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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. 93-4 -2- 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. 93'4 -3- 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. 93-4 -4- 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. 93-4 -5- 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". 93-4 -6- 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. 93-4 -7- 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 93-4 -8- 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. 93-4 -9- 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. 93-4 -11- 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. 93-4 -12- 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. -13- 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. 93-4 -14- 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