO.
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO,
CALIFORNIA AND THE EL SEGUNDO FIREFIGHTERS'
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 will
remain effective unless repealed or superseded.
PASSED AND ADOPTED this 4th day of October , 2011.
Eric K. Busch,
Mayor
163
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 4th day of October, 2011, 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
)2011.
Cindy Mortesen, City Clerk
of the City of El Segundo,
California
(SEAL)
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger
Assistant City Attorney
164
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF EL SEGUNDO
AND
EL SEGUNDO FIREFIGHTERS'
ASSOCIATION, I.A.F.Fog LOCAL 3682
OCTOBER 19 2011 THROUGH SEPTEMBER 309
2013
165
MOU Between the City ()f El 1 36.5
v
ARTICLE 1
GENERAL PROVISIONS
Section
1.01
Preamble
Page
1
Section
1.02
Recognition
Page
1
Section
1.03
Management Rights
Page
1
Section
1.04
Savings Clause
Page
2
Section
1.05
No Strike Clause
Page
2
Section
1.06
Maintenance of Existing Benefits
Page
2
Section
1.07
Non - Discrimination Clause
Page
3
Section
1.08
Notice to Meet and Confer
Page
3
ARTICLE 2
SALARIES
Requesting Incentive Compensation
Page
Section
2.01
Salaries
Page
3
Section
2.02
Schedule of Classes by Series
Page
4
Section
2.03
Salary Schedule Calculation Methodology
Page
4
Section
2.04
Regular Rate of Pay
Page
4
Section
2.05
Base Salary Schedule - Step Advancement
Page
5
Section
2.06
Firefighter Compensation /Probationary
Period
Page
5
Section
2.07
Change in Anniversary Date & Range Number
Page
5
Section
2.08
Salary Placement on Promotion
Page
5
Section
2.09
Garnishments
Page
6
Section
2.10
Flexible Spending Account
Page
6
ARTICLE 3
Incentive Compensation
Section
3.01
Paramedic Special Assignment Pay
Page
6
Section
3.02
Paramedic License Incentive
Page
7
Section
3.03
Fire Staff Premium Pay
Page
8
Section
3.04
Hazardous Material Incentive Pay
Page
8
Section
3.05
Light -Duty Pay
Page
8
Section
3.06
Fire Investigator Premium Pay
Page
8
Section
3.07
Tiller Premium Pay
Page
8
Section
3.08
Class "A" CDL Premium Pay
Page
8
Section
3.09
Requesting Incentive Compensation
Page
9
ARTICLE 4
EDUCATIONAL PROGRAM
Section
4.01
Incentive Pay
Page
10
Section
4.02
Eligibility
Page
10
Section
4.03
Continuous Training
Page
11
MOU Between t:he C_it;,T o E..i SegL711(.7o and T�F'F coca a?. 3 69
TC?
Amended /:�'1..Z �. __ - rTnion- _-
i
i
1 b !)
ARTICLE 5
LONGEVITY ACHIEVEMENT PAY
Section 5.01
Tenure and Compensation Schedule
Page 11
Section 5.02
Eligibility
Page 11
ARTICLE 6
INSURANCE ACTIVE EMPLOYEES
Section 6.01
Basic Health and Medical Insurance
Page
11
Section 6.02
Optical Insurance Provider
Page
12
Section 6.03
Health Insurance Formula
Page
12
Section 6.04
Dental, Optical and Life Insurance
Page
12
Section 6.05
Long -Term Disability Insurance
Page
12
Section 6.06
Catrastrophic Leave Program
Page
13
Section 6.07
Long -Term Care Group Insurance
Page
13
Section 6.08
Medical Insurance Continuation
Page
14
Section 6.09
Maximum City Funding
Page
14
Section 6.10
Reopen on Health Care Provider
Page
14
ARTICLE 7
INSURANCE RETIRED EMPLOYEES
Section 7.01
City Sponsored Medical Insurance Plans
Page
14
Section 7.02
Other Medical Insurance Plans
Page
14
Section 7.03
Eligibility Retiree Medical Insurance
Page
15
ARTICLE 8
SICK LEAVE
Section 8.01
Sick Leave Accrual
Page
15
Section 8.02
Sick Leave Usage for Family Care
Page
15
Section 8.03
Sick Leave Payment upon Separation
Page
15
Section 8.04
Sick Leave Pay upon Disability Retirement
Page
16
Section 8.05
Sick Leave Pay upon Death
Page
16
Section 8.06
Annual Payment for Hours Over Maximum
Page
16
ARTICLE 9
VAC_ ATION
Section 9.01
Accrual - 40 -Hour Work Week
Page
16
Section 9.02
Accrual - 24 -Hour Shift
Page
17
Section 9.03
Vacation Eligibility
Page
17
Section 9.04
Vacation Buy Back
Page
17
Section 9.05
Vacation Accrual on IOD
Page
17
Section 9.06
Promotion and Transfer Eligibility
Page
17
Section 9.07
Payout on Termination
Page
18
Section 9.08
Emergency Use
Page
18
ARTICLE 10
OVERTIME
Section 10.01
General
Page
18
p9OU Between the City of Fn( ;t g .ire c7 and TAFF Local
3682
n,.
Amended Y % Y y j 11 : -- -- -- --
ii
ii
1b7
Section 10.02
Overtime under FLSA
Page 18
Section 10.03
Recall /Forced Hire Compensation
Page 19
ARTICLE 11
DEFERRED COMPENSATION PROGRAM
Section 11.01
Eligibility / Program Administrator
Page
19
Section 11.02
Deferred Compensation Matching Funds
Page
19
ARTICLE 12
RETIREMENT - PERS
Section 12.01
Three Percent at Fifty -Five
Page
19
Section 12.02
Survivors Benefit
Page
19
Section 12.03
Retirement Formula
Page
20
Section 12.04
PERS Payment Pick -Up
Page
20
ARTICLE 13
UNIFORM AND SAFETY EQUIPMENT
Section 13.01
Uniform Maintenance Program
Page
20
Section 13.02
Cal OSHA/ Fed OSHA Uniform Requirements
Page
20
Section 13.03
Department Uniform Officer
Page
20
ARTICLE 14
BEREAVMENT LEAVE
Section 14.01
General
Page
21
Section 14.02
Use of Other Leaves
Page
21
Section 14.03
Documentation
Page
21
ARTICLE 15
COMPUTER LOAN PROGRAM
Section 15.01
General
Page
21
Section 15.02
Initial Loan
Page
21
Section 15.03
Eligible Purchases
Page
22
ARTICLE 16
SAFETY COMMITTEE
Section 16.01
Selecting Members
Page
22
Page
22
Section 16.02
Purpose
Section 16.03
Meetings
Page
22
ARTICLE 17
TRAINING REIMBURSEMENTS
Section 17.01
Paramedic Training Reimbursement
Page
23
Section 17.02
Department Instructor Training
Page
23
ARTICLE 18
EDUCATIONAL REIMBURSEMENTS
Section 18.01
Reimbursement for Courses
Page
24
Section 18.02
Reimbursement for Tuition and Books
Page
24
Section 18.03
City Reimbursement Agreement
Page
25
Section 18.04
City Reimbursement Schedule
Page
25
MOU Between the City of F1 S e Local
4?
TO _ 3
Amended XfXX; /II
168
iii
ARTICLE 19
TEMPORARY APPOINTMENTS
Section 19.01
General
Page 25
Section 19.02
Method for Filling Vacancies
Page 26
Section 19.03
Guidelines
Page 26
Section 19.04
Parameters for Conferring
Page
26
Section 19.05
Determination of Appointment
Page
26
Section 19.06
Intent of Policy
Page
27
ARTICLE 20
MAINTENANCE AND REPAIRS
Section 20.01
Limited Maintenance and Repair
Page
27
Section 20.02
Administrative Offices (Fire Station #1)
Page
27
ARTICLE 21
MATERNITY LEAVE
Section 21.01
Equal Benefits
Page
27
Section 21.02
Working and Reporting
Page
28
Section 21.03
Light Duty
Page
28
Page
28
Section 21.04
Leave
Section 21.05
Notice of Leave
Page
28
Section 21.06
Returning to Work
Page
29
Section 21.07
Comparable Position
Page
29
Section 21.08
Rights
Page
29
ARTICLE 22
POLICY AND PROCEDURE AGREEMENTS
Section 22.01
Disability Retirement Appeal Procedures
Page
30
Section 22.02
Annual Fitness for Duty Procedures
Page
30
Section 22.03
Injury on Duty Procedures
Page
30
Section 22.04
Modified Duty Procedures
Page
30
Section 22.05
Rehire Policies
Page
30
Section 22.06
Rank for Rank Policy
Page
31
Section 22.07
Drug -Free Workplace Policy
Page
31
Section 22.08
Layoff and Recall Policy
Page
31
Section 22.09
Grievance Procedure
Page
34
Section 22.10
Shift Trade Policy
Page
37
Section 22.11
No Smoking Policy
Page
37
Section 22.12
Medical Examination Policy
Page
37
Section 22.13
Military Leave Policy
Page
37
Section 22.14
Election Day Voting Policy
Page
37
Section 22.15
Jury Duty
Page
38
ARTICLE 23 UNION BUSINESS
Section 23.01 Bulletin Boards Page 38
MOU Between the Cite of El Segz.iildo a -13d TAF'F Local 3658'
Amended X /XX /_l 1: C'itom ____ U.nion -__
iv
169
iv
MOU Bet weer f 1�e C" t of F 1 96-9U'00 az3d TIFF
A1T1e11 d P_, d - - - - --
V
Gs]
Page
39
Section 23.02
Union Meetings
/Association Business
Page
g
39
Section 23.03
Conduct of Union
ARTICLE 24
HOLIDAYS
Page
39
Section 24.01
Accumulation
page
39
Section 24.02
Annual Payment
page
39
Section 24.03
PERS Pick -Up
ARTICLE 25
MISCELLANEOUS
Page
40
Section 25.01
Promotional Examination Requirements
Section 25.02
Opportunity to Review Materials
Page
40
Section 25.03
Training Public and Employees
Page
40
ARTICLE 26
SCHEDULE
Page
41
Section 26.01
Schedule - Suppression Employees
ARTICLE 27
TERM
Page
41
Section 27.01
Term
ARTICLE 28
RETROACTIVITY
Page
41
Section 28.01
Retroactivity
ARTICLE 29
SIGNATURES
Page
41
Section 29.01
Signatures
MOU Bet weer f 1�e C" t of F 1 96-9U'00 az3d TIFF
A1T1e11 d P_, d - - - - --
V
Gs]
ARTICLE 1 -
Section 1.01 PREAMBLE
GENERAL PROVISIONS
1. This Memorandum of Understanding is made and entered into between
the El Segundo Firefighters, Association, affiliated with the
International Association of Firefighters,
hereinafter, referred
to as "Union ", and the management representatives of the City of
E1 Segundo, hereinafter referred to as the "City ", pursuant to
the California Government Code Section 3500 et seq.
2. The parties have met and conferred in good faith regarding
employment conditions and it is mutually agreed that this
Memorandum of Understanding shall be effective as described in
Section 1.08, below. It is further agreed that except as
provided herein, there will be no other negotiations for
salaries, benefits, and working conditions for the term covered
by this Memorandum unless both parties agree otherwise; and the
parties shall submit this Memorandum to the City Council with a
joint recommendation that the body resolves to adopt appropriate
motions and resolutions to implement the provisions of this
Memorandum. Nothing herein prevents the City from meeting and
conferring with the Union on proposed changes to the City's
Personnel Rules and Regulations, which are within the scope of
representation.
3. Any and all prior or existing Memoranda of Understanding, Letters
of Agreement, Addendums, Side Letters, and other such documents
between the parties are hereby superseded and terminated in their
entirety, whether or not the specific subject matter of any such
document is addressed herein.
Section 1.02 RECOGNITION
1. The City hereby confirms its recognition of the Union as
representative of the employees in the representation unit
containing positions specifically set forth below, and has agreed
to meet and confer with the Union on all matters relating to the
scope of representation pertaining to the said employees as
authorized by law. For representation purpose, the unit shall
consist of the following positions: Firefighter, Firefighter
Special Assignment Paramedic, Fire Engineer, and Fire Captain.
Section 1.03 MANAGEMENT RIGHTS
1. Except as limited by specific and express terms of this
agreement, the City hereby retains and reserves unto itself all
rights, powers, authority, duty and responsibilities conferred on
and vested in it by the laws and the Constitution of the State of
California and /or the United States of America.
2. The management and the direction of the work force of the City is
vested exclusively in the City, and nothing in the agreement 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; suspend
or discharge employees for proper cause; maintain the efficiency
of governmental operations; relieve employees for 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 7t
MOU Between the City Of El w7eg,znCzc, and IA�,F Lc;cz�1 -368�
TO 9% i 0 j'1 3
Amended iii t ,° Uni
1
and personnel by which the operations are to be carried out
within the scope of representation.
Section 1.04 SAVINGS CLAUSE
1. If any provision or the application of any provision of this
Memorandum as implemented should be rendered or declared r fvaany
by any final court action or decree, or by
preemptive legislation, the remaining sections of this Memorandum
shall remain in force and effect for the duration of said
Memorandum.
Section 1.05 NO STRIKE CLAUSE
California Labor Code Section 1962 provides that firefighters
shall not have the right to strike, or to recognize a picket line
of a labor organization while in the course of the performance of
their official duties. Therefore, and irrespective of the term
or existence of any ndacknowledge s that such o activitye is
regulations, the parties
unlawful.
Additionally, any other job action, including but not limited to
slow downs, speed ups, "sick outs" and other activity ctuallyaor
potentially having a negative impact upon the public
welfare, is deemed illegal and is prohibited, irrespective of the
term or existence of any Memorandum of Understanding e.g. see
t of Santa Ana v. Santa Ana Police Benevolent Associatio
Ci989) 207 Ca.App. rd 1568, 255 Cal.Rptr. 688 re ardin gp c
(1
safety organization "sick outs ")
1
2.
Section 1.06 MAINTENANCE OF EXISTING BENEFITS
1. The Memorandum of Understanding contains all of the covenants,
stipulations and provisions agreed upon by the parties. It is
understood that all items relating to employee wages, hours and
other terms and conditions of employment not covered in this
Memorandum of Understanding are covered by existing ordinances,
resolutions, policies, and practices of the City, as well as the
Personnel Rules and Regulations presently in effect. Therefore,
for the life of this agreement, neither party shall be compelled
et
to meet and confer with the other concerning any mandatory o meet
and confer issues whether specifically discussed prior
execution of this agreement or which may have been omitted in the
discussions which led up to the execution of this agreement,
except as provided in this agreement or by mutual agreement of
parties.
2. Nothing herein prevents the City and Union from meeting and
consulting on the City's Personnel Rules and Regulations, mwhich
are within the scope of representation. However,
agreement of both the City and Union are required to effect any
change.
Section 1.07 NON - DISCRIMINATION CLAUSE
1. The Union and the City recognize and agree to protect the rights
of all employees to join and /or participate in the protected
Union activities or to refrain from joining or participating in
MDU Between the City of El _, Ee lttrldv and IAFF Loc aI 3682
2
10;!1;:'71 7'0
1 '7
U
Amended X /XX;' .1 : C'j- _ ._
:r _nion
protected activities in accordance with Government Code Sections
3500 through 3510.
the Union agree that they shall not illegally color, sex,
and
2. The City because of race,
discriminate against any employee inions or
a political or religious
age, national origin, op
affiliations and shall for callaemployeeselyThe C ty andlthe Union
employee opportunities ur ose of
shall reopen any provision of this agreement for the p p or
complying with any final order of a Federal or State modification agency or
court of competent jurisdiction requiring
change f any provision or provisions of this agreement dealing
with State or Federal anti - discrimination laws.
Section 1.08 NOTICE TO MEET AND CONFER
Except in cases of emergency as provided in Government Code
public agency, and
Section 3504.5, the governing body of a p such governing
boards and commissions designated by law or by
body, shall give reasonable written notice to each recognized ordinance, rule,
employee organization affected of any
resolution, or regulation directly relating be to matters
by the
the scope of representation proposed
ll give
governing body or such boards and Comm ission
ortunit Kato meet
such recognized employee organization the opp Y
with the governing body or such boards and commissions.
In cases of emergency when the governing body or such boards or
commissions determine that an ordinance, rule prior notioce or
regulation must be adopted immediately without P governing
meeting with a recognized employee organizat rovide hsuch notice
body or such boards, and commissions shall pro time
and opportunity to meet at the earliest p
following the adoption of such ordinance, rule, resolution, or
regulation.
1.
2
ARTICLE 2 - SALARIES
Section 2.01 SALARIES
1. Effective October 14, 2008, the past practice of "compounding" base
ly
salaries shall terminate, whereby base salaries were
percent soy
supplemented and increased in amounts determined by
incentives /special compensation pay.
2. Effective October 14, 2008, the base salary of each affected employee
shall be increased by 3.75 %.
3. Effective the first payroll period commencing on or after July 1, 2009,
the base salary of each affected employee shall be increased by 3.75 %.
4. Effective the first payroll period commencing on or after July 1, 2010,
the base salary of each affected employee shall be increased by 3.75 %.
5. Attached to this Memorandum of Understanding as Exhibit 1, and
actual co computation of basefsalaries as as reflected by the above provisions
actual p
of this Section 2.01. Exhibit 1 consists of a document entitle
"Schedule 1."
Section 2.02 SCHEDULE OF CLASSES BY SERIES
3
MOU Between the C_ ter cad F.l F_ to d 3_AF'�' Local 3682 TO 9,13,01`11
Amended X,!X xi � 1 : city, —
1. The following respective
assigned to the following
the City, hereinafter set
range numbers are hereby allocated and
respective positions in the service of
forth:
Firefighter 483 Steps A - F
Engineer 497 Steps A - E
Captain 510 Steps A - E
Section 2.03 SALARY SCHEDULE CALCULATION METHODOLOGY
•
1. The methodology
used in computing adjustments i monthly salary
n
shall be as follows:
2. Adjustments are to be computed from the e amount shown
step A through
salary columns, step A through F of Rang
E of Ranges 497 and 510 of the Base Salary Schedule. First
subtract from each cordance with sections o16.04 and e6.05, and then
step the flat incorporated in a adjustment.
multiply each step by the per
of the new salary adj
Once all of the salary steps have been computed, each salary
figure shall be rounded off to two (2) decimal places,
6.04 and
flat dollar enhance me
step d this will llcomprise the onew
will be added to each p an will be calculated by
base salary schedule. Taxable pay PE to er ent system
subtracting the Public Employee picked et b e the employerinsaccopdance
paid member contribution p up Y which is
(
with Internal o Revenue Code Section
re regular Irate ( o)f, pay) Hourly
calculated at 90 of the resulting gmultiplying the respective
rates for each step are plus applicable cable incentives (regular rate of
unrounded salary step p PP two thousand nine
pay) by twelve (12) and then divodfnhe b result to the nearest
hundred twelve (2,912) and rounding
two (2) decimal places.
Section 2.04 REGULAR RATE OF PAY
1. This MOU periodically refers to the "regular rate of pay." The
"regular rate of Pa yff is defined in 29 CFR § 778.108 et. seq.
The "definition" used in this MOU is for general reference and
does not override the specific definitions set forth in the FLSA.
Therefore, as used in this MOU, the "regular rate of pay" is the
remuneration paid to or on behalf of the employee excelfnot
travel expenses, other reimbursable expenses, payments
mandated by the MOU or other rules/ regulations, retirement and
insurance contributions by the City, overtime and holiday pay•
not intended to
These are examples only and Pp an all-inclusive
pay-if
of licable
definition of the "regular rate
MOU definitions
statutes /case law shall prevail over any
inconsistent with statues /case law.
City cif. E1 ecx'- tztc3ca and S'.AFF L7r_ai 3682 1''
MOU Between the y
10/1%11 1,c) 9,130,113
?n J_
n
Amended X11 ,/ C`a_ty - --
Section 2.05 BASE SALARY SCHEDULE -STEP ADVANCEMENT new
1. The advancement ne w
date
employee which o St b e
is established as n he day
employee's anniversary
immediately following satisfactory completion of his /her first
six months service; Steps B, C, D and E (F for Firefighters only)
in each h
contemplate one year's service below sland atthe
subject to the limitations of the paragraph
advancements there from
Firefighters only)ncontemplatesatcontinued shall be on the
employee; Step E (F until further advancement is indicated by
service in such step
reason of longevity.
2. If the employee's 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 annversary date falls in the
second week of the pay period, the effective date of the increase
will be the first day of the following pay period. An employee
in the fire service shall be presumed to merit an increase in pay
unless his or her current performance evaluation on file rates
Chief
him or her below standard
officer and employee n writing least
notifies the Person nel
ten days in advance of the scheduled inc Y asons. that
Ifthe employee's
in pay should be withheld, stating the
performance subsequently improves t spa sa isof factory
satisfa�ctory
pay will be granted
performance report.
Section 2.06 FIREFIGHTER COMPENSATION /PROBATIONARY PERIOD position of
1. Fire service employees shall be appointed to the ed
to
Firefighter and the compensated first six A(6) f months afromatheire date
of hire. They s
Firefighter s 3 for
be on probation robation during the first twelve (12)
months from their date of hire.
Section 2.07 CHANGE IN ANNIVERSARY DATE AND RANGE NUMBER
1. An employee advanced from one range to another, shall receive her
new anniversary date, which is the date of the chahge'Council
changes in salary, unless specifically directed by
or as provided y, the second paragraph of the Section herein
entitled "Base Schedule -Step Advancement romotions shall made in
erein change the anniver
system ordinance and the
sary date, except for p
accordance with the Personnel Merit y
Personnel Rules and Regulations. The City Council reserves change the
right at any time, and in its sole officcer discretion,
employee and to
range number assigned to any
determine the particular stspch officer nor emp oyee.hich is to be
thereafter assign
Section 2.08 SALARY PLACEMENT ON PROMOTION
1. In all cases where an employee is promoted to a classification
for which a higher rate of compensation is provided, then such
employee so promoted shall enter into such eforlsuch lhigher
at the lowest rate of compensa n t less than five percent of
classification which exceeds by
the base rate of the affected employee.
_5
MOU Between the City cat 'Z S : 7itnd .�i "�d TA.F.E' Loc a] X 68? 175 5 J
Amended X11.xXf7,1.
ervisors shall be paid a base rate not less tInnthethe
event
2. All sup subordinates of their su.
ate than any a e ual to or lower
higher base r
that a supervisor is paid a base rate of P Y q a sup ervisor's
than one of his /her subordinate's base rate, s exclusive
base rate shall be advanced tosubo d p subordinate's base pay range
which is next higher than any and special
of longevity pay, educational incentive pay,
assignment pay.
3. Any affected employee assigned to and performing the duties of a
paramedic and who is promoted, shall suffer no decrease y baselsalary
salary (pre - promotion base salary being measured by
paramedic bonus). This Section shall not apply to
plus any p salary decrease because of a
paramedics who suffer a aramedic program (as opposed to a
reassignment out of the p
promotion).
Section 2.09
1. Effective
garnished
one time
paycheck
Section 2.10
1. The City
Spending
Internal
GARNISHMENTS
July 1, 1989, employees whose City paychecks are
shall have caused to be deducted from their paycheck a
per occurrence set -up fee of $35 and $10 for every
in which their wages are garnished.
FLEXIBLE SPENDING ACCOUNT
ticipate in the Flexible
shall allow employees to par
Account pursuant to the terms and conditions of the
Revenue Code.
ARTICLE 3 - INCENTIVE COMPENSATION
Section 3.01 PARAMEDIC SPECIAL ASSIGNMENT PAY
1. Effective October 14, 2008, Paramedics shall be entitled to
receive special assignment pay as follows:
al
a.
While assigned o the
be
assignment pay
first year of paramedic service after
special assignment pay equal to fifteen
above base salary pursuant to Schedule 1, PM
trainee level, no paramedic specs
provided;
b. During the
accreditation,
percent (150)
level 2.
c. During the second
service, paramedic
percent (200) above
level 3.
year and following years of paramedic
special assignment pay equal to twenty
base salary pursuant to Schedule 1, PM
d. Paramedics working under any of
replace a firefighter position
- al to PM level 1 pursuant to
the staffing policies to
shall be compensated at pay
Schedule 1.
q the
*Trainee level is completed upon accreditation as a paramedic by
County of Los Angeles.
6
C�_ ty of E1 7ecr �nc�v itind TAFF Loc��1 3 58'7 1176
Mc)U Between the j
TO Uz71. on
Amended X /:X;'11.: City :_ - - -- - --
Section 3.02 _ARP
EDIC LICENSE INCENTIVE employees with a
ermanent sworn Departm
1, Effective not
14, 2008, P El Segundo Fire possess a
oOctober with the duties that P County
f two years paramedic
minimum to special assignment have Accreditation by amount set
assigned License and at the monthly
California Paramedic be compensated
of Los Angeles will
forth in Schedule 1 PM Level 1•
utilized on
incentive may be be used on
members qualifying aratushl These employees will
cial assignment
2. The assessment app in the special can be
paramedic for members nment paramedic
ambulances to cover special assig
rescue status when no
paramedic called in from off duty'
reasonably called in
aramedic can be reasonably
when no special assig
nment P rocedure will be used.
following P
from off duty, then the ove the
a rescue ambulance, m
occurs °n from the assessment apparatus
a. If the opening paramedic
special assignment p
to the rescue ambulance- Captain to
Engineer °Y titer (the
on -duty qualified paramedic a Firefig
b. Move an apparatus and hire back on operational
the assessment tt Battalion Chief will decide based
on -duty member would best be moved.)
need as to which on -duty
is no on paramedic Engineer or
c. If there for an -duty qualified p ualified
Captain, check availability who has sig off -duty q ned up and attempt
paramedic Engineer or Capwill be considered first then
to rehire (Engineers
Captains.)
then
h
qualified paramedic
d. If there are none hire anav °ff dutyt availability list,
attempt to
fora (Engineers will be force hired first
Engineer or Cap
before Captains.)
qualified paramedic Engineers or Captains can
e. If no off -duty q then a firefighter
reasonably be called in from off -duty,
will be force hired to fill the vacancy.
t
3. Members who have never been er and d/ seeknscertification or
decertified (no longer licensed) onsored by the City
recertification or licensure at the
recertification (licensure) will e sponsored ense including all fees
member's request. Certification,
other associated costs with the
shall be at the member's own time an exp provided by the
for testing, licensure and any not be
exception of continuing education currently P
EMS Educator. Educational reimbursement thel initial
City's required for to ee
provided for outside training q
or in situations where e City'smPNurse
recertification /licensure, rovided in -house by
did not attend classes provided resource. Once a member has in
Educator or other City a California Paramedic License and
his /her possession
Accreditation from Los Angeles County and makes those documents
7
MOU Between the Cit_V Of E1 Seg'U'11 � and IAF'F .focal 3682 117
I'C .9%3 0i .13
.Amended --
inspection by the City, they shall be compensated
available for provisions in this MOU.
as per pr Educator.
4. The City shall continue to provide an EMS
FIRE STAFF PREMIUM PAY who are
Section 3.03 uniformed personnel Suppression
14, 2008, outside of the
1. Effective
October 14 work a equal of pay to
Fire fire staff premTegupar rate of pay
assigned shall receive to ee s
Division 150) above the em-
percent Y
percent ( entitled.
which they are
Section 3.04 HAZARDOUS TERIALI FIRST RESPONDER OPERATIONAL
INCENTIVE PAY first
for possession of
o erational level -
1 Unit members will receive incentive pay
hazardous materials certification ( P f
responder)
operational level o
2008, pay for
certification (FRO) shall be at the
2. Effective October 14, FiAZ MAT.
hazardous material
monthly amount set forth in Schedule 1,
Section 3.05 LIGHT -DUTY PAY because of a
to light duty
employee is assigned she /he shall be paid
assignment without regard to
1
When
emporary physical disability or condition,
at the rate ofdher/his nlemal duty
the temporary Y
FIRE INVESTIGATOR PREMIUM PAY
Section 3.06
investigators (also
1. The assignment of cause and origin/arson
"fire investigators ") shall be created with the
described as designated by the Fire Chief.
assignment requirements being assignment shall receive a
ees selected to serve in this stipend commence with the
Employ end. The stip completed
$50.00 per month stip successfully erform
to ee providing evidence of having
emp Y and qualification to be certified to p
mandated training assignment.
the duties of the
Section 3.07 TILLER PREMIUM PAY
erational a TRACTOR / TRAILER TILLER operate
1. If the City makes op special training
agree to participate in sp provided by the City
Personnel This training will be p the
said equipment. shifts. Personnel certified st Pend
during their regular duty
City to operate said equipment shall receive a monthly
of $50.00.
}+ DRIVER'S LICENSE PREMIUM PAY
Section 3.08 who
Engineer or not,
whether in the rank of Eng aid a $50 /month
1. All employees, Class "A„ Driver's License will be paid (inclusive
possess a end for EMT /Class
stipend in addition to the stipend
L, �'c "U11 and 1IAFF rcoal 368?
MOU Between the "� t v `o l
Amended n _ ' l 1_ : C1. t �' ___
Unj on_
1178
with the
iiiiiiiiiiiiiillllllwolllllillillillillilllllllIIIIIIIIIIIIIIIIIIIIIIililI
will commenc employee of
This stipend by the Motor
and submission ay who
of who
PERS retireme equipment to California D all employees a
of of pursuant 2011, possess the 1, who p
purcha of the license January license or firefighter
proof effective „An driver's with a
changes 1 Class license "A,, vehicle by
Vehicle Commercial a class a /month
11
possess a ..C„ driver's operate be paid
Class ualified to p will
California and are q standards,
End
endorsement
do Fire Department (i e ,
means
and the Class C
stipend• the training a
rovide 11 qualified to operate
2. The City to lob Pr the endorsement �S not to provide
equipment) elects license, the
W1 a firefighter the City red and
license In the obtain the shall dropped the
class "A„ vehicle . to be
or means license eligible for
the training the respective remain the said
employees shall again provides
requirement for the City
otherwise qualified time as
stipend until such
training and means.
Section 3.09
REQUESTING INCENTIVE COMPENSATIO ensation shall make a
comp (NOTE:
1, Members eligible to
request in writing
through an approved
Personnel Officer.
necessary proof of
outlined below:
receive incentive Compensation artment
in order to receive such the Fire Dep the
through channelsrovide copies of
form he also p
They shall incentive as
their eligibility to receive the
Incentive Com ensation nment pay.
Paramedic special ass'g
Paramedic license incentive:
Hazardous Materials FRO
incentive:
Educational Programs -Class A & B
CDL:
Educational Program - EMT -D:
Educational Program - Units.
Educational Program -
Certificate:
Educational Program - Degrees
Re wired Proof license and
Accreditation, County of Los
certification by
Angeles and State of California
as a Paramedic.
Accreditation,
certification b license and
y County d Los
Angeles and State of California
as a Paramedic.
California State certification as
a Hazardous Materials First
Responder Operational Level
with weapons of Mass Destruction
component.
Valid and current California
Class B license and medical
certification.
A current EMT -D certification
Official or unofficial transcript
listing required units.
Certificate, or official or
unofficial transcript listing
certificate earned.
Diploma, or official or
unofficial transcript listing
degree earned.
HM -FRO,
In addition,
members must provide proof of renewal
for incentive items that are renewed (Paramedic,
and EMT -D,) rovided proof of
Class A & B CDL, expiration of the last p iration will
prior to the date of exp provide proof prior to the exp retroactive
eligibility. Failure to p ensation,
expiration. The employee can have the incentive
result in the loss of the effected incentive com
back to the date of
MOU Between the Cit1' cif El Seg,111cc 13 and IAF.� Local 3682
10 /i /jl_ Tti.
Amen
1'r �
of
following provision the
payroll period be retroactive to
incentive item as
in the first P tatement shall
pay ref eligibility•
The reins for an
of the qualifications
proof member met eligibility.
date the the proof of
indicated in pgOGRP•MS
ARTICLE 4 - EDUCATIONAL
INCENTIVE pp'Y
Section 4.01
ears of
14, 2008 more y a
October Employees with two or
EFFECTIVE Department and possessin who
Segundo Fire Driver's Licenser with a
1• with the E1 s license
" C driver` a Class
service Class B operate
valid Commercial Class ualified to P and
a Californiaand who are q Department Standards 9
P, endorsement Fire "
firefighte, by El Segundo EMT -D certification
, %Bit vehicle a valid shall be
possessing Accreditation
County Paramedic 50 00.
Los Angeles amount of $
or the monthly incentive
compensated in educatioforth in the
14, 2008, additioan d as set into
October be as follows and incorporated
2• Effective shall 1, attached
compensation schedule
applicable range in
as Exhibit 1• of twenty
this MOU completion and two
Certificate or successful Science -
courses in Fire Department
a Fire Science e level E1 $egundo Fire
units of co lleg with the
years of service sire Units;
pursuant to Schedule 1, least twenty units in Fire
Degree with at with the E1 Segundo Fire
b. Ass and
Arts 5 yeas of service AA Degree;
Science to Schedule 1,
Department - pursuant political
in Public Administration, approved
Bachelor's Degree or other major course of study P he E1
C. Chemistry 10 years of service with BA
Science, Chief and to Schedule 1,
by the Fire Department - pursuant
Segundo Fire
political
Degree; in Public Administration, a roved
d Master's Degree or other major course of study PP
Science, Chemistry ears of services with the E1
artment - pursuant to Schedule 1, MA
by the Fire Chief and 15 y
Segundo Fire Dep
Degree.
shall not be cumulative.
e. The above amounts
Section 4.02 ELIGIBILITY he /she
in a major course of study, the
1, Prior to an employee engaging
roval from the Fire Chief or
specific type of College Degree to guarantee
must receive written approval provided herein. Each
eligibility of the sp a shall
his /her eligibility for incentive pay as p
employee who qualifies for educational incentive yment with for
eligible
during the course of his /her employment qualifying
remain elig following exceptions: After q
City, with the an employee shall cease to receive
educational incentive pays
r �.�' i tti of El Se Jo and IAFF Loyal 3 682 1
MOU Between
10/1/ 11 TO 9/X0/1 }
Amended X 1XX 111 : City ____
Una on
such pay during any time period that: the employee does not meet
the requirements for educational incentive pay; the employee is
suspended without pay; or the employee's most recent performance
evaluation is rated below standard or unsatisfactory. An
employee who has lost his /her eligibility to receive this
incentive under the terms stated above shall have their
incentive pay reinstated the first payroll period following
his /her re- qualification.
Section 4.03 CONTINUOUS TRAINING
1. The City currently provides the training and the means to
obtain the EMT -D certification and the Class "B" Restricted
Driver's License. In the event the City elects not to provide
the training or means to obtain the required certification or
license, the requirement for the respective certification or
license shall be dropped and otherwise qualified employees shall
remain eligible for educational incentive pay until such time as
the City again provides the said training and means.
ARTICLE 5 - LONGEVITY ACHIEVEMENT PAY
Section 5.01 TENURE AND COMPENSATION SCHEDULE
1. Effective October 14 2008, employees shall be compensated for
continuous City fire service longevity requirements as follows:
a. Upon completion of six and one -half years of service,
monthly payments pursuant to Schedule 1, "Long 6.5 Level
1"
b. Upon completion of thirteen years of service, monthly
payments pursuant to Schedule 1 "Long 13 Level 211;
C. Upon completion of nineteen and one -half years of service,
monthly payments pursuant to Schedule 1 "Long 19.5 Level
3 "•
d. Upon completion of twenty -six years of service, monthly
payments pursuant to Schedule 1 "Long 26 Level 411.
Section 5.02 ELIGIBILITY
1. After qualifying for longevity pay, an employee shall cease to
receive such pay during any time period that: the employee does
not meet the requirements for longevity pay; the employee is
suspended without pay; or the employee's most recent performance
evaluation is rated below standard or unsatisfactory. An
employee who has lost his /her eligibility to receive this
incentive under the terms stated above shall have their
incentive pay reinstated the first payroll period following
his /her re- qualification.
MOU Between the of E1 Se.gl�rlc�c+ and IAFF Focal 3682
11
Amended ,/ kru.;' ? 7 : C 1 t .- 12 c:,r
ARTICLE 6 - INSURANCE ACTIVE EMPLOYEES
Section 6.01 BASIC HEALTH AND MEDICAL INSURANCE
The City will consult with employees through the insurance
committee and consider all suggestions and presentations on the
types of insurance plan or plans to be purchased. The City
reserves the right to determine the insurance carrier with whom
the City will contract for coverage.
Section 6.02 OPTICAL INSURANCE PROVIDER
1. The optical insurance plan to be selected by the City will be
the Teamsters' proposed vision plan provided through Vision Care
Plan or a plan with similar benefits.
Section 6.03
HEALTH INSURANCE FORMULA
1. The monthly City -paid health insurance premium contributions for
medical /mental health insurance will be equal to the average
dollar cost of the premium for an employee and two (2) or more
dependents under the HMOs available to the employees under the
Public Employees' Medical and Hospital Care Program in the "Los
Angeles Area ", as that term is defined by Ca1PERS.
2. The Firefighters' Association has filed a January 2, 2009
grievance regarding the manner in which the City has implemented
Section 6.03 during the prior 2003 -08 MOU. Adoption of this
2008 -11 MOU shall not constitute a waiver by any party of any
position /defenses it may elect to assert in the pending
grievance /related litigation, nor is adoption of this MOU
evidence of support for the position that may be asserted by any
party to the grievance /related litigation.
Section 6.04
DENTAL, OPTICAL AND LIFE INSURANCE
1. Effective July 1, 2008 the City will add to each step of the
employee's base salary a flat dollar amount equal to 100% of the
premiums for the agreed upon dental, optical and life insurance
for employees and eligible dependents. This flat dollar amount
shall be adjusted yearly equal to 100 % of the new premiums and
added to base salaries prior to the first payroll period in
December. Any insurance premiums the employee becomes obligated
to pay will be deducted from the employee's paycheck and if
eligible through the City's established flex plan under section
125 of the Internal Revenue Code. Effective the benefit year
beginning January 1, 2012, the City will extend dental coverage
for dependants to the age of 26 as is the current practice for
medical insurance.
Section 6.05 LONG -TERM DISABILITY INSURANCE
The City will pay on behalf of each qualifying employee 100% of
premiums for California Association of Professional Firefighters
group Long -Term Disability Insurance. These payments shall be
reported to the taxing authorities as ordinary income of the
employees.
MOU Between the City of Fl and IAFF Local 3682 182
10/1/11 TO 9/30,113
Amended x/X.X, 11: CitZ t'ni(-)n - -- --
12
2. An employee who has qualified for Long -Term Disability as a
result of an injury or illness shall be required to implement a
50/50 integration benefit (50% of the available LTD benefit
being funded by any and all accrued leaves) under the LTD Plan
after their FMLA time expires. This 50/50 option will continue
until the employee returns to duty, terminates employment, or
exhausts all accrued Leaves. During use of the integration
ins benefit nce andsretirementtpayments continue
if ethe employee ewere medical
not on
ins
ura
Leave.
3. Employees of the Firefighters Bargaining Unit may participate in
the City's Catastrophic Leave Program. Members on Long -Term
Disability Leave, upon exhausting all accrued leaves, will be
considered for the use of the City's Catastrophic Leave Program.
Section 6.06 CATASTROPHIC LEAVE PROGRAM
The Catastrophic Leave Program is as follows:
a. 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.
b. 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.
C. Procedures
There is established a joint - employer /employee committee
composed of an individual from each recognized employee
organization and a representative of City Administration charged
with administering the Catastrophic Leave Bank.
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.
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.
Employees must, at the time of donation, have a minimum of one
hundred anel "`" "i0;(100)hours of accumulated illness /injury
leave remaining after a donation has been made.
5. 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
13
MOU Between the t:ity of E1 ar�Id Z-AFF Local 3682 � 0 �
10, 1,111 TO
Amended _X /XX /l l :
Leave Bank to be administered by the committee and utilized for
the next catastrophic leave situation.
Section 6.07 LONG TERM CARE GROUP INSURANCE
1. Effective July 1, 2003 the City will pay on behalf of each
ation
qualifying employee 100% of premiums for Term CarelRider
of Professional Firefighters Supp lemental
Composite Plan.
Section 6.08 MEDICAL INSURANCE CONTRIBUTION - ON DUTY DEATH
If it is determined by the Workers' Compensation Appeals Board
that an
and /or the Public Employees' Retirement proximate result of
Association member has died as a direct and
the performance of duties in the course and scope l continue to make group of medical
employment, then the City shal
insurance premium payments on behalf of the surviving spouse
until age 65, Medicare eligibility, whichever comes first, and to
the children of the deceased member until age 18. Said medical
premium payments on behalf of the children of a deceased member
shall continue if enrollment, at e 18, exceed the agemofc23 uninterrupted
college
The City -paid medical insurance premiums described herein shall
be in an amount required to fund the level of medical insurance
benefits, which the deceased member was receiving at the time of
his /her death. For example, if at the time of death, he member
the
payments
was enrolled in a specific HMO Plan,
made pursuant to this Section shall be in an amount required to
maintain comparable plan benefits.
2.
Section 6.09 MAXIMUM CITY
FUNDING
OF ACTIVE EMPLOYEE /RETIREE
Effective October 1, 2011, the cumulative monthly City- funding of
any PERS medical insurance plans for active employees and /or
retirees, shall not exceed $1600.00 per month.
Section 6.10 REOPEN ON HEALTH CARE PROVIDER
1. During the term of this agreement, either party may reopen the
contract in order to consider alternatives to the ePERS medical at
plan. The City agrees that it will only prop plans
provide for a cost - effective, comprehensive medical package for
employees and their families (i.e., provides comparable benefits
to current plan including portability). There will be no change
in insurance plans prior to the January 2010 plan year without
agreement of the parties.
ARTICLE 7 - INSURANCE RETIRED EMPLOYEES
Section 7.01 CITY SPONSORED MEDICAL INSURANCE PLANS
1. The City will pay 100% of the premium for the agreed upon health
insurance, under the City's insurance plans, for retired
employees and eligible dependents, to the maximum dollar amount
being equal to the contribution made for current employees with
coverage which is the same as that of the retiree.
MOU Between the City Of F,1 c2gjjlido and TAF.F Lcca_I 3682
1(211; ji T'.;
2_i Oil
Aended / KY/ 1.1 : ��_ t ;?
m .X _ -. —.
184
14
Section 7.02 OTHER MEDICAL INSURANCE PLANS
shall contribute up to $120.00 per month to employees
1. The City of the City of E1
who service retire while under the employ
Segundo toward any medical insurance coverage which the retiree
select for himself or herself if the selected medical
should
coverage is not provided under the City's insurance
Retirees with non -City medical coverage shall submit p roof of
their annual coverage year time during ea and for the me City itywill uissue them taereimbursement
check. Partial year coverage shall be comp ensated on a pro -rated
basis.
2. The above limitation shall not apply for retirees who retired
before December 1989 and in December 1989 were not receiving a
City contribution to medical $insurance. The monthly limitation
for such employees
Section 7.03 ELIGIBILITY RETIREE MEDICAL INSURANCE
1. Effective July 1, 1989, employees shall have a minimum of five
(5) years of City service as a prerequisite to receive from the and
City service retiree in medical
the City, sangrouponinsbrance s plans
continued participation
except as may be mandated by law (e.g., COBRA).
ARTICLE 8 - SICK LEAVE
Section 8.01 SICK LEAVE ACCRUAL
ick leave at the rate of
1. Permanent employees shall accumulate s
one eight -hour day accumulation for each month's service not to
exceed a maximum firefighter, 1056 hours. Members of
p aramedic, the Fire
engineer, Service in
the positions of firefig
g
captain who work shifts shall accumulate sick leave at the rate
ca
ca ulation for each month's service,
of one twelve -hour day accum
not to exceed a maximum of 1584 hours. Sick leave shall be
from date of hire.
available for immediate use beginning
Section 8.02 SICK LEAVE USAGE FOR FAMILY CARE
1 . Affected employees are eligible to utilize maximum
ale calendar year i order
days (three shifts) of sick leave p
that care may be provided to immediate family members suffering
from illness or injury. The City shall require each affected
employee utilizing sick leave for said purpose to provide in
writing a sworn statement evidencing the facts justifying the
use of sick leave in this regard in compliance with the
California Family Rights Act, Labor Code Section 233.
Section 8.03 SICK LEAVE PAY UPON SEPARATION
1. Upon separation from service of an employee, the City shall pay
for the employee's unused sick leave accumulation according to
the following schedule at the same rate the employee would have pp 15
MOU Between the City of E1_ s c t.t37c�c7 and IAF'F Local. 3682 105
-
AMended
received had he /she used the benefit to receive full pay while
absent on the date of the cash -out payment:
a. 50% after ten (10) years of service.
b. 90% after twenty (20) years of service.
2. Employees with 25 years or more of City service who have years ched
age 47 or more may, in to each of of their unused sick
employment, cash out up maintain a 120 hour
leave up to a maximum of 90% as long as they
post distribution balance during employment. The cash out is
limited to one time per calendar year with the exception of the
final 1/3 cash out to be made on separation. The first two
payments are limited to the maximum dollar value of deferred
compensation "catch up" permitted by law for the calendar year
in which the cash out is received. eater than that permitted above�yee
cash -out a cumulative total g
Section 8.04 SICK LEAVE PAY UPON DISABILITY RETIREMENT
of a disability
Employees separating from service
sebviceSe will be compensated
retirement, after five (5) y ears
at 90% of the employee's accumulated, unused sick leave at the
same rate the employees would wh ler absent ond the / s
date of the
benefits to receive full pay
cash -out payment.
1.
Section 8.05 SICK LEAVE PAY UPON DEATH
1. Employees who die while under the employ of the City will
receive 75% of their accrued unused sick leave. Benefits shall
be paid to employee's beneficiaries and /or estate at the
"regular rate of pay ".
Section 8.06 ANNUAL PAYMENT FOR HOURS OVER MAXIMUM
1. On the first day of December of each year, employees who
maintain a balance of 1056 hours (Firefighters assigned to fire
at
suppression, 1584 hours) of Sick fo� ave accrual she1l be ck Leave
the "regular rate of pay" preceding twelve -month
accumulated and not used durin g the p g
period. Payment shall be made on or before December 10.
ARTICLE 9 - VACATION LEAVE
Section 9.01 VACATION ACCRUAL 40 -HOUR WORK WEEK
1. Members of the Union who work 40 hours a wkshall
two mulare
vacation time not to exceed the total aggregate
accumulation in accordance with the following schedule:
a. Twelve (12) working days per year with full salary for the
first seven years of continuous service with the City;
b. Eighteen (18) working days per year with full salary after
seven (7) years and until the completion of fourteen years
of continuous service;
MOU Between the City of E1 ac7�1 ��_�� and' TAFF Local 3682
Amended X /X�� /1.1 : C'_i tv___ —
?rz 1 on.
18616
c. Twenty -four (24) working days per year with full salary
after fourteen (14) years of continuous service.
Section 9.02 VACATION ACCRUAL 24 -HOUR SHIFT
1. Employees who work on a shift basis shall accumulate vacation
time not to exceed the total aggregate of two years accumulation
in accordance with the following schedule:
a. Six (6) shifts per year with full salary for the first
seven (7) years of continuous service with the City.
b ande until the per completion h f llfourteen after (14) seven years
years of
continuous service.
c. Twelve (12) shifts per year with full salary after fourteen
(14) years of continuous service.
Section 9.03 VACATION ELIGIBILITY
1. One (1) captain, one (1) engineer, one (1) paramedic and one (1)
firefighter per shift shall be granted vacation leave upon
approved application being made and consistent with the needs of
the Department. When the Fii-e G iather t e e=
Effective October 1, 2011, the use of
unsecured vacation shall be allowed, as provided by the rehire
policy, more than one member in a rank per shift will be able to
use accrued vacation time.
2. Vacation leaves may be taken only after an employee has
completed one year's continuous service with the City.
Section 9.04 VACATION BUY BACK
1. Each affected employee shall be provided the option of
converting one hundred percent (100 %) of annual accrued vacation
leave to cash, at the regular rate of pay of pay existing at the
time of distribution, during one (1) calendar year pay period as
selected at the discretion of the employee. During the term of
this MOU only, no vacation buy back will be allowed.
Section 9.05
VACATION ACCRUAL ON IOD
1. An employee on a City approved industrial disability leave may
exceed his /her maximum vacation accrual by 50% of his /her annual
vacation leave. (Example: employee on IOD with 288 hours accrued
vacation may accrue an additional 72 hours, i.e. 50% of his 144
annual accrual).
Section 9.06
PROMOTION AND TRANSFER ELIGIBILITY
MOU Between the (-it- of E1 SF° zxic� ��nru 1AF.E' Local 3682 187
17
7Cj1 /11 TO g"130113
Amended _X, XY/'11 : C..i t - _. una on
1. Vacations shall be honored with respect to all transfers even if
that vacation period has already been taken by another member. In
addition, vacations shall be honored with respect to promotions,
however this is contingent on volunteer members being available to
work. Vacations honored under this provision that allow two members
to be on vacation during the same period shall not be available to
other members should the transferred or promoted member cancel said
vacation period.
Section 9.07 PAYOUT ON TERMINATION
1. 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.
Section 9.08 EMERGENCY USE
1. For personal emergencies, that is, a serious illness of an
"immediate family" member of the employee or the employee's
spouse and for cases of extreme and unusual hardship of an
emergency nature, employees, upon request, shall be entitled to
utilize accumulated vacation leave or compensatory time -off, for
which prior notification is required; however, in certain
instances notification requirements may be waived.
Section 9.09 Limited Use Time
1 Current Limited use off time may to be used in the same manner as
vacation time and may result in an overtime. All El Segundo Fire
Association Limited Use Time banks must be exhausted by September
30, 2012.
ARTICLE 10 - OVERTIME
Section 10.01 GENERAL
1. Effective July 1, 2006
a. All of the members of the Fire Department shall be subject to
call for service at any time.
b. All employees working a 182 hour /24 day work period shall receive
premium overtime compensation at the rate of one and one -half
(1.5) times their "regular rate of pay," for all time worked or
regarded as having been worked because of a paid leave of absence
in excess of their daily work shift or in excess of 182 hours in
a 24 day work period. This MOU periodically refers to the
"regular rate of pay." The "regular rate of pay" is defined in 29
CFR § 778.108 et. seq.
c. All employees working a 40 hour /7 -day work period, a 9/80 or
other modified 40 hour schedule shall receive premium overtime
compensation at the rate of one and one -half (1.5) times their
regular rate of pay for all time worked or regarded as having
been worked because of a paid leave of absence in excess of
their daily work shift or in excess of 40 hours in a 7 -day work
period.
MOU Between the City of El �eq�.zndo and -TAFF Local 3682
10 /1/11 TO 9/30/13
Amended X,/XX/1 1 : C.z t yr ra ' cn
F
18
Section 10.02 OVERTIME UNDER FLSA
1. Effective July 1, 2006
a. The City shall compensate personnel who d temporarily work an per
hour day at their regular rate of pay base
week work schedule. The employee's hourly rate shall be
modified to a 40 -hour per week rate if the Fire Chief reassigns
the employee to that shift for an extended term.
Section 10.03 RECALL /FORCED HIRE COMPENSATION
1. Effective July 1, 2006
a. Employees subject to recall shall be paid a minimum of four (4)
hours at time and one -half. Employees subject to forced rehire
shall be paid a minimum of four (4) hours at time and one -half.
The Battalion Chief will release a recalled/ rehired suppression
employee when there is no circumstance justifying a hold -over of
the person or whenever scheduling does not justify a hold -over
of the person.
ARTICLE 11 - DEFERRED COMPENSATION PROGRAM
Section 11.01 ELIGIBILITY / PROGRAM ADMINISTRATOR
1. Union members are eligible to participate in the City's approved
deferred compensation programs. The contributions made to this
program shall be borne solely by the employee (i.e. no City
contributions). In the event the City contemplates changing the
program administrator, the City will first consult with the
Union.
Section 11.02 DEFERRED COMPENSATION MATCHING FUNDS
1. Effective July 1, 2007 the City shall match contributions made
by the employee to the City's Deferred Compensation Plan
established under Section 457 of the Internal Revenue Code to a
maximum of 5% of the employee's regular rate of pay. The City
shall deposit the matching funds on behalf of the employee into
the City's Deferred Compensation Plan established under section
401(a) of the Internal Revenue Code on or before December 10 of
each year. The matching contribution shall be based on the
contributions made by the employee to the 457 plan for the
calendar year. For fiscal years ending in 2011, and 2012 only,
the city shall make no contributions to the employees 401A,
deferred compensation account. The City shall re- implement the
deferred compensation plan starting January 1, 2013.
ARTICLE 12 - RETIREMENT - PERS
Section 12.01
THREE PERCENT AT FIFTY -FIVE
1. All sworn firefighting employees currently represented by the
Union who are safety members of PERS shall have their retirement
benefits calculated pursuant to the three percent (3 %) at age 55
MOU Between the City c >f E',] .,eg'zndo and TAF'F' Local 3682
1C),/1,/11 TO �:,/3 '/'13
Amended x /:fX/ i C.i t r
19
formula set forthineachtsuch2employee the
shall be oentitledetomthe
Code. In addition, to receive
Level 3 Survivors '
m li tary sserva cen in lacccordanceC with Section
credit for p
21024 of the California Government Code.
Section 12.02 SURVIVORS BENEFIT
1. The City of E1 Segundo has modified its PERS contract to provide
level four survivors benefit for unit members.
2. As soon as practicable, the City shall modify its PERS contract
to provide for the Government Code § 21548 PRE - RETIREMENT OPTION
2W DEATH BENEFIT.
Section 12.03 RETIREMENT FORMULA
1. Employees shall their
accordance Section 20042 calculated of the California
highest year in
Government Code.
Section 12.04 PERS PAYMENT PICK -UP
1. The employees shall pay their required nine percent (9%)
contribution to PERS. In accordance with Resolution o. 4497 The
City shall pick -up this nine percent ercent(9 %) member
that while employees pay their own nine p
contribution, the City shall treat this contribution
employer
sha-I! he contribution for purposes of employee
rnal federal
Revenue state Code(IRC)
tax withholding as authorized by n
Section 414 (h) (2) .
2. The City's pick -up of the contribution shall be limited to pick-up
percentags shall not re occur without eSmutual thagreement of the
percentage
parties.
Section 12.05 PERS "COST- SHARING"
1, Effective as soon as is reasonably possible, the City shall
amend its contract with PERS to provide for a Government Code
§ 20516(a) authorized sharing by sworn (safety) members of the
unit of representation of the cost of optional retirement
n with the contract swrn
benefits. In conjunctioipate in cost sharing amendment,
ont ibuting
unit members shall participate y
three percent (3%) of compensation earnable as of October 1,
2011 toward the cost of optional benefits elected by the City
on or after January 1, 1979. This member contribution shall
butions over and above normal contributions
be normal contri by
otherwise) n q to he extent
contributions by statuteeated as normal
contribut
2. The parties also acknowledge that implementing the above
Government Code §20516(a) PERS r ct amendmentsis as to unit members will entail the passage
of time. Therefore, the parties further agree that for the
period retroactive to the adoption date of this MOU, through
and including the effective date of a Government Code §
20516(a) PERS contract amendment, this MOU shall reflect the
parties' agreement to utilize Government Code § 20516(f) to 20
MOU Between the Cj tyr of El Sec,u °z�3o < nc ..GAFF Local 3682 J O
10% i /il TO
Amended X /XX, /11: City__ —
rn i on
effectuate an interim agreement which shall provide that
effective retroactive to the adoption of the date of this MOU,
sworn unit members shall participate in PERS cost sharing by
contributing three percent (3%) of compensation earnable as of
October 1, 2011 toward the current service cost of benefits.
Prior to the effective date of the above described Government
Code § 20516(a) PERS contract amendment, such employee cost -
sharing shall, to the extent authorized by the IRS and /or
Franchise Tax Board, be implemented through pre -tax payroll
deductions in the manner contemplated by Government Code §
20516(f).
The parties understand, agree and acknowledge that
implementation of a Government Code § 20516(a) PERS contract
amendment regarding "local fire safety" employees is
contingent upon all "local fire safety" employees in the City
being concurrently subject to the contract amendment.
Therefore, if all "local fire safety" employees not
represented by the Association do not agree to the Government
Code § 20516(a) method of cost - sharing, then the cost - sharing
for the unit members shall continue to be effectuated by the
Government Code § 20516(f) method of implementing cost -
sharing.
This provision shall terminate upon the expiration of this
MOU, at which time the cost - sharing arrangement will be
discontinued unless the parties mutually agree otherwise.
Section 13.01
ARTICLE 13 - UNIFORM AND SAFETY EQUIPMENT
UNIFORM MAINTENANCE PROGRAM
Each newly hired employee within a represented classification
shall be provided at City cost, with three (3) complete
uniforms. A "complete" uniform shall be defined as including
required badges, patches, shirts, pants, boots, jackets, jacket
liner, belt, tie, tie clip, hat, hat piece, collar piece, name
tags and buckles. Further, the City shall at its own cost
replace items fitting within the aforesaid uniform description
where such items are rendered unserviceable through normal wear
and tear. If boots can be re -soled without negatively impacting
integrity of the boot, then replacement will not occur. The
determination of the Fire Chief as to uniform items being
replaced consistent with this section shall be final and binding
and shall not be subject to a grievance procedure or to judicial
review.
2. Additionally, each member of a represented classification shall
be provided with an annual uniform maintenance allowance of
$325, distributed quarterly on a prorated basis.
Section 13.02 CAL OSHA /FED OSHA UNIFORM REQUIREMENTS
In the event that Cal OSHA, Federal OSHA or an equivalent body
changes the uniform requirements for unit employees, the City
shall provide or pay the cost of the newly mandated item(s) up
to 2 uniforms and 1 pair of shoes per employee.
MOU Between the City of E1 and IAFE' Local 3682 21
10/'1;'1_l TO 0 ''.: :: 19
.Amended /_YX /f 1 1 : C_i t y' -- Union
Section 13.03
DEPARTMENT UNIFORM OFFICER
1. The duties of the Department Uniform Officer may be assigned in
the Firefighters' bargaining unit. The assigned personnel will
manage the purchase, replacement and distribution of uniforms
and turnout gear.
ARTICLE 14 - BEREAVEMENT LEAVE
Section 14.01 GENERAL
1. A maximum of four (4) days (which shall be defined as two (2)
shifts or 48 hours) paid bereavement leave per incident of death
in the immediate family is provided separate and distinct from
sick or other leave benefits. "Immediate family" shall be
defined as spouse, child, mother, father, grandparents or
sibling.
Section 14.02 USE OF OTHER LEAVES
1. No other emergency leave shall be provided, except as outlined
in Sections 8.02 and 9.10.
Section 14.03 DOCUMENTATION
1. Members who use bereavement leave or emergency leave shall be
required to write a fire department correspondence through
channels to the Fire Chief indicating the reason they requested
the leave. The Fire Chief shall sign the letter and include it
in the member's fire department personnel file.
ARTICLE 15 - COMPUTER LOAN PROGRAM
Section 15.01 GENERAL
1. Contingent upon the City determining that sufficient funds exist
for said purpose, provision to each affected employee of a
maximum of $4000 cumulative interest free loan to purchase
personal computer hardware and software. 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 that 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.
2. City shall 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. City is to be notified of any
exchange or updating of equipment.
3. "After- the - fact" financing is allowed only with prior approval
of the Director of Finance or his /her designee.
MOU Between the it-,,, of El egtindo and IAFi Local X58? � �� 22
Amended 11XX/11 ; C.i tyr rnion
Section 15.02 INITIAL LOAN
1. All participants to the loan program will be eligible for an
initial, interest free loan in the amount of $4,000 (four
thousand dollars). An employee with an outstanding balance on a
prior computer loan as of July 1, 1997, will have that amount
currently due from the previous loan subtracted from the amount
the employee can borrow interest free under this program.
Subsequent loans or amounts in excess of the above maximum
interest free loan, would be at an interest rate of 301. All
loans would include a 36 -month repayment term.
Section 15.03 ELIGIBLE PURCHASES
1. Eligible purchases shall be expanded to include ergonomic -
related furniture and equipment and anti -viral software shall be
required as a prerequisite in granting requested loans.
ARTICLE 16 - SAFETY COMMITTEE
Section 16.01 SELECTING MEMBERS
1. The Fire Department Safety Committee shall at a minimum consist
of one member from each suppression position: Battalion Chief,
Captain, Engineer, Firefighter /Paramedic, and Firefighter. Each
position shall select their volunteer representative. If there
are no volunteers, the Fire Chief may appoint a position
representative. Review of the representatives shall be made at
approximately 18 -month intervals, and /or at the request of the
committee at any time. In addition to being comprised of
suppression personnel, the Safety Committee shall also consist
of one member from the Fire Prevention Division and one member
from the Environmental Safety Division.
Section 16.02 PURPOSE
1. Using a proactive risk management approach, make recommendations
for abating unsafe conditions in order to prevent accidents and
improve safety in all department operations.
2. Review policies and procedures of the department as they pertain
to safety, and make recommendations for correction or change.
3. Review equipment, uniforms, and protective gear to assure their
quality as related to safety considerations.
4. Review accidents related to equipment, apparatus, and
facilities, as well as make recommendations regarding any
corrective measures needed to limit future occurrences.
S. Issue department safety bulletins at the direction and approval
of the Fire Chief.
6. All recommendations will be forwarded to the Fire Chief. He
will take any final actions, ensuring compliance with local
policies or ordinances, and /or any state or federal regulations.
MOU Between the City cif E1 Secxta�zdta and TAFF ��ca.l 3692
19 3 23
10/1/11 '1'O 9/'_, 01/1'13
Amended 1'XX /1 1.: Cz t", Union
Section 16.03 MEETINGS
1. The committee shall meet at the discretion of their selected
chairperson.
ARTICLE 17 - TRAINING REIMBURSEMENT
Section 17.01 PARAMEDIC TRAINING REIMBURSEMENT
1. Employees who participate in the Paramedic Training Program will
be required to reimburse the City, for the cost associated with
training paramedics upon voluntary separation from City service.
The rate of reimbursement is as follows:
a. Voluntary separation during the Paramedic Training Program
- 1000 of the City's expended costs for training.
Reimbursement is not required if the City receives credit
back from the training program.
b. Voluntary separation during the first year following state
certification as a paramedic - 100% of the City's expended
costs for training.
c. Voluntary separation during the second year following state
certification as a paramedic - 5011 of the City's expended
costs for training.
d. Voluntary separation during the third year, and thereafter,
following state certification as a paramedic - no
reimbursement.
2. The City's costs will be limited to the following:
a. Primary Paramedic Training.
b. State Accreditation Fee.
c. L.A. County Accreditation Fee.
Section 17.02
DEPARTMENT INSTRUCTOR TRAINING
1. Employees sent to training at City expense, for the purpose of
training and instructing members of the department in training
disciplines, shall commit to serve as a department instructor
f or a minimum of two ( 2 ) years. Any member who chooses not to
honor this commitment will be required to reimburse the City for
costs associated with the training according to the following
schedule:
a. Voluntary separation during the training program - 100% of
the City's expended costs for the training. Reimbursement
is not required if the City receives credit back from the
training program.
b. Voluntary separation from department instructor during the
first year following the training course (s) - 100 % of the
City's expended costs for the training.
r Zi�q ai3d TAFF Local 3682 24
MOU Between the City of E'1 ,SEC,r�� 1 (1�
1 J
Amended X/XXI/1 1: p i t y 1, L,Dn
.A
c. Voluntary separation from department instructor during the
second year following the training course(s) - 500 of the
City's expended costs for the training.
d. Voluntary separation during the third year, and thereafter,
following the training course(s) - no reimbursement.
e. Members who voluntarily separate from the City will be
exempted from this provision, unless the member leaves
within the first six (6) months after completion of the
training.
2. To determine reimbursement costs, the City's cost will be
limited to the following:
a. Fees for the course(s).
b. Travel, per diem and lodging expense.
Section 18.01
ARTICLE 18 - EDUCATIONAL REIMBURSEMENT
REIMBURSEMENT FOR COURSES
1. For unit employees hired after July 5, 1975, the City will pay
the employee $375 for each job related course (3 -unit semester
or 4 -unit quarter system) the employee completes at an
accredited college, university, or California State Fire Academy
accredited state or regional class taken during the employee's
non -work hours in which a minimum "C" grade is received in said
course. The employee is required to obtain the prior approval
of the Fire Chief. The maximum an employee can receive in any
calendar year period is $1,500.
2. During the term of this agreement, the parties shall confer
regarding designation of those California State Fire Academy
courses which shall result in eligibility for reimbursement.
The designation of classes shall include, but need not be
limited to those classes that previously have been approved.
Once the initial designation list has been compiled, the Fire
Chief shall first confer with Union representatives and shall
then be authorized to add newly designated courses which the
Fire Chief considers appropriate.
Section 18.02
REIMBURSEMENT FOR TUITION AND BOOKS
1. An additional benefit will be offered to employees hired after
July 5, 1975. Those employees will have the option of receiving
reimbursement for tuition and books as outlined below. (The
employee may select only one reimbursement option during a
calendar year)
a. The employee must submit a memo to the Fire Chief detailing
courses and the time frame required to obtain job- related
Associate or Bachelor degree at an accredited college or
university.
b. The employee must receive approval (prior to enrollment)
from the Fire Chief to receive reimbursement for tuition
and books. _
MOU Between tl�c Cite %f F'? 'cr; -r "j' ='a'lr TAF'F' c1 3682 1 J 25
Amended X /x_K / :1_Z :
c. Tuition and book reimbursement is not to exceed $2,000 for
each affected employee per calendar year.
d. Reimbursement requires obtaining a grade of "C" or higher,
and submission of appropriate receipts to the Fire Chief
and the Director of Administrative Services.
e. The Fire Chief or his /her designee shall keep a log of
employees requesting and receiving educational
reimbursement.
f. Employees must maintain an overall satisfactory department
evaluation to remain eligible for educational
reimbursement.
g. Once approval has been obtained the employee must meet the
criteria outlined above to receive the reimbursement.
Section 18.03
CITY REIMBURSEMENT AGREEMENT
1. Employees who participate in the Educational Reimbursement
Program will be required to sign the following agreement:
a. Educational Reimbursement - "I certify that I successfully
completed the course(s), receiving at least a grade of "C"
or better." (Attach copy of grade verification) "Further,
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, in accordance with the following
schedule."
Section 18.04 CITY REIMBURSEMENT SCHEDULE
1. Below is the reimbursement schedule for the full months worked
between course completion and resignation dates and the
percentage of the total reimbursement to be refunded to the
City.
1 1006
7
506
2 100%
8
40%
3 900
9
301
4 80%
10
206
5 70%
11
10%
6 60%
12
006
ARTICLE 19 - TEMPORARY APPOINTMENTS
Section 19.01 GENERAL
1
Where 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
196 a6
MOU Between the, City of El ���r�zr��o and I -AF'F Local 3682
Amended T, Xy, t l : C1_ t i,, 711 ZOO
present rate, whichever is higher. For the purpose of this
section, "appreciable period of time" is defined as ten
consecutive working days (eight working days if on Four /Ten
Plan) or longer.
Section 19.02
METHOD FOR FILLING VACANCIES
1. Rank for rank rehires shall be the standard method used for
filling vacancies with the exception of long term vacancies
expected to be longer than eight (8) weeks.
Section 19.03 GUIDELINES
1. Long -term vacancies (more than 8 weeks) may be filled with
provisional appointments made at the direction of the Fire
Chief. The following guidelines shall be used when considering
filling a vacancy by provisional appointment.
a. The Fire Department Personnel Officer (FDPO) shall obtain a
diagnosis in writing from the attending physician.
b. The FDPO will refer to the Medical Disability Advisor, 2nd
Edition, by Presley Reed, M.D., to assist in determining
the duration of the employee's absence. This would be the
average of the minimum and maximum expected length of
disability in the category for very heavy work.
Section 19.04
PARAMETERS FOR CONFERRING
1. The FDPO will confer with the
a provisional appointment
appointments will normally be
statements is true:
Union to determine whether or not
should be made. Provisional
made when each of the following
a. An employee to be provisionally appointed is reasonably
available and has qualified for the position by competitive
examination.
b. The provisional appointment is needed to relieve an over
burden of staffing replacement hours.
c. The provisional appointment will not cause an over burden of
staffing replacement hours.
d. The provisional appointment does not fall 45 days prior to a
promotional examination in the same classification as the
provisional appointment.
e. The provisional appointment can be reasonably justified as an
operational necessity.
Section 19.05 DETERMINATION OF APPOINTMENT
1. The FDPO and the Union will reduce to writing a recommendation
to the Fire Chief as to whether or not a provisional appointment
should be made. The recommendation will be made within ten (10)
days of a known vacancy and include the agreed upon answers to
the statements listed above and /or the agreed upon differences
of opinion of the FDPO and the Union.
MOU Between the City of E3 _r , -' IAFF Local 3682 � ��
10 /l /11 �' ���,�. ;'1
Amended Y/YXX;11 l i '.i t c'rl
27
2. The Fire Chief will consider the recommendation and make the
final determination. If the recommendation is not made within
ten (10) days, the Fire Chief will make a decision based on the
information available at that time.
Section 19.06 INTENT OF POLICY
1. This policy shall not be abused or used outside the intent of
filling longer -term disability positions, except for dynamic
emergency situations that dictate rank for rank rehires.
Section 20.01
ARTICLE 20 - MAINTENANCE AND REPAIRS
LIMITED MAINTENANCE AND REPAIR
Fire Department members shall perform limited maintenance and repair
such as outlined below:
1. CARPENTRY
a. Members will perform minor, unskilled carpentry
maintenance and repair. Such carpentry responsibilities
shall not include maintenance or repairs requiring
special skills, knowledge, or tools beyond household
handyman level.
2. PAINTING
a. Members will perform touch -up painting (9fa ll jebs
filed with 1° bjtdsh and quartz . Such touch -up
painting shall exclude painting of entire walls, rooms,
or structures.
The foregoing Limited Maintenance Agreement shall pertain to all fire
facilities:
Section 20.02 ADMINISTRATIVE OFFICES (FIRE STATION #1)
1. The City will maintain and clean the administrative office area
and greenhouse windows in Fire Station #1. For the purpose of
this provision, the administration office area is defined as the
lobby, secretarial area, Fire Chief's Office, Fire Prevention
Bureau offices, and Conference Room. Unit employees shall
continue to be responsible for the maintenance and cleaning of
all other areas in this facility and all areas of Fire Station
#2 as presently provided.
ARTICLE 21 - MATERNITY LEAVE
Section 21.01 EQUAL BENEFITS
1. Except as provided herein, a female employee disabled because of
pregnancy, childbirth, or a related medical condition shall have
the same benefits as are provided to other employees who are
temporarily disabled for (non- industrial) medical reasons.
MOU Between the City o.t F1 e jutJC c: and IAFF Local 368 � n �
28
1.6'/1; 11 TO � '=s0,!`'3 J
Amended h/X.X1.7.:1 : C',i tv_ L?ni
Section 21.02 WORKING AND REPORTING
1. It is the employee's right to continue to work while she is
pregnant. Members who become pregnant and are physically capable
of performing their jobs may, at their discretion, remain in
active -duty positions, and are not required to report their
condition to the employer.
Section 21.03 LIGHT DUTY
1. The City shall transfer a pregnant female employee to a less
strenuous or hazardous position for the duration of the
employee's pregnancy if she so requests, with the advice of her
physician or the employee's other licensed health -care provider,
where that transfer can be reasonably accommodated. The position
will have an equivalent rate of pay and benefits. However, the
City shall not be required to create additional employment that
the City would not otherwise have created, nor shall the City be
required to discharge any employee, transfer any employee with
more seniority, or promote any employee who is not qualified to
perform the job.
Section 21.04 LEAVE
1. A female employee disabled because of pregnancy, childbirth, or a
related medical condition shall be entitled to take up to four
months of leave of absence or the amount of accrued sick leave
and vacation (if such leave is used), whichever is greater, due
to such disability. The definition of "disabled because of
pregnancy includes that provided in California Code of
Regulations Section 7291.2(g) and includes severe morning
sickness or the need for time off for prenatal care. The date on
which the leave should commence and the date on which the
employee shall resume duties, shall be determined by the employee
and her physician or the employee's other licensed heath -care
provider. Leave may be taken intermittently or on a reduced work
schedule when medically advisable, as determined by the
employee's physician or her other licensed health -care provider.
At the end of the employee's period(s) of pregnancy disability or
at the end of four months pregnancy disability leave, whichever
occurs first, a California Family Rights Act ( "CFRA ") eligible
employee may request to take CFRA leave of up to 12 workweeks for
the birth of her child, if the child has been born by that date.
There is no requirement that either the employee or child have a
serious health condition in order for the employee to take CFRA
leave. There is also no requirement that the employee no longer
be disabled by her pregnancy before taking CFRA leave for reason
of the birth of her child.
Section 21.05 NOTICE OF LEAVE
1. Any employee who plans to take pregnancy disability leave shall
give the City reasonable notice (generally at least 30 days) of
the date the leave will commence and the estimated duration of
any leave. If 30 days advance notice is impractical (e.g.,
medical emergency or unforeseen occurrence) the employee shall
inform the City of her need for pregnancy disability leave as
soon as practicable.
MOU Between the City of El and IAFF Local 3(582 19 (� 29
10/1/1-1 P) 9/30.'13 `
Amended .I : Ct_ t. -"; U�zon
a. The City reserves the right to require written confirmation
from the employee's physician or the employee's other
licensed health -care practitioner that she is or will be
disabled by pregnancy, childbirth, or related medical
conditions as a condition of granting pregnancy disability
leave.
b. The City reserves the right to require written verification
from the employee's physician or the employee's other
licensed health -care practitioner that her disability has
ceased before the employee returns to work.
Section 21.06 RETURNING TO WORK
1. When the employee is ready to return from pregnancy leave the
employee shall be entitled to return to her original position
unless either:
a. The job ceases to exist because of legitimate business
reasons unrelated to the employee's pregnancy disability
leave (e.g., layoff); or
b. Each means of preserving the job for the employee would
substantially undermine the City's ability to operate safely
and efficiently.
Section 21.07 COMPARABLE POSITION
1. If the employee cannot return to her original position because of
either of the foregoing reasons, she shall be entitled to a
comparable position unless either:
a. There is no comparable position available; or
b. For employees whose pregnancy disability does not qualify as
a Family Medical Leave Act ( "FMLA ") leave, a comparable
position is available, but filling the available position
with the returning employee would substantially undermine
the City's ability to operate safely and efficiently.
c. "Employment in a comparable position" means employment in a
position, which is virtually identical to the employee's
original position in terms of pay, benefits, and working
conditions, including privileges, prerequisites and status.
It must involve the same or substantially similar duties and
responsibilities, which must entail substantially equivalent
skill, effort, responsibility, and authority. It must be
performed at the same or geographically proximate worksite
from where the employee was previously employed. It
ordinarily means the same shift or the same or an equivalent
work schedule.
Section 21.08 RIGHTS
1. Nothing contained herein shall limit the rights of the employee
under the California Family Rights Act, the Federal Family and
Medical Leave Act or other statutory and /or case law.
MOU Between the City of H1 and IAFF Local 3682
10/1,' _7. 1 TO 911_30,,/_-113
Amended X,1/XX; 1.. "l : C'z t , L?icn.
0-
Me
ARTICLE 22 - POLICY AND PROCEDURE AGREEMENTS
Section 22.01 DISABILITY RETIREMENT APPEAL PROCEDURES
1. The parties have agreed upon a disability retirement appeal
procedure dated May 2010.
Section 22.02 ANNUAL FITNESS FOR DUTY PROCEDURES
1. The parties have agreed upon an annual fitness for duty policy
and associated forms as indicated by initialing and dating the
forms and policy on June 9, 2003.
Section 22.03 INJURY ON DUTY PROCEDURES
1. The parties have agreed upon a injury on duty procedures dated
June 18, 2003
Section 22.04 MODIFIED DUTY PROCEDURES
1. This is a temporary light duty procedure, as part of occupational
injury and illness policy.
2. When an employee is assigned to light duty the employee shall be
assigned to a 40 -hour workweek schedule (9 -80 schedule) . The
attending physician will identify any work restrictions and
limitations. The fire administration will determine if an
appropriate temporary light duty assignment is available meeting
the restrictions detailed by the attending physician. Final
approval for temporary light duty assignments rests with the Fire
Chief. Temporary light duty assignments shall be for thirty (30)
days. The Fire Chief may grant extensions as needed or requested.
3. While on light duty the employee will wear the department -
approved uniform. Exceptions to the requirement to wear the
department- approved uniform may be granted by the Fire Chief
based on the nature of the injury and the work to be performed.
4. In order to return to full duty the employee must provide written
documentation per City Practices authorizing the return to
unrestricted duty.
5. An employee assigned to temporary light duty may make a request
to the Fire Chief for a modified 40 -hour workweek and /or work
location. The nature of available assignments and the needs of
the employee will be considered in the decision. The Fire Chief
will consider each request for a modified schedule/ location on a
case -by -case basis.
Section 22.05 REHIRE POLICIES
1. City officials and Association representatives met and agreed to
Rehire /Staffing Policy and Procedures. That agreement is
reflected in a revised Rehire /Staffing Policy and Procedures
dated December 19, 2003. Either party may cause a reopening of
the meet and confer process regarding proposed changes to the
Rehire /Staffing Policy and Procedures incorporated herein. There
shall be no modification to the Rehire /Staffing Policy and
MOU Between the City of El and TAFF Local 3682
10/"1,%11 TO
Amended X 1XX /.11 : Ci t_Y - - - - -- Union
20i
31
Procedures absent an agreement of the parties to do so.
Section 22.06 RANK FOR RANK POLICY
1. The City agrees that when it rehires employees of the Fire
Department it will rehire in rank, in accordance with the
employeetholding Procedures,
rank there is
the absent available rehire an
employee.
emp y
Section 22.07 DRUG -FREE WORKPLACE POLICY
1. The City of El Segundo Drug -Free Workplace Statement and
Substance Abuse Policy (dated July 1, 2008 -2�, 94Y)) is accepted
by the Union. During the term of this agreement
assess the need for revisions to the Drug -Free Workplace
Statement and meet and confer with the Association for any
proposed modifications to cause compliance with Lanier v. City
of Woodburn.
Section 22.08 LAYOFF AND RECALL POLICY
1. Definitions
a. Layoff A reduction in the workforce, resulting in
temporary or permanent unemployment, of one or more
employees.
b. Bumping Moving to a lower classification or special
assignment in which there is no vacancy and displacing an
employee who has less seniority in that classification or
special assignment as determined by appointment date to the
affected classification.
2. Grounds for Layoff
a. Whenever, in the judgment of the City Council, it becomes
necessary to reduce the workforce, an employee may be laid
off, reduced in classification or displaced (bumped) by
another employee. Such layoff, reduction or displacement
shall result from action of the City Manager or his /her
designee. The City Manager shall recommend to the City
Council each classification to be affected by any such
change. Employees of the Fire Department shall be laid off
in the following order:
1. Temporary, part -time and seasonal employees;
2. Probationary employees;
3. Employees who have finished their probationary period.
3. Notice to Employees
a. An Employee filling a full time position shall be given
fourteen (14) calendar days notice of layoff, seventeen (17)
calendar days if by certified mail, indicating the
circumstances, which made the layoff necessary. Employees
reduced or displaced (bumped) shall be given five (5)
calendar days notice, eight (8) calendar days if by
certified mail, indicating the circumstances which made the
MOU Between the c73"ty of E! S'equn, 0 and TIFF Local 3682
4.
7 r, %1 111 TO
Amended X /Xk'/ 1.1 t ".. t v — — ilr�
32
change necessary. In the event of an emergency, the City
Council may approve a reduction in the notice requirements,
if so recommended by the City Manager.
4. At -Will Employees
a. 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 at -will. The promotional
probationary employee shall revert to his /her previously
held classification and position without loss of seniority.
5. Benefit Payoff
a. In the event an employee is laid off, he /she shall receive
payment, at the employee's request, for any earned ror unused ed
sick leave (in accordance with the M', but not
vacation or holiday time as quickly as possible
later than fourteen (14) days after the layoff.
6. Procedures for Layoff
a. Permanent employees shall be laid off in order of 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 seniority in City service, etc.
Seniority shall be determined by hire date.
7. Procedures for Reduction or Displacement
a. Employees shall be reduced or displaced (bumped) in order of
their seniority in the affected classification or special
assignment, that is the employee with the least seniority in
the classification or special assignment shall be reduced or
displaced (bumped) first, followed by the employee with the
second least seniority in rank, etc. Seniority shall be
determined by promotion or assignment date. Temporary
appointments or "Acting" assignment dates shall not be used
for the purpose of calculating seniority in rank. For the
purpose of this section Paramedic Assignment shall be
considered below Fire Engineer and above Firefighter.
8. Bumping Rishts
a. Employees shall have the right to bump down to a lower
classification or special assignment to which they were
previously assigned, provided that the employee has greater
seniority in that assignment, thus bumping an employee in
that classification or special assignment with the least
seniority to a lower classification or special assignment.
To bump down into a lower classification or special
assignment the employee must qualify for the position
including any required certifications or licenses.
Employees properly laid off in the bargaining unit shall not
have bumping rights to any other City departments.
Employees laid off from other departments of the Employer
shall not have any bumping rights to positions within Fire
Department Suppression Division.
Mt?L' Between the Cite' of EJ > >�t.i�'t�a�, an _1 Local 3682 203 33
Zr :,7.i11
TO Z3
Amended .�;j x /1. .Z L'_�'_ t Y" - - -- ; C2_lo_r1
g. Breaking Ties
a. In cases where employees have the same
andedeto the employee
equal seniority), seniority shall be g
the
with the highest score on the examination in which The
employee participated and received the appointment.
following criteria shall be used to determine seniority the
case of a tie or the testing process is not applicable,
next criteria shall be used).
1. overall raw score.
2. Raw score of the oral interview.
3. Raw score of the Practical (Engineers)
4. Raw score of the written examination.
S. The earliest date and time of application.
lo. Salary Placement
as a
a. An employee who is assigned to a lower classification the step
result of a displacement (bump) shall be placed
of the salary range of the new classification, which is the
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 the
reemployment list or lists.
11.Reemployment List
The names of permanent employees who have been laid off
under this section (including employees who have bumped
down) shall be placed, in order of seniority from highest to
lowest, on a reemployment list for their classification or
any lower classification for which the employee is qualified
by education and /or experience. Persons on such lists shall
retain eligibility for appointment therefrom for a period of
three years from the date their names were placed on the
list. As a vacancy within a classification or lower related
classification becomes available, the name appearing at the
top of the list shall be offered the opportunity to fill the
vacancy. The name of an individual selected from the list
to fill the vacancy who refused the reemployment offer shall
be permanently removed from the reemployment list without
right of appeal. Laid -off employees do not earn seniority
credit or benefits while on the reemployment list.
a
12. Letter of Layoff
a. The City shall provide all employees who were laid off from
the City a service letter setting forth that the employee
was laid off and is eligible for reemployment. Those
employees ordisplaced lower t
granted, upon the employee's e q uest, aletter from the City
stating the employee was reduced in status as a result of a
layoff and is eligible for reemployment to the higher -level
position.
MOU BeCween the City of E.� Secx ,,zndn and TAFF Local 3,682
34
Tyr, 20
ArilendeC� s:, /_ �? 1: Uri j oz?
13.R gh:s of Reemployment
a. If a person is reemployed by the City within three (3)
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 atethe
employees will be p laced on
time of layoff.
14. Appeal
cedures, except for Section B - Grounds for
a. If the above pro
Layoff and Section D - At Employees, are misapplied t
d the
he
adversely affect a laid -off or displace eal�ysetting
adversely affected employee may file an app
forth what sections of this Section were violated, to the
City Manager.
Section 22.09 GRIEVANCE PROCEDURE
Effective October 1, 2011
1. Purpose
a. To promote improved employer - employee relations by
establishing procedures for the fair and orderly resolution
of disputes between the City and the Union and /or the City
and employees represented by the Union.
b. To provide that grievances shall be settled as near as
possible to the point of origin.
c. To provide that the grievance procedures shall be as
informal as possible.
2. Definition
a. A "Grievance" shall be defined as a controversy between the
City and the Union or an employee or employ s any of the
this agreement. Such controversy must pertain
following:
1. Any matter involving the application of any provision
of this agreement; or
2. Any matter involving the violation(s) of any provision
or intent of this agreement; or
3. Any matter that affects the working conditions of the
employee or the application of all rules, regulations,
policies and /or laws affecting the employees covered
by this agreement; or
4. Any protests of ratings or performance evaluations.
3. Evaluations
a. If an employee disagrees with their performance evaluation,
Steps 1 and 2 of the grievance procedure shall apply to
challenge the content of the employee's evaluation or
MOU Between the City Of E7 ecYt,rac?c arac IAF'F' Local 3682 20 j
Amended .:� /.: i'11 : r'3" c' >!- - - - - -- Union—___
_
35
performance review. If the grievance is not resolved at
Step 2, the issue may be presented to the Director of
Administrative Services within five (5) business
days after termination of Step 2. A meeting with the
employee, Union representative and the Director of
Administrative Services will be arranged at a mutually
agreeable location and time to review and discuss the
grievance. Such meeting will take place within ten (10)
business days from the date the grievance is
received by the Director of Administrative Services. The
Director of Administrative Services may invite other members
of management to be present at such meeting. The Director
of Administrative Services will give a written reply by the
end of the seventh (7th) ealendar business day following the
date of the meeting. The findings of the Director of
Administrative Services shall be final.
4. Discipline
a. An appeal of discipline is not subject to the grievance
procedure. An appeal of discipline is distinct from a
grievance in that it is an action taken by an employee to
request an administrative review of disciplinary action
initiated against him or her and is subject to the following
procedure, which shall supersede contrary provisions in
Ordinance 586,. Where necessary, the City shall propose
necessary modifications to bring the Ordinance into
compliance with Government Code § 3254.5 (FBOR.). Pursuant
to Government Code Section 3254.5, the administrative appeal
shall be conducted in procedural compliance with Section
11500 et. seq.
S. Procedure
a. There shall be an earnest effort on the part of both parties
to settle grievances promptly through the steps listed
below.
1. Step 1 - An employee's grievance must be submitted in
writing by the employee, fully stating the facts
surrounding the grievance and detailing the specific
provisions of this agreement alleged to have been
�-'�� business days
violated within fifteen (15) �� �'
after the employee could have been reasonably
expected to have had knowledge of the circumstance(s)
giving rise to the grievance. The supervisor or
management representative shall reply in writing to
the employee by the end of the fifteenth (15th)
ea1-Rr business day following the presentation of
the grievance and giving of such answer will
terminate Step 1.
2. Step 2 - If the grievance is not settled in Step 1,
the grievance will be presented to the Fire Chief
within ten (10) ealenelar business days after
termination of Step 1. A meeting with the employee,
Union representative and Fire Chief will be arranged
at a mutually agreeable location and time to review
and discuss the grievance.
3. Such meeting will take place within ten (10) �e_
business days from the date the grievance is received
by the Fire Chief. The Fire Chief may invite other
MOU Between the Cite,, of E-1 Sic;x.�:r�d�� arzd .�.FF Local 3682
36
i,
Amended LT�ni () n _ -- --
members of management to be present at such meeting.
The Fire Chief will give a written reply by the end
�� business day following
of the seventh (7th) �' r y
the date of the meeting, and the giving of such reply
will terminate Step 2.
4. St_ ep 3 - If the grievance is not settled in Step 2,
the grievance will be presented to the City Manager
within five (5) ealenelar business days after
termination of Step 2. The Grievant(s) or Union
Representative and the City Manager shall, within
seven (7)eaareftd-&= business days after receipt of a
grievance initiated at this Step, arrange a meeting
to be held at a mutually agreeable location and time
to review and discuss the grievance. Such meeting
will take place within ten (10) ^ �nd�ar � business
days from the date the grievance is referred to Step
3. The City Manager will give a written reply by the
end of the seventh (7th) eer business day
following the date of the meeting, and the giving of
such reply will terminate Step 3. The findings of
the City Manager shall be final and binding except as
provided in Step 4 below.
5. Step 4 - In cases, and only in such cases, which
involve the alleged violation of the Personnel
Ordinance, the Classification and Salary Resolution,
the Personnel Rules or a Memorandum of Understanding,
the employee may, by written notification to the
Director of Administrative Services within two (2)
working days, request submission of the issue to the
Los Angeles County Civil Service Commission, Public
Employee Relations Board (PERB), or Los Angeles
County Employee Relations Commission (ERCOM),
whichever may apply, stating specifically the
paragraphs of the Ordinance, Resolution, Rules or
Memorandum of Understanding which the Grievant(s)
alleges are being violated. The Director of
Administrative Services shall then submit said
request, together with copies of all the pertinent
forms, documents, and materials concerned, to the Los
Angeles County Civil Service Commission, to review
all such evidence and information as it relates to
the specific violation alleged by the employee(s).
6. Re�r_esentation
a. Employees may be represented by persons of their choice at
meetings with the Fire Chief, Director of Administrative
Services, City Manager or Los Angeles County Civil Service
Commission. When the grievance is processed with Union
participation, the Union agrees to pay half of the cost of
hearings conducted by the Los Angeles County Civil Service
Commission, to a maximum annual (fiscal year) amount of
three - thousand dollars ($3,000). In addition, Union shall
pay half the cost of any FBOR mandated Administrative Law
Judge. In such a case where a grievance is processed
cessed
without the Union's approval or participation,
individual(s) shall not incur the same cost.
MOU Between the City :,�)f F "1 t3egundo and 12AFF Local 36,32
10/1/11 TO L);
A- mended ,/_XSS `1. L: C1 :jr rnio l_ - --
207
37
7. Witnesses
a. In the event an employee represented by the Union is
required by any party to appear at any meeting in any Step
in this Procedure while otherwise in a paid status, the
employee shall not suffer any loss of pay as a result of
that appearance.
8. Time Limits
a. Time limits and procedures, as set forth above for each of
the Steps, may be extended or waived by mutual agreement
between the parties, but neither party shall be required to
so agree. The parties agree that in the event the Union or
any member should fail to comply with any of the time
limitations set forth in this Procedure, such failure shall
constitute a waiver of its right to prosecute the grievance
further, unless good cause exists for the failure and the
City has suffered no prejudice as a result. In the event
the City or any of its representatives should fail to comply
with any of the time limits prescribed in this Procedure,
such failure shall compel the City to grant the remedy
requested in the grievance.
Section 22.10 SHIFT TRADE POLICY
During this negotiation process fire department officials and
Association representatives met and agreed to the
Rehire /Staffing Policy and Procedures that included shift
trades. That agreement is reflected in a revised Rehire /Staffing
Policy and Procedures dated November 11, 2003.
1
Section 22.11 NO SMOKING POLICY
1. Effective July 1, 1987, unit employees shall not be permitted to
smoke and /or use tobacco products on duty in City facilities at
any time.
2. Any unit employees hired after July 1, 1987, shall, as a
condition of initial and continued employment, refrain from
smoking and /or using tobacco products at any time on or off
duty.
Section 22.12
MEDICAL EXAMINATION POLICY
1. Firefighters shall be annually examined by a local medical
doctor selected by the City, except Fire Fighters under thirty -
five years of age, who shall be examined every two years.
2.For fiscal years ending in 2012, 2013, the ESFA agrees to forego
their annual medical examinations. Annual medical exams will
resume in calendar year 2014.
Section 22.13 MILITARY LEAVE POLICY
1. City shall provide military leave in accordance with law.
I q- anff TAFF Local 3682
�.
mou Between the itZ,' OL �_ �F c
,/3 /� 7 208
Amended X/XX %11 : City Unnion —
38
Section 22.14 ELECTION DAY VOTING POLICY
1. Covered employees who are assigned to work on the day of any
Federal, State or Municipal elections, who desire to vote, shall
be obligated to cast absentee ballots whenever legally
available. The parties agree that this provision is not
intended to infringe upon any employee voting rights set forth
in Section 14000 et. seq. of the California Elections Code. If
any portion of this provision is found to violate Section 14000
et. seq., as part of a final adjudication by a court of
competent jurisdiction, then the parties agree to discuss
alternative voting arrangements for covered employees forthwith
which balances employee voting rights and the legitimate
scheduling needs of the Fire Department.
Section 22.15 JURY DUTY
1. 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 (defined as the date on which the employee is directed
by jury summons to either commence telephone contact with
the jury administrator and /or appear in court.)
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
pay unless, the employee presents written evidence that the
court estimated during voire dire that the trial would be of
two or less weeks duration, or in the alternative the
employee presents written evidence that he /she advised the
court that City compensation was limited to two weeks, that
the employee asked to be excused because of this hardship,
and the request was denied.
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 or use
vacation leave for the remainder of the employee's scheduled
duty days, when relieved of jury duty for the day and prior
to the end of the scheduled duty day.
f. The employee must provide documentation of his or her daily
attendance on Jury Duty.
Section 22.16 FIREFIGHTERS PROCEDURAL BILL OF RIGHTS ACT
Effective October 1, 2011
Attached to this MOU as Exhibit I, is the discipline - related policy
and procedure which has been drafted in accord with the requirements
of Government Code § 3250 et. seq., the Firefighters Procedural Bill
of Rights Act.
39
MOU Between the ri ty of El IjJFF Local 3652 0
Amended
ARTICLE 23 - UNION BUSINESS
Section 23.01 BULLETIN BOARDS
1. The Union shall be provided a bulletin board location at each
fire station for its posting official
of information concerning
Union business and activities. All posting shall contain the
date of the posting and the identification of the document as an
Union sponsored publication. All postings shall be done by
authorized Union representative. Manage na
prevent the posting materials that contain
to remove and /or
personal attacks upon the qualifications, skills, credibility,
honesty or character of any City employee of any rank.
Section 23.02 UNION MEETINGS
1. The Union shall be limited to ten (10) meetings per year during after
regular business hours. Additional meetings can be held
hours or on weekends.
in at 0730
2. Meetings held during regular business hours shall beg to work
hours and end at 1130 hours with employees returning
details by
1145 hours, except that meetings may be longer with
approval of the Fire Chief or his designee.
Section 23.03 CONDUCT OF UNION /ASSOCIATION BUSINESS
representatives
1, Effective July 11 2000, each fiscal y ear
seven (7) twenty-
designated by the Union shall be entitle order to attend related to four (24) hour shifts of time with meetings, etc. No more than
conferences, seminars, workshops,
g
four (4) shifts, or the equivalent number of hours may be taken
Time used to
by any one representative on any one occasion. the formal
participate in the processing of grievances or during
to, and shall not
"Meet and Confer" process shall be in addition
count against, the time off with pay granted above. A maximum of
four (4) of these shifts not used during a calendar year may be
carried over into the next year, however, in no circumstance
shall the Union or its representatives be
Employees entitled h
requesting to
eleven (11) shifts per fiscal y
utilize this paid leave shall secure approval from the President Fire
of the Association and submit the
uested time off. he Employees shall
(10) days in advance of the req for utilizing this time, for the
not be penalized any hours
purpose of calculating FLSA compensation.
Section 23.04 Agency Shop Clause
Effective October 1, 2011
reement whereby the parties
Pursuant to California Government Code Section 3502.5an employee in
agree to institute an Agency Shop ag uired, as a
the unit of representation covered by this Agreement is req 40
MOU Between the c "3_ty of El 'c'�tnclo and TAFF Local 3682 q
10 ; 1, 11 /
TO � ��
2 l U
r1�.i, on
Amended k,1 K , i I : C' i - - - --
condition of continued employment, either to join the El Segundo
Firefighters' Association or pay it a service fee in an amount not to
exceed the standard initiation fee, periodic dues and general
assessments of the organization. As a result, each bargaining unit
employee must either:
1. Elect to join the Union and pay union dues; or
2. Pay an agency fee for representation; or
3. With a bona fide religious exemption, pay a fee equal to the
agency fee to be donated to selected charities.
Union Dues/Agency Fee Collection
Effective January 1, 2012 ' the Finance Department shall deduct union
dues, agency fee and religious exemption fees from all employees who
have signed a written authorization and a copy of that authorization
has been provided to the Finance Department. Employees on leave
without pay or employees who earn a salary less than the union
deduction shall not have union dues or agency fee deduction for that
pay period.
MOU Between the 'sty of El Secrunclo and 1AFE Vocal 3682 41
10/1'/'11 'l'O 9/30,,/-13
Amended X1 _XY /I1 : Ci t5'- - - - - -- Tn- z.ozr-- - - -, -- 211
The Union shall notify the City of any agency fee payer who elects to
only pay fair share fees. The Union shall notify the City of the
amount of the fair share fee to be deducted from the fair share fee
payer's paycheck.
The Union shall notify in advance all affected employees and the City
if the amount will change.
New Hire Notification
Effective January 1, 2012, all new hires in this general bargaining
unit shall be informed by Human Resources, at the time of hire, that
an Agency Shop agreement is in effect for their classification. The
employee shall be provided a copy of this Memorandum of Understanding
and a form, mutually developed between the City and the Union that
outlines the employee's choices under the Agency Shop agreement. The
employee shall be provided thirty (30) calendar days from the date of
hire to elect their choice and provide a signed copy of that choice to
the Finance Department. The Union may request to meet with new hires
at a time and place mutually agreed upon between the Department Head
and the Union.
Failure to Pay Dues /Fees
Should an employee fail to make an election and provide the City a
signed copy of the Agency Shop employee election form, the Union shall
notify the City, requesting the employee be terminated from employment
for failure to make an election. Within ten (10) working days of each
new hire in the bargaining unit, the City shall notify the Union of
all new hires, providing the Union the employee's name, classification
and date of hire.
Religious Exemption
An employee who is a member of a bona fide religion, body or sect that
has historically held conscientious objections to joining or
financially supporting a union shall not be required, as a condition
of employment, to join the union and pay union dues or pay an agency
fee for representation.
An employee claiming religious exemption status shall be required to
provide to the Union proof of affiliation with such a religious body
or sect.
In lieu of union dues or agency fee, the employee claiming religious
exemption shall be required to make a contribution equal to the Agency
Fee, to one of the following non - labor, non - religious charitable
organizations: South Bay Police & Fire Memorial Foundation; Alisa Ann
Ruch Burn Foundation; Muscular Dystrophy Association; El Segundo
Education Foundation.
Records
On an annual basis, the Union shall
Director with a copy of the Union's
City shall provide the Union a list
paying status with each union dues
Rescission of Agreement
provide the Human Resources
certified financial report. The
of all unit members and dues
check remitted to the Union.
MOU Between the City c)f El ,�ec�z.zlzd 7 � M d ZAF ' Local 3682
101_7/11 TO s / ,., / , -
Amended X /XX 111 : Ci. t�T Una on
11
42
212
The Agency shop agreement may be rescinded at any time during the term
of the Memorandum of Understanding by a majority vote of all employees
in the bargaining unit. A request for such vote must be supported by
a petition containing the signatures of at least thirty percent (3001)
of the employees in the unit. The election shall be by secret ballot
and conducted by California State Mediation and Conciliation and in
accordance with state law.
Indemnification
The Union shall provide full protection to the City by indemnifying,
defending and holding the City harmless from and against all claims
and liabilities as a result of implementing and maintaining this
agreement.
ARTICLE 24 - HOLIDAYS
Section 24.01 ACCUMULATION
1. Employees who work shifts and are regularly required to work
holidays shall accumulate holiday pay at the rate of one hundred
forty -four hours per year in lieu of holidays. Employees who
terminate employment shall be paid holiday pay on a pro rata
basis.
Section 24.02 ANNUAL PAYMENT
1. The City shall have the option to issue eligible employees one
check annually inclusive for sick leave pay, and holiday pay in
November, but not later than on or about December 10. Benefits
shall be paid at the employee's regular rate of pay existing at
the time the check is processed.
Section 24.03 PERS PICK -UP
The City will pay 100% of the members' PERS contribution on Holiday
pay. This provision shall not be applicable during the term of this
MOU only and will be re- instated immediately upon the expiration of
this MOU.
ARTICLE 25 - MISCELLANEOUS
Section 25.01 PROMOTIONAL EXAMINATION REQUIREMENTS
1. Effective July 1, 2003
a. Candidates for Fire Captain promotional examinations shall
be required to have 4 years firefighting experience and
possess an AA or AS Degree, which includes a curriculum in
Fire Science or 10 years of firefighting experience with
the E1 Segundo Fire Department. If the promotional testing
is declared to be open- competitive the requirements for
outside candidates shall be equivalent to the educational
requirement and /or equivalent to the time in rank in a
full -time professional fire department.
MOU Betc�een the C-ity Of El Seqz I1dc> :.�,2ci lAFF Loc a 7 3682
Amended X ,y ."
X122 1 CJL2
43
2. Effective July 1, 2006
a. Candidates for Battalion Chief promotional (or closed
promotional) examinations shall be required to have eight
(8) years experience in the fire service including 4 years
as a captain, possess a Bachelor's Degree or 10 years of
service as a Fire Captain with the El Segundo Fire
Department. If the promotional testing is declared to be
open- competitive the requirements for outside candidates
shall be equivalent to the educational requirement and /or
equivalent to the time in rank in a full -time professional
fire department.
Section 25.02 OPPORTUNITY TO REVIEW MATERIALS
1. No employee shall have any comment adverse to his /her interest
entered into the employee's personnel file, or any other file
used for any personnel purposes by the employer, without the
employee having first read and signed the instrument containing
the adverse comment indicating the employee is aware of such
comment, except that such entry may be made if after reading
such instrument the employee refused to sign it. The employee's
signature on the instrument indicates notice of the adverse
comment, but does not indicate agreement by the employee with
the comment. Should the employee refuse to sign, that shall be
noted on that document, and signed by a witness, not a party to
the issuance of the instrument. The employee may attach a
rebuttal to the instrument containing the adverse remark to be
included in the Human Resources or Fire Department personnel
file.
Section 25.03 TRAINING PUBLIC AND EMPLOYEES
1. As part of their duties, suppression personnel may be required to
instruct and participate in training for the public and other
City Personnel. Examples of such training and participation
include first aid, CPR, CERT, Confined Space Rescue Awareness,
breathing apparatus, fire extinguisher operation, and various
public education programs.
2. The determination as to whether to use on -duty personnel or off -
duty personnel to conduct such training is within the Fire
Administration's discretion to decide. If on -duty personnel are
used Administration will determine whether to hire back
additional personnel. The decision will be based on operational
reasons. When personnel are hired back from off duty to instruct
or participate in such training they will be paid at a rate
consistent with the MOU.
ARTICLE 26 - SCHEDULE
Section 26.01 SCHEDULE - SUPPRESSION EMPLOYEES
The work schedule shall be two
hour shifts
(2)
consecutive twenty -four (24)
on
hours off duty,
duty followed
based upon
by
ninety -six (96) consecutive
a 24 -day
work cycle.
MOU Between the
Cite' cat F'i <_t
7z( 7 )
var.d GAFF' .Uc >ca1 3682 44
1,; J TO 9,"]301,`_13
21:3
Aniendec
h: %XX /1 C'3_%�tr
Union
Section 27.01 TERM
1. The term of this
244-1--. October 1,
of extending to
Association. The
decision whether
March 30, 2013.
ARTICLE 27 - TERM
MOU shall be v "ewe --�9
2011 through September 30, 2013 with an option
September 30, 2014 solely by the Fire
Fire Association shall inform the City of its
or not to extend the agreement no later than
2. This Agreement shall remain in effect during any negotiations
and shall continue to remain in full force and effect until such
time as a new agreement is reached.
Ion
Article 28 - Limited Layoffs
Section 28.01 No layoffs
1. The City agrees to guarantee that no layoffs of unit members will
occur during the term of this MOU unless at any time during the
term of the contract the general fund actual core gross revenues
as defined in Section 29.01 for any six month period fall seven
and one half percent (7.50) below the prior fiscal year actual
core gross revenues for the same six month period.
2. Before instituting any layoffs the City will agree to meet and
confer in good faith with the Association to explore alternative
cost saving approaches.
ARTICLE 29 - COLA
Section 29.01 Cost of Living Adjustment
If general fund actual core gross revenues increase by $1.5 million or
more in fiscal year 2011 -2012 compared to fiscal year 2010 -2011 and /or
by $1.5 million in fiscal 2012 -13 as compared to 2011 -2012, then the
employees covered under this MOU will be entitled to a COLA increase
effective the pay period including October 1 of the fiscal year
immediately following the qualifying fiscal year(s). In other words,
if the general fund actual core gross revenues in fiscal year 2011 -12
and /or 2012 -13 are $1.5 million or more greater than those in the
previous fiscal year, the COLA increase will take effect October 1,
2012 and /or 2013. The amount of the COLA increase will be based upon
the percentage increase in the Consumer Price Index (CPI -U) in the Los
Angeles- Riverside - Orange County geographic area for the twelve month
period ending the most recent August 31. Core gross revenues for this
section shall mean all revenues except Net of All Transfers, other
Licenses and Permits (account numbers: 3400 -3499) and Charges for
Services (account numbers: 3800 - 3899).
MOU Between the C" ty of E'_1 .`�ecYr.z3r•.ic� grid 1A.FF Lc7ca 1 2,682 21'1 45
10,1/1/11 TO .a11 n; 1 3
Amended XjXX/11 : "i ter Uni_on
ARTICLE 30 - SIGNATURES
Section 30.01 SIGNATURES
1. This Memorandum of Understanding, October 1, 2011 to September
30, 2013 consisting of forty -seven (47) initialed pages,
including the cover, index and signature pages, is made and
entered into between the Union and the City as amended Aprij 1,
29998
For the Union: For the City:
Chris Thomason Doug Willmore,
President City Manager
Curt Crowson, Kevin Smith,
Vice - President Fire Chief
Tony Del Castillo
Vice President
Joseph Inez,
Treasurer
Deborah Cullen
Director of Finance /Human
Resources
Martha Dijkstra,
Human Resources Manager
MUU Between the City E1 ,.''egundo a.rad _TAF'F' Local 3682 46
10/1"''ll TO 9111'_30/13 21
Amended _Y, xx/1,j 1 : (.7_ y' rTni oil
EXHIBIT I
SUPPLEMENTAL PROCEDURES FOR APPEALS BY FIREFIGHTERS
OF PUNITIVE ACTION
UNDER THE
FIREFIGHTERS PROCEDURAL BILL OF RIGHTS ACT
The following appeals procedures are adopted pursuant to Government Code § 3254.5
of the Firefighters Procedural Bill of Rights Act and are intended to supplement Rule 14
and Rule 15 of the City of El Segundo Personnel Rules and Section 2.28.070, entitled
"Hearing on Appeals" and Section 2.28.150, entitled "Employee Appeals" of Chapter
2.28, entitled "Personnel Merit System" of the City of El Segundo Municipal Code.
1. DEFINITIONS
a. The term `firefighter" means an employee who is considered a
"firefighter" under Government Code § 3251(a) except for the Fire
Chief who is identified as such. The classifications of employees
who are firefighters include: firefighter, firefighter special assignment
paramedic, fire engineer, fire captain, and battalion chief.
b. The term "punitive action" means any action defined by Government
Code § 3251(c), i.e., "any action that may lead to dismissal,
demotion, suspension, reduction in salary, written reprimand, or
transfer for purposes of punishment."
2. SUPPLEMENTAL APPEALS PROCEDURES FOR PUNITIVE ACTIONS
INVOLVING FIREFIGHTER DISMISSAL DEMOTION OR SUSPENSION
FOR MORE THAN FIVE WORKDAYS
These procedures shall supplement Sections 2.28.070 and 2.28.150 of Chapter
2.28 of the City of El Segundo Municipal Code and Rules 14 and 15 of the City of El
Segundo Personnel Rules.
A firefighter who is suspended for more than five (5) workdays, but not for a
period in excess of thirty -one (31) workdays, shall be entitled to an appeal hearing
before the City of El Segundo City Council ( "City Council'), which hearing shall be
conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of
MOU Between the C tyr f E.I '�yt�r,,, znd T FT' Lc;���1 3642 47
s0i_t /11 r�) 216
Amended X jXX%:Z 1 : City Unj on
Division 3 of Title 2 of the California Government Code.
A firefighter who is suspended more than thirty -one (31) workdays; demoted; or
dismissed from employment shall be entitled to an appeal hearing before the Los
Angeles County Civil Service Commission ( "Commission ") which hearing shall be
conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the California Government Code.
a. Notice of Discipline as Accusation — The final notice of discipline which may
be issued at the conclusion of any pre - disciplinary procedures shall serve as
the Accusation as described in Government Code § 11500, et seq.
Pursuant to Government Code § 3254, subsection (f), a dismissal,
demotion or suspension for more than five workdays shall not be
effective sooner than 48 hours of issuance of the final notice of
discipline.
ii. The notice shall be prepared and served in conformity with the
requirements of Government Code §§ 11500, et seq. The notice shall
include a post card or other form entitled "Notice of Defense" which,
when signed, will acknowledge service of the accusation and constitute
notice of defense under Government Code § 11506.
iii. The accusation shall include or be accompanied by a statement to the
respondent (firefighter) stating that the respondent may request a
hearing by filing a notice of defense as provided in Government Code §
11506 within 15 days after service of the accusation, and that failure to
do so will constitute a waiver of respondent's right to a hearing. The
statement to respondent should be prepared in conformity with the
requirements of Government Code § 11505.
iv. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the California Government Code shall be
provided to the firefighter with the notice of discipline.
1 The Los Angeles County Civil Service Commission and the E1
Segundo City Council shall be referred to collectively in these
rules as "Commission/ City Council" inasmuch as the same
procedures apply to each. Which body conducts the hearing will
depend upon the punitive action being appealed.
MOU Between the C "it:j,r of E1 Sequndc) an<a _TAFF Local 3682 48
1C/1 �1_T T() �a l 217
Amended _Y /Yx /II . Ci t,> � �_,:c�n
b. Request for Appeal Hearing - A firefighter seeking to appeal to the
Commission/ City Council must file a timely Notice of Defense within 15
days after service of the accusation, in compliance with Government Code §
11506. Failure to file a timely Notice of Defense shall constitute a waiver of
the respondent's right to a hearing, unless the City Manager (or designee) in
his or her discretion nevertheless grants a hearing.
C. Administrative Law Judge- Pursuant to Government Code § 11512, the City
has determined that appeals shall continue to be heard by the Commission
(or its designee)/ City Council with the administrative law judge presiding at
the hearing, pursuant to California Government Code section 11512(b).
The administrative law judge shall rule on the admission and exclusion of
evidence and advise the Commission/ City Council on matters of law. The
Commission/ City Council shall exercise all other powers relating to the
conduct of the hearing.
d. Time and Place of Hearing - Pursuant to Government Code § 11508, unless
otherwise decided by the Commission/ City Council, a hearing shall be
conducted at the City of El Segundo City Hall at a time to be determined by
the Commission/ City Council.
e. Notice of the Hearing — Notice of the hearing shall be provided to the parties
at least 10 days prior to the date of the hearing and in a form consistent with
Government Code § 11509.
f. The burdens of proof and production of evidence shall be borne by the
employer. The standard of proof shall be by a preponderance of the
evidence.
g. The Commission/ City Council shall issue its decision pursuant to City of El
Segundo Municipal Code Section 2.28.070. The decision of the Los
Angeles County Civil Service Commission, or the City Council, as the case
may be, shall be in writing. Copies of the decision shall be delivered to the
parties personally or sent to them by registered mail and accompanied by a
proof of service.
h. The decision of the Los Angeles County Civil Service Commission, or the
City Council, as the case may be, is final. The decisions and findings of the
Los Angeles County Civil Service Commission, or the City Council, as the
MOU Between the City at El sec��zr.��l« anci 1�_AEF Vocal 3682 49
Anzended �' /.X.��j11 ; G'a' t-v____ %rr7.�. «n
case may be, shall be subject to review of courts only, pursuant to
Government Code § 11523.
3. SUPPLEMENTAL APPEALS PROCEDURES FOR PUNITIVE ACTIONS
NOT INVOLVING FIREFIGHTER DISMISSAL DEMOTION OR
SUSPENSION FOR MORE THAN FIVE WORKDAYS
Appeals from punitive actions other than suspensions for more than five
workdays, demotion, or dismissal, shall be conducted in accordance with the
appropriate procedures set forth in Rule 14 of the City of El Segundo Personnel Rules.
The Los Angeles County Civil Service Commission shall have no jurisdiction over an
appeal under this section. Nothing herein shall be interpreted to establish a property
interest in any assignment.
In addition, pursuant to Government Code §§ 11425.10 and 11445.20, the
following informal hearing procedure shall be utilized for an appeal by a firefighter of a
punitive action not involving a dismissal, demotion, or suspension for more than five
workdays. Examples of punitive actions subject to the informal hearing procedure,
include, but are not limited to, written reprimands and non - disciplinary transfers resulting
in a loss of compensation (e.g., non - disciplinary transfer out of a premium pay
assignment). The appeal is an opportunity for the firefighter to present written material
and arguments why a punitive action should not occur or offer alternatives to the action.
a. Effective Date of Punitive Action — Pursuant to Government Code §
3254, subsection (f), punitive action other than a dismissal, demotion or
suspension for more than five workdays shall not be effective sooner
than 48 hours of issuance of the final notice of discipline.
b. Notice of Appeal — Within five (5) work days of receipt by a firefighter of
notification of punitive action as set forth above in paragraph (1)(b), the
firefighter shall notify the Fire Chief in writing of the firefighter's intent to
appeal the punitive action. The notice of appeal shall specify the action
being appealed and any substantive and procedural grounds for the
appeal.
c. Presiding Officer — In an informal hearing, the Fire Chief or his /her
designee shall be the Presiding Officer. If the Fire Chief cannot serve
as the Presiding Officer because of actual bias, prejudice or interest as
defined by Government Code § 11425.40, then the City Manager or
designee shall serve as the Presiding Officer. The Presiding Officer, or
MOU Between the City of 1b'1 7e,TUM -10 �r ? ?AF'l�' Ln_c<il 3682 11 50
_7. 7'C? . 3 _ j , 1 ��
Amended X, %X_X j1 _z.: i t , Uri1 c >n
his or her designee, shall conduct the informal hearing in accordance
with these procedures. The decision of the Presiding Officer shall be
final and binding.
d. Burden of Proof- The Fire Department ( "Department ") shall bear the
burden of proof at the hearing.
If the punitive action involves charges of misconduct (i.e., allegations
that the firefighter has violated one or more federal, state, or local
laws, and /or City or Fire Department regulations, procedures, or
policies), the Department shall have the burden of proving by a
preponderance of the evidence the facts which form the basis for the
charge(s) and that the punitive action was reasonable under the
circumstances.
ii. If the action being appealed does not involve allegations of
misconduct by the firefighter, the limited purpose of the hearing shall
be to provide the firefighter the opportunity to establish a record of
the circumstances surrounding the action. The Department's
burden of proof shall be satisfied if the Department establishes by a
preponderance of the evidence that the action was reasonable. The
Department's burden of proof may be satisfied even though
reasonable persons may disagree about the appropriateness of the
action.
e. Conduct of Hearing-
The formal rules of evidence do not apply, although the Presiding
Officer shall have discretion to exclude evidence which is
incompetent, irrelevant or cumulative, or the presentation of which
will otherwise consume undue time.
ii. The parties may present opening statements.
iii. The parties may present evidence through documents and
testimony.
aa. Witnesses shall testify under oath.
bb. Subpoenas may be issued pursuant to Government Code §§
MOU Between the City Clf El TAFF Lccal 3682
10;.1 /i1
Amended u;1- -Y /11: lv'i tT,' Z1i22 71
51
2-20
11450.05 - 11450.50.
cc. If the punitive action being appealed is a written reprimand
and /or does not involve a loss of compensation, the parties
shall not be entitled to confront and cross - examine witnesses.
iv. Following the presentation of evidence, if any, the parties may
submit oral and /or written closing arguments for consideration by the
Presiding Officer.
f. Recording of the Hearing- If the punitive action involves the loss of
compensation, then the hearing shall be stenographically recorded by a
certified court reporter. Otherwise, the hearing may be tape recorded.
The per diem cost of the court reporter shall be equally borne by the
parties. The cost to receive a transcript of the hearing shall be borne by
the party requesting the transcript.
g. Representation- The firefighter may be represented by an association
representative or attorney of his or her choice at all stages of the
proceedings. All costs associated with such representation shall be
borne by the firefighter.
h. Decision- The decision shall be in writing pursuant to Government Code
§ 11425.50. The decision shall be served by first class mail, postage
pre -paid, upon the firefighter as well as his /her attorney or
representative, shall be accompanied by an affidavit or certificate of
mailing.
Judicial Review in Limited Circumstances - Where the cross-
examination of witnesses was allowed during the informal hearing,
either party may seek judicial review of the decision pursuant to Code of
Civil Procedure § 1094.6. Where the cross - examination of witnesses
was not allowed, neither party may seek judicial review of the decision;
the Presiding Officer's decision is final and binding, without further
appeal or review.
MOU Between the CJ t,' Of r'_i_ �..zJ.t;..,
Ynd LAFF Lc cal 368' 52
Amended .� /X_' /1:1.: - -- rz�.or� -- 221
EL SEGUNDO CITY COUNCIL MEETING DATE: October 4, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of a Memorandum of Understanding (Labor
Agreement) between the City of El Segundo and the El Segundo Police Managers' Association.
(Fiscal Impact: Estimated Savings FY 2011/2012 of $ 205,490.24)
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 2011/2012 of $ 205,490.24
Amount Budgeted:
Additional Appropriation: None
Account Number(s):
ORIGINATED BY: Deborah Cullen, Finance /Human Resources Directo�cl
REVIEWED BY:
APPROVED BY: Doug Willmore, City Manager
BACKGROUND AND DISCUSSION
Staff and representatives of the El Segundo Police Managers' 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 September 26, 2011.
The Agreement contains the following major provisions:
Term - October 1, 2011 — September 30, 2013 with the Association's option to extend to September
30, 2014. Association shall notify the City of its decision to extend by March 30, 2013.
2. Employer -Paid Member Contribution (EPMC) -- Employees will pay three percent (3 %) of the
EPMC.
Vacation Buy -Back — Reduced from a maximum of two hundred (200) hours to thirty -five (3 5) hours.
4. Vacation Accruals — Annual accrual adjusted to bring unit more in line with other police safety group.
13
2 22
Deferred Compensation — 401(a) one percent (M) match eliminated.
6. Retirement Formula —As soon as practicable, the City shall amend its contract with PERS to establish
a two -tier retirement formula of 3 % @55 for new hires.
7. Concessions Reopener - The City will reopen meet and confer on concessions if a budget review for
Fiscal Year 2012 reveals City deficit estimates for Fiscal Year 2011 -2012 were inaccurate by an
agreed -upon amount.
Limited Layoff language guaranteeing no layoffs will occur unless general fund core gross revenues
for any six month period fall seven and one -half percent (7.5 %).
Cost of Living Adjustment (COLA) Language — Employees entitled to a Cost of Living Increase if
general fund core gross revenues increase by $1.5 million during designated time periods. COLA to
be determined by CPI -U for the Los Angeles- Riverside - Orange County region for the agreed -upon
time period.
10. Clean -up language includes the following:
a. Catastrophic Leave Program information updated to be consistent with City's Policy.
b. Disability Retirement Appeals Procedures Policy — effective date updated.
-2- 22 23
RESOLUTION NO.
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO,
CALIFORNIA AND THE EL SEGUNDO POLICE MANAGERS'
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 that
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 4th day of October , 2011.
Eric K. Busch,
Mayor
224
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 4th day of October, 2011, 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
, 2011.
Cindy Mortesen, City Clerk
of the City of El Segundo,
California
(SEAL)
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
0
Karl H. Berger
Assistant City Attorney
225
COMPREHENSIVE MEMORANDUM
r/n
UNDERSTANDING
EL SEGUNDO POLICE
MANA GERS' ASSOCIA TION
October 1, 2011— September 30, 2013
TABLE OF CONTENTS
ARTICLEI
GENERAL PROVISIONS ................................................................................... ..............................I
Section1.01
..............................5
Preamble ...................................................................................................
..............................1
Section1.02
..............................5
Management Rights ..................................................................................
..............................1
Section1.03
..............................5
Savings Clause .........................................................................................
..............................2
Section1.04
..............................6
No- Strike Clause ......................................................................................
..............................2
Section
1.05
Association Dues Deduction ....................................................................
..............................2
Section
1.06
Compaction — Statement of Intent ............................................................
..............................2
Section
1.07
Completion of Meeting and Negotiating ..................................................
..............................2
Section1.08
Non - Discrimination ..................................................................................
..............................3
ARTICLE2
SALARY
................................................................................................................
..............................3
Section2.01
Base Salary ...............................................................................................
..............................3
Section
2.02
Regular Rate of Pay Defined ....................................................................
..............................4
Section
2.03
Salary Schedule Calculation Methodology ...............................................
..............................4
Section
2.04
Step Advancement — Accelerated .............................................................
..............................4
Section
2.05
Notice Requirement to Withhold Step Increase .......................................
..............................4
ARTICLE 3
EDUCATIONAL INCENTIVE PAY ................................................................. ..............................5
Section
3.01
Educational Incentive Pay ........................................................................
..............................5
ARTICLE 4 TUITION AND BOOK REIMBURSEMENT PROGRAM ............................. ..............................5
Section4.01
Policy and Eligibility ................................................................................
..............................5
Section
4.02
Undergraduate Studies ..............................................................................
..............................5
Section4.03
8.03
Post - Graduate Studies ..............................................................................
..............................5
Section
4.04
Certification Requirement for Educational Compensation .......................
..............................6
ARTICLE5 PROMOTIONS ................................................................................................... ..............................6
Section 5.01 Salary Differential upon Promotion .......................................................... ..............................6
ARTICLE6 NO- SMOKING CLAUSE .................................................................................... ..............................6
Section6.01 Establishment ........................................................................................... ..............................6
ARTICLE7 OVERTIME COMPENSATION ....................................................................... ..............................6
Section7.01 Pay for Shift Schedule .............................................................................. ..............................7
ARTICLE 8 PHYSICAL FITNESS INCENTIVE PROGRAM ............................................. ..............................7
Section8.01
Purpose .....................................................................................................
..............................7
Section8.02
Department Policy ....................................................................................
..............................7
Section
8.03
Program Components ...............................................................................
..............................7
Section
8.04
Physical Fitness Incentive Program Pay ...................................................
..............................8
1
X21
Section 8.05 Payment of Physical Fitness Incentive Program Pay — Death of Employee ...........................8
ARTICLE 9 COMPREHENSIVE MEDICAL EXAMINATION ......................................... ..............................8
Section 9.01 Annual Comprehensive Medical Examination ......................................... ..............................8
Section9.02 Heart Scan ................................................................................................ ..............................8
ARTICLE10 EXECUTIVE LEAVE .......................................................................................... ..............................8
Section10.01 Entitlement ............................................................................................... ..............................8
ARTICLE11 MARKSMANSHIP PAY ..................................................................................... ..............................9
Section11.01 Marksmanship Pay ................................................................................... ..............................9
Section 11.02 Payment of Marksmanship Pay — Death of Employee ............................. ..............................9
ARTICLE12 COMPENSATORY TIME .................................................................................. ..............................9
Section12.01 Maximum Accrual .................................................................................... ..............................9
Section 12.02 Payment of Compensatory Time — Death of Employee ............................ ..............................9
ARTICLE13 HOLIDAY LEAVE .............................................................................................. ..............................9
Section
13.01
Holiday Leave — Captains ....................................................................... ..............................9
Section
Section
13.02
Personal Leave /Floating Holiday — Captains .......................................... .............................10
15.03
Section
13.03
Holiday Pay — Lieutenants ...................................................................... .............................10
Vacation Time Accrual — Payment in Lieu Of ........................................ .............................12
ARTICLE14 SICK LEAVE ....................................................................................................... .............................10
15.05
Section
14.01
Sick Leave — Leave with Pay Due to Illness — Accumulation of Same ... .............................10
Payment of Vacation Time — Death of Employee ................................... .............................12
Section
14.02
Sick Leave Accumulated for Physical Examination ................................ .............................10
Section
14.03
Sick Leave — Payment of Seventy -Five Percent (75 %) of Accrual ......... .............................10
Section
14.04
Sick Leave Accrued — Payment on Separation Prior to December 1 ....................................
11
Section
14.05
Payment of Sick Leave Accrual — Disability Retirement ........................ .............................11
Section
14.06
Payment of Sick Leave Accrual — After 20 Years of City Service .......... .............................11
Section
14.07
Payment of Sick Leave Accrual — On Separation from The City of El Segundo .................11
Section
14.08
Payment of Sick Leave Accural — Death of Employee ........................... .............................11
Section
14.09
Sick Leave Accumulated for Care of Immediate Family ....................... ...............................
l l
ARTICLE15 VACATION LEAVE ........................................................................................... .............................12
Section15.01
Vacation Time Use .................................................................................. .............................12
Section
15.02
Vacation Accrual Schedule ..................................................................... .............................12
Section
15.03
Vacation Accrual Based on Total Service Time in a PERS or Comparable Agency ............ 12
Section
15.04
Vacation Time Accrual — Payment in Lieu Of ........................................ .............................12
Section
15.05
Vacation Time Accrual — For Temporary Industrial Disability ............... .............................12
Section
15.06
Payment of Vacation Time — Death of Employee ................................... .............................12
ARTICLE16 BEREAVEMENT LEAVE ................................................................................. .............................12
ii �i") 0
Section
16.01 Bereavement Leave with Pay .................................................................. .............................12
ARTICLE17
JURY DUTY ........................................................................................................ .............................13
Section17.01
Provisions ................................................................................................ .............................13
ARTICLE18
EXCEPTIONAL LEAVE ................................................................................... .............................13
Section18.01
Provision .................................................................................................. .............................13
ARTICLE 19
PERSONAL EMERGENCY LEAVE ................................................................ .............................13
Section
19.01 Personal Emergencies — Use of Eligible Leaves ...................................... .............................13
ARTICLE20
HEALTH BENEFITS ......................................................................................... .............................15
Section20.01
Medical Contract ..................................................................................... .............................15
Section
20.02 City Medical Contribution ....................................................................... .............................15
Section
20.03 Optical, Dental, and Life Insurance ......................................................... .............................15
Section
20.04 Employee Assistance Program (EAP) ..................................................... .............................15
Section
20.05 Medical Insurance Continuation — On Duty Death ................................. .............................15
ARTICLE 21
UNIFORMS AND SAFETY EQUIPMENT ...................................................... .............................16
Section
21.01 Provision of Uniforms and Safety Equipment ......................................... .............................16
Section21.02
Uniform Allowance ................................................................................. .............................16
ARTICLE22
RETIREMENT BENEFITS ............................................................................... .............................16
Section
22.01 PERS Retirement Formula ...................................................................... .............................16
Section
22.02 PERS Pickup Reported as "Compensation Earnable.. ............................ .............................16
Section
22.03 Monetary Value of Employer -Paid Member Contributions (EPMC) ...... .............................16
Section
22.04 Optional Contract Provisions ................................................................... .............................17
Section
22.05 Retiree Health Insurance Contribution Program ...................................... .............................17
ARTICLE 23
DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT ...................... .............................17
Section23.01
Direct Deposit ......................................................................................... .............................17
Section
23.02 Flexible Spending Account ..................................................................... .............................17
ARTICLE24
COMPUTER LOAN PROGRAM ...................................................................... .............................17
Section24.01
Initial Loan .............................................................................................. .............................17
ARTICLE25 DEFERRED COMPENSATION ....................................................................... .............................17
Section
25.01 Deferred Compensation Plan 457
17
Section
25.02 Deferred Compensation Plan 401a
18
Section
25.03 Deferred Compensation "Catch Up" Provision ....................................... .............................18
r2 29,
iii
ARTICLE 26 CATASTROPHIC LEAVE PROGRAM ........................................................... .............................18
Section26.01 Purpose .................................................................................................... .............................18
Section26.02 Definition ................................................................................................ .............................18
Section26.03
POLICIES ............................................................................................................
Procedures ...............................................................................................
.............................18
ARTICLE27
LAYOFF PROCEDURES ..................................................................................
.............................18
Section27.01
31.02
Grounds for Layoff ..................................................................................
.............................18
Section27.02
31.03
Notice to Employees ................................................................................
.............................19
Section27.03
31.04
At -Will Employees ..................................................................................
.............................19
Section
27.04
Procedures for Layoff ..............................................................................
.............................19
Section27.05
Breaking Ties ..........................................................................................
.............................19
Section
27.06
Reduction to a Vacant Position ...............................................................
.............................19
Section27.07
Displacement Rights ................................................................................
.............................20
Section27.08
Salary Placement .....................................................................................
.............................20
Section27.09
Reemployment List .................................................................................
.............................20
Section27.10
Letter of Layoff .......................................................................................
.............................20
Section
27.11
Rights on Reemployment ........................................................................
.............................20
Section27.12
Appeal .....................................................................................................
.............................20
ARTICLE28 GRIEVANCE PROCEDURE .............................................................................
.............................21
Section28.01
Definition of Terms .................................................................................
.............................21
Section28.02
Time Limits .............................................................................................
.............................21
Section
28.03
Procedure for Filing a Grievance .............................................................
.............................21
Section
28.04
Grievance Procedure ...............................................................................
.............................21
Section 28.05 Matters Excluded From the Grievance Procedure ................................... .............................22
Section28.06 Conferences ............................................................................................. .............................22
ARTICLE29 POBR LIMITED APPEALS .............................................................................. .............................22
Section29.01 Provisions ................................................................................................ .............................22
ARTICLE 30 TEMPORARY SERVICE IN HIGHER CLASSIFICATION ......................... .............................24
Section 30.01 Acting Pay ............................................................................................. ...............................
24
ARTICLE31
POLICIES ............................................................................................................
.............................24
Section
31.01
Occupational Injury and Illness Policy ....................................................
.............................24
Section
31.02
Disability Retirement Policy
24
Section
31.03
Fitness for Duty Policy ............................................................................
.............................24
Section
31.04
Substance Abuse Policy and Drug -Free Workplace Statement
............... .............................24
iv ,)0
ARTICLE32 TERM OF AGREEMENT .................................................................................. .............................25
Section32.01 Term ........................................................................................................ .............................25
231
MEMORANDUM OF UNDERSTANDING
between the
EL SEGUNDO POLICE MANAGERS' ASSOCIATION,
and
THE CITY OF EL SEGUNDO, CALIFORNIA
ARTICLE 1 GENERAL PROVISIONS
Section 1.01 Preamble
This Memorandum of Understanding (MOU) is entered into with reference to the following:
A. The El Segundo Police Managers' Association (hereinafter referred to as the "Association ") is the
exclusively recognized employee organization for all personnel employed by the City of El
Segundo (hereinafter referred to as "City") in the unit of representation including the following
classifications and positions (hereinafter referred to as "affected employees "): Police Lieutenant
and Police Captain. During the life of this agreement, such exclusive recognition may only be
modified pursuant to the provisions of City Resolution No. 3208.
B. In the interest of maintaining harmonious relations between the City and the affected employees,
authorized representatives of the City Council of City and the Association have met and conferred
in good faith, exchanging various proposals concerning wages, hours and the terms and
conditions of employment of affected employees within the lawful scope of representation of
Association pursuant to California Government Code Sections 3500 et. seq. and City Resolution
Number 3208.
C. The authorized representatives of the City Council of City and the Association have reached a
mutual agreement as to certain wages, hours and other terms and conditions of employment of the
affected employees, this memorandum of which shall be submitted to the City Council of City for
its consideration and if adopted, for implementation of its terms and conditions by appropriate
ordinance, resolution or other lawful action. This MOU is a comprehensive statement of agreed -
upon wages, hours and other terms and conditions of employment.
D. Unless otherwise provided for herein, all terms and conditions described herein shall be effective
upon adoption of the MOU by the City Council.
Section 1.02 Management Rights
A. Except as limited by the specific and express terms of this MOU, the City hereby retains and
reserves unto itself all rights, powers, authority, duty, 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.
B. The management and the 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 right 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; suspend or discharge
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.
23?
Section 1.03 Savings Clause
If any provision or the application of any provision of this MOU shall be rendered or declared invalid
by any final court action or decree, or by reason of any preemptive legislation, the remaining sections
of this MOU shall remain in full force and effect for the duration of said MOU.
Section 1.04 No- Strike Clause
A. The El Segundo Police Managers' 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
slowdown, engage in any concerted failure to report for duty, or fail to perform their duties in
whole or in part for the purpose of inducing, influencing, or coercing a change in the conditions,
or compensation, or the rights, privileges, or obligations of employment.
B. The Association also agrees that their members employed by the City of El Segundo will not
refuse to cross a picket line in performance of their normal and customary duties, nor will the
aforementioned employee organization attempt to influence, either directly or indirectly, other
employees to honor an existing picket line in the performance of their normal and customary
duties as employees.
C. It is understood that any affected employee violating this provision maybe subject to discipline
up to and including termination by the City.
D. It is understood that in the event this provision is violated the City may be entitled to withdraw
any rights, privileges or services provided for in this MOU or in City policy from any affected
employee and/or the Association.
Section 1.05 Association Dues Deduction
The City agrees to:
A. Provide official dues deductions for all affected employees who subscribe to Association
membership;
B. Provide official payroll deductions for City- approved Association insurance and welfare plans,
not to exceed five programs.
Section 1.06 Compaction — Statement of Intent
The City strives to compensate affected employees at a reasonable level above the classification they
supervise. Additionally, the City strives to compensate captains at a reasonable level above
lieutenants. Typically a difference of five percent (5 %) is targeted, with the specific percentage
determined by internal and external comparability data, City finances, and other labor relations factors
and consideration.
Section 1.07 Completion of Meeting and Negotiating
A. This MOU contains all of the covenants, stipulations and provisions agreed upon by the parties
regarding terms and conditions of employment. Therefore, for the life of this MOU, neither party
shall be compelled to meet and confer with the other party concerning any mandatory meet and
confer issue which is covered by this MOU.
B. The wages, hours, benefits and other terms and conditions of employment covered by this MOU,
including those wages, hours, benefits and other terms and conditions of employment in existence
and spelled out by the City's Personnel Rules, Administrative Code and other Ordinances and
2 233
Resolutions approved by the City Council prior to this MOU, although not specifically referred to
by this MOU, shall constitute the wages, hours, benefits and other terms and conditions of
employment for the term of this MOU.
C. Disagreements involving the interpretation and application of this section will be resolved by
accessing the Association's Grievance Policy at Level IV (City Manager).
Section 1.08 Non - Discrimination
A. The Association and the City recognize and agree to protect the rights of all affected employees to
join and/or participate in protected Association activities or to refrain from joining or participating
in Association activities.
B. The Association and the City 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
Association and the City shall reopen any provision of this MOU for the purpose of complying
with any final order of a Federal or State agency or court of competent jurisdiction requiring a
modification or change in any provision or provisions of this MOU in compliance with State or
Federal anti - discrimination laws.
ARTICLE 2 SALARY
Section 2.01 Base Salar-y -Cost of Living Adjustment
1. If general fund actual core gross revenues increase by $1.5 million or more in
fiscal year 2011 -12 compared to fiscal year 2010 -2011 and /or by $1.5 million in fiscal
2012 -13 as compared to 2011 -12, then the employees covered under this MOU will be
entitled to a COLA increase effective the pay period including October 1 of the fiscal year
immediately following the qualifying fiscal year(s). In other words, if the general fund
actual core gross revenues in fiscal year 2011 -12 and /or 2012 -13 are $1.5 million or more
greater than those in the previous fiscal year, the COLA increase will take effect October
1, 2012 and /or 2013. The amount of the COLA increase will be based upon the percentage
increase in the Consumer Price Index (CPI -U) in the Los Angeles- Riverside - Orange
County geographic area for the twelve month period ending the most recent August 31.
Core gross revenues for this section shall mean all revenues except Net of All Transfers,
other Licenses and Permits (account numbers: 3400 -3499) and Charges for Services
(account numbers: 3800 - 3899).
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eeti,,,e the fff st p �,r_011 eefaffieneing oil e after- Oeteber- 1, 2009, the base salaf�, schedule
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Section 2.02 Regular Rate of Pay Defined
A. The "regular rate of pay" is the hourly rate which includes all remunerations paid to or on behalf
of the employee (including Educational Incentive Pay and the City paid nine - percent (9 %)
CalPERS Employer Paid Member Contribution) except gifts, travel expenses, other reimbursable
expenses, payments not mandated by the MOU or other rules /regulations, retirement and
insurance contributions by the City, overtime and holiday pay. Use of the term "regular rate of
pay" is not intended by any party to create overtime eligibility unless specifically provided for in
this MOU.
B Affected employees shall be paid their regular rate of pay for the following:
1. Overtime.
2. Holiday Pay.
3. Vacation Sell Back.
4. Sick Time Pay Out.
5. Earned Compensatory Time Sell Back.
6. Physical Fitness Incentive Program Pay.
7. Marksmanship Pay.
Section 2.03 Salary Schedule Calculation Methodology
An affected employees' regular rate of pay is calculated in dollars and cents rounded off to two (2)
decimal places to the right of the decimal point, and adjusted to reflect the intent to maintain the
specific and proportional percent differences between salary ranges and salary steps previously
approved by the City.
Section 2.04 Step Advancement — Accelerated
The Police Chief may recommend to the Director of Human Resources for approval by the City
Manager that an affected employee receive an accelerated advancement of part or all of the next salary
step increase in the Basic Salary Range (A — E Steps) based on exemplary job performance. The
accelerated salary advancement shall not change the affected employee's anniversary date.
Section 2.05 Notice Requirement to Withhold Step Increase
2 3 1;
4
The City shall have the option during or after the term of this MOU to provide affected employees
written notice of the intent to withhold a salary step increase and the reasons for same no later than the
end of the pay period which begins after the affected employee's anniversary date.
ARTICLE 3 EDUCATIONAL INCENTIVE PAY
Section 3.01 Educational Incentive Pay
A. Effective July 1, 2008, affected employees holding a Master's Degree shall be eligible for
educational incentive compensation to be paid per pay period as follows:
1. Police Lieutenants: $398.97
2. Police Captains: $451.40
B. The parties are of the opinion that Educational Incentive Pay qualifies as compensation rnable
pursuant to Section 20636 of the California Government Code and Section 571(a)(1) 1 ) of the
California Code of Regulations. However, the City makes no representation of law as the validity
of that opinion and does not warrant its validity.
ARTICLE 4 TUITION AND BOOK REIMBURSEMENT PROGRAM
Section 4.01 Policy and Eligibility
The following college -level tuition and book reimbursement program shall be applicable to all affected
employees.
Section 4.02 Undergraduate Studies (Studies undertaken in pursuit of an Associate's or a Bachelor's degree)
A. The City shall reimburse each affected employee pursuing undergraduate studies in an amount
equal to 100% of tuition and book expenditures incurred while employed by the City and while a
student at any accredited college or university having its campus in the State of California.
However, the tuition reimbursement described herein, shall not exceed the per -unit tuition cost
required by the University of California or California State University, whichever is higher.
B. Tuition and book reimbursement shall be provided only for those classes in which a certified
college or university transcript evidences the employee attaining a grade of "C" or better (or
where classes are taken "pass /fail," evidence must be provided of a "pass" grade) in classes
approved pre - enrollment by the Chief of Police or his/her designee.
Section 4.03 Post - Graduate Studies (Post- Graduate studies are defined as those undertaken in pursuit of a
degree beyond a Bachelor's).
A. The City shall reimburse each affected employee pursuing post - graduate studies in an amount
equal to 100% of tuition and book expenditures incurred while employed by the City and while
pursuing said studies at the University of California or California State University.
B. The City shall reimburse each affected employee pursuing post - graduate studies at other
accredited institutions, in an amount equivalent to 80% of the tuition and book expenditures
incurred while employed by the City and while pursuing said studies.
C. Tuition and book reimbursement shall be provided only for those classes in which a certified
university transcript evidences the employee attaining a grade of "C" or better (or where classes
are taken "pass /fail," evidence must be provided of a "pass" grade) in classes approved pre-
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s
enrollment by the Chief of Police or his/her designee.
Section 4.04 Certification Requirement for Educational Compensation
Affected employees who participate in the Educational Reimbursement Program will be required to
sign the following agreement:
Educational Reimbursements — "I certify that I successfully completed the course(s), receiving at least
a grade of "C" of better, or a grade of "pass," if the course was offered on a pass /fail basis. (Attach a
copy of grade verification). "Further, 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, in accordance with the following schedule."
Employee Separation Percentage Payback
1 month after course completion
100% refund
2 months after course completion
100% refund
3 months after course completion
90% refund
4 months after course completion
80% refund
5 months after course completion
70% refund
6 months after course completion
60% refund
7 months after course completion
50% refund
8 months after course completion
40% refund
9 months after course completion
30% refund
10 months after course completion
20% refund
I 1 months after course completion
10% refund
12 months after course completion
0% refund
ARTICLE 5 PROMOTIONS
Section 5.01 Salary Differential upon Promotion
In all cases where an affected employee is promoted to a classification regulated by this MOU 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 in such given classification at the time of such promotion, unless otherwise
ordered by the City Council. All supervisors shall be paid a higher base salary than any of their
regularly assigned subordinates (exclusive of longevity pay, educational incentive pay, special
assignment, or any other form of compensation). In the event that a supervisor is paid a base salary
equal to or lower than one of their regularly assigned subordinate's base salary, the supervisor shall be
granted a higher base salary (exclusive of longevity pay, educational incentive pay, special assignment
or any other form of compensation) even if the supervisor's new base salary is not the same as an
existing pay step in the Salary Schedule. Notwithstanding the above, the supervisor's salary shall not
exceed the salary range for which he /she is eligible by length of service and performance.
ARTICLE 6 NO- SMOKING CLAUSE
Section 6.01 Establishment
Affected employees initially hired on or after July 1, 1988, shall, as a condition of initial and
continued employment, refrain from smoking and/or using tobacco products at any time on or off duty.
ARTICLE 7 OVERTIME COMPENSATION
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Section 7.01 Pay for Shift Schedule
Police Lieutenants shall be paid time and one -half of their regular rate of pay for time worked on a
shift basis in excess of their regular work shift, in any one day or more than forty hours per week,
excluding hours worked involving hold -over for non -shift work, or work due to staff meetings or
training.
ARTICLE 8 PHYSICAL FITNESS INCENTIVE PROGRAM
Section 8.01 Purpose
It is the purpose of the El Segundo Police Department Physical Fitness Incentive Program to improve
the level of physical fitness and health among sworn police personnel so that their field performance
will be enhanced and also to improve their overall degree of wellness as an enrichment to their
personal lives as well as a productivity benefit to the City.
Section 8.02 Department Policy
It will be the policy of the Police Department to work with employees individually and assist those
that need to improve their lifestyle habits in order that fitness levels can be improved.
Section 8.03 Program Components
The Physical Fitness Incentive Program will consist of two basic components; they are a fitness
examination and a fitness assessment.
A. Fitness Examination:
An annual fitness examination is a mandatory component of the Physical Fitness Incentive
Program. The examination will be comprehensive and will include the cardio- vascular system, the
pulmonary function, a complete blood work -up, body composition analysis, the lower digestive
tract, and a strength assessment. It will also include a complete medical history review with a
physician and a subsequent review of the findings as well as an exercise /nutritional prescription.
B. Fitness Assessment:
1. The fitness assessment is a voluntary component of the Physical Fitness Incentive Program
and will be administered by a department fitness coordinator and fitness committee.
2. The fitness assessment will be a test to measure components of physical fitness which are:
a. Cardio- vascular
b. Strength
c. Body composition
d. Flexibility
3. The fitness assessment will be administered quarterly and will apply standards developed and
used by the Cooper Aerobics Institute, Dallas, Texas, and include sliding scales based on age
and sex.
4. A profile will be developed following the fitness assessment which will categorize
participants into levels of fitness.
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Section 8.04 Physical Fitness Incentive Program Pay
A. Affected employees will receive their regular rate of pay for meeting the following physical
fitness standards:
Fitness Level Pay per Quarter
(3 Calendar Months)
Excellent 16 hours of pay
Good 8 hours of pay
Fair 4 hours of pay
B. The parties are of the opinion that Physical Fitness Incentive Program Pay qualifies as
compensation earnable pursuant to Section 20636 of the California Government Code and Section
571(a)(1) of the California Code of Regulations. However, the City makes no representation of
law as the validity of that opinion and does not warrant its validity.
Section 8.05 Payment of Physical Fitness Incentive Program Pay — Death of Employee
In the event of an affected employee's death, earned, but not yet distributed Physical Fitness Incentive
Program Pay shall be compensated in an amount equal to one - hundred percent (100 %) of the value of
such physical fitness incentive program pay based upon the affected employee's regular rate of pay at
the time of death and shall be distributed to the affected employee's beneficiary.
ARTICLE 9 COMPREHENSIVE MEDICAL EXAMINATION
Section 9.01 Annual Comprehensive Medical Examination
Affected employees are provided a fully -paid, comprehensive medical examination each year. The
City currently utilizes the Westchester Medical Group /Center for Heart and Health for the
examinations. The results of the examination include extensive written documentation and feedback,
fitness consultation, recommended further testing and/or adjustments to current lifestyle practices and
ongoing monitoring.
Section 9.02 Heart Scan
Effective July 1, 2008, each affected employee shall be eligible to receive a heart scan to be conducted
once every two (2) years at City expense. Eligibility for the heart scan shall be determined by the
examining physician at the Westchester Medical Group /Center for Heart and Health during the
employee's annual medical examination. The physician shall determine whether or not undertaking a
heart scan is reasonable and appropriate.
ARTICLE 10 EXECUTIVE LEAVE
Section 10.01 Entitlement
A. Affected employees shall be granted fifty -six (56) hours executive leave per calendar year.
B. Twenty-eight (28) hours of executive leave hours maybe carried over and accumulated from year
to year; not to exceed a cap of eighty-four (84) hours.
C. Such hours are not eligible for pay out upon retirement or separation of employment.
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ARTICLE 11 MARKSMANSHIP PAY
Section 11.01
Section 11.02
ARTICLE 12
Section 12.01
Section 12.02
ARTICLE 13
Section 13.01
Marksmanship Pay
A. Affected employees will receive their regular rate of pay for meeting the following firearms
standards:
Class
Distinguished Expert
Expert
Sharpshooter
Marksman
Pay for Proficiency
per Quarter Q Calendar Months)
8 hours of pay
6 hours of pay
4 hours of pay
0 hours of pay
B. The parties are of the opinion that Marksmanship Pay qualifies as compensation ( earnable
pursuant to Section 20636 of the California Government Code and Section 571 a 1 ) of the
California Code of Regulations. However, the City makes no representation of law as the validity
of that opinion and does not warrant its validity.
Payment of Marksmanship Pay — Death of Employee
In the event of an affected employee's death, earned, but not yet distributed Marksmanship Pay shall
be compensated in an amount equal to one - hundred percent (100 %) of the value of such marksmanship
pay based upon the affected employee's regular rate of pay at the time of death and shall be distributed
to the affected employee's beneficiary.
COMPENSATORY TIME
Maximum Accrual
A bank shall be established for the accumulation of compensatory time off, with a maximum accrual
of eighty (80) hours.
Payment of Compensatory Time — Death of Employee
In the event of an affected employee's death, earned, but not yet used Compensatory Time shall be
compensated in an amount equal to one - hundred percent (100 %) of the value of such compensatory
time based upon the affected employee's regular rate of pay at the time of death and shall be
distributed to the affected employee's beneficiary.
HOLIDAY LEAVE
Holiday Leave — Captains
Police Captains shall be entitled to the following holidays:
January 1"
The third Monday of January
The third Monday in February
The last Monday in May
July 4t'
The first Monday in September
November I I'h
Thanksgiving day and Friday thereafter
C
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December 24t`
December 25b
December 315`
provided, however, (a) that in the event any of the hereinbefore mentioned holidays falls on the last
day a Captain is off on his or her regular days off period, the following day shall be observed as a
holiday for the purpose of this section; provided, further, however, (b) that in the event any of the
hereinbefore mentioned holidays falls on the first day of a Captain's regular days off period, the
previous day shall be considered as a holiday for the purpose of this section.
Section 13.02 Personal Leave/Floating Holiday — Captains
In addition to the holidays enumerated in Section 12.0 1, each Police Captain who has completed six
(6) months of service shall be entitled to select one (1) day per calendar year as a Personal
Leave/Floating Holiday with the approval of the Police Chief. The City may, at its discretion, grant
additional hours of leave which may be utilized in the calendar year in which it is granted.
Section 13.03 Holiday Pay — Lieutenants
A. Police Lieutenants shall be paid for one hundred -four (104) hours in lieu of holidays once a year
on or about December 10.
B. In the event of the death of an affected employee serving as a Lieutenant or upon separation from
service, affected employees serving as a Lieutenant shall be paid holiday pay on a pro -rata basis.
Additionally, affected employees serving as Lieutenants less than one (1) year shall be paid
holiday pay on a pro -rata basis.
C. Upon the request of an affected employee serving as Lieutenant and with department head
approval, time off may be taken in lieu of holiday pay.
ARTICLE 14 SICK LEAVE
Section 14.01 Sick Leave — Leave with Pay Due to Illness — Accumulation of Same
Sick Leave with pay may be granted for an absence from duty because of personal illness, injury or
legal quarantine not compensable under the provisions of the Workers' Compensation Laws of the
State of California. Affected employees shall accumulate sick leave at the rate of one (1) eight (8) hour
day accumulation for each month's service not to exceed a maximum of 1056 hours. Hours worked in
addition to a regular work week shall not entitle an employee to additional sick leave accumulation.
Sick leave taken by an employee shall be deducted from his or her accumulated credit.
Section 14.02 Sick Leave Accumulated for Physical Examination
The City will allow up to two (2) days of accumulated sick leave each year to be used for purposes of
physical examinations, subject to submission of a doctor's verification.
Section 14.03 Sick Leave — Payment of Seventy -Five Percent (75 %) of Accrual
Effective the first day of December of each year, affected employees who maintain a balance of 1056
hours of sick leave accrual shall be paid for seventy-five percent (75 %) of the sick leave accumulated
and not used during the preceding twelve -month period. Payment shall be paid at the affected
employee's regular rate of pay and be paid on or before December 10.
10 4L
Section 14.04 Sick Leave Accrued — Payment on Separation Prior to December 1
Affected employees who separate employment prior to the first day of December while maintaining a
balance of more than 1056 hours of sick leave shall be paid for seventy-five percent (75 %) of their
unused accrued sick leave accumulated since the preceding December 1. Payment shall be paid at the
affected employee's regular rate of pay.
Section 14.05 Payment of Sick Leave Accrual — Disability Retirement
Upon separation from service because of a disability retirement, affected employees with five (5) years
of City service will be compensated for one - hundred percent (100 %) of the affected employee's
accumulated unused sick leave at the affected employee's regular rate of pay at separation.
Section 14.06 Payment of Sick Leave Accrual — After 20 Years of City Service
Upon separation from service, affected employees with twenty (20) years of City service will be
compensated for one - hundred percent (100 %) of the employee's accumulated, unused sick leave at
the affected employee's regular rate of pay at separation.
Section 14.07 Payment of Sick Leave Accrual — On Separation from The City of El Segundo
An affected employees who has been employed by the City for five (5) or more years who separates
from the City with unused sick leave to their credit, will be compensated in an amount equal to one -
half (1/2) the value of such sick leave based upon the affected employee's regular rate of pay at the
time of separation.
Section 14.08 Payment of Sick Leave Accrual — Death of Employee
In the event an affected employee who has been employed by the City for five (5) years or more in a
full -time position, dies with unused sick leave to his or her credit, an amount equal to one - hundred
percent (100 %) of the value of such sick leave based upon the affected employee's regular rate of pay
at the time of death and shall be distributed to the affected employee's beneficiary.
Section 14.09 Sick Leave Accumulated for Care of Immediate Family
The City shall allow up to twelve (12) days of accumulated sick leave each calendar year to be use for
purposes of medical emergencies, doctor visits and homecare of members of the immediate family.
Usage would also be permitted under the following instances:
1. The birth of a child of an employee, and to care for a newborn.
2. The placement of a child with an employee in connection with the adoption or foster care of a
child by an employee.
3. To care for a member of the immediate family who has a serious health condition.
For the purpose of this section, "immediate family" shall mean the children, parents, grandparents, and
siblings of the affected employee, the affected employee's spouse or significant other.
All applicable sections of City Personnel Rules relative to the documentation and verification of sick
leave usage remain in full force and effect.
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ARTICLE 15 VACATION LEAVE
Section 15.01 Vacation Time Use
Affected employees shall accrue vacation time on a monthly basis. Vacation leaves may be taken only
after an affected employee has completed six (6) months of continuous service with the City.
Section 15.02 Vacation Accrual Schedule
Affected employees shall accrue vacation time according to the following schedule:
A Ninety -six (96) hours per year with full salary for first five (5) years of continuous service with
the City.
B One hundred - twenty (120) hours per year with full salary after five (5) years and until the
completion of ten (10) years of continuous service.
C. One hundred forty -four (144) hours per year with full salary after eleven (11) years and until the
completion of fourteen (14) years of continuous service.
D. Two hundred and thirty (20 -230) hours per year with full salary after fourteen (14) years of
continuous service.
Section 15.03 Vacation Accrual Based on Total Service Time in a PERS or Comparable Agency
Affected employees who have successfully completed their initial probationary period and/or achieved
E step placement in their assigned salary range shall accumulate vacation time based on their total
years of service in a PERS or comparable agency.
Section 15.04 Vacation Time Accrual — Payment in Lieu Of
Affected employees who have completed one (1) year of service may receive payment in lieu of
accrued vacation time up to a maximum of one hundred percent (100 %) the annual accrual to which
they are entitled by length of service. Effective from October 1, 2011 through the end of the
contract, employees shall only be permitted to sell back thirty -five (35)hours of accrued, unused
vacation leave per calendar year.
Section 15.05 Vacation Time Accrual — For Temporary Industrial Disability
Employees on temporary industrial disability may accrue vacation time for longer than two (2) years.
Section 15.06 Payment of Vacation Time — Death of Employee
In the event of an affected employee's death, earned, but not yet used Vacation Time shall be
compensated in an amount equal to one - hundred percent (100 %) of the value of such vacation time
based upon the affected employee's regular rate of pay at the time of death and shall be distributed to
the affected employee's beneficiary.
ARTICLE 16 BEREAVEMENT LEAVE
Section 16.01 Bereavement Leave with Pay
A. Affected employees shall be entitled to twenty -four (24) hours of bereavement leave upon the
death of an immediate family member with pay per incident which shall increase to forty (40)
hours per incident in those circumstances where one -way travel to a funeral or other memorial
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service is five hundred (500) or more miles measured from El Segundo City Hall.
B. For the purpose of this section, immediate family shall include the children, parents, grandparents,
and siblings of the affected employee, the affected employee's spouse or significant other.
ARTICLE 17 JURY DUTY
Section 17.01 Provisions
Employees shall be entitled to a leave of absence for Jury Duty, subject to compliance with all of the
following conditions:
1. 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 fourteen (14) days before the beginning of Jury Duty
(defined as the date on which the employee is directed by jury summons to either commence
telephone contact with the jury administrator and/or appear in court.)
2. During the first two (2) weeks of Jury Duty, an employee shall be entitled to receive his or her
regular compensation.
3. For any portion of Jury Duty that extends beyond the first two (2) weeks, such extended Jury
Duty period shall be without pay unless, the employee presents written evidence that the court
estimated during voire dire that the trial would be of two (2) or less weeks duration, or in the
alternative the employee presents written evidence that he /she advised the court that City
compensation was limited to two (2) weeks, that the employee asked to be excused because of
this hardship, and the request was denied.
4. Any compensation for the first two (2) weeks of Jury Duty, except travel reimbursement pay,
must be deposited with the Director of Human Resources.
5. 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 (3) or more consecutive hours.
6. The employee must provide documentation of his or her daily attendance on Jury Duty.
ARTICLE 18 EXCEPTIONAL LEAVE
Section 18.01 Provision
The Exceptional Leave Program provides the City Manager discretion to award up to four (4 ) days
per calendar year in recognition for extraordinary service of members of the Association, especially
where sizable amounts of time are expended outside of normal business hours and beyond the normal
requirements of the job. Awarded days may be used for time off or if unused, may be cashed in at the
end of the calendar year.
ARTICLE 19 PERSONAL EMERGENCY LEAVE
Section 19.01 Personal Emergencies — Use of Eligible Leaves
For affected employee's personal emergencies, that is, a serious illness of an immediate family
member of the affected employee or the employee's spouse and for cases of extreme and unusual
hardship or an emergency nature, affected employees, upon request, shall be entitled to utilize
accumulated vacation leave, compensatory time -off, or personal leave day /floating holiday, for which
prior notification is required; however, in certain instances, notification requirements may be waived.
For the purpose of this section, immediate family shall include the children, parents, grandparents, and
244
13
siblings of the affected employee, the affected employee's spouse or significant other.
245
14
ARTICLE 20 HEALTH BENEFITS
Section 20.01 Medical Contract
The City contracts with the California PERS for the Public Employees' Medical and Hospital Care
Program for medical insurance.
Section 20.02 City Medical Contribution
The cumulative monthly City funding of any PERS medical insurance plans for active employees
and/or retirees, shall not exceed $1,800.00 per month.
Section 20.03 Optical, Dental, and Life Insurance
The City will pay 100% of the premiums for the agreed upon dental, optical and life insurance for
affected employees and eligible dependents.
A. Selection of the vision insurance plan carrier shall be made by the City. .
B. The City reserves the right to determine the dental insurance carrier with whom the City will
contract for coverage; however, the City agrees to consult with affected employees through the
insurance committee and consider all suggestions and presentations on the insurance plan to be
purchased.
C. The City shall make available any city-wide improvements to the dental benefit, to the
Association.
D. The City will provide affected employees with $50,000 of life insurance at City cost. The City
reserves the right to determine the insurance carrier with whom the City will contract for
coverage. Additional insurance coverage for the affected employee (up to $100,000 maximum
coverage) and for family members may be purchased at group rates, to the extent authorized by
the carrier.
Section 20.04 Employee Assistance Program (EAP)
The City will make available to affected employees an Employee Assistance Program which provides
confidential assistance, referrals and counseling to affected employees and members of the affected
employee's immediately family. The program is designed to provide professional assistance and
support to help affected employees and their families resolve problems and issues that affect their
personal lives or job performance.
Section 20.05 Medical Insurance Continuation — On Duty Death
A. If it is determined by the Workers' Compensation Appeals Board and/or the Public Employees'
Retirement System that an affected employee has died as a direct and proximate result of the
performance of duties in the course and scope of his/her employment, then the City shall continue
to make group medical premium payments on behalf of the surviving spouse until age 65,
Medicare eligibility, whichever comes first, and to the children of the deceased affected employee
until age 18. Said medical premium payments on behalf of the children of a deceased affected
employee shall continue if at age 18, the child commences uninterrupted college enrollment, but
not to exceed the age of 23.
B. The City-paid medical insurance premiums described herein shall be in an amount required to
fund the level of medical insurance benefits which the deceased affected employee was receiving
at the time of his/her death. For example, if at the time of death, the affected employee was
15 246
enrolled in a specific HMO Plan, then future premium payments made pursuant to this article
shall be in an amount required to maintain comparable plan benefits.
C. City funded premiums shall be subject to the monthly limitation in ARTICLE 20.02.
ARTICLE 21 UNIFORMS AND SAFETY EQUIPMENT
Section 21.01 Provision of Uniforms and Safety Equipment
The City shall provide required uniforms and safety equipment to affected employees. For purposes of
this article, safety equipment shall include a weapon selected by the Police Chief.
Section 21.02 Uniform Allowance
A. Patrol lieutenants shall receive $53 per month of active duty. Non - patrol lieutenants and captains
shall receive $40 per month of active duty.
B. The parties are of the opinion that Uniform Allowance qualifies as compensation ( enable
pursuant to Section 20636 of the California Government Code and Section 571 (a 1 of the
California Code of Regulations. However, the City makes no representation of law as the validity
of that opinion and does not warrant its validity.
ARTICLE 22 RETIREMENT BENEFITS
Section 22.01 PERS Retirement Formula
A. The City has implemented the 3% at 50 PERS retirement formula for all affected employees.
B. Tier II - The City shall amend its contract with the Public Employees' Retirement System to
implement the 3 % @55 retirement formula, in accordance with Government Code Section
21363.1, for unit employees hired on or after the effective date of the PERS contract
amendment.
Section 22.02 PERS Pickup Reported as "Compensation Earnable"
A. The City shall pay on behalf of each affected employee his real ffiffe six (6) percent (9
6 %) "employee contribution" to Ca1PERS.
B. The City shall report a set dollar amount equal to the Rine six percent (94 %) "employee
contribution" to the California Public Employees' Retirement System as compensation earnable.
Section 22.03 Monetary Value of Employer -Paid Member Contributions (EPMC)
A. Effective the first payroll period commencing on or after October 1, 2011 through the end of
the contract, each unit employee shall pay three percent (3 %) toward PERS Employer -Paid
Member Contribution. The three percent (3 %) shall be treated as an employer
contribution for purposes of employee federal and state income tax withholding, as
authorized by Internal Revenue Code (IRC) Section 414(h)(2)
and Resolution No. 4497.
B 499,-effeetiv,- , The City shall
prepare a Resolution for Council adoption resolving that the City shall pay the fir 4kne+*etary
value six percent (6 %) of the employer -paid member contributions (EPMC) paid to Ca1PERS and
report such contribution as an item of special compensation on behalf of all members of the
Association.
16 224 �
A. The value of EPMC shall be calculated on all "compensation eamable" excluding the special
compensation of the monetary value of the EPMC paid to Ca1PERS by the employer under
California Government Section 20636(c)(4).
Section 22.04 Optional Contract Provisions
A. The City shall provide "Level 4" 1959 Survivors Benefits.
B. The City shall provide the Single Highest Year formula.
C. The City shall provide the Military Service credit as public service option.
D tThe City shall provide the Pre - Retirement Option 2W Death
Benefit.
Section 22.05 Retiree Health Insurance Contribution Program
Pursuant to the limitations and guidelines set forth in this MOU, the City will contribute to a retiree
health insurance contribution program for service and disability retirees who participate in the Public
Employees' Medical and Hospital Care Program.
ARTICLE 23 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT
Section 23.01 Direct Deposit
It is agreed between the City and the Association that it is in the mutual interest of the City and its
employees that all affected employees utilize the currently available direct deposit system. Affected
employees who do not desire to utilize direct deposit shall make their wishes known in writing to the
Director of Human Resources, together with a statement of their reasons therefore. Exceptions to this
direct deposit policy shall not be unreasonably denied.
Section 23.02 Flexible Spending Account
The City will maintain the Flexible Spending Account pursuant to the terms and conditions of the
Internal Revenue Code. Each employee of the Association is eligible to participate in this voluntary
program. The flexible spending account allows for payment of employee paid insurance premiums,
non - reimbursed medical expenses and/or dependent care expenses with pre -tax dollars.
ARTICLE 24 COMPUTER LOAN PROGRAM
Section 24.01 Initial Loan
Affected employees may apply for up to a $4,000 interest free loan to purchase personal computer
hardware and software. Loans are repaid through payroll deductions over a three (3) year period.
Outstanding loan balances must be fully paid off at the time an employee separates from the City.
ARTICLE 25 DEFERRED COMPENSATION
Section 25.01 Deferred Compensation Plan (457)
A deferred compensation plan has been established as a benefit to affected employees. Each affected
employee is eligible to participate in the plan.
248
17
Section 25.02 Deferred Compensation Plan (401a)
The City will pay an amount equal to the affected employee's contribution to deferred compensation
up to a maximum of one percent (1 %) of the affected employee's total pay, for all Association
employees participating in City approved deferred compensation plans. Effective October 1, 2011,
the 401(a) 1% match for members of this unit shall be eliminated.
Section 25.03 Deferred Compensation "Catch Up" Provision
Affected employees with twenty (20) or more years of City service who have reached the age of forty-
seven (47) or older can cash out one -third (1/3) of all accrued leave at their regular rate of pay, up to
the deferred compensation maximum "catch up" permitted by law, during the affected employee's last
three years of employment. In no event, can an employee cash -out a cumulative total greater than that
permitted herein, and in no event shall the post - distribution leave balance be less than 120 hours.
ARTICLE 26 CATASTROPHIC LEAVE PROGRAM
Section 26.01 Purpose
To establish a program whereby City peand full -dome employees who are incapacitated due to a
leave bank to be used by permanent, part-time
catastrophic illness or injury.
Section 26.02 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.
Section 26.03 Procedures
A. There is established a joint - employer /employee committee composed of an individual from each
recognized employee organization and a representative of City Administration charged with
administering the Catastrophic Leave Bank.
B. Affected 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 not
less than one (1) day. These will be hour for hour donations.
D. Affected employees must, at the time of donation, have a minimum of one hundred and4wenty
02-0) (100) hours of accumulated illness /injury leave remaining 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 27 LAYOFF PROCEDURES
Section 27.01 Grounds for Layoff
18
#'4,1
Whenever, in the judgment of the City Council, it becomes necessary to reduce the workforce, 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 or her designee. The City
Manager shall recommend to the City Council each classification to be affected by any such change.
Section 27.02 Notice to Employees
An employee filling a full time position shall be given fourteen (14) calendar days prior notice of
layoff. Employees transferred, reduced or displaced shall be given five (5) calendar days notice. The
City Council may approve a reduction in the notice requirements, if so recommended by the City
Manager.
Section 27.03 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 at -will. The promotional probationary employee shall revert to his/her
previously held classification and position without loss of seniority.
Section 27.04 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.
City seniority shall be used to effectuate the procedures set forth in this Article. Seniority for part-time
employees shall be calculated as one -half (' /z) time from the date of hire with the City.
Section 27.05 Breaking Ties
In cases where two (2) 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, provided the last rating had been filed more than thirty (30) days
prior to the date of the layoff notice. Retention points are as follows:
Exceeds Standard - 24 points
Meets Standard - 12 points
Below Standard - 0 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 overall evaluation ratings
for the last three (3) years on file, ties shall be broken by a coin toss.
Section 27.06 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 seniority, 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
19 a
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.
Section 27.07 Displacement Rights
A. 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 employee has greater seniority than the employee in the lower classification.
B. An employee designated for layoff with greater seniority may displace ( "bump ") a less senior
employee in a lower classification, for which he /she is immediately qualified to perform.
Section 27.08 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.
Section 27.09 Reemployment List
The names of permanent employees who have been laid off under this section (including employees
who have bumped down) shall be placed, in order of seniority from highest to lowest, on a
reemployment list for their classification or any lower classification for which the employee is
qualified by education and/or experience. Persons on such lists shall retain eligibility for appointment
therefrom for a period of three (3) 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 reemployment offer shall be permanently
removed from the reemployment list without right of appeal. Laid -off employees do not earn seniority
credit or benefits while on the reemployment list.
Section 27.10 Letter of Layoff
The City shall provide all employees who were laid off from the City a service letter setting forth that
the employee was laid off and is eligible for reemployment. Those employees who were displaced to
lower positions will be granted, upon the employee's request, a letter from the City stating the
employee was reduced in status as a result of a layoff and is eligible for reemployment to the higher
level position.
Section 27.11 Rights on Reemployment
If a person is reemployed by the City within three (3) 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 layoff. Upon reemployment, employees will be placed on the same salary step held at the time
of layoff.
Section 27.12 Appeal
An employee who 1) has not been provided a letter of layoff, per Section 24.10 , shall be treated as if
he /she had been terminated for disciplinary purposes and shall be permitted to appeal the decision per
the Disciplinary Appeal Procedure; or 2) has not been provided proper bumping or displacement
rights, may file an appeal to the Director of Human Resources.
20 251
ARTICLE 28 GRIEVANCE PROCEDURE
Section 28.01 Definition of Terms
A. Grievance — A grievance is an allegation of a violation, misinterpretation or misapplication of a
specific written department or agency rule or regulation or a specific provision of a MOU. A
grievance is distinct from an appeal in that it is a violation, misinterpretation or misapplication of
a specific written department or agency rule and/or policy or a specific provision of a MOU.
B. Grievan t — A grievant is an employee or group of employees allegedly adversely affected by an
act of omission of the agency.
C. Day_ — A day is a business day (Monday — Friday).
D. Immediate Supervisor — The first level supervisor of the grievant.
Section 28.02 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 in each level shall begin the day
following receipt or a written decision of appeal by the employee or employees.
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 grievants in accordance with the time limits, the decision last
made by the City shall be deemed final.
Section 28.03 Procedure for Filing a Grievance
A. In filing a formal written grievance, the employee shall set forth the following information.
1. The specific section of the departmental or agency rules or regulations allegedly violated,
misinterpreted or misapplied.
2. The specific act or omission which gave rise to the alleged violation, misinterpretation or
misapplication.
3. The date or dates on which the violation, misinterpretation or misapplication occurred.
4. What documents, witnesses or other evidence supports the grievants' position.
5. The remedy requested.
Section 28.04 Grievance Procedure
Grievances will be processed following the procedures set forth below.
A. Level I — Within ten (10) days of the date the employee reasonable 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 five (5) days from the time the employee meets with the
supervisor to discuss the employees' grievance.
21 252
B. Level II — In the event such efforts do not produce a mutually satisfactory resolution, the grievant
shall have ten (10) days to file a formal written grievance with the employee's immediate
supervisor after the fifteen (15) day time period provided in Level I. The immediate supervisor
shall, within five (5) days, provide a written response to the grievant.
C. Level III — If the formal written grievance is not resolved by the immediate supervisor, the
grievant may present the grievance in writing to the department head within five (5) days of the
written response from the immediate supervisor. The department head shall 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 five (5) days of the Department Head's written
response. The City Manager or his/her 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.
Section 28.05 Matters Excluded From the Grievance Procedure
A. The grievance procedure cannot be used for the purpose of resolving complaints, requests or
changes in wages, work hours or working conditions.
B. The grievance procedure cannot be used to challenge employee evaluations or performance
reviews.
C. The grievance procedure cannot 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 grievance procedure cannot 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.
Section 28.06 Conferences
Grievant(s) and City representatives, shall, upon mutual agreement, have the right to a conference at
any level of the grievance procedure.
ARTICLE 29 POBR LIMITED APPEALS
Section 29.01 Provisions
The following administrative appeal process is established pursuant to Government Code § 3304.5. It
shall supplement, though not replace, the disciplinary appeal process established pursuant to the City
of El Segundo Ordinance utilizing the Los Angeles County Civil Service Commission hearing process
(Municipal Code § 1- 6 -16.)
This procedure shall not apply to disciplinary actions for which officers already are entitled to receive
an appeal pursuant to the City Ordinance utilizing the Los Angeles County Civil Service Commission
hearing process (set forth in Municipal Code § 1- 6 -16). It shall only apply to punitive actions, as that
term is defined by Government Code § 3303, for which officers do not already receive an appeal
hearing before the Los Angeles County Civil Service Commission.
A. Right to Administrative Appeal
1. Any public safety officer (as defined by Government Code § 3301) who is subjected to
punitive action (as defined by Government Code § 3303) consisting of a written reprimand, a
22 253
transfer for purposes of punishment, a reduction in salary caused by a reassignment resulting
in a loss of incentive, specialty, assignment, bonus, or similar pay, or a suspension for five
(5) or less days, is entitled to an administrative appeal only pursuant to this procedure. An
officer shall not be entitled to appeal an action prior to its imposition.
2. An officer who appeals a punitive action under this procedure shall bear his/her own costs
associated with the appeal hearing, including but not limited to any and all attorney fees. The
cost of a hearing officer shall be equally borne by the Association and the City.
B. Appeal of Written Reprimands
1. Within five (5) calendar days of receipt by an officer of notification of punitive action
consisting of a written reprimand, the officer shall notify the Chief of Police in writing of the
officer's intent to appeal the written reprimand.
2. The notice of appeal shall specify the action being appealed and the substantive and
procedural grounds for the appeal.
C. Hearing Officer (Appeal of Written Reprimands Only)
1. The City Manager shall hear appeals of written reprimands, and may adopt, modify or reject
the written reprimand. The City Manager's decision shall be final and binding.
2. The City Manager level administrative appeal shall not be a trial -type evidentiary hearing.
The limited purpose of the hearing shall be to provide the officer with an opportunity to
establish a record of the circumstances surrounding the action and to seek modification or
rejection of the written reprimand. There shall be no subpoenas issued (for people or
documents.)
D. Appeal of Other Punitive Action
Appeal of punitive action consisting of suspensions of five (5) or less days, a transfer for
purposes of punishment, or a reduction in salary caused by a reassignment shall be subject to
appeal by means of the officer filing an appeal with the Chief of Police within five (5)
calendar days of receipt by the officer of notice of punitive action being implemented on a
date certain. The officer shall notify the Chief of Police in writing of the officer's intent to
appeal said action.
2. The notice of appeal shall specify the action being appealed and the substantive and
procedural grounds for the appeal.
3. The appeal shall be presided over by a hearing officer selected from a list of nine (9)
provided by the State Mediation and Conciliation Service. The hearing officer shall be
selected by alternate striking of names by the respective parties.
E. Conduct of Hearing (5 Days or Less Suspensions, Transfers for Purposes of Punishment,
Reduction in Salary Caused by a Reassignment.)
1. The formal rules of evidence do not apply, although the hearing officer shall have discretion
to exclude evidence that is incompetent, irrelevant or cumulative, or the presentation of
which will otherwise consume undue time.
2. The parties may present opening statements.
3. The parties may present evidence through documents and direct testimony.
23 2" 5'
4. The parties shall not be entitled to confront and cross - examine witnesses.
5. Following the presentation of evidence, if any, the parties may present closing arguments.
6. The hearing shall be audio recorded.
7. The officer may be represented by a representative of his or her choice at all stages of the
proceedings. All costs associated with such representation and the presentation of the
officer's case shall be borne by the Association.
8. The Department shall also be entitled to representation at all stages of the proceedings. The
Department shall bear its cost of representation and of presentation of its case.
9. The hearing officer fees shall be equally borne by the City and the Association.
10. The decision of the hearing officer shall be final subject to the right of each party to the
proceeding to contest the hearing officer's determination by means of a C.C.P. § 1094.5
petition for writ of mandate.
ARTICLE 30 TEMPORARY SERVICE IN HIGHER CLASSIFICATION
Section 30.01 Acting Pay
Where an affected 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 affected 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, "appreciable period of time" is defined as ten (10)
consecutive working days, or eight (8) working days if on four /ten (4/10) plan, or longer. The acting
pay shall retroactively commence to the first day of the acting assignment.
ARTICLE 31 POLICIES
Section 31.01 Occupational Injury and Illness Policy
The parties have agreed upon an Occupational Injury and Illness Policy, dated July 22, 2003.
Section 31.02 Disability Retirement Policy
The parties have agreed upon a Disability Retirement Policy dated May 2010 ul ''03.
Section 31.03 Fitness for Duty Policy
The parties have agreed upon a Fitness for Duty Policy, dated July 3, 2003.
Section 31.04 Substance Abuse Policy and Drug -Free Workplace Statement
The parties have agreed upon a Substance Abuse Policy and Drug -Free Workplace Statement dated,
July 1, 2008.
r)JJ
24
ARTICLE 32 TERM OF AGREEMENT
Section 32.01 Term
The term of this MOU shall . be
October 1, 2011 through September 30, 2013 with a PMA option to extend one additional year to
September 30, 2014. The PMA shall inform the City of its decision whether or not to extend the
agreement no later than March 30, 2013.
ARTICLE 33 LIMITED LAYOFFS
Section 33.01 No Layoffs
1. The City agrees to guarantee that no layoffs of unit members will occur during the term
of this MOU unless at any time during the term of the contract the general fund actual core
gross revenues, as defined in Article 2, for any six -month period fall seven and one -half
percent (7.5 %) below the prior fiscal year actual core gross revenues for the same six -month
period.
2. Before instituting any layoffs, the City will agree to meet and confer in good faith with the
Association to explore alternative cost - saving approaches.
ARTICLE 34 CONCESSIONS
Section 34.01 City employees were asked to reduce pay and benefits in the amount of $2.9 million to
resolve a forecasted General Fund deficit for FY 2011/2012. This reduction would result in a
structurally balanced budget for the fiscal year. At the conclusion of FY 2011/2012 if the
budget results reveal City estimates were inaccurate by $2.9 million and pay and benefit
reductions for City employees were not necessary, the City will negotiate with the PMA a
resolution for the possible restoration of the agreed to contributions. Further, if any portion
of concessions is restored by the City, the PMA would only be eligible for that amount or a
Cost of Living Adjustment (COLA) as outlined Article 2, Section 2.01 for FY 2011/2012,
whichever is greater.
Signed by the City: Signed by the Association:
Doug Willmore, Lt. Ray Garcia,
City Manager PMA President
Deborah Cullen, Lt. Jaime Bermudez,
Finance /Human Resources
Director
Martha Dijkstra,
Human Resources Manager
25 256
Date
26
Date
257
EL SEGUNDO CITY COUNCIL
MEETING DATE: October 4, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of a Memorandum of Understanding (Labor
Agreement) between the City of El Segundo and the El Segundo Police Officers' Association.
(Fiscal Impact: Estimated Savings FY 2011/2012 of $ 1,059,921.37)
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 2011/2012 of $ 1,059,921.37
Amount Budgeted:
Additional Appropriation: None
Account Number(s):
ORIGINATED BY: Deborah Cullen, Finance /Human Resources Director
REVIEWED BY:
APPROVED BY: Doug Willmore, City Manager MA_ j
BACKGROUND AND DISCUSSION
Staff and representatives of the El Segundo Police Officers' 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 September 27, 2011.
The Agreement contains the following major provisions:
Term - October 1, 2011 — September 30, 2013 with the Association's option to extend to September
30, 2014. The Association shall notify the City of its decision to extend by March 30, 2013.
2. Employer -Paid Member Contribution (EPMC) -- Employees will pay three percent (3 %) of the
EPMC.
Longevity Pay — Longevity pay shall be reduced from the current amounts by fifty dollars ($50).
4. Uniform Allowance — There shall be no uniform allowance payment to unit employees.
Vacation Buy -Back — Employees shall not be permitted to sell back accrued, unused vacation leave.
14
6. Shooting Incentive Pay — Employees shall accrue time off in lieu of pay.
Court On -Call Pay — Employees shall accrue time off in lieu of pay.
Sick Leave Overaccrual Pay — Employees entitled to receive this pay shall instead accrue time off.
9. Work Schedule — The Association will work with Management to structure a hybrid 3/12.5 -4/10 work
schedule for employees assigned to Patrol.
10. Retirement Formula - As soon as practicable, the City shall amend its contract with PERS to
establish a two -tier retirement formula of 3 % @55 for new hires.
11. Limited Layoff language guaranteeing no layoffs will occur unless general fund core gross revenues
for any six month period fall seven and one -half percent (7.5 %).
12. Cost of Living Adjustment (COLA) Language — Employees entitled to a Cost of Living Increase if
general fund core gross revenues increase by $1.5 million during designated time periods. COLA to
be determined by CPI -U for the Los Angeles- Riverside - Orange County region for the agreed -upon
time period.
13. Clean -up language includes the following:
a. Catastrophic Leave Program information updated to be consistent with City's Policy.
b. Disability Retirement Appeals Procedures Policy — effective date updated.
c. Drug -Free Workplace Policy — effective date updated.
RESOLUTION NO.
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO,
CALIFORNIA AND THE EL SEGUNDO POLICE OFFICERS'
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 will
remain effective unless repealed or superseded.
PASSED AND ADOPTED this 4th day of October , 2011.
Eric K. Busch,
Mayor
260
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 4t" day of October, 2011, 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
, 2011.
Cindy Mortesen, City Clerk
of the City of El Segundo,
California
(SEAL)
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Un
Karl H. Berger
Assistant City Attorney
261
COMPREHENSIVE MEMORANDUM
OF
UNDERSTANDING
JULY- October 19 201188 — SEPTEMBER
30, 20113
(or September 30, 2014 if extended by
ESPOA
THE EL SEGUNDO
POLICE OFFICERS' ASSOCIATION
266104.13 ELI 40-029
%.Vii
Pagel j*i ctober 1, 20119&- September 30, 2013 +MOU
266104.13 ELI 40-029
263
TABLE OF CONTENTS
ARTICLE 1
GENERAL PROVISIONS
Section
1.01
Preamble
Page
7
Section
1.02
Management Rights
Page
7
Section
1.03
Savings Clause
Page
8
Section
1.04
No- strike Clause
Page
8
Section
1.05
Association Dues Deduction
Page
8
Section
1.06
Association Administrative Time
Page
8
Section
1.07
Association Hearing Cost Contribution
Page
9
Section
1.08
Maintenance of Existing Benefits
Page
9
Section
1.09
Non- Discrimination
Page
9
ARTICLE 2
SALARY
Section
2.01
Salary
Page
9
Section
2.02
Salary Schedule Calculation Methodology
Page
10
Section
2.03
Step Advancement - Accelerated
Page
10
Section
2.04
Notice Requirement to Withhold Step
Page
10
Increase
ARTICLE 3
EDUCATION /CERTIFICATE INCENTIVE
Section
3.01
Educational Compensation
Page
10
Section
3.02
Certification Requirement for Educational
Compensation
Page
11
Section
3.03
Longevity Achievement on Merit
Page
11
ARTICLE 4
TUITION AND BOOK REIMBURSEMENT PROGRAM
Section
4.01
Policy and Eligibility
Page
12
Section
4.02
Undergraduate Studies
Page
12
Section
4.03
Post- Graduate Studies
Page
12
Pagel j*i ctober 1, 20119&- September 30, 2013 +MOU
266104.13 ELI 40-029
263
Section
4.04
Tuition Reimbursement Program
Page
12
ARTICLE 5
PROMOTIONS
Section
5.01
Salary Differential upon Promotion
Page
13
Section
5.02
Educational Prerequisites for Promotional
Page
13
Positions
ARTICLE
NO- SMOKING CLAUSE
Section
6.01
Establishment
Page
13
ARTICLE 7
OVERTIME COMPENSATION
Section
7.01
Pay for Public Relations Appearances
Page
13
Section
7.02
Court On -Call Pay
Page
13
Section
7.03
Call -Back Pay
Page
14
Section
7.04
Court Call -Back Pay
Page
14
ARTICLE 8
DIFFERENTIAL PAY
Section
8.01
Motor Officer, Canine Officer, Detective and
Special Assignment Pay
Page
14
Section
8.02
Motorcycle Maintenance
Page
14
Section
8.03
Canine Unit
Page
14
Section
8.04
Bilingual Pay
Page
15
ARTICLE 9 PHYSICAL FITNESS INCENTIVE PROGRAM
Section 9.01 Purpose Page 15
Section 9.02 Department Policy Page 15
Section 9.03 Program Components Page 15
ARTICLE 10 COMPENSATORY TIME
Section 10.01 Maximum Accrual Page 16
Section 10.02 Shooting and Physical Fitness Bank Page 16
- Maximum Accrual
Page 2 October 1, 20110$- September 30, 20134- MOU
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264
Section 10.03 Firearms Qualification Page 16
ARTICLE 11 HOLIDAY PAY
Section 11.01 Eligible Officers Page 17
ARTICLE 12 SICK LEAVE
Section
12.01
Payment of Sick Leave Accrual
Page
17
After 10 Years Service
Section
12.02
Payment of Sick Leave Accrual
Page
17
After 20 Years Service
Section
12.03
Payment on Disability Retirement
Page
17
Section
12.04
Annual Sick Leave Payout
Page
17
Section
12.05
Family Emergency Leave
Page
17
ARTICLE 13
VACATION LEAVE
Section
13.01
Accrual Schedule For Employees
On or After July 1, 1994
Page
18
Section
13.02
Accrual Schedule For Employees
Hired Before July 1, 1994
Page
18
- Closed Participation
Section
13.03
Vacation Sell Back
Page
18
ARTICLE 14
BEREAVEMENT LEAVE
Section
14.01
Maximum Leave Time
Page
19
Section
14.02
Immediate Family Members Defined
Page
19
ARTICLE 15
JURY DUTY
Section
15.01
Provision
Page
19
ARTICLE 16 HEALTH BENEFITS
Section 16.01 Medical Insurance Continuation Page 19
- On Duty Death
Section 16.02 Optical, Dental, and Life Insurance Page 20
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266104.13 ELI 40-029
26
Section 16.03 Medical Contract
Page 20
Section 16.04 City Medical Contribution Page 20
Section 16.05 Body or Heart Scan
Page 21
Section 16.06 Maximum Funding of Active /Retiree Ins. Prem. Page 21
ARTICLE 17 UNIFORM AND SAFETY EQUIPMENT ALLOWANCE
Section 17.01 Provision & Annual Allowance Page 21
ARTICLE 18 RETIREMENT BENEFITS
Section
18.01
PERS Retirement Formula
Page
21
Section
18.02
PERS "Pick -Up"
Page
21
Section
18.03
Optional Contract Provisions
Page
21
18.04
Minimum Service with City of El Segundo to
Page
21
Section
Receive Retirement Benefits
Section
18.05
Retiree Health Insurance Contribution Program
Page
22
ARTICLE 19 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT
Section 19.01 Direct Deposit
Page 22
Section 19.02 Flexible Spending Account Page 22
ARTICLE 20 COMPUTER LOAN PROGRAM
Section 20.01 Initial Loan
Page 22
Section 20.02 Prior & Outstanding Balances Page 22
Section 20.03 Requirements & Conditions Page 22
ARTICLE 21 MATERNITY POLICY
Section 21.01 Policy
Page 23
ARTICLE 22 CATASTROPHIC LEAVE PROGRAM
Section 22.01 Definition of a Catastrophic Illness or Injury Page 23
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266104.13 ELI 40-029
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Section 22.02 Eligible Employees for Donation and Program Page
Usage
Section 22.03 Policy Procedures
Page
ARTICLE 23 LAYOFF PROCEDURES
23
23
Section
23.01
Grounds for Layoff
Page
24
Section
23.02
Notice to Employees
Page
24
Section
23.03
At -Will Employees
Page
24
Section
23.04
Procedures for Layoff
Page
24
Section
23.05
Breaking Ties
Page
24
Section
23.06
Reduction to a Vacant Position
Page
25
Section
23.07
Displacement Rights
Page
25
Section
23.08
Salary Placement
Page
25
Section
23.09
Reemployment List
Page
25
Section
23.10
Letter of Layoff
Page
25
Section
23.11
Rights on Reemployment
Page
26
Section
23.12
Appeal
Page
26
ARTICLE 24 GRIEVANCE PROCEDURE
Section
24.01
Definition of Terms
Page
26
Section
24.02
Time Limits
Page
26
Section
24.03
Procedure
Page
27
Section
24.04
Matters Excluded from the Grievance
Page
27
Procedure
Section
24.05
Conferences
Page
28
ARTICLE 25
POLICIES
Section
25.01
Occupational Injury and Illness Policy
Page
28
Section
25.02
Disability Retirement Policy
Page
28
Section
25.03
Fitness for Duty Policy
Page
28
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266104.13 EL140 -029
4 � i
Section
25.04
POBR Limited Appeals
Page
28
Section
25.05
Drug Free Work Place Policy
Page
30
Section
25.06
Retiree Medical Trust
Page
30
ARTICLE 26 TERM OF AGREEMENT
Section 26.01 Term Page 30
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266104.13 ELI 40-029
68
MEMORANDUM OF UNDERSTANDING
between the
EL SEGUNDO POLICE OFFICERS' ASSOCIATION,
and
THE CITY OF EL SEGUNDO CALIFORNIA
ARTICLE I GENERAL PROVISIONS
Section 1.01 Preamble
This Memorandum of Understanding is entered into with reference to the following:
A. The El Segundo Police Officers' Association (hereinafter referred to as the "Association ") is
the exclusively recognized employee organization for all personnel employed by the City of
El Segundo (hereinafter referred to as "City ") in the unit of representation including the
following classifications and positions (hereinafter referred to as affected employees): Police
Sergeant and Police Officer. During the life of this agreement, such exclusive recognition may
only be modified pursuant to the provisions of City Resolution No. 3208.
B. In the interest of maintaining harmonious relations between the City and the affected
employees, authorized representatives of the City Council of City and the Association have
met and conferred in good faith, exchanging various proposals concerning wages, hours and
the terms and conditions of employment of affected employees within the lawful scope of
representation of Association pursuant to California Government Code Sections 3500 et. seq.
and City Resolution Number 3208.
C. The authorized representatives of the City Council of City and the Association have reached a
mutual agreement as to certain wages, hours and other terms and conditions of employment of
the affected employees, this memorandum of which shall be submitted to the City Council of
City for its consideration and if adopted, for implementation of its terms and conditions by
appropriate ordinance, resolution or other lawful action. This Memorandum of Understanding
is a comprehensive statement of agreed -upon wages, hours and other terms and conditions of
employment
D. Unless otherwise provided for herein, all terms and conditions described herein shall be
effective upon adoption of the MOU by the City Council.
Section 1.02 Management Rights
A. Except as limited by the specific and express terms of this Memorandum of Understanding,
the City hereby retains and reserves unto itself all rights, powers, authority, duty, 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.
B. The management and the direction of the work force of the City is vested exclusively in the
City, and nothing in this Memorandum of Understanding is intended to circumscribe or
modify the existing right 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; suspend or discharge 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.
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266104.13 ELI 40-029
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Section 1.03 Savings Clause
If any provision or the application of any provision of this Memorandum of Understanding shall
be rendered or declared invalid by any final court action or decree, or by reason of any preemptive
legislation, the remaining sections of this memorandum shall remain in full force and effect for the
duration of said memorandum.
Section 1.04 No- Strike Clause
A. The El Segundo Police Officers' Association agrees that during the term of this Memorandum
of Understanding their members employed by the City of El Segundo will not strike or engage
in any work stoppage or slowdown, engage in any concerted failure to report for duty, or fail
to perform their duties in whole or in part for the purpose of inducing, influencing, or
coercing a change in the conditions, or compensation, or the rights, privileges, or obligations
of employment.
B. The Association also agrees that their members employed by the City of El Segundo will not
refuse to cross a picket line in performance of their normal and customary duties, nor will the
aforementioned employee organization attempt to influence, either directly or indirectly, other
employees to honor an existing picket line in the performance of their normal and customary
duties as employees.
C. It is understood that any employee violating this provision may be subject to discipline up to
and including termination by the City.
D. It is understood that in the event this provision is violated the City may be entitled to
withdraw any rights, privileges or services provided for in this Agreement or in City policy
from any employee and /or the Association.
Section 1.05 Association Dues Deduction
The City agrees to:
A. Provide official dues deductions for all employees who subscribe to Association membership;
B. Provide official payroll deductions for City- approved Association insurance and welfare
plans, not to exceed five programs;
C. Provide the Association with a list of newly -hired employees in the representation unit
monthly.
Section 1.06 Association Administrative Time
Ef4etive August , 2003 Association is granted a total of (249}T1hree hundred —hours (as a
group) per calendar vear of paid Association Administrative Leave (AAL) for the conduct of
Association's business and for its members to participate in activities that further the interests or
prestige of the Association. These activities shall include, but shall not be limited to attending the
Peace Officers' Research Association of California conference, attending other conference or
seminars, instructional classes or participating on various local or statewide committees or boards.
AAL must be authorized by the Association President and approved by the Police Chief.
1—
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266104.13 EL140 -029
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control
240
Section 1.07 Association Hearing Cost Contribution
GE)ffiF"ORr,jF1g on ia4 4 � )9n The Association will pay for one -half of the costs incurred in
connection with Los Angeles County Civil Service Commission hearings to a maximum of $3,000
per year.
Section 1.08 Maintenance of Existing Benefits
A. This Memorandum of Understanding contains all of the covenants, stipulations and provisions
agreed upon by the parties. It is understood that all items relating to employee wages, hours
and other terms and conditions of employment not covered in this Memorandum of
Understanding are covered by existing ordinances, resolutions, policies, and practices of the
City, as well as the Personnel Rules and Regulations presently in effect. 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 issues whether specifically discussed prior to the
execution of this agreement or which may have been omitted in the discussions which led up
to the execution of this agreement, except as provided in this agreement or by mutual
agreement of parties.
B. Nothing herein prevents the City and Association from meeting and consulting on the City's
Personnel Rules and Regulations which are within the scope of representation. However, the
mutual agreement of both the City and Association are required to effect any change.
Section 1.09 Non - Discrimination
A. 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 Association activities.
The Association and the City 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 Association and the City shall reopen any provision of this Agreement for the
purpose of complying with any final order of a Federal or State agency or court of competent
jurisdiction requiring a modification or change in any provision or provisions of this
Agreement in compliance with State or Federal anti- discrimination laws.
ARTICLE 2 SALARY
Section 2.01 Salary
Page 9 3*2ctober 1, 20110&- September 30, 2013 -1 MOU
266104.13 ELI 40-029
2 '71
I . The base saigy schedule of unit classifications as of October 1 2011 shall be as' Formatted: Indent: Left: 1.38 ", First line: 0"
follows:
Stee
Officer Base Salary
.Sergeant Base Salary
Step A
5407.54
6774.53
Step B
5677.92
7113.25
S=C
5961.82
7468.92
Step D
6259.92
7842.35
5qeep E
6572.90
8234.48
haso qalgfies as-r-eflected by the above provisions of this Seet on -2.01.
' Formatted: Left, Indent: Left: 1.38 ", No
bullets or numbering, No widow /orphan control,
Don't keep lines together
` Formatted: Font: 10 pt
Formatted: Indent: Left: 1.38 ", First line: 0"
Formatted: Font: Times New Roman, 10 pt
Formatted: Indent: Left: 1.31 ", Hanging:
0.44"
-Formatted: Font: Times New Roman, 10 pt
2 Jf general fund actual core gross revenues increase by $1.5 million or more in fiscal`
year 2011-12 compared to fiscal year 2010 -2011 and /or by $1.5 million In fiscal
2012-13 as compared to 2011 -2012 (and /or by $1.5 million In fiscal 2013 -14 as
compared to 2012-2013, in the event this agreement is extended pursuant to Section
26.011 then the employees covered under this MOU will be entitled to a COLA
increase effective the pay period including October 1 of the fiscal year Immediately
following the qualifying fiscal year(s). In other words if the general fund actual core
gross revenues in fiscal year 2011 -12 and/or 2012 -13 (and or 2013/14 if this
agreement is extended) are $1.5 million or more greater than those in the previous_
fiscal yeaz the COLA increase will take effect October 1 2012 and /or 2013 (and /or
2014 id this agreement is extended The amount of the COLA increase will be based
upon the percentage increase in the Consumer Price Index (CPI -U) in the Los
Angeles Riverside Orange County geographic area for the twelve month period
ending the most recent August 31 Core gross revenues for this section shall mean all
revenues except Net of All Transfers other Licenses and Permits (account numbers:
3400-3 99) and Charges for Services (account numbers: 3800 - 3899).
Section 2.02 Regular Rate of Pay
This MOU periodically refers to the "regular rate of pay." The "regular rate of pay" is defined in
29 CFR § 778.108 et. seq. The "definition" used in this MOU is for general reference and does
not override the specific definitions set forth in the FLSA. Therefore, as used in this MOU, the
regular rate of pay is the remuneration paid to or on behalf of the employee except gifts, travel
expenses, other reimbursable expenses, payments not mandated by the MOU or other
rules /regulations, retirement and insurance contributions by the City, overtime and holiday pay.
These are examples only and not intended to be an all- inclusive definition of the "regular rate of
pay." Applicable statutes /case law shall prevail over any MOU definitions inconsistent with
statues /case law.
The regular rate of pay shall be calculated in dollars and cents rounded off to two (2) decimal
places to the right of the decimal point.
Section 2.03 Step Advancement - Accelerated
The Police Chief may recommend to the Human Resources Director for approval by the City
Manager that an employee receive an accelerated advancement of part or all of the next salary step
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266104.13 ELI 40-029
Formatted: Font: Times New Roman, 10 pt
Formatted: Font: Times New Roman, 10 pt
Formatted: Font: 10 pt
272
increase in the Basic Salary Range (A — E Steps) based on exemplary job performance. The
accelerated salary advancement shall not change the affected employee's anniversary date.
Section 2.04 Notice Requirement to Withhold Step Increase
The City shall have the option during or after the term of this agreement to provide employees
written notice of the intent to withhold a salary step increase and the reasons for same no later than
the end of the pay period which begins after the employee's anniversary date.
ARTICLE 3 EDUCATION /CERTIFICATE INCENTIVE
Section 3.01 Educational Compensation
Fffeaive Employees shall be eligible for education incentive compensation as
follows:
I. Qualification for and possession of either 60 units, or AA degree, or Intermediate POST
Certificate and completion of two (2) years of sworn law enforcement service shall
entitle employee to the dollar amount in Salary Schedule 2, column AA or POST, in the
salary step to which the employee is entitled.
2. Qualification for and possession of either 60 units, or AA degree, and Intermediate POST
Certificate and completion of two (2) years of sworn law enforcement service shall
entitle employee to the dollar amount in Salary Schedule 2, column AA + POST, in the
salary step to which the employee is entitled.
3. Qualification for and possession of Advanced POST Certificate and completion of
three (3) years of sworn law enforcement service shall entitle employee to the dollar
amount in Salary Schedule 2, column Advanced POST, in the salary step to which the
employee is entitled.
4. Qualification for and possession of Bachelor's degree and completion of three (3) years
of sworn law enforcement service shall entitle employee to the dollar amount in Salary
Schedule 2, column BA, in the salary step to which the employee is entitled.
5. Qualification for and possession of Master's degree and completion of four (4) years of
sworn law enforcement service shall entitle employee to the dollar amount in Salary
Schedule 2, column MA, in the salary step to which the employee is entitled.
6. Salary Schedule 21 is attached hereto as Exhibit 21 and incorporated herein as though set
forth in full.
Section 3.02 Certification Requirement for Educational Compensation
Employees who participate in the Educational Reimbursement Program will be required to sign the
following agreement:
Educational Reimbursements — "I certify that I successfully completed the course(s),
receiving at least a grade of "C" or better" or a grade of "pass ", if the course was offered on a
pass /fail basis. (Attach a copy of grade verification) "Further, 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, in accordance with the following schedule."
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266104.13 EL140 -029
2'7 3
Section 3.03 Longevity Achievement on Merit
Employees shall be compensated for longevity —in the
following circumstances, as is set forth in Exhibit 21 (Salary Schedule 21)
A. Upon completion of five years of paid, full -time sworn law enforcement service
B. Upon completion of ten years of paid, full -time sworn law enforcement service
C. Upon completion of fifteen years of paid, full -time sworn law enforcement service
D. Upon completion of twenty years of paid, full -time sworn law enforcement service
E.Upon completion of twenty -six years of paid, full -time sworn law enforcement service
2. After qualifying for longevity pay, an employee shall cease to receive such pay during any
time period that: the employee does not meet the requirements for longevity; the employee is
suspended without pay; or the employee's most recent annual performance evaluation is rated
below standard or unsatisfactory. An employee who has lost his/her eligibility to receive this
benefit because of a substandard annual performance evaluation shall be evaluated quarterly
thereafter until the supervisor deems quarterly evaluations to be no longer necessary . Once
an employee receives his or her first performance evaluation, rated standard or above, the
longevity pay shall be reinstated on the first payroll period following the employee's
requalification and may not be removed until the employee receives a further below standard
or unsatisfactory annual evaluation.
3 ,Lffective from October 1 2011 through September 30 2013 (or September 30 2014 in they - Formatted: Indent: Left: 1 ", Hanging: 0.25',
event the MOU is extended by the ESPOA pursuant to Section 26.01). loneev Pattern: Clear (white)
compensation shall be reduced by $50 at each level For the limited period of October .1, Formatted: Font: 10 pt
2011 through September 30 2013 or September 30 2014 in the event the MOU is extended Formatted: Font: 10 pt
by the ESPOA) salaries inclusive of as is set forth in Exhibit 2 (Salary Schedule 2)
ARTICLE 4 TUITION AND BOOK REIMBURSEMENT PROGRAM
Section 4.01 Policy and Eligibility
The following college -level tuition and book reimbursement program shall be applicable to all unit
members:
Section 4.02 Undergraduate Studies (Studies undertaken in pursuit of an Associate's or a Bachelor's
degree).
A. The City shall reimburse each affected employee in an amount equal to 100% of tuition and
book expenditures incurred while employed by the City and while a student at any accredited
college or university having its campus in the State of California. However, the tuition
reimbursement described herein, shall not exceed the per -unit tuition cost required by the
University of California or California State University, whichever is higher.
B. Tuition and book reimbursement shall be provided only for those classes in which a certified
college or university transcript evidences the employee attaining a grade of "C" or better (or
where classes are taken "pass /fail," evidence must be provided of a "pass" grade) in classes
approved pre - enrollment by the Chief of Police or his /her designee.
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Section 4.03 Post - Graduate Studies (Post- Graduate studies are defined as those undertaken in pursuit of a
degree beyond a Bachelor's).
A. The City shall reimburse each affected employee pursuing post - graduate studies in an amount
equal to 100% of tuition and book expenditures incurred while employed by the City and
while pursuing said studies at the University of California or California State University;
B. The City shall reimburse each affected employee pursuing post - graduate studies at other
accredited institutions, in an amount equivalent to 80% of the tuition and book expenditures
incurred while employed by the City and while pursuing said studies;
C. Tuition and book reimbursement shall be provided only for those classes in which a certified
university transcript evidences the employee attaining a grade of "C" or better (or where
classes are taken "pass /fail," evidence must be provided of a "pass" grade) in classes
approved pre - enrollment by the Chief of Police or his/her designee.
Section 4.04 Tuition Reimbursement Program — effective August 1, 2003.
A. The City will reimburse each applicable employee for the cost of undergraduate and graduate
education, in an amount not to exceed 100% of the cost of tuition and book/supplies at UCLA
or UCL whichever is higher. All employees who are enrolled in graduate or undergraduate
programs as of August 1, 2003, shall be permitted to complete their respective graduate or
undergraduate degrees under the terms of the former Tuition Reimbursement program (See
Sections 5.02 and 5.03 above).
B. Tuition and book reimbursement shall be provided only for those classes in which a certified
university transcript from an accredited institution having its campus in the State of
California, evidences the employee attaining a grade of "C" or better (or where classes are
taken "pass /fail," evidence must be provided of a "pass" grade) in classes approved pre -
enrollment by the Chief of Police or his/her designee.
ARTICLE 5 PROMOTIONS
Section 5.01 Salary Differential upon Promotion
The City shall have the option to compensate supervisors newly appointed to their positions after
July 1, 1986 at a base rate as long as it is higher than the base rate of their subordinates (no
minimum 5% pay differential), exclusive of longevity pay, educational incentive pay, and special
assignment pay.
Section 5.02 Educational Prerequisites for Promotional Positions
A. Any applicant seeking to participate in any segment of a Sergeant's examination where said
segw
, must possess an Associate's Degree or
higher degree or possess a transcript documenting sixty or more semester units, or an
equivalent amount of quarter or term units, earned towards a Bachelor's Degree from a
university or college accredited by POST standards.
B. An applicant seeking to participate in any segment of an examination for the positions of
Sergeant, Lieutenant or Captain, vd on or after- janualy 1,
299 -_must be qualified for and possess a Bachelor's degree at the time of participating in
any such segment(s) of the examination.
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2'7 5
ARTICLE 6 NO- SMOKING CLAUSE
Section 6.01 Establishment
All personnel employed on or after July 1, 1988, shall, as a condition of initial and continued
employment, refrain from smoking and /or using tobacco products at any time on or off duty.
ARTICLE 7 OVERTIME COMPENSATION
Section 7.01 Pay for Public Relations Appearances
Police Officers and Police Sergeants who are required by the Chief of Police to make
presentations to community groups on an overtime basis shall be compensated at one and one -half
times their regular rate of pay.
Section 7.02 Court On -Call Pay
A. Except as set forth below, off -duty personnel who are placed in on -call status for court during
either the morning or the afternoon session will receive three hours of paid overtime at a rate
of time and one -half his/her regular rate of pay as defined in this MOU for each session the
officer is in an on -call status. Off duty personnel who are placed in on -call status for court
during both the morning and the afternoon sessions will received six hours of paid overtime at
a rate of time and one -half his/her regular rate of pay. Effective from October 1 2011 through
September 30 2013 (or September 30 2014 in the event the MOU is extended by the
ESPOA pursuant to Section 26.01), in lieu of accruing vav for Court On -Call unit employees
shall accrue an equivalent number of hours of "limited use time off
Officers will not receive on call pay if they are:
1. Called into court that session (in which case the employee will receive call -back pay):
2. Ordered to report to work;
3. Already receiving pay from the City for any other reason (e.g., IOD, administrative
leave).
B. Officers shall not have the option of reporting to work in lieu of being in an on -call status.
C. Officers who are in an on -duty status are not eligible for court on -call pay.
Section 7.03 Call -Back Pay
_ minimum of 4 hours of work time at
one and one -half the employee's regular rate of pay shall be credited for all call backs.
Section 7.04 Court Call -Back Pay
A. An officer called into court while off duty shall be paid overtime for all time served plus
travel time (per Department General Order) or three hours (at time and one - half),
whichever is greater. "Off -duty" for the purposes of this section means the officer is not on
duty, on paid administrative leave, on paid IOD leave, or being paid for any other reason.
B. The City will pay $2.00 per meal for police officers required to be in attendance at court
during meal periods.
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266104.13 ELI 40-029
r 7 fi
ARTICLE 8 DIFFERENTIAL PAY
Section 8.01 Motor Officer, Canine Officer, Detective and Special Assignment Pay
The City shall pay motor officers a monthly $511.01 (Police Officer)
or $640.19 (Sergeant.)
The City shall pay detectives, canine officers and employees
designated by the Chief of Police as having special assignments, $425.84 per month.
Section 8.02 Motorcycle Maintenance
By and through the Association, those unit members assigned to motorcycle duty agree that the
above monthly stipend is reasonably necessary to provide for the cleaning and maintenance of the
assigned motorcycle and that this stipend is intended to compensate unit members assigned to
motorcycle duty for all off duty hours spent cleaning and maintaining their assigned motorcycle,
in compliance with the FLSA and interpretive cases and rulings.
The parties acknowledge that the FLSA, which governs the entitlement to compensation for
motorcycle cleaning and maintenance, entitles the parties to agree to a reasonable number of hours
per month for the performance of off duty maintenance and cleaning duties. The hours
represented by the above stipend in this agreement were determined after an actual inquiry of the
officers assigned to motorcycle duty, as addressed by Leever v. City of Carson City, 360 F.3d
1014 (9`s Cir. 2004.) It is the intent of the parties through the provisions of this section to fully
comply with the requirements of the FLSA. In addition, all parties believe that this section of the
MOU does comply with the requirements of the FLSA.
Since at least 2000, the method of agreeing upon the above stipend and its amount have been in
accord with requirements of the FLSA.
Section 8.03 Canine Unit
By and through the Association, those unit members assigned to canine duty agree that the above
monthly stipend is reasonably necessary to provide for the care and maintenance of the assigned
canine and that this stipend is intended to compensate unit members assigned to canine duty for all
off duty hours spent caring and maintaining for their assigned canine, in compliance with the
FLSA and interpretive cases and rulings.
The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine
care and maintenance, entitles the parties to agree to a reasonable number of hours per month for
the performance of off duty care and maintenance duties. The hours represented by the above
stipend in this agreement were determined after an actual inquiry of the officers assigned to canine
duty, as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9t' Cir. 2004.) It is the intent
of the parties through the provisions of this section to fully comply with the requirements of the
FLSA. In addition, all parties believe that this section of the MOU does comply with the
requirements of the FLSA.
Since at least 2000, the method of agreeing upon the above stipend and its amount have been in
accord with requirements of the FLSA.
Section 8.04 Bilingual Pay
The City will be responsible for utilizing a standardized, industry accepted test to determine
applicants' qualification for Bilingual Pay. _n employee who
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demonstrates conversational fluency in Spanish (or another language designated by the Police
Chief,) and is assigned to duties in which language skills are regularly used, shall be entitled to
premium compensation of $283.90 (Police Officer) or $355.66 (Sergeant) monthly.
ARTICLE 9 PHYSICAL FITNESS INCENTIVE PROGRAM
Section 9.01 Purpose
It is the purpose of the El Segundo Police Department Physical Fitness Program to improve the
level of physical fitness and health among sworn police personnel so that their field performance
will be enhanced and also to improve their overall degree of wellness as an enrichment to their
personal lives as well as a productivity benefit to the City.
Section 9.02 Department Policy
It will be the policy of the Police Department to work with officers individually and assist those
that need to improve their lifestyle habits in order that fitness levels can be improved. There is no
"failure" in participation, only the identification of needs and the recognition of strengths.
Section 9.03 Program Components
The Physical Fitness Program will consist of two basic components; they are a fitness examination
and a fitness assessment.
A. Fitness Examination:
The examination will be comprehensive and will include the cardio - vascular system, the
pulmonary function, a complete blood work -up, body composition analysis, and the lower
digestive tract as well as a strength assessment. It will also include a complete medical
history review with a physician and a subsequent review of the findings as well as an
exercise /nutritional prescription.
B. Fitness Assessment:
1. The fitness assessment is the voluntary component of the program and will be
administered by a department fitness coordinator and fitness committee.
2. The assessment will be a test to measure components of physical fitness which are:
a. Cardio- vascular
b. Strength
c. Body composition
d. Flexibility
The assessment will be administered quarterly and will apply standards developed and
used by the Cooper Aerobics Institute, Dallas, Texas, and will include sliding scales
based on age and sex.
3. From the assessment will be developed a profile which will categorize participants into
levels of fitness. Incentive provisions would then reward participants depending upon
their fitness level.
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4. Rewards would also be available for significant achievements and improvements. These
rewards will be in the form of T- shirts, sports bags, sporting equipment and other similar
incentives. It is thought that these types of rewards could be influential in maintaining
interest and enthusiasm in those participants who would not otherwise qualify for fitness
achievement categories.
ARTICLE 10 COMPENSATORY TIME
Section 10.01 Maximum Accrual
A separate bank shall be established for the accumulation of compensatory time off, with a
maximum accrual of eighty (80) hours. The time bank shall be divided into separate banks for
physical fitness and compensatory time off and the compensatory time bank shall be credited first
with the remainder credited to the fitness pay.
Section 10.02 Physical Fitness Bank - Maximum Accrual Fitness Compensation
A separate bank shall be established for the accumulation of physical fitness time off, with a
maximum accrual of fifty (50) hours. City has the option to pay the employee or increase the time
off bank for physical fitness bonus after 50 hours, with no payoff of accrued time upon separation.
Section 10.03 Firearms Qualification
Police Officers and Police Sergeants will be compensated at their regular hourly rate of pay for
firearms qualification as follows:
Class
Hours per Quarter (3 Calendar Months)
Distinguished Expert 8 hours
Expert
6 hours
Sharpshooter 4 hours
Marksman 2 hours
Qualifying 0 hours
Effective from October 1 2011 through September 30 2013 or September 30 2014 in the event
the MOU is extended by the ESPOA pursuant to Section 26-01), in lieu of accruing pay for
Firearm Qualification unit employees shall accrue an a ulvalent number of hours of limited use
time off,
ARTICLE 11 HOLIDAY PAY
Section 11.01 Eligible Officers
A,ofIE holidAys shall be paid f0F MeWO (Q) elOt (8) hour daYs "; lieu
Personnel who
regularly work holidays shall be credited with 120 hours of paid holiday leave in their holiday
bank.
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Tab stops: Not at 1.25"
- Formatted: Indent: Left: 1"
2'7 �3
ARTICLE 12 SICK LEAVE
Section 12.01 Payment of Sick Leave Accrual - After 10 Years Service
Employees, upon separation, after ten (10) years of service as a sworn law enforcement officer,
will be compensated 50% of their accumulated, unused sick leave at the employee's regular rate of
pay in effect at the time of separation.
Section 12.02 Payment of Sick Leave Accrual - After 20 Years Service
Upon
euFfent rate. °` eetive My 15, 2007 n an employee's separation after twenty (20) years of
service as a sworn law enforcement officer, the City will pay the employee for 100% of his/her
accumulated, unused sick leave at the employee's regular rate of pay in effect at the time of
separation. Upon completing twenty (20) years of service and age 47, an employee may elect to
cash out one -third of earned, unused sick leave, prior to separation, for a period not to exceed three
years, up to the maximum dollar value of deferred compensation "catch up" permitted by law. In
no event, can an employee cash -out a cumulative total greater than that permitted herein, and in no
event shall the post - distribution sick leave balance be less than 120 hours.
Section 12.03 Payment on Disability Retirement
Employees separating from service because of a disability retirement, after five (5) years of
service as a sworn law enforcement officer, will be compensated at 90% of the employee's
accumulated, unused sick leave at the employee's current rate.
Section 12.04 Annual Sick Leave Payout
On or about December 10 of each year, employees who maintain a balance of 1056 hours of sick
leave accrual shall be paid for one half seventy -five percent (75 %) og the sick leave accumulated
and not used during the preceding twelve month period. Effeetive jai), 15, 2006, the vAnual s
leewe payout will be inereased to 75%, Effective from October 1. 2011 through September 30.
2013 (or September 30, 2014.in the event the MOU is extended by the ESPOA pursuant to Section
26.01). in lieu of accruing pay for 75% of sick leave over 1056 hours, unit employees shall accrue
an equivalent number of hours of "limited use" time off.
Section 12.05 Family Emergency Leave
Employees shall have the right to use nine (9) days of accumulated sick leave for family
emergencies. Emergencies are generally of a medical nature, for illness or injury of a family
member.
ARTICLE 13 VACATION LEAVE
Section 13.01 Accrual Schedule — For Employees Hired On or After July 1, 1994
E *eept as set €erd3 in subseetien °£" below, ear e August , -2003 •Vacation for employees
hired on or after July 1. 1994, shall be accrued pursuant to the following schedule:
A. From commencement of the 1st year of service through and including completion of the 5h
year of service — 96 hours per year.
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B. From commencement of the 6th year of service through and including completion of the 10 h
year of service — 120 hours per year.
C. From commencement of the 11th year of service through and including completion of the 15`h
year of service — 144 hours per year.
D. From commencement of the 16th year of service through and including completion of the 16th
year of service — 176 hours per year.
E. From commencement of the 17th year of service and for all years of service thereafter up to
and including the 25th year — an additional 8 hours per years of service (i.e., 17 years = 184
hours, 18 years = 192 hours, 19 years = 200 hours ... 25 years and each year thereafter = 248
hours). - Effective July 15, 2007, the scale of hours for employees with 17 or more years of
service will increase by 8 hours (i.e., 17 years = 192 hours, 18 years = 200 hours, 19 years =
208 hours ... 25 years and each year thereafter — 256 hours).
Section 13.02 Accrual Schedule - For Employees Hired Before July 1, 1994
Vacation for employees hired before July 1, 1994 shall be accrued in accordance with the
following schedule:
A. For the first seven years of continuous service with the City — 96 hours per year.
B. After seven years and until the completion of fourteen years of continuous service — 136 hours
per year.
C. After fourteen years of continuous service and until the completion of sixteen years of
continuous service — 176 hours per year.
D. From commencement of the 17th year of service and for all years of service thereafter up to
and including the 25th year — increasing 8 hours per year of service (i.e., 17 years = 184 hours,
18 years = 192 hours, 19 years = 200 hours ... 25 years and each year thereafter = 248
hours). Effective July 15, 2007, the scale of hours for employees with 17 or more years of
service will increase by 8 hours (i.e., 17 years = 192 hours, 18 years = 200 hours, 19 years =
208 hours ... 25 years and each year thereafter = 256 hours)
Section 13.03 Vacation Sell Back
The City will allow employees in the Association to sell back 100% of their annual vacation
accrual at the regular rate of pay during a single payroll period to be determined each fiscal year
by the employee. The vacation sell back option is available for use by the employee after
completion of one year of service with the City. Effective from October 1. 2011 through
September 30. 2013 (or September 30. 2014- in the event the MOU is extended by the ESPOA
pursuant to Section 26.01), this provision shall be suspended
ARTICLE 14 BEREAVEMENT LEAVE
Section 14.01 Maximum Leave Time
The practice of granting three (3) working days of bereavement leave per incident shall be
increased to 40 hours 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.
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Section 14.02 Immediate Family Members Defined
The definition of the "immediate family" whose funeral or memorial proceeding qualifies for use
of bereavement leave, shall include the children, parents, siblings, grandparents of the employee,
the employee's spouse or significant other.
ARTICLE 15 JURY DUTY
Section 15.01 Provision
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 (defined as
the date on which the employee is directed by jury summons to either commence telephone
contact with the jury administrator and /or appear in court.)
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 pay unless, the employee presents written evidence that the court estimated
during voire dire that the trial would be of two or less weeks duration, or in the alternative the
employee presents written evidence that he /she advised the court that City compensation was
limited to two weeks, that the employee asked to be excused because of this hardship, and the
request was denied.
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.
ARTICLE 16 HEALTH BENEFITS
Section 16.01 Medical Insurance Continuation - On Duty Death
A. If it is determined by the Workers' Compensation Appeals Board and/or the Public
Employees' Retirement System that an Association member has died as a direct and
proximate result of the performance of duties in the course and scope of his /her employment,
then the City shall continue to make group medical insurance premium payments on behalf of
the surviving spouse until age 65, medicare eligibility, whichever comes first. and to the
children of the deceased officer until age 18. Said medical premium payments on behalf of
the children of a deceased officer shall continue if at age 18, the child commences
uninterrupted college enrollment, but not to exceed the age of 23.
B. The City-paid medical insurance premiums described herein shall be in an amount required to
fund the level of medical insurance benefits which the deceased officer was receiving at the
time of his/her death. For example, if at the time of death, the officer was enrolled in a
specific HMO Plan, then future premium payments made pursuant to this article shall be in an
amount required to maintain comparable plan benefits.
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Section 16.02 Optical, Dental, and Life Insurance
The City will pay 100% of the premiums for the agreed upon dental, optical and life insurance for
employees and eligible dependents to the maximum dollar amount of $85 per month. Effective
August 1, 2005, the City's maximum dollar contribution will be increased to $135 per month. The
City will apply the maximum dollar amount to the payment of the various premiums in the
following order of precedence: optical insurance first, then life insurance, and finally dental
insurance
A. The City will adopt a dental plan and pay the premium cost for employees only. The City
reserves the right to determine the insurance carrier with whom the City will contract for
coverage; however, the City agrees to consult with employees through the insurance
committee and consider all suggestions and presentations on the insurance plan to be
purchased.
B. The City will provide every member of the Association with $10,000 of life insurance at City
cost. The City reserves the right to determine the insurance carrier with whom the City will
contract for coverage.
C. The City shall make available any city -wide improvements to the dental benefit, to the
Association.
D. Selection of the vision insurance plan carrier shall be made by the City
Section 16.03 Medical Contract
The City contracts with the California PERS for the Public Employees' Medical and Hospital Care
Program for medical insurance.
Section 16.04 City Medical Contribution
The monthly City-paid Health Insurance Premium Contribution for medical /mental health
insurance will be equal to the average dollar cost of the premium for an employee and two (2) or
more dependents for the HMO's available to employees under the Public Employees' Medical and
Hospital Care Program in the Los Angeles area, as that term is defined by CalPERS (Los Angeles,
San Bernardino and Ventura County)
During the term of this Agreement, either party may reopen the contract in order to consider
alternatives to the PERS medical plan. The City agrees that it will only propose plans that provide
for a cost - effective, comprehensive medical package for employees and their families that provide
comparable benefits to current plan, including, but not limited to, portability. There will be no
change in insurance plans prior to the January 2010 plan year without agreement of the parties.
Section 16.05 Body or Heart Scan
Commencing July 1, 2008, each employee shall be eligible to receive a "body or heart scan" to be
conducted once every two (2) years at City expense. Eligibility for the "body or heart scan" shall
be determined by the examining physician at the Westchester Medical Group /Center far Heart and
Health during the employee's annual examination pursuant to the July 3, 2003 FITNESS FOR
DUTY POLICY. The physician shall determine whether or not undertaking a "body or heart
scan" is reasonable and appropriate.
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Section 16.06 Maximum City Funding of Active Employee/Retiree Insurance Premiums
The cumulative monthly City- funding of any PERS medical insurance plans for active employees
and/or retirees, shall not exceed $1,800.00 per month.
ARTICLE 17 UNIFORM AND SAFETY EQUIPMENT ALLOWANCE
Section 17.01 Provision & Annual Allowance
The City shall provide required uniforms and safety equipment to eligible employees. For
purposes of this article, safety equipment shall include a weapon selected by the Police Chief.
Employees eligible for R usi&Fm rleafling allawanee shall reeeive $325.90 per )'0 F. cff
August 1, 2004, the un&Fm eleaning 8110WMW Will be iRffeffied t8 $450.90 PeF �'e - Tizxwn-rc
August 1, 2005, the uniform eleaRing allawance will be i*IGF@aSOd W $500.00 pef ye f. Effestive
july 15, 2996, the unif;qFm eleaning allowance will be iRMaNd W $675.90 POF 5'0 r PffaytWe
ul 15, 2007 the ni f . e,e... ing allwAe In addition. the Citv shall pay to each unit
employee a uniform allowance of $715.00 per year, Effective from October 1. _
2011 through September 30. 2013 (or September 30. 2014, in the event the MOU is extended by
the ESPOA pursuant to Section 26.01). the City shall not pay a uniform allowance-
ARTICLE 18 RETIREMENT BENEFITS
Section 18.01 PERS Retirement Formula
Formatted: Font: 30 pt
Formatted: Font: 10 pt
A.—The City has implemented the 3% at 50 PERS retirement formula for all affected employees. - Formatted: Indent: Left: P'
A-.B. For employees first hired by the City in a sworn capacity on or after October 1. 2011. (or Formatted: Indent: Left: 1"
such later date as the City's contract with Ca1PERS becomes effective) the retirement formula
shall be 3% at 55, pursuant to California Government Code Section 21363 1
Section 18.02 PERS Pickup Reported as "Compensation Earnable"
The City shall pay on behalf of each employee his or her required 9% "employee contribution" to- Formatted: Body Text Indent 3, Indent•- . Left: ,
CalPERS, pursuant to California Government Code 20961. Effective from October 1 2011 1 ", Tab stops: 0 ", Left + Not at 0.25" + 1.5"
through September 30. 2013 (or September 30. 2014, in the event the MOU is extended by the + 1.88" + 3.25"
ESPOA pursuant to Section 26.01), the City shall pay on behalf of each employee six percent
(6 %) of his or her required "employee contribution" to CalPERS and the employee sh 111 pay three
percent (3 %)
Additionally, the City shall report c set dallm amount equal to the nine pffreRt (W4 -the full
amount of its nick -up of the required "employee contribution" to the California Public Employees'
Retirement System as compensation earnable, pursuant to California Government Code
20636(c)(4). Said contributions will also be paid on holiday pay received by eligible employees.
Section 18.03 Optional Contract Provisions
A. The City shall provide "Level 4" 1959 Survivors Benefits.
B. AS 500H as Pr&8ti8ahl0, the Gity shall " ...,.di6, 4s PERS enqtFRAt tA The City shall- provide for
the Government Code § 21548 PRE- RETIREMENT OPTION 2W DEATH BENEFIT.
C. The City shall provide the Single Highest Year formula.
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Section 18.04 Minimum Service with City of El Segundo to Receive Retirement Benefits
Employees who retire must have been employed for a minimum of five (5) years with the City of
El Segundo as a peace officer to receive the following benefits: pay for unused sick leave balance;
the option of continuing to participate in the City's group insurance programs; and the right to
receive a contribution toward medical insurance for the retiree and 1 dependent.
Section 18.05 Retiree Health Insurance Contribution Program
The City will contribute to a retiree health insurance contribution program for zetirees who
participate in the Public Employees' Medical and Hospital Care Program. The program will
provide for the following maximum contribution:
Year of Retirement Amount of Monthly Contribution
1995 and after Average dollar cost of the premium for an
employee and 2 or more dependents for the
HMO's available to employees under PEMHCA
ARTICLE 19 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT
Section 19.01 Direct Deposit
It is agreed between the City and the Police Officers' 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 Finance, together with a statement of their reasons therefore.
Exceptions to this direct deposit policy shall not be unreasonably denied.
Section 19.02 Flexible Spending Account
The City will maintain the Flexible Spending Account pursuant to the terms and conditions of the
Internal Revenue Code.
ARTICLE 20 COMPUTER LOAN PROGRAM
Section 20.01 Initial Loan
All participants in the loan program will be eligible for an initial, interest free loan in the amount
of $4,000 (four thousand dollars).
Section 20.02 Prior and Outstanding Balances
An employee with an outstanding balance on a prior computer loan as of July 1, 1997, will have
that amount currently due from the previous loan subtracted from the amount the employee can
borrow interest free under this program.
Section 20.03 Requirements and Conditions
A. Subsequent loans or amounts in excess of the above maximum interest free loan, would be at
the currently interest rate of 3 %. All loans would include a 36 -month repayment term.
B. Eligible purchases shall be expanded to include ergonomic - related furniture and equipment.
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C. Anti -viral software shall be required as a prerequisite in granting requested loans.
D. 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. City is to be notified of any
exchange or updating of equipment.
E. The practice of "refinancing" to the maximum loan amount is prohibited. "After- the - fact"
financing is allowed only with prior approval of the Director of Finance or his/her designee.
F. Loans shall be repaid through payroll deductions over a 3 year period. Outstanding loan
balances must be paid off at the time that 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.
ARTICLE 21 MATERNITY POLICY
Section 21.01 Policy
An officer to may transfer to a light duty assignment, at any point during pregnancy, with
physician verification of a need for placement in a light duty assignment. Additionally, an officer,
upon return from leave of absence, will resume her previous assignment or bid on a position
wherever possible.
ARTICLE 22 CATASTROPHIC LEAVE PROGRAM
Section 22.01 Definition of a Catastrophic Illness or Injury
A catastrophic illness or injury is a chronic or long -term health condition that is incurable, or so
serious that, if not treated, would likely result in a long period of incapacity.
Section 22.02 Eligible Employees for Donation and Program Usage
A. All permanent full -time or part-time swom employees will donate 6.00 hours of either sick
leave, vacation or compensatory leave time, per year, to the catastrophic leave bank, until a
unit total of 1,000 hours have been contributed to the catastrophic leave bank. Employees
may donate additional time to the catastrophic leave bank by completing a Catastrophic
Leave Time Donation Request Form prior to donating more accumulated leave time.
Employees, or their designated representative, requesting use of the leave bank must complete
a Request to Receive Catastrophic Leave Time Form as soon as possible prior to, or within a
reasonable time frame after, catastrophic illness or injury. Completed forms must be
submitted to the Director of Human Resources/Risk Management or his/her designee.
B. Forms are available from the Human Resources Department, The Human Resources
Department will maintain all Catastrophic Leave Policy materials.
Section 22.03 Policy Procedures
A. Administration - This bank will be administered by a joint employer /employee committee
composed of two (2) representatives from the El Segundo Police Officers' Association, one
(1) from the Human Resources Department and one (1) from the Finance Department.
B. Donation Requests - In addition to the July 1 mandatory donation, eligible employees may
transfer additional accrued sick leave, vacation or compensatory leave time for donation to an
employee, or employees experiencing catastrophic illness /injury and who have exhausted all
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or'8r�
other personal leaves. Donated time can only be made in increments of four (4) hours.
Additionally, employees shall designate whether their 6.00 hour contribution made to the
catastrophic leave bank shall be made from the sick, vacation or compensatory leave banks.
Should recipient employees not use all their allocated donated time, any balance will remain
in the bank for future utilizations.
C. Transfer requests will be reviewed by the Catastrophic Leave Committee for approval and for
verification that the donating employee maintains the required minimum 1020 leave hours
after his or her donation.
D. Donations of accumulated time are irrevocable.
E. Catastrophic leave shall not be used to supplement leaves due to industrial injuries or illness.
However, catastrophic leave may be used to supplement long -term disability benel its.
ARTICLE 23 LAYOFF PROCEDURES
Section 23.01 Grounds for Lavoff - Whenever, in the judgment of the City Council, it becomes necessary to
reduce the workforce, 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 or her designee. The City Manager shall recommend to the City Council each
classification to be affected by any such change.
Section 23.02 Notice to Emnlovees - An employee filling a full time position shall be given fourteen (14)
calendar days prior notice of layoff. Employees transferred, reduced or displaced shall be given
five (5) calendar days notice. The City Council may approve a reduction in the notice
requirements, if so recommended by the City Manager.
Section 23.03 At -Will Emalovees - 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 at -will. The promotional
probationary employee shall revert to his/her previously held classification and position without
loss of seniority.
Section 23.04 Procedures for Lavoff - 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. City seniority shall be used to effectuate the
procedures set forth in this Article. Seniority for part-time employees shall be calculated as one -
half ( %) time from the date of hire with the City.
Section 23.05 Breaking Ties - In cases where two or more employees have the same date of hire (i.e. equal
seniority), retention points for job performance shall be credited on the basis of the average of the
overall evaluation ratings for the last three (3) years, provided the last rating had been filed more
than thirty (30) days prior to the date of the layoff notice. Retention points are as follows:
Above Standard - 24 points
Standard 12 points
Below Standard - 0 points
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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 overall
evaluation ratings for the last three (3) years on file, ties shall be broken by a coin toss.
Section 23.06 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
seniority, 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.
Section 23.07 Displacement Riehts
A. An employee designated for layoff as a result of abolition of a position or classif cation may
displace ( "bump ") an employee in a lower classification in which the employee has prior
service, provided the laid off employee has greater seniority than the employee in the lower
classification.
B. An employee designated for layoff with greater seniority may displace ( "bump ") a less senior
employee in a lower classification, for which he /she is immediately qualified to perform.
Section 23.08 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.
Section 23.09 Reemnloyment List
The names of permanent employees who have been laid off under this section (including
employees who have bumped down) shall be placed, in order of seniority from highest to lowest,
on a reemployment list for their classification or any lower classification for which the employee
is qualified by education and/or experience. Persons on such lists shall retain eligibility for
appointment therefrom for a period of three years from the date their names were placed on the
list. As a vacancy within a classification or lower related classification becomes available, the
name appearing at the top of the list shall be offered the opportunity to fill the vacancy. The name
of an individual selected from the list to fill the vacancy who refuses the reemployment offer shall
be permanently removed from the reemployment list without right of appeal. Laid -off employees
do not earn seniority credit or benefits while on the reemployment list.
Section 23.10 Letter of Layoff
The City shall provide all employees who were laid off from the City a service letter setting forth
that the employee was laid off and is eligible for reemployment. Those employees who were
displaced to lower positions will be granted, upon the employee's request, a letter from the City
stating the employee was reduced in status as a result of a layoff and is eligible for reemployment
to the higher level position.
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Section 23.11 Rights on Reemployment
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 layoff. Upon reemployment, employees will be placed on the same salary
step held at the time of layoff.
Section 23.12 Appeal
An employee who 1) has not been provided a letter of layoff, per Section 24.10 , the employee
shall be treated as if he /she had been terminated for disciplinary purposes and shall be permitted to
appeal the decision per the Disciplinary Appeal Procedure; or 2) has not been provided proper
bumping or displacement rights, may file an appeal to the Director of Human Resources/Risk
Management.
' Formatted: Indent: Left: 0"
Formatted: Font: Bold
Section 23.13 Limited Agreement Not to Lay Off
The City agrees to guarantee that no layoffs of unit members will occur during the term of this
MOU unless at any time during the term of the contract the general fund actual core gross
revenues as defined in Article 2 for any six month period fall seven and one half Percent (7.5 %)
below the prior fiscal year actual core gross revenues for the same six month period.
2 before instituting any layoffs the City will agree to meet and confer in good faith with the '
,association to explore alternative cost saving approaches._
ARTICLE 24 GRIEVANCE PROCEDURE
Section 24.01 Definition of Terms
Grievance - A grievance is an alleged violation, misinterpretation or misapplication of a specific
written departmental or agency rule or regulation or a specific provision of a Memorandum of
Understanding. A grievance is distinct from an appeal arising from disciplinary action in that it a
grievance is a violation, misinterpretation or misapplication of a specific written departmental or
agency rule and/or policy or specific provision of a Memorandum of Understanding.
Grievant - A grievant is an employee or group of employees adversely affected by an act or
omission of the agency.
Day - A day is a business day (Monday- Friday).
Immediate Supervisor - The first level supervisor of the grievant.
Section 24.02 Time Limits
A. Compliance and Flexibility
With the written consent of both parties, the time limitation for any step may be extended or
shortened.
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266104.13 EL140 -029
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Formatted: Indent: Left: 0.5 ", No bullets or
numbering
Formatted: Font: 10 pt
Formatted: Font: 10 pt
Formatted, Font: Times New Roman, 30 pt
289
B. Calculation of Time Limits
Time limits for the appeal provided in each level shall begin the day following receipt of a
written decision or appeal by the parties.
C. Failure to Meet Time Limits
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 grievants in accordance with the time limits, the decision last
made by the City shall be deemed final.
Section 24.03 Procedure
Grievances will be processed as follows:
A. Level I - Within ten 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 informally with the employee's immediate supervisor. The supervisor shall hold
discussions and attempt to resolve the grievance within five (5) days.
B. Level II - If the grievance is not resolved at Level I, the grievant may submit a written
grievance to the second level supervisor within five (5) days following the expiration of time
at Level I.
1. Procedure for Filing a Grievance - In filing a grievance, the employee should set forth
the following information:
a. If possible, the specific section of the 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. The documents, witnesses or other evidence which support the grievant's position,
which are known to the grievant at the time of filing the grievance, shall be presented
with the grievance and may be supplied after the initial filing of the grievance.
e. The remedy requested.
C. Level III - If the grievance is not resolved by the second level supervisor, the grievant may
present the grievance in writing to the department head within five (5) 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 five (5) 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.
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Section 24.04 Matters Excluded from the Grievance Procedure
A. The grievance procedure is not intended to be used for the purpose of addressing 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 beyond the department head.
C. The procedure is not intended to be used to challenge the merits of a reclassification, layoff,
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, suspension or
a termination, but are subject to the formal appeal process outlined in Ordinance 586.
Section 24.05 Conferences
Grievants and City representatives, upon request, shall have the right to a conference at any level
of the grievance procedure.
ARTICLE 25 POLICIES
Section 25.01 Occupational Injury and Illness Policy
The parties have agreed upon an Occupational Injury and Illness Policy, dated July 22, 2003.
Section 25.02 Disability Retirement Policy
The parties have agreed upon a Disability Retirement Policy, dated July 22, -1 03Mav 2010.
Section 25.03 Fitness for Duty Policy
The parties have agreed upon a Fitness for Duty Policy, dated July 3, 2003.
Section 25.04 POBR LIMITED APPEALS
The following administrative appeal process is established pursuant to Government Code §
3304.5. It shall supplement, though not replace, the disciplinary appeal process established
pursuant to the City of El Segundo Ordinance utilizing the Los Angeles County Civil Service
Commission hearing process (Municipal Code § 1- 6 -16.)
This procedure shall not apply to disciplinary actions for which officers already are entitled to
receive an appeal pursuant to the City Ordinance utilizing the Los Angeles County Civil Service
Commission hearing process (set forth in Municipal Code § 1- 6 -16.) It shall only apply to
punitive actions, as that term is defined by Government Code § 3303, for which officers do not
already receive an appeal hearing before the Los Angeles County Civil Service Commission.
Right to Administrative Appeal
A. Any public safety officer (as defined by Government Code § 3301) who is
subjected to punitive action (as defined by Government Code § 3303) consisting
of a written reprimand, a transfer for purposes of punishment, specialty,
assignment, bonus, or similar pay, or a suspension for five (5) or less days, is
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266104.13 ELI 40-029
291
entitled to an administrative appeal only pursuant to this procedure. An officer
shall not be entitled to appeal an action prior to its imposition.
B. The City and the Association mutually agree to reopen the Memorandum of
Understanding regarding the drafting of a POBR Hearing Policy regarding a
reduction in salary caused by a reassignment resulting in a loss of incentive ,
specialty assignment, bonus or similar pay.
An officer who appeals a punitive action under this procedure shall bear his/her
own costs associated with the appeal hearing, including but not limited to any
and all attorney fees. The cost of a hearing officer shall be equally borne by the
Association and the City.
Appeal of Written Reprimands
A. Within five (5) calendar days of receipt by an officer of notification of punitive
action consisting of a written reprimand, the officer shall notify the Chief of
Police in writing of the officer's intent to appeal the written reprimand.
The notice of appeal shall specify the action being appealed and the substantive
and procedural grounds for the appeal.
Hearing Officer (Appeal of Written Reprimands Only)
A. The City Manager shall hear appeals of written reprimands, and may adopt,
modify or reject the written reprimand. The City Manager's decision shall be
final and binding.
The City Manager level administrative appeal shall not be a trial-type
evidentiary hearing. The limited purpose of the hearing shall be to provide the
officer with an opportunity to establish a record of the circumstances
surrounding the action and to seek modification or rejection of the written
reprimand. There shall be no subpoenas issued (for people or documents.)
Appeal of Other Punitive Action
A. Appeal of punitive action consisting of suspensions of five (5) or less days, a
transfer for purposes of punishment, or a reduction in salary caused by a
reassignment shall be subject to appeal by means of the officer filing an appeal
with the Chief of Police within five (5) calendar days of receipt by the officer of
notice of punitive action being implemented on a date certain. The officer shall
notify the Chief of Police in writing of the officer's intent to appeal said action.
The notice of appeal shall specify the action being appealed and the substantive
and procedural grounds for the appeal.
The appeal shall be presided over by a hearing officer selected from a list of
nine (9) provided by the State Mediation and Conciliation Service. The hearing
officer shall be selected by alternate striking of names by the respective parties.
Conduct of Hearing (5 days or less suspensions, transfers for purposes of
punishment, reduction in salary caused by a reassignment.)
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266104 13 EL140 -029
2 9
A. The formal rules of evidence do not apply, although the hearing officer shall
have discretion to exclude evidence that is incompetent, irrelevant or
cumulative, or the presentation of which will otherwise consume undue time.
B. The parties may present opening statements.
C. The parties may present evidence through documents and direct testimony.
D. The parties shall not be entitled to confront and cross - examine witnesses.
E. Following the presentation of evidence, if any, the parties may present closing
arguments.
F. Recording of the Hearing
The hearing shall be audio recorded.
G. Representation
The officer may be represented by a representative of his or her choice at all
stages of the proceedings. All costs associated with such representation and the
presentation of the officer's case, shall be home by the Association.
The Department shall also be entitled to representation at all stages of the
proceedings. The Department shall bear its cost of representation and of
presentation of its case.
6. The hearing officer fees shall be equally bome by the City and the Association.
Decision
A. The decision of the hearing officer shall be final subject to the right of each
party to the proceeding to contest the hearing officer's determination by means
of a C.C.P. § 1094.5 petition for writ of mandate.
Section 25.05 Drug Free Work Place Policy
The City and the Association mutually agree to reopen the Memorandum of Understanding
regarding the City's Substance Abuse Policy and Drug Free Work Place Statement, drafted July 1,
2008.
Section 25.06 Retiree Medical Trust
The City and the Association mutually agree to reopen the Memorandum of Understanding
regarding the establishment and administration of a PORAC Retiree Medical Trust for Association
members.
ARTICLE 26 TERM OF AGREEMENT
Section 26.01 Term
The term of this MOU shall commence on July- October 1, 201108 and shall end on September 30,
20131; provided however the Association shall have the unilateral
Page 31 J*October 1, 201198- September 30, 2013- MOU
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293
option to extend this agreement one additional year (to September 30 2014) by providing written
notice to the City Manager on or before A+tgwq4March 30. 2013.
' Formatted: Indent: Left: 0 ", Tab stops: Not
ARTICLE 27 "LIMITED USE" TIME OFF at 1" + 1.38" + 1.63" + 2.13" + 2.25" +
2.75" + 2.88" + 3.5" + 3.75" + 4" + 4.25"
Section 27.01 As specified in this MOU employees granted "limited use" time off in lieu of pay shall be + 4.5" + 4.75" + 5" + 5.5" + 5.69"
permitted to accrue such paid leave without limitation An employee wishing to use "limited use
time off must obtain approval from his or her supervisor. "Limited use" time off requests shall
gem ral� lv only be granted when at the time of the request it does not appear that an overtime
backfill will be required Once a request for "limited use" time off is approved, it shall be granted.
Employees cannot cash in "limited use" time off except upon separation from the City. Upon
such separation an employee shall be paid for all "limited use" time off at the employee's regular
rate of pay then in effect, I Formatted: Font: Not Bold
ARTICLE 28 WORK SCHEDULE
Section 28.01 Work schedule - prior to January 2012 bid Formatted: Normal, Indent: Left: 0 ",
4 Hanging: 1 ", Don't keep lines together, Tab
Unit employees assigned to Patrol shall work a 4/10 work schedule that consists of a weekly 4 stops: Not at - 0.75" + -0.5" + 1.75" + 2.31"
+ 2.5' + 3" + 3.25"
schedule of four consecutive work days of 10 consecutive hours each (inclusive of paid breaks
and a 45- minute paid meal period) followed by three consecutive days off. Formatted: Normal, Indent: Left: o ",
Hanging: 1 ", Don't keep lines together
Section 28.02 Alternate Work Schedule- post January 2012 bid Formatted: Normal, Indent: Left: 1 ", Don't
keep lines together
Effective coincident with the start of the January 2012 bid employees assigned to Patrol will work Formatted: Normal, Indent: Left: 0 ",
either a 3/12.5 or 3/12.5 - 4/10 hybrid schedule The determination of which schedule is used
Hanging: 1", Don't keep lines together
shall be made jointly by the police chief.
a X12.5 schedule - consists of a weekly schedule of three consecutive work days of 12.5 F
Formatted: Font: 10 pt, underline
consecutive hours each (inclusive of paid breaks and a 45- minute paid meal period) followed
Formatted: List Paragraph, Don't keep lines
by three consecutive days off. In addition each employee shall be scheduled to work one
together
additional shift each of 10 consecutive hours (inclusive of paid breaks and a 45- minute paid
meal period) each 28 days.
b 3/12.5 4/10 hybrid schedule — consists of having some employees being regularly assigned a_
Formatted: Font: 10 pt, No underline
3/12.5 schedule (see above) and others being regularly assigned a 4/10 schedule (see Section
Formatted: Font: 10 pt, No underline
28 01 above) The determination of what days of the week will be assigned either the 3112.5
or the 4/10 shall be made by mutual agreement of the parties- _
Formatted: No underline
Formatted: Normal, Indent: Left: 1 ", Don't
Trial Period - The alternate schedule implemented coincident with the January 2012 bid shall be
keep lines together
in effect for eighteen (18) months during which the parties will assess it. Periodically the police
Formatted: Font: 10 pt, Bold, underline
chief and the association will meet to discuss the effectiveness of the alternate schedule and to
resolve issues that might arise Either the police chief or the association may terminate the
alternate schedule by providing the other party with written notification during the period that is at
least 15 days and not more than 30 days prior to the expiration of the 18 month trial period. If
the alternate schedule is terminated patrol personnel shall revert to the 4/10 schedule coincident
with the July 2013 bid If not terminated during the he appropriate period the alternate schedule then
in effect shall become the regular patrol schedule unless and except modified at subsequent
Formatted: Normal, Indent:
negotiations.
Hanging: 1 ", Don't keep nes together
Formatted: Indent: Left: 0 ", Tab stops: Not
at 1" + 1.38" + 1.63" + 2.13" + 2.25" +
2.75" + 2.88" + 3.5" + 3.75" + 4" + 4.25"
'
+ 4.5" + 4.75" + 5" + 5.5" + 5.69"
Page 32 J*Qctober 1, 20119$- September 30, 2013 -1 MOU
266104.13 ELI 40-029
2, 4
Signed by the City: Signed by the Association:
Date
266104.13 ELI 40-029
Date
Page 33 3*October 1, 201189- September 30, 20134- MOU
295
15. Consideration and possible action to adopt a resolution
amending the benefitis for the City's Management Confidential
Group (unrespresented employees).
(Fiscal Impact: Estimated Savings FY 2011/2012 of $256,077.00)
Recommendation - 1) Adopt resolution amending the benefits for the
City's Management Confidential employees; or 2) Alternatively discuss
and take other action related to this item.
ITEM TO BE DELIVERED UNDER SEPARATE COVER
is
29(;
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: October 4, 2011
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding salary and benefit concessions by the City's
unrepresented group of Executive employees. 15.(Fiscal Impact: Estimated FY 2011/2012 Savings
of $133,398)
RECOMMENDED COUNCIL ACTION:
1. Adopt the Resolution amending Chapter IA2 of the El Segundo Administrative Code
2. Approve the following:
• Non - safety Department Heads pay seven percent (7 %) of the PERS Member Contribution.
• Public Safety Department Heads pay nine percent (9 %) of the PERS Member Contribution.
3. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution
FISCAL IMPACT:
Total Fiscal Impact: Savings of $$133,398
Amount Budgeted:
Additional Appropriation: None
Account Number(s):
ORIGINATED BY: Martha Dijkstra, Human Resources Manager
REVIEWED BY: Deborah Cullen, Director of Finance /Human Resources
APPROVED BY: Mark Hensley, City Attorney
BACKGROUND AND DISCUSSION
As part of the City's effort to address the rising costs of public employee pensions, and the need for
employees to increase their share of PERS pension costs with the City, it is recommended that the following
salary and benefit concessions take effect as follows:
1) Non - safety Department Heads shall pay seven percent (7 %) of the PERS Member Contribution,
which represents the full amount of the required contribution.
2) Public Safety Department Heads shall pay nine percent (9 %) of the PERS Member Contribution,
which represents the full amount of the required contribution.
The above shall take effect on October 8, 2011, which is the beginning of the first payroll period for Fiscal
Year 2011 -2012.
Ito
R9 _�-
RESOLUTION NO.
A RESOLUTION PROVIDING FOR SALARY AND BENEFIT CHANGES
TO CHAPTER IA2 (MANAGEMENT- CONFIDENTIAL SERIES) OF THE
EL SEGUNDO ADMINISTRATIVE CODE.
The City Council of the City of El Segundo does resolve as follows:
Section 1: Section 1A2.153, entitled "PERS Member Contribution" is added to the El
Segundo Administrative Code as follows:
Non - Safety Department Heads shall pay seven percent (7 %) of the PERS
Member Contribution effective October 8, 2011.
Public Safety Department Heads shall pay nine percent (9 %) of the PERS
Member Contribution effective October 8, 2011.
Section 2: 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 3: This Resolution will become effective immediately upon adoption and
PASSED AND ADOPTED this 4th day of October , 2011.
Eric K. Busch,
Mayor
x9--"tQ
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 4th
day of October, 2011, 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
, 2011.
-z -
Cindy Mortesen, City Clerk
of the City of El Segundo,
California
(SEAL)
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger
Assistant City Attorney
�q }b
EL SEGUNDO CITY COUNCIL MEETING DATE: October 4, 2011
AGENDA STATEMENT AGENDA HEADING: Mayor Busch
AGENDA DESCRIPTION:
Consideration and possible action to direct staff to prepare a zone text amendment to
allow mechanical equipment and other accessory structures to encroach into interior (side
and rear) yards in commercial and industrial zone districts. (Fiscal Impact: none)
RECOMMENDED COUNCIL ACTION:
1. Direct staff to prepare a draft zone text amendment amending El Segundo Municipal
Code (ESMC) §15 -2 -7 to allow mechanical equipment and other accessory structures
to encroach into interior (side and rear) yards in commercial and industrial zone
districts; and /or
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Eric Busch, Mayor
REVIEWED BY: Greg Carpenter, Director of Planning and Building Safety%
APPROVED BY: Doug Willmore, City Manager
BACKGROUND AND DISCUSSION:
The City of El Segundo Department of Planning and Building Safety has recently received
several requests to allow accessory mechanical equipment to be located within required side and
rear interior setback areas on commercial and industrial zoned property. Existing buildings and
other site planning considerations currently pose a challenge to the development and
redevelopment of commercial and industrial sites within the City. Currently ESMC §15 -2 -7
allows for certain encroachments into required setback open space areas. However, this zoning
code standard, as currently written, is more applicable to minor encroachments associated with
residential properties. The request is to direct staff to evaluate current practice within the City
and in neighboring jurisdictions allowing encroachments into required interior (side and rear)
setback areas on commercial and industrial properties and prepare a draft zone text amendment.
If directed, staff will investigate standards to control the location, size, height, screening and
mechanical performance of equipment within required setback areas and prepare a draft zone
17
298
text amendment to ESMC §15 -2 -7 to allow for mechanical equipment to be located with required
interior (side and rear) setback areas.
P: \Planning & Building Safety \0 Administrative \Council Staff Reports 2011 \2345 Alaska .TimeWarner.ccrpt.10.04.2011
129.9