HomeMy WebLinkAbout1994/02/02 - Agenda Packet CITY COUNCIL
AGENDA
CITY OF RANCHO CUCAMONGA
REGULAR MEETINGS
1st and 3rd Wednesdays - 7:00 p.m.
February 2, 1994
Civic Center
Council Chambers
10500 Civic Center Drive
Rancho Cucamonga, California 91730
***
City Councilmembers
Dennis L. Stout, Mayor
William J. Alexander, Councilmember
Charles J. Buquet, Councilmember
Rex Gutierrez, Councilmember
Diane Willj ~m s, Councilmember
Jack Lain, City Manager
James L. Markman, City Attorney
Debra J. Adsms, City Clerk
City Office: 989-1851
PAGE
-~' City Council Agenda
I- February 2, 1994 1
All items submitted for the City Council Agenda must be in
writing. The deadline for submitting these items is 6:00
p.m. on the Tuesday prior to the meeting. The City Clerk°s
Office receives all such items.
1. ROll Call: Buquet , Alexander .Stout
Williams , and Gutier~ez
B. ANNOUNCEMENTS/PRESENTATIONS
1. Presentation of Proclamation to Brandon Smith congratulating him
on his Gold Medal in an International Olympic Art Contest.
C. COMMUNICATIONS FROM THE PUBLIC
This is the time and place for the general public to address
the City Council. State law prohibits the City Council from
addressing any issue not previously included on the Agenda.
The City Council may receive testimony and set the matter
for a subsequent meeting. Comments are to be limited to five
minutes per individual.
D. CONSENT CALENDAR
The following Consent Calendar items are expected to be
routine and non-controversial. They will be acted upon by
the Council at one time without discussion. Any item may be
removed by a Councilmember or member of the audience for
discussion.
1. Approval Of Warrants, Register Nos. 1/12/94 and 1/19/94; and
Payroll ending 12/30/93 forthe total amount of $4,971,946.51.
2. Approval of Personnel Rules and Regulations. g
3. Approval to expend not more than $4,500.00 of Asset Seizure 11
Expenditure Funds for Camera Equipment.
PAGE
'~ City Council Agenda
February 2, 1994 2
4. Approval to award and authorization for execution of contract 1_3
(CO 94-009) for resurfacing of Traffic Bearing Deck/Parking
Structure Improvement Project, located at 10500 Civic Center
Drive. to be funded from RDA Account No. 17-15000.
5. Approval tO award and authorization to execute contract (CO 94-
010) for Sapphire Street Storm Drain and Street Improvement,
Banyan Street to Moon Court; Carnelian Street Ramps for disabled
persons, Base Line Road to Nineteenth Street; and Base Line
Road improvements, east of Victoria Park Lane, to Kershaw
Construction Company, Incorporated, for the amount of S77,851.00
($70,744.00 plus 10% contingency), to be funded from Proposition
11 t Account No. 10-4637-9307 (S57.688.00); TDA Article 3 Account
NO. 16-4637-9106 ($11,880.00) and Gas Tax Account No. 09-4637-9302
($8283.00).
6. Approval to execute an agreement (CO 94-006) for payment of
fees for Parcel Map 13724, located on the south side of Foothill
Boulevard. between Interstate 15 and Etiwanda Avenue,
submitted by Foothill Marketplace Partners.
7. Approval to accept Improvements. Reduction of Bonds and 20
~ Extension of Improvement Agreement for Tract 12671-1 thru -4,
located on the northwest comer of Milliken Avenue and Mountain
View Ddve.
RESOLUTION NO. 94-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
CERTAIN IMPROVEMENTS WITHIN TRACT 12671-1
THRU -4 WHICH iNCLUDE THE INTERIOR TRACT
STREETS, SIDEWALK AND PARKWAY
IMPROVEMENTS AND THE LANDSCAPING; THE
REDUCTION OF THE PERFORMANCE BOND FOR THE
iNCOMPLETE IMPROVEMENTS, WHICH INCLUDE
MOUNT.AIN VIEW DRIVE, TO AN AMOUNT EQUAL TO
10% OF THE ORIGINAL AMOUNTS; THE APPROVAL
OF AN-EXTENSION TO THE IMPROVEMENT
AGREEMENT FOR A TIME PERIOD OF TWO YEARS
FROM THE DATE OF THIS APPROVAL
8. Approval to accept Improvements. Reduction of Bonds and 23
Extension of Improvement Agreement for Tract 13303. located on
the southeast corner of Terra Vista Parkway and Mountain View
Drive.
PAGE
'~' City Council Agenda
February 2, 1994 3
RESOLUTION NO. 94-019 25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA. CALIFORNIA, ACCEPTING
CERTAIN IMPROVEMENTS WITHIN TRACT 13303
WHICH INCLUDE THE INTERIOR TRACT STREETS.
SIDEWALK AND PARKWAY IMPROVEMENTS,
STORM DRAIN AND THE LANDSCAPING; THE
REDUCTION OF THE PERFORMANCE BOND FOR THE
INCOMPLETE iMPROVEMENTS. WHICH INCLUDE
TERRA VISTA PARKWAY AND MOUNTAIN ViEW
DRIVE. TO AN AMOUNT EQUAL TO 10% OF THE
ORIGINAL AMOUNTS; THE APPROVAL OF AN
EXTENSION TO THE IMPROVEMENT AGREEMENT FOR
A TIME PERIOD OF TWO YEARS FROM THE DATE OF
THIS APPROVAL
9. Approval to accept the Improvements. release of Bonds and 26
Notice of Completion for the Tetra Vista Parkway Medians
located on Terra Vista Parkway between Mountain View Drive
and the East Greenway Corridor.
Release: Faithful Performance Bond S 116j:]:]3.00
Accept: Maintenance Guarantee Bond 11Zt30.00
RESOLUTION NO. 94-020 27
A RESOLUTION OF THE CI1~ COUNCIL OF THE CiTY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVEMENTS FOR THE TERRA VISTA
PARKWAY MEDIANS AND AUTHORIZING THE RUNG
OF A NOTICE OF COMPLETION FOR THE WORK
E. CONSENT ORDINANCES
The following Ordinances have had public hearings at the time
of first reading. Second readings are expected to be routine
and non-controversial. They will be acted upon by the
Council at one time without discussion. The City Clerk will
read the title. Any item can be removed for discussion.
NO Items Submitted.
PAGE
'~ City Council Agenda
February 2, 1994 4
F. ADVERTISED PUBLIC HEARINGS
The following items have been advertised and/or posted as
public hearings as required by law. The Chair will open the
meeting to receive public testimony.
1. CONSIDERATION OF UPDATING THE CITY'S CONFLICT OF INTEREST 28
CODE FOR DESIGNATED CITY PERSONNEL PURSUANT TO THE
PROVISIONS OF THE POLITICAL REFORM ACT OF 1974. CALIFORNIA
GOVERNMENT CO)DE SECTION 81000. ET SEQ
RESOLUTION NO. 804349D 29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING
THE CffY'S CONFLICT OF INTEREST CODE FOR
DESIGNATED CITY PERSONNEL
G. PUBLIC HEARINGS
The following items have no legal publication or posting
requirements. The Chair will open the meeting to receive
public testimony.
1. CONSIDERATION TO ESTABLISH A SPEED LIMIT OF 35 MPH ON LARK 31
DRIVE FROM KENYON WAY TO ROCHESTER AVENUE; A SPEED LIMIT
OF 45 MPH ON HAVEN AVENUE FROM WILSON AVENUE TO HILLSIDt~
ROAD AND SUMMIT AVENUE FROM ETIWANDA AV~NU~ TO EAST
AVENUE
ORDINANCE NO. 519 (first reading) 36
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING
SECTION 10.20.020 OF THE RANCHO CUCAMONGA
CITY CODE REGARDING PRIMA FACIE SPEED LIMITS
ON CERTAIN CITY STREETS
2. CONSIDERATION OF A RESOLUTION DECLARING THE~ PU~.LIC NEED 41
AND NECESSITY FOR A I::~)RTION OF REAL PRC)PERTY C)WNED BY MR.
CHARLES BRADFORD DOWNEY. APN 0229-021-54, IN ORDER TO
COMPLETE REQUIRED STREET AND ~TORM DRAIN IMP~VEMENT~
IN CONNECTION WITH THE EXPANSION OF THE SPORTS COMPLEX
PAGE
-~' City Council Agenda
February 2, 1994 5
RESOLUTION NO. 94-021 43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA. CALIFORNIA, DECLARING
THE PUBLIC NEED AND NECESSITY TO CONDEMN A
PORTtON OF CERTAIN REAL PROPERTY LOCATED IN
THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA,
ASSESSORS PARCEL NO. 0229-021-54. FOR THE
INSTALLATION OF STREET AND STORM DRAIN
IMPROVEMENTS
H. CITY MANAGER°S STAFF REPORTS
The following items do not legally require any public
testimony, although the Chair may open the meeting for
public input.
NO Items Submitted.
I. COUNCIL BUSINESS
The following items have been requested by the City Council
for discussion. They are not public hearing items, although
the Chair may open the meeting for public input.
1. DISCUSSION TO SELECT NAME FOR THE INTERIM CITY LIBRARY 50
BUILDING AND THE CITY LIBRARY SYSTEM
2. DISCUSSION ON THE SYNCHRONIZATION OF TRAFFIC ~tC;NAI.~ 52
3. BRIEFING BY THE CITY ATrORNEY ON CHANGES TO THE BROWN ACT 53
J. IDENTIFICATION OF ITEMS FOR NEXT MEETIN(~
This is the time for City Council to identify the items they
wish to discuss at the next meeting. These items will not be
discussed at this meeting, only identified for the next
meeting.
PAGE
City Council Agenda
February 2, 1994 6
K. COMMUNICATIONS FROM THE PUBLIC
This Is the time and place for the general public to address
the City Council. State law prohibits the City Council from
addressing any issue not previously included on the Agenda.
The City Council may receive testimony and set the matter
for a subsequent meeting. Comments are 1o be limited to five
minutes per individual.
L. AD~I(;)URNMENT
MEETING TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS
PERSONNEL MATI'ERS.
I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, hereby
certify that a true, accurate copy of the foregoing agenda was posted on
January 27, 1994, seventy-two (72) hours prior to the meeting per
Government Code 54953 at 10500 Civic Center Drive.
CITY OF RANCHO C~ ~GA
LIST OF HARR
FCR PERIOD: (93/943
RUN DATE= 01/12/94 PAGE=
VENDOR NRNE ITEM OESCREPTION NARR NO NARRo ANT.
· $ CHECKI OVERLAP
TTl3 ASSOCIATION OF RECORDS MANAGERS ANNUAL HEMBERSHIP DUES 80426, 165o00-
<(( 80427 - 83092
8358 TRUDEAUt CASSANORAe A MINOR SETTLEPENT 83033, IStO00.OO
3604 ECOFFe JILL PETTY CASH REIMBURSEMENT I 83094, 609o78
((( 83095 - 83096 )))
211 A P 3 ALARM SYSTEMS ALARM SERVICE 83097 leEtZ.O0
2543 i-I EQUIPRENT SALESf [NCo MAINTENANCE SUPPLIES I 83098 388.88
8 A,C.E, OFFICE SUPPLIES OFFICE SUPPLIES I 83099 76.53
7 ABLETROPICS MAINTENANCE SUPPLIES 83100 48.38
3785 ACTION ART RECREATIDN SUPPLIES 83[0[ 3,586,13
7942 ADVANCE BUSINESS GRAPHICS BUSINESS LICErISE REFUNO 83102 6.00
7843 ALBERTSONS FOOD CENTER #16Z0 BUSINESS LICENSE REFUND 83103 23.00
669 ALCORN FENCE CONPANY MAINTENANCE REPAIRS 83104 495o00
!I35 ALIGNMENT & BRAKE SPECIALISTS VEHICLE HAXNTENANCE ~ 83105 993.56
7050 ALLIED INTERSTATE DLDG/ELECTRICAL PERMIT REFUND i 83106 158.25
264 ALPHA BETA RECREATION SUPPLIES 83107 9.95
7946 AMBLE PXZZA 6 PASTA IN E OUT DUSXNESS LICENSE REFUND 83108 23,00
7958 AMERICAN ASSDC, OF CODE ENFORCEMENT DUES 83109 25.00
2693 AMTECH RELIABLE ELEVATOR CO. MONTHLY SERVICE 83110 140,00
3956 AQUA TECH NAINTENANCE SUPPLIES 83111 230°57
2411 ARAGONe SALLY INSTRUCTOR PAYMENT 63IIl tOO.NO
24 ARBOR NURSERY INCo MAINTENANCE SUPPLIES 83tI3 43.41
7713 ASSOCIATION OF RECORDS MANAGERS · ANNUAL MEMBERSHIP DUES 83II4 140.00
4036 ATLAS COPCO HAXNTENANCE SUPPLIES 83115 138.00
2616 AUTO PARTS COMPANY, XNC VEHICLE MAINTENANCE SUPPLIES e 83116 201,42
84I BANK OF AMERICA-CORPORATE AONINXSTRATXON FEES 83137 Ie755.40
33 BASELiNE TRUE VALUE HARDHARE MAINTENANCE SUPPLIES 63118 46.94
3227 DAYLESS STATIONERS OFFICE SUPPLIES 83119 106.37
1335 8[G A AUTO PARTS VEHICLE MAINTENANCE I 831ZO 224.20
Al BISHOP COMPANY MAINTENANCE SUPPLIES I 83121 1,831.14
7951 80NTENPOo COLETTE RECREAIlON REFUND 63122 46.25
7552 8RONNe JARBET RECREATION REFUND 83123 46.50
552 8URK-BLACKSCMLEGERe ROSEANN INSTRUCTOR FEE 83124 363°00
2440 BURRUSO, LISA INSTRUCTOR PAYMENT 83IZS 46.80
2559 C A L 8 O CAL60 RBN MEETING 83126 34,37
7953 CALIFORNIA STATE LIBRARY FOUNDATION MANUAL - SAFETY STANDARDS 83121 I7,78
7954 CAP BRQS, CONSTRUCTION REFUNO DEPOSIT 63128 ItOOOeOO
3303 CARDE pACIFXC CORPORATION MAINTENANCE/VEHICLE SUPPLIES 83129 91,15
68 CENTRAL CITIES SIGN SERVICE MAINTENANCE SUPPLIES I 83130 657,14
73 CITRUS MOTORS ONTARIDo XNC. VEHICLE MAINTENANCE/SUPPLIES I 6313I 514.54
74 CITY RENTALS EQUIPMENT RENTAL/SUPPLiES t 63132 I0058.03
4071 COMMERCIAL PETROLEUM EQUIPMENT MAINTENANCE SUPPLIES 83133 80,96
4119 COMPETITIVE EDGE CYCLEBY EQUIPMENT REPAIR I 63134 146.02
406I CONPETROL MANUFACTURING, INC. MAINTENANCE SUPPLIES 63135 67°50
(<< 83136 - 63136 )))
130 COMPUTER SERVICE CD SIGNAL MAINTENANCE/SUPPLIES J 83137 18w467.45
7955 COOPER, JENXFER RECREAIION REFUND 83136 50.00
647 CORONA INDUSTRIAL $AN~ COMPANY MAINTENANCE SUPPLIES I 83139 1e406.42
7945 CRypTOMERZA AUTO BUSINESS LICENSE REFUND 83140 23.60
(<( 83141 - 83144 )>)
~.4 85 CUCANONGA CO HATER DXST NONTHLY HATER BILLINGS e 83165 369658.02
CITY OF RANCHO CUCAHDNGA
LIST UF MARRANTS
FOR PERIOD: 01-12-94 (93/943
RUN DATE: 01/12194 PAGE: 2
VENDOR NAme ITEM OESCRZPTZON MARR NO HARM, AHT,
$, CHECKR OVERLAP
355 DANIELS TIRE SERVICE VEHICLE MAINTENANCE i SUPPLIES 83i46 78.56
1291 DATAVAULT ' Uo$. SAFE DEPOSIT COo DATA STORAGE 83147 130.00
7941 DAYTESt ALBERT H, DEPOSIT REFUND 83148 leO00,O0
7946 DECOR BY NANCY BUSINESS LICENSE REFUNO 63149 46.83
3493 DRAGNAt SHARON INSTRUCTOR PAYMENT 83150 21,00
660 DRESCO REPRODUCTIONS OFFICE SUPPLIES 63151 1iT.AS
SZ3 EASTNINe INC OFFICE SUPPLIES I 63[51 Oil.BE
7956 ECOLOGY CONSTRUCTZONe INC, REFUND BID PACKET 83193 35.00
1947 EZCHEN INTERIORS INGot CAROLE 8USEHESS LICENSE REFUND 83154 12.81
2366 EVERSAFE MAINT SUPPLIES 63155 114.18
1948 EXTREme SKI & DIKE BUSINESS LICENSE REFUND 83156 4Z.O&
1957 FOBTERm JASNZN RECREATION REFUND 83[57 5.00
3947 FOURTH STREET ROCK MAINTENANCE SUPPLIES I 63156 444.47
650 GRAINGENt HoMo MAINTENANCE SUPPLIES 83i59 342,11
146 GREAT MESTERN SAVINGS DEFERRED COMe 83i60 12t690.00
137 6TE CALIFORNIA MONTHLY TELEPHONE 6ILLENOS 8 63161 18146.13
?949 GTE DIRECTORIES SALES CORED BUSINESS LICENSE REFUNO 83t6Z Z3.07
3435 HARMINGTONe LOUISE INSTRUCTOR pAYMENT 63163 21.00
2863 HAVEN MINE & LIQUOR CO, $UD-COPMITTEE NEETENDS I 63166 31.76
IZ289 HAYES HICROCOHPUTER PRODUCTS HAINTENANCE SUPPLIES 83169 ZI.6S
3336 HEZLIQ, KELLY iNSTRUCTOR PAYRENT 83166 367.20
12290 HERBERT HANKINS COetINC° BUS[HESS LICENSE REFUND 63167 30.00
168 HOLLZDAV ROCK CO.e ZNC. HAINTENANCE SUPPLIES est6e 45.58
3633 HOMELESS OUTREACH PRGHS g EDUCATION HONTHLY SERVICES 63 i69 165,00
1234 HOSENAN mAINTENANCE SUPPLIES I 83170 106.16
161 HOYT LUMBER CO.t SeN. MAINTENANCE SUPPLIES e 63171 292.24
2412 HOYTt RAYMOND INSTRUCTOR PAYMENT 83172 312.00
4KS mYORO-SCAPE PROOUCTS, XNC LANDSCAPE MAINTENANCE SUPPLIES 63173 i8.75
103 [ C H A RETIREMENT TRUST DEFERRED COHP 83174 666.00
897 IReREDO, ANNUAL MEMBERSHIP DUES 83113 95.00
897 I~CoBoOo ANNUAL MEMBERSHIP OUES 83176 22.50
46 iNDUSTRIAL ASPHALT MAINTENANCE SUPPLIES I 83177 I36,3T
I2288 INLAND EMPIRE BUSINESS JOURNAL ECONOMIC FORECAST flEETING 83176 65,00
907 INLANO MEDIATION BOARD LANDLORD/TENANT DISPUTE I 83179 1,607.31
IZ1 INLAND VALLEY DAILY BULLETIN ADVERTISING t 63160 5,952.78
6121 INTERNATIONAL ASSOCIATION OF HINDERSHIP DUES 83i61 36.00
41ZO JACK JONES TRUCKZNGe ZNCo MAINTENANCE 63162 [9.90
612 JAESCHKE ZNC.e C.R. VEHICLE MAINTENANCE 83163 12,36
Z386 JOHNSTONE SUPPLY HAXNTENANCE SUPPLIES 83164 36,14
149 KING[ L.Oo PROFESSIONAL SERVICES I 83185 44,148.24
1118 KNOX mAINTENANCE SUPPLIES I 83186 467.11
1024 KOCH mATERIALS COMPANY HA1NTENANCE SUPPLIES I 63167 448,02
S9S LANCE, BOLL i LUNGHARD AUDIT SERVICES 831ee 4,0zz.oo
12294 ~ANOERSe GARY C. CePeA. BUSINESS LICENSE REFUND 83t89 lO°/O
IZZBZ LITTLE CAESAR$ PIZZA BUSINESS LICENSE REFUND 83190 23o00
1Z291 mRS° LANOSCAPE& CAREENING SERVICE BUSINESS LICENSE REFUND 83191 25.80
72 HARK CHRISt INCa VEHICLE MAINTENANCE SUPPLIES 83192 71,36
3907 MASTER-SORT[ ZNC. PRESORT HAIL SERVICES 83193 lZ4el3
1025 MC MASTER-CARR SUPPLY COMPANY MAINTENANCE SUPPLIES I 63194 1,Z1T.43
412 N B ! NAZNTEkANCE CONTRACT 83195 teSZO.O0
L'%~ZZ48 NAP' AUTO PARTS VEHICLE MAINTENANCE I 63196 37.28
C[IY QF RANCHO CI' HONGA
RUN DATE: 01/12/96 PAGE: 3
VENDOR NiNE [TEN OESCRIPTIDN NARR NO NARRo ANTe
,, CHECKA OVERLAP
3637 NATIONAL UNEFORN SERVICE UNZFORP SERVICES J 83197 405.04
3693 NATIONVIDE MOBILE H0ME REHAB, PROGRAM I 83198 605.50
12193 NG QUXNN, NINA RECREATION REFUND 83199 27°50
712 NORRZS-REPKE, INC. CONSULTING SERVICES 83200 2e276.O0
3366 NURSERYLAND LANDSCAPE SUPPLIES 83201 21.51
((( 83202 - 83202 )))
309 O C 0 REPROGRRPHICS, INC HETROL[NK I 83203 500o13
3632 OLDTIMERS FOUNDAT[ON OLDTIMERS FOUNDATION 83206 541.89
67 ON-CALL COMMUNICATIONS HONTHLY SERVICES 83205 33.50
3069 ONTARIO FIRE EXTINGUISHER CO, FIRE EXTINGUISHER SERVICES 83206 31.00
1226 ORANGE COUNTY STRIPING SVCe INC. STRIPING SERVICES 8320T 6,687o15
1826 PACTEL CELLULAR CELLULAR PHONE BILLINGS B 83Z08 310.87
1926 PACTEL CELLULAR CELLULAR PHONE BILLINGS 8 63209 166.61
4054 PANXAGUA ROOFXNG REHA6 PROGRAN 63210 239.20
687 PATTON SALES CORP, MAINTENANCE SUPPLIES 83211 179.66
362 PIP PRINTING RECREATION SUPPLIES t 83212 70.95
ZSS PONA DISTRIBUTING CO VEHICLE MAINTENANCE & SUPPLIES I 63213 7,386.Z1
3166 PRINCIPAL RUTUAL NEDZCAL/O[SABILITY INSURANCE 63216 66,064.85
65 PRUDENTIAL OVERALL SUPPLY MAINTENANCE SUPPLIES I 63215 53.66
1038 R J N DESIGN GROUP, INCo PROFESSIONAL SERVICES 8 83216 16,339.92
418 R H A GROUP SOIL TESTING SERVICES 83217 217.00
229 RANCHO CUCA REDEVELOPRENT AGENCY REIMBURSE GRANT FUNDS 83218 3,959,630.00
2600 RANCHO CUCANQNGA FIRE DISTRICT PLAN CHECK SERVICES 83219 200.00
2600 RANCNO CUCAMONGA FIRE DISTRICT PLAN CHECK SERVICES 832Z0 Z52.TO
3363 RANCHQ FOBILE HONES REHAe PROGeAR 832Z1 Z95.50
8366 RANCHO SHEET NETALe INCH 8USINESS LICENSE REFUND 83222 8.50
8356 RAT'S POUL L SPA 6USINESS LICENSE REFUND 83223 16.50
8367 RIAIe RAR[AR RECREATION REFUNDS 83226 241.50
276 RZVERSXOE BLUEPRINT PRINTS I 83225 3[0.10
8348 RIVERSIDE PLASTERING CO, BUSINESS LICENSE REFUND 83226 12.60
8369 RUSS DRESS FOR LESS 1212 6USINESS LICENSE REFUNDS 83227 21.98
16 ROTART CORPORATION MAINTENANCE SUPPLIES 83228 510.91
8350 RUSSELL, 8RETT RECREATION REFUNOS 832Z9 26.00
436 S C C C i HEETING 63230 50.00
571 SAN BERN CO OFFICE OF NNGNNT 5VC TELEPROCESSZNG SERVICES 83231 286.00
300 SAN 8ERNAROINO COUNTY REZH8 PARKING CITATIONS 83232 551.00
6108 SECURITY FIRE PROTECTION SERVICES RENDERED 83233 85.00
SIS SENPLOp JUDY INSTRUCTOR PATRENT 83234 406.00
3645 SZLVIA CONSTRUCTZONe INC. PROGRESS ESTZHATE e 83235 111,636.02
3946 SMITH CONPINY NAZNT SUPPLIES 83236 538.85
319 SO CALXF GAS CO. MONTHLY GAS BILLS 83237 2,7z4.88
8331 SOUTHERN CAL AIR SYSTEMS BUSINESS LICENSE REFUND 63236 19.80
((( 83239 - 63266
3432 ~OUTNERN CALIFORNIA EDISON HONTHLY ELECTRIC BILLS I 83265 25,543.09
646 ~TANDARO INSURANCE CO. INSURANCE PRENIUR 83246 lOT,SO
1316 STOVER SEEO COMPANY LANOSCAPE SUPPLIES t 83247 16697.06
3607 STREET TREE SEMINAR TREE SEHINAR 63268 ZO0oOO
8352 STRIGGLER, CHARNETRA RECREATION REFUNDS 83269 140.00
8353 STUDEBAKER, SISHA RECREATION REFUNOS 83250 5.00
376 5ULLZVAN, R PLAN CHECK 83251 560.00
C~8356 SUPERIOR PACIFEC CONSTRUCTION BUSINESS LICENSE REFUNO 63252 32°76
C[[Y OF RANCHO CUCAMONGA
L[S1 OF MARRANTS
FOR PERIODI 01-12-94 (9319,)
RUN DATE~ 0~/1~19~ PAGE~
6111 $UIFTV SIGN SIGN DISPLAYS 83253 219.23
1443 TURNER, ESTHER MILEAGE REIMBURSEMENT 83255 100.00
693 UoS.INHITE VAN.DATTERV CO.i inC. VEHICLE MAINTENANCE SUPPLIES R 03256 146.02
2958 UNPS ARE US ASSOCIATION UNP SERVICES 83257 270°00
e35D UNITAC CDRPo BUSINESS LICENSE REFUND 83258 9.00
4T~ VERNEER-CALIFORNIA MAINTENANCE SUPPLIES 83259 16.93
8357 VICTORIA'S FAIRE BUSINESS LICENSE REFUNDS 83260 7.50
3721 VILLAGE NURSERIES LANDSCAPE SUPPLieS 83261 141.98
499 VISION SERVICE PLAN - (CA) MONTHLY VISION SERVICE BILLING 83262 6,152o28
1103 VISTA PAINT NAZNT SUPPLIES 83263 41.16
2340 VORTEX INDUSTRIES MAINT SERVICE i REPAIRS 83264 283.78
213 UAXIEw KLEEN-LZNE CORP MAiNT SUPPLIES J 83265 72.95
345 UHITNEY MACHINERY NAZNT SUPPLIES 8 83266
IS8 HiTS RECREACTION SUPPLIES 03261
S09 XEROX CORPORATION COPY MACHINE SUPPLiES/SERVICE 83268
2021 YORK iNDUSTRIES GRAFFZTI REMOVER 03269 2,120.52
3Tl Zee MEDICAL SERVICE RECREATION SUPPLIES 83270 26.83
348 ZEP MANUFACTURING COMPANY VEHICLE MAINT SUPPLIES 8 83271 325.20
CITY OF RANCHQ CUrtHONDA
LIST OF HARE
FOR PERIODZ Ol-. (9i/DA)
RUM DATE: OI/ZO/V~ PAGE:
VENDOR NA~E ZTEN DESCRIPTION NARR NQ WARI. ANT.
I~ CHICKI 0VERLAP
T95, Y UP 80TILING COMPANY DUSINE$S LICENSE REFUND MIST5
(<< 83216 - 83276
IO A C B TIRE SERVICE VEHICLE MAINTENANCE I 83ZTT 2.402°62
I A.C.E. OFFICE SUPPLZES OFFICE SUPPLIES I 83276 IZlo55
TV6O AIAG PUBLICATION I 15IT9
7,6l ARC PROOUCTS COMPANY BUSINESS LICENSE REFUND 8iZOO
Y AeLETRONIC$ MAINTENANCE SUPPLIES 8 83Z8I 9T.51
)OTO ABSOLUTE ASPHALT, INC. MAINTENANCE REPAIRS E328Z 255ovI
3YES ACTION ART RECREATION SUPPLIES R3213 IZ,oBO
7VGZ ALAMEDA MAIN STREET PUBLICATION IJZOA IZ.00
3666 ALEXANDER BATTERY COMPANY HAST OFFICE SUPPLIES 8 8)ZGS 89o51
'ROD, ALL HEATHER ROOFING REHABILITATION PROGRAd 5)ZR6 3ROOTBOO
SIGT ALL-CITIES FENCE COMpANY MAINTENANCE REPAIRS 9328Y Z,O.OQ
1963 AMERICAN ICEDENY OF ORTNOPAEOIC PUBLICATIONS R3188 60o00
I430 AHERICAN eaSineSS FORMS OFFICE SUPPLIES I 8529, 2,36TOS3
2693 ANTECH DEL ]ABLE ELEVATOR CO. MONTHLY SERVICE 83Z90 )84°66
· 7964 APPA PUBLICATIONS PUBLICATION 8iZVl At.Q0
I457 ASSOCZATEO PLANTSCAPERS, INC. MONTHLY MAINTANAKA SERVICE 83Z,Z 1,585o80
ZGx6 AUTO PARTS COMPANY; INC VEHICLE MAINTENANCE SUPPLIES 83293 lEO.55
lOGS AWAROS BY CHAMPION ENGRAVED PLAQUE 83294 64°65
1965 AZTEC TERMITE COnPANT BUSINESS LiCeNSe REFUND 832,5 SoAQ
T,66 BAeCQ CONSTRUCTION INC. BUSINESS LICENSE RIFUNO 83296 lOT.el
33 BASEL[ME TRUE VALUE HARDHARE MAINTENANCE SUPPLIES R 83291 6°36
5ZZ7 DAYLESS STATIONERS OFFICE SUPPLIES g 83Z96 ,8.30
7567 BENTLEY ROOFING COMPANY DUS1NES$ LICENSE REFUND 63Z, V
I338 RiG A AUTO PARTS VEHICLE HAZNTENANCE J iiBOO ZgT.Ze
7,6E BILL'S AUTO aRECRIER BUSINESS LICENSE REFUND 13301 Z4.89
2,36 BLACKHANK ENGINEERING CONTRACT SERVICE S 83302 i,18ZoZ6
3550 8ODBL RESOURCES, INCo MAINTENANCE SUPPLIES 83305 14Z.55
3,2~ BRATHEAR UNIFORMS 63304
3619 DRZCNEN 8 ASSOCIATES INC., GORDON PROFESSIONAL SERVICES 83305 750°00
T,69 C&A SHEET NATAL BUSINESS LICENSE REFUND li)06 59.92
1151 CAL NeSTERR PAINT MAINTENANCE SUPPLIES e 6330T IwZ,Ao68
ZYSO CALIFORNIA PRO SURFACES MAINTENANCE REPAIRS I 83308
SZi3 CALIFORNIA SENSOR CORPORATION OFFICEINASNTENANCE EQUIPMENT E)30, IeOG6oTi
T,TO CANPLIED ON THe BAT TEEN CANE TRIP 6)iZO 410.88
3lOS CADDe PACIFIC CORPORATION MAINTENANCE/VEHICLE SUPPLIES 63Eli
898 CHEVRON U 5 Ae SNC GASOLINe CHARGES 855IZ It.AS
T3 CITRUS NOTORS ONTARIO, ZnC, VEHICLE ItAINTENANCE/SUPPLZE$ e RIll3 el.s5
T4 CITY RENTALS EQUIPHINT DENTAL/SUPPLIES eiJI4
Z470 COLTON TRUCK SUPPLY VEHICLE MAINTENANCE SUPPLIES g 63315 381.56
I6'2 COHPUSERVEe INCORPORATED MONTHLY SERVICE I 85316
Z6i, CONPUTRONZC$ MAINTENANCE AGREEMENT 1BElt
Ttll CREATIVE 8UILOING CONCEPTS BUSINESS LICENSE REFUND 83518
1~11 C$U$8 OFFICE OF EXTENOED IDUCATIQN ,A PROSPECTS FOR RECOVERY eB)z9 35.00
<<< 6])zo * 6))zI
CiTY OF RANCHO CUCANQNGA
LIST QF MARRANTS
FOR PERIOD: 01-10-96 (93/86)
RUN DATE: 01/~0/9~ PAGE:
VENDOR NAMe iTEM DESCRIPTION WARE NO WARRo ANT.
el CHECKt OVERLAP
101 OETCO OFFICE SUPPLIES I 63321 S/.II
130 OIETeRZCH INTERNATIONAL TRUCN VEHICLE MAINTENANCE 93318 26.26
ZIA OIETZ TONING VEHICLE TONING 83319 IAO.IO
TBYZ DYNATOX LABORATORY INCo BUSINESS LICeNSe REFUND 633)0 3OoOO
S23 EASTNAMe [NC OFFICe SUPPLIES 8 63333
3604 eCOFFe JILL EMPLOYEE/COMMUTER Of THE MONTH 8 13332 TS.OO
1114 EXECUTIVE FROGRAN PUBLICATIONS 63333 43.94
123 PeOEIAL eX81eSS COlP OF. LIVElY SERVICE 83334 iS.SO
2909 FILTER FIeCYCLING SERVICEs ZICo MAZ NTEHANCE SUPPLIES 83335 120.00
2391 FIRST SOLUTIONS CQUPUTeR SUPPLIES/RENTAL 83336 269.36
1973 FONTaRM PRODUCTS INC, BUSINESS LICeNSe REFUND 63331 il.O0
ZIAO FORO OF UPLAIDe lICe VEHICLe MAINTENANCE 83338 12.29
TVTA FOSTER FOOD PRODUCTS BUSINESS LICENSe leFUNO 83339 i2.OO
1082 FRANKLIN QUEST CO, OFFICE SUPPLIES I 83340 164.20
18YS GAIOeNZA FOOOS CODe [NCo BUSINESS LICeNSe REFUND 8334I 12.00
SS2 GENE'S ALL COLOl PAINT MAINTENANCE SUPPLIES 83342 61.96
3847 GFD - FRIEORICH 6 ASSOC. PROFESSIONAL SeRvices 833A3 386.00
3386 GOLDEN lear AIIORIST S, INC. PROFESSIONAL SERVICES 83~4 6elAO.OO
IVY6 GOLDEN STATE FOODS COlPORATION BUSINESS LICENSE IEFUND 83345 6.00
~81 GRAVES AUTQHOTIVE SUPPLY MAINTENANCe SUPPLIES 13366 8.23
ii39 GREeNNOOD'S UNIFORMS UNipORN SERVICE I 83367 540.Z2
1977 GlEGG ELECTRIC [NC, BUSINESS LICENSE IEFUNO 83348 64,31
137 GTE CALIFORNIA MONTHLY TELEPHONE BILLINGS I 83369 ' h082.18
1266 HAVEN BUILDING RATeORALS MAINTENANCE SUPPLIES 83350 66°59
A62 HCS-CUTLeR STEEL CO, EQUIPHINT MAINTENANCE e 8335[ lBZ.6A
2069 MeTOEJ DONALD L. IUSTIUCTQR PAyMeNT 83332 158.40
12303 HISFALAN DEVELOPMENT DIPOIl1 REFUNO 83353 9OO.OO
161 HDTT LUMBER CO,e SoMo MAINTENANCE SUPPLIES e 833s6 Z68.90
495 HVOIO-SCAPe PeOOUCTS, ZNC LANDSCIPE MAINTENANCE SUPPLIES I 83355 5o8.41
46 INOUSTIIAL ASPHALT MAINTENANCE SUPPLIES 8 83356 1e139,65
65 INLAND FACTORS MAINTENANCE SUPPLIES 83351 39.10
3885 INLANO LANNNONEI VENZCLE MAZNTeNANCE 63358 8.88
92 iNLAND VALLEY DAILY BULLETIN SUISCRIPTZONS 63359 116.48
612 JIESCHKe INCoe Colo VEHICLE NAINTENANCe I 83360 330,TO
lOT RING DEALING INC. MAINTENANCE SUPPLIES 93361 28.16
14IS KNAPP SHOE COMPANY SAFETY SHOES 63362 ISOoOO
12Z98 KNIGHT CONSTRUCTION iNC. e REEVE eUSINESS LICENSe REFUND 83363 15.15
Sill KNOX HA1 NTENANCE SUPPLIES I 63364 106.2 S
l)T4 KIAUS CONSTRUCT[ONeINCo OVERPAYMENT ON PLAN CHECK 63365 1Z9.62
12304 L. i N. UNifORM SUPPLY CO., INC. BUSINESS LICENSE REFUND 83366 lI.lO
ZTTO L.A. DODGERS OaTCaMP FIELO TRIP 83367 312.00
SIS LANOSCAPe NEST LANDSCAPE MAINTENANCE 83361 396.93
((( 83368 - 83369
I69 LANSON PIOOUCTSt ZNCo HAKNTENANCE SUPPLIES 8 633~0 6e286o60
|ZZt/ LEGGS PRODUCTS BUSINESS LICENSE REFUND 63371 311.63
]14A LOS ANGELES SAFE g VAULT MAINTENANCE 63372 40o00
IiIWl LUSAIO! CONSIIUCTZQN CO. BUS [HESS LICENSE REFUNO 63373 801o90
CITY OF RAMCNQ CUCANQNGA
LIST QF NARR
FOR PERIDU: O!- (95/94)
RUN DATE: Ol/ZO/9~ PAGE:
VENDOR NINE lIEN DESCRIPTION HAiR NO MAll,
It CHECKI OVERLAP
2191 NICHAEL'S CRAFTS RECREATION SUPPLIES 83318 46.2Z
I2305 RICHEELS STORE I IBOXV BUSINESS LICENSE REFUND 83319 46°00
12Z96 NOQREFIELD $YSTEN$ BUSINESS LICENSE REFUND 83380 SO.IT
2350 MUNICIPAL SERVICES GIOUPe INC. LEASE PAYMENT 83381 2T,ige. SS
ITS N R SILONAY FOOTHILL MARKETPLACE e 833RZ /BlOT.SO
1228 N R P i - NORTHEAST SERVICE CENTER NNPR MEET[fiG REGISTRATION e 83383 S3oOO
<(( iSIB4 - 83385
2248 NAPA AUTO PINTS VEHICLE MAINTENANCE J 83386 SBO.AO
1Z295 NATIONAL GUARDIAN ALARM SERVICE BUSINESS LICENSE REFUND 83Set /.ZO
3431 NATIONAL UNIFORM SERVICE UNIFORM SERVICES O 3380 42.93
12301 NCCER MAINTENANCE SUPPLIES 83319 5.00
IEBoo NCEEB - Slate UNEVENSITT OF NeYo MAINTENANCE SUPPLIES 8339O 15.00
12302 O'NEILe NILLIAN Jo DUES REFUND R3391 160.O0
232 OMNITRAN$ BUS PASSES 83392 318o50
67 ON-CALL COMMUNICATIONS MONTHLY SERVICES I 83393 65.I1
Z6AO OH-CALL COMMUNICATIONS MONTHLY SERVICES I 83394 83A.II
12306 ONE HOUR PHOTO BUSINESS LICENSE REFUND 83395 21.AN
235 OREN ELECTRIC NAZNTENANCE SUPPLIES 83396 118.15
3953 PACIFIC COASt AIR TOOL MAINTENANCE SUPPLIES 83397 855°93
538 PACIFIC EQUIPT i IRRIGATION, INC. MAINTENANCE SUPPLIES e 83398 ll,688.YZ
1123 PAGENET PAGING SERVICE 83390 6S.O0
Z592 PIGENTRY PRODUCTION RECREATION EVENTS 83AOO 12.86
lie PARAGON BUILDING PRODUCTS INC. CONCRETE SUPPLIES I eBAOI 57.8!
ART PATTON SALES CORP. MAINTENANCE SUPPLIES R3,Q2 60.12
151 PEP BOYS VEHICLE NAENTENANCE SUPPLIES R34bQ3 let.El
IQE9 PHOTO HOUSE QF CRLIFQNNZA PHOTO SUPPLIES I RI~Q4
SA2 PIP PRINTING RECREAIIQN SUPPLIES R3405 161.63
IDA9 POMONA VALLEY KARASAKI VEHICLE MAINTENANCE SUPPLIES e 83,06 521.11
8359 PRO t HOUR PHOTO BUSINESS LICENSE REFUNDS 83401 II.Bl
65 PRUDENTIAL OVERALL SUPPLY MAINTENANCE SUPPLIES I 83~08 26iDlY
2St i L R AUTONOlZVE VEHICLE NAINT,$UPPLIESLSEIVZCE I R3qO9 3Tel8.33
4025 I J SUPPLY CO. MAINTENANCE SUPPLIES I 83410 160.39
1360 BANCNO HYE RARKET L DELl BUSINESS LICENSE REFUND 83411 la.O0
1361 RANCNO PARALEGAL SERVICES BUSINESS LICENSE REFUNO e)A!2 IA.ZO
9362 RATREle CAROL BUSINESS LICENSE REFUNDS 63413 ZIo20
8183 RBM LOCK L KEY SERVICE MAINTENANCE SUPPLIES R3&lA
B363 RED ROVER DOG GROOMING BUSINESS LICENSE REFUND 83415 12o96
S&5 RED RING SHOE STONE SAFETY BOOTS e m3~16 381o67
216 RIVERSIDE NLUEPBINT PRINTS I e34IT
16 ROTlIT CORPORATION NAINTENANCE SUPPLIES RSAI8 3&0.69
aRT3 ROYAL AUTOMATIC FIVE PROTECYIOMtlHC BUSINESS LICENSE NEPUNO 83419 2Y.90
1152 S C E S A NEMaEDSHIP DUES 83420 160o00
CXTV QF RANCHO CUCANONGA
LXST OF MARRANTS
FOR PERIO·; 01-10-94 (91/94)
RUN DATE: 01/20/94 PAGE: ·
VENDOR NAHE ZTEN OESCRIPII·N MIRA NO MARl. ART.
eS CHECKS OVERLAP
6Hi $PEEONAE HUFFLEa INC. VEHICLE SAINT SUPPLIES/SERVICE 63431 IS.)9
4125 SPENCER L ASSOCIATES REHAB PROGRAM 63431
817 STANDARD OFFICE STSTEHS BUSINESS LICENSE REFUNDS DIAl3 ZS.OO
6)66 TABLE TUXEDOS BUSINESS LICENSE REFUNO 83434 13,00
936 TARGET SPECIALTY PROOUCT$ NA[NT SUPPLIES R 83435 3flaIR.Z8
341 TRAMS-REST FORO TRUCE VEHICLE HAINT SUPPLIES D 3436 60.95
ISO U.S. POSTHAIlER POSTAGE LANDSCAPE NENSLETTER 63431 20Z.SO
8)61 U.S. RENTALS BUSINESS LICENSE REFUNO 8)436
693 U.S./NHITE VAN RATTEal CO., INC, VEHICLE MAINTENANCE SUPPLIES I 63439 31.66
29S8 UHPS ARE US ASSOCIATION UNP SERVICES 83440 S,311.00
1126 UN[TEO PARCEL SEIV[CE UPS SERVICE 8344I 300o00
'3421 V[K[N5 OFF ICE PRODUCT S OFF ICE SUPPLIES 83~bZ 137o2
8368 VISIONAll SUe SCRIPTZONS 13463 44.·0
1103 VISTA PAINT NAINT SUPPLIES O 83464 IS,IX
8369 NAOMI· BUSINESS LICENSE REFUND 13445 14.20
213 UAXIe, KLeEN-LZNE CQRP HAZNT SUPPLIES R 83466 6SQ.1Q
8370 HEIGHT UATCNERS QF SAN DIEGO BUSINESS LECENSE REFUND eS44T 28.I6
267 NESTRaN ROCK CO ASPHALt G CONCRETE E 83468 465.13
4044 dESTEeN HASTE INDUSTRIES RECREATION SUPPLIES 834A9 135.00
7SI NITS RECREACTION SUPPLIES 8S4SO 16.43
91 NOLF[NRARGER/NCot OeFe LANOSCAPE SUPPLIES · 13451 3it.It
509 XE·OX CORPORATION COPT NACNXNE SUPPLIES/SERVICE R E345Z .. 4,644,01
R]TZ YARRROUGH IZHCO BUSINESS LICENSE REFUND 83453 23.00
8311 YOSEMITE NAVELS BUSINESS LICENSE IEFUND 13454 112.50
3TI lee MEDICAL SERVICE IRaRATiON SUPPLIES · 93455 1T6,44
el TOTAL 128,1D0,94
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 2, 1994
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Robert C. Dominguez, Administrative Services Director
SUBJECT: ADOPTION OF PERSONNEL RULES AND REGULATIONS
SUMMARY
The City has compiled a set of Personnel Rules and Regulations for all employees.
These Rules and Regulations cover provisions dealing with position classification,
recruitment, compensation, disciplinary action, employee conduct and other
matters directly affecting employees in the workplace. During the past nine month,
City staff and representatives from each employee group have reviewed in detail the
provisions of the document. The Rules have further been reviewed by the City
Attorney's office and by the City's labor relations attorney. Pursuant to Rule 1
Section 3 of the Rules, the City Council shall adopt the rules and authorize staff to
enact.
Since incorporation the City has not had a definitive set of Rules and Regulations
for employees. Several years ago staff undertook the task of preparing a
consolidated set of Rules and Regulations. During the past several months, staff has
refined and ultimately completed a final set of Rules and Regulations which are
now available for City Courtall consideration.
FINDINGS
The provisions within the Rules are consistent with other Municipal jurisdictions
and include the following key areas:
1. Position classifications
2. Recruitment and selection
3. Employee conduct and disdpline
4. Grievance procedures
5. Appeal procedures
CITY COUNCIL MEETING
ADOPTION OF PERSONNEL RULES AND REGULATIONS
February 2, 1994
Page 2
The proposed Rules and Regulations will be distributed to all full-time employees.
Copies will also be made available to Departments and Divisions so that references
can quickly be made. The Personnel office w~l, of course, always be available to
assist in answering questions regarding provisions of the Rules.
Adoption of the Personnel Rules and Regulations will ensure an equitable
application of Personnel policies throughout the City and offer all employees a fair
opportunity to be heard, should there be any violation of the Rules and Regulations.
RECOMMENDATION
It is recommended that the City Council, by minute action, adopt the Personnel
Rules and Regulations for the City of Rancho Cucamonga.
Respectfully submitted,
/ ' ~ez
rvices Director
RCD/rs
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 2, 1994
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
JACK LAM, CITY MANAGER A.I.C.P.
FROM: BRUCE ZEINER, CHIEF OF POLICE
SUBJECT: ASSET SEIZURE EXPENDITURE REQUBST-CAMERA EQUIPMENT
Funds in the asset seizure account are the result of legal
proceedings against assets of narcotics offenders. There is
currently $196,717.32 in this account.
Health and Safety Code 11489 describes use of these funds and
places only two limits on how they can be spent:
1. They must be used "exclusively to support the law
enforcement...efforts of those agencies."
2. The money "shall not supplant any state or local funds
that would {otherwise) be made available" to the
agency.
The Rancho Cucamonga Police Department would like to purchase the
following items utilizing funds from the Asset Seizure Account.
As per Section 11489 of the Health and Safety Code, these items
will be used exclusively to support the law enforcement efforts
of the department.
These expenditures are not supplanting any city funds that would
otherwise be made available.
CAMERA EQUIPMENT
RECOMMENDATION:
Staff recommends that the City Council approve the
expenditure of not more than $4,500 for two (2) full camera
systems that includes the following items:
Nikon N6006 35AF Camera
Nikon 28-70 zoom lens with 521A filter
Nikon SB25 Flash W/SC 17 TTL cord
Nikon 60 mm macro lens for 1:1 photos
Quantum QBlt battery pack w/module
Page 2 of 2 pages
'Asset Seizure Expenditure Request-Camera Equipment
February 2, 1994
BACKGROUND:
The current camera system equipment used by the Police Department
{Cannon AE1} is over six (6) years old. The department is
finding that the Canon AE1 is nearly obsolete and becoming nearly
impossible to repair due to lack of replacement parts. Over the
course of heavy usage, sometimes during extreme weather
conditions or less than optimum camera conditions, we are finding
that our current equipment is effective only about 75% of the
time.
During the course of a year, the two forensic technicians
assigned to the department average a minimu~ of 24 photographs
per each work day. That daily average equates to approximately
5,760 photographs a year. During the investigation of major
criminal cases or severe traffic accidents, 100 to 200 per
photographs per incident are not uncommon.
Knowing that the police department camera equipment was fast
becoming totally obsolete and inadequate to meet our needs, a
survey began in July 1993 to seek out a system that would stand
up to the rigors of our demands. With our best information
coming from other law enforcement agencies, we recommend the
Nikon N6006 system as noted.
Our older Canon AE1 camera system will be kept as a backup system
in the event of emergency situations.
( CITY OF RANCHO CUCAMONGA
_ STAFF REPORT
DATE: February 2, 1994
TO: Mayor and )(embers of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Linda R. Beek, Jr. Engineer'~*
SUBJECT: AWARD AND AUTHORIZATION FOR EXECUTION OF CONTRACT FOR
RESURFACING OF TRAFFIC BEARING DECK/PARKING STRUCTURE
IMPROVEMENT PR(XIECT LOCATED 10500 CIVIC CENTER DRIVE, RDA
ACCOUNT NO. 17-15000
NEC(Mf. NDATION:
It is reconmnended that the City Council accept all bid proposals as
received, award and authorize execution of contract for Resurfactng of
Traffic Bearing Deck/Parking Structure Improvement Project to the lowest
responsive bidder and authorize the Administrative Services Director to
expend funds from RDA Account No. 17-15000.
BAG(GROUND/ANALYSIS
Bids are being solicited, received and opened on February 1, 1994, for
the subject project. The City Engineer will submit the lowest responsive
bldder's name and the bid anmunt at the council meeting of Februa~ 2,
1994. The Englneer's estimate is $70,000.00. Staff has reviewed all
bids received and found them to be complete and in accordance with the
bid requirements. Staff has completed the required background
investigation and finds all bidders to meet the requirements of the bid
documents.
Respectfully submitted,
Will lam J. O'Netl
City Engtner
WJO:LRD:dlw
Attachment
13
CITY OF RANCHO CUCAMONGA
DATE: February a, lgg4 STAFF REPORT
TO: Mayor and Members of the City Council
Jack Lain, AICP, City Manager
FROM: Will Jam J. O'Neil, City Engineer
BY: Linda R. Beck, Jr. Engineer
SUBJECT: AWARD AND AUTHORIZATION FOR EXECUTION OF CONTRACT FOR SAPPHIRE
STREET STOI~4 DRAIN AND STREET IMPROVEMENT, BANYAN STREET TO MOON
COURT; CARNELIAN STREET RA!4PS FOR DISABLED PERSONS, FROM BASE LINE
ROAD TO NINETEENTH STREET; AND BASE LINE ROAD IMPROVEMENTS, EAST OF
VICTORIA PARK LANE, TO KERSHAW CONSTRUCTION COMPANY, INCORPORATED,
FOR THE At4OUNT OF $77,861 ($70,744 PLUS 101 CONTINGENCY), TO BE
FUNDED FROM PROP 111, ACCOUNT NO. 10-4637-9307 ($57,688); TDA
ARTICLE 3, ACCOUNT NO. 16-4637-9106 ($11,880); AND GAS TAX, ACCOUNT
NO. 09-4637-9302 ($8,283)
IIECI)I!I]~)ATIOI:
It is recommended that the City Council accept all bid proposals as received,
award and authorize execution of contract for Sapphire Street Storm Drain and
Street Improvement, Banyan Street to Moon Court; Carnelian Street ramps for
disabled persons, from Base Line R~ad to Nineteenth Street; and Base Line Read
Improvements, east of Victoria Park Lane Improvement Project to the lowest
responsive bidder, Kershaw Construction Company, Incorporated, for the amount of
$70,744 and authorize the Administrative Services Director to expend $77,851
($70,744 plus 101 contingency), to be funded from Prop. 111, Account 14o. 10-4637-
9307; TDA Article 3, Account No. 16-4637-g106; and Gas Tax, Account No. 09-4637-
9302.
BACXGRIXJND/AJIALYSIS
Per previous Council action, bids were solicited, received and opened on January
19, 1994, for the subject project. ICershaw Construction CoWany, Incorporated, is
the apparent lowest responsive bidder ~th a bid amount of $70,744 (see attached
bid su~ary). The Engtner's estimate was $64,950. Staff has reviewed all bids
received and found the to be complete and in accordance with the bid
requirements. Staff has completed the required background investigation and finds
all bidders to m~t the requirements of the bid documents.
Respectfully submitted,
William J. O'Netl
City Engineer
WjO:LRD:dlw
Attachment
14
CITY OF RANCHO CUCAMONGA
SUMMARY OF pROPOSALS
SAPPHIRE, CARNELIAN & BASE LINE
BID DATE: JANUARY 19, 1994
ALTERNATE A Kenhaw Ceast. Co., In~ A.L. Chavea Enterprises, Inc. J.KG. Coral Co. Inc.
Item Itam Unit d gstlmmed Udt Amotmt Urea Amount Unit Amount
NIk ~ Mmmn Q~m~t~ Prices Prk~ Prices
3. Mir.. P.C.C. R,nu~d SP 950 S~.00 $|,~0.00 SI.32 Sl,254.60 $2.10 $1,9~5.~
· Rauo~P.~C. Cufb&CAma LP 148 S3.00 $444.(10 S$.23 $T/4.04 S7.~0 S1,110.00
S, ~.C. Ovaby TC)~ 420 S39.73 $16,69~.60 S33.61 Sl4,| 16.20 $34.00 $14,280.(30
6. Cold b (l~r w'uJe) SP S.2.S0 ~s0 $2,625.00 SO.S| S2,6~7.SO SO.S7
7. .klj MH Fw a, $0.60 $0.00 $0.00
Cover to (~de EA 2 S350.(]0 $7600.00 S350.00 S700.00 S500.60 S1
t Ctwh Buin Nck 34]0, w=!4 HA I S4,(]CI0.00 :$4,(}00.60 $3,600.60 $3,6(]0.¢1) $4,000.60 $4,000.00
9. (',wh Basin Nck 3OG, w-14 HA I S4,(}00.00 $,l,0OO.00 $4,400.00 S4,400.¢]0 $4,300.60
1O. 12" P.C.C.C. mb& S0.60 S0.00 SO.O0
14' Guau LF 148 $13.60 SI,924.60 Sl3.95 S2,064.~0 $20.60 $:Z.960.60
IL 6' PCC Dr. Ai~ W-12' L5 I $98860 S980.60 S3~0.00 S350.00 S1,(l]0.00
12. 6' P.CC. Sidcwalk 5F 950 S3.00 S2,8~O.00 $2.45 $2,327.50 $3.50
L). R & R Exit Troll Fasm LF 60 $10.60 S&]0.00 S46.60 S:2,7~0.(X) S6.60 S3(~.0.00
14. 24'Difm~aRCP LP 112 $9&00 Sl0,g76.60 S81.00 $9,072.60 $90.60
ii. R&RTmfikSiln IRA I $2IX).00 S2IX).00 $75.60 S7S.00 S115.00 $115.00
17. R & R pe,,~, Atu IJ I S500.00 S.~C0.00 S 1,880.00 S 1,800.00 $300.60
I&
19. Traffic ~ De.k~ $0.60 $0.60 $0.00
20. TrdficCcmmd LS I Sl,0(X).00 Sl,600.00 Sl,800.60 Sl,800.00 $750.00
2L T,,__,a,/Pav-,~-~ Mmkm L3 I Sl00.00 Sl00.00 S:250.00 SLcO.00 $500.60
3OTAL $52,444~0 S54,905.84 $S~,217.50
ALTERNATE B
Item Item UBM o1' ~ Unit Ammmt Unit Amocmt Unit Amount
1. R&RP.C.C. WhecldmrRmnp LS 11 $10,800.60 $10,800.60 $70730 SI2,735.60 $750.60
Teed $10,m~____m_ $12,7M.00
ALTERNATE C
Irma Itnm IMR d Ej~luled Unit Atomrot Unil Atomrot Unis Amount
I. t'x-a,4mg & Gp,daln_o LS I $~100.60 $~0.60 $1,800.60 $1,800.60 $500.60
9 l~sd:. P.C.C. !~nm~al CY II $30.60 ~30.60 $143.60 $1,579.60 $120.60
3. ~awcut LP ]0 $8.00 $240.60 $4.33 $129.60 $8.60
4. A.C. Pay''~m TON 24 $45.60 $1,080.60 $107.69 $2,584.56 $145.60
S. Undsflld~/olk Drain, No. 507 EA 2 ~2,000.00 $4,000.00 $1,865.60 $3,730.60 $1,750.60 $3,S00.00
6, 6' P.C.C.D. A. No. 101-A SF 420 $4.60 $1,680.00 $4.10 $1,722.00 $4.60 $1,680.60
TOTAL $7,J30.60 $11,S46.06 $10,720.60
SUBTOTAL $70,774.~0 $79J~6.~ $79,437.50
CITY OF RANCHO CUCAMONGA
SUMMARY OF PROPOSALS
PAGE 2 SAPPHIRE, CARNELIAN i BASE LINE
ALTERNATE A SoliF-MIller Caetrmtifmg. Co. EGN Cmam'ut'eJom Inc. Ldrd Cmastrucfima Co. Inc.
P"' [lain Uadl m~ ~di-~Mmd Uidt Aimmint Unit Atomrot Unit Atomrot
Nm. I)ma'fiMkm Mamma (~mmmy p,~, ~ Prkm
2. ck-,~mtOmb~m !~ I $3,100.00 $3,i00.00 $1,OO&00 $t,000.OO $7~0.00 $'7~0.00
~. !disc. P.C.C. Rmam, d SP 9~0 $1.00 S9~0.C0 $1.0S $*~7.~0 $~.20 $2.090.00
4. PnaM~eP.C.C. emb&Cmt2r L~ 14~ $6.35 $939.80 $8.2~ $1,221.00 $13.15 $1,946.20
I. A.C. Ov~day TON 420 $35.00 $14,700.00 $38.00 $1S,~0.O0 $39.~0 $16,758.00
· Cold Plane (10' ~,~k) SP 5,250 $0.58 $3,045.00 $0.69 $3,622.50 $0.52 $2,730.00
7. Adj MH Fame & $0.00 $0.130 $8.00
Covet m Otade BA 2 $'750.00 $ I ,..q}0.00 $500.00 $ 1,000.00 $500.00 $1
· Cntds Barn No, 300, w-14 BA I $4,900.00 $4,900.00 $6,100.00 $6,100.00 ~,875.00 $6,875.00
It 12" P.C.C. Cud~ & $0.00 $6.00 $0.00
14" Csmet L!~ 148 $17.20 $2,545.fs0 $36.50 $3,922.00 $18.00 $2,664.00
IL 6" PCC Dr. Appenads W-12' L8 I $730.00 $730.130 $~30.00 $1~0.00 $375.00 $375.00
IX 6' P.C.C. Skk. wslk SF 950 $2.60 S:2.470.00 $2.75 ~2,612.~0 $2;30 $2.185.00
IX R&R I]~stTs~iFt~s LF 60 $15.20 ~912.00 $15.00 $9~0.00 $12.50
14. 24' Dimmt~ RCP LF 112 $77.00 $~.624.00 $12.5.00 $14.000.(20 $'/2.50 $6.120.00
I~. Rax~WmtMm~ EA I f/2~.O0 , $72~.00 $1..,~0.00 $1,.SO0.O0 $1.'r~.00 $1.72~.00
I~. R&RTmffi~Siln KA I $1~0.00 $150.00 $100.00 $100.00 $150.00
17. R&RPImmA~ LS I $.~0.00 $300.00 $130000 $1.500.00 $500.00 .~00.00
!&
I~. Tinif's: SMpi~ I~s.~. $0.00 $6.00 $6.00
2~. TmWgCm~ LS I $1.2~0.00 $1,250.00 ~500.00 $360.00 $1,000.00 S1.000.00
2L Tm~mMy ~ Mmkm LS I $100.00 $100.00 $100JO $100.00 $~0.00 $200.00
TOTAL $S4,991,40 $62.43S,50 $SS.4S~.20
ALTF~NA'IX B
Item [lam ~ d ~ Usdt Atomare UmM Atomrot Unit Amount
L R A R P.C.C. WlmeldmirRmnp LS at $1,025.00 Sl8,450.00 $15.95100 S15,958.00 Sl,400.00 $25,200.00
Tml 118,4MM $15,~8.00
ALTERNATE C
Itam llmza UmM d* ~ Um/t Atomrot Umit Atomrot Unit Amount
Nm. Iksotlt4km Mm (~amtity ~ Pwk~
Z. Mig. P.C.C. Rmm~vai CY II $1~0.00 $2,0~0.00 $133.00 $1,46~.00 $180.00 $1,980.00
3, Saw{ma LF ~0 $14.00 $420.C0 $3.00 $1~0.00 $6.00 $180.00
· A.C. Pav,--~m TON 24 $150~00 $3,(100.00 Sl25.00 $3,000.00 S90.00 $2,160.00
S. / Drain, No. S07 BA 2 $1,~0.00 $3,200.00 $1.S0&00 $3,000.00 $1.S(X).00 $3,000.00
· 6' P.C.C.D.A. No. 101-A SF 420 ~i~75 $1,155.00 $3.49 $1,468.80 $3.00 $1,2~).00
TOTAL $1I,~S.00 $9,8~t mfi
8UWrOTAL $85,106.40 $88,222.30 $89,733.20
CITY OF RANCHO CUCAMONGA
SUMMARy OF PROPOSALS
SAPPHIRF., CARNELIAN & BASE LINE
ALTERNATE A J.D.C. Botal Itumtr~s, lac. RIverside ConMruttbm Co.
lira0 Im IJmlt at Entiremini UMt Amo~mt Unit Amount Unit Amio~M
Nm. ~ Mm ~d~y i ~
Io Mtlili"fiqO LS I $3,100.00 $2,100.00 $476.00 $476.00 $5,500.00 $5,500.00
Z. 0cains and Gridmini l,S I l~,7~0.00 $~,7~0.00 S~S.00 S~8.00 Sa,)0o.0o
~, Mbc, P,C.C. RmmwaJ II 9~) $1.~0 $1,4~.00 l~,2~ $7.,147.00 $2,50
· P,-,,,-~P.C~C. Cmb&0amef LF 148 $4.~) S(~6.00 $S,0O $1,164.00 S7.50 $i,ll0.00
,t A.C. Oreday TGl( 420 S~8.Z~ $lG,O~.O0 $41,40 $17,388.G0 $)2.00 $13,44G.O0
& CoidPIme(10'W'de) SP 5,Z~O $1.10 S~,T75.00 ~,51 $2,677.~0 SLOe ~,2.~.00
?, Adj MII Fame & $0.00 S0.~ $0,00
Corm. m Grade RA 2 $5~0,00 Sl ,lO0.O0 $530.00 $1,0~.00 $~00.00 $6OO.00
II, 12' P.C.C. Cud~ & ~.eO $0.(30
14° ~,m~, LF 14l $14.00 [Z,072.00 S29.70 $4,395.60 $15.00 S2,220.00
II, 6" FCC Dr. AislMMda W,-I2* LS I $6iM~00 $600.00 $1 ,f~0.OO $1,f~0.00 $d565.00 .~65.00
IX ~' P.C.C. Sidmwdk SP 950 $2.00 St ,9430.00 $4.50 $4,275.00 $3.00 ~Z,850.00
L.~ R & R Bait Trail F, mm LF 60 S1~00 $720.00 Sl0.~0 .$6,36.00 $,12.00 $2,520.00
14, 24*Diametm'RCP LF 112 :$~5.00 $9,5~0.00 Sl71.00 $19,1.52.00 $115.00 $12,880.00
!~, RelonmWaam'Mnet HA I $1,.500.00 $1,.q30.00 S344.GO i344.e0 S1,(310.00 Sl,080.00
IL R&RTmffkSiln RA I $150.00 S150.00 .lft. OO $4~.00 $274.00 $274.00
fY. R&RPbm0mAma L.3 I $5~0.00 tseo. eo S31a.00 $310.00 Si,227.00 $1,227.00
!1,
10, TmimkCmmt LS I $3,54X).00 $Z,500.00 $1,0SO.00 $1,0a0.00 $5,470.00 $5.470.00
TOTAL $~7,Z43.00 M&J0tl0 $69,181.00
ALTEINAI'~ ~
Itmm Ilmm UmM d F,4dJmes~d Uadl M UmM Amomml UmM Aremini
No. Dm~ Mmsm~ Qmmmmy Prkn Pd~u P, kes
L R & R P.C.C. W'maddmir Ramp LS 11 $990.00 $17,820.00 $27,.~10.00 f~ZT,540.00 $49,000.00
Tdal $17,120J0 $ZT,S40.eO
ALTONAT[ C
blala ~ Uml d Eadmated [Jimil Amemml Uldl Amemel Utah
Nm. Dmatplkm Mm QmmMi~ I*dt~ Prkm Prkes
I. ~'~.-,bal&Gndtinl LS I $1J00.00 $1,8(M).00 $:DS.O0 I238.00 $4,000.00
y, Mim. p.C.C. Rnnmml CY II $120.00 $1,320.00 $119.00 $1,309.00 Sd~.00 $&~.00
3. Sawna LF 30 $4.00 $120.00 $1.68 $50.40 $4.00 $120.00
S. Umlnsidewait Drain, No. 507 HA 2 $2,~00.00 $4,~0.00 ~,200.00 $4,400.OO $1,745.OO ~,490.00
· 6" P.C.C.D. A. No. 101-A SF 420 $2.45 $1,029.00 $4.67 $1,961.40 $i0.00 $4,200.00
TOTAL $1~.~11.8~ $8,~gd~.~_m $13,28~00
SUBTOTAL $96,044.00 $105,)10.90 $131,467.00
CITY OF RANCHO CUCAMONGA '"
STAFF REPORT '::
DATE: February 2, 1994 ~ ~
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Rick Gomez, Community Development Director
BY Will Jam J. O'Neil, City Engineer
SUBJECT: APPROVAL OF AGREEMENT FOR PAYMENT OF FEES FOR PARCEL HAP
13724, LOCATED ON THE SOUTH SIDE OF FOOTHILL BOULEVARD,
BETWEEN INTERSTATE 15 AND ETI14ANDA AVENUE, SUBMITTED BY
FOOTHILL HARKETPLACE PARTNERS
REC(IIRENDATION
It is recommended that the City Council approve the subject agreement by
Foothill Marketplace Partners and direct staff to continue processing the
subject development.
BACKGROUND/ANALYSIS
Parcel Map 13724, located on the south side of Foothill Boulevard,
between Interstate 15 and Etiwanda Avenue in the Regional Related
Commercial and Light Industrial Designations of the Foothill Boulevard
Specific Plan (Subarea 4), was approved by the City Council on November
6, 1991. Price Club, Walmart, and other uses are open to the public.
The developer is continuing with the remainder of his site. The
developer has also formed an assessment district for his site to assist
in the funding of the public improvements. with this assessment district
there are funds available to pay the Transportation and Drainage fees
required of the remaining parcels. However, since the district is not
presently funded and the developer desires to obtain additional building
permits, the developer is submitting an agreement from their bank which
insures pa3nnent of fees.
This document is from Tokai Bank of California on behalf of Foothill
Marketplace Partners. Funds are set aside in an account for the
Transportation and Drainage fees. These funds may only be withdrawn with
permission by the City and any funds requested by the City shall not be
withheld. Should the assessment district fail to fund, these funds would
immediately be requested by the City.
CITY COUNCIL STAFF REPORT
P M 13724 - FOOTHILL MARKETPLACE PARTNERS
February 2, 1994
Page 2
Staff therefore recommends the City approve by minute action the
agreement and direct staff to continue processing the subject
development.
RG:WJO:dlw
19
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 2, 1994
TO: Hayor and Hembets of the City Council
Jack Lam, AICP, City Hanager
FROM: Will Jam J. O'Neil, City Engineer
BY: Steve M. Gill tland, Public Works Inspector
SUBJECT: ACCEPTANCE OF IIWPROVEP4ENTS, REDUCTION OF BONDS AND
EXTENSION OF IMPROVEMENT AGREEMENT FOR TRACT 12671-1 THRU
-4, LOCATED ON THE NORTHWEST CORNER OF MILLIKEN AVENUE AND
~fT. VIEW DRIVE
RECeI~EMDATIOfi:
It is reconeended that City Council accept certain improvements, reduce
the Performance Bond, and extend the Improvement Agreement for Tract
12671 thru -4, located on the northwest corner of Nilliken Avenue and Mr.
View Drive.
BACKGROUND/NIN. YSIS
The City Council, at their regularly scheduled meeting of November 7,
1991, approved a Street Capping Agreement between the City and Lewis
Homes.
Pursuant to that Agreement, it is being recmeended that Council accept
ceretain improvements within Tract 12671-1 thru -4, complying with the
provisions stated in the Agreement. The improvements being recommended
for acceptance are the interior tract streets, sidewalk and parkway
improvements and landscaping, all of which are complete. The only
remaining construction item (which is not being recommended for
acceptance at this time) is the final lift of paving on Mr. View Drive.
The c~letion of this street will occur at a later time.
Pursuant to subparagraph 2(a) of the Agreement, it is also being
recemended to continue holding the previously reduced Performance Bond
of 10% of the original amount. In this case, the reduced omount equals
$103,400.
A1 so, subparagraph 2(a) provides for a two to five year extension of the
Improvement Agreement to c~lete the final lift of paving on certain
specified streets,. In this case Mr. View Drive. Therefore, it is being
CITY COUNCIL STAFF REPORT
TR 12671-1THR1J -4
~EBRUARY 2, 1994
PAGE 2
recommended to authorize the extension of the Improvement Agreement for a
time perio~ of two years from the date of this approval.
DEVELOPER: Lewis Homes
P. O. Box 670
Upland, CA 91786
Respectfully submitted,
City Engineer
WjO:SMO:dlw
Attachment
21
SOLUT O. NO.C) I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCANONGA, CALIFORNIA, ACCEPTING CERTAIN IMPROVEMENTS
WITHIN TRACT 12671-1 THRU -4 WHICH INCLUDE THE INTERIOR
TRACT STREETS, SIDEWALK AND PARI(WAY IMPROVEMENTS AND THE
LANDSCAPING; THE REDUCTION OF THE PERFORMANCE BONO FOR
THE INCOMPLETE IMPROVEMENTS, WHICH INCLUDE MT, VIEII
DRIVE, TO AN AMOUNT EOUAL TO lot OF THE ORIGINAL AMOUNTS;
THE APPROVAL OF AN EXTENSION TO THE IMPROVEMENT AGREEMENT
FOR A TIME PERIOD OF TWO YEARS FROM THE DATE OF THIS
APPROVAL
WHEREAS, the construction of public improvements for Tract 12671-1
thru -4 including interior tract streets, sidewalk and parkway improvements
and 1 andscaping, have been completed to the satisfaction of the City Engineer;
and
WHEREAS, the reduced amount of the performance bond are pursuant to
the Subdivision Map Act and the Street Capping Agreement and are in an amount
sufficient to secure the completion of the remaining improvements; and
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on February 2, 1994, by Lewis Homes as developer, for the improvement
of public right-of-way adjacent to the real property specifically described
therein, and generally located on the northwest corner of Mtlltken Avenue and
Mt.View Drive; and
WHEREAS, the installation of such improvements, described in said
Improvement Agreement and subject to the terms thereof, is to be done in
conjunction with the development of said Tract 12671-1 thru -4; and
WHEREAS, said Improvement Agreement Extension is secured and
accompanied by good and sufficient Improvement Security, which is identified
in said Improvement Agreement Extension.
NO/, THEREFORE, BE IT RESOLVED, that the described work is hereby
accepted, the rt, ductton of the Performance Bond is hereby approved, that said
Improvement Agreement Extension and said Improvement Security are hereby
approved.
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 2, 1994 ~.~
TO: Mayor and MonVoers of the City Council
Jack Lam, AICP, City/qanager
FROM: William J. O'Neil, City Engineer
BY Steve M. Gilliland, Public Works Inspector~
SUBJECT: ACCEPTANCE OF IMPROVEMENTS, REDUCTION OF BONDS AND EXTENSION OF
IMPROVEMENT AGREEMENT FOR TRACT 13303, LOCATED ON THE SOUTHEAST
CORNER OF TERRA VISTA PARKWAY AND MOUNTAIN VIEW DRIVE
RECOI~!qE:NDATIOII
It is reconmnended that City Council accept certain improvements, reduce the
Performance Bond, and extend the Improvement Agreement for Tract 13303,
located on the southeast corner of Tetra Vista Parkway and Mountain View
Drtve.
BACKGROUND/AILALYSIS
The City Council, at their regularly scheduled meeting of November 7, 1991,
approved a Street Capping Agreement between the City and Lewis Homes.
Pursuant to that Agreement, it is being recon~nended that Council accept
certain improvements within Tract 13303, complying with the provisions stated
in the Agreement. The improvements being reconmended for acceptance are the
interior tract streets, sidewalk and parkway improvements, landscaping and
storm drain, all of which are c~lete. The only remainini construction item
(which is not being recommended for acceptance at this time is the final lift
of paving on Tetra Vista Parkway and Mountain View Drive. The completion of
these streets will occur at a later time.
Pursuant to subparagraph 2(a) of the Agreement, it is also being recommnded
to reduce the Performance Bond to 10% of the original amount. In this case,
the reduced amounts equal $11,300 for 13303, $32,700 for 13303-1, and $21,600
for 13303-2.
Also, subparagraph 2(a) provides for a two to five year extension of the
Improvement Agreement to complete the final lift of paving on certain
specified streets, in this case, Tetra vista Parkway and Mountain View
Drive. Therefore, it is being recommended to authorize the extension of the
Improvement Agreement for a time period of two years from the date of this
approval.
CITY COUNCIL STAJrF REPORT
ACCEPTANCE OF IMPROVEMENTS/ll~ACT 13303
FEBRUARY 2, 1994
Page 2
In addition to the above, it is further recon~nended that the storm drain
system be accepted as complete, release the Faithful Performance Bond of
$165,000 and accept a Maintenance Bond in the amount of $16,500.
Tract Tract Tract
13303 13303-1 13303-2
Release: Faithful Performance Bond 113,000 327,000 216,000
A~cept: Reduced Faithful Performance Bond 11,300 32,700 21,600
Release: Faithful Performance Bond
(Storm Drain) 165,000
Accept: Maintenance Bond (Storm Drain) 16,500
Developer: Lewis Homes
P.O. Box 670
Upland, CA 91786
Respectfully submitted,
William J. ~il~
City Engineer
WjO:S~G:ly
Attachment
RESOLUTION NO. ~/~7/- C)/C7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUC~ONGA, CALIFORNIA, ACCEPTING CERTAIN IMPROVEMENTS
WITHIN TRACT 13303 WHICH INCLUDE THE INTERIOR TRACT
STREETS, SIDEWALK AND PARKWAY IMPROVEMENTS, STORM DRAIN
AND THE LANDSCAPING; THE REDUCTION OF THE PERFORMANCE
BOND FOR THE INCOMPLETE IMPROVEMENTS, WHICH INCLUDE TERRA
VISTA PARKWAY AND MOUNTAIN VIEW DRIVE, TO AN AJ4OUNT EQUAL
TO 10% OF THE ORIGINAL AMOUNTS; THE APPROVAL OF AN
EXTENSION TO THE IMPROVEMENT AGREEMENT FOR A TIME PERIOD
OF TWO YEARS FROM THE DATE OF THIS APPROVAL
WHEREAS, the construction of public improvements for Tract 13303,
including interior tract streets, sidewalk and parkway improvements, storm
drain and landscaping, have been completed to the satisfaction of the City
Engineer; and
WHEREAS, the reduced amount of the performance bond are pursuant to
the Subdivision Hap Act and the Street Capping Agreement and are in an amount
sufficient to secure the completion of the remaining improvements; and
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on February 2, 1994, by Lewis Homes as developer, for the improvement
of public right-of-way adjacent to the real property specifically described
therein, and generally located on the southeast corner of Tetra Vista Parkway
and Mountain View Drive; and
WHEREAS, the installation of such improvements, described in said
Improvement Agreement and subject to the terms thereof, is to be done in
conjunction with the development of said Trct 13303; and
WHEREAS, said I~rovemont Agreement Extension is secured and
accompanied by good and sufficient Improvement Security, which is identified
in said Improvement Agreement Extension.
NOW, THEREFORE, BE IT RESOLVED, that the described work is hereby
accepted, the reduction of the Performance Bond is hereby approved, that said
Improvement Agreement Extension and said Improvement Security are hereby
approved.
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 2, 1994
TO: Mayor and btembers of the City Council
Jack Lam, AICP, City ~anager
FROth William J. O'Neil, City Engineer
BY: Steve M. Gilliland, Public Works Inspector II
~BJECT: ACCEPTANCE OF IMPROVE~qENTS, RELEASE OF BONDS AND NOTICE OF
COf4PLETION FOR THE TERRA VISTA PARKWAY MEDIANS LOCATED ON
TERRA VISTA PARKWAY BEll4EEN MOUNTAIN VIE)( DRIVE AND ll~E
EAST GREENWAY CORRIDOR
RECOIIqENDATIOM:
The required improvements for the Terra Vista Parkway Medians have been
coq~leted in an acceptable manner, and it is reconmnended that City
Council accept said improvements, accept the Maintenance Guarantee Bond
in the amount of $11,600.00, authorize the City Engineer to file a Notice
of Completion and authorize the City Clerk to release the Faithful
Performance Bond in the amount of $116,000.00.
B~VJCGIU)UND/AMALYSIS
The Tetra Vista Parkway Medians - located on Terra Vista Parkway between
~ountain View Drive and the East Greenway Corridor.
DEVELOPER: Lewis Homes
P.O. Box 670
Upland, CA g1785
Accept:
Maintenance Guarantee Bond $ 11,600.00
Release:
Faithful Performance Bond $116,000.00
City Engineer
WJO:SMG:ly
Attachment
RESOLUTION NO. ~2c//- (~ ~ C:)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCA)~ONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR THE TERRA VISTA PARKWAY MEDIANS AND AUTHORIZING THE
FILING OF A NOTICE OF CO~tPLETION FOR THE WORK
WHEREAS, the construction of public improvements for the Tetra Vista
Parkway Medians have been con~oleted to the satisfaction of the City Engineer;
and
WHEREAS, a Notice of Con~pletion is required to be filed, certifying
the work complete.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolves, that the work is hereby accepted and the City Engineer is
authorized to sign and file a Notice of Completion with the County Recorder of
San Bernardino County.
CITY OF RANCHO CUCAMONGA
STAFF REPORT
'~ --~:-v
DATE: February 2, 1994 '~"
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Debra J. Adams, CMC, City Clerk
SUBJECT: CONSIDERATION OF UPDATING THE CITY'S CONFLICT OF
INTEREST CODE FOR DESIGNATED CITY PERSONNEL PURSUANT
TO THE PROVISIONS OF THE POLITICAL REFORM ACT OF 1974,
CALIFORNIA GOVERNMENT CODE SECTION 81000, ET SEQ.
RECOMMENDATION
The City Council approve Resolution No. 80-049D which is amending the City's
Conflict of Interest Code for designated City personnel.
Background:
The attached Resolution for your approval is a requirement of The Political Reform
Act of 1974, California Government Code Section 81000, et seq. This Resolution was
previously updated in January, 1992, and is once again before you in order to include
changes to various personnel job classification titles and job responsibilities and to
designate the appropriate disclosure categories for all job classification titles.
It is a requirement that the Conflict of Interest Code be amended through a public
hearing, and that all affected personnel be informed of the amended Resolution
which is attached. This has been accomplished through the City Clerk's office.
If you have any questions regarding the approval of this Resolution, please feel free
to contact me.
/dja
Attachment
~:~SOLU'~C~ NO. 80-049D
A RESOLUTIC~I OF ~ ~i'AY ~ OF ~ ~'A~ OF ~
~, ~r,,'~, ~ ~ ~'AY'S ~C OF
~i~Z' ~E ~ D~I~ ~'AY P~
A. ~i~.
(i) ~ Ci~ ~il, ~ i~ ~1~ ~. 8~,
~ 1989, ~ ~ ~1 ~li~ of ~ ~ ~,~ ~ ~
~~ ~ ~li~l ~ ~ -,...~ ~i~ (2 ~~ ~ of
~a~i~, ~i~ 18730).
(ii) S~ ~ of ~ Ci~'s ~li~ of ~ ~,
~ili~s of ~i~ Ci~ ~1~, ~1~ ~ ~ ~ ~
cl~ ~i~io~.
(iii) ~ Ci~ ~il ~ ~ ~ ~ Ci~'s ~li~ of
~if~a ~liti~l ~ ~ of 1974 (~if~,~a ~-,~ ~, ~
81000, e~. ~.).
(iv) ~ ~ ~ ~i~ of ~lif~ ~,u~
~i~ 87311, a ~y ~i~ ~lic h~ ~ ~1,~ Wi~ ~ ~
~i~ of ~ ~l~i~.
5. ~l~ion.
~, ~, ~ Ci~ ~il of ~ Ci~ of ~ On~ ~
~ f~, ~ ~ ~1~ ~ folly:
1. ~ all ~ ~ ~ f~ ~ ~ ~i~, ~ A, of ~
~l~i~.
2. ~x A of ~l~i~ ~. 8~ ~ ~ ~ ~ ~
3. ~ ~1 ~ ~, ~1 ~u~i~ of ~1~ ~. 8~
~11 m~ ~ ~1 f~ ~ ~f~.
4. ~ Ci~ Ci~ ~11 ~ ~ ~ ~ ,~i~ of ~ ~1~.
Resolutioa No. 80-049D
APP~]~DIX A
~u~m~nistrative Services~ Direc~nr 1 &
Assistant City Attorney 1 & 2
Building Official 1 & 2
City Engineer 1 & 2
City Planner 1 & 2
n .....mity Devel~',,~nt Director 1 & 2
Oa~unity Services Manager 1 & 2
Cursultants **
D~puty Building Official 2
Deputy City E~gin~ 1 & 2
Deputy City Manager 1 & 2
Deputy City Planner 1 & 2
Finance Officer 2
Park and P~Bation C~t. Ldssic~l
Park Plann/ng/Develo~Lent Superintendent 1 & 2
Parks/Landscape F~i~ Superintendent 2
Plan Cb~ck Coordinator 2
Principal Planner 1 & 2
P~h~ing Agent 2
Public W~rks Er~ineer 1 & 2
Public W~rks Maintenance Manager 2
Records Manager (City Clerk) 1 & 2
P~eation Superintera~nt 2
p~a~velo~ent Analyst 1 & 2
RedevelopLent Marager 1 & 2
SeniorAccountTech 2
Senior Civil B~gir~r 1 & 2
Senior Planner 1 & 2
Senior Redevel~-~nt Agency Analyst 1 & 2
Traffic Engineer 1 & 2
· NOTE: City Council, City Manager, City Attu~y, City Treasurer
Sectic~ 87200, et. seq.), n~t this Oode.
· * With respect to corsultants, the City Manager shall determine in
writ/rig if a particular consultant performs a range of duties
f~_r~ t~ ~he City C~un~il.
3O
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 2, 1993
TO: Mayor and Members of the City Council
Jack Lain, AICP, City MaNger
FROM: William J. O'Neil, City Engineer
BY: Paul A. Rougeau, Traffic Engineer
SUBJECT: RECONIqENDATION TO ESTABLISH A SPEED LIMIT OF 35 MPH ON LARK
DRIVE FROM KENYON WAY TO ROCHESTER AVENUE; A SPEED LIMIT OF 45
MPH ON HAVEN AVENUE FROM WILSON AVENUE TO HILLSIDE ROAD AND A
SPEED LIMIT OF 45 MPH ON SUbIqIT AVENUE FROM ETIWANDA AVENUE TO
EAST AVENUE
RECI)I(IIDATIOM
It is reconmended Section 10.20.020 of the Municipal Code be amended to
provide for a speed limit of 35 MPH on Lark Drive from Kenyon Way to Rochester
Avenue, a 45 MPH limit on Haven Avenue from Wilson Avenue to Hillside Road and
45 MPH on Sumit Avenue from Etiwanda Avenue to East Avenue, and making
findings thereof.
B,4CI~GileUMD/ANALYSIS
Section 22357 and 22358 of the California Vehicle Code allows cities to set
speed limits in accordance with specific Engineering surveys in order to mere
precisely establish the "Reasonable and Prudent" speed requirements under
basic state speed law. This speed then becomes the basis for enforcement,
eliminating the extreme discretion which otherwise could occur. Such a
survey, less than 5 years old, is also required where radar is used for
enforcement.
A survey as required above has been conducted on each of these streets. The
survey involved the determination of the prevailing speed of existing traffic
by the use of radar, an analysis of the recent accident history and a search
for any conditions not apparent to drivers which would require a reduced
speed. The results of these surveys are sunmaarized in the attached table.
After review of these results, it was found that the safety record of Lark
Drive, Haven Avenue and Sumnit Avenue were well within expected levels and
there are no unusual conditions not apparent to drivers.
CITY COUNCIL STAFF REPORT
ESTABLISH SPEED LIMIT
February 2, 1993
Page 2
Lark Drive between Kenyon Way and Rochester Avenue
Majority traffic speed 29 to 38 MPH
Prevailing speed of 37 MPH
Haven Avenue between Wilson Avenue and Hillside Road
Majority traffic speed 35 to 44 MPH
Prevailing speed of 46 MPH
Summit Avenue between Etiwanda Avenue and East Avenue
Majority traffic speed 40 to 49 MPH
Prevailing speed of 49 MPH
These sections of Lark Drive, Haven Avenue and Sumit Avenue have limited
access with few intersecting streets, thus, the observed prevailing speeds
must be the predominant consideration in determining the speed limit.
CONCLUSION
A speed limit should be established that would be considered reasonable by
most of the drivers on the street and still provide for effective
enforcement. A speed limit such as this is set at, in most cases, the first 5
MPH increment below the speed at which 85% of the drivers are going. If
accident rates are higher than expected, a further 5 MPH reduction from the
85% level accompanied with a higher level of enforcement mey reduce the
accident rate to within expected levels.
The proposed speed limits are expected to be exceeded by 19% to 31% on Lark
Drive, 4% on Haven Avenue and 44)% on Sun~tt Avenue, of the drivers observed;
however, the limits should provide an effective tool for law enforcement due
to the circumstances under which they will be in force.
Respectfully submitted,
William O. Otl~~J
City Engineer
WJO:PAR:ly
Attachment
ENGEHrERIHG ~d rRRFIrIC gJRUE'/fee- tt~e
PREt#. 1cJt~9 SP~ED DRTR IK;CIOENT H)~ST(JRV E~tr(:TED I RIr(:fiO R~PR~,~ EFFECT,
LIIIK OI ·
t,,,I~Nt,'ON - ROCHESITIt lIES 200O ti'aO H,P, a~l' ~ 2'J-,~IIIPH O O 0 2.0~ · :35
EII(~IIIEER):HG and TRAFFIC SUi~UE;~ f(~r Lhe C11'~' uf RRHCHO CUCfiHOHGfl
PREU. 1993 5PEE~D OffTIt ~CC[OEHr HISI'OR%' E~PECT~ M RECH[) ttPPI~D EFFECI'. ~
LOCI'lOll ~O~O L[~ JSg~ POSTED 85~-[LE Rt~ERttGE PIICE :t~9:[ 1~2 1991-92 CRUG) ~ SI'EEU F'OSI'EO DArE ii C~3flHEHT~
, FET ~T SPEEO SPEED ~PEEO SPEED ACC RC~ IICC RaTE RCC RRTE N SPEED ~
HILI.SI[IE ~ WILSON R [p~O0 4,5~ H.P. 4~ qO 35-'lqXPH (].O 1.5 1.05 ~.78 M ~S II
I~NI~I'NEI~RJ[|I6 4md/RItFF[C .¢~RI..'IEV fo,- the (:IT'd' o~: RI~ICt~I (:UCflltOt4bR
OR. N CE .0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAI~ONGA, CALIFORNIA, A/~ENDING SECTION 10.20.020 OF THE
RANCHO CUCN4ONGA CITY CODE REGARDING PRIMA FACIE SPEED
LIMITS ON CERTAIN CITY STREETS
A. Recitals
(i) California Vehicle Code Section 22357 Provides that this City
Council may, by ordinance, set prima facie speed limits upon any portion of
any street not a state highway.
(ii) The City Traffic Engineer has conducted an engineering and
traffic survey, of certain streets within the City of Rancho Cucamonga which
streets as specified in Part B of this Ordinance.
(iii) The determinations concerning prim facie speed limits set
forth in Part B, below, are based upon the engineering and traffic survey
identified in Section A (ii), above.
B. Ordinance
NOW, ll~EREFORE, THE CITY COUNCIL OF THE CITY OF RANCliO CUCA/4ONGA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1
Section 10.20.020 hereby is amended to the Rancho Cucamenga City
Cede to read, in words and figures, as follows:
10.20.020 Decrease of state law maximum speed. It is determined by
City Council resolution an~ upon the basis of an engineering and traffic
investigation that the speed permitted by state law is greater than is
reasonable or safe under the conditions found to exist upon such streets, and
it is declared that the prime facte speed limit shall be as set forth in this
section on those streets or parts of streets designated in this section when
signs are erected giving notice hereof:
Declared Prime Facie
Name of Street or Portion Affected Speed Limit (MPH)
1. Archibald Ave. - Banyan St. to north end 50
2. Archibald Ave. - 4th St. to Banyan St. 45
3. Arrow Rt. - Baker Ave. to Haven Ave. 45
4. Baker Ave. - 8th St. to Foothill B1vd 35
5. Banyan St. from Beryl St. to London Ave. 35
6. Banyan St. - Haven Ave. to Rochester Ave. 45
7. Banyan St. from west City Limits to Beryl St. 40
8. Base Line Rd. - west City limits to Carnelian St. 45
9. Base Line Rd. - Carnelian St. to Hermosa Ave. 40
SPEED LIMIT ORDINN~CE
February 2, 1994
Page 2
Declared Prima Facie
Name of Street or Portion Affected Speed Limit (MPH)
10. Base Line Rd. - Hermosa Ave. to Spruce Ave. 45
11. Beryl St. - Banyan St. to end 45
12. Beryl St. - 800' N/o Lemon Ave. to Banyan St. 40
13. Canistel Ave. - Wilson Ave. to Antietam Dr. 35
14. Carnelian St. - Vineyard Ave. to end 45
15. Center Ave. - Foothill Blvd. to Church St. 40
16. Church St. - Archibald Ave. to Haven Ave. 40
17. Church St. - Haven Ave. to Milliken Ave. 45
18. East Ave. - Base Line Rd. to Highland Ave. 45
19. 8th St. - Grove Ave. to Haven Ave. 45
20. Etiwanda Ave. - Foothill Blvd.. to 24th St. 45
21. Fairmont Dr. - Highland Ave. to Nilliken Ave. 35
22. Fairmont Dr. - Milliken Ave. to Victoria Park Ln. 35
23. Fredricksburg Ave. - Banyan St. to Seven Pines Dr. 35
24. Grove Ave. - 8th St. to Foothill Blvd. 40
25. Haven Ave. - 4th St. to Hillside Rd. 45
26. Hellman Ave. - Foothill Blvd.. to Alta Loma Dr. 35
27. Hellman Ave. - 500' N/o Manzantta Dr. to Valley View 40
28. Hellman Ave. - 6th St. to Foothill Blvd. 45
29. Hermosa Ave. - Base Line Rd. to Wilson Ave. 45
30. Hermosa Ave. - Wilson Ave. to Sun Valley Or. 40
31. Hermosa Ave. - 8th St. to Base Line Rd. 45
32. Highland Ave. - Sapphire St. to Carnelian St. 40
33. Highland Ave. - Amethyst St. to Hermosa Ave. 35
34. Highland Ave. - Hermosa Ave. to 800' W/o Haven Ave. 45
35. Hillside Rd. - Ranch Gate to Amethyst St. 3S
36. Hillside Rd. - Amethyst St. to Haven Ave. 40
37. Hillside Rd. - Haven Ave. to Canistel Ave. 35
38. Hillview Loop - Vintage Dr. to Vintage Dr. 30
39. Kenyon Way - Mtlltken Avenue to Victoria Park Ln. 35
40. Lark Dr. - Kenyon Way to Rochester Ave. 35
41. Lemon Ave. - Jasper St. to Beryl St. 35
42. Lemon Ave. - Archibald Ave. to Haven Ave. 40
43. Lemon Ave. - Haven Ave. to Highland Ave. 40
SPEED LIMIT ORDINANCE
February 2, 1994
Page 3
Declared Prima Facie
Name of Street or Portion Affected Speed Limit (MPH)
44. lqanzanita Dr. - Hernmsa Ave. to Haven Ave. 35
45. Nounrain View Dr. - Spruce Ave. to Nilliken Ave. 40
46. Netherlands View Loop - Vintage Dr. to Vintage Drive. 30
47. 9th St. - Baker Ave. to Archibald Ave. 40
48. Red Hill Country Club Dr. - Foothill Blvd.
to Alta Cuesta 35
49. Rochester Ave. - Foothill Blvd. to Base Line Rd 40
50. San Bernardino Rd. - Vineyard Ave. to Archibald Ave 35
51. Sapphire St. - Banyan St. to end 45
52. Sapphire St. - 19th St. to Lemon Ave. 40
53. 7th St. - Hellman Ave. to Archibald Ave. 45
54. Sierra Crest View Loop - Vintage Dr. to Vintage Dr. 30
55. Spruce Ave. - Foothill B1vd. to Base Line Rd. 40
56. Sunmnit Ave. - Etiwanda Ave. to East Ave. 45
57. Terrace View Loop - Vintage Dr. to Vintage Dr. 30
58. Terra Vista Parkway - Church St. to Nilliken Ave. 40
59. Victoria St. - Archibald Ave. to Ramona Ave. 35
60. Victoria St. - Etiwanda Ave. to Rt. 15 40
61. Victoria St. - Haven Ave. to Nendocino P1. 40
62. Victoria Park Ln. - Fairmont Way to Base Line Rd. 35
63. Victoria Windrows Loop (north & south) 35
64. Vineyard Ave; - Church St. to Base Line Rd. 40
65. Vineyard Ave. - 8th St. to Carnelian Ave. 45
66. Vintage Dr. -Mllliken Ave. to east end 35
67. Whirtram Ave. - Etiwanda Ave. to east City limits 40
68. Wilson Ave. - laeethyst Ave. to Haven Ave. 45
69. Wilson Ave. - Haven Ave. to 200' east of Cantstel Ave. 40
(Oft. 169 Section I (part), 1982; Ord. 39 Section 5.1, (1978).
Rancho Cuca~mnga 5/82 124
(t) Both sixty-five (65) miles per hour and fifty-five (55) miles
per hour are speeds which are mere than are reasonable or safe; and
(ii) The miles per hour as stated are the prlma facie speeds which
are most appropriate to facilitate the orderly movement of traffic and are
speed limits which are reasonable and safe on said streets or portions
thereof; and
SPEED LIMIT ORDINANCE
February 2, 1994
Page 4
(iii) The miles per hour stated are hereby declared to be the prima
facie speed limits on said streets; and
(iv) The Traffic Engineer is hereby authorized and directed to
install appropriate signs upon said streets giving notice of the prima facie
speed limit declared herein.
Section 2
The City Clerk shall certify to the passage of this Ordinance and
shall cause the same to be published as required by law.
Section 3
The Mayor shall sign this Ordinance and the City Clerk shall cause
the same to be published within fifteen (15) days after its passage at least
once in The Inland Daily Bulletin, a newspaper of general circulation
published in the City of Ontario, California, and circulated in the City of
Rancho Cucamonga.
SPEED LIMIT ORDINANCE
February 2, 1994
Page 5
PASSED, APPROVED, and ADOPTED this 2nd day of February, lg94.
AYES:
NOES:
ABSENT:
Dennis L. Stout, Mayor
ATTEST:
Debra J. Adams, City Clerk
I, DEBRA J. ADANS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the Council of the City of Rancho Cucamonga held on the 2rid
day of February, 1994, and was passed at a regular meeting of the City Council
of the City of Rancho Cucamonga held on the 18th day of February, 1994.
Executed this 19th day of February, 1994, at Rancho Cucamenga, California.
Debra d. Adam, City Clerk
CITY OF RANCHO CUCAMONGA
STAFF RE PORT
DATE: February 2, 1994
TO:. Mayor and Members of the City Council
Jack Lain, AICP, City Manager
FROM: Linda D. Daniels, Redevelopmeat Manager
SUBJECT: CONSIDERATION OF A RESOLUTION DECLARING THE PUBLIC NE~.D
AND NECESSITY TO CONDEMN CERTAIN REAL PROPERTY LOCATED
IN THE CITY OF RANCHO CUCAMONGA AND MAKING CERTAIN
FINDINGS IN SUPPORT THEREOF
BACKGROUND
In 1993, the City Council directed staff to develop a plan whereby additional
parking facilities could be provided for patrons of the Sports Complex. From
that direction staff and the baseball tenant identified possible sites and]
financing methods for additional parking facilities. It was important to the
City and the tenant that any expansion project be compatible with existing
pedestrian and vehicular traffic patterns established by the Sports Complex.
On October 20, 1993, the Agency approved the purchase of approximately
10.75 acres of land on the east side of Rochester Avenue between Foothill
Boulevard and Arrow Highway for the expansion of the Sports Complex
facility. The project, as designed, provides an approximate 1175 space
parking and special event lot which will be used by patrons and visitors to
the complex. Included in the expansion work are street improvements to
specific sections of the east side of Rochester and a public storm drain. In
order to complete the needed public improvements, dedications of street and
storm drain easements are needed.
ANALYSIS
The property owner to the south of the expansion site, Mr. Brad Downey, has
not indicated to staff that he will dedicate the required land for the street and!
storm drains purposes. For this reason, staff proposes the City Council pursuei
the acquisition of the needed land through eminent domain proceedings, An
appraisal of the property was obtained; a formal offer was presented to the
property owner; and the required Notice was mailed to Mr. Downey informing
him of the City's intent to condemn title of a portion of the property.
41
February 2, 1994
Staff Report - Resolution of Necessity
page 2
The attached resolution makes the required findings in order for the City
Council to consider eminent domain actions. Should the attached resolution
be approved, City Counsel will file an action in the Superior Court for the
purpose of condemning and acquiring the title to the property, and asking the
Court to award possession of the property to the City. This will allow for
immediate control of the site, expediting the construction of the project.
Respectfully submitted,
Linda D. Daniels
Redevelopment Manager
attachment: Resolution of Necessity
'
RESOLUTION '0,31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA DECLARING THE PUBLIC NEED
AND NECESSITY TO CONDEMN A PORTION OF CERTAIN
REAL PROPERTY LOCATED IN THE CITY OF RANCHO
CUCANONGA, CALIFOMNIA, ASSESSORS PARCEL NO.
0229-021-54 FOR THE INSTALLATION OF STR~.ET AND
STORM DRAIN IMPROVEMENTS.
A. Recitals.
(i) The City of Rancho Cucamonga has conducted a study
pertaining to the installation of street and storm drain
improvements (hereinafter referred to as the "project"). Based
upon such analysis, it has been determined that the most
reasonable and feasible plan for the project will require the
acquisition of an easement over a portion of that certain real
property known as Assessors Parcel No. 0229-021-54 more
particularly described in the attached Exhibit "A"~
(ii) Pursuant to California Government Code Sections
40404(a) and 40404(b), a City may acquire private property by
condemnation when it is necessary for the establishing, laying
out, extending and widening streets and rights of way for drains,
sewers and aqueducts;
(iii) Pursuant to the provisions of California
Government Code Section 7267j2, prior to adopting this Resolution
the City has made an offer to the owner of record to acquire the
property for the full amount of fair market value as established
by an independent appraiser~
1
(iv) On February 2, 1994, this Council held a. duly
noticed hearing'pursuant to the terms of California Code of Civil
Procedure Section 1245.235 and said hearing was concluded prior
to the adoption of this Resolution; and,
(v) All legal prerequisites have occurred prior to the
adoption of this Resolution.
B. Resolutlon.
NOW, THEREFORE, it is hereby found, determined and
resolved by the City Council of the City of Rancho Cucamonga as
follows:
SECTION 1: In all respects as set forth in the
Recitals, Part A, of this Resolution.
SECTION 2: That the real property which is required
for the installation of street and storm drain improvements
referenced herein is situated in the City of Rancho Cucamonga,
County of San Bernardino, State of California, and is more
specifically outlined in the legal description and map attached
hereto as Exhibit "A" and incorporated herein by this reference.
SECTION ~: Based upon substantial evidence presented
to this Council during the above-referenced public hearing,
including written and oral staff reports, the City Council
specifically finds as follows:
a. The public interest and necessity require the
proposed project;
2
b. The proposed project is planned or located in the
manner that will be most compatible with the greatest public good
and the least private injury;
c. The property defined in this Resolution is
necessary for the proposed project; and,
d. An offer of fair market value has been made to the
owners of said real property pursuant to the terms of California
Government Code Section 7267.2, which offer has been rejected.
SECTION ~: The City Council hereb~ declares its
intention to acquire the property described in Section 2, above,
by proceedings in eminent domain. The City Attorney is ordered
and directed to bring an action in the Superior Court of the
State of California for the County of San Bernardino, in the name
of the City of Rancho Cucamonga, against all owners and claimants
of the property described herein for the purpose of the
installation of street and storm drain improvements, and to do
all things necessary to prosecute said action to its final
determination in accordance with the provisions of law applicable
thereto. The City Attorney is authorized and instructed to make
applications to said Court for an Order fixing the amount of
security by way of money deposits as may be directed by said
Court and for an Order permitting the City to take possession and
use of said real property for the uses and purposes herein
described.
3
SECTION 5: The City Clerk shall certify-to.the
adoption of this Resolution.
PASSED and ADOPTED this __ day of , 1994.
Mayor
I, DEBRA J. ADAMS, City Clerk of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was
introduced at a regular meeting of the City Council of the City
of Rancho Cucamonga held on the __ day of , 1994,
and was finally passed at a regular meeting of the City Council
of the City of Rancho Cucamonga held on the __ day of
, 1994, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Debra J. Adams, City Clerk
City of Rancho Cucamonga
LEGAL DESCRIPTION
A.P.N. 0229-021-54
Street and Highway Related Purposes
That portion of the Rochester Avenue (Orange Avenue)
vacated per Instrument recorded December 18, 1936 in Book 1177,
Page 320 of Official Records, bounded on the North by the
Westerly prolongation of the Northerly line of the South 1/2 of
Lot No. 108, and on the South by the Westerly prolongation of the
southerly line of Lot No.107, Map of Rochester, as per map
recorded in Book 9, Page 20 of Maps in the Office of the Recorder
of the County of San Bernardino, State of California, described
as follows:
The Westerly 24 feet of said vacated Rochester Avenue
(Orange Avenue).
Approximate Area: 11,880 Sq. Ft.
0.2727 Acres
Storm Drain and Surface Overflow Purposes
That portion of Lot No. 107 and the Southerly one-half
of Lot 108, Map of Rochester, in the County of San Bernardino,
State of California, as per map recorded in Book 9 of Maps, Page
20, in the Office of the County Recorder of said County.
The Westerly 12 feet of the Easterly 382.00 feet
thereof excluding the Southerly 50.00 feet therefrom.
Approximate Area: 5,340 Sq. Ft.
0.1226 Acres
FOOTHILL RI ,VD.
p,--- NORTIIWEST CORNER SOUTH ;/e LOT Io9
NORTHERLY LINE
SOUTH ~ LOT
,SOUTH I/e LOT 108
,.SOUTHERLY LINE LOT 109
il NORTHERLY LINE LOT
I ij M/.\[~,r);:' ROC'HES'FEFI
>- M.FJ. ,g F'G.
LOT 107
C)
>;~ c ' APPROXIMATE AREA
~' ~ 11,980 s.f. 0.2717
31 ~ !IOUTIIERLY LINE LOT 101'
' I"'
~ SOUI'HWE~T CONNEP, LOT lOT
I
ARROW ROUTE
Exhibit "A"
~.,,=.,......4 ,.~,,r,, IMAP TO ACCOMPANY I
FOOTHILL BLVD. LEGAL DESCRIPTION I
I
LOT IO8
LOT IO8 I ~ASTER~
LOT ~O8
I
I
NORTH LINE LOT }D7
t~ .~,~v"--.~ .. ,., ;~ I =
. ~ ~ ~~ EASTERLY LI~ ·
~ ~ WBTERLY 12' OF
EASTERLY 382' OF
..... OR~GE AVE. VACAT~ PER LOT ;07 ~D
li R~ EC DEC. 18 IS~ ~UTHERLY ~ LOT 108
BO~ I1~ PG. 3~0 0~. ' '
I
SO~Y LI~ LOT 107
ARROW RTE.
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 2, 1994
TO: Mayor and Members of the City Council
FROM: Suzanne Ota, Community Services Manager
BY: Susan Mickey, Management Analyst I
SUBJECT: DISCUSSION TO SELECT NAMES FOR THE INTERIM CITY LIBRARy
BUILDING AND THE CITY LIBRARY SYSTEM
RECOMMENDATION:
That the City Council select a name for the new City Public Library
system as well as the interim library building.
BACKGROUND/ANALySIS:
The City of Rancho Cucamonga has officially withdrawn from the San
Bernardino County Library System. Since the City will begin
operating its own public library beginning July 1, 1994, and will
be opening the interim library building in September, 1994, it
would be appropriate for the City Council to decide on a name for
both the new City Public Library system and the interim library
building.
Below is a list of potential names for the City Public Library
system. Of course, the Council should not feel they are limited to
only these names as they are suggestions based on names commonly
held by city public libraries and names which provide a city and
community focus.
Rancho Cucamonga Public Library
2. Rancho Cucamonga City Library
3. Rancho Cucamonga Municipal Library
4. City of Rancho Cucamonga Public Library
5. Rancho Cucamonga Community Library
In a survey of 57 California city libraries, 51 were named "Public
Libraries" with the remainder named "City Libraries" or "City Of
(name of the city) Libraries."
Since the City will be occupying an interim library building, it
would be appropriate for the City Council to select a name for the
interim building. Below are several possibilities.
1. Rancho Cucamonga Public Library
2. Rancho Cucamonga City Library
3. Rancho Cucamonga Municipal Library
4. City of Rancho Cucamonga Public Library
5. Rancho Cucamonga Community Library
6. Rancho Cucamonga Interim Library
Unless the Council selects a name with the word "interim" in it for
the library facility, the name of the interim building can be the
same.as the permanent system.
Co~Services Manager ~
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 2, 1994
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Rick Gomez, Community Development Di rector
BY: Will Jam J. O'Neil, City Engineer
SUBJECT: DISCUSSION ON THE SYNCHRONIZATION OF TRAFFIC SIGNALS
As a follow up to the Mayor's request for an update regarding the timing of
traffic signal s throughout the City, the City Council's Public Works
Subcommittee discussed this issue at its meeting on January 20, 1994. Coupled
with the comments from the City Council at the January 19th meeting and the
additional discussion by the City Council's Public Works Subcommittee, staff
was directed to develop a strategy for a complete review of the Clty's traffic
signal system. It is anticipated this strategy can be developed within 30
days.
This strategy is now in progress and will be presented to the City Council's
Public Works Subcommittee for their review. Foll owing their review,
reconmnendations will be made to the full City Council at its March 2, 1994
meeting. Should you have any questions, please call me or Joe O'Neil.
Rick
Community Development Director
RG/WJO/dl w
~1~0F ,_~ e~ c~=~o~,~ ~aea~ ,o~
~ANCHO CUC~M~NG~
JAN 18 i994
r7i ~1 ~ r l~'. 2i ~ zZ~ 1~ Z; ~',4~5 J6~ .~.c~o cuc~o.o~ c~uro.~
danQa~ 12 , 1994
Brea
MEMO~D~ TO: Debbie Adams, City Clerk,
City of Rancho Cucamonga
FROM: Ralph D. Hanson, Deputy City Attorney~
RE: 1993 ~endments to the Bro~ Act
The purpose of the following is to highlight and
summarize those changes which will most affect normal City
Clerk Brown Act duties and activities.
Naturally, the 1993 amendments include a number of
technical changes not necessarily pertinent to day-to-day
operations. For the exact wording of the Brown Act, with the
1993 amendments, please refer to the attached League
publication of the 1994 Brown Act.
All of the new requirements in the 1993 amendments
will be effective April l, 1994 (the sole exception is Section
54954.6 - notice and hearing for new or increased taxes or
assessments; effective immediately upon adoption in October,
1993).
1. Permanent committees o__~ the City Council and City
Conuniss!o_Kq ~ust comply with the Brown Act (~ 54952).
In the past, committees of less than a quorum of the
body could meet without compliance with the Brown Act. By this
amendment, "standing committees,,, regardless of their number,
must comply with the Brown Act. A standing committee is
defined to be one with "a continuing subject.matter
jurisdiction, or a meeting schedule fixed by charter,
ordinance, resolution, or formal action .... ,, An ad hoc, less
than quorum, subcommittee formed for a limited and temporary
Memorandum to: Debbie Adams
January 12, 1994
Page Two
purpose (to study or investigate some issue and report back to
the majority) will still be exempted from compliance with the
Brown Act. Again, permanent committees will be considered "a
Legislative body" and subject to all normal Brown Act
requirements (e.g., notice, agendas, public meeting place,
public comment opportunities, etc).
2. Private corporations (i.e., ~ Communitv
Foundation) must comply with the Brown Act Ja 54952.(c)).
Although always assumed under the Brown Act, the 1993
amendments make explicit the requirement that a non-profit
private corporation be treated as a "Legislative body" for
purposes of the Brown Act when:
A. It is created by the Legislative body; o7
B. Receives.funds from the local agency and the
membership of the governing board includes one appointed member
of the Legislative body.
3. Newly elected (but not seated) Councilmembers
must comply with the Brown Act IS 54952.1).
4. New definition of "meetinq,, and the social or
community event ~ explained Ja 54952.2).
Although the information is not new, the amendments
do now specifically set forth what has always been assumed as
to what constitutes a meeting and what types of events (i.e.,
social events, local community agencies not involving City
business, league conferences, etc.) are exempt from the Brown
Act.
5. Video tape ~ofmeetinqs must be allowed
.~ 54953.5 and 54953.6).
The use of a video tape recorder, or still or motion
picture camera, must be allowed during a meeting absent a
"reasonable finding" by the City Council that such activity
constitutes a disruption of proceedings due to "noise,
illumination or obstruction of a view."
Memorandum to: Debbie Adams
January 12, 1994
Page Three
6. Meetinqs must be within the Citv limits and at
facilities accessible to disabled persons. City Council
retreats and workshops outside of City limits not allowed
~ 54954 and 54961.).
By the new legislation, all regular and special
meetings shall be within the boundaries of the City except as
specifically provided by Section 54954. The seven exceptions
listed (see attached for exact wording) are specific to
activities (e.g., by court order, to inspect real property, to
participate in multi-agency meetings, etc.), the net effect of
which is to eliminate the more generalized City Council retreat
at locations outside of the City.
7. Executive session amendments.
A. The 72 hour rule for matters on the agenda
now applies to items to be discussed in Executive session.
(Section 54954.2).
B. Agenda descriptions of Executive Session
matters set forth by statute (Section 54954.5).
By Section 54954.5, each type of action allowed to be
discussed in Executive Session will have a minimum amount of
information to be included on the agenda. The section sets
forth a format of the agenda description; however, it should be
noted that any format will suffice so long as the necessary
information in included. For example, a mere notation of
"personnel items" will not suffice and will have to specify
what type of personnel activities are involved. Please refer
to the attached section for particulars. Because of such
descriptions on the agenda, the Executive Session memorandum
supplied our office on litigation or property matters are no
longer required. Despite the expanded agenda disclosure on
Executive Session items, Section 54957.7 still requires that
prior to holding a closed session the Legislative body state,
in the open meeting, the items to be discussed in closed
sessions (although this disclosure may reference the number or
other reference on the agenda).
C. Following Executive Session, the City
Council must reconvene the meeting and specifically report on
action taken (§§ 54957.1 and 54957.7(h)).
Section 54957.1 now spells out in detail what must be
said following an Executive Session. Although said section
Memorandum to: Debbie Adams
January 12, 1994
Page Four
always required a report of a roll call vote, that Section now
requires that the report state the particular vote or
abstention of every member present on any matter voted. Each
type of Executive Session item (e.g., real estate negotiations,
litigation, personnel) have particular public reporting
requirements and reference should be made to the particular
section for exact language. Although this requirement is not
the particular concern of the City Clerk's Office, you should
nevertheless, be aware of the requirements.
Finally, the League of California Cities reports that
they expect a certain legislation in 1994 to clean-up certain
inconsistencies with regard to the above-referenced amendments.
No major changes to the substantive provisions are expected.
Naturally, Our Office will report on any changes which effect
the foregoing requirements.
RDH:clf
C\131\MCC
Enclosure
,'--mr- League of
BIll
California Cities
The 1994
Ralph M. Brown Act
October 1993
(Reflecting Changes Made by
AB 1426, SB 36, SB 376 and SB 1140)
Additional copies may be purchased for:
$ 5.00 - City Officials
$10.00 - Non-City Officials
--including sales tax, shipping and handling
FROM:
League of California Cities
Publications
1400 K Street, 4th floor
Sacramento, CA 95814
916/444-5790
This publication is provided for general information only and is not offered or intended
as legal advice. Readers should always seek the advice of an attorney when confronted
with legal issues and attorneys should perform an independent evaluation of legal issues
raised by the subject of this publication.
CON~ENTS
General Explanatory Comments: Tea Conventionz, Resolving Incott~istencies
Among Bill& Effective Dates and Obtaining Bill Texts ......................... 4
Section
54950. Declaration of intent; sovereignty ............................ 5
54950.5. Short title .............................................. 5
54951. Local agency, definition .................................... 5
54951.1. Izzr. l ,~,,-..w, ~, ...........,- .......~: .................................
..... : ............. :_.^: ...........
ag;r.;',,' to, '-'-'-1-..'-, ........h ............
54952. Legislative body, definition .................................6
........................ 7
....................................... 7
54952 5 , ~_.'.,..:..^ k^,~ .... .'_^,,..~: .......... ,-^^.-~
54952.6. Action taJcen, definition .................................... 9
54952.7. Copies Of chapter to members of legislative body of local agencies .... 9
54953. Meetings to be open and public; attendance; video teleconferencing;
A ..... :^, ^~ .... :^, ,:__ ^it ....... :1 l ....... 1
54953. Meetings to be open and pubiic; attendance; operative date of section
(in effect January 1, 1994) ................................. 10
54953.1. Testimony of members before grand jury ......................
54953.3. Conditions to attendance .................................. I 1
54953.5. Recording of meetings .................................... l 1
54953.6. Broadcast of proceedings .................................. t2
54953.7. Allowance of greater access to meetings than minimal standards in this
chapter ............................................... 12
54954. Time and place of regular meetings; holidays; emergencies ........12
54954.1. Mailed notice to persons who filed written request; time; duration and
renewal of requests; fee ................................... 14
54954.2. Agenda posting; action on other matters ...................... 14
54954.3. Opportunity for public to address legislative body; adoption of
regulations ............................................ 15
54954.4. Reimbursements to local agencies and school districts for costs .....16
54954.5 Closed session agenda descriptions .......................... 16
54954.6 New or increased taxes or assessments; hearings; notice ...........19
54955. Adjournment; adjourned meetings ........................... 23
54955.1. Continuance ........................................... 23
54956. Special meetings; call; notice ............................... 23
54956.5. Emergency meetings in emergency situations ................... 24
54956.6. Fees ................................................. 25
54956.7. Closed sessions; license applications; rehabilitated criminals ........25
54956.8. Real property transactions; closed meeting with negotiator .........25
54956.9. Pending litigation; closed session; abrogation of privilege; notice;
memorandum .......................................... 26
54956.95. Closed sessions; insurance pooling; ton liability losses; public liability
losses; workers' compensation liability ........................ 28
54957. Closed sessions; threat to public services; personnel matters; exclusion
of witnesses ............................................ 29
54957.1. Closed sessions; public report of action taken .................. 30
54957.2. Minute book record of closed sessions; inspection ............... 32
54957.5. Agendas and other writings distributed for discussion or consideration
at public meetings: public records;' inspection; closed sessions ....... 33
54957.6. Closed sessions; legislative body of local agencies; salaries, salary.
schedules or fringe benefits; mandatory subjects ................. 34
54957.7. Closed sessions; disclosure of items to be discussed; notice ......... 35
54957.8. Closed sessions; legislative body of a multijurisdictional drug law
enforcement agency ...................................... 35
54957.9. Disorderly conduct during meeting; clearing of room ............. 36
54958. Application of chapter .................................... 36
54959. Penalty for unlawful meeting ............................... 36
54960. Action to prevent violations or determine applicability of chapter .... 36
54960.1. Unlawful action by legislative body; action for mandamus or injunction;
prerequisites ........................................... 38
54960.5. Costs and attorney fees .................................. 39
54961. Use of facility allowing discrimination; applicability to local agencies . 40
54962. Closed session by legislative body prohibited ................... 40
Note on Other Code Sections Affected by SB I140, SB 36, and AB 1426 .......... 41
Note on Other Code Sections Affected by SB 376 ........................... 41
61
GENERAL EXPLANATORY COMMENTS
Text Conventions
As a general matter, reclining indicates additions to the existing language of the Brown
Act; strikcGt;ta indicate deletions of language. In a few instances. inconsistent changes
are indicated with italicized language and a note below the section text.
Resolving Inconsistencies Among Bills
Generally speaking, in the absence of any express provision to the contrar~ in the statute
which is enacted last, a conclusive presumption exists the legislature intended a later-
enacted (higher chapter number) statute to prevail over statutes which are enacted
earlier (lower chapter) at the same session. See Cal. Gov't Code § 9605. The Governor
signed AB 1426 tirst (making it chapter 1136 of the Statutes of 1993), then SB 36
(making it chapter 1137) and then SB 1140 (making it chapter 1138). SB 376 is chapter
1194 of the Statutes of 1993.
Thus SB 36 prevails over inconsistencies with AB 1426, SB 1140 prevails over
inconsistencies with both SB 36 and AB 1426. Readers should be aware, however, the
inconsistencies were, in most if not all cases, unintended and areas in which there are
inconsistencies are likely to be the subject of clean-up legislation in January of 1994.
Because of this, these inconsistencies have been left in this document (usually marked
with italics or brackets), so readers may anticipate areas which may be the subjec~ of
clean-up legislation.
Effective Dates
Changes made by AB 1426, SB 36, and SB 1140 are operative on April 1, 1994.t
Changes made by SB 376 are effective immediately, inasmuch as SB 376 was an urgency
measure.2 In addition to being effective immediately, the changes made to the law by
SB 376 are declaratory of existing law. See SB 376, § 27.
Getting the Real Thing
Copies of these bills are available through CITYLINK, the League's online legislative
service. Copies are also available from the legislative bill room (916/445-2323). West's
and Deering's also publish commercial legislative services showing, by chapter number,
legislation enacted in a given year. Most county law libraries subscribe to one of these
services.
I See SB 36, § 23, SB 1140, § 12, AB 1426, § .23.
z Sc__.q SB 376, § 29.
4
THE RALPH M. BRO~VN ACT~
54950. Declaration of intent; sovereignty
In enacting this chapter, the Legislature finds and declares that the public
commissions, boards and councils and the other public agencies in this State exist to aid
in the conduct of the people's business. It is the intent of the law that their actions be
taken openly and that their deliberations be conducted openly.
The people of this State do not yield their sovereignty to the agencies which serve
them. The people, in delegating authority, do not give their public servants the right to
decide what is good for the people to know and what is not good for them to know. The
people insist on remaining informed so that they may retain control over the instruments
they have created.
54950.5. Short title
This chapter shall be known as the Ralph M. Brown Act.
54951. Local agency, definition
As used in this chapter, "local agency" means a county, city, whether general law
or chartered, city and county, 'town, school district, municipal corporation, district,
political subdivision, or any board, commission or agency thereof, or other local public
agency.
(Repealed by SB 1140)
All section references are to the Government Code, unless otherwise indicated.
5
"' ~^~' agcncT" :ncludcr a.n:,' nonprofit corpcra:icn, crcatcd
agCDCICZ. .... ; C.'~C ........................................... l-'~' ........ J ..........
(Repealed by 5B 1140)
54952. Legislative body, definition
..........................................................................................................................................
acfi~nOfa.!Cs~S!~dyC,;:~i~!L~u~..~!es.:f~(~]!.of::~.~:,.~i ................
private co~ or enti~at tithen
~y.~?'Tg~fi~ed~'b~:~he:'~l~d
aum0fl~may la~ly be delega~d by me.elated ~eming
private ~ra~on or
(2) Re~ives funds ~0m a Io~l agen~ ~d the member~ip 0f~h~
governing body includ~ a member of
appo~ted to that govem~g body by the leg~lative ~ of the locM agerig.
6
(d) The lessee of any hospital the whole or part of which is first leased pursuant
to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994,
where the lessee exercises any material authority of a legislative body of a local agency
delegated to it by that legislative body whether the lessee is organized and operated by
the local agency or by a delegated authority.
(Amended by SB 1140)
54952.L ": Member of a leglslativ~ body, def'wlt!nn
As used in:thiS'chapter, 'member of::a:legistative body of a. local agency* includes, but is
not limited to, any person electea to serve as a member of a legislative body who has not
yet ns~the==dUlies of oftiee~!:i~at l~rson shall eonform:hls other conducti=:to the '
chapter'
(Added by SB 36)
.~ ::z.~ it. '.hi: :k.---ptzr, "Icgi--.l---ti:':
x.^.~.. ^~ ;^__, ~-' .....'~ :c :' k...~.^. ,_~:.~^.:.._ bo~:,'.
(Repealed by SB 1140)
~}~i!i!iiii~iiiSi~!iSe of ~eCt=iCOmmlCation,!=perional iniermediafi~ii!Oi
tech~'gi~t!~:cteVi~ that iS=employetlby a majorltyi}iof'the
legisl~ii;~=tOi:~evetop a collective ~oncurrence~!~:to action
item:=~iii~Smembets of the legislative body~
(b) Nothing in subdivision (a) shall impose the requirements of this ~a~ter upon
any of the following:
(1) Individual contacts or conversations between a member of a
7
legislative body and any other persort
(2)" The attendance of a majority of members of a legislative body at a
conference or similar gathering open to the public that involves a discussion.of
issues of general interest to the public or to public aSencies of the
represented by the legislative body, provided that a majorin/of the membe~ 'do
not discuss among ~hemselves business of a. sl>cci~c nature that is within the
subject matter jurisdiction of the local agency. Nothing in this paragraph iS
intended to allow members of theLlmblic free admission to a c~nference 'or'~ar
gathering at which the orgnni:,ers have required other participants or reg{s!Xants tO
pay fe~i~.'~Ses
................................................................................ ' ................................
(Added by .TB ~ and A~ 1426)
Note: Because of the order in which the bills were signed, there is some controversy as to whether th~
repealer in SB 1140 repealed the 'new' s~ction 54952.2 added by SB 36 and AB 1426 (adding a new
definition of the term 'meeting"). Legislative counsel reportedly takes the position the new defmltion
meeting should go in effect. In any event, this conlroversy is likely to be resolved by dean-up legislation.
$d,,')522. ,t ...:.,--:--- '---'-., a-'- ""~"'~"" ":"' ....k,~"_--"-
ad;'i;c:-,' :orr:,,,i:::: c,r .......: ,-,-,-: .........s~,'-~, ........~ ........' ...........'
lc~i:!a:i:,e k^~.. ^t ^ ,^-^,
u, ^.:,-- _t .... '- -'J": .... c,c, mm!3:i~,.~:, .:c, mT.i:te-:: ,?,r ~;,di:,~ ....... : .....
.L.:^~ .-: ......... :" -'41 ;,;;:.~,,i~-"-~.iC, 7, ^e t^ ,,, ._A A ........ :,:_ ,'L. ..... : .....
al~c7,C'.~ ................................. .,, ............ e,'-,,'-.z ................ i.-
mccting.
8
(~
(Re~ed ~ SB II~)
(~ ~ S9 I1~)
~952.6. Action tabu, definition
~ used in th~ chapter, "a~ion t~en" me~ a collective dension made by a
majo~ of the membe~ of a leg~la~ve b~y, a coHe~ve continent or pro~e by a
majoH~ of the mem~n of a le~slative ~y to m~e a ~sitive or a negative de~io~
or an a~ual vote by a majori~ of ~e mem~n of a le~sta~ve body when sitting ~ a
body or entiW, upon a motio~ pro~, re~lu~o~ order or ordinance.
~952.7. Copies of chapter to mem~n of l~slative ~dy of I~ai a~ncies
A legislative b~y of a local agen~ may require that a copy of this chapter be
given to each member of the legislative body ~;:~a;;ele~ to :~e~;~ a
legislative body of a local agen~ may require that a copy of this chapter ~ given to
each member of each legislative body all or a majori~ of whose membe~ are appointed
by or under the authori~ of the elected legislative body.
(~mended by SB 11~, SB ~6 and AB 1426)
9
54953. Meetings to be open and public; attendance; video teleconferencing;
(a) All meetings of the legislative body of a local agency shall be open and public,
and all persons shall be permitted to attend any meeting of the legislative body of a local
agency, except as otherwise provided in this chapter, except as otherwise provided irt this
chapter.
(b) Notwithstanding any other provision of law, the legislative body of a local
agency may use video teleconferencing for the benefit of the public or the legislative
body of a local agency in connection with any meeting or proceeding authorized by law.
The use of video teleconferencing, as authorized by this chapter, shall be limited to the
receipt of public cormTsent or testimony by the legislative body and to deliberations of
the legislative body. If the legislative body of a local agency elects to use video
teleconferencing, it shall post agendas at all video teleconference locations and adopt
reasonable regulations to adequately protect the statutory or constitutional rights of the
parties or the public appearing before the legislative body of a local agency. The term
"video teleconference" shall mean a system which provides for both audio and visual
participation between all members of the legislative body and the public attending a
meeting or hearing at any video teleconference location.
delete: c,r
(Amended by 5B .3~ and AB 1426)
Note: AB 1426 does not add the language in sub<livlsion (c) relating to secret ballots. Since SB 36 was
chaptered after AB 1426, the language is presently in the new law.
At] :ll,.CCt~:iF, S C,{ .t._ ,^_:.t^.:..^ m.^A.. ~: ^ ,^_^, ....... ,.^,, ~. ....... A
.a .t, ~"":'" ..... :*'^~ tC, .......
10
m%,;~ SCC:jGr, shall bcci~:,nc i;pc:'ati;'c ....... : ,, .....
(Rep~ol~d by SB 36~
54953.1. Testimony of members before grand jury
The provisions of this chapter shall not be construed to prohibit the members of
the legislative body of a local agency. from giving testimony in private before a grand
jury, either as individuals or as a body.
54953.3. Conditions to attendance
A member of the public shall not be required, as a condition to attendance at a
meeting of a legislative body of a local agency, to register his or her name, to provide
other information, to complete a questionnaire, or otherwise to fulfill any condition
precedent to his or her attendance.
If an attendance list, register, questionnaire, or other similar document is posted
at or near the entrance to the room where the meeting is to be held, or is circulated to
the persons present during the meeting, it shall state clearly that the signing, registering.
or completion of the document is voluntary, and that all persons may attend the meeting
regardless of whether a person signs, registers, or completes the document
54953.5. Recording of meetings
(a) Any person attending an open and public meeting of a legislative body of a
local agency shall have the right to record the proceeding ee-t--t~-~,~o~ ~
reasonable finding o~ by the legislative body of the local agency that :'-'-:h ~ recording
~!;~~i~ii !~~~ constitutes, or
would constitute, a disruption of the proceedings.
to the Ca~f~::Piil~lie:.~ge~:LAC~!(~i~;}~::~(~~;~::i!~h!~;62~(i~0f'
Division7 ot[~iiiil~,;~b~t, no6/.thsta~;;Se, cti0~i~~~o~
provide. xl Wi~i~eiipn?;a~:recorde;'ma~!~!~vailabl~!~':~!ne I~; ag~9'~
(Amended by SB 36 and ,4B 1426)
11
54953.6. Broadcast of proceedings
No legislative body shall proh~it or otherwise restrict the broadcast of its
proceedings in the absence of a reasonable finding that the broadcast carmot be
accomplished without noise, illumination, or obstruction of view that would constitute a
persistent disrupvjon of the proceedings.
(,4dried by SB 36 and AB 1426)
54953.7. Allowance of greater access to meetings than minimal standards in this
chapter
Notwithstanding any other provision of law, legislative bodies of local agencies
may impose requirements upon themselves which allow greater access to their meetings
than prescribed by the minimal standards set forth in this chapter. In addition thereto,
an elected legislative body of a local agency may impose such requirements on those
appointed legislative bodies of the local agency of which all or a majority of the
members are appointed by or under the authority of the elected legislative body.
~4954. Time and place of regular meetings; holidays; emergencies
(~) The legislative body of a local agency shall provide, by ordinance, resolution,
by-laws~ Or by whatever other rule is required for the conduct of business by that body,
the time ~i!,~ for holding regular meetings ............
~:nd:r ::hlch a;:r.--/
a~'~, , ,,.._ :^^^1 ,,,,:,:.7, ........, .-.
jur~s~c:'~c.n. If a: ....." ..........' ......:__ c^.
any o[ the :f ..................................................................................................................................................o .......
(3)~cipate in meetings ~::di~"~Ul~si~ficam:~::that
are outside the boundaries of a local agency's jurisdiction, ~:However, any meeting
or discussion held pursuan~ w this suixiivi~on shall. take place' wi~iu ~h~
jurisdiction of one of the participating legal agencies and be doticed by all
participating agencies as provided for in this chapter.
12
(4) Meet in the closest meeting facili~ if the local agency has no meeting
facility within the boundaries of the territory over which Lhe local agency exercises
jurisdiction. or at the principal office of the local agency if that office. is located
outside the territory over which the agency exercises jurisdiction.
(5) Meet outside their immediate jurisdiction with elected or appointed
officials of the United States or the State of California when a local meeting
would be impradical, solel~ to discuss a legislative or regulatory issue affecting
the local agency and over which the federal or state officials have jurisdiction.
(6) Meet oreside ~eir immediate jU~'iSdi~l. iOn if the meeting takes place in
or nearby a' faciliW owned by the agency, provided.that the topic of the meeting is
C])Visit.the:office ~fthe local ~ii~i:~I~ :~n~elf6i~ a ~16S~:session
on ~nd[ng'liligation held pursuant. to SectiOning9, when to
reduce legal 'fees or costs~
~e.x~ ,/.mdeL,.tse~ ,~trcnamslances enumerate~H~VlSion' (b)~or Xo dO ~ther of
(e~!~::If, by reason of fire, flood, earthquake or other emergency, it shall be unsafe
to meet in the place designated, the meetings ==7 ~ be held for the duration of the
emergency at 3',:c~ [h~ place a3 ~3 designated by the presiding officer of the legislative
body or h~!'ior.:he~gue~in'a notice to uh~' I~:~ ~hat'haVe~eque~ ~o~ice.
pursuant to Section 54956~ by the most rapid means of communication available at the
time.
(Amended by 5B 36 and AB 1426)
13
71
54954.1. Mailed notice to persons who filed written request; time; duration and
renewal of requests; fee
The legislative body which is subject to the provisions of this chapter shall give
mailed notice of ever~ regular meeting, and any special meeting which is called at least
one week prior to the date set for the meeting, to any person who has filed a written
request for that notice with the legislative body. Any mailed notice required pursuant to
this section shall be mailed at least one week prior to the date set for the meeting to
which it applies except that the legislative body may give the notice as it deems practical
of special meetings called less than seven days prior to the date set for the meeting.
Any request for notice filed pursuant to this section shall be valid for one year
from the date on which it is filed unless a renewal request is filed. Renewal requests for
notice shall be filed within 90 days after January 1 of each year.
The failure of any person to receive the notice given pursuant to this section shall
not constitute grounds for any court to invalidate the actions of the legislative body for
which the notice was given.
The legislative body may establish a reasonable annual fee for sending the notice
based on the estimated cost of providing the service.
549542. Agenda posting; action on other matters
(a) At least 72 hours before a regular meeting, the legislative body of the local
agent7, or its designee, shall post an agenda containing a brief general description of
each item of business to be transacted or discussed at the meeting~ii~ine|h~ii~i~i~i!~
and shall be posted in a location that is freely accessible to members of the public.
No action ~!~ shall be taken on any item not appearing on the posted agend~
except 'th~:
Ln actditio~!i~n:ii:tlt~ii~'in[t~iV~i~r:in: r=spoas~to clarions
body at
legislaliveboa'y~:Ot~
business on a f-atur~agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items
of business not appearing on the posted agenda under any of the
conditions stated below. Prior to discussing any item pursuant to this subdivision, th~
14
(4) Meet in the closest meeting facili~ if th~ local agency has no meeting
facility within the boundaries of the territory over which the local agency exercises
iurisdiction, or at the principal office of the local agency if that office, is located
outside the territory over which the agency ~ewises jurisdiction.
(5) Meet outside t~eir immediate juri~iCtion with elected or appointed
officials of the United States or the State of California when a local meeting
would bc impractical, solely to discuss a legislative or regulator,/issuc affecting
the local agency and over wh/ch the federaI or state officials have jurisdiction.
(6) Meet oulslde their immediate ju~[CtI6n [f'~ meeting takes place La
or nearby a facility owncd by thc agency, provk]~:~i~a~!hc topic of the meeting is
on I~nd~g:ljtigalion:hekl putsnant .'tO.~!,~9;,when .~0
i~;::: ~:'~7'::::::::~::~::~':i~ .......~ ':'::T~ i?' ::::::::::::::::::::: "~!:'~~::' :':~-~:: ':'~'~::~:"'ii::~:""i
(e)iiilf, by reason of fire, flood, earthquake or other emergency, it shall be unsafe
to meet in the place designated, the meetings :::,:y ~ be held for the duration of the
emergency at --::;~ ~ place = ~: designated by the presiding officer of the legislative
body o~ ~i!~i!b~!i~gaee:.ia~!alaotlce to th~:l~:~!!~:[bat have ~equ~ ~tice
pursuam to ~ection 549~, by the most rapid means Of communication available at the
time.
(Antended b,v 58 36 and AB 1426)
13
71
54954.1. Mailed notice to persons who filed written request; time; duration and
renewal of requests; fee
The legislative body which is subject to the provisions of this chapter shall give
mailed notice of every regular meeting, and any special meeting which is called at least
one week prior to the date set for the meeting, to any person who has filed a written
request for that notice with the legislative body. Any mailed notice required pursuant to
this section shall be mailed at least one week prior to the date set for the meeting to
which it applies except that the legislative body may give the notice as it deems practical
of special meetings called less than seven days prior to the date set for the meeting.
Any request for notice filed pursuant to this section shall be valid for one year
from the date on which it is filed unless a renewal request is filed. Renewal requests for
notice shall be filed within 90 days after January 1 of each year.
The failure of any person to receive the notice given pursuant to this section shall
not constitute grounds for any court to invalidate the actions of the legislative body for
which the notice was given.
The legislative body may establish a reasonable annual fee for sending the notice
based on the estimated cost of providing the service.
549542. Agenda posting; action on other matters
(a) At least 72 hours before a regular meeting the legislative body of the local
agency, or its designee, shall post an agenda containing a brief general description of
each item of business to be transacted or discussed at the meeting~iiitne[~;i~i~i!~i~ii~!!~
exce, ed' 20:!.i6i;dS. The agenda shall specify the time and location of the regular meeting
and shall be posted in a location that is freely accessible to members of the public.
No action ~:.!~i~ shall be taken on any item not appearing on th~ ~ed ag~n~
In additio~!i~'imi;;ii~ioWninl~iVcC!i!iirin~r~sponscto qu~i ~d ~;!;th~ pu~
staff or o~t"~i:for ~tml::inf0rraation;!o~;~i~taff~o~?epott:baa~c!!~!~i~e
body at a ~e~fi i~! ;conCerning any matter:i? ~: hrthermoi'~ a me~:~
tegislative body~:o~;~b~:~lf,:may take action todtrect :staff toplace. a
business on a future.agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items
of business not appearing on the posted agenda under any of the c,,,,,,..: ..... ,~:.: ....
conditions stated below. Prior to discussing any item pursuant to this subdivision, the
14
legislative body shall publicly identify the item,
(1) Upon a determination by a majority vote of the legislative body that an
emergency situation exists, as defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the legislative body, or, if
less than two-thirds of the members are present, a unanimous vote of those
members present, that there is a h-he need to take immediate action and that the
need for action came to the attention of the local agency arcac subsequent to the
agenda being posted as specified in subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior meeting of
the legislative body occurring not more than five calendar days prior to the date
action is taken on the item, and at the prior meeting the item was continued to
the meeting at which action is being taken.
(Amended by SB 3d and AB 1426)
549543. Opportunity for public to address legislative body; adoption of regulations
(a) Every agenda for regular meetings shall provide an opportunity for members
of the public to directly address the legislative body on any item of interest to the public,
before or during the legislative body's consideration of the item. that is within the subject
matter jurisdiction of the legislative body, provided that no action shall be taken on any
item not appearing on the agenda unless the action is otherwise authorized by
subdivision (b) of Section 54954.2. However,
": ..... '-^^-'~ c.f .~uF.r:i.w,~ it, a el:',; -----:,~ ~un,~', the agenda need not provide an
opportunity for members of the public to address the eeeneit-ot-booM ~.~
on any item that has already been considered by a committee, composed exclusively of
members of the cc,'-:r, cll c,r ~r, ard !'~j~, at a public meeting wherein all
interested members of the public were afforded the opportunity to address the
committee on the item. before or during the committee's consideration of the item.
unless the item has been substantially changed since the committee heard the item, as
determined by the ~ur. ci!
at which :~:~!rp~po~a!~:tO:her:takenion::~!:~i: ~l:~dei~ ~ty for
mereben of; ~ii~ tOadireS: ~iltie l~ative! ~y concemingithat ilem.prio~
(b) The legislative body of a local agency may adopt reasonable regulations to
ensure that the intent of subdivision (a) is carried out, including, but not limited to,
regulations limiting the total amount of time allocated for public testimony on particular
issues and for each individual speaker.
15
(c) The legislative body of a local agency shall not prohibit public criticism of the
policies, procedures, prograr~, or services of the agency or the acts or omissions of the
legislative body. Nothing in this subdivision shall confer any privilege or protection for
expression beyond that othemise provided by law.
(Amended by SB 36 artd AB 1426J
54954.4. Reimbursements to local agencies and school districts for costs
(a) The Legislature hereby finds and declares that Section 12 of Chapter 641 of
the Statutes of 1986, authorizing reimbursement to local agencies and school districts for
costs mandated by the state pursuant to that act, shall be interpreted strictly. The intent
of the Legislature is to provide reimbursement for only those costs which are clearly and
unequivocally incurred as the direct and necessary result of compliance with Chapter 641
of the Statutes of 1986.
(b) In this regard, the Legislature directs all state employees and officials involved
in reviewing or authorizing claims for reimbursement, or otherwise participating in the
reimbursement process, to rigorously review each claim and authoria only those claim.%
or parts thereof, which represent costs which are clearly and unequivocally incurred as
the direc~ and necessary result of compliance with Chapter 641 of the Statutes of 1986
and for which complete documentation exists. For purposes of Section 54954.2, costs
eligible for reimbursement shall only include the actual cost to post a single agenda for
any one meeting.
(c) The Legislature hereby finds and declares that complete, faithful, and
uninterrupted compliance with the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Tide 5 of the Government Code) is a matter of
overriding public importance. Unless specifically stated, no future Budget Act, or related
budget enactments, shall, in any manner, be interpreted to suspend, eliminate, or
otherwise modify the legal obligation and duty of local agencies to fully comply with
Chapter 641 of the Statutes of 1986 in a complete, faithful, and uninterrupted manner.
agency ~::.~¢"~'bi~ii~:':i;na ':'as pr0videdbelow~:'!!i~N6iiI~gi~ativ~ ~ii~!iaeeted
officialshi i i a 0 : :i,e onif thai:dosed lession items ~/er~!!!described
in substan~at~!!:~mpH~!!ittj~!ihis' ~jon. $ubstmnial compliance:is satis~ect by
including the inf0rmati0nproVided below, irrespective 0f ita:forrnat
(a) With respect t0a ¢lo,sed senion held pursuant to Section 54956.7:
LICENSE/PERMIT DETERMINATION
16
Applicant(s): (Specify number of applicants)
(b) With respect to every item of business to be discussed in closed session held
pursuant to Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: (Specify street ad~es,s, or if no street address, the parcel
number or other unique reference, of the real property under
negotiation)
N~gotiat!ng paxties: (st~.'~'~ nam~Z~f'p~,(nOt agent))
(c) With;reSpiCt t~iiry'i:.l!~Zof!!:~!~;i~
......................................................................................................
Inltiiiitmof iitigati0n ~it"~iiibitlviiionZ(C)~ of S~O~ ~956.~!
pursuant to Section 54956.95:
LIABILITY' CLAIMS
Claimant: (Specify name unless unspecified pursuant to Section
17
54961)
Agency claimed against: (Specify name)
(e) With respect to every item of business to be discussed in c[osexi session
pursuant to Section 54957:
THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: (Specify name Of law enfOrcement agency and
dflc Of officer)
eUBUC EMPLOYEE APPOI~
PUBLIC EMPLOYMENT
~C; ~yF.~ PEREOR
Agen~i!!~gotiaton (Specify.~}
employee)
or
Unrepresented employee: (Spedfy position titl~ Of untOpresented
employee who is the subject of the negotiations)
18
(g) With respect to closed sessions called pursuant to Section 54957.8:
CASE REVIEW/PLANNING
(h) With respect to every item of business discussexi in closed session pursuant to
Section 54962 and Sections 1461, 32106, and 32155 of the Health and Safety Code or
Sections 37606 and 37624.3 of the Government Code:
REPORT INVOLVING TRADE SECRET
Discusiion Will concerni (S~C~liettie~:'di~on will COncern
protxlsed new service, progr~Z Or.facL!h'y)
HEARING~
Suhje~7 matter: (S~
(Addtd lay SB 36 and AB 1426)
54954.6 New or increased taxes or assessments; hea~nls; notice
(a)(1) Before adopting any new or increased general tax or any new or increased
assessment, the legislative body of a city, county, o~ special distri~
lt!~ shall conduct at least one public meeting at which local officials must allow
public testimony regarding the proposed new or increased general tax or new or
increased assessment in addition to the noticed public hearing at which the legislative
body proposes to enact or increase the general tax or assessment.
inCl~ ani:0f the..~0H~
(B)!~:~!.'eharge or benefit el~atge~'i~sS::~ ~ai .di~trieCS.~n~ipal
act :'~uires service:Charges or benefit charges to conform to the requirements of
this section.
(C) An ongoing annual assessment ff it is imposed at the same :or lower
amount as any previous year.
19
(D) An assessment which does not exceed an assessment formida or range
of assessments previously adopted by the agency or approved by the voters in the
area where the assessment is imposed.
(E) Standby or immediate availability charges,
(2) The legislative body shall provide at least 45 days' public notice of the public
hearing at which the legislative body proposes to enact or increase the general tax or
assessment. The legislative body shall providentice for the public meeting at the same
time and in the same document as the notie~ for the, pU~!iC hearing but the meeting
shall occur prior to the hearing.
(b)(1) The j0~i notice of bothY~!~ubltdi~;~ting:i the public hearing required
bv -a:a~:a-h/'~ ^c subdivision (a) with respea to a proposal for a new or increased
general tax shall be accomplished by placing a display advertisement of at least one-
eighth page in a newspaper of general circulation for three weeks pursuant to Section
6063 and by a first-class mailing to those interested panics who have filed a written
request with the local agency for mailed notice of public meetings or hearings on new or
increased general taxes.
p~t.tO {h~:iiiUbdivm0~ Any written request for mailed notices shall be effective for
one year from the date on which it is filed unless a renewal request is filed. Renewal
requests for mailed notices shall be filed on or before April 1 of each year. The
legislative body may establish a reasonable annual charge for sending notices based on
the estimated cost of providing the service.
(2) The notice required by paragraph (1) ~(~:{~{¢~ shall'include, but not
be limited to, the following:
(A) The amount or rate of the tax. ff~the, tax:iS pro~6s~d'[0~ in~ea~d
from ~"p~/iousT ye~'~tti~joint ~0tic~ s~gpant~ly state both tl~' ~ting tax
rate .a~d t~ p{opos~dtax rate increase,,
(B) The activity to be taxed.
(C) The estimated amount of revenue to be raised by the tax annually.
(D) The method and frequency for collecting the tax,
20
, r',~ (E) The dates, times, and locations of the public hearings described in
subdivision (a).
(-E---) (F) The phone number of an individual, office, or organization that
interested persons may contact to receive additional information about the tax.
(c)( 1) The notice of the public hearing required by ........ ~' ~'~ c,f subdivision
(a) with respect to a proposal for a new or increased assessment on real property shall
be accomplished through a mailing, postage prepaid, in the United States mail and shall
be deemed given when so deposited. The publicS'purSuant to subdivision (a)
shall take place?nO earHer th~n. l0 day~ aft~the]o~i~pursuant to this
subdivisicn~i The-public hearing shall lake place.~n0~:~iii~ Seven ~i~/ter the
public meeting pursUant to thiS .SubdivisiOn. The envelope of the cover of the mailing
shall include the name of the local agency and the return address of the sender. This
mailed notice shall bei in at:'l~!~i0-point:;~!zand be given to all property owners
proposed to :be!~Zsubject to the new or';increasedz:::asse-~:~ by a mailing by name to those
persons whose names and addresses appear on the last equalized county assessment roll
or the State Board of Equalization assessment roll, as the case may be.
(2) The notice required by paragraph (1) ~i~!~i~ shall include, but not
be limited to, the following:
(A) The estimated amount of the assessment per parcel.
(B) A general description of the purpose or improvements that the
assessment will fund.
{C) The address to which property owners may mail a protest against the
assessment.
atmut:~m~m,
(.D} (E~ ' ^--':-^~"- ^ ~ statement that a majority protest -~--" will cause
the assessment to be abandoned if ~e:~ent~used to levy the!assessment
so pr0VicI~.N0tiCe must aiso state the percentage: of protests required m trigger
an election, if applicable.
(-E--) (F) The dates, times. and locations of the public meeting and hearings
described in subdivision (a).
21
(3) Notw/thstanding paragraph (1), in the case of an assessment which is proposed
exclusively for operation and maintenance expenses for an entire dry, county, or district,
or operation and maintenance assessments ptopor, ed to be levied on 50,000 parcels or
more, notice may be provided pursuant to paragraph (1) of subdivision {b) and shall
include the information required by pat'agraph (2) of subdivision {c).
(4) Notwithstanding paragraph '(1), in the case of an assessment proposed' to be
levied pursuant to Part 2 (commencing with Section 22500) of Divi~on 2 of the S~ree~
and Highways Code by a regional p rk distrkt,=regional park ud open- pace &uict, or
reg/onal open-space district forme~t io:!~cle 3'(~ommencin~=with Seeti~n
5500) of dm~ipt~r 3='=~Division~5=:~!~=~i~!~!~!~~~-Wi~
Secddn 3510~)of,.i~ Public
(d) The notice requirements imposed by this section shall be construed as
additional to, and not to supersede, existing provisions of law, and shall be applied
concurrently with the existing provisions so as to not delay or prolong the goverrffnental
decisionmaking process.
(e) ~e;~bd~v'~3~c;'.:,/~" ^_a/., ~~ shall not apply to any new or increased
general tax or any new or increased assessment that requires an election of
O~T, Ci'S Cr ,,.b=.,,,, ........ .~ b ...... ,.,.,~. C,r C.Z.-CS.~;T,C~,L
imposlng;~=:~..~tiigent;
(f) Nothing in this section shall prohibit a local agency from holding a
consolidated mee~i~g:=2~ hearing at which the legislative body discusses multiple tax or
assessment proposals.
(g) The local agency may recover the ~5Ii costs of
~ hearings~ and notice required by this section from the proceeds of the tax or
subdiv~sionOi ~ ~r provision :Of law, ~all' not exceed the r~asonabl~ c~slS of the
public me~tingr~)!pUbli~ hedge? aml:.nOtice!
(Amended by $B 376, an u~ency measure)
22
54955. Adjournment; adjourned meetings
The legislative body of a local agency may adjourn any regular, adjourned regular,
special or adjourned special meeting to a time and place specified in the order of
adjournment. Less than a quorum may so adjourn from time to time. If all members
are absent from any regular or adjourned regular meeting the clerk or secretary of the
legislative body may declare the meeting adjourned to a stated time and place and he
shall cause a written notice of the adjournment to be given in the same manner as
provided in Section 54956 for special meetings, unless such notice is waived as provided
for special meetings. A copy of the order or notice of adjournment shall be
conspicuously posted on or near the door of the place where the regular, adjourned
regular, special or adjourned special meeting was held within 24 hours after the time of
the adjournment. When a regular or adjourned regular meeting is adjourned as provided
in this section, the resulting adjourned regular meeting is a regular meeting for all
purposes. When an order of adjourmnent of any meeting fails to state the hour at which
the adjourned meeting is to be held, it shall be held at the hour specified for regular
meetings by ordinance, resolution, by law, or other rule.
54955.1. Continuance
Any hearing being held, or noticed or ordered to be held, by a legislative body of
a local agency at any meeting may by order or notice of continuance be continued or
recontinued to any subsequent meeting of the legislative body in the same manner and
to the same extent set forth in Section 54955 for the adjournment of meetings; provided,
that if the hearing is continued to a time less than 24 hours after the time specified in
the order or notice of hearing, a copy of the order or notice of continuance of hearing
shall be posted immediately following the meeting at which the order or declaration of
continuance was adopted or made,
54956. Special meetings; call; notice
A special meeting may be called at any time by the presiding officer of the
legislative body of a local agency, or by a majority of the members of the legislative
body, by delivering personally or by mail written notice to each member of the legislative
body and to each local newspaper of general circulation, radio or television station
requesting notice in writing. The notice shall be delivered personally or by mail and
shall be received at least 24 hours before the time of the meeting as specified in the
notice. The call and notice shall specify the time and place of the special meeting and
the business to be transacted. No other business shall be considered at these meetings
by the legislative body. The written notice may be dispensed with as to any member who
at or prior to the time the meeting convenes files with the clerk or secretary of the
legislative body a written waiver of notice. The waiver may be given by telegram. The
written notice may also be dispensed with as to any member who is actually present at
81
the meeting at the time it convenes. Notice shall be required pursuant to this section
regardless of whether any action is taken at the special meeting.
The call and notice shall be posted at least 24 hours prior to the special meeting
in a location that is freely accessible to members of the public.
54956.5. Emergency meetings in emergency situations
In the case of an emergency situation involving matters upon which prompt action
is necessary due to the disruption or threatened disruption of public facilities, a
legislative body may hold an emergency meeting without complying with either the 24-
hour notice requirement or the 24-hour posting requirement of Section 54956 or both of
the notice and posting requirements.
For purposes of this section, "emergency situation" means any of the following:
(a) Work stoppage or other activity which severely impairs public health, safety, or
both, as determined by a majority of the members of the legislative body.
(b) Crippling disaster which severely impairs public health, safety, or both, as
determined by a majority of the members of the legislative body.
However, each local newspaper of general circulation and radio or television
station which has requested notice of special meeting pursuant to Section 54956 shall be
notified by the presiding officer of the legislative body, or designee thereof, one hour
prior to the emergency meeting by telephone and all telephone numbers provided in the
most recent request of such newspaper or station for notification of special meeting
shall be exhausted. In the event that telephone services are not functioning the notice
requirements of this section shall be deemed waived, and the legislative body, or
designee of the legislative body, shall notify those newspape~ radio stations, or
television stations of the fact of the holding of the emergency meeting, the purpose of
the meeting, and any action taken at the meeting as soon after the meeting as possible.
Notwithstanding Section 54957, the legislative body shall not meet in closed
session during a meeting called pursuant to this section.
All special meeting requirements, as prescribed in Section 54956 shall be
applicable to a meeting called pursuant to this section, with the exception of the 24-hour
notice requirement.
The minutes of a meeting called pursuant to this section, a list of persons who the
presiding officer of the legislative body, or designee of the legislative body, notified or
attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting
shall be posted for a minimum of I0 days in a public place as soon after the meeting as
24
possible.
54956.6. Fees
No fees may be charged by the legislative body of a local agency for carrying out
any provision of this chapter, except as specifically authorized by this chapter.
54956.7. Closed sessions; license applications; rehabilitated criminals
Whenever a legislative body of a local agency determines that it is necessary to
discuss and determine whether an applicant for a license or license renewal, who has a
criminal record, is sufficiently rehabilitated to obtain the license, the legislative body may
hold a closed session with the applicant and the applicant's attorney, if any, for the
purpose of holding the discussion and making the determination. If the legislative body
determines, as a result of the closed session, that the issuance or renewal of the license
should be denied, the applicant shall be offered the opportunity to withdraw the
application. If the applicant withdraws the application, no record shall be kept of the
discussions or decisions made at the closed session and all matters relating to the closed
session shall be confidential. If the applicant does not withdraw the application, the
legislative body shall take action at the public meeting during which the closed session is
held or at its next public meeting denying the application for the license but all matters
relating to the closed session are confidential and .shall not b~ disclosed without the
consent of the applicant, except in an action by an applicant who has been denied a
license challenging the denial of the license.
54956.8. Real prol~rty transactions; closed mt~thtg ~,ith t~t~otiator
Notwithstanding any other provision of this chapter, a legislative body of a local
agency may hold a closed session with its negotiator prior to the purchase, sale,
exchange, or lease of real properly by or for the local agency to give instructions to its
negotiator regarding the price and terms of payment for the purchase, sale, exchange, or
lease.
However, prior to the closed session, the legislative body of the local agency shall
hold an open and public session in which it identifies the real property or real properties
which the negotiations may concern and the person or persons with whom its negotiator
may negotiate.
For the purpose of this section, the negotiator may be a member of the legislative
body of the local agency.
For purposes of this section, "lease" includes renewal or renegotiation of a lease.
25
Nothing in this section shall preclude a local agency from holding a closed session
for discussions regarding eminent domain proceedings pursuant to Section 54956.9.
54956.9. Pending litigation; closed session; abrogation of privilege; notice;
memorandum
Nothing in this chapter shall be construed to prevent a legislative body of a local
agency, based on advice of its legal counsel, from holding a closed session to confer with,
or receive advice from, its legal counsel regarding pending litigation when discussion in
open session concerning those matters would prejudice the position of the local agency in
the litigation.
For purposes of this chapter, all expression of the lawyer-client privilege other
than those provided in this section are hereby abrogated. This section is the exclusive
expression of the lawyer-client privilege for purposes of conducting closed-session
meeting pursuant to this chapter.
For purposes of this section, litigation shall b~ comidered pending when any of
the following circumstances exist:
(a) A_ _~:..~: ............ ~-'-- ,--, .......... ~-:-: ..... -'--- ~^~- ..... -:--'--
ad:"-': ......... t.^.,_. ,.___.__ _~-- ....... ,-: ...... ~ to which the local agency
is a party, has been initiated formally.
(b) (1) A point has been reached where, in the opinion of the legislative body of
the local agency on the advice of its legal counsel, based on existing facts and
circumstances, there is a significant exposure to litigation against the local agency.
(2) Based on existing facts and circumstances, the legislative body of the local
agency is meeting only to decide whether a closed session is authorized punuant to
paragraph (1) of this subdivision.
agency but which the a~enc~ b~liev~s are not y~t known to a potential p!~intiff or
plaintiff~ which f~cts. ~M. ~um~l~ac,~ n~l.~ot b~: :dLScio~
(B) Facts and circumst~nc~S~ including, but not limited to, an ~ccid~nt,
26
disaster, incident, or transactional occurrence that might result in litigation against
the agency and that are known to a polential plaintiff or plaintiffs, which facts or
circumstances shall be publicly stated on the agenda or announced.
(C) The receipt of a claim pursuant to the Tort Claims Act or aome other
written communication from a potential plaintiff threatening litigation, which
claim or communication shall be, available for public inspection pursuant to
Section 549573.
(D) A statement made by ~;penon in an open amt public meeting
threatening litigation on a specific. miXer Within the' responsibility oft he
legislative body.
andii:gublic meeting~'made~!:on~a::ispecific~matter;;~hini~ ~;~:bi-;tim '
legislative body so'long as:!the;:oiticialior
(c) Based on existing facts and circumstances, the legislative body of the local
agency has decided to initiate or is deciding whether to initiate litigation.
Prior to holding a closed session pursuant to this section, the legislative body of
the local agency shall state -"~'~:-'-'
publicly: ~i!l~.~iil~lii~isi0n;!of:~!:~oni~
the session is closed pursuant to subdivision (a), the body shall state the title of or
othcx~vise specifically identify the litigation to be discussed, unless the body states that to
do so would jeopardize the agency's ability to effectuate service of process upon one or
more unserved parties, or that to do so would jeopardize its ability to conclude existing
settlement negotiations to its advantage.
A local agency shah be considered to be a "party" Or to have a "significant
exposure to litigation" if an officer or employee of the local agency is a party or has a
significant exposure to litigation concerning prior or prospective activities or alleged
27
activities during the COUXT, e and scope of that office or emptoymeut, including litigation in
which it is an issue whether au activity is outside the course sad scope of the office or
employment_
F'Gr F;;.:'F~c,'-c,; c,f ,t.: ..... : .... ~:,:~^,:,_, :__l..~ ....... .4:..x ...........
~ ;:'Zr, zr,: ~a_'=---!,~, bz.~r: a c;:;,-~ ad.,--!.':!;:ra:~vc ~,,c2.y ;xzr g'-'--- ';::
(Amended by SB 36 and AB 1426)
Note: The I.e,_mla~ i~ italics indiaares ~e in AB 14:36 wtfidl was ao~ ia SB :36. Since S1] 36 was
~aptend later, the I.,,gnage ii Fe$e,,Uy ao~ in the ~-w law.
54956.9S. Closeel sessions; insarance peolin~ tort liability lo,se~; l}ablic liability
losses; workers' compensation liability
(a) Nothing in this chapter shall be construed to prevent a joint powers agency
formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7
of Title 1, for purposes of insurance pooling, or a local agency member of the joint
powers agency, from holding a closed session to discuss a claim for the payment of tort
liability losses, public liability losses, or workers' compensation liability incurred by the
joint powers agency or a local agency member of the joint powers agency.
(b) Nothing in this chapter shall be construed to prevent the Lo~ Agency Self-
Insurance Authority formed pursuant to Chapter 5.5 (commencing with Section 6599.01)
of Division 7 of Title 1, or a local agency member of the authority, from holding a closed
session to discuss a claim for the payment of tort liability losses, public liability losses, or
workers' compensation liability incurred by the authority or a local agency member of
the authority.
(c) Nothing in this section shall be construed to affect Section 54956.9 with
respect to any other local agency.
28
54957. Closed sessions; threat Co public services; personnel matters; exclusion of
witnesses
Nothing contained in this chapter shall be construed to prevent the legislative
body of a local agency from holding dosed sessions with the Attorney General, district
attorney. sheriff, or chief of police, or their respective deputies, on matters oosing a
threat to the security of public buildings or a threat to the public's right of ~ccess to
public services or public facilities, or from holding closed sessions during a regular or
special meeting co consider the appointment, employment, evaluation of performance, or
dismissal of a public employee or to hear complaints or charges brought against s'.:ch
employee by another person or employee unless ~u:.h ihc employee requests a public
hcafin~ session. A~:a condition to holding aclosed session'on:~peci~c comp~aints or
charges' brought!against an employee ~!another:'person or:empl~:~ee, ~he e~loyee s~
open ~essiOn:rat~i~a ~:~ZWlfich:';no~ !sh~; bed!deliVered to xhe
employee p~r~iillyiibr:!:by!~:~i+~icasi!i!~ hoUrS:~fSre:[~:i~!A+for holO~ns
If notice ti :or!o,he, acxiOn n lelisla ve ' ':
or ~lO~::~:"'~ns the examination of a wimcss, any or all other wimcsse~ in chc
ma[ter being i~vesti~atcd by ~he legislative body.
29
{Arne~drd by SB 36 dad AB 1426)
5495%1. Closed sessions; public rein of action taken
(a) ~e legislative body of any 1o~1 agenq shall publicly report
su~~ ~:~:li~flOn. ln~c. ~ or~pro~ ~en m
omer'p~a:;~t~ s~ mat the direrart to i~a~or iam~: in:a
a~on ha:~a;-~n ad mat me a~ me defen~ a omer
sha~ on~ f~:=wa~, ~ d~ed to ay ~sn ~n i~,
to do so would je~rd~ i~ ab~W to effemate ~ of pr~ on ~e or
more uae~ed p~tie~ or ~at to do so would jeopard~e i~ abiliW to ~ncl~e
e~ang ~ttlement negoti~iom to i~
(3) Approv~ ~ven to the b~y's legal conreel of a settlement of ~nding
3O
litigation, as defined in Section 54956.9, at any stage prior to or during a judicial
or quasi-judicial proceeding shall be reported after the settlement is final, as
specified below:
(A) If the body accepts a settlement offer signed by the opposing
party, the body shall report its acceptance and identify the substance of the
agreement in open session at the public meetdng during which the closed
session is held.
(B) If final approval reRs with some other party to the litigation or
wi~h the court, then as soon as the settlement becomes fmal~ and upon
inquiry by any person,! th~lo~J agency shall disclose the fact..o~:~
(4~?:DiS~6ii ~f~d?'~:!~:!!~l~!~d~in· ~; .~e~io~ip~,~n~ ~
S~0n 54956.95Shatl.~' reponeaas soon!:as 'reachexl in a rmumer ~iiii~tiFaes"
the: ~name of the : ctaiman~i:~ :name~ofiit~:lo~:~age, ncy claimed ~!ithe
sabreand:of'the daira;::andi!~!!~mone~amountapproved for paym~nt~
re~:f~;'~t/~:~:6f~me~nuut ~ ~on 54954.1 or ~9~, ff ~ nquestet ~
pr~ent ~'~e ~me ~e d~ ~ion en~ ~pi~ af uy connect, seffiement
ageemen~ or o~er do~ments ~at were ~n~ly a~r~ed or adopt~ in t~ cl0~d
~on. If the ~fioa ~en re~ ~ one or more substantive amendsriB m ~e
rela~ed d~ments requiring re~ing the dineriB need not be r¢le~ed ~ffi ~¢
re~ing is ~mpleted during normal bus~s hour~ pr~id~ that the presid~g offi~r of
31
the legislative body or his or her designee orally summarizes the substance of th~
amendmems for She benefit of the document requester or any. other penon present and
requesting the information.
(c) The documentation referred to in paragraph (b) shall be available to any
person on the next business day following the meeting/n which the action referred to iS
taken or, in the case of substan~al amendmen~ when any necessary retyping is
complete.
(d) No~ing in this section s~ ~consmi~l'to :i~eqU/~e ths{ the legjslative'~
approve actions not::!)therwLse subj~!.~i!!~!~i'~O~taL ........
(Amended by SB 36 and AB 1426)
Note: The punauation in brackets is punctuation in AB 1426 but not in SB 36. Sino: SB 36 was ch~p(ered
after AB 1.426, the punctuation is missing from the new Inw.
549572. Minute book record of closed sessions; inspection
(a) The legislative body of a local agency may, by ordinance or resolution,
designate a clerk or other officer or employee of the local agency who shall then attend
each closed session of the legislative body and keep and enter in a minute book a record
of topics discussed and decisions made at the meeting. The minute book made pursuant
to this section is not a public record subject to inspection pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1), and shall be kept confidential. The minute book shall be available only to members
of the legislative body or, if a violation of this chapter is alleged to have occurred at a
closed session, to a court of general jurisdiction wherein the local agency lies. Such
minute book may, but need not, consist of a recording of the closed session.
(b) An elected legislative body of a local agency may require that each legislative
body all or a majority of whose members are appointed by or under the authority of the
elected legislative body keep a minute book as prescribed under subdivision (a).
32
54957.5. Agendas and other writings distributed for discussion or consideration at
public meetings; public records; inspection; closed sessions
(a) Notwithstanding Section 6255 or any other provisions of law, agendas of public
meetings and any other writings, when distributed to all, or a majority of all, of the
members of a legislative body of a local agency by; _^_~.A. ^~: ...... ~ ..........
^; .... ~ ~.~.4., ;~. any person in connection with a matter subject to discussion or
consideration at a public meeting of suc~ the body, are public records under the
California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division
7 of Title 1) ~ sc~c,r. c~ -~:-'-:~-"'^'~ and shall be made available pursuant to Sections
6253 and 6256 without delay. However, this section shall not include any writing exempt
from public disclosure under Section 6253.5, 6254, or 6254.7.
.............. E~ ........................ i-' ........ 1-' ....... F .... ~C, ;C,;7',j',,,;F,C.,C,;;i,,eF,; 0,
~^' (?d~ Nothing in this section shall be construed to prevent the legislative body of
a loca: agency from charging a fee or deposit for a copy of a public record pursuant to
Section 6257.
~-,~, ~-v ..... ~,-~ ...... ~,,,., :c, the requirements of the California Public Records Act
(Chapter 3.5 (commencing with Section 6250), Division 7, Tide 1)
c. gr.:;.-~,. Nothing in this chapter shah be construed to require a legislative body of a local
33
91
agency to place any paid advertisement or any other paid notice in any publication.
(Amended by SB 36 and AB 1426)
Note: Language in italics is language added by SB 36 but not added by AB 1426. Since SB 36 was chapfeted
after AB 1426, the italicized language is in the new law.
54957.6. Closed sessions; legislative body of local agencies; salaries, salary
schedules or fringe benefits; mandatory subjects
(a) Notwithstanding any other provision of law, a legislative body of a local
agency may hold closed sessions with the local agency's designated representatives
regarding the salaries, salanj schedules, or compensation paid in the form of fringe
.
Closed sessions of a legislative body of a local agency, as permitted in this section, shall
be for the purpose of reviewing its position and instructing the locml ageney's designated
representatives. Closed sessions, as permitted in this section, may take place prior to
and during consultations and discussions with representatives of employee organizations
and unrepresented employees.
For the purposes enumerated in this section, a legislative body of a local agency
may also meet with a state conciliator who has intervened in the proceedings.
reFr;3c.7,:a,,i _^_~ ........ ~.: ......_.,,_:_ ,.~. .......t ........... :^_ ^t. :,.
reFczcr,:c .... r.,,r-~.~, .............. r
or an inde~i~i~x~t~aetO~!i~ho functions aS au:omeer or:sau:i;!~yee;but sh&ll not
includean~i~::~!~!i~ember0f:a!!:!egiSlati~te, bedy; O~!::6~!ii~=~i~n~l~' .......
contraelorS~
(Amended by SB 1140)
34
54957.7. Closed sessions; disclosure of items to be discussed; notice
(a) Prior to c,r af:cr holding any closed session, the legislative body of the local
agen~ shall ...... ~-- -er, cra! ...... may
......... ~, ...... Gr rc.-:.sc,7.a t~o .h^ ^1~.^.4 .... : .... .4 ^:.^
^_.~ ....: .....~ ....: ....~. ...........~,^, k^ _^A ...... ; '~'^ actice p ideal fo
(~d ~ SB 36 ~ ~ 1426)
Cloud ~ssions; i~slative ~dy of a multSu~sdictionai dng law
enfonement a~n~
Nothing contained in th~ chapter shall ~ mintreed to prevent the le~slative
body of a mulfiju~i~ion~ drag law e~orcement ager.~, ~-an ad~soW ~dy of a
multijurisdiction~ drag law enforcement agent, from holding closed sessiom to dis~ss
the c~e records of ~y ongoing cfi~nal investigation of the multijurisdictional drag law
enforcement ~en~ or of any pa~ to the joint ~wers a~eemen~ to hear testimony
from pe~om i~olved in the investigation, and to dis~ss courses of action in pani~lar
cases.
"Multijurisdictional drag law enforcement agent," for pu~oses of this section,
means a joint powers entity formed pursuant to ~ticle 1 (commencing with Section
65~) of Chapter 5 of Division 7 of Title 1, which pro~des drag law enforcement
seaices for the parties to the joint powers agreement.
35
The Legislature finds and declares that this section is within the public interest, in
that its provisions are necessary to prevent the impairment of ongoing law enforcement
investigations, to protect witnesses and informants, and to permit the discussion of
effective courses of action in particular cases.
54957.9. Disorderly conduct during meeting; clearing of room
In the event that any meeting is wilfully interrupted by a group or groups
persons so as to render the orderly conduct of such meeting unfeasible and order cannot
be restored by the removal of indixdduals who are wilfully interrupting the meeting, the
members of the legislative body conducting the meeting may order the meeting room
cleared and continue in session. Only matters appearing on the agenda may be
considered in such a session. Representatives of the press or other news media, except
those participating in the disturbance, shall be allowed to attend any session held
pursuant to this section. Nothing in this section shall prohibit the legislative body from
establishing a procedure for readmilling an individual or individuals not responsible for
wilfully disturbing the orderly conduct of the meeting.
54958. Application of chapter
The provisions of this chapter shall apply to the legislative body of every local
agency notwithstanding the conflicting provisions of any other state law.
54959. Penalty for unlawful meeting
Each member of a legislative body who attends a meeting of such ~ legislative
body where action is taken in violation of any provision of this chapter, with ~
c~f the f=c: :hat :he rz,,cctlng '~ in ~cl---:icn thereef ~!:!~t~nt!
o(Z~6~a~rt:~i:i~li!;:i!~:::~:i~!Z!!~::i:.~~ :i~::~ii~'af"a:"~'~ ............
(Amended by SB 36 and AB 1426)
54960. Action to prevent violations or determine applicability of chapter
(a) ~!~;.!;d~:!~6i'~a:tmy interested person may commence an action by
mandamus, injunction or declaratory relief for the purpose of stopping or preventing
violations or threatened violations of this chapter by members of the legislative body of a
local agency or to determine the applicability of this chapter to actions or threatened
future action of the legislative body, otto 'determin=:'the Validity under ~laWS of th~
state or Of the Uni~d States ~.any rule!~or aaion by;ithe legislative body':m'penalhe or
otherwise discourage the expression of one or more.of its members, or to:cOmpel the
legislative body to tape record its closed sessions as hereinafter provided.
(b) The court in its discretion may, 'Upon a judgment of a violation Of Sections
36
54956,7, .56956.8, 54956.9, 54956,95, 54957, or 54957.6, order the legislative body to tape
record its eloMd sessions and preserve the tape recordings for the period and under the
terms of security and confidentiality the court deems appropriate.
(c) (l) Each recording so kept shall be immediately labeled with tl~ date of the
closed sesaion recorded and the title of the clerk or other officer who shall be custodian
of the recording.
(2) The tal~s shall b~ subject to the following discovery procedures:
(A) in ~ case'in which ~ery or'disclosure of ti~ tape
~t by either the di:,hla attorney or the plaimiff in a civil
p~nt to. t~le~On,Tthe;party seeking :di~oV~ry
a written notie~:iof motion with the :appr~rllto. e~jutt with ~ot~;;!~2!~
.................................................................
...........................
in:eamera;ii:the!!!t;ecortl~: of that portion of ~:~:ctosed: sessiOii==all/g~!to
(4y;:~~=:~he:::~i~=~r~:ie~iew, tki~=~oUn· C6ilCliid~s tha~
pQrtlOr/:o[i;~rding;woUld be likely to materially assist in the resolution of
litigadon;!~Violation of this chapter, the court shall, in its discredom make:a
certified transcript of the portion of the recording a public exhibit in the proceeding:
37
(5) Nothing in this section shall permit discovery of communications which are
protected by the .attorney-client privilege.
(Amended by SB 36 and ,,4/5 1426)
54960.1. Unlawful action by legislative body; action for mandamus or injunction;
prerequisites
(a) The district attorneyor aAny interested person may commence an action by
mandamus or injunction for the purpose of obtaining a judicial determination that an
action taken by a legislative body of a local agency in violation of Section 54953, 54954.2,
54954.5, 54954.6, or 54956 is null and void under this section. Nothing in this chapter
shall be construed to prevent a legislative body from curing or correcting an action
challenged pursuant to this section.
(b) Prior to any action being commenced pursuant to subdivision (a), the
attorney or interested person shall make a demand of the legislative body to cure or
correct the action alleged to have been taken in violation of Section 54953, 54954.2,
54954.5;~54954.6, or 54956. The demand shall be in writing and clearly describe the
challenged action of the legislative body and nature of the alleged violation.
The written demand shall be made within ~ ~ days from the date the action was
~iuleix. Within 30 days of receipt of the demand, the legislative body shall cure or
correct the challenged action and inform the demanding party in writing of its actions to
cure or correct or inform the demanding party in writing of its decision not to cure or
correct the challenged action. If the legislative body takes no action within the 30-day
period, the inaction shall be deemed a decision not to cure or correct the challenged
action, and the 15-day period to corru~ence the action described in subdivision (a) shall
commence to run the day after the 30-day period to cure or correct expires. Within 15
days of receipt of the written notice of the legislative body's decision to cure or correct,
or not to cure !~rr~i~t~ij~.iij~jj~Y~i~:!i~ the expiration of the 30-day period to
or correct
cure , ~r
~ .... h- -~^" .... ~ -^': ......... "-- whichever is earlier, the demanding party shall be
required to commence the action pursuant to subdivision (a) or thereafter be barred
from commencing the action.
(c) An action taken that is alleged to have been taken in violation of Sections
54953, 54954.2, 54954.5. 54954.6, and 54956 shall not be determined to be null and void
if any of the following conditions exist:
(1) The action taken was in substa'ntial compliance with Sections 54953,
54954.2, 54954,5, 54954.6, and 54956.
38
(2) The action taken was in connection with the sale or issuance of notes,
bonds, or other evidences of indebtedness or any contract, instrument, or
agreement thereto.
(3) The action taken gave rise to a contractual obligation, including a
contract let by competitive bid other than compensation for services in the form
of salary or fees for professional setvies, upon which a party has, in good faith
and without n01i~ .0f:a~:~lenge .t0 tlt~ validity of the action, detrimentally
relied.
(4) The action taken was in connection with the collection of any tax.
(d) During any action seeking a judicial determination pursuant to subdivision (a)
if the court determines, pursuant to a showing by the legislative body that an action
alleged to have been taken in violation of Section 54953, 54954.2, ~ 54954.6, or
54956 has been cured or corrected by a subsequent action of the legislative body, the
action filed pursuant to subdivision (a) shall be dismissed with prejudice.
(e) The fact that a legislative body takes a subsequent action to cure or correct an
action taken pursuant to this section shall not be construed or admissible as evidence of
a violation of this chapter.
(Amended by 5~ 36 and AB 1426)
54960. S. Costs and attorney fees
A court may award court costs and reasonable attorney fees to the plaintiff in an
action brought pursuant to Section 54960 or 54960.1 where it is found that a legislative
body of the local agency has violated this chapter. The costs and fees shall be paid by
the local agency and shall not become a personal liability of any public officer or
employee of the local agency.
A court may award court costs and reasonable attorney fees to a defendant in any
action brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed
39
in a final determination of such action and the court finds that the action was clearly
frivolous and totally lacking in merit.
54961. Use of facility allowing discrimination; applicability to local agencies
(a) No legislative body of a local agency. shall conduct any meeting, ecr, fcrcr, cc,
c~thcr fur, ction in any facility that prohibits the admjttance of any person, or persons, on
the basis of race, religious creed, color, national origin. ancestry., or sex, or ,.vhich is
inacce~Ie :to disabled persons, Or where raemSm of.the publiC~ay not be present
without making a'paymenl or purchase. This section shall apply ~o every local agency as
defined in Section 54951, 5~.95!.I, c,r
(Amended by SB 1140, AB 1426 and SB 36)
Note: Amendments made in SB 3~ and AB 1426 which were not made in SB 1140 ate identi/icd by italics.
Since SB 1140 was chapfeted last, the italicized language is presently n~ in the new hw.
54962. Closed session by legislative body prohibited
Except as expressly authorized by this chapter, or by Sections I~ 32106 and
32155 of the Health and Safety Code ~
~ as they apply to hospital/d/~/e~;"~?-~ii
held by any legislative body of any local agency.
(Amended by SB 1140 and SB 36)
Note: Amendments made in SB 36 and AB 1426 which were not made in SB 1140 are identified by italics.
Since SB 11~0 was chaptered last, the italicized language is presently not in the new law.
40
Note on Other Code Sections Affected by SB 1140, SB 36, and AB 1426
SB 1140 amended section 35145.5 of the Education Code, repealed section 36808 of the
Government Code.
SB 36 added section 1461 to the Health and Safety Code, as did AB 1426.
AB 1426 added a section 54925.1 to the Government Code, which appears to contain a
typographical error in the section number (the number should be 54952.1.). However,
this language duplicates the language in SB 36 which did indeed add a section 54952. I to
the Brown Act.
Note on Other Code Sections Affected by SB 376
SB 376 also made changes to the following: section 50078.6 of the Government Code
(amended); section 61712 of the Government Code (amended); section 2291.2 of the
Health and Safety Code (amended); sections 2850, 2853, 5194, 9527, 10301, 11302, 18070,
18343. 18663, 22090, 22526, 22556, 22588, 22590, 22624, 22626, 22629, 22630.5, 22631,
36523, and 36523.5 of the Streets and Highways Code (amended); section 11300 of the
Streets and Highways Code (repealed). SB 376 is an urgency measure, which means
these changes are effective immediately.
j:\lepl\brt~w'naet,94
41
TABLE OF CONTENTS
PERSONNEL RULES AND REGULATIONS
PAGE
RULE I - GENERAL PROVISIONS AND ADMINISTRATION
SECTION 1 General Provisions .............................................. 1
l. Personnel Management Principles and Policies ...............
SECTION 2 Purpose ........................................................ I
SECTION 3 Adoption of Rules and Regulations .............................. 2
SECTION 4 Amendment of Rules and Regulations ............................. 2
SECTION 5 Fair Employment ................................................ 2
SECTION 6 Violation of Rules ............................................ 2
SECTION 7 Definitions of Terms ........................................... 2
SECTION 8 Positions and Employees Covered ................................. 8
SECTION g Departmental Policies and Procedures ............................ 8
SECTION 10 Availability of Rules and Regulations ........................... 8
SECTION 11 Administration of the Personnel Program ......................... 8
SECTION 12 Savings Clause .................................................. g
SECTION 13 Political Activity .............................................. g
RULE II - POSITIONS CLASSIFICATION
SECTION I Purpose ........................................................ 10
SECTION 2 Composition of the Position Classification Plan ................ 10
SECTION 3 Preparation of the Position Classification Plan ................ 10
SECTION 4 Class Specification ............................................ ll
1. Source of Specification ....................................
2. Interpretation of Specifications ........................... ll
3. Use in Allocations ......................................... ll
4. Qualification of Statements ................................. 11
SECTION 5 Original Allocation of Positions ................................ !1
SECTION 6 Continuing Administration of the Position Classification Plan...12
SECTION 7 Effect of Reallocation of Positions ............................. 13
SECTION 8 Position Control ................................................ 13
RULE III- RECRUIT/ENT, SELECTION AND PLACEENT
SECTION I Examinations .................................................... 14
1. Selection of Examination .................................... 14
2. Freedom from Bias ..................... ; ..................... 14
3. Character of Employment Selection Process ................... 14
4. Reclassification ............................................ 15
S. Medical Examination ......................................... 16
6. Method of Selection ......................................... 16
7. Content of Recruitment Announcements ........................ 16
8. Distribution of Announcements ............................... 17
g. Postponement of Cancellation of Selection Processes ......... 17
10. Administration .............................................. 17
SECTION 2 Applicants and Applications ..................................... 17
1. Applications ................................................ 17
2. Qualifications of Applicants ................................ 17
g4
3. Admission to Selection Process .............................. !8
4. Disqualification of Applicants .............................. 18
SECTION ] Scoring and Report of Examination ............................. 19
1. Rating of Examination as a Whole .......................... 19
2. Ratings of Experience and Training ........................ 19
3. Notification of Selection Process Results ................. 19
4. Life of Examination Papers ................................ 20 ~
5. Written Test Review by Candidates ......................... 20
6. Notice of Examination Results ............................. 20
SECTION 4 Eligible Lists ............................................... 2l ,
1. Preparation of Eligible List ........................... 21
2. Priority of Eligible Lists ............................... 21
3. Re-Employment Lists ...................................... 21
4. Order of Names of Eligible Lists ......................... 21
5. Amendment of Lists ....................................... 21
6. Duration of Eligible Lists ............................... 2l
7. Removal of Names for Eligible List ........................ 21
8. Comparable Lists .......................................... 22 ,
SECTION 5 Medical Assessments ............................................ 22
1. Purpose .................................................... 22
2. Disqualification ........................................... 23
3. Review of Medical Examination .............................. 23
4. Appointment Contingent Upon Successful Medical Treatment .... 23
SECTIO!I 6 Certification of Eligibles ...................................... 23
1. Vacancies ................................................... 23
2. Certification of Eligibles .................................. 23
3. Appointment ................................................. 24
SECTION 7 Probationary Period ............................................ 24
1. Purpose .................................................... 24
2. Duration ................................................... 24
3. Extension of Probationary Period ........................... 24
4. Probationary Service Rating ............................... 25
5. Promotional Probationary Period ........................... 25
6. Probationary Period After Demotion ............ 25
7. Action at End of Probationary Period ...................... 25
SECTIO!I 8 Non-Classified Appointments ................................... 25
1. Provisional Appointments .................................. 25
2. Duration of Provisional Appointment ....................... 26
3. Termination of Provisional Appointment .................... 26
4. Seasonal Appointments ..................................... 26
5. Temporary and Part Time Appointment ....................... 26
6. Emergency Appointments .................................. 26
SECTIOII 9 Executive Appointments ....................................... 27
SECTION 10 Transfers or Reassignments ................................. 27
1. Transfers .............................................. 27
2. Employee Request ....................................... 27
3. When Refused or Revoked ................................. 27
4. Related Job Assignments ................................. 27
SECTION 11 Reinstatements .............................................. 27
SECTION 12 Nepotism .................................................... 28
RULE IV - COI~EMSATIOel
SECTION I Preparation ..................................................... 30
94
SECTION 2 Merit (Incentive) Salary and Compensation Plan .................. 30
SECTION 3 Wage Rates ..................................................... 30
SECTION 4 Salary on Appointment .......................................... 30
SECTIOM 5 Merit (Incentive) Salary Advancements .......................... 30
SECTION 6 Salary on Suspension ........................................... 31
SECTION 7 Salary on Demotion ............................................. 31
1. Involuntary Demotion ................. ~ ..................... 31
2. Voluntary Demotion .......................................... 31
SECTION 8 Salary on Position Reclassification ............................. 31
SECTION g Salary Adjustment Effective Date ................................ 32
SECTION 10 Travel and Other Official Expenses .............................. 32
SECTION 11 Total Remuneration .............................................. 32
RULE V - HOURS OF WORK AND WORKING SCHEDULES
SECTION 1 All Employees ................................................... 33
SECTION 2 Working Schedule Assignments .................................... 33
SECTION 3 Executive, Man?le~ent and Professional Employees ................ 33
SEC'rION 4 Emergency Reca rocedure ...................................... 33
RULE VI - LEAVE
SECTION I General ......................................................... 34
SECTION 2 Vacation Leave ................................................. 34
SECTION 3 Leave of Absence With Pay ...................................... 34
1. Jury Duty .................................................. 34
2, Maternity Leave ............................................ 34
3. Paternity Leave ............................................ 34
4. Family and Medical Leave ................................... 35
5. Other Leave of Absence With Pay ............................ 35
SECTION 4 Leave of Absence Without Pay ................................... 35
SECTION 5 Military Leave ................................................. 35
SECTION 6 Holidays ....................................................... 36
SECTION 7 Sick Leave ..................................................... 36
1. Who is eligible ............................................ 36
2. Amount Earned .............................................. 36
3. Accumulation of Sick Leave ................................ 36
4. Advanced Sick Leave ........................................ 36
5. Utilization of Sick Leave Benefits ........................ 36
6. Illness During Vacation Leave .............................. 37
7. Notification to Supervisor ................................ 37
8. Sick Leave Authorized Due to Illness in Family .............. 37
9. Return to Work Following Illness ........................... 37
10. Medical Certificate Requirements ............................ 37
SECTION 8 Bereavement Leave .............................................. 37
SECTION g Service-Connected Injury or Illness ............................. 38
RULE VII -OUTSIDE E!eLOYRENT
SECTION I Policy .......................................................... 3g
SECTION 2 Authorization for Outside ...................................... 39
SECTION 3 Determination of Inconsistent Activities ........................ 39
SECTION 4 Use of City Equipment Prohibited ................................ 40
g4
RULE VIII - SEPA~TIONS
SECTION 1 Resignation .................................................... 41
SECTION 2 Reduction in Force by Layoff ................................... 41
l, Advance Notice ............................................. 41
2. Offer of Reassignment ........................ ; ............. 41
3. Laid Off Employees on Reemplo)~nent R~ister ................ 41
4. Appo~nbnent of Laid Off Employees to Lo~er Class ........... 4~
S. Order of Separation ........................................ 42
~. Re-Appointment of Laid Off ~ployees ....................... 42
RULE IX - EleLOI~E CONOUCT AND DISCIPLINE
SECTION ] Definition and Objective o~ Discipline .......................... 43
1. Oral Reprimand .............................................. 43
2. Written Reprimand ........................................... 43
3. Disciplinary Suspension ..................................... 43
4. Reduction in Pay ............................................ 43
5. Disciplinary Demotion ....................................... 43
6. Dismissal ................................................... 43
SECTTON 2 Disciplinary Procedures ......................................... 44
1. Purpose ..................................................... 44
2. Initial Notice .............................................. 44
3. Documentation ............................................... 44
4. Right to Respond ............................................ 44
S. Right to Representation ..................................... 44
6. Further Investigation ....................................... 44
7. Implementation of Disciplinary Action ....................... 44
SECTION 3 Disciplinary Authority .......................................... 44
Z. Informal Discussion ......................................... 45
2. Oral or Written Reprimand ................................... 45
3. Suspension .................................................. 45
4. Reduction in Pay ........................................... 45
5. Demotion ................................................... 45
6. Dismissal .................................................. 45
SECTION 4 Emergency Situation ............................................ 46
SECTION S Grounds for Disciplinary Action ................................ 46
SECTION 6 Records ........................................................ 47
RULE X - DISCIPLINE APPEAL PROCEDURES
SECTION I Right of Appeal ............................................... 48
SECTION 2 Method of Appeal .............................................. 48
SECTION 3 Notice ........................................................ 48
SECTION 4 Evidence ...................................................... 48
SECTZOII 5 Hearing Officer ............................................... 48
SECTION 6 Appeal to City Manager or City Council ........................ 49
SECTION 7 Hearing Conduct and Representation ............................. 49
SECTION 8 Evidence and Examination of Witness ............................ 4g
SECTION g Findings and Conclusion ........................................ 49
SECTION 10 Implementation ................................................. 50
94
RULE XZ GRIEVANCE PROCEDURES
SECTION I Purpose .........................................................
SECTZON 2 Hatters Subject to Grievance Procedure .......................... 51
SECTION 3 Informal Grievance Procedure ....................................
SECIION 4 Formal Grievance Procedure (Levels of Review Through
Chain of Command ................................................ 51
1. First Level of Review ....................................... 51
2. Department Review ........................................... 52
3. Personnel Officer ........................................... 52
SECTION 5 Conduct of Grievance Procedure .................................. 52
RULE XII - TItekINING AND E~LOYEE DEVELOPRENT
Section I Purpose ....................................................... 53
Section 2 Responsibility ................................................ 53
1. The Employee .............................................. 53
2. Supervisors ............................................... 53
3. The City of Rancho Cucamonga .............................. 53
4. The City Manager .......................................... 53
SECTIOle 3 Organization ................................................... 53
SECTION 4 Safety .......................................................... 54
SECTION 5 Performance Evaluation .......................................... 54
1. Policy ...................................................... 54
2. Schedule for Evaluation ..................................... 54
3. Authority to Evaluate ....................................... 55
4. Review with the Employee .................................... 55
5. Objection to Evaluation Report .............................. 55
6. Effects of "Improvement Needed" or "Unsatisfactory"
Evaluation .................................................. 55
7. Distribution of the Reports ................................. 55
RULES XIII - REPONTS AND RECORDS
SECTION I Roster Cards .................................................. 56
SECTION 2 Reports to Personnel Office ................................... 56
SECTION 3 Other Records ................................................. 56
SECTION 4 Reports ....................................................... 56
SECTION 5 Change of Status Report ....................................... 57
SECTION 6 Destruction of Records ........................................ 57
SECTION 7 Personnel Files ............................................... 57
RULES XIV - PART TIRE, SEASOItaJ. AND TERmORARY ER>LOYEES
SECTZON I Compensation .................................................... 58
1. Part Time Employees ......................................... 58
2. Seasonal Employees .......................................... 58
3. Temporary Employees ......................................... 58
SECTION 2 Participation in Benefit Programs ............................... 58
SECTXON 3 Schedules, Position Control, Wage Rates ......................... 58
SECTION 4 Compensation Level Upon Appointment ............................. 58
SECTION 5 Performance Appraisal ........................................... 58
94
RULE I
GENERAL PROVISIONS AND ADMINIS[KATION
SECTION 1 General Provisions
1. Personnel Management Principles and Policies
a. Objective: The major objectives of the personnel management program
of Rancho Cucamonga are the effective selection, development and
utilization of its human resources. Selection encompasses the
assurance of fair and equitable treatment of all persons seeking
employment through the merit selection processes of the City.
Development includes increasing proficiency through training and
educational opportunity. Utilization includes assignments that serve
the mutual needs of the employee and the organization as well as
establishing standards of expectation and performance. Personnel
management is, therefore, not an entity in itself but an integrated
and integral part of the total management process.
b. Responsibility: Personnel management is a primary responsibility of
every person who plans, directs or supervises the work of' another
person. Employee supervisors have an obligation to see that all City
personnel policies, rules and regulations are understood and properly
and fairly carried out. Effective administration calls for personnel
management of the highest caliber at every level.
Each employee is expected to display a willingness to produce, and to
demonstrate ability by contributing to departmental and overall
organizational goals; helping to bring about changes which are within
the employee's scope of duties, and which are for the common good of
the organization.
Supervisors should practice firm and fair leadership style and are
expected to assess and understand the individual needs of employees.
SECTION 2 Purpose
It is the purpose of these Rules and Regulations to set forth the policies,
principles and procedures that are to be followed in the administration of
Rancho Cucamonga's personnel management program. They are intended to
establish a modern and workable system of personnel administration based upon
merit principles. These Rules shall apply to situations involving the
relationship of "management" to the "employee"; shall be established to
conform with and be complementary to the Municipal Code, and in cases where
there is deemed to be a conflict between the provisions of these Rules and the
Municipal Code, the Municipal Code shall prevail.
SECTION 3 Adoption of Rules and Requlations
These Rules and Regulations shall only become effective when they are adopted
by the City Council. Upon adoption they shall supersede any and all City-wide
and/or departmental personnel management policies, rules, regulations, and
procedures previously adopted, except those adopted by order of a department
manager which are not in conflict with these Rules.
SECTION 4 Amendment of Rules and Regulations
The City Council may add to, or amend these personnel management Rules and
Regulations. Amendments to such Rules and Regulations may be proposed from
time to time by any member of the City Council, City Manager, Personnel
Officer, City Attorney, or employee groups. As such amendments and/or
additions affect the salaries, benefits, and working conditions of the
employees, they shall be subject to the meet and confer process as established
by State law.
SECTION 5 Fair Emplo,)nnent
No question in any test, or in any application form, or in any interview
procedure shall be so framed as to attempt to elicit information concerning
age, sex, marital status, race, ancestry, national origin, political or
religious affiliations or opinions of any applicant, except as may be required
for compliance with Federal or State law.
SECTION 6 Violation of Rules
Violation of these Rules as adopted, or any of them, or any departmental rules
adopted pursuant to these rules shall constitute grounds for reprimand,
suspension, demotion, discharge, or other disciplinary action.
SECTION 7 Definitions of Terms
Certain terms used in these Rules shall be defined as follows:
1. ALLOCATION: The assignment of a position to a class on the basis of
the kind, difficulty and responsibility of work of the position.
2. ANNIVERSARY DATE: The date an employee is appointed, promoted,
demoted, or reinstated to a position within the classified services.
3. APPLICANT: Any person submitting a formal, completed application for
employment with the City.
4. APPOINTING AUTHORITY: The department manager shall be the appointing
authority, provided that the City Manager shall be notified by the
department manager of any intended appointment prior to the
appointment being made and the City Manager may then conclusively
disapprove an intended appointment by so disapproving the same to the
department manager in writing prior to the appointment being made.
5. APPOINTMENT: The placement of a certified candidate from an eligible
list to a position within the classified service.
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6. BANDING: Ranking applicants oral review on the basis of ratings "Not
Acceptable," "Acceptable," "Good," and "Excellent."
7. CERTIFICATION: The act of supplying a department with names of
applicants who are eligible, in accordance with the provisions of
these Rules, for appointment to the class and position for which
certification is requested.
8. CITY: The City of Rancho Cucamonga.
9. CITY COUNCIL: The City Council of the City of Rancho Cucamonga.
10. CITY MEDICAL EXAMINER/DESIGNATED PHYSICIAN; A medical doctor
designated by the City to give and evaluate medical examinations
required of employees or prospective employees.
11. CLASS: A position or group of allocated positions sufficiently
similar as to duties performed, degree of supervision exercised or
required, desirable requirements of training, experience, knowledge,
abilities, skill, working conditions and such other qualifications
such that each position allocated to the class may have; but are not
limited to:
a. The same descriptive title;
b. The same tests of fitness to determine qualified employees;
c. The same schedule of compensation;
d. The same basic desirable qualification requirements.
12. CLASSIFIED SERVICE: All full time employees of the City of Rancho
Cucamonga except elected officials, Council appointees, the City
Manager, executive management personnel reporting to the City Hanager,
appointive officers serving without compensation, and all temporary,
provisional, seasonal, transitional, emergency and part-time employees
as defined herein.
13. CLASS SPECIFICATION; The written description of a class, including
the title; a statement of the nature of the work, examples of duties
and responsibilities, and the requirements that are desirable for the
satisfactory performance of the duties of the class.
14. CLASS TITLE: The title assigned to any particular class and used for
reference to that class.
15. CODE: The Municipal Code of Rancho Cucamonga.
16. COHPENSATION: Salary, wages, fees, benefits, allowances or monies
paid to or on behalf of an employee for personal services.
17. COMPENSATORY TI~E OFF: Time off in lieu of pay for overtime worked.
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18. CONFIDENTIAL EMPLOYEE: Those employees designated as such by the City
Manager, which employee, in the course of his/her duties, has access.
to information relating to the City's administration of employer-
employee relations. Employees designated as confidential employees
may not act as representatives of employee organizations which
represent other employees of the City.
19. CONTINUOUS EXAMINATION: An open competitive examination which is
administered periodically, resulting in the placement of names on an
employment eligible list, for a period of not more than six (6)
months.
20. CONTINUOUS SERVICE: Employment without interruption. Includes
approved leaves of absence or absence to serve in the armed forces of
the United States, as provided by Section 395 of the Military and
Veterans Code, as amended.
21. DEMOTION: The voluntary or involuntary movement of an employee from a
position in one class to a position in another class having a lower
maximum salary rate than the employee's present class.
22. DISCHARGE: The dismissal and/or involuntary separation of an employee
for cause from the classified services.
23. ELIGIBLE: A person whose name is on an active reemployment,
promotional, or initial appointment list and who may, under these
Rules, be certified for consideration of appointment to a position in
the classified service.
24. EMERGENCY EMPLOYEE: An individual appointed to a classified or non-
classified position for a period not to exceed thirty {30) days.
25. EMPLOYEE: An individual appropriately appointed to a position with
the City.
26. EMPLOYMENT DATE: For retirement, sick leave, and other benefit
purposes, the effective date of an employee's initial appointment to a
full time or regular part-time position within the classified
services.
27. EXECUTIVE MANAGEMENT EMPLOYEE: An employee designated as such by the
City Manager including, but not necessarily limited to the employees
occupying the following classifications: Administrative Services
Director, Building Official, City Engineer, City Manager, City
Planner, Community Development Director, Community Services Manager,
Deputy City Manager, Finance Officer, Fire Chief, Library Manager, and
Redevelopment Manager.
28. EMPLDYMENT ELIGIBLE LIST: A list of names of persons who earned
qualifying ratings in an examination for a class of positions with
names arranged by their qualifying rating in the examination.
2g. GENERAL EMPLOYEE: An employee of the classified service other than a
sworn public safety officer.
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30. GRIEVANCE: A complaint by a full time regular or probationary
employee concerning the interpretation of the Memorandum of
Understanding or these Personnel Rules and Regulations or other
matters excluding disciplinary actions as defined in Rule XI, pursuant
to these Rules and Regulations. Grievances must relate specifically
to actions or conduct affecting the employee filing the grievance.
31. GRIEVANCE APPEAL: A request by a full time regular or probationary
employee for review, by a higher authority, of the disposition of a
grievance, in accordance with the grievance procedure of these
Personnel Rules.
32. GRIEVANCE PROCEDURE: The systematic means by which an employee may
obtain consideration of a grievance.
33. IMMEDIATE FAMILY: Group of individuals: the employee's spouse,
employee's parents, employee's grandparents, employee's, children,
siblings and grandchildren, employee's spouse's parents, or a blood
relative residing with the employee.
34. IMMEDIATE SUPERVISOR: The most immediate person to whom an employee
reports for work assignment and directions.
35. LAYOFF: The separation of an employee from the classified service
which has been made necessary by lack of work, or appropriation of
monies, other reasons not related to the fault, delinquency, or
misconduct on the part of the employee.
36. MEET AND CONFER PROCESS: The procedures established by Section 3500,
et.seq., of the California Government Code, as amended.
37. MERIT IIncentive} SALARY ADVANCEMENT: A salary increase from one
salary level to a higher salary level in the same pay range.
38. NON-CLASSIFIED EMPLOYEE: All officers and employees of the City not
within the classified service as defined above.
39. OPEN COMPETITIVE EXAMINATION: An examination open to qualified
applicants both within and outside the classified service.
40. ORIGINAL OR INITIAL APPOINTMENT: The appointment of a person, whose
name appears upon an eligible list, to a position in the City
service. Original appointment does not include persons who are
present probationary or regular employees of the City or persons who
are being reinstated or reemployed from a reemployment list.
41. PART-TIME POSITION: A budgeted position of less than forty {40) hours
per week typically less than 1,040 hours per year as further defined
under Rule XIV.
42. PAY RANGE OR SALARY RANGE: The range of salary rates or steps for a
position class.
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43. PERFORMANCE EVALUATION: An evaluation of an employee's work
performance by their immediate supervisor.
44. PERSONNEL OFFICER: The City Manager or designee.
45. .POSITION: A group of current duties and responsibilities assigned or
delegated by competent authority and requiring the full or part time
services of one {1} employee.
46. PROBATIONARy PERIOD: a designated period of one year in a regular
classified position following appointment from an appropriate eligible
list. The appointment may be original or promotional. During the
probationary period an employee may be terminated without cause or
right of appeal.
47. PROBATIONARy RELEASE: The demotion or severance of a probationary
employee's employment based on a failure of the employee to meet
performance standards during the probationary period.
48. PROBATIONARY STATUS: An individual in a regular classified position
who has been appointed or promoted from any eligible list, but who has
not yet completed the required probationary period.
49. PROMOTION: The movement of an employee from a position of one class
to a position of another class having a high maximum salary rate with
an increase in duties and responsibilities over the employee's present
class.
50. .PROMOTIONAL EXAMINATION: An examination for positions in a particular
class, admission to which is limited to probationary or regular
employees in the classified service and who meet the qualifications
set forth in the announcement of the examination.
51. PROVISIONAL APPOINTMENT: the appointment of a person possessing the
minimum qualifications last established for a particular class other
than eligibility by examination and who has been appointed to a
position in that class in the absence of available eligibles.
52. PROVISIONAL EMPLOYEE: An employee appointed to fill a full time
position vacancy for a maximum six (6) month period of time when no
valid employment eligible list exists.
53. RECLASSIFICATION The determination that a position be assigned to a
class different from one to which it was previously assigned, without
examination.
54. REDUCTION IN PAY: A salary decrease within the same range or from one
range to another range.
55. REDUCTION IN FORCE: Same as "Layoff".
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56. REEMPLOYMENT LIST: A list of former probationary or regular
classified employees of a particular class who were separated due to
reductions in force and who are entitled to have their names certified
for appointment to a vacant position in that class.
57. REGULAR EMPLOYEE: An employee having satisfactorily completed the
probationary period (including any extensions).
58. REGULAR FULL TIME POSITIONS: A classified position requiring a
minimum of forty (40) hours of work per week.
59. REGULAR STATUS: Appointment status change to regular employee after
satisfactory completion of the required probationary period in any one
particular class.
60. REINSTATEMENT: Reappointment without examination after a break in
service to a specified regular classified position.
61. RESIGNATION: Voluntary termination of employment by an employee.
62. SAFETY EMPLOYEE: Those employees of the City whose principal duties
consist of active protection, rescue, and rendition of aid or
assistance to persons injured or imperiled by those events which
constitute such critical response.
63. SELECTION PROCESS: The process of testing, evaluating or
investigating, and determining, the fitness and qualification of
applicants.
64. SENIORITY: Total amount of actual continuous service in the
classified service or a specific class, excluding approved leaves of
absence without pay in excess of thirty (30) days, but including
leaves of absence for service in the armed forces of the United
States.
65. SEPARATION: Leaving the classified service for any reason.
66. SERIES OP CLASSES: All classes in a particular field of employment
representing the various levels of difficulty and responsibility.
67. STATUS: Employment rights in a particular position, whether
probationary or regular.
68. SUSPENSION: The temporary removal of the employee from his/her
duties, with or without pay, for disciplinary or pre-disciplinary
investigation process.
69. TEMPORARY EMPLOYEE: An employee who serves in a position of a limited
duration and is not a regular employee.
70. TERMINATION: The separation from City service with the action
initiated by the employee voluntarily, or by the City within the
provisions of these Rules which state the causes and procedures for
such action.
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71. TRANSFER: The movement of an employee within a department or between
departments from one position to another position in the same class or
another class having the same maximum salary, involving the
performance of similar duties and requiring substantially the same
basic qualifications.
72. VACANCY: A duly created authorized position which is not occupied and
for which monies have been appropriated.
73. Y-RATING: An action to freeze an employee's salary at the current
salary until such time that the top step of the salary range for such
position exceeds the employee's salary at the time of the Y-rating
action.
SECTION 8 Positions and Employees Covered
These Rules and Regulations shall apply to all positions within the classified
service. Executive Management classifications serve in an at will status and
can be terminated without cause.
SECTION g Departmental Policies and Procedures
A department manager may issue such policies, manuals of policy, procedure or
operations as deemed necessary for the efficient and orderly administration of
the department and for maintaining the proper discipline, conduct and behavior
of employees. No such policies shall conflict with or supersede these Rules
and Regulations and shall be approved by the Personnel Officer prior to their
implementation. Copies shall be made available to each employee of the
department. Such department policies and procedures must be consistent with
and supplementary to these policies, Rules and Regulations.
SECTION 10 Availability of Rules and Regulations
Copies of these Rules and Regulations shall be made available to each
department, any recognized employee organization and any employee who so
requests. A copy-of these rules shall be given to each regular full time
employee and shall be signed for as having been received by the employee. The
signed acceptance form should be filed in Personnel. Department managers
shall make them accessible to employees. Copies shall be on file in the City
Clerk's office, in each department manager's office and in the City Nanager's
office. Where departmental rules and regulations are in force, copies of such
rules and regulations shall be made available to employees of that department.
SECTION 11 Administration of the Personnel Proqram
1. The City Council: The City Council shall be the legislative and
ultimate policy making authority for the City of Rancho Cucamonga in
matters pertaining to personnel administration.
2. The City Manager: The City Hanager, as Personnel Officer, as provided
by the Municipal Code shall be responsible to the City Council for the
administration of the personnel management program and shall assume
the authority and responsibilities delegated by the City Council, the
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Municipal code, and ordinances pertaining to these Rules and
Regulations. The City Manager, as Personnel Officer, may delegate
authority and responsibilities for personnel administration, and the
administration of these Rules and Regulations to an individual who
shall, in the City Manager's judgement, reflect good administration
and organization. Hereinafter, these Rules refer to the City Manager
as Personnel Officer or his/her designee as may be appropriate
pursuant to City policies and procedures.
SECTION 12 Savinqs Clause
If any provision or the application of any provision of these Rules and
Regulations, as implemented, should be rendered or declared invalid by any
final court action in a court of competent jurisdiction, or by reason of any
preemptive legislation, the remaining provisions of these Rules and
Regulations shall remain in full force and effect.
SECTION 13 Political Activity
1. No employee shall participate in political activities of any kind
while in uniform or on duty.
2. Employees shall not engage in political activity during working hours
or on City premises.
3. No employee shall, directly or indirectly, solicit political funds or
contributions, knowingly, from other City officers or employees or
from persons on City employment lists.
4. Nothing in this section prohibits an off-duty employee from:
a. Communicating through the mail or by other means requests for
political funds or contributions to a significant segment of the
public which may include city employees.
b. Soliciting or receiving political funds or contributions to
promote the passage or defeat of a ballot measure which would
affect the rate of pay, hours of work, retirement, merit system,
or other working conditions of state or city employees, provided
however, that such activities may not be conducted in City offices
during working hours.
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RULE II
POSITION CLASSIFICATION
SECTION I Purpose
The purpose of the Position Classification Plan is to provide a complete and
continuous inventory of all positions in the classified service of the City
and to provide accurate descriptions and specifications for each class of
position. The Position Classification Plan shall standardize titles, each of
which shall be indicative of a definite range of duties and responsibilities
and have the same meaning throughout the City service. The Position
Classification Plan shall be used as a management tool in preparing
recruitment announcements and in differentiating one class of position from
another class of position.
SECTION 2 Composition of the Position Classification Plan
The Position Classification Plan shall consist of:
1. A grouping of positions into the same class of positions which are
approximately of equal difficulty and responsibility, which require
the same general qualifications, and which can be equitably
compensated within the same range of pay under comparable working
conditions.
2. The identity of each class by a title which will be descriptive of the
work of the class.
3. A written class specification for each class which shall contain a
description of the nature of the work and of the responsibility of the
positions in the class; examples of work which are illustrative of
duties of positions allocated to the class; desirable requirements of
work in terms of knowledge, abilities and skills necessary for the
performance of the work; a statement of desirable training and
experience required for initial recruitment and testing for the class;
and in certain cases, necessary special qualifications.
SECTION 3 Preparation of the Position Classification Plan
The Personnel Officer shall study, or cause to be studied, the tasks and
responsibilities of all classified positions and shall prepare, or cause to be
prepared, a Position Classification Plan which shall group all positions in
the classified service into classes based on their duties, responsibilities
and work requirements. The Position Classification Plan shall set forth a
classification specification for each group of positions.
SECTION 4 Class Specifications
1. Source of Specifications: The Personnel Officer shall provide, or
cause to be provided, approve or cause to be approved, or amend as
necessary, written specifications for each class in the Position
Classification Plan. Compensation changes which may occur as a result
of classification reallocations must be approved by the Personnel
Officer and City Council.
2. Interpretation of Specifications: The definitions in class
specifications shall be descriptive and not restrictive. The
definitions will indicate the kinds of positions that are allocated to
the several classes and shall not limit or modify the power of any
supervisor to assign, direct and control the work of employees under
his/her supervision. The use of a particular expression or
illustration, as to duties, shall not be held to exclude others not
mentioned that are of similar kind or quality; nor shall any specific
omission necessarily mean that such factor is not included.
Particular phrases or examples shall not be isolated and treated as
the full definition of a class, or any single position in a class.
3. Use in Allocations: In determining the class to which any position
should be allocated, the specifications describing each class shall be
considered as a whole. Consideration shall be given to the general
duties, specific tasks, responsibilities, qualification requirements,
and relationships to other classes as a composite description of the
kind of employment which the class is intended to embrace.
4. Qualification Statements: Desirable personal qualifications commonly
required of an employee in any class, such as honesty, loyalty,
sobriety, industry, amenability to supervision and suggestions from
superiors for improvement of service, and willingness to cooperate
with associates, shall be implied as desirable qualifications required
for entrance to every class, even though such traits may not be
specifically mentioned in the specifications. The statements of
desirable qualifications listed in the specifications for any class
shall be considered when establishing minimum qualifications for job
recruiting announcements for a position in the class.
SECTION 5 Original Allocation of Positions
Every position in the classified service existing when the Position
Classification Plan takes effect, or later created, shall be classified by
allocation to its appropriate class. Such allocation shall be made or caused
to be made by the Personnel Officer. Whenever a position has been allocated
to its classification in this manner, the title of that classification shall
forthwith become the official title of such position which shall be used for
all official purposes. Working titles for individual positions within a class
may be approved for use by the Personnel Officer.
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SECTION 6 Continuinq Administration of the Position Classification Plan
The Personnel Officer shall be responsible for and have the authority to'
properly and continuously maintain the Position Classification Plan so that it
will reflect, on a current basis, duties being performed by each employee in
the classified service and the characteristics of the class to which each
position is allocated. The Personnel Officer shall make, or cause to be made,
necessary amendments to the Position Classification plan by the creation of
new classes, revision of existing classes and the abolition of classes no
longer required in the plan. It shall be the duty of the Personnel Officer to
prepare or cause to be prepared new written class specifications, and to
abolish and/or to modify existing specifications as required by employment
circumstances. Revision of classification specifications and reallocation of
positions to classes within the Position Classification Plan shall be made as
enumerated below:
1. The Personnel Officer first shall study, or cause to be studied, the
duties and responsibilities of each new position as it is created and,
on the basis of said study, place the position in the appropriate
class within the Position Classification Plan, or create a new or
different class constituting an addition to the plan.
2. Changes in duties and responsibilities of any position involving the
addition of new assignments, or the taki~ng away or modification of
existing assignments, shall be reported to the Personnel Officer as
required. If such changes are determined to be permanent, and to
constitute more than minor changes, and appear to justify reallocation
to a different class, the Personnel Officer shall place such position
in its appropriate classification.
3. When an employee is permanently transferred to a different position,
the Personnel Officer may investigate, or cause to be investigated,
the duties of the new positio~ to determine if the employee is still
properly classified. The position shall then be reallocated to a
different classification, if determined to be necessary.
/ 4. The Personnel Officer shall require a periodic review every five years
to the extent practicable of the Position Classification Plan,
including vocational or occupational groups as well as individual
positions and, upon the basis of said investigation, may combine,
abolish, or establish new classifications.
5. Any classified employee may proceed through appropriate supervisory
levels for a review of the specification and allocation of the
employee's position, setting forth the reasons a review is
justified. If deemed appropriate by the Personnel Officer and after
consultation with the affected employee and the employee's department
manager recommendation, then such a review will be conducted, and the
employee and department manager shall be notified of the final
determination.
6. The Personnel Officer shall be responsible for administering the
classification process in suqh a manner as to avoid abuses of the
employment selection procedures outlined in these Rules.
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SECTION 7 Effect of Reallocation of Positions
A regular employee who is occupying a position reallocated to a different
class shall continue in the position only if the employee is eligible for, and
is actually appointed to, the position of the new class in full accordance
with these Rules which govern promotion, transfer and demotion. Any regular
employee whose position is reallocated may compete in a test held to fill the
reallocated position, or, upon approval of the Personnel Officer, may attain
status in the reallocated position through successful completion of a
promotional examination.
When the incumbent in any position, through diligent application to work,
develops his/her position without evasion of these Rules by the assumption of
additional and progressively more difficult duties and responsibilities, to
the extent that it warrants a higher classification, the Personnel Officer
shall determine, or cause to be determined, whether the incumbent should be
given status in such higher classification through appropriate qualifying
examination. Should the Personnel Officer determine that the best intereats
of the City will be served by conducting a competitive promotional examination
for the position, then such competition shall be held. A probationary period
must be fulfilled under such appointment. Any action taken by the Personnel
Officer under this section shall be reviewed with the affected department
manager{s) prior to such action being taken.
SEC?ION B Position Control
The Personnel Officer shall have the authority to transfer authorized
positions, including the incumbent in the position, between departments,
divisions, and sections, provided that the total budgetary appropriation for
the position is not exceeded; the new salary is at the same or less than that
budgeted for the Position, and that the department manager whore operations
shall be affected by such transfers shall provide prior approval for the
transfers. In actions where prior approval by the City Council shall be
required for compliance with budgetary authorization, the Personnel Officer
shall recommend such actions to the City Council.
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RULE IZZ
RECRUZTMENT, SELECTZON AND PLACEMENT
It shall be City policy to recruit the best qualified persons available
regardless of race, age, marital status, sex, color, creed, physical
disability, national origin, religious or political affiliation, or the lack
thereof, personal sponsorship, or other extraneous considerations. A sincere
and planned effort shall be made to select and place each employee in the work
to which the employee is best suited and which will utilize the employee's
skills and abilities to the fullest. It also shall be the policy of the City
to take appropriate action to expand and strengthen efforts to promote full
equality of employment opportunity, and to increase the capacities and
capabilities of existing employees, so that their promotional and advancement
opportunities might be enhanced.
SECTION 1 Examinations
1. Selection by Examination: All appointments, including promotions, to
positions in the classified service shall be made according to merit
and fitness. Merit and fitness shall be ascertained insofar as
practicable by formally established selection procedures which shall
be under the immediate direction of the Personnel Officer. The
selection processes shall relate to those matters which will test
fairly the capacity and fitness of candidates to discharge efficiently
and effectively the duties of the positions for which the selection
processes are held.
2. Freedom from Bias: No action affecting the employment status of any
employee or applicant for a position in the City service, including
examination, appointment, promotion, demotion, suspension, or removal,
shall be taken or withheld by reason of sex, race, age, marital
status, physical disability,. political or religious opinions, or
affiliation with a lawfully recognized political party or
organization, or the lack thereof.
3. Character of Employment Selection Process
a. Competitive Selection Process: All selection processes for
classified positions shall be competitive, and shall include as
many objective testing measures as may be deemed appropriate for
the particular position. Competitive testing may include the
measurement of applicants against a fixed objective standard
and/or the measurement of the -relative qualifications and
experience of each applicant as compared to other applicants.
Competitive selection processes may consist of the measurement of
a variety of knowledge and skills through written and/or oral
tests, work history, present job performance and agility tests, or
any combination thereof. In addition, present and past work
experience, education, and training may be given appropriate
weight. Such weights shall be designed to qualify an applicant in
terms of the relative fitness to perform the duties of the
position for which the competition was ordered.
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Competitive selection processes shall be open or promotional. The
Personnel Officer shall determine whether the competitive
selection process will be open or promotional. Appointing
authorities shall be conferred with regarding selection processes.
b. Open Selection Process: An open selection process shall be held
for all position vacancies in each class and class series; except
that a promotional selection process may be utilized when, in the
opinion of the Personnel Officer after review with the department
manager, such process is in the best interest of the City.
c. Promotional Selection Process: When appropriate, vacancies within
the classified service may be filled by promotion of regular
employees. Such promotion shall be based on competitive selection
processes, a performance evaluation, merit, character, seniority
in service, and such other tests and measures of fitness as may be
determined by the Personnel Officer.
d. Open Continuous Selection Process: When necessary to meet
continued requirements for filling positions due to non-
availability of a sufficient number of applications for a class or
position, or a high turnover rate has been established, the
closing date for any selection process may be indefinite and
applicants may be tested continuously in such manner and at such
times and places as may be provided by the Personnel Officer.
Applicants who fail to achieve a passing score in such an open
continuous examination may not compete again until the lapse of
ninety {gO) days between the first and second testing and one
hundred and twenty {120} days between the second and third such
testing, unless stipulated to the contrary on the job
announcement. The Personnel Officer, at his/her discretion, may
exclude such applicants from further testing.
4. Reclassification
If the scope or type of duties which a regularly classified employee
is performing is classified higher for the position involved, then the
Personnel Officer may approve the employee's classification assignment
without examination; provided, however, that all the following
conditions are met:
a. The employee has been performing such higher duties for a period
of not less than six (6) months prior to the date the position was
reviewed.
b. The higher duties have been assigned to the employee as part of a
natural growth of the position within the department involved and
that there appeared to be no evasion of the Merit System Rules
relating to promotions.
c. The employee so promoted serves as a probationary employee in the
higher position for a probationary period of six months.
g3-4 -15-
d. Said employee shall receive the salary assigned to the higher
position as assigned to it in the salary resolution from and after
the date of the probationary appointment in the higher position,
in accordance with Rule IV, Section 10.
5. Medical Examination: Applicants or eligibles must possess physical
abilities suited to the requirements of the positions for which there
is possibility of appointment. Such physical fitness shall be
attested to by the City Medical Examiner based upon a medical
examination.
6. Method of Selection: All selection processes shall be impartial, and
shall relate to matters which fairly test the relative capacities of
the persons examined to discharge the duties of the positions for
which the selection process has been involved. No question in any
selection process shall relate to political or religious opinions or
affiliations. Selection processes may be assembled or unassembled and
may consist of one or mere of the following parts, together with any
other appropriate measure of fitness:
a. Written tests;
b. Oral tests of knowledge or ability;
c. Performance tests, including physical tests of strength, stamina,
or dexterity;
d. Interviews covering general qualifications, education, training,
or experience;
e. Evaluation of education, training, work performance and
experience, potential ability, or other qualification indicated by
the application, or by other information submitted;
f. Questionnaires submitted to personal references; and
g. Any other measure of fitness as deemed appropriate by the
Personnel Officer.
7. Content of Recruitment Announcements: Recruitment announcements shall
specify, among other things determined by the Personnel Officer to be
pertinent, the title and salary range of the class for which the
selection process is announced; the nature of the work to be
performed; the training and experience required; the time, place, and
manner of making the application; and necessary special qualifications
established for admission to the selection process; and any other
pertinent information consistent with these Rules. All competitive
examinations shall consist 6f one or more parts carrying a specific or
numerical percentage weight as announced at the time of the
examination.
8. Distribution of Announcements: Public notice of open or promotion
selection process shall be given in advance of the last date for
filing applications. Recruitment announcements shall be posted in
conspicuous places in the City buildings. Announcements of all open
selection processes shall be given such other publicity as the
Personnel Officer may deem warranted in the interest of attracting
adequate numbers of qualified applicants.
In the case of promotional selection processes, announcements shall be
supplied to each City department. It shall be the responsibility of
the department managers to post such announcements in a common area
for review by all employees in the department who might be interested.
g. Postponement or Cancellation of Selection Processes: Notice of
postponement or cancellation of a selection process shall be given a
circulation .similar in scope to the announcement and, insofar as
possible, each applicant should be informed.
10. Administration: Selection processes shall be prepared or caused to be
prepared and administered by the Personnel Officer.
Section 2 Applicants and Applications
1. Applications: All applications and employment interest cards must be
submitted on a form provided for that purpose by the City and, once
submitted, shall become an official record of the City and shall not
be returned. Application forms and interest cards shall be available
to all interested persons upon request in person, in writing, or by
phone if appropriate.
No person shall be considered for a selection process until after
having filed an official employment application on or before the
filing deadline stated in the Job announcement, unless the Personnel
Officer shall permit a letter, resume or other indication of interest
to be accepted, pending receipt of a properly completed application.
Whenever an application is rejected, notice of such rejection, shall
be given the applicant.
The time for filing applications may be extended or reopened as needed
by the Personnel Officer.
2. qualifications of Applicants: To qualify for competition in a
selection process, an applicant must meet the qualifications as stated
on the appropriate recruitment announcement, which announcement and
qualifications may include:
a. United States work authorization where required by law;
b. Minimum educational and experience requirements;
c. A specified or limited number of applicants to be accepted due to
diversity and intensity of background required.
-17-
3. Admission to Selection Process: Persons who submit applications on or
before the last date for filing and whose applications clearly show
that the applicant meets the requirements for admission to the
selection process as specified in the official announcement'shall be
permitted to compete in the process for which they are applying, and
whose qualifications most closely meet the needs of the City.
Where doubt exists as to whether an applicant meets requirements for
said admission, the Personnel Officer may authorize conditional
admission, but such action shall not be construed as entitling the
applicant to become eligible for certification or appointment until
the circumstances leading to the conditional acceptance are clarified
to the satisfaction of the Personnel Officer.
Each applicant whose application has been accepted for any selection
process shall be notified of the date, time and place of the specific
selection process. No person shall be permitted to compete in any
part of the selection process without an authorization or other
satisfactory evidence of acceptance or conditional acceptance of his
application.
4. Disqualification of Applicants: The Personnel Officer may reject the
application of any person for admission to a selection process, or
decline to examine any applicant, or may withhold a person from the
eligible list for certification for any of the following reasons:
a. Failure to possess the necessary requirements stated in the
recruitment announcement or bulletin;
b. Failure to pass satisfactorily any medical exam+nation which may
be required;
c. Failure to meet the special requirements or stipulations set out
in the recruitment announcement as being conditions of employment;
d. Conviction of a felony or a misdemeanor involving moral turpitude
or crimes which such convictions are materially related to the
duties and responsibilities of the position applied for;
e. Conviction of any section of the California Vehicle Code which
would raise serious questions or problems concerning the
applicant's ability to perform the assigned job, or subject the
City to an undue risk of possible liability;
f. Request by applicant to have the application withdrawn from
consideration;
g. A demonstrated propensity to disorderly conduct, to the use of
intoxicating liquors, or to the use of narcotics or ham~aful or
habit-forming drugs;
h. Discharge or forced resignations from public or private employment
for cause, including inefficiency, delinquency or misconduct;
i. Discharge from the armed forces of the United States under
conditions other than honorable;
j. Making false or misleading statement in, or deleting any material
fact in the application or any resume or attachment thereto;
k. Refusal or failure to execute an oath as may be prescribed by law;
1. Failure to be present, upon appropriate notification, for
fingerprinting, psychological, psychiatric or medical testing or
assessment as required;
m. Unsuitability of an employee's work record as indicated upon a
review of qualifications and work records for promotional
selection processes.
SECTION 3 Scorinq and Report of Examination:
1. Rating of Examination as a Whole: Valid and proven measurement
techniques and procedures shall be used in rating the results of
selection processes and in determining relative standings of
competitors. In all selection processes the minimum rating by which
eligibility may be achieved may be set by the Personnel Officer. The
final grade for the selection process will be based on all factors
within the selection process, including educational requirements,
experience and other pertinent information. A range of numerical
ratings shall be established by the Personnel Officer so that
candidates shall be determined on the basis of such ratings, to be
"Not Acceptable," "Acceptable," "Good," and "Excellent." The final
rating of each competitor shall be determined by averaging the earned
numerical ratings on each part of the selection process in accordance
with the weight established for each part stated in the recruitment
announcement. All competitors may be required to obtain at least a
minimum rating in any part of the selection process for eligibility to
participate in the remaining parts of the selection process.
2. Ratings of Experience and Training: When a rating of training,
experience or performance appraisal form are part of the selection
process, the Personnel Officer shall require procedures to be
developed for the evaluation of these factors as will serve to assist
in the selection of the best qualified candidates.
3. Notification of Selection Process Results: Each person competing in
an employment selection process shall be given notice of the final
rating and relative standing on the eligible list or of failure to
obtain a place on the list, within a period of time specified by the
Personnel Officer, but not less than five {S} days following the
postmarked date of such notice. Any competitor may inspect his or her
test papers and have ratings reviewed and corrected if any error in
scoring or test construction has been made. Such corrections so made
will be evaluated by the Personnel Officer and appropriate action
taken. Such inspection shall be provided upon appointment during the
regular business hours in the Personnel Office. All formal grading
93-4 -19-
parts of the selection process shall be made available to the
candidate upon request, unless the review of such testing materials is
expressly prohibited by the contracting or consulting agency. The
actual rating sheets of individual raters will not be shown but an
accurate composite description of the individual rating sheets shall
be provided if requested.
4. Life of Examination Papers: Examination papers of any selection
process shall be preserved for a period of seven (7) years from the
date of the creation of the eligible list and may be destroyed
thereafter.
5. Written Test Review bY Candidates:
a. Inspection keys will not be provided for form, standardized,
copyrighted, essay, or any other test not subject to scoring by an
absolute standard.
b. For a period of five {5) working days immediately following the
date of notification of results of the written examination,
candidates may inspect a keyed copy of the examination and submit'
written protests to the Personnel Officer on any items or parts of
the examination.
c. Key inspection shall be at such time and place and under such
conditions as the Personnel Officer may require. Candidates will
not be permitted to copy examination items except to take notes on
those items under question.
d. Within ten {10) working days of the examination date, a candidate
may submit a written protest or objection to any items in the
examination. Protests must cite authorities or references in
support of the candidate's challenge to a test item. Protests
based on personal opinion without cited authority will not be
considered.
e. Upon receipt of a protest, the Personnel Officer shall review the
basis for the protest, consult with subject authorities as
appropriate, and make a determination as to whether the item{s)
shall stand as keyed or be eliminated from the test. If an item
is eliminated, the test will be rescored. Candidates shall be
notified of the Personnel Officer's decision.
f. The final scoring of written tests, pending disposition of
protests, shall not preclude completion of the examination
process, employment list certification, and appointment from the
list provided, however, that regular appointment will not be made
from the list until all protests are resolved.
6. Notice of Examination Results: Each candidate in an examination shall
be advised of the results of the examination and, if successful, the
qualifying group within which the applicant has been placed.
93-4 -20-
SECTION 4 Eligible Lists
1. Preparation of eligible List: An eligible list shall be prepared
indicating the scores of the various candidates.
2. Priority of Eligible L~sts: Eligible lists in the order of their
priority shall be: {1) re-employment lists, (2) promotional selection
process lists, and (3) open competitive selection process lists.
3. Re-Employment Lists: Regular employees with a satisfactory employment
record who are separated from the city service through reduction in
force by layoff due to lack of work or funds shall be placed on an
appropriate re-employment list for their regular classified position
according to the date separated. Re-employment shall be based upon
the last employee laid off is the first employee on the list with
other employees being eligible in sequential order of layoff
thereafter. The eligibility of all candidates on re-employment lists
shall expire six (6) months from the date of their separation from the
City service. The Personnel Officer may extend the period of
eligibility for one 6-month period, if such extension is deemed to be
in the best interest of the City. Employees on a re-employment list
may be offered employment in a lower class if no re-employment list
exists for the class in which they were last employed. Refusal to
accept a position in a lower class does not affect their standing on
the re-employment list.
4. Order of Names of Eligible Lists: The eligible list shall be
organized based on banding from all tests administered during the
testing process. The A group shall be listed first and then all
others in descending order.
5. Amendment of Lists: New names may be added to an eligible list from
time to time upon the obtaining of additional qualified candidates
pursuant to the selection process.
6. Duration of Eligible Lists: The life of each list shall be for six
{6) months from the date of its establishment; however, such list may
be extended for a maximum of six {6) months by the Personnel
Officer. During the duration of an eligible list, an eligible may
request placement in an inactive status and not be certified until
notification is provided to the Personnel Officer in writing of the
eligible's desire to be reactivated. Upon review of the list the
Personnel Officer may authorize abolition of the list and
reinstitution of testing.
7. Removal of Names for E'ligible List: The Personnel Officer may remove
or withhold from certification the name of an eligible on an eligible
list for any of the following reasons:
a. Appointment from such list to fill a vacancy in a regular position
in the class.
b. Appointment from an eligible list from another class, the minimum
salary of which is equal to or higher than the minimum salary for
the class of the eligible list from which removed.
93-4 -21-
c. Upon request of the eligible.
d. The refusal of an appointment.
e. Failure to respond within ten {10} days of the postmarked date to
any written inquiry relative to availability for appointment.
f. Consideration for original appointment from one {1} eligible list
on two (2} occasions and having not been appointed.
g. Unexcused failure to report for duty within the time prescribed by
the appointing authority.
h. Expiration of the term of eligibility on the list.
i. Failure of eligible, other than present employees, to maintain a
record of current address in the Personnel Office. For this
purpose the return of a letter by the postal authorities if
properly addressed to the last address on record shall be deemed
sufficient grounds for such action.
j. In the case of promotional lists, upon termination of employment
with the City.
k. Any false statement on any application or resume.
1. Any cause for which an application for examination would be
disqualified.
m. Upon interview by the appointing authority and determination of
unsuitability by the appointing authority.
Whenever the name of an eligible on a list is removed or withheld from
certification, the person whose name is removed shall be informed in
writing of the action and the reasons therefore, forwarded to the last
address on record.
B. Comparable Lists: If a vacancy exists in a class for which there is
no existing eligible list, an appropriate eligible list may be
prepared for the class from one or more existing related eligible
lists. For this purpose the eligible list shall be selected from the
classes for which the selection process and qualifications are
comparable to or higher than those required for the class for which
the vacancy exists.
SECTION 5 Medical Assessment:
l. Purpose: The medical assessment is part of all selection processes.
The purpose of said medical assessment is to obtain or retain
employees free from any physical, psychiatric or neurological defect
or pathological condition which would limit or interfere with the
proper, full and efficient performance of their duties. Such medical
assessments shall be conducted by a duly licensed physician designated
g3-4 -22-
by the Personnel Officer. The physician's opinion of fitness and
recommendations shall be made in writing to the Personnel Officer for
determining a candidate's continued eligibility in the selection'
process.
2. Disqualification: When disqualified as a result of a medical
assessment, the candidate shall be immediately so notified in writing
stating the reasons for medical disqualification.
3. Review of Medical Assessment: When disqualified because of failure to
meet the medical, psychological or physical standards, the applicant
may appeal to the Personnel Officer in writing within a period of time
specified by the Personnel Officer, but not less than five {5) days
after the postmarked date of the notification of the disqualification.
The applicant must file with the appeal such written medical or
laboratory reports, x-rays, photographs, or other exhibited or written
statements which support the appeal. The Personnel Officer shall
refer such appeal to a duly licensed physician of the City's choice
for review. If, upon review, the physician deems that a re-assessment
is warranted, an assessment will be conducted. If the re-assessment
results indicate that the applicant is disqualified, no further appeal
can be made and the applicant must pay for the assessment. If
qualified, the applicant's name shall be restored to its proper place
on the eligible list as if the previous negative report had never been
issued and the City will pay for the assessment.
4. Appointment Contingent Upon Successful Medical Treatment: Candidates
shall not be appointed to probationary status subject to the
performance of surgical operations, corrective therapy or other
medical or psychiatric care for the removal or cure of defects or
neuroses. Any such operation, therapy or other medical or psychiatric
care, designed to qualify a candidate for employment, shall be at the
expense of the candidate and shall not be borne by the City.
SECTION 6 Certification of Eliqibles
1. Vacancies: All vacant regular positions in the classified service
shall be filled by re-employment, reinstatement, promotion,
probational appointment from open competitive lists or transfer. When
such a vacancy in the classified service is to be filled, the
department manager shall submit an appropriate written request, under
procedures established by the Personnel Officer.
2. Certification of Eligibles:
a. Number of Eligibles Certified: Upon receipt of a request for a
list of eligibles, the Personnel Officer shall certify in writing
the names of eligibles on the appropriate eligible list and
willing to accept the position for which certification is
requested.
b. Fewer Then Three Names: Whenever an eligible list contains {3)
three names or fewer, the department manager may request that a
new eligible list be prepared.
93-4 -23-
The appointing authority may select any eligible on an employment
list. Whenever there are three or less names on a promotional or
open competitive list, the appointing authority may make an
appointment from such eligibles or request establishment of a new
list. Upon making the selection, the appointing authority shall
immediately notify the Personnel Officer.
3. Appointment:
a. Appointment Offer: The Personnel Officer may approve an offer of
employment to the successful candidate after the candidate
successfully completes the medical assessment and background check
as provided by these Rules.
b. Background Check: The candidate shall be photographed and
fingerprinted and appropriate background verification made to
assure the accuracy of all application, resume and supporting
documentation submitted by the appointee, prior to the employment
offer.
c. Probational: Probational appointment shall be made when filling
full time positions.
SECTION 7 Probationary Period
1. Purpose: The probationary period shall be an integral part of the
examination process and shall be utilized as an opportunity to observe
the employee's work, to provide special training, to assist the
employee in adjusting to the new position, and to reject any employee
whose work performance, adaption or personal conduct fails to meet
required standards. A probationary employee shall have no right of
tenure and may be terminated without cause at any time during the
probationary period.
2. Duration: All initial appointments to regular full time positions in
the classified service shall be subject to a one (1) year probationary
period. All employees shall receive an interim performance report
after completion of six {6) months of the probationary period. If an
employee receives a salary increase after completion of 6 months
during the probationary period, the salary increase is not an
indication that the employee will satisfactorily complete the
probationary period. Satisfactory completion of probation is based on
total performance during the entire probationary period.
3. Extension of Probationary Period: An employee's probationary period
may be extended by the department manager upon approval by the
Personnel Officer in such cases where such action is in the best
interest of the City and the employee. Extensions may be granted up
to six {6} months. Any interruption of service longer than thirty
(30) days during an employee's probationary period shall not be
counted as part of such probationary period. Upon such extension the
employee shall be notified in writing.
93-4 -24-
4. Probationary Service Ratinq: During the probationary period, and in
such manner as the Personnel Officer may prescribe, the department
manager shall report in writing an appraisal of the employee's work'
performance and conduct. The employee shall be currently advised, by
the appropriate superior, of such written work performance and conduct
appraisal.
5. Promotional Probationary Period: When a regular employee is promoted,
a 6 month promotional probationary period shall begin on the effective
date of the promotion. During the probationary period of a promoted
employee, the department manager may recommend that the employee be
demoted to the former position, range and salary. Such recommendation
shall be made in writing. The Personnel Officer shall approve or
disapprove such demotion action, in writing. Promotional probationary
employees shall have no tenured rights to appeal such actions.
Dismissal during the promotional probationary period may be made for
CaUSe.
6. Probationary Period After Demotion: If an employee had not attained
regular status in the class to which demoted, the employee shall then
be required to complete the normal probationary period, less any
service previously accrued in such lower class.
7. Action at End of Probationary Period: The Personnel Officer shall
notify the department supervisor in writing at least two (2) payroll
periods prior to the end of an employee's probationary period and the
department manager must then take one of the following actions:
a. Affirm in writing that the services and conduct of the employee
have been found to be satisfactory and recommend that the employee
be given regular status, through completion of a performance
evaluation.
b. Terminate the services of the employee.
c. Recommend demotion and/or transfer of a promoted employee.
Demotions shall be made to the employee's former class and pay
step.
d. Recommend an extension of the employee's probationary period, as
provided herein.
e. Failure of the department manager to complete any step (a-d)
results in automatic termination of the employee effective the day
immediately preceding the employee's anniversary date.
SECTION 8 Non-Classified Appointments
1. Provisional Appointments: Provisional appointments may be made
without recourse to the formal selection process and eligible
certification provisions. No person may be employed provisionally in
a regular or recurrent position except as provided below:
93-4 -25-
b. For the duration of any war or national emergency.
c. When it is impractical or has not been possible to recruit an
appointee meeting the standards for regular or recurrent
employment.
d. When the budget appropriation allows for only Provisional
employment.
e. When it is anticipated that the work of the position will soon
cease or that the position soon will be abolished.
f. Lack of an eligible list or where those on the list are not
available.
g. When a state of disaster is declared or such conditions exist
which seriously endanger the health, welfare and safety of the
con~unity.
h. When extensive illness, and injury or absence of employee create
hardship on a department and create a need to temporarily replace
the employee.
i. Such other similar circumstances as approved by the Personnel
Officer.
2. ~ration of Provisional Appointment: A provisional appointment shall
not exceed six (6) months duration in one {1) fiscal year, other than
as provided for in Subsection 1.b of Section 9 above.
3. Termination of Provisional Appointment: A provisional appointment may
be terminated at the City's discretion without cause and no appeal may
be made from such action.
4. Seasonal Appointments: Appointments to seasonal positions may be
authorized with or without recourse to the formal examination and
eligible certification provisions, at the option of the Personnel
Officer. Seasonal employees shall not obtain regular status.
5. Temporary and Part Time Appointments: Appointments to temporary and
part time positions may be made subject to an approved budget
therefore an appointment may be made with or without regard to the
formal selection process and the eligible certification provisions of
these Rules.
6. Emergency Appointments: In an emergency, to prevent undue delay or
serious interference with the provision of necessary public services,
an emergency appointment may be made for a period not to exceed sixty
(60) calendar days. Successive emergency appointments involving the
same employee shall not be made. Emergency appointments may be made
without regard to the formal examination and eligible certification
provisions of these Rules.
SECTION 9 Executive Appointments
Appointment to executive positions reporting directly to the City Manager may
be made without regard to the formal selection and eligible list process.
Refer to executive management definition.
SECTION 10 Transfers or Reassiqnments
1. Transfers: Whenever it is found necessary to transfer or teassign an
employee from a position in one class to a position in another class,
such transfer or reassignment may be made provided both classes are o f
the same rank, there is no increase or decrease in compensation, and
the employee has demonstrated that he/she possesses the skills and
aptitudes required in the position to which he/she is to be
reassigned. Such transfer or reassignment may be made only when
recommended by both department manager's involved, if more than one is
involved, and approved by the Personnel Officer.
2. EmploXee Request: Any employee may request in writing, transfer or
reass~gqment from a position in one class to a position in another
class, ~n the same or lower rank, as provided herein, subject to the
approval of the Personnel Officer and department manager of the
department to which the employee desires to be transferred.
3. When Refused or Revoked: The Personnel Officer, after consultation
with each of the respective department mana ers involved, may decline
to authorize the transfer or reassignment o) an employee or may order
the reassignment of an employee changed.
4. Related Job Assignments: Initial appointment for a specific
assignment does no{ relieve the employee of the obli ation to serve in
any other desi nated assignment. Consideration sha~ always be given
tO the particular interest and abilities of each employee, as much as
possible.
SECTION 11 Reinstatements
1. An employee who has resigned may at the discretion of the Department
Manager be eligible for reinstatement to a former position and status
or a position of the same class in another department without re-
examination, provided all the following circumstances have been met:
a. There is a vacancy in the class or position for which the employee
seeks reinstatement.
b. Not more than twelve (12) months has ela sed between the time the
former employee's resignation became effective and the effective
date of reinstatement.
c. That the former employee meets the medical requirements of the
position by taking such medical assessment by a City designated
physician as will be required by the City.
d. That work performance and conduct appraisals at the time of
separation were satisfactory.
93-4 -27-
e. That the Personnel Officer approves of any reinstatement request
prior to any appointment.
f. ?hat nothin9 has occurred during the break in employment that will
reflect adversely on the City government or impair the
individual's ability to perform his/her duties effectively.
2. The provisions in Subsection 1, a through f above shall not be
construed to require the City to approve reinstatement requests.
3. A reinstated employee shall accrue benefits as if the employee had not
resigned, excluding the time in service period lost due to the
employee's resignation.
4. A reinstated employee shall be required to complete a probationary
period of one (1) year.
SECTION 12 Nepotism
It is the policy of the City Council of the City of Rancho Cucamonga to
restrict the hiring and/or employment of relatives of City employees based on
the following criteria:
1. For the purposes of this policy the following definitions shall apply:
a. A "relative" is defined as a spouse, child, step-child, parent,
step-parent, parent-in-law, legal guardian, brother, sister,
brother-in-law, sister-in-law, step-sister, step-brother, aunt,
uncle, niece, nephew, grandchild, grandparent, regardless of their
place of residence, or any other individual related by blood or
marriage living within the same household as the City employee.
b. An "employee" is defined as any person who receives a City payroll
check for services, full or part-time· rendered to the City of
Rancho Cucamonga.
2. The employment of relatives of City employees within the City of
Rancho Cucamonga is limited in the following situations:
a. Any relative of a Council Member or the City Manager shall not be
considered for employment within the City of Rancho Cucamonga in
any capacity, either full time or part-time.
b. Any relative of a City-appointed Commissioner, Board or Committee
Member, or Department Manager may not be considered for employment
within the department or area of res onsibility of such City-
appointed Conmnissioner Board or Commi~{ee Member, or D r
· epa tment
Manager.
c. The employment of relatives of all other City employees is
prohibited within the department of the existing employee when
such related employees may: perform joint duties; share
responsibility or authority; report to the same immediate
supervisor; or be supervised by, or would supervise a relative.
93-4 -28-
d. Relatives of City employees, except for relatives of Council
Members, the City Manager, City-appointed Commissioners, Board or
Con~nittee Members, or Department Managers, may be hired for
temporary assignments as long as the temporary assignment does not
otherwise conflict with this section.'
3. City employees who are related as described above in subsection {2} as
of the effective date of this Resolution shall not be affected in
their current job status except when the City Manager determines that
the circumstances of such employment raises an undue hardship upon the
other employees within the particular work unit and that such
employment is detrimental to the supervision, safety, security or
morale of the particular work unit.
4. If two (2) existing City employees become married and their employment
conflicts with the policy stated in subparagraph (2), above, they may
continue employment provided that such employment does not directly or
indirectly place an undue hardship upon other employees within the
particular work unit of the married couple and such employment is not
detrimental to the supervision, safety, security or morale of the
particular work unit. The City Manager shall determine whether or not
such detriment or undue hardship exists.
5. In no case may an employee participate directly or indirectly in the
recruitment or selection process for a position for which an
employee's relative may have filed an official employment application.
6. The City Manager is authorized to issue written guidelines to
implenent and enforce this policy. All determinations made by the
City Manager shall be final and conclusive. In all situations where
the City Manager determines a conflict exists between present or
future related employees, the City Manager shall attempt to resolve
such conflict in the following manner:
a. Attempt to redefine the Job responsibilities of the related
employees within the department to minimize the conflict.
b. If such redefinition of Job status is not feasible, attempt to
transfer one of the employees to a similar position (without
guarantee of identical salary) that would not be in violation of
this policy.
c. If transfer is not feasible or acceptable, request the voluntary
resignation of one of the employees.
d. If one of the employees does not voluntarily resign, the employee
with the least cumulative City service .in the City of Rancho
Cucamonga may be discharged by the City Manager.
-2g-
RULE IV
COMPENSATION
SECTION 1 Preparation
A uniform and equitable "Merit {Incentive} Salary Plan" consisting of a range
of hourly salary rates or a flat hourly rate shall be developed and maintained
for each class of positions. Salary ranges and compensation policies shall be
related directly to the position classification plan and shall be determined
with due regard to ranges of pay for other public and if necessary private
organizations, recruiting experience, working conditions, maintenance or other
fringe benefits received by employees, the financial posture of the City, and
other economic considerations.
Compensation policies shall be developed and maintained in accordance with
applicable State and Federal laws.
SECTION 2 Merit IIncentive} Salary and Compensation Plan
The Personnel Officer shall prepare or cause to have prepared a Merit Salary
Compensation Plan to be approved by the City Council. Once adopted by the
City Council, the Personnel Officer shall administer and maintain such plan
and shall request appropriate revisions to the plan as often as necessary to
assure that the plan provides uniform and equitable compensation rates and
policies.
SECTION 3 Wage Rates
As approved by City Council Resolution.
SECTION 4 Salary on Appointment
A newly hired employee shall be compensated the base or minimum rate of the
salary range to which the employee's class is allocated. If exceptional
recruitment difficulties are encountered, or exceptional qualifications of a
candidate for employment indicate that a higher hiring rate would be in the
City's best interests, appointment at a higher rate in the salary range may be
authorized by the Personnel Officer.
SECTION 5 Merit CIncentive) Salary Advancement~
Salary ranges are intended to furnish administrative flexibility in
recognizing individual differences among positions allocated to the same
class, providing employee incentive, rewarding employees for meritorious
service, and in meeting emergency conditions requiring pay adjustments.
Salary advancements within an established range shall not be automatic, but
shall be based upon satisfactory job performance as determined, and supported
in writing, by the employee's supervisor, the recommendation of the department
manager and approval of the City Manager. The merit salary advancement
recommendations of department managers for subordinate employees under their
supervision shall be implemented unless modified by the City Manager.
93-4 -30-
Merit {Incentive} salary advancements shall occur in accordance with the
following procedures:
1. Employees are eligible to be considered for an adjustment at the
completion of six {6} consecutive months. Subsequent consideration
for adjustment shall be on a twelve {12} consecutive month basis.
2. A performance evaluation must be completed prior to the provision of a
merit increase.
SECTION 6 Salary on Suspension
Any employee who has been suspended shall not receive pay for the duration of
the suspension; nor shall any benefits which are calculated upon hours worked
be credited to the employee, including, but not limited to, sick leave,
vacation, retirement, or deferred compensation. Should such suspension be
later modified or revoked, the employee shall be entitled to receive payment
to compensate for loss of income and benefits during the period of suspension
to the extent provided by the Personnel Rules. Suspensions in excess of ten
{10} working days will cause the employee's anniversary date to be adjusted
accordingly unless modified or revoked.
SECTION 7 Salary on Demotion
1. Involuntary Demotion: An employee who is involuntarily demoted shall
receive a five percent {5%) salary reduction or shall be placed at the
maximum rate in the salary range for the class to which demoted,
whichever is lower. The employee shall be assigned a new merit review
date based upon the effective date of the demotion.
2. Voluntary Demotion: An employee who is demoted upon personal request
shall:
a. Receive a salary reduction to the nearest lower monthly salary in
the salary range for the class to which demoted if the maximum
salary for the class to which demoted is less than the employee's
current salary rate; or
b. Continue to earn the current rate of pay if the current rate is
the same or less than the maximum rate of the class to which
demoted.
Re employee shall retain the merit review date applicable to the
higher position.
SECTION 8 Salary on Position Reclassification
When a regular or probationary employee's position is reclassified and the
emplo ee is appointed to the new position, the salary rate shall be determined
as follows:
1. If the position is reclassified to class with a higher salary range
than the previous class, the salary and merit review date shall be set
in the same manner as if the employee has been promoted.
93-4 -31-
2. If the salary of the employee is the same or less than the maximum of
the new class, the salary and merit increase eligibility date of the
employee shall not change.
3. If the salary of the employee is greater than the maximum of the range
of the new class, the salary of the employee shall be designated as a
Y-rate and shall not change during continuous regular service until
the maximum of the class range exceeds the salary of the employee.
SECTION g Salary Adjustment Effective Date
Salary advancements specified above shall be given at the beginning of the
payroll period immediately following the employee's merit review date.
SECTION 10 Travel and Other Official Expenses
Prescribed rates of pay do not include allowances for official travel or other
expenses incurred on City business, or allowances made to employees for the
official use of personally owned vehicle. Employees shall be reimbursed for
such expenses as approved by the City Manager in such amounts as designated by
City Council policy regarding reimbursement of such expenses.
SECTION 11 Total Remuneration
Any pay rate established for an employee shall be the total remuneration, not
including reimbursement for official expenses, or approved allowances in lieu
of expenses or approved stipends for performance of additional
responsibilities. Except as otherwise provided herein, no employee shall
receive pay f~'om the City in addition to that authorized under the schedules
provided in the pay plan for services rendered either in the discharge of
ordinary duties, or any additional duties which may be periodically required
or which the employee may undertake or volunteer to perform except as
otherwise expressly authorized by the Municipal Code, resolution, or by City
Ordinance.
93-4 -32-
RULE V
HOURS OF WORK AND WORKING SCHEDULES
SECTION I All Employees
The work schedule for all employees of the City shall, in each instance,
contemplate schedules involving service not to exceed forty (40} hours per
week for each officer or employee. Employees may not work in a.manner to
exceed 40 hours per week without prior authorization to do so from their
immediate supervisor.
SECTION 2 Working Schedule Assignments
Department managers shall designate working schedules for the employees of
their appropriate departments to carry out the work herein provided. The
department manager may alter the schedule from time to time when the needs of
the department may require. The department manager shall report in writing to
the City Manager any work schedules put into effect and any changes made
thereto; such changes must be in keeping with the intent of any employer-
employee agreement which has been approved by the City Council.
SECTION 3 Executive, Management and Professional Employees
The provisions of this Rule with reference to working schedules shall not
apply to the City Manager, Executive Management, and all other employees which
may from time to time be included in the Professional/Supervisory or
Management Pay Plan due to the particular nature of their respective offices
and employments, which require varying schedules in the performance of their
respective services and duties, and to which such respective executive and
management personnel adapt themselves and their services as conditions arise.
SECTION 4 Emergency Recall Procedures
All employees of the City of Rancho Cucamonga are registered disaster workers
and as such have a responsibility beyond normal duty hours. If a major
emergency or disaster should occur in Rancho Cucamonga every employee may be
needed to assist in resolving the problem. Employees may be required to
assess the seriousness of situations based on radio, television, or other
means. If a disaster appears to have had severe impact, all employees should
attempt to contact and/or return to their work stations or the designated
location as outlined ~in your department recall procedure.
93-4 -33-
RULE VI
LEAVE
SECTION 1 General
1. All leave shall begin to accumulate ~rom the date of the ~ployee's
initial appointment to a full time, regularly budgeted probationary
position. No payment for any leave of absence shall be made until the
leave has been properly approved.
2. In no instance shall leave time properly earned prior to the adoption
of these Rules and Regulations be reduced by the adoption of these
Rules and Regulations.
3. A leave of'absence without pay for 30 days or more will cause the
employee's anniversary date, performance appraisal date and leave
accurals to be altered by the numbers of days the employee is on leave
without pay.
SECTION 2 Vacation Leave
1. Vacation: It is the philosophy of the City to grant vacation leave
within the established policies. The vacation accumulation schedule
and rules regarding usage are contained in the Compensation
Resolution.
SECTION 3 Leave of Absence With Pay
1. Jury Duty: Any regular or probationary full time employee who is
required to serve as a juror, or subpoenaed as a witness in any court
of this state, relating to City matters, of the United States, or any
administrative board or tribunal, shall be entitled to a leave of
absence with pay while performing services as a juror or as a witness;
provided that any such employee shall be required to pay over to the
City any amount received for jury or witness fees, exclusive of travel
and subsistence allowances.
2. Maternity Leave: In the event that an employee becomes pregnant or
adopts a child, a maternity leave utilizing sick leave time, vacation
leave time, and leave without pay, if requested will be granted not to
exceed four {4) months from the date of birth or receipt of the child
if adopted. Such maternity leave and the starting date shall be
mutually decided upon between the employee, the department manager and
the employee's physician. Employees on a maternity leave of absence
without pay will be responsible for payment of their medical, dental
and optical premiums to keep coverage in force.
3. Paternity Leave: In event of the birth or adoption of a child, male
employees may use sick leave as paternity leave as designated in the
Compensation resolution.
4. Family and Medical Leave: Employees are provided up to 12 weeks of
unpaid, job-protected leave to eligible employees for family and
medical reasons. Employees are eligible if they have worked for at.
least one year and for 1,250 hours over the previous 12 months.
Employees are granted unpaid leave for one or more of the following
reasons:
For the care of the employee's child {birth or placement for
adoption or foster care)
For the care of the employee's spouse, son or daughter, or parent,
who has a serious health condition.
For a serious health condition that makes the employee unable to
perform their job.
At the employee's or employer's option, certain kinds of paid leave
may be substituted for unpaid leave.
5. Other Leave of Absence with Pay: Each department may authorize the
taking of a leave of absence with pay for budgeted training,
professional, trade or other similar budgeted conferences connected
with City business. The City Manager may authorize other leaves of
absence with pay to employees for the performance of authorized duties
in connection with City business, for attendance at trade,
professional or other meetings and conferences which relate to
official duties, or participation in recognized and approved training
and related activities, within budgeted authorization.
SECTION 4 Leave of Absence Without Pay
Department heads may grant a leave of absence without pay for up to ten {10}
working days. The City Manager may grant leaves of absence from time in
excess of ten {10} working days but no longer than ninety {gO) calendar
days. Requests for leave of absence in excess of ninety {gO} days must be
approved by the City Council.
SECTION 5 Military Leave
1. Military leave shall be granted in accordance with the Military and
Veterans Code of the State of California, as amended. All employees
entitled to military leave shall be given such leave by the appointing
authority within such limits as the appropriate military regulations
may determine. Such leave shall be granted upon submission of written
orders.
2. Every regular classified officer or employee of the City who is
actually inducted into, or enters, any branch of Military, Army, Navy,
Air Force, Marines, or Coast Guard Service of the United States of
America, pursuant to and under the terms and conditions set forth in
Section 395, et seq., as amended, of the Military and Veterans Code
shall be entitled to a military leave of absence from his/her City
position and shall be entitled to receive regular compensation and
benefits in accordance with State law.
93-4 -35-
SECTION 6 Holidays
1. Holida s: All regular full time, and probationary employees are
~for holidays as prescribed in the Compensation Resolution.
2. Whenever a holiday falls on a Sunday, the following Monday shall be
observed as a holiday. Whenever a holiday falls on a Friday or
Saturday, the preceeding Thursday shall be observed as the holiday.
3. Holidays may be changed to reflect :State and Federally legislated
changes or through the Meet and Confer process.
4. An employee must be paid for all of the regularly scheduled working
day immediately preceding the holiday and the next regularly scheduled
working day immediately following the holiday in order to receive
compensation for that holiday. Authorized paid leaves of absence
(vacation, sick leave, etc.) are counted as regularly scheduled hours
worked.
SECTION 7 Sick Leave
1. Who is Eligible: A full time, regular or probationary employee who is
incapacitated from the performance of such employee's duties by reason
of a non-service connected illness or injury, by pregnancy, by legal
requirements of public health officials or for reasons specified in
Subsection 8 of Section 7 of this Rule VI.
Sick leave may be utilized for dental appointments, medical
assessments and/or due to the death or serious illness in the
immediate family as outlined in this rule.
2. Amount Earned: All full time~ regular or. probationary employees of
the City shall earn sick leave in accordance with the Compensation
Plan. Sick leave shall be earned, commencing on the first day of
employment as a probationary employee, and accrued on a bi-weekly
basis.
3. Accumulation of Sick Leave: Unused sick leave shall accumulate
without limit.
4. Advanced Sick Leave: Sick leave time shall not be taken until such
time as it has been accrued. Except as provided for exempt employees
under Fair Labor Standards Act. ; '
5. Utilization of Sick Leave Benefits: The right to utilize benefits
unoer the SICK leave rovlslons nerein shall continue onl during the
period that the employee is employed by the City. ~ll benefits
hereunder shall terminate upon the employee leaving City service,
except as max otherwise be provided by the Wage and Compensation
Plan. An employee on military leave shall not be granted sick leave
during the military leave period. Employees are not eligible to
utilize benefits until they have completed six {6) months continuous
employment. Except as provided for exempt employees under Fair Labor
Standards Act.
6. Illness Durinq Vacation Leave: Employees who become ill while on
approved vaca{ion ~eave may request from supervisor to have vacation
time converted to sick leave. Verification of illness may be required.
prior to approval.
7. Notification to Supervisor: An employee needing to be absent because
of sickness or other physical ~isability shall notify the appropriate
department manager or immediate supervisor at least one (1) day prior
h
to such absence if circumstances permit, or with t irty (30) minutes
after the start of their regular shift when prior notice cannot be
given.
8. Sick Leave Authorized Due to Illness in Fami~: An employee shall be
allowed sick leave due to serious illness in e immediate family. In
the event of death in the immediate famil the employee may use a
maximum of five (5) da s in accordance with ~ereavement eave. In the
L
event of a serious illness in the immediate family, a certificate of
such illness and the need for the employee's absence by the acceptable
medical authority may be required by the department manager. Such
leave may take travel time into consideration. The amount of sick
leave used in either of these two circumstances shall be reported on
the employee's time sheet.
9. Return to Work Followinq Illness: The department manager may require
an employee to submit to a medical and/or psychiatric examination by a
physician designated by the City before permitting the employee to
return to work after the employee has been onhsic~ leave. If the
results of any such examination indicate that t e employee is unable
to perform assigned duties, or if performance of t ose duties will
expose others to infection, the em lo~ee shall be placed on sick
leave, or leave without pay after al~ s~ck leave has been used, until
adequate medical evidence is submitted that the employee is competent
to perform assigned duties or will not subject others to infection.
In cases of disabling illness or injury, the City Manager or
department manager, may seek transfer of the employee, seek the
employees retirement, or commence separation procedures.
10. Medical Certificate Requirement: Any officer or employee who makes
application for sick |eave ma~ be required by either the department
mana er or City Manager to f~le a certificate signed by a duly and
reguVarly licensed physician authorized to practice medicine or may be
required to submit a personal statement which states the employee was
incapacitated from performin the duties of the position for each day
that sick leave is requeste~. Authority shall also be given for the
physician signing the certificate, to disclose to the City Manager or
the department manager, information relating to sick leave. Sick
leave shall be granted when the application for sick leave is approved
by the department manager or the City Manager.
SECTION B Bereavement Leave
Bereavement Leave: When a death occurs in the family of a full time
employee, the emplo ee shall be entitled to a maximum of five (5)
bereavement leave ~ys with pay. A death certificate or other
acceptable evidence may be required by the department head before
leave is allowed. Family members for the purposes of this section
shall be defined as follows: employee's spouse, employee's parents,
employee's grandparents, employee's children, siblings or grand-
children, em loyee spouse's parents, or a blood relative residing with
employee. T~e department head and the City Manager shall approve such
bereavement leave with their signature.
93-4 -37-
SECTION 9 Service-Connected Injury or IllnesT
1. Who is Eligible: Any employee of the City who sustains illness or'
injury in the course of service to the City shall receive
compensation, hospitalization benefits, surgical and/or medical
attention in accordance with the provisions of the Worker's
Compensation Laws of the State of California, as set forth in the
Labor Code of said State.
93-4 -38-
RULE VII
OUTSIDE EMPLOYMENT
SECTION 1 POLICY
Employees shall not engage in any employment, activity, or enterprise which is
in conflict with their City duties, functions, or responsibilities; nor shall
they engage in any outside activity which will directly, or indirectly,
contribute to the lessening of their effectiveness as City employees.
SECTION 2 Authorization for Outside Employment
1. Any employee engaging in an occupation or outside activity for
compensation which presents a conflict shall inform the appointing
authority of such activity before commencing the activity. The
appointing authority shall then determine whether or not such activity
is incompatible with the employee's City employment.
2. If the appointing authority determines such activity is compatible,
he/she may authorize the activity in writing using the "Outside
Employment Form."
3. Said authorization shall be valid only for the work and period
prescribed therein and subject to revocation by the appointing
authority.
SECTION 3 Determination of Inconsistent Activities
In making a determination as to the consistency or inconsistency of outside
activities, the appointing authority shall consider, among other pertinent
factors, whether the activity involves:
1. The use of City time, facilities, equipment and supplies, or the
badge, uniform, prestige, or influence of one's City office or
employment.
2. Receipt or acceptance by the employee of any money or other
consideration from anyone other than the City for performance of an
act which the officer or employee would be required or expected to
render in the regular course of hours of his/her City employment or as
part of his/her duties as a City employee.
3. Conditions or factors which would directly or indirectly lessen the
efficiency of the employee in his/her regular City employment, or
conditions in which there is a substantial danger of injury or illness
to the employee.
4. The performance of an act in other than his/her capacity as a City
officer or employee which may later be subject directly or indirectly
to the control, inspection, review, audit, or enforcement by such
officer or employee or the department by which he is employed.
93-4 '39--
SECTION 4 Use of City Equipment Prohibited
1. No City owned equipment, autos, trucks, instruments, tools, supplies,.
uniforms, machines, or other City property shall be used by any
employee while said employee is engaged in any outside employment or
activity, for compensation or otherwise.
2. No employee shall allow any unauthorized person to rent, borrow, or
use any items mentioned in Section 4, subsection 1, above except upon
prior approval of the City Manager.
3. No employee shall be engaged in outside employment or activity, for
compensation or otherwise while on normal and regular working hours.
93-4 -40-
RULE VIII
SEPARATIONS
SECTION I Resignation
Any employee may resign from City service by presenting the resignation in
writing to the department manager. The resignation shall be effective
immediately upon receipt of same by the department manager. To resign in good
standing, an employee shall give the department manager at least two {2}
calendar weeks notice, unless, because of extenuating circumstances, the
department manager agrees to permit a shorter period of notice. Resignations
shall be promptly forwarded to the Personnel Officer.
SECTION 2 Reduction in Force by Layoff
The City Council or City Manager may separate any employee or class of
position without prejudice because of financial economy, reduction of work or
abandonment of activities after giving advance notice of separation. However,
no regular full time employee shall be separated from any department while
there are emergency, seasonal, probationary, or temporary employees serving in
the same class of position in the City. The conditions or reduction in force
layoffs shall be as follows:
1. Advance Notice: Employees separated by reason of a reduction in force
shall be given 60 calendar days notice of separation and the reasons
therefore. They will be allowed to utilize accrued time in their
effort to obtain other employment. At the City's discretion an
affected employee may be placed on paid administrative leave for all,
or any portion thereof, of the notification period.
2. Offer of Reassignment: An employee's appointment shall not be
terminated as a result of a reduction in force procedure before the
employee has been made a reasonable offer of reassignment, if such
offer is possible.
3. Laid Off Employees on Reemployment Register: The names of regular
employees who have been laid off due to reduction in force shall be
placed on an appropriate lay off reemployment list according to date
and order separated and shall be eligible for reemployment. Such
reemployment shall be based on last employee laid off is t~e first
employee on the list with other employees being eligible in sequential
order thereafter.
Each employee on a lay off reemployment list shall remain on that list
for one {1} year. Employees whose name appears on a lay off
reemployment list shall be considered for reemployment in the class
from which the employee was laid off prior to using any other
available employment eligible list to fill regular vacancies in the
subject class. The City Manager can extend the active period of
reemployment lists or individual employees eligibility on such lists
for a one (1} year period as he determines to be in the best interest
of the City.
93-4 -41-
4. Appointment of Laid Off Employees to Lower Class: An employee who ~s
to be laid off may bump or be appointed to a lower or equal class for
which the employee has achieved regular status or is qualified,.
without examination.
"Bumping": In determining whether an employee may "bump" the
following shall be considered:
1. Whether the employee had obtained regular status in that position
classification.
2. The employee's written performance evaluations.
3. The history of an employee's written disciplinary actions.
4. The employee's written record of attendance including patterns of
sick leave usage, tardiness and unexcused absences.
5. The employee's seniority in the classification in addition to City
wide seniority {all service time with the City of Rancho
Cucamonga}.
5. Order of Separation: Selection for retention shall be based equally
upon performance as determined and supported in writing by each
supervisory level involved and seniority of service. However,
seniority in itself is not the determining factor. Therefore, this
policy does not preclude the retention of members which have less
seniority to other members within the class for which the reduction in
force action may be taken. The following criteria shall be considered
in evaluating performance:
a. The employee's written performance evaluations.
b. The history of an employee's written disciplinary actions.
c. The employee's written record of attendance including patterns of
sick leave usage, tardiness and unexcused absences.
6. Re-Appointment of Laid Off Employee
When a laid off employee is re-appointed their vacation shall accrue
at the rate which was in effect at the time of lay off.
93-4 -42-
RULE IX
E)4PLOYEE CONDUCT AND DISCIPLINE
SECTION 1 Definition and Objective of Discipline
Discipline is the enforcement of conformity to policies, rules and regulations
and other administrative or legal requirements or practices designed to
maintain a standard of cooperation and conduct necessary to successfully carry
out the service mission of the City organization. The purpose of discipline
is to assist the employee in recognizing and correcting any deficiencies
regarding an employees performance. Self-discipline or self-conformity is the
goal strived for by this Section. Disciplinary action, when necessary, shall
be documented in such a manner as to be defensible on appeal and/or review.
In all instances where disciplinary action is contemplated, the affected
employee shall be afforded prior notice of the proposed disciplinary action.
The employee shall have reasonable opportunity to present, in person, their
view of the incident{s) resulting in the disciplinary consideration.
Presentation will be to the supervisor charged with disciplinary authority
prior to a decision to impose disciplinary action.
Any employee having supervisory authority and responsibility shall discuss
deficiencies in performance, conduct, and other matters with subordinates at
the time they are observed, pointing out corrective action the employee should
take. Whenever possible, sufficient time for improvement shall precede formal
disciplinary action.
Types of disciplinary actions which may be taken are: dismissal, disciplinary
demotion, reduction in pay steps within a pay range, disciplinary suspension
and written reprimand, or an appropriate combination of these disciplinary
actions. The aforementioned types of disciplinary actions are defined as
follows:
1. Oral Re rimand: An
~re is oral consultation by the supervisor to the
e dissatisfaction with his/her services and that
further disciplinary measures may be taken if the cause is not
corrected.
2. Written Re rimand: After verbal consultation, an official
is cause for dlss~~sn?acb~io~hewi%~Pe~h°errt~ert~iece~mP~n°Zelh~a)u~;~
disciplinary measures may be taken if the cause is not corrected.
3. Disciplinary Suspension: The temporary separation from the City
service or an employee without compensation.
4. Reduction in Pay: The reduction of the employee's pay rate within the
pay range established for the employee's class.
5. Oisciplinary Demotion: The demotion of an employee from a position in
one class to a position in another class having a lower maximum rate
of pay. The demotion may be permanent or temporary.
6. Dismissal: The dischar e of an employee from the City service in
accoroance with these Ru~s and Regulations.
93-4 -43-
SECTION 2 Disciplinary Procedures
1. Purpose: The purpose of the Disciplinary Procedures is to afford the
concerned employee an opportunity to present such employee's view of
the factual situation leading to the proposed disciplinary action and
to afford appropriate administrative review of any disciplinary action
which is taken.
2. Initial Notice: The concerned employee shall be given written notice
by the department manager (or the City Manager if the employee is an
executive management person who reports directly to the City Manager}
of the proposed disciplinary action. Such notice shall include a
statement of the reasons for the proposed action and the employee
shall receive a copy of the charges being considered.
3. Documentation: The concerned employee shall be allowed to review the
documents, materials, names of witnesses and other evidence upon which
the proposed action is based, and be given a copy of such documents,
materials and other evidence insolaf as it is possible to do so. Said
documents, materials and evidence shall be provided together with the
notice specified in Subsection 2.2 above.
4. Right to Respond: The employee has eight {8} working days from the
receipt of the initial notice to review the documents, materials,
charges and other evidence presented pursuant to paragraphs 1 and 2
above, and to respond either orally and/or in writing, to the
d~partment manager or in the case of persons reporting directly to the
City Manager the response shall be made to the City Manager.
5. Right to Representation: The affected employee shall have the right
to be represented by a person chosen by the employee during the
disciplinary procedure.
6. Further Investigation: If the employee's version of the facts creates
doubt as to the accuracy of the information provided, the department
manager, or as the case may be, the City Manager shall initiate, or
shall cause to be initiated, a further investigation of the factual
situation leading to the proposed action.
7. Implementation of Disciplinary Action: Upon completion of the
procedures set forth above, the affected employee Shall be informed by
the department manager, or City Manager as the case may be, in
writing, of the action taken, with a copy to the City Manager. A
person reporting directly to the City Manager shall appeal pursuant to
Rule X of these personnel rules.
SECTION 3 Disciplinary Authority: Department heads shall have the power and
duty to determine the need for and implement disciplinary actions with prior
approval from the City Manager.
It is the intent and spirit of these Rules to provide a fair and Just approach
to municipal employment in order that City employees and officers may be
selected on the basis of merit, but in no sense to handicap or curtail
management in securing sufficient service. All personnel holding positions in
93-4 -44-
the classified service shall be subject to suspension without pay and also to
demotion, reduction in pay or removal from office or employment as set forth
in Section 5.
1. Informal Discussion: Though not a disciplinary action, when a minor
job performance problB~ develops, an informal discussion shall usually
occur to assist the employee in clarifying and remedying the
problem. An informal discussion is designed to clarify standards,
policies and procedures or rules and regulations so that problems are
resolved early and thus, the need to utilize disciplinary action may
be avoided.
2. Oral or Written Reprimand: A supervisor may reprimand a subordinate
for cause. When deemed appropriate, repeated reprimands shall be in
writing and be addressed to the employee. A signed copy shall be
forwarded to the City Manager along with a narrative report of the
case and acknowledged in writing by the employee. Reprimands cannot
be appealed.
3. Suspension: An employee may be suspended without pay by the
department manager. Before the effective date for any non-emergency
suspension, the employee shall be furnished with written notice
setting forth reasons for such suspension pursuant to Section 2 of
this Rule. The employee will also be advised of any right to appeal
under these Rules and Regulations, and informed of the regulations and
procedures governing such appeals.
4. Reduction in .Pay: A department manager may reduce an employee's pay
range and/or salary. Before the effective date of said reduction, the
employee shall be advised of the action and the reasons therefore
pursuant to Section 2 of this Rule. The employee reduced by such
action shall be assigned a new anniversary date for merit review
purposes; such date shall coincide with the effective date of the
reduction action. Such action will be subject to appeal under the
appeal procedure set out in these Rules and Regulations.
5. Demotion: A department manager may demote an employee to a lower
class for disciplinary reasons. Before the effective date of said
demotion, the employee shall be advised of the action and the reasons
therefore pursuant to Section 2 of this Rule. The employee demoted by
such action shall be assigned a new anniversary date for merit review
purposes; such date shall coincide with the effective date of the
demotion. Such action will be subject to appeal under the appeal
procedure set out in these Rules and Regulations.
6. Dismissal: A department manager may terminate any employee who lacks
regular status, without cause. A department manager may terminate a
regular employee for cause, subject to Section 2 of this Rule. The
department manager shall provide the terminated employee with a
written statement of the reason for the action including the ground or
grounds involved pursuant to Section 2 of this Rule. Such termination
action shall be subject to appeal under the appeal procedure set out
in these Rules and Regulations.
93-4 -45- ',i L I' ,~ i' i
SECTION 4 Emergency Situations
An employee may be temporarily placed on administrative leave from City
service for a period of time not to exceed the time reasonably necessary to
permit an investigation of the matter which may result in a disciplinary
action. Any employee having supervisory authority and responsibility may
initiate an emergency suspension action, with pay; however, an emergency
suspension without pay must be initiated by the department manager. In the
event the investigation develops in the employee's favor, and no disciplinary
action is filed within the suspension period, the employee shall be reinstated
to duty with all accrued salary and other benefits, subject, however, to a
later disciplinary action involving the same matter under investigation.
SECTION 5 Grounds for Disciplinary Action
The following non-exclusive listing shall constitute grounds for disciplinary
action {any of them may be sufficient cause upon which to base a disciplinary
action):
1. Fraud in securing employment or making a materially false statement on
an application for employment or on any supporting documents furnished
with or made a part of any application.
2. Incompetency such as failure to comply with a minimum standard for an
employee's position for a significant period of time.
3. Neglect of duty, such as failure to perform the dutie~ required of an
employee's position.
4. Willful disobedience and insubordination such as willful failure to
carry out the direction of a duly appointed and acting supervisor or
to conform to duly established orders or directions of persons in a
supervisory position.
5. Dishonesty involving employment.
6. Being under the influence of alcohol or intoxicating drugs while on
duty without a prescription.
7. Addiction to or habitual use of alcoholic beverages, narcotics or any
non prescribed habit forming drug.
8. Absence without leave.
9. Conviction of a crime or conduct constituting a violation of State law
or Federal law that has a relationship to the employee's job.
10. Discourteous treatment of the-public.
11. Improper or unauthorized use of City property.
12. Violation of the rules and regulations of any department,
93-4 -46-
13. Refusal or failure to subscribe to any oath or affirmation which is
required by law in connection with City employment.
14. Any act of conduct undertaken which, either during or outside of duty
hours, is of sucha nature that it causes discredit to fall upon the
City, the employee's department or division.
15. Failure to maintain proper decorum during work hours causing discredit
to the employee's department or division.
16. Abuse of sick leave.
17. Failure to follow the procedures set forth herein governing grievances
when pursuing a grievance.
18. Inattention to duty, tardiness, indolence, carelessness or negligence
in the care and handling of City property.
lg. The employee's failure to resolve a physical or mental infirmity{s} or
defect{s), when it is within the capacity of the employee to do
20. Outside employment which conflicts with the employee's position and
not specifically authorized by the appointing authority.
21. Acceptance from any source of any employment, reward, gift or other
form of remuneration in addition to the employee's regular
compensation, as a personal benefit to the employee for actions
performed in the normal course of the employee's assigned duties.
22. Falsification of any City report or record, or of any report or record
required to be, or filed by the employee.
23. Violation of any of the provisions of the Municipal Code, lawful
ordinances, resolutions, or any rules, regulations or policies which
may be prescribed by the City Council, City Manager, department
manager or supervisor.
24. Political activities precluded by State or Federal law.
SECTION 6 Records
Signed records pertaining to disciplinary actions shall be maintained in the
employee's personnel file.
93-4 -47-
RULE X
DISCIPLINE APPEAL PROCEIXJRES
SECTION I Right of Appeal
A regular full time employee shall have the right to appeal the following
disciplinary actions:
1. Suspensions without pay of more than two days.
2. Salary reduction.
3. Demotion.
4. Dismissal.
A promotional probationary employee shall have the right tO appeal the
following disciplinary actions: suspension without pay and dismissal.
SECTION 2 Method of Appeal
Appeals shall be in writing, signed by the appellant, or his/her
representative, and filed with the Personnel Officer within eight (8) working
days of the receipt of the final decision rendered pursuant to Rule IX,
Section 2. A failure by the appellant or his/her representative to file the
appeal within the time period will constitute a waiver of his/her right to an
appeal. The appeal shall be in writing, addressed to the Personnel Officer
and state the grounds for the appeal.
SECTION 3 Notice
Upon the filing of an appeal, the Personnel Officer shall immediately set a
date for a hearing on the appeal not less then eight {8) working days, nor
more than twenty-four {24) working days, from the date of filing. However,
such time limits may be waived upon mutual consent of both parties. The
Personnel Officer shall notify all interested parties of the date, time, and
place of the hearing.
SECTION 4 Evidence
Formal Rules of Evidence applicable in the trial of civil matters in the State
of California shall not be required in appeal hearings. Any disputes
regarding the admissibility of information shall be resolved by the Hearing
Officer.
SECTION 5 Hearinq Officer
Appeals shall be heard by the Personnel Officer or his/her designee if the
appellant is a person who reports directly to the City Manager or the
Administrative Services Director. A decision rendered by the Personnel
Officer, his/her designee, or the City Manager shall be final.
SECTION 6 Appeal of City Manager or Administrative Services Director Action:
The employee reporting to the City Manager or the Administrative Services
Director upon receipt of notice of the imposition of disciplinary action
against him/her shall have the right to appeal the decision. Said appeal
shall be delivered to the City Clerk within eight ~8} working days of the
employee's receipt of notice of the imposition of discipline. Otherwise, the
Administrative Services Director's or City Manager's action shall be final and
binding.
SECTION 7 Hearing Conduct and Representation
The applicant shall appear personally, unless physically unable to do so, at
the time and place of the hearing. He/she may, but need not, be represented.
The conduct and decorum of the hearing shall be under the control of the
Hearing Officer. The hearing shall be closed unless the appellant requests
that it be open.
SECTION 8 Evidence and Examination of Witnesses
1. Oral evidence shall be taken only on oath or affirmation.
2. Each party shall have these rights:
a. To call and examine witnesses.
b. To produce documentary evidence.
c. To cross examine opposing witnesses on any matter relevant to the
issues even though that matter was not covered in the direct
examination.
d. To impeach any witness regardless of which party first called
him/her to testify.
e. To rebut the evidence against him/her.
3. The hearing need not be conducted according to technical rules
relating to evidence and witnesses. The rules of privilege shall be
effective to the extent that they otherwise are required by statute to
be recognized at the hearing, and irrelevant and unduly repetitious
evidence shall be excluded.
SECTION g Findings and Conclusions
Written findings of fact shall be made which state as to each charge whether
or not such charge is sustained and shall affirm, reverse or modify the
decision appealed from. Such decision shall be contained in a formal, written
response which includes the findings of fact supporting the decision. The
decision shall be final and binding and such decision shall be certified to
the Personnel Officer for implementation under the provision of Section 10 of
this rule.
g4-2 -49-
SECTION 10 Implementation
The Personnel Officer upon receipt of the findings, conclusions and directions
shall notify the appellant in writing, within two {2) working days, of the
decision. Such notice shall indicate the effective date of the action to be
taken.
94-1 -50-
RULE XI
GRIEVANCE PROCEDURES
SECTION 1 Purpose of Rule
1. To promote improved employer-employee relations by establishing
procedures on matters for which appeal or hearing is not provided by
other regulations.
2. To afford employees individually a systematic means of obtaining
further consideration of problems after every reasonable effort has
failed to resolve them through discussions.
3. To provide that grievances shall be settled as near as possible to the
point of origin.
4. To provide that grievances shall be conducted as informally as
possible.
~ECTION 2 Flatters Subject to Grievance Procedurn
An employee shall have the right to file a grievance concerning an alleged
violation, misinterpretation or inequitable application of City policy, City
Personnel Rules and Regulations, and/or the Memorandum of Understanding.
Matters otherwise subject to the disciplinary procedure shall not be subject
to the grievance procedure.
SECTION 3 Informal Grievance Procedure
An employee who has a problem or complaint should first attempt to settle same
through discussion with the immediate supervisor without undue delay. If,
after this discussion, the employee does not believe the problem has been
satisfactorily resolved, the employee shall have the right to discuss it with
the supervisor's immediate superior, if any, in the administrative service.
Every effort shall be made to find an acceptable solution by informal means at
the lowest possible level of supervision.
If the employee is not in agreement with the decision reached by discussion,
the employee shall then have the right to file a formal grievance in writing
within eight (8) working days after receiving the informal decision of the
immediate supervisor. Formal written grievances shall apply only to the
employee affected, shall specifically identify the action being grieved, and
shall include a statement of the action{s) desired by the grievant and the
reasons therefore.
SECTION 4 Formal Grievance Procedure (Levels of Review Throuqh Chain ol
Command) .
1. First Level of Review: The grievance shall be presented in writing to
the employee's immediate supervisor, who shall render a decision and
comments in writing and return them to the employee within eight (8)
working days after receipt of the grievance. If the employee does not
agree wtth the supervisor's decision, or if no answer has been
93-4 -51-
received within eight {8} working days, the employee may present the
grievance, in writing, to the department manager. Failure of the
employee to take further action within eight (8} working days after
receipt of the written decision of the supervisor, or within eight
working days if no decision is rendered, shall constitute a waiver of
the grievance.
2. Department Review: The department manager receiving the grievance of
an employee or a designated representative, shall discuss the
grievance with the employee, the employee's representative, if so
desired, and with other appropriate persons. The department manager
shall render a decision and comments in writing, and return them to
the employee within eight {8) working days after recei vi ng the
grievance. If the employee does not agree with the decision reached,
or if no answer has been received within eight ~8) working days, the
employee may present the grievance in writing to the Personnel
Officer. Failure of the employee to take further action within eight
{8} working days after receipt of the department manager's written
decision, or within eight {8) working days if no decision is rendered,
shall constitute waiver of the grievance.
3. Personnel Officer: The Personnel Officer, or his/her designated
representative, upon receipt of the grievance, shall discuss the
grievance with the employee, or the employee's designated
representative, and with other appropriate persons. The Personnel
Officer shall render a decision in writing to the employee within
eight {8) working days after receiving the grievance. The decision of
the Personnel Officer shall be final.
SECTION 5 Conduct of Grievance Procedure
1. The time limits specified above may be extended to a definite date by
mutual agreement of the employee and the reviewer concerned.
2. The employee may request the assistance of another person of his/her
own choosing in preparing and presenting the grievance at any level of
review.
3. EMPLOYEES SHALL BE ASSURED FREEDOM FROM REPRISAL FOR USING THE
GRIEVANCE PROCEDURES.
94-2 -52-
RULE XlI
TI~AININO A~ID EMPLOYEE DEVELOPMENT
SECTION 1 Purpose
The City of Rancho Cucamonga has an obligation to its employees and to the
citizens of Rancho Cucamonga to utilize and develop in full measure the talent
and ability of each employee. Managerial and supervisory personnel are
accountable for the development and utilization of human resources even as
they are accountable for the execution of other administrative instructions
rules and regulations.
Specific policies relating to Tuition Reimbursement are contained in the Wage
and Compensation Resolution.
SECTION 2 Responsibility
Responsibility for training and development resides in:
1. The Employee: To plan, pursue and accomplish personal development and
growth in terms of job skills.
2. Supervisors: To promote and encourage the development of each of
their subordinates, to create a situation in which it is possible for
employees to improve their capabilities, and to provide the training,
experience and counseling made necessary by current and future job
requirements.
3. The City of Rancho Cucamonqa: For developing a "climate" which
provides a continuing development process so that competent and
industrious employees are available to fill higher level vacancies as
such vacancies occur. The City of Rancho Cucamonga is also
responsible for establishing management accountability for training
and development of persons it employs and developing a system to
provide necessary training.
4. The City Manager: To encourage and review organizational activities
which improve the training and development opportunities for City
employees.
SECTION 3 Organization
Each department shall establish a training and development program to provide
for the needs of its employees. The program shall include an assessment of
training needs and the methods to be utilized in meeting those needs.
The Administrative Services Director shall be available to the departments to
provide assistance in obtaining the resources necessary to meet the goals and
objectives of the departments for employee development and training.
93-4 -53-
SECTION 4 Safety
Acceptance of employment means that the employee has agreed to follow safety
rules and methods. It is the responsibility of the respective supervisors to
promote safety consciousness among their employees and provide training in
safe practices. The City's policy regarding safety incorporates the following
considerations and conditions:
1. Safety is just as important as getting work done.
2. Safety rules must be followed.
3. The City will provide safe working conditions and safety equipment
deemed necessary by the City or required by law to all employees.
4. Violations of safety rules are subject to discipline.
5. An employee who is injured must immediately report the
accident/incident to his/her supervisor.
SECTION 5 Performance Evaluation
1. Policy: It is the policy of the City to regularly evaluate an
employee regarding general performance standards and specific aspects
of his/her job. It iS the responsibility of the City Manager and
department heads to insure that these evaluations be made in
accordance with the following procedures.
The Personnel Officer shall prescribe and provide the forms for this
purpose and shall monitor and amend these procedures to insure that
the system is fair and equitable to employees and that it provides
reliable information regarding the performance of employees.
When an employee begins work with the City his/her supervisor will
discuss the responsibilities and expectations of the position with the
employee.
Employees shall be evaluated on at least an annual basis unless
otherwise stated.
2. Schedule for Evaluation: Each probationary employee or regular
employee on probation shall be evaluated prior to completion of the
first six months of employment, upon completion of the probation
period, and on the completion of any extended probationary period.
Within a thirty {30) day period before the effective date of the above
actions, a Performance Evaluation Report shall be prepared and
discussed with the employee.
Also, an annual review shall be prepared for those employees who have
achieved regular status. The report shall be prepared and discussed
with the employee within a thirty (30) day period preceding the
employeems anniversary date.
93-4 -54-
In any event, a Performance Evaluation Report shall be required
whenever a pay increase is recommended. Special reports may be
initiated to recognize and document exceptional performance or to'
document a warning to the ~employee that, if performance does not
improve, disciplinary action could be initiated.
3. Authority to Evaluate: The department head shall have the authority
to evaluate employees under his/her supervision. Such authority may
be delegated to an immediate supervisor who is best familiar with the
work of an employee, however, the department head shall retain a
review option of the reports prepared by an employee's immediate
supervisor.
4. Review with the Employee: The most constructive purpose of the
Employee Evaluation Report is the information it provides to the
employee and management and the opportunity it provides for an
employee and his/her supervisor to discuss expectations,
responsibilities, accomplishments and ways to improve performance.
5. Objection to Evaluation Report: An employee may append to the
performance evaluation any disagreement with the performance
evaluation.
6. Effects of "Improvement Needed" or "Unsatisfactory" Evaluation: In
the event that an employee receives an overall evaluation "Improvement
Needed" or "Unsatisfactory" he/she will be re-evaluated after a time
specified in Section IV of the Evaluation Report.
Whenever such an overall evaluation is given the employee shall not be
eligible to participate in any promotional examination nor shall
he/she be granted a step increase until a satisfactory evaluation is
reported.
In any event, whenever an employee receives a second overall
evaluation of "Improvement Needed" or "Unsatisfactory", further
disciplinary action will be taken by the department head as provided
in the Rules and Regulations.
7. Distribution of the Reports: Performance Evaluation Reports shall be
prepared in three copies. One copy shall be retained by the
department head, one copy shall be given to the employee, and one copy
shall be retained by the Personnel Officer and added to the employee's
personnel file.
93-4 -55-
/~ILE XIII
REPORTS AND RECORDS
SECTION 1 Roster Cards
The Personnel Officer shall maintain, in conjunction with the City's
Administrative Services Department, a service or roster card for each employee
in the service of the City of Rancho Cucamonga. Said card shall include:
1. Full name of employee.
2. Title and pay range and pay step number of position to which initially
appointed, and all changes thereafter.
3. The department and division to which initially assigned, and all
changes thereafter.
4. Effective date of probationary appointment.
5. Action taken before or at the end of the probationary period.
6. Name of dependent to notify in case of accident.
7. Other pertinent information as might be authorized or required by the
Personnel Officer.
SECTION 2 Reports to Personnel Offic~
Department managers shall report to the Personnel Office the various matters
relating to the certification, appointment, promotion, demotion, resignation,
removal, leaves of absence, vacation and other matters requiring reports
relating or having reference to the status of the various officers or
employees of the City, so that any and all of such records shall be kept in a
proper manner, as contemplated in these Rules and Regulations adopted for the
administration of the City personnel system. This data shall be transmitted
in a manner prescribed by the Personnel Officer.
SECTION 3 Other Record~
The Personnel Officer may authorize the establishment of other pertinent
personnel records to be set up and maintained by the several departments and
City Manager's Office that are necessary to insure a record system that
reflects good organization and management, and accurate recording of all
transactions in the City personnel program.
SECTION 4 Reports
The operating departments and City Manager's Office shall prepare periodic and
special reports as might be called for by the City Council and City Manager.
g3--4 -ss- ii , I
SECTION 5 Chanqe of Status Report
Every appointment, transfer, promotion, demotion, change of salary rate, and
any other temporary or permanent change in status of employees shall be
reported to the Administrative Services Officer in such manner as may be
established by these Rules or administrative directives.
SECTION 6 Destruction of Records
Roster and payroll records shall be kept permanently. All other records
relating to personnel, except those relating to disciplinary actions, may be
destroyed after two years by the Administrative Services Director with
approval from the City's Attorney and Records Manager.
SECTION 7 Personnel Files
1. There shall be a personnel file for each employee, maintained at the
Personnel Office and in the employee's department.
2. Employees shall be provided with copies of any derogatory written
material before it is placed in the employee's official personnel
file.
3. An employee shall have the right at any reasonable time and with
sufficient notice to examine copies of any material from the
employee's personnel file with the exception of material that includes
ratings, reports, or records which were obtained prior to the
employment of the employee involved.
4. All personnel files shall be kept in confidence and shall be available
for inspection only to other employees of the City when actually
necessary in the proper administration of City affairs or supervision
of the employee.
5. Any person who prepares written material or drafts written material
for placement in an employee's file shall sign the material and
'signify the date on which such material was drafted. Any written
materials placed in a personnel file shall indicate the date of such
placement.
93-4 -57-
RULE XlV
PART TIE, SEASONAL AND TEMPORARy EMPLOYEES
SECTION I Compensation
1. Part Time Employees: A budgeted Oosition of less than forty (401
hours per week typically less than 1,040 hours per year. Part Time
e~ployees shall be paid the hourly rate established by the salary
resolution.
2. Seasonal Employees: Seasonal enployees shall be paid the hourly rate
established by the salary resolution and are employed part time
throughout various seasons. Hours are not to exceed 1,040 hours per
year.
3. Temporary Employees: Temporary employees shall be paid the hourly
rate established by the salary resolution and are hired to perform
duties for a period of time not to exceed six months or continuous
full time employment. Hours are not to exceed 1,040 hours per year.
SECTION 2 Participation in Benefit Program~
No part time, seasonal, or temporary employee shall be eligible for
participation in any benefit program established by the City, except as
required by State and/or Federal law or as may be specifically approved by the
City Manager and/or City Council.
SECTION 3 Schedulest Position Control, Waqe Rates
Part time, seasonal and temporary employees shall work on a prearranged
schedule beneficial to both the employee and the City. Part time, seasonal
and temporary positions may be abolished and/or replaced with full time
positions determined by the City Council. Wage rates for part time, seasonal
and temporary employees shall be established by the City Council.
SECTION 4 Compensation Level Upon Appointment
Part time, seasonal and temporary employees shall be appointed to the first
"step" of the salary range then in effect, specified for the position in
question. Any variation from placement at the first step must be approved by
the Personnel Officer.
SECTION 5 Performance Evaluation
No part time, seasonal or temporary employee shall be eligible for a salary
adjustment except as approved by the Personnel Officer upon the reconmnendation
of the appointing authority contained in a performance appraisal report, or
such other form as may be required by the Personnel Officer. Said performance
appraisal report shall be completed in accordance with the procedures set
forth for full time employees.
94-2
r CITY OF RANCHO CUCAMONGA --~-,~,
MEMORANDUM
.....
DATE: February 2~ 1994
~ Mayor and M~mbers of ~he City Council
Jack Lain, AICP, City Manager
~OM: Duane A. Baker, Assistant ~o the City Manag~
SUB~: REMOVAL OF ITEM D-6 ~OM T~ AGENDA - APPROV~ TO E~CU~
AN AG~EMENT (CO 9~-006) FOR PAY~NT OF ~ES FOR PARCEL
MAP 13724, LOCATED ON THE SO~H SIDE OF FOOT~L BO~EV~D,
BETWEEN INTERSTATE 15 AND ETIWA~A A~NUE, SUBM~ED BY
FOOTHILL M~TPLACE
The agreement referenced in this item is no longer necessary. The developer
has made other arrangements to pay for their fees. It is requested that this
item be removed from the agenda.
DAB/dab
CXTY OF RANCHO CUCAIVfONGA ~,~ .~;.~
MEMORANDUM
DATE: February 1, 1994
TO: ~yor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Rick Gomez, Co~unity Development Director
BY Will Jam J. O'Neil, City Engineer
(CO 94-009) FOR BEARING D~CK/PA~ING
STRUC~E IMPROVEMENT PR~ECT, LOCATED AT 10500 CIVIC C~NT~R
DRIVe, TO B~ ~ND~D FROM RDA ACCOUNT NO. 17-15000 (ITEM D-4)
The proposed bid opening of February 1, 1994, for the subject project has been
extended to February 8, 1994. Therefore, the recommendation for award to be
considered by City Council at the regular Council meeting of February 2, 1994,
has been rescheduled for consideration at the regular Council meeting of
February 16, 1994.
A pre-bid meeting was held on January 31, 1994. The consensus of the
prospective bidders was that they would not be able to prepare a bid in time
for the proposed bid opening of 2:00 p.m., February 1, 1994. Also, that they
would not be able to obtain a bid bond prior to the proposed bid opening.
Based upon the results of the pre-bid meeting, staff believes it would be in
the best interest of the City to extend the bid opening. It is anticipated
that the additional time will be utilized to prepare a better bid.
RG:WJO:dlw