Loading...
HomeMy WebLinkAbout2/20/2004 - STAFF REPORTS (4) DATE: February 18, 2004 TO: City Council FROM: Director, Department of Parks and Recreation AMENDMENT TO ALLOCATED POSITIONS AND COMPENSATION PLAN RECOMMENDATION It is recommended that the City Council adopt a Resolution approving Amendment No. 10 to the Allocated Positions and Compensation Plan, to include the addition of three (3) Recreation Attendants. SUMMARY The Parks and Recreation Department needs to hire additional staff members to operate the admission and concession window for the swim center and new skate park. The attendants will provide admission services to both areas through separate windows inside the office area. Up until the recent opening of the skate park in December, the admission window for the swim center was unmanned by staff. Walk-up customers were admitted as they arrived and there were few paid admissions as most patrons used swim passes. Because there were relatively few customers paying at the window, this did not pose a major problem. However, by combining the admission offices for both the skate park and the swim center and because of the increased daily activity at the skate park, the former arrangement is no longer acceptable. BACKGROUND The Parks and Recreation Department requires that all patrons entering the skate park check in at the admissions window to ensure payment is made for use of the park and that patrons have signed waivers that are kept on file at the office. Upon doing so, skaters are then "buzzed" through the electronic entry of the skate park once they have donned their safety gear. Skating is considered a high-risk activity with a significant liability attached to participating in the sport. Because of this, the City of Palm Springs strictly enforces the adopted Rules and Regulations of the park and imposes strict admission requirements for everyone entering this gated facility. AMENDMENT TO ALLOCATED POSITIONS AND COMPENSATION PLAN DATE: February 18, 2004 PAGE: Two Prior to opening the skate park, admission and concession sales for the swim center were handled by on-deck lifeguards. During much of the year, most pool patrons are regular attendees and lifeguards very infrequently have to deal with customers paying at the admissions window. This has been the most cost- effective way to operate the swim center with minimum staffing standards. Now that the skate park is open and patrons enter throughout the day and through a separate entry point, the admission window must be staffed during operating hours. During the winter months, the admission window will be active for about 88 hours per week for an estimated 34 weeks. During the summer season, operating hours will increase to an estimated 98 hours per week for about 18 weeks. This calculates to total operating hours in excess of 4,700 hours per year. This number of hours can only be covered by a minimum of three Full- Time Equivalent (FTE) positions with several part-time employees working a variety of shifts throughout the work week. These staffing levels are estimated to cost roughly $60,000 per year, including benefits. Through the first seven weeks of operation at the skate park, the average weekly revenue from admissions and vending operations has been about $1,900. Of this amount, roughly 70% has come from memberships and daily admissions and the remaining 30% from vending operations. If activity at the park remains relatively constant, staff believes there will be sufficient revenue through memberships, admission fees and vending sales to cover the cost of employees and operations under the proposed rate structure. If approved, staff will prepare a Request for Offsetting Budget Adjustment to cover the personnel costs. ,/ COTT MIKESELL, Director Department of Parks and Recreation AP PROVE rr City Manager s Attachment: 1. Resolution (Amending Allocated Positions) REVIEWED 8Y DEPT.OF FINANCE ilk RESOLUTION NO. OF THE CITY COUNCL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT #10 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN, ADOPTED BY RESOLUTION 20641. WHEREAS an Allocated Positions and Compensation Plan was adopted effective June 18, 2003, for the 2003-04 fiscal year by Resolution No. 20641; and WHEREAS the City Council desires to amend said Allocated Positions and Compensation Plan to include the addition of three (3) Recreation Attendants. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, that the Allocated Positions and Compensation Plan for positions in the City Service for fiscal year 2003-2004 is hereby amended as follows: SECTION 1 Classification (Department) Range No. Added No. Deleted (Deletions) Additions Authorized Positions Recreation Attendant (Parks) GUI 3.00 3.00 Total authorized positions 2003-2004 Budget 442.75 Total (deletions) prior Amendments (3.00) Total additions prior Amendments 15.00 Total (deletions) this Amendment (0.00) Total additions this Amendment 3.00 Total authorized positions as amended 457.75 ADOPTED THIS day of 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By CITY CLERK CITY MANAGER REVIEWED & APPROVED AS TO FORM o . ALESHIRE 18881 Von Karman Ave. 00 WYNDER, LLP Irvine, Suite ,C ATTORNEYS AT LAW Irvine,CA923.1 Phone 949.223.1170 www.awatiorneys.com Fax 949,223.1180 January 29, 2004 SENDER'S E-MAIL: KGRMUM@AW SATTORNEYS.COM SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims ("Agreement") is entered into by and between MARY LANCA ("Plaintiff') and CITY OF PALM SPRINGS, ("City"), and the following officers in their official and individual capacities: MICHAEL GOODWIN, ANDREW MILLER, CHIEF LEE WEIGEL, and CHIEF GARY JEANDRON, and it is intended by the parties hereto to settle fully and finally all differences between them, including, but in no way limited to, those differences embodied in the action referred to hereinafter. WHEREAS,plaintiff has set forth claims and a lawsuit for damages arising out of an incident which occurred on or about May 4, 2002; WHEREAS, these parties are parties to litigation filed in California for the U.S. District Court, Case No. ED CV 03-0489 RT(SGLx); WHEREAS,plaintiff has alleged and there was testimony to the effect that plaintiff suffered both physical and emotional injuries as a result of the incident, which is the subject of the above-entitled lawsuit; WHEREAS,plaintiff has agreed to dismiss with prejudice individual Defendants CITY OF PALM SPRINGS, ("City"), and the following officers in their official and individual capacities: MICHAEL GOODWIN, ANDREW MILLER, CHIEF LEE WEIGEL, and CHIEF GARYJEANDRON; Mary Lanca Settlement and Release Agreement January 29, 2004 Page 2 WHEREAS, these parties wish to settle all differences among them, arising out of, or in any way concerning, connected with, or pertaining to the facts, circumstances, events and purported causes of action alleged as a result of the incident occurring on or about May, 4, 2002, as alleged in the above-mentioned litigation. NOW, THEREFORE, for full and valuable consideration and based upon the foregoing recitals and terms, conditions, covenants and agreements contained herein, the parties agree as follows: 1. Settlement Payment. The City of Palm Springs will pay plaintiff and his attorneys the total sum of Fifty Thousand Dollars, ($50,000.00), in full consideration and settlement of all claims by plaintiff, including any claims for attorney's fees and litigation costs. Said sum constitutes a full and complete settlement and compromise of the Claims, and of all disputes arising out of or related to the Claim. Payment in full will be made within 10 days of plaintiff's counsel presenting the executed Settlement Agreement to the City's attorney, Karen R. Graham. 2. Release. Plaintiff hereby releases and forever discharges the defendants, and each of their predecessors, successors, assigns, past or present employees (including but not limited to each of the employees identified or accused in the claim), officers, directors, agents, attorneys, insurers, subsidiaries, divisions or affiliated corporations or organizations, whether previously or hereafter affiliated in any manner, ("the Released Parties"), from any and all claims, demands, causes of action, obligations, damages, attorneys' fees, costs and liabilities of 1003/010/2909U1 Mary Lanca Settlement and Release Agreement January 29, 2004 Page 3 any nature whatsoever, whether or not known, suspected or claimed, which plaintiff ever had, now has, or may claim to have as of the date of this Agreement against the Released parties (whether directly or indirectly), or any of them, by reason of any act or omission concerning any matter, cause or thing, including, without limiting the generality of the foregoing, any claims related to or arising out of the claim, or any claims asserted of which could have been asserted in the claim. 3. Release of Cross-Complaint. Defendant MICHAEL GOODWIN agrees to release his cross complaint against the Plaintiff MARY LANCA. 4. Discovery of Different of Additional Facts. The parties acknowledge that they may hereafter discover facts different from or in addition to those they now know or believe to be true with respect to the claims, demands, causes of action, obligations, damages, and liabilities of any nature whatsoever that are the subject of this Agreement, and they expressly agree to assume the risk of the possible discovery of additional or different facts, agree that this Agreement shall be and remain effective in all respects regardless of such additional or different facts. 5. Release of Unknown Claims. The Agreement set forth herein is a general release of ALL claims, demands, causes of action, obligations, damages, and liabilities of any nature whatsoever that are described in the Agreement and are intended to encompass all known and unknown, foreseen and unforeseen claims which the parties may have against each other, except for any claims which may arise from the terms of this Agreement. 1003/010/29097.01 Mary Lanca Settlement and Release Agreement January 29, 2004 Page 4 6. Waiver of Civil Code Section 1542. The parties expressly waive and relinquish all rights and benefits they may have under Section 1542 of the Civil Code of the State of California. The statute reads as follows: §1542. (General Release—Claims Extinguished.) A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 7. Non-Admission of Liability.The parties acknowledge and agree that this Agreement is a settlement of disputed claims. Neither the fact that the parties have settled nor the terns of the Agreement shall be construed in any manner as an admission of any liability by defendants or any of their employees, or any affiliated person or entities, all of whom consistently have taken the position that they have no liability whatsoever to plaintiff. 8. No Assignment of Claims. Plaintiff warrants that he has made no assignment, and will make no assignment, of any claim, action, right of action, or any right of any kind whatsoever, embodied in any of the claims and allegations referred to herein, and that no other person or entity of any kind had or has any interest in any of the demands, obligations, actions, causes of action, debts, liabilities, rights, contracts, damages, attorneys' fees, costs, expenses, losses or claims referred to herein. 9. Successors and Assigns. This Agreement, and all the terns and provisions hereof, shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors and assigns. 1003/010/29097.01 1 Mary Lanca Settlement and Release Agreement January 29, 2004 Page 5 10. Knowing and Voluntary. The parties specifically represent that prior to signing this Agreement, they have been provided a reasonable period of time within which to consider whether to accept this Agreement. The parties represent that they have each carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, knowingly, and without coercion entering into this Agreement based upon their own judgment. 11. Assistance of Counsel. The parties each specifically represent that they have consulted to their satisfaction with and received independent advice from their respective counsel prior to executing this Agreement concerning the terms and conditions of this Agreement. 12. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original but all of which shall constitute one agreement. 13. Enforcement Costs. Should any legal action be required to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which that party may be entitled. 14. Severability. Should any portion, word, clause, phrase, sentence or paragraph of this Agreement be declared void or unenforceable, such portion shall be considered independent and severable from the remainder, the validity of which shall remain unaffected. 15. Ambiguity. The parties acknowledge that this Agreement was jointly prepared by them, by and through their respective legal counsel, and any uncertainty or ambiguity existing herein shall not be interpreted against any of the parties, but otherwise shall be interpreted according to the application of the rule on interpretation of contracts. 1003/010/29097.01 Mary Lanca Settlement and Release Agreement January 29,2004 Page 6 16. Waiver. Failure to insist on compliance with any term, covenant or condition contained in this Agreement shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power contained in this Agreement at any one time or more times be deemed a waiver or relinquishment of any right or power at any other time or times. 17. Governing Law. This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of said state without giving effect to conflict of law principles. 18. Tax Ramifications. Plaintiff understands and agrees that defendants are providing plaintiff with no tax or legal advice, and make no representations regarding tax obligations or consequences, if any, related to this agreement. Further, the parties have endeavored in good faith to allocate appropriately the payment set forth above. Notwithstanding the foregoing, if any claim is asserted against defendants by any taxing authority with respect to this payment,plaintiff shall indemnify and hold defendants, and each of them, harmless. 19. Entire Agreement. This Agreement constitutes the entire Agreement between the parties who have executed it and supercedes any and all other agreements, understandings, negotiations, or discussions, either oral or in writing, express or implied, between the parties to this Agreement. The parties to this Agreement each acknowledge that no representations, inducements,promises, agreements, or warranties, oral or otherwise, have been made by them, or anyone, acting on their behalf, which are not embodied in this Agreement, that they have not 1003/010/29097.01 M&M Mary Lanca Settlement and Release Agreement January 29, 2004 Page 7 executed this Agreement in reliance on any such representation, inducement, promise, agreement or warranty, and that no representation, inducement, promise, agreement or warranty not contained in this Agreement including, but not limited to, any purported supplements, modifications, waivers or terminations of this Agreement shall be valid or binding, unless executed in writing by all of the parties to this Agreement. IN WITNESS THEREOF,the undersigned have executed this Settlement Agreement and Release of All Claims on the date set forth below. CITY OF PALM SPRINGS DATED: By: SUE MILLS Risk Manager DATED: By: Plaintiff, MARY LANCA DATED: By: CHIEF GARY JEANDRON DATED: By: LEE WEIGEL DATED: By: MICHAEL GOODWIN 1003/010/29097.01 M&M; Mary Lanca Settlement and Release Agreement January 29, 2004 Page 8 DATED: By: ANDREW MILLER APPROVED AS TO FORM: DATED: BRUNICK, BATTERSBY, McELHANEY, &BECKETT By: STEPHEN MILLER Attorney for Plaintiff, Mary Lanca DATED: By: KAREN R. GRAHAM Attorney for City of Palm Springs, Palm Springs Police Department; Lee Weigel, Chief Gary Jeandron CASTLE, PETERSEN &KRAUSE DATED: By: JUSTIAN JUSUF Attorney for Michael Goodwin and Andrew Miller APPROVED AS TO FORM CITY OF PALM SPRINGS A Municipal Corporation By: DAVID READY City Manager ATTEST: By: PATRICIA SANDERS City Clerk 1003/010/29097.01