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2019 Mar 19 - CC PACKET
AGENDA EL SEOUNDO CITY COUNCIL DIVEST CONFERENCE ROOM - , 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. MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 19, 2019 — 4:30 PM (Please note time change for Closed Session) 4:30 P.M. SESSION CALL TO ORDER ROLL CALL PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of$50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of$250. 1 1 SPECIAL ORDER OF BUSINESS: CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(d)(1): -3- matters 1. Galloway v. City of EI Segundo, Los Angeles Superior Court Case No. BC709378 2. Whitehead v. City of EI Segundo, Workers Compensation Appeals Board Case No. ADJ 11048959 3. Hatcher v. City of EI Segundo, Workers Compensation Appeals Board Case No. ADJ (To Be Assigned) CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -1- matter- Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matters APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter PUBLIC EMPLOYMENT (Gov't Code § 54957) -1- matter 1. City Manager 2 2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -6- matters 1. Employee Organizations: Police Management Association; Police Support Services Employees Association; Supervisory, Professional Employees Association; City Employee Association; and Executive and Management/Confidential Employees (unrepresented groups). Agency Designated Representative: Irma Moisa Rodriquez, City Manager, Greg Carpenter and Human Resources Director. 3 3 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBER - 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, MARCH 19, 2019 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Carlile, United Methodist Church PLEDGE OF ALLEGIANCE — Council Member Brann PRESENTATIONS 4 4 a) Proclamation — Denim Day 2019 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. CITY COUNCIL COMMENTS — (Related to Public Communications) 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) C. UNFINISHED BUSINESS 1. Consideration and possible action to receive and file a presentation by Ignited, LLC, of the finalized recruitment marketing campaign for the Police Department. (Fiscal Impact: None) Recommendation — 1) Receive and file; 2) Alternatively, discuss and take other action related to this item. 2. Consideration and possible action to receive and file a presentation by the Police Department on the implementation of a traffic plan and street closures of the 1100 to 1200 block of East Acacia and surrounding neighborhood during the 2018 annual holiday lights event, commonly known as Candy Cane Lane. (Fiscal Impact: $45,291) Recommendation — 1) Presentation from the Police Department on the closure of the 1100 - 1200 block of East Acacia Avenue nightly from December 8, 2018 to December 24, 2018, for the annual Candy Cane Lane event; 2) Alternatively, discuss and take other action related to this item. 5 5 3. Consideration and possible action to receive and file a report on Accessory Dwelling Unit (ADU) plan checks and permits since adoption of the ADU ordinance in July, 2017 (18 month review). (Fiscal Impact: None) Recommendation — 1) Receive and file report regarding ADU permits; 2) Alternatively, discuss and take other action related to this item. 4. Consideration and possible action to (1) receive an update regarding efforts to introduce shared mobility (bicycles, electric scooters, etc.) services in EI Segundo; and (2) provide direction to staff regarding a potential pilot program, including coordination with the South Bay Cities Council of Governments (South Bay COG). (Fiscal Impact: $3,000.00) Recommendation — 1) Receive a status update on the City's efforts to initiate a shared mobility pilot program; 2) Provide direction to staff regarding a potential pilot program, including coordination with the South Bay COG; 3) Alternatively, discuss and take other action related to this item. D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 5. Consideration and possible action recommended by the Environmental Committee to adopt a Resolution opposing new Off-Shore Drilling, including opposing new leases for oil and gas activities off the California coast pursuant to the federal government's proposed 2019-2024 National Outer Continental Shelf Program (Fiscal Impact: None) Recommendation — 1) Adopt a Resolution to protect EI Segundo's coast from offshore oil and gas drilling and exploration, in opposition to the proposed National Outer Continental Shelf Program; 2) Alternatively, discuss and take other action related to this item. 6. Consideration and possible action recommended by the Environmental Committee to adopt a Resolution opposing proposed state legislation to maintain local control of energy solutions in opposition to the zero- emissions buildings and sources of heat energy. (Fiscal Impact: None) Recommendation — 1) City Council to adopt a Resolution for the City to support and preserve consumer energy choice; 2) Alternatively, discuss and take other action related to this item. 6 6 7. Consideration and possible action recommended by the Library Board regarding implementation of a Fine Forgiveness Month at the EI Segundo Public Library beginning Monday, April 1, 2019 and ending Tuesday, April 30, 2019 for purposes of removing barriers to library services and allowing the EI Segundo Public Library to recover library materials which may not otherwise be returned for use by other customers. (Fiscal Impact: The EI Segundo Public Library's average monthly revenue from overdue fines and fees is $1666. In addition, library staff estimate that at least $10,000 in overdue fees could be waived during Fine Forgiveness Month. The lost revenue is offset, to some extent, by the return of overdue materials. It also must be recognized that a significant portion of the lost revenue would never have been collected.) Recommendation — 1) Receive and file presentation by Library Board of Trustees members; 2) Direct the Library Director to waive fines and fees for overdue books returned during Fine Forgiveness Month or as requested from library card holders from April 1, 2019 through April 30, 2019; 3) Alternatively, discuss and take other action related to this item. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 8. Warrant Numbers 3025056 through 3025144 on Register No. 11a in the total amount of $1,618,907.22 and Wire Transfers from 2/25/19 through 3/3/19 in the total amount of $598,149.68. Warrant Numbers 3025145 through 3025268 and 900824 through 9000862 on Register No. 11b in the total amount of $428,867.51 and Wire Transfers from 3/4/19 through 3/10/19 in the total amount of$789,465.84. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and/or adjustments; and wire transfers. 9. Special City Council Meeting Minutes of March 5, 2019 and Regular City Council Meeting Minutes of March 5, 2019. Recommendation — 1) Approval 7 7 10.Consideration and possible action regarding approval of 1) A Memorandum of Understanding (MOU) (Labor Agreement) between the City of EI Segundo and the EI Segundo Police Support Services Employees' Association (PSSEA); 2) Adoption of Resolution approving the Memorandum of Understanding; 3) Adoption of Resolution approving and authorizing changes to the City's medical premium to CalPERS for each year of the MOU. (Fiscal Impact: $49,420 for FY 2018-19, $85,036 for FY 2019-20, $146,372 for FY 2020-21, and $154,777 in FY 2021-22) Recommendation — 1) Approve the Labor Agreement; 2) Adopt the Resolution approving the Memorandum of Understanding; 3) Adopt Resolution approving changes to the medical premium pursuant to MOU; 4) Alternatively, discuss and take other action related to this item. 11.Consideration and possible action regarding approval of 1) A Memorandum of Understanding (MOU) (Labor Agreement) between the City of EI Segundo and the El Segundo City Employees' Association; 2) Adoption of Resolution approving the Memorandum of Understanding; 3) Adoption of Resolution approving and authorizing changes to the City's medical premium to CalPERS for each year of the MOU. (Fiscal Impact: $228,988 for FY 2018-19, $690,354 for FY 2019-20, $820,146 for FY 2020-21, $974,317 for FY 2021-22, and $1,012,452 for FY 2022-23) Recommendation — 1) Approve the Labor Agreement; 2) Adopt the Resolution approving the Memorandum of Understanding; 3) Adopt Resolution approving changes to the medical premium pursuant to MOU; 4) Alternatively, discuss and take other action related to this item. 12.Consideration and possible action regarding a request to allow a new restaurant (JETTA) to serve beer and wine for on-site consumption. JETTA is located at 243 Main Street, within the Downtown Specific Plan area. Environmental Assessment (Exemption pursuant to California Environmental Quality Act). Applicant: SISSNME, LLC. (Fiscal Impact: None) Recommendation — 1) Receive and file this report without objecting to the issuance of the alcohol permit for the new restaurant at 243 Main Street; 2) Alternatively, discuss and take other action related to this item. 13.Consideration and possible action regarding an update since the implementation of the City's Social Host Ordinance. (Fiscal Impact: None) Recommendation — 1) Receive and file; 2) Alternatively, discuss and take other action related to this item. 8 8 14.Consideration and possible action to approve Final Vesting Parcel Map No. 73137 for a four-unit commercial mixed-use condominium subdivision located at 123, 123A, 125, and 127 Nevada Street. (Fiscal Impact: N/A) Recommendation — 1) Approve Resolution approving and accepting Final Vesting Parcel Map No. 73137; 2) Authorize the appropriate City Officials to sign and record said Map; 3) Alternatively, discuss and take other action related to this item. F. NEW BUSINESS G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK 15.Consideration and possible action regarding Council consensus to cancel the Tuesday, April 2, 2019 City Council Meeting. (Fiscal Impact: None) Recommendation — 1) Approve cancellation of the April 2, 2019 City Council Meeting; 2) Alternatively, discuss and take other action related to this item. 16.Consideration and possible action to introduce an ordinance amending section 1-4-4A of the EI Segundo Municipal Code ("ESMC") to change the Regular City Council Meetings held on the first and third Tuesday of every calendar month beginning time from five o'clock (5:00) p.m. to four o'clock (4:00) p.m. for closed session matters and interviews or appointments for committees, boards and commissions in the West Conference Room and change the beginning time of the seven o'clock (7:00) p.m. to six o'clock (6:00) p.m. in the Council Chamber for all other matters addressed in open session. (Fiscal Impact: None) Recommendation — 1) Introduce and waive first reading of the Ordinance; 2) Schedule second reading and adoption of the ordinance on April 16th, 2019; 3) Alternatively, discuss and take other action related to this item. J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS 9 9 Council Member Pimentel - Council Member Nicol - Council Member Brann - Mayor Pro Tem Pirsztuk - Mayor Boyles - PUBLIC COMMUNICATIONS - (Related to Citv Business Onlv - 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: NAME: 10 10 PROCLAMATION - DENIM DAY 2019 11 EL SEGUNDO CITY COUNCIL MEETING DATE: March 19,2019 AGENDA STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action to receive and file a presentation by Ignited, LLC, of the finalized recruitment marketing campaign for the Police Department. (Fiscal Impact:None). RECOMMENDED COUNCIL ACTION: 1. Receive and file; 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: N/A Amount Budgeted: $0 Additional Appropriation: N/A Account Number(s): N/A STRATEGIC PLAN: Goal: 3(a) El Segundo is a City employer of choice and consistently hires for the future. Objective: 2 The City provides a competitive environment and nimble hiring/onboarding process for its employees. ORIGINATED BY: Jaime Bermudez, Police Captain REVIEWED BY: Bill Whalen, Chief of Poce APPROVED BY: Greg Carpenter, City Manage BACKGROUND AND DISCUSSION: In October 2018, City Council approved staff to contract with Ignited, LLC, a local marketing agency for the development of a recruitment campaign exclusively for the Police Department. As part of their research to develop a comprehensive plan, current El Segundo Police Officers from varied professional backgrounds and work assignments were interviewed regarding their personal motivations for applying with the El Segundo Police Department. Additionally, police officers were encouraged to provide qualities unique to the City and Police Department helpful in attracting both lateral and entry level police officers. Through the creative development process,the campaign has been finalized and is ready for launch April 1, 2019. The plan includes the following features: 1. Online banners for desktop,and mobile devices 2. Law enforcement print, 3. Google search, 4. Landing page, 5. Geofencing advertising, 6. Social, and 7. Outdoor billboard. The plan will also measure key metrics with the objective to 12 drive potential candidates to the newly designed landing page. Key indicators will measure traffic to the landing page, as well as number of clicks and total number of applications submitted. RECOMMENDATIONS: The Police Department recommends the City Council receive and file this report. 13 EL SEGUNDO CITY COUNCIL MEETING DATE: March 19,2019 AGENDA STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action to receive and file a presentation by the Police Department on the implementation of a traffic plan and street closures of the 1100 to 1200 block of East Acacia and surrounding neighborhood during the 2018 annual holiday lights event, commonly known as Candy Cane Lane. (Fiscal Impact: $45,291) RECOMMENDED COUNCIL ACTION: 1. Presentation from the Police Department on the closure of the 1100- 1200 block of East Acacia Avenue nightly from December 8, 2018 to December 24, 2018, for the annual Candy Cane Lane event; or, 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: $45,292 Amount Budgeted: $0 Additional Appropriation: N/A—absorbed in current Department budgets Account Number(s): N/A STRATEGIC PLAN: Goal: 2 Support Community Safety and Preparedness Objective: 1 El Segundo is a safe and prepared city ORIGINATED BY: Carlos Mendoza, Captain REVIEWED BY: Bill Whalen, Chief of Police APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: During the 2017 holiday season, staff studied the effects of a full closure of the 1100 block of East Acacia Avenue in an attempt to mitigate traffic safety concerns voiced by the residents in the area. Based on the results of this study,the decision was made to implement a full closure of both 1100 and 1200 East Acacia Avenue for the duration of the 2018 holiday season. The following staff report is a summary of the activities that occurred during this time period. These results will be shared with the community at a town hall meeting at a date to be determined. Utilizing Police Cadets, Police Service Officers, and a Police Sergeant, the El Segundo Police Department implemented a full closure of the 1100 and 1200 block of East Acacia from December 8, 2018 through December 24, 2018. Including the Police Sergeant, there were six personnel on 2 14 duty each of the evenings. There was a total of 446.50 hours worked on this event, for a fully burdened cost of$41,515.55. Every attempt was made to adjust schedules to minimize overtime; however, there was still a significant number of hours worked on overtime. Additionally, the Streets Department provided assistance with barricades, message boards, and road closure signs. These costs were $3,776.46. The fall closures ran from 6:00 PM through 10:00 PM each evening. The closures were established at Acacia Avenue/Center Street and Walnut Avenue/California Street. Persons who could show proof of residency were allowed to enter the street closures. Those entering the closed areas were escorted by an El Segundo Police Department vehicle in an effort to increase visibility. Those exiting the area were not escorted. The following is the nightly average for vehicles entering/exiting the closed areas: MONDAY-THURSDAY(Average) Vehicles entering Walnut/California closure 4.6 Vehicles entering Acacia/Center closure 13.8 Vehicles exiting Walnut/California closure 17.2 Vehicles exiting Acacia/Center closure 25 FRIDAY-SUNDAY(Averaae) Vehicles entering Walnut/California closure 4.6 Vehicles entering Acacia/Center closure 7 Vehicles exiting Walnut/California closure 10.4 Vehicles exiting Acacia/Center closure 28 CHRISTMAS EVE Vehicles entering Walnut/California closure 2 Vehicles entering Acacia/Center closure 7 Vehicles exiting Walnut/California closure 16 Vehicles exiting Acacia/Center closure 31 Although there were no reported vehicle/pedestrian conflicts, the number of unescorted vehicles exiting the 1100 block of East Acacia Avenue remains a concern for staff. As expected,the visible closure of the street created an environment where pedestrians felt free to walk in the roadway. Under normal conditions, pedestrians would be responsible for their safety when entering a roadway. With the road closed,pedestrians have a reasonable expectation there won't be vehicular traffic. Extending the restricted area was successful in reducing traffic volume on the 1100 block of East Acacia; however, this extended closure pushed vehicle and pedestrian traffic further into the 15 surrounding residential area and appeared to impact more residents than in years past. Staff was not able to determine if the increased impact in the surrounding area was due to the closure or an increased number of people attending the event this year. Several residents in the surrounding area complained to the Police Department about trash being left behind and illegally parked vehicles, as well as significant traffic congestion. The veracity of these complaints were verified by El Segundo Police Department personnel. The following is a summary of the 39 calls for service the El Segundo Police Department responded to that were attributed to the event: • 22 parking citations issued. The majority being for red zone violations and blocking driveways. 17 other calls for service which included disturbance calls, lost property calls, and a minor traffic collision. RECOMMENDATIONS: Staff recommends the City Council receive and file this report. 16 EL SEGUNDO CITY COUNCIL MEETING DATE: March 19, 2019 AGENDA STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action to receive and file report on Accessory Dwelling Unit (ADU) plan checks and permits since adoption of the ADU ordinance in July, 2017 (18 month review). (Fiscal Impact:None.) RECOMMENDED COUNCIL ACTION: 1. Receive and file report regarding ADU permits; 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT:None. STRATEGIC PLAN: Goal: None (State mandate) Objective: N/A /' . PREPARED BY: Gregg McClain, Planning Manager L> / REVIEWED BY: Sam Lee, Planning and Building Safety Director APPROVED BY: Greg Carpenter, City Manager Since the last report (October 2018) the City received only 7 applications for ADUs, which is a considerable decline from the first year's trend, which saw 36 application by the one year mark. As of this time, 19 permits for ADUs were issued in total, only 7 final inspections, meaning that no finals were issued in the previous 6 months, and 17 remain in the plan check process. The total number of ADUs applied for is 43. Among the 7 new ADU applications, 3 are new and attached to or over a garage, 2 are new stand-alone structures, 1 is new and attached to the main house, and 1 converted existing interior space in a previously built structure. The average size of the 7 newly applied for ADUs is 678 square feet and ranging from 216 to 1,181 square feet. 3 1 17 EL SEGUNDO CITY COUNCIL MEETING DATE: March 19,2019 AGENDA STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action to (1) receive an update regarding efforts to introduce shared mobility services in El Segundo; and (2) provide direction to staff regarding a potential pilot program, including coordination with the South Bay Cities Council of Governments (South Bay COG). (Fiscal Impact: $3,000) RECOMMENDED COUNCIL ACTION: 1. Receive a status update on the City's efforts to initiate a shared mobility pilot program; 2. Provide direction to staff regarding a potential pilot program, including coordination with the South Bay COG; 3. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Draft South Bay shared mobility guidelines 2. Fall 2018 public survey and survey results FISCAL IMPACT: $3,000 Amount Budgeted: $3,000 Additional Appropriation: None Account Number(s): TBD STRATEGIC PLAN: Goal: Champion Economic Development and Fiscal Sustainability Objective: El Segundo promotes economic growth and vitality for businesses and the community ORIGINATED BY: Paul Samaras, Principal Planner REVIEWED BY: Gregg McClain, Planning Manager Sam Lee, Planning& Building Safety Director Ken Berkman, Public Works Dir for APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION In early July 2018, the City engaged in an experiment with shared mobility services when Bird Company and Lime each dropped around 30 of their electric scooters for rent in and around the downtown. On July 17, 2018, the City Council directed staff to work on developing a pilot program to allow Bird Company and other similar companies to operate within City limits. The City Council direction included the following components: 4 1 18 1. Issuance of a 30-day encroachment permit and/or agreement that can be renewed for 30- day periods after an evaluation by staff. 2. Provision of adequate insurance levels and indemnification language. 3. Assessment of an adequate level of fees. 4. Establishing operational rules, such as parking, safety, education and enforcement, data sharing, etc. 5. Setting limits on the maximum size of the vehicle fleets of individual companies. On August 7, 2018, staff reported to the City Council that Bird and Lime were not sufficiently responsive, particularly on the insurance and indemnification requirements. In addition, staff indicated that it had been working with neighboring cities and the South Bay COG on developing common rules and regulations for shared mobility companies. After some discussion, the City Council directed staff to 1) issue cease and desist orders to Lime and Bird requiring them to immediately remove their fleets of electric scooters from the City and 2) develop rules and/or regulations to potentially initiate a pilot project in the future. During the discussion, the City Council raised several issues to be addressed in any future regulations or pilot program rules including: 1. Adequate insurance levels and indemnification language 2. Adequate level of fees 3. Parking/littering of scooters 4. Riding on sidewalks 5. Limits on the maximum number of companies and scooters 6. Distribution of scooters in the city and overconcentration in the downtown 7. Rider education on safety and the rules of the road Staff update Since August 2018, staff has engaged with neighboring cities and the South Bay COG to study shared mobility programs in other cities and develop regulations for a pilot program that reflect the best practices in the field. The South Bay COG Shared Mobility Working Group (Working Group) has studied the programs of several cities, including Los Angeles, Santa Monica, Culver City, Long Beach, San Francisco, Portland, and Seattle. The Working group also reviewed and considered State Law(California Vehicle Code) and published reports by the American Planning Association(APA) and the National Association of City Transportation Officials (NACTO). Public Survey For the months of October through December 2018, City staff, in coordination with the South Bay COG conducted a second survey of the public at a regional level. The survey was distributed online by the South Bay COG and it was posted on the City website and Facebook page. Paper copies of the survey were placed at the El Segundo Library, the Planning and Building Safety Department at City Hall, and the Joslyn Center at Recreation Park. The survey had 220 responses from El Segundo residents. The survey questions and results from El Segundo residents are summarized below. 2 19 1. Would you personally be interested in participating in a bike share or scooter share program? Yes - 41% No - 45% 2. The top two reasons given for not wanting to personally participate: a) Concern about being visible/safe when interacting with other vehicles on the road and b) The lack of infrastructure for bicycles and scooters. 3. The top reason given for wanting to personally participate: It provides a flexible transportation option. 4. Would you support a Regional South Bay bike share program? Yes - 50% No - 29% 5. Would you support a Regional South Bay scooter share program? Yes - 43% No -44% 6. Where would you go if you participated in a bike share or scooter share program? Leisure trips - 83% The beach/pier- 77% Errands - 61% Shopping centers - 48% Place of employment- 35% 7. How often would you likely use bike share or scooter equipment? Somewhat to Very Frequently- 44% Infrequently to Never- 56% 8. If a bike share or scooter share program were developed, what types of rules or regulations do you think should be covered? Safe operation by users - 79% Abandonment/parking of bikes/scooters - 74% Maximum speed- 68% Riding on sidewalks - 63% City ability to receive revenue - 60% In summary, there is interest in the community in participating in a regional pilot effort, but there are also concerns about safety, lack of infrastructure, and parking/abandonment of bicycles or scooters. The complete survey and results are attached to this report(Exhibit 2). Shared mobility guidelines Pursuant to the Council's direction and the public survey input, City staff and South Bay COG staff have produced Shared Mobility Guidelines for a potential shared mobility pilot program (Exhibit 1). The guidelines are a common set of rules for South Bay cities to use in a shared 3 20 mobility program. While these guidelines would be common among South Bay cities, each city would be able to customize them according to its unique circumstances and priorities. Staff shared an earlier draft of the guidelines in late February with several shared mobility companies to obtain their input and ensure the guidelines accurately reflect the latest trends and best practices in the field. The latest version of the guidelines is attached to this report to obtain feedback from the Council and the public prior to finalizing them. The guidelines regulating various areas, including those areas of concern that the City Council identified previously and the concerns identified in the two public surveys conducted recently. The complete guidelines are attached to this report(Exhibit 1),but each of the 15 sections is listed and briefly discussed below. 1. Purpose. The purpose of the guidelines is to test shared bike and shared scooter (shared mobility) services that, as indicated in the responses to the public survey, would offer flexible alternative transportation options to residents, businesses, and visitors to the City. 2. Authority The California Vehicle Code regulates all vehicles including bicycles and motorized bicycles or scooters. However, the City has clear authority to regulate its own right-of-way and businesses that offer these types of vehicles for rent in the City's public right-of-way. 3. Definitions The definitions section defines all bicycles, electric assist bicycles, and electric scooters as "Shared Mobility Devices"or"SMDs." The section also includes related definitions of terms that would be used in a Shared Mobility Device pilot program. The section aims to ensure that staff and the public in all of the South Bay cities use common terminology. 4. Deployment The deployment section establishes a process and rules regarding when, where and how shared mobility companies will deploy their SMDs in a City during a pilot program. The deployment section aims to ensure that SMDs are deployed in a manner that does not block sidewalks or traffic, they are not over-concentrated in certain areas and create a sense of visual litter, and they are deployed in areas that the City considers high priority areas, such as near the Green Line stations. Participating companies would have to submit a deployment plan to the City for review and approval prior to receiving a permit. The deployment plan would contain maps of the permitted service area, any restricted or prohibited areas, and the specific locations where SMDs would be deployed. 5. Parking The parking section regulates where and how SMDs are physically parked in the City. It gives individual cities the option of designating specific sidewalk parking areas, rather than permitting parking anywhere along a block. Furthermore,this section seeks to limit parking on sidewalks, promote parking primarily on private property, but potentially allow it on City/public facilities and on the street. Each City participating in a pilot program would determine the extent to which sidewalk parking is permitted and other parking options are encouraged or required. Participating companies would have to submit a parking plan to the 4 21 City for review and approval prior to receiving a permit. The parking plan would contain maps identifying permitted parking areas that reflect the City's priorities with regard to parking. 6. Fleet size and mix A shared mobility pilot program could include a variety of SMD types. This section of the guidelines establishes a general process for setting the minimum and maximum number of SMDs and the type that could participate in a pilot program. Each City participating in a pilot program would decide on the appropriate fleet size and mix based on its unique circumstances and priorities. Staff reviewed the programs of several cities. Of those cities, Culver City is most similar to El Segundo. In Culver City, the scooter program launched last year permitted up to 200 scooters per operator. The City considered up to three operators and issued permits to two of them for a total of 400 scooters. Culver City is approximately the same size as El Segundo at 5.14 square miles. Its population is larger at 40,000, but it has a large daytime population at approximately 60,000.1 So,it may be comparable as a guide for El Segundo. Ultimately, companies that apply to operate in a City will have to propose and justify an appropriate fleet size and mix, which will be subject to City review and approval. 7. Education The education section indicates that each company is responsible for educating the general public and users of their SMDs on riding safety and roadway regulations. Companies that apply to operate in a City will have to submit an education plan for City review and approval prior to receiving a permit. 8. Enforcement The enforcement section outlines the range of enforcement measures the City can take to ensure companies and the users of SMDs comply with the applicable State Laws, local laws, and permit requirements. The enforcement measures range from written warnings to companies and users to suspension or revocation of a permit. Enforcement and permits will be reviewed on an ongoing basis—not just at the end of the pilot program period—and cities will have the option to suspend, revoke or change permit requirements/conditions at any time. 9. Safety The safety section establishes safety requirements including a maximum speed for SMDs of 15 mph, a minimum rider age of 18, it requires companies to hold helmet give-away events as part of their education plan, and requires minimum safety warning language on all SMDs. 10. Operations and maintenance This section contains minimum specifications for the SMDs, maintenance and recharging requirements, and communication requirements. The specifications include requirements, such as electric motors,brakes,head lights,GPS devices,etc. The maintenance requirements include regularly scheduled maintenance and keeping of maintenance logs. The communication requirements include maintaining a 24-hour customer service line,providing 1 https://www.culvercitypd.org/city-hall/city-govemment/city-departments/police/chief-of-police/organizational- chart 5 22 a company's project manager contact info to City staff, and providing mechanisms, such as a website and a mobile phone app, for users and the public to ask questions and/or report issues to the company. 11. Data The data section includes the minimum data sharing requirements and responsibilities for participating companies. These include a specific data format which is generally acceptable and used by over 60 public agencies in the country, a specific software program to allow cities to view and organize the data, monthly reporting, and sharing of data with the public on the company's website. In addition, the section requires companies to share region-wide data with city partners, such as the LA County and the South Bay COG. The shared data would include the number of trips,beginning and end points of each trip, length of each trip, heat maps showing areas of high and low use, complaints, crashes, and damaged or lost SMDs. 12. Experience and qualifications This section requires companies applying for a City permit to submit a description of their experience, qualifications, and references to the City for review and approval. 13. Insurance and indemnification This section sets the minimum insurance and indemnification requirements for shared mobility companies. Companies applying for a City permit would be required to submit minimum liability insurance of$2 million and indemnify the City,its employees and officials from any claims or suits related to a pilot program permit. This section also requires companies to submit their"End-User"agreements to the City for review to ensure it contains liability waiver language covering the City. 14. Permit application requirements This section lists all the material,information and fees that a shared mobility company would submit for review and approval before a City issues a permit to operate. 15. Fees While each City is able to set its fees based on its unique needs or circumstances,this section establishes the types of fees that could be assessed from participating companies and recommended ranges for the fees. The intent is provide certain level of consistency in fees for companies operating in multiple neighboring jurisdictions. The types of fees in shared mobility programs include the following: a) Application fees, which pay for processing shared mobility permit applications. b) Permit fees, which pay for issuing permits and administering a shared mobility permit. c) Fees per SMD or per ride, which supplement permit fees and pay for administering permits and enforcing rules and regulations. d) Performance bonds and/or deposits, which pay for unexpected costs or damage to City property. An example may be if a permit is revoked and the City incurs costs to remove an operator's fleet for the public right-of-way. e) Impound fees, in cases that the City has to remove SMDs that are improperly parked or abandoned. 6 23 The intent of these guidelines is to provide a consistent regulatory framework for shared mobility companies across the South Bay region. A common set of rules will benefit the riders, the companies, and the participating cities. They will ensure that users riding SMDs from one City to another observe the same rules of the road or parking requirements from city to city. Common rules will ensure companies operating in two adjacent jurisdictions can submit similar application materials, insurance, data and fees to operate in both jurisdictions. Ultimately, this consistent regulatory framework is necessary for a pilot program and shared mobility services to succeed across the South Bay region. The draft Shared Mobility Guidelines address the concerns raised by the City Council in August and the concerns raised by the public in two public surveys performed since last July. A South Bay regional pilot program City staff,neighboring cities,and the South bay COG have developed a proposal for a region-wide shared mobility pilot program. The process would include the following components: 1. Cities opt in to a South Bay regional shared mobility pilot process Cities interested in a shared mobility pilot program would take action at the City Council level to opt-in to a process, detailed below, for a South Bay regional shared mobility pilot program that is based on the draft guidelines. 2. Request for Qualifications (RFQ) Once the proposed network of participating cities is identified,the next step in the process will be the release of a RFQ for companies interested in participating in a South Bay regional shared mobility pilot program. Interested companies would submit their qualifications/proposals based on the South Bay shared mobility guidelines and additional information contained in the RFQ. South Bay COG staff has proposed preparing and releasing the RFQ on behalf of, and using input from, each participating city. 3. Evaluation and ranking of top companies A committee of South Bay COG staff and representatives from each participating city would review the qualifications of responding companies and rank the top companies that would then be invited to apply for permits from each participating city. 4. Invitation for applications Participating cities would invite the most responsive companies to submit applications for pilot program permits in each City. Company applications would have to comply with the shared mobility guidelines and any other city-specific requirements. 5. Permit issuance/Launch of pilot program Permits under the program would be for a 12-month period, but reviewed on an ongoing basis and revocable at any time at the City's discretion. In addition to the broader shared mobility guidelines, the permits would contain city-specific conditions, such as the permitted service area, restricted/prohibited areas, identification of specific parking areas, the minimum and maximum fleet sizes, etc. The participating cities would coordinate the timing of the pilot program launch, so service could begin at the same time in all participating cities. 7 24 6. Post launch After a pilot program launch,South Bay COG staff and staff from participating cities would evaluate the pilot program on a monthly basis. Staff would provide quarterly reports the City Council or upon request. The South Bay COG would collect and share region-wide data on the pilot program. The general public and users of shared mobility services would be surveyed to gauge public attitudes and get input on ways to improve the program. The guidelines and permit rules would change along the way to address issues that come up. Operators not abiding by the rules would have their permits suspended or revoked. The South Bay COG role For the past year, the South Bay COG has been coordinating with several South Bay cities and assisting in the development of the shared mobility guidelines. The South Bay COG proposes to retain a role going forward by a) preparing and releasing the RFQ for the pilot program, b) participating in the review and ranking of RFQ responses, c) coordinating the launch of the pilot program, d) participating in post launch pilot program reviews, and e) collecting, reviewing, and sharing region-wide data submitted by participating companies. The South Bay COG anticipates that its role in preparing and releasing and RFQ and its post-launch role will come at a cost. The cost is anticipated to be approximately $3,000 for each participating city. Staff is requesting the City Council's direction on whether to contribute funding to the South Bay COG for this purpose. It is anticipated that permit related fees on companies would help reimburse the City for this cost. The participating cities Staff from the cities of Redondo Beach, Hermosa Beach, and Manhattan Beach -along with El Segundo-have been the primary participants in developing the shared mobility guidelines and the proposal for a regional pilot. Those three cities currently have formal bans in place until rules/regulations for a pilot program can be developed. Staff in these three cities are planning presentations to their respective Councils in March and April to receive direction on a common pilot program. Other cities in the South Bay area are occasional participants in this effort and have adopted a"wait and see" approach. Conclusion /Next steps Shared mobility services can have benefits, including traffic congestion relief, alternative active transportation options, and vehicle pollution and GHG emissions reductions. These services can also have an economic benefit by providing a convenient way for businesses,their employees, and residents to travel within the City. The proposed guidelines address the concerns previously expressed by the City Council and El Segundo residents/stakeholders and represent the best practices in the field of shared mobility. If the Council directs staff to proceed with the proposed regional approach to a shared mobility pilot program, staff will undertake the following actions: 1. Take input from the City Council and the public and work with the South Bay COG and neighboring cities to finalize the share mobility guidelines. 8 25 2. Work with the South Bay COG to draft and release an RFQ to shared mobility companies. 3. Bring an ordinance for Council consideration amending the ESMC, to authorize the regulation of shared mobility services and adopt general regulations on shared mobility devices. 4. Bring a resolution for Council consideration with recommended fees for shared mobility permits. 5. Following the conclusion of the REQ process, staff will bring an item to Council with the ranking of companies and request authorization to invite the most responsive companies to submit applications for permits. Recommendation Staff respectfully requests City Council direction on: 1) Opting in to a regional shared mobility pilot program in coordination with the South Bay COG and neighboring cities; 2) Cost-sharing for a South Bay COG RFQ and coordinating role as described in this report; 3) Proceeding with an ordinance to amend the Municipal Code to authorize and set broad regulations for a shared mobility pilot program and shared mobility devices; and 4) Proceeding with a resolution to set fees for shared mobility services and permits. 9 26 DRAFT (03/11/2019) GUIDELINES FOR A SHARED MOBILITY PILOT PROGRAM 1. PURPOSE This Program regulates Shared Mobility Devices, defined below, in the City of The operation of a Shared Mobility Device (SMD) is a privilege, not a right. For a company to offer SMDs for commercial purposes in the company owning or offering them must obtain a Program permit. Companies must certify to the City of that all SMDs have met all applicable certifications and operating requirements. A failure to comply with the applicable City Code provisions, this Program, and all permit conditions is subject to an assessment of civil penalties and suspension or revocation of the company's permit by the City Manager or designee. The City of is planning a 12-month pilot for the regulation of Shared Mobility Devices beginning in Summer of 2019 ("the Pilot Period"). The Pilot Period will help the City determine whether SMDs can support the City's policy goals. While these Program requirements may remain in effect beyond the end of the Pilot Period, the City only intends to provide permits to companies for the Pilot Period. If a permanent permitting program is implemented, these requirements will be updated accordingly. a) For the duration of the Pilot Period, the City Manager or designee may issue multiple, independent permits and will determine the number of overall permitted SMDs and permitted SMDs per Permittee throughout the Pilot Period. Throughout the Pilot Period, Permittees will be expected to report on and mitigate impacts as described in this Program. The City Manager or designee may update the Program requirements or terminate the Program at his discretion at any time and shall give adequate notice of such updates. b) Policy Goals. SMDs should contribute to: L Reducing private motor vehicle use and congestion. ii. Preventing fatalities and injuries on the transportation system. iii. Expanding access for underserved communities. iv. Reducing air pollution, including climate pollution. 1 27 DRAFT (03/11/2019) c) The provisions in this Program, but do not replace, any provisions in Municipal Code. In case of a conflict, the Municipal Code will prevail over this Program. c) SMD fees, surcharges and penalties will be placed in a New Mobility Account to be used by the City for administration and enforcement; evaluation; safe travel infrastructure; and expanded and affordable access. 2. AUTHORITY These rules are authorized by, and implement, in relevant part, the following the Federal Law, State Law, and Municipal Code provisions, as may be amended from time to time: a) Under the California Constitution, a city has both the power and duty to keep its streets and other public property open and available for the purpose to which they are dedicated (Tobe v. City of Santa Ana (1995) 9 Cal. 4th 1069). b) Further, the City council may prohibit and prevent encroachments on, or obstructions in or to, any sidewalk, street, alley, lane, court, park, or other public place, and may provide for the removal of the encroachment or obstruction (Gov. Code, § 38775) c) Further, the City has obligations under the federal Americans with Disabilities Act to ensure that the City's sidewalks remain generally accessible to and usable by individuals with disabilities (City of Sacramento v. Badern (2003) 537 U.S. 1231). d) Municipal Code § 9-2-1 requires a permit for any work or encroachment in the public right-of-way. 3. DEFINITIONS "Abandon" shall mean leaving an item unattended for 72 hours or longer. "ADA Ramp" means a combined ramp and landing to accomplish a change in level at a curb in order to provide access to pedestrians using wheelchairs. "Applicant" means an entity that formally applies for the Shared Mobilitv Device Pilot Proqram permit but has yet to obtain a permit. 2 28 DRAFT (03/11/2019) "Charger" means an employee, agent or contractor of the Operator or Permittee that 1) collects SMDs daily for the purpose of inspecting and charging their batteries, and 2) redeploys the SMDs at designated locations according to the approved deployment plan. "City" means the City of "Crosswalk" means any Crosswalks either "marked" or "unmarked". A "marked crosswalk" is any portion of a roadway at an intersection or elsewhere that is distinctly indicated for pedestrian crossing by lines or other markings on the surface of the roadway. An "unmarked crosswalk" is the imagined extension of a sidewalk or shoulder across a street at an intersection. An unmarked crosswalk exists at all intersections unless specifically marked otherwise. "Customer" means a person or organization that buys a mobility service from an Operator. "Director" shall mean the Director of Planning and Building Safety or designee. "Landscaping/Furnishings Zone" means a linear portion of the Sidewalk Corridor, adjacent to the curb that contains elements such as street trees, signal poles, street lights, bicycle racks or other street furniture. This area does not include the width of the curb zone that can be as wide as 6 inches. "Operator" shall mean any person or business entity selected by the City to participate in the Program pursuant to these rules. "Pedestrian Plaza" means pedestrian areas designated by the City. "Permittee" means the person or business entity that is the named holder of a permit issued pursuant to this Program. "Program" means the Shared Mobility Device Pilot Program within the City "Public Area" shall mean any outdoor area that is open to the public for public use, whether owned or operated by the City or a private party. "Public Park" means and includes public parks, public playgrounds, public recreation centers or areas and other public areas created, established, designated, maintained, provided or set aside by the City for the purposes of public rest, play, recreation, enjoyment or assembly, and shall include all buildings and structures located thereon or therein. 3 29 DRAFT (03/11/2019) "Public Right-of-Way" shall mean any public alley, parkway, public transportation path, roadway, sidewalk, or street that is owned, granted by easement, operated, or controlled by the City. "Service Area" shall mean the Public Right-of-Way within the City's boundaries, with the exception of areas the City specifically restricts or adds. "Shared Electric Assist Bicycle (Shared E-Assist Bike)" means a "Class 1 or"Class 2 electric bicycle as defined in CVC Section 312.5. "Shared Electric Scooter (Shared Scooter)" means a vehicle that: 1. Is designed to be operated on the ground with a wheel diameter no greater than 16 inches; 2. Has handlebars and a foot support or seat for the User; 3. Can be propelled by an electric motor or human propulsion; and 4. Is made available for rental or public shared use in the public Right-of-Way by an Applicant or Permittee. "Shared Mobility Device (SMD)" shall mean any transportation device by which a person can be propelled, moved or drawn, that is displayed, offered or placed for rent in any Public Area or Public Right-of-Way. This includes Shared Bicycles, Shared Electric Assist Bicycles (Shared E-Assist Bikes), Shared Electric Scooters, and similar devices as determined by the City. This definition excludes car share vehicles, taxicabs, and similar motor vehicles. "Shared Mobility Parking Zone (SMP Zone)", also called a "Drop Zone," is a designated area in the approved deployment plan and parking plan where an Operator or Permittee may deploy and where Users may park SMDs. The City may designate SMP Zones in the Public Right-of-Way, Public Parks, other public property, and on private property, and require their physical demarcation through signage, pavement markings, charging stations and/or bike racks. "Sidewalk Corridor" means a passageway typically located within the Public Right- of-Way between the face of the curb or roadway edge and the property line. The Sidewalk Corridor contains two distinct zones: the Furnishings/Landscaping Zone and the Through Pedestrian Zone. "Street" means all that area dedicated to public use for public street purposes including, but not be limited to, roadways, parkways, alleys, and excluding the Sidewalks Corridor. 4 30 DRAFT (03/11/2019) "Through Pedestrian Zone" means the minimum clear area on each Sidewalk Corridor intended exclusively for pedestrian use. The minimum width of the Through Pedestrian Zone is defined in this Program as a minimum of 4 feet on Sidewalk Corridors at least 8 feet in width and a minimum of 6 feet on Sidewalk Corridors at least 10 feet in width.) "User" means the person who is in actual physical control of a SMD. 4. DEPLOYMENT Applicant shall provide a Deployment Plan for each type of SMD to be deployed to the City for review and approval before permit issuance. a) Deployment Plan. The plan must include at a minimum the following: i. The number and type of SMDs to be deployed initially. ii. A map of SMD deployment locations, including initial and subsequent daily deployments. iii. The number of SMDs to be deployed at each deployment location. iv. A map of the Service Area, including any restricted or prohibited operational/deployment zones. v. A description of the phasing/schedule of the initial and subsequent deployments. vi. The number of employees and contractors involved in deploying and retrieving SMDs (Chargers). vii. A description of policies and training of employees and contractors involved in deploying and retrieving SMDs. These policies and training must cover at a minimum the following: • Observance of vehicle code, traffic laws, and parking restrictions • Observance of City noise and nuisance regulations • Respect for private property ■ A schedule/hours of SMD deployment and retrieval operations. • Professional conduct with other employees/contractors and the public • Enforcement of the above policies/training viii.A description of the SMD transportation method to the deployment locations. ix. A schedule/hours of SMD deployment and retrieval operations. b) Deployment rules 5 31 DRAFT (03/11/2019) i. Parking. SMDs must be deployed in compliance with the parking requirements in this Program. ii. Service Area. SMDs must be deployed within the approved Service Area, excluding any restricted areas. iii. Daily Redeployment. The Operator must make a reasonable effort to redeploy the number of SMDs as per the approved Permit to the designated deployment locations on a daily basis. This includes SMDs that leave the City limits/Service Area during operations. iv. An Operator shall repair any inoperable or unsafe SMD before returning it into service. v. The Operator must accommodate City requests for surges or reductions in deployment during certain seasons and/or events. The City shall notify and coordinate with the Operator at least two weeks in advance. vi. Response Times. Operator shall respond to requests for rebalancing, reports of incorrectly parked SMDs, or reports of unsafe/inoperable SMDs by relocating, re-parking, or removing SMDs after receiving notice from the City, User, or the general public based on the following times: 7 am to 10 pm daily - within one hour of receiving notice all other times - no later than 8 am of the next service day c) Notifications and changes to the deployment plan. The deployment plan is anticipated to change dynamically over the course of the pilot program. This subsection identifies the process to make such changes and the required notifications. i. At the time of permit issuance, the City shall designate the date of the initial deployment. ii. The City reserves the right to make changes to the deployment plan, including, but not limited to, the Service Area, deployment locations, and fleet size, at its discretion. It shall notify the Operator in writing and the Operator must implement the changes within one week, unless the City grants additional time for the Operator to comply. iii. The Operator may request changes to the deployment plan in writing by submitting an updated deployment plan. The City shall promptly review and approve the requests at its discretion. iv. The Operator may not increase the size of the deployed SMD fleet without notifying and receiving prior approval from the City. d) Evaluation of the deployment plan. The City evaluation of the deployment plan will include, but not be limited to, the following factors: i. How the deployment covers the entire service area 6 32 DRAFT (03/11/2019) ii. How the deployment covers high priority areas designated by the City (high employment areas, transit areas, disadvantaged communities, etc.) iii. The extent to which deployment on sidewalks is avoided and deployment on private properties is emphasized. iv. The number of employees and contractors involved in deployment and retrieval. v. The scope of the policies and training of employees and contractors involved in deployment and retrieval operations. vi. How the schedule/hours of deployment and retrieval operations affect rush hour traffic and respect noise and nuisance regulations, particularly in residential areas. 5. PARKING Applicant shall provide a "Parking Plan" to the City for review and approval. a) Parking Plan. The plan must include, but not be limited to, the following: i. A map of the permitted parking locations for SMDs (such as the designated SMP zones or the "Landscaping/Furnishings Zone"); ii. The SMD capacity of each parking location; iii. Methods to incentivize Users to park safely and correctly in accordance with the Program requirements; and iv. The Parking Plan must comply with the General Parking Requirements and Parking Locations below. b) General Parking Requirements. i. SMDs shall be upright when parked; ii. SMDs shall not be parked in landscaped areas in the Public Right-of-Way. They may only be parked on hard surfaces (concrete, asphalt, etc.) iii. SMDs shall not be parked in such a manner as to: • Violate California Vehicle Code section 21235(1) or the City of Municipal Code; • Impede the regular flow of travel in the Public Right-of-Way or the clearance on sidewalk needed for Americans with Disabilities Act (ADA) compliance; ■ Be parked at the corners of sidewalks nor at any crosswalk, curb ramp, or within any feature that serves as an accessible element such as landings, areas of refuge, detectable warning surfaces, or any other physical feature that may be required for mobility; 33 DRAFT (03/11/2019) • Impede or interfere with the access to parked vehicles, disabled parking zones, or any other accessible route that would otherwise create a barrier to accessibility; ■ Impede or interfere with the access to parklets, loading zones, or red curb zones; • Block or interfere with reasonable use of any fire hydrant, call box, or other emergency facility; or utility pole or box; traffic signal controller cabinet; news rack, or parking meters/pay stations; • Impede or interfere with the reasonable use of any commercial window display or access to/from any building or driveways; ■ Be parked on private property except as permitted by the property owner and the City's rules and regulations; and Block or interfere with the use of the following transit-related user infrastructure, such as: transit signs, bus stops, benches, shelters, passenger waiting areas, bus layover and staging zones, etc. c) Private Property Locations: i. It is the City's goal to maximize SMD parking locations on private property. The City encourages the Operator to identify SMD parking locations on private property as part of its Parking and Deployment Plans. Operator must coordinate with the City and private property owners during permit process. To the extent Operator desires to deploy or park SMDs on private property, the Operator must first obtain the right to do so from the property owner and shall communicate this right to Users through signage approved by the respective entity and/or through a mobile phone or web application. d) City Property Locations i. Unless specifically stated on the permit and/or unless specific SMP Zones are designated, parking on City property (e.g. parks, plazas, parking lots, the Civic Center, or transit stations) outside the public right-of-way is prohibited. ii. The City may designate specific SMP Zones on public property where Operator's SMDs must be parked. iii. If the City authorizes SMD parking on City property, Operator shall communicate this right to Users through physical signage approved by the City and/or through a mobile phone or web application. e) Sidewalk Corridor Locations: SMD parking is permitted on Sidewalk Corridors that are at least 8 feet in width. i. On Sidewalk Corridors at least 10 feet in width, SMDs maybe parked within the Landscaping/Furnishings Zone provided that: 8 34 DRAFT (03/11/2019) • An 18-inch-wide clear space is maintained from the curb face • A 6-foot-wide clear Pedestrian Through Zone is maintained and • A 15-foot minimum distance is maintained from street corners and pedestrian ramps (from Begin Curve or End Curve points) ii. On Sidewalk Corridors at least 8 feet, but less than 10 feet, in width, SMDs may be parked within the Landscaping/Furnishings Zone provided that: ■ An 18-inch-wide clear space is maintained from the curb face • A 4-foot wide clear Pedestrian Through Zone is maintained and • A 15-foot minimum distance is maintained from street corners and pedestrian ramps (from Begin Curve or End Curve points). iii. SMD parking is prohibited on Sidewalk Corridors less than 8 feet wide. iv. The City reserves the right to entirely prohibit parking in the Landscaping/Furnishings Zone and instead designate specific SMP Zones. v. The City may designate specific SMP Zones where SMDs may be deployed or parked. SMP Zones may be distributed on individual blocks in the City (e.g. one on each block), or on specific streets; vi. The City reserves the right to prohibit SMD parking in large sections of the City beyond individual blocks or streets. The permitted and prohibited parking areas shall be identified in the approved Parking Plan. City and Operator will work in good faith to determine the permitted and prohibited parking areas and any SMP Zones so as to be convenient for public access and consistent with the purpose of the Program. vii. Permitted outdoor dining areas and/or retail display areas in the Sidewalk Corridor pursuant to properly issued encroachment permits shall take precedence over SMD parking locations and/or SMP Zones, to maintain the minimum required Through Pedestrian Zone. viii.Operator must abide and reasonably ensure that Users abide by the general parking requirements in this Program through User education about applicable regulations. f) On-street Locations i. Unless authorized by the City, Operator and Users shall not deploy or park SMDs on the street. ii. The City in its sole discretion may designate SMP Zones on the street. iii. If the City authorizes SMD parking on the street, Operator shall communicate this right to Users through physical signage approved by the respective entity and/or through a mobile phone or web application. iv. Operators shall ensure their SMDs are not parked in a way that impedes the regular flow of vehicular travel in the Public Right-of-Way. 9 35 DRAFT (03/11/2019) 6. FLEET SIZE AND MIX a) Applicant must indicate the proposed initial and maximum total fleet size and SMD mix (bicycles, E-assist bikes, scooters, etc.) on the Program application. The City shall set the fleet minimum and maximum limits, the preferred mix of SMDs, and shall indicate them on the approved Permit. Additional SMDs may be added to the fleet at the discretion of the City Manager or designee. Changes to the size of the fleet may be based on, but not limited to, ridership data, such as the average rides per day per device. The applicant shall provide regular reports indicating fleet usage levels and other data requested by the City (see section 10 regarding Data requirements). Fees. If any changes in fleet size are approved, Operators will submit a permit addendum with revised fleet size and SMD mix and pay the required applicable fees per SMD. 7. EDUCATION a) Education. Operator must submit a General Public and User Education,Plan ("Education Plan") to the City for review and approval before the City issues a permit. The Education Plan must include, but not be limited to, the following: i. How the Operator will educate Users about the approved Service Area and any restricted areas. ii. How the Operator will educate Users about riding safety, roadway regulations, and local rules upon initial sign-up. This may include, but not be limited to, posting safety information on each SMD, on Operator's phone app and its website. iii. How the Operator will educate Users about riding safety, roadway regulations and local rules before a User begins a ride, such as displays of safety messages on Operator's phone app. iv. How the Operator will regularly educate Users about riding etiquette and parking rules. This may include phone notifications, education events, helmet giveaways, etc. v. How the Operator will educate to the general public regarding riding safety, roadway regulations, local rules, and ways the public can communicate with the Operator to offer suggestions and report problems. vi. How the Operator will offer English and Spanish communications as part of its outreach and education efforts. 10 36 DRAFT (03/11/2019) 8. ENFORCEMENT a) Enforcement i. Applicable Regulations. The City will enforce the California Vehicle Code, the Municipal Code, Program requirements and Permit conditions. ii. Enforcement Approach. The enforcement program will include an escalated enforcement strategy that in most cases will begin with a written warning/advisement to comply without being subjected to fines/penalties. In some cases, depending on the nature of the violation, enforcement could begin with the imposition of fines/penalties. iii. Ongoing Permit Review. The City will, on an ongoing basis, compile and review records of warnings, citations, accidents, complaints, calls for service, and other records related to this Program. Based on these records and data submitted by the Operator the City will evaluate Operator performance, impacts on City staffing and costs, and safety impacts on the community before continuing or renewing a Program Permit. iv. Repeated violations. Repeated violations of any of the operations, parking, education, or other requirements can be cause for permit revocation or program termination. v. Enforcement measures. Enforcement measures include, but are not limited to: • Written warnings and advisements to Operator and/or Users; • Citations. Authorized City personnel may issue citations to Users for violations of applicable regulations, such as riding on the sidewalk, not obeying stop signs, etc.; ■ Penalties/fines to Operators. Penalties/fines may be applied per violation in accordance with permit conditions; ■ Relocation. If an SMD is parked in violation of the parking requirements in this program, authorized City personnel may relocate it and notify Operator; • Impounding. If the Operator does not relocate, re-park, or remove an SMD within the timeframes specified in the approved Deployment Plan, or any SMD is parked in one location for more than 72 hours without moving, City crews may remove it and take it to a City facility for storage at the expense of the Operator; • Private Property Removal. Upon request, the City may, relocate or impound SMDs parked on private property improperly and/or without permission. ■ Permit suspension or revocation. Grounds for suspending or revoking permits include, but are not necessarily limited to: 11 37 DRAFT (03/11/2019) - Failure to meet the terms and conditions set forth in the Program permit; - Failure to put SMDs into service within 30 days after the City issues a permit or the launch window identified in the permit; - Failure to share data as agreed and outlined in this permit; - Failure to remove SMDs incorrectly parked within one hour; and - Failure to move SMDs located outside of the Service Area or located in prohibited or restricted areas; and • Program termination. The City may terminate permit without cause at any time by written notice to Operator. Operator will have 30 days to remove fleet from the City. Operator shall remit any outstanding fees to the City no later than 60 days from the written notice of termination or City shall deduct outstanding fees from Operators' performance bond. vi. Waiver. The City's decision not to insist upon strict performance by the Operator of any provision of the permit in every one or more instances shall not constitute a waiver of such provision by the City, nor shall, as a result, the City relinquish any rights that it may have under the terms of the pilot program/the permit. vii. Program Modifications. The City may modify any elements of the Program and Permit conditions at its discretion. Operators will immediately be notified of Program modifications. Operators must comply with Program modifications within one week, unless additional time to comply is granted by the City. viii.Forfeiture of fees. If the City terminates a Program Permit, the applicant shall forfeit all Permit related fees and the City shall not issue any refund on a pro-rated or other basis. ix. User responsibility. Parking and operating violations of SMDs assessed against an Operator may be passed along to the responsible User. 9. SAFETY a) Operator SMDs must meet all applicable Federal and State regulations, including lighting during operation in darkness. b) E-assist bikes shall be "Class 1" or"Class 2" as defined in CVC Section 312.5. c) E-assist bikes and E-scooters shall have a maximum speed of 15 mph. d) Helmets. Operator must encourage helmet use and offer free helmets to Users as part of its Education Plan and/or upon initial sign-up. e) Rider age and driver's license. Operator must ensure that SMD Users must be at least 18 years of age and possess a valid driver's license. f) E-assist systems shall have visible warning language including: i. Helmet use is encouraged while riding a bicycle; 12 38 DRAFT (03/11/2019) ii. Riders shall yield to pedestrians; and iii. When riding on-street, follow the rules of the road, and City's rules/regulations E-scooter systems shall have visible warning language including: i. Helmet use is encouraged while riding an electric scooter; ii. Riders shall yield to pedestrians; iii. When riding on-street, follow the rules of the road, and City's rules; and iv. Riding on sidewalk is prohibited, except in order to access a permitted parking area. Operators must abide by the safety education requirements of the Program permit. 10.OPERATIONS AND MAINTENANCE a) Specifications and standards i. Operator must submit manufacturer's Vehicle specifications to the City; ii. All SMDs shall have operational brakes, head light, tail and side reflector, and security hardware; iii. Operator shall certify that all SMDs in the fleet meet the standards outlined in the California Vehicle Code as applicable; iv. All motorized SMDs shall be propelled by electric motors/batteries. No combustion engines are allowed; v. All SMDs shall be equipped with GPS; vi. All SMD batteries shall be UL certified; vii. SMD Identification. All SMDs must have a unique identifier that is readily visible to the User or the public; viii.All SMDs must be equipped with a locking mechanism to lock to a fixed object, or smart technology equipment to prevent theft; ix. All SMDs must have technology identifying that the SMD is upright and properly parked; x. The City reserves the right to require Operators to include a mechanism to lock SMDs to a fixed object at any time; and A. Marketing/Advertising on SMDs. Third-party advertising on the SMDs is prohibited. b) Communication i. Operator must attend an on-site meeting with City staff to discuss the program and demonstrate the SMDs to be deployed before the City issues a permit; ii. Operator must provide City staff a list of key personnel that will be doing work under a Program permit and 24-hour contact information for the primary contact person (project manager) for City emergency removal requests and other Program related issues; 13 39 DRAFT (03/11/2019) iii. Operator must provide mechanisms for Users and members of the public to report safety concerns, malfunctions, maintenance issues, illegal parking, complaints, to ask questions, or make relocation requests, including, but not limited to, a toll-free customer service phone number, an email address, and a mobile phone or web application; iv. All SMDs shall have the toll-free 24/7 customer service phone number and e-mail address, for the Users or members of the public to use; and v. Operator shall provide a staffed operations center in or within a reasonable distance from the City to allow for prompt response to safety concerns, malfunctions, rebalancing, illegal parking, and other complaints. c) Maintenance Operator must submit a Maintenance Plan to the City for review and approval. The Maintenance Plan shall include, but not be limited to, the following: i. Regular Maintenance. Operator shall perform regular, at a minimum monthly, maintenance on their SMDs. ii. Maintenance Schedule. Operator must submit a maintenance schedule including the required monthly maintenance to the City for review and approval. iii. Maintenance logs. Operator must maintain and make its maintenance logs and checklists available to the City upon request. iv. SMD storage/inspections. Operator shall retrieve and remove all of its SMDs from service every evening for inspection and to reduce street clutter. d) Recharging Plan. Applicants must submit a Recharging Plan for Shared Scooters and Shared E-Assist Bikes to the City for review and approval. The plan shall include, but not be limited to, the following: i. An explanation of how Operator knows when an SMD needs to be recharged. ii. Whether independent contractors will be used to charge scooters. iii. The incentive structure for charging SMDs and any information provided to contractors, or employees concerning safe charging practices. iv. A description of the charging process and/or procedure. v. A description of policies and procedures the operator will use to minimize potential negative impacts (such as parking, noise, traffic, pollution, etc.), associated with practices related to collecting, redistributing, and recharging scooters. e) Hours of operation. Applicants must indicate the proposed hours of operation (including any temporary or seasonal fluctuations) on their Program permit 14 40 DRAFT (03/11/2019) application for City review and approval. The City may at its discretion change the permitted the hours of operation and provide Operator adequate notice. 11.DAY Applicants must submit a Data Sharing Plan for review and approval by the City. The Data Sharing Plan shall include, but not be limited to, the following: Preferred Format/Specification. Operator must provide data for all device types to the City, and partners, in the General Bikeshare Feed Specification (GBFS), Mobility Data Specification (MDS) formats, or some other format as specified by the City, each through an application program interface (API). Application program interface. Operator must have an (API) or other automated mechanism that allows their services to be integrated into third- party mobility applications. GBFS must be made available to the public through the permittee's website. The MDS feed must be available to contracted city partners for the explicit purpose of program management. As such, these feeds must be consumable by third-party software. Dashboard. Permittee must maintain a dashboard for the City to use for program monitoring and compliance that displays MDS data. Data retention. Operator shall retain and make data available for the duration of the Program. Non-GBFS data consumed through the API by City specified third-party software providers shall not be publicly available without consent from the permittee. Format/Specification updates. The City may, in its sole discretion, release subsequent versions and/or updated versions of the Specification and require operators to use the most current version by releasing an automatic update and/or disabling support for the previous version. h) Monthly reports. Operator will additionally provide the City with monthly aggregated reports on system use, compliance, and other aspects of operations (including parking complaints, crashes, damaged or lost SMDs). In addition to report format, the aggregate data must also be provided in spreadsheet or comma-delimited format. i) In order to accurately convey scooter location, use patterns, and other information, all scooters shall ping, at a minimum every 90 seconds while in use. In order to ensure that scooter locations are known even when the scooter is not in use, all data shall be provided by GPS equipment that is affixed to the operator's scooter (e.g. not customer phones). This does not include phone-based location services information, used by customers, to locate a scooter or track their own personal route. 15 41 DRAFT (03/11/2019) Regional Partners. Operator shall share the same data and reports with designated regional partners, such as the South Bay Cities Council of Governments (SBCCOG). Non-compliance. If Operator is found to be misleading the City in any provided data, that operator's permit may be revoked. Confidentiality. Any raw data supplied by an Operator shall be held confidentially between the City and the Operator to the extent that is permitted by law. However, summaries, program utilization data, and trend data may be made public. Personally identifiable Information on Customers collected by Operators may not be transmitted to, processed or stored at a destination outside of the United States. The City is permitted to use all data the Operator provides in accordance with applicable law, including, but not limited to, displaying real-time data and real- time SMD availability data to the public. Third parties are permitted to republish any data the City publishes. During the Program, Operator shall distribute to its Users a City-provided customer survey on a quarterly or less frequent basis. Operator shall publish data summaries regarding service usage in the City through its website. User Protections. Operator must ensure customer data privacy and that Operator policies are in accordance with city data privacy policies and/or applicable law. i. Personally identifiable information shall not be shared with the City or any other entity; permittee shall ensure the privacy of its users. ii. Operator must provide a clear, written justification for why they need access to each type of customer files (e.g. contacts, camera, photos, location, other apps etc.) iii. Customers shall not be required to share personal data with 3rd parties (e.g. advertisers, investors etc.) in order to use the mobility services. iv. Customers shall not be required to provide access to their contacts, files and other private data to use the mobility service. v. Location services may be required to use the service for the purpose of locating nearby scooters, but not for providing trip-level data. vi. Operator must provide customers with clear, prominent notification about what data will be accessed (e.g. location services, camera, contacts, photos etc.) and explain how and why data will be used. Notification must be active (e.g. affirmative confirmation-required to continue) and should not be concealed in larger terms-of-service notifications. vii. Customers may opt-in (not opt-out) to providing access to their 16 42 DRAFT (03/11/2019) contacts, camera, photos, files, other private data and 3rd party data sharing. 12.EXPERIENCE AND QUALIFICATIONS Applicants for a permit under this program must submit a description of their experience and qualifications including, but not limited to, the following: Describe applicant's qualifications and experience operating shared mobility programs in North America. Describe the benefits to the City and the community from the operation of the shared mobility service by applicant's company including, but not limited to, the Program goals stated in section 1 of these guidelines. Describe how applicant has complied with applicable laws, including efforts to ensure compliance by its Users with applicable laws, and efforts to work in good faith with staff from other agencies with similar active programs. d) Provide up to three agency references from cities with similar active programs. 13.INSURANCE AND INDEMNIFICATION Insurance. a) Without limiting its obligations pursuant to Section 13.g, below and at all times during the term of this Program Permit and any use of the public right of way by Operator pursuant to this Program Permit, Operator shall procure and maintain the insurance coverage set forth below: i. Commercial General Liability ("CGL") Insurance coverage, at least as broad as ISO Form CG 0001 11 85 or 88, or equivalent, in the minimum amount of Two Million Dollars ($2,000,000) per occurrence, with not less than Four Million Dollars ($4,000,000) in annual aggregate coverage. The CGL policy shall have the following requirements: • The policy shall provide coverage for personal injury, bodily injury, death, accident and property damage and advertising injury, as those terms are understood in the context of a CGL policy. The coverage shall not be excess or contributing with respect to City's self-insurance, commercial liability insurance, or any pooled risk arrangements; ■ The policy shall include coverage for liability undertaken by contract covering, to the maximum extent permitted by law, Operator's obligation to indemnify the Indemnitees as required under Section 13.f of this Program Permit; • The policy shall not exclude coverage for Completed Operations, Hazards or Athletic or Sports Participants; and • Additional Insured and Notification of Policy Changes. The City of members of its City Council, its boards and commissions, officers, agents, and employees will be named as 17 43 DRAFT (03/11/2019) additional insureds in an endorsement to the policy, which shall be provided to the City and approved by the City Attorney. ii. Auto Liability Policy with limits of at least $1,000,000 combined single limit coverage for owned, hired and non-owned automobile liability; iii. If this Program Permit will include Operator personnel (employees, agents, or contractors) working within the City limits, Operator shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability insurance (with limits of at least one million dollars [$1,000,000] per accident.) Operator shall submit to City a list of its officers, agents, employees and volunteers. City may waive one or more of the coverages listed in Section 13.a, above. This waiver must be express and in writing, and will only be made upon a showing by the Operator that its operations in and with respect to City are not such as to impose liability within the scope of that particular coverage. All insurance listed in Section 13.a, above, shall be issued by companies licensed to do business in the State of California, with a claims paying ability rating of "BBB" or better by S&P (and the equivalent by any other Rating Agency) and a rating of A-:VII or better in the current Best's Insurance Reports. Operator shall provide City with at least thirty (30) days prior written notice of any modification, reduction or cancellation of any of the Policies required in Section 13.a or a minimum of ten (10) days' notice for cancellation due to non- payment. e) City may increase the scope or dollar amount of coverage required under any of the policies described in Section 13.a, or may require different or additional coverages, upon prior written notice to Operator. f) Technology Errors and Omissions; Cyber Liability. Permittees shall maintain liability insurance covering acts, errors, or omissions, including negligent acts, arising out of the performance or failure to perform professional services related to the Products and Services under the permit. The Permittee shall maintain insurance that shall cover any and all claims and losses with respect to data, network risks, and infringement of Intellectual Property Rights. Such insurance shall include limits of coverage of not less than $2,000,000.00 (two million U.S. dollars) written on a per occurrence basis. If coverage is written on claims- made basis, coverage shall remain in effect for not less than three years following the date of termination or expiration of the permit. Evidence of coverage must be sent to the City for three years following termination or expiration of the permit. 18 44 DRAFT (03/11/2019) Indemnification g) Operator shall defend (at Operator's sole expense, with legal counsel approved by City, with such approval not to be unreasonably withheld or delayed), indemnify and hold harmless the City, members of its City Council, its boards and commissions, officers, directors, employees, agents, servants, successors, assigns and subsidiaries (collectively "the Indemnified Parties"), from and against any and all losses, damages, liabilities, penalties, fines, forfeitures, demands, claims, causes of action, suits, costs, expenses and reasonable attorneys' fees and judgments arising out of or in any manner related to this Program permit, including, but not limited to loss or damage to persons or property, arising out of or in any way related to Operator's use of the public space, public right-of-way, or public property . This indemnification includes, but is not limited to, tort liability to a third person for bodily injury and property damage. Operator agrees that this obligation to indemnify, defend and hold harmless extends to liability and/or claims arising from Indemnified Parties' active or passive negligence. Notwithstanding the foregoing, nothing herein shall be construed to require Operator to indemnify an Indemnified Party from any claim arising from the sole negligence or willful misconduct of that Indemnified Party. The duty to defend referenced herein is wholly independent from the duty to indemnify, arises upon written notice by City to Operator of a claim within the potential scope of this indemnification provision, and exists regardless of any determination of the ultimate liability of Operator, City or any Indemnified Party. User Waiver of Liability h) Operator must include agency liability waiver language in its end-user agreement, which shall include the following terms and conditions of use: i. User must be at least 18 years of age; ii. User must be in possession of a valid driver license; iv. User must agree to the liability waiver covering all SBCOG cities contained in the Operator's end-user agreement; v. User must agree to comply with the California Vehicle Code and all applicable local regulations, which shall be provided by Operator to all Users, prior to use of SMDs. 14.PERMIT APPLICATION REQUIREMENTS. Operator must apply for a Program permit to operate in the City and must provide the following. a) Permit requirements: 19 45 DRAFT (03/11/2019) i. Experience and qualifications ii. Indemnification iii. Insurance iv. Business License v. Contact information (phone and email) vi. SMD fleet size and mix vii. Deployment Plan viii.Maintenance Plan ix. Parking Plan x. Education Plan A. Data sharing plan xii. Fees The City may modify Program Permit requirements at its discretion 15.FEES: The Program includes the following types of fees: a) An application fee, due at the time of application submittal; b) A permit fee, due before the City issues a permit; c) A fee per SMD, payable monthly or less frequently for the duration of the pilot program; and d) A performance bond/deposit, due before the City issues a permit. e) Impound fee f) Fines/penalties for violations of applicable rules and regulations The City will publish a fee schedule before accepting Program applications. 20 46 Bike and E -Scooter Survey "The City of EI Segundo, the South Bay Cities Council of Governments (SBCCOG), and neighboring cities are working to develop rules and regulations regarding shared mobility programs.A program of this nature would potentially provide a fleet of bicycles, electric bicycles, and/or electric scooters to the community as a local transportation option for short business and personal trips. Bike share programs first emerged in 2010 and are now found in nearly every major American city. These programs started with technology where bicycles had to be checked out and returned to a docking station. That technology has since evolved with many bike share programs offering bicycles via smartphone apps that can be self-locked, eliminating the need to return to a specific docking location and providing more flexibility across the system.In late 2017,electric scooters emerged as a new form of shared mobility equipment,where users can start and end a scooter ride through asmart-phone app. These scooters also have aself-locking technology that allows them to be checked out and parked at a wide range of locations. Your participation in this survey will allow local South Bay officials to evaluate how shared active transportation programs - like Bike and E-Scooters - could best be implemented to provide additional transportation choices while addressing safety, economics, and other concerns of the community. The responses you provide will help to assess the value of these programs and areas of concern to address in the development of program regulations. Thank you in advance,for your participation. Required shareWould you personally be interested in participating in a bike share or scooter • • • ■ Yes ■ No ■ Maybe 2. What is your home • •• - 3• Please tell us why you would participate (Select all that apply) ❑ It provides flexible transportation options ❑ It reduces the amount of time driving ❑ It's fun/healthy ❑ It's affordable ❑ It's convenient ❑ It's good for the environment ❑ I don't have to find a vehicle parking space 4• Other reasons why I would be interested in participating: 5. Please tell us why you would not participate in a bike share or scooter share program (Select all that apply) ❑ I'm concerned about being visible/safe interacting with other vehicles ❑ 1 prefer to use a personal motor vehicle or public transportation ❑ Use of new technology with an electric bicycle/scooter seems challenging ❑ Lack of infrastructure for bicycles/scooters ❑ It's not convenient ❑ I cannot/am not comfortable riding a bicycle/scooter ❑ I'm afraid I will be stranded or too late 6. Other reasons why I would not be interested in participating: 2 of 7 48 7. Would you support a Regional South Bay bike share program? ❑ Yes ❑ No ❑ Maybe 8• Why or why not? 9. Would you support a Regional South Bay scooter share program? ❑ Yes ❑ No ❑ Maybe 10. Why or why not? 11. What types of places would you go if you participated in a bike share or scooter share program? (Select all that apply) ❑ Place of employment ❑ Beach/Pier ❑ Leisure trips/Exercise ❑ School ❑ Errands/Appointments ❑ Parks ❑ Shopping centers 3 of 7 49 12. Other: 13. How often would you likely use bike share or scooter share equipment? (Select one answer) ❑ Very frequently—Multiple times a day ❑ Frequently—Once a day/a few times per week ❑ Somewhat Frequently—Once a week/a few times per month ❑ Infrequently—Once a month or less ❑ Never—I do not anticipate using a bicycle or scooter through a shared program 14. If a bike share or scooter share program were developed, what types of rules or regulations do you think should be covered? (Select all that apply) ❑ The maximum speed at which they can travel ❑ The use of electric assist/motorized equipment on bike and pedestrian paths ❑ The safe operation by users (wearing helmets,stopping at stop signs,following speed/walk zone regulations, impaired users) ❑ Abandonment of bikes or scooters blocking sidewalks/paths ❑ The maximum number of bikes/scooters and companies ❑ The number of bikes or scooters parked at bike racks or corrals ❑ Ability to access shared bicycles without a smartphone ❑ Ability for the City to received revenue from a permitted program ❑ Commercial use of the public right-of-way ❑ Impacts to local bicycle rental businesses ❑ Not applicable—I am not concerned about the operation of a bike/scooter share program 4of7 50 15. Where do you think bike/scooter share bicycles or scooters should be parked? (Select all that apply) ❑ At a bike rack or bike corral ❑ At a designated space on the street ❑ At a designated space on the sidewalk ❑ In a public park or open space ❑ On private property ❑ Anywhere that doesn't affect public safety ❑ Locked to a fixed object in the parkway 16. Other: 17. If you regularly take public transit, would you use a scooter or bike to connect to the transit stop? ❑ 1 don't regularly take transit ❑ I do, and would use a scooter or bike ❑ 1 do, but would not use a scooter or bike I& What is your work zip code? 5 of 7 51 19. Since most trips from home are no longer than a few miles, which of the following would you consider using (renting or buying) for taking those short trips? (Select all that apply): ❑ Scooter(push) ❑ Bike (pedal) ❑ E-scooter ❑ E-bike ❑ Segway ❑ Electric golf car 20. Electric scooters for rent - by the minute - have begun service in Santa Monica, and San Pedro; other South Bay cities are considering policies to introduce e- scooters to their communities. Can you foresee having interest in purchasing one? ❑ Yes ❑ No ❑ Maybe 21. What is your age? ❑ Under 18 ❑ 19-24 ❑ 25-34 ❑ 35-44 ❑ 45-54 ❑ 55-64 ❑ 65+ 6 of 7 52 22. What is your gender? Male ■ Female ■ Prefer not Thank you for taking this survey. You can turn in your completed survey at the following locations: 53 1. PLANNING AND BUILDING SAFETY DEPARTMENT -CITY HALL(350 MAIN STREET) r 2. EL 5EGUNDO LIBRARY—111 WEST MARIPOSA AVENUE 3. JOSLYN CENTER—RECREATION PARK(401 SHELDON STREET) ,� If you have questions about the survey, please contact Principal Planner, Paul Samaras at psamaras@else�undo.ore or (310) 524-2340 € � '`'-° .,t. BIKE AND E-SCOOTER SURVEY RESULTS El Segundo Maybe 29 13.18% No 100 45.45% Yes 90 40.91% Total 220 Please tell us why you would participate(top 2 reasons) Provides Flexible Transportation 106 86.89% Its fun 12 11.32% Please tell us why you would not participate in a bike share or scooter program(top 2 reasons) I am concerned about being visible/safe interacting with other vehicles 109 73.15% Lack of infrastructure for bicycles/scooters 77 51.68% Would you support a Regional South Bay bike share program Maybe 46 20.91% No 63 28.64% Yes 111 50.45% Total 220 Why or why not would you support a regional South Bay Bike share program? A wide range of opinions...almost everyone(pro or con)had something to say Would you support a Regional South Bay scooter share program? Maybe I 28 12.73% No 97 44.09% Yes 95 43.18% Total 220 What types of places would you go if you participated in a bike share or scooter share program?(rank order n=140) Leisure trips 116 82.86% Beach/Pier 108 77.14% Errands 85 60.71% Shopping centers 67 47.86% Place of employment 49 35.00% n 140 How often would you likely use bikeshare or scooter equipment? Very Frequently-Multiple times a day 6 2.73% Frequently-Once a day/a few times per week 33 15.00% Somewhat Frequently-Once a week/a few times per month 58 26.36% Infrequently-Once a month or less 33 15.00% Never-I do not anticipate using a bicycle or scooter through a shared Dro¢ram 90 40.91% Total 220 If a bike share or scooter share program were developed,what types of rules or regulations do you think should be covered?(percentage listed) The safe operation by users(wearing helmets,stopping at stop signs,etc.) 169 78.60% Abandonment of bikes or scooters blocking sidewalks/paths; 160 74.42% Maximum Speed 146 67.91% Use of electric vehicles on sidewalks 136 63.26% Ability for the City to receive revenue from permitting 128 59.53% n 215 Where do you think bikeshare bicycles or scooters should be parked?(Top 3 percentaged listed) At a bike rack or bike corral 134 67.68% Anywhere that doesn't affect public safety 127 64.14% At a designated space on the street 100 50.51% P1 198 If you rSp#ariy take public trwkwoulclypu use a scooter or bike to connect to the transit stop? I de but would not use a scooter or bike __ _ 22 11.22% 1 do,and would use a scooter or bike 24 12.24% f don't regularly take transit 150 76.53% n 196 DEMOGRAPHIC RESULTS Responents who live and work in EI Segundo 87 39.55% 54 BIKE AND E-SCOOTER SURVEY RESULTS AGE Female % Male % Under 18 2 0.93% 1 0.98% 1 1.03% 25-34 29 13.49% 15 14.71% 13 13.40% 35-44 55 25.58% 23 22.55% 29 29.90% 45-54 49 22.79% 24 23.53% 22 22.68% 55-64 33 15.35% 20 19.61% 9 9.28% 65+ 47 21.86% 19 18.63% 23 23.71% n 215 102 97 Gender Female 104 0.512315 Male 99 0.487685 Prefer not to spry 17 55 EL SEGUNDO CITY COUNCIL MEETING DATE: March 19, 2019 AGENDA STATEMENT AGENDA HEADING: Reports of Committees, Commissions and Boards AGENDA DESCRIPTION: Consideration and possible action to adopt a Resolution opposing new Off-Shore Drilling, including opposing new leases for oil and gas activities off the California coast pursuant to the federal government's proposed 2019-2024 National Outer Continental Shelf Program. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Adopt a Resolution to protect El Segundo's coast from offshore oil and gas drilling and exploration, in opposition to the proposed National Outer Continental Shelf Program; or, 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: Resolution Assembly Bill No. 1775 Senate Bill No. 834 FISCAL IMPACT: $0 Amount Budgeted: $0 Additional Appropriation: N/A Account Number(s): N/A STRATEGIC PLAN: Goal: 4 Develop Quality Infrastructure and Technology Objective: (a) El Segundo's physical infrastructure supports an appealing, safe, and effective City ORIGINATED BY: Jasmine Allen, Senior Management Analyst on behalf of they Environmental Committee REVIEWED BY: Ken Berkman, Director of Pu bli orks APPROVED BY: Greg Carpenter, City Manager x BACKGROUND AND DISCUSSION: The Environmental Committee: In May 2018, Oceana, the Surfrider lobbyist for protection of ocean and coastline who used to co-chair Surfrider Foundation in Santa Monica with now Mayor Drew Boyles, had approached 56 Tracey Miller-Zarneke, the Environmental Committee Chair, and had informed Chair Miller- Zarneke about a proposed resolution of no new offshore drilling. In June 2018, Chair Miller- Zarneke along with Environmental Committee Vice-Chair, Corrie Zupo, attended Oceana's meeting. Oceana had expressed they wanted the City of El Segundo to have a position on off- shore drilling. On January 11, 2019, the Environmental Committee unanimously recommended the City Council adopt a resolution opposing new off-shore drilling off the coast of California. This proposed resolution would establish a policy position for the City of El Segundo to align in its protection of the coastline from the dangers and damage that correlate to the expansion of offshore oil and gas drilling. President's Exnansion of Enervv Exploration and Production and California's Levislative Response: Management of the oil and gas resources of the Outer Continental Shelf (OCS) is governed by the federal Outer Continental Shelf Lands Act (43 U.S. Code § 1331 et seq.). Section 18 of the Outer Continental Shelf Lands Act calls for the preparation of a nationwide OSC oil and gas leasing program. The U.S. Department of Interior's Bureau of Ocean Energy Management (BOEM) is responsible for preparing the leasing program. In April 2017, President Trump issued Executive Order 13795, "Implementing an America-First Offshore Energy Strategy." The order states that it is U.S. policy to encourage energy exploration and production, including on the OCS, in order to maintain the Nation's position as a global energy leader while ensuring any such activity is safe and environmentally responsible. The order directed the Secretary of the Interior to revise the schedule of proposed lease sales of the OCS to include annual lease sales to the maximum extent permitted by law. In January 2018, the federal government moved to allow new offshore gas and oil drilling leases per the order. Under the draft plan, approximately 90 percent of federal waters off U.S. coastlines could be reviewed for possible leases with the oil and gas industry, in comparison with the approximately 94 percent that was previously off limits. The draft of the proposed 2019- 2024 National OCS Program is available at the following web link: httPs://www.bocrn.aovfNP- Draft-Proposed-Prouram-2019-2024/ In 2018, California adopted legislation prohibiting the State Lands Commission from entering into any new lease for construction of oil and gas-related infrastructure upon lands owned by the state. The bills, Assembly Bill No. 1775 (Muratsuchi) and Senate Bill No. 834 (Jackson and Lara) (attached) opposed the proposed National OCS Program, and were signed into law by Governor Jerry Brown in September 2018. The legislation seeks to block any expansion of off- shore drilling by prohibiting new leases for construction of oil and gas-related infrastructure, like pipelines or docks, which could be used to bring that oil to land. The proposed resolution would support the California Legislature's opposition to new leases for oil and gas activities off the California coast, and expresses support for a ban on new offshore oil and gas drilling and fracking in federal and state waters off the California coast. This proposed 57 resolution would establish a policy position for the City of El Segundo to align in its protection of the coastline from the dangers and damage that correlate to the expansion of offshore oil gas drilling. Burning the fossil fuels in these areas would contribute 49.5 gigatons of carbon dioxide pollution, the equivalent of the emissions from 10.6 billion cars driven for a year, deepening the climate crisis, according to an analysis by the Center for Biological Diversity bttus-//Nvww.biolQ�.�icaltlivel'sitv.orL,/hews/raress releases!20113/o(-fsliore-clrillirii-,-01-04-2018.1)itp, The Environmental Committee recommends the City Council adopt the proposed resolution, as at least 68 other cities such as Los Angeles and Malibu have: htto;IlEl5�3.QCec1E7a.Qr��l}ciCl1'iC- drilling.. 58 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF EL SEGUNDO, CALIFORNIA, TO PROTECT OUR COAST FROM OFFSHORE OIL AND GAS DRILLING AND EXPLORATION, IN OPPOSITION TO THE PROPOSED 2019-2024 NATIONAL OUTER CONTINENTAL SHELF PROGRAM THE EL SEGUNDO CITY COUNCIL RESOLVES AND FINDS AS FOLLOWS: SECTION 1: Recitals: A. The City of EI Segundo and its visitors enjoy California's beaches and the Pacific Ocean for recreational, commercial, and educational activities, all of which support our local economy; B. The City of EI Segundo's residents value our state's ocean and coastal waters, which provide habitat to a vast array of wildlife, including fish, whales, sea turtles, and birds that depend on a healthy and clean environment; C. New federal offshore oil and gas leases have not been granted off the coast of California since 1964; D. The U.S. Department of Interior's 2017-2022 Five-Year Outer Continental Shelf(OCS) Leasing Program adopted as of November 18, 2016 contained no restrictions on offshore drilling along the Pacific Coast; E_ Offshore oil and gas drilling and exploration off the Pacific coast puts coastal resources, and the communities and industries that depend on them, at risk from oil spills and other damage; F. Pipeline and offshore drilling have caused catastrophic economic and environmental damage in the past; G. Opening new areas off the Pacific coast to offshore drilling will perpetuate the dependence on fossil fuels; H. California recognizes that instead of prioritizing new oil and gas development, the nation can thrive by championing renewable energy, which creates, jobs, bolsters the economy, and protects the coastline, resources, and marine wildlife from a catastrophic oil spill; I. California continues to pioneer clean, renewable energy, in accordance with regulatory measures that include S13100; 1 59 J. Increasing the State's renewable energy portfolio is a key strategy to fight climate change and reduce greenhouse gas emissions; K. California is a founding member of the International Ocean Acidification Alliance to Combat Ocean Acidification, which identifies, coordinates, and expands meaningful and timely actions to combat ocean acidification and highlights the urgency of reducing greenhouse gas emissions; L. California has made significant social and financial investments to create the nation's first science-based network of Marine Protected Areas (MPA) to protect marine life and habitats which safeguards ecosystems and economic activities that rely on a healthy ocean—including tourism and commercial fishing—and supports the state's thriving $44 billion ocean economy; M. Activities occurring beyond California's three-mile boundary in federal waters can influence and impact protected marine mammal species that use State waters to feed, breed, and migrate; N. The state of California prohibited new oil and gas leasing in state waters due to the unacceptably high risk of damage and disruption to the marine environment; and, O. The Governor of California, the Attorney General, the State Senate, the State Lands Commission, the California Coastal Commission, the California Department of Fish and Wildlife, along with over 60 California municipalities, have taken a stand against new federal offshore oil and gas leases in the Pacific Ocean. SECTION 2: The City Council hereby resolves that the City of EI Segundo (1) opposes new leases for oil and gas activities off the coast of California, (2) opposes policy to encourage energy exploration and production on the Outer Continental Shelf, (3) opposes new federal oil and gas leasing off the Pacific coast, (4) supports a ban on new offshore oil and gas drilling, fracking, and related techniques in federal and state waters off the California coast. SECTION 3: The City Clerk is directed to forward a copy of this Resolution to Governor Newsom, U. S. Senators Feinstein and Harris; U.S. Representative Lieu; State Senator Allen; State Representative Burke; and any other interested parties. SECTION 4: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. SECTION 5: The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of said City; and will make a minute of 2 60 the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED AND ADOPTED this day of March, 2019. Drew Boyles, Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of EI 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 day of March 2019, 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 3 61 CALIFORNIA LEGISLATURE-2017-18 REGULAR SESSION ASSEMBLY BILL No. 1775 Introduced by Assembly Members Muratsuchi and Lim6n (Principal coauthor: Senator Jackson) January 4, 2018 An act to add Section 6245 to the Public Resources Code, relating to state lands. LEGISLATIVE COUNSEL'S DIGEST AB 1775, as introduced, Muratsuchi. State lands: leasing: oil and gas. Existing law vests exclusive jurisdiction over ungranted tidelands and submerged lands owned by the state to the State Lands Commission. Existing law confers the powers of the commission as to leasing or granting of rights or privileges to lands owned by the state upon a local trustee of granted public trust lands to which those lands have been granted. Existing law authorizes the commission to let leases for the extraction of oil and gas from coastal tidelands or submerged lands in state waters and beds of navigable rivers and lakes within the state in accordance with specified provisions of law. Existing law,notwithstanding those provisions or any other provision of law, prohibits a state agency or state officer from entering into any new lease for the extraction of oil or gas from the California Coastal Sanctuary,which includes certain state waters subject to tidal influence, unless either (1) the President of the United States has found a severe energy supply interruption and has ordered distribution of the Strategic Petroleum Reserve,the Governor finds that the energy resources of the sanctuary will contribute significantly to the alleviation of that interruption,and the Legislature subsequently acts to amend the law to 99 62 AB 1775 —2— allow 2—allow the extraction, or (2) the commission determines that the oil or gas deposits are being drained by means of producing wells upon adjacent federal lands and the lease is in the best interest of the state. This bill would prohibit the commission and the local trustees of granted public trust lands from entering into any new lease or other conveyance or from entering into any lease renewal, extension, or modification that authorizes a lessee to engage in new or additional exploration,development,or production of oil or natural gas upon lands owned by the state and under the jurisdiction of the commission that are located seaward of the ordinary high water mark for tidal waterways and the ordinary low water mark for navigable nontidal waterways that would result in the increase of oil or natural gas production from federal waters.The bill would apply the exceptions applicable to the California Coastal Sanctuary to these provisions. The bill would authorize the commission to establish guidelines for the implementation of these provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 6245 is added to the Public Resources 2 Code, to read: 3 6245. (a) Except as provided in subdivision (c), the 4 commission shall not enter into any new lease or other conveyance 5 that authorizes the exploration for, or the development and 6 production of,oil or natural gas upon lands owned by the state and 7 under the jurisdiction of the commission that are located seaward 8 of the ordinary high water mark for tidal waterways and the 9 ordinary low water mark for navigable nontidal waterways that 10 would result in the increase of oil or natural gas production from 11 federal waters. 12 (b) Except as provided in subdivision(c),the commission shall 13 not enter into any lease renewal, extension, or modification that 14 authorizes a lessee to engage in new or additional exploration, 15 development,or production of oil or natural gas upon lands owned 16 by the state and under the jurisdiction of the commission that are 17 located seaward of the ordinary high water mark for tidal 18 waterways and the ordinary low water mark for navigable nontidal 99 63 -3— AB 1775 1 waterways that would result in the increase of oil or natural gas 2 production from federal waters. 3 (c) Subdivisions (a) and (b) shall not apply if either of the 4 following occur: 5 (1) The President of the United States has found a severe energy 6 supply interruption and has ordered distribution of the Strategic 7 Petroleum Reserve pursuant to Section 6241(d) of Title 42 of the 8 United States Code, the Governor finds that the energy resources 9 subject to subdivision(a)or(b)will contribute significantly to the 10 alleviation of that interruption, and the Legislature subsequently 11 acts to amend this chapter to allow for the leasing or other 12 conveyance or the lease renewal, extension, or modification, as 13 applicable. 14 (2) The commission determines that oil or gas deposits subject 15 to a lease impacted by subdivision(a) or(b) are being drained by 16 means of producing wells upon adjacent federal lands and the lease 17 or other conveyance, as applicable, is in the best interests of the 18 state. 19 (d) The commission may establish guidelines for the 20 implementation of this section. 21 (e) For the purposes of this section, the following terms have 22 the following meanings: 23 (1) "Commission"means the State Lands Commission or a local 24 trustee of granted public trust lands,as defined pursuant to Section 25 6306. 26 (2) "Development"means those activities taking place following 27 the discovery of oil and natural gas,including geophysical activity, 28 drilling,platform construction,pipeline construction,and operation 29 of all onshore support facilities that are performed for the purpose 30 of ultimately producing the resources discovered. 31 (3) "Exploration" means the process of searching for oil and 32 natural gas, including any drilling, whether on or off known 33 geological structures, including the drilling of a well in which a 34 discovery of oil or natural gas is made and the drilling of any 35 additional delineation well after the discovery that is needed to 36 delineate any reservoir and to enable a lessee to determine whether 37 to proceed with the development and production. 38 (4) "Federal waters" means those waters and submerged lands 39 lying seaward to the state waters of California that appertain to 40 the United States and are subject to federal jurisdiction and control. 99 64 AB 1775 —4- 1 -4-- 1 (5) (A) "New or additional exploration, development, or 2 production of oil or natural gas" includes any activity undertaken 3 to increase the capacity of any pipeline or other infrastructure used 4 to convey oil or natural gas from federal waters. 5 (B) "New or additional exploration,development,or production 6 of oil or natural gas" does not include either of the following: 7 (i) Any activity undertaken to repair, replace, or maintain any 8 pipeline or other infrastructure used to convey oil or natural gas 9 or any other activity necessary to ensure the safe operation of 10 infrastructure used in the exploration,development, or production 11 of oil or natural gas. 12 (ii) Any activity undertaken to convey oil or natural gas 13 produced from state waters. 14 (6) "Production"means those activities that take place after the 15 successful completion of any means for the removal of oil and 16 natural gas, including that removal, field operations, transfer of 17 resources to shore, operation monitoring, maintenance, and 18 work-over drilling."Producing"means undertaking those activities. 19 (7) "State waters" means the zone in which the United States 20 has released to adjacent coastal states title, ownership, and the 21 right to manage natural resources, as defined pursuant to Section 22 36108. O 99 65 SENATE BILL No. 834 Introduced by Senators Jackson and Lara (Principal coauthor: Senator McGuire) (Principal coauthor: Assembly Member Muratsuchi) (Coauthors: Senators Allen, Stern, and Wiener) (Coauthor:Assembly Member Bloom) January 4, 2018 An act to add Section 6245 to the Public Resources Code, relating to state lands. LEGISLATIVE COUNSEL'S DIGEST SB 834, as introduced, Jackson. State lands: leasing: oil and gas. Existing law vests exclusive jurisdiction over ungranted tidelands and submerged lands owned by the state to the State Lands Commission. Existing law confers the powers of the commission as to leasing or granting of rights or privileges to lands owned by the state upon a local trustee of granted public trust lands to which those lands have been granted. Existing law authorizes the commission to let leases for the extraction of oil and gas from coastal tidelands or submerged lands in state waters and beds of navigable rivers and lakes within the state in accordance with specified provisions of law. Existing law,notwithstanding those provisions or any other provision of law, prohibits a state agency or state officer from entering into any new lease for the extraction of oil or gas from the California Coastal Sanctuary,which includes certain state waters subject to tidal influence, unless either(1) the President of the United States has found a severe energy supply interruption and has ordered distribution of the Strategic Petroleum Reserve,the Governor finds that the energy resources of the sanctuary will contribute significantly to the alleviation of that interruption,and the Legislature subsequently acts to amend the law to 99 66 SB 834 —2— allow 2—allow the extraction, or (2) the commission determines that the oil or gas deposits are being drained by means of producing wells upon adjacent federal lands and the lease is in the best interest of the state. This bill would prohibit the commission and the local trustees of granted public trust lands from entering into any new lease or other conveyance or from entering into any lease renewal, extension, or modification that authorizes a lessee to engage in new or additional exploration,development,or production of oil or natural gas upon lands owned by the state and under the jurisdiction of the commission that are located seaward of the ordinary high water mark for tidal waterways and the ordinary low water mark for navigable nontidal waterways that would result in the increase of oil or natural gas production from federal waters.The bill would apply the exceptions applicable to the California Coastal Sanctuary to these provisions. The bill would authorize the commission to establish guidelines for the implementation of these provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 6245 is added to the Public Resources 2 Code, to read: 3 6245. (a) Except as provided in subdivision (c), the 4 commission shall not enter into any new lease or other conveyance 5 that authorizes the exploration for, or the development and 6 production of,oil or natural gas upon lands owned by the state and 7 under the jurisdiction of the commission that are located seaward 8 of the ordinary high water mark for tidal waterways and the 9 ordinary low water mark for navigable nontidal waterways that 10 would result in the increase of oil or natural gas production from 11 federal waters. 12 (b) Except as provided in subdivision(c),the commission shall 13 not enter into any lease renewal, extension, or modification that 14 authorizes a lessee to engage in new or additional exploration, 15 development,or production of oil or natural gas upon lands owned 16 by the state and under the jurisdiction of the commission that are 17 located seaward of the ordinary high water mark for tidal 18 waterways and the ordinary low water mark for navigable nontidal 99 67 -3— SB 834 1 waterways that would result in the increase of oil or natural gas 2 production from federal waters. 3 (c) Subdivisions (a) and (b) shall not apply if either of the 4 following occur: 5 (1) The President of the United States has found a severe energy 6 supply interruption and has ordered distribution of the Strategic 7 Petroleum Reserve pursuant to Section 6241(d) of Title 42 of the 8 United States Code, the Governor finds that the energy resources 9 subject to subdivision(a)or(b)will contribute significantly to the 10 alleviation of that interruption, and the Legislature subsequently 11 acts to amend this chapter to allow for the leasing or other 12 conveyance or the lease renewal, extension, or modification, as 13 applicable. 14 (2) The commission determines that oil or gas deposits subject 15 to a lease impacted by subdivision(a) or(b) are being drained by 16 means of producing wells upon adjacent federal lands and the lease 17 or other conveyance, as applicable, is in the best interests of the 18 state. 19 (d) The commission may establish guidelines for the 20 implementation of this section. 21 (e) For the purposes of this section, the following terms have 22 the following meanings: 23 (1) "Commission'means the State Lands Commission or a local 24 trustee of granted public trust lands,as defined pursuant to Section 25 6306. 26 (2) "Development"means those activities taking place following 27 the discovery of oil and natural gas,including geophysical activity, 28 drilling,platform construction,pipeline construction,and operation 29 of all onshore support facilities that are performed for the purpose 30 of ultimately producing the resources discovered. 31 (3) "Exploration' means the process of searching for oil and 32 natural gas, including any drilling, whether on or off known 33 geological structures, including the drilling of a well in which a 34 discovery of oil or natural gas is made and the drilling of any 35 additional delineation well after the discovery that is needed to 36 delineate any reservoir and to enable a lessee to determine whether 37 to proceed with the development and production. 38 (4) "Federal waters" means those waters and submerged lands 39 lying seaward to the state waters of California that appertain to 40 the United States and are subject to federal jurisdiction and control. 99 68 SB 834 —4- 1 4-1 (5) (A) "New or additional exploration, development, or 2 production of oil or natural gas" includes any activity undertaken 3 to increase the capacity of any pipeline or other infrastructure used 4 to convey oil or natural gas from federal waters. 5 (B) "New or additional exploration,development,or production 6 of oil or natural gas" does not include either of the following: 7 (i) Any activity undertaken to repair, replace, or maintain any 8 pipeline or other infrastructure used to convey oil or natural gas 9 or any other activity necessary to ensure the safe operation of 10 infrastructure used in the exploration,development,or production 11 of oil or natural gas. 12 (ii) Any activity undertaken to convey oil or natural gas 13 produced from state waters. 14 (6) "Production"means those activities that take place after the 15 successful completion of any means for the removal of oil and 16 natural gas, including that removal, field operations, transfer of 17 resources to shore, operation monitoring, maintenance, and 18 workover drilling."Producing"means undertaking those activities. 19 (7) "State waters" means the zone in which the United States 20 has released to adjacent coastal states title, ownership, and the 21 right to manage natural resources, as defined pursuant to Section 22 36108. 99 69 EL SEGUNDO CITY COUNCIL MEETING DATE: March 19, 2019 AGENDA STATEMENT AGENDA HEADING: Reports of Committees, Commissions and Boards AGENDA DESCRIPTION: Consideration and possible action to adopt a Resolution opposing proposed state legislation to maintain local control of energy solutions in opposition to the zero-emissions buildings and sources of heat energy. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. City Council to adopt a Resolution for the City to support and preserve consumer energy choice; or, 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: Resolution Assembly Bill No. 3232 FISCAL IMPACT: $0 Amount Budgeted: $0 Additional Appropriation: N/A Account Number(s): N/A STRATEGIC PLAN: Goal: 4 Develop Quality Infrastructure and Technology Objective: (a) El Segundo's physical infrastructure supports an appealing, safe, and effective City ORIGINATED BY: Jasmine Allen, Senior Management Analyst on behalf of the Environmental Committee REVIEWED BY: Ken Berkman, Director of Public Works APPROVED BY: Greg Carpenter, City Manager OA BACKGROUND AND DISCUSSION: The Environmental Committee: In May 2018, Mayor Pro Tem Pirsztuk had a brief discussion with Patty Wagner, CEO of the Southern California Gas Company. Ms. Wagner informed Mayor Pro Tem Pirsztuk of certain policies and legislation under consideration in Sacramento that would potentially require all residential and commercial properties to electrify all buildings and sources of heat energy, including restaurants. Although there is a lot of opposition, there is still momentum toward electrifying. 70 On January 11, 2019, the Environmental Committee unanimously recommended the City Council adopt a resolution opposing this proposed State legislation. The resolution proposed herein would establish a policy position for the City of El Segundo to support and preserve consumer energy choice and oppose policies that eliminate local control by mandating technologies that can be used to power buildings and fuel vehicles, and meet or exceed emissions reductions regulations. Assembly Bill 3232 {AB3232}: Zero-Emissions Buildings and Sources of Heat Enerev. AB3232, authored by California Assemblymember Laura Friedman (D-Glendale), was signed into law by Governor Jerry Brown in September 2018 (see attached). AB3232 requires the California Energy Commission(CEC) to assess, by January 1, 2021, how to reduce greenhouse gas (GHG) emissions from the State's building stock by 40 percent below 1990 levels by 2030, in line with the State's overall GHG emissions limit. The original version of the bill would have required that all new construction, including residential and commercial properties (such as restaurants), be equipped with only electric appliances. The original version of the bill also required that 50 percent of existing buildings, including residential, be retrofitted to electric appliances. There was significant opposition to the proposed legislation from residents, housing associations, restaurant associations, and rate payer advocates as it would increase energy costs in addition to upfront equipment costs. Some studies have estimated that electricity costs could increase by $900 per year, per household by moving to exclusively electrified appliances. The bill, as originally proposed, would also eliminate customer energy choice. Many end users have not moved to electric appliances because it is cost prohibitive, but many also prefer to cook with gas appliances instead of electric. Due to the opposition, the bill was modified to require the CEC to study how to achieve emission reductions, rather than moving forward with an all-electric mandate. Current legislation information on the Bill can be found here: https://Ieizinfo.leaislature.ca.vov/faces/billAtialvsisCIient.xhtml?bill id=201720180AB3232 The proposed resolution would establish a policy position for the City to support and preserve consumer energy choice. 71 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF EL SEGUNDO, CALIFORNIA, TO MAINTAIN LOCAL CONTROL OF ENERGY SOLUTIONS IN OPPOSITION TO THE ZERO-EMISSIONS BUILDINGS AND SOURCES OF HEAT ENERGY. THE EL SEGUNDO CITY COUNCIL RESOLVES AND FINDS AS FOLLOWS: SECTION 1: Recitals, A. California's energy policies are critical to reducing greenhouse gas emissions and reducing the impact of climate change on our citizens; and B. The state legislature and state agencies are increasingly proposing new legislation and regulations eliminating choice of energy by mandating technologies to power buildings and public and private fleets, including transit and long-haul trucking, as a strategy to achieve the state's climate goals C. Clean, affordable and reliable energy is crucial to the material health, safety and well-being of the EI Segundo residents, particularly the most vulnerable, who live on fixed incomes, including the elderly and working families who are struggling financially D. The need for clean, affordable and reliable energy to attract and retain local businesses, create jobs and spur economic development is vital to our city's success in a highly competitive and increasingly regional and global marketplace E. EI Segundo, its residents and businesses value local control and the right to choose the policies and investments that most affordably and efficiently enable them to comply with state requirements F. Building and vehicle technology mandates eliminate local control and customer choice, suppress innovation, reduce reliability and unnecessarily increase costs for City of EI Segundo residents and businesses G. EI Segundo understands that relying on a single energy delivery system unnecessarily increases vulnerabilities to natural and man-made disasters, and that a diversity of energy delivery systems and resources contribute to greater reliability and community resilience H. EI Segundo understands the need to mitigate the impacts of climate change and is committed to doing its part to help the state achieve its climate goals, but requires the flexibility to do so in a manner that best serves the needs of its residents and businesses. 72 SECTION 2: THE CITY COUNCIL HEREBY RESOLVES that EI Segundo supports balanced energy solutions that provide it with the decision-making authority and resources needed to achieve the state's climate goals, and opposes proposed state legislation and policy that eliminate local control by mandating technologies that can be used to power buildings and fuel vehicles and also meet or exceed emissions reductions regulations. SECTION 3: The City Clerk is directed to forward a copy of this Resolution to Governor Newsom, U. S. Senators Feinstein and Harris; U.S. Representative Lieu; State Senator Allen; State Representative Burke; and any other interested parties. SECTION 4: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. SECTION 5: The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED AND ADOPTED this day of March, 2019. Drew Boyles, Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of EI 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 day of March 2019, and the same was so passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: 73 Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney 74 Bill Text- AB-3232 Zero-emissions buildings and sources of heat energy. Page I of 2 Itfr"� f LLGIS1,ATI VE INFOIZIv1ATI 0N Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites AB-3232 Zero-emissions buildings and sources of heat energy. (2017-2018) SHARE THIS: © G-' Date Published:09/14/2015 02:00 PM Assembly Bill No.3232 CHAPTER 373 An act to add Section 25403 to the Public Resources Code, relating to energy, I Approved by Governor September 13, 2018. Filed with Secretary of State September 13, 2018. ] LEGISLATIVE COUNSEL'S DIGEST AB 3232, Friedman. Zero-emissions buildings and sources of heat energy. The Warren-Alquist State Energy Resources Conservation and Development Act requires the State Energy Resources Conservation and Development Commission to adopt building design and construction standards and energy and water conservation standards for new residential and nonresidential buildings to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy, including energy associated with the use of water.The act requires those standards to be cost effective when taken in their entirety and when amortized over the economic life of the structure compared with historic practice. The act requires the commission to adopt standards for a program of electrical load management for each utility service area. This bill would require the commission, by January 1, 2021, to assess the potential for the state to reduce the emissions of greenhouse gases from the state's residential and commercial building stock by at least 40% below 1990 levels by January 1, 2030. The bill would require the commission to include in the 2021 edition of the integrated energy policy report and all subsequent integrated energy policy reports a report on the emissions of greenhouse gases associated with the supply of energy to residential and commercial buildings. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1.(a)The Legislature finds and declares all of the following: (1)Chapter 249 of the Statutes of 2016 directs the state to achieve a reduction in the emissions of greenhouse gases of 40 percent below 1990 levels by 2030. (2) Buildings are responsible for 25 percent of all emissions of greenhouse gases. (3) Direct emissions from the combustion of fossil fuels in buildings, primarily for space and water heating, accounts for 10 percent of all emissions of greenhouse gases in California. (4)Approximately half of all energy used in buildings in California is in the form of on-site combustion of fossil fuels. (5)The state has many ambitious energy efficiency building goals. Chapter 470 of the Statutes of 2009 requires the State Energy Resources Conservation and Development Commission to establish a comprehensive program to achieve greater energy savings in the state's existing residential and nonresidential building stock. The Clean 75 http://Ieginfo.legislature.ca.gov/faces/bitINavClient.xhtml?bill id=201720180AB3232 2/22/2019 Bill Text- AB-3232 Zero-emissions buildings and sources of heat energy. Page 2 of 2 Energy and Pollution Reduction Act of 2015 (Chapter 547 of the Statutes of 2015) establishes a goal of achieving a cumulative doubling of statewide energy efficiency savings in electricity and natural gas final end uses of retail customers by January 1, 2030. However, the state has not assessed the potential for cost-effectively reducing total greenhouse gas emissions from buildings by an amount that is consistent with the state's greenhouse gas reduction target of 40 percent below 1990 levels by 2030. (6) Decarbonizing California's buildings is essential to achieve the state's greenhouse gas emission reduction goals at the lowest possible cost. (b)It is the intent of the Legislature to achieve significant reductions in the emissions of greenhouse gases by the state's residential and commercial building stock by January 1, 2030. SEC.2.Section 25403 is added to the Public Resources Code,to read: 25403. (a) By January 1, 2021,the commission, in consultation with the Public Utilities Commission, the State Air Resources Board, and the Independent System Operator, shall assess the potential for the state to reduce the emissions of greenhouse gases in the state's residential and commercial building stock by at least 40 percent below 1990 levels by January 1, 2030.The assessment shall include consideration of all of the following: (1)An evaluation, based on the best available data and existing analyses, of the cost per metric ton of carbon dioxide equivalent of the potential reduction from residential and commercial building stock relative to other statewide greenhouse gas emissions reduction strategies. (2)The cost-effectiveness of strategies to reduce emissions of greenhouse gases from space heating and water heating in both new and existing residential and commercial buildings. (3)The challenges associated with reducing emissions of greenhouse gases from low-income housing, multifamily housing, and high-rise buildings. (4) Load management strategies to optimize building energy use in a manner that reduces the emissions of greenhouse gases. (5)The potential impacts of emission reduction strategies on ratepayers, construction costs, and grid reliability. In assessing the impact on grid reliability,the commission shall account for both of the following: (A)The commission's 2019 Building Energy Efficiency Standards, effective January 1, 2020, that propose to require solar energy systems on all new single-family and low-rise residential dwellings. (B)The increased load and impact on electrical infrastructure due to transportation electrification. (b)(1) By June 1, 2021, the commission, pursuant to Section 9795 of the Government Code, shall report to the Legislature the findings from the assessment. (2) Pursuant to Section 10231.5 of the Government Code,this subdivision is inoperative on June 1, 2026. (c) Beginning with the integrated energy policy report due on November 1, 2021, and in all subsequent integrated energy policy reports, the commission shall include a report on the emissions of greenhouse gases, based on existing data, associated with the supply of energy to residential and commercial buildings, by fuel type. The commission shall make this information publicly available on its Internet Web site. 76 http://leginfo.legislature.ca.gov/faces/bilINavClient.xhtml?bill_id=201720180AB3232 2/22/2019 EL SEGUNDO CITY COUNCIL MEETING DATE: March 19, 2019 AGENDA STATEMENT AGENDA HEADING: Reports of Committees, Commissions, and Boards AGENDA DESCRIPTION: Consideration and possible action regarding implementation of a Fine Forgiveness Month at the El Segundo Public Library beginning Monday, April 1, 2019 and ending Tuesday,April 30, 2019 for purposes of removing barriers to library services and allowing the El Segundo Public Library to recover library materials which may not otherwise be returned for use by other customers. Fiscal Impact: The El Segundo Public Library's average monthly revenue from overdue fines and fees is $1666. In addition, library staff estimate that at least $10,000 in overdue fees could be waived during Fine Forgiveness Month. The lost revenue is offset, to some extent, by the return of overdue materials. It also must be recognized that a significant portion of the lost revenue would never have been collected. RECOMMENDED COUNCIL ACTION: 1. Receive and file presentation by Library Board of Trustees members; 2. Direct the Library Director to waive fines and fees for overdue books returned during Fine Forgiveness Month or as requested from library card holders from April 1,2019 through April 30, 2019. 3. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: N/A FISCAL IMPACT: Amount Budgeted: N/A Additional Appropriation:N/A Account Number(s): N/A STRATEGIC PLAN: Goal: 1 Enhance Customer Service, Engagement, and Communications Objective: (a) El Segundo provides unparalleled service to internal and external customers ORIGINATED BY: Melissa McCollum, Library Director REVIEWED BY: City Attorney's Office APPROVED BY: Greg Carpenter, City Manager ■ 77 BACKGROUND AND DISCUSSION: The El Segundo Public Library continuously evaluates its programs and services to ensure that they align with patron needs. As part of this evaluation, it has become clear that there are some library policies that impede access to the vital resources and services provided by the public and school libraries in town. The El Segundo Public Library has embarked upon an effort to proactively eliminate barriers to library services. Although overdue fines and fees have traditionally been a fact of life for public libraries in America, a growing number of libraries nationwide, including the San Diego Public Library, San Mateo County Library, and Denver Public Library, have made news by eliminating charges for late returns of library materials in order to increase patron access to materials and services,reduce the inequitable impact of overdue fines,improve patron relationships with the library,and optimize library staff time and increase efficiency. Many other public libraries are creating fine-free cards for certain categories of patrons, such as kids or teens or active duty military personnel and veterans. A majority of public libraries also accept other ways to satisfy fines without monetary payment, such as youth"reading down"their fines,food drives, or fine forgiveness periods. The El Segundo Public Library Board of Trustees recommends a first step of offering a Fine Forgiveness Month at the El Segundo Public Library in April 2019 to improve access to library materials and services. Fines and fees for overdue library materials equate to less than 1% of the Library Services Department's annual budget. Implementing programs that have minimal revenue impact at the same time as having a significant impact on making materials and services more accessible to patrons is essential for ensuring lifelong learning in the community. Libraries have long served as trusted and treasured institutions. When youth incur fines on their accounts and are unable to pay them, an impediment is created in that they are no longer able to enjoy the privileges associated with library access. Library staff at Richmond Street School and Center Street School report regular occurrences of students unable to check out books during class visits due to overdue fines. This recurring situation paradoxically discourages kids from using the library and reading. Currently, 10% of children's accounts at the El Segundo Public Library (or 480 children) are blocked from library access because of overdue fines. While there is a possibility that some of the youth will pay outstanding fines, historically, in El Segundo and in library systems across the nation, many of the fines are never paid and young patrons (or their caregivers) simply choose to stop utilizing the library system. For example, 249 of the blocked children's accounts have been unused for the last three years. In addition, 6% of all adult accounts (or 761 adults) are blocked from checking out materials due to overdue library fees. Over 500 of the blocked adult accounts have been unused during the past three years. A one-month "fine forgiveness" period will allow library customers to return overdue materials without paying the applicable overdue fees and/or request outstanding overdue fees be removed from their accounts.From April 1-April 30,2019 only,El Segundo Public Library staff at the Main 78 Library and school libraries will forgive past and present overdue fines upon request and will track the amount of overdue fines waived and number of library accounts returned to good standing. In addition to restoring library access for patrons of all ages,the Public Library will recover valuable library materials which may not otherwise be returned for use by other customers. All materials will be eligible for fine forgiveness with the exception of damaged, unusable, or lost items. Additionally, there will be no reimbursement for previously paid fines or fees. The Library Services Department recommends additional discussion of overdue library fees during upcoming Strategic Planning and/or budget sessions as the cost of collecting overdue library fees is comparable to the amount of money collected due to expenditures of staff time for collecting fees, paper and postage used for issuing reminder notices and bills, and fees paid to a collection agency for accounts with fines of$50 or more. As mentioned previously, elimination of overdue fees also removes barriers to access, gives local libraries a friendlier image, and increases circulation of library materials. In addition,many library systems of various sizes have demonstrated that concerns about eliminating fines, including lost revenue, fear of materials being returned late and unavailable for others to use, and the belief that fines are necessary to teach responsible patron behavior, may be adequately addressed. For example, a recent report by the City and County of San Francisco Office of the Treasurer and Tax Collector and San Francisco Public Library (SFPL) based on research of national publications, conversations with library leaders and experts across the country, surveys of SFPL patrons and staff, and analysis of SFPL data, found: • Overdue fine collections do not represent a significant portion of library budgets • None of the libraries which have eliminated overdue fines have experienced increases in late returns, longer hold times, or gaps in the collection • Billed-item fees for lost materials would remain in place with overdue fine elimination, so patrons still have monetary incentive to return their items to the library • There is no evidence that overdue fines consistently serve as a motivating factor to on-time returns; rather most people will miss a deadline at some point If Fine Forgiveness Month is approved for the El Segundo Public Library, the Library Services Department will market the opportunity widely to present and past patrons in a variety of ways, including in the Main Library and school libraries, online, and around town in coordination with City and School staff, local publications, and community partners. School library staff will make a special effort to reach out to all parents or caregivers of current students with blocked library cards with the goal of reinstating current students' access in order to encourage all El Segundo youth to begin reading and succeeding in our libraries again. 79 CITY OF EL SEGUNDO WARRANTS TOTALS BY FUND 3025056 3025144 DATE OF APPROVAL: AS OF 3119/19 REGISTER 4 11a 001 GENERAL FUND 366,957.97 104 TRAFFIC SAFETY FUND 106 STATE GAS TAX FUND 202.82 108 ASSOCIATED RECREATION ACTIVITIES FUND 109 ASSET FORFEITURE FUND - ill COMM.DEVEL.BLOCK GRANT 112 PROP'A"TRANSPORTATION 27.38 114 PROP"Cr TRANSPORTATION 115 AIR QUALITY INVESTMENT PROGRAM - 116 HOME SOUND INSTALLATION FUND f 77 HYPERION MITIGATION FUND 401.87 118 TDA ARTICLE 3-88 821 BIKEWAY FUND - 119 MTA GRANT 121 FEMA 120 C.O.P.S.FUND - 122 L.A.W.A.FUND 123 PSAF PROPERTY TAX PUBLIC SAFETY - 202 ASSESSMENT DISTRICT*73 - 301 CAPITAL IMPROVEMENT FUND 12.531 68 302 INFRASTRUCTURE REPLACEMENT FUND 405 FACILITIES MAINTENANCE - 501 WATER UTILITY FUND 176,276.67 502 WASTEWATER FUND 249,167.18 503 GOLF COURSE FUND 11,076.50 601 EQUIPMENT REPLACEMENT 758,720.85 602 LIABILITY INSURANCE 5,454.14 603 WORKERS COMP.RESERVEIINSURANCE 290.85 701 RETIRED EMP.INSURANCE - 702 EXPENDABLE TRUST FUND-DEVELOPER FEES 5,713,81 703 EXPENDABLE TRUST FUND-OTHER 11,663.25 708 OUTSIDE SERVICES TRUST - TOTAL WARRANTS S 1,618,907,22 STATE OF CALIFORNIA COUNTY OF LOS ANGELES Information on actual expenditures is available in the Director of Finance's office in the City of Et Segundo. I certify as l0 the acckaacy of the Demands and the availability of fund for payment thereof. For Approval:Regular checks held for City couneiE authorization to release CODES: VOID CHECKS DUE TO ALIGNMENT: NIA R= Computer generated checks for all non-emergencyfurgency payments for materials,supplies and services in support of City Operations VOID CHECKS DUE TO INCORRECT CHECK DATE' For Ratificatiorv: A= Payroll and Employee Benefit checks VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR: B-F= Computer generated Early Release disbursements andfor adjustments approved by the City Manager. Such as:payments for utility services,petty cash and employee travel expense NOTES reimbursements,various refunds,contract employee services consistent with current contractual agreements,instances where prompt payment discounts can be obtained or tale payment penalties can be avoided or when a situation arises that the City Manager approves. H= Handwritten f::[I e ca ::bi:r:.e. s andfor adjustments approved by the City Manager, FINANCE DIRECTOR ' CITY MANAGER oDATE: DATE: CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 2125119 THROUGH 3/3119 Date Payee description 2/25/2019 IRS 233,238.40 Federal 941 Deposit 2/25/2019 Employment Development 4,182.38 State SDI payment 2/25/2019 Employment Development 49,260.60 State PIT Withholding 2/25/2019 Nationwide NRS EFT 30,386.41 EFT 457 payment 2/28/2019 Cal Pers 7,428.38 EFT Retirement Safety-Fire-PEPRA New 25020 2128/2019 Cal Pers 7,799.37 EFT Retirement Safety-Police-PEPRA New 25021 2/28/2019 Cal Pers 22,993.92 EFT Retirement Misc-PEPRA New 26013 2/28/2019 Cal Pers 48,905.61 EFT Retirement Misc-Classic 27 2/28/2019 Cal Pers 70,984.17 EFT Retirement Safety Police Classic - 1 st Tier 28 2/28/2019 Cal Pers 48,558.31 EFT Retirement Safety Fire-Classic 30168 2/28/2019 Cal Pers 4,134.99 EFT Retirement Sfty Police Classic-2nd Tier 30169 2/28/2019 Joint Council of Teamsters 4,380.00 Vision Insurance payment 3/2019 2/28/2019 State of CA EFT 1,452.91 EFT Child support payment 311/2019 Health Comp 3,848.71 Weekly claims 2/28/2019 Lane Donovan Golf Ptr 20,402.61 Payroll Transfer 2118/19-2/24119 Workers Comp Activity 39,664.91 SCRMA checks issued 2/18/19-2124/19 Liability Trust-Claims 0.00 Claim checks issued 2/18/19-2/24119 Retiree Health Insurance 0.00 Health Reimbursment checks issued 2/18/19-2/24119 Flexible Spending Card 528.00 Employee Health and DCA card charges 598,149.68 DATE OF RATIFICATION: 3111119 TOTAL PAYMENTS BY WIRE: 598,149.68 Certified as to the accuracy of the wire transfers by: � �1) ,5/1,// el, DeputyCit Treas reDate Dire finance Date f City r axe Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. PAC4 TreasurerlWire Transfers\Copy of Wire Transfers 10-01-18 to 9-30-19 3Y1112019 1/1 81 CITY OF EL SEGUNDO WARRANTS TOTALS BY FUND 3025145 3025268 DATE OF APPROVAL: AS OF 3/19119 REGISTER#11b 900=4 - 90DO862 001 GENERAL FUND 254,752.31 104 TRAFFIC SAFETY FUND - 105 STATE GAS TAX FUND - 106 ASSOCIATED RECREATION ACTIVITIES FUND - 109 ASSET FORFEITURE FUND 4,805.45 111 COMM.DEVEL.BLOCK GRANT - 112 PROP"A"TRANSPORTATION 454.00 114 PROP"C"TRANSPORTATION - 115 AIR QUALITY INVESTMENT PROGRAM 116 HOME SOUND MTALLATION FUND - 117 HYPERION MITIGATION FUND - lie TDA ARTICLE 3-SB 621 BIKEWAY FUND 119 MTA GRANT 121 FEMA 120 C.O.P.S.FUND 122 LA.W.A.FUND 123 PSAF PROPERTY TAX PU9UC SAFETY 202 ASSESSMENT DISTRICT#73 - 301 CAPITAL IMPROVEMENT FUND 79,920.52 302 INFRASTRUCTURE REPLACEMENT FUND - 405 FACILITIES MAINTENANCE 501 WATER UTILITY FUND 31,322.93 502 WASTEWATER FUND 5,979.31 503 GOLF COURSE FUND 8,000.00 601 EQUIPMENT REPLACEMENT - 602 LIABILITY INSURANCE 5,963.62 603 WORKERS COMP,RESERVEANSURANCE 17,819.31 701 RETIRED EMP.INSURANCE 702 EXPENDABLE TRUST FUND-DEVELOPER FEES 8,070.62 703 EXPENDABLE TRUST FUND-OTHER 10,803,24 708 OUTSIDE SERVICES TRUST - TOTAL WARRANTS $ 428,667.51 STATE OF CALIFORNIA COUNTY OF LOS ANGELES Information on actual expenditures Is available in the Director of Finance's office in the City of EI Segundo. I certify as to the accuracy of the Demands and the availability of fund for payment thereof. For Approval:Regular checks held for City council authorization to release, CODES: VOID CHECKS DUE TP ALIGNMENT: NIA R= Computer generated checks for all non-emergencylurgency payments for materials,supplies and services in support of City Operations VOID CHECKS DUE TO INCORRECT CHECK DATE: For Ratification: A= Payroll and Employee Benefit checks VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR: 6-F= Computer generated Early Release dlsbUrsernents andfor adjustments approved by the City Manager Such as:payments for utility services,petty cash and employee travel expense NOTES i reimbursements,various refunds,contract employee services consistent with current contractual agreements,instances where prompt payment discounts can be otnained or la!e payrrwnt penatlias can be avoided or when a situation arises that the City Manager approves. H= Handvrrltlen Early Ruleasc �s4:��sa ti?s ern!tar adjustments approvedby lho CilyMamger. FINANCE DIRECTOR CITY MANAGEIR DATE: ` ! DATE: 00 ! J N CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 314/19 THROUGH 3110119 Date Payee Description 3/6/2019 Cal Pers 5,210,12 EFT Retirement Safety-Fire-PEPRA New 25020 3/6/2019 Cal Pers 7,740.42 EFT Retirement Safety-Police-PEPRA New 25021 3/6/2019 Cal Pers 22,951.70 EFT Retirement Misc-PEPRA New 26013 3/6/2019 Cal Pers 48,368.20 EFT Retirement Misc-Classic 27 3/6/2019 Cal Pers 72,736.41 EFT Retirement Safety Police Classic- 1st Tier 28 3/6/2019 Cal Pers 48,570.37 EFT Retirement Safety Fire-Classic 30168 3/6/2019 Cal Pers 4,134.99 EFT Retirement Sfty Police Classic-2nd Tier 30169 3/6/2019 Pitney Bowes 1,000.00 Postage for Library 3/7/2019 Cal Pers 511,083.82 EFT Health Insurance Payment 3/8/2019 Manufacturers &Traders 24,536.85 457 payment Vantagepoint 3/5/2019 Manufacturers &Traders 1,050.00 ROTH IRA payment Vantagepoint 2/25119-3/3119 Workers Comp Activity 20,230.29 SCRMA checks issued 2/25/19-3/3119 Liability Trust-Claims 356.00 Claim checks issued 2/25/19-3/3/19 Retiree Health Insurance 20,210.52 Health Reimbursment checks issued 2125/19-3/3/19 Flexible Spending Card 1,286.15 Health Reimbursment checks issued 789,465,84 DATE OF RATIFICATION: 3/11/19 TOTAL PAYMENTS BY WIRE: 789,465.84 Certified as to the accuracy of the wire transfers by: 40 Deputy City Treasrer I I Date Directo tRnce Date /,Z f City anagen Date Information on actual expenditures is available in the City Treasurer's Office of the City of EI Segundo. P:1City TreasurerlWire TransferslCopy of Wire Transfers 10.01-1 B to 9-30-19 3/11/2019 111 83 SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 5, 2019 — 3:00 PM 3:00 P.M. SESSION CALL TO ORDER — Mayor Boyles at 3:03 PM ROLL CALL Mayor Boyles Present Mayor Pro Tem Pirsztuk Present Council Member Brann Present Council Member Pimentel Present Council Member Nicol Present PUBLIC COMMUNICATION — (Related to City Business Only— 5 minute limit per person, 30 minute limit total) None SPECIAL ORDER OF BUSINESS: Mayor Boyles announced that Council would be meeting in closed session pursuant to the items listed on the Agenda. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(d)(1): -5- matters 1. Galloway v. City of EI Segundo, Los Angeles Superior Court Case No. BC709378 2. Sarrafiesh v. City of EI Segundo, Workers Compensation Appeals Board Case No. ADJ 10068763, etc. 3. Nixt v. City of EI Segundo, Workers Compensation Appeals Board Case No. ADJ 9802836 4. Whitehead v. City of EI Segundo, Workers Compensation Appeals Board Case No. ADJ 11048959 5. Hatcher v. City of EI Segundo, Workers Compensation Appeals Board Case No. ADJ (To Be Assigned) CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION 1 84 Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -0- matters. Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matters APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter PUBLIC EMPLOYMENT (Gov't Code § 54957) -1- matter 1. City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -6- matters 1. Employee Organizations: Police Management Association; Police Support Services Employees Association; Supervisory, Professional Employees Association; City Employee Association; and Executive and Management/Confidential Employees (unrepresented groups). Agency Designated Representative: Irma Moisa Rodriquez, City Manager, Greg Carpenter and Human Resources Director. ADJOURNMENT at 5:00 PM Tracy Weaver, City Clerk 2 85 MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 5, 2019 — 5:00 PM 5:00 P.M. SESSION CALL TO ORDER— Mayor Boyles at 5:00 PM ROLL CALL Mayor Boyles Present Mayor Pro Tem Pirsztuk Present Council Member Brann Present Council Member Pimentel Present Council Member Nicol Present PUBLIC COMMUNICATION — (Related to City Business Only— 5 minute limit per person, 30 minute limit total) None SPECIAL ORDER OF BUSINESS.- Mayor USINESS:Mayor Boyles announced that Council would be meeting in closed session pursuant to the items listed on the Agenda. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(d)(1): -5- matters 1. Galloway v. City of EI Segundo, Los Angeles Superior Court Case No. BC709378 2. Sarrafiesh v. City of EI Segundo, Workers Compensation Appeals Board Case No. ADJ 10068763, etc. 3. Nixt v. City of EI Segundo, Workers Compensation Appeals Board Case No. ADJ 9802836 4. Whitehead v. City of El Segundo, Workers Compensation Appeals Board Case No. ADJ 11048959 5. Hatcher v. City of EI Segundo, Workers Compensation Appeals Board Case No. ADJ (To Be Assigned) 1 MINUTES OF THE REGULAR COUNCIL MEETING MARCH 5,2019 PAGE NO. 1 86 CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -0- matters. Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matters APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter PUBLIC EMPLOYMENT (Gov't Code § 54957) -1- matter 1. City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -6- matters 1. Employee Organizations: Police Management Association; Police Support Services Employees Association; Supervisory, Professional Employees Association; City Employee Association; and Executive and Management/Confidential Employees (unrepresented groups). Agency Designated Representative: Irma Moisa Rodriquez, City Manager, Greg Carpenter and Human Resources Director. Adjourned at 6:50 PM 2 MINUTES OF THE REGULAR COUNCIL MEETING MARCH 5,2019 PAGE NO.2 87 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 5 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Boyles at 7:00 PM INVOCATION — Pastor Wes Harding, The Bridge Church PLEDGE OF ALLEGIANCE — Mayor Pro Tem Pirsztuk PRESENTATIONS a) Proclamation read by Mayor Pro Tem Pirsztuk and presented to Sebastian Hansen, Tree Musketeers Youth Manager - the Next Generation, proclaiming, National Arbor Day March 7th, 2019. Tree Musketeers will hold an event to honor the day on Saturday, March 13th at Recreation Park. b) Commendation read by Council Member Nicol, presented to the ESHS Boys' Soccer Team CIF Champions. c) Presentation by Crista Binder, City Treasurer and Dino Marsocci, Deputy City Treasurer I regarding the Treasury Department Investment Portfolio Report and Year in Review and introduced the new Deputy City Treasurer II, LaTonya Fair. ROLL CALL Mayor Boyles Present Mayor Pro Tem Pirsztuk Present Council Member Brann Present Council Member Pimentel Present Council Member Nicol Present PUBLIC COMMUNICATIONS — (Related to City Business Only— 5 minute limit per person, 30 minute limit total) Emily Fuller, non-resident, Trojan Water Polo, commented on item #12 Ashley Lawlor, resident, commented on item #12 Sharon Blacksten, resident, commented on item #12 Nick Rodgers, resident, commented on item #12 Lee Davis, resident, commented on item #12 Name unknown, Trojan Water Polo Club supporter, commented on item #12 Name unknown, Trojan Water Polo Club supporter, commented on item #12 Jody Wang, non-resident, Trojan Water Polo Club, commented on item #12 Alex Reisman, non-resident, Trojan Water Polo Club, commented on item #12 Kari Schaff-Jaeger, resident, commented on item #12 Robyn Arnold, resident, commented on item #12 3 MINUTES OF THE REGULAR COUNCIL MEETING MARCH 5, 2019 PAGE NO. 3 88 Rebecca Allen, non-resident, commented on item #12 Kent Honey, non-resident, Trojan Water Polo Club, commented on item #12 Sean Kim, non-resident, Trojan Water Polo Club, commented on item #12 David (unknown last name), non-resident, Trojan Water Polo Club, commented on item #12 (Unknown first name) Carter, non-resident, Trojan Water Polo Club, commented on item #12 Marie Beetner, resident, Beach Cities Swimming, commented on item #12 Troy (unknown last name) non-resident, Trojan Water Polo Club, commented on item #12 Kathy Neilson, donated a minute to Coach Shelton. Monique Shelton, non-resident, Beach Cities Swimming, commented on item #12 Chris Igley, non-resident, Trojan Water Polo Club, commented on item #12 Garrett Allen, non-resident, Trojan Water Polo Club, commented on item #12 Stefan (unknown last name), non-resident, Trojan Water Polo Club, commented on item #12 Joe Agliozzo, non-resident, Trojan Water Polo club, commented on item #12 Alec Campbell, non-resident, Beach Cities Swimming, commented on item #12 Kirk Frye, South Bay United Water Polo President, commented on item #12 Will Kerker, resident, South Bay United Water Polo Club, commented on item #12 Beau Blacksten, resident, Trojan Water Polo club, commented on item #12 Ethan Geltch, resident, South Bay United Water Polo Club, commented on item #12 Mason Jaeger, resident, South Bay United Water Polo Club, commented on item #12 Kelly Hendrickson, non-resident, Trojan Water Polo Club, commented on item #12 Brandy Mostellar, non-resident, Trojan Water Polo Club, commented on item #12 Bonnie Kerker, resident, South Bay United Water Polo Club, commented on item #12 Chris Brennan, non-resident, Beach Cities Swimming, commented on item #12 Eric Healey, non-resident, Director—Trojan Water Polo Club, commented on item #12 CITY COUNCIL COMMENTS — (Related to Public Communications) Council Member Nicol apologized to a speaker regarding a remark made. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Council Member Nicol, SECONDED by Mayor Pro Tem Pirsztuk to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council Member Pimentel left the dais due to possible conflict 4 MINUTES OF THE REGULAR COUNCIL MEETING MARCH 5,2019 PAGE NO.4 89 ITEM MOVED UP ON AGENDA DUE TO LARGE COMMUNITY INTEREST AND PRESENCE. 12. Consideration and possible action to clarify the direction to staff related to selection of user groups for the City of EI Segundo —Wiseburn Unified School District Aquatics Center (2240 E. Grand Avenue). (Fiscal Impact: None) Council Member Brann introduced the item. Arecia Hester, Recreation and Parks Superintendent and Jeanette Gant, Aquatics Supervisor, reported and answered questions on the item. Lee Davis, Recreation and Parks Commission member and Pool Subcommittee member, commented on the item, per Mayor Pro Tem Pirsztuk request. Council Discussion MOTION by Mayor Boyles, SECONDED by Council Member Nicol to uphold the 5 criteria items previously voted upon at the February 5, 2019 City Council Meeting, (current and future resident composition, prioritize programs with greatest number of participants during peak times, diversity of programs, adding off peak pricing and minimize financial impact), accommodate all four programs, (Alpha Aquatics, Beach Cities Swimming, Trojan Water Polo Club and South Bay United Water Polo Club) and offer one (1) year contracts and after the year is complete, reevaluate the programs using the same success criteria for possible contract extensions. MOTION PASSED BY VOICE VOTE. 3/1 YES: Boyles Nicol Pirsztuk NO: Brann Recessed at 8:46 PM Reconvened 8:56 PM Council Member Pimentel returned to the dais B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 5 MINUTES OF THE REGULAR COUNCIL MEETING MARCH 5, 2019 PAGE NO. 5 90 1. Approve Warrant Numbers 3024874 through 3024963 and 9000821 through 9000821 on Register No. 10a in the total amount of $369,135.70 and Wire Transfers from 2/11/19 through 2/17/19 in the total amount of$2,240,442.18. Warrant Numbers 3024964 through 3025055 and 9000822 through 9000823 on Register No. 10b in the total amount of$413,586.96 and Wire Transfers from 2/18/2019 through 2/24/2019 in the total amount of$269,159.77. Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and/or adjustments; and wire transfers. 2. Approve Economic Development Advisory Council/City Council Joint Meeting Minutes of January 16, 2019 and Regular City Council Meeting Minutes of February 19, 2019. 3. Adopt Resolution No. 5132 approving Plans and Specifications for the EI Segundo Boulevard Parking Pilot Project (narrowing travel lanes and eliminating shoulder on north side of street between Sheldon Street and Main Street to provide additional parking) and authorize staff to advertise the project for construction bids. Project No. PW 19-15. (Fiscal Impact: To Be Determined) 4. Receive and file report without objecting regarding a request to allow a new restaurant (BURGERIM) to serve beer and wine for on-site consumption. BURGERIM is located at 831 North Douglas Street, within the Corporate Campus Specific Plan area. EA 1238 AUP 18-09. Applicant: FLOMAE, LLC. (Fiscal Impact: None) 5. Authorize the City Manager to execute a standard Public Works Contract No. 5670, in a form approved by the City Attorney, to G2K Construction in the amount of $110,700.00 and authorize an additional $11,000.00 for construction related contingencies for the Campus EI Segundo Shade Structure Project (installation of shade structures on soccer fields) at 2201 E. Mariposa Ave. Project No. PW 18-28. (Fiscal Impact: $121,700.00) 6. Authorize the City Manager to amend the standard Public Works Contract Amendment No. 5581 A, in a form approved by the City Attorney, with Corral Construction & Development Inc. for additional work in the amount of $33,968.00 and approve an additional construction contingency of$3,400.00 for the Library Wi-Fi and Reading Lounge Renovation Project, Project No. PW18- 04. (Fiscal Impact: $37,368.00) 7. PULLED BY MAYOR PRO TEM PIRSZTUK 6 MINUTES OF THE REGULAR COUNCIL MEETING MARCH 5,2019 PAGE NO.6 91 8. Adopt Resolution No. 5134 for the City to opt out of the California Congestion Management Program (CMP). (Fiscal Impact: None) 9, Adopt Resolution No. 5135 approving plans and specifications for FY 18/19 Pavement Rehabilitation at Center St. and Maple Ave. and authorize staff to advertise the project for receipt of construction bids. Project No. PW 19-01 (Fiscal Impact: TBD) 10. Authorize the City manager to execute a contract amendment no 53468, in a form approved by the City Attorney, with Prosum Technology Services, Agreement No. 5346, for technical consulting, business analysis and project management services for the Information Systems Department. (Fiscal Impact: $600,000.00) MOTION by Council Member Brann, SECONDED by Council Member Pimentel approving Consent Agenda items 1, 2, 3, 4, 5, 6, 8, 9 and 10. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 PULLED ITEMS: 7. Consideration and possible action to adopt a Resolution approving the Plans and Specifications for Class III Bike Routes to be located on Main St.; Grand Ave., Nash St. from Imperial Hwy. to EI Segundo Blvd.; EI Segundo Blvd. from Loma Vista St. to Main St.; Loma Vista St. from Grand Ave. to Binder PI.; and Utah Ave. from Douglas St. to Aviation Blvd., Project No. PW 19-03. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 (Fiscal Impact: To Be Determined) Mayor Pro Tem Pirsztuk introduced the item. Ken Berkman, Public Works Director and Lifan Xu City Engineer, answered Council questions. Council Discussion MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Nicol adopting Resolution No. 5133 approving the Plans and Specifications for Class III Bike Routes to be located on Main St.; Grand Ave.; Nash St. from Imperial Hwy. to EI Segundo Blvd.; EI Segundo Blvd. from Loma Vista St. to Main St.; Loma Vista St. from Grand Ave. to Binder PI.; and Utah Ave. from Douglas St. to Aviation Blvd., with the elimination of segments 4 and 5. Project No. PW 19-03. (Fiscal Impact: To Be Determined) F. NEW BUSINESS 7 MINUTES OF THE REGULAR COUNCIL MEETING MARCH 5,2019 PAGE NO.7 92 11. Consideration and possible action to receive an informational report on the quarterly update for the Strategic Work Plan for the first quarter of Fiscal Year (FY) 2018-19. (Fiscal Impact: None) Greg Carpenter, City Manager, introduced the item Joe Lillio, Finance Director, gave a presentation Council Discussion Council consensus to receive and file the report. G. REPORTS — CITY MANAGER — State of the City to be held on March 27, 2019. Thanked the staff for all their hard work on the upcoming event. H. REPORTS — CITY ATTORNEY - Passed I. REPORTS — CITY CLERK— Mentioned she will be out of town for the next two meetings (March 19, 2019 and April 2, 2019). J. REPORTS — CITY TREASURER — Gave report earlier in meeting K. REPORTS — CITY COUNCIL MEMBERS Council Member Pimentel — Passed Council Member Nicol — Commented on item #12 and expressed his thoughts on trying to make decisions that will please everyone and understands that this is not always possible and hopes residents and Council can maintain a mutual respect of one another. Council Member Brann —Attended the General Assembly hosted by the South Bay COG and attended a program hosted by the Los Angeles Air Force Base. 12. ITEM MOVED UP ON AGENDA DUE TO LARGE COMMUNITY INTEREST AND PRESENCE. Mayor Pro Tem Pirsztuk— Complimented Melissa McCollum, Library Director, hearing from the community that everyone is very pleased with new programs, the Wi-Fi area remodel and all that is going on at the Library and sat on a panel regarding "Women in Leadership" for a Girl Scout Event 8 MINUTES OF THE REGULAR COUNCIL MEETING MARCH 5,2019 PAGE NO. 8 93 Mayor Boyles — Mentioned the City is fortunate to have Dr. Soon-Shiong in our corner, he commented on EI Segundo in a good light when speaking to other elected officials in the area at a recent event and congratulated EI Segundo High School on receiving the California Civic Learning Award of Merit for Civics Day and on their selection as a California Distinguished School. 13. Consideration and possible action to amend the Municipal Code to change the starting time of City Council Meetings. (Fiscal Impact: N/A) Mayor Boyles introduced the item Council Discussion MOTION by Council Member Nicol, SECONDED by Mayor Pro Tem Pirsztuk, directing staff to prepare an ordinance amending the Municipal Code to change the starting time of City Council meetings. Proposed start times would be as follows; 4:00 PM Closed Session and 6:00 PM Open Session. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 PUBLIC COMMUNICATIONS — (Related to City Business Only— 5 minute limit per person, 30 minute limit total) None MEMORIALS — None ADJOURNMENT at 9:30 PM Tracy Weaver, City Clerk 9 MINUTES OF THE REGULAR COUNCIL MEETING MARCH 5,2019 PAGE NO. 9 94 EL SEGUNDO CITY COUNCIL MEETING DATE: March 19,2019 AGENDA STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding approval of 1) A Memorandum of Understanding (MOU) (Labor Agreement) between the City of El Segundo and the El Segundo Police Support Services Employees' Association (PSSEA); 2) Adoption of Resolution approving the Memorandum of Understanding; 3) Adoption of Resolution approving and authorizing changes to the City's medical premium to CalPERS for each year of the MOU: (Fiscal Impact: $49,420 for FY 2018-19, $85,036 for FY 2019-20, $146,372 for FY 2020-21, and $154,777 in FY 2021- 22) RECOMMENDED COUNCIL ACTION: 1. Approve the Labor Agreement; 2. Adopt the Resolution approving the Memorandum of Understanding; 3. Adopt Resolution approving changes to the medical premium pursuant to MOU; or, 4. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: A. MOU between the City of El Segundo and the El Segundo Police Support Services Employees' Association (PSSEA) (final version) B. Exhibit I (A-D) Unit salary schedules C. Resolution adopting the new PSSEAMOU D. Resolution adopting the contribution towards CalPERS medical premiums E. Prior MOU with PSSEA(Redline version) FISCAL IMPACT: $49,420 for FY 2018-19 Amount Budgeted: $49,420 (vacancy savings of various positions throughout the City will be used to cover the additional MOU costs for FY 2018-19) Additional Appropriation: None Account Number(s): 001-400-3101-XXXX STRATEGIC PLAN: Goal: 3 Develop as a choice employer and workforce Objective: 1 El Segundo is a City employer of choice and consistently hiring for the future, with a workforce that is inspired, world-class and engaged, demonstrating increasing stability and innovation. ORIGINATED BY: David Serrano, Human Resources Directo M / REVIEWED BY: Greg Carpenter, City Manager&Joseph LOio, ector of Finance 0 `� APPROVED BY: Greg Carpenter, City Manager 10 95 BACKGROUND AND DISCUSSION: Staff and representatives of the Police Services Support Employees' Association(PSSEA)having met and conferred pursuant to Section 3500 et seq. of the California Government Code (MMBA), for purposes of reaching a labor agreement. Agreement was reached on Tuesday, February 19, 2019. The agreement has been ratified by the PSSEA. The City's approach to these negotiations was built upon foundation of fairness, balanced approach,building trust through open and honest conversations, and seeking to further develop as a choice employer and workforce. The City and PSSEA worked diligently to achieve this agreement, and reached tentative agreement in two meetings. The following are highlights of changes to the MOU associated with positions represented by this bargaining unit. Salary and benefit-related items are effective the pay period beginning March 30, 2019 unless otherwise noted: 1. Term: 4 years, October 1, 2018 to September 30, 2022 2. Agreement to Binding Arbitration 3. Re-opener: the parties have agreed to re-open to discuss modification to personnel merit system. 4. PERS Pick-up: Members agree to pick-up an additional 1% of PERS Payment(total of 8%pick-up). 5. Salary Adjustments: • 3% effective March 30, 2019, • 2% effective October 1, 2019 ■ 2% effective October 1, 2020 • 2% effective October 1, 2021 6. Health Insurance: an increase in the City's Health benefit: • Effective approximately May 1, 2019: from $1,200 to $1,450 monthly allowance • Effective 1/1/20: from $1,450 to $1,500 monthly allowance • Effective 1/1/21: from$1,500 to $1,600 monthly allowance • Effective 1/1/22: from $1,600 to $1,650 monthly allowance 7. Retention Bonus: one-time,non-PERSable retention bonus of$4,000 for classic members paid in two installments upon adoption of MOU and in May 2021 8. Computer Loan Program: members agreed to eliminate this program. Additionally, the parties agreed to re-opener clause to discuss additional items including the medical opt-out option, and employee evaluation system during the term of this agreement. The MOU, as attached, contains all essential terms and conditions. This agreement and our ability to develop and foster relations with PSSEA will help improve morale and help to foster employee engagement. This salary and benefit increases and adjustments will complement the City's efforts to make El Segundo an employer of choice. Staff recommends approval of the attached MOU and Resolutions. 96 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO AND THE CALIFORNIA TEAMSTERS, PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911 (POLICE SUPPORT SERVICES EMPLOYEES BARGAINING UNIT) ARTICLE / SECTION NUMBER........................................................................... PAGE Article 1 - General Provisions 1.01 Preamble........................................................................................................ 3 1.02 Conclusions and Term of Agreement............................................................. 3 1.03 Implementation of Agreement........................................................................ 3 1.04 Recognition.................................................................................................... 3 1.05 Management Rights....................................................................................... 4 1.06 Union Membership......................................................................................... 4 1.07 Organizational Security.................................................................................. 4 1.08 Savings.......................................................................................................... 5 1.09 No Strike........................................................................................................ 5 1.10 Non-Discrimination........................................................................................ 5 1.11 Steward's Time.............................................................................................. 5 1.12 Union Administrative Time............................................................................ 6 1.13 Grievance Procedure.................................................................................... 6 1.14 Layoff Procedure........................................................................................... 8 1.15 Personnel Policies......................................................................................... 10 Article 2 - Salaries and Benefits 2.01 Salaries..................................................................................................... 11 2.02 Overtime/Compensatory Time....................................................................... 11 2.03 Family Emergency Care Sick Leave Utilization............................................. 13 2.04 Uniform Allowance and Replacement........................................................... 13 2.05 Employee Group Insurance Program............................................................ 14 2.06 Retirement..................................................................................................... 14 2.07 Differential Pay.............................................................................................. 15 2.08 Computer Purchase Program........................................................................ 17 2.09 Sick Leave..................................................................................................... 17 2.10 Flexible Spending Account...................... 2.11 Bereavement Leave/Emergency Leave........................................................ 19 2.12 Step Advancement........................................................................................ 19 2.13 Worker's Compensation Provisions.............................................................. 22 2.14 Holidays........................................................................................................ 23 2.15 Life Insurance............................................................................................... 23 2.16 Vacation........................................................................................................ 23 2.17 Vacation Time Accumulation and Sale......................................................... 24 2.18 Vacation Time Accrual - For Temporary Industrial Disability........................ 25 1 97 2.19 Long Term Disability Plan............................................................................. 25 2.20 Direct Deposit............................................................................................... 25 2.21 Promotional Examinations............................................................................ 25 2.22 Standby Duty................................................................................................ 25 2.23 Educational Incentive Pay............................................................................ 26 2.24 Longevity Pay................................................................................ 27 2.25 Training Pay.................................................................................. 28 2.26 Court On-Call Pay .......................................................................... 28 2.27 Court Call-Back Pay ....................................................................... 29 Article 3 - Other Provisions 3.01 Drug Free Workplace Statement and Substance Abuse Policy.................... 29 3.02 Smoking Policy............................................................................................. 29 3.03 Education Reimbursement........................................................................... 29 3.04 Catastrophic Leave Bank.............................................................................. 30 3.05 Temporary Service in Higher Classification.................................................. 31 3.06 Promotions.................................................................................................... 31 3.07 Termination Pay............................................................................................ 31 3.08 Jury Duty....................................................................................................... 31 3.09 Physical Examinations.................................................................................. 32 3.10 Joint Labor Management Team.................................................................... 32 3.11 Disciplinary Action -Authority to Take........................................................... 32 3.12 Policies.......................................................................................... 33 Appendix A - Bargaining Unit Classifications ................................................. 38 Appendix B — Side Letter Agreement............................................................ 39 Exhibit (A-D) — Salary Schedule.................................................................. 40 2 98 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO AND THE CALIFORNIA TEAMSTERS, PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911 (POLICE SUPPORT SERVICES EMPLOYEES BARGAINING UNIT) ARTICLE 1 - GENERAL PROVISIONS Article 1.01 Preamble This Memorandum of Understanding (hereinafter "MOU" or "Agreement") is made and entered into between the CALIFORNIA TEAMSTERS, PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911 (POLICE SUPPORT SERVICES EMPLOYEES BARGAINING UNIT), hereinafter referred to as "Union", and the management representatives of the EI Segundo City Council, hereinafter referred to as the "City", pursuant to the California Government Code Section 3500 et. seq. Article 1.02 Conclusions and Term of Agreement The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and the benefits contained herein are given in consideration for the various provisions contained herein which may be a change in the prior employment practices of the City. Further, it is mutually agreed that this Memorandum of Understanding shall commence upon Council adoption on October 1, 2018 and end September 29, 2022. This Memorandum of Understanding contains all of the covenants, stipulations and provisions agreed upon by the parties regarding terms and conditions of employment. Therefore, for the life of this Agreement, neither party shall be compelled to meet and confer with the other party concerning any mandatory meet and confer issue which is covered by this Agreement. Article 1.03 Implementation of Aqreement This MOU shall be jointly presented to the EI Segundo City Council for implementation along with all the ordinances, resolutions and such other additional actions as may be necessary to implement the provisions of this MOU. If the City Council fails to adopt the necessary ordinances and resolutions to implement the provisions of this MOU, the parties agree to meet and confer. Article 1.04 Recognition The City hereby confirms its recognition of the Union as the exclusive representative of employees in the Police Department Support Services representation unit, and agrees 3 99 to meet and confer with the Union on all matters relating to the scope of representation pertaining to the said employees as authorized by the law. The appropriate unit represented by the Union is generally described as all full time permanent Police Department Support Services non-sworn shift schedule employees. This recognition of the Union shall not be subject to challenge except as provided under the provisions of the City's Employer-Employee Organization Relations Resolution #3208. The list of classes within the bargaining unit is attached to this MOU as Appendix A. Article 1.05 Management Riqhts Except as limited by the specific and express terms of this MOU, the City hereby retains and reserves unto itself all rights, powers, authority, duties and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California and/or United States of America. The management and direction of the work force of the City is vested exclusively in the City and nothing in this MOU is intended to circumscribe or modify the existing rights of the City to direct the work of its employees; hire, promote, demote, transfer, assign and retain employees in positions within the City, subject to the rules and regulations of the City, discipline employees for proper cause; maintain the efficiency of governmental operations; relieve employees from duties because of lack of work; take action as may be necessary to carry out the City's mission and services in emergencies; and to determine the methods, means and personnel by which the operations are to be carried out, including the right to contract or subcontract any services performed by the City and require overtime work by City employees. Article 1.06 Union Membership The City agrees to: 1. Provide official dues deductions for all employees who subscribe to Union membership; 2. Provide official payroll deductions for approved Union insurance and welfare plans, not to exceed five programs; 3. Provide the Union with a list of newly hired employees in the representation unit monthly. Article 1.07 Organizational Security, Upon approval of this Agreement by the EI Segundo City Council, all unit employees who voluntarily became members of Union and those unit employees who voluntarily become members of Union during the term of this agreement shall remain members until the expiration of the agreement. Notwithstanding the above, employees may terminate their Union membership within forty-five (45) calendar days prior to the agreement expiration date. The Union shall indemnify and hold harmless the City and its Council individually and collectively from any legal costs and/or damages arising from claims, demands, or liability by reason of litigation arising from this article. The Union agrees to pay the City all legal fees and legal costs incurred in defending the City or its officers, employers, or agents against any court action or administrative action 4 100 challenging the legality or constitutionality of the provisions of this article or its implementation. Article 1.08 Savinqs If any provision or the application of any provision of this MOU as implemented should be rendered or declared invalid by a final court action or decree or preemptive legislation, the remaining sections of this MOU shall remain in full force and effect for the duration of said MOU. Article 1.09 No-Strike The Union agrees that during the term of this MOU their members employed by the City of EI Segundo will not strike, or engage in any work stoppage or slow down, engage in a concerted failure to report for duty, or fail to perform their duties in whole or in part for the purposes of inducing, influencing or coercing a change in conditions, or compensation, or the rights privileges or obligations of employment. The Union also agrees that their members employed by the City of EI Segundo will not refuse to cross a picket line in the performance of their normal and customary duties nor attempt to influence, either directly, or indirectly, the employees to honor an existing picket line in the performance of their normal and customary duties as employees. Article 1.10 Non-Discrimination The Union and the City recognize and agree to protect the rights of all employees to join and/or participate in protected Union activities or to refrain from joining or participating in protected activities in accordance with Government Code Sections 3550 and 3511. The City and the Union agree that they shall not illegally discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations, and shall act affirmatively to accomplish equal employment opportunities for all employees. The City and the Union shall reopen any provision of this Agreement for the purpose of complying with any final order of the Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with State or Federal anti-discrimination laws. Article 1.11 Steward's Time Upon timely request and for suitable reasons, the City Manager may authorize release of the Union Steward or his/her authorized representative from normal duties to assist in personnel matters involving Union members. s 101 Article 1.12 Union Administrative Time, Union officers and board members will be allowed up to a total of 20 hours as a group per year of administrative leave to attend Union and labor relations seminars, when on a scheduled day off/vacation day. All or part of these hours may be used for other conferences or seminars with the approval of the City Manager. During the meet and confer process, the City shall provide reasonable release time for bargaining unit members to participate in negotiations. Article 1.13 Grievance Procedure The Union may grieve on behalf of an individual, group of employees or the Union as a whole. 1. DEFINITION OF TERMS A. Grievance - A grievance is an allegation of a violation, misinterpretation or misapplication of a specific written departmental or agency rule or regulation or a specific provision of this MOU. A grievance is distinct from an appeal of discipline which is covered by the Personnel Rules and Regulations (Rule 15 and 16). B. Grievant - A grievant is an employee or group of employees adversely affected by an act of omission of the agency. b. Steps within the Grievance Procedures will be completed within (10) ten working days. C. Day - A day is a working day. D. Immediate Supervisor - The first level supervisor of the grievant. 2. TIME LIMITS A. Compliance and Flexibility - With the written consent of both parties, the time limitation for any step may be extended or shortened. B. Calculation of Time Limits - Time limits for the appeal provided at each level shall begin the day following receipt of a written decision or appeal by the parties. C. Failure to Meet Timeliness - Failure at any level of this procedure to communicate the decision on a grievance by the City within the specified time limits shall permit lodging an appeal at the next level of the procedure within the time allotted had the decision been given. If the grievance is not processed by the grievant or grievant in accordance with the time limits, the decision last made by the City shall be deemed final. 6 102 3. PROCEDURE Grievances will be processed following the procedures set forth below. A. Level I - Within ten (10) days of the date the employee reasonably knew or should have known of the incident giving rise to the grievance, the employee should make an effort to resolve the grievance with the employee's immediate supervisor. The supervisor shall hold discussions and attempt to resolve the grievance within ten (10) days. B. Level II - In the event such efforts do not produce a mutually satisfactory resolution, the employee or employees aggrieved must reduce their grievance to writing and file it with the immediate supervisor. Under no circumstances shall the formal written grievance be filed more than ten (10) days from the date the employee knew or should have known of the incident giving rise to the grievance. Procedure for Filinq a Grievance In filing a grievance, the employee should set forth the following information: a. The specific section of the Memorandum of Understanding, departmental or agency rules or regulations allegedly violated, misinterpreted or misapplied. b. The specific act or omission which gave rise to the alleged violation, misinterpretation or misapplication. C. The date or dates on which the violation, misinterpretation or misapplication occurred. d. What documents, witnesses or other evidence supports the grievant's position. e. The remedy requested. C. Level III - If the grievance is not resolved by the immediate supervisor, the grievant may present the grievance in writing to the department head within ten (10) days. The department head will respond in writing within ten (10) days. D. Level IV - If the grievance is not resolved by the department head, the grievant may present the grievance in writing to the City Manager within ten (10) days. The City Manager or designee will conduct an informal hearing and render a decision. Each party 7 103 shall have the right to present witnesses and evidence at the hearing. The conclusions and findings of this hearing shall be final. 4. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE A. The grievance procedure is not intended to be used for the purpose of resolving complaints, requests or changes in wages, hours or working conditions. B. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. C. The procedure is not intended to be used to challenge the merits of a reclassification, lay-off, transfer, denial of reinstatement, or denial of a step or merit increase. D. The procedure is not intended to be used in cases of reduction in pay, demotion, suspensions or a termination which are subject to the formal appeal process outlined in Ordinance 586 and the Personnel Rules and Regulations. 5. CONFERENCES Grievant(s) and City representatives, upon request, shall have the right to a conference at any level of the grievance procedure. 6. WRITTEN MATERIAL Copies of written material which may be used for disciplinary purposes shall be provided to the employee prior to placement in their official personnel file. The employee shall have the right to rebut any such document and have the rebuttal attached to the document prior to it becoming a permanent part of the employee's personnel file. Article 1.14 Lavoff Procedure 1. Grounds for Lavoff- Whenever, in the judgment of the City Council, it becomes necessary to reduce the workforce because of a lack of funds, lack of work or reorganization, an employee may be laid off, reduced in classification or displaced by another employee. Such layoff, reduction or displacement shall result from action of the City Manager or his designee. Such action shall not entitle the laid off, reduced or displaced employee to a right of appeal. The City Manager shall recommend to the City Council each classification to be affected by any such change. 2. Notice to Emplovees - The City shall notify the Union thirty (30) days prior to the implementation of layoffs, to provide for adequate time to meet and confer regarding the impact. An employee filling a full time position shall be given fourteen (14) calendar days prior notice of lay off. Employees 8 104 transferred, reduced or displaced shall be given five (5) calendar day's notice. The City Council may approve a reduction in the notice requirements, if so recommended by the City Manager. 3. At-Will Emplovees - The City Manager retains the right to layoff or alter the work assignment of the following employees at any time without notice or right of appeal: emergency employees, temporary or seasonal employees, part-time employees, original probationary employees, promotional probationary employees and employees designated as at-will. The promotional probationary employee shall revert to his/her previously held classification and position without loss of seniority. 4. Procedures for Layoff - A permanent employee in a classification affected by a reduction in force shall be laid off based on seniority in City service, that is the employee with the least City service shall be laid off first, followed by the employee with the second least City service, etc. Seniority shall be determined by hire date and shall mean seniority in City service. 5. Breaking Ties - In cases where two or more employees have the same date of hire (i.e. equal seniority), retention points for job performance shall be credited on the basis of the average of the. overall evaluation ratings for the last three (3) years in a classification, provided the last rating had been filed at least thirty (30) days prior to the date of the layoff notice. Retention points are as follows: "Unsatisfactory" Rating - 0 points "Improvement needed" Rating - 6 points "Satisfactory" Rating - 12 points "Exceeds expectations" Rating - 18 points "Outstanding" Rating - 24 points In the event of a tie in seniority, the employee with the lowest average of retention points shall be laid off first. In the event that one or more of the affected employees do not have a sufficient number of performance evaluations on file, ties shall be broken by a coin toss. 6. Reduction to a Vacant Position - An employee designated for layoff as a result of abolition of a position or classification may be offered appointment to a vacant position in a lower classification, if the employee is qualified by education and/or experience for such position. If there is more than one qualified employee to be offered such appointment(s), the offer(s) shall be based on seniority, with the employee with the highest seniority offered the position first, then the next highest, etc. If the employees have the same seniority, then the procedure for breaking ties set forth above shall apply. An employee accepting such appointment shall be placed on the step for the lower classification most closely corresponding, but in no case higher, than the salary step of his/her previously held position, and the employee will be assigned a new salary anniversary date on the effective date of the appointment. 9 105 7. Displacement Rights - An employee designated for layoff as a result of abolition of a position or classification may displace ("bump") an employee in a lower classification in which the employee has prior service, provided the laid off person has greater seniority than the employee in the lower classification An employee who is bumped shall be laid off in the same manner as employee whose position or classification is abolished. 8. Salary Placement -An employee who is assigned to a lower classification as a result of a displacement (bump) shall be placed on the step of the salary range of the new classification which is closest to the compensation of the employee in the previous classification, but in no case higher, and the employee will be assigned a new salary anniversary date on the effective date of the appointment. The employee shall, however, retain seniority while his/her name remains on reemployment list or lists. 9. Re-Emr)lovment List - The names of permanent employees who have been laid off under this section (including employees who have bumped down) shall be placed, in order of seniority from highest to lowest, on a reemployment list for their classification or any lower classification for which the employee is qualified by education and/or experience. Persons on such lists shall retain eligibility for appointment therefrom for a period of three years from the date their names were placed on the list. As a vacancy within a classification or lower related classification becomes available, the name appearing at the top of the list shall be offered the opportunity to fill the vacancy. The name of an individual selected from the list to fill the vacancy who refuses the re-employment offer shall be permanently removed from the re-employment list without right of appeal. Laid-off employees do not earn seniority credit or benefits while on the re- employment list. 10. Rights on Re-Emplovment - If a person is reemployed by the City within three years, the employee's seniority, sick leave and vacation accrual rates shall be reinstated. Any accumulated sick leave and/or vacation earnings shall also be reinstated to the extent that the employee did not receive compensation for such earnings at the time of lay off. Upon reemployment, employees will be placed on the same salary step held at the time of lay off. Article 1.15 Personnel Policies 1. Overtime Distribution - The City shall assign overtime work as equitably as possible among all qualified employees in the same classification in the same organizational unit. Such overtime work shall to the extent possible be assigned on the basis of volunteers. In the assignment of overtime under this provision, however, management may consider special skills required to perform particular work. 10 106 2. Good Friday - Employees shall be entitled to use vacation time for leaves with pay on Good Friday provided such absences are scheduled and approved by the City. ARTICLE 2 - SALARIES AND BENEFITS Article 2.01 Salaries Effective the beginning of the pay period following Council adoption of this MOU, the base salary of each affected employee shall be increased by three percent (3%) Effective the pay period which includes October 1, 2019, the base salary of each affected employee shall be increased by Two Percent (2%). Effective the pay period which includes October 1, 2020, the base salary of each affected employee shall be increased by Two Percent (2%). Effective the pay period which includes October 1, 2021, the base salary of each affected employee shall be increased by Two, Percent (2%), The City shall make a one-time ad hoc lump sum payment of Two Thousand Dollars ($2,000) to each "classic" member who is covered by this Memorandum of Understanding who is actively employed by the City on April 1 2019. The payment shall be made in the pay period that includes April 15, 2019. The one-time ad hoc payment paid is unconnected to performance and shall not be reflected on any City pay or salary schedule, shall not be the basis for any future negotiated salary increases, and shall not be reported as compensation earnable. The City shall make a one-time ad hoc lump sum payment of Two Thousand Dollars ($2,000) to each "classic" member who is covered by this Memorandum of Understanding who was employed by the City on April 1, 2019 and is actively employed by the City on April 1, 2021. The payment shall be made in the pay period that includes April 15, 2021. The one-time ad hoc payment is unconnected to performance and shall not be reflected on any City pay or salary schedule, shall not be the basis for any future negotiated salary increase, and shall not be reported as compensation earnable. Attached to this Memorandum of Understanding as Exhibits I and incorporated herein by reference, are the base salaries as reflected in the above provisions of Article 2.01. Article 2.02 Overtime/Compensatory Time 1. Overtime Calculation - An employee who is required to work more than forty (40) hours during any given work week shall be compensated at the rate of one and one-half times his/her regular rate of pay. The City, for 11 107 purposes of calculating overtime pay, shall not count sick leave or vacation time taken as hours worked. Reimbursable Overtime as defined in Article 2.02(5) and Forced Hire Overtime are not subject to the sick and vacation paid leave time exclusion noted above. Forced Hire Overtime is defined to mean when an employee is required/recalled to return to work by the department. The Supervisor will release a recalled/rehired employee when there is no circumstance justifying a hold-over of the person or whenever scheduling does not justify a hold-over of the person. A. Regular Rate of Pay Is defined in 29 CFR 778.108 et.seq. The definition used in this MOU is for general reference and does not override the specific definitions set forth in the Fair Labor Standards Act (FLSA). Therefore, as used in this MOU, the "regular rate of pay" is the total inclusive compensation paid to or on behalf of the employee except gifts, travel expenses, other reimbursable expenses, payments not mandated by the MOU or other rules/regulations, retirement and insurance contributions by the City, overtime and holiday pay. These are examples only and not intended to be an all-inclusive definition of the "regular rate of pay." Applicable statutes/case law shall prevail over any MOU definitions inconsistent with statutes/case law. The parties acknowledge that the City does not pay the employee's seven percent (7%) PERS member contribution and consequently the employer paid member contribution of seven percent (7%) does not apply to this bargaining unit and is not to be calculated as part of the regular rate of pay nor shall it be applied to any leave payouts. 2. Compensatory Time - Employees may substitute compensatory time for overtime pay if approved by their Department Head as follows: A. The employee can maintain up to eighty (80) hours of accrued compensatory overtime at any one time, and carry over unused time from year to year. Effective March 30, 2019, employees can maintain up to one-hundred twenty (120) hours of accrued compensatory overtime at any one time and carry over unused time from year to year. B. The employee may use compensatory time in conjunction with normal vacation time with prior approval of their Department Head. C. The employee can use up to forty (40) hours of compensatory time at any one time. 3. Cash in of Compensatory Time — Employees may cash in accrued compensatory time, once per calendar year, at the employee's current base rate of pay, by notifying the payroll division of their intent to do so no later than November 20th. Payment to the employee will be made on or 12 108 about the 10th of December. 4. Recall Minimum Hours - Employees who are required to return to work at a time other than their scheduled work day shall be compensated for a minimum of four (4) hours work. 5. Mandatory Traininq. — Employees who are required to return to work for training at a time other than their scheduled work day or are required to arrive to work for training at a time other than their scheduled work day shall be compensated for a minimum of four (4) hours work. Article 2.03 Familv Sick Leave Utilization The City shall comply with the Federal and State regulations of the Family and Medical Leave Act, California Family Rights Act, Healthy Workplaces, Healthy Families Act of 2014 ("Paid Sick Leave Law" -AB1522) and other applicable family leave laws. Affected employees shall be entitled to utilize accumulated sick leave for providing family medical necessity-related care. Depending upon the applicable leave law, "family member" may be defined as including but not limited to children, parents (of employee, spouse, or registered domestic partner), spouse, registered domestic partner, siblings, grandchildren, or grandparents. Utilization of said sick leave shall be contingent upon the employee making application for sick leave use in accordance with the City's policies and providing the required documentation evidencing that the sick leave is to be distributed because of a family member receiving medical attention by any type of health care provider. Article 2.04 Uniform Allowance and Replacement The City shall pay uniform, clothing, safety and personnel equipment allowance as follows: A. Police Service Officer 1/II, Crime Scene Investigator 1/11, and Police Assistants 1/II $240 per year or equivalent per month of active duty. B. Newly appointed Police Service Officers 1/II shall be provided with a uniform advance of $110, at the time of appointment. C. The City reserves the right to provide uniforms in lieu of the allowances provided for herein. Affected employees occupying the classifications of Police Service Officer 1/I1, Crime Scene Investigator 1/II and Police Assistant 1/11 shall have unserviceable uniforms replaced by the City by means of the replacement policies and procedures applicable to sworn uniformed City police personnel. Said replacement policy shall be in addition to any uniform maintenance allowance paid to affected employees. 13 109 Article 2.05 Emplovee Group Insurance Proqrams 1. Medical A. Effective January 1991, the City will contract with the California PERS for the Public Employees' Medical and Hospital Care Program for medical insurance. B. Effective May 1, 2019, the maximum monthly City-paid health insurance premium contribution for medical health insurance is $1,450.00. Upon Council approval of the MOU, the City will file the required Resolution with CalPERS to increase the monthly City-paid health insurance premium contribution to $1,450.00. Pursuant to CalPERS' regulations, the increased monthly City-paid health insurance premium contribution of $1,450.00 shall become effective the first of the month following the month after the Resolution is received by CalPERS. For example, if the Resolution is received by CalPERS by September 30th, the new rate will be effective November 1st. Effective January 1, 2020, the maximum monthly City-paid health insurance premium contribution for medical health insurance is $1,500.00 Effective January 1, 2021, the maximum monthly City-paid health insurance premium contribution for medical health insurance is $1,600.00 Effective January 1, 2022, the maximum monthly City-paid health insurance premium contribution for medical health insurance is $1,650.00 Effective January 1, 2005, employees may opt out of insurance and receive $250/month in cash. The opt out benefit is only available so long as the city's insurance rate is not adversely affected by the "opt out". The employee must provide verification of alternative coverage in order to opt out and is responsible for the tax consequences of the cash payment. The cash benefit is not subject to PERS retirement credit. The parties agree to re-open negotiations, upon request of the City, of this provision to discuss elimination of this opt out benefit. C. Employee Assistance Program —The City shall provide a basic level of service to employees at City cost. Basic level shall consist of three (3) sessions per member/per incident/per year. Employees may voluntarily enroll in the EAP/Outpatient tier at their own cost; the 2017 monthly rate is 9.52 and is subject to change. 14 110 D. Effective upon City participation in the Public Employees' Medical and Hospital Care Program the City will initiate a future retiree health insurance contribution program for retirees who participate in the Public Employees' Medical and Hospital; Care Program. Employees must have a minimum of five (5) years of service credit with CaIPERS in order to be eligible for paid retiree medical insurance. 2. Dental During the term of this agreement, the City will pay the premium for City contracted dental insurance for employees and eligible dependents. The City's aggregate contribution for current dental, optical and life insurance shall be capped at $135.00 per employee per month. 3. Optical During the term of this agreement, the City will pay the premium for City contracted optical insurance for employees and eligible dependents. The City's aggregate contribution for current dental, optical and life insurance shall be capped at $135.00 per employee per month. Article 2.06 Retirement 1. Effective (date), employees classified as "classic" PERS members shall pay seven percent (7%) (pre-tax) of the CalPERS member contribution. Effective the beginning of the pay period following Council adoption, employees classified as "classic" PERS members shall contribute an additional One Percent (1%) [total of 8%] of the employee normal cost as provided under California Government Code section 20516.5. (a) Tier I - The City has amended its contract with the Public Employees' Retirement System (PERS) to provide eligible employees with the benefits of the 2% at age 55 (Modified) retirement plan in accordance with Government Code Section 21354. (b) Tier II — The City has amended 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 formula applies to employees hired on or after December 30, 2012 who are already members of CalPERS. Tier I and Tier II participants will have their final compensation based upon the "single highest year" pursuant to Government Code Section 20042. (c) Tier III — Members of this bargaining unit who are first employed by 15 111 the City on or after January 1, 2013, and are "new employees" and/or "new members" as defined by AB 340 (Public Employees Pension Reform Act) shall be provided with the 2%@62 retirement formula. Members shall be subject to all other statutory requirements established by AB340, which includes paying 50% of the normal cost as determined by CalPERS. Members' final compensation shall be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of retirement, or some other 36 consecutive month period designated by the member. 4. The City has amended the contract between the Board of Administration, California Public Employees' Retirement System and the City Council, City of EI Segundo to provide Section 21548, "Pre-Retirement Optional Settlement 2 Death Benefit" for bargaining unit members (local miscellaneous members). Article 2.07 Differential Pav Shift Differential — Effective on the first day of the pay period in which ratification occurs, employees shall be entitled to shift differential pay of 5% for swing shift and 8% for graveyard for the total number of hours worked during any shift when a minimum of four (4) hours of an employee's shift occurs during the swing shift (shift begins on or after 1000 hrs.) or graveyard shift (shift begins on or after 1800 hrs.), as applicable. Shift Differential pay shall apply to both scheduled and non- scheduled shift work assignments which include voluntary and mandatory overtime assignments. Employees whose work hours extend into the swing or graveyard shifts due to overtime, shall be paid the applicable shift differential pay for the actual number of hours worked during the swing or graveyard shifts, in addition to the overtime compensation. Effective January 1, 2005, employees may not work the same bid shift for more than 18 months. Animal Control Differential - Effective October 15, 2000, Police Service Officers who are specifically assigned to perform "animal control" duties during a shift, who perform "animal control" duties on an emergency basis during a specific shift, or who perform "animal control" duties during a specific shift when no employee is specifically assigned to perform "animal control" duties shall receive differential pay in the amount of twenty dollars and twenty-six cents ($20.26) for each specific shift in which they meet any of these qualifications. (See Appendix E for side letter.) Animal Control Differential Pay does not apply to a Police Service Officer ll. 16 112 Article 2.08 Computer Purchase Program 1. Contingent upon the City determining that sufficient funds exist for said purpose, provision to each affected employee of a maximum $4000.00 cumulative interest free loan for an initial purchase of personal computer hardware, software and ergonomic-related furniture and equipment. An employee with an outstanding balance on a prior computer loan as of July 1, 1998 will have that amount currently due from the previous loan subtracted from the amount the employee can borrow interest free under this program. 2. Subsequent loans or amounts in excess of the above maximum interest free loan, would be at an interest rate of 3%. All loans would include a 35- month repayment term. 3_ Anti-virus software shall be required as a prerequisite in granting requested loans 4. The City's determination in this regard is not subject to administrative or judicial appeal. Loans shall be repaid through payroll deductions over a three year period. Outstanding loan balances must be paid off at the time an employee separates from City service and the City shall be authorized to recover any loan balance by making deductions from the employee's final check. 5. The City would retain title, as security, to any equipment purchased with funds from the above described loans, until such time as the loan is fully paid off. The City is to be notified of any exchange or updating of equipment. 6. Effective March 20, 2019, the computer loan program shall be eliminated. The City shall honor the computer loan requests from unit members who have submitted such requests prior to March 19, 2019 subject to the guidelines of the program. Article 2.09 Sick Leave 1. Sick Leave Accumulation - Employees shall receive one (1) eight (8) hour day accumulation for each month's service not to exceed a maximum of 600 hours. Current employees with more than 600 hours of accumulated sick leave will be allowed to utilize that amount as their personal sick leave cap throughout the remainder of their service with the City. 2 Minimum Service with Citv of EI Sequndo to Receive Pav for a Desiqnated Percentage of Accumulated Sick Leave. - Employees who retire must have been employed for a minimum of five (5) years with the City of EI Segundo in a classification covered by this Agreement in order to receive pay for unused sick leave balance. 3. Sick Leave Pavment Upon Separation - Affected employees having a 17 113 minimum of 5 years of service will be paid for 50% of their unused sick leave upon death or termination. Employees shall receive 100% of their unused sick leave upon a service or disability retirement. The rate of pay for sick leave payment upon separation shall be at the base salary hourly rate of pay. 4. Sick Leave - Payment of One Hundred Percent of Accrual - On the first day of December of each year, employees who maintain a balance of 600 hours of sick leave accrual shall be paid for one hundred percent (100%) of sick leave accumulated and not used during the preceding twelve- month period. Payment shall be made on or before December 10th. Effective upon Council adoption of the MOU, all sick leave payments under this provision shall be at the base salary hourly rate of pay. 5. Sick Leave Accrued - Pavment on Termination Prior to December 1 st - Employees who terminate prior to the first day of December while maintaining a balance of more than 600 hours of sick leave shall also be paid seventy percent (70%) of their unused accrued sick leave accumulated since the preceding December 1st. The rate of pay for sick leave payment upon separation shall be at the base salary hourly rate of pay. 6. Sick Leave Certification -Any employee taking sick leave shall, upon his or her return to work, sign a statement certifying the reasons for such sick leave. Employees absent forty or more consecutive hours must submit a statement from a doctor that the employee was under his care and is able to return to work. Upon the recommendation of a Department Director or his/her designee the City Manager or the Director of Human Resources may, before allowing such leave or before permitting an employee to return to work, require submission of a doctor's certificate for any absence. Any employee who makes a false claim to sick leave or who refuses to cooperate in an investigation by the City of his or her claim shall be subject to disciplinary action. In addition to the above, after an employee has used seventy-two (72) hours or more of sick leave during the employee's 12-month annual performance evaluation period, the employee's department head may require, for each sick leave absence thereafter during the year, that the employee provide a statement from a doctor verifying that the employee was under a doctor's care during the absence and that the employee is now able to return to work. In accordance with Labor Code Section 234 use of family sick leave will not be included when determining whether an employee has exceeded the 72 hour threshold set forth above. 7. Sick Leave Requests - Requests for sick leave benefits will not unreasonably be denied. Employees agree not to abuse the use of sick leave. 18 114 Article 2.10 Flexible Spending Account The City has implemented a Flexible Spending Account pursuant to the terms and conditions of the Internal Revenue Code as a benefit to members of this bargaining unit. Each employee is eligible to participate in this plan. Article 2.11 Bereavement Leave/Emergencv Leave A. Bereavement Leave - An employee shall be granted three (3) working days if he/she is traveling less than five hundred (500) miles one way as measured from EI Segundo City Hall. An employee shall be granted one (1) workweek if he/she is traveling more than five hundred (500) miles one way as measured from EI Segundo City Hall. Additionally, the definition of the "immediate family" whose funeral or memorial proceeding qualifies for the use of bereavement leave, shall include the children, parents, siblings, grandparents of the employee, the employee's spouse or significant other. B. Personal Emergencies - Employees, upon request, shall be entitled to utilize vacation, Personal Leave Day/Floating Holiday or accumulated compensatory time off for bona fide and substantiated personal emergencies, i.e, serious illness of immediate family members, and cases of extreme and unusual hardships of an emergency nature. In certain circumstances, notification requirements may be waived. Article 2.12 Step Advancement 1. Step Advancement Basic Salary Schedule - The advancement of a new employee from Step A shall be on the new employee's anniversary date which is established as the day immediately following satisfactory completion of his or her first six months' service; Steps B, C, and D contemplate one year's service in each of such classification subject to the limitation of Section F below and the advancements therefrom shall be on the anniversary date of the employee; Step E contemplates continued service in such classification until further advancement is indicated by reason of longevity. Notwithstanding the above, a supervisor may recommend to the department head that an employee receive an accelerated advancement of part or all of the next salary step B, C, D, or E (excluding Longevity Pay Steps), based on exemplary job performance. If the department head concurs, he/she shall submit a written report on the prescribed form to the Director of Human Resources citing specific examples of work performed by the employee that consistently exceeds expectations and warrants approval of part or all of the next salary step prior to the employee's anniversary date. The Director of Human Resources shall submit the request along with a recommendation for action by the City Manager. Recommended accelerated salary increases shall be in whole percentages ranging from 1-5%. An employee may receive more than 19 115 one salary step advancement, but in most cases the total granted shall not exceed 5% in a twelve (12) month period. The accelerated salary advancement(s) shall not change the affected employee's anniversary date. In no case shall an employee receive compensation that exceeds the E-step of their respective salary range. 2. Class Series Classifications - Notwithstanding the provisions of Section A, the following classes: Police Assistant 1/11 Police Service Officer 1/11 Crime Scene Investigator 1/11 The classifications listed above shall be described as class series classifications and shall be paid at either of two different salary range levels assigned to each class. In each of these classes, entry level may be made at two different work performance, skill, and assigned responsibility levels corresponding to the two different salary range levels. When entry is made at Level I, the employee shall progress through steps of the range assigned to that level in the manner described in Section 1, except as noted below. When entry is made at Level 11, the employee shall advance through the steps of the range assigned to that level in the same manner as described in Section 1. Every person employed at Level I shall be eligible to advance to Level II without regard to the number of other employees at either of the levels or budget limitations. To assure the latter, class series positions shall be budgeted at Level II in all cases. Merit considerations, as clarified by the factors listed below, shall be the exclusive basis for advancement to Level II. When a person is employed at Level I, such employee may be advanced to Level II upon a determination by the Department Head and approval of the Director of Human Resources that the employee's work performance, skill development, and demonstrated ability to perform higher level duties causes his/her assignment to Level 11 to be appropriate. No employee shall be advanced to Level II without such an evaluation. In making the determination to advance to Level II according to the above- noted factors, such determination shall not be made simply by subjective evaluation but shall be upon a finding that the employee's work performance meets specific criteria developing from the following factors, among others deemed appropriate: 20 116 Length of service at Level I; Acquisition of minimum requirements posted on the class specification and specialized skills required of the position; Achievement of specific job-related goals and objectives during a specified period of time; Increased ability to work without close supervision; Ability to exercise increased individual judgment; Ability to provide leadership and guidance to less experienced employees; Ability to understand and properly apply departmental rules; Ability to produce work which is acceptable both in terms of quality and quantity and which represents at least the average level of work produced by other Level II employees. Specific criteria for advancement within a class series shall be prepared jointly by each Department Head and the Director of Human Resources. Such criteria shall be approved by the City Manager. No employee shall be advanced form Level I to Level II except upon recommendation of the Department Head and approval of the City Manager. Whenever an employee is moved from Level I to Level II, such employee shall be compensated at the lowest rate of compensation provided for in the higher Level II salary range which exceeds by not less than five percent the rate of compensation received by said employee at the time of assignment to Level Il, unless otherwise ordered by the City Council. While occupying a position assigned to a class series classification, an employee shall serve only one probation period. 3. Longevity Pav - Employees to whom this Chapter applies who are eligible to receive longevity pay shall receive longevity pay based upon an overall rating of"standard" or higher as determined by the employee's performance evaluation. If the employee fails to qualify for longevity pay because of failure to have attained a "standard" or higher rating, and the employee's overall performance subsequently improves to at least a "standard" level, the longevity pay increase shall be granted upon the issuance of a satisfactory performance report. 4. Step Advancement - Anniversary Date - An employee advanced from any range to another range of the Basic Salary Schedule shall receive a new anniversary date which is the date of the change. If the employee anniversary date falls in the first week of the pay period, the effective date of the increase will be the first day of that pay period; if the effective date falls on the second week of the pay period, the effective date of the increase will be the first day of the following pay period. Other changes in 21 117 salary, unless specifically directed by the Council, shall not change the anniversary date, except for promotions made in accordance with the Personnel Merit System Ordinance or the Personnel Rules and Regulations. The City Council reserves the right, at any time, and in its sole discretion, to change the range number assigned to any officer or employee and to determine the particular step in any range number which is to be thereafter assigned to any such officer or employee, subject to meet and confer with the Union. Notwithstanding the above, an employee in a classification under Section B shall not be assigned a new anniversary date when he/she is advanced from Level I to Level II in that same classification. 5. Increases on Merit - Basic Salary Schedule - An employee shall be eligible for advancement to a higher step on the basis of service time as described in Section A and satisfactory performance of duties. An employee will be presumed to merit an increase unless his or her Department Head, with the concurrence of the Director of Human Resources notifies the employee in writing no later than the end of the pay period which begins after said employee's anniversary date that the increase should be withheld, stating reasons. The reasons shall be provided to the employee in writing. If the employee's performance subsequently improves to a satisfactory level, the step increase will be granted and the date of increase will become the employee's anniversary date. Article 2.13 Workers' Compensation Provisions A. Permanent employees who are members of the Public Employees' Retirement System and who receive injuries that are compensable under the California Workers' Compensation Laws (other than those to whom the provisions of Section 4850 of the Labor Code apply) shall be entitled to receive: 1. Seventy-five percent of the employee's regular salary for any so-called waiting period provided for in the Workers' Compensation Laws. 2. Thereafter, for a period of up to one year, or until earlier retirement on disability pension or a finding of permanent and stationary disability by a medical doctor, the difference between seventy-five percent of the employee's regular monthly salary and the amount of any temporary disability payments under the California Workers' Compensation Laws. Such payment shall cease when the employee receives a permanent disability award or is physically able to return to work. 3. These payments shall be provided without deductions for State or Federal Income Taxes, to the extent allowable by the Internal Revenue Service. B. In the event an employee is physically injured in the line of duty while involved in animal control, or the detention, transportation, or any other interaction with an inmate/detainee and such injury results in loss of time, the City shall compensate the 22 118 employee for one hundred percent (100%) of time lost from work for the first thirty (30) calendar days. In order for an employee to be posted in the payroll book as being off-duty due to an IOD, the employee must have been injured on-duty or contracted an illness determined to be work related, sent to the appropriate doctor, and relieved of further duty for a period of time specified by the examining doctor. Until such certification is made, employees shall be posted as being off sick and upon such certification shall have their sick time restored. Article 2.14 Holidays 1. Holidav Schedule - The following Days shall be considered as holidays for City employees: January 1St The third Monday in January (Martin Luther King Jr. Day) The third Monday in February (President's Day) The last Monday in May (Memorial Day) July 4th The first Monday in September (Labor Day) November 11th (Veteran's Day) Thanksgiving Day Day After Thanksgiving Day December 24th December 25th December 31 st 2. Holidav Pay— Police Assistant 1/II, Crime Scene Investigator 1/11 and Police Service Officers 1/11 who regularly are required to work on holidays, as is the current practice, shall be paid for one hundred twenty (120) hours in lieu of holidays on or about the 10th of December. Article 2.15 Life Insurance The City will provide a $20,000 Life Insurance policy for each employee. Article 2.16 Vacation Employees shall receive either: ORIGINAL ACCRUAL SCHEDULE 1. Twelve working days per year (96 hours) with full salary for the first seven 23 119 years of continuous service with the City. 2. Seventeen working days per year (136 hours) with full salary after seven years and until the completion of fourteen years of continuous service. 3. Twenty-two working days per year (176 hours) with full salary after fourteen years of continuous service. OR ALTERNATIVE ACCRUAL SCHEDULE 1. Twelve days per year (96 hours) from commencement of the first year of service through and including completion of the fifth year of service. 2. Fifteen days per year (120 hours) upon commencement of the sixth year of service through and including completion of the tenth year of service. 3. Eighteen days per year (144 hours)upon commencement of the eleventh year of service through and including completion of the fifteenth year of service. 4. Twenty-two days per year (176 hours) upon commencement of the sixteenth year of service and for all years of service thereafter. An employee desiring to participate in the "alternative" accrual schedule shall so advise Human Resources Department in writing of their election, no later than October 19, 1994. Failure to advise of an election to accrue vacation pursuant to the alternative schedule shall result in the employee continuing to accrue vacation on the "original" schedule. An election to accrue vacation on the alternative schedule or maintenance of accrual pursuant to the original schedule, shall be irrevocable. For this article, the term "day" shall be the equivalent of eight hours. Vacation time shall accrue on a monthly basis. Vacation leaves may be taken only after an employee has completed one year's continuous service. Article 2.17 Vacation Time Accumulation and Sale Vacation time shall be accumulated from date of last continuous permanent employment. All vacation shall be taken at such times as are agreeable to the head of the department and approved by the City Manager or designee. Earned vacations shall not be accumulated for a longer period than for two years' service. Each calendar year, an employee may sell back his/her accumulated annual vacation up to a maximum of the annual vacation accrual, to which they are entitled by length of service. Each employee may sell back vacation once per calendar year and only during the first two-weeks of December. The rate of pay shall be at the base salary hourly rate of pay. 24 120 Article 2.18 Vacation Time Accrual - For Temporary Industrial Disabilitv Notwithstanding the provisions of Article 2.19, employees on temporary industrial disability may accrue vacation time for longer than two years. Article 2.19 Lonq Term Disability Plan The City will add all unit members to its currently existing Long Term Disability Plan. Article 2.20 Direct Deposit It is agreed between the City and Union that it is in the mutual interest of the City and its employees that all covered employees utilize the currently available direct deposit system. Employees who do not desire to utilize direct deposit shall make their wishes known in writing to the City's Director of Human Resources, together with a statement of their reasons therefore. Requests for exceptions to this direct deposit policy shall not be unreasonably denied. Article 2.21 Promotional Examinations For the purpose of interpreting Section 2.28.080(8) of the EI Segundo Municipal Code, entitled "Examinations", the City agrees that a sufficient number" shall be three (3) eligible, qualified applicants who have indicated an interest in a particular promotion in writing to the Director of Human Resources Examinations may be specified by the Personnel Officer, as promotional only, as open only, or as both open and promotional. Article 2.22 Standbv DutV 1. Standby duty is the time that employees, who have been released from duty, are specifically required by their supervisor to be available for return to duty when required by the City. During standby, employees are not required to remain at their City work station or any other specified location. Standby duty employees are free to engage in personal business and activities. However, standby duty requires that employees: A. Be ready to respond immediately. B. Be reachable by paging device or telephone. The City may, in its' discretion, provide a paging device, e.g., a beeper, to an assigned standby duty employee. C. Be able to report to work within one (1) hour of notification. D. Refrain from activities which might impair their ability to perform 25 121 assigned duties. This includes, but is not limited to, abstaining from the consumption of any alcoholic beverage and the use of any illegal drug or incapacitating medication. E. Respond to any call back during the assigned standby duty. As with any City equipment, any paging device assigned to an employee is the responsibility of the standby employee during standby assignment. The employee is liable for loss or damage to the paging device, which is caused by the employee's negligence or intentional acts. 3. Failure of an employee to comply with the provisions of standby duty may subject the employee to discipline, up to and including termination of employment with the City. 4. For each assigned period of standby duty employees shall be provided two (2) hours of pay per day. 5. Employees recalled to duty shall receive a minimum of four (4) hours of recall pay. 6. An employee who uses sick leave or vacation leave during a standby period, occurring on or after, October 15, 2000, shall not be provided any form of compensation for the standby period, unless the employee's department head approves, in writing, the provision of the normal standby period compensation. Article 2.23 Educational Incentive Pav Eligible employees shall be entitled to receive educational incentive pay as shown below. The incentive is paid on the employee's base salary and shall be paid at the same times and in the same manner as base salary. Educational incentive pay is reported as compensation to PERS. Eligibility for educational incentive pay is limited to those employees who (a) are working in a job classification that does not require a bachelor's degree or higher degree to qualify for the classification and (b) were awarded such degree in one of the majors which had been approved by the Police Chief, in writing, prior to admission of the specific employee into that major. Educational Incentive Pay Police Assistant I Associate Degree $94.58/month Bachelor Degree $189.16/month Police Assistant II Associate Degree $104.40/month Bachelor Degree $208.80/month Police Service Officer I Associate Degree $113.79/month Bachelor Degree $227.57/month Police Service Officer II Associate Degree $125.60/month 26 122 Bachelor Degree $251.20/month Effective March 30, 2019, a Crime Scene Investigator 1/11 hired before May 10, 2014, shall be eligible for educational incentive pay if: i. The employee has been awarded a bachelor's degree; and ii. Was awarded such degree in one of the majors of public administration, business administration, engineering or other job-related major, which has been approved by the department head, in writing prior to admission of the specific employee into that major: Educational Incentive Pay Crime Scene Investigator 1 $227.57 Crime Scene Investigator II $251.20 Bargaining unit members hired after October 1, 2014 shall not be eligible for the Education Incentive Pay. Article 2.24 Longevity Pay Effective the beginning of the next pay period following Council adoption of the MOU, employees shall be entitled to the following longevity pay based on full-time, job related law enforcement experience: Longevity Pay Police Assistant I Completion of 5 years of service $56.75/month Completion of 10 years of service $113.50/month Completion of 15 years of service $264.50/month Completion of 20 years of service $331.04/month Police Assistant II Completion of 5 years of service $62.64/month Completion of 10 years of service $125.28/month Completion of 15 years of service $292.32/month Completion of 20 years of service $365.40/month Police Service Officer I Completion of 5 years of service $68.27/month Completion of 10 years of service $136.54/month Completion of 15 years of service $318.60/month Completion of 20 years of service $398.25/month Police Service Officer II Completion of 5 years of service $75.36/month 27 123 Completion of 10 years of service $150.72/month Completion of 15 years of service $351.67/month Completion of 20 years of service $439.59/month Longevity Pay is reported as compensation to PERS. Bargaining unit members hired after October 1, 2014 shall not be eligible for the Longevity Pay. Effective March 30, 2019, a Crime Scene Investigator II hired before May 10, 2014 shall receive the following longevity pay Crime Scene Investigator II Completion of 5 years of service $79.36/month Completion of 10 years of service $150.72/month Completion of 15 year of service $351.76/month Completion of 20 years of service $439.59/month Article 2.25 Traininci Pari The Department agrees to increase the base salaries of Police Services Officers and Police Assistants by four and one-half percent (4.5%) while assigned training responsibilities. Article 2.26 Court On-Call Pav A_ Except as set forth below, off-duty personnel who are placed in an on-call status for court during either the morning or the afternoon session will receive three (3) hours of paid overtime at a rate of time and one-half his/her regular rate of pay as defined in this MOU for each session the employee is in an on-call status. Off-duty personnel who are placed in an on-call status for court during both the morning and the afternoon sessions will receive six (6) hours of paid overtime at a rate of time and one-half his/her regular rate of pay. Employees will not receive on call pay if they are: 1. Called into court that session (in which the employee will receive call- back pay). 2. Ordered to report to work 3. Already receiving pay from the City for any other reason (e.g. IOD, administrative leave, etc). B. Employees shall not have the option of reporting to work in lieu of being in an on-call status. C. Employees who are in an on-duty status are not eligible for court on-call pay. 28 124 D. Employees entitled to court on call pay shall accrue "limited use" time off in lieu of pay. Article 2.27 Court Call-Back Pav A. An employee called into court while off-duty shall be paid overtime for all time served plus travel time or three (3) hours at time and one-half, whichever is greater. "Off-duty"for the purposes of this section means the officer is not on duty, on paid administrative leave, on paid IOD leave, or being paid for any other reason. B. Employees entitled to court on call pay shall accrue "limited use"time off in lieu of pay. ARTICLE 3 - OTHER PROVISIONS Article 3.01 Druq-Free Workplace Statement and Substance Abuse Policv The parties have met and conferred in good faith regarding the adoption of a Drug-Free Workplace Statement and Substance Abuse Policy dated July 1, 2008, and the same shall be implemented concurrent with the adoption of this MOU. Article 3.02 Smokinq Policv The parties have met and conferred in good faith regarding the adoption of a non- smoking policy dated October 5, 1994, and the same shall be implemented concurrent with the adoption of this MOU. Article 3.03 Education Reimbursement 1. Reimbursement Procedures - Permanent employees may participate in the City's Educational Reimbursement Program. 2. Repavment Upon Termination - Employees who participate in the Educational Reimbursement Program will be required to sign the following agreement: "I certify that I have successfully completed the course(s), receiving a grade of "C" or better. A copy verifying this grade is attached. I agree to refund the City or have deducted from my final paycheck any educational reimbursement funds received under this program if I should leave the City's employ, voluntarily or through termination with cause, within one year after completion of the course work for which I am to receive reimbursement. The amount of refund shall be determined in accordance with following schedule: 29 125 When Depart Percentage 1 month after course completion 100% 2 months 100% 3 months 90% 4 months 80% 5 months 70% 6 months 60% 7 months 50% 8 months 40% 9 months 30% 10 months 20% 11 months 10% 12 months 0% 3. Eligible employees may receive no more than one thousand seven hundred fifty dollars ($1,750.00) per calendar year under this program. Article 3.04 Catastrophic Leave Bank The City shall institute a catastrophic leave bank as follows: 1. Purpose - To establish a program whereby City employees may donate accumulated time to a catastrophic sick leave bank to be used by permanent, part-time and full-time employees who are incapacitated due to a catastrophic illness or injury. 2. Definition - A catastrophic illness or injury is a chronic or long term health condition that is incurable or so serious that, if not treated, it would likely result in a long period of incapacity. 3. Procedures A. There is established a joint-employer/employee committee composed of an individual from each recognized employee organization and a representative of City Administration charged with administering the Catastrophic Leave Bank. B. Employees may transfer sick leave, vacation or compensatory leave to the Catastrophic Leave Bank to be donated to an employee who is experiencing catastrophic illness and has exhausted all personal sick leave. Such a transfer can be made on July 1 of each year on forms provided by the City of EI 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. 30 126 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. Article 3.05 Temporary Service in a Hiqher Classification When an employee is qualified for and is required for an appreciable period of time to serve temporarily in and have the responsibility for work in a higher class or position, when approved by the City Manager, such employee, while so assigned, shall receive the entrance salary rate of that class or whatever step thereof that is not less than five percent above his or her present rate, whichever is higher. For the purpose of this section, "applicable period of time" is defined as ten consecutive working days (eight working days if on four-ten plan) or longer. Article 3.06 Promotions In all cases where an employee promoted to a classification in for which a higher rate of compensation is provided, then such employee so promoted shall enter into such higher classification at the lowest rate of compensation provided for such higher classification which exceeds by not less than five percent the base rate of compensation, excluding special assignment pay, received by said employee is such given classification at the time of such promotion, unless otherwise ordered by the City Council. All supervisors shall be paid a base rate not less than the next higher base rate than any of their subordinates. In the event that a supervisor is paid a base rate of pay equal to or lower than one of his regularly assigned subordinate's base rate, the supervisor's base rate shall be advanced to a step in his/her salary range which is next higher than any subordinate's base pay exclusive of longevity pay, educational incentive pay, and special assignment pay. Article 3.07 Termination Pav Upon termination of employment during a pay period, pay shall be prorated and paid for each day worked in said pay period at the base salary hourly rate of pay and the terminal salary warrant shall include accrued vacation pay to the time of termination. Article 3.08 Jury Duty Employees shall be entitled to a leave of absence for jury duty subject to compliance with all of the following conditions. A. The employee must provide written notice of the expected jury duty to his or her supervisor as soon as possible, but in no case later than 14 days before the beginning of jury duty. 31 127 B. During the first two weeks of jury duty, an employee shall be entitled to receive his or her regular compensation. C. For any portion of jury duty that extends beyond the first two weeks, such extended jury duty period shall be without pay. D. Any compensation for the first two weeks of jury duty, except travel reimbursement pay, must be deposited with the Director of Human Resources. E. While on jury duty, the employee must report to work during any portion of a day that the employee is relieved of jury duty for three or more consecutive hours. F. The employee must provide documentation of his or her daily attendance on jury duty. Article 3.09 Phvsica! Examinations The City will allow up to two (2) days of accumulated sick leave per year to be used for purposes of physical examinations, subject to submission of a doctor's verification. The City further agrees that requests for sick leave benefits will not unreasonably be denied. Article 3.10 Joint Labor Manaqement Team Pursuant to the meet-and-confer process for 1997-98, it was agreed upon that representatives of the City and the Union shall create joint labor management teams to foster improved communication and productivity. Article 3.11 ❑iscivlinary Action - Authority to Take Modify Personnel Rule 14.4 to include the following: 1. Prior to making a final decision to take disciplinary action involving suspension, demotion, dismissal or reduction in pay, the City Manager shall give written notice of the proposed action to the concerned employee. The notice shall include a statement of reasons that a disciplinary action is being proposed and shall include a copy of the charges being considered by the City Manager. Except when of a confidential nature, the supporting documentation will be provided with the written notice to the employee. A written notice delivered to the employee's last known address shall constitute adequate notice. 32 128 Article 3.12 Policies The parties have agreed upon an Occupational Injury and Illness Policy, dated June 23, 2004. Article 3.13 Re-Opener The parties agree that during the term of this Agreement, they shall reopen negotiations to discuss modification of the municipal code that covers the personnel merit system and the employee performance evaluation program. Any changes are subject to mutual agreement. Article 3.14 Binding Arbitration A. Civil Claims: Both the City and employees covered by this Memorandum of Understanding agree that the claims described in this Section 3.22.Ashall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act, in conformity with the procedures of the California Arbitration Act ("CAA") (Cal. Code Civ. Proc. Sec 1280 et. seq, including-section 1283.05 and all of the CAA's other mandatory and permissive rights to discovery). Nothing in this Memorandum of Understanding shall prevent either party from obtaining provisional remedies to the extent permitted by Code of Civil Procedure Section 1281.8 either before the commencement of or during the arbitration process. All rules of pleading, (including the right of demurrer), all rules and judgment under Code of Civil Procedure Section 631.8 shall apply and be observed. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded. 1. The civil claims which are subject to final and binding arbitration shall include, but not be limited to, any and all employment-related claims or controversies, such breach of employment agreement, breach of the covenant of good faith and fair dealing, negligent supervision or hiring, wrongful discharge in violation of public policy, unpaid wages of overtime under the state and federal wage payment laws, breach of privacy claims, intentional or negligent infliction of emotional distress claims, fraud, defamation, and divulgence of trade secrets. This also specifically includes claims that could be asserted under all state and federal anti- discrimination laws, including but not limited to the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Family and Medical Leave Act, and claims for discrimination and harassment in employment on the basis of race, age, sex, religion, national origin, alienage, religion, marital status, sexual orientation, disability, political activity, or any other statutorily-protected basis. It shall also include any and all claims an employee may have under the Fair Labor Standards Act, the California Labor Code, and the Industrial Welfare Commission Wage Orders, as well as any other state and federal statutes. This Article 3.22 is 33 129 further intended to apply to any claim Employee(s) may have against the City and/or any of its directors, employees, or agents, and to any and all past and future employment relationships Employee may have with the City regardless of job position or title. City shall also arbitrate all claims it has against the employee under the same rules and regulations set forth herein. 2. Notwithstanding the provisions of this Article, employees covered by this Memorandum of Understanding may elect to file a claim for workers' compensation and unemployment insurance benefits with the appropriate state agencies, and administrative charges with the Equal Employment Opportunity Commission, California Department of Fair Employment and Housing, and any similar state agency. Unless otherwise required by applicable law, all other employment-related claims shall be resolved by final and binding arbitration and not by a jury in a court of law. 3. To the fullest extent permitted by law, employees covered by this Memorandum of Understanding agree that they shall not join or consolidate claims submitted for arbitration pursuant to this Article 3.22.A with those of any other persons, and that no form of class, collective, or representative action shall be maintained without the mutual consent of the parties. Any dispute over the validity, effect, or enforceability of the provisions of this paragraph, including whether the arbitration may proceed as class, collective, or representative action, shall be for a court of law and not an arbitrator to decide. 4. The City shall bear the costs of any arbitration conducted pursuant to this Article 3.22.A, including the compensation of the Arbitrator, all administrative expenses, and CSR transcripts. Except as may otherwise be required by law, the parties shall be responsible for their own attorneys' fees and costs incurred in presenting their case to the Arbitrator. The Arbitrator shall render a written award within 30 days after the matter is submitted for determination, and the award of the arbitrator shall be final and binding on the City, the Association and the employee. 5. The arbitration shall be held before a single arbitrator, who shall be an attorney at law and an experienced employment law arbitrator. The arbitrator shall be mutually selected by the parties. The Arbitrator shall have the power to award all legal relief available in a court of law, including any and all damages that may be available for any of the claims asserted. In addition, each of the parties shall retain all defenses that they would have in a judicial proceeding, including defenses based on the expiration of the statute of limitations and that the damages being sought are not authorized or are excessive. B. Appeal of Discipline The Parties understand that employees covered by this Memorandum of Understanding 34 130 are entitled to disciplinary appeal procedures under the City's Personnel Merit System Administrative Code. Under Administrative Code Section 1-6-8, employees have the right to have the Los Angeles County Civil Service Commission hear appeals from dismissal, demotion, and suspensions for a period of six (6) days or longer. The Parties agree that an employee covered by this Memorandum of Understanding may opt to have these disciplinary actions be submitted to binding and final arbitration. 1. The arbitration shall be held before a single arbitrator, who shall be an experienced labor and employment law arbitrator. The parties shall select an arbitrator from a list of seven arbitrators provided by the State Mediation and Conciliation Service. If the parties are unable to reach an agreement in the selection of a hearing officer, each shall strike names from the list until a final name is selected as the Arbitrator. 2. The City shall pay the costs of the arbitrator and court reporter fees and transcript, if a court reporter is requested by the parties. The parties shall be responsible for their own attorneys' fees and costs incurred in presenting their case to the Arbitrator. 3. Any dispute over the validity, effect, or enforceability of the provisions of this Article 3.22.13, shall be for a court of law and not an arbitrator to decide. 4. Under this Section, 3.23.13, the Arbitrator's authority will be limited to determining: Whether the City has satisfied the seven tests of just cause; and, if not, what is the appropriate remedy. The Arbitrator shall render a written award within 30 days after the matter is submitted for determination, and the award of the arbitrator shall be final and binding on the City, the Association and the employee. The Arbitrator may not increase the level of discipline. 5. At least ten business days before the scheduled arbitration, the parties shall exchange the following information: (i) a list of all witnesses each party intends to call during its case-in-chief; and (ii) copies of all documents each party intends to introduce during its case-in-chief. C. Contract Interpretation Disputes The Parties agree that any grievance filed under Article 1.13 of this Memorandum of Understanding that is an allegation of a violation, misinterpretation, or misapplication of this MOU, shall be subject to final and binding arbitration. The Association must file a written request for final and binding arbitration within ten (10) days of receipt of the City's response at Level III. 1. The arbitration shall be held before a single arbitrator, who shall be an experienced labor and employment law arbitrator. The parties shall select an arbitrator from a list of seven arbitrators provided by the State Mediation and Conciliation Service. If the parties are unable to reach an agreement in the 35 131 selection of a hearing officer, each shall strike names from the list until a final name is selected as the Arbitrator. 2. The City shall pay the costs of the arbitrator and court reporter fees and transcript, if a court reporter is requested by the parties. The parties shall be responsible for their own attorneys' fees and costs incurred in presenting their case to the Arbitrator. 3. Any dispute over the validity, effect, or enforceability of the provisions of this Article 3.23.C, shall be for a court of law and not an arbitrator to decide. 4. The Arbitrator's authority will be limited to interpreting the provisions of the Memorandum of Understanding and the Arbitrator has no authority to add to, subtract from, or modify the Memorandum of Understanding in any way. The Arbitrator shall have the authority to determine questions of arbitrability of contract interpretation disputes. The Arbitrator shall render a written award within 30 days after the matter is submitted for determination, and the award of the arbitrator shall be final and binding on the City, the Association and the employee. 5. At least ten business days before the scheduled arbitration, the parties shall exchange the following information: (i) a list of all witnesses each party intends to call during its case-in-chief; and (ii) copies of all documents each party intends to introduce during its case-in-chief. D. This Article 3.22 is entered into under the California Arbitration Act and the Meyers-Milias-Brown Act, and shall be interpreted and construed in accordance with the law and procedures developed under those respective statutes. 36 132 For the Police Support Services For the City: Employees' Association: Larry Harrington, Steward Greg Carpenter, City Manager Laurie Eisma, Steward David Serrano Director of Human Resources Joe Camagong, Steward Gregorio Daniel, Teamsters' Business Representative Date Date 37 133 APPENDIX A BARGAINING UNIT CLASSIFICATIONS Police Assistant 1/II Police Service Officer 1/11 Crime Scene Investigator 1/11 38 134 Appendix B Side Letter Agreement to the 2007 — 2010 Memorandum of Understanding between the City of EI Segundo and the EI Segundo Police Support Services Employees Association This side letter memorializes an agreement reached between the City of EI Segundo and the EI Segundo Police Support Services bargaining unit represented by California Teamsters Local 911 to reflect an agreement regarding the terms and conditions of employment for members of the bargaining unit. All other terms and conditions of the 2007 — 2010 Memorandum of Understanding shall remain in full force and effect. The parties agree to the following: 1) Any reference to animal control duties in the Police Service Officer I class specification does not apply to the following personnel: Julio Martinez, Dean Sumi, Paul Saldana or Jan Mitsuda. However, if any of the listed personnel choose to perform animal control duties this side letter agreement would not preclude them from doing so. Nor does it preclude any of the listed personnel from promoting to the Police Service Officer II classification once they have met the minimum qualifications. 2) The City agrees to continue the Police Department's current practice of not scheduling employees in the job classification of Police Assistant 1/11 to work on Thanksgiving Day or Christmas Day. This practice is subject to the emergency and/or operational needs of the Department. For the EI Segundo For the City Police Support Services of EI Segundo Employees Association Date: Date: 39 135 EXHIBIT 1 SALARY SCHEDULE 40 136 CITY OF EL SEGUNDO Police Support Services Employee Association March 30, 2019-Salary Schedule- Resolution# 3 % - March 30, 2019 TITLE B.U. GRADE STEP A STEP B I STEP C STEP D STEP E Crime Scene Investigator I PSSE 29 4947.19 5194.56 5454.28 5727.00 6013.35 Crime Scene Investigator II PSSE 33 5460.77 5733.81 6020.50 6321.53 6637.61 Police Assistant I PSSE 13ps 3629.72 3811.21 4001.77 4201.85 4411.94 Police Assistant II PSSE 17ps 4006.54 4206.87 4417.21 4638.06 4869.96 Police Service Officer I PSSE 22ps 4366.66 4585.00 4814.25 5054.96 5307.70 Police Service Officer II PSSE 26ps 4819.98 5060.98 5314.03 5579.73 5858.71 w 3/11/2019 CITY OF EL SEGUNDO Police Support Services Employee Association October 1, 2019-Salary Schedule- Resolution# I 2 % -October 1, 2019 B.U. C TPD TEP E TITLE GRADE STEP A STEP B STEP STEP S Crime Scene Investigator I PSSE 29 5046.14 5298.45 5563.37 5841.54 6133.61 Crime Scene Investigator II PSSE 33 5569.99 5848.49 6140.91 6447.96 6770.36 Police Assistant I PSSE 13ps 3629.72 3811.21 4001.77 4201.85 4411.94 Police Assistant II PSSE 17ps 4006.54 4206.87 4417.21 4638.06 4869.96 Police Service Officer I PSSE 22ps 4366.66 4585.00 4814.25 5054.96 5307.70 Police Service Officer II PSSE 26ps 4819.98 5060.98 5314.03 5579.73 5858.71 w 00 3/11/2019 CITY OF EL SEGUNDO Police Support Services Employee Association October 1, 2020-Salary Schedule- Resolution# 2 % -October 1, 2020 TITLE B.U. GRADE STEP A STEP B STEP C STEP D STEP E Crime Scene Investigator I PSSE 29 5147.06 5404.42 5674.64 5958.37 6256.29 Crime Scene Investigator II PSSE 33 5681.39 5965.46 6263.73 6576.92 6905.77 Police Assistant I PSSE 13ps 3702.31 3887.43 4081.80 4285.89 4500.18 Police Assistant II PSSE 17ps 4086.67 4291.00 4505.55 4730.82 4967.36 Police Service Officer I PSSE 22ps 4453.99 4676.70 4910.53 5156.06 5413.86 Police Service Officer II PSSE 26ps 4916.38 5162.20 5420.31 5691.32 5975.89 w co CITY OF EL SEGUNDO Police Support Services Employee Association October 1, 2021 -Salary Schedule- Resolution# 2 %-October 1, 2021 ,TITLE B.U. GRADE STEP A STEP B STEP C STEP D STEP E Crime Scene Investigator I PSSE 29 5250.00 5512.51 5788.13 6077.53 6381.41 CCrime Scene Investigator If PSSE 33 5795.01 6084.77 6389.01 6708.46 7043.88 Police Assistant I PSSE 13ps 3776.36 3965.18 4163.44 4371.61 4590.18 Police Assistant II PSSE 17ps 4168.40 4376.82 4595.66 4825.44 5066.71 Police Service Officer I PSSE 22ps 4543.07 4770.23 5008.74 5259.18 5522.14 Police Service Officer I I PSSE 26ps 5014.71 5265.45 5528.72 5805.15 6095.40 0 RESOLUTION NO. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA AND THE EL SEGUNDO POLICE SUPPORT SERVICES EMPLOYEES' ASSOCIATION BARGAINING UNIT The City Council of the City of EI Segundo does hereby resolve as follows: Section 1: Discussions have taken place in the meet and confer process have resulted in a mutually agreeable Memorandum of Understanding between the City of EI 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 EI 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 minutes of this meeting. Section 4: This Resolution will become effective immediately upon adoption and PASSED AND ADOPTED this day o f 2018. Drew Boyles, Mayor 141 RESOLUTION NO. FIXING THE EMPLOYER CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION WHEREAS, (1) City of EI Segundo is a contracting agency under Government Code Section 22920 and subject to the Public Employees' Medical and Hospital Care Act (the "Act") for participation by members of 008 Police Support Services Employee Association and WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency subject to Act shall fix the amount of the employer contribution by resolution; and WHEREAS, (3) Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and RESOLVED, (a) That the employer contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of$1,450.00 per month, plus administrative fees and Contingency Reserve Fund assessments; and be it further RESOLVED, (b) City of EI Segundo has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above; and be it further RESOLVED, (c) That the participation of the employees and annuitants of City of EI Segundo shall be subject to determination of its status as an "agency or instrumentality of the state or political subdivision of a State" that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that City of EI Segundo would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer. RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint and direct, the City Clerk to file with the Board a verified copy of this resolution, and to perform on behalf of City of EI Segundo all functions required of it under the Act. Adopted at a regular meeting of the EI Segundo City Council at EI Segundo, CA, this 19th day of March, 2019. Signed: Drew Boyles, Mayor Attest: Tracy Weaver, City Clerk CHANGE-BY GROUP,EQUAL,1 FIXED(REV. 1/2018) 142 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO AND THE CALIFORNIA TEAMSTERS, PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911 (POLICE SUPPORT SERVICES EMPLOYEES BARGAINING UNIT) ARTICLE/ SECTION NUMBER........................................................................... PAGE Article 1 - General Provisions 1.01 Preamble........................................................................................................ 3 1.02 Conclusions and Term of Agreement.............................................................. 3 1.03 Implementation of Agreement........................................................................ 3 1.04 Recognition.................................................................................................... 3 1.05 Management Rights....................................................................................... 4 1.06 Union Membership................................................. ............ .................... 4 1.07 Organizational Security.................................................................................. 4 1.08 Savings.......................................................................................................... 5 1.09 No Strike............................................................ ....................I....................... 5 1.10 Non-Discrimination........................................................................................ 5 1.11 Steward's Time.............................................................................................. 5 1.12 Union Administrative Time............................................................................ 6 1.13 Grievance Procedure.................................................................................... 6 1.14 Layoff Procedure....................................................................:..................... 8 1.15 Personnel Policies......................................................................................... 10 Article 2 -Salaries and Benefits 2.01 Salaries..................................................................................................... 11 2.02 Overtime/Compensatory Time......................................................... .......... 11 2.03 Family Emergency Care Sick Leave Utilization.............................................. 12 2.04 Uniform Allowance and Replacement........................................................... 13 2.05 Employee Group Insurance Program............................................................ 13 2.06 Retirement..................................................................................................... 14 2.07 Differential Pay.............................................................................................. 15 2.08 Computer Purchase Program......................................................................... 16 2.09 Sick Leave................................................................................ ................... 16 2.10 Flexible Spending Account.........................................................................:.. 17 2.11 Bereavement Leave/Emergency Leave.................................:...................... 18 2.12 Step Advancement..........................................................................................18 2.13 Worker's Compensation Provisions................................................................ 21 2.14 Holidays.......... ...................................................................................... 22 2.15 Life Insurance........................_.................................................................... 22 2.16 Vacation......................................................................................................... 22 1 143 2.17 Vacation Time Accumulation and Sale......................................................... 23 2.18 Vacation Time Accrual - For Temporary Industrial Disability........................ 23 2.19 Long Term Disability Plan............................................................................. 24 2.20 Direct Deposit............................................................................................... 24 2.21 Promotional Examinations............................................................................ 24 2.22 Standby Duty................................................................................................ 24 2.23 Educational Incentive Pay............................................................................ 25 2.24 Longevity Pay................................................................................ 26 26 2.25 Training Pay.................................................................................. 2.26 Court On-Call Pay .....................................................o.................... 26 2.27 Court Call-Back Pay ....................................................................... 27 Article 3 - Other Provisions 3.01 Drug Free Workplace Statement and Substance Abuse Policy.................... 27 3.02 Smoking Policy............................................................................................. 27 3.03 Education Reimbursement........................................................................_ 28 3.04 Catastrophic Leave Bank.............................................................................. 28 3.05 Temporary Service in Higher Classification.................................................. 29 3.06 Promotions.................................................................................................... 29 3.07 Termination Pay............................................................................................ 30 3.08 Jury Duty....................:..................................:...................................::.......... 30 3.09 Physical Examinations.................................................................................. 30 3.10 Joint Labor Management Team.................................................................... 30 3.11 Disciplinary Action -Authority to Take......................................o....................31 3.12 Policies.......................................................................................... 31 Appendix A- Bargaining Unit Classifications ................................................. 32 Appendix B—Side Letter Agreement...............................:............................ 33 Exhibit1 —Salary Schedule.......................................................................... 34 2 144 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO AND THE CALIFORNIA TEAMSTERS, PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911 (POLICE SUPPORT SERVICES EMPLOYEES BARGAINING UNIT) ARTICLE 1 -GENERAL PROVISIONS Article 1.01 Preamble This Memorandum of Understanding (hereinafter"MOU" or"Agreement") is made and entered into between the CALIFORNIA TEAMSTERS, PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911 (POLICE SUPPORT SERVICES EMPLOYEES BARGAINING UNIT), hereinafter referred to as "Union", and the management representatives of the EI Segundo City Council, hereinafter referred to as the "City", pursuant to the California Government Code Section 3500 et. seq. Article 1.02 Conciusions and Term of Aqreement The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and the benefits contained herein are given in consideration for the various provisions contained herein which may be a change in the prior employment practices of the City. Further, it is mutually agreed that this Memorandum of Understanding shall commence upon Council adoption on October 1, 28 -4--2018 and end September 29.-241-9-20-22. This Memorandum of Understanding contains all of the covenants, stipulations and provisions agreed upon by the parties regarding terms and conditions of employment. Therefore, for the life of this Agreement, neither party shall be compelled to meet and confer with the other party concerning any mandatory meet and confer issue which is covered by this Agreement. Article 1.03 Implementation of Agreement This MOU shall be jointly presented to the EI Segundo City Council for implementation along with all the ordinances, resolutions and such other additional actions as may be necessary to implement the provisions of this MOU. If the City Council fails to adopt the necessary ordinances and resolutions to implement the provisions of this MOU, the parties agree to meet and confer. Article 1.04 Recognition The City hereby confirms its recognition of the Union as the exclusive representative of employees in the Police Department Support Services representation unit, and agrees 3 145 to meet and confer with the Union on all matters relating to the scope of representation pertaining to the said employees as authorized by the law. The appropriate unit represented by the Union is generally described as all full time permanent Police Department Support Services non-sworn shift schedule employees. This recognition of the Union shall not be subject to challenge except as provided under the provisions of the City's Employer-Employee Organization Relations Resolution #3208. The list of classes within the bargaining unit is attached to this MOU as Appendix A. Article 1.05 Manaatement Rights Except as limited by the specific and express terms of this MOU, the City hereby retains and reserves unto itself all rights, powers, authority, duties and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California and/or United States of America. The management and direction of the work force of the City is vested exclusively in the City and nothing in this MOU is intended to circumscribe or modify the existing rights of the City to direct the work of its employees; hire, promote, demote, transfer, assign and retain employees in positions within the City, subject to the rules and regulations of the City, discipline employees for proper cause; maintain the efficiency of governmental operations; relieve employees from duties because of lack of work; take action as may be necessary to carry out the City's mission and services in emergencies; and to determine the methods, means and personnel by which the operations are to be carried out, including the right to contract or subcontract any services performed by the City and require overtime work by City employees. Article 1.06 Union Membership The City agrees to: 1. Provide official dues deductions for all employees who subscribe to Union membership; 2. Provide official payroll deductions for approved Union insurance and welfare plans, not to exceed five programs; 3. Provide the Union with a list of newly hired employees in the representation unit monthly. Article 1.07 Organizational Securitv Upon approval of this Agreement by the EI Segundo City Council, all unit employees who voluntarily became members of Union and those unit employees who voluntarily become members of Union during the term of this agreement shall remain members until the expiration of the agreement. Notwithstanding the above, employees may terminate their Union membership within forty-five (45) calendar days prior to the agreement expiration date. Sf;,�otivc Way 1, 29Q2, c !ottor off1�r.c^V, ��:ruan tl-. Cclifcrri�a Toar?/-Wro Lswl Q11/Polio^ 5vj:p'�rt5orr/icoc 126z.rpinin�y Unit wnt#tho City of €l S giwiO roSc,/_Iin3 implement36cn cf A3onoy chop prov Wk-x,\n wec, �)rgnad t y rn re_oo ntctivo3 0 tha Cit . The Union shall indemnify and hold harmless the City and its Council individually and collectively from any legal costs 4 146 and/or damages arising from claims, demands, or liability by reason of litigation arising from this article. The Union agrees to pay the City all legal fees and legal costs incurred in defending the City or its officers, employers, or agents against any court action or administrative action challenging the legality or constitutionality of the provisions of this article or its implementation. Article 1.08 Savinqs If any provision or the application of any provision of this MOU as implemented should be rendered or declared invalid by a final court action or decree or preemptive legislation, the remaining sections of this MOU shall remain in full force and effect for the duration of said MOU. Article 1.09 No-Strike The Union agrees that during the term of this MOU their members employed by the City of El Segundo will not strike, or engage in any work stoppage or slow down, engage in a concerted failure to report for duty, or fail to perform their duties in whole or in part for the purposes of inducing, influencing or coercing a change in conditions, or compensation, or the rights privileges or obligations of employment. The Union also agrees that their members employed by the City of EI Segundo will not refuse to cross a picket line in the performance of their normal and customary duties nor attempt to influence, either directly, or indirectly, the employees to honor an existing picket line in the performance of their normal and customary duties as employees. Article 1.10 Non-Discrirnination The Union and the City recognize and agree to protect the rights of all employees to join and/or participate in protected Union activities or to refrain from joining or participating in protected activities in accordance with Government Code Sections 3550 and 3511. The City and the Union agree that they shall not illegally discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations, and shall act affirmatively to accomplish equal employment opportunities for all employees. The City and the Union shall reopen any provision of this Agreement for the purpose of complying with any final order of the Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with State or Federal anti-discrimination laws. Article 1.11 Steward's Time Upon timely request and for suitable reasons, the City Manager may authorize release of the Union Steward or his/her authorized representative from normal duties to assist in personnel matters involving Union members. 5 147 Article 1.12 Union Administrative Time Union officers and board members will be allowed up to a total of 20 hours as a group per year of administrative leave to attend Union and labor relations seminars, when on a scheduled day off/vacation day. All or part of these hours may be used for other conferences or seminars with the approval of the City Manager. During the meet and confer process, the City shall provide reasonable release time for bargaining unit members to participate in negotiations. Article 1.13 Grievance Procedure The Union may grieve on behalf of an individual, group of employees or the Union as a whole. 1. DEFINITION OF TERMS A. Grievance -A grievance is an allegation of a violation, misinterpretation or misapplication of a specific written departmental or agency rule or regulation or a specific provision of this MOU. A grievance is distinct from an appeal of discipline which is covered by the Personnel Rules and Regulations (Rule 15 and 16). B. Grievant -A grievant is an employee or group of employees adversely affected by an act of omission of the agency. b. Steps within the Grievance Procedures will be completed within (10) ten working days. C. Day-A day is a working day. D. Immediate Supervisor -The first level supervisor of the grievant. 2. TIME LIMITS A. Compliance and Flexibility - With the written consent of both parties, the time limitation for any step may be extended or shortened. B. Calculation of Time Limits -Time limits for the appeal provided at each level shall begin the day following receipt of a written decision or appeal by the parties. C. Failure to Meet Timeliness - Failure at any level of this procedure to communicate the decision on a grievance by the City within the specified time limits shall permit lodging an appeal at the next level of the procedure within the time allotted had the decision been given. If the grievance is not processed by the grievant or grievant in accordance with the time limits, the decision last made by the City shall be deemed final. 6 148 3. PROCEDURE Grievances will be processed following the procedures set forth below. A. Level I - Within ten (10) days of the date the employee reasonably knew or should have known of the incident giving rise to the grievance, the employee should make an effort to resolve the grievance with the employee's immediate supervisor. The supervisor shall hold discussions and attempt to resolve the grievance within ten (10) days. B. Level II - In the event such efforts do not produce a mutually satisfactory resolution, the employee or employees aggrieved must reduce their grievance to writing and file it with the immediate supervisor. Under no circumstances shall the formal written grievance be filed more than ten (10) days from the date the employee knew or should have known of the incident giving rise to the grievance. Procedure for Filina a Grievance In filing a grievance, the employee should set forth the following information: a. The specific section of the Memorandum of Understanding, departmental or agency rules or regulations allegedly violated, misinterpreted or misapplied. b. The specific act or omission which gave rise to the alleged violation, misinterpretation or misapplication. C. The date or dates on which the violation, misinterpretation or misapplication occurred. d. What documents, witnesses or other evidence supports the grievant's position. e. The remedy requested. C. Level III - If the grievance is not resolved by the immediate supervisor, the grievant may present the grievance in writing to the department head within ten (10) days. The department head will respond in writing within ten (10) days. D. Level IV- If the grievance is not resolved by the department head, the grievant may present the grievance in writing to the City Manager within ten (10) days. The City Manager or designee will conduct an informal hearing and render a decision. Each party 7 149 shall have the right to present witnesses and evidence at the hearing. The conclusions and findings of this hearing shall be final. 4- MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE A. The grievance procedure is not intended to be used for the purpose of resolving complaints, requests or changes in wages, hours or working conditions. B. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. C- The procedure is not intended to be used to challenge the merits of a reclassification, lay-off, transfer, denial of reinstatement, or denial of a step or merit increase. D. The procedure is not intended to be used in cases of reduction in pay, demotion, suspensions or a termination which are subject to the formal appeal process outlined in Ordinance 586 and the Personnel Rules and Regulations. 5. CONFERENCES Grievant(s) and City representatives, upon request, shall have the right to a conference at any level of the grievance procedure. 6. WRITTEN MATERIAL Copies of written material which may be used for disciplinary purposes shall be provided to the employee prior to placement in their official personnel file. The employee shall have the right to rebut any such document and have the rebuttal attached to the document prior to it becoming a permanent part of the employee's personnel file. Article 1.14 Lavoff Procedure 1. Grounds for Lavoff-Whenever, in the judgment of the City Council, it becomes necessary to reduce the workforce because of a lack of funds, lack of work or reorganization, an employee may be laid off, reduced in classification or displaced by another employee. Such layoff, reduction or displacement shall result from action of the City Manager or his designee. Such action shall not entitle the laid off, reduced or displaced employee to a right of appeal. The City Manager shall recommend to the City Council each classification to be affected by any such change. 2. Notice to Emplovees-The City shall notify the Union thirty (30) days prior to the implementation of layoffs, to provide for adequate time to meet and confer regarding the impact. An employee filling a full time position shall be given fourteen (14) calendar days prior notice of lay off. Employees 8 150 transferred, reduced or displaced shall be given five (5) calendar day's notice. The City Council may approve a reduction in the notice requirements, if so recommended by the City Manager. 3. At-Will Emplavees - The City Manager retains the right to layoff or alter the work assignment of the following employees at any time without notice or right of appeal: emergency employees, temporary or seasonal employees, part-time employees, original probationary employees, promotional probationary employees and employees designated as at-will. The promotional probationary employee shall revert to his/her previously held classification and position without loss of seniority. 4. Procedures for Lavoff -A permanent employee in a classification affected by a reduction in force shall be laid off based on seniority in City service, that is the employee with the least City service shall be laid off first, followed by the employee with the second least City service, etc. Seniority shall be determined by hire date and shall mean seniority in City service. 5. Breaking Ties - In cases where two or more employees have the same date of hire (i.e. equal seniority), retention points for job performance shall be credited on the basis of the average of the overall evaluation ratings for the last three (3) years in a classification, provided the last rating had been filed at least thirty (30) days prior to the date of the layoff notice. Retention points are as follows: "Unsatisfactory" Rating - 0 points "Improvement needed" Rating - 6 points "Satisfactory" Rating - 12 points "Exceeds expectations" Rating - 18 points "Outstanding" Rating - 24 points In the event of a tie in seniority, the employee with the lowest average of retention points shall be,laid off first. In the event that one or more of the affected employees do not have a sufficient number of performance evaluations on file, ties shall be broken by a coin toss. 6. Reduction to a Vacant Position -An employee designated for layoff as a result of abolition of a position or classification may be offered appointment to a vacant position in a lower classification, if the employee is qualified by education and/or experience for such position. If there is more than one qualified employee to be offered such appointment(s), the offer(s) shall be based on seniority, with the employee with the highest seniority offered the position first, then the next highest, etc. If the employees have the same seniority, then the procedure for breaking ties set forth above shall apply. An employee accepting such appointment shall be placed on the step for the lower classification most closely corresponding, but in no case higher, than the salary step of his/her previously held position, and the employee will be assigned a new salary anniversary date on the effective date of the appointment. 9 151 7. Displacernent Rights -An employee designated for layoff as a result of abolition of a position or classification may displace ("bump") an employee in a lower classification in which the employee has prior service, provided the laid off person has greater seniority than the employee in the lower classification An employee who is bumped shall be laid off in the same manner as employee whose position or classification is abolished. 8. Salary Placement -An employee who is assigned to a lower classification as a result of a displacement(bump) shall be placed on the step of the salary range of the new classification which is closest to the compensation of the employee in the previous classification, but in no case higher, and the employee will be assigned a new salary anniversary date on the effective date of the appointment. The employee shall, however, retain seniority while his/her name remains on reemployment list or lists. 9. Re-Employment List -The names of permanent employees who have been laid off under this section (including employees who have bumped down) shall be placed, in order of seniority from highest to lowest, on a reemployment list for their classification or any lower classification for which the employee is qualified by education and/or experience. Persons on such lists shall retain eligibility for appointment therefrom for a period of three years from the date their names were placed on the list. As a vacancy within a classification or lower related classification becomes available, the name appearing at the top of the list shall be offered the opportunity to fill the vacancy. The name of an individual selected from the list to fill the vacancy who refuses the re-employment offer shall be permanently removed from the re-employment list without right of appeal. Laid-off employees do not earn seniority credit or benefits while on the re- employment list. 10. Riahts on Re-E=mnlovment - If a person is reemployed by the City within three years, the employee's seniority, sick leave and vacation accrual rates shall be reinstated. Any accumulated sick leave and/or vacation earnings shall also be reinstated to the extent that the employee did not receive compensation for such earnings at the time of lay off. Upon reemployment, employees will be placed on the same salary step held at the time of lay off. Article 1.15 Personnel Policies 1. Overtime Distribution - The City shall assign overtime work as equitably as possible among all qualified employees in the same classification in the same organizational unit. Such overtime work shall to the extent possible be assigned on the basis of volunteers. In the assignment of overtime under this provision, however, management may consider special skills required to perform particular work. 10 152 2. Good Friday- Employees shall be entitled to use vacation time for leaves with pay on Good Friday provided such absences are scheduled and approved by the City. ARTICLE 2 -SALARIES AND BENEFITS Article 2.01 Salaries Effective the beginning of the pay period following Council adoption of this MOU, the base salary of each affected employee shall be increased by eleven ree percent "4'%) 3�°1 Effective the Dav period which includes October 1. 2019. the base salaJN of each affected emolovee shall be increased by Two Percent (2%). Effective the oav Deriod which includes October 1. 2020, the base salary of each affected emDlovee shall be increased by Two Percent(2%1. Effective the Dav Deriod which includes October 1. 2021. the base salary of each affected emDlovee shall be inereas-ed by Two Percent(2%1.. The Citv shall make a one-time ad hoc lump sum oavment of Two Thousand Dollars ($2,000)to each "classic" member who is covered by this Memorandum of Understandina who is actively emoloved by the City_ on Anril 1 2019. The Davment shall be made irythe pav Deriod April 1.. 2019. The Davment shall be made in the Dav Deriod that includes April, 15. 2019. The one-time ad hoc Davment paid is unconnected to DerforMance and shall not be reflected on anv Citv Day or salary, schedule. shall not be the ba.,;i5 for anv future neaotiated salary ir)creases, and shall not be reported as compensation earnable. The Citv shall make a one-time ad hoc sumo sum Davment of Two Thousand Dollars ($2.000)to each "classic"Member who is-covered by this Memorandum of Understandina who was emDloved by the Citv on. April 1. 2019 and is actively emoloved by the Citv on April 1. 2021. The pavmeni shall be made in the Dav period that includes April 15. 2021. The one-time ab hoc Davmertt is unconnected to performance and shall not be reflected on anv Citv Dav or salary schedule,_shall not be the basis for anv future negotiated salary increase. and shall not be reported as, coruoeosation earnable. Attached to this Memorandum of Understanding as Exhibits I and incorporated herein by reference, are the base salaries as reflected in the above provisions of Article 2.01. Article 2.02 Overtime/Campensatory Time 11 153 1. Overtime Calculation -An employee who is required to work more than forty (40) hours during any given work week shall be compensated at the rate of one and one-half times his/her regular rate of pay. The City, for purposes of calculating overtime pay, shall not count sick leave or vacation time taken as hours worked. Reimbursable Overtime as defined in Article 2.02(5) and Forced Hire Overtime are not subject to the sick and vacation paid leave time exclusion noted above. Forced Hire Overtime is defined to mean when an employee is required/recalled to return to work by the department. The Supervisor will release a recalled/rehired employee when there is no circumstance justifying a hold-over of the person or whenever scheduling does not justify a hold-over of the person. A. Regular Rate of Pay Is defined in 29 CFR 778.108 et.seq. The definition used in this MOU is for general reference and does not override the specific definitions set forth in the Fair Labor Standards Act (FLSA). Therefore, as used in this MOU, the "regular rate of pay" is the total inclusive compensation paid to or on behalf of the employee except gifts, travel expenses, other reimbursable expenses, payments not mandated by the MOU or other rules/regulations, retirement and insurance contributions by the City, overtime and holiday pay. These are examples only and not intended to be an all-inclusive definition of the "regular rate of pay." Applicable statutes/case law shall prevail over any MOU definitions inconsistent with statutes/case law. The parties acknowledge that the City does not pay the employee's seven percent (7%) PERS member contribution and consequently the employer paid member contribution of seven percent (7%) does not apply to this bargaining unit and is not to be calculated as part of the regular rate of pay nor shall it be applied to any leave payouts. 2. Compensatory Time - Employees may substitute compensatory time for overtime pay if approved by their Department Head as follows: A. The employee can maintain up to eighty (80) hours of accrued compensatory overtime at any one time, and carry over unused time from year to year. Effective March 30. 2019. emolovees can maintain uo to one-hundred twenty 020] hours of accrued comoens;1tory overtime at anv one time and carry over unused time, from vear to vear. B. The employee may use compensatory time in conjunction with normal vacation time with prior approval of their Department Head. C. The employee can use up to forty (40) hours of compensatory time at any one time. 3. Cash in of Compensatory Time— Employees may cash in accrued 12 154 compensatory time, once per calendar year, at the employee's current base rate of pay, by notifying the payroll division of their intent to do so no later than November 201h. Payment to the employee will be made on or about the 101"of December. 4. Recall Minimum Hours - Employees who are required to return to work at a time other than their scheduled work day shall be compensated for a minimum of four (4) hours work. 5. Mandatory Traininq — Employees who are required to return to work for training at a time other than their scheduled work day or are required to arrive to work for training at a time other than their scheduled work day shall be compensated for a minimum of four(4) hours work. Article 2.03 Familv Sick Leave Utilization The City shall comply with the Federal and State regulations of the Family and Medical Leave Act, California Family Rights Act, Healthy Workplaces, Healthy Families Act of 2014 ("Paid Sick Leave Law" -AB 1522) and other applicable family leave laws. Affected employees shall be entitled to utilize accumulated sick leave for providing family medical necessity-related care. Depending upon the applicable leave law, "family member" may be defined as including but not limited to children, parents (of- employee, spouse, or registered domestic partner), spouse, registered domestic partner, siblings, grandchildren, or grandparents. Utilization of said sick leave shall be contingent upon the employee making application for sick leave use in accordance with the City's policies and providing the required documentation evidencing that the sick leave is to be distributed because of a family member receiving medical attention by any type of health care provider. Article 2.04 Uniform Allowance and Replacement The City shall pay uniform, clothing, safety and personnel equipment allowance as follows: A. Police Service Officer 1/I1. Crime Scene Investicator MI..and Police Assistants 1/11 $240 per year or equivalent per month of active duty. B. Newly appointed Police Service Officers 1/II shall be provided with a uniform advance of$110, at the time of appointment. C. The City reserves the right to provide uniforms in lieu of the allowances provided for herein. Affected employees occupying the classifications of Police Service Officer 1/II and Police Assistant 1/II shall have unserviceable uniforms replaced by the City by means of the replacement policies and procedures applicable to sworn uniformed City police personnel. Said replacement policy shall be in addition to any uniform maintenance allowance paid to affected employees. 13 155 Article 2.05 Emplovee Group Insurance Programs 1. Medical A. Effective January 1991, the City will contract with the California PERS for the Public Employees' Medical and Hospital Care Program for medical insurance. j B. Effective May 1. 2019, the maximum monthly City-paid health insurance premium contribution for medical health insurance is $1200,901.4%00. Upon Council approval of the MOU, the City will file the required Resolution with CalPERS to increase the monthly City-paid health insurance premium contribution to $1200.001.450.00. Pursuant to CalPERS' regulations, the increased monthly City-paid health insurance premium contribution of$ 290:991.450.00 shall become effective the first of the month following the month after the Resolution is received by CalPERS. For example, if the Resolution is received by CalPERS by September 30th, the new rate will be effective November 1st. T-h3 J120 71onthll rontrikvlion oWl rm-nain in offoa;f�r th3 torm of this MOW. Effective January 1. 2020, the maximum monjhly Citv-paid health insurance premium cDntribution for medical health insurance is $1.500.00 Effective January 1-2021. the maximum monthlv City-paid health insurance oremium contribution for medical health insurance is $1.600.00 Effective January 1. 2022. the maximum monthly Citv-paid health insurance premium contribution for medical health insurance is $1.650.00 Effective January 1, 2005, employees may opt out of insurance and receive $250/month in cash. The opt out benefit is only available so long as the city's insurance rate is not adversely affected by the "opt out". The employee must provide verification of alternative coverage in order to opt out and is responsible for the tax consequences of the cash payment. The cash benefit is not subject to PERS retirement credit. The parties agree to re-open negotiations. upon reaue�st of the City.,Pf this provision to discuss. elimination of this apt out benefit. C. Employee Assistance Program —The City shall provide a basic level of service to employees at City cost. Basic level shall consist of three (3) sessions per member/per incident/per year. 14 156 Employees may voluntarily enroll in the EAP/Outpatient tier at their own cost; the 2017 monthly rate is 9.52 and is subject to change. D. Effective upon City participation in the Public Employees' Medical and Hospital Care Program the City will initiate a future retiree health insurance contribution program for retirees who participate in the Public Employees' Medical and Hospital; Care Program. Employees must have a minimum of five (5) years of service credit with CaIPERS in order to be eligible for paid retiree medical insurance. 2. Dental During the term of this agreement, the City will pay the premium for City contracted dental insurance for employees and eligible dependents. The City's aggregate contribution for current dental, optical and life insurance shall be capped at $135.00 per employee per month. 3. Optical During the term of this agreement, the City will pay the premium for City contracted optical insurance for employees and eligible dependents. The City's aggregate contribution for current dental, optical and life insurance shall be capped at $135.00 per employee per month. Article 2.06 Retirement 1. Effective {dateLtho puy poriod f0evnr, Cau th=a 11 OU, employees classified as "classic" PERS members shall pay seven percent (7%) (pre-tax) of the CaIPERS member contribution. Effective March 15. 2019. emDIDVees classified as "classic" PERS memllers shall contribute an additional One Percent (1%) [total of 80/ of the emolovee normal cost as ❑rovided under California Government Code section 20516.5. (a) Tier I -The City has amended its contract with the Public Employees' Retirement System (PERS) to provide eligible employees with the benefits of the 2% at age 55 (Modified) retirement plan in accordance with Government Code Section 21354. (b) Tier II —The City has amended 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 formula applies to employees hired on or after December 30, 2012 who are already members of CaIPERS. Tier I and Tier 11 participants will have their final compensation based upon the "single highest year" pursuant to Government Code 15 157 Section 20042. (c) Tier I II — Members of this bargaining unit who are first employed by the City on or after January 1, 2013, and are "new employees" and/or "new members" as defined by AB 340 (Public Employees Pension Reform Act) shall be provided with the 2%@62 retirement formula. Members shall be subject to all other statutory requirements established by AB340, which includes paying 50% of the normal cost as determined by CalPERS. Members' final compensation shall be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of retirement, or some other 36 consecutive month period designated by the member. 4. The City has amended the contract between the Board of Administration, California Public Employees' Retirement System and the City Council, City of El Segundo to provide Section 21548, "Pre-Retirement Optional Settlement 2 Death Benefit" for bargaining unit members (local miscellaneous members). Article 2.07 differential Pav Shift Differential —Effective on the first day of the pay period in which ratification occurs, employees shall be entitled to shift differential pay of 5% for swing shift and 8% for graveyard for the total number of hours worked during any shift when a minimum of four (4) hours of an employee's shift occurs during the swing shift(shift begins on or after 1000 hrs.) or graveyard shift (shift begins on or after 1800 hrs.), as applicable. Shift Differential pay shall apply to both scheduled and non- scheduled shift work assignments which include voluntary and mandatory overtime assignments. Employees whose work hours extend into the swing or graveyard shifts due to overtime, shall be paid the applicable shift differential pay for the actual number of hours worked during the swing or graveyard shifts, in addition to the overtime compensation. Effective January 1, 2005, employees may not work the same bid shift for more than 18 months. Animal Control Differential - Effective October 15, 2000, Police Service Officers who are specifically assigned to perform "animal control" duties during a shift, who perform "animal control" duties on an emergency basis during a specific shift, or who perform "animal control" duties during a specific shift when no employee is specifically assigned to perform "animal control" duties shall receive differential pay in the amount of twenty dollars and twenty-six cents ($20.26) for each specific shift in which they meet any of these qualifications. (See Appendix E for side letter.) Animal Control Differential Pay does not apply to a Police Service Officer II. Article 2.08 Computer Purchase Proqram 16 158 I. Contingent upon the City determining that sufficient funds exist for said purpose, provision to each affected employee of a maximum $4000.00 cumulative interest free loan for an initial purchase of personal computer hardware, software and ergonomic-related furniture and equipment. An employee with an outstanding balance on a prior computer loan as of July 1, 1998 will have that amount currently due from the previous loan subtracted from the amount the employee can borrow interest free under this program. 2- Subsequent loans or amounts in excess of the above maximum interest free loan, would be at an interest rate of 3%. All loans would include a 35- month repayment term. 3. Anti-virus software shall be required as a prerequisite in granting requested loans 4- The City's determination in this regard is not subject to administrative or judicial appeal. Loans shall be repaid through payroll deductions over a three year period. Outstanding loan balances must be paid off at the time an employee separates from City service and the City shall be authorized to recover any loan balance by making deductions from the employee's final check. 5. The City would retain title, as security, to any equipment purchased with funds from the above described loans, until such time as the loan is fully paid off. The City is to be notified of any exchange or updating of equipment. 6, Effective April 1. 2019, the computer loan program shall be eliminated. Article 2.09 Sick Leave 1. Sick Leave Accumulation - Employees shall receive one (1) eight (8) hour day accumulation for each month's service not to exceed a maximum of 600 hours. Current employees with more than 600 hours of accumulated sick leave will be allowed to utilize that amount as their personal sick leave cap throughout the remainder of their service with the City. 2 Minimum Service with Citv of El Segundo to Receive Pav for a Designated Percentage of Accumulated Sick Leave - Employees who retire must have been employed for a minimum of five (5) years with the City of EI Segundo in a classification covered by this Agreement in order to receive pay for unused sick leave balance. 3. Sick Leave Pavment Upon Separation -Affected employees having a minimum of 5 years of service will be paid for 50% of their unused sick leave upon death or termination. Employees shall receive 100% of their unused sick leave upon a service or disability retirement. The rate of pay for sick leave payment upon separation shall be at the base salary hourly rate of pay. 17 159 4. Sick Leave - Payment of One Hundred Percent of Accrual - On the first day of December of each year, employees who maintain a balance of 600 hours of sick leave accrual shall be paid for one hundred percent(100%) of sick leave accumulated and not used during the preceding twelve- month period. Payment shall be made on or before December 10th. Effective upon Council adoption of the MOU, all sick leave payments under this provision shall be at the base salary hourly rate of pay. 5. Sick Leave Accrued - Pament an Ter minatian Prior to Decernber 1 st.- Employees who terminate prior to the first day of December while maintaining a balance of more than 600 hours of sick leave shall also be paid seventy percent(70%) of their unused accrued sick leave accumulated since the preceding December 1st. The rate of pay for sick leave payment upon separation shall be at the base salary hourly rate of pay. 6. Sick Leave Certification -Any employee taking sick leave shall, upon his or her return to work, sign a statement certifying the reasons for such sick leave. Employees absent forty or more consecutive hours must submit a statement from a doctor that the employee was under his care and is able to return to work. Upon the recommendation of a Department Director or his/her designee the City Manager or the Director of Human Resources may, before allowing such leave or before permitting an employee to return to work, require submission of a doctor's certificate for any absence. Any employee who makes a false claim to sick leave or who refuses to cooperate in an investigation by the City of his or her claim shall be subject to disciplinary action. In addition to the above, after an employee has used seventy-two (72) hours or more of sick leave during the employee's 12-month annual performance evaluation period, the employee's department head may require, for each sick leave absence thereafter during the year, that the employee provide a statement from a doctor verifying that the employee was under a doctor's care during the absence and that the employee is now able to return to work. In accordance with Labor Code Section 234 use of family sick leave will not be included when determining whether an employee has exceeded the 72 hour threshold set forth above. 7. Sick Leave Requests - Requests for sick leave benefits will not unreasonably be denied. Employees agree not to abuse the use of sick leave. Article 2.10 Flexible Snendinq Account The City has implemented a Flexible Spending Account pursuant to the terms and conditions of the Internal Revenue Code as a benefit to members of this bargaining unit. Each employee is eligible to participate in this plan. 18 160 Article 2.11 Bereavement.Leave/Emernencv Leave A. Bereavement Leave -An employee shall be granted three (3) working days if he/she is traveling less than five hundred (500) miles one way as measured from EI Segundo City Hall. An employee shall be granted one (1) workweek if he/she is traveling more than five hundred (500) miles one way as measured from EI Segundo City Hall. Additionally, the definition of the "immediate family"whose funeral or memorial proceeding qualifies for the use of bereavement leave, shall include the children, parents, siblings, grandparents of the employee, the employee's spouse or significant other. B. Personal Ernemencies - Employees, upon request, shall be entitled to utilize vacation, Personal Leave Day/Floating Holiday or accumulated compensatory time off for bona fide and substantiated personal emergencies, i.e. serious illness of immediate family members, and cases of extreme and unusual hardships of an emergency nature. In certain circumstances, notification requirements may be waived. Article 2.12 Steo Advancement 1. Sten Advancement Basic Salary Schedule -The advancement of a new employee from Step A shall be on the new employee's anniversary date which is established as the day immediately following satisfactory completion of his or her first six months' service; Steps B, C, and D contemplate one year's service in each of such classification subject to the limitation of Section F below and the advancements therefrom shall be on the anniversary date of the employee; Step E contemplates continued service in such classification until further advancement is indicated by reason of longevity. Notwithstanding the above, a supervisor may recommend to the department head that an employee receive an accelerated advancement of part or all of the next salary step B, C, D, or E (excluding Longevity Pay Steps), based on exemplary job performance. If the department head concurs, he/she shall submit a written report on the prescribed form to the Director of Human Resources citing specific examples of work performed by the employee that consistently exceeds expectations and warrants approval of part or all of the next salary step prior to the employee's anniversary date. The Director of Human Resources shall submit the request along with a recommendation for action by the City Manager. Recommended accelerated salary increases shall be in whole percentages ranging from 1-5%. An employee may receive more than one salary step advancement, but in most cases the total granted shall not exceed 5% in a twelve (12) month period. The accelerated salary advancement(s) shall not change the affected employee's anniversary date. In no case shall an employee receive compensation that exceeds the E-step of their respective salary range. 19 161 2. Class Series Classifications- Notwithstanding the provisions of Section A, the following classes: Police Assistant 1/11 Police Service Officer 1/11 The classifications listed above shall be described as class series classifications and shall be paid at either of two different salary range levels assigned to each class. In each of these classes, entry level may be made at two different work performance, skill, and assigned responsibility levels corresponding to the two different salary range levels. When entry is made at Level I, the employee shall progress through steps of the range assigned to that level in the manner described in Section 1, except as noted below. When entry is made at Level II, the employee shall advance through the steps of the range assigned to that level in the same manner as described in Section 1. Every person employed at Level I shall be eligible to advance to Level II without regard to the number of other employees at either of the levels or budget limitations. To assure the latter, class series positions shall be budgeted at Level II in all cases. Merit considerations, as clarified by the factors listed below, shall be the exclusive basis for advancement to Level 11. When a person is employed at Level I, such employee may be advanced to Level II upon a determination by the Department Head and approval of the Director of Human Resources that the employee's work performance, skill development, and demonstrated ability to perform higher level duties causes his/her assignment to Level 11 to be appropriate. No employee shall be advanced to Level 11 without such an evaluation. In making the determination to advance to Level II according to the above- noted factors, such determination shall not be made simply by subjective evaluation but shall be upon a finding that the employee's work performance meets specific criteria developing from the following factors, among others deemed appropriate: Length of service at Level I; Acquisition of minimum requirements posted on the class specification and specialized skills required of the position; Achievement of specific job-related goals and objectives during a specified period of time; Increased ability to work without close supervision; 20 162 Ability to exercise increased individual judgment; Ability to provide leadership and guidance to less experienced employees; Ability to understand and properly apply departmental rules; Ability to produce work which is acceptable both in terms of quality and quantity and which represents at least the average level of work produced by other Level II employees. Specific criteria for advancement within a class series shall be prepared jointly by each Department Head and the Director of Human Resources. Such criteria shall be approved by the City Manager. No employee shall be advanced form Level I to Level II except upon recommendation of the Department Head and approval of the City Manager. Whenever an employee is moved from Level I to Level 11, such employee shall be compensated at the lowest rate of compensation provided for in the higher Level 11 salary range which exceeds by not less than five percent the rate of compensation received by said employee at the time of assignment to Level 11, unless otherwise ordered by the City Council. While occupying a position assigned to a class series classification, an employee shall serve only one probation period. 3. Longevity Pay - Employees to whom this Chapter applies who are eligible to receive longevity pay shall receive longevity pay based upon an overall rating of"standard" or higher as determined by the employee's performance evaluation. If the employee fails to qualify for longevity pay because of failure to have attained a "standard" or higher rating, and the employee's overall performance subsequently improves to at least a "standard" level, the longevity pay increase shall be granted upon the issuance of a satisfactory performance report. 4. Steo Advancement- Anniversary Date -An employee advanced from any range to another range of the Basic Salary Schedule shall receive a new anniversary nate which is the date of the change. If the employee anniversary date falls in the first week of the pay period, the effective date of the increase will be the first day of that pay period; if the effective date falls on the second week of the pay period, the effective date of the increase will be the first day of the following pay period. Other changes in salary, unless specifically directed by the Council, shall not change the anniversary date, except for promotions made in accordance with the Personnel Merit System Ordinance or the Personnel Rules and Regulations. The City Council reserves the right, at any time, and in its sole discretion, to change the range number assigned to any officer or employee and to determine the particular step in any range number which is to be thereafter assigned to any such officer or employee, subject to 21 163 meet and confer with the Union. Notwithstanding the above, an employee in a classification under Section B shall not be assigned a new anniversary date when he/she is advanced from Level I to Level II in that same classification. 5. Increases on Merit- Basic Salary Schedule-An employee shall be eligible for advancement to a higher step on the basis of service time as described in Section A and satisfactory performance of duties. An employee will be presumed to merit an increase unless his or her Department Head, with the concurrence of the Director of Human Resources notifies the employee in writing no later than the end of the pay period which begins after said employee's anniversary date that the increase should be withheld, stating reasons. The reasons shall be provided to the employee in writing. If the employee's performance subsequently improves to a satisfactory level, the step increase will be granted and the date of increase will become the employee's anniversary date. Article 2.13 Workers' Compensation Provisions A. Permanent employees who are members of the Public Employees' Retirement System and who receive-injuries that are compensable under the California Workers' Compensation Laws (other than those to whom the provisions of Section 4850 of the Labor Code apply) shall be entitled to receive: 1. Seventy-five percent of the employee's regular salary for any so-called waiting period provided for in the Workers' Compensation Laws. 2. Thereafter, for a period of up to one year, or until earlier retirement on disability pension or a finding of permanent and stationary disability by a medical doctor, the difference between seventy-five percent of the employee's regular monthly salary and the amount of any temporary disability payments under the California Workers' Compensation Laws. Such payment shall cease when the employee receives a permanent disability award or is physically able to return to work. 3. These payments shall be provided without deductions for State or Federal Income Taxes, to the extent allowable by the Internal Revenue Service. B. In the event an employee is physically injured in the line of duty while involved in animal control, or the detention, transportation, or any other interaction with an inmate/detainee and such injury results in loss of time, the City shall compensate the employee for one hundred percent (100%) of time lost from work for the first thirty (30) calendar days. In order for an employee to be posted in the payroll book as being off-duty due to an IOD, the employee must have been injured on-duty or contracted an illness determined to be work related, sent to the appropriate doctor, and relieved of further duty for a period of time specified by the examining doctor. 22 164 Until such certification is made, employees shall be posted as being off sick and upon such certification shall have their sick time restored. Article 2.14 Holidays 1. Holidav Schedule -The following Days shall be considered as holidays for City employees: January 1St The third Monday in January (Martin Luther King Jr. Day) The third Monday in February (President's Day) The last Monday in May (Memorial Day) July 4th The first Monday in September(Labor Day) November 11th (Veteran's Day) Thanksgiving Day Dav After Thank,9aivina Day December 24th December 25th December 31st 2. Holidav Pav— Police Assistant 1/11 and Police Service Officers 1/11 who regularly are required to work on holidays, as is the current practice, shall be paid for oee hurxkcam! cqd teR (149) one hundred twentv (120) hours in lieu of holidays on or about the 10th of December. Article 2.15 Life Insurance The City will provide a $20,000 Life Insurance policy for each employee. Article 2.16 Vacation Employees shall receive either: ORIGINAL ACCRUAL SCHEDULE 1. Twelve working days per year (96 hours) with full salary for the first seven years of continuous service with the City. 2. Seventeen working days per year(136 hours) with full salary after seven years and until the completion of fourteen years of continuous service. 3_ Twenty-two working days per year (176 hours) with full salary after fourteen years of continuous service. 23 165 OR ALTERNATIVE ACCRUAL SCHEDULE 1. Twelve days per year(96 hours) from commencement of the first year of service through and including completion of the fifth year of service. 2. Fifteen days per year(120 hours) upon commencement of the sixth year of service through and including completion of the tenth year of service. 3. Eighteen days per year(144 hours)upon commencement of the eleventh year of service through and including completion of the fifteenth year of service. 4. Twenty-two days per year (176 hours) upon commencement of the sixteenth year of service and for all years of service thereafter. An employee desiring to participate in the "alternative" accrual schedule shall so advise Human Resources Department in writing of their election, no later than October 19, 1994. Failure to advise of an election to accrue vacation pursuant to the alternative schedule shall result in the employee continuing to accrue vacation on the "original" schedule. An election to accrue vacation on the alternative schedule or maintenance of accrual pursuant to the original schedule, shall be irrevocable. For this article, the term "day" shall be the equivalent of eight hours. Vacation time shall accrue on a monthly basis. Vacation leaves may be taken only after an employee has completed one year's continuous service. Article 2.17 Vacation Time Accumulation and Sale Vacation time shall be accumulated from date of last continuous permanent employment. All vacation shall be taken at such times as are agreeable to the head of the department and approved by the City Manager or designee. Earned vacations shall not be accumulated for a longer period than for two years' service. Each calendar year, an employee may sell back his/her accumulated annual vacation up to a maximum of the annual vacation accrual, to which they are entitled by length of service. Each employee may sell back vacation once per calendar year and only during the first two-weeks of December. The rate of pay shall be at the base salary hourly rate of pay. Article 2.18 Vacation Time Accrual - For Temporary Industrial Disability Notwithstanding the provisions of Article 2.19, employees on temporary industrial disability may accrue vacation time for longer than two years. 24 166 Article 2.19 Lona Term Disability Plan The City will add all unit members to its currently existing Long Term Disability Plan. Article 2.20 Direct Deposit It is agreed between the City and Union that it is in the mutual interest of the City and its employees that all covered employees utilize the currently available direct deposit system. Employees who do not desire to utilize direct deposit shall make their wishes known in writing to the City's Director of Human Resources, together with a statement of their reasons therefore. Requests for exceptions to this direct deposit policy shall not be unreasonably denied. Article 2.21 Promotional Examinations For the purpose of interpreting Section 2.28.080(8) of the EI Segundo Municipal Code, entitled "Examinations", the City agrees that a sufficient number" shall be three (3) eligible, qualified applicants who have indicated an interest in a particular promotion in writing to the Director of Human Resources Examinations may be specified by the Personnel Officer, as promotional only, as open only, or as both open and promotional. Article 2.22 Standbv Dutv 1. Standby duty is the time that employees, who have been released from duty, are specifically required by their supervisor to be available for return to duty when required by the City. During standby, employees are not required to remain at their City work station or any other specified location. Standby duty employees are free to engage in personal business and activities. However, standby duty requires that employees: A. Be ready to respond immediately. B. Be reachable by paging device or telephone. The City may, in its' discretion, provide a paging device, e.g., a beeper, to an assigned standby duty employee. C. Be able to report to work within one (1) hour of notification. D. Refrain from activities which might impair their ability to perform assigned duties. This includes, but is not limited to, abstaining from the consumption of any alcoholic beverage and the use of any illegal drug or incapacitating medication. E. Respond to any call back during the assigned standby duty. 25 167 Z As with any City equipment, any paging device assigned to an employee is the responsibility of the standby employee during standby assignment. The employee is liable for loss or damage to the paging device, which is caused by the employee's negligence or intentional acts. 3. Failure of an employee to comply with the provisions of standby duty may subject the employee to discipline, up to and including termination of employment with the City. 4. For each assigned period of standby duty employees shall be provided two (2) hours of pay per day. 5. Employees recalled to duty shall receive a minimum of four(4) hours of recall pay. 6. An employee who uses sick leave or vacation leave during a standby period, occurring on or after, October 15, 2000, shall not be provided any form of compensation for the standby period, unless the employee's department head approves, in writing, the provision of the normal standby period compensation. Article 2.23 Educational Incentive Pay, Eligible employees shall be entitled to receive educational incentive pay as shown below. The incentive is paid on the employee's base salary and shall be paid at the same times and in the same manner as base salary. Educational incentive pay is reported as compensation to PERS. Eligibility for educational incentive pay is limited to those employees who (a) are working in a job classification that does not require a bachelor's degree or higher degree to qualify for the classification and (b)were awarded such degree in one of the majors which had been approved by the Police Chief, in writing, prior to admission of the specific employee into that major. Educational Incentive Pay Police Assistant I Associate Degree $94.58/month Bachelor Degree $189.16/month Police Assistant II Associate Degree $104.40/month Bachelor Degree $208.80/month Police Service Officer I Associate Degree $113.79/month Bachelor Degree $227.57/month Police Service Officer II Associate Degree $125.60/month Bachelor Degree $251.20/month Bargaining unit members hired after Ucvr.�:il AL�oFti3n of thin MCI-J1 October 1. 2014 shall not be eligible for the Education Incentive Pay. 26 168 Article 2.24 Lonaevitv Pav Effective the beginning of the next pay period following Council adoption of the MOU, employees shall be entitled to the following longevity pay based on full-time, job related law enforcement experience: Longevity Pay Police Assistant I Completion of 5 years of service $56.75/month Completion of 10 years of service $113.50/month Completion of 15 years of service $264.50/month Completion of 20 years of service $331.04/month Police Assistant 11 Completion of 5 years of service $62.64/month Completion of 10 years of service $125.28/month Completion of 15 years of service $292.32/month Completion of 20 years of service $365.40/month Police Service Officer I Completion of 5 years of service $68.27/month Completion of 10 years of service $136.54/month Completion of 15 years of service $318.60/month Completion of 20 years of service $398.25/month Police Service Officer II Completion of 5 years of service $75.36/month Completion of 10 years of service $150.72/month Completion of 15 years of service $351.67/month Completion of 20 years of service $439.59/month Longevity Pay is reported as compensation to PERS. Bargaining unit members hired after Gouri it zJop�ioq of this,144J.�-October 1 2014 shall not be eligible for the Longevity Pay. Article 2.25 Trainina Pav The Department agrees to increase the base salaries of Police Services Officers and Police Assistants by four and one-half percent(4.5%) while assigned training responsibilities. Article 2.26 Court On-Call Pav A. Except asset forth below, off-duty personnel who are placed in an on-call status for court during either the morning or the afternoon session will receive three(3)hours of paid overtime at a rate of time and one-half his/her regular rate of pay as defined in this MOU for each session the employee is in an on-call status. Off-duty 27 169 personnel who are placed in an on-call status for court during both the morning and the afternoon sessions will receive six (6) hours of paid overtime at a rate of time and one-half his/her regular rate of pay. Employees will not receive on call pay if they are: 1. Called into court that session (in which the employee will receive call- back pay). 2. Ordered to report to work 3. Already receiving pay from the City for any other reason (e.g. IOD, administrative leave, etc). B. Employees shall not have the option of reporting to work in lieu of being in an on-call status. C. Employees who are in an on-duty status are not eligible for court on-call pay. D. Employees entitled to court on call pay shall accrue "limited use"time off in lieu of pay. Article 2.27 Court Call-Back Pay A. An employee called into court while off-duty shall be paid overtime for all time served plus travel time or three(3) hours at time and one-half,whichever is greater. "Off-duty"for the purposes of this section means the officer is not on duty, on paid administrative leave, on paid IOD leave, or being paid for any other reason. B. Employees entitled to court on call pay shall accrue "limited use"time off in lieu of pay. ARTICLE 3 - OTHER PROVISIONS Article 3.01 Drua-Free Workolace Statement and Substance Abuse Policv The parties have met and conferred in good faith regarding the adoption of a Drug-Free Workplace Statement and Substance Abuse Policy dated July 1, 2008, and the same shall be implemented concurrent with the adoption of this MOU. Article 3.02 Smokinq Policy The parties have met and conferred in good faith regarding the adoption of a non- smoking policy dated October 5, 1994, and the same shall be implemented concurrent with the adoption of this MOU. Article 3.03 Education Reimbursement 28 170 1. Reimbursement Procedures - Permanent employees may participate in the City's Educational Reimbursement Program. 2. Repavment Won Termination - Employees who participate in the Educational Reimbursement Program will be required to sign the following agreement: "I certify that I have successfully completed the course(s), receiving a grade of"C" or better. A copy verifying this grade is attached. I agree to refund the City or have deducted from my final paycheck any educational reimbursement funds received under this program if I should leave the City's employ, voluntarily or through termination with cause, within one year after completion of the course work for which I am to receive reimbursement. The amount of refund shall be determined in accordance with following schedule: When Depart Percentage 1 month after course completion 100% 2 months 100% 3 months 90% 4 months 80%- 5 months 70% 6 months 60% 7 months 50% 8 months 40% 9 months 30% 10 months 20% 11 months 10% 12 months 0% 3. Eligible employees may receive no more than one thousand seven hundred fifty dollars ($1,750.00) per calendar year under this program. Article 3.04 Catastrophic Leave Bank The City shall institute a catastrophic leave bank as follows: 1. Purpose - To establish a program whereby City employees may donate accumulated time to a catastrophic sick leave bank to be used by permanent, part-time and full-time employees who are incapacitated due to a catastrophic illness or injury. 2. Definition -A catastrophic illness or injury is a chronic or long term health condition that is incurable or so serious that, if not treated, it would likely result in a long period of incapacity. 3. Procedures 29 171 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 EI 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. Article 3.05 Temporary Service in a Hiqher Classification When an employee is qualified for and is required for an appreciable period of time to serve temporarily in and have the responsibility for work in a higher class or position, when approved by the City Manager, such employee, while so assigned, shall receive the entrance salary rate of that class or whatever step thereof that is not less than five percent above his or her present rate, whichever is higher. For the purpose of this section, "applicable period of time" is defined as ten consecutive working days (eight working days if on four-ten plan) or longer. Article 3.06 Promotions In all cases where an employee promoted to a classification in for which a higher rate of compensation is provided, then such employee so promoted shall enter into such higher classification at the lowest rate of compensation provided for such higher classification which exceeds by not less than five percent the base rate of compensation, excluding special assignment pay, received by said employee is such given classification at the time of such promotion, unless otherwise ordered by the City Council. All supervisors shall be paid a base rate not less than the next higher base rate than any of their subordinates. In the event that a supervisor is paid a base rate of pay equal to or lower than one of his regularly assigned subordinate's base rate, the 30 172 supervisor's base rate shall be advanced to a step in his/her salary range which is next higher than any subordinate's base pay exclusive of longevity pay, educational incentive pay, and special assignment pay. Article 3.07 Termination Pav Upon termination of employment during a pay period, pay shall be prorated and paid for each day worked in said pay period at the base salary hourly rate of pay and the terminal salary warrant shall include accrued vacation pay to the time of termination. Article 3.08 Jury Dutv Employees shall be entitled to a leave of absence for jury duty subject to compliance with all of the following conditions. A. The employee must provide written notice of the expected jury duty to his or her supervisor as soon as possible, but in no case later than 14 days before the beginning of jury duty. B. During the first two weeks of jury duty, an employee shall be entitled to receive his or her regular compensation. C. For any portion of jury duty that extends beyond the first two weeks, such extended jury duty period shall be without pay. D. Any compensation for the first two weeks of jury duty, except travel reimbursement pay, must be deposited with the Director of Human Resources. E. While on jury duty, the employee must report to work during any portion of a day that the employee is relieved of jury duty for three or more consecutive hours. F. The employee must provide documentation of his or her daily attendance on jury duty. Article 3.09 Phvsical Examinations The City will allow up to two (2) days of accumulated sick leave per year to be used for purposes of physical examinations, subject to submission of a doctor's verification. The City further agrees that requests for sick leave benefits will not unreasonably be denied. Article 3.10 Joint Labor Management Team Pursuant to the meet-and-confer process for 1997-98, it was agreed upon that representatives of the City and the Union shall create joint labor management teams to foster improved communication and productivity. 31 173 Article 3.11 ❑isciolinary Action -Authority to Take Modify Personnel Rule 14.4 to include the following: 1. Prior to making a final decision to take disciplinary action involving suspension, demotion, dismissal or reduction in pay, the City Manager shall give written notice of the proposed action to the concerned employee. The notice shall include a statement of reasons that a disciplinary action is being proposed and shall include a copy of the charges being considered by the City Manager. Except when of a confidential nature, the supporting documentation will be provided with the written notice to the employee. A written notice delivered to the employee's last known address shall constitute adequate notice. Article 3.12 Policies The parties have agreed upon an Occupational Injury and Illness Policy, dated June 23, 2004. Art(cle 3.13 Re-Opener The parties agree khat during the terrii of this Acareement, thev shall reopen negotiations, to discuss modification of the municipal code that covers the personnel merit system and the emplovee performance evaluation Droaram. Any changes are subiect to. mutual aareement_ �icle 3.14 Bindina Arbitration A. Civil Claims: Both the Citv-and emplovees covered by this Memorandum of Understandin_o agree that the claims described in this Section 3.22.Ashall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act, in. conformity with the procedures of the California Arbitration Act("CAA") (Cal. Cade Civ. Proc. Sec 1280 et sea, including section 1283.05 and all of the CAA's other mandator► and oermtssive rights to discovery). Nothing in this Memorandum of Unde-rstandina, shall prevent either oartv from obtainirla provisional remedies to the extent permitted by Code of Civil Procedure Section 1281.8 either before the commencement of or during the arbitration process. All rules of oleadina. (includino the richt of demurrer). all rules. and iudament under Code of Civil Procedure Section 631.8 shall apply and be ,tFormatted:List observed. Resolution of the dispute shall be based solelv upon the law_aovernin�3he, Number,Indent:Left: claims and defenses pleaded. pSpace Before: 8 pt,Tab stops:Not at 0.5"+ 1"+ 1.5"+ 2"+ 2.5"+ 2.75"+ 1. The civil claims which are siibiect to final and binitina arbitration shall include.' 3"+ 3.5"+ 4"+ but,not be limited to. anv and all employment-related claims or contrpversies, such 4.5"+ 5"+ 5.5"+ 6" 32 174 breach of emplovment apreeMent, breach of the covenant of good faith and fair dealina. nediaent supervi.gion or hiring, wrongful discharge in violation of public police. unpaid waaes of overtime under the state and federal wage pavment laws, breach of erivacv claims. intentional or nealiaent infliction of emotional distress_ claims. fraud. defamation. and divulaence of trade secrets. This also specifically, includes claims that could be asserted under all state _and federal anti- discrimination laws. including but not limited to the California Fair EmDlovment and, Houma Act. Title VII of the Civil Riahts Act of 1964. the Age Discrimination in. Emolovment Act_ the Americans with Disabilities Act. and the Familv and Medical, Leave Act. and claims fpr discrimination and harassment in emelovment on the, basis of race, age. sex. religion, national or�n, alienage, reliaion, marital status .,exual orientatip.n.disabil)v_political activity.or anv other statutorily-protected bads.. It shall also include any and all claims an empioyee may have under air Labor. Standards Act. the California Labor Code_and the Industrial Welfare Commissjon Wage Orders. as well as anv other state and federal statutes. This Argyle 3.22 is further intended to anely to anv claim EmDlovee[s]may have-wainstthe ON and/or anv of its directors_ emt)lovees. or aaents. and to anv and all cast and future emp(ovment relationships Emnlovee may have with the Citv rep_ardless of iob. Position or-title. Citv shall also arbitratp.jail claims it has apainst the emelov-ee tinder the same rules and regulations set forth herein. 2. Notwithstandina the Qrovisions of this Article, emDlovees covered by this, Memorandum of Unjerstandina rnav elect to file a claim for workers' compensation and unemplovment insurance benefits with the aPDroPriate state agencies. and administrative choraes with the Eaual EmDlovment OrmortunitX Commission. California Deoartment of Fair EmDlovment and Housina. and anv similar state aaencv. Unless otherwise required by aoelicable law, all other emplovment-related claims shall be resolved bv_final and bindina arbitration and, notbv a iury in a rourt of lavY. 3. To the fullest extent Dermjtted by law, emPlovees covered by this Memorandum of Underslandina awree that thev shall not On or consolidate claims submitted for arbitration oursuant to this Article 3.22.A with those of any, other persons. and thatne form of class, collective. or representative actiorl shall be maintained without the mutual consent of the oarties. Anv dispute over the validitv. effect. or enforceability of the provisions of this paragraph, including whether the arbitration may proceed as class. collective. or representative action,, shall be for a court of law and not an arbitrator to decide. 4. The City shall bear the costs-of-anv arbitration conducted Dursuant to this Article 3.22.A. includlna the c4mpensatiorl of the Arbitrator. aU administrative, expense. and CSR transcripts. Except as ma otherwise be reauired by law, the parties shall be responsible for their own attornevs' fees and costs incurred in oresenjina their case to the Arbitrator. The Arbijrator shall render a written. award within 30 days after the matter is submitted for determInation. and the. award of the arbitiator shall be final and binding on the Citv. the Association and 33 175 the emplovee. 5. The arbitration shall be held before a single arbitrator. who shall be an. attornev at law and an experienced emolovment law arbitrator. The arbitrator shall be mutually seletGted by the parties. The Arbitrator shall have the bower to award all legal relief available in a court of law. irlclVdino anv and all damages. that may be available for anv of the claims asserted. In addition. each of the parties shall retain all defenses Ihat thev would have, in a iudicial orocee,d1no including defenses based on the expiration of the statute of limitations and that the damaoes being souaht are not authorized or are excessive.. B. Anneal of digpioline The Pr'irties understand that emolovees covered by this Memorandum of Understandin-Q, are entitled to disciolinary anneal procedures under the Citv's Personnel Merit 9vstem Administrative Code. Under Administrative Code-Section 1-6-8, employees have the, right to have the Los Anoeles Countv Civil Service Commission hear anneals from., dismissal. demotion. jind susoensions for a period of six(61 days or lonoer. The. Parties agree that an emolovee covered by this Memorandum of Understanding maX opt to have these disciolinary actions be submitted to binding and final arbitration.. 1. The arbitration shall be held before a single arbitrator. who shall be an, experienced labor and emplovment law arbitrator. The parties shall select an, arbitrator from a list of seven arbitratofs.provided by the State Mediation and. Conciliation Service. If the parties are unable to reach an a_areement in the. selectioD of a hearinl3 officer, each shall strike names from the list until a final name is selected as the Arbitrator. 2, The City shall qav the costs of the arbitrator and court renqrter fees and transcript. if a court reporter is requested by the parties. The parties shall be fWonsible for their own attornevs'fees and costs incurred in presenting their case to the Arbitrator. 3. Anv dispute over the validity. effect. or enforceability of the provisions of this Article 3.22.8. shall be for a court of law and not an arbitrator to decide. 4. Linder this Section. 3.2a.B. the Arbitrator's authoritv will be limited to determigina: Whether the Citv has satisfied the seven tests of iust cause: and. if, not,what is the noropriate remedv. The_Arbilrator shall render a written award within 30 days after the matter is submitted for determination. and the award of the arbitrator shall be final and binding on The City. the Associatipn and the. employee. The Arbitrator may not increase the level of discipline. 5. At least ten business days before the scheduled arbitration. tie parties shall excbanoe the follpwina information: [i] a list of all witnesses each party intends to call daring its casein-phief: and [ii] copies of all documents each party. 34 176 intends to introduce during its case-in-chief. C. Contract Interpretation Disnute, The Partiesppreelhat anv arievance filed under Article 1.13 of this Memorandum of Understandina that is an allegation of a violatior). misinteroretation._o1 misapplication of this MOU. shall be subiect to final and binding arbitration. The. Association must fi�a written request fpr final and bindir�a arbi#ration within ten (1 D) days of receia of the Citv's response at Level III. 1. The arbitration shall be held before a sinale arbitrator. who shall be ar] exoerionced labor and employment law arbitrator. The parties shall select an arbitrator from a list of seven arbitra#ars Drovided by the State Mediation and. Conr,liation Service. If fhp parties are unablejo reach an agreement in the, selection of a hearina officer. each shall strike names from the list until a final_ name is selected as the Arbitrator. 2. The Citv shall pav th_,e rposts of the arbitrator and court reporter fees and. transcript. if a court reporter is requested by the Darties. The parties shall be responsible for their own attornevs' fees and costs incurred in presenting their case to the Arbitrator. 3. Anv dj,.-,oute over the validity, effect. or enforceabilifv of the Drovisions of th�Article 3.23.C. shall be for a court of law and not an arbitrator to decide. 4. The Arbitrator's authority will be Jim ited to interpreting the Drovisions of the Memorandum of Understandjoci and the Arbitrator has no authority to add to. subtract from. or modifv the Memorandum of Understandina in anv way. The Arbitrator shall have the authority to determine auestions of arbitrability of _C�Orztract interpretation disputes. The Arbitrator shall render a written award within 30 days after the matier is submitted for determination. and the award pf the arbitrator shall be final and bindir]a on the Citv. the Association and the emplovee. 5. At least ten business claws before the scheduled arbitration. the nartie.S shall exchange the followina information' fit a list of all witnesses each Dart intends to coil during its case-in-chief: and (ii) conies of all documents each DarjV in ends to introduce during its case-in-chief. D. This Article 3,22 is entered into under the California Arbitration Act and the. Mevers-Milias-Brown Act_ and shall be interpreted arid construed in accordancQ with, the law and orocedures developed under those respective statutes.. 35 177 For the Police Support Services For the City: Employees'Association: Larry Harrington, Steward Greg Carpenter, City Manager Laurie Eisma, Steward !M.-i !inftiorg. David Serrano Director of Human Resources Joe Camagong, Steward Gregorio Daniel, Teamsters' Business Representative Date Date 36 178 APPENDIX A BARGAINING UNIT CLASSIFICATIONS Police Assistant 1/11 Police Service Officer 1/11 Crime scene investigator 141 37 179 Appendix B Side Letter Agreement to the 2007 —2010 Memorandum of Understanding between the City of EI Segundo and the EI Segundo Police Support Services Employees Association This side letter memorializes an agreement reached between the City of EI Segundo and the EI Segundo Police Support Services bargaining unit represented by California Teamsters Local 911 to reflect an agreement regarding the terms and conditions of employment for members of the bargaining unit. All other terms and conditions of the 2007—2010 Memorandum of Understanding shall remain in full force and effect. The parties agree to the following: 1) Any reference to animal control duties in the Police Service Officer I class specification does not apply to the following personnel: Julio Martinez, Dean Sumi, Paul Saldana or Jan Mitsuda. However, if any of the listed personnel choose to perform animal control duties this side letter agreement would not preclude them from doing so.- Nor does it preclude any of the listed personnel from promoting to the Police Service Officer II classification once they have met the minimum qualifications. 2) The City agrees to continue the Police Department's current practice of not scheduling employees in the job classification of Police Assistant 1/11 to work on Thanksgiving Day or Christmas Day. This practice is subject to the emergency and/or operational needs of the Department. For the EI Segundo For the City Police Support Services of EI Segundo Employees Association Date: Date: 38 180 EXHIBIT 1 SALARY SCHEDULE 39 181 EL SEGUNDO CITY COUNCIL MEETING DATE: March 19,2019 AGENDA STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding approval of 1) A Memorandum of Understanding (MOU) (Labor Agreement) between the City of El Segundo and the El Segundo City Employees' Association; 2) Adoption of Resolution approving the Memorandum of Understanding; 3) Adoption of Resolution approving and authorizing changes to the City's medical premium to Ca1PERS for each year of the MOU: (Fiscal Impact: $228,988 for FY 2018-19, $690,354 for FY 2019-20, $820,146 for FY 2020-21, $974,317 for FY 2021-22, and$1,012,452 for FY 2022-23) RECOMMENDED COUNCIL ACTION: 1. Approve the Labor Agreement; 2. Adopt the Resolution approving the Memorandum of Understanding; 3. Adopt Resolution approving changes to the medical premium pursuant to MOU; or, 4. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: A. MOU between the City of El Segundo and the El Segundo City Employees' Association (CEA) (final version) B. Exhibit I (A-E) salary schedules to the new CEA MOU C. Resolution adopting the new CEA MOU D. Resolution adopting the contribution towards Ca1PERS medical premiums E. Prior MOU between the City and CEA (redline version of MOU) FISCAL IMPACT: $228,988 for FY 2018-19 Amount Budgeted: $228,988 (vacancy savings of various positions throughout the City will be used to cover the additional MOU costs for FY 2018-19) Additional Appropriation: None Account Number(s): 00 1-400-XXXX-XXXX (various salary and benefit accounts within each operational department in the General Fund) STRATEGIC PLAN: Goal: 3 Develop as a choice employer and workforce Objective: 1 El Segundo is a City employer of choice and consistently hiring for the future, with a workforce that is inspired, world-class and engaged, demonstrating increasing stability and innovation. ORIGINATED BY: Joseph Lillio, Director of Finance U v David Serrano, Human Resources Direct000-?�3) REVIEWED BY: Greg Carpenter, City Manager APPROVED BY: Greg Carpenter, City Manager 182 BACKGROUND AND DISCUSSION: Staff and representatives of the City Employees' Association (CEA) having met and conferred pursuant to Section 3500 et seq. of the California Government Code (MMBA), for purposes of reaching a labor agreement. Agreement was reached on Tuesday, February 19, 2019. The agreement has been ratified by the CEA. The City's approach to these negotiations was built upon foundation of fairness, balanced approach,building trust through open and honest conversations, and seeking to further develop as a choice employer and workforce. The City and CEA worked diligently to achieve this agreement, including three days with an outside mediator. The following are highlights of changes to the MOU associated with positions represented by this bargaining unit. Salary and benefit-related items are effective the pay period beginning March 30, 2019 unless otherwise noted: 1. Term: 5 years, March 20, 2019 to September 30, 2023 2. Agreement to Binding Arbitration 3. 9/80 work schedule, including option to stagger 9/80 schedule 4. Re-opener: the parties have agreed to re-open to discuss modification to personnel merit system. 5. PERS Pick-up: Members agree to pick-up an additional I% of PERS Payment(total of 8%pick-up), to take effect the last payroll period of September 2023 subject to all Miscellaneous employees picking up same; 6. Remove "No Layoff' article from MOU. 7. Salary Adjustments: ■ 7% effective March 30, 2019, • 3% effective October 1, 2019 • 2% effective October 1, 2020 • 2% effective October 1, 2021 • 2% effective October 1, 2023 8. Settlement and dismissal of PERB Charge, one-time, non-PERSable, lump sum of$750 9. Health Insurance: an increase in the City's Health benefit: • Effective approximately May 1,2019: from $1,116.00 to $1,500 monthly allowance • Effective 1/1/22: from$1,500 to $1,550 monthly allowance • Effective 1/1/23: from $1,550 to $1,600 monthly allowance 10. Computer Loan Program: members agreed to eliminate this program. Additionally,the parties agreed to re-opener clause to discuss employee evaluation system during the term of this agreement. The MOU, as attached, contains all essential terms and conditions. This MOU brings the CEA current in labor contracts, following the lapse of the prior MOU and imposition of terms in 2017. This agreement and our ability to develop and foster relations with CEA will help improve morale and help to foster employee engagement. 183 This salary and benefit increases and adjustments will complement the City's efforts to make El Segundo an employer of choice. Staff recommends approval of the attached MOU and Resolutions. 184 MEMORANDUM OF UNDERSTANDING EL SEGUNDO CITY EMPLOYEES ASSOCIATION TABLE OF CONTENTS ARTICLE 1 GENERAL PROVISIONS Article 1.01 Preamble Page 4 Article 1.02 Conclusions and Term of Agreement Page 4 Article 1.03 Implementation of Agreement Page 4 Article 1.04 Recognition Page 5 Article 1.05 Management Rights Page 5 Article 1.06 Association Membership Page 5 Article 1.07 Organizational Security Page 6 Article 1.08 Savings Page 6 Article 1.09 No-Strike Page 6 Article 1.10 Non-Discrimination Page 6 Article 1.11 Steward's Time Page 7 Article 1.12 Association Administrative Time Page 7 Article 1.13 Grievance Procedure Page 7 Article 1.14 Layoff Procedure Page 9 Article 1.15 Personnel Policies Page 11 ARTICLE 2 SALARIES AND BENEFITS Article 2.01 Salary Adjustments Page 12 Article 2.02 Overtime/Compensatory Time Page 12 Article 2.03 Family Emergency Care Sick Leave Utilization Page 14 Article 2.04 Uniform Allowance and Replacement Page 14 Article 2.05 Employee Group Insurance Programs Page 15 Article 2.06 Retirement Page 17 Article 2.07 Differential Pay Page 18 - 1 - 186 Article 2.08 Computer Purchase Program Page 18 Article 2.09 Sick Leave Page 18 Article 2.10 Flexible Spending Account Page 19 Article 2.11 Bereavement Leave/Emergency Leave Page 19 Article 2.12 Step Advancement Page 20 Article 2.13 Workers' Compensation Provisions Page 23 Article 2.14 Holidays Page 23 Article 2.15 Life Insurance Page 24 Article 2.16 Vacation Page 24 Article 2.17 Vacation Time Accumulation and Sale Page 25 Article 2.18 Vacation Time Accrual-For Temporary Industrial Disability Page 25 Article 2.19 Long Term Disability Plan Page 26 Article 2.20 Direct Deposit Page 26 Article 2.21 Promotional Examinations Page 26 Article 2.22 Standby Duty Page 26 Article 2.23 Educational Incentive Pay Page 27 Article 2.24 Longevity Pay Page 28 Article 2.25 Class A and Class B Driver's License Pay Page 29 Article 2.26 Paid Family Leave Benefits Page 29 Article 2.27 El Segundo City Employees Association Insurance Page 29 ARTICLE 3 OTHER PROVISIONS Article 3.01 Drug-Free Workplace Statement and Substance Abuse Policy Page 30 Article 3. 02 Smoking Policy Page 30 Article 3.03 Drug Free Workplace Statement and Substance Abuse Policy Page 30 Article 3.04 Department of Transportation Drug Testing Guidelines Page 30 Article 3.05 Catastrophic Leave Bank Policy Page 30 -2- 187 Article 3.06 Occupational Illness and Injury Policy Page 30 Article 3.07 Break Policy Page 30 Article 3.08 Alternative Work Schedules Page 31 Article 3.09 Education Reimbursement Page 31 Article 3.10 Catastrophic Leave Bank Page 32 Article 3.11 Temporary Service in a Higher Classification Page 33 Article 3.12 Promotions Page 33 Article 3.13 Termination Pay Page 33 Article 3.14 Jury Duty Page 34 Article 3.15 Physical Examinations Page 34 Article 3.16 Joint Labor Management Team Page 34 Article 3.17 Disciplinary Action-Authority to Take Page 34 Article 3.18 Street Maintenance Worker Duties Page 35 Article 3.19 Work Schedules Page 35 Article 3.20 Library Work Schedule Page 36 Article 3.21 Re-Opener Page 36 Article 3.22 Binding Arbitration Page 36 Article 3.23 Ad Hoc Lump Sum Payment Page 40 -3 - 188 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF EL SEGUNDO AND EL SEGUNDO CITY EMPLOYEES ASSOCIATION ARTICLE 1 -GENERAL PROVISIONS Article 1.01 Preamble This Memorandum of Understanding (hereinafter "MOU" or "Agreement") is made and entered into between the EL SEGUNDO CITY EMPLOYEES' ASSOCIATION, hereinafter referred to as ("Association"), and the management representatives of the El Segundo City Council, hereinafter referred to as the "City",pursuant to the California Government Code Section 3500 et. seq. Article 1.02 Conclusions and Term of Agreement The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and the benefits contained herein are given in consideration for the various provisions contained herein which may be a change in the prior employment practices of the City. Further, it is mutually agreed that this MOU shall commence on March 20, 2019 and be effective through and including September 30, 2023. This MOU contains all of the covenants, stipulations and provisions agreed upon by the parties relating to employee wages, hours and other terms and conditions of employment. Therefore, for the life of this agreement, neither party shall be compelled to meet and confer with the other concerning any mandatory meet and confer issue which is covered by this Agreement. Except as set forth above, nothing herein shall be construed as a waiver of the parties' rights to negotiate matters within the scope of bargaining. Notwithstanding any provisions of this MOU, the City can meet and consult with the Association on the City's Personnel Rules and Regulations which are within the scope of representation Article 1.03 Implementation of Agreement This MOU shall be jointly presented to the El Segundo City Council for implementation along with all the ordinances, resolutions and such other additional actions as may be necessary to implement the provisions of this MOU. If the City Council fails to adopt the necessary ordinances and resolutions to implement the provisions of this MOU,the parties agree to meet and confer. -4- 189 Article 1.04 Recognition The City hereby confirms its recognition of the Association as the exclusive representative of employees in the general employees representation unit, and agrees to meet and confer with the Association on all matters relating to the scope of representation pertaining to the said employees as authorized by the law. The appropriate unit represented by the Association is generally described as all full time permanent and part-time permanent non-safety employees in the City's "classified service," except Police Assistant I/II, Police Service Officer I/II, Crime Scene Investigator I/II, and those classes defined as management/confidential or supervisory/professional. This recognition of the Association shall not be subject to challenge except as provided under the provisions of the City's Employer-Employee Organization Relations Resolution #3208. [This list of classes within the bargaining unit is attached to this MOU as Appendix A.] Article 1.05 Management Rights Except as limited by the specific and express terms of this MOU, the City hereby retains and reserves unto itself all rights, powers, authority, duties and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California and/or United States of America. The management and direction of the work force of the City is vested exclusively in the City and nothing in this MOU is intended to circumscribe or modify the existing rights of the City to direct the work of its employees; hire, promote, demote, transfer, assign and retain employees in positions within the City, subject to the rules and regulations of the City, discipline employees for proper cause; maintain the efficiency of governmental operations; relieve employees from duties because of lack of work; take action as may be necessary to carry out the City's mission and services in emergencies; and to determine the methods, means and personnel by which the operations are to be carried out, including the right to contract or subcontract any services performed by the City and require overtime work by City employees. Article 1.06 Association Membership The City agrees to: 1. Provide official dues deductions for all employees who subscribe to Association membership; 2. Provide official payroll deductions for approved Association insurance and welfare plans, not to exceed five programs; 3.Provide the Association with a list of newly hired employees in the representation unit monthly. - 5- 190 Article 1.07 Organizational Security All unit employees who voluntarily became members of the Association and those unit employees who voluntarily become members of the Association during the term of this agreement shall remain members until the expiration of the agreement.Notwithstanding the above, employees may terminate their Association membership within forty-five(45)calendar days prior to the agreement expiration date. The Association shall indemnify, defend and hold the City harmless against any liability arising from any claims, demands, or other action relating to the City's compliance with this Article. The City reserves the right to select and direct legal counsel in the case of any challenge to the City's compliance with this Article, and the Association agrees to pay any attorney, arbitrator or court fees related thereto. Article 1.08 Savings If any provision or the application of any provision of this MOU as implemented should be rendered or declared invalid by a final court action or decree or preemptive legislation, the remaining sections of this MOU shall remain in full force and effect for the duration of said MOU. Article 1.09 No-Strike The Association agrees that during the term of this MOU their members employed by the City of El Segundo will not strike, or engage in any work stoppage or slow down, engage in a concerted failure to report for duty, or fail to perform their duties in whole or in part for the purposes of inducing, influencing or coercing a change in conditions, or compensation, or the rights privileges or obligations of employment. The Association also agrees that their members employed by the City of El Segundo will not refuse to cross a picket line in the performance of their normal and customary duties nor attempt to influence, either directly, or indirectly, the employees to honor an existing picket line in the performance of their normal and customary duties as employees. Article 1.10 Non-Discrimination The Association and the City recognize and agree to protect the rights of all employees to join and/or participate in protected Association activities or to refrain from joining or participating in protected activities in accordance with Government Code Sections 3550 and 3511. The City and the Association agree that they shall not illegally discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations and shall act affirmatively to accomplish equal employment opportunities for all employees. The City and the Association shall reopen any provision of this Agreement for the purpose of complying with any final order of the Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with State or Federal anti-discrimination laws. -6_ 191 Article 1.11 Steward's Time Upon timely request and for suitable reasons,the City Manager or designee may authorize release of the Association President or his/her authorized representative from normal duties to assist in personnel matters involving Association members and for which union representation is allowable by law. The Association President or his/her authorized representative shall inform their immediate supervisor, with as much advance notice as possible, of approval to engage in such matters during work hours to ensure minimal operational impact. Article 1.12 Association Administrative Time Association officers and board members will be allowed up to a total of 72 hours as a group per year of administrative leave to attend Association and labor relations seminars. All or part of these hours may be used for other conferences or seminars with the approval of the City Manager. Article 1.13 Grievance Procedure The Association may grieve on behalf of an individual, group of employees or the Association as a whole. 1. DEFINITION OF TERMS A. Grievance-A grievance is an allegation of a violation,misinterpretation or misapplication of a specific written departmental or agency rule or regulation or a specific provision of this MOU. A grievance is distinct from an appeal of discipline which is covered by the Personnel Rules and Regulations (Rule 15 and 16). B. Grievant - A grievant is an employee or group of employees adversely affected by an act of omission of the agency. b. Steps within the Grievance Procedures will be completed within(10)ten working days. C. Day - A day is a working day. D. Immediate Supervisor-The first level supervisor of the grievant. 2. TIME LIMITS A. Compliance and Flexibility - With the written consent of both parties, the time limitation for any step may be extended or shortened. B. Calculation of Time Limits- Time limits for the appeal provided at each level shall begin the day following receipt of a written decision or appeal by the parties. C. Failure to Meet Timeliness - Failure at any level of this procedure to communicate the decision on a grievance by the City within the specified time limits shall permit lodging an appeal at the next level of the procedure within the time allotted had the decision been given. If the grievance �� 192 is not processed by the grievant or grievant in accordance with the time limits, the decision last made by the City shall be deemed final. 3. PROCEDURE Grievances will be processed following the procedures set forth below. A. Level I -Within ten(10) days of the date the employee reasonably knew or should have known of the incident giving rise to the grievance, the employee should make an effort to resolve the grievance with the employee's immediate supervisor. The supervisor shall hold discussions and attempt to resolve the grievance within ten(10) days. B. Level II - In the event such efforts do not produce a mutually satisfactory resolution, the employee or employees aggrieved must reduce their grievance to writing and file it with the immediate supervisor. Under no circumstances shall the formal written grievance be filed more than ten (10) days from the date the employee knew or should have known of the incident giving rise to the grievance. Procedure for Filing a Grievance In filing a grievance,the employee should set forth the following information: a. The specific section of the Memorandum of Understanding, departmental or agency rules or regulations allegedly violated, misinterpreted or misapplied. b. The specific act or omission which gave rise to the alleged violation, misinterpretation or misapplication. c. The date or dates on which the violation, misinterpretation or misapplication occurred. d. What documents, witnesses or other evidence supports the grievant's position. e. The remedy requested. C.Level III-If the grievance is not resolved by the immediate supervisor,the grievant may present the grievance in writing to the department head within ten (10) days. The department head will respond in writing within ten(10) days. D. Level IV - If the grievance is not resolved by the department head,the grievant may present the grievance in writing to the City Manager within ten(10) days. The City Manager or designee will conduct an informal hearing and render a decision. Each party shall have the right to present witnesses and evidence at the hearing. The conclusions and findings of this hearing shall be final. 4. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE A. The grievance procedure is not intended to be used for the purpose of resolving complaints, requests or changes in wages, hours or working conditions. -8 193 B. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. An employee may however, challenge the content of an evaluation by filing an appeal to his/her department head. In the event that an employee is directly supervised by a department head, the employee may challenge the content of the evaluation by filing an appeal to another department heard, who has been agreed upon by the employee and his/her supervisor (department head). In either event,the department head's determination shall be final, and thus no further appeals will be permitted. C. The procedure is not intended to be used to challenge the merits of a reclassification, lay-off, transfer, denial of reinstatement, or denial of a step or merit increase. D. The procedure is not intended to be used in cases of reduction in pay, demotion, suspensions or a termination which are subject to the formal appeal process outlined in Ordinance 586 and the Personnel Rules and Regulations. 5. CONFERENCES Grievant(s) and City representatives,upon request, shall have the right to a conference at any level of the grievance procedure. 6. WRITTEN MATERIAL Copies of written material which may be used for disciplinary purposes shall be provided to the employee prior to placement in their official personnel file. The employee shall have the right to rebut any such document and have the rebuttal attached to the document prior to it becoming a permanent part of the employee's personnel file. Article 1.14 Layoff Procedure 1. Grounds for Layoff- Whenever, in the judgment of the City Council, it becomes necessary to reduce the workforce because of a lack of funds, lack of work or reorganization, an employee may be laid off, reduced in classification or displaced by another employee. Such layoff, reduction or displacement shall result from action of the City Manager or his designee. Such action shall not entitle the laid off, reduced or displaced employee to a right of appeal. The City Manager shall recommend to the City Council each classification to be affected by any such change. 2. Notice to Employees - The City shall notify the Association thirty (30) days prior to the implementation of layoffs, to provide for adequate time to meet and confer regarding the impact. An employee filling a full time position shall be given fourteen (14) calendar days prior notice of lay off. Employees transferred, reduced or displaced shall be given five (5) calendar days' notice. The City Council may approve a reduction in the notice requirements, if so recommended by the City Manager. 3. At-Will Employees - The City Manager retains the right to layoff or alter the work assignment of the following employees at any time without notice or right of appeal: emergency employees, temporary or seasonal employees, part-time employees, original probationary employees, promotional probationary employees and employees designated as at-will. The promotional - 9- 194 probationary employee shall revert to his/her previously held classification and position without loss of seniority. 4. Procedures for Layoff- A permanent employee in a classification affected by a reduction in force shall be laid off based on seniority in City service, that is the employee with the least City service shall be laid off first, followed by the employee with the second least City service, etc. Seniority shall be determined by hire date. Seniority shall mean full-time employment in any classification in the City of El Segundo. 5. Breaking Ties- In cases where two or more employees have the same date of hire (i.e. equal seniority), retention points for job performance shall be credited on the basis of the average of the overall evaluation ratings for the last three(3)years in a classification,provided the last rating had been filed at least thirty (30) days prior to the date of the layoff notice. Retention points are as follows: "Unsatisfactory"Rating - 0 points "Improvement needed" Rating - 6 points "Satisfactory" Rating 12 points "Exceeds expectations" Rating - 18 points "Outstanding" Rating - 24 points In the event of a tie in seniority, the employee with the lowest average of retention points shall be laid off first. In the event that one or more of the affected employees do not have a sufficient number of performance evaluations on file,ties shall be broken by a coin toss. 6. Reduction to a Vacant Position- An employee designated for layoff as a result of abolition of a position or classification may be offered appointment to a vacant position in a lower classification, if the employee is qualified by education and/or experience for such position. If there is more than one qualified employee to be offered such appointment(s),the offer(s) shall be based on seniority, with the employee with the highest seniority offered the position first, then the next highest, etc. If the employees have the same seniority,then the procedure for breaking ties set forth above shall apply. An employee accepting such appointment shall be placed on the step for the lower classification most closely corresponding, but in no case higher, than the salary step of his/her previously held position, and the employee will be assigned a new salary anniversary date on the effective date of the appointment. 7. Displacement Rights - An employee designated for layoff as a result of abolition of a position or classification may displace ("bump") an employee in a lower classification in which the employee has prior service, provided the laid off has greater seniority than the employee in the lower classification.Full-time members of the unit who are laid off will be permitted to bump non- benefited temporary and part-time employees if a) the classification is in the unit and b) the City _ 10- 195 determines that the laid off employee is qualified for the temporary or part-time position. In such cases,the full-time employee who has been laid off will assume temporary or part-time status. An employee who is bumped shall be laid off in the same manner as employee whose position or classification is abolished. 8. Salary Placement - An employee who is assigned to a lower classification as a result of a displacement(bump) shall be placed on the step of the salary range of the new classification which is closest to the compensation of the employee in the previous classification,but in no case higher, and the employee will be assigned a new salary anniversary date on the effective date of the appointment. The employee shall, however, retain seniority while his/her name remains on reemployment list or lists. 9. Re-Employment List - The names of permanent employees who have been laid off under this section(including employees who have bumped down) shall be placed, in order of seniority from highest to lowest, on a reemployment list for their classification or any lower classification for which the employee is qualified by education and/or experience. Persons on such lists shall retain eligibility for appointment therefrom for a period of three years from the date their names were placed on the list. As a vacancy within a classification or lower related classification becomes available, the name appearing at the top of the list shall be offered the opportunity to fill the vacancy. The name of an individual selected from the list to fill the vacancy who refuses the re- employment offer shall be permanently removed from the re-employment list without right of appeal. Laid-off employees do not earn seniority credit or benefits while on the re-employment list. 10. Rights on Re-Employment - If a person is reemployed by the City within three years, the employee's seniority, sick leave and vacation accrual rates shall be reinstated. Any accumulated sick leave and/or vacation earnings shall also be reinstated to the extent that the employee did not receive compensation for such earnings at the time of lay off.Upon reemployment, employees will be placed on the same salary step held at the time of Jay off. Article 1.15 Personnel Policies 1. Overtime Distribution- The City shall assign overtime work as equitably as possible among all qualified employees in the same classification in the same organizational unit. Such overtime work shall to the extent possible be assigned on the basis of volunteers. In the assignment of overtime under this provision, however, management may consider special skills required to perform particular work. 2. Good Friday - Employees shall be entitled to use vacation time for leaves with pay on Good Friday provided such absences are scheduled and approved by the City. - 11 - 196 ARTICLE 2 - SALARIES AND BENEFITS Article 2.01 Salary Adjustments The City shall provide the following salary increases to employees: Effective March 30, 2019: Seven Percent(7%) r Effective Pay Period that includes October 1, 2019: Three Percent(3%) Effective Pay Period that includes October 1, 2020: Two Percent(2%) Effective Pay Period that includes October 1, 2021: Two Percent(2%) Effective Pay Period that includes October 1, 2022: Two Percent(2%) Article 2.02 Overtime/Compensatory Time 1. Overtime Calculation-An employee who is required to work more than forty(40)hours during any given work week shall be compensated at the rate of one and one-half times his/her regular rate of pay. The City, for purposes of calculating overtime pay, will include holiday leave as time worked. Sick leave,vacation leave,and compensatory leave will not be considered as time worked for purposes of determining eligibility for overtime pay. 2. Compensatory Time - Employees may substitute compensatory time for overtime pay if approved by their Department Head as follows: A. The employee can maintain up to eighty (80) hours of accrued compensatory overtime at any one time, and carry over unused time from year to year. B. The employee may use compensatory time in conjunction with normal vacation time with prior approval of their Department Head. C. The employee can use up to forty (40) hours of compensatory time at any one time. 3. Cash in of Compensatory Time - Employees may cash in accrued compensatory time, once per calendar year, at the employee's current base salary hour rate of pay, and EPMC shall not apply, by notifying the payroll division of their intent to do so no later than November 20th. Payment to the employees will be made on or about the 10th of December. 4. Recall Minimum Hours -Employees who are required by their supervisor to return to work at a time other than their scheduled work day shall be compensated for a minimum of four (4) hours work at 1.5 times their regular rate of pay. Prescheduled overtime does not constitute recall hours overtime. 5. Regular Rate of Pay—Regular Rate of Pay is defined in 29 CFR 778.108 et seq. The definition used in this Resolution is for general reference and does not override the specific definitions set - 12- 197 forth in the Fair Labor Standards Act(FLSA). Therefore, as used in this Resolution, the "regular rate of pay" is the total inclusive compensation paid to or on behalf of the employee except gifts, travel expenses,other reimbursable expenses,payments not mandated by the former MOU or other rules/regulations, retirement and insurance contributions by the City, overtime and holiday pay. These are examples only and not intended to be an all-inclusive definition of the "regular rate of pay." Applicable statutes/case law shall prevail over any definitions inconsistent with statutes/case law. 6. Reimbursable Overtime is Not Subject to the Paid Leave Exclusion Above a. For purposes of this Agreement, an "Inspection Event" is defined as any inspection requested by a third party consumer to be performed outside of the Fire Department or Planning and Building Department's regularly scheduled hours. A single Inspection Event may include inspection of more than one item per consumer. Multiple inspection items at the same worksite for a single consumer addressed in a single Inspection Event will not be subject to separate minimum overtime compensation. A"worksite"is defined as a location with the same address. If more than one Inspection Event is performed for separate consumers on the same day, each Inspection Event is subject to the minimum overtime compensation requirement set forth in Section b below. b. The City shall pay a minimum of two (2)hours for reimbursable overtime compensation or actual time worked per Inspection Event, whichever is greater, to an ESCEA unit employee who voluntarily performs reimbursable after-hours inspection services outside of his or her regularly scheduled work hours pursuant to the following conditions: i. The ESCEA unit employee must be employed in the Planning and Building Department or as a Fire Prevention Specialist; ii. The ESCEA unit employee must receive prior written approval from his or her supervisor to perform an Inspection Event. Should a consumer request additional inspection item(s) while the ESCEA unit employee is at the site of an approved Inspection Event,performance of the additional inspection item(s) shall be deemed approved by the supervisor as part of the Inspection Event; iii. The work performed by the ESCEA unit employee must be in connection with his or her regular job duties; iv. The work performed by the ESCEA unit employee must occur outside of his or her regularly scheduled work hours; v. The overtime wages paid by the City must be subject to being reimbursed by a third party; vi. The work performed by the ESCEA unit employee must be related to after-hours inspections of premises; and - t3 - 198 vii. The City retains the right to assign any after-hours inspection to any Fire Department or Planning and Building employee (whether he or she is part of the ESCEA unit or not) or consultant at its discretion. Article 2.03 Family Emergency Care Sick Leave Utilization The City shall comply with the Federal and State regulations of the Family and Medical Leave Act; California Family Rights Act;Healthy Workplaces,Healthy Family Act of 2014;and all other applicable family leave laws. Affected employees shall be entitled to utilize accumulated sick leave for providing immediate family medical necessity-related care. Depending upon the applicable leave law, "family member" may be defined as including but not limited to children, parents, of employee and employee's spouse or registered domestic partner, siblings, grandchildren, or grandparents. Utilization of said sick leave shall be contingent upon the employee making application for sick leave use and providing the required documentation evidencing that the sick leave is to be distributed because of a family member receiving medical attention by any type of health care provider. Article 2.04 Uniform Allowance and Replacement The City shall pay uniform, clothing, and personnel equipment allowance as follows: A Fire Prevention Specialist- $240 per year or equivalent per month of active duty. C. The City reserves the right to provide uniforms in lieu of the allowances provided for herein. Affected employees occupying the classifications of Fire Equipment Mechanic, Equipment Mechanic UII, Pool Technician, and all Fire Prevention Specialist classifications shall have unserviceable uniforms replaced by the City by means of the replacement policies and procedures applicable to sworn uniformed City police personnel. Said replacement policy shall be in addition to any uniform maintenance allowance paid to affected employees. The City shall provide rain gear for Building Inspectors I/II and shall additionally provide safety shoes in an amount not to exceed $180.00 (effective March 20, 2019)(pre-tax) per 12-month period for those individuals required by the City to wear safety shoes. The City shall contract with a vendor for provision of said safety shoes and the affected employees shall be required to obtain the shoes from said vendor unless it can be demonstrated to the satisfaction of the employee's department head that the vendor does not have footwear which is usable by the employee. Upon receipt of written authorization from the department head to do so,the employee may in such case purchase safety shoes at a location of his/her choice, subject to the maximum $180.00 (effective March 20, 2019) pre-tax City contribution. Requests for an additional shoe allowance when such individuals have worn or damaged safety shoes shall not be unreasonably denied. If denied, the reason for such denial shall be provided in writing to the employee. - 14- 199 Employees occupying the following classifications shall have uniforms and shoes provided: All Maintenance Worker I/II and Leadworker Classifications Custodian Building Inspector 1/11 Meter Reader/Repairer Equipment Mechanic I/11 Facilities Systems Mechanic Maintenance Craftsworker Tree Maintenance Worker Senior Park Maintenance Worker Fire Equipment Mechanic Pool Technician Article 2.05 Employee Group Insurance Programs 1. Medical A. Effective January 1991, the City will contract with the California PERS for the Public Employees' Medical and Hospital Care Program for medical insurance. B. Effective May 1, 2019, the City's maximum contribution for medical and mental health insurance will be $1500/month for full-time employees and$750/month for part-time employees. C. Effective January 1, 2022, the City's maximum contribution for medical and mental health insurance shall be$1550/month for full-time employees and$775/month for part-time employees. D. Effective January 1, 2023, the City's maximum contribution for medical and mental health insurance is $1600 per month for full-time employees and $800 per month for part-time employees. Employees may opt out of insurance and receive $250/month in cash. The opt out benefit is only available so long as the city's insurance rate is not adversely affected by the "opt out". The employee must provide verification of alternative coverage in order to opt out and is responsible for the tax consequences of the cash payment. The cash benefit is not subject to PERS retirement credit. The parties agree that they shall re-open this provision to discuss elimination of this Opt Out option due to the Flores v. City of San Gabriel decision. E. Effective upon City participation in the Public Employees' Medical and Hospital Care Program the City will initiate a future retiree health insurance contribution program for retirees who participate in the Public Employees' Medical and Hospital; Care Program. The program will provide for the following maximum contributions: - 15- 200 Year of Retirement Amount of Monthlv Contribution 1991 * $16.00 1992 * 25% of City Contribution made for employee with coverage which is the same as that of the retiree. 1993 * 50% 1994 * 75% 1995 * 100% *Should the contribution listed be less than$75.00 the retiree shall receive $75.00. Employees must have a minimum of five (5) years of service with the City in order to be eligible for paid retiree medical insurance. Effective March 20, 2019, the maximum City contribution for medical insurance, for both active employees and retirees, shall be $1600 per month. F. Dental During the term of this agreement, the City will pay the premium for City contracted dental insurance for employees and eligible dependents. The City's aggregate contribution for current dental, optical and life insurance shall be capped at$135.00 per employee per month G. Optical During the term of this agreement, the City will pay the premium for City contracted optical insurance for employees and eligible dependents. The City's aggregate contribution for current dental, optical and life insurance shall be capped at$135.00 per employee per month. H. EAP/Mental Health The City's contribution for medical insurance shall be used for medical premiums only; cost of EAP will not be deducted. City shall provide mental health benefit at a basic level and at City cost. Employees shall be eligible to purchase, on a voluntary basis, the EAP Tier II, "Outpatient Tier Program"for themselves and/or eligible dependents. - 16- 201 Article 2.06 Retirement 1. The City shall provide as deferred compensation a set dollar amount to be paid toward the employee's contribution to the Public Employees' Retirement System. The dollar amount to be paid as deferred compensation for the term of this agreement shall be an amount equal to four percent (4%) of the sum of the total earnings less than $133.33 per month. Total earnings less deferred pay and special compensation as defined by Ca1PERS equals base pay. The City agrees to pay on behalf of the employees covered under this agreement the member contribution on shift differential, uniform allowance and uniform replacement when such benefits are includable as additional compensation for PERS purposes. 2. PERS Payment Pick Up: Effective May 13, 2017, employees shall make the seven percent (7%) (pre-tax) of the Employee Paid Member Contribution. Effective last full pay period in September 2023. Employees shall contribute an additional one percent (1%) pick-up of one percent (1%) pursuant to Government Code sections 20516.5 and 20516(b). The additional one percent deduction shall only be applied if all other miscellaneous employees pay the additional 1% PERS contribution. 3. Effective January 1, 1992 the City's contract with the California Public Employees' Retirement System was amended to add Section 20024.2, One-Year Final Compensation. 4. The City has amended its contract with the Public Employees' Retirement System (PERS) to provide eligible employees with the benefits of the 2% at age 55 (Modified) retirement plan in accordance with Government Code Section 21354. (b) Tier II - The City has amended its contract with the California Public Employees' Retirement System(Ca1PERS)to implement the 2%@ 60 retirement formula in accordance with Government Code Section 21353. This formula applies to all employees hired on or after December 30, 2012. Tier I and Tier II participants will have their final compensation based upon the "single highest year"pursuant to Government Code Section 20042. (c)Tier III—Members in this bargaining unit who are first employed by the City on or after January 1,2013,and are"new employees"and/or"new members"as defined by AB340(Public Employees Pension Reform Act) shall be provided with the 2% @ 62 retirement formula. Members shall be subject to all other statutory requirements established by AB340, which includes paying 50% of the normal cost as determined by Ca1PERS. Members' final compensation shall be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of retirement, or some other 36 consecutive month period designated by the member. 5. Effective April 12, 2008, the City's contract with the California Public Employees' Retirement System and the City Council, City of El Segundo was amended to provide Section 21548, "Pre- Retirement Optional Settlement 2 Death Benefit" for bargaining unit members (local miscellaneous members). - 1 7- 202 Article 2.07 Differential Pay Article 1. Shift Differential- Employees shall be entitled to shift differential pay of ninety cents ($.90)per hour for the total number of hours worked during their scheduled shift when a minimum of four (4) hours of an employee's scheduled shift occurs between the hours of 5:OOp.m. and 6:OOa.m. Employees who work overtime shall not be entitled to shift differential pay for hours in which they receive overtime pay. Article 2.08 Computer Purchase Program 1. Contingent upon the City determining that sufficient funds exist for said purpose, provision to each affected employee of a maximum $4000.00 cumulative interest free loan for an initial purchase of personal computer hardware, software and ergonomic-related furniture and equipment. An employee with an outstanding balance on a prior computer loan as of July 1, 1998 will have that amount currently due from the previous loan subtracted from the amount the employee can borrow interest free under this program. 2. Subsequent loans or amounts in excess of the above maximum interest free loan,would be at an interest rate of 3%. All loans would include a 35-month repayment term. 3. Anti-virus software shall be required as a prerequisite in granting requested loans. 4. The City's determination in this regard is not subject to administrative or judicial appeal. Loans shall be repaid through payroll deductions over a three year period. Outstanding loan balances must be paid off at the time an employee separates from City service and the City shall be authorized to recover any loan balance by making deductions from the employee's final check. 5. The City would retain title, as security, to any equipment purchased with funds from the above described loans, until such time as the loan is fully paid off. The City is to be notified of any exchange or updating of equipment. 6. Effective March 20, 2019, the computer loan program will be eliminated. Article 2.09 Sick Leave 1. Sick Leave Accumulation,- Employees shall receive one (1) eight (8) hour day accumulation for each month's service not to exceed a maximum of 600 hours. Current employees with more than 600 hours of accumulated sick leave will be allowed to utilize that amount as their personal sick leave cap throughout the remainder of their service with the City. Permanent part-time employees shall accrue 48 hours of sick leave every year, or 1.85 hours of sick leave per pay period. 2. Sick Leave Pavment Upon Sevaration, - Affected employees having a minimum of 5 years of service with the City in a classification covered by this Agreement will be paid for 50% of their unused sick leave upon death or termination. Employees shall receive 100% of their unused sick - 18- 203 leave upon a service or disability retirement. The rate of pay for sick leave payouts shall be at base salary hourly rate of pay and EPMC shall not apply. 3. Sick Leave - Payment of Accrual - On the first day of December of each year, employees who maintain a balance of 600 hours of sick leave accrual shall be paid for (100%) of sick leave accumulated and not used during the preceding twelve-month period. Payment shall be made on or before December 10th. The rate of pay for sick leave payouts shall be at base salary hourly rate of pay and EPMC shall not apply. 4. Sick Leave Accrued - Pavment on Termination Prior to December 1'. Employees who terminate prior to the first day of December while maintaining a balance of more than 600 hours of sick leave shall also be paid seventy percent (70%) of their unused accrued sick leave accumulated since the preceding December 1 st. The rate of pay for sick leave payouts shall be at base salary hourly rate of pay and EPMC shall not apply. 5. Sick Leave Certification-Any employee taking sick leave shall, upon his or her return to work, sign a statement certifying the reasons for such sick leave. Employees absent five or more consecutive working days, or four consecutive working days for employees assigned to a four-day ten-hour working schedule must submit a statement from a doctor that the employee was under his care and is able to return to work. Upon the recommendation of a Department Director or his/her designee the City Manager or the Director of Human Resources may, before allowing such leave or before permitting an employee to return to work,require submission of a doctor's certificate for any absence. Any employee who makes a false claim to sick leave or who refuses to cooperate in an investigation by the City of his or her claim shall be subject to disciplinary action. In addition to the above, effective January 1, 2001, after an employee has used seventy-two (72) hours or more of sick leave during the employee's 12-month annual performance evaluation period,the employee's department head may require,for each sick leave absence thereafter during the year, that the employee provide a statement from a doctor verifying that the employee was under a doctor's care during the absence and that the employee is now able to return to work. In accordance with Labor Code Section 234 use of family sick leave will not be included when determining whether an employee has exceeded the 72 hour threshold set forth above. 6. Sick Leave Requests - Requests for sick leave benefits will not unreasonably be denied. Employees agree not to abuse the use of sick leave. Article 2.10 Flexible Spending Account The City will implement a Flexible Spending Account pursuant to the terms and conditions of this plan no later than January 31, 1989. Article 2.11 Bereavement Leave/Emergency Leave 1. Bereavement Leave - Employees shall be entitled to three (3) days of bereavement leave with pay per incident which shall be increased to one work week per incident in those circumstances where travel to a funeral or other memorial proceeding is 500 or more miles one way as measured from the El Segundo City Hall. Additionally, the definition of the "immediate family" whose - 19- 204 funeral or memorial proceeding qualifies for the use of bereavement leave, shall include the children, parents, siblings, grandparents of the employee, the employee's spouse or significant other. 2. Personal Emereencies -Employees, upon request, shall be entitled to utilize vacation, Personal Leave Day/Floating Holiday or accumulated compensatory time off for bona fide and substantiated personal emergencies, i.e. serious illness of immediate family members, and cases of extreme and unusual hardships of an emergency nature.In certain circumstances,notification requirements may be waived. Article 2.12 Step Advancement 1. Steu Advancement Basic Salary Schedule - The advancement of a new employee from Step A shall be on the new employee's anniversary date which is established as the day immediately following satisfactory completion of his or her first six months' service; Steps B, C, and D contemplate one year's service in each of such classification subject to the limitation of Section 6 below and the advancements therefrom shall be on the anniversary date of the employee; Step E contemplates continued service in such classification until further advancement is indicated by reason of longevity. Notwithstanding the above,a supervisor may recommend to the department head that an employee receive an accelerated advancement of part or all of the next salary step B, C, D, or E (excluding Longevity Pay ), based on exemplary job performance. If the department head concurs, he/she shall submit a written report on the prescribed form to the Director of Human Resources citing specific examples of work performed by the employee that consistently exceeds expectations and warrants approval of part or all of the next salary step prior to the employee's anniversary date. The Director of Human Resources shall submit the request along with a recommendation for action by the City Manager. Recommended accelerated salary increases shall be in whole percentages ranging from 1-5%.An employee may receive more than one salary step advancement,but in most cases the total granted shall not exceed 5% in a twelve (12) month period. The accelerated salary advancement(s) shall not change the affected employee's anniversary date. In no case shall an employee receive compensation that exceeds the E-step of their respective salary range. 2.Class Series Classifications-Notwithstanding the provisions of Section 1,the following classes: Accounts Specialist 1/II Building Inspector I/II Equipment Mechanic I/II Library Clerk I/II License Permit Specialist I/II Office Specialist IIII Park Maintenance Worker I/11 Public Works Inspector IIII Street Maintenance Worker I/II Wastewater Maintenance Worker I/II Water Maintenance Worker IIII -20- 205 The classifications listed above shall be described as class series classifications and shall be paid at either of two different salary range levels assigned to each class. In each of these classes, entry level may be made at two different work performance, skill, and assigned responsibility levels corresponding to the two different salary range levels. When entry is made at Level I,the employee shall progress through steps of the range assigned to that level in the manner described in Section 1, except as noted below. When entry is made at Level II, the employee shall advance through the steps of the range assigned to that level in the same manner as described in Section 1. Every person employed at Level I shall be.eligible to advance to Level II without regard to the number of other employees at either of the levels or budget limitations. To assure the latter, class series positions shall be budgeted at Level II in all cases. Merit considerations, as clarified by the factors listed below, shall be the exclusive basis for advancement to Level II. When a person is employed at Level I, such employee may be advanced to Level II upon a determination by the Department Head and approval of the Director of Human Resources that the employee's work performance, skill development, and demonstrated ability to perform higher level duties causes his/her assignment to Level II to be appropriate.No employee shall be advanced to Level II without such an evaluation. In making the determination to advance to Level II according to the above noted factors, such determination shall not be made simply by subjective evaluation but shall be upon a finding that the employee's work performance meets specific criteria developing from the following factors, among others deemed appropriate: Length of service at Level I; Meeting minimum qualifications posted on class specifications Acquisition of specialized skills required of the position; Achievement of specific job-related goals and objectives during a specified period of time; Increased ability to work without close supervision; Ability to exercise increased individual judgment; Ability to provide leadership and guidance to less experienced employees; Ability to understand and properly apply departmental rules; Ability to produce work which is acceptable both in terms of quality and quantity and which represents at least the average level of work produced by other Level II employees. Specific criteria for advancement within a class series shall be prepared jointly by each Department Head and the Director of Human Resources. -21 - 206 Such criteria shall be approved by the City Manager. No employee shall be advanced from Level I to Level II except upon recommendation of the Department Head and approval of the City Manager. Whenever an employee is moved from Level I to Level II, such employee shall be compensated at the lowest rate of compensation provided for in the higher Level 11 salary range which exceeds by not less than five percent the rate of compensation received by said employee at the time of assignment to Level II, unless otherwise ordered by the City Council. While occupying a position assigned to a class series classification, an employee shall serve only one probation period. 3. Longevity Achievement on Merit - Employees to whom this Chapter applies who are eligible to receive longevity pay shall receive longevity pay based upon an overall rating of"standard" or higher as determined by the employee's performance evaluation. If the employee fails to qualify for longevity pay because of failure to have attained a "standard" or higher rating, and the employee's overall performance subsequently improves to at least a .. standard" level, the longevity pay increase shall be granted upon the issuance of a satisfactory performance report. 4. Step Advancement-Anniversary Date-An employee advanced from any range to another range of the Basic Salary Schedule shall receive a new anniversary date which is the date of the change. If the employees anniversary date falls in the first week of the pay period,the effective date of the increase will be the first day of that pay period; if the effective date falls on the second week of the pay period, the effective date of the increase will be the first day of the following pay period. Other changes in salary, unless specifically directed by the Council or as provided in Section 6 shall not change the anniversary date, except for promotions made in accordance with the Personnel Merit System Ordinance or the Personnel Rules and Regulations. The City Council reserves the right, at any time, and in its sole discretion, to change the range number assigned to any officer or employee and to determine the particular step in any range number which is to be thereafter assigned to any such officer or employee, subject to meet and confer with the Association. Notwithstanding the above, an employee in a classification under Section 2 shall not be assigned a new anniversary date when he/she is advanced from Level I to Level II in that same classification. 5. Increases on Merit- Basic Salary Schedule - An employee shall be eligible for advancement to a higher step on the basis of service time as described in Section 1 and satisfactory performance of duties. An employee will be presumed to merit an increase unless his or her Department Head, with the concurrence of the Director of Human Resources, notifies the employee in writing no later than the end of the pay period which begins after said employee's anniversary date that the increase should be withheld, stating reasons. The reasons shall be provided to the employee in writing. If the employee's performance subsequently improves to a satisfactory level, the step increase will be granted and the date of increase will become the employee's anniversary date. -22- 207 Article 2.13 Workers' Compensation Provisions Permanent employees who are members of the Public Employees' Retirement System and who receive injuries that are compensable under the California Workers' Compensation Laws (other than those to whom the provisions of Section 4850 of the Labor Code apply) shall be entitled to receive: 1. Seventy-five percent of the employee's regular salary for any so-called waiting period provided for in the Workers' Compensation Laws. 2. Thereafter, for a period of up to one year, or until earlier retirement on disability pension or a finding of permanent and stationary disability by a medical doctor,the difference between seventy- five percent of the employee's regular monthly salary and the amount of any temporary disability payments under the California Workers' Compensation Laws. Such payment shall cease when the employee receives a permanent disability award or is physically able to return to work. 3. These payments shall be provided without deductions for State or Federal Income Taxes,to the extent allowable by the Internal Revenue Service. Article 2.14 Holidays 1. Holiday Schedule - The following Days shall be considered as holidays for City employees: January 1 st The third Monday in January(Martin Luther King Jr. Day) The third Monday in February (President's Day) The last Monday in May (Memorial Day) July 4th The first Monday in September(Labor Day) November 11th(Veteran's Day) Thanksgiving Day Day After Thanksgiving December 24th December 25th December 31 st 2. Holidays will be paid based on the employee's assigned daily work schedule. Employees assigned to a 9/80 schedule will have holidays paid in nine (9)hour increments unless the holiday falls on their assigned eight-hour workday, in which case they will be paid eight hours of holiday pay. 3.Employees with a reduced approved work schedule pursuant to Article 3.19 or 3.20 of this MOU will have holidays paid consistent with their approved daily work hours. 4. Floating Holidays -23 - 208 (a) In the event any of the above Holidays falls on a Sunday, the Holiday shall be observed on Monday. If the Holiday falls on a Friday or Saturday (or an employee's otherwise regularly scheduled day off),the employee will receive a floating holiday consisting of the number of hours based on the employees assigned daily work schedule. (b) Floating Holiday hours shall be credited to the employee's leave bank at the beginning of the pay period which includes the holiday. (c) Floating Holiday hours may not be carried over to the following calendar year. However, Floating Holiday hours earned during the months of November and December only,may be carried over to the next calendar year but must be used by October 31 st of that year. This applies to the Floating Holiday provided under 4(b) above. 5. Holiday Pay-If an employee is required to work upon a City Holiday,he or she shall be entitled to time and one-half for such work in addition to the straight time holiday pay described in 2.16(3) above. 6. Personal Leave/Floating Holiday—In addition to the holidays enumerated in Article 2.16, each employee who has completed six months of service shall be entitled to select one day (10 hours for 4/10 schedule employees; 9 hours for 9/80 scheduled employees), as a Personal Leave Day/Floating Holiday with the approval of the employee's supervisor after a minimum of seven days prior notice. The Personal Leave/Floating Holiday shall be credited to the employee's leave bank every January. Employees hired on or after July 1 will receive the Personal Leave/Floating Holiday and may use this time prior to completing six (6) months of service with supervisor approval -or- carry over the hours to the next calendar year to be used by March 31 st of that year. Article 2.15 Life Insurance The City will provide a$30,000 Life Insurance policy for each employee. Article 2.16 Vacation Employees shall receive either: ORIGINAL ACCRUAL SCHEDULE 1. Ninety-Six (96) hours per year with full salary for the first seven years of continuous service with the City. 2. One Hundred Thirty-Six (136) hours per year with full salary after seven years and until the completion of fourteen years of continuous service. 3. One Hundred Seventy-Six (176) hours per year with full salary after fourteen years of continuous service. -24- 209 OR ALTERNATIVE ACCRUAL SCHEDULE 1. Ninety-Six (96) hours per year from commencement of the first year of service through and including completion of the fifth year of service. 2. One Hundred Twenty (120) hours per year upon commencement of the sixth year of service through and including completion of the tenth year of service. 3. One Hundred Forty-Four (144) hours per year upon commencement of the eleventh year of service through and including completion of the fifteenth year of service. 4. One Hundred Seventy-Six (176) hours per year upon commencement of the sixteenth year of service and for all years of service thereafter. An employee desiring to participate in the .. alternative .. accrual schedule shall so advise Human Resources Department in writing of their election,no later than October 19, 1994.Failure to advise of an election to accrue vacation pursuant to the alternative schedule shall result in the employee continuing to accrue vacation on the .. original" schedule. An election to accrue vacation on the alternative schedule or maintenance of accrual pursuant to the original schedule, shall be irrevocable. For this article, the term "day" shall be the equivalent of eight hours. Vacation time shall accrue on a monthly basis. Vacation leaves may be taken only after an employee has completed six month's continuous service (although still on probation). Permanent part-time employees receive vacation accruals at 50% of the established full-time schedule. Article 2.17 Vacation Time Accumulation and Sale Vacation time shall be accumulated from date of last continuous permanent employment. All vacation shall be taken at such times as are agreeable to the head of the department and approved by the City Manager, or designee. Earned vacations shall not be accumulated for a longer period than for two years' service. For the duration of this agreement only, an employee may sell back up to twenty five percent (25%) of his/her annual vacation accrual, to which they are entitled by length of service. Each employee may sell back vacation once per calendar year and only during the first two-weeks of December. Rate of pay for vacation leave payouts shall be at base salary hourly rate of pay and EPMC shall not apply. Article 2.18 Vacation Time Accrual- For Temporary Industrial Disability Notwithstanding the provisions of Article 2.19, employees on temporary industrial disability may accrue vacation time for longer than two years. -25 - 210 Article 2.19 Long Term Disability Plan The City will add all unit members to its currently existing Long Term Disability Plan. Article 2.20 Direct Deposit It is agreed between the City and Association that it is in the mutual interest of the City and its employees that all covered employees utilize the currently available direct deposit system. Employees who do not desire to utilize direct deposit shall make their wishes known in writing to the City's Director of Human Resources, together with a statement of their reasons therefore. Requests for exceptions to this direct deposit policy shall not be unreasonably denied. Article 2.21 Promotional Examinations For the purpose of interpreting Section 1-6-9 (B) of the El Segundo Municipal Code, entitled "Examinations", the City agrees that a "sufficient number" shall be two (2) eligible, qualified applicants who have indicated an interest in a particular promotion in writing to the Director of Human Resources. Examinations may be specified by the Personnel Officer, as promotional only, as open only, or as both open and promotional. Article 2.22 Standby Duty 1. Standby duty is the time that employees, who have been released from duty, are specifically required by their supervisor to be available for return to duty when required by the City. During standby, employees are not required to remain at their City work station or any other specified location. Standby duty employees are free to engage in personal business and activities. However, standby duty requires that employees: A. Be ready to respond immediately. B. Be reachable by paging device or telephone. The City may, in its discretion, provide a paging device, e.g., a beeper, to an assigned standby duty employee. C. Be able to report to work within one (1)hour of notification. D. Refrain from activities which might impair their ability to perform assigned duties. This includes,but is not limited to,abstaining from the consumption of any alcoholic beverage and the use of any illegal drug or incapacitating medication. E. Respond to any call back during the assigned standby duty. 2. As with any City equipment, any paging device assigned to an employee is the responsibility of the standby employee during standby assignment. The employee is liable for loss or damage to the paging device, which is caused by the employee's negligence or intentional acts. -26- 211 3. Failure of an employee to comply with the provisions of standby duty may subject the employee to discipline, up to and including termination of employment with the City. 4. For each assigned period of standby duty employees shall be provided two (2) hours of pay per day. 5. Employees recalled to duty shall receive a minimum of four (4) hours of recall pay at time and one-half their regular rate of pay. 6. An employee who uses sick leave or vacation leave during a standby period, occurring on or after, October 15, 2000, shall not be provided any form of compensation for the standby period, unless the employee's department head approves, in writing, the provision of the normal standby period compensation. Article 2.23 Educational Incentive Pay Eligible employees shall be entitled to receive educational incentive pay.The educational incentive shall be as shown below and shall be paid at the same times and in the same manner as base salary. Educational incentive pay is reported as compensation to PERS. (Revised October 2011). A. Education Pay Eligibility for educational incentive pay is limited to those employees who(a) are working in a job classification that does not require a bachelor's degree or higher degree to qualify for the classification, (b) were awarded a bachelor's degree, and (c) were awarded such degree in one of the majors of public administration, business administration, engineering, or other job-related major, which had been approved by the department head, in writing, prior to admission of the specific employee into that major. Job Classifications Occupying Salary Grades 11-19: $ 219.64/month Job Classifications Occupying Salary Grades 20-29: $ 281.16/month Job Classifications Occupying Salary Grades 30-39: $ 334.21 /month If during the term of this Agreement a job classification is assigned a salary grade higher than 39, the flat dollar monthly amount of education incentive pay for the employee shall be equivalent to five percent(5%) of the base salary EStep of the salary grade. Employees hired on or after May 10, 2017 shall not be eligible for Education Pay. B. Certification Pay Employees in the following job classifications shall be entitled to certification pay for obtaining and maintaining a certification above the level required on the City Council approved class specification: Meter Reader/Repairer Street Maintenance Leadworker Tree Maintenance Worker -27- 212 Wastewater Maintenance Leadworker Wastewater Maintenance Worker II Water Maintenance Leadworker Water Maintenance Worker II Job Classifications Occupying Salary Grades 11-19: $ 219.64/month Job Classifications Occupying Salary Grades 20-29: $ 281.16/month Job Classifications Occupying Salary Grades 30-39: $ 334.21/month Eligible certification(s) will be determined by the employee's Department Director. If during the term of this Agreement a job classification is assigned a salary grade higher than 39, 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. Article 2.24 Longevity Pay Effective October 1, 2005, employees shall be entitled to the following longevity pay based on years of service with the City of El Segundo: Job Classifications Occupying Salary Grades 11-19: Completion of 5 years of service $ 43.93/month Completion of 10 years of service $ 87.86/month Completion of 15 years of service $ 131.78/month Job Classifications Occupying Salary Grades 20-29: Completion of 5 years of service $ 56.23 /month Completion of 10 years of service $ 112.46/month Completion of 15 years of service $ 168.69 /month Job Classifications Occupying Salary Grades 30-39: Completion of 5 years of service $ 66.84/month Completion of 10 years of service $ 133.68/month Completion of 15 years of service $ 200.53/month If during the term of this Agreement a job classification is assigned a salary grade higher than 39, the flat dollar monthly amount of longevity pay for the employee shall be equivalent to one percent (1%) of the base salary EStep of the salary grade for five(5)years of service;two percent(2%)of the base salary E Step of the salary grade for ten (10) years of service; and three percent (3%) of the base salary EStep of the salary grade for fifteen(15) years of service. Longevity Pay is reported as compensation to PERS. (Revised October 2011) Permanent part-time employees receive longevity pay at 50% equivalent to the longevity pay amounts applicable to permanent full-time employees. Employees hired on or after May 10, 2017 are not eligible for longevity pay. -28- 213 Article 2.25 Class A and Class B Driver's License Pay Employees in the following job classification shall be entitled to a $75 per month stipend for obtaining and maintaining the Class A California Driver's License required on the City Council approved class specification: Equipment Mechanic II Fire Equipment Mechanic Employees in the following job classifications shall be entitled to a $50 per month stipend for obtaining and maintaining the Class B California Driver's License required on the City Council approved class specification: Street Maintenance Leadworker Street Maintenance Worker II Tree Maintenance Worker Wastewater Maintenance Leadworker Wastewater Maintenance Worker II Water Maintenance Leadworker Water Maintenance Worker II Employees in the job classifications of Park Maintenance Worker II,Facilities Systems Mechanic, and Equipment Mechanic I who voluntarily obtain and maintain a Class B California Driver's License shall also be entitled to the $50 per month stipend, and shall be subject to all Department of Transportation requirements applicable to the possession of such license. Article 2.26 Paid Family Leave Benefits Employees eligible for Paid Family Leave benefits under the State Disability Insurance program shall be required to take up to two weeks of earned but unused vacation leave prior to the employee's initial receipt of these benefits. Employees may use any available family illness leave in lieu of the vacation time. Article 2.27 El Segundo City Employees Association Insurance The El Segundo City Employees Association sponsored optional insurance plans shall be made available via automatic payroll deduction. All associated insurance costs to be borne by unit employees. -29- 214 ARTICLE 3 - OTHER PROVISIONS Article 3.01 Drug-Free Workplace Statement and Substance Abuse Policy The parties have met and conferred in good faith regarding the adoption of a Drug-Free Workplace Statement and Substance Abuse Policy, dated July 1, 2008, and the same shall be implemented concurrent with the adoption of this MOU. Article 3. 02 Smoking Policy The parties have met and conferred in good faith regarding the adoption of a nonsmoking policy dated 10/5/1994, and the same shall be implemented concurrent with the adoption of this MOU. Article 3.03 Drug Free Workplace Statement and Substance Abuse Policy All safety sensitive employees (holders of Class B licenses) must submit to a drug test and an alcohol test upon returning to duty after an absence of thirty (30) days or more, or after being removed from duty because a drug and/or alcohol test detected a prohibited presence of a controlled substance or alcohol in the employee's system. Article 3.04 Department of Transportation Drug Testing Guidelines The parties have agreed upon Department of Transportation Drug Testing Guidelines. Article 3.05 Catastrophic Leave Bank Policy The parties have agreed upon a Catastrophic Leave Bank Policy. Article 3.06 Occupational Illness and Injury Policy The parties have agreed upon an occupational injury and illness policy dated June 23, 2004. Article 3.07 Break Policy All affected employees performing in classifications traditionally described as "field classifications" (generally including employees with the Divisions of Parks, Streets, Water and Wastewater) shall be provided one (1)thirty(30)minute rest-break to be taken near the mid-point of the first four hours of the employees regularly scheduled work shift. Included with this break is all time required to secure the work site, to travel to and from any rest-break location, and to reconvene work at the conclusion of the rest-break. All remaining employees shall be provided a fifteen (15) minute rest-break near the midpoint 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 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. -30- 215 As regards lunch breaks, all affected employees are scheduled for either a thirty (30)or sixty(60) minute lunch break depending upon the work assignment. Such scheduling shall be in accord with pre-existing City practices and procedures. Failure by any employee to utilize a rest or lunch break shall not result in any accumulation or other "banking" of said unused time, nor shall such failure result in conclusion of the employees' regularly scheduled shift at a time earlier than scheduled nor shall any unused break time be utilized to extend a lunch break. However, in any instance where management mandates that a rest or lunch break not be taken because of the need to provide services to the City,then said additional work time shall be compensated in accord with this MOU, City Rules and Regulations and applicable statutory requirements. Additionally, in said circumstances,management does have the discretion to allow for early termination of an employee's regularly scheduled work hours in amounts of time equivalent to the missed breaks. The consumption of food or other refreshments at times other than during rest and lunch breaks is discouraged.This break policy shall be implemented by all supervisory and management personnel and shall prevail over any inconsistent City or Department policy, written or otherwise. Article 3.08 Alternative Work Schedules Bargaining Unit employees shall be assigned to a work schedule as determined by the Department Head. If the employee requests change to the schedule, the Department Head and employee may mutually agree to the change. If the change proves not to be operationally sound, the Department Head may reverse the change. Article 3.09 Education Reimbursement 1. Reimbursement Procedures - Permanent employees may participate in the City's Educational Reimbursement Program. 2. Repayment Upon Termination- Employees who participate in the Educational Reimbursement Program will be required to sign the following agreement: "I certify that I have successfully completed the course(s), receiving a grade of"C" or better. A copy verifying this grade is attached. I agree to refund the City or have deducted from my final paycheck any educational reimbursement funds received under this program if I should leave the City's employ, voluntarily or through termination with cause, within one year after completion of the course work for which I am to receive reimbursement. The amount of refund shall be determined in accordance with following schedule: -31 - 216 When Devart Percentage 1 month after course completion 100% 2 months 100% 3 months 90% 4 months 80% 5 months 70% 6 months 60% 7 months 50% 8 months 40% 9 months 30% 10 months 20% 11 months 10% 12 months 0% 3. Eligible employees may receive no more than one thousand seven hundred fifty dollars ($1,750.00)per calendar year under this program. Article 3.10 Catastrophic Leave Bank The City shall institute a catastrophic leave bank as follows: 1. Purpose - To establish a program whereby City employees may donate accumulated time to a catastrophic sick leave bank to be used by permanent,part-time and full-time employees who are incapacitated due to a catastrophic illness or injury. 2. Definition- A catastrophic illness or injury is a chronic or long term health condition that is incurable or so serious that, if not treated, it would likely result in a long period of incapacity. 3. Procedures A. There is established a joint-employer/employee committee composed of an individual from each recognized employee organization and a representative of City Administration charged with administering the Catastrophic Leave Bank. -32- 217 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. Article 3.11 Temporary Service in a Higher Classification When an employee is qualified for and is required for an appreciable period of time to serve temporarily in and have the responsibility for work in a higher class or position, when approved by the City Manager, such employee, while so assigned, shall receive the entrance salary rate of that class or whatever step thereof that is not less than five percent above his or her present rate, whichever is higher. For the purpose of this section, "applicable period of time" is defined as nine consecutive working days (eight working days if on four-ten plan) or longer. Article 3.12 Promotions In all cases where an employee regulated by Chapters IA3 and 1A4 is promoted to a classification in Chapters IA3 or IA4 for which a higher rate of compensation is provided, then such employee so promoted shall enter into such higher classification at the lowest rate of compensation provided for such higher classification which exceeds by not less than five percent the base rate of compensation, excluding special assignment pay, received by said employee is such given classification at the time of such promotion, unless otherwise ordered by the City Council. All supervisors shall be paid a base rate not less than the next higher base rate than any of their subordinates. In the event that a supervisor is paid a base rate of pay equal to or lower than one of his regularly assigned subordinate's base rate, the supervisor's base rate shall be advanced to a step in his/her salary range which is next higher than any subordinate's base pay exclusive of longevity pay, educational incentive pay, and special assignment pay. Article 3.13 Termination Pay Upon termination of employment during a pay period,pay shall be prorated and paid for each day worked in said pay period and the terminal salary warrant shall include accrued vacation pay to the time of termination. Rate of pay for accrued vacation at the time of termination shall be at the employee's base salary hour rate of pay and not include EPMC. -33 - 218 Article 3.14 Jury Duty Employees shall be entitled to a leave of absence for jury duty subject to compliance with all of the following conditions. A. The employee must provide written notice of the expected jury duty to his or her supervisor as soon as possible,but in no case later than 14 days before the beginning of jury duty. B. During the first two weeks of jury duty, an employee shall be entitled to receive his or her regular compensation. C. For any portion of jury duty that extends beyond the first two weeks, such extended jury duty period shall be without regular pay. D. Any compensation for the first two weeks of jury duty, except travel reimbursement pay,must be deposited with the Director of Human Resources. E. While on jury duty, the employee must report to work during any portion of a day that the employee is relieved of jury duty for three or more consecutive hours. F. The employee must provide documentation of his or her daily attendance on jury duty. G.However,notwithstanding Section C above,employees may access accrued vacation leave, sick leave and compensatory time if jury duty extends beyond two weeks. Article 3.15 Physical Examinations The City will allow up to two (2) days of accumulated sick leave per year to be used for purposes of physical examinations, subject to submission of a doctor's verification. The City further agrees that requests for sick leave benefits will not unreasonably be denied. Article 3.16 Joint Labor Management Team Pursuant to the meet-and-confer process for 1997-98, it was agreed upon that representatives of the City and the Association shall create joint labor management teams to foster improved communication and productivity. Article 3.17 Disciplinary Action-Authority to Take Modify Personnel Rule 14.4 to include the following: 1. Prior to making a final decision to take disciplinary action involving suspension, demotion, dismissal or reduction in pay,the City Manager shall give written notice of the proposed action to the concerned employee. The notice shall include a statement of reasons that a disciplinary action is being proposed and shall include a copy of the charges being considered by the City Manager. Except when of a -34- 219 confidential nature, the supporting documentation will be provided with the written notice to the employee. A written notice delivered to the employee's last known address shall constitute adequate notice. Article 3.18 Street Maintenance Worker Duties Effective October 1, 2000, the City may utilize employees working in the Street Maintenance Worker I/II job classification for the purpose of providing concrete maintenance and installation services. The following limitations shall apply: Employees shall not be required to perform such duties for a period exceeding ten (10) hours during each two-week pay period or be expected to pour more than one (1) yard of concrete each week. Article 3.19 Work Schedules 1. 9/80 Work Schedule - Effective the first pay period in October 2017, employees in this bargaining unit shall operate on a 9/80 work schedule. Employees shall typically be assigned a Monday through Friday 9/80 schedule. The City and ESCEA agree that employees may be assigned into an"A" and`B"team by their respective Department Heads, such that "A" and `B" teams work opposite Fridays and have opposite Fridays off. City shall provide employees with ninety(90) days' notice of a change in their assigned 9/80 schedule. 2. Reduced Workweek Schedule-- Department Heads and the City Manager, in their discretion, may allow employees to work a reduced workweek schedule. The reduced workweek shall be no less than thirty-six (36) hours per week and not less than nine (9) hours per day. The following conditions apply: a. Employees must submit their request in writing to the Department Head. b. Requests will be evaluated to determine if the reduced work schedule poses any service or operational impacts on the Department. c. If approved, requests may be evaluated at any time but not less than annually during the budget cycle to determine if the arrangement can continue. d. Upon written notice, the reduced workweek schedule may be terminated by either party. Advance notice in the form of one pay period will be required. The employee shall then convert to a 4/10 work schedule, consistent with the work hours of employees in that particular work unit. e. Employees working a reduced workweek shall suffer no loss in benefits, to the extent allowed, and will have their pay reduced to reflect the reduction in work hours. f. Reduced work hours "start" and "end" times shall be set by the Department Head or City Manager according to the needs of the department. -35 - 220 Article 3.20 Library Work Schedule 1. In accordance with the FLSA 7(b) exemption for CEA Library employees assigned to work evening and weekend hours based upon the unique staffing needs of the Library, Library employees will not work a traditional 4/10 schedule comprised of four days in a week for 10 hours in a day. Instead, the work schedule for these employees will occur on a rotating basis according to department needs, but the work hours for each employee will amount to two hundred and forty (240) hours worked every three (3) pay periods and will not exceed twelve (12) hours per day or fifty-six (56)hours per work week. 2.FLSA 7(b)exemption for Library Employees-_Partial Exemption to overtime provisions under Section 7(b) of the Fair Labor and Standards Act (29 U.S.C. § 207(b)) applies to CEA employees working in the City Library who must work evening and weekend hours (including the classifications of Senior Library Assistant, Library Assistant, Library Clerk II, and Library Clerk I). In accordance with the 7(b)exemption,employees working in the Library will receive overtime for all hours worked in excess of 12 hours in a day, 56 hours in a work week. Employees working under this exemption may not work in excess of 2,240 hours in a 52-week period. 3. In the event the Library hours of operation are changed during the term of this Agreement, the parties agree to meet and confer for purposes of reviewing the work schedule and making the necessary modifications to ensure the operational needs of the Department are met. Library Administration will not modify the current work schedule until at least 30 days has elapsed from the beginning of meetings with Library employees. Once the 30 day time period has elapsed or sooner if the parties reach an agreement regarding scheduling, the Library Administration may modify the work schedule by providing reasonable advance notice of any changes to employees' work schedules. Article 3.21 Re-Opener The parties agree that during the term of this Agreement,they shall re-open negotiations to discuss modification of the municipal code that covers the personnel merit system and performance evaluation process. Any changes are subject to mutual agreement. Article 3.22 Binding Arbitration A. Civil Claims: Both the City and employees covered by this Memorandum of Understanding agree that the claims described in this Section 3.22.Ashall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act, in conformity with the procedures of the California Arbitration Act("CAA") (Cal. Code Civ. Proc. Sec 1280 et. seq, including section 1283.05 and all of the CAA's other mandatory and permissive rights to discovery). Nothing in this Memorandum of Understanding shall prevent either party from obtaining provisional remedies to the extent permitted by Code of Civil -36- 221 Procedure Section 1281.8 either before the commencement of or during the arbitration process. All rules of pleading, (including the right of demurrer), all rules and judgment under Code of Civil Procedure Section 631.8 shall apply and be observed. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded. 1. The civil claims which are subject to final and binding arbitration shall include,but not be limited to, any and all employment-related claims or controversies, such breach of employment agreement, breach of the covenant of good faith and fair dealing, negligent supervision or hiring, wrongful discharge in violation of public policy, unpaid wages of overtime under the state and federal wage payment laws, breach of privacy claims, intentional or negligent infliction of emotional distress claims, fraud, defamation, and divulgence of trade secrets. This also specifically includes claims that could be asserted under all state and federal anti- discrimination laws, including but not limited to the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964,the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Family and Medical Leave Act, and claims for discrimination and harassment in employment on the basis of race, age, sex, religion, national origin, alienage, religion, marital status, sexual orientation, disability, political activity, or any other statutorily- protected basis. It shall also include any and all claims an employee may have under the Fair Labor Standards Act,the California Labor Code,and the Industrial Welfare Commission Wage Orders, as well as any other state and federal statutes. This Article 3.22 is further intended to apply to any claim Employee(s)may have against the City and/or any of its directors, employees, or agents, and to any and all past and future employment relationships Employee may have with the City regardless of job position or title. City shall also arbitrate all claims it has against the employee under the same rules and regulations set forth herein. 2. Notwithstanding the provisions of this Article, employees covered by this Memorandum of Understanding may elect to file a claim for workers' compensation and unemployment insurance benefits with the appropriate state agencies, and administrative charges with the Equal Employment Opportunity Commission, California Department of Fair Employment and Housing, and any similar state agency. Unless otherwise required by applicable law, all other employment-related claims shall be resolved by final and binding arbitration and not by a jury in a court of law. 3. To the fullest extent permitted by law, employees covered by this Memorandum of Understanding agree that they shall not join or consolidate claims submitted for arbitration pursuant to this Article 3.22.A with those of any other persons, and that no form of class, collective, or representative action shall be maintained without the mutual consent of the parties. Any dispute over the validity, effect, or enforceability of the provisions of this paragraph, including whether the arbitration may proceed as class,collective, or representative action, shall be for a court of law and not an arbitrator to decide. -37- 222 4. The City shall bear the costs of any arbitration conducted pursuant to this Article 3.22.A, including the compensation of the Arbitrator, all administrative expenses, and CSR transcripts. Except as may otherwise be required by law,the parties shall be responsible for their own attorneys' fees and costs incurred in presenting their case to the Arbitrator. The Arbitrator shall render a written award within 30 days after the matter is submitted for determination, and the award of the arbitrator shall be final and binding on the City,the Association and the employee. 5. The arbitration shall be held before a single arbitrator, who shall be an attorney at law and an experienced employment law arbitrator. The arbitrator shall be mutually selected by the parties. The Arbitrator shall have the power to award all legal relief available in a court of law, including any and all damages that may be available for any of the claims asserted. In addition, each of the parties shall retain all defenses that they would have in a judicial proceeding, including defenses based on the expiration of the statute of limitations and that the damages being sought are not authorized or are excessive. B. Appeal of Discipline The Parties understand that employees covered by this Memorandum of Understanding are entitled to disciplinary appeal procedures under the City's Personnel Merit System Administrative Code. Under Administrative Code Section 1-6-8, employees have the right to have the Los Angeles County Civil Service Commission hear appeals from dismissal, demotion, and suspensions for a period of six (6) days or longer. The Parties agree that an employee covered by this Memorandum of Understanding may opt to have these disciplinary actions be submitted to binding and final arbitration. 1. The arbitration shall be held before a single arbitrator,who shall be an experienced labor and employment law arbitrator. The parties shall select an arbitrator from a list of seven arbitrators provided by the State Mediation and Conciliation Service. If the parties are unable to reach an agreement in the selection of a hearing officer,each shall strike names from the list until a final name is selected as the Arbitrator. 2. The City shall pay the costs of the arbitrator and court reporter fees and transcript, if a court reporter is requested by the parties. The parties shall be responsible for their own attorneys' fees and costs incurred in presenting their case to the Arbitrator. 3. Any dispute over the validity, effect, or enforceability of the provisions of this Article 3.22.13, shall be for a court of law and not an arbitrator to decide. 4. Under this Section, 3.23.13,the Arbitrator's authority will be limited to determining: Whether the City has satisfied the seven tests of just cause; and, if not, what is the appropriate remedy. The Arbitrator shall render a written award within 30 days after the matter is submitted for determination, and the award of the arbitrator shall be final and binding on the City, the Association and the employee. The Arbitrator may not increase the level of discipline. 5. At least ten business days before the scheduled arbitration, the parties shall exchange the following information: (i) a list of all witnesses each party intends to -38 - 223 call during its case-in-chief; and (ii) copies of all documents each party intends to introduce during its case-in-chief. C. Contract Interpretation Disputes The Parties agree that any grievance filed under Article 1.13 of this Memorandum of Understanding that is an allegation of a violation,misinterpretation,or misapplication of this MOU, shall be subject to final and binding arbitration. The Association must file a written request for final and binding arbitration within ten(10)days of receipt of the City's response at Level I11. 1. The arbitration shall be held before a single arbitrator,who shall be an experienced labor and employment law arbitrator. The parties shall select an arbitrator from a list of seven arbitrators provided by the State Mediation and Conciliation Service. If the parties are unable to reach an agreement in the selection of a hearing officer,each shall strike names from the list until a final name is selected as the Arbitrator. 2. The City shall pay the costs of the arbitrator and court reporter fees and transcript,if a court reporter is requested by the parties. The parties shall be responsible for their own attorneys' fees and costs incurred in presenting their case to the Arbitrator. 3. Any dispute over the validity, effect, or enforceability of the provisions of this Article 3.23.C, shall be for a court of law and not an arbitrator to decide. 4. The Arbitrator's authority will be limited to interpreting the provisions of the Memorandum of Understanding and the Arbitrator has no authority to add to,subtract from,or modify the Memorandum of Understanding in any way. The Arbitrator shall have the authority to determine questions of arbitrability of contract interpretation disputes. The Arbitrator shall render a written award within 30 days after the matter is submitted for determination, and the award of the arbitrator shall be final and binding on the City, the Association and the employee. 5. At least ten business days before the scheduled arbitration, the parties shall exchange the following information: (i) a list of all witnesses each party intends to call during its case-in-chief; and (ii) copies of all documents each party intends to introduce during its case-in-chief. D. This Article 3.22 is entered into under the California Arbitration Act and the Meyers-Milias- Brown Act, and shall be interpreted and construed in accordance with the law and procedures developed under those respective statutes. -39- 224 Article 3.23—Ad Hoc Lump Sum Payment No later than the second pay period in April 2019, the City shall issue to each employee in the bargaining unit, a one-time ad-hoc lump sum payment of$750. This one-time ad hoc payment is unconnected to performance and shall not be reflected on any City pay or salary schedule, shall not be the basis for any future negotiated salary increases, and shall not be reported as compensation earnable to Ca1PERS. If permissible under IRS regulations, no deductions shall be taken from these payments. The Association agrees that it shall file a dismissal of PERB UPC LA-CE-1226-M no later than April 30, 2019. -40- 225 APPENDIX A BARGAINING UNIT CLASSIFICATIONS CITY MANAGER Community Cable Program Specialist Computer Graphics Designer Senior Network Assistant CLERICAL AND SECRETARIAL Senior Administrative Specialist Administrative Specialist Administrative Technical Specialist(Public Works) Office Specialist II Office Specialist I Records Technician BUILDING SAFETY Senior Building Inspector Building Inspector II Building Inspector I License/Permit Specialist 11 License/Permit Specialist I Office Specialist II ENGINEERING Civil Engineering Assistant Engineering Technician Public Works Inspector EO UIPMENT AND B UILDING MAINTENANCE CLASSIFICATIONS Custodian Equipment Mechanic II Equipment Mechanic I Equipment Service Worker Facilities Systems Mechanic Fire Equipment Mechanic 41 - 226 PLANNING CLASSIFICATIONS Assistant Planner Planning Technician Office Specialist II STREET MAINTENANCE CLASSIFICATIONS Street Maintenance Leadworker Street Maintenance Worker II Street Maintenance Worker I WATERIWASTEWATER CLASSIFICATIONS Water Maintenance Leadworker Meter Reader/Repairer Water Maintenance Worker II Water Maintenance Worker I Wastewater Maintenance Leadworker Wastewater Maintenance Worker II Wastewater Maintenance Worker I FINANCE CLASSIFICATIONS Accounting Technician Accounts Specialist II Accounts Specialist I Revenue Inspector License/Permit Specialist II License/Permit Specialist I Office Specialist II Office Specialist I FIRE CLASSIFICATIONS Fire Prevention Specialist Administrative Specialist LIBRARY SERVICES CLASSIFICATIONS Senior Library Assistant Library Assistant Library Clerk II Library Clerk I -42- 227 RECREA TION AND PARKS CLASSIFICATIONS Recreation Coordinator Maintenance Craftsworker Tree Maintenance Worker Park Maintenance Worker II Park Maintenance Worker I Pool Maintenance Technician Senior Park Maintenance Worker POLICE CLASSIFICATIONS -43- 228 For the City Employees' Association: For the City: Nick Petrevski Greg Carpenter President City Manager Ron Griffin Joe Lillio Vice President Director of Finance/Human Resources Brenna Callero David Serrano Secretary Human Resources Manager Lisa Bruto Treasurer Jaime Amezcua Sergeant-of-Arms Wendell Phillips ESCEA Chief Negotiator Date -44- 229 44- 229 EXHIBIT I SALARY SCHEDULE 230 CITY OF EL SEGUNDO CEA MONTHLY SALARY SCHEDULE Effective-March , 2019 Per Resolution JOB CLASS TITLE I B.U. GRADE STEP A STEP B STEP C 1 STEP D STEP E Accounting Technician CEA 22 4,323.53 4,539.70 4,766.69 5,005.02 5,255.27 Accounts Specialist I CEA 12 3,377.51 3,546.39 3,723.71 3,909.90 4,105.40 Accounts Specialist II CEA 18 3,916.92 4,112.76 4,318.39 1 4,534.31 4,761.02 Administrative Specialist CEA 21 4,218.07 1 4,428.98 4,650.42 4,882.95 5,127.10 Administrative Technical CEA 29 Specialist 1 1 1 5,139.32 1 5,396.29 1 5,666.10 5,949.40 6,246.87 (Assistant Planner (CEA 1 33 1 5,672.84 5,956.49 6,254.31 6,567.03 6,895.38 (Building Inspector I CEA 32 1 5,534.48 5,811.20 6,101.761 6,406.85 1 6,727.20 Building Inspector II CEA 36 6,109.03 6,414.48 1 6,735.20 1 7,071.96 1 7,425.56 (Civil Engineering Assistant CEA! 34 5,814.68 6,105.41 6,410.68 1 6,731.21 7,067.77 Code Compliance Inspector CEA 1 36 6,109.03 1 6,414.48 1 6,735.20 7,071.96 7,425.56 Community Cable Program (CEA 1 32 1 1 Specialist 1 5,534.48 5,811.20 6,101.76 6,406.85 6,727.20 (Computer Graphics (CEA 34 1 Desiqner 5,814.68 6,105.41 6,410.68 1 6,731.21 7,067.77 (Custodian (CEA 11 1 3,295.141 3,459.901 3,632.901 3,814.54 4,005.27 1Economic Development (CEA 1 33 1 Coordinator 5,672.84 5,956.491 6,254.311 6,567.031 6,895.38 1Engineering Technician CEA 1 30 5,267.80 1 5,531.19 1 5,807.76 ' 6,098.14 1 6,403.05 1Equipment Mechanic I 10EA 1 22 1 4,323.53 4,539.70 1 4,766.691 5,005.02 1 5,255.27 1Equipment Mechanic II 10EA 1 27 1 4,891.69 5,136.27 1 5,393.08 1 5,662.73 5,945.86 1Facilities Systems Mechanic 10EA 1 32 51534.48 5,811.20 1 6,101.76 6,406.85 6.727.20 Fire Equipment Mechanic 10EA 30 5,267.80 5,531.19 1 5,807.76 6,098.14 1 6,403.05 1Fire Prevention Specialist 10EA 34 1 5,814.68 1 6,105.41 1 6,410.68 1 6,731.21 7,067.77 LibraryAssistantCEA 1 20 1 4,115.20 1 4,320.96 1 4,537.00 1 4,763.85 5,002.05 Library Clerk I CEA 1 7 1 2,985.23 1 3,134.49 1 3,291.21 1 3,455.78 3,628.57 Library Clerk II 10EA 1 11 1 3,295.14 1 3,459.90 3,632.90 3,814.54 4,005.27 License/Permit Specialist I 10EA 1 17 3,821.36 1 4,012.43 4,213.05 4,423.701 4,644.89 License/Permit Specialist II 10EA 1 22 4,323.53 1 4,539.70 1 4,766.69 5,005.02 1 5,255.27 Maintenance Craftsworker 10EA 1 29 1 5,139.32 1 5,396.29 1 5,666.10 5,949.40 1 6,246.87 Page 1 of 2 231 CITY OF EL SEGUNDO CEA MONTHLY SALARY SCHEDULE Effective-March , 2019 Per Resolution JOB CLASS TITLE B.U. GRADE STEP A STEP B STEP C STEP D STEP E Meter Reader/Repairer CEA 26 4,772.36 5,010.98 5,261.53 5,524.61 5,800.84 Network Assistant CEA 22 4,323.53 4,539.70 4,766.69 5,005.02 5,255.27 Office Specialist I CEA 11 3,295.14 3,459.90 3,632.90 3,814.54 4,005.27 `Office Specialist II CEA 17 3,821.36 4,012.43 4,213.05 4,423.70 4,644.89 1 Park Maintenance Worker I CEA 15 3,637.23 3,819.09 4,010.04 4,210.55 4,421.07 Park Maintenance Worker II CEA 19 4,014.82 4,215.56 4,426.34 4,647.66 4,880.05 Planning Technician CEA 23 4,431.62 4,653.19 4,885.86 5,130.15 5,386.66 Pool Maintenance CEA 25 Technician 4,655.97 4,888.77 5,133.21 5,389.87 5,659.36 Public Works Inspector CEA 22 4,323.53 4,539.70 4,766.69 5,005.02 5,255.27 `Records Technician CEA 23 4,431.62 4,653.19 4,885.86 5,130.15 5,386.66 Recreation Coordinator CEA 25 4,655.97 4,888.77 5,133.21 5.389.87 5,659.36 Revenue Inspector CEA 33 5,672.84 5,956.49 6,254.31 6,567.03 6,895.38 Senior Administrative CEA 25 Specialist 4,655.97 4,888.77 5,133.21 5,389.87 5,659.36 Senior Library Assistant CEA 27 4,891.69 5,136.27 5,393.08 5,662.73 5,945.86 Senior Network Assistant CEA 26 4,772.36 5,010.98 5,261.53 5,524.61 5,800.84 Street Maintenance CEA 28 Leadworker 5,013.97 5,264.67 5,527.90 5,804.29 6,094.51 Street Maintenance Worker I CEA 15 3.637.23 3,819.09 4,010.04 4,210.55 4,421.07 Street Maintenance Worker CEA 19 II 4,014.82 4,215.56 4,426.34 4,647.66 4,880.05 (Tree Maintenance Worker CEA 22 4,323.53 4,539.70 4,766.69 5,005.02 5,255.27 Wastewater Maintenance CEA 28 Leadworker 5,013.97 5,264.67 5,527.90 5,804.29 6,094.51 Wastewater Maintenance CEA 18 Worker 1 3,916.92 4,112.76 4;318.39 4,534.31 4,761.02 Wastewater Maintenance CEA 22 Worker II 4,323.53 4,539.70 4,766.69 5,005.02 5.255.27 Page 2 of 2 232 CITY OF EL SEGUNDO CEA MONTHLY SALARY SCHEDULE Effective-October 1, 2019 Per Resolution JOB CLASS TITLE B.U. GRADE STEP A STEP B STEP C STEP D STEP E Accounting Technician CEA 22 4,453.23 4,675.89 4,909.69 5,155.17 5,412.93 Accounts Specialist I CEA 12 13,478.83 3,652.78 13,835.42 4,027.19 4,228.56 Accounts Specialist II CEA I 18 14,034.42 4,236.14 14,447.94 4,670.34 14,903.85 (Administrative Specialist CEA I 21 4,344.61 4,561.85 14,789.941 5,029.43 5,280.91 Administrative Technical (CEA I 29 I 1 Specialist 5,293.50 5,558.18 5,836.08 6,127.89 6,434.28 Assistant Planner (CEA 33 15,843.03 6,135.18 16,441.94 16,764.04 17,102.24 (Building Inspector I CEA 32 5,700.51 5,985.54 1 6,284.81 16,599.06 16,929.01 Building Inspector II CEA, 36 6,292.30 6,606.91 16,937.26 17,284.12 17,648.33 Civil Engineering Assistant CEA I 34 5,989.12 6,288.57 f 6,603.00 6,933.15 7,279.80 Code Compliance Inspector (CEA 36 16,292.30 6,606.91 16,937.26 17,284.12 7,648.33 Community Cable Program (CEA 32 I Specialist 5.700.51 5,985.54 6,284.81 6,599.06 6,929.01 Computer Graphics 10EA 34 I Desiclner I 5,989.12 6,288.57 6,603.00 6,933.15 7,279.80 Custodian (CEA 11 3,393.99 13,563.70 13,741.88 1 3,928.98 4,125.42 Economic Development I CEA 33 I I Coordinator 5,843.03 6,135.18 6,441.94 6,764.04 7,102.24 (Engineering Technician (CEA 30 ! 5,425.84 15,697.13 5,981.99 6,281.09 16,595.14 (Equipment Mechanic I (CEA I 22 4,453.23 14,675.89 14,909.69 5,155.17 15,412.93 +Equipment Mechanic II CEA I 27 15,038.44 5,290.36 ' 5,554.871 5,832.61 6,124.24 Facilities Systems Mechanic CEA I 32 15,700.51 5,985.54 16,284.81 6,599.06 61929.01 Fire Equipment Mechanic CEA I 30 i 5,425.84 15,697.13 ( 5,981.99 16,281.09 6,595.14 Fire Prevention Specialist CEA 34 15,989.12 16,288.57 6,603.00 6,933.15 6,933.15 7,279.80 Library Assistant CEA 20 14,238.65 4,450.59 4,673.11 4,906.77 5,152.11 Library Clerk I CEA 7 3,074.78 3,228.52 13,389.95 3,559.45 3,737.43 JLibrary Clerk II CEA 11 3,393.99 3,563.70 1 3,741.88 3,928.98 4,125.42 (License/Permit Specialist I 10EA I 17 3,936.00 4,132.80 4,339.44 4,556.41 4,784.24 (License/Permit Specialist II (CEA 22 4,453.23 14,675.89 4,909.69 5,155.17 5,412.93 Maintenance Craftsworker (CEA I 29 5,293.50 15,558.18 5,836.08 6,127.89 16,434.28 Page 1 of 2 233 CITY OF EL SEGUNDO CEA MONTHLY SALARY SCHEDULE Effective-October 1, 2019 Per Resolution JOB CLASS TITLE B.u. GRADE STEP A STEP B STEP C STEP D STEP E Meter Reader/Repairer CEA 26 4,915.53 5,161.31 5,419.38 5,690.35 5,974.87 NetworkAssistantCEA 22 4,453.23 4,675.891 4,909.69 5,155.17 5,412.93 1Office Specialist I CEA 11 3,393.99 3,563.701 3,741.881 3,928.98 4,125.42 1Office Specialist II 10EA 17 1 3,936.001 4,132.801 4,339.44 4,556.41 4,784.24 1Park Maintenance Worker I CEA 1 15 3,746.35 1 3,933.66 1 4,130.34 4,336.86 1 4,553.70 1Park Maintenance Worker II CEA 1 19 41135.27 1 4,342.03 4,559.13 1 4,787.09 1 5,026.45 Planning Technician CEA 23 4,564.571 4,792.79 5,032.43 1 5,284.05 5.548.26 (Pool Maintenance CEA 25 Technician 4,795.64 5,035.431 5,287.201 5,551.56 5,829.14 1Public Works Inspector CEA 1 22 4,453.23 4,675.89 1 4,909.69 1 5,155.17 1 5,412.93 1Records Technician 10EA 1 23 4,564.57 4,792.79 5,032.43 5,284.05 1 5,548.26 Recreation Coordinator CEA 1 25 1 4,795.64 5,035.43 5,287.20 5,551.56 1 5,829.14 Revenue Inspector CEA 1 33 1 5,843.03 1 6,135.18 1 6,441.94 1 6,764.04 1 7,102.24 f Senior Administrative CEA 25 5 1 1 1 (Specialist 4,795.64 5,035.43 5,287.20 ,551.56 5,829.14 1Senior Library Assistant CEA 27 1 5,038.44 5,290.36 5,554.871 5,832.611 6,124.24 1Senior Network Assistant CEA 1 26 4,915.53 1 5,161.31 1 5,419.38 1 5,690.35 1 5,974.87 Street Maintenance CEA 1 28 1 1 1 Leadworker 5,164.39 5,422.61 5,693.74 5,978.42 6,277.34 Street Maintenance Worker 110EA 1 15 3,746.35 1 3,933.66 1 4,130.34 1 4,336.86 1 4,553.70 1Street Maintenance Worker 11 10EA 19 4,135.27 4,342.03 4,559.131 4,787.091 5,026.45 1Tree Maintenance Worker 10EA 22 4,453.23 4,675.89 4,909.69 1 5,155.17 1 5,412.93 IWastewater Maintenance CEA 28 I-eadworker 1 1 5,164.39 5,422.611 5,693.74 5,978.421 6,277.34 IWastewater Maintenance Worker 1 10EA 1 18 4,034.42 4,236.14 1 4,447.94 4,670.34 1 4,903.85 Wastewater Maintenance CEA22 Worker II 1 1 4,453.231 4,675.89 1 4,909.69 1 5,155.17 1 5,412.93 Page 2of2 234 CITY OF EL SEGUNDO CEA MONTHLY SALARY SCHEDULE Effective October 1, 2020 Per Resolution f JOB CLASS TITLE B.U. GRADE I STEP A STEP B STEP C STEP D STEP E (Accounting Technician CEA 22 4,542.30 4,769.41 5,007.88 5,258.28 5,521.19 (Accounts Specialist I CEA 12 3,548.41 3,725.83 3,912.13 4,107.74 4,313.13 (Accounts Specialist II CEA 18 1 4,115.11 1 4,320.86 4,536.90 4,763.74 5,001.93 (Administrative Specialist (CEA 21 1 4,431.50 1 4,653.08 4,885.73 5,130.02 5,386.53 fAdministrative Technical CEA 29 (Specialist 5,399.371 5,669.341 5,952.801 6,250.44 6,562.97 1Assistant Planner 10EA 33 5,959.89 1 6,257.88 1 6,570.78 1 6,899.32 1 7,244.29 1Building Inspector 1 10EA 32 1 5,814.52 1 6,105.25 6,410.51 6,731.041 7,067.59 1Building Inspector II 10EA 1 36 1 6,418.141 6,739.05 7,076.00 7,429.801 7,801.30 Civil Engineering Assistant 10EA 1 34 6,108.90 1 6,414.34 1 6,735.06 7,071.81 1 7,425.40 1Code Compliance Inspector 10EA 36 6,418.14 6,739.05 1 7,076.00 7,429.80 1 7,801.30 Community Cable Program CEA 32 1 Specialist 5,814.52 6,105.25 6,410.51 6,731.04 7,067.59 1Computer Graphics Designer CEA 1 34 1 6,108.90 6,414.34 6,735.06 7,071.81 7,425.40 1Custodian 10EA 1 11 3,461.87 3,634.97 3,816.72 1 4,007.55 4,207.93 Economic Development 10EA 1 33 1 Coordinator 5,959.89 6,257.88 6,570.78 6,899.32 7,244.29 Engineering Technician CEA 1 30 5,534.35 5,811.07 6,101.63 6,406.71 6,727.05 Equipment Mechanic I CEA 22 4,542.30 1 4,769.41 5,007.88 5,258.28 5,521.19 Equipment Mechanic II CEA 27 1 5,139.21 1 5,396.16 " 5,665.97 5,949.261 6.246.72 Facilities Systems Mechanic CEA 32 5,814.52 1 6,105.25 6,410.51 6,731.041 7,067.59 Fire Equipment Mechanic CEA 1 30 5,534.35 5,811.071 6,101.63 1 6,406.71 1 6,727.05 Fire Prevention Specialist 10EA 1 34 6,108.90 6,414.34 1 6,735.06 1 7,071.81 1 7,425.40 Library Assistant 10EA 20 4,323.43 4,539.60 4,766.58 5,004.911 5,255.15 Library Clerk I CEA 7 1 3,136.28 3,293.10 3,457.75 3,630.64 1 3,812.18 Library Clerk II CEA 1 11 1 3,461.87 3,634.97 3,816.72 4,007.55 4,207.93 1License/Permit Specialist I 10EA 17 1 4,014.72 4,215.45 4,426.23 4,647.54 4,879.92 1License/Permit Specialist II 10EA 22 1 4,542.30 1 4,769.41 1 5,007.88 1 5,258.28 5,521.19 1Maintenance Craftsworker 10EA 1 29 1 5,399.37 1 5,669.34 1 5,952.80 1 6,250.44 6,562.97 Page 1 of 2 235 CITY OF EL SEGUNDO CEA MONTHLY SALARY SCHEDULE Effective October 1, 2020 Per Resolution JOB CLASS TITLE I B.U. GRADE STEP A STEP B STEP C STEP D STEP E (Meter Reader/Repairer (CEA 26 5,013.84 5,264.54 5,527.77 5,804.16 6,094.37 Network Assistant (CEA 22 4,542.30 4,769.41 5,007.88 5,258.28 5,521.19 Office Specialist I +CEA 11 3,461.87 3,634.97 3,816.72 4,007.55 4,207.93 Office Specialist II (CEA I 17 4,014.72 14,215.45 ` 4,426.23 14,647.54 14,879.92 (Park Maintenance Worker I (CEA I 15 13,821.27 14,012.33 14,212.95 4,423.60 14,644.77 `Park Maintenance Worker II `CEA 19 4,217.97 14,428.87 14,650.32 4,882.83 5,126.98 (Planning Technician (CEA 23 14,655.86 4,888.65 15,133.08 15,389.73 5,659.22 (Pool Maintenance Technician CEA 25 4,891.56 5,136.14 15,392.95 15,662.60 5,945.72 (Public Works Inspector CEA 22 4,542.30 14,769.41 5,007.88 15,258.28 5,521.19 Records Technician (CEA 23 14,655.86 4,888.65 15,133.08 5,389.73 5,659.22 Recreation Coordinator (CEA 25 4,891.56 15,136.14 5,392.95 5,662.60 5,945.72 (Revenue Inspector CEA 33 15,959.89 6,257.88 6,570.78 16,899.32 7,244.29 SeniorAdministrativeSpecialist (CEA 25 i 4,891.56 5,136.14 5,392.95 5,662.60 J 5,945.72 Senior Library Assistant (CEA 27 15,139.21 5,396.16 15,665.97 5,949.26 l 6,246.72 Senior Network Assistant CEA 26 15,013.84 5,264.54 5,527.77 5,804.16 f 6,094.37 Street Maintenance Leadworker (CEA 28 f 5,267.67 5,531.06 5,807.61 16,097.99 6,402.89 Street Maintenance Worker I (CEA 15 3,821.27 4,012.33 14,212.95 4,423.60 i 4,644.77 (Street Maintenance Worker II (CEA 19 4,217.97 4,428.87 14,650.32 4,882.83 5,126.98 Tree Maintenance Worker (CEA 22 4,542.30 4,769.41 15,007.88 15,258.28 5,521.19 Wastewater Maintenance Leadworker (CEA J 28 15,267.67 i 5,531.06 5,807.61 f 6,097.99 16,402.89 (Wastewater Maintenance Worker 1 (CEA 18 4,115.11 14,320.86 4,536.90 14,763.74 15,001.93 Wastewater Maintenance CEA 22 Worker II I 4,542.30 4,769.41 5,007.88 15,258.28 15,521.19 Page 2 of 2 236 CITY,OF EL SEGUNDO CEA MONTHLY SALARY SCHEDULE Effective-October 1, 2021 Per Resolution JOB CLASS TITLE B.U. GRADE STEP A STEP B STEP C STEP D STEP E Accounting Technician CEA 22 4,633.14 4,864.80 5,108.04 5,363.44 5,631.61 Accounts Specialist I CEA 12 3,619.38 3,800.35 3,990.37 4,189.89 4,399.39 Accounts Specialist II CEA 18 4,197.42 4,407.28 4,627.64 4,859.02 5,101.96 Administrative Specialist CEA 21 4,520.13 4,746.14 4,983.45 5,232.62 5,494.26 Administrative Technical CEA 29 Specialist 5,507.35 5,782.73 6,071.86 6,375.45 6,694.23 (Assistant Planner CEA 33 6,079.08 6,383.04 6,702.19 7,037.31 7,389.17 'Building Inspector I CEA 32 5,930.81 6,227.35 6,538.72 6,865.66 7,208.95 Building Inspector II CEA 36 6,546.51 6,873.83 7,217.52 7,578.40 7,957.32 (Civil Engineering Assistant CEA 34 6,231.08 6,542.63 6,869.76 7,213.24 7,573.90 Code Compliance Inspector CEA 36 6,546.51 6,873.83 7,217.52 7,578.40 7,957.32 Community Cable Program CEA 32 (Specialist 5,930.81 6,227.35 6,538.72 6,865.66 7,208.95 (Computer Graphics Designer CEA 34 6,231.08 6,542.63 6,869.76 7,213.24 7,573.90 Custodian CEA 11 3,531.11 3,707.67 3,893.06 4,087.71 4,292.09 Economic Development CEA 33 Coordinator 6,079.08 6,383.04 6,702.19 7,037.31 7,389.17 Engineering Technician CEA 30 5,645.04 5,927.29 6,223.66 6,534.84 6,861.59 1Equipment Mechanic I CEA 22 4,633.14 4,864.80 5,108.04 5,363.44 5,631.61 `Equipment Mechanic II CEA 27 5,241.99 5,504.09 5,779.29 6,068.25 6,371.66 Facilities Systems Mechanic CEA 32 5,930.81 6,227.35 6,538.72 6.865.66 7,208.95 Fire Equipment Mechanic CEA 30 5,645.04 5,927.29 6,223.66 6,534.84 6,861.59 Fire Prevention Specialist CEA 34 6,231.08 6,542.63 6,869.76 7,213.24 7,573.90 Library Assistant CEA 20 4,409.90 4,630.39 4,861.91 5,105.00 5,360.25 (Library Clerk I CEA 7 3,199.00 3,358.96 3,526.90 3.703.25 3,888.42 Library Clerk II CEA 11 3,531.11 3,707.67 3,893.06 4,087.71 4,292.09 License/Permit Specialist I CEA 17 4,095.01 4,299.76 4,514.76 4,740.49 4,977.52 `License/Permit Specialist II CEA 22 4,633.14 4,864.80 5,108.04 5,363.44 5,631.61 kMaintenance Craftsworker CEA 29 5,507.35 5,782.73 6,071.86 6,375.45 6,694.23 Page 1 of 2 237 CITY OF EL SEGUNDO CEA MONTHLY SALARY SCHEDULE Effective-October 1, 2021 Per Resolution JOB CLASS TITLE B.U. I GRADE STEP A STEP B STEP C STEP D STEP E Meter Reader/Repairer CEA 26 5,114.12 5,369.83 5,638.32 5,920.24 6,216.25 (Network Assistant CEA 22 4,633.14 4,864.80 5,108.04 5,363.44 5,631.61 (Office Specialist I CEA 11 3,531.11 3,707.67 3,893.06 4,087.71 4,292.09 (Office Specialist II CEA 17 4,095.01 4,299.76 4,514.76 4,740.49 4,977.52 Park Maintenance Worker I I CEA 15 3,897.70 4.092.58 14,297.21 4,512.07 4,737.67 Park Maintenance Worker II CEA 19 14,302.33 4,517.45 4,743.32 14,980.49 15,229.52 (Planning Technician (CEA I 23 14,748.98 4,986.42 5,235.74 15,497.53 15,772.41 IPool Maintenance Technician CEA 25 14,989.391 5,238.861 5,500.81 f 5,775.851 6,064.64 (Public Works Inspector CEA 22 1 4,633.14 14,864.80 5,108.04 5,363.44 5,363.44 5,631.61 `Records Technician CEA 23 14,748.98 1 4,986.42 5,235.74 15,497.53 5,772.41 (Recreation Coordinator (CEA 25 14,989.39 15,238.86 5,500.81 15,775.85 16,064.64 Revenue Inspector f CEA 33 16,079.08 6,383.04 l 6,702.19 17,037.31 17.389.17 Senior Administrative Specialist CEA I 25 14,989.39 5,238.86 15,500.81 5,775.85 6,064.64 Senior Library Assistant CEA 27 15,241.99 5,504.09 15,779.29 16,068.25 6,371.66 Senior Network Assistant CEA 26 5,114.12 5,369.83 5,638.32 5,920.24 16,216.25 Street Maintenance Leadworker (CEA 28 5,373.03 5,641.68 5,923.76 16,219.95 16,530.95 Street Maintenance Worker I (CEA 15 3,897.70 14,092.58 4,297.21 14,512.07 14,737.67 Street Maintenance Worker II CEA 19 4,302.33 l 4,517.45 4,743.32 4,980.49 15,229.52 Tree Maintenance Worker CEA 22 4,633.14 4,864.80 15,108.04 5,363.44 15,631.61 Wastewater Maintenance Leadworker (CEA 28 5,373.03 5,641,68 15,923.76 6,219.95 16,530.95 Wastewater Maintenance Worker 1 (CEA I 18 4,197.42 4,407,28 4,627.64 4,859.02 5,101.96 Wastewater Maintenance I CEA I 22 Worker II I 4,633.14 4,864.80 5,108.04 1 5,363.441 5,631.61 Page 2 of 2 238 CITY OF EL SEGUNDO CEA MONTHLY SALARY SCHEDULE Effectitve-October 2, 2022 Per Resolution JOB CLASS TITLE B.U. GRADE STEP A STEP B STEP C STEP D STEP E Accounting Technician CEA 22 4,725.81 4,962.09 5,210.20 5,470.71 5,744.25 Accounts Specialist I CEA 12 3,691.77 3,876.36 4,070.18 4,273.69 14,487.38 Accounts Specialist II CEA 18 4,281.36 , 4,495.43 14,720.19 4,956.20 15,204.00 Administrative Specialist CEA, 21 14,610.54 14,841.07 15,083.12 5,337.27 15,604.14 Administrative Technical CEA I 29 I Specialist 5,617.50 5,898.38 6,193.30 6,502.96 6,828.11 Assistant Planner CEA I 33 r 6,200.67 6,510.70 6,836.24 7,178.05 7,536.95 Building Inspector I CEA I 32 16,049.43 16,351.90 6,669.49 17,002.97 7,353.12 Building Inspector II ICEA 36 6,677.44 17,011.31 17,361.87 7,729.97 8,116.47 Civil Engineering Assistant ICEA 34 6,355.70 6,673.48 7,007.16 7,357.51 17,725.38 Code Compliance Inspector ICEA I 36 16,677.44 7,011.31 7,361.87 17,729.97 8,116.47 Community Cable Program ICEA I 32 I I Specialist 6,049.43 6,351.90 6,669.491 7,002.97 7,353.12 Computer Graphics Designer ICEA I 34 6,355.70 6,673.48 17,007.16 17,357.51 17,725.38 Custodian ICEA I 11 13,601.73 13,781.82 13,970.92 14,169.46 f 4,377.93 Economic Development ICEA I 33 I I Coordinator 6,200.67 6,510.70 6,836.24 7,178.05 7,536.95 Engineering Technician ICEA I 30 15,757.94 6,045.84 6,348.14 6,665.54 16,998.82 Equipment Mechanic I CEA 22 14,725.81 4,962.09 15,210.20 15,470.71 15,744.25 Equipment Mechanic II CEA 27 15,346.83 15,614.17 5,894.87 16,189.61 6,499.09 Facilities Systems Mechanic I CEA 32 6,049.43 16,351.90 6,669.49 17,002.97 7,353.12 Fire Equipment Mechanic ICEA 30 5,757.94 16,045.84 16,348.14 6,665.54 16,998.82 Fire Prevention Specialist ICEA 34 16,355.70 16,673.48 17,007.16 17,357.51 f 7,725.38 Library Assistant ICEA 20 14 498.09 14,723.00 4,959.15 5,207.10 15,467.46 Library Clerk I ICEA 7 13,262.98 13,426.14 3,597.44 3,777.32 3,966.19 Library Clerk 11 ICEA 11 13,601.73 13,781.82 13,970.92 4,169.46 4,377.93 License/Permit Specialist I ICEA I 17 4,176.91 4,385.76 14,605.05 4,835.30 5,077.07 License/Permit Specialist II ICEA I 22 4,725.81 4,962.09 15,210.20 5,470.71 5,744.25 Maintenance Craftsworker ICEA I 29 15,617.50 15,898.38 16,193.30 6,502.96 16,828.11 Page 1 of 2 239 CITY OF EL SEGUNDO CEA MONTHLY SALARY SCHEDULE Effectitve-October 2, 2022 Per Resolution Meter Reader/Repairer CEA 26 5,216.40 5,477.22 5,751.09 6,038.65 6,340.58 Network Assistant CEA 22 4,725.81 4,962.09 5,210.20 5,470.71 5,744.25 Office Specialist I CEA 11 3,601.73 3,781.82 3,970.92 4,169.46 4,377.93 Office Specialist II CEA 1 17 ` 4,176.91 1 4,385.76 1 4,605.05 4,835.30 1 5,077.07 Park Maintenance Worker I ICEA 1 15 1 3,975.65 1 4,174.43 1 4,383.15 4,602.31 1 4,832.42 Park Maintenance Worker II ICEA 19 4,388.38 4,607.80 4,838.19 5,080.10 5,334.11 Planning Technician ICEA 1 23 4,843.96 5,086.15 1 5,340.46 1 5,607.48 5,887.86 Pool Maintenance Technician ICEA 25 1 5,089.18 5,343.64 5,610.82 } 5,891.36 6,185.93 Public Works Inspector ICEA 22 14,725.81 4,962.09 5,210.20 15,470.71 5,744.25 Records Technician CEA 23 4,843.96 5,086.15 1 5,340.46 1 5,607.48 1 5,887.86 Recreation Coordinator CEA 25 5,089.18 5,343.64 1 5,610.82 1 5,891.36 6,185.93 Revenue Inspector CEA 33 1 6,200.67 1 6,510.70 6,836.24 1 7,178.05 17,536.95 Senior Administrative Specialist ICEA 25 1 5,089.18 1 5,343.64 5,610.82 1 5,891.36 6,185.93 Senior Library Assistant ICEA 27 5,346.831 5,614.17 5,894.871 6,189.611 6,499.09 Senior Network Assistant I CEA 26 5,216.40 1 5,477.22 5,751.09 1 6,038.65 6,340.58 Street Maintenance Leadworker CEA 28 5,480.49 5,754.51 6,042.24 6,344.35 6,661.56 Street Maintenance Worker I CEA 15 3,975.65 4,174.43 4,383.15 4,602.31 1 4,832.42 Street Maintenance Worker II CEA 1 19 1 4,388.38 1 4,607.80 4,838.19 5,080.10 5.334.11 Tree Maintenance Worker CEA 1 22 4,725.81 1 4,962.09 5,210.20 5,470.71 5,744.25 Wastewater Maintenance Leadworker CEA 28 5,480.49 5,754.51 6,042.241 6,344.351 6,661.56 Wastewater Maintenance Worker 1 CEA 18 1 4,281.36 4,495.43 1 4,720.19 1 4,956.20 1 5.204.00 Wastewater Maintenance CEA 22 Worker II 1 1 1 4,725.81 1 4,962.09 1 5,210.20 1 5,470.71 1 5,744.25 Page 2 of 2 240 RESOLUTION NO. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA AND THE EL SEGUNDO CITY EMPLOYEES' ASSOCIATION BARGAINING UNIT The City Council of the City of EI Segundo does hereby resolve as follows: Section 1: Discussions have taken place in the meet and confer process have resulted in a mutually agreeable Memorandum of Understanding between the City of EI 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 EI 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 minutes of this meeting. Section 4: This Resolution will become effective immediately upon adoption and PASSED AND ADOPTED this day o f 2018. Drew Boyles, Mayor 241 RESOLUTION NO. FIXING THE EMPLOYER CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION WHEREAS, (1) City of EI Segundo is a contracting agency under Government Code Section 22920 and subject to the Public Employees' Medical and Hospital Care Act(the "Act") for participation by members of 001 City Employees Association and WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency subject to Act shall fix the amount of the employer contribution by resolution; and WHEREAS, (3) Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and RESOLVED, (a) That the employer contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of$1,500.00 per month, plus administrative fees and Contingency Reserve Fund assessments; and be it further RESOLVED, (b) City of EI Segundo has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above; and be it further RESOLVED, (c) That the participation of the employees and annuitants of City of EI Segundo shall be subject to determination of its status as an "agency or instrumentality of the state or political subdivision of a State"that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that City of EI Segundo would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer. RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint and direct, the City Clerk to file with the Board a verified copy of this resolution, and to perform on behalf of City of EI Segundo all functions required of it under the Act. Adopted at a regular meeting of the EI Segundo City Council at EI Segundo,CA,this 19th day of March, 2019. Signed: Drew Boyles, Mayor Attest: Tracy Weaver, City Clerk CHANGE—BY GROUP,EQUAL, 1 FIXED(REV. 1/2018) 242 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF EL SEGUNDO AND EL SEGUNDO CITY EMPLOYEES ASSOCIATION ARTICLE 1 -GENERAL PROVISIONS Article 1.01 Preamble This Memorandum of Understanding (hereinafter"MOU" or "Agreement") is made and entered into between the EL SEGUNDO CITY EMPLOYEES'ASSOCIATION, hereinafter referred to as ;.L"Associationn,, and the management representatives of the El Segundo City Council, hereinafter referred to as the "City", pursuant to the California Government Code Section 3500 et. seq. Article 1.02 Conclusions and Term of Agreement The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and the benefits contained herein are given in consideration for the various provisions contained herein which may be a change in the prior employment practices of the City. Further, it is mutually agreed that this MOU shall commence on Oeteber 1,2 March 20. 2019 and be effective through and including September 30,E 201 a lith �� of ai.1,z►dirg*e ScFtarl3rr. 30, 2011 cdetj 5, I-- Am u?;, icn. The Asoociaticr Nail City of ita-ddean•r.•hi.1rx:r. "1 10 taxied i& ag eomonl ne NO-.than K laroh M,2013. This MOU contains all of the covenants, stipulations and provisions agreed upon by the parties relating to employee wages, hours and other terms and conditions of employment. Therefore, for the life of this agreement, neither party shall be compelled to meet and confer with the other concerning any mandatory meet and confer issue which is covered by this Agreement. Except as set forth above, nothing herein shall be construed as a waiver of the parties' rights to negotiate matters within the scope of bargaining. Notwithstanding any provisions of this MOU,the City can meet and consult with the Association on the City's Personnel Rules and Regulations which are within the scope of representation Article 1.03 Implementation of Agreement This MOU shall be jointly presented to the El Segundo City Council for implementation along with all the ordinances, resolutions and such other additional actions as may be necessary to implement the provisions of this MOU. If the City Council fails to adopt the necessary ordinances and resolutions to implement the provisions of this MOU, the parties agree to meet and confer. 006297.00010 - - 22877343.1 243 Article 1.04 Recognition The City hereby confirms its recognition of the Association as the exclusive representative of employees in the general employees representation unit, and agrees to meet and confer with the Association on all matters relating to the scope of representation pertaining to the said employees as authorized by the law. The appropriate unit represented by the Association is generally described as all full time permanent and part-time permanent non-safety employees in the City's "classified service," except Police Assistant I/II, Police Service Officer I/11, Crime Scene Inveslip_Ator I/1I. and those classes defined as management/confidential or supervisory/professional. This recognition of the Association shall not be subject to challenge except as provided under the provisions of the City's Employer-Employee Organization Relations Resolution #3208. [This list of classes within the bargaining unit is attached to this MOU as Appendix A.] Article 1.05 Management Rights Except as limited by the specific and express terms of this MOU, the City hereby retains and reserves unto itself all rights, powers, authority, duties and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California and/or United States of America. The management and direction of the work force of the City is vested exclusively in the City and nothing in this MOU is intended to circumscribe or modify the existing rights of the City to direct the work of its employees; hire, promote, demote, transfer, assign and retain employees in positions within the City, subject to the rules and regulations of the City, discipline employees for proper cause; maintain the efficiency of governmental operations; relieve employees from duties because of lack of work; take action as may be necessary to carry out the City's mission and services in emergencies; and to determine the methods, means and personnel by which the operations are to be carried out, including the right to contract or subcontract any services performed by the City and require overtime work by City employees. Article 1.06 Association Membership The City agrees to: 1. Provide official dues deductions for all employees who subscribe to Association membership; 2. Provide official payroll deductions for approved Association insurance and welfare plans, not to exceed five programs; 3. Provide the Association with a list of newly hired employees in the representation unit monthly. Article 1.07 Organizational Security U'pan apprcval of this Agrwm&-k ✓,/ :hc J Segiw4a ✓.y C�nm2?1, 211A11 unit employees who voluntarily became members of the Association and those unit employees who voluntarily 006297.00010 -2- 22877343.1 2-22877343.1 244 become members of the Association during the term of this agreement shall remain members until the expiration of the agreement.Notwithstanding the above, employees may terminate their Association membership within forty-five (45) calendar days prior to the agreement expiration date. if3ctiva Iu� 12, 2091, r. i�tWr 3Cilgrocr-now `•ch-, N tFA J `ugu Gf�' am �,coc Aoaot�-_�iDn --lid :fit. Cil, of li i Sr-W\-�Jc rfStOirt-, nr�moaa'ic�n of Azg=ay Shcil Fmvi:)�axa v,-m Iri; rapw-_ntatie--.z of:ho City wA ti'w I==,ation. Tlat Lm,tw of A r",vncm i s h7nky inca>pz\-aOd "y r3,'1Q,\-onX i71/4 tl-s !'grocrnsc\iI, The Association shall indemnify, defend and hold the City harmless against any liability arising from any claims, demands, or other action relating to the City's compliance with tltc agrnc; f1. iR31VAi.11; OHM to tha Aov�a�ion'c�av of urAtc thm MvWc�ns- this Article. The City reserves the right to select and direct legal counsel in the case of any challenge to the City's compliance with this Article, and the Association agrees to pay any attorney, arbitrator or court fees related thereto. Article 1.08 Savings If any provision or the application of any provision of this MOU as implemented should be rendered or declared invalid by a final court action or decree or preemptive legislation, the remaining sections of this MOU shall remain in full force and effect for the duration of said MOU. Article 1.09 No-Strike The Association agrees that during the term of this MOU their members employed by the City of El Segundo will not strike, or engage in any work stoppage or slow down, engage in a concerted failure to report for duty, or fail to perform their duties in whole or in part for the purposes of inducing, influencing or coercing a change in conditions, or compensation, or the rights privileges or obligations of employment. The Association also agrees that their members employed by the City of El Segundo will not refuse to cross a picket line in the performance of their normal and customary duties nor attempt to influence, either directly, or indirectly, the employees to honor an existing picket line in the performance of their normal and customary duties as employees. Article 1.10 Non-Discrimination The Association and the City recognize and agree to protect the rights of all employees to join and/or participate in protected Association activities or to refrain from joining or participating in protected activities in accordance with Government Code Sections 3550 and 3511. The City and the Association agree that they shall not illegally discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations and shall act affirmatively to accomplish equal employment opportunities for all employees. The City and the Association shall reopen any provision of this Agreement for the purpose of complying with any final order of the Federal or State agency or court of competent 006297.00010 -3- 22877343.1 3-22877343.1 245 jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with State or Federal anti-discrimination laws. Article 1.11 Steward's Time Upon timely request and for suitable reasons, the City Manager or dexianee may authorize release of the Association President or his/her authorized representative from normal duties to assist in personnel matters involving Association members and for which union renresenWion is allowable by law. The Association President or his/her authorized representative shall inform their immediate Supervisor. withAts_muGF-advance notice as possible. ofannrovai to engage I Such matters dj)rjo work hopr_gxn�ns��re minimal over tional impact. Article 1.12 Association Administrative Time Association officers and board members will be allowed up to a total of 72 hours as a group per year of administrative leave to attend Association and labor relations seminars. All or part of these hours may be used for other conferences or seminars with the approval of the City Manager. Article 1.13 Grievance Procedure The Association may grieve on behalf of an individual, group of employees or the Association as a whole. 1. DEFINITION OF TERMS A. Grievance -A grievance is an allegation of a violation, misinterpretation or misapplication of a specific written departmental or agency rule or regulation or a specific provision of this MOU. A grievance is distinct from an appeal of discipline which is covered by the Personnel Rules and Regulations (Rule 15 and 16). B. Grievant - A grievant is an employee or group of employees adversely affected by an act of omission of the agency. b. Steps within the Grievance Procedures will be completed within(10)ten working days. C. Day -A day is a working day. D. Immediate Supervisor-The first level supervisor of the grievant. 2. TIME LIMITS A. Compliance and Flexibility - With the written consent of both parties, the time limitation for any step may be extended or shortened. B. Calculation of Time Limits- Time limits for the appeal provided at each level shall begin the day following receipt of a written decision or appeal by the parties. 006297.00010 -4- 22877343.1 4-22877343.1 246 C. Failure to Meet Timeliness - Failure at any level of this procedure to communicate the decision on a grievance by the City within the specified time limits shall permit lodging an appeal at the next level of the procedure within the time allotted had the decision been given. If the grievance is not processed by the grievant or grievant in accordance with the time limits,the decision last made by the City shall be deemed final. 3. PROCEDURE Grievances will be processed following the procedures set forth below. A. Level I - Within ten (10) days of the date the employee reasonably knew or should have known of the incident giving rise to the grievance,the employee should make an effort to resolve the grievance with the employee's immediate supervisor. The supervisor shall hold discussions and attempt to resolve the grievance within ten(10)days. B. Level 11 - In the event such efforts do not produce a mutually satisfactory resolution, the employee or employees aggrieved must reduce their grievance to writing and file it with the immediate supervisor. Under no circumstances shall the formal written grievance be filed more than ten(10)days from the date the employee knew or should have known of the incident giving rise to the grievance. Procedure for Filing a Grievance In filing a grievance,the employee should set forth the following information: a. The specific section of the Memorandum of Understanding, departmental or agency rules or regulations allegedly violated,misinterpreted or misapplied. b. The specific act or omission which gave rise to the alleged violation, misinterpretation or misapplication. c. The date or dates on which the violation, misinterpretation or misapplication occurred. d. What documents, witnesses or other evidence supports the grievant's position. e. The remedy requested. C. Level III - If the grievance is not resolved by the immediate supervisor, the grievant may present the grievance in writing to the department head within ten (10) days. The department head will respond in writing within ten(10)days. D. Level IV - If the grievance is not resolved by the department head, the grievant may present the grievance in writing to the City Manager within ten(10)days. The City Manager or designee will conduct an informal hearing and render a decision. Each party shall have the right to present witnesses and evidence at the hearing. The conclusions and findings of this hearing shall be final. 006297.00010 -5- 22877343.1 5- 22877343.1 247 4. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE A. The grievance procedure is not intended to be used for the purpose of resolving complaints, requests or changes in wages,hours or working conditions. B. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. An employee may however, challenge the content of an evaluation by filing an appeal to his/her department head. In the event that an employee is directly supervised by a department head, the employee may challenge the content of the evaluation by filing an appeal to another department heard, who has been agreed upon by the employee and his/her supervisor(department head). In either event, the department head's determination shall be final, and thus no further appeals will be permitted. C. The procedure is not intended to be used to challenge the merits of a reclassification, lay-off, transfer, denial of reinstatement, or denial of a step or merit increase. D. The procedure is not intended to be used in cases of reduction in pay, demotion, suspensions or a termination which are subject to the formal appeal process outlined in Ordinance 586 and the Personnel Rules and Regulations. 5. CONFERENCES Grievant(s) and City representatives, upon request, shall have the right to a conference at any level of the grievance procedure. 6. WRITTEN MATERIAL Copies of written material which may be used for disciplinary purposes shall be provided to the employee prior to placement in their official personnel file. The employee shall have the right to rebut any such document and have the rebuttal attached to the document prior to it becoming a permanent part of the employee's personnel file. Article 1.14 Layoff Procedure 1. Grounds for Layoff- Whenever, in the judgment of the City Council, it becomes necessary to reduce the workforce because of a lack of funds, lack of work or reorganization, an employee may be laid off, reduced in classification or displaced by another employee. Such layoff, reduction or displacement shall result from action of the City Manager or his designee. Such action shall not entitle the laid off, reduced or displaced employee to a right of appeal. The City Manager shall recommend to the City Council each classification to be affected by any such change. 2. Notice to Employees - The City shall notify the Association thirty (30) days prior to the implementation of layoffs,to provide for adequate time to meet and confer regarding the impact. An employee filling a full time position shall be given fourteen(14)calendar days prior notice of 006297.00010 -6- 22877343-1 6- 22877343.1 248 lay off. Employees transferred, reduced or displaced shall be given five (5) calendar days' notice. The City Council may approve a reduction in the notice requirements, if so recommended by the City Manager. 3. At-Will Employees -The City Manager retains the right to layoff or alter the work assignment of the following employees at any time without notice or right of appeal: emergency employees, temporary or seasonal employees, part-time employees, original probationary employees, promotional probationary employees and employees designated as at-will. The promotional probationary employee shall revert to his/her previously held classification and position without loss of seniority. 4. Procedures for Layoff- A permanent employee in a classification affected by a reduction in force shall be laid off based on seniority in City service, that is the employee with the least City service shall be laid off first, followed by the employee with the second least City service, etc. Seniority shall be determined by hire date. Seniority shall mean full-time employment in any classification in the City of El Segundo. 5. Breaking Ties- In cases where two or more employees have the same date of hire (i.e. equal seniority), retention points for job performance shall be credited on the basis of the average of the overall evaluation ratings for the last three (3) years in a classification, provided the last rating had been filed at least thirty (30) days prior to the date of the layoff.notice. Retention points are as follows: "Unsatisfactory"Rating - 0 points "Improvement needed"Rating - 6 points "Satisfactory"Rating - 12 points "Exceeds expectations"Rating - 18 points "Outstanding"Rating - 24 points In the event of a tie in seniority, the employee with the lowest average of retention points shall be laid off first. In the event that one or more of the affected employees do not have a sufficient number of performance evaluations on file,ties shall be broken by a coin toss. 6. Reduction to a Vacant Position - An employee designated for layoff as a result of abolition of a position or classification may be offered appointment to a vacant position in a lower classification, if the employee is qualified by education and/or experience for such position. If there is more than one qualified employee to be offered such appointment(s),the offer(s) shall be based on seniority, with the employee with the highest seniority offered the position first, then the next highest, etc. If the employees have the same seniority, then the procedure for breaking ties set forth above shall apply. An employee accepting such appointment shall be placed on the step for the lower classification most closely corresponding, but in no case higher, than the salary 006297.00010 .7- 22877343.1 7- 22877343.1 249 step of his/her previously held position, and the employee will be assigned a new salary anniversary date on the effective date of the appointment. 7. Displacement Rights - An employee designated for layoff as a result of abolition of a position or classification may displace ("bump") an employee in a lower classification in which the employee has prior service, provided the laid off has greater seniority than the employee in the lower classification. Full-time members of the unit who are laid off will be permitted to bump non-benefited temporary and part-time employees if a)the classification is in the unit and b)the City determines that the laid off employee is qualified for the temporary or part-time position. In such cases, the full-time employee who has been laid off will assume temporary or part-time status. An employee who is bumped shall be laid off in the same manner as employee whose position or classification is abolished. 8. Salary Placement - An employee who is assigned to a lower classification as a result of a displacement (bump) shall be placed on the step of the salary range of the new classification which is closest to the compensation of the employee in the previous classification, but in no case higher, and the employee will be assigned a new salary anniversary date on the effective date of the appointment. The employee shall, however, retain seniority while his/her name remains on reemployment list or lists. 9. Re-Employment List - The names of permanent employees who have been laid off under this section(including employees who have bumped down) shall be placed, in order of seniority from highest to lowest, on a reemployment list for their classification or any lower classification for which the employee is qualified by education and/or experience. Persons on such lists shall retain eligibility for appointment therefrom for a period of three years from the date their names were placed on the list. As a vacancy within a classification or lower related classification becomes available,the name appearing at the top of the list shall be offered the opportunity to fill the vacancy. The name of an individual selected from the list to fill the vacancy who refuses the re-employment offer shall be permanently removed from the re-employment list without right of appeal. Laid-off employees do not earn seniority credit or benefits while on the re-employment list. 10. Rights on Re-Employment - If a person is reemployed by the City within three years, the employee's seniority, sick leave and vacation accrual rates shall be reinstated. Any accumulated sick leave and/or vacation earnings shall also be reinstated to the extent that the employee did not receive compensation for such earnings at the time of lay off. Upon reemployment, employees will be placed on the same salary step held at the time of Jay off. Article 1.15 Personnel Policies 1. Overtime Distribution - The City shall assign overtime work as equitably as possible among all qualified employees in the same classification in the same organizational unit. Such overtime work shall to the extent possible be assigned on the basis of volunteers. In the assignment of 006297.00010 -8- 22877343.1 8- 22877343.1 250 overtime under this provision, however, management may consider special skills required to perform particular work. 2. Good Friday - Employees shall be entitled to use vacation time for leaves with pay on Good Friday provided such absences are scheduled and approved by the City. ARTICLE 2 - SALARIES AND BENEFITS Article 2.01 Cant tf Li•riwg SaIary Adjustments V na-uraf furl aat►•ril ire gran x-cnuca inoria-,# by t1.5 :r.iIian a=cre in fiaieal yoar 'QI I 12 oompame to fiNnl yzar 2010 2011 and/--x- ler,• V.v mill:ca in frxal 2012 12 lu vamp»rod 7.f 2011 12, Nim, '.ler 9m71e;reed ward under this HOU :will be 9ntitlai S:, a COLA inrr�xvc CNak s tf;` Pry parkid irwiudin; 90to5cr 1 of the f octal yacr i:nmrcgiat:;�y "WzV RS the qualifying ficeci Y-Nr(o;. 1n a#'.xr vlov;$,i, if the ga)xO furzd e1ucl vo;c Srem rcr.•crrax in fixral yrar W 11 12 wr31c�- 2012 13 era E1.5 r.:iIIian cr m-c smatx than: ti-mot in th3 Jr.c•rr-xt fc2aai mar, t a ✓OLA i*evxr kviII tal-a sf/rce ON�bo 1, YN 2 ar1kr 20 113%Tht4nw unt of tha C01-A inurnx axill "c Swed vpcn thx haat trra� inc.nwa in tic Carsarni Price Indax (CR J) ir.the L-e. Arg-vix Ri zmidc Orrvm,;v vaunty gv�ograpoMc a.aa fv the lwcl•:a n-myth pefiud Vdi.r the m3e raaant Aagum 3 Ideal furA spa gnz ra•tcnuoa fer Chir Dzet;,orr Shall mcg t a:i rc•rnuas c/.-zpt NV, cf All TrwrAf;!�_-, !i2oz-Acte and [?: rm iuc (sec uM n✓nbcc.roox 3109 3M) HrA ,ha-rro3 far;crvi: (aeama-tt nuw.'aa--:3 W 3999): The Citv stall provide the followine salary increases to emplovees:, + Effective March 39. 2Q 19: Seven Percent(7%) ■ Effective P4v Period that includes October 1.2019: Three Percent(3%) • Effective P&v Period that iWjpde5 October 1,2029; Two Percent • Effective Pav Period that includes October 1. 2021:. Two Percent(2%) Effective Pav Period that includes October 1. 2020: Two Percent(2%) Article 2.02 Overtime/Compensatory Time 1. Overtime Calculation - An employee who is required to work more than forty (40) hours during any given work week shall be compensated at the rate of one and one-half times his/her regular rate of pay. The City, for purposes of calculating overtime pay, will include holiday ooMP3:111_0n' ti M. M9 bra aPPM-reti V_Natisrt leave as time worked. Sick leave. vacation leave. and comnensatory leeve' will not be considered as time worked for purposes of determining eligibility for overtime pay. 006297 00010 -9- 228773431 9- 228773431 251 2. Compensatory Time - Employees may substitute compensatory time for overtime pay if approved by their Department Head as follows: Formatted:Indent: A. The employee can maintain up to eighty (80) hours of accrued compensatory overtime~ Left: 0.5", at any one time, and carry over unused time from year to year. LLL Hanging 0.2" fB. The employee may use compensatory time in conjunction with normal vacation time with prior approval of their Department Head. C. The employee can use up to forty (40)hours of compensatory time at any one time. 3. Cash in of Compensatory Time - Employees may cash in accrued compensatory time, once per calendar year, at the employee's current base salary 4our rate of pay. and EPMC shall nr2t apply, by notifying the payroll division of their intent to do so no later than November 20th. Payment to the employees will be made on or about the 44t#-1 Ot] of December. 4. Recall Minimum Hours - Employees who are required by their sunervisor to return to work at a time other than their scheduled work day shall be compensated for a minimum of four (4) hours woovertime—does not constitute. recall hours overtime. — 5. Reeular Rate of Pav — Regular Rate of Pav is defined in 29 CFR 778.108 et sect, The definition used in this Resoluiton is_for general reference an oes not override t11�5p@ClflC definitions jot forth in thelFir Labor.�tdAct (FLSA]. Therefore. as usedin this Resolutior,tjze "reuate-qf�pav" is the,toMal_inclusive compensation paid to or on behalf ref m 'fis,-travel cxurise5, other reimbursable expenses, paytnents not mandate by the former MDU or other ruleslrevulatiops. retirement and insurance contributions lav the, City. overtime and holidav nay. These are examples only and not intended to be an all-incluive definition of the "reeular rale 4f qay." Aqulicablp statutes/case law shall prevail over ani definitions inconsistent with statuWslcase law._ d. Reimbursable Overtime is Not Subiect to the PAid Leave Exclg5ip-n Abovr, a. for purposes of this Agreement an "Inspection Event" is defined as a0v ipspection reRugstpd by a third partv consumer tR be oerformed ouj!�ide of the Fire Department or Plannina and Building De,nartment's regul lav scheduled-fours. A single InsnectiOQ Event may include insnecf on of more than one item ner consvrger. Multiple insr)ection items at the same worksite for a single consurper addressed in a single Inspection_Event will_not be s,Vbiect to separate minimum overtime compensation. A"worksite" is defined As a location with the same Ad4 M,$%. If more Chap one Insnection Event is performed for =pq.rate col rxumers_on theme dav- each Insnect�on Fvent is subject to the minimum. overtime comnensation reouirement set forth in,aection b below.. b. The Citv shall p,Y a minimum of Iwo (2) hours for reimbursable overtime =nensatim-- r actwl tjro worked ner Inspection_Event. whichever is greater. to aiQ ESCEA unit employee who voluntarily oeffprms reimbursablg after-hours insnectiort 006297.00010 - 10- 22877343.1 t0- 22877343.1 252 Services outside of his or her Ueularly schtWpled work hour,,,,37111-Slant to the follpwing conditions: i_ The ESCEA unit emoloveeJvust b"-w-Loved in the Planning and Building Department or as a Fire Preventio Snecialist; ii, The ESCEA unit,emnlovee mWt receive Drioj-written approval from his or her supervisor to perform(iP Insnectign Event. Shoulder cpnsumer request Additional, insnectjon item(sl while the ESCEA unit emnlovee is at the site of an aDrurpved. ection Event-. nerformance of the additional inspection itern(s) shall be deemed annrov-W by the sunervisor as Dart of the Inspection Evenp. iii. The workj)erforned by the ESCEA unit emnlovee must be in connection with his or her regular jcb duties: iv. The work performed by the ESCEA unit emnlovee must occur outside of hi,5 or her res ular[v 5ch,pdtafed work hpurs; v, The overtime wa_ees paid by e City must,,he subiect to beine reimbursed by a third party - vi_ The work performed by the ESCEA upit emnlovee mpgt_Ix mlated to after- hours inspections of nremises: and vii. The Citv retains the right to aisiLm any after-hours inspection to avv Firs Den,artrnent or Plannirle And Building emnlovee (whether he or she is Dart of tjr_e ESCEA unit or not)or consultant at it,5 discretion. Article 2.03 Family Emergency Care Sick Leave Utilization The City shall comply with the Federal and State regulations of the Family and Medical Leave Act: California Family Rights Act: Healthv Workplaces. Healthy Family .Act of 2014: and aj, other anolicable fagljly leave larM. Affected employees shall be entitled to utilize six (6` days of accumulated sick leave prr v,)4rdzr yt r for providing immediate family medical necessity- related care. "lrnr�zJSn*A FIneily shall I3eoendin on_ the apnyicable leave lays. "famPy.. nLognikr'may-be defined as including but not limited to children, parents,&4WH+ge� grandperen:J cf the a:sp;ape, tk,3 of employee and employee's spouse or registered domestic partner, or aanifimm nihx. i li S grantjehilrfrPn, rl Pr�ndparents. Utilization of said sick leave shall be contingent upon the employee making application for sick leave use and providing #iffier dcr,,arvwx-�t h-." •7/lth—the required documentation evidencing that the sick leave is to be distributed because of an ifnmedi tea family member receiving medical attention by any type of health care provider. Article 2.04 Uniform Allowance and Replacement The City shall pay uniform, clothing, and personnel equipment allowance as follows: 006297.00010 t t - 22877343.1 253 A Mier Cadet, Filo Squi,-xmM i lwN.1nia, Y-quip;Nczr A9aOwnic 1/11, i'V Fire Prevention Specialist-$240 per year or equivalent per month of active duty. B. Ncv.if appo nw d na'im Cacotto mall itr Prov reed with a u7ifercz tdvar co of EI 12 a-,W V5, fc3p;zv.iv3l)•, at thz time of appointment. C. The City reserves the right to provide uniforms in lieu of the allowances provided for herein. Affected employees occupying the classifications of Pay i+a C&40Cr-ima Erre I iv231*-tim- J*Fire Eouinmept Mechanic. Eau pment Mechanic I/[I. Pool Technician,and all Fire Prevention Specialist classifications shall have unserviceable uniforms replaced by the City by means of the replacement policies and procedures applicable to sworn uniformed City police personnel. Said replacement policy shall be in addition to any uniform maintenance allowance paid to affected employees. The City shall provide rain gear for Building Inspectors I/II and shall additionally provide safety shoes in an amount not to exceed $100.00$180.00(effective Marcji2Al9Xpre-tax)per 12-month period for those individuals required by the City to wear safety shoes. The City shall contract with a vendor for provision of said safety shoes and the affected employees shall be required to obtain the shoes from said vendor unless it can be demonstrated to the satisfaction of the employee's department head that the vendor does not have footwear which is usable by the employee. Upon receipt of written authorization from the department head to do so, the employee may in such case purchase safety shoes at a location of his/her choice, subject to the maximum X00.09 $18,0.00 (effective arab 2019 .pre-tax City contribution. Requests for an additional shoe allowance when such individuals have worn or damaged safety shoes shall not be unreasonably denied. If denied, the reason for such denial shall be provided in writing to the employee. Employees occupying the following classifications shall have uniforms and shoes provided: All Maintenance Worker I/II and Leadworker Classifications Custodian Building Inspector 1/II Meter Reader/Repairer Equipment Mechanic I/II Facilities Systems Mechanic Maintenance Craftsworker Tree Maintenance Worker Senior Park Maintenance Worker Fire Eouinment Mechanic Pool Technician 006297.00010 - 12- 22877343-1 254 A+ficlt 7.9f WeffRpno P,,--grain The paylicz L*,all cram during !h4 tcrn of thin A,�.�rrnx a jc�nt labor r��n�gv<r��1" :Ili Qe ,Dam tittat", tits T/urpaac of v--K�.*x1l >J to infovm amyl C4utitc zxnit rrnm*ar3 #a :a mmamna- :n w-hiah irAi ideal ffrwiyls�: .-,an be crejust34 to p,©rrr 4o hoalth wA !•iVAv. Any &-.d all t arxncrristiv:a L"s PornmitOczhall Ec a4vim.- Lmly and the aarrp=kian oetlts rammi=o Mall Ea --c abvscd upan ✓; tha partial ir. a:rnirl ivith f rturc oraaninia-:W mmiiip tobe eeerdinated by iataofL. Article 2.06 Employee Group Insurance Programs 1. Medical A. Effective January 1991, the City will contract with the California PERS for the Public Employees' Medical and Hospital Care Program for medical insurance. B. Effective ,&-ivary 1, 2005 Mav 1. 2019, the City's maximum contribution for medical and mental health insurance will be equal to the pM-tium scot,Cf Fall %raily a..r,:to c fca tl-;:LA"mag of the l-IK401cr1Y 1'ratin to all P>aIISS 2wj:W s. pk ycas in Les Anggsac C--"Vj %, S207/mcxrth; ,tAic b*N,z ie higher. (Thi .mount fill ✓- l:mvvi ria tht "200 fb nxW—) was*ikre IanoN-T 1, 3006, tht City hall pG?' 6cx' 80%. of t ina cxod -,N'im ium 1.+VMh zxece* the '-R cmula sit Perth above Emplrjaes-shall ha for tira roaminin; 24%. (For Wamp* if this Mminim arsrnw�: Cti the avxagc =S' of he B10 plat~ es by-"K"9! over the antiriFcVA 2005 w::r38c prwxium cf 1):757.24/rr,*h (irr, an irrartut V S7573!monA ta $033.0YmonA), the City t,•osM pay up :c g27Pa/mater (t507 pluc W afi the hviwcr aboNv VN7) end +,`•.* erg oyu Nvauld Iris' S!iz- mxn;ining VS21Yr/jmh).$1504/month for full-time emplovees ani, $750/rnorth for Dart-time emnlovees., Effective January 1, 3240-72022, the City's maximum contribution for medical and mental health insurancq shall be $1550/month for full-time erpplovees and$775/month for Dart-time. emnlovees.sha.11 ba thrr 20"5 f mr/Alo, tha rn cuntri'b%Mon fes'2001, Ylus NIX; iramased ptei-um •i:h*xA 3 ieeeds- is 2091 acxntriba��.. (Fv.. if the -,V. srni Jrn inc-/.v33 fiv .Iv avafa@V aay: :}.'tths 111174 p.lXKircrr, 1 t 155 r1mctltar i T° o nr tha !,,wtbr�`al 2095 rates of 033/Uhivnth (i.e., = ino: � o;, $813Wnnontk ra D916.32 /nun±h), thz Wy would pay tip to $°l]7.751►nan:l (S807 020.32 ` lie-\97) a.-A tht m-,P!7vat ric-AH Pwf :hr rcimining D. .Effective Jaatgry 1__ 2023. the�itv's maxiSnntrihnlion for medical and mental htaU" insurance is $160-0 per month for full-time erpD]ovees and-$000 Der month f9r Dart-time emplovees. _ — Ff.'faati-:c Jnr-nary 1, 2005, cFmployees may opt out of insurance and receive $250/month in cash. The opt out benefit is only available so long as the city's insurance rate is not adversely affected by the "opt out". The employee must provide verification of alternative coverage in order to opt out and is responsible for the tax consequences of the cash payment. The cash benefit is not subject to PERS retirement credit. The narties aLree_that they shall ae onen this 006297.00010 - 13- 22877343.1 255 17iO i ion to discuss elimina n of this_ t Qut Dntiaq due to_the Flores v. City of San Gahrie] k-clsion. C. CffvA-✓m 3�i j 1, 20?2, 64 City citi4 GAP pm nib,w.m will he$1,D94.A/mor,*, -SHOItivr Jtrw\t"j ! JW3h 72-SU V tl%i oo7tm-st,ik/-'City✓anrib;atiw-t:ir,gv& m-Ced. i~muraM arra FAP pmmi-;irr will i::ram Ivj 50%' vf lha ar-mcl imwswe 'r.. Zyrr avmg2 1-1A. O ffionil i eeye"c tet`, Tlm "average N-h4Q `milj TV/RV*I roto" ky t1[acg AAC 3-IW Aga V Mh LON A-igaiea Arec (:.oa I'rgc)eas E . 'f cnt=a) rr i'r/ 9rv�+�tge p3miur .. chmouw. W.'All -*49;-)A,n-, rf&M- au^gk llra PM. S HL-*+Kir P7�Way-l. /. {1e 20;3 � ,� �J� `'. ,F: is tised for :llustr-..ti _ __ -Ser.-,10 Galualstla;fX EM ,'FV7,r-/val in t1',+e e.w,1 l•?M'0 family caviarage m�e-. 2012 1-1\40 2013 HNIQ ]„ family eever-age eeverage pfc-nium 7-te pfv Uu S rate Blue Shield Q', 27 11,351.27 -Bluech1'mli $1,1r142.05 $1,170Ai L N40 Net Value i4#,,arr I-lA4J Q','� V.,2,1 32 Annual cnoi of Annual -HeFeRSe lflffeaSe R04 A\\j:ag;a 2A1-2 Average) Merage $1,23619-5 $90.00 X00 8m*jk!.2 Calemlafien for City 2011 ✓tjAdd IK ufarr-n4d 2013City $11,n�96.90 4-S-S..00 -!1,111.36 006297.00010 - 14- 22877343.1 256 ' D-.-gEffective upon City participation in the Public Employees' Medical and Hospital Care Program the City will initiate a future retiree health insurance contribution program for retirees who participate in the Public Employees' Medical and Hospital; Care Program. The program will provide for the following maximum contributions: Year of Retirement Amount of Monthly Contribution 1991 * $16.00 1992 * 25% of City Contribution made for employee with coverage which is the same as that of the retiree. 1993 * 50% 1994 * 75% 1995 * 100% *Should the contribution listed be less than$75.00 the retiree shall receive$75.00. Employees must have a minimum of five (5)years of service with the City in order to be eligible for paid retiree medical insurance. 1 &--Effective Oetaber 1. 2007Marclj 20. 2019, the maximum €fie--City contribution for medical insurance, for both active employees and retirees, shall be$1600 per month. .1 Dental During the term of this agreement, the City will pay the premium for City contracted dental insurance for employees and eligible dependents. The City's aggregate contribution for current dental, optical and life insurance shall be capped at $135.00 per employee per month -3 a Optical During the term of this agreement, the City will pay the premium for City contracted optical insurance for employees and eligible dependents. The City's aggregate contribution for current dental, optical and life insurance shall be capped at$135.00 per employee per month. H_ EAP/Mental Health The Cilv's contribution for medicaj insurance shall be used for r1kedica"remiums only: $9,37 EAP will not be deducted. Citv shall provide mentaj health benefit at_a basic level and at Citx. cost. Enrollment in EAP(()sere cut OQ 006297.00010 - l5- 22877343.1 257 Article 2.07 Retirement 1. The City shall provide as deferred compensation a set dollar amount to be paid toward the employee's contribution to the Public Employees' Retirement System. The dollar amount to be paid as deferred compensation for the term of this agreement shall be an amount equal to four percent (4%) of the sum of the total earnings less than $133.33 per month. Total earnings less deferred pay and special compensation as defined by Ca1PERS equals base pay. The City agrees to pay on behalf of the employees covered under this agreement the member contribution on shift differential, uniform allowance and uniform replacement when such benefits are includable as additional compensation for PERS purposes. 2. PERS PavmMt Pick Un: Eff kiv: kyr pu; pzrivd V)gknning rlcra:nbcr 5 2011 *.-e✓_Igh the e d of tha soilvtmt tial;; (Sopoff�r 30, X i 3 X 3011), cm,1_y wws agm is pa•, :hrx n ts1.) of the ccnhikW.i9z. if in tlti Nwpo the Uky'a Fzm��3yrr Share far`.hc, Crts'r 201V@D55 AAkv_,,1la:t2ous ftslixrn3nt Tia, L& PERE ram, 7z&,rne �o tk FY 7010/rll PcrVonuage cc lcrnr, all ropm-wiM v,-ill tke-a� ✓I A inefease to "^^e salafy. Effective May 13.20U. emnfoveesshall make�he $eYven aerce 7t (7%) (pre-lax) of the Em.oloyee Paid Member Cprttribution. —Efl"tive last full pav period_in Seuiember 2023. Emolovees Shall contrQsjjte an additiora1 one percent (1%) nick-un of one percerjt (1%1 pursuant to Govergiment Code sections 20516.5 and 20516(b).The additional owe percent,deduction shall oniv be applied if all,other miscellaneous emnlovee associations aeree tv. make the additional contribution. 2-1 Effective January 1, 1992 the City's contract with the California Public Employees' Retirement System was amended to add Section 20024.2, One-Year Final Compensation. ` -3-4. The City has amended its contract with the Public Employees' Retirement System (PERS) to provide eligible employees with the benefits of the 2%at age 55 (Modified)retirement plan in accordance with Government Code Section 21354. (b) Tier II - As sears at. p.moliecbl3, IN ✓ty ,hall an-�cm l its a1i:raot vAh tF4 CcliC.rni■ Public 5".p!v/_ve' Ps.zira rr7,t °inti: (MU) to i:: plarz/_%nt the 2%,W50 rctirwric_rnt fcrmula �n aacv..Ian" ~pith C-vrx'nxtc t Cu-als ✓ s�—i 21353, TFic MI.• foMulc 711211 apri)• tc M[>1OJe43 hired an or t'.o a`f2sti7c Jut-- of t1m RMS ocr.:ract ■m3rv4ir3n:. lwe-3t i-iucvtian of th,- C rp,.5 sin trrat amCcAmsm. iw xrtinglVtt upor all "IC�07J. Z'1 r2"K-Z-__VAC' ��'� is 0W ✓+Z; ;�rxinS to the Tior lI r tirsrnant farrnala-.The Citv has amepded its contract with the California- Flub]ic aliforniaPublic ET,plovees' Retirement Svstem (CalPERS)to imnierpent the 2"N,(@ 6Q retirement formula, in accord4pct� with Ggvernment Code $ection 21353. This formula applies to all emplovees hired on or after Decejnber 30. 2012, Tier I apd Tier 11 participants wil.Lhave ttheir fiol comnenuvOov based tfoon the "single 44hest year" pursuant to-Dover !nentode Section 21)042. W Tier IlI - Members in this barizainr.V pnit who are first. emplpyo by the City on pr after Jappary 1.2013.. apd are"new emplovees" and/or"new niom vers" as defined by AB340 (Public. Splovees Pension Reform Act) shall be provided with the 2% (@ 62 retirement formula. 006297.00010 - 16- 22877343.1 258 Members shall be subiect to all ether statuiQry reQuiremepts a tabiished bv—A$3_40. whit includes navini! 50% of the pormal cast as determined_ CaiPER5. McMbers' final c[�mpen io all be ba 4n the bi ±PSt annual avera.,comnensatiQr�mmahle durijlz the 36 Wnser,.ut.ive months immediately precediJ7 he effective date of_retiremen� or snme other 36 consecutive month period degienated by the aiember.. 4-5. Effective April 12, 2008, the City's contract with the California Public Employees' Retirement System and the City Council, City of El Segundo was amended to provide Section 21548, "Pre-Retirement Optional Settlement 2 Death Benefit" for bargaining unit members (local miscellaneous members). Article 2.08 Differential Pay 1. Shift Differential- Employees shall be entitled to shift differential pay of ninety cents ($.90) per hour for the total number of hours worked during their scheduled shift when a minimum of four (4) hours of an employee's scheduled shift occurs between the hours of 5:00p.m. and 6:00a.m. Employees who work overtime shall not be entitled to shift differential pay for hours in which they receive overtime pay. Article 2.09 Computer Purchase Program 1. Contingent upon the City determining that sufficient funds exist for said purpose, provision to each affected employee of a maximum $4000.00 cumulative interest free loan for an initial purchase of personal computer hardware, software and ergonomic-related furniture and equipment. An employee with an outstanding balance on a prior computer loan as of July 1, 1998 will have that amount currently due from the previous loan subtracted from the amount the employee can borrow interest free under this program. 2. Subsequent loans or amounts in excess of the above maximum interest free loan, would be at an interest rate of 3%. All loans would include a 35-month repayment term. 3. Anti-virus software shall be required as a prerequisite in granting requested loans. 4. The City's determination in this regard is not subject to administrative or judicial appeal. Loans shall be repaid through payroll deductions over a three year period. Outstanding loan balances must be paid off at the time an employee separates from City service and the City shall be authorized to recover any loan balance by making deductions from the employee's final check. 5. The City would retain title, as security,to any equipment purchased with funds from the above described loans, until such time as the loan is fully paid off. The City is to be notified of any exchange or updating of equipment. 4 6. Effective March 20. 2019. the computer Ivy proeram wilLbeciisrlinatek, 006297.00010 - 17- 22877343.1 17- 22877343.1 259 Article 2.10 Sick Leave Formatted: ]. .,Sick Leave Accumulation- Employees shall receive one (1) eight (8) hour day accumulation A Underline for each month's service not to exceed a maximum of 600 hours. Current employees with more than 600 hours of accumulated sick leave will be allowed to utilize that amount as their personal sick leave cap throughout the remainder of their service with the City. Permanent J)art-time emnlovees shall accrue 48 hours pf sick leaves every year.pr ].$5 hapr �f sick leave per .nav e>l io �� Formatted: 1 2. Sick Leave PpvIroent Upon Separation - Affected employees having a minimum of 5 years of Underline J service with the Citv in a classification covered lav Lhis Agreement will be paid for 50% of their unused sick leave upon death or termination. Employees shall receive 100% of their unused sick leave upon a service or disability retirement. The rate of nav for sick leave navouts shall be at base salary hottrly rate of aav and EPMC shall npt anl?lv.- Formatted: 3. _sick Leave - Payment of Om Half of Accrual - On the first day of December of each year, Underline employees who maintain a balance of 600 hours of sick leave accrual shall be paid for(100%)of sick leave accumulated and not used during the preceding twelve-month period. Payment shall be made on or before December 10th. The rate of nav for sick leave navouts jhall be at base sory hourly rate of nav and EPMC shall not aZg.1).. Formatted: 4. .Sick Leave Accrued - Pavment on Termination Prior to Decemb���St Em loyees who � Underline terminate prior to the first day of December while maintaining a balance of more than 600 hours of sick leave shall also be paid seventy percent (70%) of their unused accrued sick leave accumulated since the preceding December 1 st. The rate of nav for sick leave navouts shall bt!X bwe salary he Lwty rate pf+aav and UPMC shah r)f)l a t J Formatted: S. .Sick Leave Certification - Any em lloyee taking sick leave shall, upon his or her return to Underline work, sign a statement certifying the reasons for such sick leave. Employees absent five or more consecutive working days, or four consecutive working days for employees assigned to a four- day ten-hour working schedule must submit a statement from a doctor that the employee was under his care and is able to return to work. Upon the recommendation of a Department Director or his/her designee the City Manager or the Director of Human Resources may, before allowing such leave or before permitting an employee to return to work, require submission of a doctor's certificate for any absence. Any employee who makes a false claim to sick leave or who refuses to cooperate in an investigation by the City of his or her claim shall be subject to disciplinary action. In addition to the above, effective January 1, 2001, after an employee has used seventy-two (72) hours or more of sick leave during the employee's 12-month annual performance evaluation period, the employee's department head may require, for each sick leave absence thereafter during the year, that the employee provide a statement from a doctor verifying that the employee was under a doctor's care during the absence and that the employee is now able to return to work. In accordance with Labor Code Section 234 use of family sick leave will not be included when determining whether an employee has exceeded the 72 hour threshold set forth above. 006297.00010 - 22877343-1 260 Formatted: i 6. ,Sick Leave Reauests - Requests for sick leave benefits will not unreasonably be denied. Unaedine Employees agree not to abuse the use of sick leave. Article 2.11 Flexible Spending Account The City will implement a Flexible Spending Account pursuant to the terns and conditions of this plan no later than January 31, 1989. Article 2.12 Bereavement Leave/Emergency Leave Formatted: h1. Bereavement Leave- Employees shall be entitled to three(3) days of bereavement leave with Underline pay per incident which shall be increased to one work week per incident in those circumstances where travel to a funeral or other memorial proceeding is 500 or more miles one way as measured from the El Segundo City Hall. Additionally, the definition of the "immediate family" whose funeral or memorial proceeding qualifies for the use of bereavement leave, shall include the children, parents, siblings, grandparents of the employee, the employee's spouse or significant other. Formatted: 1 2..personal Emergencies-Employees,upon request, shall be entitled to utilize vacation, Personal Underline J Leave DaylFloating Holiday or accumulated compensatory time off for bona fide and substantiated personal emergencies, i.e. serious illness of immediate family members, and cases of extreme and unusual hardships of an emergency nature. In certain circumstances, notification requirements may be waived. Article 2.13 Step Advancement Formatted: 1 l 1.45ten Advancement Basic Salary Schedule - The advancement of a new employee from Step A Underline l shall be on the new employee's anniversary date which is established as the day immediately following satisfactory completion of his or her first six months' service; Steps B, C, and D contemplate one year's service in each of such classification subject to the limitation of Section 6 below and the advancements therefrom shall be on the anniversary date of the employee; Step E contemplates continued service in such classification until further advancement is indicated by reason of longevity. Notwithstanding the above, a supervisor may recommend to the department head that an employee receive an accelerated advancement of part or all of the next salary step B, C, D, or E (excluding Longevity Pay ), based on exemplary job performance. If the department head concurs, he/she shall submit a written report on the prescribed form to the Director of Human Resources citing specific examples of work performed by the employee that consistently exceeds expectations and warrants approval of part or all of the next salary step prior to the employee's anniversary date. The Director of Human Resources shall submit the request along with a recommendation for action by the City Manager. Recommended accelerated salary increases shall be in whole percentages ranging from 1-5%. An employee may receive more than one salary step advancement, but in most cases the total granted shall not exceed 5% in a twelve (12) month period. The accelerated salary advancement(s) shall not change the affected employee's 006297.00010 - 19- 22877343.1 261 anniversary date. In no case shall an employee receive compensation that exceeds the E-step of their respective salary range. Formatted: 1 2. Class Series Classifications - Notwithstanding the provisions of Section 1, the following Underline 1 classes: Accounts Specialist I/11 Building Inspector 1/II I Crime Scene in esti bu�yr 1/11 Ta - Equipment Mechanic I/11 Library Clerk 1/11 License Permit Specialist 1/11 Office Specialist I/II Park Maintenance Worker 1/11 Public Works Inspector 1/11 Street Maintenance Worker 1/11 Wastewater Maintenance Worker I/11 Water Maintenance Worker 1/11 The classifications listed above shall be described as class series classifications and shall be paid at either of two different salary range levels assigned to each class. In each of these classes, entry level may be made at two different work performance, skill, and assigned responsibility levels corresponding to the two different salary range levels. When entry is made at Level I, the employee shall progress through steps of the range assigned to that level in the manner described in Section 1, except as noted below. When entry is made at Level 11, the employee shall advance through the steps of the range assigned to that level in the same manner as described in Section 1. Every person employed at Level I shall be eligible to advance to Level II without regard to the number of other employees at either of the levels or budget limitations. To assure the latter, class series positions shall be budgeted at Level 11 in all cases. Merit considerations, as clarified by the factors listed below, shall be the exclusive basis for advancement to Level 11. When a person is employed at Level I, such employee may be advanced to Level II upon a determination by the Department Head and approval of the Director of Human Resources that the employee's work performance, skill development, and demonstrated ability to perform higher level duties causes his/her assignment to Level II to be appropriate.No employee shall be advanced to Level II without such an evaluation. In making the determination to advance to Level II according to the above noted factors, such determination shall not be made simply by subjective evaluation but shall be upon a finding that the employee's work performance meets specific criteria developing from the following factors, among others deemed appropriate: Length of service at Level 1; 006297.00010 -20- 228773431 20- 228773431 262 1 Meetine minjniim gLoifcations nostedpn class mecificaCions, Acquisition of specialized skills required of the position; Achievement of specific job-related goals and objectives during a specified period of time; Increased ability to work without close supervision; Ability to exercise increased individual judgment; Ability to provide leadership and guidance to less experienced employees; Ability to understand and properly apply departmental rules; Ability to produce work which is acceptable both in terms of quality and quantity and which represents at least the average level of work produced by other Level 11 employees. Specific criteria for advancement within a class series shall be prepared jointly by each Department Head and the Director of Human Resources. Such criteria shall be approved by the City Manager.No employee shall be advanced from Level I to Level 11 except upon recommendation of-the Department Head and approval of the City Manager. Whenever an employee is moved from Level I to Level 11, such employee shall be compensated at the lowest rate of compensation provided for in the higher Level II salary range which exceeds by not less than five percent the rate of compensation received by said employee at the time of assignment to Level 11, unless otherwise ordered by the City Council. While occupying a position assigned to a class series classification, an employee shall serve only one probation period. 3. Longevity Achievement on Merit - Employees to whom this Chapter applies who are eligible to receive longevity pay shall receive longevity pay based upon an overall rating of"standard"or higher as determined by the employee's performance evaluation. If the employee fails to qualify for longevity pay because of failure to have attained a "standard" or higher rating, and the employee's overall performance subsequently improves to at least a .. standard" level, the longevity pay increase shall be granted upon the issuance of a satisfactory performance report. 4. Step Advancement - Anniversary Date- An employee advanced from any range to another range of the Basic Salary Schedule shall receive a new anniversary date which is the date of the change. If the employees anniversary date falls in the first week of the pay period, the effective date of the increase will be the first day of that pay period; if the effective date falls on the second week of the pay period, the effective date of the increase will be the first day of the following pay period. Other changes in salary, unless specifically directed by the Council or as provided in Section 6 shall not change the anniversary date, except for promotions made in accordance with the Personnel Merit System Ordinance or the Personnel Rules and Regulations. 006297.00010 -21 - 22877343.1 263 The City Council reserves the right, at any time, and in its sole discretion, to change the range number assigned to any officer or employee and to determine the particular step in any range number which is to be thereafter assigned to any such officer or employee, subject to meet and confer with the Association. Notwithstanding the above, an employee in a classification under Section 2 shall not be assigned a new anniversary date when he/she is advanced from Level I to Level 11 in that same classification. 5. Increases on Merit- Basic Salary Schedule - An employee shall be eligible for advancement to a higher step on the basis of service time as described in Section 1 and satisfactory performance of duties. An employee will be presumed to merit an increase unless his or her Department Head, with the concurrence of the Director of Human Resources, notifies the employee in writing no later than the end of the pay period which begins after said employee's anniversary date that the increase should be withheld, stating reasons. The reasons shall be provided to the employee in writing. If the employee's performance subsequently improves to a satisfactory level, the step increase will be granted and the date of increase will become the employee's anniversary date. Arfiele 2.11 M 4*;.-rv\m tiervise •r.•ith Cite of El °eg*nda4e-41taaiVC PAy for a DaaigHOted 'Emp!33,=•r.•l:a 73rs r mst hero bccn rnp!oyW .�or z rninirmum cf ffiri (_)yaar# •r,i'.i:Fhs Uty of E"cagundc irry aptif cation -,x-tred ky 1kis &brcomcnt in orler Ic rms -o pw, f--,7 unv/Ad:ice!: loaw balon--c: Article?. r+2LJA Workers' Compensation Provisions Permanent employees who are members of the Public Employees' Retirement System and who receive injuries that are compensable under the California Workers' Compensation Laws (other than those to whom the provisions of Section 4850 of the Labor Code apply) shall be entitled to receive: 1. Seventy-five percent of the employee's regular salary for any so-called waiting period provided for in the Workers' Compensation Laws. 2. Thereafter, for a period of up to one year, or until earlier retirement on disability pension or a finding of permanent and stationary disability by a medical doctor, the difference between seventy-five percent of the employee's regular monthly salary and the amount of any temporary disability payments under the California Workers' Compensation Laws. Such payment shall cease when the employee receives a permanent disability award or is physically able to return to work. 3. These payments shall be provided without deductions for State or Federal Income Taxes, to the extent allowable by the Internal Revenue Service. 006297.00010 -22- 22877343.1 264 Article?46�5 Holidays 1. Holiday Schedule -The following Days shall be considered as holidays for City employees: January 1 st The third Monday in January (Martin Luther King Jr. Day) The third Monday in February(President's Day) The last Monday in May(Memorial Day) July 4th The first Monday in September(Labor Day) November 11th(Veteran's Day) Thanksgiving Day Dav After Thanksuivjn December 24th December 25th December 31 st 2- Liolidays willke paid based gn the emnlovee's ssi ned dailv work schedule. Emnlpxm,. assiened to a 9180 ,schedule will hgve holidays acid in nine (9) hour increments unless the holidav fails on them assimed eight-hour workcb v. i11.which case thev wjjl be nail eight h�strg of holidav.Q&y, ?:-Effeetive Jc.o'b-e: 1, 2011, the F�-i fZ-•Thaxkj. ;i J7,-, it rcmc�•ad f Q-a th% iir1. V:�.r'.:r•twd ilayc,✓r_W,fcranFFs ya:r3 v:hm arc rcbal-'iy xhedv]2-j to G l:--\n Ffitlayt. 3. Mornbara of Chit uttit aoaignad tc vr3r1: c VIQ aihodwzV ohOl havx h31A&," pxA in l Q hour- -it with daily v,3rl- i-4:arr. Employees with a-rra reduced approved work schedule pursuant to Article 3.19 or 3.20 of this MOU will have holidays paid consistent with their approved daily work hours. 4. Floating Holidays (a) In the event any of the above Holidays falls on a Sunday, the Holiday shall be observed on Monday. If the Holiday falls on a Jey ax vr.Pl WJ3a iJ r9,OU!Qr4—W-li3dulr d t. '-V U ff bJ I y ar 'ScUTday fo araployzac working a '['lQ, Nic;-Acy ThurAay 22trA�:le, 1h3 ctrplcr� shall warn tom. (]S) haara 3f Floating �xgidr, 3r in aWha incre""V1, if tha. work OOkOAUle asign3l is pv#3uant to Pr:ielc 3.14 Cr 3.70 which run Win in dn�iy -v,-rk heirs 3'hT than taq (19} Friday or Saturdav (or-an emnlpvee's otherwisg reM- lariv scheogjed day oft the emp]oyee will, xeceive a floating holidav consistjnp of the number of hours a e employees asi daily work schedule (1;) Mcmbor. of.hi$ unit •trr- pre-4cl Vi; givzn thkv; tvrc (32) licura of Flect�nS HaIALy '.-usd e1 ko 1r'l 1 h�cliky rzl;�ole (iiavus), h7.uarj 2011 ). Azl. �idd&cral aishi (Y) hourz 1f Pl✓►ri�to Holkiay Nv-fO yc W,3d 'a atNxb crfeL7jvc'c lavc irrarl, r3r:lay 7'nnirA cf n7;`n&zr:ixr 7011: #eum Shill Fi v.-c W:hcjay--pM3d cNxv Courir%l &W-ollel :f thi� MO'U. 006297.00010 -23- 22877343.1 23-22877343.1 265 llJ;o) Innuary I, 2012, Floating Holiday hours shall be credited to the employee's leave bank at the beginning of the pay period which includes the holiday. rid-}Floating Holiday hours may not be carried over to the following calendar year. However, Floating Holiday hours earned during the months of November and December only, may be carried over to the next calendar year but must be used by October 31st of that year. This applies to the one sight(°)loan of Floating Holiday provided under 4(b)above. J�.- Holiday Pay - If an employee is required to work upon a City Holiday, he or she shall be entitled to time and one-half for such work in addition to the straight time holiday pay described in 2.16(3)above. 3 Personal Leave/Floating Holiday — In addition to the holidays enumerated in Article 2.16, each employee who has completed six months of service shall be entitled to select one ten (10) hour drf per a-_\13ndar y2er or in anotha: imm-Amant if the •(,\jrl: =hadula =i znW 'm to iki4ie oc 3.19 oc 3.2is hi h Fe%&zz kitd J ly Tra k�u�a athe t1m:i Srn(10),day (10 hours for 4A 0 schedule emgllovees: 9 hours for 9180 scheduled emo19veesl. as a Personal Leave Day/Floating Holiday with the approval of the employee's supervisor after a minimum of seven days prior notice. The Personal Leave/Floating Holiday shall be credited to the employee's leave bank every January. Employees hired on or after July 1 will receive the Personal Leave/Floating Holiday and may use this time prior to completing six (6) months of service with supervisor approval -or-carry over the hours to the next calendar year to be used by March 31 st of that year. Article 3-472,1¢Life Insurance The City will provide a$30,000 Life Insurance policy for each employee. Article 24-92,L?Vacation Employees shall receive either: Formatted:Font: 1 ORIGINAL ACCRUAL SCHEDULE_ _ Not Bold 1 1. T�r�i:s i:orl:irT dayc Ninety-Six (96) hours,,per year with full salary for the first seven years of continuous service with the City. 2. Mean wo;'I:ing days One Hundred Thiriv-Six (136) hours per year with full salary after seven years and until the completion of fourteen years of continuous service. 3. T•;z%tty two w—_\lint, ;.lays Qj)e Hundred Seventy-Six 11761 hour per year with full salary after fourteen years of continuous service. OR ALTERNATIVE ACCRUAL SCHEDULE 006297.00010 -24- 22877343.1 24- 22877343.1 266 1. Twt2-n dw,2 Ninety-Six (96) hours per year from commencement of the first year of service through and including completion of the fifth year of service. 2. F if=i dayt One Humdred Twentv f 1201 hours per year upon commencement of the sixth year of service through and including completion of the tenth year of service. 3. Eighwm layo One Hundred Forty-Four (144) bourn,per year upon commencement of the eleventh year of service through and including completion of the fifteenth year of service. 4. Twenty t�» il„r�t One Hu>3dred Seventv-}Six (176) houri,per year upon commencement of the sixteenth year of service and for all years of service thereafter. An employee desiring to participate in the .. alternative .. accrual schedule shall so advise Human Resources Department in writing of their election, no later than October 19, 1994. Failure to advise of an election to accrue vacation pursuant to the alternative schedule shall result in the employee continuing to accrue vacation on the .. original" schedule. An election to accrue vacation on the alternative schedule or maintenance of accrual pursuant to the original schedule, shall be irrevocable. For this article, the term "day" shall be the equivalent of eight hours. Vacation time shall accrue on a monthly basis. Vacation leaves may be taken only after an employee has completed six month's continuous service (although still on probation). ZgrManent part-ti.me em&yee� rr,geive vAgalipn accruals at 50%of the:establ ished full-tune schedule Article 24-92$Vacation Time Accumulation and Sale Vacation time shall be accumulated from date of last continuous permanent employment. All vacation shall be taken at such times as are agreeable to the head of the department and approved by the City Manager, or designee. Earned vacations shall not be accumulated for a longer period than for two years' service. For the duration of this agreement only, an employee may sell back up to twenty five percent (25%) of his/her annual vacation accrual, to which they are entitled by length of service. Each employee may sell back vacation once per calendar year and only during the first two-weeks of December. Rate of nav for vacation leave navouts shall be at base salary hourly rate of nay+and EPMC shalJ not annly. Article 12-.-NL1�Vacation Time Accrual-For Temporary Industrial Disability Notwithstanding the provisions of Article 2.19, employees on temporary industrial disability may accrue vacation time for longer than two years. lArticle 2-24 a Long Term Disability Plan The City will add all unit members to its currently existing Long Term Disability Plan. 006297.00010 -25- 22877343.1 25- 22877343.1 267 Article=JU Direct Deposit It is agreed between the City and Association that it is in the mutual interest of the City and its employees that all covered employees utilize the currently available direct deposit system. Employees who do not desire to utilize direct deposit shall make their wishes known in writing to the City's Director of Human Resources, together with a statement of their reasons therefore. Requests for exceptions to this direct deposit policy shall not be unreasonably denied. Article 2-.?3 Promotional Examinations For the purpose of interpreting Section 1-6-9 (B) of the El Segundo Municipal Code, entitled "Examinations", the City agrees that a "sufficient number" shall be thr33 (3) two !21 eligible, qwwmifiod nualifipd applicants who have indicated an interest in a particular promotion in writing to the Director of Human Resources. Examinations may be specified by the Personnel Officer, as promotional only, as open only, or as both open and promotional. Article 2-.442M Standby Duty Formatted:Indent: I.-.Standby duty is the time that employees, who have been released from duty, are specifically Left: o Hanging 0.3" required by their supervisor to be available for return to duty when required by the City. During standby, employees are not required to remain at their City work station or any other Ispecified location..Standby duty employees are free to engage in personal business and activities. However, standby duty requires that employees: Formatted:Indent: A. Be ready to respond immediately. Left: Hanging: 0.3" B. Be reachable by paging device or telephone. The City may, in its discretion, provide a paging device, e.g., a beeper,to an assigned standby duty employee. C. Be able to report to work within one(1)hour of notification. D. Refrain from activities which might impair their ability to perform assigned duties. This includes, but is not limited to, abstaining from the consumption of any alcoholic beverage and the use of any illegal drug or incapacitating medication. lE. Respond to any call back during the assigned standby duty. 2. As with any City equipment, any paging device assigned to an employee is the responsibility of the standby employee during standby assignment.—The employee is liable for loss or damage to the paging device, which is caused by the employee's negligence or intentional acts. 3. Failure of an employee to comply with the provisions of standby duty may subject the employee to discipline, up to and including termination of employment with the City. 4. For each assigned period of standby duty employees shall be provided two (2)hours of pay per day. 006297.00010 -26- 22877343.1 26- 22877343.1 268 5. Employees recalled to duty shall receive a minimum of four (4) hours of recall pay at i e and one-half their reeular rate of navy. 6. An employee who uses sick leave or vacation leave during a standby period, occurring on or after, October 15, 2000, shall not be provided any form of compensation for the standby period, unless the employee's department head approves, in writing, the provision of the normal standby period compensation. IArticle 2-._3A,2,2A Educational Incentive Pay Eligible employees shall be entitled to receive educational incentive pay. The educational incentive shall be as shown below and shall be paid at the same times and in the same manner as base salary. Educational incentive pay is reported as compensation to PERS. (Revised October 2011). A. Education Pay Eligibility for educational incentive pay is limited to those employees who (a) are working in a job classification that does not require a bachelor's degree or higher degree to qualify for the classification, (b) were awarded a.bachelor's degree an rr. Oci©'air I S 2090., and (c) were awarded such degree in one of the majors of public administration, business administration, engineering, or other job-related major, which had been approved by the department head, in writing, prior to admission of the specific employee into that major. Bachele: Jvgr_cr 2"I=ds p-iar*.o G\t.lscr I E,200.9 mirr.n be =ad tc futfill Ilia rcZui:anzcn zato&�. Job Classifications Occupying Salary Grades 11-19: $ 219.64/month Job Classifications Occupying Salary Grades 20-29: $ 281.16/month Job Classifications Occupying Salary Grades 30-39: $ 334.21 /month If during the term of this Agreement a job classification is assigned a salary grade higher than 39, the flat dollar monthly amount of education incentive pay for the employee shall be equivalent to five percent(5%)of the base salary EStep of the salary grade. Ernnlo tes hired on or�e,-r Mav 10.20I7 shaL rtpl be elieibJe fob Education NY, B. Certification Pay Employees in the following job classifications shall be entitled to certification pay for obtaining and maintaining a certification above the level required on the City Council approved class specification: Meter Reader/Repairer Street Maintenance Leadworker Tree Maintenance Worker Wastewater Maintenance Leadworker Wastewater Maintenance Worker II Water Maintenance Leadworker 006297.00010 -27- 22877343.1 27- 22877343.1 269 Water Maintenance Worker Il Job Classifications Occupying Salary Grades 11-19: $ 219.64/month Job Classifications Occupying Salary Grades 20-29: $281.16/month Job Classifications Occupying Salary Grades 30-39: $ 334.21/month Eligible certification(s)will be determined by the employee's Department Director. If during the term of this Agreement a job classification is assigned a salary grade higher than 39, 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. Article 2-._2Q2_5 Longevity Pay Effective October 1, 2005, employees shall be entitled to the following longevity pay based on years of service with the City of El Segundo: Job Classifications Occupying Salary Grades 11-19: Completion of 5 years of service $ 43.93/month Completion of 10 years of service $ 87.86/month Completion of 15 years of service $ 131.78/month Job Classifications Occupying Salary Grades 20-29: Completion of 5 years of service $ 56.23 /month Completion of 1 0 years of service $ 112.46/month Completion of 15 years of service $ 168.69/month Job Classifications Occupying Salary Grades 30-39: Completion of 5 years of service $ 66.84/month Completion of 10 years of service $ 133.68/month Completion of 15 years of service $ 200.53/month If during the term of this Agreement a job classification is assigned a salary grade higher than 39, the flat dollar monthly amount of longevity pay for the employee shall be equivalent to one percent (1%) of the base salary EStep of the salary grade for five (5) years of service; two percent(2%) of the base salary E Step of the salary grade for ten (10)years of service; and three percent(3%)of the base salary EStep of the salary grade for fifteen(15)years of service. Longevity Pay is reported as compensation to PERS. (Revised October 2011) permanent hart-timeemnlovee 'y evity nav at 50% equivalent to the longevjty nav amounts annlicale to nermanent full-time emnlovee .. Emolovees hied on or after Mav 10.2017 are not elieible for Ion!eviiv nay., 006297.00010 -28- 22877343.1 28- 22877343.l 270 EArticle U-72,26 Class A and Class B Driver's License Pay Employees in the following job classification shall be entitled to a $75 per month stipend for obtaining and maintaining the Class A California Driver's License required on the City Council approved class specification: Equipment Mechanic II Fire Equipment Mechanic Employees in the following job classifications shall be entitled to a $50 per month stipend for obtaining and maintaining the Class B California Driver's License required on the City Council approved class specification: Street Maintenance Leadworker Street Maintenance Worker II Tree Maintenance Worker Wastewater Maintenance Leadworker Wastewater Maintenance Worker 11 Water Maintenance Leadworker Water Maintenance Worker II Formatted:No l7] [Oyees in the job classilicationg of Park Maintenance Worker II., j=aeilitii�s Svsteme underline l MecWic. and Eaujl7lnent Mechanic-1 who voluntarily obtain and maintain a Class B California Formatted:No 1 underline J Driver's License shall also be entitled to the $50 per month stipend, and shall be subject to all Department of Transportation requirements applicable to the possession of such license. Formatted:No underline Formatted:No Article? 3S Paid Family Leave Benefits underline Employees eligible for Paid Family Leave benefits under the State Disability Insurance program shall be required to take up to two weeks of earned but unused vacation leave prior to the employee's initial receipt of these benefits. Employees may use any available family illness leave in lieu of the vacation time. Article 2 3292a El Segundo City Employees Association Insurance The El Segundo City Employees Association sponsored optional insurance plans shall be made available via automatic payroll deduction. All associated insurance costs to be borne by unit employees. ARTICLE 3 -OTHER PROVISIONS Article 3.01 Drug-Free Workplace Statement and Substance Abuse Policy The parties have met and conferred in good faith regarding the adoption of a Drug-Free Workplace Statement and Substance Abuse Policy, dated July 1, 2008, and the same shall be implemented concurrent with the adoption of this MOU. 006297.00010 -29- 22877343.1 29- 22877343.1 271 Article 3. 02 Smoking Policy The parties have met and conferred in good faith regarding the adoption of a nonsmoking policy dated 10/5/1994, and the same shall be implemented concurrent with the adoption of this MOU. Article 3.03 Drug Free Workplace Statement and Substance Abuse Policy All safety sensitive employees (holders of Class B licenses) must submit to a drug test and an alcohol test upon returning to duty after an absence of thirty (30) days or more, or after being removed from duty because a drug and/or alcohol test detected a prohibited presence of a controlled substance or alcohol in the employee's system. Article 3.04 Department of Transportation Drug Testing Guidelines The parties have agreed upon Department of Transportation Drug Testing Guidelines. Article 3.05 Catastrophic Leave Bank Policy The parties have agreed upon a Catastrophic Leave Bank Policy. Article 3.06 Occupational Illness and Injury Policy The parties have agreed upon an occupational injury and illness policy dated June 23, 2004. Article 3.07 Break Policy All affected employees performing in classifications traditionally described as "field classifications" (generally including employees with the Divisions of Parks, Streets, Water and Wastewater) shall be provided one (1) thirty (30) minute rest-break to be taken near the mid- point of the first four hours of the employees regularly scheduled work shift. Included with this break is all time required to secure the work site, to travel to and from any rest-break location, and to reconvene work at the conclusion of the rest-break. All remaining employees shall be provided a fifteen (15) minute rest-break near the midpoint of every four b curs of scheduled work. In order to ensure that such affected employees are prepared to reconvene performance of their duties precisely at the conclusion of the rest-break, such employees are encouraged to take their break within the building where they are regularly assigned or on the grounds immediately adjacent to the work assignment. As regards lunch breaks, all affected employees are scheduled for either a thirty (30) or sixty (60) minute lunch break depending upon the work assignment. Such scheduling shall be in accord with pre-existing City practices and procedures. Failure by any employee to utilize a rest or lunch break shall not result in any accumulation or other"banking" of said unused time, nor shall such failure result in conclusion of the employees' regularly scheduled shift at a time earlier than scheduled nor shall any unused break time be utilized to extend a lunch break. However, in any instance where management mandates that a 006297.00010 -30- 22877343.1 272 rest or lunch break not be taken because of the need to provide services to the City, then said additional work time shall be compensated in accord with this MOU, City Rules and Regulations and applicable statutory requirements. Additionally, in said circumstances, management does have the discretion to allow for early termination of an employee's regularly scheduled work hours in amounts of time equivalent to the missed breaks. The consumption of food or other refreshments at times other than during rest and lunch breaks is discouraged. This break policy shall be implemented by all supervisory and management personnel and shall prevail over any inconsistent City or Department policy, written or otherwise. Article 3.08 Alternative Work Schedules Bargaining Unit employees shall be assigned to a work schedule as determined by the Department Head. If the employee requests change to the schedule, the Department Head and employee may mutually agree to the change. If the change proves not to be operationally sound, the Department Head may reverse the change. Article 3.09 Education Reimbursement 1. Reimbursement Procedures - Permanent employees may participate in the City's Educational Reimbursement Program. 2. Repayment Upon Termination- Employees who participate in the Educational Reimbursement Program will be required to sign the following agreement: "I certify that I have successfully completed the course(s), receiving a grade of"C" or better. A copy verifying this grade is attached. I agree to refund the City or have deducted from my final paycheck any educational reimbursement funds received under this program if I should leave the City's employ, voluntarily or through termination with cause, within one year after completion of the course work for which I am to receive reimbursement. The amount of refund shall be determined in accordance with following schedule: When Depart Percentage 1 month after course completion 100% 2 months 100% 3 months 90% 4 months 80% 5 months 70% 6 months 60% 006297.00010 -31 - 22877343.1 273 7 months 50% 8 months 40% 9 months 30% 10 months 20% 11 months 10% 12 months 0% 3. Eligible employees may receive no more than one thousand seven hundred fifty dollars ($1,750.00)per calendar year under this program. Article 3.10 Catastrophic Leave Bank The City shall institute a catastrophic leave bank as follows: 1. Purpose - To establish a program whereby City employees may donate accumulated time to a catastrophic sick leave bank to be used by permanent, part-time and full-time employees who are incapacitated due to a catastrophic illness or injury. 2. Definition- A catastrophic illness or injury is a chronic or long term health condition that is incurable or so serious that, if not treated, it would likely result in a long period of incapacity. 3. Procedures A. There is established a joint-employer/employee committee composed of an individual from each recognized employee organization and a representative of City Administration charged with administering the Catastrophic Leave Bank. B. Employees may transfer sick leave, vacation or compensatory leave to the Catastrophic Leave Bank to be donated to an employee who is experiencing catastrophic illness and has exhausted all personal sick leave. Such a transfer can be made on July 1 of each year on forms provided by the City of El Segundo. The employee to receive the donation will sign the"Request to Receive Donation'form allowing publication and distribution of information regarding his/her situation. C. Sick leave, vacation and compensatory time leave donations will be made in increments of no less than one day. These will be hour for hour donations. D. Employees must hold a minimum of one hundred (100) hours of accumulated illness/injury leave after a donation has been made. 006297.00010 -32- 22877343.1 32- 22877343.1 274 E. The donation of time is irrevocable. Should the recipient employee not use all of the donated time for the catastrophic illness or injury, any balance will remain in the Catastrophic Leave Bank to be administered by the committee and utilized for the next catastrophic leave situation. Article 3.11 Temporary Service in a Higher Classification When an employee is qualified for and is required for an appreciable period of time to serve temporarily in and have the responsibility for work in a higher class or position, when approved by the City Manager, such employee, while so assigned, shall receive the entrance salary rate of that class or whatever step thereof that is not less than five percent above his or her present rate, whichever is higher. For the purpose of this section, "applicable period of time" is defined as nine consecutive working days (eight working days if on four-ten plan)or longer. Article 3.12 Promotions In all cases where an employee regulated by Chapters IA3 and IA4 is promoted to a classification in Chapters IA3 or 1A4 for which a higher rate of compensation is provided, then such employee so promoted shall enter into such higher classification at the lowest rate of compensation provided for such higher classification which exceeds by not less than five percent the base rate of compensation, excluding special assignment pay, received by said employee is such given classification at the time of such promotion, unless otherwise ordered by the City Council. All supervisors shall be paid a base rate not less than the next higher base rate than any of their subordinates. In the event that a supervisor is paid a base rate of pay equal to or lower than one of his regularly assigned subordinate's base rate, the supervisor's base rate shall be advanced to a step in his/her salary range which is next higher than any subordinate's base pay exclusive of longevity pay, educational incentive pay, and special assignment pay. Article 3.13 Termination Pay Upon termination of employment during a pay period, pay shall be prorated and paid for each day worked in said pay period and the terminal salary warrant shall include accrued vacation pay to the time of termination. Rate of nav for accrued vacation at the time ofterm imt.ion shall be-at the,4moloyee'S bm!salary hQu rate of nav And not include EPMCC, Article 3.14 Jury Duty Employees shall be entitled to a leave of absence for jury duty subject to compliance with all of the following conditions. A. The employee must provide written notice of the expected jury duty to his or her supervisor as soon as possible,but in no case later than 14 days before the beginning of jury duty. B. During the first two weeks of jury duty, an employee shall be entitled to receive his or her regular compensation. C. For any portion of jury duty that extends beyond the first two weeks, such extended jury duty period shall be without regular pay. 006297.00010 -33- 22877343.1 33- 22877343.1 275 D. Any compensation for the first two weeks of jury duty, except travel reimbursement pay, must be deposited with the Director of Human Resources. E. While on jury duty, the employee must report to work during any portion of a day that the employee is relieved of jury duty for three or more consecutive hours. F. The employee must provide documentation of his or her daily attendance on jury duty. G. However, notwithstanding Section C above, employees may access accrued vacation leave, sick leave and compensatory time if jury duty extends beyond two weeks. Article 3.15 Physical Examinations The City will allow up to two (2)days of accumulated sick leave per year to be used for purposes of physical examinations, subject to submission of a doctor's verification. The City further agrees that requests for sick leave benefits will not unreasonably be denied. Article 3.16 Joint Labor Management Team Pursuant to the meet-and-confer process for 1997-98, it was agreed upon that representatives of the City and the Association shall create joint labor management teams to foster improved communication and productivity. Article 3.17 Disciplinary Action-Authority to Take Modify Personnel Rule 14.4 to include the following: 1. Prior to making a final decision to take disciplinary action involving suspension, demotion, dismissal or reduction in pay, the City Manager shall give written notice of the proposed action to the concerned employee. The notice shall include a statement of reasons that a disciplinary action is being proposed and shall include a copy of the charges being considered by the City Manager. Except when of a confidential nature, the supporting documentation will be provided with the written notice to the employee. A written notice delivered to the employee's last known address shall constitute adequate notice. Article 3.18 Street Maintenance Worker Duties Effective October 1, 2000, the City may utilize employees working in the Street Maintenance Worker I/1I job classification for the purpose of providing concrete maintenance and installation services. The following limitations shall apply: Employees shall not be required to perform such duties for a period exceeding ten (10) hours during each two-week pay period or be expected to pour more than one(1)yard of concrete each week. 006297.00010 -34- 22877343.1 34- 22877343.1 276 Article 3.19 Work Schedules 1.4;40-91£440-MWork Schedule -Roo nniN t.`n p--1 Fail of D13as 8,23]1, full tirrza aI�Ilryee� etheF han !r.'.mr-; aXaff, - ill be aecigncd a 10 Ey v;�34:ing "Vl0'c" (ftir Flu;a a wo (10)h3-&N-3 x da-YL) rl:4�w:as :u�lrrrv�: Effective the first l7ay ►period iry October 2017,gmDlovees in this barvainina unit shall overate an a 9180 work sc�Leojle. Emplovees shall tynica�y be assiened a Mgndav through Friftv 9/80 schedule. The Citi+and ESCEA agree that emnlovees may be assigned intp an"A"and"B" lav their m5pective Dena�ment Heads. such that "A" and 41331 teams work orlraosjte Fridays and. have onnosite Fri,days off. City shall urvvide emnlovees with ninety (901 days' notice of ha e_in their,4ssiFned 9/80 sebodule., &,4 Reduced Workweek Schedule-- Department Heads and the City Manager, in their discretion, may allow employees to work a reduced workweek schedule. The reduced workweek shall be no less than thirty-six (36) hours per week and not less than nine (9) hours per day. The following conditions apply: a. Employees must submit their request in writing to the Department Head. b. Requests will be evaluated to determine if the reduced work schedule poses any service or operational impacts on the Department. c. If approved, requests may be evaluated at any time but not less than annually during the budget cycle to determine if the arrangement can continue. d. Upon written notice, the reduced workweek schedule may be terminated by either party. Advance notice in the form of one pay period will be required. The employee shall then convert to a 4/10 work schedule, consistent with the work hours of employees in that particular work unit. e. Employees working a reduced workweek shall suffer no loss in benefits,to the extent allowed, and will have their pay reduced to reflect the reduction in work hours. f. Reduced work hours "start" and "end" times shall be set by the Department Head or City Manager according to the needs of the department. Article 3.20 Library Work Schedule 1. In accordance with the FLSA 7(b) exemption for CEA Library employees assigned to work evening and weekend hours based upon the unique staffing needs of the Library, Library employees will not work a traditional 4/10 schedule comprised of four days in a week for 10 hours in a day. Instead, the work schedule for these employees will occur on a rotating basis according to department needs, but the work hours for each employee will amount to two hundred and forty (240) hours worked every three (3) pay periods and will not exceed twelve (12)hours per day or fifty-six(56)hours per work week. 006297.00010 -35- 22877343.1 277 2. FLSA 7(b) exemption for Library Employees -_Partial Exemption to overtime provisions under Section 7(b) of the Fair Labor and Standards Act (29 U.S.C. § 207(b)) applies to CEA employees working in the City Library who must work evening and weekend hours (including the classifications of Senior Library Assistant, Library Assistant, Library Clerk II, and Library Clerk 1). In accordance with the 7(b) exemption, employees working in the Library will receive overtime for all hours worked in excess of 12 hours in a day, 56 hours in a work week. Employees working under this exemption may not work in excess of 2,240 hours in a 52-week period. 3. In the event the Library hours of operation are changed during the term of this Agreement,the parties agree to meet and confer for purposes of reviewing the work schedule and making the necessary modifications to ensure the operational needs of the Department are met. Library Administration will not modify the current work schedule until at least 30 days has elapsed from the beginning of meetings with Library employees. Once the 30 day time period has elapsed or sooner if the parties reach an agreement regarding scheduling, the Library Administration may modify the work schedule by providing reasonable advance notice of any changes to employees' work schedules. Article 3.217 AFo Irrylaff Re-Onener •1.Thi;City lrycff✓ l manil=as will va^vr. durwa thr!crrr. cftNrn A4OL' ►$0V_ at AX, time dorms lk: tcin c.P thv ccrxmt the nina! fu" aaWal greac ,v,vtuzr. :.r dfn_,d in ArliiJz 2 fcc any Din W, rrnnth pe.iod Wl w Axl zni anu hzlf pend- (7.511/? bt1✓x the V.i3r fmml)-tar atituel care yruc r-_tva " 5br the 3wmc vx(6)rr/anth psaizzd. a. g3fxz iz:&uiAg viy �aycff's th:- Cit;; i01 : roc *a treat arA vni6c%r in good fait r,ith tha A=r ,;I,un b at pb� c alm-nati•ic;alt.3eving appm2el4es. The nasties agree that during the term of this Agra nt_t.bry S nt_re-open negotiations to discuss modification of the municjaal code that covers the personnel merit +system and, performance evaluation vrocol. _Any-changes are subject to mutual aefermenl. Article.3.22—13indiag Arbitration A. Civil Claims: Bpth the Citv aDd emnlovees covered by this Memorandum of Understanding agree that the claims described in this Section 3.22.A5hall be submitled to and_deteuinc;J exclusively by binding arbitration under the Federal Arbitration Act. in conformity with, the procedures of1he California Arbitration Act ("CAA'1 (Cal. Code Civ. Proc.,$ec. 1280 et. sea. tncludtn section 1283.05 and all of the CA_A's other mandatory a2d� permissive rightg to discoverv). Nothing in thin Memorandum of Understandinja shall revers either party from obgJMq rrq�isional re-rwedies tp the extent norrnitted by Code 006297.00010 -36- 22877343A 36- 22877343A 278 of Civil Procedure Section 1281.8 either before.;he commencement of or during the ar}}jtration process. A!1 rules of oje din _lincludirlgthe right of demurre, .all rules and ijdQ-ment under Code of Civil Procedure fiction_631.8 shall apply and be observed,, �alt�tion of h di5nute s a I be based soiel�ut��n�h la_w_Rovernigq the claims and. defenses nleadetl, 1. The civil claims which are suhiect to final and bindijjg arbjtration shall ingjjj le; but nett be limited to_a_n_an_d_al!aft -related claims or controversies„ such breach of emnlovment a rceunent. breach of the covenant of good faith and fair dealing, negligent sungryision or hiring. wrnnpful discharee in viplafjon of public nolic_y_. us�ra id waves of overtime under theMate and federal wage nament law, breach of nrivacv claims. intentional or negliaent infliction of emotion l distress claims. fraud. defamation. and divulgence of trade secrets. This also. specifically includes claims that could be asserted under all state and fr—deral anti- discrimination laws. includige but not limited to the California Fair Emnjoym=l grid Housing Am Jitle VII of the Civil Rights Act of 1964. tke An piscrimination in Employment Act thg Americans with Disabilities Act. and the Farrltly and MediQj heave Act. and claims for discrimination and harassment ij� emolovment on the bA.sis of race.Aqe. sex. religion. natiWaI origin. alienage, religion. marital status- sexual orientation, disability. n)ritical activity. or agy, other statutorily-latected basis. it shall also include spy and all claims an. emQlovee may have ander the Fair J,abor Standards Act. toe California Labor Code. and the Indwstrial Welfare Commission W_ave Ojders. as well as anv_21hE state and federal statues. This Article 3.22 is further injejttied to snply to agrt, claimmnlovee(a) may have a Ajpst the City and/or any of its directors, emnlpvees. or ager �nd_t4 atty_and ail Hast and future employment relationshins, EmolfLyee may have with the Citv regardless of iob_nositiou pr title. Citv_sha4 also arbitrate all clair os it has against the emolovee under the same rules and regulatiops set forth hereip, 2. Notwithstanding the nrovisjons of this Articjr,, emnlpvees covered ))v this Memorandum of Understandina may elect to file a claim for xorkers' coPlnensation ani unemolovmei3t insurance benefits pith the annronriate state, avencies_ and administrative charges with the Equal EmplovMent Oonortunity_ om '/sign, CalMdA Dep rtrrre g F �r Emnlavment and Hoksin>7. and any similar State aeencv. Unless otherwise required bv_ aonlicableaonlicable law. all other emplovrogrlt-relatedcla9 Tls shall be resolved by f_nal and 6indip arbitration and not by a iury in a court ofiaw. 3. Tg the fullest extent rsermittestby law. emnlpvees c"v red by this Memorandum of Understandi>us_3,gree that thev,5hall not ioin or consolidate claims submittedfpj arbitration nursuant to this Articl_e_3.22.A with tboseo an_v other nersons,,1 nd. that no form ref cj4s5. collective. or renresentative action shall be maintaiped Ivithow the mutual q_omW of the narti Any disovie over the validity. effect,of eno_rcybiiity of tot the nrovisious of this _naraera_nji. jnclgdina whether �je arbitr,gjon may nroceed as class.collective.or representative action. shall be fort court of law and notAn arbitrator to decide., 006297.00010 -37- 22877343.1 37- 22877343.1 279 4. The City shall bear the cW t.,� of any.arbitration conducted pursuant to this Artjcle, 3.22.A. ir;cluding the comnensation of the Arbitrator. all administrative expenses,. end CSR tra c Li-ts. Except asmav_otherwise be reauired by law. the part' shall he resnonsible fpr their own attorneys' few and costs incurred inpre5@ntin2 their C,ase to the Arbitrajor, The Arbitrator shall lender a written award within -30 days after the matter is sum);]gd far._��� he sv prNtrator shall he final and bindirye on the Cit_y_._t_he Association and the emnlovee. 5. The arbitration shall be held before a single arbitrator,who shall be an attorr�y—t law and an experienced emn12vment law arbitrator. The arbitrator shall be rrtitualiv selected by the narties. The ,arbitrator shall have the nower to award all, IW felief available iph court of law, incluAinv. any and all damages than#may be available for any of the claims asserted. In addWj))i_ each of the oarties bft)l retain al]defenses that they would have in a ip&ial includiog defenses based on the a iratio i fi and that t.La�damases. binP wAwht,Zre not authorized or,are excessive. B. Anneal of❑iscioline The Parties uV erstand that emolovees covered by t1li5 Memorandum of[Jr_ierntanding are entitled to disciplinary annezl procedures under the City's Personnel Meri; Svstem Administrative Code. Under Adulinistrative Code 1-6-8. e e hay-e-the right 10 t1r. i.V5 Angeles Couilty (:ivii Service Commissjnn hear anneals from disrpiwl. demotion.and s1ipensions for a period of six(6)days or lQnPer. The Parties apree thpi an emnlovee covered by this Memorandum of [Inde nding may ant to hale t_hes_e c ' si i ndfrn la 1. The arbitraliprt shall be held before a single arbitrAtpr. who shall be ap exnerie �e� lahnr and emn�ygEent, law W h ll e c# arbitrator frpm a list of seven arbitrators provided by The State Mediation and. Conciliation &rvice. If the rwties are unable to reach on ae'reement in the selection ofah=ring officer.each.�,Wl strike names from the_list_until a Final name_ is selected as the."itrator, 2. The City shall nay the costs of the?rbitrator and court reoortera 'f a couri reporter is reaue5ted by the narties. Toe parties shall be resnonsib]e for their awp attorneys' fees ani COSts, incurredh _oresentine their case #o the Arbitrator. 3. Anv dispute over the validity. effeO, Dr enforceability of the orpvisions of this. Article 3.22.B. shall be for a court of law and not an arbitrator to decide. 4. Under this Section.,.3.23.13- the A-rhitratnr's authority will be limited to, pn—ninin& Whether the Cttv has satisfied the seve>, tests of iust cause: and. ifr<nt. what is the _ppronriate remesiv. The Arbitrator shall render a written award within 30 dav,, after the matter is-.submitted for determination. and the award of the arbitrator 006297.00010 -38- 22877343.1 280 shall he final and binning an the Citv. the Asggciation and the et-9n1pyee. The, Arbitrator may not increase the level of discipline. 5. At least ten business jlays before the scheriuled arbitration. The narties shall exchw3g4 the following' infoi-Mgtion: fit a list of ajl witnesses each narty intends, to call durijV its case-in-chief and (ii)conies of all doctsments each Darty intend$ to introduce Burin . i is case-in-chief Contract Inti retation ❑isnuteA The Parties agree that any frieva ce filed under Article 1.13 of this Memorandu f Ypgpstandl.R that isRn allegation of a violation. misintemretatigrt, or misannlication of this 112QJ.I. shall he sjLhjkct to fE.q and binding rhitration. The Association must file a written T-Qpest for final and binding arbitration wit in tett A 0)days of recent of the City,s resnonse at Level IIT. I. The arbitraxinn shall be held before a single arbitrator. who shall be ars experienced labor and emnlovmerit law arbitrator. The narties shall select an arbitrator from a list of seven arbitrators Provided by the State Mediation and Co .i iation Service_ If tlae parties are unable to reach an A rp�,ment in the selection of hearin_e officer,each shall strike rratnes from the list until a final name, is selected as the Arbitrate, 2. The City shall nav the costs of the arbitrator acid court renorter fees and tr�},p,ScrigL if a court renorter is reapested by the narties. The parties shall be responsible far their owg attornevs' feqgs and costs incurred is3 presenting their case to the Arbitrator. 3 ,Any_dis z oygi he validity. effect,_gr enforceability of thf, nroyisio5 of this Article 3.2,3.C. shall be for a court of law and not an arbitrator to decide, 4. The Arbitrator's authority will be i ited to interoretjU thL provisions of the. Memorandum of Vnderstandin>s jlpi the Arbitrator has rto authority to add to— subtract from,, or modifv the Metrroyan4urn of Understapding_ltt_ ov way. The A-rbitrator shall have the authority to dgermine ouesdons of al•bitxabil.ity of contract intenretation disouto. The Arbitrator shall render a written award within 30 days, after jbf matter is submitted for determination. and the award of the arhitrator shall.be final and bindirtgAn the Citv.the Associatiot7 and the emnlovee.. 5. At Ic sin business days Before the sche Wed arbitration, the ioarties--shall exchange the following inform ton• (i) a list of all witnesses each party intends. to call duriv its case-in-chief: and (ij)conies of all documents each party intend tp introduce duriai its casein-chie . D. This Article 3,22 is entered. into under the California Arbitration Act and the Mever.%- Milias-Browls Act and sbAll be internreted and co>lstrued in accordance with the law and. procedures dxveloned unde,[those respective statutes., 006297.00010 -39- 22877343.1 39- 22877343.1 281 Article 3.23—Ad Hoc J,pmn Suui Pavrgent No later t p the second pav neripd in Andl 2019. the Citv shall_issue to eaarh emnlovee in the bareainine unit.,a=-timad=hoc 1umn SUM payment of$750. This one-time ad_hoc pAvment i-5, urlc,Qnnected to Der fam aig and shall not be reflected on any City pRv or salary schedule. shall. not,be the basis for gnv future njgDjiated salary increases. and shall not be reported as comne kation earnable to CalPF,RS. If_nermisslble under IRS reeul_ations. rtp�I,eduGtions shall he taken from these pgyments. The Association agrees that itshall flig a dismissal of PE KB UPC,LA-CE-I225-M_roJ-ater thar. Aurb 30.2019. 006297.00010 -40- 22877343.1 40- 22877343.1 282 APPENDIX A BARGAINING UNIT CLASSIFICATIONS CITY MANAGER Community Cable Program Specialist Computer Graphics Designer Nlat,,xl:AiriE4H4 Senior Network Assistant CLERICAL AND SECRETARIAL Senior Administrative Specialist Administrative Specialist Administrative Technical Specialist(Public Works) Office Specialist II Office Specialist I Records Technician BUILDING SAFETY Senior Building Inspector Building Inspector II Building Inspector I License/Permit Specialist II License/Permit Specialist I Office Specialist 11 ENGINEERING Civil Engineering Assistant Engineering Technician Public Works Inspector EQUIPMENT AND BUILDING MAINTENANCE CLASSIFICATIONS Custodian Equipment Mechanic II Equipment Mechanic I Equipment Service Worker Facilities Systems Mechanic Fire Equipment Mechanic 006297.00010 -41 - 22877343.1 41 - 22877343.1 283 PLANNING CLASSIFICATIONS Assistant Planner Planning Technician Office Snecialist 11 STREET MAINTENANCE CLASSIFICATIONS Street Maintenance Leadworker Street Maintenance Worker II Street Maintenance Worker I WA TERIWA STE WA TER CLASSIFICATIONS Water Maintenance Leadworker Meter Reader/Repairer Water Maintenance Worker 11 Water Maintenance Worker I Wastewater Maintenance Leadworker Wastewater Maintenance Worker II Wastewater Maintenance Worker I FINANCE CLASSIFICATIONS Accounting Technician Accounts Specialist II Accounts Specialist I Revenue Inspector License/Pennit S,uscialist 11 License/Permit SpecialistA Office Snecialist li Office Snecialist 1 FIRE CLASSIFICATIONS Fire Prevention Specialist LIBRARY SERVICES CLASSIFICATIONS Senior Library Assistant Library Assistant Library Clerk II Library Clerk I RECREATIONAND PARES CLASSIFICATIONS Recreation Coordinator 006297.00010 -42- 22877343.1 42- 22877343.1 284 Maintenance Craftsworker Tree Maintenance Worker Park Maintenance Worker II Park Maintenance Worker I Pool Maintenance Technician Senior Park Maintenance Worker POLICE CLASSIFICATION'S' &' r- Vcant Iw/Atigaio 11 clime !Ilvwtisatar i -'.1.lis3 Cadat(Pirmamolm P-xA 096297.00010 -43- 22877343,1 43- 22877343.1 285 For the City Employees' Association: For the City: Nick Petrevski Da:g 't.'illnalo rarrnt�r President City Manager hliia 1*D,,i:i tic ',} �q Griff l Dckcmh Cul!@aJoe Lillip Vice President Director of Finance/Human Resources :rornar,,Jo 9�aABrenna Caller, Mcx-thw 0.. Dijh3tna,David Serrano Secretary Human Resources Manager Kirr.!!tr$cr-✓artar,Lisa Bruto Treasurer WiUmn ftapaza bim AmPzcu, Sergeant-of-Arms Wendell Phillips ESCEA U�nim n vYra nIa!i.e ief Newiator Date 006297.00010 -44- 22877343.1 44- 22877343.1 286 EL SEGUNDO CITY COUNCIL MEETING DATE: March 19,2019 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding a request to allow a new restaurant(JETTA)to serve beer and wine for on-site consumption.JETTA is located at 243 Main Street,within the Downtown Specific Plan area. EA 1236 AUP 18-07. Applicant: SISSNME, LLC. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Receive and file this report without objecting to the issuance of the alcohol permit for the new restaurant at 243 Main Street; and/or 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Crime and Arrest Statistics by Reporting Districts (RD) for July to December 2018 2. Police Reporting Districts Map 3. Administrative Use Permit approval letter and conditions, dated February 19, 2019 4. Planning Commission Staff Report, dated February 28, 2019 FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A STRATEGIC PLAN: N/A ORIGINATED BY: Brenna Callero, Assistant Planner REVIEWED BY: Sam Lee, Planning and Building Safety Director APPROVED BY: Greg Carpenter, City Manager, On February 19, 2019, the Director of Planning and Building Safety approved an Administrative Use Permit application with conditions of approval, allowing the sale of beer and wine at JETTA, located at 243 Main Street. Planning Commission Received and Filed the Director's decision on February 28, 2019. Pursuant to City Council direction from 1995, this matter is brought to the Council's attention at this time. Analysis According to the most recent Crime and Arrest statistics report prepared by the Police Department, the proposed restaurants are located in Reporting District(RD) 108 Based on the July-December 2018 data reported by the Police Department, the district had a total of 55 Part I & II crimes and 17 felony/misdemeanor arrest. This rate is 279% higher than the City's average. The Police 12 287 Department and the Planning and Building Safety Department do not object to the issuance of the alcohol permit for the new restaurant. The Planning Commission's decision to receive and file the Director's decision on February 28, 2019 granted approval for an Administrative Use Permit. The approval will allow JETTA to serve beer and wine during their hours of operation from 11:30 AM to 10:00 PM Mondaythrough Friday, and 12:00 PM to 10:00 PM on weekends, with alcohol service operating at the same hours. The restaurant has roughly 460 square feet of dining area. The project site is located in the Downtown Specific Plan area. Restaurants are a permitted use by right. On-site and off-site sale of alcohol at a restaurant requires an Administrative Use Permit in accordance with the Municipal Code. As noted above, this permit was approved by the Director of Planning and Building Safety and confirmed by the Planning Commission. The ABC license review process is separate from the City's AUP process. ABC is responsible for running a complete background check on all alcohol license applicants, as well as conducting site inspections, before issuing any type of alcohol license. The City reviews compatibility issues. Environmental Review The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations §15301 as a Class 1 categorical exemption (Existing Facilities). Conclusion Staff recommends that the Council receive and file this report without objecting to the issuance of a new alcohol permit for the site, or alternatively discuss and take another action related to this item. 288 =1 q P19IYV Dn P10� lf:F D;�P !P;Op_ENT REPORTED PERIOD: ,7ULY- DECEMBER 2018 REPORTING PAR PART I 11 CRIMES AND OANYI�ISDS BY REPORTING DISTRT�CT�VERAGE BY RD NYS ( D DIS TOTAL OJICT CRIMES ARRESTS PERCENTAGE+/. 0 27 16 43 +12611/o 102 18 7 25 +32'% 103 5 0 5 -74% 104 14 5 19 0% 105 13 7 20 +50/6 106 2 3 5 -74% 107 37 11 48 +153% 108 55 17 72 +279% 109 2 1 3 -84% 110 2 3 5 -74% 111 34 7 41 +116% 112 16 5 21 +1190 113 38 11 49 +158% 114 1 1 2 -89% 115 10 4 14 -26% 116 3 2 5 -74% 201 7 3 10 47% 202 14 5 19 0110 203 9 0 9 a3% 204 6 5 11 42% 205 24 6 30 +58% 206 10 2 12 -37% 207 31 10 41 +116% 208 18 3 21 +11% 209 21 3 24 +26% 210 27 10 37 +95% 211 24 9 33 +74% 212 16 3 19 0% 213 7 1 8 -589/6 301 14 6 2.0 +516/0 302 7 3 10 47% 303 5 1 6 a% 304 2 1 3 -84% 305 14 4 18 -5% 306 6 2 8 58% 307 13 2 15 -21% 308 34 11 45 +137% 309 6 4 10 47% 310 3 2 5 -74% 311 11 5 16 -16% 312 11 4 15 -21% 313 2 2 4 -79% 314 0 0 0 0% 315 6 4 10 47% 316 4 2 6 a% 317 15 2 16 -16% 318 53 12 65 +242% 319 26 9 35 +8490 320 7 2 9 -53% 321 1 1 2 -89% 322 2 0 2 -89% 323 4 2 6 TOTALS 737 241 977 Number of Reporting Districts=52 Average#of Part I&II Crimes per Reporting District=14 Average#of Felony/Misdemeanor Part I&II Crime Arrests per Reporting District=5 Average#of Crimes and Arrests per Reporting District=19 (Results from 07101/2018 through 1213112018) High Crime Area per B&P Cade 5ectiOn 23953.4=X20% RECORDS/EJ PAGE I 1/22/2019 289 EL SEGUNDO POLICE DEPARTMENT HIGH CRIME AREA MAP EL SC 'UI,ID0 POLICE DEPARTMENT ,.tos IMPS AL ptpEpIAL ytwY .,,i:.,,i, 1ArPER1Al S " ACACIA AC+tCW ZOt-f'+ NLI, - ImPCIII 101 sox .1oa; 201 202 20a ! r f aG2 �•Q —EI ,��� vrAwur � N wnlNur YCI7AOam SYCMsORE 397 OA KkO 195 v OAl[ z 3{ tl �E w >"}RPi;E-AVE=='1 0 05 u 296 20 804 307 303 , 506 19 1 q aunt R 398 Y A1ARl�Sn 109 O MARIPOSELM A AVE06 -ice PINE yy Me 1 10T 103 S 210 y 2te 20B 396 309 a10 04 vxi - c y E J_._.1 � g V GRAND GgpR'AVf 81d P O y� 2 r�u�$ OFR f- K s27 I A 173 ;�1 ELSEr4JYKl 212 all 3 �- 313 916 1 �I SPU EL SEGNNDO EL 5EGONDO BLVD V E EL SEGIINC9 BLS E EL�j�r tle..:. 213. '� I �m r'ry 213 ., �yS m 4 316 132x 923 P 17 9 � 116 xLr ;ti I u7Ax lid T ytUG XA N p 321.'• ALA' COML 320 W / g RtR 318 P�a1l PL MAWtI 5 :1 6 ass 7fl yy ..._ lie R.USECRAMS,AIV, r ROSECRANy� .n�ruas-I rs c CITY OF EL SEGU'NDO RECORDS/EJ PAGE I 1/27/2019 290 EL BEGUNOO •+Ruga-- Planning Building Safety Department February 19, 2019 Amonrat Jettaporn, Steve Hansen 243 Main Street EI Segundo, CA 90245 RE- Environmental Assessment 1236: Administrative Use Permit 18-07 Address: 243 Main Street, EI Segundo; CA 90245 Dear Ms. Jettaporn and Mr. Hansen: Your request for an Administrative Use Permit allowing the sale and dispensing of beer and wine (Type 41) at the proposed JETTA Restaurant is approved and subject to the conditions of approval in the attached Exhibit A. The associated environmental determination and findings supporting the decision are described in Exhibit B. Please note that this letter does not constitute the City's final decision in this matter. This determination is scheduled to be "received and filed" by the Planning Commission at the February 28, 2019, meeting. Any Planning Commissioner may request that this permit be discussed and a decision be made by the Commission instead of "received and filed." Should you have any questions, please contact Brenna Callero, Assistant Planner at (310) 524-2342. Since ely, Sam Le , Director Department of Planning and Building Safety 291 Exhibit A CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ("ESMC"), Amonrat Jettaporn and Steve Hansen of Jetta ("Applicant") agree that they will comply with the following provisions as conditions for the City of EI Segundo`s approval of Administrative Use Permit No. 18-07 ("Project Conditions"): 1. The hours of operation to sell alcohol for on-site consumption is limited to between 11:30 am and 10:00 pm Monday through Friday, and 12 pm to 10:00 pm on weekends. Any change to the hours of operation or the hours that alcohol may be served is subject to review and approval by the Director of Planning and Building Safety. 2. Any subsequent modification to the project as approved must be referred to the Director of Planning and Building Safety for approval or a determination regarding the need for Planning Commission review of the proposed modification. 3. The Planning and Building Safety Department and the Police Department must be notified of any change of ownership of the approved use in writing within 10 days of the completion of the change of ownership. A change in project ownership may be cause to schedule a hearing before the Planning Commission regarding the status of the administrative use permit. 4. The applicant must obtain and maintain all licenses and comply with all regulations of the Alcoholic Beverage Control (ABC) Act (Business & Professions Code Section 23300) and the regulations promulgated by the Board, including the regulations set forth in 4 Cal. Code of Regs. §§55, of seq. 5. All employees tasked to sell alcoholic beverages must provide evidence that they have either: a. Obtained an ABC-issued certificate for completion of the Leadership and Education in Alcohol and Drugs (LEAD) program; or, b. Completed an accepted equivalent training offered by the ABC district office to ensure proper distribution of beer, wine, and distilled spirits to adults of legal age. c. If a prospective employee designated to sell alcoholic beverages does not have LEAD or equivalent training, then the applicant must within 15 days of this decision confirm with the Planning and Building Safety Department that a date is scheduled with the local ABC district office to complete the LEAD course. d. Within 30 days of taking LEAD or equivalent course, employees or their employer must deliver each required certificate showing completion to the Police uepartment. 292 6. The licensee must have readily identifiable personnel to monitor and control the behavior of customers inside the building premises. Staff must monitor activity immediately adjacent to the property under the establishment's control to ensure the areas are generally free of nuisances. 7. If complaints are received regarding excessive noise, or other nuisances associated with the sale of beer, wine, and distilled spirits the City may, in its discretion, take action to review the Administrative Use Permit and add conditions or revoke the permit. 8. There must be no exterior advertising of any kind or type indicating the availability of specific alcoholic beverage products. 9. The building must not be occupied by more persons than allowed by the California Building Code, as adopted by the ESMC. 10. The building and any outdoor seating must comply with the California Building and Fire Code requirements, as adopted by the ESMC. 11. The Applicant agrees to indemnify and Fold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney fees), injuries, or liability, arising from the City's approval of Environmental Assessment 123E or Administrative Use Permit 18-07. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment 1236 or Administrative Use Permit 18-07, the Applicant agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section, "the City" includes the City of EI Segundo's elected officials, appointed officials, officers, and employees. 12. Amonrat Jettaporn and Steve Hansen, of JET-TA must acknowledge receipt and acceptance of the project conditions by executing the acknowledgement below. These Conditions are binding upon Amonrat Jettaporn and Steve Hansen, and all successors and assigns to the property at 243 Main Street, EI Segundo, CA 90245 until superseded by another approval letter or rescinded. Steve Hansen, Applicant Amonrat Jettaporn, Applicant 3 293 Exhibit B Environmental Determination and Required Findings Environmental Assessment 1236: After considering the above facts and findings, the Director finds this project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations §15301 as a Class 1 categorical exemption (Existing Facilities) because the proposed project consists of the permitting of existing private structures and involves a negligible expansion of the use. Administrative Use Permit 18-07: The following are the facts in support of each finding for this decision: Finding 1: There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located. 1. The project is located within the Main Street Transitional District of the Downtown Specific Plan, where restaurants are permitted by right. It is replacing a former restaurant in a commercial area and is in proper relation to commercial adjacent uses within this area. The project is situated in a environment that includes retail, service uses, and other restaurants nearby. Finding 2: The proposed use is consistent and compatible with the purpose of the Zone in which the site is located. 1. The zone of the property is Downtown Specific Plan (DSP). The Main Street Transitional District of the DSP serves as a gateway to the Downtown Core. The standards for this district allow for flexibility and a mixture of commercial uses serving the residents, local employees, and visitors to the city. The DSP's goals provide consistency and reflect the vision of the General Plan, including facilitating economic development and promoting compatible land uses. The intent of the DSP is met by having several types of uses occupy several storefronts in one building. The proposed restaurant and the addition of alcohol sales as an ancillary use are consistent with this purpose. Finding 3: The proposed location and use, and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 1. The sale of alcohol will be within an existing restaurant and no new construction is proposed as part of the request for an alcohol license. The proposed closing hours are 10:00 pm every day, so it is unlikely that the consumption of alcohol in a restaurant setting will cause the establishment to become a nuisance. 4 294 Finding 4: Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized and mitigated. 1. The consumption of beer and wine will not create any new impacts that would not be normally associated with the operation of a restaurant. Finding 5: The State Department of Alcoholic Beverage Control has issued or will issue a license to sell beer, wine and distilled spirits to the Applicant. 1. The City expects the Applicant will obtain a license from the State of California Department of Alcoholic Beverage Control for on-site sale and consumption of beer, and wine for restaurants (Type 41). In the event the Applicant does not receive such license, the City's approval will be null (Condition No. 4). 5 295 EL SEGUNDO PLANNING COMMISSION MEETING DATE: February 28, 2019 AGENDA STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding approval of Environmental Assessment 1236: Administrative Use Permit 18-07 for On-site alcohol sales for a proposed restaurant at 243 Main Street, El Segundo, California. The project is categorically exempt from the requirements of the California Environmental Quality Act(CEQA)pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). Address: 243 Main Street Applicant: Amonrat Jettaporn, Steven Hansen RECOMMENDED PLANNING COMMISSION ACTION: Receive and file ATTACHED SUPPORTING DOCUMENTS: Approval letter dated February 19,2019 ORIGINATED BY: Brenna Callero, Assistant Planner !31C REVIEWED BY: Gregg McClain. Planning Manager APPROVED BY: Sam Lee, Director of Planning and Building Safety v On February 19, 2019 the Director granted approval of an Administrative Use Permit for a Type 41 license for on-site consumption of beer and wine at 243 Main Street. The approval includes conditions that protect the City and surrounding users from potentially negative impacts associated with alcohol consumption. The conditions, findings of approval, and environmental assessment are provided in the attached approval letter. Staff believes that the project is appropriate for the location and will not operate in a manner that will create detrimental impacts, and so recommends that the Commission receive and file this report. 1 296 EL SEGUNDO CITY COUNCIL MEETING DATE: March 19, 2019 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding an update since the implementation of the City's Social Host Ordinance. (Fiscal Impact: None). RECOMMENDED COUNCIL ACTION: 1. Receive and file; 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: N/A FISCAL IMPACT: N/A Amount Budgeted: $0 Additional Appropriation: N/A Account Number(s): N/A STRATEGIC PLAN: Goal: 2. Support Community Safety and Preparedness Objective: 1. El Segundo has a proactive approach to risk and crime ORIGINATED BY: Dan Kim, Lieutenant REVIEWED BY: Bill Whalen, Chief of Police APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: On September 18, 2018, City Council approved Ordinance No. 1567 (also known as the Social Host Ordinance)which prohibited the hosting,permitting or allowing of gatherings at which persons under 21 years of age are consuming alcoholic beverages or using marijuana. The goals of the ordinance were to deter the use of marijuana and the consumption of alcoholic beverages by minors and hold responsible those persons who encourage, are aware of, or should be aware of this illegal conduct by minors but fail to take reasonable steps to prevent it. Since its adoption, the Police Department has not encountered incidents which met the criteria requiring enforcement of the Social Host Ordinance. As a result, no individual(s)have been cited for or fined for a violation of the ordinance. 13 297 RECOMMENDATIONS: The Police Department recommends the City Council receive and file this report. 298 EL SEGUNDO CITY COUNCIL MEETING DATE: March 19, 2019 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to approve Final Vesting Parcel Map No. 73137 for a four-unit commercial mixed-use condominium subdivision located at 123, 123A, 125, and 127 Nevada Street. (Fiscal Impact: N/A) RECOMMENDED COUNCIL ACTION: 1. Approve Resolution approving and accepting Final Vesting Parcel Map No. 73137; 2. Authorize the appropriate City Officials to sign and record said Map; and/or 3. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Vesting Parcel Map No. 73137 and related Resolution 2. Planning Commission Resolution Nos. 2776, 2822, and 2838 FISCAL IMPACT: None. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A STRATEGIC PLAN: Goal: Champion economic development and fiscal sustainability. Objective: Promote economic growth and vitality for business and the community. PREPARED BY: Maria Baldenegro, Assistant Planner REVIEWED BY: Gregg McClain, Planning Managerws� Sam Lee, Planning and Building Sa ety Director` Lifan Xu, Public Works City Engineer l�7 APPROVED BY: Greg Carpenter, City Manager. Background and Discussion On May 28, 2015, the Planning Commission held,a public hearing on the proposed subdivision located at 123, 123A, 125, and 127 Nevada Street. Subsequently, the Planning Commission adopted Resolution No. 2776 approving Environmental Assessment No. EA-1097 and Subdivision No. SUB 14-14 for Vesting Tentative Parcel Map No. VTPM 73137. On June 22, 2017, the Planning Commission adopted Resolution No. 2822 granting a one-year extension of the Map, and on June 14, 2018, the Planning Commission adopted Resolution No. 2838 granting a second one-year extension of the Map. 14 299 The Final Vesting Parcel Map conforms to the Vesting Tentative Parcel Map and has been reviewed and approved by the Los Angeles County Department of Public Works. City staff has determined that the Final Vesting Parcel Map No. 73137 is in substantial conformance with the General Plan and applicable zoning and building ordinances. The Final Vesting Parcel Map is now ready for approval by the City Council. After approval, it will be recorded at the County Recorder's Office by the Los Angeles County Department of Public Works staff. PAPlanning&Building Safety\_Planning\Projects\1076-1100\EA-1097 123 Nevada MapTINAL MAP&COUNCIL REPORT\EA-1097.CC staff report.doc 300 RESOLUTION NO. A RESOLUTION APPROVING A FINAL VESTING PARCEL MAP NO. 73137 FOR ENVIRONMENTAL ASSESSMENT NO. EA-1097 AND SUBDIVISION NO. SUB 14-14 FOR A 4-UNIT COMMERCIAL MIXED- USE CONDOMINIUM SUBDIVISION LOCATED AT 123, 123A, 125, and 127 NEVADA STREET The City Council of the City of EI Segundo does resolve as follows.- SECTION ollows:SECTION 1; The City Council finds and declares that: A. On November 24, 2014, Smoky Hollow, LLC filed an application for Environmental Assessment No. EA-1097 and Subdivision No. SUB 14-14 for Vesting Tentative Parcel Map No. VTPM 73137 for a four-unit mixed- use commercial condominium development; B. On May 28, 2015, the Planning Commission adopted Resolution No. 2776 approving Environmental Assessment No. EA-1127 and Subdivision No. SUB 15-09 for Vesting Tentative Parcel Map No. VTPM 73137; C. On June 22, 2017, the Planning Commission adopted Resolution No. 2822 granting a one-year extension of the Map, and on June 14, 2018, the Planning Commission adopted Resolution No. 2838 granting a second one-year extension of the Map; and D. The Final Vesting Parcel Map now requires approval by the City Council. SECTION 2: Final Map Findings. Based upon the entirety of the record including, without limitation, the staff report, the City Council approves Final Vesting Parcel Map No. 73137 for the following reasons: A. The Final Vesting Parcel Map substantially conforms to Vesting Tentative Parcel Map. 73137 approved by Resolution No. 2776; and B. The Final Vesting Parcel Map conforms to the EI Segundo Municipal Code and Subdivision Map Act (Governmental Code §§ 66410, et seq.). SECTION 3: Authorization. The Director of Planning and Building Safety is hereby authorized to sign and record said Map and take any further actions needed to effectuate this Resolution. SECTION 4: This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution. -1- 301 SECTION 5: The City Clerk is directed mail a copy of this Resolution to Smoky Hollow, LLC and to any other person requesting a copy. SECTION 6: This Resolution is the City Council's final decision and will become effective immediately upon adoption. PASSED, APPROVED AND ADOPTED this 19th day of March, 2019. Drew Boyles, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of EI 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, approved and adopted by said City Council at a regular meeting held on the 4th day of December, 2018, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney PAPlanning&Building Safety\_Planning\Projects\1076-1100\EA-1097 123 Nevada Map\EA-1097 CC Final Vesting Map Reso.doc -2- 302 1 PARCEL SHEET 1 OF 2 SHEETS 16,615 S°.Fr PARCEL MAP NO . 73137 IN THE CITY OF EL SEGUNDO COUNTY OF LOS ANGELES STATE OF CALIFORNIA BEING A SUBDIVISION OF LOTS 28, 29, 30, 31 AND 32, TRACT NO. 3012, AS PER MAP FILED IN BOOK 29, PAGE 39 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. FOR CONDOMINIUM PURPOSES swurgn I HEREBY STATE THAT I AM THE SUBDIVIDER OF THE LANDS INCLUDED WITHINE!•ff PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BORDER Q' , UPON A TRUE AND COMPLETE FIELD SURVEY PERFORMED BY ME OR LINES,AND I CONSENT TO THE PREPARATION AND FILING OF SAID MAP AND J' UNDER MY DIRECTION IN OCTOBER, 2015, IN CONFORMANCE WITH THE SUBDIVISION. y REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT # THE REQUEST OF SMOKY HOLLOW LLC, ON OCTOBER 1, 2015. I HEREBY STATE THAT THIS TRACT MAP SUBSTANTIALLY CONFORMS TO THE APPROVED BY: L--'; �; ' ��? vl OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY-THAT ALL THE S* MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS Lyle_ M0.4, $ugplVlpER l INDICATED; .AND THAT THE MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. RECORD OWNER IS; SMOKY HOLLOW LLC, A CALIFORNIA LIMITED LIABIUTY COMPANY O IDcI[ /l� A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS GARY J. ROEHL, R_j NO. 30026 GATE CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS,ACCURACY, OR VALIDITY OF THAT DOCUMENT, BluIS QF BFJ�RRIGS: THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING NO(r14'07'W STATE OF CALIFORNIA ) OF THE CENTERLINE OF CENTER STREET, AS SHOWN ON TRACT NO. 3012, COUNTY OF LOS ANGELES) 11{{ rr M.B. 29, PAGE 39, OF MAPS, RECORDS OF SAID COUNTY. ON }�&r A'Z*l,2016.WOK W. A l i tM r Cyeulr� WHO TPRORorm 10 ME EO+i0 TK SA51M OF TSAn�EvIDEr` 6 B�THE 5THIS 1I 1W f R PERSON(B)WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT THIS SU9DIVISION IS APPROVED AS A CONDOMINIUM PROJECT FOR 4 AND ACKNOWLEDGED TO ME THAT HE/-SHE/THEN EXECUTED THE SAME IN (FOUR) UNITS, WHEREBY THE OWNERS OF THE UNITS OF AIR SPACE WILL HIS/HGR/.IHEIR AUTHORIZED CAPACTIY(IE6)AND THAT BY HIS/HER/THEIR HOLD AN UNDIVIDED INTEREST IN THE COMMON AREAS THAT WILL, IN TURN, SIGNATURE(F',) ON THE INSTRUMENT,THE PERSON(S) OR THE ENTITY UPON PROVIDE THE NECESSARY ACCESS AND UTILITY EASEMENTS FOR THE UNITS. BEHALF OF WHICH THE PERSON(6)ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF (' CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. MER I CpER'tIF1CJ17E: WITNESS MY IWaO O OFFlC I H FY THAT I HAVE EXAMINED THIS MAP;THAT IT CONFORMS 1 SUBSTANTIALLY TO THE TENTATIVE MAP AND ALL APPROVED ALTERATIONS SIGNATURE: f )rkia4 11 �. 71r•:XL. THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION ORDINANCES OF THE PRINTED NAME: ! FiTjc 4&+L,6 r. ;rnur' CITY OF EL SEGUNDO APPLICABLE AT THE TIME OF APPROVAL OF THE MY PRINCIPAL PLACE OF BUSINESS IS IN LOS ANGELES COUNTY TENTATIVE MAP HAVE BEEN COMPUED WITH; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT SECTION 66442 (a)(1)(2)AND (3) HAVE BEEN MY COMMISSION NO. n7IL5 OSa r^. COMPLIED WITH; AND THAT I AM SATISFIED THIS MAP IS TECHNICALLY MY COMMISSION EXPIRES: CORRECT WITH RESPECT TO CITY RECORDS. STEPHANIE KATSOULEAS, R.C.E. NO. 61997 ATE CITY ENGINEER, CITY OF EL SEGUNDO ERE I HBY CERTIFY 4TrW0CIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION OF THE CITY OF EL SEGUNDO, TO WHICH THE LAND INCLUDED WITHIN THIS SUBDPASION OR ANY PART THEREOF IS SUBJECT, ('l'ry ,} '�F��'�Y(; AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL( HEIYE�FY 1HAT THE CITY COUNCIL OF THE CITY OF EL SEGUNDO CRISTA BINDER DATE/ BY RESOLUTION NO. ADOPTED AT ITS SESSION HELD ON THE DAY OF APPROVED THE ANNEXED CIN TREASURER, CITY OF EL SEGUNDO MAP AND SUBDIVISION. PLANNING COM1115510N CFRT1EICATF I HEREBY CERTIFY THAT THE PLANNING COMMISSION OF THE CITY OF EL CITY CLERK OF THE CITY OF EL SEGUNDO DATE SEGUNOO BY RESOLUTION NO. 2734.ADOMM AT ITS OESSION I1ELD ON APPROVED THE ANNUED MAP AND SUBDIVISION. I HEREBY CERTIFY THAT ALL CERTIFICATES HAVE BEEN FILED AND DEPOSITS SAM LEE ATE HAVE BEEN MADE THAT ARE REQUIRED UNDER THE PROVISIONS OF SECTIONS SECRETARY OF THE PLANNING COMMISSION 66492 AND 66493 OF THE SUBDIVISION MAP ACT. CIN OF EL SEGUNDO EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP;THAT IT COMPLIES WITH ALL PROVISIONS OF STATE LAW APPLICABLE AT THE TIME OF BY APPROVAL OF THE TENTATIVE MAP;AND THAT I AM SATISFIED THAT THIS DEPUTY DATE MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT CERTIFIED BY THE CITY ENGINEER. COUNTY SURVEYOR I HEREBY CERTIFY THAT 5£CURITY IN THE AMOUNF 0 S HAS SEPE H F9.fO WITH TF¢FJ[ECNE UIOFFICER,BOARQ OF SUFMSDRS OF THE COUNTY OF LOS ANGELES AS SECURITY FOR THE PAYMENT OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND SHOWN ON BY C / MAP OF PARCEL MAP NO. 73137 AS REQUIRED BY LAW. F6BRIZIO PAOHANO. DEPUTY GATE EXECUTIVE OFFICER, BOARD OF SUPERVISORS L.S. NO, 7274 OF THE COUNTY OF LOS ANGELES,STATE OF CALIFORNIA BY DEPUTY DATE 303 SCALE: 1"=30' SHEET 2 OF 2 SHEETS PARCEL MAP N0 . 73137 14 IN THE CITY OF EL SEGUNDO 1 COUNTY OF LOS ANGELES LEGEND: STATE OF CALIFORNIA ■ a INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP FOR CONDOMINIUM PURPOSES TRACT NO.3012,M.B.2939 FD NAIL,NO TAG,PER CITY ENG TE NO.N15.FITS ALL TIES PER GRAND AVENUE SAID TIE NOTE ACCEPTED AS CL INTERSECTION. ESTABLISHED CL INTERSECTION BY ESTABLISHED CL INTERSECTON PRORATION.FD SPK&W.ILLEGIBLE,NO ON SSMH BY 4 FOUND L&T TIES REF-ACCEPTED AS CL INTERSECTION. c ESTABLISHED CL INTFASECTION PER LACO PWFB OB1B,PG 179. SET L&T TIES TAGGED RCE 30826 ONSSMH BY CL INFERSEC SET ACCEPTED AS CL INTERSECTION. ON SSM BY INTEGED RSECTIODE & FRANKLIN AVENUE q N 89'S3'40'E 883.90' wti f 70. Y20' 165,20' L� 6`178.50' N � W N 8W53'40'E 133,111 ESTABLISHED CLIMERSECTION ON W LACOP 4 0816,PAGES G TIES PER 1 IACEMED AS INMSE ANOM. 1111 LINE OF LOT 21, I ACCEPTEDAS CLINTERSECTON U) NOT A PART Z OF THIS SUBDIVISION 2 LLI lz WILY LINE OF LOTS 21 O 1 4' THROUGH 40,INCLUSIVE.- 510' S'LY LINE OF LOT 27, 25' 25' ESTABLISHED BY /PRORATION PER- 89'S3'S5'E 165.00'_ 111111 ,•ls3.co' 2s. A o SEe08TAt fCR �o 3 ■ `CR _ WLLJ „ f NOT A PART OF THIS F- (% SUBDIVISION 4 N N I 0 o Q Z $ SEE DETA�x A O Z W () a t37.87' 25100o' z N BC'S3'58-C / 184.97' z J � WILY LINE OF LOT 33,' ? ESTABLISHED BY PRORATION PER 5 0' 1 4 25' 25' 7'7' ELY LINEOF LOTS 21 THROUGH 40,INCLUSNE,' W Y NOT A PART OF THIS — J SUBDIVISION FD PK SPK&W,ILLEGIBLE,ON 1' Q NLY SIDELINE OF EL PER CITY ENG.TIE NO.R-24.FITS BEGUNDD BOULEVARD ALL TIES PER SAID TIE NOTE. FD ACCEPTED AS CL INTERSECTION. _H 89'54'12E t32.87 I I -11 CIT ENG. PER CITY ENG.TIE NO.R-25.FITS 10.00'v? ? 10,00' ALL TIES PER SAID TIE NOTE. N 89'54'1 VEE 132.67 ACCEPTED AS CL INTERSECTION, N N 189.65' � 184.85' N 89.54.12"E 334.30 _ °�"`ALE EL SEGUNDO BOULEVARD NOT TO SCSLY LINE OF LOT 40,' &' ' 2 , NOTHING FOUND.ESTABLISHEDY , �7• BY PRORATION.FRS 3 L&T TIES + } PER CITY ENG.TIE NO.24.5.SA SPK&W STAMPED RCE 30826 4 J � � J 7.au' ■+s2nn'1 NOT m 1S Z _ scALE 304 RESOLUTION NO. 2776 A RESOLUTION APPROVING ENVIRONMENTAL ASSESSMENT NO. EA-1097, SUBDIVISION NO. 14-14 FOR VESTING TENTATIVE PARCEL MAP NO. 73137, ADJUSTMENT NO. 14-10, AND SMOKY HOLLOW SITE PLAN REVIEW NO. 14-04 TO ALLOW THE CONSTRUCTION OF A FOUR-UNIT COMMERCIAL MIXED-USE CONDOMINIUM DEVELOPMENT AT 123 NEVADA STREET. The Planning Commission of the City of EI Segundo does resolve as follows: SECTION 1: The Planning Commission finds and declares that: A. On November 24, 2014, Matt Crabbs on behalf of Smoky Hollow, LLC, filed an application for Environmental Assessment No. EA-1097, Subdivision No. SUB 14-14 for Vesting Tentative Parcel Map No. (VTPM) 73137, Adjustment No. ADJ 14-10, and Smoky Hollow Site Plan Review No. SHSPR 14-04, to allow the construction of a four-unit commercial mixed-use condominium development at 123 Nevada Street; B. The application was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the EI Segundo Municipal Code ("ESMC"); C. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); D. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before this Commission for May 28, 2015; E. On May 28, 2015, the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by City staff, public testimony, and Smoky Hollow, LLC's representatives; and F. This Resolution, and its findings, are made based upon the evidence presented to the Commission at its May 28, 2015 hearing including, -1- P:\Planning&Building Safety\0 Planning-Old\PROJECTS(Planning)\1076-1100\EA-1097\EA-1097 PCreso.final.doc 305 without limitation, the staff report submitted by the Planning and Building Safety Department. SECTION 2: Factual Findings. The Commission finds that the following facts exist: A. The subject site is located in the Smoky Hollow Specific Plan and the Medium Manufacturing (MM) Zone; B. The surrounding land uses consist of light industrial developments to the north, south, east and west; C. The project site is rectangular in shape with 125 feet of street frontage on Nash Street and a depth of 133 feet, totaling 16,616 square feet in area; D. The site is currently developed with a one-story light industrial use building approximately 1,712.5 square feet in size with an attached 787 square- foot metal structure; E. The proposed project consists of a single two-story building containing four (4) commercial mixed-use condominium units each approximately 2,400 square feet in area; F. The proposed uses for all four (4) units at the site are: 1,470 net square feet of office, 1,242 net square feet of warehouse, and 6,903 net square feet of research and development; G. The maximum height of the proposed building would be 33'-3"from grade; H. The proposed Floor Area Ratio (FAR) for this project is 57.8% or 9,615 net square feet of floor area. The maximum permitted FAR for this site is 60% or 9,969.6 net square feet of floor area; 1. Vehicular access for the proposed development is provided from a single two-way 20-foot wide driveway located at the rear of the property from an existing 14-foot wide alley; J. The minimum required number of parking spaces for the project is twenty (20) parking spaces and twenty-five (25) surface parking spaces are proposed at the rear of the site. Fourteen (14) of the full size parking spaces will be in tandem arrangement (2 rows of 7); and K. The project must provide a minimum of one (1) small truck loading space. The applicant is requesting to locate the required small truck loading space at the rear of the building within the minimum required 25-foot -2- PAPlanning&Building Safety\0 Planning-0Id1PROJECTS(Planning)\1076-1100\EA-1097\EA-1097 PCreso.final.doc 306 vehicle back-up area of six (6) tandem parking spaces. The truck loading space will temporarily block the vehicle back-up area for 6 tandem parking spaces. An Adjustment is required to allow the small truck loading space to temporarily block the vehicle back-up area of six (6) tandem parking spaces. ESMC § 15-24-1(E) allows Adjustments to the parking and loading standards set forth in ESMC § 15-15-7(A). SECTION 3: Environmental Assessment. The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15305 as a Class 5 categorical exemption (Minor Alterations in Land Use Limitations), § 15315 as a Class 15 categorical exemption (Minor Land Divisions), and § 15332 as a Class 32 categorical exemption (In-fill Development Project). The project consists of the division of property with an average slope of less than 20%, which does not result in any changes in land use or density. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as applicable zoning designation and regulations. The proposed development occurs within city limits on a project site involving four parcels of no more than five acres that is surrounded by urban uses. The project has no value as habitat for endangered, rare or threatened species and approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Additionally, the site can be adequately served by all required utilities and public services. SECTION 4: General Plan and Zoning. The proposed project is consistent with the City's General Plan and the zoning regulations in the ESMC as follows: A. The General Plan Land Use Designation of the project site is Smoky Hollow Mixed-Use. The Smoky Hollow Mixed Use classification permits primarily light industrial uses, including light manufacturing, research and development, warehousing and office uses. The project site has a Medium Manufacturing (MM) Zoning designation that allows manufacturing, light industrial, general offices for research, professional and technical services, research and development, warehousing and distribution, restaurants, public facilities and public utilities. The proposed uses at this site are consistent with both the MM Zone and the General Plan Land Use designation. B. The proposed project is consistent with Land Use Element Goal LU4 in that it provides a stable tax base for the City through development of new commercial uses primarily without adversely affecting the viability of the Downtown. The proposed project is consistent with General Plan Land Use Objective LU4-3 "Provide for new office and research and development uses." At least 70 percent of the project floor area will be devoted to light industrial uses including research and development, and less than 15 percent of the -3- PAPlanning&Building Safety\0 Planning-0Id1PROJECTS(Planning)\1076-1100\EA-1097\EA-1097 PCreso.final.doc 307 area will be devoted to new office uses. The proposed project is consistent with General Plan Land Use Policy LU4-3.6 to "require landscaping, its maintenance, and permanent upkeep in all new office and mixed-use developments." Before issuing permits for the project, City staff will review detailed landscape and irrigation plans to ensure compliance with the City's landscaping, irrigation and maintenance policies and guidelines. C. The proposed project is consistent with Land Use Element Goal LU5 in that it retains and attracts clean and environmentally safe industrial uses that provide a stable tax base and minimize any negative impact on the City. The proposed project is consistent with Policy LU5-2.2 in that all outdoor storage, including trash will be properly screened by masonry walls and landscaping. The project is consistent with Land Use Element Objective LU5-6, in that it encourages a mix of office and light industrial uses in industrial areas. D. The proposed project is consistent with Policy C2-2.2 in that it provides facilities for bicyclists to park and store their bicycles and provide shower and clothes changing facilities at or close to the bicyclist's work destination. The proposed project is consistent with Policy C3-1.8 in that it provides adequate pedestrian and bicycle access; and Policy C3-2.1 in that sufficient on-site parking is provided. E. The ESMC requires review for conformance with the Smoky Hollow Specific Plan. The Medium Manufacturing (MM) Zone within the Smoky Hollow Specific Plan area, allows condominium developments in conformance with ESMC Chapter 15-6D; F. The proposed project meets all the site development standards of Chapter 15-6D of the ESMC; and G. The proposed project complies with the applicable provisions of ESMC Chapter 14-1, since proper notification and a public hearing were provided, proper hearing decision and records will be complied with and the required findings will be considered. SECTION 5: Smoky Hollow Site Plan Review Findings. After considering the above facts regarding proposed Environmental Assessment No. 1097, and Smoky Hollow Site Plan Review No. 14-04, the Planning Commission finds as follows: A. The proposed project is compatible with the intent and purpose of the Specific Plan. The proposed project complies with numerous Goals, Objectives and Policies of the Smoky Hollow Specific Plan (SHSP). The Goals, Objectives and Policies of the SHSP aim to encourage new development and -4- PAPlanning&Building Safety\0 Planning-Old\PP.OJECTS(Planning)\1076-1100\EA-1097\EA-1097 PCreso.final.doc 308 redevelopment of properties consistent with the City's development standards and the SHSP design guidelines. New developments should encourage multiple, medium-sized structures, promote a compatible mix of uses, improve the physical appearance of properties, improve the level of service on City streets and provide safe and convenient pedestrian and vehicular access and circulation. The proposed project will rehabilitate and improve an underutilized site involving five (5) existing 25-foot wide lots for the development of a medium sized mixed-use building, which will contribute to the overall improvement of the area. The new building is of a contemporary industrial design similar to other recently constructed buildings in the area and is compatible with the surrounding light industrial and manufacturing uses in the area. The proposed development is replacing two older light industrial use buildings that will be demolished for a new contemporary and more efficiently designed single building, which will comply with the Smoky Hollow Specific Plan Design Guidelines. Adequate on-site customer parking is provided at the rear of the property from an existing alley with convenient pedestrian access from the Nevada Street sidewalk and from a rear parking lot, which complies with the Smoky Hollow Specific Plan Design Guidelines. B. The plan will not have an adverse impact on the public health, safety, interest, convenience or the general welfare. The proposed project has incorporated design and safety measures to minimize any adverse impact on the public health, safety, interest, convenience or the general welfare. The design provides vehicular access to the site from the rear of the building and off an existing alley. Pedestrian access to the site is possible from the existing public sidewalk facing Nevada Street and from the rear parking lot. Therefore, pedestrian access to the building from the rear parking lot will be safe and convenient. Additionally, the proposed truck loading space will not interfere with vehicular and pedestrian circulation onsite, as deliveries will be scheduled and staggered to take place during non-business hours when most employees are not at the site. C. The site plan is compatible with the intent and purpose of the regulations and design guidelines of the Smoky Hollow Specific Plan. The proposed project complies with the development standards for the Medium Manufacturing (MM) Zone and the design guidelines of the Smoky Hollow Specific Plan (SHSP) by incorporating design elements that are consistent with the SHSP Design Guidelines. The broader design goals specified in the Smoky Hollow Specific Plan Design Guidelines are -5- PAPIanning&Building 5afetyl0 Planning.❑IMP ROJECTS(Planning)11075-11OMEA-1097\EA-1097 PCreso.final.doc 309 to create a quality industrial area; to maintain a distinctively smaller scale development than what exists east of Sepulveda Boulevard; and to enhance the economic potential of the area by attracting quality developments. The proposed project includes three types of metal extruded designs of siding in different three colors (hemlock green, marine green, and cool terracotta) as an accent material, which will articulate the fagade along Nevada Street. In addition, a warm tan stucco exterior finish is proposed on the exterior facade. The combination of materials provides an aesthetically pleasing and interesting building elevation. The building design makes extensive use of glass windows, large garage roll-up doors for each unit facing the street and transoms for light at each door entrance to the four units. The front elevation of the building also has five-foot offsets on the ground floor sheltering the primary entry to each unit facing Nevada Street. The proposed project is consistent with the Smoky Hollow Specific Plan Design Guidelines in that: a) the building design includes a variety of desirable materials and warm colors; b) the site will have sufficient landscaping in the front yard setback and parking areas, including a variety of plant species; and c) parking, trash storage and loading will be at the rear of the building and screened from public street view. SECTION 6: Subdivision. The Planning Commission cannot make any of the findings for denial set forth in ESMC §14-1-6 for the following reasons: 1. The proposed map is consistent with applicable general and specific plans as specified in Government Code § 65455. As set forth in Section 4 and 5 of this draft Resolution, this project meets the goals and objectives of the General Plan and the Smoky Hollow Specific Plan. 2. The design of the proposed subdivision is consistent with applicable general and specific plans. As set forth in Section 4, this project meets the goals and objectives of the General Plan and is consistent with the Smoky Hollow Specific Plan. 3. The site is physically suitable for the type of development. The subject site is 16,616 square feet in area. The proposed project, a single 14,495 square-foot building containing a four-unit commercial mixed-use condominium development complies with all site development standards with the granting of an Adjustment and is therefore physically suitable for the site. As set forth in Section 4, this project meets the goals and objectives of the General Plan. -6- PAPlanning&Building Safety\0 Planning-Old\PROJECTS(Planning)11076-1100\EA-1097\EA-1097 PCreso.final.doc 310 4. The site is physically suitable for the proposed density of development. The proposed project involves the construction of a four-unit condominium development on a 16,616 square-foot property in the Medium Manufacturing (MM) Zone. The maximum permitted floor area ratio (FAR) for the site is .6 or 9,969.6 net square feet of floor area and the proposed FAR is 57.8%, or 9,615 net square feet of floor area. Therefore, the site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are unlikely to cause substantial damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed project site is located in an urbanized area on a previously developed lot. Therefore, the proposed four-unit condominium development is not likely to result in any substantial environmental damage or cause injury to fish or wildlife or their habitat. 6. The design of the subdivision and the type of improvements are unlikely to cause serious public health problems. There is no evidence demonstrating that the proposed four-unit condominium development is likely to cause any serious public health problem. In addition, before the city issues grading or construction permits, staff will review detailed plans to ensure compliance with applicable safety regulations. Thus, the proposed development is unlikely to cause any serious public health problem. 7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The subdivision of the new four-unit condominium will not conflict with any known easements located on, or near the property. SECTION 7: Adjustment Findings. After considering the above facts, the Commission finds as follows: a. That the proposed adjustment would not be detrimental to the neighborhood or district in which the property is located. The adjustment involves a minor deviation to the minimum required 25- foot vehicle back-up area for six (6) tandem parking spaces. The depth and size of the lot make the applicant's request reasonable. Approving the adjustment will not be detrimental to neighboring properties or the zoning district in which the property is located. The proposed small truck loading space would temporarily block the vehicle back-up area for six (6) tandem parking spaces and only four (4) businesses will be sharing this truck loading space. Therefore, the -7- PAPlanning&Building Safety\0 Planning-Old\PROJECTS(Planning)\1076-1100\EA-1097\EA-1097 PCreso.final.doc 311 proposed Adjustment is consistent with the Smoky Hollow Specific Plan Goals, Objectives and Policies which allow for "less restrictive site development regulation requirements in the small business area." (ESMC § 15-11-2(C)(7)(1)). The proposed Adjustment is also consistent with the Smoky Hollow Specific Plan which aims to provide "maximum flexibility in parking design in order to achieve more efficient site design." (ESMC § 15-11-3(E)(1)(b)(3)). B. That the proposed adjustment is necessary in order that the applicant may not be deprived unreasonably in the use or enjoyment of his property. Four new commercial mixed-use condominium units are proposed. The proposed development for the site requires 20 parking spaces and 25 parking spaces will be provided. The project meets the minimum required number of parking spaces required and provides one on-site truck loading space consistent with ESMC requirements. The proposed adjustment is necessary to provide a sufficient number of parking spaces with on-site truck loading and to allow the applicant to develop the site for a permitted use. ESMC §15-15-7(D)(1)(a) allows the Director of Planning and Building Safety approve adjustments to the Types and Dimensions of Loading Spaces as provided in Chapter 24. The depth and size of the lot make the applicant's request reasonable, because failing to grant the adjustment would result in the applicant being unable to reasonably use the site and impede the functionality of the proposed building. C. That the proposed adjustment is consistent with the legislative intent of ESMC Title 15. The proposed Adjustment is consistent with the intent of ESMC Title 15, because the Adjustment serves the City's general welfare and promotes economic advantages resulting from an orderly planned use of land resources. The proposed Adjustment will allow the construction of a new 9,509 net square-foot building containing office, warehouse, and research and development uses. The aesthetic appearance of the new building would be beneficial for the immediate neighborhood and the proposed mixed of uses will improve the tax base for the City. The proposed adjustment is consistent with the Smoky Hollow Specific Plan Goals, Objectives and Policies. Specifically, the proposed adjustment is consistent with Smoky Hollow Specific Plan Site Development Standard Policy ESMC § 15-11-2(C)(7)(1) which encourages "less restrictive site development regulation requirements in the medium manufacturing." The proposed adjustment is also consistent with the Smoky Hollow Specific Plan Parking Requirements specified in ESMC §15-11-3(E)(1)(b)(3) which -8- PAPlanning&Building Safety\0 Planning-OIMPROJECTS(Planning)\1076-1100\EA-1097\EA-1097 PCreso.final.doc 312 aims to provide "maximum flexibility in parking design in order to achieve more efficient site design." In addition, the proposed adjustment is consistent with the intent of ESMC Title 15, in that they will serve the general welfare of the City. The proposed adjustments will allow the completion of construction of four office/industrial buildings, which will be beneficial for the aesthetic appearance of the immediate neighborhood and improve the tax base for the City. The proposed adjustment complies with the applicable provisions of ESMC Chapter 15-24 in that proper notice was provided and a hearing was scheduled for May 28, 2015. SECTION 8: Approval. Subject to the conditions listed on the attached Exhibit "A," which are incorporated into this Resolution by reference, the Planning Commission approves Environmental Assessment No. 1097, Subdivision No. 14-14 (VTPM 73137), Adjustment No. ADJ 14-10, and Smoky Hollow Site Plan Review No. 14-04, SECTION 9: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 10: The Commission Secretary is directed to mail a copy of this Resolution to CSmoky Hollow, LLC and to any other person requesting a copy. SECTION 11: This Resolution may be appealed within ten (10) calendar days after its adoption. All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal will constitute a waiver of any right of appeal. SECTION 12: Except as provided in Section 11, this Resolution is the Planning Commission's final decision and will become effective immediately upon adoption. PASSED AND ADOPTED this 28th day of May 2015. -9- PAPianning&Building Safety\0 Planning-Old\PROJECTS(Planning)\1076-1100\EA-1097\EA-1097 PCreso.final.doc 313 David Wagner, Chai� erson City of EI Segundo Panning Commission ATTEST: Sam S cretary Wagner Aye Baldino Aye Newman Aye- Nicol Aye Nisley Aye C APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: fvL)j P David Icing, Assi tant City Attorney -10- P:Tl anning&Suilding 5afetyl0 Planning-OUP RCJECTs(PIan ning)11076-11001EA-10971EAA097 PCreso.finaLdoc 314 PLANNING COMMISSION RESOLUTION NO. 2776 Exhibit A CONDITIONS OF APPROVAL In addition to all applicable provisions of the EI Segundo Municipal Code ("ESMC"), Smoky Hollow, LLC agrees to comply with the following provisions as conditions for the City of EI Segundo's approval of Environmental Assessment No. 1097, Subdivision No. 14-14 for Vesting Tentative Parcel Map No. 73137 and Smoky Hollow Site Plan Review 14-04 (Project Conditions"): Plannina Conditions 1. Before the City issues a building permit, the applicant must submit plans which show that the project substantially complies with plans and conditions approved and on file with the Planning and Building Safety Department. Any subsequent modification to the approved building plans must be referred to the Planning and Building Safety Director to determine whether Planning Commission approval is required for the proposed modification. 2. Not more than four units can be developed on the existing 16,616 square- foot parcel. 3. The adjustment becomes effective after seven (7) days from the granting thereof has elapsed or, if an appeal is filed or a review called, until final determination has been made on the appeal or review. 4. The adjustment becomes null and void if the privileges granted thereunder has not been utilized within one hundred eighty (180) days from the effective date thereof. 5. The Smoky Hollow Site Plan Review (SHSPR) becomes null and void if the privileges granted thereunder has not been utilized within one (1) year from the effective date thereof. 6. The vesting tentative map expires 24 months after approval or conditional approval but may be extended for a period not to exceed 12 months, pursuant to Government Code § 66452.6 and ESMC § 14-2-3. The development rights expire when the vesting tentative map expires unless a final map is approved before the expiration date. Once the final map is approved, the development rights remain valid for one year pursuant to ESMC § 14-2-313 and may be extended for one year pursuant to ESMC § 14-2-3D. -11- PAPlanning&Building SafelylO Planning-Old\PROJECTS(Planning)!1076-1100\EA-1097\EA-1097 PCreso.final.doc 315 7. The applicant must provide a trash enclosure area with dense landscaping to screen it from public view. The trash enclosure must be sufficiently large enough to store trash containers required for the regular collection of solid waste and recyclable materials in multiple bins. The cleaning and maintenance of the trash enclosure must be described within the Conditions, Covenants and Restrictions ("CC&R's"). 8. Before the City approves the Final Map, the applicant must submit its Conditions, Covenants and Restrictions ("CC&R's") to the City Attorney for review. The CC&Rs must incorporate the conditions of approval and regulate the management and maintenance of the property. The applicant agrees to compensate the City for the costs of such review. The applicant must pay for all fees incurred by the City as a result of the City Attorney's review of the CC&Rs before the City issues a certificate of occupancy. The CC&Rs must be approved as to form by the City Attorney before the documents are recorded with the Los Angeles County Recorder's Office. Proof of recordation of the CC&R's must be provided by the applicant to the Planning and Building Safety Director before the City approves the Final Map. 9. The CC&R's must regulate the following items to the City's satisfaction: a. Leaks or spills on project driveways must be cleaned on a regular basis from all pavement and landscaped areas; b. The surface parking for the units and driveways must be swept clean of debris on a regular basis; C. Oils and other pollutants must be cleaned from surface parking areas on a regular basis either by utilizing biodegradable solvents or by spreading sand and vacuuming the residual matter; d. Any hazardous waste generated by the project must be removed and disposed of in accordance with Los Angeles County requirements. e. No storage is permitted within the required parking spaces or on any of the open deck areas consistent with the EI Segundo Municipal Code. Buildina Department Conditions 10. Before the City issues a final Certificate of Occupancy, the plans must show conformance with the 2013 California Building, Mechanical, Electrical, Fire, Plumbing, and Energy Codes, as adopted by ESMC. -12- PAPlanning&Building Safety\0 Planning-OWPROJECTS(Planning)11076-1100\EA-1097\EA-1097 PCreso.final.doc 316 11. The project must comply with ESMC Chapter 11 B for accessibility requirements and all units must be accessible and adaptable. 12. The common path of egress travel must comply with Section 1014.3 of the (2013) California Building Code as adopted by the ESMC. 13. Warehouse uses must comply with "S" occupancy requirements. Fire Department Conditions 14. The applicant must comply with the applicable requirements of the 2013 California Building and Fire Codes and the 2012 International Fire Code as adopted by the City of EI Segundo and EI Segundo Fire Department. 15. The applicant must submit from plan review, and have approved by the Fire Department prior issuance of the building permit, a Fire/Life Safety Plan, identifying fire safety precautions during demolition and construction, emergency site access during construction, permanent fire department access, fire hydrant locations, and any existing or proposed fire sprinkler and fire alarm systems. Public Works Department Conditions 16. The Final Map must be recorded and filed with both the City Engineer and the Los Angeles County Recorder's Office. 17. The applicant must ensure that encroachment permits required by the City are secured from the Public Works Department before commencing any and all work in the public right-of-way, including lane closure. 18. All unused driveways must be closed off with full-height curb, gutter and sidewalk per Standard Plans for Public Works Construction ("SPPWC") standards. 19. The applicant must provide a minimum 4-foot wide sidewalk behind any sign posts and power poles. 20. The minimum performance grade for the asphalt intended for parking vehicles must be a (PG-64-10) tack coat and hot mix for all slot paving required next to new concrete installations. Slot paving must be 3 feet wide and 1400t deep, consisting of 6 inches of asphalt over 6 inches of base. -13- P:\Planning&Building Safety\0 Planning-Old\PROJECTS(Planning)\1076-1100\EA-1097\EA-1097 PCreso.final.doc 317 21. The applicant must resurface half of Nevada Street fronting the property (coldmill 2" Asphalt Concrete (AC)) pavement surface and overlay with 2" hot mix AC PG-64-10. 22. The applicant must resurface the full width of the alley behind the property (coldmill 2" Asphalt Concrete (AC)) pavement surface and overlay with 2" hot mix AC PG-64-10. 23. Any existing water meters, potable water service connections, fire backflow devices and potable water backflow devices must be upgraded to current City Water Division standards. These devices must be placed or relocated onto private property. 24. The applicant must submit plans for water system upgrades to the City of EI Segundo Public Works Department for review and approval, including traffic control plans for work in the public right-of-way. 25. Any unused water or sanitary sewer laterals must be abandoned and properly capped at the City main. The contractor is to obtain necessary hermits and licenses, and provide traffic control plans and shoring plans. 26. A grading and drainage plan must be provided and stamped by a registered civil engineer. 27. A utility plan must be provided that shows all existing and proposed utility lines, and their sizes (sewer, water, gas, storm drain, electrical, etc.), including easement around the project site. 28. All construction related parking must be accommodated on-site. No construction related parking is permitted off-site. 29. The project must comply with the National Pollutant Discharge Elimination System ("NPDES") requirements and Stormwater Best Management Practices ("BMPs") for sediment control, construction material control, and erosion control. 30. All record drawings (As-built drawings) and supporting documentation must be submitted to the City's Public Works Engineering Division prior to scheduling the project's final inspection. 31. Before the City issues a final Certificate of Occupancy, the applicant must pay for the sanitary sewer connection fee to the City of EI Segundo Public Works Department. The required sewer fees wiil be determined based upon the information provided on the utility plan. -14- P:\Planning&Building Safety\0 Planning. Old\PROJECTS(Planning)\1076-1100\EA-1097\EA-1097 Pcresofiinal.doc 318 Police Department Conditions 32. Street addressing must be provided on all front door entries and rear door entries. The addressing must be visible from the street or driving surface, of contrasting color and background, including illuminated during the hours of darkness. The front door addressing must be a minimum of 6 inches in height and the rear entry door addressing must be a minimum of 4 inches in height. All addressing locations and sizes must be depicted on the building elevation sheets and must indicate if the addressing is directly or backlit. 33. Landscaping must be low profile around perimeter fencing, windows, doors, decks and entryways taking special care not to limit visibility or provide climbing access. Floral or grass ground cover is recommended. Bushes must be trimmed to 2 to 3 feet away from buildings. Dense bushes must not be clumped together. Trees must be trimmed up to 7 feet. 34. Trees/bushes/shrubs must not be planted next to or near any light fixture or light standard. When grown to maturity these items block the light and reduce lighting on the ground surface. 35. Before the City issues a building permit, the applicant must provide specifications for the proposed security hardware to all locking mechanisms for single or double swing doors, door hinges, and panic hardware to the Police Department. Additionally, the door schedule on the plans must identify which doors are hollow metal, hollow or solid wood, and/or aluminum sliding glass doors. 36. Before the City issues a building permit, a photometric study must be provided. The photometric study must be point-by-point calculations of the required light levels and must not include street lighting in the calculations. The photometric study must include all of the following: a. Front entry doors, addressing, driveway, open parking lot, dock doors and trash dumpsters must be illuminated with a maintained minimum of one foot-candle of light on the ground surface during hours of darkness. b. Aisles, passageways and recesses related to and within all sides of the building complex must be illuminated with a maintained minimum of .25 foot-candles on the ground surface during hours of darkness. c. Lighting devices must be enclosed and protected by weather and vandal resistant covers. -15- PAPlanning&Building Safety\0 Planning-Old\PROJECTS(Planning)11076-1100\EA-1097\EA-1097 PCreso.final.doc 319 37. Perimeter walls must be a minimum of 6 feet in height street side. Walls must limit climbing access. Any horizontal members must be on the inside of the perimeter. Where wrought or steel tubular fencing is used, the horizontal rails must run along the top and bottom portion of the fence. 38. Sectional/roll-up door(s) must have an interior locking device located on each side of the door (padlocks or cane bolts can be used). 39. A permanently-affixed ladder leading to the roof must be located within the interior of the building. 40. The applicant must provide the location(s) of the mailbox(es). Mailboxes must be placed in a secure, central location to provide natural surveillance. All mailboxes and mail receptacles must be lockable. 41. Bicycle racks must be located in a central location that is well lit. Miscellaneous Conditions 42. Smoky Hollow, LLC agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No. 1097, Subdivision No. 14-14 (VTPM 73137), Adjustment No. ADJ 14-10, and Smoky Hollow Site Plan Review No. 14-04. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No. 1097, Subdivision No. 14-14 (VTPM 73137), Adjustment No. ADJ 14-10, and Smoky Hollow Site Plan Review No. 14-04 Smoky Hollow, LLC agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of EI Segundo's elected officials, appointed officials, officers, and employees. By signing this document, Smoky Hollow, LLC's representative, certifies that he has read, understood, and agrees to the Project Conditions listed in this document. Matt Cr'a bs, Manager Smoky Hollow, LLC {If Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company} -16- PAPlanning&Building Safety\0 Planning-Old\PROJECTS(Planning)\1076-1100\EA-1097\EA-1097 PCreso.final.dac 320 RESOLUTION NO. 2822 A RESOLUTION APPROVING A ONE-YEAR EXTENSION TO VESTING TENTATIVE PARCEL MAP NO. VTPM 73137 TO ALLOW THE CONSTRUCTION OF A FOUR-UNIT COMMERCIAL MIXED-USE CONDOMINIUM DEVELOPMENT AT 123-139 NEVADA STREET (PREVIOUSLY APPROVED AS EA-1097 AND SUBDIVISION NO. SUB 14-14). The Planning Commission of the City of EI Segundo does resolve as follows: SECTION 1: The Planning Commission finds and declares that: A. On May 28, 2015 the Planning Commission approved Vesting Tentative Parcel Map No. VTPM 73137 to allow the construction of a four-unit commercial mixed-use condominium development at 123-139 Nevada Street; B. Per the Subdivision Map Act, the vesting tentative map for the Project was due to expire on May 28, 2017; �. C. On May 8, 2017, Maria Islas on behalf of Srour&Associates, LLC, filed an application for an extension for a one-year extension of Vesting Tentative Map No. VTPM 73137; D. The application was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the EI Segundo Municipal Code ("ESMC"); E. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); F. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before this Commission for June 22, 2017; and G. On June 22, 2017, the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by City staff, public testimony, the applicant. -1- 321 SECTION 2: Factual Findings. The Commission finds that the following facts exist: A. The subject site is located in the Smoky Hollow Specific Plan and the Medium Manufacturing (MM) Zone; B. The surrounding land uses consist of light industrial developments to the north, south, east and west; C. The project site is rectangular in shape with 125 feet of street frontage on Nash Street and a depth of 133 feet, totaling 16,616 square feet; D. The site is currently developed with a 1,712.5 square-foot one-story light- industrial use building; E. The proposed project consists of a single two-story building containing 4 commercial mixed-use condominium units each approximately 2,400 square feet; F. The proposed uses for all 4 units at the site are: 1,470 net square feet of office, 1,242 net square feet of warehouse, and 6,903 net square feet of research and development; G. The maximum height of the proposed building would be 33'-3"from grade; H. The proposed Floor Area Ratio for this project is 0.578 (9,615 net square feet). The maximum permitted FAR for this site is 0.6 (9,969.6 net square feet); L Vehicular access for the proposed development is provided from a single two-way 20-foot wide driveway located at the rear of the property from an existing 14-foot wide alley; J. The minimum required number of parking spaces for the project is 20 parking spaces. 25 surface parking spaces are proposed at the rear of the site. 14 of the full-size parking spaces will be in tandem arrangement (2 rows of 7); and K. The project must provide a minimum of 1 small truck loading space. The applicant has been granted an Adjustment to locate the required small truck loading space at the rear of the building within the minimum required 25-foot vehicle back-up area of 6 tandem parking spaces. The truck loading space will temporarily block the vehicle back-up area for 6 tandem parking spaces. -2- 322 SECTION 3: Environmental Assessment. The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15305 as a Class 5 categorical exemption (Minor Alterations in Land Use Limitations), § 15315 as a Class 15 categorical exemption (Minor Land Divisions), and § 15332 as a Class 32 categorical exemption (In-fill Development Project). The project consists of the merging of properties with an average slope of less than 20%. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as applicable zoning designation and regulations. The proposed development occurs within city limits on a project site of no more than five acres that is surrounded by urban uses. The project has no value as habitat for endangered, rare or threatened species and approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Additionally, the site can be adequately served by all required utilities and public services. SECTION 4: General Plan and Zoning. The proposed project is consistent with the City's General Plan and the zoning regulations in the ESMC as follows: A. The General Plan Land Use Designation of the project site is Smoky Hollow Mixed-Use. The Smoky Hollow Mixed Use classification permits primarily light industrial uses, including light manufacturing, research and development, warehousing and office uses. The project site has a Medium Manufacturing (MM) Zoning designation that allows manufacturing, light industrial, general offices for research, professional and technical services, research and development, warehousing and distribution, restaurants, public facilities and public utilities. The proposed uses at this site are consistent with both the MM Zone and the General Plan Land Use designation. B. The proposed project is consistent with Land Use Element Goal LU4 in that it provides a stable tax base for the City through development of new commercial uses primarily without adversely affecting the viability of the Downtown. The proposed project is consistent with General Plan Land Use Objective LU4-3 "Provide for new office and research and development uses." At least 70 percent of the project floor area will be devoted to light industrial uses including research and development, and less than 15 percent of the area will be devoted to new office uses. The proposed project is consistent with General Plan Land Use Policy LU4-3.6 to "require landscaping, its maintenance, and permanent upkeep in all new office and mixed-use developments." Before issuing permits for the project, City staff will review detailed landscape and irrigation plans to ensure compliance with the City's landscaping, irrigation and maintenance policies and guidelines. -3- 323 C. The proposed project is consistent with Land Use Element Goal LU5 in that it retains and attracts clean and environmentally safe industrial uses that provide a stable tax base and minimize any negative impact on the City. The proposed project is consistent with Policy LU5-2.2 in that all outdoor storage, including trash will be properly screened by masonry walls and landscaping. The project is consistent with Land Use Element Objective LU5-6, in that it encourages a mix of office and light industrial uses in industrial areas. D. The proposed project is consistent with Policy C2-2.2 in that it provides facilities for bicyclists to park and store their bicycles and provide shower and changing facilities at or close to the bicyclist's work destination. The proposed project is consistent with Policy C3-1.8 in that it provides adequate pedestrian and bicycle access; and Policy C3-2.1 in that sufficient on-site parking is provided. E. The ESMC requires review for conformance with the Smoky Hollow Specific Plan. The Medium Manufacturing (MM) Zone within the Smoky Hollow Specific Plan area, allows condominium developments in conformance with ESMC Chapter 15-6D; F. The proposed project meets all the site development standards of Chapter 15-61D of the ESMC; and G. The proposed project complies with the applicable provisions of ESMC Chapter 14-1, since proper notification and a public hearing were provided, proper hearing decision and records will be complied with and the required findings will be considered. SECTION 5: Findings and Approval. The Planning Commission finds that none of the conditions stated in ESMC Section 14-2-5 which would warrant denial of the extension apply to the present application. Therefore, the Planning Commission approves the first extension to Vesting Tentative Parcel Map No. 73137 so that it will expire on May 28. 2018, subject to the conditions of approval set by the Planning Commission on May 28, 2015. SECTION 6: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 7: The Commission Secretary is directed to mail a copy of this Resolution to the applicant and to any other person requesting a copy. SECTION 8: This Resolution may be appealed within 10 calendar days after its adoption. All appeals must be in writing and filed with the City Clerk within this time -4- 324 period. Failure to file a timely written appeal will constitute a waiver of any right of appeal. SECTION 9: Except as provided in Section 8, this Resolution is the Planning Commission's final decision and will become effective immediately upon adoption. PASSED AND ADOPTED this 22nd day of June 2017. Ryan 13 1V-dA n City ofndo Planning Commission ATTEST: am Le , Secretary to the Planning Commission Baldino -Aye Newman -Aye Nicol -Aye Nisley -Absent Wingate -Aye APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: C' Davi ing, A5S15ta,eit� ty Attorney -5- 325 RESOLUTION NO. 2838 A RESOLUTION APPROVING A SECOND ONE-YEAR EXTENSION TO VESTING TENTATIVE PARCEL MAP NO. VTPM 73137 TO ALLOW THE CONSTRUCTION OF A FOUR-UNIT COMMERCIAL MIXED-USE CONDOMINIUM AT 123-139 NEVADA STREET (PREVIOUSLY APPROVED AS EA-1097 AND SUBDIVISION NO. SUB 14-14). The Planning Commission of the City of EI Segundo does resolve as follows: SECTION 1: The Planning Commission finds and declares that: A. On May 28, 2015 the Planning Commission approved Vesting Tentative Parcel Map No. VTPM 73137 to allow the construction of a four-unit commercial mixed-use condominium development at 123-139 Nevada Street; B. Per the Subdivision Map Act, the vesting tentative map for the project was due to expire on May 28, 2017; C. On May 8, 2017, Maria Islas on behalf of Srour &Associates, LLC, filed an application for a one-year extension of Vesting Tentative Map No. VTPM 73137. The one-year extension was granted by the Planning Commission through the adoption of Resolution 2822 on June 22, 2017. D. On May 14, 2018, Maria Islas on behalf of Srour & Associates, LLC, filed an application for a second one-year extension for of Vesting Tentative Map No. VTPM 73137; E. The application was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the EI Segundo Municipal Code ("ESMC"); F. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); G. The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before this Commission for June 14, 2018; and -1- 326 H. On June 14, 2018, the Commission granted a second one-year extension to Vesting Tentative Map No. VTPM 73137, which will expire on May 28, 2019. SECTION 2: Factual Findings. The Commission finds that the following facts exist: A. The subject site is located in the Smoky Hollow Specific Plan and the Medium Manufacturing (MM) Zone, B. The surrounding land uses consist of light industrial developments to the north, south, east and west; C. The project site is rectangular with 125 feet of frontage on Nash Street and 133 feet deep, totaling 16,616 square feet; D. The project consists of a single two-story building containing 4 commercial mixed-use condominium units each approximately 2,400 square feet; E. The proposed uses for all 4 units at the site are: 1,470 net square feet of office, 1,242 net square feet of warehouse, and 6,903 net square feet of research and development, F. The maximum height of the proposed building would be 33'-3" from grade; G. The Floor Area Ratio for this project is 0.578 (9,615 net square feet). The maximum permitted FAR for this site is 0.6 (9,969.6 net square feet); H. Vehicular access for the proposed development is provided from a single two-way 20-foot wide driveway located at the rear of the property from an existing 14-foot wide alley; I. The minimum required number of parking spaces for the project is 20 parking spaces. 25 surface parking are being provided at the rear of the site. Fourteen of the full-size parking spaces will be in tandem arrangement (2 rows of 7); and J. The project must provide a minimum of 1 small truck loading space. The applicant has been granted an Adjustment to locate the required small truck loading space at the rear of the building within the minimum required 25-foot vehicle back-up area of 6 tandem parking spaces. The truck loading space will temporarily block the vehicle back-up area for 6 tandem parking spaces. SECTION 3: Environmental Assessment. The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 -2- 327 California Code of Regulations § 15305 as a Class 5 categorical exemption (Minor Alterations in Land Use Limitations), § 15315 as a Class 15 categorical exemption (Minor Land Divisions), and § 15332 as a Class 32 categorical exemption (In-fill Development Project). The project consists of the merging of properties with an average slope of less than 20%. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as applicable zoning designation and regulations. The proposed development occurs within city limits on a project site of no more than five acres that is surrounded by urban uses. The project has no value as habitat for endangered, rare or threatened species and approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Additionally, the site can be adequately served by all required utilities and public services. SECTION 4: General Plan and Zoning. The proposed project is consistent with the City's General Plan and the zoning regulations in the ESMC as follows: A. The General Plan Land Use Designation of the project site is Smoky Hollow Mixed-Use. The Smoky Hollow Mixed Use classification permits primarily light industrial uses, including light manufacturing, research and development, warehousing and office uses. The project site has a Medium Manufacturing (MM) Zoning designation that allows manufacturing, light industrial, general offices for research, professional and technical services, research and development, warehousing and distribution, restaurants, public facilities and public utilities. The proposed uses at this site are consistent with both the MM Zone and the General Plan Land Use designation. B. The proposed project is consistent with Land Use Element Goal LU4 in that it provides a stable tax base for the City through development of new commercial uses primarily without adversely affecting the viability of the Downtown. The proposed project is consistent with General Plan Land Use Objective LU4-3 "Provide for new office and research and development uses." At least 70 percent of the project floor area will be devoted to light industrial uses including research and development, and less than 15 percent of the area will be devoted to new office uses. The proposed project is consistent with General Plan Land Use Policy LU4-3.6 to "require landscaping, its maintenance, and permanent upkeep in all new office and mixed-use developments." Before issuing permits for the project, City staff will review detailed landscape and irrigation plans to ensure compliance with the City's landscaping, irrigation and maintenance policies and guidelines. -3- 328 C. The proposed project is consistent with Land Use Element Goal LU5 in that it retains and attracts clean and environmentally safe industrial uses that provide a stable tax base and minimize any negative impact on the City. The proposed project is consistent with Policy LU5-2.2 in that all outdoor storage, including trash will be properly screened by masonry walls and landscaping. The prcject is consistent with Land Use Element Objective LU5-6, in that it encourages a mix of office and light industrial uses in industrial areas. D. The proposed project is consistent with Policy C2-2.2 in that it provides facilities for bicyclists to park and store their bicycles and provide shower and changing facilities at or close to the bicyclist's work destination. The proposed project is consistent with Policy C3-1.8 in that it provides adequate pedestrian and bicycle access; and Policy C3-2.1 in that sufficient on-site parking is provided. E. The SSMC requires review for conformance with the Smoky Hollow Specific Plan. The Medium Manufacturing (MM) Zone within the Smoky Hollow Specific Plan area, allows condominium developments in conformance with ESMC Chapter 15-6D; F. The proposed project meets all the site development standards of Chapter 15-61D of the ESMC; and G. The proposed project complies with the applicable provisions of ESMC Chapter 14-1. SECTION 5: Findings and Approval. The Planning Commission finds that none of the conditions stated in ESMC Section 14-2-5 which would warrant denial of the extension apply to the present application. Therefore, the Planning Commission approves the second extension to Vesting Tentative Parcel Map No. 73137 so that it will expire on May 28. 2019, subject to the conditions of approval set by the Planning Commission on May 28, 2015. SECTION 6: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 7: The Commission Secretary is directed to mail a copy of this Resolution to the applicant and to any other person requesting a copy. SECTION 8: This Resolution may be appealed within 10 calendar days after its adoption. All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal will constitute a waiver of any right of appeal. -4- 329 SECTION 9: Except as provided in Section 8, this Resolution is the Planning Commission's final decision and will become effective immediately upon adoption. PASSED AND ADOPTED this 14"d day of June 2018. RyaB*no, Chairrhan City o EI Segundo Planning Commission ATTEST: am Lee, c ry to the Plan ommission Baldino -Aye Newman -Aye Wingate -Aye Hoeschler -Aye APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: U, P K-1 DaviN King, Assista ity Attorney -5- 330 EL SEGUNDO CITY COUNCIL MEETING DATE: March 19, 2019 AGENDA STATEMENT AGENDA HEADING: Reports: City Clerk AGENDA DESCRIPTION: Consideration and possible action regarding Council consensus to cancel the Tuesday, April 2, 2019 City Council Meeting. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Approve cancellation of the April 2, 2019 City Council Meeting; 2. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: No Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A STRATEGIC PLAN: Goal: 1(a) El Segundo provides unparalleled service to internal and external customers. Objective: 2 City services are convenient, efficient and user-friendly for all residents, businesses and visitors. ORIGINATED BY: Tracy Weaver, City Cler REVIEWED BY: Tracy Weaver, City Clerk APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: April 1 —5, 2019 is the El Segundo Unified School District's Spring Break. Therefore,with 4 out of 5 Council Members having children in the school district and the possibility of conflicts in schedules. It is recommended that Council approve the cancellation of the April 2, 2019 regularly scheduled meeting. 331 EL SEGUNDO CITY COUNCIL MEETING DATE: March 19,2019 AGENDA STATEMENT AGENDA HEADING: City Clerk AGENDA DESCRIPTION: Consideration and possible action to introduce an ordinance amending section 1-4-4A of the El Segundo Municipal Code ("ESMC") to change the Regular City Council Meetings held on the first and third Tuesday of every calendar month beginning time from five o'clock (5:00) p.m. to four o'clock (4:00) p.m. for closed session matters and interviews or appointments for committees, commissions and boards in the West Conference Room and change the beginning time of the seven o'clock (7:00) p.m. to six o'clock (6:00)p.m. in the Council Chamber for all other matters addressed in open session. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Introduce and waive first reading of the Ordinance. 2. Schedule second reading and adoption of the ordinance on April 16th, 2019. 3. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Proposed Ordinance FISCAL IMPACT: N/A STRATEGIC PLAN: Goal: 1 Enhance Customer Service and Engagement Objective: El Segundo's engagement with the community ensures excellence ORIGINATED BY: City Council WRITTEN BY: Mona Shilling, Deputy City Cl k�i;Ti APPROVED BY: Greg Carpenter, City Manage�iar"d Tracy Weaver, City Clerk BACKGROUND AND DISCUSSION: At the last Council meeting, March 5, 2019 Council brought forward a discussion to look at ways to be more efficient with the community's, Council's and staff s time related to conducting Council meetings. Council discussed and voted to move forward with changing the beginning time for the regularly scheduled City Council Meetings as one item toward achieving that goal and directed staff to bring back an Ordinance for Council consideration. State law requires the City Council to provide the time and place for holding regular meetings by ordinance, resolution or bylaws. (Gov. Code § 54954(a).) Because the City Council's regular meeting times are established in the Municipal Code, Staff has prepared a draft ordinance 1 332 amending the Code to schedule the Regular City Council Meetings held on the first and third Tuesday of every calendar month begin at four o'clock(4:00)p.m. for closed session matters and interviews or appointments for committees, commissions and boards in the West Conference Room and at six o'clock (6:00) p.m. in the Council Chamber for all other matters addressed in open session. Importantly, the proposed ordinance only establishes the City Council's regular meeting times. Under state law and the City's Municipal Code, the Mayor or a majority of the City Council can call for a special meeting to be held on any day or time. (Gov. Code § 54956; ESMC § 1-4- 4(C).) If the ordinance is introduced and adopted at second reading, the ordinance will take effect 30 days from adoption of the ordinance. Once the ordinance becomes effective, the City Clerk's office will then revise City Council agendas to reflect the new meeting times. Recommendation: Staff recommends the City Council introduce the attached draft ordinance to amend the beginning time of the regularly scheduled Council meetings. 2 333 ORDINANCE NO. XXXX AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE SECTION 1-44A RELATING TO CITY COUNCIL MEETINGS. The City Council of the city of EI Segundo does ordain as follows: SECTION 1: Subsection A of EI Segundo Municipal Code § 1-4-4 is amended to read as follows: "1-4-4: MEETINGS: A. Regular Meetings: Regular city council meetings are scheduled for the first and third Tuesdays of every calendar month. Regular city council meetings begin at four o'clock (4:00) p.m. in the West Conference Room for closed session matters and interviews or appointments for committees, commissions and boards, and at six o'clock (6:00) p.m. in the council chambers for all other matters to be addressed in open session." SECTION 2: 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 3: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of EI 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 4: This Ordinance will become effective thirty (30) days following its passage and adoption. PASSED AND ADOPTED this day of April, 2019. Drew Boyles, Mayor ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney 334 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of 2019, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2019, and the same was so passed and adopted by the following vote: AYES: NOES- ABSENT: ABSTAIN: Tracy Weaver, City Clerk 335