2012 Nov 06 - CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, November 6, 2012 — 5:00 PM
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 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.
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 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, as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) -1- matter
1. City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- matter.
Initiation of litigation pursuant to Government Code §54956.9(c): -2- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -1- matter
1. Request for unpaid leave (pursuant to El Segundo Municipal Code
Section 1 -6 -20)
Position/Title: Police Officer
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) —0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0-
matters
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -1-
matters
1. Sale or Lease of City Owned Property (Price and Terms):
Real Property: City owned parking lot at Corner of Main Street and Grand
Avenue
(Assessor Parcel Number: 4135- 003 -901)
City's Negotiator: Greg Carpenter, City Manager
2
AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, November 6, 2012 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Father Alexei Smith, St. Andrew Russian Greek Catholic Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Fuentes
M
PRESENTATIONS
a) Proclamation for Spark of Love Toy Drive.
b) Presentation - Fill- the -Boot Campaign. Megan Berry, Director of Business
Development - Los Angeles Chapter Muscular Dystrophy Association.
c) Presentation — Car 2 Go Program
d) Presentation — Wiseburn School District Update — Tom Johnstone,
Superintendent
ROLL CALL
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Agenda by title only.
Recommendation — Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
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C. UNFINISHED BUSINESS
1. Consideration and possible action regarding 1) Approval of a Memorandum
of Understanding (Labor Agreement) between the City of El Segundo and
the California Teamsters Public, Professional and Medical Employees
Union, Local 911, Supervisory and Professional Employees' Association
(SPEA) bargaining unit; 2) Adoption of a Resolution approving the
Memorandum of Understanding; 3) Adoption of a Resolution establishing
the salary for Environmental Safety Manager; and 4) Adoption of a
Resolution for CalPERS Employer Paid Member Contribution (EPMC) for
Supervisory and Professional Employees' Association.
(Fiscal Impact: Estimated Savings FY 2012/2013 of $339,900.00)
Recommendation — 1) Adopt the Resolution approving the Memorandum of
Understanding; 2) Adopt the Resolution establishing the salary for Environmental
Safety Manager; 3) Adopt the Resolution for Employer Paid Member
Contribution; 4) Alternatively, discuss and take other action related to this item.
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 items) will be considered individually under the next heading of
business.
2. Warrant Numbers 2589674 - 2590098 on Register No. 2 in the total amount
of $2,385,035.62 and Wire Transfers from 10/04/2012 through 10/25/2012 in
the total amount of $3,225,231.05.
Recommendation — Approve Warrant Demand Register and authorize staff to
release. Ratify Payroll and Employee Benefit checks; checks released early due
to contracts or agreement; emergency disbursements and /or adjustments; and
wire transfers.
3. Regular City Council City Council Meeting Minutes of October 16, 2012. _
Recommendation — Approval. —
5
5
4. Consideration and possible action regarding the close out of the Urban
Areas Security Initiative ( "UASI ") grant Program Year 2008, and related
contract amendment.
(Fiscal Impact: N /A�
Recommendation — 1) Authorize the City Manager to sign a Supplemental
Agreement with the City of Los Angeles who serves as grant administrator for the
UASI 2008 grant program; 2) Alternatively, discuss and take other action related
to this item.
5. Consideration and possible action to adopt a Resolution to approve a
Youth Employment Plan in accordance with the Los Angeles County
Regional Park and Open Space District's Procedural Grant Guide for Youth
Employment Policy.
Fiscal Impact: None) _
Recommendation — 1) Adopt Resolution; 2) Alternatively, discuss and take other
action related to this item
6. Consideration and possible action to authorize the City Manager to sign
and enter into an agreement, reviewed by the City Attorney, with the
American Red Cross to use the Joslyn Community Center and the Gordon
Clubhouse facilities as emergency shelters in the event of a disaster in El
Segundo.
(Fiscal Impact: None)
Recommendation — 1) Authorize the City Manager to sign and enter into an
agreement, reviewed by the City Attorney, with the American Red Cross to use
the Joslyn Community Center and the Gordon Clubhouse facilities as emergency
shelters in the event of a disaster in El Segundo; 2) Alternatively, discuss and
take other action related to this item.
7. Consideration and possible action to receive and file this report regarding
the emergency repair of fuel pumps at the Maintenance Yard.
Fiscal Impact: $1,15.8.68)
Recommendation — 1) File and receive this report regarding the emergency
repair of the fuel pumps at the Maintenance Yard; 2) Alternatively, discuss and
take other action related to this item.
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8. Consideration and possible action regarding authorizing the recording of
the Notice of Completion and authorizing the City Manager to accept
completion of work for 42 homes related to the City's Residential Sound
Installation Program's Group 43 (Project No. RSI 12 -02).
Fiscal Impact: $1,517,879.19
Recommendation — 1) Authorize the City Clerk to file the City's Planning and
Building Safety Director's Notice of Completion in the County Recorder's Office;
2) Authorize the City Manager, or designee, to close out Project No. RSI 12 -02;
3) Alternatively, discuss and take other action related to this item.
F. NEW BUSINESS
9. Consideration and possible action to 1) adopt a resolution of intent to
approve an amendment to the contract between the California Public
Employees' Retirement System (CaIPERS) and the City of El Segundo to
provide Government Code § 20475 (Different Level of Benefits for the 2% @
60 formula) for Local Miscellaneous Members entering into membership
after the effective date of the Contract; 2) Introduce and waive first reading
of an ordinance amending the contract between the City and CalPERS; 3)
schedule second reading and adoption for December 4, 2012; and 4) take
such additional, related, action that may be desirable.
Fiscal Impact: None for Fiscal Year 2012/13
Recommendation — 1) Adopt the Resolution of Intention; 2) Introduce and waive
the First Reading of the Ordinance. Second reading and adoption is scheduled
for December 4, 2012; 3) Alternatively, discuss and take other action related to
this item.
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer -
7
Council Member Atkinson —
10. Consideration and possible action regarding the recommendation to
implement a temporary surcharge to design and construct the City's One
Stop Permit Center.
Fiscal Impact: None
Recommendation — 1) Direct staff to initiate the study and bring back a fee
resolution to adopt a temporary surcharge in order to design and construct the
City's One Stop Permit Center; 2) Alternatively, discuss and take other action
related to this item.
Council Member Fisher —
Mayor Pro Tern Fuentes —
Mayor Jacobson -
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property
Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and /or
discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE:
TIME: V
NAME:
W
rortamati on
City of (f 1 Oecgnnbo, Californil
WHEREAS, In an effort to provide for children who otherwise might not experience the joy of the
holiday season, the City of El Segundo Fire Department along with other Southland fire
agencies, has participated in the Spark of Love program for the past twenty years and has
been a collection site for toys and food items donated during the holidays; and
WHEREAS, The ever upward spiraling cost of living burdens disadvantaged and displaced families who
may not be able to give gifts during the holiday season without help from the Spark
Love program; and
WHEREAS, The true holiday spirit is reflected in unselfish giving and our thoughts and hearts go out to
those less fortunate than ourselves; and
WHEREAS, In the past, with the help of civic - minded citizens who live and work in our community,
hundreds of toys plus food items have been collected and distributed to children and
families in El Segundo and other South Bay cities.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo,
California, do hereby proclaim November 12, 2012 through December 13, 2012 as the
Love
TOY DRIVE
The community is encouraged to support this holiday program by contributing toys and non - perishable
foods to the El Segundo Fire Department, Fire Station No. 1 at 314 Main Street, during the period of
November 12 through December 13, 2012.
Wayor Carfjacobson
mayor (Pro hem Suzanne Tuentes C'ounca Wember oiff Fisher
CouncilWemfier (Dave Atkinson CouncilWemberWarie Fefffaauer 10
Presentation
Fill- the -Boot campaign,
Megan Berry, Director of Business Development
Los Angeles Chapter Muscular Dystrophy
Association
11
Presentation
Car 2 Go Program
12
Presentation
Wiseburn School district Update
Tom Johnstone, Superintendent
13
EL SEGUNDO CITY COUNCIL MEETING DATE: November 6, 2012
AGENDA STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Consideration and possible action regarding 1) Approval of a Memorandum of Understanding
(Labor Agreement) between the City of El Segundo and the California Teamsters Public,
Professional and Medical Employees Union, Local 911, Supervisory and Professional Employees'
Association (SPEA) bargaining unit 2) Adoption of a Resolution approving the Memorandum of
Understanding, 3) Adoption of a Resolution establishing the salary for Environmental Safety
Manager and 4) Adoption of a Resolution for CalPERS Employer Paid Member Contribution
(EPMC) for Supervisory and Professional Employees' Association. (Fiscal Impact: Estimated
Savings FY 2012/2013 of $339,900)
RECOMMENDED COUNCIL ACTION:
1. Adopt the Resolution approving the Memorandum of Understanding.
2. Adopt the Resolution establishing the salary for Environmental Safety Manager.
3. Adopt the Resolution for Employer Paid Member Contribution.
4. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution approving the Memorandum of Understanding between the City of El Segundo and
SPEA.
2. Memorandum of Understanding — Exhibit "A ".
3. Resolution for the Environmental Safety Manager salary.
4. Resolution for Employer Paid Member Contribution for SPEA.
FISCAL IMPACT:
Total Fiscal Impact: Estimated Savings FY 2012/2013 of $339,900
Amount Budgeted:
Additional Appropriation: None
Account Number(s):
ORIGINATED BY: Martha A. Dijkstia; Human Resources Manager
REVIEWED BY: Deborah Cullen, Director of Fina ce/Hu nan Resource
APPROVED BY: Greg Carpenter, City Manager.,
BACKGROUND AND DISCUSSION
Staff and representatives of the California Teamsters Public, Professional and Medical Employees'
union, Local 911, Supervisory and Professional Employees Association (SPEA) bargaining unit
began meeting and conferring pursuant to Sections 3500 et.seq. of the California Government Code,
for purposes of obtaining a labor agreement. Agreement was reached on October 11, 2012.
The Agreement contains the following major provisions:
1. Term — October 1, 2012 — September 30, 2013. However, if all other employee bargaining
units timely elect to extend their respective memoranda of understanding by one year to expire on
14
September 30, 2014, then this memorandum of understanding shall also extend to September 30,
2014.
2. Employer Paid Member Contribution (EPMC) — Miscellaneous employees in this bargaining
unit will pay three percent (3 %) of the member contribution. The one safety employee in this
bargaining unit will pay five percent (5 %) of the member contribution.
PERS requires that the City pass a Resolution for the EPMC payment for each group or class
of employment. Attached to this staff report is the Resolution to implement the negotiated EPMC
for this bargaining unit.
3. Retirement Formula - As soon as practicable, the City shall amend its contract with PERS to
establish a two -tier miscellaneous retirement formula of 2 % @60 for employees hired into the City of
El Segundo who are already PERS members.
Effective January 1, 2013, new employees /members, as defined by AB340, will be required
to pay fifty percent (50 %) of the normal cost of retirement benefits. Moreover, new
employees /members will be subject to the 2 % @62 retirement formula as well as all other statutory
requirements established by AB340, also known as the California Pension Reform Act of 2013.
4. Public Agency Retirement System (PARS) — Miscellaneous employees in this bargaining
unit will pay one hundred percent (100 %) of the required PARS contribution. Members will be
responsible for any future increases. This benefit will not be available to new bargaining unit
members.
5. Environmental Safety Manager — The base salary for this safety classification shall be
reduced by one percent (1 %). Attached to this staff report is the Resolution establishing this basic
monthly salary.
6. Health Contribution - The City's monthly contribution shall remain at $1140.39 for 2013 and
shall remain unchanged if this agreement is extended to expire on September 30, 2014. Additionally,
the maximum future City contribution for medical insurance, for both active employees and retirees,
was reduced to $1600 per month.
7. Cell Phone Stipend - Incumbents in classifications currently issued a City cell phone may
elect to utilize their own personal device to conduct City business and receive an eighty dollar ($80)
monthly stipend.
8. Vision Plan Administrator — Agreement to remove requirement that optical benefits be
provided through the Joint Council of Teamsters 42 Welfare Trust Fund Plan.
9. Holidays — Removed Friday after Thanksgiving from list of observed holidays. Holiday
language revised so observance of holidays is consistent with other miscellaneous employee groups.
10. Clean -up language includes the following:
• Updated list of covered classifications
• Revise overtime definition of workweek to conform to current work schedule
• Update Catastrophic Leave Language to reflect current City Policy
• Remove Article XX, "Zipper Clause"
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RESOLUTION NO.
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO,
CALIFORNIA AND THE CALIFORNIA TEAMSTERS PUBLIC,
PROFESSIONAL AND MEDICAL EMPLOYEES' UNION, LOCAL
911, SUPERVISORY AND PROFESSIONAL EMPLOYEES'
ASSOCIATION BARGAINING UNIT.
The City Council of the City of El Segundo does resolve as follows:
Section 1: Discussions which have taken place in the Meet and Confer Process have
resulted in a mutually agreeable Memorandum of Understanding between the City of El
Segundo and this Bargaining Unit.
Section 2: Staff is authorized to implement all terms and conditions of the Memorandum
of Understanding between the City of El Segundo and this Bargaining Unit. A copy of the
Memorandum of Understanding is attached as Exhibit "A ".
Section 3: The City Clerk is directed to certify the adoption of this Resolution; record
this Resolution in the book of the City's original resolutions, and make a minute of this
adoption of the Resolution in the City Council's records and the minutes of this meeting.
Section 4: This Resolution will become effective immediately upon adoption and
PASSED AND ADOPTED this 6th day of November , 2012.
Carl Jacobson,
Mayor
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Resolution No. was duly passed and adopted by said City Council, approved and
signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said
Council held on the 6th day of November, 2012, 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
2012.
Tracy Weaver, City Clerk
of the City of El Segundo,
California
(SEAL)
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
ma
Karl H. Berger
Assistant City Attorney
2 17
Exhibit "A"
MEMORANDUM OF UNDERSTANDING
1= jAky,14 =01
THE CITY OF EL SEGUNDO
.me
CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL
AND MEDICAL EMPLOYEES UNION, LOCAL 911
SUPERVISORY AND PROFESSIONAL EMPLOYEES' BARGAINING UNIT
TABLE OF CONTENTS
ARTICLE / SECTION NUMBER .................... ............................... ...........................PAGE
Article 1 - Recognition
Section 1 - Classified Positions Represented by the Union ............................ ............................... 6
Section 2 - City Recognition of Union .............................................................. ............................... 7
Section 3 - Term of this Memorandum of Understanding ( M. O. U) ................. ............................... 7
Article 2 — Non - Discrimination
Statement of Non - Discrimination ....................................................................... ..............................7
Article 3 — Health and Welfare
Section 1 - Health Insurance ............................................................................... ..............................7
Section 2 - Alternative Medical Plans ................................................................ ............................... 7
Section 3 - Dental Insurance ............................................................................. ............................... 8
Section 4 - Optical Insurance ............................................................................ ............................... 8
Section5 - Life Insurance ................................................................................... ............................... 8
Section 6 - Insurance Cap .................................................................................. ............................... 8
Section 7 - Long Term Disability Insurance ( LTD) ............................................... ..............................8
Section 8 - Workers Compensation ..................................................................... ..............................8
Section 9 - Flexible Spending Account ................................................................ ..............................8
Section 10 - Bereavement Leave ......................................................................... ..............................8
Section 11 - California State Disability Insurance (SDI) Program ........................ ..............................8
Article 4 — Retirement
Section 1 - PERS Retirement Formulas ............................................................. ..............................8
Section 2 - Retiree Medical Insurance Contribution .......................................... ............................... 9
Section 3 - Deferred Compensation Plan .......................................................... ............................... 9
Section4 - Leave Payoff ...................................................................................... ..............................9
Section 5 - Cash Equivalency for Vacation, Sick Leave and Floating Holidays . ............................... 9
Section 6 - Public Agency Retirement System ( PARS) ....................................... ............................... 10
Article 5 — Sick Leave
Section 1 -Accrued Sick Leave .......................................................................... .............................10
Section 2 -Annual Medical Examination ........................:.................................... .............................11
2
19
Section 3 - Sick Leave Usage for Family Care ............................................... ..............................A 1
Section 4 - Catastrophic Illness Leave .............................................................. .............................11
Article 6 — Employee Assistance Program ( EAP) ............................................. ....11
Article 7 — Vacation
Section 1 -Original Accrual Schedule or Alternative Accrual Schedule .............. .............................11
Section 2 - Accrued Vacation Leave after six months ........................................ .............................12
Section 3 - Maximum Accumulation of Vacation ................................................ .............................12
Section 4 - Cash in Lieu of Vacation Time ........................................................... .............................12
Article 8 — Holidays
Section 1 - Listing of Holidays and Personal Leave /Floating Holiday .................. .............................12
Section2 - Holidays and Sundays ...................................................................... .............................13
Section 3 - Holidays and Fridays /Saturdays ....................................................... .............................13
Section4 - Floating Holiday ............................................................................... ............................... 13
Section 5 — Friday After Thanksgiving .............................................. .............................13
Article 9 — Professional Development
EducationalReimbursement .............................................................................. .............................13
Article 10 — Computer Loan Program ............................................... .............................14
Article 11 — Salary
Section1 -Salary Adjustments ........................................................................... .............................14
Section 2 - Accelerated Salary Step Advancement ............................................. .............................14
Section3 - Direct Deposit .................................................................................... .............................14
Section 4 - Use of Personal Vehicle on Official City Business ............................ .............................14
Section 5 - Educational Incentive Pay ................................................................. .............................14
Section6 - Bilingual Pay ...................................................................................... .............................15
Section7 - Longevity Pay ..................................................................................... .............................15
Section8 - Certification Pay ................................................................................. .............................15
Article 12 — Uniforms
List of Job Classifications having uniforms /footwear provided .......................... .............................16
3
20
Article 13 - Overtime
Section 1 - Fair Labor Standards Act — Overtime Compensation ........................ .............................16
Section 2 - Definition of Hours Worked for Overtime — Computation purposes .. .............................16
Section 3 - Overtime Authorization ................................................................... ............................... 17
Section 4 - Maximum Accumulation of Compensatory Time ............................ ............................... 17
Section5 - Work Time Credit ............................................................................... .............................17
Article 14 — Grievance Procedure
Section 1 - Definition of Terms ........................................................................... .............................17
Section2 - Time Limits ...................................................................................... .............................17
Section3 - Procedure ........................................................................................ .............................18
Section 4 - Matters Excluded from the Grievance Procedure ........................... .............................18
Section5 - Conferences .................................................................................... .............................19
Section 6 - Employee appeals from Disciplinary Actions ................................... .............................19
Article 15 — Layoff
Section1- Grounds for Layoff ............................................................................ .............................19
Section2 - Notice to Employees ......................................................................... .............................20
Section3 - At -Will Employees ............................................................................. .............................20
Section 4 - Procedures for Layoff ........................................................................ .............................20
Section5 - Breaking Ties .................................................................................... .............................20
Section 6 - Reduction to a Vacant Position., .............................................. .....................................
20
Section7 - Displacement Rights ...................................................................... ...............................
20
Section8 - Salary Placement ........................................................................... ...............................
20
Section 9 - Reemployment List ........................................................................ ...............................
21
Section 10 - Rights upon Reemployment ............................................................ .............................21
Article 16 — Miscellaneous
Section1- Credit Union ......................................................................................... .............................21
Section 2 - Temporary Assignment to Higher Classification........... ..................... .............................21
Section3 - Rest Periods ...................................................................................... .............................21
Section 4 - Request for Reclassification Review ................................................. .............................21
Section5 - Seniority ......................................................................................... ............................... 23
Section6 - Standby Duty ..................................................................................... .............................23
Section7 - Jury Duty ........................................................................................... .............................23
Section8 —Cell Phone Stipend ........................................... ................................ .......... 24
4
21
Article 17 — Drug -Free Workplace Statement, Substance Abuse Policy,
and Smoking and Break Policy ........................................................ .............................24
Article 18 — Personnel File
Section1 - Personnel File ............................... ., ................................................................................ 24
Section 2 - Derogatory Material .......................................................................... .............................24
Section 3 - Positive Material ............................................................................... .............................24
Article 19 —Agency Shop Agreement ................................... .............................25
Article 20 — Catastrophic Leave Bank .................................. .............................26
SignaturePage ................................................................. .............................28
Appendix A - Bargaining Unit Classifications
Appendix B - Smoking Policy
Appendix C - Drug Free Workplace Statement and Substance Abuse Policy, Revised
July 1, 2008
Appendix D - Department of Transportation Drug Testing Guidelines
Appendix E - Catastrophic Leave Bank Policy
Appendix F — Occupational Injury and Illness Policy
Appendix G — Environmental Safety Manager Base Salary
r�
Y
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF EL SEGUNDO
AND
CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL
AND MEDICAL EMPLOYEES UNION, LOCAL 911
SUPERVISORY AND PROFESSIONAL EMPLOYEES' BARGAINING UNIT
ARTICLE I - RECOGNITION
SECTION 1. Pursuant to the provisions of the City of El Segundo Resolution No. 3208,
establishing procedures governing employer - employee organization relations, the City of El
Segundo (hereinafter referred to as the'City' and 'Employer' (interchangeably) has recognized the
California Teamsters Public, Professional and Medical Employees Union, 911, an affiliate of the
International Brotherhood of Teamsters (hereinafter referred to as the 'Union') as the exclusive
representative of employees within the bargaining unit consisting of the following classified
positions:
Administrative Analyst
Assistant Fire Marshal
Associate Engineer
Construction Coordinator (At -Will Position)
Crime Prevention Analyst II
Crime Prevention Analyst I
Economic Development Analyst (At -Will Position)
Emergency Management Coordinator
Environmental Safety Manager
Equipment Maintenance Supervisor
Facilities Maintenance Supervisor
Fire Marshal
GIS Analyst
Information Systems Specialist
Librarian I
Park Maintenance Supervisor
Plan Check Engineer
Police Records Supervisor
Principal Environmental Specialist
Principal Planner
Program Coordinator
Project Specialist
Property Owner Coordinator (At -Will Position)
Purchasing Agent
Recreation Supervisor
Senior Accountant
Senior Administrative Analyst
Senior Building Inspector
Senior Plan Check Engineer
Street Maintenance Supervisor
Technical Services Analyst
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Wastewater Supervisor
Water Supervisor
Wellness Coordinator
SECTION 2. The City recognizes the Union as the representative of the employees in the
classifications and assignments set forth in Section 1, above, for the purpose of meeting the joint
obligations of the City and Union as set forth within the Meyers - Milias -Brown Act, Government Code
3500 et seg.
SECTION 3. The term of this Memorandum of Understanding (MOU) shall commence on
October 1, 2012 and end on September 30, 2013. However, if all other employee bargaining units
timely elect to extend their respective memoranda of understanding by one year to expire on
September 30, 2014, then this memorandum of understanding shall also extend to September 30,
2014.
ARTICLE II -.NON-DISC RIM I NATION
Neither the City nor the Union shall discriminate against any employee because of race, color,
age, creed, national origin, sex, handicap, medical condition, marital status, or union activities in
any matter.
ARTICLE III - HEALTH AND WELFARE
SECTION 1. Health Insurance - Employees participate as members of the PERS
administered Public Employees' Medical and Hospital Care Program. Employees have a choice of
HMO and Indemnity medical coverage plans.
City Medical Contribution: Effective January 1, 2009, and thereafter, 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 Employee's Medical and Hospital Care
Program in the Los Angeles Area, as that term is defined by CalPERS (Los Angeles, San
Bernardino, and Ventura County). PERS Choice PPO and PERS Select PPO will also be included
in the average dollar cost of the premium.
Any increase in medical costs based on this average, above the rate in effect
on January 1, 2009 ($1058), will be shared 50% by the City and 50% by the employee.
Notwithstanding the foregoing, effective January 1, 2013, and for the term of
this agreement, the monthly City -paid Health Insurance Premium Contribution for medical /health
insurance shall be capped at $1140.39.
Effective October 1, 2012, the maximum future City contribution for
Medical /Mental Health Insurance, for both active employees and retirees, shall be $1600 per month.
SECTION 2. Alternative Medical Plans - During the term of this agreement, the City 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
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employees and their families (i.e., provides comparable benefits to current plan, including
portability). There will be no change in insurance plans prior to January 2006 without agreement of
the parties.
SECTION 3. Dental Insurance - The City provides fully paid dental insurance for the
employee and all eligible dependents.
SECTION 4. Optical Insurance - The City provides fully paid optical insurance for the
employee and all eligible dependents.
SECTION 5. Life Insurance - Employees are provided a fully paid $50,000 term life
insurance policy. Additional coverage for self ($100,000 maximum) and for family members maybe
purchased at group rates by the individual employee.
SECTION 6. Insurance Cap — The City's aggregate contribution for current dental, optical
and life insurance shall be capped at $161.65 per month. The City shall provide optical benefits for
each employee and the employee's dependents. Within the monthly contribution cap currently
established for dental, optical and life insurance coverage, the City's monthly contributions toward
dental and life insurance coverage for an employee shall be made after the City's full monthly vision
benefit contribution for an employee and his /her dependents has been made.
SECTION 7. Long Term Disability Insurance (LTD) - The City provides employees with a
fully paid long term disability insurance policy which allows continuance of 66 -2/3 % of the first
$7,500 of the employee's monthly salary. The policy applies to non -job related occurrences and
benefits are payable following a 60 day waiting period. The maximum benefit period varies on the
basis of the employee's age at the time disability begins.
SECTION 8. Workers Compensation - The City provides employees who receive job
related injuries that are compensable under California Worker's Compensation Laws 75 % of their
regular monthly salary for a period of up to one year.
SECTION 9. Flexible Spending Account - Pursuant to applicable federal laws, the City
allows for payment of employee paid insurance premiums, non - reimbursed medical expenses
and /or dependent care expenses with pre -tax dollars. Participation in the program is voluntary.
SECTION 10, Bereavement Leave - The present practice of granting three (3) working days
of bereavement leave per incident shall be increased to forty (40) hours per incident in those
circumstances where travel to a funeral or other memorial proceeding is 500 or more miles one way
as measured from the El Segundo City Hall. Additionally, 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.
SECTION 11. California State Disability Insurance (SDI) Program — The City has taken all
the necessary administrative steps to provide Union employees with State Disability Insurance
Program coverage through the California Employment Development Department. All actual costs
associated with participation in the State Disability Program will be the responsibility of Union
employees.
ARTICLE IV - RETIREMENT
SECTION 1. (a) Effective November 8, 2000, employees participate in the Public
Employees Retirement System (PERS) 2% at 55 Miscellaneous Plan.
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(b) Tier II — As soon as practicable, the City shall amend its contract with the California Public
Employees' Retirement System (CaIPERS) to implement the 2 % @60 retirement formula in
accordance with Government Code Section 21353. This new formula shall apply to miscellaneous
employees who are hired on or after the effective date of the CaIPERS contract amendment and are
otherwise not a "new employee" and /or "new member' of CaIPERS under Government Code section
7522.04 of AB 340, also known as the California Pension Reform Act of 2013.
Effective January 1, 2013, new miscellaneous employees and /or members, as defined by AB 340,
will be subject to the 2 % @62 retirement formula as well as all other statutory requirements
established by AB340.
(c) The Plan's retirement benefits are integrated with Social Security.
(d) The Environmental Safety Manager shall for the term of the agreement participate as a local fire
safety member pursuant to Government Code 20420 and be eligible for the local fire safety
retirement formula in effect between the City and PERS. Effective January 1, 2013, pursuant to AB
340, any new employee or new member hired into this fire safety classification will be subject to the
applicable safety retirement formula as well as all other statutory requirements established by
AB340.
(e) Effective January 1, 1992, the City's contract with PERS was amended to include the single
highest year retirement calculation option. The present City contract with PERS also calls for
incremental yearly increases in the City contribution towards retirees' medical coverage (currently
$375 per month) so that by 1995 the contribution for current employees and retirees will be equal.
(f) Effective the pay period beginning November 3, 2012, miscellaneous employees agree to pay a
portion of the statutorily required employee contribution equal to three percent (3 %) (pre -tax) of
compensation. The one local fire safety employee agrees to pay a portion of the statutorily required
employee contribution equal to five percent (5 %) (pre -tax) of the employee's compensation.
Additionally, pursuant to Government Code Section 20516(a), for as long as this contract provision
is in effect between the City and PERS, the local fire safety employee shall pay a portion of the
statutorily required employer contribution equal to three percent (3 %) of compensation.
Effective the pay period beginning November 3, 2012, the City shall pay a portion of each
employee's statutorily required contribution equal to four percent (4 %) of compensation. The City
shall report the four percent (4 %) to CaIPERS as compensation earnable, pursuant to California
Government Code Section 20636(c)(4).
Effective January 1, 2013, "new employees" and /or "new members ", as defined by AB 340, will be
statutorily required to pay half of the normal cost of retirement benefits.
SECTION 2. Retiree Medical Insurance Contribution - A member of the Union will be
eligible to receive the City - provided retiree medical insurance contribution, which is equal to that
provided to an active Union member, after a minimum of 5 full -time years of service with the City of
El Segundo.
SECTION 3. Deferred Compensation Plan - Employees are eligible to participate in the
International City Management Association Retirement Corporation (ICMA -RC) and the Nationwide
Retirement Solutions (NRS) Deferred Compensation Plans. Participation is voluntary and there is
no City contribution to the plan.
SECTION 4. Leave Payoff - Employees separating from the City service are paid the
accumulated total of their unused vacation leave and personal floating holiday leave.
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SECTION 5. Government Code 20022(a)(1) provides that compensation for purposes of
computing PERS retirement benefits includes remuneration paid in cash because of holidays, sick
leave and vacation, as well as other remuneration furnished in payment for services. This MOU
section memorializes that members of this unit have been contractually eligible to receive City paid
cash equivalencies for vacation, sick leave and floating holidays accrued during the employee's final
year of employment. Said members have also been eligible to receive a cash distribution equal to
the monthly differential between $500.00 and the monthly amount designated by each member for
funding health insurance and similar programs (herein referred to as an insurance differential.)
Pursuant to City Council action in December 1991, the former management/confidential unit was
modified, with members of this Supervisory Unit being removed from the then existing
management/confidential unit. The classifications now contained within this Supervisory Unit being
removed from the then existing management/confidential unit. The classifications now contained
within this Supervisory Unit were included within the prior management/confidential unit and City
contractual agreements prior to December 1, 1992 to provide the management/confidential unit
members with payment for vacation, sick leave and floating holidays accrued during the final year of
employment, as well as the above insurance differential, fully insured to the benefit of those
classifications now within the Supervisory Unit.
On June 2, 1992, the City Council adopted the first Memorandum of Understanding between the
City and the Supervisory Unit, with Article VII of said MOU providing in pertinent part that all wages,
hours and terms and conditions of employment in full force and effect prior to the adoption of the
MOU, are to remain in full force and effect and are to be set forth within a later document entitled a
Comprehensive Memorandum of Understanding. As members of the prior management/confidential
unit, those classifications within the Supervisory Unit were therefore subject to earlier Council
determination providing the described paid remuneration for vacation, sick leave and floating
holidays accrued during the final year of employment, as well as the above insurance differential,
and the June 2, 1992 Memorandum of Understanding contractually signifies that said benefits are to
remain in full force and effect unless and until altered pursuant to the meet and confer process.
This "Comprehensive Memorandum of Understanding" thereby codifies pre- December 1992
contractual provision of the stated compensation benefits to unit members.
SECTION 6. Public Agency Retirement System (PARS) - Effective October 1, 2008, the
City will contract with the Public Agency Retirement System (PARS) to provide an additional
retirement benefit for eligible union employees. Eligible employees are those who are 1) 55 years of
age or older, 2) have completed 15 years of continuous service with the City of El Segundo and 3)
service or disability retire from the City of El Segundo. Eligible employees are entitled to receive the
PARS .5 @ 55 retirement enhancement formula as a supplement to the City's 2% @ 55 Public
Employees' Retirement System formula. This benefit will no longer be available to bargaining unit
members who are both 1) hired and /or appointed to a position in the bargaining unit on or after
October 1, 2012, and 2) not already a participant in the plan.
Effective the pay period beginning November 3, 2012, eligible Union employees participating in the
plan will contribute one hundred percent (100 %) of the required PARS contribution via payroll
deduction. Participating employees will be responsible for any future increases in the required
PARS contribution.
ARTICLE V - SICK LEAVE
SECTION 1. Employees accrue sick leave at a rate of eight (8) hours per month. The
maximum carryover of sick leave from November 30 to December 1 of each year is six hundred
(600) hours.
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City provides a one hundred percent (100 %) payoff each December 10th of any accumulated sick
leave hours above the maximum carryover.
Employees who, on July 1, 1998, had an accumulated sick leave balance higher than six hundred
(600) hours will have a maximum carryover equal to their accumulated sick leave balance on that
date. No such maximum carryover can be greater than one thousand fifty -six (1056) hours. Should
an employee's personal sick leave accrual limit drop below six hundred (600) hours, their future
maximum carryover shall not be allowed to exceed six hundred (600) hours.
Employees, with at least five (5) full years of service with the City, receive payment for one hundred
percent (100 %) of their accumulated sick leave upon service retirement, disability retirement, or
death.
SECTION 2. Annual Medical Examination - Employees are eligible for a fully paid
comprehensive medical examination each year.
The City currently utilizes 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.
Up to two (2) days of sick leave may be used each year for physical examinations.
SECTION 3. Sick Leave Usage for Family Care - Affected employees are eligible to utilize
a maximum of six (6) available eight (8) hour days of sick leave per calendar year in order that care
may be provided to immediate family members suffering from illness or injury. The term "immediate
family member" shall exclusively include the children, parents, siblings, the grandparents of the
employee, the employee's spouse or significant other. "Immediate family member" shall also include
mother -in -law and father -in -law. 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.
SECTION 4. Catastrophic Illness Leave - An employee may transfer sick leave, vacation or
compensatory leave to a sick 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 or during additional designated times on forms provided by the City of El Segundo.
The City has the right to verify all catastrophic illnesses before donation from the sick leave bank.
ARTICLE VI - EMPLOYEE ASSISTANCE PROGRAM (EAP)
Provides confidential assistance, referrals, and counseling to the employee and members of the
immediate family. The program is designed to provide professional assistance and support to help
employees and their families resolve problems that affect their personal lives or job performance.
ARTICLE VII - VACATION
SECTION 1. Employees shall receive either:
"ORIGINAL ACCRUAL SCHEDULE"
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Years of Service
Days
Upon completion of:
1 -7 years
12 days
8 -14 years
17 days
15 or more
22 days
or
"ALTERNATIVE ACCRUAL SCHEDULE"
From commencement of the 1st year of service through and including completion of
the 5th year of service - Twelve (12) vacation days accrual per year, with a day being
the equivalent of eight (8) hours;
From commencement of the 6th year of service through and including completion of
the 10th year of service - Fifteen (15) vacation days accrual per year, with a day being
the equivalent of eight (8) hours;
From commencement of the 11 th year of service through and including completion of
the 15th year of service - Eighteen (18) vacation days accrual per year, with a day
being the equivalent of eight (8) hours;
From commencement of the 16th year of service and for all years of service thereafter - Twenty -two
(22) vacation days accrual per year, with a day being the equivalent of eight (8) hours.
An employee desiring to participate in the alternative accrual schedule shall so advise payroll in
writing of their election, no later than September 6, 1994. Failure to advise of an election to accrue
vacation pursuant to the alternative schedule shall result in the employee continuing to accrue
vacation on the original schedule. An election to accrue pursuant to the alternative schedule or
maintenance of accrual pursuant to the original schedule, shall be irrevocable.
SECTION 2. Employees may use their accrued vacation leave after six (6) months of
employment.
SECTION 3. Maximum accumulation of vacation leave allowed is the equivalent of two (2)
years service accrual.
SECTION 4. Employees who have completed one year of service may receive cash
payment in lieu of accrued vacation leave up to a maximum of 100% the annual accrual to which
they are entitled by length of service. Employees may exercise this option twice per calendar year.
ARTICLE Vlll - HOLIDAYS
SECTION 1. Employees shall receive the following holidays:
January 1"
The third Monday in January (Martin Luther King Jr. Day)
The third Monday in February (President's Day)
The last Monday in May (Memorial Day)
July 4th
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The first Monday in September (Labor Day)
November 11th (Veteran's Day)
Thanksgiving Day
December 24th
December 25th
December 31St
Holidays will be paid based on the employee's assigned daily work schedule. For example,
employees assigned to a 4/10 schedule will have holidays paid in ten (10) hour increments.
In addition to the holidays enumerated above, each employee shall receive one ten (10) hour
day per calendar year as a Personal Leave /Floating Holiday. The Personal Leave /Floating
Holiday shall be credited to the employee every January. Newly hired bargaining unit members
shall also receive this personal leave day which may be used six (6) months after the
employee's initial appointment date.
SECTION 2. In the event any of the above holidays fall on a Sunday, it will be observed on
the following Monday and City Hall will be closed.
SECTION 3. In the event any of the above holidays fall on a Friday or Saturday (or an
employee's otherwise regularly scheduled day off), the employee will earn 10 hours of floating
holiday (or the daily number of hours the employee is regularly scheduled to work).
SECTION 4. Floating Holidays will be credited to the employee's leave bank the pay period
in which the holiday falls. Floating Holiday hours may not be carried over to the following calendar
year. However, Floating Holiday hours credited in either November or December may be carried
over to the next calendar year, but must be used by October 31 st of the following year.
SECTION 5. Effective October 1, 2012, the Friday after Thanksgiving does not count as a paid
holiday. However, if the City subsequently reverts to a 5/40 or 9/80 work schedule, then the Friday
after Thanksgiving will become a paid holiday.
ARTICLE IX - PROFESSIONAL DEVELOPMENT
Employees are reimbursed 100% of the cost of tuition and books to a maximum of $1,250 per
calendar year for satisfactory completion of work related college courses. Requires prior written
approval of department head and City Manager and requires a C average or better grade.
With the approval of the department head and /or City Manager, the City also pays the cost of an
employee's professional membership fees and conference, meeting and workshop attendance.
Employees who participate in the program must sign the following agreement:
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 forwhich I am to
receive reimbursement, in accordance with the following schedule.
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.
1 100% 7 50%
2 100% 8 40%
3 90% 9 30%
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4 80% 10 20%
5 70% 11 10%
6 60% 12 0%
Probationary employees are not eligible to participate in this program.
ARTICLE X - COMPUTER LOAN PROGRAM
Employees are eligible to receive an interest -free loan not to exceed $4,000 for the purpose of
purchasing personal computer hardware, software, ergonomically correct furniture and related
equipment. Loans shall be repaid through payroll deductions over a three (3) year period. The City
shall retain title, as security, to any equipment purchased through the program until the loan is fully
paid off. After the fact financing shall be permitted upon the loan applicant receiving prior written
approval from the Director of Finance. Outstanding loan balances must be paid off at the time an
employee separates from the City. The Human Resources Department shall update Program
guidelines periodically as necessitated by changes in technology or organizational requirements.
ARTICLE XI - SALARY
SECTION 1. Salary Adjustments - Effective the pay period beginning November 3, 2012, the base
salary for the Environmental Safety Manager classification shall be reduced by one percent (1 %).
An amended salary schedule reflecting the one percent base salary reduction is attached as
Appendix G.
SECTION 2. Accelerated Salary Step Advancement - Employees who have yet to reach
the top step of their salary range are eligible to receive an accelerated salary step advancement of
up to 5% in a 12 month period upon recommendation and approval by the department head and City
Manager. An accelerated salary advancement is intended to recognize an employee's job
performance which consistently and uniquely exceeds normal expectations.
SECTION 3. Direct Deposit — The City shall electronically deposit employees' paychecks
directly into a savings or checking account designated by the employee. Employees shall be
responsible for providing the Finance Department with the correct transit routing number of their
banking institution and the correct number of the account into which their paycheck will be
deposited. Exceptions to this policy shall be granted upon an employee's written request to the
Finance Director.
SECTION 4. Use of Personal Vehicle on Official City Business — Employees authorized to
use a personal vehicle while on official City business will receive mileage reimbursement at the rate
approved by the Internal Revenue Service. Use of a personal vehicle will not be authorized if a City
motor pool vehicle is available to the employee. Under appropriate circumstances, Department
Heads may approve exceptions to the requirement to utilize available motor pool vehicles.
SECTION 5. Educational Incentive Pay — Eligible employees shall be entitled to receive
educational incentive pay as shown below. Eligibility for educational incentive pay is limited to those
employees who (a) are working in a job classification that does not require a bachelor's degree or
higher degree to qualify for the classification, and (b) were awarded such degree from an accredited
college or university in one of the majors of public administration, business administration,
engineering, or other job - related major, which had been approved by the department head, in
writing.
Educational Incentive Pay
Job Classifications Occupying Salary Grades 30S — 39S: $318.04 /month
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Job Classifications Occupying Salary Grades 40S — 49S: $407.11 /month
Job Classifications Occupying Salary Grades 50S — 53S: $449.38 /month
If during the term of this Memorandum of Understanding a job classification is assigned a salary
grade higher than 53S, the flat dollar monthly amount of educational incentive pay for the employee
shall be equivalent to five percent (5 %) of the base salary E Step of the salary grade.
SECTION 6. Bilingual Pay — An employee who demonstrates conversational and written
fluency in a language approved by their Department Head and who is assigned duties in which such
language skills are regularly used, shall be entitled to bilingual pay as shown below.
The City will be responsible for utilizing a standardized, industry accepted test (such as Berlitz, Inc.)
to determine an employee's qualifications for bilingual pay.
Bilingual Pay
Job Classifications Occupying Salary Grades 30S — 39S: $159.02 /month
Job Classifications Occupying Salary Grades 40S — 49S: $203.56 /month
Job Classifications Occupying Salary Grades 50S — 53S: $224.69 /month
If during the term of this Memorandum of Understanding a job classification is assigned a salary
grade higher than 53S, the flat dollar monthly amount of bilingual pay for the employee shall be
equivalent to two and one -half percent (2.5 %) of the base salary E Step of the salary grade.
SECTION 7. Longevity Pay — An employee who has completed twenty (20) years of
continuous service with the City of El Segundo shall be entitled to longevity pay as shown below.
Longevity Pay
Job Classifications Occupying Salary Grades 30S — 39S:
$318.04 /month
Job Classifications Occupying Salary . Grades 40S — 49S:
$407.11 /month
Job Classifications Occupying Salary Grades 50S — 53S:
$449.38 /month
If during the term of this Memorandum of Understanding a job classification is assigned a salary
grade higher than 53S, the flat dollar monthly amount of longevity pay for the employee shall be
equivalent to five percent (5 %) of the base salary E Step of the salary grade.
SECTION 8. Certification Pay— Employees occupying the job classifications of Wastewater
Supervisor and Water Supervisor shall be entitled to certification pay as shown below for obtaining
and maintaining a certification above the level required on the City Council approved class
specification. Eligible certifications will be determined by the employee's Department Head.
Certification Pay
Job Classifications Occupying Salary Grades 30S — 39S:
$318.04 /month
Job Classifications Occupying Salary Grades 40S — 49S:
$407.11 /month
Job Classifications Occupying Salary Grades 50S — 53S:
$449.38 /month
If during the term of this Memorandum of Understanding a job classification is assigned a salary
grade higher than 53S, the flat dollar monthly amount of certification pay for the employee shall be
equivalent to five percent (5 %) of the base salary E Step of the salary grade
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ARTICLE XII — UNIFORMS
Employees occupying the following job classifications shall have uniforms and footwear provided
and replaced by the City:
Assistant Fire Marshal
Crime Prevention Analyst 1 /II
Emergency Management Coordinator
Environmental Safety Manager
Equipment Maintenance Supervisor
Facilities Maintenance Supervisor
Fire Marshal
Park Maintenance Supervisor
Police Records Supervisor
Principal Environmental Specialist
Senior Building Inspector
Street Maintenance Supervisor
Wastewater Supervisor
Water Supervisor
Department Heads will determine appropriate uniform and footwear for employees occupying
Departmental job classifications. Style and cost will be determined solely by the City, with the
Association provided the opportunity for information input. The determination of the City shall not be
subject to administrative or judicial appeal. Uniform cleaning services shall be provided by the City.
In addition, a Union member occupying the job classifications of Assistant Fire Marshal,
Environmental Safety Manager, Principal Environmental Specialist, Fire Marshal, Crime Prevention
Analyst 1 /11, Emergency Management Coordinator, Police Records Supervisor and Senior Building
Inspector shall receive a uniform cleaning allowance of $400 per year.
ARTICLE XIII - OVERTIME
SECTION 1. Fair Labor Standards Act — Overtime Compensation
(a). Pursuant to the Fair Labor Standards Act, employees occupying the classifications
and assignments described in Article I, Section I, are entitled to overtime pay at the rate of
one and one -half (1.5) times their regular rate of pay for all hours worked in excess of forty
(40) hours in a seven (7) day workweek, commencing at midnight (12:00 a.m.) on Saturday
to 11:59 p.m. on Friday.
SECTION 2. Definition of hours worked for overtime - Computation purposes
The following shall not be considered as time worked for purposes of computing entitlement to
overtime compensation:
Meal breaks;
2. Utilization of paid or non -paid leaves of absence (including but not limited to vacation
leave, sick leave, holiday leave, leave without pay, compensatory time off;
3. All travel time to and from the work site when responding to a regularly scheduled
shift;
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4. All time in off -duty voluntary training assignments (homework, study time, meal time,
sleep, etc.).
5. All off -duty travel;
6. All time for personal preparation and clean up;
7. Any other time not deemed hours worked by the FLSA.
SECTION 3. Overtime Authorization
No employee shall be eligible for receipt of overtime compensation unless the working of overtime
hours has been specifically authorized in advance by the employee's supervisor.
SECTION 4. Affected employees shall be entitled to accumulate a maximum of eighty (80)
hours of compensatory time off. Utilization of compensatory time off shall be subject to approval of
the affected employee's department head.
SECTION 5. Affected employees ordered by a supervisor to return to a designated
worksite other than during the employee's regularly scheduled hours of work and at a time not
contiguous with said regularly scheduled hours of work, shall be provided a minimum of four (4)
hours work time credit. Said minimum of four (4) hours shall then be included within the work period
described in Section 1 for computation of overtime purposes.
ARTICLE XIV - GRIEVANCE PROCEDURE
SECTION I. DEFINITION OF TERMS
A. Grievance - A grievance is a 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 in that it is a
violation, misinterpretation or misapplication of a specific written departmental or
agency rule and /or policy or a specific provision of a memorandum of understanding.
B. Grievant - A grievant is an employee or group of employees adversely affected by
an act or omission of the agency.
C. Day - A day is a calendar day.
D. Immediate Supervisor - The first level supervisor of the grievant.
SECTION 2. TIME LIMITS
A. Compliance and Flexibility - With the written consent of both parties, the time
limitation for any step may be extended or shortened.
B. Calculation of Time Limits - Time limits for appeal provided in each level shall begin
the day following receipt of a written decision or appeal by the parties.
C. Failure to Meet Timeliness - Failure at any level of this procedure to communicate
the decision on a grievance by the City within the specified time limits shall permit
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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 3. PROCEDURE
Grievances will be processed following the procedures set forth below.
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.
R Level II - In the event such efforts do not produce a mutually satisfactory resolution,
the grievant shall have ten (10) calendar days to file a formal written grievance after
the employee's immediate supervisor is unable to resolve the grievance through the
discussion process. Under no circumstances may a grievance be filed more than
twenty -five (25) days from the date the employee knew or should have known of the
incident giving rise to the grievance.
1. Procedure for Filing a Grievance -
In filing a grievance, the employee should set forth the following information:
a. 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. What documents, witnesses or other evidence supports the
grievant's position.
e. The remedy requested.
C. Level III - If the grievance is not resolved by the immediate supervisor the grievant
may present the grievance in writing to the department head within 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) working days. The
City Manager or designee will conduct an informal hearing and render a decision.
Each party shall have a right to present witnesses and evidence at the hearing. The
conclusions and findings of this hearing shall be final.
SECTION 4. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE
A. The grievance procedure is not intended to be used for the purpose of resolving
complaints, requests or changes in wages, hours or working conditions.
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B. The procedure is not intended to be used to challenge the content of employee
evaluations or performance reviews.
C. The procedure is not intended to be used to challenge the merits of a
reclassification, lay -off, transfer, denial or reinstatement, of denial of a step or
merit increase.
D. The procedure is not intended to be used in cases of reduction in pay, demotion,
suspensions or a termination, but is subject to the formal appeal process as
outlined in Ordinance 586.
SECTION 5. CONFERENCES
Grievants and City representatives, upon request, shall have the right to a
conference at any level of the grievance procedure.
SECTION 6. EMPLOYEE APPEALS FROM DISCIPLINARY ACTIONS
A. Any permanent employee in the Classified Service who has been suspended, for a
period of six (6) days or more, demoted, dismissed, or reduced in pay shall have a
period of ten (10) days following written notification in which to file an appeal or
answer the charges.
B. The employee shall forthwith be given in said written notification a statement of the
extent and nature of any disciplinary action and a full explanation of the reasons for
the action including specific information as to time and place of incidents.
C. Each disciplinary action shall automatically be given administrative review by the City
Manager, immediately after the written notification, and the City Manager may
countermand the disciplinary action or modify the discipline imposed prior to any
hearing as hereinafter provided.
D. Appeals and requests for hearings shall be filed with the City Manager, and then
immediately referred to the Los Angeles County Civil Service Commission or City
Council, as the case may be.
E. The Commission shall have the right to refuse to hold a hearing in any case in which
the appellant fails to present sufficient grounds to warrant a hearing.
F. Procedures for all hearings to be conducted by the Count shall be in accordance with
the Rules of the Los Angeles County Civil Service Commission.
ARTICLE XV - LAYOFF
SECTION 1. Grounds for Layoff - Whenever, in the judgment of the City Council, it becomes
necessary to reduce the workforce because of a lack of funds, lack of work or reorganization, an
employee may be laid off, reduced in classification or displaced by another employee. Such layoff,
reduction or displacement shall result from action of the City Manager or his designee. Such action
shall not entitle the laid off, reduced or displaced employee to a right of appeal. The City Manager
shall recommend to the City Council each classification to be effected by any such change.
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SECTION 2. Notice to Employees - An employee filling a full time position shall be given fourteen
(14) calendar days prior notice of lay off. Employees transferred, reduced or displaced shall be
given five (5) calendar days notice. The City Council may approve a reduction in the notice
requirements, if so recommended by the City Manager.
SECTION 3. At -Will Employees - The City Manager retains the right to layoff or alter the work
assignment of the following employees at any time without notice or right of appeal: emergency
employees, temporary or seasonal employees, part-time employees, original probationary
employees, promotional probationary employees and employees designated as at -will. The
promotional probationary employee shall revert to his /her previously held classification and position
without loss of seniority.
SECTION 4. Procedures for Layoff - A permanent employee in a classification effected 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.
SECTION 5. Breaking Ties - Provided that seniority, hiring date is equal retention points for job
performance shall be credited on the basis of the average of the overall evaluation ratings for the
last three (3) years in a classification, provided the last rating had been filed at least thirty (30) days
prior to the date of the layoff notice. Retention points are as follows:
1. "Unsatisfactory" rating - 0 retention points.
2. "Improvement needed" rating - 6 retention points.
3. "Satisfactory" rating - 12 retention points.
4. "Exceeds expectations" rating - 18 retention points.
5. "Outstanding" rating - 24 retention points.
SECTION 6. Reduction to a Vacant Position - An employee designated for layoff as a result of
abolition of a position or classification may be offered appointment to a vacant position in a lower
classification, if the employee is qualified by education and /or experience for such position. If there
is more than one qualified employee eligible to be offered such appointment(s), the offer(s) shall be
based on seniority, with the employee with the highest seniority offered the position first, then the
next highest, etc. If the employees have the same seniority, then the procedure for breaking ties set
forth above shall apply. An employee accepting such appointment shall be placed on the step for
the lower classification most closely corresponding, but in no case higher, than to 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 7. Displacement Rights -An employee designated for layoff as a result of abolition of a
position or classification may displace (bump) an employee in a lower classification, if the employee
previously held permanent status in such classification. An employee who is bumped shall be laid
off in the same manner as an employee whose position or classification is abolished.
SECTION 8. Salary Placement -An employee who is assigned to a lower classification as a result
of a displacement (bump) shall receive the compensation reflected by the step of the salary range of
the new classification closest to the compensation of the employee in the previous classification,
and the employee will also be assigned a new salary anniversary date on the effective date of the
appointment. 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
20 37
effective date of the appointment. The employee shall, however, retain seniority while his /her name
remains on a reemployment list or lists, as set forth in subsection 9.
SECTION 9. Reemployment List - The names of permanent employees who have been laid off
under this section (including employees who 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 there from for a period for three years from the date their names were
placed on the list. As a vacancy within a classification or a lower related classification becomes
available, the name appearing at the top for the list shall be offered the opportunity to fill the
vacancy. The name of an individual selected from the list to fill the vacancy who refuses the re-
employment offer shall be permanently removed from the re- employment list without right of appeal.
Laid -off employees do not earn seniority credit or benefits while on the re- employment list.
SECTION 10. Rights upon Reemployment - If a person is reemployed by the City within three years,
the employee's accumulated sick leave allowance, seniority and vacation accrual shall be reinstated.
Employees should be placed on the same salary step previously held upon reemployment.
ARTICLE XVI - MISCELLANEOUS
SECTION 1. Credit Union - Employees are eligible to join the regional Centinela South Bay
Credit Union.
SECTION 2. Temporary Assignment to Higher Classification - 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 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 3. Rest Periods - All bargaining unit employees shall be provided a fifteen (15) minute
rest -break near the mid -point of every four hours of scheduled work. In order to ensure that such
affected employees are prepared to reconvene performance of their duties precisely at the
conclusion of the fifteen (15) minute rest - break, such employees are encouraged to take their break
within the building where they are regularly assigned or on the grounds immediately adjacent to the
work assignment.
As regards lunch breaks, all affected employees are scheduled for either a thirty (30) or sixty (60)
minute lunch break depending upon the work assignment. Said scheduling shall be in accord with
pre- existing City practices and procedures.
Failure by an employee to utilize a rest or lunch break shall not result in any accumulation or other
"banking" of said unused time, nor shall failure to utilize said rest or lunch break time result in
conclusion of the employees regularly scheduled work shift at a time earlier than scheduled nor shall
any unused break time be utilized to extend a lunch break. However, in any instance where
management mandates that a rest or lunch break not be taken because of the need to provide
services to the City, then said additional work time shall be compensated in accord with this MOU,
City Rules and Regulations and applicable statutory requirements. Additionally, in said
circumstances, management does have the discretion to allow for early termination of an
employee's regularly scheduled work hours in amounts of time equivalent to the missed breaks.
21 38
SECTION 4. Request for Reclassification Review
A. Basis for request - A bargaining unit employee or Union may make a request for
reclassification once every two years, if an employee's job duties and responsibilities have become
significantly different over the two -year period.
B. Processing of request - The request for reclassification review must be submitted by
the employee or the Union to the employee's immediate supervisor. The employee's supervisor
shall submit a written recommendation to the employee's Department Head concerning the merits of
the reclassification review request. If the Department Head determines that the employee's job
duties and responsibilities have significantly changed, the Director of Human Resources will initiate
the reclassification review process.
Human Resources Department staff will have the responsibility to conduct the reclassification review
process. However, if the Union and the City mutually agree, a consultant may be utilized at any step
of the reclassification review process. The cost of the agreed upon Consultant will be paid by the
City.
C. Components of reclassification review -
1. The employee requesting the reclassification review will provide information summarizing
the scope and complexity of the duties and responsibilities of the position.
2. The employee requesting the reclassification review will be interviewed and observed at
work to assess the validity of the information provided by the employee and to develop a
full understanding of the job duties and responsibilities.
3. A salary survey will be performed comparing the employee's position with similar
positions in the Cities of Culver City, Gardena, Hawthorne, Hermosa Beach, Inglewood,
Los Angeles, Manhattan Beach, Redondo Beach, Santa Monica, Torrance, and the
County of Los Angeles. For purposes of the salary survey, the mid -point of the City's
current pay schedule will be compared to the midpoints of the surveyed public entities for
positions with similar education and /or experience requirements. Variances of +/- 5%
will be considered comparable to the prevailing rate.
D. Action by the Director of Human Resources - The completed reclassification surrey
and a draft job description shall be reviewed by the employee's supervisor and the Director of
Human Resources. The Director shall then meet and confer with the Union on the results of the
reclassification review. The Director shall then make his or her recommendation to the City
Manager. The Director shall recommend to the City Manager the approval of any reclassification
request that reflects a substantial change in the duties and responsibilities of the position.
E. Action by the City Council - All reclassifications must be approved by the City Council.
F. Effective date of reclassification - Any approved reclassification shall become effective
the pay period following approval.
G. Challenge to decision on reclassification request - The Union may challenge the denial of
the reclassification request by the Director of Human Resources, the City Manager or the City
Council. Any challenge to the denial of the reclassification request will be governed by this section
and not by Article XVI, Grievance Procedure. If a challenge is made, anew classification review will
be completed by a neutral entity selected by mutual agreement of the Union and the City. The
parties agree to accept the conclusions reached by the neutral entity. The cost of the consultant's
22 39
services will be shared equally by the Union and the City.
SECTION 5. Seniority - For the purpose of this Memorandum of Understanding, seniority shall be
defined as a bargaining unit member's total, continuous employment in a position in the City's
classified service. Total, continuous employment is that which is uninterrupted by separation and
includes 1) actual time worked, 2) authorized leave of absence, both paid and unpaid, 3) family
leave, 4) military leave and 5) industrial injury or illness leave. For purposes of this section, a leave
of absence without pay is limited to a maximum of 90 continuous days.
SECTION 6. Standby Duty - Standby Duty is the time that employees, who have been released
from duty, are specifically required by their supervisor to be available for return to duty when
required by the City. During Standby Duty, employees are not required to remain at their City work
station or any other specified location. Standby Duty employees are free to engage in personal
business or activities. However, standby duty requires that employees:
Be ready to respond immediately.
2. Be reachable by paging device or telephone. The City may, in its discretion, provide
a paging device (e.g., a beeper) to an assigned Standby Duty employee.
3. Be able to report to work within one (1) hour of notification.
4. Refrain from activities which might impair their ability to perform assigned duties.
This includes, but is not limited to, abstaining from the consumption of any alcoholic
beverage and the use of any illegal drug or incapacitating medication.
5. Respond to any call back during the assigned standby period. As with any City
equipment, any paging device assigned to an employee is the responsibility of the
standby employee during the standby assignment. The employee is liable for loss or
damage to the paging device which is caused by the employee's negligence or
intentional acts.
Failure of an employee to comply with the provisions of standby duty may subject the employee to
discipline, up to and including termination of employment with the City.
For each period of standby duty, employees shall be provided the choice of two (2) hours of
compensatory time off or two (2) hours of paid time. A period of standby duty shall be defined as
one (1) day, commencing at 0001 and ending at 2400.
An employee who uses sick leave or vacation leave during a standby period, occurring on or after
September 9, 2000, shall not be provided any form of compensation for the standby period, unless
the employee's department head approves, in writing, the provision of the normal standby period
compensation.
SECTION 7. Ju Du -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 calendar days before the beginning of the
jury duty.
23 40
B. During the first two weeks of jury duty, an employee shall be entitled to receive his or her
regular compensation.
C. For any portion of jury duty that extends beyond the first two weeks, such extended jury duty
period shall be without regular pay.
D. Any compensation for the first two weeks of jury duty, except travel reimbursement pay, must
be deposited with the Director of Human Resources.
E. While on jury duty, the employee must report to work during any portion of a day that the
employee is relieved of jury duty for three or more consecutive hours. Employees relieved of
jury duty for three or more consecutive hours may use accrued leave to take the rest of the
day off, provided they have secured prior supervisory approval.
F. The employee must provide documentation of his or her daily attendance on jury duty.
G. However, notwithstanding Section C above, employees may access accrued vacation leave,
sick leave and compensatory time, if jury duty extends beyond two weeks.
SECTION 8. Cell Phone Stipend - Employees in classifications which are currently issued a cell
phone may elect not to be issued cell phones and instead receive an eighty dollar ($80) monthly
stipend to offset the cost of utilizing their personal devices for work related purposes. Non - exempt
employees shall not use their personal cell phones to perform any work on behalf of the City outside
of normal working hours without prior supervisory approval. Employees who elect this option shall
make their personal cell phones and cell phone records available for inspection by the City on the
same terms and conditions as employees who are issued City cell phones.
ARTICLE XVII - DRUG -FREE WORKPLACE- STATEMENT
AND SUBSTANCE ABUSE POLICY,
SMOKING POLICY AND BREAK POLICY
The parties have met and conferred in good faith regarding the adoption of a revised drug -free
workplace statement and substance abuse policy dated July 1, 2008, as well as a non - smoking
policy and break policy and the same shall be implemented concurrent with adoption of this MOU.
ARTICLE XVIII- PERSONNEL FILE
SECTION 1. The official personnel file of each employee shall be maintained in the Human
Resources Department. A unit member and /or a Union representative authorized by the member, in
writing, may review or obtain copies of material from the employee's file with the exception of
material that includes ratings, reports or records which are obtained prior to the employment of the
employee involved.
SECTION 2. Employees shall be provided any copies of derogatory material placed in their official
file. Employees will be requested to acknowledge they received any derogatory material prior to it
being placed in their personnel file.
SECTION 3. All customer or citizen letters of a positive nature and /or any City commendations,
letters of achievements and recognition will be placed in the employee's personnel file.
24 41
ARTICLE XIX - AGENCY SHOP AGREEMENT
Legislative Authority — The City of El Segundo (City) and California Teamsters Local 911 (Union)
mutually understand and agree that in accordance with State of California law, per adoption of SB
739, and the Agency Shop election held January 2004, a majority of the full time, regular employees
in classifications represented by the Union voted to be covered by an Agency Shop agreement. As
a result of the Agency Shop election, as a condition of continued employment, this Agency Shop
agreement hereby requires that all bargaining unit employees:
1. Elect to join the Union and pay union dues; or
2. Pay an agency fee for representation; or
3. With a religious exemption, pay a fee equal to the agency fee to be donated to
selected charities.
Union Dues /Agency Fee Collection
Effective January 2004, 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.
The Union shall notify the City of any agency fee payer who elects to only pay fair share fees, the
fee equal to direct representation costs as determined by the Union's certified financial report. 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 set the dues amount pursuant to the International Brotherhood of Teamsters (IBT)
constitution and notify in advance all affected employees and the City if the amount will change.
New Hire Notification
Effective January 2004, 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 agreement, the 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.
26 42
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
pay a fee equal to the Agency Fee, to a non - labor, non - religious charitable organization.
Records
On an annual basis, the Union shall provide the Human Resources Director with a copy of the
Union's certified financial report. The City shall provide the Union a list of all unit members and dues
paying status with each union dues check remitted to the Union.
Rescission of Agreement
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 (30 %) 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 XX - CATASTROPHIC LEAVE BANK
Pursuant to the meet - and - confer process for 1997 -98, it was agreed upon that effective July 1,
1997, or as soon thereafter as is possible, the City shall establish a Catastrophic Leave Bank for
represented employees as follows:
PURPOSE
To establish a program whereby City employees may donate accumulated time to a
catastrophic sick leave bank to be used by permanent, part -time and full -time
employees who are incapacitated due to a catastrophic illness or injury.
2. DEFINITION
A catastrophic illness or injury is a chronic or long term health condition that is
incurable or so serious that, if not treated, it would likely result in a long period of
incapacity.
26 43
3. PROCEDURES
A. There is established a joint - employer /employee committee composed of an
individual from each recognized employee organization and a representative
of City Administration charged with administering the Catastrophic Leave
Bank.
B. Employees may transfer sick leave, vacation or compensatory leave to the
Catastrophic Leave Bank to be donated to an employee who is experiencing
catastrophic illness and has exhausted all personal sick leave. Such a
transfer can be made on July 1 of each year on forms provided by the City of
El Segundo. The employee to receive the donation will sign the "Request to
Receive Donation" form allowing publication and distribution of information
regarding his /her situation.
C. Sick leave, vacation and compensatory time leave donations will be made in
increments of no less than one day. These will be hour for hour donations.
D. Employees must hold a minimum of one hundred (100) hours of
accumulated illness /injury leave after a donation has been made.
E. The donation of time is irrevocable. Should the recipient employee not use
all of the donated time for the catastrophic illness or injury, any balance will
remain in the Catastrophic Leave Bank to be administered by the committee
and utilized for the next catastrophic leave situation.
27 44
For the Union:
Qf�fori6taniel,
Business Representative
,
Jam Car r,'Chief Steward
�f
Date
Note:
Bargaining Team Members for SPEA were:
Gregorio Daniel, Business Representative
James Carver, Chief Steward
Gary Ganibi, Sr. Administrative Analyst
Stella Georgious, Senior Accountant
Emma Johnson, Police Records Supvr
Steve Tsumura, Environmental Safety Mgr
Bargaining Team Members for the City were
For tfi q)City of I;.,I SeguOOO:
Greg CgfpenVr, City Manager
Deborah Cullen, Director of Finance /Human
Resources. ,,
Martha A. Dijkstra, Humarf'Resources Manager
Date
J. Scott Tiedemann, Attorney
Deborah Cullen, Director of Finance/ Human Resources
Martha Dijkstra, Human Resources Manager
45
APPENDIX A
BARGAINING UNIT CLASSIFICATIONS
Administrative Analyst
Assistant Fire Marshal
Associate Engineer
Construction Coordinator (At -Will Position)
Crime Prevention Analyst II
Crime Prevention Analyst I
Economic Development Analyst (At -Will Position)
Emergency Management Coordinator
Environmental Safety Manager
Equipment Maintenance Supervisor
Facilities Maintenance Supervisor
Fire Marshal
GIS Analyst
Information Systems Specialist
Librarian
Park Maintenance Supervisor
Plan Check Engineer
Police Records Supervisor
Principal Environmental Specialist
Principal Planner
Program Coordinator
Project Specialist
Property Owner Coordinator (At -Will Position)
Purchasing Agent
Recreation Supervisor
Senior Accountant
Senior Administrative Analyst
Senior Building Inspector
Senior Plan Check Engineer
Street Maintenance Supervisor
Technical Services Analyst
Wastewater Supervisor
Water Supervisor
Wellness Coordinator
46
APPENDIX B
HUMAN RESOURCES
DIRECTIVE TITLE: City Smoking Policy
Directive Policy /Procedure:
Date: October 5, 1994
Initiator: Bob Hyland
It is a policy of the City of El Segundo to prohibit smoking in City buildings, by the public and City
employees, in all areas where it is felt that smoking will significantly infringe upon the rights of others,
affecting both their health, safety and their ability to be productive.
This policy recognizes the health hazards of breathing "second hand" smoke, as reported by many
reputable researchers, including the Surgeon General of the United States.
In accordance with Chapter 6.24 (Ordinance No. 1140) of the El Segundo Municipal Code, the
following shall be strictly adhered to:
Smoking shall be prohibited in all areas of City buildings, including the City Council
Chamber, reception areas, lobbies, conference and meeting rooms, restroomt
lounges and lunchrooms, locker rooms and computer rooms.
Smoking shall also be prohibited in any City -owned or City- operated vehicle.
All entrances to City buildings and all areas of City buildings which are regularly occupied by the
public, shall be marked with signs reading: "Thank You for Not Smoking ", "No Smoking ", or the
International sign for No Smoking. City vehicles will be similarly marked.
There shall be no ashtrays in City buildings.
Ashtrays located outside of City buildings shall be placed sufficiently away from entrances so that
second hand smoke does not enter the building.
Enforcement of the provisions of this policy will be the responsibility of the Director of Human
Resources /Risk Management, supported by City Department Heads or their designate,
Violations of the policy by City employees will result in appropriate progressive discipline.
BH /ss
smWno.pW
47
APPENDIX C
City of El Segundo Substance Abuse Policy
July 1, 2008
PURPOSE
It is the Policy of the City of El Segundo (hereinafter "City ") to maintain a safe,
healthful and productive work environment for all employees. The City is committed to
maintaining a workplace free from the influence of alcohol and drugs. The City
recognizes that drugs and alcohol hinder an employee's ability to perform his or her
duties safely and effectively, and desires to protect its employees and the public from
such effects. Employees who abuse alcohol and drugs, on or off duty, tend to be less
productive; less reliable, and prone to greater absenteeism. To these ends, the City will
not tolerate any drug or alcohol use which could affect an employee's ability to safely
and effectively perform the functions of his or her particular job, or imperil the health and
wellbeing of co- workers or the people of the City. (The term "employee" as used herein
shall be considered synonymous with the term "volunteer".)
Employees who think they may have an alcohol or drug usage problem are urged
to voluntarily seek confidential assistance from the Employee Assistance Program.
While the City will be supportive of those who seek help voluntarily or via "optional
referral" (page 4), the City will be equally firm in identifying and disciplining those whose
performance is affected by substance abuse and do not seek help.
Supervisors and Management employees will be trained to recognize signs and
symptoms of drug abusers and to become involved in this review process. Alcohol or
drug abuse will not be tolerated, and disciplinary action, up to and including termination,
will be used as necessary to achieve the goal of a drug- free.workplace.
This Policy provides guidelines for the detection and deterrence of alcohol and
drug abuse. It also outlines the responsibilities of the City Supervisors, Management
and employees.
In recognition of the public service responsibilities entrusted to ALL employees of
the City, with knowledge that drugs and alcohol do hinder a person's abilities to perform
job duties safely and effectively, the following Policy against drug and alcohol abuse is
hereby adopted by the City of El Segundo.
M
APPLICATION
This Policy, and /or certain provisions thereof, applies to all employees and
certain applicants of the City. This Policy applies to alcohol and to all substances, drugs
or medications, legal or illegal, which could impair an employee's ability to effectively
and safely perform the functions of the job.
The Drug -Free Workplace Act of 1988, effective March 18, 1989, requires most
Federal contractors and all grant recipients (including the City of El Segundo) to
implement a comprehensive Substance Abuse Policy. This Policy will comply with the
requirements of the Act.
OBJECTIVE
It is the objective of this Policy to prevent the effects of substance abuse in the
workplace. It is the policy of the City that employees shall not be under the influence as
evidenced by the presence of a drug's metabolite in the employee's system or in
possession of alcohol or drugs; nor possess, use, sell or provide alcohol or drugs while
on City property, at work locations, while on duty or while specifically designated by a
supervisor as being on call; nor have their ability to work impaired as a result of the use
of alcohol or drugs. An employee shall be deemed to be "using" such substances if
prohibited substance levels are in the employee's blood, breath, saliva or urine when at
the workplace, or when otherwise purporting to act in the course and scope of
employment or while designated as being on call.
Use of medically prescribed medications and drugs is not necessarily a violation
of this Policy, unless there is a failure by the employee to notify his /her Supervisor or
Manager, before beginning work, when taking medications or drugs the employee
knows or reasonably should know could interfere with the safe and effective
performance of duties or operation of City equipment. Such malfeasance can result in
discipline, up to and including termination. In the event there is a question regarding an
employee's ability to safely and effectively perform assigned duties while using such
medications or drugs, clearance from a qualified physician may be required.
Upon a documented determination of reasonable suspicion that an employee is
violating this Policy or the Drugfree Workplace Statement, and consistent with
applicable State and Federal law as it from time to time exits; the City reserves the right
to search, without employee consent, all areas and property which the City owns or
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49
leases. Otherwise, the City may notify the appropriate law enforcement agency that an
employee may have illegal drugs in his or her possession or in an area not owned or
leased by the City.
Refusal to submit immediately to an alcohol and /or drug test when directed by
City Management or law enforcement personnel may constitute insubordination and
may be grounds for discipline, up to and including termination.
Employees reasonably believed to be under the influence of alcohol or drugs
shall be prevented from engaging in further work and shall be detained for a reasonable
time until he or she can be safely transported from the worksite.
CONDITION OF EMPLOYMENT
Compliance with the City of El Segundo Substance Abuse Policy is a condition of
employment for all persons covered by this policy. Any violation of this Policy will be
grounds for discipline, up to and including termination.
DEFINITIONS
Whenever the terms below are used in this Policy, they shall be defined as
follows:
All Employees: "All Employees" for the purposes of this Policy, refers to all full -
time and part-time employees, volunteers, police cadets, police explorers or police
reserves.
City Management: The term "City Management" for the purposes of this Policy
refers to the City Manager and his /her designee(s).
Management: The term "Management" for purposes of this Policy, refers to
Senior Management, Management and any employee who serves in a supervisory
capacity.
Controlled Substance: Any drugs that are classified by the Drug Enforcement
Administration (DEA) into the five schedules or classes on the basis of their potential for
abuse, accepted use, and accepted safety under medical supervision. A drug in any of
these schedules identifies that it is "controlled" and determines the nature of the
supervisory control that must be exercised.
Drug: The term "drug" shall refer to any substance, including alcohol, which, in
the opinion of a competent medical professional, causes or may cause significant
impairment of job performance, or which causes or may cause behavior that is a threat
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to the safety of the affected employee or others on the job, whether or not controlled by
law or prescribed by a licensed medical practitioner.
Employee Assistance Program (EAR The City's EAP is a program which
provides counseling and assistance to City employees and their family members.
Medical Review Officer ("MRO"),: The City will designate a physician
knowledgeable in the medical use of drugs as defined herein, prescription drugs and the
pharmacology and toxicology of illegal drugs to act as the MRO. The primary
responsibility of the MRO is to review and interpret positive test results obtained through
the City's drug testing program, and, in so doing, to discuss the results with the
employee and to determine whether alternate medical explanations could account for a
positive test result.
Optional Referral: "Optional referral" is a process whereby in lieu of and /or in
conjunction with discipline, any employee of the City may be offered referral by his or
her Supervisor or Manager to an Employee Assistance Program ( "EAP ").
Positive Alcohol Test: Any urine, blood or breath test that shows the presence of
alcohol as specified in this Policy, without explanation sufficient pursuant to this Policy,
to render said test excusable.
Positive Drug Test: Any saliva, hair, urine, or blood that is sent to a lab which
reports the presence of controlled substances, as specified in this Policy, without
explanation sufficient pursuant to this Policy, to render said test excusable.
Reasonable Suspicion: "Reasonable suspicion" or "reasonable cause" is a belief
based upon facts gathered from the totality of the circumstances that would cause a
reasonable supervisor to suspect impaired performance or reduced job safety by an
employee on the job. Reasonable suspicion is not to be based upon unconfirmed
rumors, but shall be based upon individual observation by Supervisors or Managers
trained by the City to recognize the signs and symptoms of substance abuse. The
Supervisor or Manager is required to take into account other possible explanations for
observed behavior, such as illness, lack of sleep, fatigue, and reactions to noxious
fumes or smoke. The factors supporting the reasonable suspicion shall be documented
and recorded in a manner provided and approved by City Management. See attached
Reasonable Suspicion Testing Checklist.
A non - inclusive description of behavior that may constitute evidence of
reasonable suspicion is as follows:
Slurred speech;
51
Physical altercation:
Verbal altercation;
Possession of alcohol or drugs;
Information obtained from a reliable person with personal knowledge as to an
employee's drug or alcohol use or possession;
Disorientation or job impairment (inability to perform employee's job in a routine
manner);
Odor of alcohol on breath;
Unsteady gait or balance;
Glassy eyes;
Drowsiness;
Euphoria;
Mood swings
Inattentiveness;
Excitement or confusion;
Irritability;
Aggressiveness.
Rehabilitation Program: A "rehabilitation program" is a program, beyond that
provided by the EAP, which is designed to assist an employee to become alcohol or
drug free. The City can condition such an employee's continuing City employment
upon an agreement that the employee shall be drug and alcohol free during the entire
period of employment. The cost of any rehabilitation program is borne by the employee,
in conjunction with benefits afforded by any provider of available health and welfare
benefits of which the employee is a subscriber.
Safety Sensitive Employee: A "safety sensitive employee" is an employee
occupying, or applying for, any position in which the employee's job involves special
and obvious physical and ethical demands. These positions shall be designated by the
City at its sole discretion, but shall include at least the following positions and /or
assignments: 1) Any employee whose position requires the carrying of a firearm; 2)
Firefighters; 3) Paramedics; 4) Heavy equipment/machine operators; 5) Police Officers;
6) Operators of vehicles; 7) Communications Operators; 8) Lifeguards; and 9) all
personnel involved with Child Development/Child Care.
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Security Sensitive Employee: A "security sensitive employee" is an employee
occupying, or applying for, any position in which the employee is subject to special
ethical demands relating to "confidential" or "classified" information affecting personnel,
litigation, and administrative /City functions. These positions shall be designated by the
City at its sole discretion, but shall include at least the following positions: 1) all clerical
and secretarial employees in the City Manager's Office, City Clerk's office, Human
Resources office, and Police Department, 2) all Senior Management and Management
Personnel. Some employees may be subject to DOT testing and, in addition to the
City's policy, will be tested under those regulations.
Substance Abuse: "Substance abuse" shall include the use, by ingestion,
inhalation, injection, or by any other means, drugs as defined herein, alcohol, illegal
drugs, prescription drugs, or any other substance which, in the opinion of a competent
medical professional, impairs an employee's ability to perform safely and effectively the
functions of his or her position, which increases the potential for accidents,
absenteeism, substandard performance, poor employee morale, or which could damage
the City's reputation.
UNDER THE INFLUENCE
"Under the influence" for the purposes of this policy, refers to the presence of the
metabolite of the controlled substance in the urine product at levels at or above those
described in this Policy.
GENERAL PROVISIONS (EMPLOYEE RESPONSIBILITIES)
Since it is the City's Policy to have a workplace free of the effects of drugs and
alcohol, the following are prohibited when reporting to work, on breaks, during meal
periods, when specifically designated as being on call, or when on City property:
A. For an employee to be impaired or be under the influence of any drug
or drugs (including alcohol), while at the worksite or at any other time
or place where the employee is purporting to act in the course and
scope of his /her employment, whether inhaled, ingested, injected, or
otherwise used by the employee on or off duty;
B. For an employee to inhale, ingest, inject or otherwise use any alcohol
or drugs as defined herein. An employee shall be deemed to be
"using" such substances if prohibited substance levels are in the
53
employee's system when at the workplace, or when otherwise
purporting to act in the course and scope of employment, or while
designated as being on call;
C. For an employee to sell, give, or provide any drugs (including alcohol)
or drug paraphernalia to any person, including any other employee,
either directly or indirectly through a third party;
D. For an employee while at the workplace or otherwise purporting to act
in the course and scope of employment, to manufacture, transfer,
possess, or purchase any drug or drugs (including alcohol);
E. For an employee to refuse to submit immediately to an alcohol and
drug test when requested by a Manager or Supervisor responsible for
enforcement of this Policy;
F. For an employee, before beginning work, to fail to notify his /her
Supervisor or Manager when taking any over - the - counter medications
or prescribed drugs which the employee knows or reasonably should
know, may alter the employee's physical or mental ability, or the
'employees knows or reasonably should know may interfere with the
safe and effective performance of the employee's duties;
G. For an employee to fail to provide within 24 hours of request bona fide
verification of a current valid prescription for any potentially impairing
drug or medication identified when a drug test is positive. The
prescription must be in the employee's name and be within the time
limits designated by the prescribing physician; and
H. For a "safety sensitive" employee, as defined herein, to fail to notify the
City of any arrest or conviction pursuant to a criminal drug statute
(including alcohol) within five days of the arrest or conviction.
SUPERVISORY TRAINING AND POLICY ENFORCEMENT
Supervisors and Management employees will be actively involved in the
enforcement of this Policy and in the detection of substance abusers. To that end, they
will be trained to recognize substance abuse and to comply with the mandates of this
Policy. Supervisors and Management employees shall notify all affected employees of
this Policy, and shall be held responsible for consistent adherence to and enforcement
of this Policy.
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DRUG TESTING
Druq Testing Defined: Drug and /or alcohol tests shall test for substances which
could affect an employee's ability to effectively and safely perform the functions of
his /her job. Drug groups which are the focus of screening include, but are not limited to,
the following:
Amphetamines /methamphetam ines;
Barbiturates;
Benzodiazepines (Valium);
Cocaine;
Methadone;
Methaqualone (quaaludes);
Opiates (morphine, codeine, heroin);
Phencyclidine (PCP);
Propoxyphene (Darvon);
Marijuana;
Alcohol;
Steroids (Anabolic) and Chorionic Gonadotropin, per H &S Code § 11056(f).
Upon implementation of this Policy, employees and certain applicants for
employment will be required to submit to the following drug tests as applicable:
Reasonable Suspicion Testing
A. Supervisors and Management employees may order that an employee
submit to a drug and /or alcohol test when they have a reasonable suspicion that an
employee is intoxicated or under the influence of drugs or alcohol while on the job, or
while specifically designated by a supervisor as being on call. Reasonable effort shall
be made to have the testing order given by a supervisor or manager within the subject
employee's department. For example, if a Police Department supervisor observes
behavior indicative of reasonable suspicion to test a Public Works employee,
reasonable steps given the precise circumstances, shall be undertaken to brief the
appropriate Public Works supervisor. However, if the Public Works supervisor in this
example is unable to later observe the factors constituting reasonable suspicion, the
observations of the non - department supervisor shall suffice to allow either the
department or non - department supervisor to order a test.
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55
"Reasonable Suspicion" is a belief, based on objective facts, sufficient to lead a
reasonably trained and prudent Supervisor or Management employee to suspect that an
employee is under the influence of drugs or alcohol such that the employee's ability to
perform the functions of the job is impaired or so that the employee's ability to perform
his /her job safely is reduced. See attached Reasonable Suspicion Testing Checklist.
B. Any Supervisor or Management employee ordering an employee to submit
to a drug and /or alcohol test must first document in writing the facts constituting
reasonable suspicion that the employee in question is intoxicated or under the influence
of drugs. Said documentation must be submitted to the Human Resources Director or
his /her designee prior to any test being administered.
C. When a Supervisor or other Management employee has reasonable
suspicion to believe that an employee is impaired by drugs or alcohol, the employee will
be removed to a suitable location, which will ensure his or her privacy, will be
interviewed and informed of the basis of the reasonable suspicion. Said interview shall
be procedurally governed by any statues, ordinances, rules or regulations effecting such
an employee interview. Where reasonably possible, said suspicion shall also be
confirmed by a second supervisor or manager. Any statements made during the
interview may be recorded, and may be used in any subsequent proceedings involving
the employee. If the Supervisor or other Management employee still has a reasonable
suspicion that the employee is still not drug free, the employee will be reminded of the
City's Policy and ordered to submit to urine testing in accordance with the procedures
established by this Policy (subject to concurrence in said order by the Human
Resources Director and /or his designee). (It is recognized that drug screening by use of
a "hair follicle" test has gained widespread support in the legal profession as constituting
an accurate screening method. Accordingly, the City may, at its sole discretion, utilize
said method. However, and in view of the relatively high cost of performing said test,
the City is not compelled to use such a screening process.) If the employee agrees to
comply with the order, he or she will be transported to a designated collection site. NO
TEST SHALL BE ADMINISTERED, UNLESS THE HUMAN RESOURCES DIRECTOR
OR HIS /HER DESIGNEE CONCURS IN WRITING IN THE DETERMINATION THAT
REASONABLE SUSPICION EXISTS TO JUSTIFY A TEST AND THAT THE TEST
SHALL BE GIVEN PURSUANT TO THIS POLICY.
Any Supervisor or Management employee encountering an employee who refuses
an order to submit to a drug and/or alcohol test shall remind the employee of the
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requirements and disciplinary consequences of breaching this Policy. Where there is
reasonable suspicion that the employee may be under the influence of alcohol or drugs,
the Supervisor or Management employee should attempt to detain the employee other
than by use of force, for a reasonable time until the employee can be safely transported
home.
D. Supervisors and Management employees shall not physically search the
person of employees, nor shall they search the personal possessions of employees
without the freely given consent of, and in the presence of, the employee.
E. Managers and Supervisors shall notify their Department Head or designee
when they have reasonable suspicion to believe that an employee may have illegal
drugs in his or her possession or in an area not jointly or fully controlled by the City. If
the Department Head or designee concurs that there is reasonable suspicion of illegal
drug possession, the Department head shall notify the appropriate law enforcement
agency.
PRE - EMPLOYMENT TESTING
Certain Job Applicants — After a conditional job offer has been extended, the City
has a special need to require a drug and alcohol test in accordance with the procedures
established by this Policy for certain applicants being considered for hire to certain job
classifications . These classifications include but are not limited to jobs that have a
special (uncommon or unique) and obvious (conspicuous or usually discernible)
physical or ethical demand, which, if comprised, could have adverse consequences
upon public-safety or national security, or jobs that can directly influence children. Said
classification shall include those defined on page 5 as safety sensitive positions, those
listed in Exhibit A, and additional positions, which may from time to time be created that
fit into the general description defined herein. These applicants must take and pass a
drug and alcohol test following their acceptance of an offer of employment that is
conditioned upon passing a pre - employment physical and drug/alcohol test.
Confirmed Positive Results:
The Human Resources Director or his /her designee will maintain the security of
reported confirmed positive test results. Confirmed positive results may be used by the
City in any disciplinary action against the employee involved.
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Conseguences of Refusing to Take any Test Required by This Policy:
Failure of any employee to submit immediately to a substance test ordered in
accordance with this Policy (or other test approved herein) will be considered a serious
offense of insubordination and may result in discipline, up to and including termination.
Continuinq Legal Validity of Testing Procedures:
In the event that future developments make it apparent that any approved drug
testing procedures are unlawful, the City will cease to implement those procedures as
are found to be unlawful.
EMPLOYEE ASSISTANCE PROGRAM
Early recognition and treatment of alcohol and drug abuse is important for
successful rehabilitation, for economic return to the City, and for reduced personal,
family and social disruption. The City encourages the earliest possible diagnosis and
treatment for alcohol and drug abuse. However, the decision to seek diagnosis and
accept treatment is primarily the individual employee's responsibility. To assist
employees in obtaining early voluntary treatment, the City has established an Employee
Assistance Program (EAP). The EAP provides counseling and assistance to all City
employees.
The Human Resources Department shall make information regarding such
services available to all City employees.
Employees with alcohol or drug abuse problems should request the confidential
assistance of the EAP. Employees may seek help without approval or even the
knowledge of their Supervisor or Manager. The EAP will provide assistance on a
confidential basis and will refer the employee to appropriate counseling or treatment
services. Requesting assistance of the EAP in dealing with an alcohol or drug abuse
problem shall not, in and of itself, jeopardize the employee's continuing employment
status with the City. However, requesting assistance of the EAP, whether it be
voluntary or otherwise, does not immunize an employee from being subject to
disciplinary action. In most instances, such requests will minimize exposure to
disciplinary action.
Employees who undergo voluntary counseling or treatment pursuant to a referral
by the EAP and who continue to work must meet all established standards of conduct
and job performance.
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Voluntary Self- Referral to Employee Assistance Program (EAP):
Assistance through the EAP program will be available on a self - referral basis as
follows:
A. , Prior to discovery of any violation of this Policy, any employee who
believes that he or she has a substance abuse problem requiring treatment may
voluntarily request assistance through the EAP either directly through the EAP provider,
if direct referral is available, or through his or her supervisor;
B. To correctly and completely identify the nature of a substance abuse
problem, an employee may be required by his or her Manager or Supervisor or the EAP
provider to submit to a drug test prior to beginning counseling or treatment. The results
of the test conducted by the EAP will not be reported to the Human Resources Director
or the MRO. However, the EAP provider shall be authorized to advise the Human
Resources Director, MRO, or the employee's supervisor if in the sole-opinion of the EAP
provider, the employee is unfit to perform the duties of his /her position and attempts to
perform said duties may result in serious safety risk to the City or to the public. The
employer shall then be able to commence an investigation of the allegation;
C. If the EAP provider determines it is appropriate, the employee may be
referred to a rehabilitation program. An employee referred to a rehabilitation program
will be responsible, in conjunction with any provider of available health and welfare
benefits, for the cost of the rehabilitation program;
D. Regardless of participation in the EAP program or a rehabilitation
program, any employee found to be performing purportedly in the course and scope of
employment while impaired by a drug or alcohol, or so impaired while specifically
designated as being on call and as prohibited by this Policy, shall be subject to
discipline, up to and including termination. Employees are, therefore, encouraged to
request to be relieved from duty and be placed on a leave of absence during his or her
participation in the EAP or rehabilitation program if the employee will not remain drug
free during the program. The City will allow the employee to take one leave of thirty
(30) calendar days or less and to charge accumulated sick leave or other leave credits
while the employee participates in the EAP, rehabilitation or treatment program. If no
leave credits are available to the employee, he or she may, if deemed necessary by
Management, be placed on a leave of absence without pay for the duration of the EAP,
rehabilitation or treatment program;
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E. If an employee is experiencing performance problems or disciplinary
action is contemplated or pending against the employee at the time a request for
assistance is made, the request for assistance will be treated as a separate but possibly
related issue. In no case will a request for assistance provide amnesty to an employee
in a contemplated or pending disciplinary action. A request for assistance may, at the
discretion of City Management, defer related pending or contemplated disciplinary
action until completion of the treatment process;
F. An employee will suffer no loss of seniority by virtue of his or her
participation in the EAP or rehabilitation program.
Optional Referral to Employee Assistance Program (EAP):
The City recognizes that assistance through the EAP, or rehabilitation, rather
than disciplinary action, or possibly in conjunction with some forms of discipline, may be
appropriate in certain circumstances. Referral to the EAP, rather than discipline, or
along with lesser forms of discipline other than termination, may be made as follows:
A. Upon a first offense of a violation of this Policy, an employee will
generally be given the option of referral to the EAP for completion of a prescribed
rehabilitation program, rather than being terminated. The employee may be relieved of
safety sensitive and /or security sensitive functions until completion of the rehabilitation
program to the satisfaction of the rehabilitation counsel, return of a negative drug test,
and signing of a Re -entry Agreement as discussed further below;
B. An employee subject to optional referral must agree to undertake and to
complete successfully a course of treatment as deemed appropriate by the EAP and /or
rehabilitation program counselor. Any employee refusing to agree to comply with an
optional referral is subject to discipline, up to and including termination.
C. If an employee fails to conform to the requirements of the rehabilitation
program and /or fails to successfully complete the program and/or fails to remain drug
free, the employee may be terminated. As part of the terms of the optional referral, the
employee agrees that the EAP provider and /or rehabilitation counselor will report to the
employee's Supervisor or Manager any failure on the part of the employee to cooperate
in the rehabilitation program, or to progress through the program to the satisfaction of
the counselor;
D. The City will allow the employee to take one leave of thirty (30) days or
less and to charge accumulated sick leave or other leave credits while the employee
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participates in the EAP, rehabilitation or treatment program. If no leave credits are
available to the employee, he or she may, if deemed necessary by Management, be
placed on a leave of absence without pay for the duration of the EAP, rehabilitation or
treatment program;
E. An employee will not generally be offered referral to the EAP or
rehabilitation in lieu of discipline for a second violation of this Policy;
F. An employee will suffer no loss of seniority by virtue of his or her
participation in the EAP or rehabilitation program;
G. An employee who desires to return to work after an optional referral must
agree to the terms of a Re -entry Agreement, the terms of which shall be established by
the City in its sole discretion. That Agreement may include, but is not limited to, the
following:
Release to Work: Submission of a Release to Work Statement, which is
satisfactory to the City, from a medical or treatment specialist. Review and work
release by the Medical Review Officer.
Follow -up Care: Submission of an after care and follow -up treatment plan with
a counselor or specialist which would last a minimum of six (6) months, or longer, as
specified by the counselor or specialist.
Negative Drug Test: Submission of a negative urine test (or hair follicle test),
taken in accordance with the procedures established by the City.
EMPLOYEE CONFIDENTIALITY
Information about Collection of Sample:
Employees will be verbally notified of the purpose for collecting a sample prior to
its collection for a drug test under this Policy. The collection of urine samples shall be
done with all reasonable regard for the employee's privacy, but with all reasonable
assurances taken that the sample being provided remains secure.
Laboratory or Test Results:
Laboratory reports or test results shall not appear in an employee's general
personnel folder. Information of this nature will be contained in a separate confidential
medical folder that will be securely kept under the control of the Human Resources
Director. The reports or test results shall be disclosed to City Management on a strictly
need -to -know basis, and to the tested employee. Disclosures, without employee
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consent, may also occur when: (1) the information is compelled by law or by judicial or
administrative process; 2) the information has been placed at issue in a formal dispute
between the employer and employee; (3) the information is to be used in administering
an employee benefit plan; and (4) the information is needed by medical personnel for
the diagnosis or treatment of the patient who is unable or unwilling to authorize
disclosure.
Searches:
The City shall not physically search the person of any employee. The
appropriateness of any physical search will be left to the determination of the proper
legal authorities. Any searches of employees' personal belongings may be done only
pursuant to freely given consent, or as permitted by law. The City may search any
property or area which is City owned or leased by the City. Employees are specifically
notified that the following areas are not private, unless agree to otherwise in writing by
the City: desks, file cabinets, work area, employee lounges, lunch area, restrooms,
lockers and any other storage area. Searches of said City owned or lease areas shall
be done either:
(1) in the employee's presence, or
(2) with the employee's consent, or
(3) pursuant to a valid search warrant, or
(4) where the employee has been notified that a search will be conducted.
LABORATORY SELECTION AND MANAGEMENT (These provisions are subject to
necessary technical modification should hair follicle testing be utilized.)
A. The City shall utilize medical providers that are qualified to handle the
collection of urine samples for the purpose of drug and /or alcohol testing.
Although selection of such provider(s) shall be in the sole discretion of the
City, the latter shall solicit the advice of recognized employee
organizations regarding such selection.
B. The City shall utilize a laboratory that is properly licensed and SAMHSA
certified and whose procedures comply with ongoing state and /or federal
law.
C. There shall be two (2) urine samples collected and split in two separate
containers. The laboratory that conducts the screening of the urine
sample for drug and /or alcohol testing must confirm the positive test
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results by testing the second sample using Gas Chromatography /Mass
Spectrometry.
D. Samples collected under this procedure will only be tested to determine
the presence of drugs and /or alcohol.
E. The employee shall have the right to have both the split sample tested by
another licensed lab at his /her own expense. However, results of a test(s)
conducted by a laboratory selected by the employee need not be given
the same weight by the City as is given to the test results produced by the
laboratory selected by the City for the initial examination and, the results
of the lab selected by the employee shall not be a bar to the City of taking
corrective action as set forth in this Policy. At its sole discretion, the City
can require that a sample be submitted to a third analysis by a lab of the
City's choice and at City expense, in cases where the City lab and the
employee designated lab have produced inconsistent results. The impact
of any such third analysis shall be determined by the City. `
Drug Screening Process:
A. The first screening of the urine sample will be by the Enzyme Multiplied
Immunoassay Technique (EMIT). If the first test is positive, the urine
sample shall be submitted for a confirmation screening test.
B. The confirmation test will be by Gas Chromatography /Mass Spectrometry.
C. Only a positive result by the confirmation testing will be reported to the
City of El Segundo by the MRO. Subject to the exceptional substance
levels described below, it is the policy of the City of El Segundo that a test
result indicative of any such level of alcohol or drug shall authorize the
City to address said finding as described in this policy. However, the
City's contact of professional criminalist and healthcare providers has lead
to a recognition that certain minimal levels of specified drugs may be
confirmed via the drug screening process described herein, yet from a
medical and municipal policy implementation viewpoint, should not result
in adverse consequences to the subject employee. The City's
investigation has revealed that a variety of law enforcement agencies,
criminalists and healthcare professionals, do acknowledge that certain
specified drugs can exist in trace amounts within the body, without
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causing impairment and /or without having been knowingly ingested.
Therefore, a positive drug screen indicatina the following drug levels shall
not be indicative of a "positive" drug test.
The following
levels are
approved
by NIDA:
EMIT
GUMS
Drug Screening
Cutoff
Confirmation Cutoff
1.
amphetamines /methamphetamines
1000 ng /ml
500 ng /ml
2.
barbiturates
300
100
3.
benzodiazepines (Valium tranquilizers)
300
150
4.
cocaine metabolite
300
150
5.
methadone
300
100
6.
methaqualone
300
100
7.
opiates (morphine, codeine, heroin)
2,000
2,000
8.
phencyclidine (PCP)
25
25
9.
propoxyphene (Darvon)
300
100
10.
cannabinoid (THC)
50
15
11.
steroids
N/A
N/A
12.
alcohol (urine)
0.02%
0.02%
D. The remainder of the positive urine specimen(s) shall be retained frozen by the
laboratory for one (1) year.
Sample Collection Procedure
A. Employees who are sent to the City's medical facility for drug and/or alcohol
testing shall provide a urine specimen that will be split into two bottles (samples
A and B) according to the following collection procedures:
1. The employee shall be given two urine containers to take into the urine
collection room.
2. The urine collection room shall contain a toilet and a sink. The toilet water is
dyed blue and the hot water to the room is shut off by a control handle
located outside of the room.
3. The employee shall leave his /her belongings in a locked room during the
sample collection procedure.
4. The employee shall be allowed to dress in civilian clothing when providing the
samples.
5. The employee, upon providing the urine samples, will hand the samples to
the collector.
6. The collector will test the temperature of the samples to ensure they are
between 90 and 100° Fahrenheit.
7. The collector will split the sample into two containers with a lid and tape, in
view of the employee and that employee will then initial and date the
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samples. One sample shall be marked Sample A" and the second marked
"Sample B."
8. The samples will then be placed into a plastic bag that is then sealed until it
reaches the laboratory.
9. The collector will ask the employee to list any medications they are currently
taking.
EDUCATION
The City will make adequate provisions for the education of its employees
concerning the nature of and reasons for this Policy and the procedures established by
the Policy. The City will make the possible disciplinary consequences of violation of this
Policy known to all employees. The City will also distribute information to the
employees which clearly explains the dangers and symptoms of substance abuse and
the various techniques and alternatives available to deal with substance abuse.
Communication shall remain open regarding these subjects.
Savings Clause
If any provision of this Policy is found to be unlawful, the remaining provisions
which are not found to be unlawful will remain in full force and effect.
Employee Acknowledgement
I have read the City of El Segundo's Substance Abuse Policy, been provided with
a copy, and understand that I am subject to its provisions.
Date
Job Title
Date
MIMI
Employee's Signature
Employee's Name (Printed)
65
DRUG -FREE WORKPLACE STATEMENT
July 25, 1994
1. PURPOSE
The Drug -Free Workplace Act of 1988, passed by Congress on October 21,
1988, requires all grant recipients to implement a comprehensive substance abuse
policy. Under the Workplace Act, to be eligible to obtain a federal grant, an employer
must certify to the granting agency that it will provide a drug -free workplace.
It is the intent of the City of El Segundo to maintain a safe, healthful and
productive work environment for all employees. To accomplish this, the City will act to
eliminate any drug abuse which increases the potential for accidents, absenteeism,
below standard performance, poor employee morale or damage to the City's
reputation. Everyone covered by this statement should be aware that violations of this
policy may result in discipline, up to and including termination, a requirement that the
employee participate in a drug assistance or rehabilitation program, and /or in not being
hired.
Because it is widely recognized that drugs hinder one's ability to perform work
safely, productively and effectively, the following statement is hereby adopted by the
City of El Segundo.
2. STATEMENT
The City of E/ Segundo prohibits the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance, alcohol or other
drug that the employee knows or reasonably should know could interfere with
the safe and effective performance of duties or operation of City equipment in
the workplace.
3. ACTIONS THAT WILL BE TAKEN AGAINST EMPLOYEES FOR VIOLATION
OF THE PROHIBITIONS IN PARAGRAPH 2 ABOVE
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66
In accord with the Substance Abuse Policy that accompanies and is incorporated
by reference in this Statement, the City recognizes that aid through an Employee
Assistance Program or rehabilitation program, rather than disciplinary action, or a
combination of discipline and participation in an EAP or Rehabilitation program, may
be appropriate in responding to employees who have violated either or both this
Statement or the Substance Abuse Policy. Reference should be made by the
employee to the Substance Abuse Policy, in order to be fully apprised of the range of
options that may be utilized by the City in responding to violations of the Statement
and /or Substance Abuse Policy. Of course, the City may determine that discipline
alone is the appropriate manner by which to address violations of the Statement and /or
Policy.
4. CONDITION OF EMPLOYMENT
As a condition of employment, all employees will:
a) abide by the terms of this statement; and
b) notify the Human Resources Director or his /her designee of any drug
related criminal statute conviction for a violation occurring in the workplace no
later than five (5) days after the conviction. "Safety Sensitive" employees, as
defined herein, shall also advise of a drug related arrest within said timeframe.
(See Substance Abuse Policy for definition of terms used herein.)
5. ACKNOWLEDGEMENT
I have read the City of El Segundo's Drug -Free Workplace Statement, have been
provided with a copy, and understand that l am subject to its provisions.
Date
Job Title
Date
-20-
Employee's Signature
Employee's Name (Printed)
67
Exhibit A
0
City of El Segundo
Pre - Employment Drug Testing
1.) Police Officer
2.) Firefighter/Paramedic
3.) Dispatcher
Supervising Dispatcher
4.) Job classifications with a requirement for a Class B or Class A Drivers License:
• Street Maintenance Leadworker
• Street Maintenance Worker II
• Water Maintenance Worker II
• Wastewater Maintenance Leadworker
• Wastewater Maintenance Worker II
• Equipment Mechanic II
• Fire Equipment Mechanic
• Tree Maintenance Worker
• Recreation Leader N (Shuttle, van and Dial -a -Ride Drivers)
5.) Lifeguarding Personnel
6.) Police Service Officer
• Animal Control Assignment
• Jailer Assignment
• Court Liasion Assignment
7.) Crime Scene Investigators
8.) Police Assistants
9.) Police Records Supervisor
10.) Technical Service Analyst
11.) Police Chief and Fire Chief and laterals to Management Positions in both departments
-21-
68
12.) Deputy Fire Chief
13.) Recreation Coordinator (Aquatics)
Recreation Coordinator (Teen Center)
14.) Recreation Supervisor
15.) Environmental Safety Manager
16.) Principal Environmental Specialist
17.) Fire Marshal
Assistant Fire Marshal
18.) Facilities System Mechanic
19.) Facilities Maintenance Supervisor
20.) Building Inspector and Senior Building Inspector
21.) Fire Inspector
22.) Project Specialist
-22-
69
REASONABLE SUSPICION TESTING CHECKLIST
The following is a listing of a observable behaviors that may be used prior to conducting, a reasonable
suspicion test.
Behavioral Observation Checklist
Name of Observed Employee: _
Name of Supervisor: _ Date:
Witness:
Check all those indicators or cues observed in the workplace:
Appearance: Behavior:
Glassy eyes
Yes
No
Slurred speech Yes
No
Blank stare
Yes
No
Confused speech
Yes
No
Bloodshot eyes
Yes
No
Staggering
Yes
No
Flushed face
Yes
No
Poor coordination
Yes
No
Alcohol smell
Yes
No
Tremors /shakes
Yes
No
Marijuana smell
Yes
No
Altered appearance
Yes
No
Mood:
Vigilance/Performance:
Mood changes
Yes
No
Confused
Yes
No
Isolating
Yes
No
Disoriented
Yes
No
Nervousness
Yes
No
Drowsiness
Yes
No
Belligerent
Yes
No
Sleeping
Yes
No
Aggressive
Yes
No
Hearing things
Yes
No
Unusually quiet
Yes
No
Seeing things
Yes
No
Unusually talkative
Yes
No
Blackouts
Yes ..
No
Signature of Supervisor: Da4e: _ __ _
Signature of Employee:
BDA Uan 2003
Date:
70
City of El Segundo
Federal Rules
on
Alcohol and Other Drugs
and
Information for CDL Holders
APPENDIX D
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City El Segundo
Federal Rules on Alcohol and Other Drugs:
Information for CDL Holders
Policy Statement
The City of El Segundo, "City ", is committed to maintaining a safe and healthy
working environment. This commitment is based on the City's obligation to protect
the health and safety of its customers and employees, and includes taking the
appropriate steps to maintain a workplace free from alcohol and other drug use.
The information contained in this document applies to employees who perform
safety- sensitive functions as defined by Federal regulation. In addition to this
document, safety- sensitive employees must comply with other City policies.
This document supersedes all previous policies, practices, or guidelines. It is not an
employee contract and is not intended as one. As with any City document, it may
be revised and is subject to modification at any time.
Compliance Statement
"City" supports and complies with the Drug Free Workplace Act of 1988 and the
Omnibus Transportation Employee Testing Act of 1991.
In addition to other prohibited conduct set forth in this document (below), employees
should especially note that
The unlawful manufacture, distribution, dispensation, possession,
concealment, use, sale, transfer, or purchase of a controlled substance on
City -owned or - controlled property, or in City -owned or - leased vehicles,
or on any property while "on the clock" or performing any City
business, is strictly prohibited. Such action will be reported to the
appropriate law enforcement officials.
Distribution
A copy of this document will be provided to all current safety- sensitive employees,
and will be given to each person subsequently hired for or transferred to a covered
position.
Written notice of the availability of this information will be provided to
representatives of employee organizations.
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1. CONTACT PERSON KNOWLEDGEABLE OF THE PROGRAM:
Name: Bob Hyland
Interim Director of Human Resources
350 Main Street
El Segundo, CA 90245
310.524.2336
Laboratory: Quest Diagnostics
7600 Tyrone Ave.
Van Nuys, CA 91405
(800) 877 -2520
Medical Review Officer (MRO):
Eleanor Gilbert, M.D.
1430 Main Street
Salt Lake City, UT 84115
888.249.4575
2. COVERED EMPLOYEES:
All City employees who hold a commercial driver's license (CDL) and who
drive a commercial motor vehicle (CMV) as part of their assigned duties,
whether regularly or on an as- needed basis shall be subject to the provisions
of the Federal Motor Carrier Safety Administration (FMCSA) regulations and
City policies included in this document. Firefighters are- exempt from these
regulations.
A CMV is a motor vehicle used to transport passengers or property that:
a. has a gross combination weight rating (GVWR) of 26,001 or more
pounds inclusive of a towed unit with a GVWR of more than 10,000
pounds;
b. has a gross vehicle weight rating of 26,001 or more pounds;
c. is designed to transport 16 or more people, including the driver; or
d. is of any size and is used in the transportation of materials found to be
hazardous for the purposes of the Hazardous Materials Transportation Act
and which require that the vehicle be placarded under the Hazardous
Materials regulations.
3. FUNCTIONS AND PERIOD OF THE WORK DAY COVERED BY THE
73
PROGRAM:
Safety- sensitive functions performed by drivers include:
a. all time at an employer or shipper, plant, terminal, facility, or other
property, or on any public property, waiting to be dispatched, unless the
driver has been relieved from duty by the employer;
b. all time spent inspecting equipment as required by FMCSA regulation, or
otherwise inspecting, servicing, or conditioning any CMV at any time;
c. all time spent at the driving controls of a CMV in operation;
d. all time, other than driving time, in or upon any CMV, except time spent
resting in a sleeper berth;
e. all time loading or unloading a CMV, supervising or assisting in the
loading or unloading, tending a vehicle being loaded or unloaded,
remaining in readiness to operate the vehicle, or in giving or receiving
receipts for shipments loaded or unloaded; and
f. all time repairing, obtaining assistance, or remaining in attendance upon a
disabled vehicle.
For purposes of the substance abuse regulations, a driver is considered to be
performing a safety - sensitive function during any period in which the driver is
actually performing, ready to perform, or immediately available to perform
any safety- sensitive function.
0 For example, an employee holds a CDL and is on call to drive a CMV at
any time during his or her work day. Even though these functions might
not be performed during his or her regular work day, he or she would be
subject to testing the entire work day because he or she is immediately
available to perform the functions of a driver.
® Employees will only be tested for alcohol while they are at a work site.
4. PROHIBITED CONDUCT UNDER THE FMCSA REGULATIONS:
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74
DRUG USE
Any unlawful use of a controlled substance (i.e., use without a valid medical
explanation) is prohibited.
• Although the FMCSA only requires and authorizes testing for five drug
classes (marijuana, cocaine, amphetamines, opiates, and phencyclidine), an
employee cannot perform a safety- sensitive function if the employee has used
any Schedule I controlled substance or other substance that renders the driver
incapable of safely operating the vehicle.
ALCOHOL AND ALCOHOL USE
Definitions
• Alcohol is the intoxicating agent in beverage alcohol, ethyl alcohol, or other
low molecular weight alcohols, including methyl or isopropyl alcohol.
• Alcohol use is the consumption of any beverage, mixture, or preparation,
including any medication (prescribed or over - the - counter, intentional or
unintentional), containing alcohol.
A. Alcohol Possession
• Covered employees may not possess any alcoholic beverage while on duty,
except alcoholic beverages that are manifested and transported as part of a
shipment.
B. Alcohol Concentration
Covered employees may not report for duty or remain on duty in a position
requiring the performance of safety- sensitive functions while having an
alcohol concentration of 0.04 or greater.
• FMCSA regulations also provide that an employee who has an alcohol
concentration of 0.02 or greater but less than 0.04 cannot be permitted to
perform safety- sensitive functions. It will therefore be a violation of City
policy for any covered employee to report for duty or remain on duty
with an alcohol concentration of 0.02 or greater.
C. Pre -Duty Use
75
Employees may not perform safety- sensitive duties within 4 hours after
consuming alcohol.
On -call employees who are not at work, but could be called to perform safety -
sensitive functions, are subject to the pre -duty alcohol prohibition (i.e., they
would have to decline a call to work if acceptance would result in performing
safety- sensitive duties within the 4 hours).
D. On -Duty Use
Covered employees may not consume alcohol in any form while performing
safety- sensitive functions.
This prohibition also applies to covered employees who are at work and
immediately available to perform safety- sensitive functions.
E. Use After an Accident
No covered employee required to take a post- accident test under FMCSA
regulations shall use alcohol for 8 hours after the accident or until he or she
has been given a post - accident test, whichever occurs first. (For employees
required to undergo testing, see Post - Accident Testing, below.)
REFUSAL TO SUBMIT TO TESTING
Covered employees may not refuse to submit to a required drug or alcohol
test. The City will not permit an employee who refuses to submit to such a
test to perform or continue to perform safety- sensitive functions.
Refusal to submit to testing means that the employee:
:0 failed to provide adequate breath for alcohol testing or urine for drug
testing after receiving notice of the requirement I to be tested without a
valid medical explanation for the failure, OR
engaged in conduct that clearly obstructs the testing process (including,
but not limited to, specimen adulteration or substitution, spitting in a
breath tube, refusing to sign block 2 on the breath alcohol testing form,
etc.)
Refusal to submit to a pre - employment or return to duty test is not a violation
of the FMCSA rule, but such a refusal will preclude the individual from
performing safety- sensitive functions for a regulated employer.
5. CIRCUMSTANCES THAT REQUIRE TESTING:
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76
Covered employees are subject to the following federally- mandated drug and alcohol
tests:
A. Pre - employment
• Pre - employment drug testing is required before an employee performs a
safety - sensitive function for the first time.
• The City must obtain a verified negative test result from the medical review
officer before permitting the employee to perform any safety- sensitive duties.
B. Post- Accident
As soon as practicable after an accident, each surviving covered employee
must undergo drug and alcohol testing if the accident was determined by the
City to meet the following conditions:
The occurrence involved a CW operated on a public road in commerce
AND the driver:
• was performing a safety- sensitive function with respect to the vehicle if
the accident involved a human fatality; OR
received a citation under State or local law for a moving traffic violation
arising from the accident AND the accident involved:
0 bodily injury to any person who, as a result of the injury,
immediately receives treatment away from the scene of the
accident, OR
Z disabling damage to one or more motor vehicles incurred as a
result of the accident, requiring the motor vehicle to be
transported away from the scene by a tow truck or other motor
vehicle.
A covered employee who is subject to post- accident testing will remain
readily available for testing or may be deemed by the City to have refused to
submit to testing.
• Attempts to conduct post- accident drug testing will cease 32 hours after the
accident, even if no drug test has been conducted.
Attempts to conduct post- accident alcohol testing will cease 8 hours after the
accident, even if no alcohol test has been conducted.
C. Random
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77
• Covered employees will be selected for random drug and alcohol testing
using a computer -based random selection program.
• Covered employees shall be subject to random drug and alcohol testing at
rates not less than the minimum(s) required by regulation. Currently, the
number of alcohol tests required each year is 10% of the number of covered
employees. The number of required drug tests is 50% of the number of
covered employees.
• Random tests will be spaced throughout the year and will be unannounced.
• Random testing may be conducted any time during any work shift, and may
be conducted on any work day during the year.
• An employee might be selected more than once or not at all in any given
year.
• Random alcohol tests will be conducted while the employee is performing
safety- sensitive functions, just before the employee is to perform safety -
sensitive functions, or just after the employee has ceased performing safety -
sensitive functions.
• Employees notified of selection for random testing must proceed immediately
to the testing site. Failure to immediately report for testing may be
considered by the City to be a refusal to submit to testing.
D. Reasonable Suspicion
A covered employee must submit to a drug and/or alcohol test if the City has
determined that reasonable suspicion exists that the employee has violated
the drug use and/or alcohol misuse prohibitions.
This determination must be based on a trained supervisor's specific,
contemporaneous, articulable observations concerning the appearance,
behavior, speech or body odors of the employee. The observations regarding
alcohol misuse must be made just before, during, or just after the employee's
performance of safety- sensitive duties.
Even if an alcohol test cannot be administered, no employee who is under the
influence of or impaired by alcohol, as shown by physical, behavioral,
speech, or performance indicators of alcohol misuse, should report for duty or
remain on duty requiring the performance of safety- sensitive functions, nor
will the City permit such an employee to report for or remain on duty, until a
test can be administered and the result is below 0.02 or until the
commencement of the employee's next duty period if at least 24 hours has
elapsed.
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78
• Nothing in this section should be construed as limiting the City's ability,
based on the City's independent authority, to take action against or impose
other requirements on employees suspected of drug and/or alcohol use or
misuse.
NOTE: In addition to testing required by FMCSA, employees may be
subject to drug and /or alcohol testing under City policy for suspected
substance abuse. Such testing will be accomplished based on criteria
established by the City, and may include testing under circumstances other
than those set forth in FMCSA's regulation.
E. Return to Duty
Before a covered employee returns to duty in a safety- sensitive function after
engaging in prohibited conduct, he or she must undergo a return to duty test.
The employee cannot perform a safety- sensitive function until an alcohol test
result indicating an alcohol concentration of less than 0.02 and/or a verified
negative drug test is obtained.
• An employee may be required to undergo both drug and alcohol return to
duty testing after a violation (whether drug- or alcohol - related) if the
substance abuse professional (SAP) determines that testing for both is
necessary for that particular employee.
F. Follow -Up
DOT regulations require employees who have tested positive to be referred to a
Substance Abuse Professional (SAP) for evaluation and recommended treatment
including follow up testing and removed from the DOT covered safety sensitive
position. Any employee who has a positive test may result in discipline up to and
including termination.
Each covered employee, who has been identified by a SAP as needing
assistance in resolving a problem with drug use or alcohol misuse and who
has returned to duty performing a safety- sensitive function, will be subject to
follow -up testing.
Follow -up tests will be unannounced and at least 6 tests must be conducted in
the first 12 months after the employee is back on the job. Follow -up testing
may continue for up to 60 months.
The schedule for follow -up drug and/or alcohol testing is established by a
SAP.
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79
• An employee may be required to undergo both drug and alcohol follow -up
testing after a violation (whether drug- or alcohol- related) if the SAP
determines that testing for both is necessary for that particular employee.
X17
W]
6. PROCEDURES FOR DRUG AND ALCOHOL TESTING
A. Drug Testing
i. Collection
• All drug testing is conducted by analysis of a urine specimen. The specimen
collection process is designed to protect employee privacy and individual
dignity. Each urine specimen collected will be subdivided into two portions
(called "primary" and "split"; see below for more on split specimens).
• Professional collectors are used to collect the specimens, and all specimens
are sent to a laboratory certified by the Department of Health and Human
Services. The collector must verify the donor's identification, and can be
required to provide his/her identification to the donor on request.
• Chain of custody is maintained on the specimen from the time of collection
throughout the analysis to ensure that the results are attributed to the correct
employee and that the specimen is properly handled.
NOTE: If the employee cannot provide sufficient urine for testing, he or she
must undergo a medical examination to determine if there is a medical
condition that caused the inability to provide a specimen or if the employee
refused to submit to testing.
ii. Specimen Analysis
• Each specimen is screened by the laboratory. If the screening test does not
indicate that drug(s) might be present at or above the cut -off level established
by the Department of Transportation (DOT), the specimen is reported as
negative to the Medical Review Officer (MRO).
• If the screening test indicated drug(s) might be present, the specimen
undergoes confirmatory testing using gas chromatography /mass
spectrometry. Only if the GC/MS test indicates that the specimen is positive
at or above the DOT drug cut -off levels is the result reported as a confirmed
positive to the MRO.
iii. Medical Review Officer
• The MRO is a licensed physician who is responsible for receiving laboratory
results . The MRO has knowledge of substance abuse disorders and
appropriate training to interpret and evaluate a confirmed positive test result.
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81
• Negative laboratory test results are reviewed by the MRO or staff for
administrative purposes (to ensure the documents are complete and accurate),
and subsequently reported to the City as verified negative test results.
• A test result confirmed as positive by the laboratory does not automatically
identify the employee as an illegal drug user. The MRO review is intended to
determine if there is an alternate legitimate medical explanation for the test
result.
• The MRO evaluation can include conducting a medical interview with the
specimen donor, review of the donor's medical history and other biomedical
factors, and review of records made available to the MRO by the donor.
• The MRO or his/her staff must contact the donor to obtain any relevant
medical information. When necessary, the City will assist in contacting the
donor. In most cases, the MRO must talk directly to the donor before
verifying a positive test; however, there are some circumstances under which
the test can be verified as positive without such contact. These are:
V The donor declines to talk to the MRO about the test;
M Neither the MRO nor the City, after making all reasonable efforts, has
been able to contact the employee within 14 days of the date on which the
MRO received the confirmed positive test result from the laboratory;
The City contacted the donor and more than 5 days has passed since the
donor was told to contact the MRO;
us NOTE: If a test is verified positive without contact under the latter 2
circumstances, the donor may present to the MRO information documenting
that serious illness, injury, or other circumstances unavoidably prevented the
employee from being contacted by the MRO or designated employer
representative or from contacting the MRO within the times provided.
• Once the MRO completes the verification process, the result is reported to the
City. A test for which no medical explanation was provided will be reported
as verified positive. If the donor presented an acceptable explanation for the
result, it will be reported as verified negative to the City.
• Under limited circumstances, and only after appropriate warnings have been
given by the MRO to the donor, the MRO may reveal other medical
information about the donor if the MRO feels that safety might be affected by
the donor's condition or drug use.
iv. Split Specimen Analysis
• At the time the MRO tells the donor that the specimen has been confirmed as
positive by the laboratory, the MRO will also advise the donor of the right to
12
82
obtain an analysis of the split specimen at a second laboratory that has been
designated by the City.
• The donor has until 72 hours after the donor has been advised that the MRO
has verified the test as positive to compel the analysis of the split specimen.
• The City will be responsible for the costs of collecting the split specimen and
for analysis of the primary specimen and the split specimen.
• If the split specimen is inadequate or unsuitable for testing, unavailable, or if
it fails to reconfirm the presence of the drug at the level of detection, the
entire test will be canceled.
Alcohol Testing
L Breath Analysis
• All testing is conducted using evidential breath testing devices (EBTs)
operated by trained breath alcohol technicians (BATs).
• The BAT must verify the identification of each employee and must provide
positive identification to the employee on request. The BAT will also explain
the testing process to the employee.
• Each test will begin with a screening test. If the result is below 0.02, the test
result is negative and testing is complete. If the test result is 0.02 or greater, a
confirmation test must be conducted.
• The confirmation test must be conducted after a 15 minute wait (starting from
the time of the screening test) during which the employee is watched and
instructed not to eat, drink, put anything in his or her mouth, or, to the extent
possible, belch. Testing will be conducted even if the employee ignores this
instruction, however.
• The confirmation test result determines the consequences of the test under the
FMCSA regulation.
ii. Invalid Tests
• By regulation, a breath alcohol test is invalid under the following
circumstances:
33 The EBT does not pass its next external calibration check (this invalidates
all test results of 0.02 or greater on tests conducted since the last valid
external calibration test; it does not invalidate negative tests).
The BAT does not observe the minimum 15- minute waiting period prior
to the confirmation test.
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83
V The BAT does not perform an air blank of the EBT before a confirmation
test, or such an air blank does not result in a reading of 0.00.
The BAT does not sign the form.
The BAT fails to note in the "Remarks" section of the form that the
employee has failed or refused to sign the form after the test has been
conducted.
An EBT fails to print a confirmation test result.
V The sequential test number or alcohol concentration displayed on the
EBT is not the same as the sequential test number or alcohol
concentration on the printed result.
a NOTE: If the employee cannot provide adequate breath, he or she must
undergo a medical examination to determine if there is a medical condition
that caused the inability to provide breath or if the employee refused to
submit to testing.
7. SUBSTANCE ABUSE PROGRAM RECORDS
Employee records pertaining to the FMCSA- mandated substance abuse
prevention program, including those pertaining to drug and alcohol testing,
will be maintained in a secure location with controlled access.
• Records will be promptly released to the employee, or a person identified by
the employee (including subsequent employers), upon written request of the
employee. This release of information will not be contingent upon payment
for records other than those specifically requested.
• These records will be released to the Secretary of Transportation upon
request of DOT or FMCSA, and to the National Transportation Safety Board
when requested as part of an accident investigation.
• These records will be released to the employee or a decision maker in a
lawsuit, grievance, or other proceeding initiated by or on behalf of the
individual and arising out of a determination that the employee engaged in
prohibited conduct.
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84
8. CONSEQUENCES FOR VIOLATING THE FMCSA RULES:
Removal From Safety- Sensitive Functions
Covered employees are prohibited from performing safety- sensitive functions if
they have engaged in prohibited conduct under the FMCSA rule or another DOT
agency's substance abuse prevention rule (including refusal to submit to random,
reasonable suspicion, post- accident, or follow -up testing). Employees with a
confirmed positive drug or alcohol test or who refuse to test will be subject to
discipline up to and including termination.
Information Regarding Assistance
Each employee who has engaged in prohibited drug or alcohol use or has
refused to submit to a required test shall be advised of the resources available
for evaluating and assisting the employee in resolving problems associated
with drug or alcohol use.
• This information will include the names, addresses, and telephone numbers
of substance abuse professionals and counseling and treatment programs.
The following sources can also offer assistance:
• Community mental health centers
• Family service agencies
• Private physicians and therapists
• Local hospitals
• Specialized treatment centers for alcoholism and other drug use
• Telephone hotlines, including:
w 1- 800 - ALCOHOL A referral hotline for persons with alcohol problems
w 1- 800 - COCAINE
A referral hotline for persons using cocaine
w 1- 800 - 662 -HELP
A national hotline referral service, Center for
Substance Abuse Treatment, Dept. of Health and Human Services
a 1- 800 -344 -2666
Al -Anon, for family and friends of alcoholics
w 1- 800 - 766 -6779
Marijuana Anonymous referral hotline
1- 818 - 773 -9999
Narcotics Anonymous referral hotline (not toll -free)
1- 212 - 870 -3400
Alcoholics Anonymous World Headquarters (not toll -
free)
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Required Evaluations and Testing
DOT regulations require employees who have tested positive for alcohol or
drugs or refused to test to be referred to a SAP for evaluation and
recommended treatment including follow up testing. Before an employee can
return to performing safety sensitive duties for another employer, they must
complete the provisions of this section. It is the employee's responsibility to
complete these requirements and if not completed may result in discipline up
to and including termination.
No covered employee who has had a verified positive drug test, has violated
the rules on alcohol misuse, or has refused to submit to testing can perform
any safety- sensitive function unless and until that employee has:
1. Been evaluated by a SAP to determine whether the employee is in need of
assistance in resolving problems related to alcohol use.
2. Completed any treatment recommended by the SAP;
3. Been evaluated by a SAP to ensure that the employee has properly
followed the treatment program; and
4. Undergone required return to duty testing.
The SAP must be a licensed physician (medical doctor or doctor of
osteopathy) or licensed or certified psychologist, social worker, employee
assistance professional, or addiction counselor (certified by the ICRC or
NAADACC) with knowledge of and clinical experience in the diagnosis and
treatment of disorders related to alcohol and drug use and abuse.
9. CONSEQUENCE FOR HAVING AN ALCOHOL CONCENTRATION OF
0.02 OR GREATER BUT LESS THAN 0.04
If a covered employee is found to have an alcohol concentration of 0.02 or
greater but less than 0.04, that employee will be immediately removed from
performing safety- sensitive functions and may result in discipline up to and
including termination.
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CERTIFICATE OF RECEIPT
I, the undersigned employee, certify that I have received a copy of policy material on
the misuse of alcohol and use of controlled substances as required by the Federal
Motor Carrier Safety Administration (49 CFR 382.601(d)).
Employee's printed name
Employee's signature
Date
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87
REASONABLE SUSPICION TESTING
CHECKLIST
The following is a listing of a observable behaviors that may be used prior to conducting a reasonable
suspicion test.
Behavioral Observation Checklist
Name of Observed Employee:
Name of Supervisor: Date:
Witness:
Check all those indicators or cues observed in the workplace:
Appearance: Behavior:
Glassy eyes
Yes
No
Slurred speech
Yes
No
Blank stare
Yes
No
Confused speech
Yes
No
Bloodshot eyes
Yes
No
Staggering
Yes
No
Flushed face
Yes
No
Poor coordination
Yes
No
Alcohol smell
Yes
No
Tremors/shakes
Yes
No
Marijuana smell
Yes
No
Seeing things
Yes
No
Altered appearance
Yes
No
Blackouts
Yes
No
Mood: Vigilance/Performance:
Mood changes
Yes
No
Confused
Yes
No
Isolating
Yes
No
Disoriented
Yes
No
Nervousness
Yes
No
Drowsiness
Yes
No
Belligerent
Yes
No
Sleeping
Yes
_
No
Aggressive
Yes
No
Hearing things
Yes
No
Unusually quiet
Yes
No
Seeing things
Yes
No
Unusually talkative
Yes
No
Blackouts
Yes
No
Signature of Supervisor: Date:
Signature of Employee: Date:
BDA Man 2003
INCIDENTMERFORMANCE REPORT
The following is an example of an incident /performance report. Use this report to record
any incidents, workplace performance or workplace behavior problems. In situations where
the circumstances are severe enough to warrant a post- accident or for -cause drug test this
document must be completed within 24 hours of the time the incident occurred and the
testing was initiated.
Employee's name
Time of incident
Describe the incident in detail
Date of incident
Location of Incident
(If additional space is needed please use the back of this page and check here. Yes
Please list all witnesses to the behavior or incident:
Did you discuss the incident/or behavior with the employee? Yes
Remarks:
Signature of Supervisor
Signature of Employee
Signature of Witness
BDA Jan 2003
Date
Date
Date
No _
19
APPENDIX
4
City of El Segundo
CATASTROPHIC LEAVE BANK POLICY
Effective: July 1996 (rev. 2009)
ank ViVit' ' WtlsI?C` ,)Eltlf4'l DiNt .1�F ;' �7i ?i3 *'L'C'Xl•a�tf? 01r, (�t 1tt'1 tlf .t::a7t�t2() ;';'t, �4'.ti.7C'rdldEt YF.
Police 0f1r` eera''A, },yocieition, o ild �u1?'2rL'a.ti','iP,l' ttt?d I 're rfc''," Xr,n41l;iJptoj„{ is ,'IS.ttrL, "iai!'oel. f.IFt_' p/1rMtavu 0 iIfi'
policr is fis allo IV, City en9rltldr 'f'e.a` ilne,' volr!rrtrrr v uption ("/,do I? wilig aporfir fr Xrf.theircal'(. "uInillrrtrd leave time into,
a C alastr'ophie Sick heave liutlb, 13-an i leare lirrurs will h d1.S'rj (! ?r the solepurl7ose, q (X�'SiS1b)I f7('r"U7rf Wt,
frill- tirlac� and jrtrri -Milne erirp Q;„c c'N r' ri da3`,erc'it8��ti! dill Fdr tP cafrretrophic iblues+• or injrrr.t' <rrrzl s't`ill re priire paid
leave tir,'rcl a 'er f?xhra €X,afin all tr'ic'ir" other tat°I_°ramulalela`lcaves. Emplo c e * el %lalt' ftrr trrrz ytS�xl rlr`�t drz,a'rtr'trrte °c
(3.1 1) nueY use c alrrstrr.phic° leare haters to ,a'uppfei eiif to their SDI he u fits+ Mir are 171-oldhiledftirasr usurp;
['t tcr.5frr>I7f11c' Ieavc hours ill Irt'?a q/ S91. Iltc> ilrrew trr 7lti;: It 71rr`t, i, Ito provide r.f`t='Fhfr '�' ;
.. I � � �' ' c'rr„ �.ria,rltF ; ° {T'S cr fi7rrrr r7i
4ti1d7n - ter'rta clasltlrrllrr e reroge " svi le th6! tana'l -'rvo lyd'dJtFrt {'W Wltlir ?r f.'FDrtt3[alt'ti "tt.IFf`'z
I. 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.
II. Eligible Employees for Donation and Program Usage:
A. Any permanent full-time, or part-time city employee may donate to, or make
requests for use of leave bank hours. Employees donating accumulated leave time
must retain a minimum of 100 leave hours AFTER their donation has been made
AND must complete a Catastrophic Leave Time Donation Request Form priorto
donating any accumulated leave time. Employees, or their designated
representative, requesting use of the Leave Bank must complete a Recluest to
Receive Catastrophic Leave Time Form as soon as possible, prior to, or within a
reasonable time frame after a catastrophic illness or injury. Completed forms must
be submitted to the Director of Finance or his /her designee.
B. Forms are available from the Human Resources Department. The Human
Resources Department will maintain all Catastrophic Leave Policy materials.
C. Employees eligible for State Disability Insurance (SDI) may use leave hours as a
supplement to their SDI benefits in order to receive full pay while incapacitated.
Catastrophic Leave Hours may not be used in lieu of SDI benefits and are not
intended to replace SDI benefits, or any other established Long -Term or Short-
Term Disability Insurance (LTD /STD). Employees receiving SDI benefits will be
required to provide a copy of their SDI application and first SDI check to the
Catastrophic Leave Committee, along with their "Request to Receive Catastrophic
Leave Time" form.
Page 1
90
City of El Segundo
REQUEST TO RECEIVE CATASTROPHIC LEAVE TIME
This form is to be completed by eligible city employees who are incapacitated due to a
catastrophic illness or injury, and wish to receive additional leave time in accordance
with the Catastrophic Leave Policy. Utilization of the Catastrophic Leave Bank is
predicated can the requesting employee exhausting all of his/her accumulated leave
balances, and being in need of additional leave time, due to his/her incapacitation. The
purpose of this form is to obtain sufficient information for review and determination by
the Catastrophic Leave Policy Committee. The purpose of this form is NOT to be
intrusive into the person alfprivate issues of the requesting employee. All information is
considered confidential, and will be retained by the Human Resources Department.
Name:
Position:
Date:
Department:
Employment Status:
Permanent Full -Time Permanent Part-Time
I. Please describe why you are requesting use of the Catastrophic Leave Bank,
including specific information as to the nature of your catastrophic illness /injury
(NOTE: Verification of illnesslinjury by a medical professional may be required by the Catastrophic Leave
Committee).
II. How much donated leave time do you estimate you may need?
Ill. Are you eligible for, or are you currently receiving, State Disability Insurance (SDI)?
If "yes," give estimation of leave hours you need to supplement your SDI benefits.
91
SECTION
APPENDIX F
CITY OF EL SEGUNDO
INJURY AND ILLNESS PREVENTION PROGRAM
TABLE OF CONTENTS
DESCRIPTION
INTRODUCTION Program Goals and Responsibilities of Managers,
Supervisors and Employees
1
2
3
4
5
6
7
System for Ensuring Employee Compliance
System for Communicating with Employees and
Description of Health and Safety Committee
Responsibilities
System -for Identifying /Evaluating Hazards
Injury/Illness Investigation Procedures
System for Correcting Unsafe Work Conditions
Training and Instruction Procedures
Emergencies
ATTACHMENT #1 Digest of Senate Bill 198 and Related Regulations
92
CITY OF EL SEGUNDO
INJURY AND ILLNESS PREVENTION PROGRAM
The City of El Segundo is firmly committed to maintaining a safe and healthful working environment. To
achieve this goal, the City has implemented a comprehensive Injury and Illness Prevention Program. This
program is maintained in the Human Resources Division, Administrative Services Department and is available
for your review.
The Injury and Illness Prevention Program herein has been adopted and implemented in compliance with
California Labor Code Section 6401.7 (SB198) and General Industry Safety Order Section 3203. The person
responsible for implementing the program is Bret Plumlee, Director of Administrative Services, Administrative
Services Department. The person named herein shall have authority and responsibility for implementation of
the program including general direction of employee and supervisor training programs and communication;
monitoring and enforcement of employee compliance; evaluation and investigation of accidents and hazards;
conducting and /or monitoring scheduled and periodic inspections; developing methods for abating work place
hazards; and insuring that work place hazards are abated in a timely and effective manner. Certain
corresponding duties herein may be conducted by other members of management or employees at the
direction, and under the supervision of the responsible person above:
MANAGERS
Managers have the responsibility to enforce safety rules. Ineffectively executing their safety responsibilities,
managers will:
1. Familiarize themselves with the safety program and ensure its effective implementation.
2. Be aware of all safety considerations when introducing a new process, procedure, machine or
material to the work place and to provide timely notice of such action to the Human
Resources Division.
3. Give maximum support to all programs and committees whose function is to promote safety
and health.
4. Actively participate in safety committees as required.
5. Review all accidents that involve injury as well as "near misses." They must also ensure that
proper reports are completed and appropriate action is taken to prevent repetition.
6. Encourage employees to report work place hazards, emphasizing that it may be done with
no fear of reprisal, and that it is a basic requirement of the job.
SUPERVISORS
Supervisors are the foundation of the safety program. Their responsibilities will be to:
1. Familiarize themselves with City and department safety policies, programs and procedures.
2. Provide and document complete safety training to employees prior to the assignment of
duties.
3. Consistently and fairly enforce and follow all City and Department safety rules.
4. Investigate all accidents that cause injury (as well as "near misses ") to determine cause, then
take action to prevent repetition.
5. See that all injuries, no matter how minor are treated immediately and referred to the Human
Resources Division, Administrative Services Department.
6. Routinely and on a scheduled basis inspect work areas to detect unsafe conditions and work
practices. Utilize City and Department self- inspection checklists as required for
documentation.
2
93
7. Encourage employees to report work place hazards, emphasizing that it may be done with
no fear of reprisal, and that it is a basic requirement of the job.
EMPLOYEES
Employee responsibilities for safety will include the following:
1. Adhere to all City and Department rules and regulations.
2. Wear appropriate safety equipment required as a condition of employment.
3. Maintain equipment in good condition, with all safety guards in place when in operation.
4. Report all injuries, no matter how minor, immediately to a supervisor.
5. Encourage co- workers to work safely.
Report unsafe acts, work practices, and conditions following the procedures outlined in Part
2 of this Injury and Illness Prevention Program.
All employees of the City are responsible for working safely and maintaining a safe and healthful work
environment. Such responsibility includes keeping work areas neat and clean to reduce the chances of
accidents and injuries. Each employee is responsible for keeping his or her work area neat and orderly. Good
housekeeping is an integral part of any effective safety program. Keeping work areas neat and clean reduces
the chance of accidents and injuries. Well- organized work areas also increase the ability of employees to
perform theirjobs efficiently. Housekeeping inspections will be conducted in each department on a regular
basis.
PART 1: SYSTEM FOR ENSURING EMPLOYEE COMPLIANCE
At the time of initial employment and at other periodic intervals, employees are notified through the employer's
safety handbook and other written communications, verbally and by various other methods that compliance
with established and /or common sense safe and healthy work practices, whether written or unwritten, is a
mandatory condition of employment. Employees who fail to adhere to job safety standards (including
attending all required training) are subject to disciplinary action, including, but not limited to, verbal reprimands,
written warnings, suspension, and discharge. Furthermore, no single disciplinary action shall set a precedent
for any other disciplinary action relating to a safety or health violation that may be perceived to be of a like or
similar nature.
From time -to -time, employees may be recognized for their compliance with safety and health standards and/or
continuation of work without injury or incident by means of special notice or award.
PART 2: SYSTEM FOR COMMUNICATING WITH EMPLOYEES
At the time of initial and at other intervals, employees are notified verbally, through the employers safety
handbook and other written communications, and /or by various other methods of applicable safe work
practices and working conditions, and that all employees have the right and obligation to report any work -
related injury or unsafe condition or hazard without fear of reprisal or threat of job security. Such information
may be submitted using a standard form or otherwise in writing (signed or anonymous), or verbally to the
employee's supervisor or any other member of management, or directly to the appropriate federal, state, or
local governmental agency.
The City Safety and Health Committee will be representative of all City departments and will be made up of
management, supervisors and /or rank and file employees. The Committee will:
1. Meet regularly, but not less than quarterly;
2. Prepare and make available to the affected employees, written records of the safety and
health issues discussed at the Committee meetings and maintained for review for Cal -
OSHA upon request;
3. Review results of the periodic, scheduled worksite inspections;
3 94
4. Review investigations of occupational accidents and causes of incidents resulting in
occupational injury, occupational illness, or exposure to hazardous substances and, where
appropriate, submit suggestions to management for the prevention of future incidents;
5. Review investigations of alleged hazardous conditions brought to the attention of any
Committee member. When determined necessary by the Committee, the Committee may
conduct its own inspection and investigation to assist in remedial solutions;
6. Submit recommendations to assist in the evaluation of employee safety suggestions; and
7. Upon request from CaL -OSHA verifies abatement action taken by the employer to abate
citations issued by CaL -OSHA; and
8. Develop methods, procedures and incentives designed to recognize employees who follow
safe and healthful work practices.
PART 3: SYSTEM FOR IDENTIFYING /EVALUATING HAZARDS
Work place hazards are identified and evaluated through review of information concerning potential safety and
health hazards provided by state and federal occupational safety and health agencies, suppliers and
manufacturers of materials used in operations of the employer (MSDS), and manufacturers of equipment used
by the employer; analysis of the steps involved in the work process and the potential hazards associated
therewith; review of accidents, injuries, and illnesses (including "near misses: and which have occurred in the
work place; reviewing and responding to all health and safety complaints and suggestions from employees;
reviewing of applicable laws and regulation; and regularly scheduled and periodic inspections of the work
place. Inspections are conducted whenever new substances, processes, procedures, or equipment are
introduced that represent an occupational hazard; whenever the employer is made aware of a new or
previously unrecognized hazard, and at other frequencies determined by the level of hazard associated with
the site or process. In addition to scheduled inspections and ongoing review, the Director of Administrative
Services will arrange for unscheduled and unannounced surprise inspections. The list of subjects for these
inspections will be chosen randomly but with particular emphasis placed on previously identified hazardous
conditions in the work place and general housekeeping. Records of inspections, including the date of
inspection, identification of the area or process inspected, person conducting the inspection, findings of the
inspection, and required actions are retained for a minimum period of three years.
Individual records of training, including date of training, type of training, and training providers are retained in
the employee's personnel file for a minimum of three years except for shorter period as otherwise allowed by
law.
All managers, supervisors and employee should also engage in daily, ongoing monitoring and inspection of
their specific work areas.
PART 4: INJURY /ILLNESS INVESTIGATION PROCEDURES
Occupational injuries and illnesses are documented on a comprehensive report of accident and are
investigated by management to determine what tools, equipment, job site or building condition, etc. may have
caused or contributed to the incident; what action of the affected employee caused or contributed to the injury
or illness; and what action has been taken or will be taken to prevent recurrence. In cases where corrective
action is required, specific persons are assigned the responsibility of so doing and follow up is made to assure
that appropriate action has been completed. Standardized forms are used to organize and document the
investigation and completed actions. Copies of all forms are available in the Human Resources Division,
Administrative Services Department.
PART 5: SYSTEM FOR CORRECTING UNSAFE WORKING CONDITIONS
At such time that unsafe or unhealthy conditions, work practices or work procedures are discovered,
employees are removed from the area if applicable because of the level of hazard and appropriate immediate
actions are directed by management to correct the hazard and mitigate the potential damage to person or
property. Procedures include documented investigation of the cause and /or source of the hazard,
4 95
identification of corrective actions needed, assignment of persons responsible for the completion of specific
remedial actions, and follow up for compliance. Training and /or retraining of affected employees is provided
as applicable.
As referenced above if the identified work place hazard involves an imminent risk of significant or substantial
physical injury or death, City policy dictates that steps will betaken to correct the situation immediately. If the
work place hazard does not involve such an imminent risk, corrective actions will be taken as soon as possible
and no later than 15 days after the City or individual becomes aware of its presence.
PART 6: TRAINING AND INSTRUCTION PROCEDURES
At the time of initial employment; when employees are given new job assignments for which training has not
previously been given; when new substances, processes, procedures, or equipment are introduced that
represent a new hazard; when the employer is made aware of a new or previously unrecognized hazard; and
at other intervals designated by management, employees are trained in applicable safe and healthy work
practices in groups or individually through distribution and review of the employer's safety handbook and its
supplements; through other written communications, posters, booklets, etc.; and by various other methods as
applicable to providing instruction in a form readily understandable by the affected employee or group of
employees. Supervisory personnel will also receive training and instruction designed to insure their
familiarization with the work place safety and health hazards to which employees under their direction and
control may be exposed.
Safety or "Tailgate" meetings will be conducted by department managers or supervisors on a regularly
scheduled and as needed basis. During these meetings the manager or supervisor shall discuss with the
employees under his /her direct supervision such issues as new hazards that have been introduced or
discovered in the work place; causes of recent accidents or injuries and the methods adopted by the City to
prevent similar incidents in the future; and any health and safety issue defined by the manager or supervisor to
require discussion and reinforcement. All safety meetings will be documented on the appropriate form.
PART 7: EMERGENCIES
In addition to the City's written Injury and Illness Prevention Program, the City's Police and Fire departments
have written plans related to emergency and disaster preparedness and response, fire prevention, and
environmental and hazardous materials.
5 96
Attachment #1
OSHA DIGEST
DIGEST OF SENATE BILL 198 AND RELATED REGULATIONS
On October 3, 1989, Senate Bill #198 became effective and made several changes to the California Labor
Code dealing with worker safety. The most significant was the requirement for ALL employers to implement a
WRITTEN injury and illness prevention program. The bill required the Cal /OSHA Standards Board to adopt
specific standards regarding criteria to be included in these written programs. The bill amended Labor Code
Section 6401.7 as follows:
6401.7 Injury Prevention Program (Amended October 2, 1989)
(a) Every employer shall establish, implement, and maintain an effective injury prevention program. The
program shall be written and shall include, but not be limited to, the following elements:
(1) Identification of the person or persons responsible for implementing the program.
(2) The employer's system for identifying and evaluating work -place hazards, including
scheduled periodic inspections to identify unsafe conditions and practices.
(3) The employer's methods and procedures for correcting unsafe or unhealthy conditions and
work practices in a timely manner.
(4) An occupational health and safety training program designed to instruct employees in general
safe and healthy work practices and to provide specific instruction with respect to hazards
specific to each employee's job assignment.
(5) The employer's system for communicating with employees on occupational health and safety
matters, including provisions designed to encourage employees to inform the employer of
hazards at the worksite without fear of reprisal.
(6) The employers system for ensuring that employees comply with safe and healthy work
practices, which may include disciplinary action.
(b) The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner
based on the severity of the hazard.
(c) The employer shall train all employees when the training program is first established, all new
employees, and all employees given a newjob assignment, and shall train employees whenever new
substances, processes, procedures, or equipment are introduced to the workplace and represent a
new hazard, and whenever the employer receives notification of a new or previously unrecognized
hazard.
(d) The employers shall keep appropriate records of steps taken to implement and maintain the program.
(e) The standards board shall adopt a standard setting forth the employer's duties under this section, on
or before January 1, 1991, consistent with the requirements specified in subdivision (a), (b), (c), and
(d). The Standards Board, in adopting the standard, shall include substantial compliance criteria for
use in evaluating an employer's injury prevention program. The board may adopt less stringent
criteria for employers with few employees and for employers in industries with insignificant
occupational safety hazards.
(f) The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee
6
97
occupational safety and health committees to be included in the employee's injury prevention program.
The board shall establish criteria for use in evaluating employer and employee occupational safety
and health committees. The criteria shall include minimum duties, including the following:
(1) Review of the employer's (A) periodic, scheduled worksite inspections, (B) investigation of
causes of incidents resulting in injury, illness, or exposure to hazardous substances, and
investigation of any alleged hazardous condition brought to the attention of any committee
member. When determined necessary by the committee, the committee may conduct its own
inspections and investigations.
(2) Upon request from the division, verification of abatement action taken by the employer as
specified in division citations
If an employer's occupational safety and health committee meets the criteria established by
the board, it shall be presumed to be in substantial compliance with paragraph (5) of
subdivision (a).
(g) The division shall adopt regulations specifying the procedures for selecting employee representatives
for employer - employee occupational health and safety committees when these procedures are not
specified in an applicable collective bargaining agreement. No employee or employee organization
shall be held liable for any act or omission in connection with a health and safety committee.
SB #198 also amended other sections of the Labor Code so that every inspection by Cal /OSHA must include
an evaluation of the employer's written injury and illness prevention program and that employers who do not
have an operative program will not be entitled to downward penalty adjustments for serious or non - serious
violations because of a previous "good history" safety record.
General Industry Safety Order
As required by SB #198, the Cal /OSHA Standards Board issued its final administrative regulations on
December 13, 1990 and submitted them to the California Office of Administrative Law (OAL) for approval.
OAL approved the regulations on January 16, 1991. The new regulations adopted by the Standard Board
resulted in the following revision to Section 3203 of the California Code of Regulations, Title 8 (Industrial
Relations). It is the title that establishes the state's General Industry Safety Orders with which employers must
comply.
Section 3203. Injury and Illness Prevention Program
(a) Effective July 1, 1991, every employer shall establish, implement, and maintain an effective Injury and
Illness Prevention Program. The Program shall be in writing and shall, at minimum:
(1) Identify the person or persons with authority and responsibility for implementing the Program.
(2) Include a system for ensuring that employees comply with safe and healthy work practices.
Substantial compliance with this provision includes recognition of employees who follow safe
and healthful work practices, training and retraining programs, disciplinary actions, or any
other such means that ensures employee compliance with safe and healthful work practices.
(3) Include a system for communicating with employees in a form readily understandable by all
affected employees on matters relating to occupational safety and health, including provisions
designed to encourage employees to inform the employer of hazards at the worksite without
fear of reprisal. Substantial compliance with this provision includes meetings, training
programs, posting, written communications, a system of anonymous notification by
employees about hazards, labor /management safety and health committees, or any other
means that ensures communication with employees.
Exception: Employers having fewer than 10 employees shall be permitted to
communicate to and instruct employees orally in general safe work practices
with specific instructions with respect to hazards unique to the employees'
98
job assignment as compliance with (a)(3).
(4) Include procedures for identifying and evaluating workplace hazards including scheduled
periodic inspections to identify unsafe conditions and work practices. Inspections shall be
made to identify and evaluate hazards:
(A) When the Program is first established;
Exception: Those employers having in place on July 1, 1991, a written Injury and Illness
Prevention Program complying with previously existing Section 3203.
(B) Whenever new substances, processes, procedures, or equipment are introduced to
the workplace that represent a new occupational safety and health hazard; and
(C) Whenever the employer is made aware of a new or previously unrecognized hazard.
(5) Include a procedure to investigate occupational injury or occupational illness.
(6) Include methods and /or procedures for correcting unsafe or unhealthy conditions, work
practices and work procedures in a timely manner based on the severity of the hazard:
(A) When observed or discovered: and,
(B) When an imminent hazard exists which cannot be immediately abated without
endangering employee(s) and /or property, remove all exposed personnel from the
area except those necessary to correct the existing condition. Employees necessary
to correct the hazardous condition shall be provided the necessary safeguards.
(7) Provide training and instruction:
(A) When the Program is first established;
Exception: Employers having in place on July 1, 1991, a written Injury and Illness
Prevention Program complying with the previously existing Accident
Prevention Program in Section 3203-
(B) To all new employees;
(C) To all employees given new job assignments for which training has not previously
been received;
(D) Whenever new substances, processes, procedures or equipment are introduced to
the workplace and represent a new hazard;
(E) Whenever the employer is made aware of a new or previously unrecognized hazard;
and,
(F) For supervisors to familiarize them with the safety and health hazards to which
employees under their immediate direction and control may be exposed.
(b) Records of the steps taken to implement and maintaining the Program shall include:
(1) Records of scheduled and periodic inspections required by subsection (a)(4) to identify
unsafe conditions and work practices, including person(s) conducting the inspection, the
unsafe conditions and work practices that have been identified and action taken to correct the
identified unsafe conditions and work practices. These records shall be maintained forthree
(3) years; and
Exception: Employers with fewer than 10 employees may elect to maintain the
inspection records only until the hazard is corrected.
8
99
(2) Documentation of safety and health training required by subsection (a)(7) for each employee,
including employee name or other identifier, training dates, type(s) of training, and training
providers. This documentation shall be maintained for three (3) years.
Exception No. 1: Employers with fewer than 10 employees can substantially comply
with the documentation provision by maintaining a log of
instructions provided to the employee with respect to the hazards
unique to the employees job assignment when first hired or
assigned new duties.
Exception No. 2: Training records of employees who have worked for less than one
(1) year for the employer need not be retained beyond the term of
employment if they are provided to the employee upon termination
of employment.
(c) Employers who elect to use a labor /management safety and health committee to comply with the
communication requirements of subsection (a)(3) of this section shall be presumed to be in
substantial compliance with subsection (a)(d) if the committee:
(1) Meets regularly, but not less than quarterly;
(2) Prepares and makes available to the affected employees, written records of the safety and
health issues discussed at the committee meetings and, maintained for review by the Division
upon request;
(3) Reviews results of the periodic, scheduled worksite inspections;
(4) Reviews investigations of occupational accidents and causes of incidents resulting in
occupational injury, occupational illness, or exposure to hazardous substances and, where
appropriate, submits suggestions to management for the prevention of future incidents;
(5) Reviews investigations of alleged hazardous conditions brought to the attention of any
committee member. When determined necessary by the committee, the committee may
conduct its own inspection and investigation to assist in remedial solutions;
(6) Submits recommendations to assist in the evaluation of employee safety suggestions; and
(7) Upon request from the Division, verifies abatement action taken by the employer to abate
citations issued by the Division
------------------------- - - - - -- SUMMARY
Every employer in California must have an injury and illness prevention program in compliance with SB #198
or be subject to Cal /OSHA fines for regulatory violations of up to $2,000. In summary, the program MUST BE
IN WRITING and identify the person responsible for its implementation. In addition, it must contain the
following elements:
(1) A system to ensure that employees comply with safe practices.
(2) A system for communicating with employees about safety matters and their right to report unsafe work
practices or conditions without fear of reprisal.
(3) A system for identifying and evaluating workplace hazards, including a record keeping system of
periodic inspections, unsafe conditions noted, and corrective actions taken.
(4) A system for investigating occupational injuries and illnesses.
(5) A system for correcting unsafe conditions in timely manner based on the severity of the hazard.
9 100
(6) Training and instruction to employees and supervisors including detailed documentation of such
training.
H:\POLICIESXINJ- ILL.PRN
10 101
APPENDIX G
Environmental Safety Manager - Base Salary
102
RESOLUTION NO.
A RESOLUTION ESTABLISHING A BASIC MONTHLY
SALARY FOR THE JOB CLASSIFICATION OF
ENVIRONMENTAL SAFETY MANAGER
The City Council of the City of El Segundo does resolve as follows:
Section 1: The City Council approves the following basic monthly salary range effective the
payroll period beginning November 3, 2012:
Step A Step B Step C Step Step
Environmental $7768.21 $8156.62 $8564.45 $8992.67 $9442.31
Safety Manager
53S
Section 2: The City Clerk is directed to certify the adoption of this Resolution; record this
Resolution in the book of the City's resolutions; and make a minute of the 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 will remain
effective unless repealed or superseded.
PASSED AND ADOPTED this 6th day of November . 2012.
Carl Jacobson,
Mayor
103
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing Resolution No.
was duly passed and adopted by said City Council, approved and signed by the Mayor, and
attested to by the City Clerk, all at a regular meeting of said Council held on the 6cb day of
November, 2012, 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 6h day of November, 2012.
Tracy Weaver, City Clerk
of the City of El Segundo,
California
(SEAL)
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By:
Karl H. Berger
Assistant City Attorney
104
RESOLUTION NO.
A RESOLUTION FOR PAYING AND REPORTING THE VALUE OF
EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC) FOR THE
SUPERVISORY AND PROFESSIONAL EMPLOYEES' ASSOCIATION
Be it resolved by the Council of the City of El Segundo as follows:
WHEREAS, the City Council of the City of El Segundo has the authority to implement Government
Code Section 20636(c)(4) pursuant to Section 20691;
WHEREAS, the City Council of the City of El Segundo has a written labor policy or agreement
which specifically provides for the normal member contributions to be paid by the employer, and
reported as additional compensation;
WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the
City Council of the City of El Segundo of a Resolution to commence paying and reporting the value
of said Employer Paid Member Contributions (EPMC); pursuant to CCR title 2 section 571(a)(1).
WHEREAS, the City Council of the City of El Segundo has identified the following conditions for
the purpose of its election to pay EPMC:
• This benefit shall apply to all employees of the Supervisory and Professional Employees'
Association.
• This benefit shall consist of Employer paying 4% of the normal member contributions as
EPMC, and reporting the same percent (value) of the compensation earnable (excluding
Government Code Section 20636(c)(4)) as additional compensation.
• The miscellaneous employee will pay 3% of the normal member contributions.
• The safety employee will pay 5% of the normal member contributions.
• The effective date of this Resolution shall be November 3, 2012.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of El Segundo elects
to pay EPMC, as set forth above.
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 the adoption of the Resolution in
the City Council's records and the minutes of this meeting.
PASSED AND ADOPTED this 6th day of November , 2012.
Carl Jacobson,
Mayor
105
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing Resolution No.
was duly passed and adopted by said City Council, approved and signed by the Mayor, and
attested to by the City Clerk, all at a regular meeting of said Council held on the 6tn day of
November, 2012, and the same was so passed and adopted by the following vote:
Kwa-111
NOES:
ABSENT:
ABSTAIN:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 6 day of November, 2012.
Tracy Weaver, City Clerk
of the City of El Segundo,
California
(SEAL)
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By:
Karl H. Berger
Assistant City Attorney
106
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107
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
10/04/12 THROUGH 10/25/12
Date
Pafee
Amount
Description
10/4/2012
Cal Pers
100,317.10
_
EFT Retirement Misc
10/4/2012
Cal Pers
230,091.95
EFT Retirement Safety
10/4/2012
Cal Pers
300.00
EFT Admin Fee
1011012012
Health Comp
1,759.63
Weekly claims
10/10/2012
West Basin
1,841,489.68
H2O payment
10/11/2012
Employment Development
51,252.61
State Taxes
10/11/2012
Employment Development
3,481.63
State Taxes
10/11/2012
IRS
221,507.79
Federal Taxes
1011212012
State of CA EFT
2,014.24
EFT Child support payment
10/12/2012
Manufacturers & Traders
792.31
IRA payment Vantagepoint
10/12/2012
Manufacturers & Traders
4,466.54
401 payment Vantagepoint
1011212012
Manufacturers & Traders
20,903.53
457 payment Vantagepoint
1011212012
South Bay Credit Union
15,525.38
Payroll credit union deduction pmt
1011212012
Nationwide NRS EFT
2,014.24
EFT 401a payment
1011212012
Nationwide NRS EFT
33,851.10
EFT 457 payment
10/12/2012
US Bank - Trust Acct
7,118.28
PARS payment
10/17/2012
Lane Donovan Golf Ptr
21,027.17
Payroll Transfer
10/18/2012
Cal Pers
100,086.15
EFT Retirement Misc
1011812012
Cal Pers
233,851.93
EFT Retirement Safety
10/18/2012
Health Comp
1,825.07
Weekly claims
10/25/2012
Employment Development
49,470.17
State Taxes
10/25/2012
Employment Development
3,370.63
State Taxes
10/25/2012
IRS
219,222.85
Federal Taxes
10/5 - 10/25/12
Workers Comp Activity
59,491.07
SCRMA checks issued
3,225,231.05
DATE OF RATIFICATION: 11106/12
TOTAL PAYMENTS BY WIRE:
3,22_5,231.05
Certified as to the accuracy of the wire transfers by:
1
DeputV City Trk6surer
Date
Direct r of Fi apce Date
City Man er Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
108
PXity "treasurer \Wire Transfers\2012 \Wire 2012 4th quarter \Wire Transfers 10 -25 -12
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, October 16, 2012 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER — Mayor Jacobson at 5:00 PM
ROLL CALL
Mayor Jacobson -
Present
Mayor Pro Tern -
Present
Council Member Fisher -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
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.
Mayor Jacobson announced that Council would be meeting in closed session pursuant
to the items listed on the agenda.
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- matter
City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279
Willmore vs. City of El Segundo, LASC Case No. YC067196
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- matter.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2012
PAGE NO. 1
109
Initiation of litigation pursuant to Government Code §54956.9(c): -2- 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): -1-
matters
Represented Group: Supervisory and Professional Employees Association (SPEA)
Negotiator: Greg Carpenter, City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
Adjournment at 6:33 PM
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2012
PAGE NO.2
110
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 16, 2012 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Jacobson at 7:00 PM
INVOCATION — Lee Carlile, Pastor— United Methodist Church
PLEDGE OF ALLEGIANCE — Council Member Fisher
PRESENTATIONS
a) Presentation by LAEDC to the Mayor and Council from the County Board of
Supervisors. Barbara Voss and Carrie Rodgers spoke on behalf of the LAEDC.
Ted Shove, Economic Development, shared a video on El Segundo.
ROLL CALL
Mayor Jacobson -
Present
Mayor Pro Tem -
Present
Council Member Fisher -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
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. None
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MOTION by Council Member Fellhauer, SECONDED by Council Member Fisher 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)
C. UNFINISHED BUSINESS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2012
PAGE NO.3
111
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.
Approved Warrant Numbers 2589412 - 2589673 on Register No. 1 in the total
amount of $2,441,215.36 and Wire Transfers from 9/14/2012 through 10/04/2012
in the total amount of $2,338,443.82. 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.
2. Approved Regular City Council City Council Meeting Minutes of October 2, 2012.
3. Adopted Resolution No. 4794 for installation of fiber optic cable to the city
facilities West of Sepulveda Boulevard, Project No. PW 12 -08 and authorized the
City Manager to solicit for bids. Approved Capital Improvement Project.
(Fiscal Impact: $225,000.00)
4. Approved request for the El Segundo Police Department to accept and expend
grant funds provided by the California Office of Traffic Safety (OTS) University of
California, Berkley "Sobriety Checkpoint Grant."
(Fiscal Impact: $16,000.00 from OTS Grant Fund)
5. Approved the removal of directional traffic barriers on Holly Avenue at
Washington Street and Kansas Street
(Fiscal Impact: None)
6. Waived bidding requirements per ESMC § 1 -7 -11 and authorized the purchase of
sixteen (16) Panasonic Toughbook MDC's and related accessories from the
SBRPCA using equipment replacement funds.
(Fiscal Impact: $87,910.00)
7. Waived bidding requirements per ESMC § 1 -7 -11 and authorized the City
Manager to execute such documentation, Contract No. 4330, in a form approved
by the City Attorney, needed to use State of California contract for Fleet Fuel
Cards with U.S. Bank/Voyager Fleet Card Services Systems Inc. ( "Voyager")
(Fiscal Impact: Included in Adopted Budget)
8. Awarded Contract No. 4335 to Karabuild Development, Inc for construction of 30
homes related to Project No. RSI 12 -09 (Group 46 of the City's Residential
Sound nstallation Program). Authorized the City Manager to execute a contract in
a form approved by the City Attorney.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2012
PAGE NO.4
112
(Fiscal Impact: Estimated construction costs and retention $1,051,600.00)
9. Granted Omar Taha Construction's request to withdraw its bid due to a
mathematical error in accordance with Public Contract Code Section 5101.
(Fiscal Impact: None)
MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Fuentes to
approve Consent Agenda items 1, 2, 3, 4, 5, 6, 7, 8, and 9. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
NEW BUSINESS
REPORTS — CITY MANAGER — Announced trial program of Dial -a -Ride service to
Doctor appointments.
REPORTS — CITY ATTORNEY - None
REPORTS — CITY CLERK - None
REPORTS — CITY TREASURER - None
REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer — Attended League of California Cities meeting and
Independent Cities Association meeting.
Council Member Atkinson — Attended the 14th Annual West Basin Water Harvest.
Council Member Fisher — None
Mayor Pro Tern Fuentes — Thanked LAEDC for recognizing El Segundo. Attended
Legislative Breakfast and Quarterly Small Business and Job Creation Citizens Job
Creation Advisory Committee meeting, and South Bay Council of Governments
meeting. Commended the El Segundo Police Department and ROAD on their Drug
Identification training at the High School.
Mayor Jacobson — Spoke on Consent Item 5 regarding the removal of directional traffic
barriers on Holly Avenue and Washington and Kansas Streets.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2012
PAGE NO.5
113
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. None
MEMORIALS — None
CLOSED SESSION - None
ADJOURNMENT at 7:19 PM
Tracy Weaver, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2012
PAGE NO. 6
114
EL SEGUNDO CITY COUNCIL MEETING DATE: November 6, 2012
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the close out of the Urban Areas Security Initiative
( "UASI ") grant for Program Year 2008, and related contract amendment. (Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to sign a Supplemental Agreement with the City of Los Angeles
who serves as grant administrator for the UASI 2008 grant program;
2. Alternatively, discuss and take other action related to this item.
First Supplemental to Agreement Number C- 116739
FISCAL EVIPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Lisa LeCates, Sr. Management lyst�
REVIEWED BY: Kevin S. Smith, Fire Chief '�
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The Urban Areas Security Initiative grant program provides federal grant funds through the
Department of Homeland Security, Office of Grants and Training. Eligible fire department
projects are applied for through the Los Angeles Area Fire Chiefs group, with the goal of
funding programs that benefit the region.
In 2007 and 2008, the City accepted grant funding under the UASI 2006 program for breathing
equipment and Urban Search and Rescue (USAR) training. In 2009, the City accepted grant
funding through the UASI 2008 program for additional breathing equipment and training. Under
the 2008 grant, the El Segundo Fire Department was able to: 1) outfit remaining uniformed
personnel with the same state -of -the -art breathing equipment purchased under the 2006 grant
program, 2) send more members to complete their USAR training certifications, 3) have a
Captain on each shift trained in the region's Terrorism Liaison Officer program, and 4) secure
additional breathing equipment called Rapid Intervention Team packs for rescuing a downed
firefighter.
The City of Los Angeles, who serves as grant administrator for the region, has submitted a
contract amendment to each of the sub- recipients of the UASI 2008 grant. This amendment
finalizes the close -out date of the grant, and documents the dollars spent. Staff has reviewed the 4
115
Supplemental Agreement and recommends execution of the agreement to close out the 2008
UASI grant program.
116
FIRST AMENDMENT TO CONTRACT NUMBER C- 116739 OF
CITY OF LOS ANGELES CONTRACT
BETWEEN
THE CITY OF LOS ANGELES
AND
THE CITY OF EL SEGUNDO
THIS FIRST AMENDMENT to Contract Number C- 116739 ( "First Amendment ")
is made and entered into by and between the City of Los Angeles, a municipal
corporation (the "City "), and the City of El Segundo, a municipal corporation (the
"Subgrantee" or "Subrecipient ").
WITNESSETH
WHEREAS, the City and the Subrecipient entered into that certain City of Los
Angeles Contract Number C- 116739 (the "Agreement ") related to the Fiscal Year 2008
Urban Areas Security Initiative Grant ( "UASI 08 "), whereby the City agreed to disburse
UASI 08 grant funds to the Subrecipient in accordance with the UASI 08 approved
budget and Subrecipient agreed to use the grant funds to address the unique planning,
equipment, training, organization and exercise needs of the area, to assist in building an
enhanced and sustainable capacity to prevent, protect against, respond to, and recover
from threats or acts of terrorism, such Agreement having a term of October 22, 2008
through February 28, 2011 with an allocation of UASI 08 grant funds to the Subrecipient
in the amount of One Hundred Fifty -Eight Thousand, Four Hundred Eighty -Six Dollars
($158,486.00), and the execution of said Agreement having been authorized by the Los
Angeles City Council (C.F. #08 -0901, 3/31/09, 7/22/09); and
WHEREAS, on or about April 21, 2011, the California Emergency Management
Agency ( "CaIEMA ") approved a reallocation of UASI 08 Funds such that Subrecipient's
UASI 08 funding was decreased in the amount of Thirty -Eight Thousand, Eight Hundred
Fifty Dollars ($38,850.00) and reallocated to the City of South Pasadena for the
purchase of interoperable communications equipment and SCBA equipment (the
" Interoperability Modification "), such Interoperability Modification having been approved
by the Los Angeles City Council (C. F. #08 -0901, 11/16/11); and
WHEREAS, on or about June 3, 2011, CaIEMA extended the performance period
deadline for UASI 08 from May 31, 2011 to November 30, 2011 (the "Grant Extension "),
such Grant Extension having been approved by the Los Angeles City Council (C.F. #08-
0901, 11/16/11); and
WHEREAS, on or about August 23, 2011, CaIEMA approved a reallocation of the
UASI 08 funds such that Subrecipient's UASI 08 funding was decreased in the amount
of Thirty -Nine Thousand, Six Hundred Forty -One Dollars ($39,641.00) and reallocated
to the City of Santa Monica for the purchase of Urban Search and Rescue ( "USAR ")
equipment and a contingency project ( "USAR Modification "), such USAR Modification
having been authorized by the Los Angeles City Council (C.F. #08 -0901, 11/16/11); and
First Amendment, UASI 08
City of Los Angeles and City of El Segundo
117
WHEREAS, at the end of the applicable performance period deadline for UASI
08, Subrecipient had not expended Three Thousand, Three Hundred Twenty -Seven
Dollars ($3,327.00) (the "Cost Savings ") of its allocated UASI 08 funds and, such Cost
Savings amount being deemed a cost savings, Subrecipient's UASI 08 grant allocation
was decreased by the Costs Savings resulting in a total allocated amount of UASI 08
funds to Subrecipient of Seventy -Six Thousand, Six Hundred Sixty -Eight Dollars
($76,668.00), such Cost Savings modification having been authorized under Section
14.8 of the Los Angeles Administrative Code ( "Section 14.8 "); and
WHEREAS, Section 505 of the Agreement provides for amendments to the
Agreement; and
WHEREAS, the City, through its Office of the Mayor, Office of Homeland
Security and Public Safety ( "Mayor's Office "), which has been designated by the City to
administer the Agreement and the projects contemplated therein, and the Subrecipient
each desires to enter into this First Amendment for the purpose of amending and /or
modifying the Agreement to (a) modify Subrecipient's UASI 08 funding under the
Agreement to reflect the Interoperability Modification, the USAR Modification and the
Cost Savings, (b) extend the term of the Agreement to November 30, 2011 in
accordance with the Grant Extension and (c) make such other changes as are required
in connection with the foregoing, all as detailed elsewhere in this First Amendment and
as authorized by the Los Angeles City Council and Section 14.8; and
WHEREAS, this First Amendment is necessary and proper to continue and /or
complete certain activities authorized under the Agreement.
NOW, THEREFORE, the City and Subrecipient hereby covenant and agree that
the Agreement be amended effective February 27, 2011 as follows:
Section 201 of the Agreement entitled "Time of Performance" is hereby
amended in its entirety to read as stated within the quotation marks in the
following paragraph:
"The term of this Agreement shall commence on October 22,
2008 and end November 30, 2011 and any additional period of time as is
required to complete any necessary close out activities. Said term is
subject to the provisions herein."
2. Paragraph A of Section 301 of the Agreement entitled "Payment of Grant
Funds and Method of Payment" is hereby amended in its entirety to read
as stated within the quotation marks in the following paragraph:
"The City of Los Angeles shall disburse to City of El Segundo the grant
amount of Seventy -Six Thousand, Six Hundred Sixty -Eight Dollars
($76,668.00) ( "Grant Amount ") to be used for purchase of equipment,
planning, exercises, organizational activities, and training as described in
First Amendment, UASI 08
City of Los Angeles and City of El Segundo
118
Section 202 above. Such Grant Amount represents the amount allocated
to City of El Segundo in the FY 08 UASI grant and budget, as may be
amended."
Such amendment decreases the original allocation under the Agreement
to reflect the Interoperability Modification, USAR Modification and Cost
Savings.
3. Except as herein amended or modified, all terms and conditions of the
Agreement shall remain unchanged and in full force and effect by way of
this First Amendment.
4. Due to the need for Subrecipient's services to be provided continuously on
an ongoing basis, Subrecipient may have provided services prior to the
execution of this First Amendment. To the extent that said services were
performed in accordance with the terms and conditions of this First
Amendment, those services are hereby ratified.
5. This First Amendment may be executed in one or more counterparts, each
of which will be deemed an original, but all of which together will constitute
one and the same instrument. This First Amendment includes four (4)
pages which constitute the entire understanding and agreement of the
parties with respect to the matters set forth herein.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the City and Subrecipient have caused this First
Amendment to be executed by their duly authorized representatives.
First Amendment, UASI 08
City of Los Angeles and City of El Segundo
119
APPROVED AS TO FORM AND LEGALITY:
For:
THE CITY OF LOS ANGELES
CARMEN A. TRUTANICH, City Attorney
ANTONIO R. VILLARAIGOSA, Mayor
By
By
Deputy City Attorney
Antonio R. Villaraigosa, Mayor
Date
Date
Homeland Security and
Public Safety, Mayor's Office
ATTEST:
JUNE LAGMAY, City Clerk
By
Deputy City Clerk
Date
APPROVED AS TO FORM:
For:
The City of EI Segundo,
a municipal corporation
By
By
City Attorney
Date
Date
ATTEST:
[SEAL]
By
City Clerk
Date
City Business License Number:
Internal Revenue Service ID Number:
Council File /OARS File Number:
City Contract Number
First Amendment, UASI 08 4
City of Los Angeles and City of El Segundo
Date of Approval
120
EL SEGUNDO CITY COUNCIL MEETING DATE: November 6, 2012
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a Resolution to approve a Youth Employment
Plan in accordance with the Los Angeles County Regional Park and Open Space
District's Procedural Grant Guide for Youth Employment Policy. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Adopt Resolution.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Draft Resolution
FISCAL IMPACT: None
Amount Budgeted: $N /A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Vina Ramos, Administrative Analyst 0-
REVIEWED BY: Bob Cummings, Director of Recreation and Parks
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
On August 16, 2011, Resolution No. 4730 was adopted to authorize the City Manager to apply
for, receive and appropriate grant funds of $150,000 from the Los Angeles County Regional Park
and Open Space District ( RPOSD) Excess Funds Grant Program. Grant appropriations were
approved for the Recreation Parks Rehabilitation Project, which includes refurbishment of
courts, replacement of park fencing, and upgrade of court lights. The City received the fully
executed Project Agreement from RPOSD and in August of 2012, refurbishment of courts and
replacement of park fencing were completed by hired contractors.
Before receiving any reimbursements for the completed projects, the RPOSD advised the
Recreation and Parks Department that a Youth Employment Plan must be adopted (even if the
plan is to not employ youth). According to the Procedural Grant Guide for Youth Employment
Policy, youth from the community may be employed for tasks that can be performed by youth. If
applicable, the City must give first priority to the employment of at -risk youth and allocate ten
percent of the total grant amount for at -risk youth employment.
W_.J
121
Due to the nature of the Recreation Park Rehabilitation Project, licensed contractors, skilled
laborers and construction equipment are required to complete the work. While the Recreation
and Parks Department regularly employs over 100 youth, participates in Youth Community
Programs and Eagle Scouts projects, staff has determined that it is not feasible to utilize youth
for this project.
To comply with the RPOSD's requirements, staff recommends the City Council to adopt a
Resolution that at -risk youth will not perform any part of the construction and development of
the Recreation Park Rehabilitation Project.
122
RESOLUTION NO.
A RESOLUTION APPROVING THE ADOPTION OF A YOUTH
EMPLOYMENT PLAN FOR THE LOS ANGELES COUNTY REGIONAL
PARK AND OPEN SPACE DISTRICT (EXCESS FUNDS) GRANT
PROGRAM FOR RECREATION PARK REHABILITATION GRANT NO.
58132 -12 -2268
The City Council of the city of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The people of County of Los Angeles on November 3, 1992 and on November 5,
1996, enacted Los Angeles County Proposition A, Safe Neighborhood Parks,
Gang Prevention, Tree - Planting, Senior and Youth Recreation, Beaches and
Wildlife Protection (the Propositions), which, among other uses, provides funds to
public agencies and nonprofit organizations in the County for the purposes of
acquiring and/or developing facilities and open space for public recreation; and
B. The District's procedures require the City to adopt, by resolution, a Youth
Employment Plan at a duly noticed public meeting; and
C. The City certifies, through this resolution, that the attached Youth Employment
Plan is approved for submission to the District.
SECTION 2: The City Clerk is directed to certify the adoption and record this
Resolution in the book of the City's original resolutions; and make a minute of the
adoption of the Resolution in the City Council's records and the minutes of this meeting.
SECTION 3: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 6t" day of November, 2012.
Carl Jacobson,
Mayor
Page 1 of 2 123
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Tracy Weaver, City Clerk of the City of El Segundo, California, hereby certify that the
whole number of members of the City Council of the City is five; that the foregoing
Resolution No. — was duly passed and adopted by said City Council, approved
and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a
regular meeting of said Council held on the 431h day of November, 2012, and the same was
so passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger
Assistant City Attorney
Page 2of2
124
CITY OF EL SEGUNDO
YOUTH EMPLOYMENT PLAN
RECREATION PARK REHABILITATION PROJECT
GRANT NO. 58D2 -12 -2268
Background:
The City of El Segundo received funds pursuant to the Safe Neighborhood Park
Propositions (Proposition A) of 1992 and 1996 to fund the above named project.
The project includes refurbishment of recreation courts, replacement of park
fencing, and upgrade of court lights.
Youth EmjRloyment Plan:
The nature of this project requires skilled laborers; therefore youth will not
perform any part of the construction and development of this project.
Estimated Cost of Youth Employment:
The cost of youth employment is not applicable to this project.
1 of 1
125
EL SEGUNDO CITY COUNCIL MEETING DATE: November 6, 2012
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to authorize the City Manager to sign and enter into an
agreement, reviewed by the City Attorney, with the American Red Cross to use the
Joslyn Community Center and the Gordon Clubhouse facilities as emergency shelters in
the event of a disaster in El Segundo. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to sign and enter into an agreement, reviewed by the City
Attorney, with the American Red Cross to use the Joslyn Community Center and the
Gordon Clubhouse facilities as emergency shelters in the event of a disaster in El
Segundo;
2. Alternatively, discuss and take other actions related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. American Red Cross Shelter Agreement Facility List
2. Facility List
FISCAL IMPACT: None
Amount Budgeted: None
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kevin S. Smith, Fire Chief
REVIEWED BY: Kevin S. Smith, Fire Chief
APPROVED BY: Greg Carpenter, City Manage
ECL
BACKGROUND AND DISCUSSION:
The City of El Segundo has made disaster preparedness within the community a priority. To that
end, the City's Council; Disaster Council; and staff are continually seeking opportunities to
improve the City's overall preparedness to respond to and recover from potential disasters.
There is a need for approved emergency shelters in the community. The American Red Cross
(ARC) is known to be the authority in approving and establishing shelters. Staff has recently
coordinated a meeting between the El Segundo Unified School District and the ARC which
resulted in an agreement between the two agencies that allows the ARC to use two school
facilities as emergency shelters for the benefit of the community in a disaster. The need for
emergency shelters could potentially far out weigh the capacity of the two facilities owned by the
school. Therefore, staff recommends that the City of El Segundo enter into an agreement with
the ARC to allow the use of the Joslyn Community Center and the Gordon Clubhouse as
emergency shelter facilities. There is no fiscal impact to the City of El Segundo for entering into
an agreement to allow the use of the City facilities. However, the agreement does stipulate that
126
the ARC may request that the City make its custodial resources, including supplies and custodial
workers, available to provide cleaning and sanitation services at the shelter if these resources are
available.
127
American Red Cross
Shelter Agreement
The American National Red Cross ( "Red Cross "), a not- for - profit corporation chartered by the
United States Congress, provides services to individuals, families and communities when disaster
strikes. The disaster relief activities of the Red Cross are made possible by the American public,
as the organization is supported by private donations and facility owners who permit their
buildings to be used as a temporary refuge for disaster victims. This agreement is between the
Red Cross and a facility owner ( "Owner ") so the Red Cross can use the facility as an emergency
shelter during a disaster.
DR #: Facility:
Owner:
Parties and Facility
Legal name: City of El Segundo
Chapter:
24 -Hour Point of Contact:
Name and title
Work phone
Address for Legal Notices:
350 Main Street, El Seq
Red Cross:
Grelc. Carpenter, City Manager
310 - 524 -2301 Cell phone /pager: 310 - 261 -1910
undo, CA 90245
Legal name: The American National Red Cross
Chapter: Los Angeles Region
24 -Hour Point of Contact:
Name and title: After Hours Unit: Ask for Chapter Disaster Duty Officer
Work phone: 855 - 891 -7325 Cell phone /pager:
Address for Legal Notices:
11355 Ohio Ave., Los Angeles, CA 90025
Copies of legal notices must also be sent to:
The American National Red Cross, Office of the General Counsel,
2025 E Street, NW, Washington DC 20006
and
The American National Red Cross, Disaster Operations,
2025 E Street NW, Washington, DC 20006.
Shelter Facility:
(Insert name and complete street address of building or, if multiple buildings, write "See attached
Facility List' and attach Facility List including complete street address of each building that is part of
this Agreement).
See attached facility list.
1 Rev. 12 -07
128
Term's and Conditions
1. Use of Facility: Upon request and if feasible, the Owner will permit the Red Cross to use the
Facility on a temporary basis as an emergency public shelter._
2. Shelter Management: The Red Cross will have primary responsibility for the operation of the
shelter and will designate a Red Cross official, the Shelter Manager, to manage the sheltering
activities. The Owner will designate a Facility Coordinator to coordinate with the Shelter Manager
regarding the use of the Facility by the Red Cross,
3. Condition of Facilit : The Facility Coordinator and Shelter Manager (or designee) will jointly
conduct a pre- occupancy survey of the Facility before it is turned over to the Red Cross. They
will use the first page of the FacilitylShelter OtaeninalClosing Form, available on'CrossNet, to
record any existing damage or conditions. The Facility Coordinator will identify and secure all
equipment that the Red Cross should not use while sheltering in the Facility. The Red Cross will
exercise reasonable care while using the Facility as a shelter and will make no modifications to
the Facility without the express written approval of the Owner.
4. Food Services: Upon request by the Red Cross, and if such resources exist and are
available, the Owner will make the food service resources of the Facility, including food, supplies,
equipment and food service workers, available to feed the shelter occupants. The Facility
Coordinator will designate a Food Service Manager to coordinate the provision of meals at the
direction of and in cooperation with the Shelter Manager. The Food Service Manager will
establish a feeding schedule, determine food service inventory and needs, and supervise meal
planning and preparation. The Food Service Manager and Shelter Manager will jointly conduct a
pre- occupancy inventory of the food and food service supplies in the Facility before it is turned
over to the Red Cross.
5. Custodial Services: Upon request by the Red Cross and if such resources exist and are
available, the Owner will make its custodial resources, including supplies and custodial workers,
available to provide cleaning and sanitation services at the shelter. The Facility Coordinator will
designate a Facility Custodian to coordinate the provision of cleaning and sanitation services at
the direction of and in cooperation with the Shelter Manager.
6. Security: In coordination with the Facility Coordinator; the Shelter Manager, as he or she
deems necessary and appropriate, will coordinate with law enforcement regarding any public
safety issues at the Shelter.
7. Signage and Publicity: The Red Cross may post signs identifying the shelter as a Red Cross
shelter in locations approved by the Facility Coordinator and will remove such signs when the
shelter is closed. The Owner will not issue press releases or other publicity concerning the
shelter without the express written consent of the Shelter Manager. The Owner will refer all
media questions about the shelter to the Shelter:Mahager.
8. ' Closing the Shelter; The Red Cross will notify the Owner or Facility Coordinator of the closing
date for the shelter. Before the Red Cross vacates the Facility, the Shelter Manager and Facility
Coordinator will jointly conduct a post- occupancy survey, using the second page of the
Shelter /Facility Opening /Closing Form to record any damage or conditions. The Shelter Manager
and Facility Coordinator or Food Service Manager will conduct a post- occupancy inventory of the
food and supplies used during the shelter operation.
9. Reimbursement: The Red Cross will reimburse the Owner for the following:
a. Damage to the Facility or other property of Owner, reasonable wear and tear excepted,
resulting from the operations of the Red Cross. Reimbursement for facility damage will
be based on replacement at actual cash value. The Red Cross will select from among
2 Rev. 12 -07 129
bids from at least three reputable contractors. The Red Cross is not responsible for
storm damage or other .damage caused by the disaster.
b. Reasonable costs associated with custodial and food service personnel which would not
have been Jnc.urred but for the Red Cross's use -of the Facility for sheltering. The Red
Cross Will reimburse at.per -hour, straightAime rate for wages actually incurred tiut will not
reimburse for -(i) overtime or -(ii) costs _of salaried staff.
c. Reasonable, actual, out -of- pocket operational costs, including_ the costs of the, utilities
indicated below, to the extent that such costs would not have been incurred but for the
Red Cross's use of the Premises (both parties must initial all utilities to be reimbursed by
the Red Cross):
Owner initials Red Cross initials
Water
Gas
Electricity
Waste Disposal
The Owner will submit any request for reimbursement to the Red Cross within 60 days after the
shelter closes. Any request for reimbursement for food, supplies or operational costs must be
accompanied by supporting invoices. Any request for reimbursement for personnel costs must
be accompanied by a list of the personnel with the dates and hours worked at the shelter.
10. Insurance: The Red Cross shall carry insurance coverage in the amounts of at least
$1,000,000 per occurrence for Commercial General Liability and Automobile Liability. The Red
Cross shall also carry Workers' Compensation coverage with statutory limits for the jurisdiction
within which the facility is located and $1,000,000 in Employers' Liability.
11. Indemnification: The Red Cross shall defend, hold harmless, and indemnify Owner against
any legal liability, including reasonable attorney fees, in respect to bodily injury, death and
property damage arising from the negligence or wrongful acts of the Red Cross during the use of
the Premises.
12. Term: The term of this agreement begins on the date of the last signature below and ends 30
days effter written notice by either party.
13. Compliance with Law: RED CROSS will, at its sole cost and expense, comply with all of the
requirements of all federal, state, and local authorities now in force, or which may hereafter be in
force, pertaining to Red Cross's -use of Property and will faithfully observe in the use of Property
all applicable laws. The judgment of any court of competent jurisdiction, or the admission of RED
CROSS in any action or proceeding against RED CROSS, whether OWNER be a party thereto or
not, that RED CROSS has violated any such ordinance or statute in the use of Property will be
conclusive of that fact as between OWNER and RED CROSS.
14. Acceptance of Facsimile or Electronic Signatures: The Parties agree that agreements
ancillary to this License and related documents to be entered into in connection with this License
will be considered signed when the signature of a party is delivered by facsimile or electronic
transmission. Such facsimile or electronic signature will be treated in all respects as having the
same effect as an original signature.
15. Governing Law: This License has been made in and will be construed in accordance with the
laws of the State of California and exclusive venue for any action involving this License will be in
Los Angeles County.
Rev. 12 -07 130
16. Partial Invalidity: Should any provision of this License be held by a court of competent
jurisdiction to be either invalid or unenforceable, the remaining provisions of this License will
remain in effect., unimpaired by the holding.
17. Entire Agreement: This instrument and its Attachments constitute the sole agreement
between OWNER and RED CROSS respecting Property, the use of Property by RED CROSS,
and the specified License term, and correctly sets forth the obligations of OWNER and RED
CROSS. Any agreement or representations respecting Property or its licensing by OWNER to
RED CROSS not expressly set forth in this instrument are void.
18. Construction: The language of each part of -this License will be construed simply and
according to its fair meaning, and this License will never be construed either for or against either
party.
19. Authority /Modification: The Parties represent and warrant that all necessary action has been
taken by the Parties to authorize the undersigned to execute this License and to engage in the
actions described herein. This License may be modified by written agreement. OWNER's
OWNER manager, or designee, may execute any such amendment on behalf of OWNER.
20. Counterparts: This License may be executed in any number or counterparts, each of which
will be an original, but all of which together will constitute one instrument executed on the same
date.
CITY OF EL SEGUNDO
Owner (legal name)
By (signature)
Greg Carpenter
Name (printed)
City Manager
Title
Date
THE AMERICAN NATIONAL RED CROSS
(legal na e)
By (sigkn re)
Scott Underwood
Name (printed)
Director, Emergency & Disaster Response
Title
Date 1 a! 19 L 0
4 Rev. 12 -07
131
Facility List
1. Joslyn Community Center
339 Sheldon St.
El Segundo, CA 90245
2. Gordon Clubhouse
300 Pine Ave.
El Segundo, CA 90245
Rev. 12 -07
132
EL SEGUNDO CJTY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: November 6, 2012
AGENDA HEADING: Consent Agenda
Consideration and possible action to receive and file this report regarding the emergency
repair of the fuel pumps at the Maintenance Yard. (Fiscal Impact: $1,158.68)
RECOMMENDED COUNCIL ACTION:
1. Receive and file this report regarding the emergency repair of the fuel pumps at the
Maintenance Yard.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $1158.68
Additional Appropriation: N/A Funds Available in the Government Buildings
Maintenance Budget
Account Number(s): 001 - 400 - 2601 -6215 (Government Buildings Budget: Repair and
Maintenance)
ORIGINATED BY: Ron Fajardo, General Services Manager
REVIEWED BY: Stephanie Katsouleas, Public Works Directo
APPROVED BY: Greg Carpenter, City Manager -9L
BACKGROUND AND DISCUSSION:
On August 28, 2012, two of the unleaded fuel pumps at the Maintenance Yard became
inoperable and stopped dispensing fuel. Due to the need to provide fuel for City's extensive fleet
of vehicles, including police and fire, it was determined that an emergency repair was needed
and could be performed by a company that specializes in pump repairs to restore operations
quickly. Fleming Environmental was called out and subsequently diagnosed that a bad pressure
relief check valve and electrical wire were the causes of the problem. The service technician
repaired both items, performed testing of the repairs, and restored the operation of the fuel
pumps. On September 9, 2012, a second repair was needed due to a snagged the fuel nozzle on
one of the gas pumps which separated it from the hose at its break -away connection. Once
again, Fleming Environmental was called in to repair the damaged hose and place the pump back
in operation.
El Segundo Municipal Code Section 1 -7 -12 requires that staff provide a report of emergency
repair to City Council. Staff recommends that City Council receive and file this report.
133
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: November 6, 2012
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding authorizing the recording of the Notice of
Completion and authorizing the City Manager to accept completion of work for 42 homes
related to the City's Residential Sound Insulation Program's Group 43 (Project No. RSI
12 -02). (Final Contract Amount: $1,517,879.19)
RECOMMENDED COUNCIL ACTION:
Authorize the City Clerk to file the City's Planning and Building Safety Director's
Notice of Completion in the County Recorder's Office;
2. Authorize the City Manager, or designee, to close out Project No. RSI 12 -02; and /or
3. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Planning and Building Safety Director's Notice of Completion
2. List of homes included in Groups 43
FISCAL IMPACT: Included in Adopted Budget
Amounts Budgeted: $1,705,828.30
Additional Appropriation: N/A
Account Number(s): 116 - 400 - 0000 -8960
ORIGINATED BY: James S. O 'Neill, Program Manage ti
REVIEWED BY: Sam Lee, Director of Planning a ilding Safety
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
This project is part of the City's Residential Sound Insulation (RSI) Program financed by federal
grants from the Federal Aviation Administration (FAA) and the settlement agreement with Los
Angeles World Airports (LAWA).
The RSI Program offers modifications to owners of qualifying residential property in the City of
El Segundo that reduce interior sound levels of noise generated by air traffic from neighboring
Los Angeles International Airport (LAX).
At its meeting on March 20, 2012 the City Council awarded a construction contract to Big West
Construction Corporation for construction at 42 homes, commonly referred to as Group 43 of the
RSI Program.
The work has now been completed and the final contract amount is $1,517,879.19. a
134
City Council is reminded that eighty percent (80 %) of costs associated with the Residential
Sound Insulation Program are covered by federal grant funding from the Federal Aviation
Administration (FAA). This remains a funding source until those funds identified in the Grant
Implementation Plan to the City of Los Angeles are exhausted. Remaining expenses, except for
elective "Owner Upgrades" selected by property owners, are paid for by funding received as part
of the settlement agreement with LAWA,
135
Recording Requested by
and When Recorded Mail To:
City Clerk, City Hall
350 Main Street
El Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name: Residential Sound Insulation Program — Group 43
Project No.: RSI 12 -02
Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that:
1. The undersigned is an officer of the owner of interest stated below in the property hereinafter described.
2. The project owner's name is: City of El Segundo
3. The full addresses of the project are: attached as Exhibit A and incorporated by reference
4. The nature of the interest of the owner is:
5. A work of improvement on the property hereinafter described was field reviewed by City representatives on:
see attached Exhibit A
6. The work done was: Residential Sound Insulation Program Improvements
7. On November 6, 2012, City Council of the City of El Segundo accepted the work of this contract as being
complete and directed the recording of this Notice of Completion in the Office of the County Recorder.
8. The name of the Contractor for such work of improvement was: Big West Construction Corporation
9. The property on which said work of improvement was completed is in the City of El Segundo, County of Los
Angeles, State of California, and is described as follows: Private Residence(s) listed in Exhibit A
10. The street address of said properties are: set forth in Exhibit A
Dated:
Sam Lee
Planning and Building Safety Director
VERIFICATION
I, the undersigned, say: I am the Director of Planning and Building Safety of the City El Segundo, the
declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the
contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on at El Segundo, California
Sam Lee
Planning and Building Safety Director
Notice of Completion
136
Exhibit A
RSI Number Project Address
43.01
309 A West Sycamore Avenue
43.02
309 West Sycamore Avenue
43.03
309 1/2 West Sycamore Avenue
43.04
435 W. Maple Ave
43.05
228 W. Maple Ave
43.06
728 Loma Vista Street
43.07
711 W. Palm Ave.
43.08
1222 E. Acacia Ave
43.09
905 Center Street
43.10
854 Eucalyptus Drive
43.11
830 Sheldon St
43.12
825 Pepper Street
43.13
825 McCarthy Ct.
43.14
821 Pepper Street
43.15
525 E. Maple Ave.
43.16
659 W. Maple Avenue
43.17
1014 East Imperial Avenue, Unit 1
43.18
1014 East Imperial Avenue, Unit 2
43.19
1014 East Imperial Avenue, Unit 3
43.20
1014 East Imperial Avenue, Unit 4
43.21
1014 East Imperial Avenue, Unit 5
43.22
1014 East Imperial Avenue, Unit 6
43.23
952 Cypress Street, Unit 1
43.24
952 Cypress Street, Unit 2
43.25
952 Cypress Street, Unit 3
43.26
952 Cypress Street, Unit 4
43.27
952 Cypress Street, Unit 5
43.28
952 Cypress Street, Unit 6
43.29
952 Cypress Street, Unit 7
43.30
952 Cypress Street, Unit 8
43.31
903 Main Street, Unit 1
43.32
903 Main Street, Unit 2
43.33
903 Main Street, Unit 3
43.34
903 Main Street, Unit 4
43.35
903 Main Street, Unit 5
43.36
903 Main Street, Unit 6
43.37
903 Main Street, Unit 7
43.38
903 Main Street, Unit 8
43.39
903 Main Street, Unit 9
43.40
903 Main Street, Unit 10
43.41 1903
Main Street, Unit 11
43.42 1903
Main Street, Unit 12
137
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: November 6, 2012
AGENDA HEADING: New Business
Consideration and possible action to 1) adopt a resolution of intent to approve an amendment
to the contract between the California Public Employees' Retirement System (CalPERS) and
the City of El Segundo to provide Government Code § 20475 (Different Level of Benefits for
the 2% @ 60 formula) for Local Miscellaneous Members entering into membership after the
effective date of the Contract; 2) introduce and waive first reading of an ordinance amending
the contract between the City and Ca1PERS; 3) schedule second reading and adoption for
December 4, 2012; and 4) take such additional, related, action that may be desirable. (Fiscal
Impact: None for Fiscal Year 2012/13).
RECOMMENDED COUNCIL ACTION:
1. Adopt the Resolution of Intention;
2. Introduce and waive the First Reading of the Ordinance. Second reading and adoption
is scheduled for December 4, 2012;
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution of Intention
2. Ordinance
3. Ca1PERS Exhibit — Amendment to Contract
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Deborah Cullen, Director of Finance/Human Resource
REVIEWED BY:
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The City of El Segundo contracts with the California Public Employees' Retirement System
(Ca1PERS) in order to provide pension benefits to City employees. Agency benefits provided are
based upon the City Council's contract with the Ca1PERS Board of Administration. Contract
amendments complying with all applicable PERS laws and regulations can be made to modify
benefits. Currently, Memoranda of Understanding (MOU's) have been negotiated with all
represented miscellaneous employee units to provide a Two -Tier retirement formula for
miscellaneous employees. There are various steps and legal requirements to implement a contract
amendment with Ca1PERS, including the passage and adoption of an Ordinance authorizing the
contract amendment, an approved Resolution of Intention specifying the proposed changes to the
contract, and compliance with all applicable Government Code provisions and Ca1PERS timelines.
138
Two -Tier Retirement Formula for Miscellaneous CalPERS Members
Government Code § 21353 (2% @ 60); Government Code § 20475 (Different Level of Benefits)
The CalPERS retirement formula for Miscellaneous employees is currently 2% @ 55. The current
MOD's for the City Employees' Association (CEA), the Police Support Services Association
(PSSEA), and the Supervisory and Professional Employees' Association (SPEA) include provisions
to implement a second tier retirement formula of 2% @ 60, in accordance with Government Code
§21353, for employees hired on or after the date of the contract amendment with PERS. Per
Government Code §20475, a second tier of benefits with a lower benefit formula can only apply to
new hires after the effective date of the contract. Additionally, this new retirement formula will
apply to unrepresented positions in the Management/Confidential group, as well as Executives. The
2% @60 formula will only be applicable to new hires who are lateral transfers from other PERS
agencies. Due to AB340, the Public Employees' Pension Reform Act of 2013 (PEPRA), all new
hires after January 1, 2013 who are not current CalPERS Members will be hired under the 2% @ 62
retirement formula.
Timeline and Requirements
Government Code § 20741 requires a twenty (20) day period between the adoption of the Resolution
of Intention and the Second Reading and Adoption of the Ordinance. Additionally, based upon
PEPRA, which will take effect January 1, 2013, CalPERS is requiring that all previously negotiated
Two -Tier formulas be implemented prior to December 31, 2012.
Based on the required 20 -day waiting period, if the Resolution of Intention is adopted at the Council
Meeting of November 6, 2012, the Ordinance will be scheduled for second reading and adoption at
the December 4, 2012 meeting. At that time, staff will also recommend that the City Council adopt
an urgency ordinance to make the CalPERS contract amendment immediately effective. Adopting
both a "regular" ordinance and an urgency ordinance will ensure that the CalPERS contract
amendment becomes effective before the January 1, 2013 deadline.
Disclosure of the Cost of this Contract Amendment/Fiscal Impact
Government Code § 7507
Government Code §7507 requires that the future annual costs or benefit change of the proposed
contract be made public at least two weeks before adopting a final ordinance:
There will be no immediate rate impact from this amendment. Decreases in the employer rate will
occur as employees are hired into the Second Tier. Any decreases in the employer miscellaneous rate
are based upon the impact of hiring employees into the second level of benefits (2% @ 60) for Local
Miscellaneous Employees. The employer rate reduction will occur gradually, beginning on July 1,
2015, if there are second tier employees hired on or before June 30, 2013. Due to the annual
actuarial valuation process that CalPERS uses, impacts to employer contribution rates take effect
two years following the end of the fiscal year in which changes occur.
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ATTACH. 1 — NEW BUSINESS — ITEM 9
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF EL SEGUNDO
WHEREAS, the Public Employees' Retirement Law permits the participation of public
agencies and their employees in the Public Employees' Retirement System
by the execution of a contract, and sets forth the procedure by which said
public agencies may elect to subject themselves and their employees to
amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption by
the governing body of the public agency of a resolution giving notice of its
intention to approve an amendment to said contract, which resolution shall
contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 20475 (Different Level of Benefits). Section
21353 (2% @ 60 Modified formula) is applicable to local
miscellaneous members entering membership for the first time
in the miscellaneous classification after the effective date of this
amendment to contract.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency
does hereby give notice of intention to approve an amendment to the
contract between said public agency and the Board of Administration of the
Public Employees' Retirement System, a copy of said amendment being
attached hereto, as an "Exhibit" and by this reference made a part hereof.
In
Date adopted and approved
(Amendment) CaIPERS ID# 2657082556
CON -302 (Rev. 4/96)
Presiding Officer
Title
ATTACH. 2 - NEW BUSINESS - ITEM 9
ORDINANCE NO.
AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT
WITH THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT
SYSTEM.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds and determines as follows:
A. On September 12, 2012, the Governor signed Assembly Bill 340
which, among other things, implemented the California Public
Employees' Pension Reform Act of 2013 (the "Act ");
B. The Act will become effective on January 1, 2013. Upon
BECOMING effective, the Act will make numerous changes to the
California Public Employees Retirement System ( "PERS ");
C. The City Council believes that it is necessary to make certain
changes to the City's agreement with the California Public
Employees Retirement System before January 1, 2013;
D. On November 6, 2012, the City Council adopted Resolution No.
in conformance with Government Code § 20469 regarding its
intention to amend the Agreement with the California Public
Employee Retirement System ( "PERS ");
E. Resolution No. stated the City's intent to amend its PERS
Agreement ( "Amendment ") by implementing a second tier
retirement formula of 2% @ 60, in accordance with Government
Code § 21353, for employees hired on or after the date of the
contract amendment with PERS.;
F. More than twenty (20) days passed since the City Council adopted
Resolution No. __ _ _ - .;
G. It is in the public interest to adopt this ordinance for the purpose of
protecting the public health, safety, and welfare including, without
limitation, the well -being of City employees and retirees.
SECTION 2: The Amendment attached as Exhibit "A," and incorporated by
Page 1 of 2
reference, is approved. The City Manager, or designee, is authorized to execute the
Amendment and all ancillary documents required to implement the Amendment.
SECTION 3: If any part of this Ordinance or its application is deemed invalid by a
court of competent jurisdiction, the city council intends that such invalidity will not affect
the effectiveness of the remaining provisions or applications and, to this end, the
provisions of this Ordinance are severable.
SECTION 4: 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 5: This Ordinance will become effective thirty (30) days after its
adoption.
PASSED AND ADOPTED this day of November, 2012.
Carl Jacobson, Mayor
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
Karl H. Berger, Assistant City Attorney
Page 2 of 2
Ca1PERS
ATTACH. 3 - NEW BUSINESS - ITEM 9
EXHIBIT A
California
Public Employees' Retirement System
4411110�`
EXHIBIT
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of El Segundo
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
October 1, 1943, and witnessed August 25, 1943, and as amended effective November
1, 1947, August 1, 1949, July 1, 1950, November 1, 1955, September 1, 1958, March 9,
1959, November 7, 1964, October 19, 1968, December 11, 1971, July 20, 1974, July
19, 1975, January 3, 1976, July 16, 1977, June 3, 1978, February 6, 1982, April 3,
1982, January 1, 1992, June 27, 1992, May 15, 1993, January 8, 1994, January 19,
1996, April 4, 1997, October 13, 1997, October 7, 2000, December 18, 2000, May 19,
2001, July 2, 2004, April 12, 2008, May 9, 2009, October 3, 2009, October 23, 2010 and
October 6, 2012 which provides for participation of Public Agency in said System, Board
and Public Agency hereby agree as follows:
A. Paragraphs 1 through 15 are hereby stricken from said contract as executed
effective October 6, 2012, and hereby replaced by the following paragraphs
numbered 1 through 16 inclusive:
All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members entering membership in
the miscellaneous classification on or prior to the effective date of this
amendment to contract, age 60 for local miscellaneous members entering
membership for the first time in the miscellaneous classification after the
effective date of this amendment to contract, age 50 for local police
members entering membership in the police classification on or prior to
October 6, 2012, age 55 for local fire members and for those local police
members entering membership for the first time in the police classification
after October 6, 2012.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after October 1, 1943 making its employees as
hereinafter provided, members of said System subject to all provisions of
the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contracting
agency.
3. Public Agency agrees to indemnify, defend and hold harmless the
California Public Employees' Retirement System (CaIPERS) and its
trustees, agents and employees, the CaIPERS Board of Administration,
and the California Public Employees' Retirement Fund from any claims,
demands, actions, losses, liabilities, damages, judgments, expenses and
costs, including but not limited to interest, penalties and attorneys fees
that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits,
provisions or formulas under this Contract that are different than
the retirement benefits, provisions or formulas provided under
the Public Agency's prior non - CaIPERS retirement program.
(b) Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than
CaIPERS to provide retirement benefits, provisions, or formulas
that are different than the retirement benefits, provisions or
formulas provided under this Contract and provided for under
the California Public Employees' Retirement Law.
(d) Public Agency's election to file for bankruptcy under Chapter 9
(commencing with section 901) of Title 11 of the United States
Bankruptcy Code and /or Public Agency's election to reject this
Contract with the CaIPERS Board of Administration pursuant to
section 365, of Title 11, of the United States Bankruptcy Code
or any similar provision of law.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CaIPERS' Board of Administration.
(f) The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law.
(g) Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result of
amendments, additions or deletions to California statute or to
the California Constitution.
4. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
C. Employees other than local safety members (herein referred to as
local miscellaneous members).
5. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
6. Prior to January 1, 1975, those members who were hired by Public
Agency on a temporary and /or seasonal basis not to exceed 6 months
were excluded from PERS membership by contract. Government Code
Section 20336 superseded this contract provision by providing that any
such temporary and /or seasonal employees are excluded from PERS
membership subsequent to January 1, 1975. Legislation repealed and
replaced said Section with Government Code Section 20305 effective July
1, 1994.
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member
entering membership in the miscellaneous classification on or prior to the
effective date of this amendment to contract shall be determined in
accordance with Section 21354 of said Retirement Law subject to the
reduction provided therein for service on and after July 1, 1956, the
effective date of Social Security coverage, for members whose service
has been included in Federal Social Security (2% at age 55 Full and
Modified).
8. The percentage of final compensation to be provided for each year of
credited current service as a local miscellaneous member entering
membership for the first time in the miscellaneous classification after the
effective date of this amendment to contract shall be determined in
accordance with Section 21353 of said Retirement Law subject to the
reduction provided therein for Federal Social Security (2% at age 60
Modified).
9. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member shall be
determined in accordance with Section 21363.1 of said Retirement Law
(3% at age 55 Full).
10. The percentage of final compensation to be provided for each year of
credited prior and current service as a local police member entering
membership in the police classification on or prior to October 6, 2012 shall
be determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
11. The percentage of final compensation to be provided for each year of
credited current service as a local police member entering membership for
the first time in the police classification after October 6, 2012 shall be
determined in accordance with Section 21363.1 of said Retirement Law
(3% at age 55 Full).
12. Public Agency elected and elects to be subject to the following optional
provisions:
a. Sections 21624 and 21626 (Post- Retirement Survivor Allowance)
for local safety members only.
b. Section 21571 (Basic Level of 1959 Survivor Benefits) for local
miscellaneous members only.
Section 21222.1 (One -Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
d. Section 21222.2 (One -Time 5% Increase - 1971). Legislation
repealed said Section effective January 1, 1980.
e. Section 21024 (Military Service Credit as Public Service).
Section 20042 (One -Year Final Compensation).
g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
safety members only.
h. Section 21548 (Pre- Retirement Option 2W Death Benefit),
Section 20903 (Two Years Additional Service Credit).
j. Section 20516 (Employees Sharing Cost of Additional Benefits):
Section 21353.1 (3% @ 55 Full and Modified formula) for local fire
members.
The employee cost sharing contributions are 3 %. The maximum
employee cost sharing contribution is the normal cost plus the
increase in the accrued liability due to the benefit improvement
amortized over 20 years. In no event shall the employee cost
sharing contribution attributable to the unfunded liability remain in
effect beyond May 19, 2021. Thereafter, in any given contribution
year, the maximum employee cost sharing contribution cannot
exceed 2.591 % of payroll.
k. Section 20475 (Different Level of Benefits). Section 21363.1 (3%
@ 55 Full formula) is applicable to local police members entering
membership for the first time in the police classification after
October 6, 2012.
Section 21353 (2% @ 60 Modified formula) is applicable to local
miscellaneous members entering membership for the first time in
the miscellaenous classification after the effective date of this
amendment to contract.
13. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
14. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
C. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
15. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
16. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF EL SEGUNDO
BY
KAREN DE FRANK, CHIEF
CUSTOMER ACCOUNT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AMENDMENT CaIPERS ID #2657062556
PERS- CON -702A
BY
PRESIDING OFFICER
Witness Date
Attest:
Clerk
EL SEGUNDO CITY COUNCIL MEETING DATE: November 6, 2012
AGENDA ITEM STATEMENT AGENDA HEADING: Council Member Atkinson
AGENDA DESCRIPTION:
Consideration and possible action regarding the recommendation to implement a temporary
surcharge to design and construct the City's One Stop Permit Center. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Direct staff to initiate the study and bring back a fee resolution to adopt a temporary surcharge in
order to design and construct the City's One Stop Permit Center.
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
PREPARED BY: Dave Atkinson, Council Memb t`
REVIEWED BY:
APPROVED BY: Greg Carpenter, City Manager /C_
BACKGROUND & DISCUSSION:
In the wake of the current financial standing of the City of El Segundo, the City has deferred the
construction of the City's One Stop Permit Center for several years. The current customer counter area
went through a minor alteration in 2005 where existing counters received a new fornuca surface and
additional counter spaces were created in the customer waiting area. But there hasn't been a major
remodel for decades. Two main obstacles that prevent staff from providing better service to our
customers are the fact that our departments are physically located in different areas and our customer
service area does not have adequate meeting space where staff and the applicant can meet to resolve
development related issues.
As presented at this year's strategic planning session, all of the City's Development Team (Planning,
Fire, Building & Safety, Public Works, Recreation & Parks, and Police department) can be situated at
the El Segundo Permit Center. Customers will be able to go to one place (El Segundo Permit Center) to
complete all development related businesses. Adaptable conference rooms will allow various
departmental staff to work together, cross -train each other, and provide service seamlessly to complete
plan checks and issue permits.
The surcharge will be collected from customers that are directly using the permit center and will
ultimately benefit them for years to come. The collected fee can be placed in an escrow account where
11
the money will only be used to build the new El Segundo Permit Center. The surcharge would expire
once adequate funds had been collected to fund the new Permit Center.
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