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Home My WebLink About2005/04/20 - Agenda Packet - ClosedCITY OF RANCHO CUCAMONGA 10500 Civic Center Drive + Rancho Cucamonga, CA 91730-3801 AGENDAS Redevelopment Agency Fire Protection District City Council REGULAR MEETINGS Ist and 3rd Wednesdays ~ 7:00 p.m. APRIL 20, 2005 AGENCY~ BOARD & CITY COUNCIL MEMBERS William J. Alexander .................... Mayor Diane Williams ............... Mayor Pro Tem Rex Gutierrez ............................ Member L. Dennis Michael ..................... Member Sam Spagnolo .......................... Member Jack Lam ......................... City Manager James L. Markman ............. City Attorney Debra J. Adams ..................... City Clerk 5:30 p.m. 7:00 p.m. ORDER OF BUSINESS Closed Session ................... Tapia Conference Room Regular Redevelopment Agency Meeting... Council Chambers Regular Fire Protection District Meeting ... Council Chambers Regular City Council Meeting ............. Council Chambers INFORMATION FOR THE PUBLIC (~RANCHO UCAMONC, A TO ADDRESS THE CITY COUNCIL The City Council encourages free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the City Council on any agenda item. Please sign in on the clipboard located at the desk behind the staff table. It is important to list your name, address and phone number. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Communications". There is opportunity to speak under this section at the beginning and the end of the agenda. Any handouts for the City Council should be given to the City Clerk for distribution. To address the City Council, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. All items to be placed on a City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on Tuesday, one week prior to the meeting. The City Clerk's office receives all such items. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter and the Public Library. A complete copy of the agenda is also available at the sign in desk located behind the staff table during the Council meeting. LIVE BROADCAST Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on-demand" from their computers. The added feature of "Streaming Video On Demand" is available on the City's website at www.ci.rancho- cucamonga.ca.us/whatsnew.htm for those with Hi-bandwidth (DSL/Cable Modem) er Low-bandwidth (Dial-up) Internet service. The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers Located at 10500 Civic Center Drive. Members of the City Council also sit as the Redevelopment Agency and the Fire District Board. Copies of City Council agendas and minutes can be found at http:llwww, ci. rancho-cucamonga, ca. us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. CLOSED SESSION APRIL 20, 2005 - 5:30 P.M. 1 THE MEETING TO BE HELD IN THE TAPIA CONFERENCE ROOM, CRANCHO CITY HALL, 10500 ClWC CENTER DRIVE UCAMONGA A. CALL TO ORDER MEETING CALLED TO ORDER AS THE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND THE CITY COUNCIL Roll Call: Alexander , Gutierrez Michael , Spagnolo , and Williams__ B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) D. CONDUCT OF CLOSED SESSION 1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE GEORGE RIVERA, ADMINISTRATIVE SERVICES MANAGER, PAMELA EASTER, DEPUTY CITY MANAGER, LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, AND RICHARD KREISLER OF LEIBERT, CASSIDY & WHITMORE, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS- FIRE 2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY COMMONLY KNOWN AS 12584 ATWOOD ST., RANCHO CUCAMONGA, ALLMARK PROPERTIES; LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY; REGARDING PROPERTY SALE - RDA CLOSED SESSION APRIL 20, 2005 - 5:30 P.M. 2 THE MEETING TO BE HELD IN THE TAPIA CONFERENCE ROOM, cg, u~c~o CITY HALL, 10500 CIVIC CENTER DRIVE UCAMONGA 3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND DAY CREEK BOULEVARD; O & S HOLDINGS, LLC; JOE O'NEIL, CITY ENGINEER, AND LINDA DANIELS, RDA DIRECTOR, NEGOTIATING PARTY; REGARDING SALE OF PROPERTY. 4. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 12467 BASE LINE ROAD; LINDA D. DANIELS, RDA DIRECTOR, AND BRAD BULLER, CITY PLANNER, NEGOTIATING PARTY; REGARDING LEASE AMENDMENT. 5. PERFORMANCE EVALUATION OF CITY MANAGER PER GOVERNMENT CODE SECTION 54957. (CONTINUED FROM APRIL 6, 2005) E. CITY MANAGER ANNOUNCEMENTS AND REPORTS I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on April 14, 2005, seventy-two (72) hours prior to the meeting per Government Code 54954.2, at 10500 Civic Center Dr. MEETING TO RECESS TO THE REDEVELOPMENT AGENCY, CITY COUNCIL AND FIRE PROTECTION DISTRICT MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, 10500 CIVIC CENTER DRIVE. RESOLUTION NO. FD 05-021 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, UNILATERALLY IMPLEMENTING THE DISTRICT'S LAST, BEST, AND FINAL OFFER TO THE RANCHO CUCAMONGA FIREFIGHTERS' LOCAL 2274 FOR CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT FOR THE FISCAL YEAR 2004-2005 WHEREAS, representatives of the Rancho Cucamonga Fire Protection District and Rancho Cucamonga Firefighters' Local 2274 (a recognized employee organization representing non-management safety employees of the District) have engaged in ten (10) meet and confer sessions since and including June 8, 2004 regarding negotiation of a successor to a fiscal year 2003-2004 memorandum of understanding; and WHEREAS, an impasse has been reached between the District and the Union regarding negotiation of a successor memorandum of understanding; and WHEREAS, the District has never adopted procedures for resolution of disputes involving wages, hours and other terms and conditions of employment, which would be in addition to the impasse-resolution procedures set forth in Government Code § 3505.2 (MEDIATION; APPOINTMENT OF MEDIATORS; COSTS), and WHEREAS, representatives of the District and the Union have not agreed upon the appointment of a mediator to mediate their present dispute, and WHEREAS, Government Code § 3505.4 IMPASSE; IMPLEMENTATION OF LAST, BEST AND FINAL OFFER provides in pedinent pad that if after meeting and conferring in good faith an impasse has been reached between the public agency and the recognized employee organization, and impasse procedures where applicable have been exhausted, a public agency that is not required to proceed to interest arbitration may implement its last, best and final offer, and WHEREAS, by means of written correspondence dated March 22 and March 23, 2005, District representatives did provide notice to Union representatives that unilateral implementation of the type and scope described herein would be considered by the Board of Directors at its meeting of April 20, 2005, and WHEREAS, an impasse continues to exist between the District and the Union regarding negotiation of a successor to the fiscal year 2003-2004 memorandum of understanding, NOW THEREFORE, BE IT RESOLVED THAT the District's written last, best and final meet and confer offer shall be implemented as follows, with all implementation to be prospectively effective during the first payroll period commencing on and after the date of adoption of this Resolution, unless otherwise specifically indicated: Resolution No. FD 05-021 Page 2 of 4 SALARY - 3% base salary increase, effective the first payroll period commencing on or after July 1, 2004. This retroactive payment shall only be made to unit members employed by the District on the date of adoption of this Resolution. Modification of MOU Article II, Section 2(A)(13) to memorialize existing practice that Paramedic compensation shall be the equivalent of 12.13% of the unadjusted top step base salary of the Engineer classification. Implementation of standardized carpooling benefits and compensation consisting of $2 for every day that the employee rideshares, paid at the end of each quarter, as well as a singular monthly benefit to an individual being selected monthly by drawing to receive that benefit. Implementation of an IRS 125 plan, allowing for pre-payroll tax deduction of out-of-pocket medical contribution premiums, to be utilized to pay the difference between the amount of District-funded premiums and the amount of out-of-pocket premium payments borne by Unit employees. Revisions to a grievance procedure, providing for application of the procedure only to claimed violations, misinterpretations, misapplications or non- compliance with existing District codes, resolutions, rules, regulations.or the memorandum of understanding. The enacted procedure shall consist of the following appeal steps: 1) immediate supervisor, 2) Fire Chief or designated representative, 3) binding arbitration. The precise language of the grievance procedure (including expanded time limits for filing grievances) shall be in accord with the written last, best and final District proposal submitted to the Union on March 4, 2005. Implementation of a due process governed discipline procedure where none existed. Disciplinary procedure also establishes an appeal process for the Fire Chief and prescribes due process for appeals, which enables affected employee to appeal suspensions without pay, reductions in pay, demotions, and/or dismissal. Disciplinary procedure shall consist of: 1. Disciplinary determination being made by the Fire Chief, with the pre- disciplinary meeting being conducted by the Fire Chief or designee. 2. Ability to appeal disciplinary decision of the Fire Chief to the City Manager. A trial-type evidentiary hearing before an advisory hearing officer jointly selected by the District and the Union, prior to final administrative determination of appeal by City Manager. Resultant disposition of administrative appeal by City Manager subject to further appeal to the Court by employee pursuant to CCP §§ 1094.5 and 1094.6. Resolution No. FD 05-021 Page 3 of 4 He The precise language of the discipline procedure shall be in accord with the written last, best and final District proposal submitted to the Union on March 4, 2005. Implementation of a maintenance of benefits clause which shall provide that all wages, hours and terms and conditions of employment specifically provided for in the memorandum of understanding, shall remain in full force and effect during the term of the MOU, unless modified pursuant to written agreement of the parties. It is the intent of the District that if there is ever a determination by the California Supreme Coud that the economic provision(s) of this RESOLUTION is or was subject to impasse resolution pursuant to CCP § 1299 et seq., then the non-economic issues implemented herein shall remain in full force and effect and not be impacted by any such judicial determination or by the provisions of CCP § 1299 et seq. Please see the following page for formal adoption, certification and signatures Resolution No. FD 05-021 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 20th day of April 2005. AYES: NOES: ABSENT: ABSTAINED: Gutierrez, Michael, Williams Alexander, Spagnolo None None William J~er, President ATTEST: K'at~ryr~ L. Scott, ~ec~'etary I, KATHRYN L. SCOTT, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoin9 Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 20th day of April, 2005. Executed this 215* day of April 2005 at Rancho Cucamonga, California. Kaihryn g/ Scott, Secretary