Agenda packet — Fontana City Council, March 8, 2022 (part 1 of 2)

Tuesday, March 8, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. 1891 Reso No. 2022-014
WORKSHOP - 5:00 P.M.

CLOSED SESSION - 6:00 P.M.

REGULAR MEETING - 7:00 P.M.

Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia- Mayor Pro Tem
Phillip W. Cothran - Council Member
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Vacant - City Clerk
Janet Koehler-Brooks - City Treasurer
1 City Council Meeting Regular Agenda March 8, 2022
Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. A complete agenda packet is located in the binder on the table in the lobby of the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335 is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such a request to the City Clerk ’s Office at ( 909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection in the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335.

Traduccion en Espa ñol disponible a peticion. Favor de notificar al Departamento "City Clerk".

Para mayor informacion, favor de marcar el numero (909) 350-7602.

WORKSHOP:

A. 5:00 P.M. City Council Workshop
(A) Redistricting Public Hearing # 4: Direction on Selection of Map (National Demographic Corporation,Todd Tatum to
present);
(B) Public Communications:
(C) Agenda Review, and
(D) City Manager Comments
21-1235
Fontana Redistricting Public Hearing Notice 4
Public Hearing 4 Presentation.pptx
NDC Map 101.pdf
NDC Map 102.pdf
NDC Map 103.pdf
Map 104.pdf
Public Map 401.pdf
Public Map 402.pdf
Public Map 403.pdf
Public Map 601.pdf
Attachments:

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2 City Council Meeting Regular Agenda March 8, 2022
PUBLIC COMMUNICATION - CLOSED SESSION:

This is an opportunity for citizens to speak to the City Council for up to 3 minutes on the following Closed Session. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council.

A. Public Communications - Closed Session
CLOSED SESSION:

A. 6:00 P.M. CLOSED SESSION

Page 2 of 7 ends

3 City Council Meeting Regular Agenda March 8, 2022

PUBLIC EMPLOYEE APPOINTMENT
(Government Code section 54957(b)(1))
Title: City Manager

CONFERENCE WITH LABOR NEGOTIATORS PURSUANT
TO GOVERNMENT CODE SECTION 54957.6
City Negotiator: Ruben Duran, City Attorney
Unrepresented Employee: City Manager

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN 019116305, APN 019116324, APN 019116316,
APN 019116317 & APN 019116326
City Negotiator: Shannon Yauchzee, Interim City Manager Negotiating Parties: Bank of America
Under Negotiation: Price and terms of payment

CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiator: Shannon Yauchzee, Interim City Manager and Rakesha Thomas,
Director of Human Resources and Risk Management
Employee Organization(s): Teamsters Local 1932 City Hall Unit; Teamsters Local 1932 Yard Unit; Police Officers ’ Association; Police Management Association; Police
Benefit Association; Management/Confidential
CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(d)(1)
Case: Timothy Frydendall vs. City of Fontana Workers ’
Compensation
Claim Number: 210200060
CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(d)(1)
Case: Lucien Leyes, et. al v. City of Fontana
Claim Number: 2020-066 (a-C)

CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION (Paragraph (1) of subdivision (d) of
Section 54956.9)
Name of case: Sierra Club v. City of Fontana, et al. San Bernardino Superior Court
Case No. CIVSB2121605;
21-1222

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4 City Council Meeting Regular Agenda March 8, 2022
and People of the State of California v. City of Fontana, et al. San Bernardino Superior Court
Case No. CIVSB2121829
CALL TO ORDER/ROLL CALL:

A. 7:00 P.M. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Fontana Police Department Chaplain Victor Nolen / Pledge of Allegiance:

PROCLAMATION:

A. Proclamation
A. Mayor Warren and City Council to proclaim March 10,
2022 as Arbor Day (Public Works Manager, Dan West to
accept).
21-1220
SPECIAL PRESENTATIONS:

A. Special Presentations
A. Mayor Warren and City Council to recognize
Management Services Department for the receipt of the
California Society of Municipal Finance Officers (CSMFO) Operating Budget Meritorious and the Capital Budget
Excellence Award and the Government Finance Officers
Association (GFOA) Distinguished Budget Presentation
Award. (Interim Deputy City Manager Ray Ebert to present). 21-1236
PUBLIC COMMUNICATIONS:

This is an opportunity for members of the public to address the City Council for up to three (3) minutes total on items either on the Agenda or items not on the Agenda, but within the City Council's jurisdiction. Note that Public Hearing items have individual and specific public input opportunities during the public hearing and testimony on those items will only be taken during the public hearing. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council.

A. Public Communications
CONSENT CALENDAR:

All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for discussion.

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5 City Council Meeting Regular Agenda March 8, 2022
A. Approval of Minutes 21-1237
Approve the minutes of the February 22, 2022, Regular City Council Meeting.

Regular Meeting Minutes - 02.22.2022.pdfAttachments:

B. Approval of Final Map for Tract No. 20362 within the Arboretum Specific Plan
21-1179
Approve the Final Map for Tract No. 20362 located north of Casa Grande Avenue, west of Sierra Avenue, south of Duncan Canyon Road, and east of Cypress Avenue within the Arboretum Specific Plan; accept as public dedicated streets and easements; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider.

TM 20362 - VICINITY MAP.pdf
TR 20362 Subdivision Improvement Agreement W. Bonds.pdf TRACT MAP 20362.pdf
Attachments:

C. Approve replacement of securities for Tract No. 20018. 21-1182 Approve replacement of securities for infrastructure improvements of Tract No. 20018 and authorize the City Manager to enter into a Subdivision Agreement with D.R. Horton Los Angeles Holding Company, Inc. for construction of infrastructure improvements.

TM 20018 - VICINITY MAP.pdf
TRACT 20018 Subdivision Improvement Agreement Bond
Replacement.pdf
Attachments:

D. Resolution Ratifying the 2021-2024 Memorandum of
Understanding for the Teamsters Local 1932, City Hall
Bargaining Unit
21-1193
Adopt Resolution No. 2022-_____, a resolution of the City Council of the City of Fontana ratifying the Memorandum of Understanding between the City of Fontana and the Teamsters Local 1932, City Hall Bargaining Unit.

City Hall Salary Table 03/12/2022
Resolution Ratifying Teamsters Local 1932, City Hall Unit MOU Teamsters Local 1932, City Hall Unit MOU
Attachments:

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6 City Council Meeting Regular Agenda March 8, 2022
E. Resolution Ratifying the 2020-2024 Memorandum of
Understanding for the Teamsters Local 1932, Public Works Bargaining Unit
21-1194
Adopt Resolution No. 2022-_____, a resolution of the City Council of the City of Fontana ratifying the Memorandum of Understanding between the City of Fontana and the Teamsters Local 1932, Public Works Bargaining Unit Public Works Salary Table 03/12/2022
Resolution Ratifying Teamsters Local 1932, Public Works Unit MOU
Teamsters Local 1932, Public Works Unit MOU
Attachments:

F. American Rescue Plan Act Recommended Expenditure Plan 21-1233 Approve the American Rescue Plan Act Recommended Expenditure Plan in the amount of $50,257,113 and associated budget adjustments.

Attachment A.pdf
Attachment B.xlsx
Attachments:

Approve Consent Calendar Item as recommended by staff.

NEW BUSINESS:

A. New Business
A. Orally Report Compensation and Approve City Manager
Employment Agreement
21-1246
Orally Report a Summary of Compensation and Approve Employment Agreement Appointing City Manager, effective April ___, 2022, and Setting Compensation and Other Terms of Employment.

City Manager Employment Agreement.PDFAttachments:

B. Miscellaneous Project No. 22 - 001- Review of 2021 General Plan Annual Progress Report
21-1213
Direct staff to submit the 2021 General Plan Annual Progress Report to the Governor's Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD).

Attachment No. 1 - General Plan Annual Report.pdf
Attachment No. 2 Housing Element Report for Granicus.pdf Attachments:

CITY MANAGER COMMUNICATIONS:

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7 City Council Meeting Regular Agenda March 8, 2022
A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on March 22, 2022, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

Page 7 of 7 ends

8 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1235 Agenda Date: 3/8/2022
Agenda #: Category: Workshop
City Council Workshop
Tuesday, March 8, 2022
5:00 P.M.

Council Chambers
City Council
Acquanetta Warren, Mayor
Peter A. Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Printed on 3/3/2022Page 1 of 1
powered by Legistar™
9 NOTICE OF CITY COUNCIL PUBLIC HEARING

TO REECIVE PUBLIC INPUT AND PROPOSALS REGARDING

CITY COUNCIL DISTRICT BOUNDARIES

NOTICE IS HEREBY GIVEN that, pursuant to California Elections Code Section EC 22001, the Mayor and City Council of the City of Fontana will hold a public hearing to receive input regarding redistricting of Council Member districts.

Public Hearing #4 is scheduled as follows:

DATE: March 8, 2022
TIME: 5:00 p.m.

LOCATION: City Council Chambers; 8353 Sierra Avenue, Fontana, California 92335

The public is invited to attend an informational presentation from National Demographics Corporation (NDC) and presentation on NDC draft maps and maps submitted by the public.

Public input will also be received at this meeting.

Questions or input may also be emailed to: [email protected] Complete redistricting information can be found at www.fontana.org In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, contact the City Clerk’s Office at ( 909) 350-7602 at least three (3) working days before the meeting or time when such special services are needed. This notification will help City staff in making reasonable arrangements to provide you with access to the meeting.

If you need language translation assistance, contact the City Clerk’s Office at ( 909) 350-7602 at least 72 hours before the meeting.

/s/ Ashton R. Arocho, CMC
Deputy City Clerk

Publication: February 25, 2022; March 4, 2022

10 City of Fontana
Redistricting 2021-2022
2/8/2022 Todd Tatum
National Demographics Corporation
11 2
Redistricting Process
2*SB 594 would explicitly confirm maps may be adopted by resolution.

Step Description
Two Initial Hearings
October 12 & October 26
Held prior to release of draft maps.

Education and to solicit input on the communities in the Districts.

Census Data Release
Mid/Late August
Census Bureau releases official 2020 Census population data.

California Data Release
Early October 2021
California Statewide Database releases California’s official ‘prisoner- adjusted’ 2020 redistricting data.

Two Draft Map Hearings
January 25 & March 8
Two Public Hearings to discuss and revise the draft maps and to discuss the election sequence.

Map Adoption
By April 17, 2022
Final map must be posted at least 7 days prior to adoption.

Map adopted via ordinance.*
12 3
Equal Population
Federal Voting Rights Act
No Racial Gerrymandering
Minimize voters shifted to
different election years
Respect voters’ choices /
continuity in office
Future population growth
Preserving the core of existing
districts

1. Federal Laws 2. California Criteria for
Cities (rank ordered)

1.Geographically contiguous

2.Undivided neighborhoods and
“communities of interest”
(Socio-economic geographic areas that
should be kept together)

3.Easily identifiable boundaries

4.Compact
(Do not bypass one group of people to
get to a more distant group of people)
Prohibited:
“Shall not favor or discriminate against
a political party.”

3. Other Traditional
Redistricting Principles
3 Redistricting Rules and Goals
13 4
Initial Draft Maps
 Three initial draft maps have been developed by NDC, and 2 draft maps submitted from the Public.
 All of the maps created by NDC have a deviation under the required 10%.
 NDC Map 101 has a deviation of 3.85%
 NDC Map 102 has a deviation of 4.70%
 NDC Map 103 has a deviation of 4.28%
 NDC Map 104 has a deviation of 3.43%
 Public Map 401 has a deviation of 4.78%
 Public Map 402 has a deviation of 4.93%
 Public Map 403 has a deviation of 0.11%
 Public Map 601 has a deviation of 21.49% (a 6 district Map)  Existing Districts deviation is 12.16%
14 5
NDC Draft Map 101
15 6
NDC Map 101 Demographics
Fontana Map 101
District 1 2 3 4 Total
Total Pop 52,751 53,041 52,237 51,031 209,060
Deviation from ideal 486 776 -28 -1,234 2,010
% Deviation 0.93% 1.48% -0.05% -2.36% 3.85%
Total Pop
% Hisp 47.9% 72% 75% 76% 68%
% NH White 20% 9% 12% 8% 12%
% NH Black 13% 9% 6% 7% 9%
% Asian-American 15% 8% 5% 7% 9%
Citizen Voting Age Pop
Total 34,285 26,950 28,076 32,285 121,597
% Hisp 49% 67% 69% 69% 63%
% NH White 22% 16% 19% 13% 18%
% NH Black 17% 9% 7% 11% 11%
% Asian/Pac.Isl. 10% 7% 4% 5% 7%
Voter Registration (Nov
2020)
Total 31,188 21,928 25,280 24,571 102,967
% Latino est. 45% 63% 67% 70% 60%
% Spanish-Surnamed 40% 58% 61% 63% 54%
% Asian-Surnamed 5% 3% 2% 2% 3%
% Filipino-Surnamed 3% 3% 2% 2% 2%
% NH White est. 30% 22% 26% 17% 24%
% NH Black 21% 13% 9% 14% 15%
Voter Turnout (Nov
2020)
Total 24,958 15,394 17,922 17,832 76,106
% Latino est. 43% 60% 65% 68% 57%
% Spanish-Surnamed 39% 55% 59% 61% 52%
% Asian-Surnamed 4% 3% 2% 3% 3%
% Filipino-Surnamed 3% 3% 2% 2% 2%
% NH White est. 31% 23% 27% 17% 25%
% NH Black 21% 14% 9% 15% 16%
16 7
NDC Draft Map 102
17 8
NDC Map 102 Demographics
Fontana Map 102
District 1 2 3 4 Total
Total Pop 52,259 52,411 50,966 53,424 209,060
Deviation from ideal -6 146 -1,299 1,159 2,458
% Deviation -0.01% 0.28% -2.49% 2.22% 4.70%
Total Pop
% Hisp 51.4% 82% 61% 76% 68%
% NH White 17% 7% 16% 10% 12%
% NH Black 14% 6% 10% 7% 9%
% Asian-American 15% 3% 11% 5% 9%
Citizen Voting Age Pop
Total 33,385 28,340 28,835 31,036 121,597
% Hisp 54% 76% 57% 66% 63%
% NH White 18% 13% 22% 17% 18%
% NH Black 17% 9% 9% 11% 11%
% Asian/Pac.Isl. 9% 2% 10% 5% 7%
Voter Registration (Nov
2020)
Total 30,012 20,943 27,290 24,722 102,967
% Latino est. 48% 74% 55% 68% 60%
% Spanish-Surnamed 43% 67% 50% 62% 54%
% Asian-Surnamed 5% 1% 4% 2% 3%
% Filipino-Surnamed 3% 1% 3% 2% 2%
% NH White est. 26% 17% 30% 22% 24%
% NH Black 22% 11% 12% 12% 15%
Voter Turnout (Nov
2020)
Total 23,634 14,148 20,679 17,645 76,106
% Latino est. 46% 72% 53% 66% 57%
% Spanish-Surnamed 42% 66% 48% 60% 52%
% Asian-Surnamed 4% 1% 4% 2% 3%
% Filipino-Surnamed 3% 1% 3% 2% 2%
% NH White est. 27% 18% 31% 22% 25%
% NH Black 22% 11% 13% 13% 16%
18 9
NDC Draft Map 103
19 10
NDC Map 103 Demographics
Fontana Map 103
District 1 2 3 4 Total
Total Pop 52,363 52,735 50,862 53,100 209,060
Deviation from ideal 98 470 -1,403 835 2,238
% Deviation 0.19% 0.90% -2.68% 1.60% 4.28%
Total Pop
% Hisp 51.7% 83% 60% 76% 68%
% NH White 19% 7% 14% 10% 12%
% NH Black 12% 6% 11% 7% 9%
% Asian-American 14% 3% 12% 5% 9%
Citizen Voting Age Pop
Total 33,408 28,362 28,812 31,014 121,597
% Hisp 51% 76% 60% 66% 63%
% NH White 22% 13% 18% 17% 18%
% NH Black 16% 8% 10% 11% 11%
% Asian/Pac.Isl. 9% 2% 11% 5% 7%
Voter Registration (Nov
2020)
Total 30,068 21,006 27,234 24,659 102,967
% Latino est. 47% 74% 56% 68% 60%
% Spanish-Surnamed 43% 68% 51% 62% 54%
% Asian-Surnamed 4% 1% 4% 2% 3%
% Filipino-Surnamed 3% 1% 3% 2% 2%
% NH White est. 29% 18% 26% 21% 24%
% NH Black 19% 10% 15% 13% 15%
Voter Turnout (Nov
2020)
Total 23,868 14,173 20,445 17,620 76,106
% Latino est. 46% 72% 53% 66% 57%
% Spanish-Surnamed 42% 66% 49% 60% 52%
% Asian-Surnamed 4% 1% 4% 2% 3%
% Filipino-Surnamed 3% 1% 3% 2% 2%
% NH White est. 30% 18% 27% 22% 25%
% NH Black 20% 11% 16% 13% 16%
20 11
Map 104
Date
21 12
Map 104 Demographics
Fontana Map 104
District 1 2 3 4 Total
Total Pop 51,169 52,337 52,964 52,590 209,060
Deviation from ideal -1,096 72 699 325 1,795
% Deviation -2.10% 0.14% 1.34% 0.62% 3.43%
Total Pop
% Hisp 47.5% 64% 79% 80% 68%
% NH White 20% 12% 7% 10% 12%
% NH Black 14% 10% 7% 5% 9%
% Asian-American 16% 11% 5% 3% 9%
Citizen Voting Age Pop
Total 33,243 28,618 31,391 28,345 121,597
% Hisp 48% 63% 73% 69% 63%
% NH White 22% 18% 12% 18% 18%
% NH Black 17% 9% 11% 8% 11%
% Asian/Pac.Isl. 10% 10% 3% 4% 7%
Voter Registration (Nov
2020)
Total 30,251 26,653 23,739 22,324 102,967
% Latino est. 44% 59% 71% 71% 60%
% Spanish-Surnamed 40% 54% 64% 64% 54%
% Asian-Surnamed 5% 4% 2% 2% 3%
% Filipino-Surnamed 3% 3% 2% 1% 2%
% NH White est. 30% 25% 17% 23% 24%
% NH Black 21% 13% 13% 9% 15%
Voter Turnout (Nov
2020)
Total 24,220 19,791 16,780 15,315 76,106
% Latino est. 43% 57% 69% 69% 57%
% Spanish-Surnamed 39% 52% 63% 62% 52%
% Asian-Surnamed 4% 4% 2% 2% 3%
% Filipino-Surnamed 3% 3% 2% 1% 2%
% NH White est. 31% 26% 17% 24% 25%
% NH Black 22% 14% 14% 10% 16%
22 13
Public Map 401
23 14
Public Map 401 Demographics
Fontana Public Map 401
District 1 2 3 4 Total
Total Pop 53,311 52,670 52,266 50,813 209,060
Deviation from ideal 1,046 405 1 -1,452 2,498
% Deviation 2.00% 0.77% 0.00% -2.78% 4.78%
Total Pop
% Hisp 43.0% 75% 78% 76% 68%
% NH White 22% 11% 8% 9% 12%
% NH Black 15% 7% 7% 7% 9%
% Asian-American 17% 5% 5% 7% 9%
Citizen Voting Age Pop
Total 34,282 29,061 26,112 32,141 121,597
% Hisp 43% 70% 74% 69% 63%
% NH White 26% 15% 14% 14% 18%
% NH Black 17% 8% 8% 11% 11%
% Asian/Pac.Isl. 12% 5% 3% 5% 7%
Voter Registration (Nov
2020)
Total 32,757 24,737 21,065 24,408 102,967
% Latino est. 41% 69% 69% 69% 60%
% Spanish-Surnamed 37% 62% 63% 62% 54%
% Asian-Surnamed 5% 2% 2% 3% 3%
% Filipino-Surnamed 3% 2% 2% 2% 2%
% NH White est. 33% 22% 20% 18% 24%
% NH Black 20% 11% 12% 14% 15%
Voter Turnout (Nov
2020)
Total 26,526 17,405 14,425 17,750 76,106
% Latino est. 40% 66% 67% 67% 57%
% Spanish-Surnamed 36% 61% 61% 61% 52%
% Asian-Surnamed 5% 2% 2% 3% 3%
% Filipino-Surnamed 3% 2% 2% 2% 2%
% NH White est. 34% 23% 21% 18% 25%
% NH Black 20% 12% 12% 15% 16%
24 15
Public Map 402
25 16
Public Map 402 Demographics
Fontana Public Map 402
District 1 2 3 4 Total
Total Pop 51,169 51,810 52,337 53,744 209,060
Deviation from ideal -1,096 -455 72 1,479 2,575
% Deviation -2.10% -0.87% 0.14% 2.83% 4.93%
Total Pop
% Hisp 47.5% 78% 64% 80% 68%
% NH White 20% 8% 12% 10% 12%
% NH Black 14% 7% 10% 5% 9%
% Asian-American 16% 5% 11% 3% 9%
Citizen Voting Age Pop
Total 33,243 31,731 28,618 28,004 121,597
% Hisp 48% 72% 63% 70% 63%
% NH White 22% 13% 18% 17% 18%
% NH Black 17% 11% 9% 8% 11%
% Asian/Pac.Isl. 10% 4% 10% 4% 7%
Voter Registration (Nov
2020)
Total 30,251 23,892 26,653 22,171 102,967
% Latino est. 44% 71% 59% 71% 60%
% Spanish-Surnamed 40% 64% 54% 64% 54%
% Asian-Surnamed 5% 2% 4% 1% 3%
% Filipino-Surnamed 3% 2% 3% 1% 2%
% NH White est. 30% 18% 25% 22% 24%
% NH Black 21% 13% 13% 9% 15%
Voter Turnout (Nov
2020)
Total 24,220 17,052 19,791 15,043 76,106
% Latino est. 43% 69% 57% 69% 57%
% Spanish-Surnamed 39% 63% 52% 63% 52%
% Asian-Surnamed 4% 2% 4% 1% 3%
% Filipino-Surnamed 3% 2% 3% 1% 2%
% NH White est. 31% 18% 26% 23% 25%
% NH Black 22% 14% 14% 9% 16%
26 17
Public Map 403
Date
27 18
Public Map 403 Demographics
Fontana Public Map 403
District 1 2 3 4 Total
Total Pop 52,287 52,258 52,231 52,284 209,060
Deviation from ideal 22 -7 -34 19 56
% Deviation 0.04% -0.01% -0.07% 0.04% 0.11%
Total Pop
% Hisp 79.4% 78% 52% 62% 68%
% NH White 8% 10% 17% 15% 12%
% NH Black 6% 6% 13% 11% 9%
% Asian-American 5% 4% 15% 11% 9%
Citizen Voting Age Pop
Total 31,627 28,515 32,806 28,649 121,597
% Hisp 74% 67% 54% 56% 63%
% NH White 13% 18% 18% 23% 18%
% NH Black 9% 9% 17% 11% 11%
% Asian/Pac.Isl. 3% 5% 9% 10% 7%
Voter Registration (Nov
2020)
Total 23,689 23,449 29,753 26,076 102,967
% Latino est. 72% 71% 48% 54% 60%
% Spanish-Surnamed 65% 64% 43% 49% 54%
% Asian-Surnamed 2% 2% 5% 4% 3%
% Filipino-Surnamed 2% 2% 3% 3% 2%
% NH White est. 18% 22% 26% 30% 24%
% NH Black 12% 10% 22% 14% 15%
Voter Turnout (Nov
2020)
Total 16,710 16,343 23,371 19,682 76,106
% Latino est. 70% 69% 46% 51% 57%
% Spanish-Surnamed 64% 62% 42% 46% 52%
% Asian-Surnamed 2% 2% 4% 4% 3%
% Filipino-Surnamed 2% 2% 3% 3% 2%
% NH White est. 18% 23% 27% 32% 25%
% NH Black 13% 10% 22% 14% 16%
28 19
Public Map 601
29 20
Public Map 601 Demographics
Fontana Public Map 601
District 1 2 3 4 5 6 Total
Total Pop 40,289 34,501 35,437 33,102 32,800 32,931 209,060 Deviation from ideal 5,446 -342 594 -1,741 -2,043 -1,912 7,489 % Deviation 15.63% -0.98% 1.70% -5.00% -5.86% -5.49% 21.49% Total Pop
% Hisp 43.9% 55% 75% 83% 83% 72% 68%
% NH White 22% 16% 9% 8% 9% 8% 12%
% NH Black 14% 12% 8% 6% 4% 9% 9%
% Asian-American 17% 14% 6% 2% 3% 8% 9%
Citizen Voting Age Pop
Total 24,821 22,080 19,501 15,310 18,886 20,999 121,597 % Hisp 44% 55% 72% 76% 74% 65% 63%
% NH White 27% 18% 13% 16% 17% 12% 18%
% NH Black 14% 17% 9% 6% 5% 15% 11%
% Asian/Pac.Isl. 14% 8% 6% 1% 2% 7% 7%
Voter Registration (Nov
2020)
Total 24,266 19,512 16,485 12,008 13,554 17,142 102,967 % Latino est. 42% 50% 70% 73% 75% 67% 60%
% Spanish-Surnamed 38% 46% 63% 66% 68% 60% 54%
% Asian-Surnamed 5% 4% 2% 1% 1% 3% 3%
% Filipino-Surnamed 3% 3% 2% 1% 1% 2% 2%
% NH White est. 35% 25% 20% 22% 23% 15% 24%
% NH Black 18% 21% 12% 8% 5% 18% 15%
Voter Turnout (Nov
2020)
Total 19,653 15,242 11,422 7,787 9,154 12,848 76,106
% Latino est. 41% 49% 68% 71% 74% 65% 57%
% Spanish-Surnamed 37% 44% 62% 64% 67% 59% 52%
% Asian-Surnamed 5% 4% 2% 1% 1% 3% 3%
% Filipino-Surnamed 3% 3% 2% 1% 1% 3% 2%
% NH White est. 36% 25% 21% 24% 23% 16% 25%
% NH Black 18% 22% 12% 8% 5% 19% 16%
30 21
Simple Map Review Tool
Online Interactive Review Map
 ESRI’s “ArcGIS Online” – similar to Google Maps in ease of use  Used to review, analyze and compare maps, not to create them  Includes overlays of “community of interest” and other data 21 31
22 Discussion
 Conduct a Public Hearing
 Any questions on the Draft Maps?
 Provide direction on what map the Council prefers or
new map the Council would like see at the next hearing
32 2
3 1
4 Fontana
15 10
Foothill Blvd
Sierra Ave
Summit Ave
Sierra Ave
San Bernardino Ave
Citrus Ave
Cypress Ave
Citrus Ave
Oleander Ave
Jurupa Ave
Santa Ana Ave
Slover Ave
Elm Ave
Cataw
ba Ave
Cherry Ave
Lytle Creek Rd
San Sevaine Rd
Carter Ave
Merrill Ave
Randall Ave
Juniper Ave
Miller Ave
Baseline Ave
Arrow Blvd
Walnut St
�2021 CALIPER
33 Map 101
District 1
Total Pop 52,751
Deviation from ideal 486
% Deviation 0.93%
% Hisp 47.9%
% NH White 20%
% NH Black 13%
% Asian-American 15%
Total 34,285
% Hisp 49%
% NH White 22%
% NH Black 17%
% Asian/Pac.Isl. 10%
Total 31,188
% Latino est. 45%
% Spanish-Surnamed 40%
% Asian-Surnamed 5%
% Filipino-Surnamed 3%
% NH White est. 30%
% NH Black 21%
Total 24,958
% Latino est. 43%
% Spanish-Surnamed 39%
% Asian-Surnamed 4%
% Filipino-Surnamed 3%
% NH White est. 31%
% NH Black 21%
Total 14,804
% Latino est. 39%
% Spanish-Surnamed 36%
% Asian-Surnamed 3%
% Filipino-Surnamed 2%
% NH White est. 33%
% NH Black est. 23%
ACS Pop. Est. Total 53,339
age0-19 32%
age20-60 56%
age60plus 13%
immigrants 21%
naturalized 60%
english 58%
spanish 30%
asian-lang 9%
other lang 3%
Language Fluency Speaks Eng. "Less than Very Well" 12%
hs-grad 51%
bachelor 21%
graduatedegree 8%
Child in Household child-under18 52%
Pct of Pop. Age 16+ employed 66%
income 0-25k 6%
income 25-50k 11%
income 50-75k 17%
income 75-200k 52%
income 200k-plus 13%
single family 98%
multi-family 2%
rented 16%
owned 84%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

1.48%
72%
9%
9%
8%
26,950
67%
16%
9%
7%
21,928
63%
58%
3%
3%
22%
13%
15,394
60%
55%
3%
3%
23%
14%
8,282
57%
52%
3%
2%
25%
15%
52,695
35%
55%
10%
31%
40%
34%
61%
4%
2%
23%
50%
11%
4%
56%
68%
18%
20%
21%
37%
4%
70%
30%
52%
48%
3 52,237
-28
-0.05%
75%
12%
6%
5%
28,076
69%
19%
7%
4%
25,280
67%
61%
2%
2%
26%
9%
17,922
65%
59%
2%
2%
27%
9%
9,576
60%
55%
1%
1%
30%
10%
49,778
31%
56%
14%
28%
43%
38%
57%
3%
2%
22%
52%
9%
3%
47%
63%
16%
22%
24%
35%
4%
80%
20%
39%
61%
4 51,031
-1,234
-2.36%
76%
8%
7%
7%
32,285
69%
13%
11%
5%
24,571
70%
63%
2%
2%
17%
14%
17,832
68%
61%
3%
2%
17%
15%
10,103
64%
59%
2%
2%
19%
16%
54,054
32%
58%
11%
27%
51%
37%
58%
3%
2%
19%
53%
13%
3%
51%
67%
14%
19%
19%
44%
3%
88%
12%
33%
67%
Total
209,060
2,010

3.85%
68%
12%
9%
9%
121,597
63%
18%
11%
7%
102,967
60%
54%
3%
2%
24%
15%
76,106
57%
52%
3%
2%
25%
16%
42,765
53%
49%
2%
2%
28%
17%
209,867
32%
56%
12%
27%
48%
42%
51%
5%
2%
19%
51%
14%
4%
52%
66%
14%
18%
20%
42%
6%
84%
16%
35%
65%
01/12/2022 17:16 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
34 1
4 3
2 Fontana
15 10
Foothill Blvd
Sierra Ave
Summit Ave
Sierra Ave
San Bernardino Ave
Citrus Ave
Cypress Ave
Citrus Ave
Oleander Ave
Jurupa Ave
Santa Ana Ave
Slover Ave
Elm Ave
Cataw
ba Ave
Cherry Ave
Lytle Creek Rd
San Sevaine Rd
Carter Ave
Merrill Ave
Randall Ave
Juniper Ave
Miller Ave
Baseline Ave
Arrow Blvd
Walnut St
�2021 CALIPER
35 Map 102
District 1
Total Pop 52,259
Deviation from ideal -6
% Deviation -0.01%
% Hisp 51.4%
% NH White 17%
% NH Black 14%
% Asian-American 15%
Total 33,385
% Hisp 54%
% NH White 18%
% NH Black 17%
% Asian/Pac.Isl. 9%
Total 30,012
% Latino est. 48%
% Spanish-Surnamed 43%
% Asian-Surnamed 5%
% Filipino-Surnamed 3%
% NH White est. 26%
% NH Black 22%
Total 23,634
% Latino est. 46%
% Spanish-Surnamed 42%
% Asian-Surnamed 4%
% Filipino-Surnamed 3%
% NH White est. 27%
% NH Black 22%
Total 13,773
% Latino est. 43%
% Spanish-Surnamed 39%
% Asian-Surnamed 3%
% Filipino-Surnamed 2%
% NH White est. 29%
% NH Black est. 24%
ACS Pop. Est. Total 53,066
age0-19 32%
age20-60 56%
age60plus 12%
immigrants 22%
naturalized 57%
english 54%
spanish 36%
asian-lang 8%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 14%
hs-grad 52%
bachelor 18%
graduatedegree 7%
Child in Household child-under18 54%
Pct of Pop. Age 16+ employed 66%
income 0-25k 7%
income 25-50k 11%
income 50-75k 20%
income 75-200k 52%
income 200k-plus 10%
single family 97%
multi-family 3%
rented 19%
owned 81%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

0.28%
82%
7%
6%
3%
28,340
76%
13%
9%
2%
20,943
74%
67%
1%
1%
17%
11%
14,148
72%
66%
1%
1%
18%
11%
7,766
69%
64%
1%
2%
19%
11%
55,604
34%
57%
9%
32%
39%
29%
68%
1%
1%
24%
52%
9%
2%
55%
68%
18%
23%
23%
34%
2%
71%
29%
52%
48%
3 50,966
-1,299
-2.49%
61%
16%
10%
11%
28,835
57%
22%
9%
10%
27,290
55%
50%
4%
3%
30%
12%
20,679
53%
48%
4%
3%
31%
13%
11,180
48%
45%
3%
2%
34%
14%
48,050
31%
56%
13%
26%
53%
48%
42%
7%
3%
19%
51%
16%
6%
48%
68%
10%
16%
16%
48%
10%
92%
8%
27%
73%
4 53,424
1,159

2.22%
76%
10%
7%
5%
31,036
66%
17%
11%
5%
24,722
68%
62%
2%
2%
22%
12%
17,645
66%
60%
2%
2%
22%
13%
10,046
60%
55%
1%
2%
26%
14%
53,147
31%
56%
13%
27%
46%
37%
58%
3%
2%
20%
51%
11%
3%
49%
63%
19%
21%
22%
35%
3%
78%
22%
39%
61%
Total
209,060
2,458

4.70%
68%
12%
9%
9%
121,597
63%
18%
11%
7%
102,967
60%
54%
3%
2%
24%
15%
76,106
57%
52%
3%
2%
25%
16%
42,765
53%
49%
2%
2%
28%
17%
209,867
32%
56%
12%
27%
48%
42%
51%
5%
2%
19%
51%
14%
4%
52%
66%
14%
18%
20%
42%
6%
84%
16%
35%
65%
01/12/2022 17:45 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
36 1
4 3
2 Fontana
15 10
Foothill Blvd
Sierra Ave
Summit Ave
Sierra Ave
San Bernardino Ave
Citrus Ave
Cypress Ave
Citrus Ave
Oleander Ave
Jurupa Ave
Santa Ana Ave
Slover Ave
Elm Ave
Cataw
ba Ave
Cherry Ave
Lytle Creek Rd
San Sevaine Rd
Carter Ave
Merrill Ave
Randall Ave
Juniper Ave
Miller Ave
Baseline Ave
Arrow Blvd
Walnut St
�2021 CALIPER
37 Map 103
District 1
Total Pop 52,363
Deviation from ideal 98
% Deviation 0.19%
% Hisp 51.7%
% NH White 19%
% NH Black 12%
% Asian-American 14%
Total 33,408
% Hisp 51%
% NH White 22%
% NH Black 16%
% Asian/Pac.Isl. 9%
Total 30,068
% Latino est. 47%
% Spanish-Surnamed 43%
% Asian-Surnamed 4%
% Filipino-Surnamed 3%
% NH White est. 29%
% NH Black 19%
Total 23,868
% Latino est. 46%
% Spanish-Surnamed 42%
% Asian-Surnamed 4%
% Filipino-Surnamed 3%
% NH White est. 30%
% NH Black 20%
Total 14,031
% Latino est. 42%
% Spanish-Surnamed 38%
% Asian-Surnamed 3%
% Filipino-Surnamed 2%
% NH White est. 33%
% NH Black est. 22%
ACS Pop. Est. Total 52,452
age0-19 32%
age20-60 55%
age60plus 13%
immigrants 22%
naturalized 58%
english 55%
spanish 35%
asian-lang 8%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 13%
hs-grad 50%
bachelor 19%
graduatedegree 8%
Child in Household child-under18 51%
Pct of Pop. Age 16+ employed 67%
income 0-25k 8%
income 25-50k 12%
income 50-75k 17%
income 75-200k 51%
income 200k-plus 12%
single family 97%
multi-family 3%
rented 20%
owned 80%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

0.90%
83%
7%
6%
3%
28,362
76%
13%
8%
2%
21,006
74%
68%
1%
1%
18%
10%
14,173
72%
66%
1%
1%
18%
11%
7,774
69%
64%
1%
2%
20%
11%
55,782
34%
57%
9%
32%
39%
29%
68%
1%
1%
24%
52%
9%
2%
55%
67%
18%
24%
23%
34%
2%
71%
29%
53%
47%
3 50,862
-1,403
-2.68%
60%
14%
11%
12%
28,812
60%
18%
10%
11%
27,234
56%
51%
4%
3%
26%
15%
20,445
53%
49%
4%
3%
27%
16%
10,922
49%
46%
3%
2%
29%
17%
48,664
32%
56%
12%
25%
52%
47%
43%
7%
3%
19%
52%
15%
6%
51%
67%
9%
15%
19%
49%
8%
91%
9%
27%
73%
4 53,100
835

1.60%
76%
10%
7%
5%
31,014
66%
17%
11%
5%
24,659
68%
62%
2%
2%
21%
13%
17,620
66%
60%
2%
2%
22%
13%
10,038
60%
55%
1%
2%
25%
14%
52,970
31%
56%
13%
27%
47%
38%
57%
3%
2%
19%
52%
11%
3%
49%
64%
19%
20%
22%
36%
3%
78%
22%
39%
61%
Total
209,060
2,238

4.28%
68%
12%
9%
9%
121,597
63%
18%
11%
7%
102,967
60%
54%
3%
2%
24%
15%
76,106
57%
52%
3%
2%
25%
16%
42,765
53%
49%
2%
2%
28%
17%
209,867
32%
56%
12%
27%
48%
42%
51%
5%
2%
19%
51%
14%
4%
52%
66%
14%
18%
20%
42%
6%
84%
16%
35%
65%
01/12/2022 18:01 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
38 4
21 3
Fontana
15 10
Foothill Blvd
Sierra Ave
Summit Ave
Sierra Ave
San Bernardino Ave
Citrus Ave
Cypress Ave
Citrus Ave
Oleander Ave
Jurupa Ave
Santa Ana Ave
Slover Ave
Elm Ave
Cataw
ba Ave
Cherry Ave
Lytle Creek Rd
San Sevaine Rd
Carter Ave
Merrill Ave
Randall Ave
Juniper Ave
Baseline Ave
Arrow Blvd
Walnut St
�2021 CALIPER
39 Map 104
District 1
Total Pop 51,169
Deviation from ideal -1,096
% Deviation -2.10%
% Hisp 47.5%
% NH White 20%
% NH Black 14%
% Asian-American 16%
Total 33,243
% Hisp 48%
% NH White 22%
% NH Black 17%
% Asian/Pac.Isl. 10%
Total 30,251
% Latino est. 44%
% Spanish-Surnamed 40%
% Asian-Surnamed 5%
% Filipino-Surnamed 3%
% NH White est. 30%
% NH Black 21%
Total 24,220
% Latino est. 43%
% Spanish-Surnamed 39%
% Asian-Surnamed 4%
% Filipino-Surnamed 3%
% NH White est. 31%
% NH Black 22%
Total 14,370
% Latino est. 39%
% Spanish-Surnamed 36%
% Asian-Surnamed 3%
% Filipino-Surnamed 2%
% NH White est. 33%
% NH Black est. 24%
ACS Pop. Est. Total 51,798
age0-19 32%
age20-60 56%
age60plus 13%
immigrants 21%
naturalized 60%
english 58%
spanish 30%
asian-lang 9%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 12%
hs-grad 51%
bachelor 21%
graduatedegree 8%
Child in Household child-under18 51%
Pct of Pop. Age 16+ employed 66%
income 0-25k 6%
income 25-50k 11%
income 50-75k 17%
income 75-200k 52%
income 200k-plus 14%
single family 98%
multi-family 2%
rented 16%
owned 84%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

1.34%
79%
7%
7%
5%
31,391
73%
12%
11%
3%
23,739
71%
64%
2%
2%
17%
13%
16,780
69%
63%
2%
2%
17%
14%
9,297
66%
61%
2%
2%
19%
15%
57,187
33%
57%
9%
29%
45%
33%
63%
2%
2%
21%
52%
11%
3%
55%
68%
13%
20%
22%
42%
3%
82%
18%
39%
61%
4 52,590
325

0.62%
80%
10%
5%
3%
28,345
69%
18%
8%
4%
22,324
71%
64%
2%
1%
23%
9%
15,315
69%
62%
2%
1%
24%
10%
8,677
63%
58%
1%
1%
28%
10%
51,396
32%
55%
13%
30%
41%
34%
62%
2%
2%
23%
51%
9%
2%
48%
63%
23%
24%
23%
28%
2%
70%
30%
50%
50%
Total
209,060
1,795

3.43%
68%
12%
9%
9%
121,597
63%
18%
11%
7%
102,967
60%
54%
3%
2%
24%
15%
76,106
57%
52%
3%
2%
25%
16%
42,765
53%
49%
2%
2%
28%
17%
209,867
32%
56%
12%
27%
48%
42%
51%
5%
2%
19%
51%
14%
4%
52%
66%
14%
18%
20%
42%
6%
84%
16%
35%
65%
03/02/2022 16:01 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
40 3
2 1
4 Fontana
15 10
Foothill Blvd
Sierra Ave
Summit Ave
Sierra Ave
San Bernardino Ave
Citrus Ave
Cypress Ave
Citrus Ave
Oleander Ave
Jurupa Ave
Santa Ana Ave
Slover Ave
Elm Ave
Cataw
ba Ave
Cherry Ave
Lytle Creek Rd
San Sevaine Rd
Merrill Ave
Randall Ave
Juniper Ave
Miller Ave
Baseline Ave
Arrow Blvd
Walnut St
�2021 CALIPER
41 Public 401
District 1
Total Pop 53,311
Deviation from ideal 1,046
% Deviation 2.00%
% Hisp 43.0%
% NH White 22%
% NH Black 15%
% Asian-American 17%
Total 34,282
% Hisp 43%
% NH White 26%
% NH Black 17%
% Asian/Pac.Isl. 12%
Total 32,757
% Latino est. 41%
% Spanish-Surnamed 37%
% Asian-Surnamed 5%
% Filipino-Surnamed 3%
% NH White est. 33%
% NH Black 20%
Total 26,526
% Latino est. 40%
% Spanish-Surnamed 36%
% Asian-Surnamed 5%
% Filipino-Surnamed 3%
% NH White est. 34%
% NH Black 20%
Total 15,315
% Latino est. 36%
% Spanish-Surnamed 33%
% Asian-Surnamed 3%
% Filipino-Surnamed 3%
% NH White est. 36%
% NH Black est. 22%
ACS Pop. Est. Total 52,999
age0-19 32%
age20-60 56%
age60plus 12%
immigrants 20%
naturalized 63%
english 63%
spanish 24%
asian-lang 10%
other lang 3%
Language Fluency Speaks Eng. "Less than Very Well" 10%
hs-grad 51%
bachelor 22%
graduatedegree 9%
Child in Household child-under18 53%
Pct of Pop. Age 16+ employed 68%
income 0-25k 4%
income 25-50k 9%
income 50-75k 14%
income 75-200k 56%
income 200k-plus 17%
single family 98%
multi-family 2%
rented 17%
owned 83%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

0.77%
75%
11%
7%
5%
29,061
70%
15%
8%
5%
24,737
69%
62%
2%
2%
22%
11%
17,405
66%
61%
2%
2%
23%
12%
9,697
61%
56%
1%
1%
26%
13%
51,206
31%
56%
13%
28%
43%
38%
58%
3%
2%
22%
52%
10%
3%
49%
64%
16%
20%
25%
36%
3%
80%
20%
37%
63%
3 52,266
1 0.00%
78%
8%
7%
5%
26,112
74%
14%
8%
3%
21,065
69%
63%
2%
2%
20%
12%
14,425
67%
61%
2%
2%
21%
12%
7,705
64%
59%
1%
2%
23%
13%
51,991
35%
55%
10%
33%
38%
29%
68%
2%
2%
25%
50%
9%
3%
54%
65%
20%
22%
22%
34%
2%
69%
31%
52%
48%
4 50,813
-1,452
-2.78%
76%
9%
7%
7%
32,141
69%
14%
11%
5%
24,408
69%
62%
3%
2%
18%
14%
17,750
67%
61%
3%
2%
18%
15%
10,048
63%
58%
2%
2%
20%
16%
53,671
32%
57%
11%
26%
52%
38%
57%
3%
2%
19%
53%
13%
3%
51%
67%
15%
20%
20%
43%
3%
87%
13%
35%
65%
Total
209,060
2,498

4.78%
68%
12%
9%
9%
121,597
63%
18%
11%
7%
102,967
60%
54%
3%
2%
24%
15%
76,106
57%
52%
3%
2%
25%
16%
42,765
53%
49%
2%
2%
28%
17%
209,867
32%
56%
12%
27%
48%
42%
51%
5%
2%
19%
51%
14%
4%
52%
66%
14%
18%
20%
42%
6%
84%
16%
35%
65%
01/18/2022 10:35 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
42 4
31 2
Fontana
15 10
Foothill Blvd
Sierra Ave
Summit Ave
Sierra Ave
San Bernardino Ave
Citrus Ave
Cypress Ave
Citrus Ave
Oleander Ave
Jurupa Ave
Santa Ana Ave
Slover Ave
Elm Ave
Cataw
ba Ave
Cherry Ave
Lytle Creek Rd
San Sevaine Rd
Carter Ave
Merrill Ave
Randall Ave
Juniper Ave
Baseline Ave
Arrow Blvd
Walnut St
�2021 CALIPER
43 Public 402
District 1
Total Pop 51,169
Deviation from ideal -1,096
% Deviation -2.10%
% Hisp 47.5%
% NH White 20%
% NH Black 14%
% Asian-American 16%
Total 33,243
% Hisp 48%
% NH White 22%
% NH Black 17%
% Asian/Pac.Isl. 10%
Total 30,251
% Latino est. 44%
% Spanish-Surnamed 40%
% Asian-Surnamed 5%
% Filipino-Surnamed 3%
% NH White est. 30%
% NH Black 21%
Total 24,220
% Latino est. 43%
% Spanish-Surnamed 39%
% Asian-Surnamed 4%
% Filipino-Surnamed 3%
% NH White est. 31%
% NH Black 22%
Total 14,370
% Latino est. 39%
% Spanish-Surnamed 36%
% Asian-Surnamed 3%
% Filipino-Surnamed 2%
% NH White est. 33%
% NH Black est. 24%
ACS Pop. Est. Total 51,798
age0-19 32%
age20-60 56%
age60plus 13%
immigrants 21%
naturalized 60%
english 58%
spanish 30%
asian-lang 9%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 12%
hs-grad 51%
bachelor 21%
graduatedegree 8%
Child in Household child-under18 51%
Pct of Pop. Age 16+ employed 66%
income 0-25k 6%
income 25-50k 11%
income 50-75k 17%
income 75-200k 52%
income 200k-plus 14%
single family 98%
multi-family 2%
rented 16%
owned 84%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

2.83%
80%
10%
5%
3%
28,004
70%
17%
8%
4%
22,171
71%
64%
1%
1%
22%
9%
15,043
69%
63%
1%
1%
23%
9%
8,364
63%
58%
1%
1%
27%
10%
53,047
33%
55%
12%
30%
39%
32%
64%
2%
2%
23%
51%
8%
2%
50%
63%
22%
24%
25%
27%
2%
68%
32%
52%
48%
Total
209,060
2,575

4.93%
68%
12%
9%
9%
121,597
63%
18%
11%
7%
102,967
60%
54%
3%
2%
24%
15%
76,106
57%
52%
3%
2%
25%
16%
42,765
53%
49%
2%
2%
28%
17%
209,867
32%
56%
12%
27%
48%
42%
51%
5%
2%
19%
51%
14%
4%
52%
66%
14%
18%
20%
42%
6%
84%
16%
35%
65%
02/24/2022 17:57 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
44 3
2 4
1 Fontana
15 10
Foothill Blvd
Sierra Ave
Summit Ave
Sierra Ave
San Bernardino Ave
Citrus Ave
Cypress Ave
Citrus Ave
Oleander Ave
Jurupa Ave
Santa Ana Ave
Slover Ave
Elm Ave
Cataw
ba Ave
Cherry Ave
Lytle Creek Rd
San Sevaine Rd
Carter Ave
Merrill Ave
Randall Ave
Juniper Ave
Miller Ave
Baseline Ave
Arrow Blvd
Walnut St
�2021 CALIPER
45 Public 403
District 1
Total Pop 52,287
Deviation from ideal 22
% Deviation 0.04%
% Hisp 79.4%
% NH White 8%
% NH Black 6%
% Asian-American 5%
Total 31,627
% Hisp 74%
% NH White 13%
% NH Black 9%
% Asian/Pac.Isl. 3%
Total 23,689
% Latino est. 72%
% Spanish-Surnamed 65%
% Asian-Surnamed 2%
% Filipino-Surnamed 2%
% NH White est. 18%
% NH Black 12%
Total 16,710
% Latino est. 70%
% Spanish-Surnamed 64%
% Asian-Surnamed 2%
% Filipino-Surnamed 2%
% NH White est. 18%
% NH Black 13%
Total 9,375
% Latino est. 67%
% Spanish-Surnamed 61%
% Asian-Surnamed 2%
% Filipino-Surnamed 2%
% NH White est. 20%
% NH Black est. 13%
ACS Pop. Est. Total 56,984
age0-19 33%
age20-60 58%
age60plus 9%
immigrants 29%
naturalized 46%
english 32%
spanish 64%
asian-lang 2%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 21%
hs-grad 51%
bachelor 12%
graduatedegree 2%
Child in Household child-under18 54%
Pct of Pop. Age 16+ employed 68%
income 0-25k 15%
income 25-50k 20%
income 50-75k 21%
income 75-200k 41%
income 200k-plus 3%
single family 81%
multi-family 19%
rented 41%
owned 59%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 52,258
-7
-0.01%
78%
10%
6%
4%
28,515
67%
18%
9%
5%
23,449
71%
64%
2%
2%
22%
10%
16,343
69%
62%
2%
2%
23%
10%
9,056
63%
57%
1%
2%
27%
11%
51,059
31%
56%
13%
29%
43%
36%
60%
3%
2%
23%
53%
9%
2%
50%
63%
17%
22%
26%
33%
3%
80%
20%
40%
60%
3 52,231
-34
-0.07%
52%
17%
13%
15%
32,806
54%
18%
17%
9%
29,753
48%
43%
5%
3%
26%
22%
23,371
46%
42%
4%
3%
27%
22%
13,610
42%
39%
3%
2%
29%
24%
52,380
33%
56%
12%
22%
56%
55%
35%
8%
2%
13%
52%
19%
7%
54%
66%
7%
11%
20%
51%
10%
96%
4%
20%
80%
4 52,284
19 0.04%
62%
15%
11%
11%
28,649
56%
23%
11%
10%
26,076
54%
49%
4%
3%
30%
14%
19,682
51%
46%
4%
3%
32%
14%
10,724
47%
43%
3%
2%
34%
15%
49,444
32%
55%
13%
27%
47%
45%
46%
6%
2%
18%
50%
15%
7%
47%
68%
16%
17%
15%
44%
9%
79%
21%
39%
61%
Total
209,060
56 0.11%
68%
12%
9%
9%
121,597
63%
18%
11%
7%
102,967
60%
54%
3%
2%
24%
15%
76,106
57%
52%
3%
2%
25%
16%
42,765
53%
49%
2%
2%
28%
17%
209,867
32%
56%
12%
27%
48%
42%
51%
5%
2%
19%
51%
14%
4%
52%
66%
14%
18%
20%
42%
6%
84%
16%
35%
65%
02/24/2022 18:01 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
46 4
3 2
6 5
1 Fontana
15 10
Foothill Blvd
Sierra Ave
Summit Ave
Slover Ave
Valley Blvd
San Bernardino Ave
Jurupa Ave
Citrus Ave
Cherry Ave
Lytle Creek Rd
Beech Ave
San Sevaine Rd
Carter Ave
Randall Ave
Santa Ana Ave
Miller Ave
Baseline Ave
Arrow Blvd
Walnut St
�2021 CALIPER 47
Public 601
District 1
Total Pop 40,289
Deviation from ideal 5,446
% Deviation 15.63%
% Hisp 43.9%
% NH White 22%
% NH Black 14%
% Asian-American 17%
Total 24,821
% Hisp 44%
% NH White 27%
% NH Black 14%
% Asian/Pac.Isl. 14%
Total 24,266
% Latino est. 42%
% Spanish-Surnamed 38%
% Asian-Surnamed 5%
% Filipino-Surnamed 3%
% NH White est. 35%
% NH Black 18%
Total 19,653
% Latino est. 41%
% Spanish-Surnamed 37%
% Asian-Surnamed 5%
% Filipino-Surnamed 3%
% NH White est. 36%
% NH Black 18%
Total 10,948
% Latino est. 37%
% Spanish-Surnamed 34%
% Asian-Surnamed 4%
% Filipino-Surnamed 3%
% NH White est. 38%
% NH Black est. 19%
ACS Pop. Est. Total 39,138
age0-19 32%
age20-60 58%
age60plus 10%
immigrants 20%
naturalized 60%
english 62%
spanish 24%
asian-lang 11%
other lang 3%
Language Fluency Speaks Eng. "Less than Very Well" 11%
hs-grad 51%
bachelor 23%
graduatedegree 9%
Child in Household child-under18 52%
Pct of Pop. Age 16+ employed 69%
income 0-25k 5%
income 25-50k 8%
income 50-75k 16%
income 75-200k 54%
income 200k-plus 17%
single family 98%
multi-family 2%
rented 16%
owned 84%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

1.70%
75%
9%
8%
6%
19,501
72%
13%
9%
6%
16,485
70%
63%
2%
2%
20%
12%
11,422
68%
62%
2%
2%
21%
12%
6,224
62%
57%
2%
2%
24%
13%
34,293
31%
55%
13%
30%
46%
36%
59%
3%
2%
23%
52%
10%
3%
48%
65%
16%
23%
21%
38%
2%
76%
24%
44%
56%
4 33,102
-1,741
-5.00%
83%
8%
6%
2%
15,310
76%
16%
6%
1%
12,008
73%
66%
1%
1%
22%
8%
7,787
71%
64%
1%
1%
24%
8%
4,332
65%
60%
1%
1%
28%
9%
32,835
35%
55%
10%
33%
33%
28%
71%
1%
0%
26%
51%
6%
1%
55%
63%
23%
26%
25%
25%
1%
60%
40%
61%
39%
5 32,800
-2,043
-5.86%
83%
9%
4%
3%
18,886
74%
17%
5%
2%
13,554
75%
68%
1%
1%
23%
5%
9,154
74%
67%
1%
1%
23%
5%
5,205
69%
63%
1%
1%
26%
6%
34,665
34%
54%
12%
30%
43%
29%
67%
2%
2%
23%
50%
8%
2%
51%
64%
22%
23%
23%
30%
2%
77%
23%
44%
56%
6 32,931
-1,912
-5.49%
72%
8%
9%
8%
20,999
65%
12%
15%
7%
17,142
67%
60%
3%
2%
15%
18%
12,848
65%
59%
3%
3%
16%
19%
7,154
61%
56%
2%
3%
17%
20%
34,044
30%
60%
10%
26%
53%
42%
52%
4%
2%
17%
54%
15%
4%
52%
70%
8%
16%
20%
51%
4%
94%
6%
27%
73%
Total
209,060
7,489

21.49%
68%
12%
9%
9%
121,597
63%
18%
11%
7%
102,967
60%
54%
3%
2%
24%
15%
76,106
57%
52%
3%
2%
25%
16%
42,765
53%
49%
2%
2%
28%
17%
209,867
32%
56%
12%
27%
48%
42%
51%
5%
2%
19%
51%
14%
4%
52%
66%
14%
18%
20%
42%
6%
84%
16%
35%
65%
01/19/2022 22:22 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
48 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1222 Agenda Date: 3/8/2022
Agenda #: Category: Closed Session
Closed Session
Tuesday, March 8, 2022
6:00 P.M.

City Hall - Executive Conference Room
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tam
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 3/3/2022Page 1 of 1
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49 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1220 Agenda Date: 3/8/2022
Agenda #: Category: Proclamation
Proclamation
Arbor Day
Tuesday, March 8, 2022
Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Printed on 3/3/2022Page 1 of 2
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50 File #: 21-1220 Agenda Date: 3/8/2022
Agenda #: Category: Proclamation
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51 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1236 Agenda Date: 3/8/2022
Agenda #: Category: Special Presentation
Special Presentations
Tuesday, March 8, 2022
Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
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52 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1237 Agenda Date: 3/8/2022
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the February 22, 2022, Regular City Council Meeting.

COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To create a team by communicating Goals and Objectives to all sectors of the community.

DISCUSSION:

The City Council will consider approval of the minutes of the February 22, 2022, Regular City Council meeting. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None
MOTION:

Approve staff recommendation
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53 Tuesday, February 22, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia- Mayor Pro Tem
Phillip W. Cothran - Council Member
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Vacant - City Clerk
Janet Koehler-Brooks - City Treasurer
Minutes

Page 1 of 1 ends

54 WORKSHOP:

A. 4:30 P.M. City Council Workshop
The Workshop of the Fontana City Council was held on Tuesday, February 22, 2022, in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335. Mayor Warren called the meeting to order at 4:35 p.m. with all members of the City Council present, with the exception of Council Member Roberts who was excused. City Treasurer Janet Koehler-Brooks was also in attendance.

The Regular City Council meeting agenda was reviewed.

Mayor Warren requested that Consent Calendar Item 'K', for Council Member comments .

City Attorney Ruben Duran noted for the record that Consent Calendar Item 'H' had a slight ambiguity in the staff report, the operative document(s) the Council is being asked to approve make clear which property is to be dedicated. To clarify for any member of the public or the Council who may have a question, the minutes will note that the developer has agreed to dedicate approximately five (5) acres of neighboring property, which will include three-and-a-half acres of open space and trails, and a one-and-a-half acres of a proposed “Trailhead Park,” which would include a passive park, and a newly constructed dog park and a parking lot.

There were no City Manager's comments heard.

No public communications were received.

Chief Financial Officer Jessica Brown provided the Mayor and City Council with a brief overview of the Mid-Year Budget Report and answered questions of the City Council.

Deputy City Manager Phil Burum introduced Kelly Hickler, representative of DeNovo Planning and Associate Planner Alejandro Rico to provide the Mayor and City Council with a thorough overview on the Downtown Plan - SB2 Grant, answering questions of the CIty Council.

The Workshop adjourned at 5:33 p.m.

CLOSED SESSION:

A. 6:00 P.M. CLOSED SESSION
A Closed Session was held in the Executive Conference Room at 6:00 p.m. located at 8353 Sierra Avenue, Fontana, California, with all members of the City Council present, with the exception of Council Member Roberts who was excused.

PUBLIC COMMUNICATION - CLOSED SESSION:

A. Public Communications - Closed Session

Page 1 of 7 ends

55 City Council Meeting Minutes February 22, 2022
There were no public communications received on the following closed session items:

CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiator: Shannon Yauchzee, Interim City Manager and Rakesha Thomas, Director of Human Resources and Risk Management
Employee Organization(s): Teamsters Local 1932 City Hall Bargaining Unit; Teamsters Local 1932 Yard Bargaining Unit; and Police Officers Association

CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Sierra Club v. City of Fontana, et al. San Bernardino Superior Court Case No. CIVSB2121605; and People of the State of California v. City of Fontana, et al.

San Bernardino Superior Court Case No. CIVSB2121829

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov. Code section 54956.9(d)(2) One Potential Case
CALL TO ORDER/ROLL CALL:

A. 7:00 P.M. Call To Order/Roll Call:

The Regular meeting of the Fontana City Council was held in the Grover W .Taylor Council Chambers, 8353 Sierra Avenue, Fontana, California on Tuesday, February 22, 2022.

Mayor Warren called the meeting to order at 7: 04 p.m.

ROLL CALL:

Present: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran and Sandoval

Absent: Council Member Roberts
INVOCATION/PLEDGE OF ALLEGIANCE:

A. Fontana Police Department Chaplain Deylyne McCampbell /Pledge of Allegiance
Following the invocation led by Fontana Police Department Chaplain Jason Torres, the pledge of allegiance was led by Mayor Warren.

SPECIAL PRESENTATIONS:

Page 2 of 7 ends

56 City Council Meeting Minutes February 22, 2022
21-1207
A. Mayor Warren and City Council to recognize Officer Brandon McCaulley and Administrative Technician Cassandra Pimentel as the Police Department’s January 2022 Employees of the Month (Captain Burton to present).

Captain Burton recognized Officer Brandon McCaulley and Administrative Technician Cassandra Pimentel as the Police Department's January 2022 Employees of the Month.

B. Mayor Warren and City Council to recognize Senior Administrative Analyst Evelyne C. Ssenkoloto on recent Certified Municipal Clerk (CMC) designation (Deputy City Clerk Ashton R. Arocho to present).

Deputy City Clerk Ashton R. Arocho recognized Senior Administrative Analyst Evelyne C. Ssenkoloto on her recent designation as a Certified Municipal Clerk (CMC).

PUBLIC COMMUNICATIONS:

A. Public Communications
The following individuals spoke under public communications:

1. Community Services Coordinator Andrew Solares introduced Mayor's Youth Advisory Commission (MYAC) Secretary Natalie Gutierrez, who provided a brief report on the upcoming MYAC Teen Leadership Summit.

2. Ben commented on social media postings; the upcoming General Municipal Election in November 2022; concerns on redistricting draft maps effecting South Fontana; and closed with concerns on the process for street vendor applications.

CONSENT CALENDAR:

Mayor Warren pulled Consent Calendar Item 'K' requesting that this item be tabled and removed from the motion due to lack of understanding on the item being presented.

ACTION: Motion was made by Mayor Warren, seconded by Mayor Pro Tem Garcia and passed unanimously by a vote of 4-0-1 to adopt Consent Calendar Items "A-L", with the exception of Item " K" which was removed from the Consent Calendar. The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Sandoval; NOES:

None; ABSENT: Roberts
A. Approval of Minutes 21-1209
Approve the minutes of the February 8, 2022, Regular City Council Meeting and February 9, 2022, Adjourned City Council Meeting.

B. Fiscal Year 2021/22 Mid-Year Budget Status Report 21-1183 Approve the recommended Fiscal Year 2021/2022 Mid-Year Budget adjustments.

Page 3 of 7 ends

57 City Council Meeting Minutes February 22, 2022
C. Adoption of Ordinance No. 1885 21-1197
Second Reading/Adopt Ordinance No. 1885, an Ordinance of the City Council of the City of Fontana, approving amendments to Chapter 30 (Zoning and Development Code) of the Fontana Municipal Code.

D. Adoption of Ordinances Nos.1886, 1887, 1888 and 1889 21-1198

1.b Second Reading /Adopt Ordinance No. 1886, an Ordinance of the City Council of the City of Fontana, approving an amendment to the Walnut Village Specific Plan to establish the Aragon West District within the Walnut Village Specific Plan.

1.c Second Reading /Adopt Ordinance No. 1887, an Ordinance of the City Council of the City of Fontana, approving an amendment to the Zoning Map removing the parcel at APN: 0240-121-22 from the Auto Center Overlay District.

2.c Second Reading /Adopt Ordinance No. 1888, an Ordinance of the City Council of the City of Fontana, approving changes to the Zoning District Map to change the zoning on multiple properties through the City to Multi-Family Medium/High Residential ( R-4), Multi-Family High Residential ( R-5) and designate the boundary for the “ R-4 Overlay” to accommodate the 2021-2029 RHNA allocation.

2.d Second Reading /Adopt Ordinance No. 1889, an Ordinance of the City Council of the City of Fontana, approving Zone Code Amendment No. 21-004 to amend Chapter 30 (Development Code) of the Municipal Code to establish an “R-4 Overlay” to allow for additional housing at the R-4 densities.

E. Adoption of Ordinance No.1890 21-1199
Second Reading/Adopt Ordinance No. 1890, an Ordinance of the City Council of the City of Fontana, California approving an Amendment to Chapter 24 of the Fontana Municipal Code Regarding Solid Waste Regulation.

F. Accept Donation from Bel-Air Swap-Meet, Inc. 21-1190 Accept donation from Bel-Air Swap-Meet, Inc. in the amount of $10,000 for use towards the 2022 67th Annual Fontana Days Run.

G. Accept Donation from Fontana Foundation of Hope 21-1191 Accept donation from Fontana Foundation of Hope in the amount of $ 10,000 for use towards the 2022 67th Annual Fontana Days Run.

H. Adoption of a Resolution of the City Council of the City of Fontana Declaring Its Intent to Abandon and Sell City-Owned Undeveloped Parkland
21-1221
Adoption of a Resolution No. 2022-013 of the City Council of the City of Fontana Declaring Its Intent to Abandon and Sell City-Owned Undeveloped Parkland.

Page 4 of 7 ends

58 City Council Meeting Minutes February 22, 2022
I. After School Education and Safety Program Services Agreement & Expanded Learning Opportunities Program Funding
Amendment between the City and Fontana Unified School District 21-1156

1. Approve the amendment to the After School Education and Safety (ASES) Program Services Agreement inclusive of Expanded Learning Opportunities Program (ELO-P) funding with the Fontana Unified School District. (See Attachment A)

2. Authorize the City Manager or designee to sign the Agreement Amendment, all related documents, and any amendments for the term of the agreement.

3. Approve additional appropriations in Fund 386 as follows: FY 2021-2022 $4,495,120.

J. Annual Chevrolet Vehicle Purchase Contract, Service and OEM Parts Contract (SB-20-PW-22)
21-1016
Award bid to Rotolo Chevrolet Inc. of Fontana, CA to purchase new and used vehicles, service, and OEM parts for two (2) years with an option for three (3) additional one-year increments.

K. Approval of a Resolution of the Fontana City Council in Opposition to Taxpayer Protection and Government Accountability Act (initiative 21-0042A1.)
21-1218
This item was removed from the Consent Calendar and was not a part of the motion.

L. Fleet GPS Tracking System 21-1169

1. Authorize the Purchasing Office to utilize the County of San Bernadino Contract No. 20-33 for mobile self-contained GPS units and tracking services.

2. Approve the purchase of the mobile self-contained GPS units and tracking services from Forward Thinking Systems, LLC in the amount of $378,852.

NEW BUSINESS:

A. Process for Filling the Elected City Clerk Vacancy 21-1163 Staff recommends that the City Council take one of the following actions:

1. Direct City staff to bring back a Resolution calling a Special Election to fill the City Clerk vacancy; or

2. Direct City staff to open up an application period for persons interested in being appointed to fill the City Clerk seat until the upcoming General Municipal Election scheduled for November 8, 2022, and provide direction on the interview process that the Council would like to utilize to select and appoint; or

3. Vote to appoint a qualified individual to fill the City Clerk seat until the upcoming General Municipal Election scheduled for November 8, 2022.

Page 5 of 7 ends

59 City Council Meeting Minutes February 22, 2022
Deputy City Clerk Arocho presented the staff report and answered questions of the Mayor and City Council.

ACTION: Motion was moved by Council Member Cothran, seconded by Mayor Pro Tem Garcia, and passed by a vote of 4-0-1 to move forward with Option 2: Direct City staff to open up an application period starting February 23, 2022, closing March 9, 2022, at 5:00 p.m. for persons interested in being appointed to fill the City Clerk seat until the upcoming General Municipal Election scheduled for November 8, 2022, and provide direction on the interview process that the Council would like to utilize to select and appoint. The motion carried by the following vote: AYES:

Warren, Garcia, Cothran, and Sandoval; NOES: None; ABSENT: Roberts.

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
Interim City Manager Shannon Yauchzee provided a brief report on upcoming community events and reminded the public of the upcoming deadline to submit draft maps for consideration at the scheduled redistricting Public Hearing for March 8, 2022, at 5:00 p.m.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
City Treasurer Janet Koehler-Brooks wished Council Member Roberts a quick recovery and sent her best wishes to the Roberts' Family.

Council Member Cothran commented on upcoming community events, thanked staff for the Downtown presentation at the prior Workshop and wished Council Member Roberts a quick recovery.

Mayor Pro Tem Garcia thanked staff for the Downtown presentation at the prior Workshop .

Council Member Sandoval thanked Community Services Department for recent Art Depo and wished Council Member Roberts a quick recovery.

Mayor Warren thanked staff for all their hard work and dedication to the community; commented on the increasing concerns around street racing and enforcement; thanked staff for the Downtown presentation at the prior Workshop; and closed with comments on Governor Newsom's recent trip to Fontana.

ADJOURNMENT:

A. Adjournment

Page 6 of 7 ends

60 City Council Meeting Minutes February 22, 2022
Mayor Warren adjourned the meeting at 7:49 p.m. to the next Regular City Council Meeting on Tuesday, March 8, 2022, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. __________________________
Ashton R. Arocho, MMC
Deputy City Clerk

THE FOREGOING MINUTES WERE APPROVED AND ADOPTED BY THE FONTANA CITY COUNCIL ON THE 8TH DAY OF MARCH 2022.
_________________________
City Clerk

Page 7 of 7 ends

61 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1179 Agenda Date: 3/8/2022
Agenda #: B. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approval of Final Map for Tract No. 20362 within the Arboretum Specific Plan RECOMMENDATION:

Approve the Final Map for Tract No. 20362 located north of Casa Grande Avenue, west of Sierra Avenue, south of Duncan Canyon Road, and east of Cypress Avenue within the Arboretum Specific Plan; accept as public dedicated streets and easements; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider.

COUNCIL GOALS:
· To invest in The City's infrastructure (streets, sewers, parks, etc.) by maintaining and improving The City's existing infrastructure.
· To invest in the City's infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

Tract No. 20362 located north of Casa Grande Avenue, west of Sierra Avenue, south of Duncan Canyon Road, and east of Cypress Avenue within the Arboretum Specific Plan. The subdivision consists of 6 lots.

The Tentative Tract Maps (TTM20-000009, TTM20-000010 & TPM20-000024) were conditionally approved by the City Council on June 22, 2021. The Tentative Tract Map TPM20-000024 was revised on December 14, 2021 and found to be in substantial conformance with the original Tract Map. All conditions precedent to submitting the final map have been completed by the applicant. The subdivider, AG EHC II (LEN) CA 2, L.P. (as successor in interest to LENNAR HOMES OF CALIFONIA, INC.), has complied with the Conditions of Approval and dedicated the required streets and easements as a part of the project. The tract map has been reviewed by the City Engineer and found to be substantially correct.

In addition, an authorization is requested for the City Manager to enter into a Subdivision Agreement with the subdivider to guarantee the completion of required infrastructure in accordance with the Subdivision Map Act. This map is now being brought to City Council for final approval.

FISCAL IMPACT:

This action will only approve the tract map for recordation and authorize permits for the construction of the development, therefore there is no fiscal impact to The City’s resources at this time.

City of Fontana Printed on 3/3/2022Page 1 of 2
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62 File #: 21-1179 Agenda Date: 3/8/2022
Agenda #: B. Category: Consent Calendar
MOTION:

Approve staff recommendation.

City of Fontana Printed on 3/3/2022Page 2 of 2
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63 INTERSTATE15
CALIFORNIA210
CALIFORNIA66
64 Revised – KE -9/17/20

SUBDIVISION IMPROVEMENT AGREEMENT

Tract Map No.: 20362

THIS AGREEMENT is between the City of Fontana, a municipal corporation, County of San Bernardino, State of California ("City") and AG EHC II (LEN) CA 2, L.P. ("Subdivider"):

WHEREAS, the application for tentative Tract Map No. 20362, was conditionally approved on June 22, 2021 ; and

WHEREAS, Subdivider is the owner of that certain parcel of land defined by the Final Map and Subdivider proposes to do and perform certain work of imp rovement thereon as set forth in this agreement; and

WHEREAS, City desires to assure that the proposed improvements will be done in a good workmanlike manner and in accordance with the laws and standards now in force and effect in the City, t he terms and conditions of which are incorporated herein by reference; and

WHEREAS, Subdivider declares acknowledgement the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and

WHEREAS, a Fi nal Map of the subdivision, prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council;

NOW THEREFORE, in consideration of the approval and acceptance of the Final Map by the City Council and the acceptance of easements therein offered for dedication for street, utility, and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows:

1. General requirements:

Subdivider shall, at its own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the improvements as associated with the requirements per the approved project or to the satisfaction of the City Engineer of the City of Fontana. All required improvements have an estimated cost of construction totaling Five Million Three Hundred Eighty-Nine Thousand Three Hundred Four Dollars and 21/100 dollars ($5,389,304.21) as shown on Exhibit " A". 65 Revised – KE -9/17/20

Improvements are shown on approved plans on file with City Engineer.

The estimated cost of construction set forth in Exhibit “A” is for estimation purposes only, and for calculation of the amount of securities required pursuant to the provisions of section (2), below .

Subdivider’s obligat ion to complete the improveme nts, or any portion of them, is not limited in any way by the estimated cost of construction, and the obligation of Subdivider’s surety in connection with the securities required pursuant to the p rovisions of section (2), below.

2. Security:

Subdivider shall, at all times, guarantee its performance of this agreement by furnishing to City and maintaining good and sufficient security as required by the State Subdivision Map Act on forms approved by City for the purposes and in the amounts as follows:

a. To ensure a faithful performance of this agreement in regard to the improvements in the amount of 100% of the estimated cost of construction of the improvements; and

b. To secure payment to any contracto r, sub -contractor, pers ons renting equipment or furn ishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements; and

c. To guarantee or warranty the work done pursuant to this agreement for a period of one (1) year following acceptance thereof by City Council of the City of Fontana against any defective work or labor done or defective materials furnished in the am ount of 20% of the estimated cost of construction of the improvements; and

d. To warranty the setting of required subdivision monuments within one-year following recordation of the Final Map in the amount of 100% of the estimated cost of setting subdivisi on monuments as shown in Exhibit "A".

e. To guarant ee the landscape maintenance of all landscape improvements for a period of one year (1) year following acceptance of thereof by the City.

The securities required by this agreement shall be kept on file with the City Clerk. T he terms of the security docu ments required by this 66 Revised – KE -9/17/20

agreement are hereby incorporated in this agreement by reference and copies attached hereto.

The security, which guarantees performance, can be released upon acceptance of the impr ovements by the City Co uncil. The security which guarantees payment to contractor, sub -contractors and to persons furnishing labor, materials or equipment will be released 6 months after acceptance of the improvements by the City Council, less the total o f all claims to which the City has been given proper notice.

Securities may be released upon the final completion and acceptance of the work subject to the provisions herein. The City Council, in its absolute discretion,
may release a portion of the secu rity given for faithful performance of the improvement work as the improvement progresses upon application thereof by the Subdivider.

3. Time of Completion:

All of the required improvements shall be completed within 24 months from the effective date of this agreement. If the work is not completed within the specified time period because of acts of God, the public enemy, the City, or because of fire, flood, epidemic, quarantine restrictions, strikes or freight embargoes, the Subdivider shall be entitled to an extension beyond the specified time period for a period equal to the length of such delay within ten days from the beginning of such delay.

In addition to the extension for the reasons referenced in the foregoing paragraph, Subdivider may submit a written request , Exhibit “B” , for a discretionary extension of the time for completion of the improvements to the City Engineer. The City Engineer may grant or reject such extension, in whole or in part or with conditions, in his sole discretion. If a n extension of time is granted it shall in no way af fect the validity of this contract or release the surety on the securities referenced herein.

In the event that Subdivider fails to complete the improvements within the required period or any approved e xtension, the City may complete the work and shall b e entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. If City pursues completion of the improvement work, it may require Subdivider, or his surety, t o pay the City in advan ce, sufficient monies to cove r the City's cost in completing construction of the improvements.

Agreement, has provided the City Engineer with written notice of Subdivider’s intent to abandon or otherwise not complete the improvements.

4. Effective Date of Agreement:

This Agreement shall not become effective unless and until the Subdivision Ma p has been approved by the City Council of the City of Fontana and also accepted the Final Map for reco rdation by the County Recorder of the County of San Bernardino.

5. Utility Deposits - Statements:

Prior to the commencemen t of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and the City Engineer, signed by the Subdivider, and each public utility involved, to the eff ect that Subdivider has made all deposits legally re quired by such public utility for the connection/extension of any and all public serving utilities to be provided to or within the subdivision.

6. Permits - Compliance with Law:

Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses, pay all charges, fees and taxes, and give all necessary and incidental notices to the due and lawful prosecution of the work.

7. Definition and Ownership of Improvements:

The term "improveme nts" means: grading, pa ving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail upon plans, profiles and specificati ons which have been prepared or are now in final pre paration by engineers acting for Subdivider subject to approval by the City Engineer of the City of Fontana. No work on the improvements shall be commenced until plans and/or profiles therefore have been submitted, approved and permitted by the City Engin eer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of the improvements by the City Council.

8. Obligations of Subdivider:

Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, 68 Revised – KE -9/17/20

it is understood and agreed that any approval by the C ity thereof shall in no way relieve Subdivider of sa tisfactorily performing all work on the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications prepared by Subdivider or its engineer, and as approved by the C ity as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to all City codes and standards and that they are adequate to accomplish the work in a good workmanlik e manner and in accordance with responsible construction practices.

9. Superintendence by Subdivider:

Subdivider shall personally supervise all work involved in the improvements, or shall designate a competent foreman or superintendent, satisfactory to the City Engineer, to supervise the work at all tim es during progress, with authority to act for Subdivider. In the event satisfactory superintendence is not being exercised by the Subdivider, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected.

10. Repair and Replacements:

Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all s urvey monuments or f or any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or by the City or by any public or private corporation, or by any person whoms oever or by combination of such owners. Any such re pair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner.

11. Inspection by City:

Subdivider shall at all times maintain proper facilities a nd provide safe access for inspe ction by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider.

12. Approval by City Engineer.

work does not conform to the plans an d specifications set forth herein or the City's Codes and standards. Any damage to the improvements (existing or new) that occurs during the course of work performed under this Agreement shall be repaire d or replaced, by th e Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security.

13. Liability for Performance Injury or Damage:

Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof.

14. Indemnification and Release:

Prior to the co mmencement of any wo rk pursuant to this contract, Subdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees against loss or liability which may ar ise during the work or which may result from any of the work herein required to be done, including all costs of defending and claim arising as a result thereof. Minimum liability and property damage insurance shall not be less than $250,000 for all damages arising out of bodily injury to a death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any occurrence; and not less than $250,000 for all damages and/or destruction of property in any one occurrence and not less than $500,000 for all damages and/or destruction of property during the policy period. Such policy shall be in favor of Subdivider or its contractors and of the City, its officers, agents, and employees and shall be maintained in full force and effect during the life of this contract. The policy shall state by its terms and by an endorsement that it shall not be cancelled until City shall have had at least ninety ( 90) days' notice in writing of such cancellation.

adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, t he Subdivider's agents, employees, and sub -contractors, while engaged in the performance if the work.

15. Liability of Subdivider:

The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improveme nts herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provid ed that acceptance b y the City shall in no way elimi nate or lessen any of Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within the subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the required improvements in said subdivision.

16. Relationship of Contractors:

It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are n ot agents of the City, if any, a re those of independent contractors.

17. Repair or Reconstruction of Defective Work:

If, within a period of up to one year after City Council acceptance of the improvement work performed under this Agre ement, any of the improvements for work done under t his Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the Cit y), repair or replace or reconstruct any defective of otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Su bdivider can be notified, City may, at its own option, make the necessary repairs or replacements or perform the necessary work and offset that amount against any security pledged by Subdivider for faithf ul performance, labo r and materials, or warranty obligations under this agreement.

18. Warranty:
71 Revised – KE -9/17/20

Without limiting the foregoing, Subdivider warrants and guarantees:
materials used and workmanship performed on said work for a period of one (1) year after completion and accep tance thereof by the City , and the setting of all required Final Map monuments.

19. Assignment:

This agreement shall not be assignable by Subdivider without written consent of City.

72 Revised – KE -9/17/20

IN WITNESS WHEREOF, this agreement shall for all purposes be deemed an original thereof, having been duly executed by the Subdivider herein named on the day of , 20 being duly signed by its undersigned representative(s) pursuant to authority of its governing body.

SUBDIVIDER CITY OF FONTANA

By: By:

Shannon Yauchzee , Interim City
Manager

Attest:

Tonia Lewis, City Clerk

APPROVED AS TO FORM:

By:

Ruben Duran, City Attorney

APPROVED AS TO CONTENT:

By:

Ricardo Sandoval, City Engineer

Attachments: (1) Exhibit "A" – Cost Estimate
(2) Exhibit "B" – Time Extension
(3) Securities

AG EHC II (LEN) CA 2, L.P.

By:

Name:_________________________
Title:__________________________
Steven S. Benson
Manager of Essential Housing
Asset Management
73 Revised – KE -9/17/20

Exhibit “A”

INSERT ENGINEER’S

COST ESTIMATE

IN THIS SPOT

74 Revised 12/1/2016 – GM/RG

STAFF USE ONLY
ENGINEERING PC NO.

__________________

CITY OF FONTANA

ENGINEERING DEPARTMENT
COST ESTIMATE **EXHIBIT "A"**
SHEET 1
DATE: _____________________
DEVELOPER PROJECT NAME__________________ ENGINEER TRACT MAP NO._________________ PHONE NO. PARCEL MAP NO. _______________

STREET IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
6" CURB & GUTTER _ L.F. 17.00 __
8" CURB & GUTTER L.F. 19.00 _
8" THICK CROSS GUTTER S.F. 11.00 _ 4" SIDEWALK S.F. 5.00 _
ACCESS RAMP EA 2500.00 _ DRIVE WAY APPROACHES S.F. 11.00 _ ASPHALT CONCRETE DIKES L.F. 11.00 _ FOG SEAL S.F. .10 ____
IMPORTED EMBANKMENT C.Y. 10.00 _
PREPARATION OF SUBGRADE S.F. .50 _ *A.C. TON 90.00 _
*A.C.OVERLAY(1"MI.THICKNESS) S.F. .80 _ **PCC CURB ONLY (MEDIAN) L.F. 16.00 _ ADJUST SEWER MANHOLE TO GRADE EA 500.00 _

ADJUST SEWER CLEAN OUT TO
GRADE EA 300.00 _
ADJUST WATER VALVES TO GRADE EA 250.00 _ BARRICADES L.F. 40.00 _
2 X 4 REDWOOD HEADER L.F. 5.00 _ *REMOVAL OF A.C. PAVEMENT S.F. .66 _ **REMOVAL OF P.C.C. CURB L.F. 6.00 _ *REMOVAL OF A.C. BERM L.F. 5.00 _ RETAINING WALL H=2 1/2 FT.

OR LESS L.F. 40.00 ________
BLOCK WALL H=6 FEET L.F. 50.00 ________ AGGREGATE BASE TON 30.00 _ __
GUARD POSTS EA 70.00 _
GUARD PANEL (WOOD) L.F. 40.00 _ SAWCUT L.F. 3.50 _
REFLECTORS AND POSTS EA 100.00 _ STREET SIGNS EA 250.00 _
______________________ ________ EA _______ ________ ______________________ ________ EA _______ ________ ______________________ ________ EA _______ ________ ______________________ ________ EA _______ ________

STREET IMPROVEMENT SUBTOTAL __

* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT

APPROVED
Engineering
By:csorensen
11/23/2021
75 Revised 12/1/2016 – GM/RG

SHEET 2

STORM DRAIN IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
* 18" RCP L.F. 90.00 ________
* 24" RCP L.F. 110.00 ________
* 30" RCP L.F. 200.00 ________
* 36" RCP L.F. 220.00 ________
* 42” RCP ________ L.F. 240.00 ________
* 48" RCP L.F. 260.00 ________
* 54" RCP L.F. 280.00 ________
* 60" RCP L.F. 300.00 ________
* 66” RCP ________ L.F. 320.00 ________
* 78” RCP ________ L.F. 340.00 ________
* 24” CMP ________ L.F. 90.00 ________
* 60” CMP ________ L.F. 320.00 ________
CATCH BASIN/CURB INLET:

W=7 EA 4,000.00 ________
W=10 EA 4,500.00 ________
W=14 EA 6,000.00 ________
W=21 EA 11,000.00 ________
W=28 EA 14,000.00 ________
JUNCTION STRUCTURE EA 3,200.00 ________

TRAFFIC TYPE JUNCTION
STRUCTURE EA 2,800.00 ________
DISCHARGE STRUCTURE EA 2,800.00 ________ MANHOLES EA 2,500.00 ________
LOCAL DEPRESSION EA 1,250.00 ________
GRATE INLET STRUCTURE EA 2,100.00 ________ _____________________ ________ EA ________ ________ _____________________ ________ EA ________ ________ _____________________ ________ EA ________ ________

STORM DRAIN IMPROVEMENT SUBTOTAL ________

* REINFORCE CONCRETE PIPE

SANITARY SEWER IMPROVEMENTS

MANHOLES 60" DIAMETER EA 4,500.00 ________ MANHOLES 48" DIAMETER EA 4,000.00 ________ DROP MAN HOLES EA 4,500.00 ________
WYES EA 100.00 ________
CLEANOUTS EA 600.00 ________

SANITARY SEWER IMPROVEMENT SUBTOTAL ________

** VITRIFIED CLAY PIPE
EA
76 Revised 12/1/2016 – GM/RG

SHEET 3

TRAFFIC SIGNALS/SIGN/STRIPING
UNIT

ITEM QUANTITY UNIT COST AMOUNT

TRAFFIC SIGNAL MODIFICATION:

ONE CORNER L.S. 50K _
TWO CORNERS L.S. 100K _
TRAFFIC SIGNAL NEW L.S. 250K _
PAINT TRAFFIC STRIPE (1 COAT) L.F. 2.40 _ PAINT TRAFFIC STRIPE(2 COATS) L.F. .65 _ PEDESTRIAN CROSSWALK STRIPING L.F. .65 _

PAVEMENT MARKER
(NON REFLECTIVE) EA 2.50 ________
PAVEMENT MARKER (REFLECTIVE) EA 4.00 _ REFLECTORS AND POSTS EA 100.00 _ STREET SIGNS EA 250.00 _
___________________ ________ EA ________ ________ ___________________ ________ EA ________ ________

TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL __

CFD LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)

AREA LANDSCAPED S.F. $12.00 _ CENTER MEDIAN S.F. $12.00 _

LANDSCAPING IMPROVEMENTS SUBTOTAL __________

77 Revised 12/1/2016 – GM/RG

SHEET 4
SUBTOTALS:

STREET IMPROVEMENT SUBTOTAL....................___________________ STORM DRAIN IMPROVEMENTS SUBTOTAL..............___________________ SANITARY SEWER IMPROVEMENTS SUBTOTAL...........___________________ TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL.........___________________

IMPROVEMENT SUBTOTAL ===================
(*USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*)

CFD LANDSCAPE IMPROVEMENTS ....................___________________ SUBDIVISION MONUMENT GUARANTEE $1,200 + $50/LOT ...___________________ STREET LIGHTS _______ @ $5,000 ................___________________ CUCAMONGA COUNTY WATER DISTRICT FACILITIES.....___________________

IMPROVEMENT SUBTOTAL.... ===================
ADD 35%..................... ____________________

BONDING TOTAL........___________________

APPROVED PUBLIC IMPROVEMENT PLANS:

STREET IMP. DWG. NO._____________________
STREET LIGHT DWG. NO.____________________
SEWER IMP. DWG. NO.______________________
STORM DRAIN IMP. DWG. NO. _______________
TRAFFIC SIGNAL DWG. NO.__________________
SIGNING & STRIPING DWG. NO.______________

APPROVED
Engineering
By:csorensen
11/23/2021
78 Revised – KE -9/17/20

SUBDIVISON IMPROVEMENT AGREEMENT
Tract Map No.:

Exhibit “B”

I, AG EHC II (LEN) CA 2, L.P. (Subdivider’s name here) am the owner of the property to which this Request is being made for of a Time Extension for Project No. Tract 20362 - Onsite Improvements .

Name:

Subdivider’s Signature:

Subdivider’s Address: _________________________
_____________
Date:
(Attached Notary Acknowledgment)

CITY OF FONTANA
BY: DATE:

Ricardo Sandoval, City Engineer

[ ] DENY

[ ] APPROVED

NEW DATE:
79 80
81 82
83 84
85 86
87 88
89 90
91 92
93 94
TRACT NO. 20362
95 703.94'
550.58' (549.85')
1363.49' 1295.60'
276.37' 267.18'
992.69' 661.79' [661.68']661.80'
2626.02'
2664.79'
{(2664.71')}
\W0.8500;573.51'
2654.79'
2574.92'
1871.36'
TRACT NO. 20212
TRACT NO. 20212
{M.B. 355/3-8}
LOT 1 LOT 2
LOT 4 LOT 5
LOT 3
LOT 7
LOT 6
LOT 8N.A.P.

LOT 'A'TRACT NO. 19962
TRACT NO. 19962
{M.B. 350/59-63}TRACT NO. 19961
TRACT NO. 19961
{M.B. 350/43-47}
L2

FIELDCRESS DRIVEGARDENS STREET
L5
\A1;20'
\A1;20'
\A1;20'
\A1;10'\A1;10'
\A1;10'
\A1;10'
\A1;10'
\A1;10'
\A1;54'
\A1;54'
\A1;54'
L1
L3
L4
\A1;10'
\A1;10'
\A1;10'
\A1;20'
\A1;20'
\A1;20'
\A1;27'
\A1;27'
\A1;10'
\A1;27'
\A1;10'
\A1;10'
\A1;10'
N 1/2 OF THE S 1/2 OF THE NW 1/4 OF THE NE 1/4 SEC. 19
\A1;20'
3 4
5 6MONTELENA ROAD

CL CASA GRANDE AVENUE

CYPRESS AVENUE

CL DUNCAN CANYON ROAD

CASSAVA DRIVE

CL SIERRA AVENUE
\A1;46'
209.92'
\A1;20'
2647.72'
N00°33'36"W
N00°42'37"W
2624.66'
2648.50'
N89°43'11"E
2674.70'TRACT NO. 19960-2
TRACT NO. 19960-2
{M.B. 350/20-27}CITRUS AVENUE
{
}10.INTENTIONALLY DELETED

11.EXISTING EASEMENT FOR ROADWAY PURPOSES FOR PROVIDING INGRESS AND EGRESS AND INCIDENTAL PURPOSES, RECORDED 4/22/1955 IN BOOK 3626, PAGE 491 O.R.

12.EXISTING EASEMENT FOR ROADWAY PURPOSES FOR PROVIDING INGRESS AND EGRESS AND INCIDENTAL PURPOSES, RECORDED 5/06/1955 IN BOOK 3638, PAGE 59 O.R.

13.EXISTING EASEMENT FOR ROADWAY PURPOSES FOR PROVIDING INGRESS AND EGRESS AND INCIDENTAL PURPOSES, RECORDED 5/06/1955 IN BOOK 3638, PAGE 63 O.R.

14.EXISTING EASEMENT FOR INGRESS, EGRESS AND INCIDENTAL PURPOSES, RECORDED 10/18/1957 IN BOOK 4349, PAGE 358 O.R.

15.EXISTING EASEMENT FOR INGRESS AND EGRESS AND INCIDENTAL PURPOSES, RECORDED 10/18/1957 IN BOOK 4349, PAGE 359 AND RE-RECORDED 10/29/1957 AS BOOK 4357, PAGE 95, O.R..

18.EXISTING EASEMENT FOR WATER PIPELINE SYSTEM AND INCIDENTAL PURPOSES IN FAVOR OF WEST SAN BERNARDINO COUNTY WATER DISTRICT, RECORDED 2/13/2003 AS INSTRUMENT NO. 2003-0095644 OF O.R.

19.AN EASEMENT FOR WATER PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF WEST SAN BERNARDINO COUNTY WATER DISTRICT, RECORDED 2/13/2003 AS INSTRUMENT NO. 2003-0095646 O.R.

20.AN EASEMENT FOR WATER PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF FONTANA, RECORDED 2/13/2003 AS INSTRUMENT NO. 2003-0095647 OF OFFICIAL RECORDS. AN EASEMENT FOR STORM DRAIN PURPOSES IN FAVOR OF CITY OF FONTANA, RECORDED 8/17/2012 AS INSTRUMENT NO. 2012-0332146 O.R.
A DEDICATION FOR FLOOD REGULATION BASIN IN FAVOR OF WEST SAN BERNARDINO COUNTY WATER DISTRICT, RECORDED 10/25/2013 AS INSTRUMENT NO. 2013-0463804 OF OFFICIAL RECORDS.

27.AN EASEMENT FOR STREET, HIGHWAY, PUBLIC UTILITY AND INCIDENTAL PURPOSES, IN FAVOR OF CITY OF FONTANA, RECORDED: 9/2/2020 AS INSTRUMENT NO. 2020-326943, OFFICIAL RECORDS

10. AN EASEMENT FOR LANDSCAPE AND SIDEWALK PURPOSES IN FAVOR OF THE CITY OF

FONTANA

11.AN EASEMENT FOR STORM DRAIN AND MAINTENANCE PURPOSES IN FAVOR OF THE CITY OF SHEET 2 OF 7 SHEETS
0 SCALE: 1"=300'
300 600 900 1,200
%%UBOUNDARY AND INDEX MAP
%%USURVEYOR'S NOTES:

INDICATES RECORD PER TRACT MAP NO. 20153, M.B. 352/17-25, UNLESS OTHERWISE NOTED.

INDICATES RECORD PER RECORD OF SURVEY NO. 15-001, R.S. 155/62, UNLESS OTHERWISE NOTED.

INDICATES MONUMENT PER TRACT MAP NO. 20153, M.B. 352/17-25, INDICATES FOUND MONUMENT AS NOTED.

INDICATES MONUMENT PER TRACT MAP NO. 20212 M.B. 355/3-8 INDICATES SET 1" IRON PIPE WITH BRASS TAG STAMPED "L.S. 9154", FLUSH, UNLESS OTHERWISE NOTED.

DENOTES RADIAL BEARING

DENOTES POINT OF REVERSE CURVE

DENOTES POINT OF COMPOUND CURVE
FOR LOT CORNERS, A NAIL AND BRASS TAG STAMPED "L.S. 9154" SHALL BE SET IN

CONCRETE CURB ON THE PROLONGATION OF THE SIDE LOT LINE IN LIEU OF THE FRONT LOT CORNERS. A 1" IRON PIPE WITH BRASS TAG STAMPED "L.S. 9154" SHALL BE SET AT REAR LOT CORNER UNLESS OTHERWISE NOTED. ( )
%%UEASEMENT NOTES:
(R)
(PRC)
(PCC)
DETAILS "A" AND "B"
SEE SHEET 7
330.88' [330.84']
331.39' [331.37']
NO. BEARING DISTANCE
L1
L2
L3

LINE TABLE
L4
L5
566.13' [566.05']
1326.99' [1327.01'] (1326.99')
1326.80' [1327.01'] (1376.21')

VICINITY MAP

NOT TO SCALE

INTERSTATE
15 CASA
GRANDE

PROJECT
SITE

SUMMIT AVENUE
210 FREEWAY

CA L IF ORN I A
210
C

A LI FO RN IA
66 ONTARIO FREEWAY

SIERRA AVE

CITRUS AVEBASELINE ROAD
\W0.8500;CHERRY AVE

CYPRESS AVE
%%UBASIS OF BEARINGS
\A1;THE EASTERLY LINE OF SECTION 19, ALSO BEING THE CENTERLINE OF SIERRA AVENUE BEING: N00%%D33'32"W PER TRACT MAP NO. 20153, M.B. 352/17-25.

TRACT NO. 20362

IN THE CITY OF FONTANA
\A1;BEING A SUBDIVISION OF A PORTION THE NORTHEAST 1/4 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA 96 \A1;20'
\A1;20'
\A1;20'
\A1;20'
\A1;10'
\A1;54'
\A1;54'
1177.32'69.31'
116.86'
L4
692.92' 420.96'L5
\A1;10'
\A1;20'
507.27'775.89'
1363.49'
584.51' 77.28'

46.00'

46.00'
SHEET 3 OF 7 SHEETS
0 SCALE: 1"=100'
100 200 300 400
LOT 1

10.835 AC.

LOT 2

6.891 AC.CL DUNCAN CANYON ROAD

CYPRESS AVENUE
N.A.P.

C3
C4

71.50'
178.51'
L1
C2
C1
L2
NO. R
C1 900.00' 100.00'
C2
NO. BEARING DISTANCE
L1
L2
L3 10.00'N89°36'43"E
103°09'35" 74.00' 133.24'

LINE TABLE

CURVE TABLE
C3 934.00' 103.78'
C4 866.00' 133.24'
1282.45'46.00'
1292.45'
661.79' [661.68']
LOT 8
SEE SHEET 6CASSAVA DRIVE
%%UNOTE:

SEE SHEET 2 FOR BASIS OF BEARINGS AND EASEMENT NOTES
L4 99.15'
L5 32.59'
\A1;34'
\A1;34'\A1;68'
\A1;34'
\A1;34'\A1;68'
\A1;75'
\A1;150'\A1;75'
\A1;54'
\A1;46'
LOT 3
SEE SHEET 4
TRACT NO. 20362

9.564 AC.

LOT 5

8.137 AC.

LOT 3

9.097 AC.

L6
1282.48'46.00'
104.01' 1209.46'
L2
L4
554.25'
NO. BEARING DISTANCE
L1
L2
N00°37'27"W 112.67'
L3

42.36'
L4

56.57'
L1
C2

CURVE TABLE
NO. R
C1
C2
103°09'35" 74.00' 133.24'

74.00' 92.10'
C1
C3 74.00' 41.14'
C4 100.00' 11.48'

LINE TABLE
LOT "A"
SEE SHEET 6
LOT 8
SEE SHEET 6
1226.51'

49.97'
L5
\A1;34'\A1;34'
\A1;75'

GARDENS STREET
638.43' 354.26'
TRACT NO. 20212
{TRACT NO. 20212
M.B. 355/3-8}

46.00'

32.56'
707.16'
574.25'
390.23'
661.81'

75.00'

34.00'
L5
L5
L6
992.69'
%%UNOTE:

SEE SHEET 2 FOR BASIS OF BEARINGS AND EASEMENT NOTES
560.24'
753.16'CASSAVA DRIVE

CYPRESS AVENUE

75.00'
\A1;75'
\A1;68'
\A1;34'\A1;34'
\A1;68'
\A1;34'\A1;34'
\A1;68'
\A1;34'\A1;34'
\A1;68'
N.A.P.

SEE SHEET 3

PARK SITE
L8

44.83'

FIELDCRESS
DRIVE
TRACT NO. 20362

IN THE CITY OF FONTANA
\A1;BEING A SUBDIVISION OF A PORTION THE NORTHEAST 1/4 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA 203.75'
401.91'
357.91'
L8
532.14'
DETAIL "C"
SEE SHEET 7
98 \A1;27'
\A1;10'
\A1;10'
\A1;20'
\A1;54'\A1;54'
\A1;34'\A1;34'
\A1;10'
\A1;10'
\A1;10'
\A1;10'
\A1;10'
\A1;34'\A1;34'
\A1;34'\A1;34'
\A1;10'
\A1;VARIES
\A1;55'
\A1;VARIES
\A1;VARIES
\A1;78'
\A1;VARIES
\A1;34'\A1;34'
\A1;68'
\A1;108'
\A1;68'
\A1;108'
\A1;VARIES
\A1;49.55'
\A1;50.89'
\A1;47.85'
\A1;10'
SHEET 5 OF 7 SHEETS
0 SCALE: 1"=100'
100 200 300 400
122.30'
N89°26'28"E

68.00'
N89°26'28"E
L2
276.37'
566.13' [566.07']

56.00'
N00°33'32"W145.23'
N00°33'32"W
339.77' 453.53' 359.80'
L1
267.18'
793.30' 352.80'
377.98'
316.32'
N89°26'28"E

68.00'
LOT 6

5.043 AC. LOT 7

12.241 AC.

PARK SITE
LOT 8
SEE SHEET 6
617.32'
703.56'
N836°18'40"E(R)
L4
NO. R
C1
C2
103°09'35" 74.00' 133.24'

74.00'
C1

92.10'
C2

99.00'531.23'50.22' 57.00'
54' 54'
N88°43'34"E
177.76'

84.34'
N50°26'29"W
N89°56'06"W

81.34'

CURVE TABLE
%%UNOTE:

SEE SHEET 2 FOR BASIS OF BEARINGS AND EASEMENT NOTES
104.64' 105.28'

86.24'
NO. BEARING DISTANCE
L1
L2
L3
L4
L5

79.97'
N39°57'57"E 77.91'

9.97'
TRACT NO. 20212
{TRACT NO. 20212
M.B. 355/3-8}
550.58' (549.85')

LINE TABLE
380.92' 945.89'
L6
N89°26'28"E 68.00'
L5
N89°26'28"E 78.00'
132.50'
139.50'
L6
L6
N00°33'32"W 54.00'

83.19'
L7
DETAIL "A"
SEE SHEET 7
DETAIL "B"
SEE SHEET 7

80.19'

CL SIERRA AVENUE

FIELDCRESS DRIVE

MONTELENA ROAD

CL CASA GRANDE AVENUE
34'34'
68'
2574.92' {\C1;[N00°33'32"W 2574.06'] }

LOT 'A'
SEE SHEET 6
573.51'
492.30'
\A1;VARIES
\A1;VARIES
112.67'
L8 N89°26'28"E 114.45'
L8
L9 44.42'
L9
L10 22.65'
L11 N89°26'28"E 64.65'
L12 N59°26'28"E 20.59'
L13 N89°26'28"E 46.31'

90.22'

77.57'

92.24'
N00°33'32"W

52.65'CASSAVA DRIVE
TRACT NO. 20362

MONTELENA ROAD
99 \A1;20'
\A1;27'
\A1;10'
\A1;20'
\A1;20'
\A1;20'
\A1;20'
\A1;20'
\A1;10'
\A1;10'
\A1;10'
\A1;10'
\A1;10'
\A1;10'
\A1;10'
\A1;10'
\A1;34'
\A1;75' \A1;75'
\A1;34'
\A1;66'
\A1;68'\A1;34'\A1;34'
\A1;68'\A1;34'\A1;34'
\A1;34'\A1;34'
\A1;54'
\A1;54'
\A1;108'
\A1;68'
\A1;34'\A1;34'
\A1;68'
\A1;54'
\A1;54'
\A1;66'
\A1;63'
\A1;75'
SHEET 6 OF 7 SHEETS
0 SCALE: 1"=100'
100 200 300 400
LOT 8

44.499 AC.

N.A.P.

LOT 'A'

3.561 AC.

L1
L3
L6

68.00'
N00°33'32"W
L4
377.98'
316.32'
N89°26'28"E

68.00'

71.50'
N00°33'32"W
N38°23'09"E(R)
122.30'
N89°26'28"E

68.00'
N89°26'28"E
C2
N89°12'56"W(PRC)
353.16' 54.00'
339.77' 453.53' 359.80' 132.50'
793.30' 352.80' 139.50'
1295.60'
N08°07'33"E(PRC)
321.76' 867.48' 42.42'
NO. R
C1 900.00' 100.00'
C2
NO. BEARING DISTANCE
L1 32.50'
L2 31.00'
L3 60.00'
L4 178.25'
L5 42.71'
L6 N00°33'32"W 43.50'
L2
1785.52'

85.83'
N66°49'16"E(PRC)
221.72'1140.80'
C1
C1532.14'

44.00'
L5
103°09'35" 74.00'
133.24'

68.00'
N89°26'28"E
N836°18'40"E(R)
LOT 3
SEE SHEET 4
LOT 4
SEE SHEET 4
LOT 7
SEE SHEET 5
LOT 6
SEE SHEET 5
LOT 2
SEE SHEET 3

CURVE TABLE CURVE TABLE
1871.36'
%%UNOTE:

SEE SHEET 2 FOR BASIS OF BEARINGS AND EASEMENT NOTES

CL SIERRA AVENUE

CASSAVA DRIVE

CL DUNCAN CANYON ROAD

FIELDCRESS DRIVE
2574.92' {\C1;[N00°33'32"W 2574.06'] }

PARK SITE
498.63'
460'
C3 2000.00' 46.89'
C3
C3
357.91'
203.75'
125.50'
N89°26'28"EGARDENS
STREET
TRACT NO. 20362

C/L MONTELENA ROAD

83.19'
\pxql;N88°57'35"E(R)
100
\A1;VARIES
\A1;50.89'
\A1;VARIES
\A1;5.06'
\A1;3.34'
\A1;10'
\A1;47.85'
\A1;VARIES
\A1;49.55'
\A1;VARIES
\A1;6.50'
\A1;7.65'
\A1;10'
\A1;20'
\A1;10'
\A1;10'
\A1;10'
SHEET 7 OF 7 SHEETS
0 SCALE: 1"=100'
100 200 300 400
276.38'
566.13' [566.05']
LOT 6
SEE SHEET 5
LOT 7
SEE SHEET 5

50.22'
54'
%%UNOTE:

SEE SHEET 2 FOR BASIS OF BEARINGS AND EASEMENT NOTES
104.64'
105.28'
550.58' (549.85')
{DETAIL "B"
SCALE 1"=40'}
{DETAIL "A"
SCALE 1"=40'}

86.24'44.19'36.00'MONTELENA DRIVE

MONTELENA DRIVE

CL SIERRA AVENUE

CL CASA GRANDE AVENUE

CL CASA GRANDE AVENUE
\A1;20'

52.65'
TRACT NO. 20362

64.65'
N89°26'28"E

46.31'

90.22'
N89°26'28"E 92.67'

26.82'

53.16'
145.23'

80.19'
\A1;30'
{DETAIL "C"
SCALE 1"=20'}

14.83'

34.09'

12.14'
{\C256;57.27'}

33.21' 16.47'

62.99'

CL CASSAVA DRIVE
LOT 4
SEE SHEET 4
LOT 6
SEE SHEET 5CL FIELDCRESS DRIVE
101
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1182 Agenda Date: 3/8/2022
Agenda #: C. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve replacement of securities for Tract No. 20018.

RECOMMENDATION:

Approve replacement of securities for infrastructure improvements of Tract No. 20018 and authorize the City Manager to enter into a Subdivision Agreement with D.R. Horton Los Angeles Holding Company, Inc. for construction of infrastructure improvements.

COUNCIL GOALS:
· To invest in The City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in The City’s infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community.

DISCUSSION:

Tentative Tract No. 20018 was approved by City Council on July 14, 2020. As a requirement of the project, the developer was conditioned to build infrastructure improvements of Tentative Tract No. 20018 located on the east side of Lytle Creek Road, north of Summit Avenue. Fontana 37, LLC posted a Subdivision Improvement Agreement and Securities for infrastructure improvements on September 11, 2020. Recently, D.R. Horton Los Angeles Holding Company, Inc. purchased the development from Fontana 37, LLC and has posted a Subdivision Improvement Agreement and Securities to complete the required infrastructure improvements. Therefore, this action will allow the securities from D.R. Horton Los Angeles Holding Company, Inc. to replace securities from Fontana 37, LLC which will be released. The requirements for the development of the subdivision have not changed.

FISCAL IMPACT:

There is no fiscal impact.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 3/3/2022Page 1 of 1
powered by Legistar™
102
TRACT MAP NO. 20018

CITY OF FONTANA, CALIFORNIA
103

Revised – KE -9/17/20

SUBDIVISION IMPROVEMENT AGREEMENT

Tract Map No.: 20018

THIS AGREEMENT is between the City of Fontana, a municipal corporation, County of San Bernardino, State of California ("City") and D.R. Horton Los Angeles Holding Company Inc ("Subdivider"):

WHEREAS, the application for tentative Tract Map No. 20018, was conditionally approved on July 14, 2020 ; and

WHEREAS, City desires to assure that the proposed improvements will be done in a good workmanlike manner and in accordance with the laws and standards now in force and effect in the City, the terms and conditions of which are incorporated herein by reference; and

WHEREAS, a Fi nal Map of the subdivision, prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council;

1. General requirements:

All required improvements have an estimated cost of construction totaling Four Million Six ty-One Thousand Nine Hundred Thirty -One Dollars ($4,061,931.00) as shown on Exhibit " A". Improvements are shown on approved plans on file with City Engineer.

The estimated cost of construction set forth in Exhibit “A” is for estimation purposes only, and for calculation of the amount of securities 104

Revised – KE -9/17/20

required pursuant to the provisions of section (2), below . Subdivider’s obligation to complete the improveme nts, or any portion of them, is not limited in any way by the estimated cost of construction, and the obligation of Subdivider’s surety in connection with the securities required pursuant to the provisions of section (2), below.

2. Security:

a. To ensure a faithful performance of this agreement in regard to the improvements in the amount of 100% of the estimated cost of construction of the improvements; and

c. To guarantee or warranty the work done pur suant to this agreement for a period of one (1) year following acceptance thereof by City Council of the City of Fontana against any defective work or labor done or defective materials furnished in the am ount of 20% of the esti mated cost of construction of the improvements; and

d. To warranty the setting of required subdivision monuments within one - year following recordation of the Final Map in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A".

e. To guarant ee the landscape maintenance of all landscape improvements for a period of one year (1) year following acceptance of thereof by the City.

The securities required by this agreement shall be kept on file with the City Clerk.

The terms of the security docu ments required by this agreement are hereby incorporated in this agreement by reference and copies attached hereto.

The security, which guarantees performance, can be released upon acceptance of the improvements by the City Council. The security which guarantees payment to contractor, sub -contractors and to persons furnishing labor, materials or equipment will be released 6 months after acceptance of the improvements by the 105

Revised – KE -9/17/20

City Council, less the total o f all claims to which t he City has been given proper notice.

Securities may be released upon the final completion and acceptance of the work subject to the provisions herein. The City Council, in its absolute discretion, may release a portion of the secu rity given for faithful performance of the improvement work as the improvement progresses upon application thereof by the Subdivider.

3. Time of Completion:

The City Engineer may grant or reject such extension, in whole or in part or with conditions, in his sole discretion. If a n extension of time is granted it shall in no way af fect the validity of this contract or release the surety on the securities referenced herein.

In the event that Subdivider fails to complete the improvements within the required period or any approved e xtension, the City may complete the work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. If City pursues completion of the improvement work, it may require Subdivider, or his surety, t o pay the City in advan ce, sufficient monies to cove r the City's cost in completing construction of the improvements.

Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not commence running until Subdivid er, or Subdivider’s surety pursuant to Section 2 of this Agreement, has provided the City Engineer with written notice of Subdivider’s intent to abandon or otherwise not complete the improvements.

4. Effective Date of Agreement:

This Agreement shall not become effective unless and until the Subdivision Map has been approved by the City Council of the City of Fontana and also accepted 106

Revised – KE -9/17/20

the Final Map for reco rdation by the County Recorder of the County of San Bernardino.

5. Utility Deposits - Statements:

Prior to the commencemen t of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and the City Engineer, signed by the Subdivider, and each public utility involved, to the eff ect that Subdivider has made all deposits legally required by such public utility for the connection/extension of any and all public serving utilities to be provided to or within the subdivision.

6. Permits - Compliance with Law:

Subdivider shall, at Su bdivider's expense, obt ain all necessary permits and licenses, pay all charges, fees and taxes, and give all necessary and incidental notices to the due and lawful prosecution of the work.

7. Definition and Ownership of Improvements:

The term "improveme nts" means: grading, pa ving, curbs and gutters, path ways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail upon plans, profiles and specificati ons which have been pre pared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer of the City of Fontana . No work on the improvements shall be commenced until plans and/or profiles therefore have been submitted, approved and permitted by the City Engin eer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of the improvements by the City Council.

8. Obligations of Subdivider:

Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the C ity thereof shall in no way relieve Subdivider of satisfactorily performing all work on the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications prepared by Subdivider or its engineer, and as approved by the C ity as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to all City codes and standards and that they are adequate to accomplish the work in a good workmanlik e manner and in accordance with responsible construction practices.

107

Revised – KE -9/17/20

9. Superintendence by Subdivider:

10. Repair and Replacements:

Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or by the City or by any public or private corporation, or by any person whoms oever or by combinat ion of such owners. Any such re pair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner.

11. Inspection by City:

Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider.

12. Approval by City Engineer.

All required improvemen ts shall be construc ted under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this co ntract if such work does not conform to the plans and specifications set forth herein or the City's Codes and standards. Any damage to the improvements (existing or new) that occurs during the course of work performed under this Agreement shall be repaire d or replaced, by th e Subdivider, to the satisfactio n of the City Engineer before the final acceptance of completed work and release of security.

13. Liability for Performance Injury or Damage:

Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any erro r or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any 108

Revised – KE -9/17/20

cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof.

14. Indemnification and Release:

Prior to the co mmencement of any wo rk pursuant to this contract, Su bdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees agains t loss or liability which may ar ise during the work or which may result from any of the work herein required to be done, including all costs of defending and claim arising as a result thereof. Minimum liability and property damage insu rance shall not be l ess than $250,000 for all damages arising out of bodily injury to a death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any occurrence; and not less than $250,000 for all damages and/or destruction of prop erty in any one occurrence and not less than $500,000 for all damages and/or destruction of property during the policy period.

Such policy shall be in favor of Subdivider or its contractors and of the Ci ty, its officers, agents, and employees and shall be maintained in full force and effect during the life of this contract. The policy shall state by its terms and by an endorsement that it shall not be cancelled until City shall have had at least ninety (90) days' notice in writing of such cancellation.

The Subdivider hereby releases and agrees to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, lo ss, damage and liabi lity, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or non -performance of any of or all work to be done in and upon premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, t he Subdivider's agents, employees, and sub -contractors, while engaged in the performance if the work.

15. Liability of Subdivider:

The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance b y the City shall in no way elimi nate or lessen any of Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within the subdivision shall not be construed in any manner to constitute an 109

Revised – KE -9/17/20

acceptance and approval of any or all of the required improvements in said subdivision.

16. Relationship of Contractors:

It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are n ot agents of the City, if any, a re those of independent contractors.

17. Repair or Reconstruction of Defective Work:

If, within a period of up to one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements for work done under t his Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the Cit y), repair or replace or reconst ruct any defective of otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or r eplacements to be made before Su bdivider can be notified, City may, at its own option, make the necessary repairs or replacements or perform the necessary work and offset that amount against any security pledged by Subdivider for faithful performance, labo r and materials, or warranty obl igations under this agreement.

18. Warranty:

Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and accep tance thereof by the City , and the setting of all required Final Map monuments.

19. Assignment:

This agreement shall not be assignable by Subdivider without written consent of City.

110

Revised – KE -9/17/20

SUBDIVIDER CITY OF FONTANA

By: By:

Shannon Yauchzee, Interim City Manager

By: Attest:

Tonia Lewis, City Clerk

APPROVED AS TO FORM:

By:

Ruben Duran, City Attorney

APPROVED AS TO CONTENT:

By:

Ricardo Sandoval, City Engineer

Attachments: (1) Exhibit "A" – Cost Estimate
(2) Exhibit "B" – Time Extension
(3) Securities

D.R. Horton Los Angeles Holding
Company, Inc.

Name: VICKI GULLION_________
Title: ASSISTANT SECRETARY_
111

Revised – KE -9/17/20

Exhibit “A”

INSERT ENGINEER’S

COST ESTIMATE

IN THIS SPOT

112
Revised 12/1/2016 – GM/RG

STAFF USE ONLY
ENGINEERING PC NO.
__________________

CITY OF FONTANA

ENGINEERING DEPARTMENT
COST ESTIMATE **EXHIBIT "A"**
SHEET 1
DATE: _____________________
DEVELOPER PROJECT NAME__________________
ENGINEER TRACT MAP NO._________________
PHONE NO. PARCEL MAP NO. _______________

STREET IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
6" CURB & GUTTER _ L.F. 17.00 __
8" CURB & GUTTER L.F. 19.00 _
8" THICK CROSS GUTTER S.F. 11.00 _
4" SIDEWALK S.F. 5.00 _
ACCESS RAMP EA 2500.00 _
DRIVE WAY APPROACHES S.F. 11.00 _
ASPHALT CONCRETE DIKES L.F. 11.00 _
FOG SEAL S.F. .10 ____
IMPORTED EMBANKMENT C.Y. 10.00 _
PREPARATION OF SUBGRADE S.F. .50 _
*A.C. TON 90.00 _
*A.C.OVERLAY(1"MI.THICKNESS) S.F. .80 _
**PCC CURB ONLY (MEDIAN) L.F. 16.00 _
ADJUST SEWER MANHOLE TO GRADE EA 500.00 _

ADJUST SEWER CLEAN OUT TO
GRADE EA 300.00 _
ADJUST WATER VALVES TO GRADE EA 250.00 _
BARRICADES L.F. 40.00 _
2 X 4 REDWOOD HEADER L.F. 5.00 _
*REMOVAL OF A.C. PAVEMENT S.F. .66 _
**REMOVAL OF P.C.C. CURB L.F. 6.00 _
*REMOVAL OF A.C. BERM L.F. 5.00 _
RETAINING WALL H=2 1/2 FT.

OR LESS L.F. 40.00 ________
BLOCK WALL H=6 FEET L.F. 50.00 ________
AGGREGATE BASE TON 30.00 _ __
GUARD POSTS EA 70.00 _
GUARD PANEL (WOOD) L.F. 40.00 _
SAWCUT L.F. 3.50 _
REFLECTORS AND POSTS EA 100.00 _
STREET SIGNS EA 25 0.00 _
______________________ ________ EA _______ ________
______________________ ________ EA _______ ________
______________________ ________ EA _______ ________ ______________________ ________ EA _______ ________ STREET IMPROVEMENT SUBTOTAL __
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
==== NAME SIGNS
ELPC20-000035

APPROVED
Permit No.:ELPC20-000035
By: Gabriel Guerrero
Date: 09/03/2020

DEPARTMENT OF ENGINEERING
113
Revised 12/1/2016 – GM/RG
SHEET 2

STORM DRAIN IMPROVEMENTS
UNIT

W=7 EA 4,000.00 ________
W=10 EA 4, 500.00 ________
W=14 EA 6,000.00 ________
W=21 EA 11,000.00 ________
W=28 EA 14,000.00 ________
JUNCTION STRUCTURE EA 3,200.00 ________

TRAFFIC TYPE JUNCTION
STRUCTURE EA 2,800.00 ________
DISCHARGE STRUCTURE EA 2,800.00 ________
MANHOLES EA 2,500.00 ________
LOCAL DEPRESSION EA 1,250.00 ________
GRATE INLET STRUCTURE EA 2,100.00 ________
_____________________ ________ EA ________ ________
_____________________ ________ EA ________ ________
_____________________ ________ EA ________ ________
STORM DRAIN IMPROVEMENT SUBTOTAL ________
* REINFORCE CONCR ETE PIPE

SANITARY SEWER IMPROVEMENTS
MANHOLES 60" DIAMETER EA 4,500.00 ________
MANHOLES 48" DIAMETER EA 4,000.00 ________
DROP MAN HOLES EA 4,500.00 ________
WYES EA 100.00 ________
CLEANOUTS EA 600.00 ________

REMODELING OF EXISTING
MANHOLE EA 950.00 ________
** 4" VCP L.F. 50.00 ________
** 6" VCP L.F. 6 0.00 ________
** 8" VCP L.F. 70.00 ________
** 10" VCP L.F. 80.00 ________
** 12" VCP L.F. 90.00 ________
** 15" VCP L.F. 100.00 ________
__________________ ________ L.F. _______ ________
__________________ ________ L.F. _______ ________
SANITARY SEWER IMPROVEMENT SUBTOTAL ________
** VITRIFIED CLAY PIPE
X 4'
XXXXXXX 96" CMP
XXX SDR-35 XXXXX 40.00
XXX SDR-35 XXXXX 37.00
114
Revised 12/1/2016 – GM/RG
SHEET 3

TRAFFIC SIGNALS/SIGN/STRIPING
UNIT

ITEM QUANTITY UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:

ONE CORNER L.S. 50K _
TWO CORNERS L.S. 100K _
TRAFFIC SIGNAL NEW L.S. 250K _
PAINT TRAFFIC STRIPE (1 COAT) L.F. 2.40 _
PAINT TRAFFIC STRIPE(2 COATS) L.F. .65 _
PEDESTRIAN CROSSWALK STRIPING L.F. .65 _

PAVEMENT MARKER
(NON REFLECTIVE) EA 2.50 ________
PAVEMENT MARKER (REFLECTIVE) EA 4.00 _
REFLECTORS AND POSTS EA 100.00 _
STREET SIGNS EA 250.00 _
___________________ ________ EA ________ ________
___________________ ________ EA ________ ________
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL __

CFD LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
AREA LANDSCAPED S.F. $12.00 _
CENTER MEDIAN S.F. $12.00 _
LANDSCAPING IMPROVEMENTS SUBTOTAL __________
"STOP"
115
Revised 12/1/2016 – GM/RG

SHEET 4
SUBTOTALS:

IMPROVEMENT SUBTOTAL ===================
(*USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*)

IMPROVEMENT SUBTOTAL.... ===================
ADD 35%..................... ____________________

BONDING TOTAL........___________________

APPROVED PUBLIC IMPROVEMENT PLANS:

Revised – KE -9/17/20

SUBDIVISON IMPROVEMENT AGREEMENT
Tract Map No.:

Exhibit “B”

I, D.R. Horton Los Angeles Holding Company Inc. (Subdivider’s name here) am the owner of the property to which this Request is being made for of a Time Extension for Project No. Tract 20018 - Onsite Improvements .

Name: Todd Funk
Subdivider’s Signature:

Subdivider’s Address: 2280 Wardlow Circle, Ste 100
Corona, CA 92280
Date:
(Attached Notary Acknowledgment)

CITY OF FONTANA
BY: DATE:

Ricardo Sandoval, City Engineer

[ ] DENY

[ ] APPROVED

NEW DATE:

117
118
119
120
121
122
123
124
125
126
127
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1193 Agenda Date: 3/8/2022
Agenda #: D. Category: Consent Calendar
FROM:

Human Resources
SUBJECT:

Resolution Ratifying the 2021-2024 Memorandum of Understanding for the Teamsters Local 1932, City Hall Bargaining Unit
RECOMMENDATION:

COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· To practice sound fiscal management by living within our means while investing in the future.

DISCUSSION:

The City has concluded negotiations with the Teamsters Local 1932, City Hall Unit (“CityHall”),which represents miscellaneous employees throughout all Departments across the City. City staff and representatives of City Hall have agreed on terms and conditions of employment outlined in the new contract. Staff is recommending the formal ratification of the new agreement.

The new City Hall contract is for the period of July 1, 2021 through June 30, 2024. Among the highlights of the new contract is a 3% salary increase following City Council ratification, in July 2022, and in July 2023.

FISCAL IMPACT:

The total cost of the 3-year contract with City Hall is approximately $1,320,730. Fiscal Year 2021/22 cost (Year 1 of the contract) is approximately $337,930.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 3/3/2022Page 1 of 1
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128

CITY OF FONTANA

CITY HALL BARGAINING UNIT

HOURLY/MONTHLY/ANNUAL PAY SCHEDULE
Effective 03/12/2022
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5

19.11 20.07 21.08 22.14 23.25 Hourly
3,312.40 3,478.80 3,653.87 3,837.60 4,030.00 Monthly
39,748.80 41,745.60 43,846.40 46,051.20 48,360.00 Annual

20.68 21.72 22.81 23.96 25.16
3,584.54 3,764.80 3,953.74 4,153.07 4,361.07
43,014.40 45,177.60 47,444.80 49,836.80 52,332.80

29.76 31.25 32.82 34.47 36.20
5,158.40 5,416.67 5,688.80 5,974.80 6,274.67
61,900.80 65,000.00 68,265.60 71,697.60 75,296.00

33.06 34.72 36.46 38.29 40.21
5,730.40 6,018.14 6,319.74 6,636.94 6,969.74
68,764.80 72,217.60 75,836.80 79,643.20 83,636.80

27.76 29.15 30.61 32.15 33.76
4,811.74 5,052.67 5,305.74 5,572.67 5,851.74
57,740.80 60,632.00 63,668.80 66,872.00 70,220.80

20.81 21.86 22.96 24.11 25.32
3,607.07 3,789.07 3,979.74 4,179.07 4,388.80
43,284.80 45,468.80 47,756.80 50,148.80 52,665.60

31.62 33.21 34.88 36.63 38.47
5,480.80 5,756.40 6,045.87 6,349.20 6,668.14
65,769.60 69,076.80 72,550.40 76,190.40 80,017.60

35.01 36.77 38.61 40.55 42.58
6,068.40 6,373.47 6,692.40 7,028.67 7,380.54
72,820.80 76,481.60 80,308.80 84,344.00 88,566.40

26.16 27.47 28.85 30.30 31.82
4,534.40 4,761.47 5,000.67 5,252.00 5,515.47
54,412.80 57,137.60 60,008.00 63,024.00 66,185.60

17.47 18.35 19.27 20.24 21.26
3,028.14 3,180.67 3,340.14 3,508.27 3,685.07
36,337.60 38,168.00 40,081.60 42,099.20 44,220.80

19.29 20.26 21.28 22.35 23.47
3,343.60 3,511.74 3,688.54 3,874.00 4,068.14
40,123.20 42,140.80 44,262.40 46,488.00 48,817.60

23.44 24.62 25.86 27.16 28.52
4,062.94 4,267.47 4,482.40 4,707.74 4,943.47
48,755.20 51,209.60 53,788.80 56,492.80 59,321.60

26.55 27.88 29.28 30.75 32.29
4,602.00 4,832.54 5,075.20 5,330.00 5,596.94
55,224.00 57,990.40 60,902.40 63,960.00 67,163.20
Account Clerk I CH01
Account Clerk II CH02
Accountant I CH03
Accountant II CH04
Accounting Technician CH05
Administrative Aide CH06
Administrative Analyst I CH07
Administrative Analyst II CH08
Administrative Assistant CH09
Administrative Clerk I CH10
Administrative Clerk II CH11
Administrative Technician CH12
Aquatics Coordinator CH13

Page 1 ends

CITY OF FONTANA

CITY HALL BARGAINING UNIT

HOURLY/MONTHLY/ANNUAL PAY SCHEDULE
Effective 03/12/2022
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5

30.97 32.52 34.15 35.86 37.66 Hourly
5,368.14 5,636.80 5,919.34 6,215.74 6,527.74 Monthly
64,417.60 67,641.60 71,032.00 74,588.80 78,332.80 Annual

38.20 40.11 42.12 44.23 46.45
6,621.34 6,952.40 7,300.80 7,666.54 8,051.34
79,456.00 83,428.80 87,609.60 91,998.40 96,616.00

33.06 34.72 36.46 38.29 40.21
5,730.40 6,018.14 6,319.74 6,636.94 6,969.74
68,764.80 72,217.60 75,836.80 79,643.20 83,636.80

41.99 44.09 46.30 48.62 51.06
7,278.27 7,642.27 8,025.34 8,427.47 8,850.40
87,339.20 91,707.20 96,304.00 101,129.60 106,204.80

36.33 38.15 40.06 42.07 44.18
6,297.20 6,612.67 6,943.74 7,292.14 7,657.87
75,566.40 79,352.00 83,324.80 87,505.60 91,894.40

28.45 29.88 31.38 32.95 34.60
4,931.34 5,179.20 5,439.20 5,711.34 5,997.34
59,176.00 62,150.40 65,270.40 68,536.00 71,968.00

31.30 32.87 34.52 36.25 38.07
5,425.34 5,697.47 5,983.47 6,283.34 6,598.80
65,104.00 68,369.60 71,801.60 75,400.00 79,185.60

28.45 29.88 31.38 32.95 34.60
4,931.34 5,179.20 5,439.20 5,711.34 5,997.34
59,176.00 62,150.40 65,270.40 68,536.00 71,968.00

31.93 33.53 35.21 36.98 38.83
5,534.54 5,811.87 6,103.07 6,409.87 6,730.54
66,414.40 69,742.40 73,236.80 76,918.40 80,766.40

23.44 24.62 25.86 27.16 28.52
4,062.94 4,267.47 4,482.40 4,707.74 4,943.47
48,755.20 51,209.60 53,788.80 56,492.80 59,321.60

26.02 27.33 28.70 30.14 31.65
4,510.14 4,737.20 4,974.67 5,224.27 5,486.00
54,121.60 56,846.40 59,696.00 62,691.20 65,832.00

28.02 29.43 30.91 32.46 34.09
4,856.80 5,101.20 5,357.74 5,626.40 5,908.94
58,281.60 61,214.40 64,292.80 67,516.80 70,907.20
Arborist CH14
Assistant Engineer CH14
Assistant Planner CH16
Associate Engineer CH17
Associate Planner CH18
Building Inspector I CH19
Building Inspector II CH20
Building Permit Technician CH21
Business License Technician CH22
Buyer CH23
Cable Production Specialist CH24
Assistant Park Planner CH15
(IT) Business Analyst I CH42

Page 2 ends

CITY OF FONTANA

CITY HALL BARGAINING UNIT

HOURLY/MONTHLY/ANNUAL PAY SCHEDULE
Effective 03/12/2022
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5

21.97 23.07 24.23 25.45 26.73 Hourly
3,808.14 3,998.80 4,199.87 4,411.34 4,633.20 Monthly
45,697.60 47,985.60 50,398.40 52,936.00 55,598.40 Annual

15.45 16.23 17.05 17.91 18.81
2,678.00 2,813.20 2,955.34 3,104.40 3,260.40
32,136.00 33,758.40 35,464.00 37,252.80 39,124.80

22.62 23.76 24.95 26.20 27.51
3,920.80 4,118.40 4,324.67 4,541.34 4,768.40
47,049.60 49,420.80 51,896.00 54,496.00 57,220.80

31.30 32.87 34.52 36.25 38.07
5,425.34 5,697.47 5,983.47 6,283.34 6,598.80
65,104.00 68,369.60 71,801.60 75,400.00 79,185.60

26.55 27.88 29.28 30.75 32.29
4,602.00 4,832.54 5,075.20 5,330.00 5,596.94
55,224.00 57,990.40 60,902.40 63,960.00 67,163.20

31.93 33.53 35.21 36.98 38.83
5,534.54 5,811.87 6,103.07 6,409.87 6,730.54
66,414.40 69,742.40 73,236.80 76,918.40 80,766.40

21.09 22.15 23.26 24.43 25.66
3,655.60 3,839.34 4,031.74 4,234.54 4,447.74
43,867.20 46,072.00 48,380.80 50,814.40 53,372.80

22.18 23.29 24.46 25.69 26.98
3,844.54 4,036.94 4,239.74 4,452.94 4,676.54
46,134.40 48,443.20 50,876.80 53,435.20 56,118.40

28.34 29.76 31.25 32.82 34.47
4,912.27 5,158.40 5,416.67 5,688.80 5,974.80
58,947.20 61,900.80 65,000.00 68,265.60 71,697.60

34.07 35.78 37.57 39.45 41.43
5,905.47 6,201.87 6,512.14 6,838.00 7,181.20
70,865.60 74,422.40 78,145.60 82,056.00 86,174.40

19.78 20.77 21.81 22.91 24.06
3,428.54 3,600.14 3,780.40 3,971.07 4,170.40
41,142.40 43,201.60 45,364.80 47,652.80 50,044.80

30.97 32.52 34.15 35.86 37.66
5,368.14 5,636.80 5,919.34 6,215.74 6,527.74
64,417.60 67,641.60 71,032.00 74,588.80 78,332.80
Cable Television Operations
Asst. CH25
Clerical Aide CH27
Code Compliance Technician CH28
Cashier CH26
Development Services
Representative CH32
Engineering Technician I CH33
CH31Development Services Permit
Aide
(IT) Desktop Systems Specialist CH31
Code Compliance Inspector CH29
Community Services
Coordinator CH30
Engineering Technician II CH34
Environmental Control Assistant CH35
Environmental Control
Specialist CH36

Page 3 ends

CITY OF FONTANA

CITY HALL BARGAINING UNIT

HOURLY/MONTHLY/ANNUAL PAY SCHEDULE
Effective 03/12/2022
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5

26.27 27.59 28.97 30.42 31.95 Hourly
4,553.47 4,782.27 5,021.47 5,272.80 5,538.00 Monthly
54,641.60 57,387.20 60,257.60 63,273.60 66,456.00 Annual

15.45 16.23 17.05 17.91 18.81
2,678.00 2,813.20 2,955.34 3,104.40 3,260.40
32,136.00 33,758.40 35,464.00 37,252.80 39,124.80

31.93 33.53 35.21 36.98 38.83
5,534.54 5,811.87 6,103.07 6,409.87 6,730.54
66,414.40 69,742.40 73,236.80 76,918.40 80,766.40

38.20 40.11 42.12 44.23 46.45
6,621.34 6,952.40 7,300.80 7,666.54 8,051.34
79,456.00 83,428.80 87,609.60 91,998.40 96,616.00

27.10 28.46 29.89 31.39 32.96
4,697.34 4,933.07 5,180.94 5,440.94 5,713.07
56,368.00 59,196.80 62,171.20 65,291.20 68,556.80

26.02 27.33 28.70 30.14 31.65
4,510.14 4,737.20 4,974.67 5,224.27 5,486.00
54,121.60 56,846.40 59,696.00 62,691.20 65,832.00

28.34 29.76 31.25 32.82 34.47
4,912.27 5,158.40 5,416.67 5,688.80 5,974.80
58,947.20 61,900.80 65,000.00 68,265.60 71,697.60

31.30 32.87 34.52 36.25 38.07
5,425.34 5,697.47 5,983.47 6,283.34 6,598.80
65,104.00 68,369.60 71,801.60 75,400.00 79,185.60

29.17 30.63 32.17 33.78 35.47
5,056.14 5,309.20 5,576.14 5,855.20 6,148.14
60,673.60 63,710.40 66,913.60 70,262.40 73,777.60

21.97 23.07 24.23 25.45 26.73
3,808.14 3,998.80 4,199.87 4,411.34 4,633.20
45,697.60 47,985.60 50,398.40 52,936.00 55,598.40

31.93 33.53 35.21 36.98 38.83
5,534.54 5,811.87 6,103.07 6,409.87 6,730.54
66,414.40 69,742.40 73,236.80 76,918.40 80,766.40

35.11 36.87 38.72 40.66 42.70
6,085.74 6,390.80 6,711.47 7,047.74 7,401.34
73,028.80 76,689.60 80,537.60 84,572.80 88,816.00
Environmental Control
Technician CH37
Environmental Control Trainee CH38
GIS Engineering Technician CH39
(IT) GIS Technician CH40
Landscape Technician I CH48
Housing Technician CH41
(IT) GIS Analyst CH43
Landscape Technician II CH49
Landscape Inspector CH47
Marketing Communications
Specialist CH50
Plan Check Engineer I CH52
Marketing Communications
Assistant CH51
Plan Check Engineer II CH53

Page 4 ends

CITY OF FONTANA

CITY HALL BARGAINING UNIT

HOURLY/MONTHLY/ANNUAL PAY SCHEDULE
Effective 03/12/2022
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5

28.34 29.76 31.25 32.82 34.47 Hourly
4,912.27 5,158.40 5,416.67 5,688.80 5,974.80 Monthly
58,947.20 61,900.80 65,000.00 68,265.60 71,697.60 Annual

31.30 32.87 34.52 36.25 38.07
5,425.34 5,697.47 5,983.47 6,283.34 6,598.80
65,104.00 68,369.60 71,801.60 75,400.00 79,185.60

27.48 28.86 30.31 31.83 33.43
4,763.20 5,002.40 5,253.74 5,517.20 5,794.54
57,158.40 60,028.80 63,044.80 66,206.40 69,534.40

33.89 35.59 37.37 39.24 41.21
5,874.27 6,168.94 6,477.47 6,801.60 7,143.07
70,491.20 74,027.20 77,729.60 81,619.20 85,716.80

37.27 39.14 41.10 43.16 45.32
6,460.14 6,784.27 7,124.00 7,481.07 7,855.47
77,521.60 81,411.20 85,488.00 89,772.80 94,265.60

31.30 32.87 34.52 36.25 38.07
5,425.34 5,697.47 5,983.47 6,283.34 6,598.80
65,104.00 68,369.60 71,801.60 75,400.00 79,185.60

38.40 40.32 42.34 44.46 46.69
6,656.00 6,988.80 7,338.94 7,706.40 8,092.94
79,872.00 83,865.60 88,067.20 92,476.80 97,115.20

36.33 38.15 40.06 42.07 44.18
6,297.20 6,612.67 6,943.74 7,292.14 7,657.87
75,566.40 79,352.00 83,324.80 87,505.60 91,894.40

35.01 36.77 38.61 40.55 42.58
6,068.40 6,373.47 6,692.40 7,028.67 7,380.54
72,820.80 76,481.60 80,308.80 84,344.00 88,566.40

31.44 33.02 34.68 36.42 38.25
5,449.60 5,723.47 6,011.20 6,312.80 6,630.00
65,395.20 68,681.60 72,134.40 75,753.60 79,560.00

21.09 22.15 23.26 24.43 25.66
3,655.60 3,839.34 4,031.74 4,234.54 4,447.74
43,867.20 46,072.00 48,380.80 50,814.40 53,372.80

28.58 30.01 31.52 33.10 34.76
4,953.87 5,201.74 5,463.47 5,737.34 6,025.07
59,446.40 62,420.80 65,561.60 68,848.00 72,300.80

34.39 36.11 37.92 39.82 41.82
5,960.94 6,259.07 6,572.80 6,902.14 7,248.80
71,531.20 75,108.80 78,873.60 82,825.60 86,985.60
Planning Compliance
Technician CH54
Planning Technician CH56
Planning Inspector CH55
Plans Examiner I CH57
Plans Examiner II CH58
Production Coordinator CH59
Project Coordinator CH60
Project Specialist CH61
(IT) Public Safety Systems
Specialist CH62
Public Works Inspector CH63
Senior Building Inspector CH65
Secretary CH64
Senior Administrative Aide CH76

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CITY OF FONTANA

CITY HALL BARGAINING UNIT

HOURLY/MONTHLY/ANNUAL PAY SCHEDULE
Effective 03/12/2022
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5

34.39 36.11 37.92 39.82 41.82 Hourly
5,960.94 6,259.07 6,572.80 6,902.14 7,248.80 Monthly
71,531.20 75,108.80 78,873.60 82,825.60 86,985.60 Annual

28.90 30.35 31.87 33.47 35.15
5,009.34 5,260.67 5,524.14 5,801.47 6,092.67
60,112.00 63,128.00 66,289.60 69,617.60 73,112.00

41.16 43.22 45.39 47.66 50.05
7,134.40 7,491.47 7,867.60 8,261.07 8,675.34
85,612.80 89,897.60 94,411.20 99,132.80 104,104.00

38.58 40.51 42.54 44.67 46.91
6,687.20 7,021.74 7,373.60 7,742.80 8,131.07
80,246.40 84,260.80 88,483.20 92,913.60 97,572.80

29.76 31.25 32.82 34.47 36.20
5,158.40 5,416.67 5,688.80 5,974.80 6,274.67
61,900.80 65,000.00 68,265.60 71,697.60 75,296.00

38.20 40.11 42.12 44.23 46.45
6,621.34 6,952.40 7,300.80 7,666.54 8,051.34
79,456.00 83,428.80 87,609.60 91,998.40 96,616.00

22.62 23.76 24.95 26.20 27.51
3,920.80 4,118.40 4,324.67 4,541.34 4,768.40
47,049.60 49,420.80 51,896.00 54,496.00 57,220.80

25.75 27.04 28.40 29.82 31.32
4,463.34 4,686.94 4,922.67 5,168.80 5,428.80
53,560.00 56,243.20 59,072.00 62,025.60 65,145.60

28.77 30.21 31.73 33.32 34.99
4,986.80 5,236.40 5,499.87 5,775.47 6,064.94
59,841.60 62,836.80 65,998.40 69,305.60 72,779.20

33.89 35.59 37.37 39.24 41.21
5,874.27 6,168.94 6,477.47 6,801.60 7,143.07
70,491.20 74,027.20 77,729.60 81,619.20 85,716.80

30.97 32.52 34.15 35.86 37.66
5,368.14 5,636.80 5,919.34 6,215.74 6,527.74
64,417.60 67,641.60 71,032.00 74,588.80 78,332.80

34.07 35.78 37.57 39.45 41.43
5,905.47 6,201.87 6,512.14 6,838.00 7,181.20
70,865.60 74,422.40 78,145.60 82,056.00 86,174.40

34.07 35.78 37.57 39.45 41.43
5,905.47 6,201.87 6,512.14 6,838.00 7,181.20
70,865.60 74,422.40 78,145.60 82,056.00 86,174.40
(IT) Senior Technician CH44
(IT) Telecommunications
Specialist CH72
Senior Code Enforcement
Inspector CH66
Senior Environmental Control
Technician CH67
Senior Plans Examiner CH68
(IT) Technician II CH46
Traffic Signal - Maintenance
Technician II CH75
(IT) Software Support
Technician CH71
Traffic Engineering Technician CH74
Senior Public Works Inspector CH69
Senior Traffic Signal
Maintenance Technician CH70
Traffic Signal Maintenance
Technician I CH73
(IT) Technician I CH45

Page 6 ends

RESOLUTION NO. 2022 -

A RE SOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF FONTANA AND THE TEAMSTERS LOCAL 1932, CITY HALL UNIT

AND APPROVING THE UPDATED CORRESPONDING SALARY TABLE

WHEREAS, the City Council of the City of Fontana h as adopt ed Memoranda of Understanding (MOU) which incorporate the terms , working conditions, and com pensation leve ls for the City ’s re presented bargain ing groups; and

WHEREAS, a MOU has expired, and the City and this labor group have agreed on new terms outlined in the new MOU.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fontana, to r atify the Memorandum of Understanding betwee n the City of Fontana and the Teamsters Local 1932, City Hall Unit and approve the updated corresponding salary table.

EFFECTIVE DATE: July 1, 2021

APPROVED AND ADOPTED this 8th day of March, 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, City C lerk of the City of Fontana , and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual R esolution duly and regularly adopted by the City Counci l of said City at a regular meeting thereof, held on March 8, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

___________________________
City Clerk of the City of Fontana

___________________________
Mayor of the City of Fontana

135
Resolution 2022-

Page 2 of 2 ends

ATTEST:

___________________________
City Clerk

136

MEMORANDUM OF UNDERSTANDING BETWEEN

CITY OF FONTANA
AND
TEAMSTERS LOCAL 1932,

CITY HALL BARGAINING UNIT

COVERING THE PERIOD OF

JULY 1, 2021 THROUGH JUNE 30, 2024

137

TABLE OF CONTENTS

ARTICLE 1: RECOGNITION ........................................................................................... 1 ARTICLE 2: CITY PERSONNEL RULES ........................................................................ 1 ARTICLE 3: NO DISCRIMINATION ................................................................................ 2 ARTICLE 4: UNION MEMBERSHIP ................................................................................ 2 Section 1. Dues Deduction .......................................................................................... 2 Section 2. Hold Harmless Clause ................................................................................ 3 Section 3. Employee's Right To Revoke Agency Shop ............................................... 3 ARTICLE 5: WAGES ....................................................................................................... 3 ARTICLE 6: WORKING HOURS AND WORK SCHEDULES ......................................... 3 ARTICLE 7: PERSONAL LEAVE ACCRUAL, LEAVE ACCRUAL LIMITS, LEAVE CASH OUT AND NEGATIVE LEAVE USAGE ........................................................................... 4 Section 1. Personal Leave Accrual .............................................................................. 4 Section 2. Leave Accrual Limits .................................................................................... 4 Section 3. Leave Cash Out .......................................................................................... 4 Section 4. Negative Leave Usage ............................................................................... 5 ARTICLE 8: BILINGUAL DIFFERENTIAL ....................................................................... 5 ARTICLE 9: CERTIFICATE PAY .................................................................................... 5 ARTICLE 10: HEALTH INSURANCE .............................................................................. 6 Section 1 Health Insurance ........................................................................................... 6 Section 2. Health Insurance Benefits While on Leave ................................................. 6 ARTICLE 11: OVERTIME AND COMPENSATORY TIME .............................................. 6 Section 1. Overtime ..................................................................................................... 6 Section 2. Compensatory Time ................................................................................... 7 ARTICLE 12: HOLIDAYS ................................................................................................ 7 Section 1. Holidays Observed ..................................................................................... 7 Section 2. Holiday Occurring on a Weekend ............................................................... 7 Section 3. Compensation for Working Holidays ........................................................... 8 Section 4. Eligibility for Holiday Pay ............................................................................ 8 Section 5. Winter Holiday Closure ............................................................................... 8 ARTICLE 13: RETIREMENT BENEFITS ........................................................................ 9 138
Section 1. Participation ................................................................................................ 9 Section 2. 1959 Survivor's Benefit ............................................................................. 10 Section 3. PERS Military Buy-Back ........................................................................... 10 Section 4. Health Insurance for Retired Employees .................................................. 10 ARTICLE 14: DEFERRED COMPENSATION .............................................................. 11 ARTICLE 15: LONGEVITY PAY ................................................................................... 11 ARTICLE 16: CALL BACK PAY .................................................................................... 12 ARTICLE 17: REGULAR/CLASSIFIED PART-TIME (RCP) EMPLOYEES ................... 12 ARTICLE 18: COMPENSATION FOR ACTING APPOINTMENTS ............................... 13 ARTICLE 19: STANDBY DUTY .................................................................................... 13 Section 1. Definition of Standby ................................................................................. 13 Section 2. Eligibility .................................................................................................... 13 Section 3. Assignment to Standby ............................................................................. 14 Section 4. Authority for Emergency Call Out ............................................................. 14 Section 5. Standby Compensation ............................................................................ 14 ARTICLE 20: UTILIZATION OF UNDERFILL CLASSIFICATIONS ............................... 15 Section 1. Budgetary Underfill ................................................................................... 15 Section 2. Trainee Underfill ....................................................................................... 15 ARTICLE 21: LAYOFFS ................................................................................................ 15 ARTICLE 22: MERIT INCREASES ............................................................................... 16 ARTICLE 23: SHORTS OPTION .................................................................................. 16 ARTICLE 24: ACCESS TO WORK LOCATIONS .......................................................... 16 ARTICLE 25: EMPLOYMENT-RELATED UPDATES .................................................... 16 ARTICLE 26: HEALTH AND SAFETY COMMITTEE .................................................... 17 ARTICLE 27: EDUCATIONAL ACHIEVEMENT PAY .................................................... 17 ARTICLE 28: WELLNESS ............................................................................................. 17 ARTICLE 29: UNIFORMS ............................................................................................. 18 Section 1. Uniform Allowance (July 2021) ........................................................................ 18 Section 3. State Labor Code Requirements .............................................................. 18 ARTICLE 30: SEVERABILITY ....................................................................................... 18 ARTICLE 31: LOCAL UNION ACTIVITIES ................................................................... 18 139
ARTICLE 32: GRIEVANCE PROCEDURE ................................................................... 19 ARTICLE 33: PAYMENTS OUTSIDE OF REGULAR PAY ........................................... 19 ARTICLE 34: VEHICLE ELECTRONIC TRACKING TECHNOLOGY ........................... 19 ARTICLE 35: SALARY SURVEY .................................................................................. 19 ARTICLE 36: REVIEW OF ENVIRONMENTAL CONTROL TECHNICIAN
CLASSIFICATION ..................................................................................................... 19

140

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MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF FONTANA
AND
TEAMSTERS LOCAL 1932 UNION,

CITY HALL BARGAINING UNIT

This Memorandum of Understanding ("Agreement") is entered into by the City of Fontana (hereinafter referred to as the "City") and the Teamsters Local 1932 Union (hereinafter referred to as the "Union"). The terms and conditions of this Agreement shall be applicable to all employees set forth in Appendix “A” commencing on July 1, 2021 and ending June 30, 2024.

The City and Union acknowledge that the City is working toward implementation of a new Human Resources & Payroll S ystem (“System”) during the term of this MOU. The completion and readiness of the System sha ll be a reopener as to all issues that are impacted. To the extent t he System’s implementation may impact terms and conditions of employment, the parties will meet, confer, and negotiate prior to implementation.

It is important to note that any monetary changes listed in th is contract will be effective March 12, 2022, unless stated otherwise.

ARTICLE 1: RECOGNITION

For purposes of meeting and conferring on wages, hours and working conditions and general representation of its members, formal recognition is hereby granted to the Union.

ARTICLE 2: CITY PERSONNEL RULES

It is understood and agreed that there exists wit hin the City, certain personnel rules, policies, practices and benefit s, generally contai ned in the "City of Fontana Personnel Rules and Regulations," and "Employer-Employee Rules and Regulations" as amended by City resolutions and Memorandum of U nderstanding. Those rules, policies, and benefits, which are subject to the meet and confer process, will continue in effect, except for those provisions modified by this Agr eement, unless and until modified by mutual agreement of the parties and enacted by the Cit y Council, if necessary, in accordance with state laws, orders, regulations, official instructions or policies. In the case of change, other than by agreement, the Un ion shall be consulted with as soon as possible on the change.

The City shall distribute a copy and any future updates of the MOU and Personnel Rules and Regulations as follows:

City Hall Representative (maximum of 2) – 1 electronic copy Union Business Agent - 1 copy (electronic and printed form)

The Union agrees to print and distribute all copies of the MOU and the Personnel Rules 141

Page 2 ends

and Regulations, as approved by the City Council, for each current and subsequent new member at their expense.

ARTICLE 3: NO DISCRIMINATION

Neither the City nor the Union shall unlawfully discriminate, retaliate, or otherwise suffer violation of the California Fair Employment Act, Title VII of the Civil Rights Act, or any other applicable anti-discrimi nation law in any way agains t any City employee, Union member, or applicant. Likewise, neither the City nor Union shall discriminate or retaliate against any employee or member for any lawful act relating to their employment or Union membership.

ARTICLE 4: UNION MEMBERSHIP

Section 1. Dues Deduction

The Union shall have the sole and exclusive right to have membership dues deducted for employees covered by this Agreement by the City, upon appropriate written authorization from such employee. Remittance shall be made by the City to t he Union within fifteen (15) working days of the deduction of such sums.

Except as set forth below, employees as a condition of employment shall, within thirty (30) days, either join the Un ion, or pay to the Union a se rvice fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the Union for the duration of the Agreement.

Any employee who is a member of a bona fide religion, body or sect which has historically held conscientious objection to joining or financially supporti ng public employee organizations shall not be required to join or financially support the Union as a condition of employment. Such employee shall pay an amount of money equivalent to regular Union dues to a non-religious, non-labor c haritable fund, chosen by the employee, exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. Proof of such payment shall be made on a monthly basis to the City as a condition of continued exemption from the requirement of financial support to the Union.

The City shall deduct, upon receipt of a duly executed form, properly signed by a member of the bargaining unit, either dues to the Union or service fees for nonmembers, as appropriate. The Union shall ad vise the City, in writing, of the dues amount to be deducted for each member. Any change in dues will be submitted to the City, in writing, thirty (30) days prior to the effective date of such change. The City shall, as soon as possible, notify the Union General Manager if any member of the bargaining unit revokes a dues/fees authorization.

Employees will be allowed to have insurance premiums deducted from their pay check to cover insurances offered by the Teamsters Local 1932 Union. Said Payment will be in a lump sum payable to the Union and the Union will be responsible for payment to the carriers and administration of the programs.
142

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Section 2. Hold Harmless Clause

In consideration of the above noted services, the Union agrees to release, indemnify and discharge the City from any liability or expenses , including, but not limited to, attorney's fees and reasonable costs, what soever as a result of any action taken pursuant to the provisions of this Article.

Section 3. Employee's Right To Revoke Agency Shop

Nothing herein shall be construed to modify employees' rights to revoke the Agency Shop provision of this MOU pursuant to the procedures set forth in Government Code Section 3502.5(b).

ARTICLE 5: WAGES

Effective March 12, 2022, all members of t he Union shall receive a one-time payment based upon the overall average of 3.0% of the group’s base salary paid from July 1, 2021 through March 11, 2022. It is important to note that this one-time payment will not be reported to CalPERS as compensation earnable for the purpose of calculating retirement benefits and contributions.

Effective March 12, 2022, each employee/classi fication represented by the Union shall receive a 3.0% base salary increase.

Effective the beginning of the pay per iod following July 1, 2022, each employee/classification represented by the Union shall receive a 3.0% base salary increase.

Effective the beginning of the pay period following July 1, 2023, each employee/classification represented by the Union shall receive a 3.0% base salary increase.

ARTICLE 6: WORKING HOURS AND WORK SCHEDULES

Employees in the Union work a "forty (40) hour work week", which may include but is not limited to a 9/80, 4/10, 5/8, or any other lawful schedule. The City agrees to meet and confer with employees in th e Union should it propose to change or modify the work schedules listed above. City Ha ll employees assigned to t he Public Works Department will follow the Public Works Department work schedule which is currently a 4/10.

The City Manager or designee(s) may change the work hours and/or days within the work schedules listed above for Union employees, wit hout any obligation to meet and confer, so long as the employee is provided notice fourteen (14) calendar days prior to the effective date of the change. “Changes in work schedules” are intended to be of a 143

Page 4 ends

permanent nature or for an extended period of time.

ARTICLE 7: PERSONAL LEAVE ACCRUAL, LEAVE ACCRUAL LIMITS, LEAVE

CASH OUT AND NEGATIVE LEAVE USAGE

Section 1. Personal Leave Accrual

The personal leave accrual rate shall be as follows:

Years of Service
Hours Assigned Pay Period Accumulation
0 but less than 2 Years 180 hours 6.92 hours
2 Years but less than 4 Years 190 hours 7.31 hours
4 Years but less than 6 Years 200 hours 7.69 hours
6 Years but less than 8 Years 210 hours 8.08 hours
8 Years but less than 10 Years 220 hours 8.46 hours
10 Years but less than 12 Years 232 hours 8.92 hours
12 Years but less than 14 Years 244 hours 9.38 hours
14 Years but less than 16 Years 256 hours 9.85 hours
16 Years but less than 18 Years 274 hours 10.54 hours
18 Years but less than 20 Years 292 hours 11.23 hours
20 + Years 312 hours 12.00 hours

Section 2. Leave Accrual Limits

The number of personal leave hours which can be carried over from year to year will be limited to a maximum of two and one half (2.5) years personal leave accrual. Employees will cease to accrue personal leave time unt il they have reduced their personal leave below their ceiling. The City Manager, at his di scretion, reserves the right to payout an employee's accrued personal leave time which is in excess of the two and one-half year ceiling and/or the 80 hour maximum, when such payment has been determined to be in the best interest of the City.

Section 3. Leave Cash Out

The maximum amount of leave time (personal leave, compensatory time or a combination of both) which can be cashed out under the City's "leave plan s" is eighty (80) hours per calendar year. Effective March 12, 2022, the requested cash out can be made at either or both dates below, via direct deposit, not to exceed the maximum amount listed in this Article per calendar year (July 2021):

To Be Paid By
 On or before July 31 st
 On or before the second Frida y in December

Employee’s leave time (as mentioned above) may not be reduced to less than eighty (80) hours as a result of participation in the annual leave cash out.

144

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The City Manager will annually determine if the City Council’s goal of a 15% general fund fiscal reserve and a 10% infrastructure reserve, as identified in the City Budget, has been achieved. If the above goals have been de termined to have been met, the maximum amount of leave time (personal leave, compens atory time or a combination of both), will be increased to one hundred and tw enty (120) hours, provided a dditional general funds are available.

Section 4. Negative Leave Usage

Employees may only use time already accr ued. The City Manager may, upon written request, approve exceptions to this provis ion under extraordinary circumstances where the employee provides a written deduction authorization allowing the City to withhold any monies owed from this negative leave usage from the employee's final paycheck.

ARTICLE 8: BILINGUAL DIFFERENTIAL

The City shall pay one hundred dollars ($100.00) per pay period for those employees who are assigned by the Department Head to assist with provid ing translation to and from a foreign language and other related services. Eligible employees will be required to pass a test which shall be administered by a qualified agency or individual.

ARTICLE 9: CERTIFICATE PAY

Certificate Bonus Pay shall be eliminated fo r City Hall employees, except that those employees currently receiving such pay sha ll continue to receive it so long as the certificate continues to be relevant to the employee's job duties and responsibilities. The decision of the Department Head on relevancy is final and is not subject to the grievance procedures.

145

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ARTICLE 10: HEALTH INSURANCE

Section 1 Health Insurance

Effective January 1, 2023, except as provided below, each month the City shall contribute to a cafeteria plan on behalf of each represented employee an amount equal to the total of the premium for coverage un der the lowest cost HMO insurance and the high option dental plan (for employee plus one tier, dental premiums are calculated at the employee plus child rate), all of which shall not exceed the amounts specified below. The amount that employees may receive under the City’s Cafeteria cash back option shall be limited to $558.35 per month: (July 2021)

2022 Teamsters 1932 City Hall Unit Cafeteria Plan*
Tier “Up to” Cafeteria Amount
Cash Back Option $558.35
Employee Only $718.46
Employee + 1 $1,519.94
Employee + Family $2,029.15
*the values indicated above may change on a year-to-year basis, based on premium costs for each calendar year.

Section 2. Health Insurance Benefits While on Leave

Employees who are eligible for disability insurance pay will receive health benefits for 90 days. Thereafter, the employee must pay for health benefits.

ARTICLE 11: OVERTIME AND COMPENSATORY TIME

Section 1. Overtime

Overtime shall be calculated at the rate of time and one-half for all time actually worked in excess of forty (40) hours in a workweek. There shall be no "pyramiding" of overtime (e.g., if an employee receives a minimum tw o hours call back pay at the overtime rate, and those hours worked also result in their working in excess of forty (40) hours in a work week, double overtime will not be paid.) For pur poses of overtime calculations the workweek will end at the midpoi nt of the employee's schedul ed shift on Friday of each week. Absence due to floating holidays, compensatory time off and unscheduled personal leave shall not be regarded as time worked in calculating eligibility for overtime with the following two exceptions: (1) leave time and/or floating holiday time required to be used for regularly scheduled work days duri ng the City’s Winter Holiday Closure and (2) official and observed legal holidays (e .g., non-floating holiday time) during the calendar year and Pre-approved/Pre-scheduled personal leave time and Jury Duty will be considered actual time worked. No overtime will be recognized except with the prior approval of the Department Head or designee.

146

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Section 2. Compensatory Time

An employee may not have accrued to their acc ount at the end of any fiscal year more than eighty compensatory time off hours. The cash value of any hours in excess of eighty credited to the employee's compensatory time account on June 30 of each year, shall be paid at the salary rate in effect on June 30 and will be paid out in conjunction with the City's Leave Payout program.

ARTICLE 12: HOLIDAYS

Section 1. Holidays Observed

The following days shall be observed by the City as paid holidays:

New Year's Da
y Labor Da y
Martin Luther King’s Birthday Veteran’s Da y
President’s Day Thanks giving
Memorial Day Da y after Thanksgiving
Independence Day Christmas Eve
Christmas Da y

In addition to these Holidays employees shall receive (3) Floating Holidays.

The holidays shall have the same hour equiva lent as the employee’s regular work schedule for that day (8, 9, or 10 hours) in or der that the affected employees no longer have to supplement observed holidays off with paid personal leave. However, the value of the day after Thanksgiving shall be 8 hours, unless an employee would normally work more than eight hours on that Friday (July 2013).

Floating Holidays. The employee’s holiday leave ac count shall receive 20 hours (for employees on 4/10 work schedule) or 18 hour s (for employees on 9/80 work schedule) or 16 hours (for employees on 5/8 work schedule) on January 1 and will receive 10 hours or 9 hours or 8 hours credit (depending on work schedule) on November 1.

Effective July 1, 2000, floating holidays must be used within the fiscal year earned, and may not be carried over from year to year. Floating holiday time not used by June 30 of each year will be forfeited by the employee.

Easter Sunday. The Community Services Department will make every effort to schedule its regular full time employees off in observance of Easter. (July 2013)

Section 2. Holiday Occurring on a Weekend

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writing, employees will be off on the holiday as stated.

Section 3. Compensation for Working Holidays

Employees who, because of their job duties, must work on a non-floating holiday will be paid for the actual hours worked, and at the employee's discretion, shall also receive an equivalent amount of compensatory time off or straight time payment in lieu of any holiday compensation set forth in Sections 1 or 2 above.

Section 4. Eligibility for Holiday Pay

In order to be eligible for a paid holiday, employees must be in a paid status both the day before and the day after the holiday. For example, if a holiday fell on a Monday, and the employee was on a 4/10 work schedule with Fridays off, the employee would be required to be in a paid status on the Thursday bef ore the holiday and the Tuesday following the holiday.

Section 5. Winter Holiday Closure

The City and the Union mutually agree to the closure of the City for business during the winter holiday period as follows:

2021: December 24, 2021 through January 1, 2022
2022: December 24, 2022 through January 1, 2023
2023: December 24, 2023 through January 1, 2024

In conjunction with City paid holiday time (Christmas Eve and Christmas Day), employees will be required to utilize their leave time (i.e., personal leave, compensatory time, floating holidays) to equal the remainder of their regular work schedule. Employees who have exhausted their leave time will be placed in a Leave Without Pay status for the closure period. However, if all of an employee's leave time has been exhausted due to a catastrophic event, and leave wi thout pay would result in an undue hardship, the City agrees to review such situations on an i ndividual basis, and where possible, provide alternatives which may help mitigate thei r situation. Employees requesting such consideration must submit their request in writing to the Human Resources Director prior to December 15th of each year.

Section 5.1. Hours Worked During the Winter Holiday Closure

a) Article 11 of this MOU generally prohi bits the application of any overtime rate unless the employee “actually worked in excess of forty (40) hours in a workweek.”

b) Article 11 of this MOU excepts from this general rule that paid leave time used during the Winter Holiday Closure shall be used in the calculation of hours for the purpose of determining overtime entitlement

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c) Article 12 Section 5 of this MOU requires employees to utilize their personal paid leave time to cover any time dur ing their regular shift not actually worked on those days during the Wint er Holidays Closure that are not already paid holidays

d) Article 12 Section 5 of this MOU does not require that the City to apply a full shift of paid leave for each non-holiday day in the Winter Holiday Closure, thereby converting any time actually worked into overtime. The City can and will utilize a partial day of paid leave when an employee actually works a particular day during the Winter Holiday Closure. Likewise, if an employee works a full day, no paid leave would be used. Paid leave is only used to cover the remainder, or unworked, part of that shift.

e) If an employee is called in on an “emergency” basis during the Winter Holiday Closure, such time would not re sult in the reduction of use of that employee’s paid leave time on the day in question. Thus, the employee would use a full shift of paid leave as if no actual hours had been worked, and such emergency hours would be counted as additional time toward the overtime calculation.

f) The term “emergency”, as referenced above, shall be defined in this context as work required to assess or addr ess a non-scheduled in cident requiring immediate attention at the risk of financial or catastr ophic loss to the City. “Emergency” shall also be defined to include assessment by standby personnel regarding whether an incident qualifies as an emergency.

g) Standby personnel shall have discreti on to designate his or her own work as “emergency” work, as defined above. Standby personnel shall also have discretion to designate the work of one (1) other employee, as needed, as “emergency” work related to an individual incident. Standby personnel shall be required, however, to obtain supervisor approval to designate additional employee time as “emergency” work.

ARTICLE 13: RETIREMENT BENEFITS

Section 1. Participation

The City participates in the CA Public Employees’ Retirement System (CAL-PERS).

Tier I
Employees hired prior to July 1, 2011 will have the 2.5% @ 55 PERS Plan for Local Miscellaneous Members and upon retirement an employee’s “final compensation” will be based on the highest one-year salary.

Effective the first full pay period in July 2011 employees in this group (pre-7-1-11) will pay three (3%) percent of the Employees’ portion of the CALPERS retirement system. The City shall pay the remainin g employee contribution (5%) ; provided, however said 149

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payments shall not exceed t he full employee portion of 8% . These payments are not salary increases but are the City's payment of employees' retirement contribution in accordance with Section 414(h)(2) of the Internal Revenue Code.

For the purposes of any future comparisons of the level of comp ensation of employees covered by this Agreement with comparable employees in other jurisdictions, these payments shall be taken into account along with measuring base salaries. These payments shall be credited to the employees' accounts with PERS.

Employees in this group (post 7-1-11) will pay the full employee portion of the CALPERS retirement system.

Tier III
Employees hired on or after January 1, 2013, as is mandated by the Public Employee’s Pension Reform Act of 2013 (PEPRA), all new miscellaneous members, will have a retirement formula based on 2.0% @ 62 Pl an Full Formula for Miscellaneous Members and upon retirement an employee’s “final co mpensation” will be based on the highest consecutive average. An employee in Tier III will pay 50% of Normal Costs. The amount is approved by CalPERS each year and is subject to change.

Section 2. 1959 Survivor's Benefit

The City provides the Level 4 of the Level 1959 Survivor's Benefit for all employees enrolled in the PERS. The cost to employees for this benefit will be $2.00 per month.

Section 3. PERS Military Buy-Back

The agreement between the City and PERS shall allow for the buy-back of time served by the employee in the Milit ary as defined under PERS Regulation, Section 21024, Statutes of 1976.

Section 4. Health Insurance for Retired Employees

All employees hired prior to June 30, 1990, who retire from the City (i.e. begin to draw from their PERS retirement accounts) and have a minimum of ten (10) years of City service shall be eligible for retiree health benefits. The City’s contributions towards retiree medical insurance shall not exceed the actu al costs for the employee or employee and spouse, based on the City Kaiser Rate. Employ ees who retire (i.e. begin to draw from their PERS retirement account) after 20 years of City service, shall be entitled to receive City paid retiree dental insurance for the employee or the employee and spouse.

Employees who are ineligible for City pai d retiree health insurance may elect upon retirement to continue medical and dental co verage at their own expense (including a 150

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reasonable administrative fee, not to exceed the statutory maximum for continuation coverage set forth under applicable law) through the City's medical and dental plans.

The City will reimburse the cost of the standard Part “B” Medicare premium, which is $134 in 2017, for those employees who elect such coverage. This amount is subject to change based on adjustments by the Federal government. This cost is automatically withdrawn from those employees' Social Security che cks. Employees must supply the City with proof of payment of said coverage, and will be reimbursed on a quarterly basis. No retroactive reimbursements will be given.

ARTICLE 14: DEFERRED COMPENSATION
Effective the beginning of the pay period fo llowing July 1, 2023, the City shall match employee contributions of up to $100/month into a 457(b) account managed by the City’s 457(b) provider.
(July 2021)

ARTICLE 15: LONGEVITY PAY

A. Longevity pay shall be paid to all Union employees who complete a minimum of ten (10) years of service at the rates indicated in Section B of this Article. Completed years of service will be calculated on a calendar year (January 1 through December 31). A member will be presumed to have completed a full year of service for purposes of this Article if the member’s anniversary date (service year completion date) falls within the calendar year. For example, if the City intends to iss ue the longevity payment on December 1, a member completing 15 years of service on December 12 will be credited with 15 years of serv ice for entitlement to the 15-year longevity payment on December 1. Union employees shall rece ive longevity pay via direct deposit by electing one form of payment below:
 A bi-weekly basis, equal to the amount indicated in Section B (i.e., a prorated portion of the annual longevity payment will be provided with each paycheck) and will be included on the employee’s next regular paycheck following eligibility, OR  A one-time per year payment, payable on or before the second Friday in December.

Employee’s longevity payments shall ceas e upon termination of employment. The Union employee may not change their payment option once they elect to receive it bi- weekly. For current Union employees (U nion employees prior to July 1, 2021) payment election must be submitted to the Human Resources Department on or before October 1st of each year to be effective the beginning of the pay period following January 1st of the following year. However, following City Council ratification of the contract, Union members must subm it their election to the Human Resources Department on or before March 17, 2022, to be effective in 2022. For all subsequent years, the October 1
st deadline above will apply. If an election is not made by the deadline indicated above, t he Union employee will be subject to the bi-weekly payment indicated above. Any new Union employees (on or after July 1, 2021) shall be subject to the bi-weekly payment. (July 2021)

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B. Annual longevity payments will be m ade based on completion of the following applicable length of service in the following amounts:

10 years or more of continuous service $ 1,750.00
15 years or more of continuous service $2,250.00
20 years or more of continuous service $2,750.00
25 years or more of continuous service $3,250.00

C. Longevity payments will be reported to PERS as compensation earnable for the purpose of calculating retirement benefits and contributions.

ARTICLE 16: CALL BACK PAY

The City will pay for a minimum of two (2) hours wages for each time an employee is called back to work after his regular shift is completed and he has left his assigned work site.

ARTICLE 17: REGULAR/CLASSIFIED PART-TIME (RCP) EMPLOYEES

The Union will represent those regular classified twelve (12) month part-time employees ("classified" refers to those classifi cations formally adopted by City Council and incorporated into the City's classification plan) who share a community of interest with the existing City Hall bargaining unit (hereinafter "Regular/Cla ssified Part-Time Employees or RCP employees"). Such employees shall also be eligible for benefits and other terms and conditions of employment as set forth in this MOU, except as provided herein. The parties expressly agree that Regular Part-Tim e Employees do not incl ude: (a) seasonal or temporary employees; or (b) employees who are either super visory, management or confidential.

RCP Employees shall be eligible for personal leave on a pro rata basis (assuming eighty (80) hours per pay period equals one hundred percent (100%)) and shall be compensated for City designated holidays, including floating holidays (currently 14 total holidays in 2017), based upon the employee’s normal work schedule regardless if they are scheduled to work on the actual date of the holiday . The value of the holiday will be based on employee’s normal scheduled hours for that day. RCP Employ ees shall not be eligible for longevity pay, or certificate bonuses. Part -time employment shall not count towards length of service for seniority or layoff purposes. Effective July 2014 RCP employees will be included in the annual service award progr am. RCP employees are eligible for the Public Agency Retirement System (PARS) or upon reaching 1,000 hours in a fiscal year the California Public Employ ees Retirement System (CAL PERS). Employees will pay applicable employee portions.

Regular Part-Time Employees shall be eligible to participate in a Cafeteria Plan designated by the City, and shall receive a contribution equal to fifty percent (50%) of the benefit provided to Regular Full-Time Employees. The benefits for this plan shall include medical insurance, dental insu rance, life insurance, and long- term disability insurance.

Employees who do not utilize the full dollar amount of the City's contribution in selecting 152

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benefits in the plan, shall receive the unused portion as “cash back.”

To the extent that the parties have failed to list any other benefits contained in the MOU or the City's Personnel Rules and Regulations, it is their intent that su ch benefits and conditions would apply to RCP Employees on a pro-rata basis where such benefits are conditioned upon, or in any way related to hours worked or length of service.

ARTICLE 18: COMPENSATION FOR ACTING APPOINTMENTS

Subject to the following conditions, an employee who is required, on the basis of an acting appointment, to serve in a class with a higher salary range than that of the class in which the employee is normally assigned, shall receiv e the entrance salary rate of the higher salary range or the rate of five percent (5%) higher than the employee normally receives, whichever is greater.

a) Such pay will be for all hours wo rked in an acting appointment which are in excess of 80 hours in any floating six-month period.

b) The employee must perform all the duties and assume all the responsibilities of the higher class.

c) Compensation for acting appointm ents shall be limited to the temporary filling of a vacant, r egular position due to termination, promotion, or extended sick leave of the incumbent or the temporary filling of a newly budgeted positi on, where the needs of the City require that the position be filled.

d) The City Manager must approve a ll such appointments based upon a finding that the criteria set forth in this paragraph have been met.

ARTICLE 19: STANDBY DUTY

Section 1. Definition of Standby

An employee who is assigned to be near at hand and ready to respond immediately to an emergency is on standby. Employee's assi gned to standby are required to be immediately available by te lephone (home or cell). Empl oyees within specifically identified classifications shall be required to perform standby duty to receive and handle emergency work during those hours when their Department is closed. Standby duty shall be performed in addition to the employee's r egular assignment. The Department will attempt to utilize volunteers to fill standby assignments, however, if there are no qualified volunteers, the Department reserves the right to make the required standby assignments.

Section 2. Eligibility

An employee may be eligible to be placed on the standby list once the employee has received sufficient training attested to by the Director or his/her designee; and has an 153

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overall performance evaluation rating of satisfactory or better.

Employees who hold the following classifica tions may be required to perform standby duty and will be eligible for standby pay:

Associate Engineer
Assistant Engineer
Building Inspector I
Building Inspector II
Engineering Technician I
Engineering Technician II
IT Senior Technician*
Public Safety Systems Specialist*
Public Works Inspector
Senior Traffic Signal Maintenance Technician
Traffic Engineering Technician
Traffic Signal Maintenance Technician

* Employees assigned to standby duty in the Information Technology Department shall rotate standby responsibilities on a week ly basis, as assigned. When on Standby status, the standby employee must respond to the work site within two hours if the problem cannot be corrected via remote access.

The City may designate additional positions for standby as recommended by department director(s) and approved by the Human Resources Director to meet the service needs of the City.

Section 3. Assignment to Standby

Standby assignments will be made by the Department Director or his/her designee(s) who shall establish a schedule for a specified period of time. The Director may change and/or modify the standby schedule as deemed necessary to ensure that the City's goals and objectives are achieved. All changes and/or m odifications are subject to the providing affected employees with a minimum of two weeks written notice.

Section 4. Authority for Emergency Call Out

If additional personnel are r equired to perform an emer gency assignment, the standby person is authorized to call out appropriate personnel or the signal maintenance contractor in accordance with the instruct ions provided by the Director or his/her designee.

Section 5. Standby Compensation

Effective March 12, 2022, an employee assigned to standby duty will be compensated at a rate of $250 per week, and will be entitled to overtime as provided for herein for any time worked as a result of being on standby and responding to a situation. (July 2021) 154

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ARTICLE 20: UTILIZATION OF UNDERFILL CLASSIFICATIONS

Section 1. Budgetary Underfill

Due to financial constraints, Departments may find it necessary to underfill higher allocated positions with lower, less expensive positions. If such an appointment is made for budgetary purposes, the incumbent shall remain at the lower classification, and shall not be assigned the duties of the higher allocated position.

Section 2. Trainee Underfill

In the absence of an eligibility list for the allocated position, departments may choose to utilize a lower classification position within the classification family. This type of underfill can expedite the filling of a vacancy. A Trainee underfill must be appointed from an appropriate eligibility list (i.e ., lower classification within t he classification family), and appointments must be made on a competitive basis. The employee must qualify for the higher classification within a specified period of time as outlined in the Trainee Underfill Agreement or be terminated. The employee shall be required to qualify by one or more of the following:

(1) Additional Experience;
(2) Additional Schooling;
(3) Possession of State Ce rtification or license;
(4) Probationary period progress report;
(5) Successful completion of an appropriate examination.

Employees who are appointed as a Trai nee underfill will not be entitled to any compensation for taking on the job duties and responsibilities of the higher classification during the Trainee period.

It will be the responsibility of the employee and their supervisor to notify the Human Resources Department when the employee appears eligible for promotion to the allocated position. An application form for the higher classification must be completed by the employee, and forwarded to the Human Res ources Department along with a signed memo from their Department Head indicating t hat they are requesting a review of the employee's current status to determine eligibility for the promotion.

The Human Resources Department will review the application and inform the Department Head of the effective date of the promotion if the employee is eligible.

ARTICLE 21: LAYOFFS

The City agrees to notify the Union representatives at least 30 calendar days prior to the imposition of furlough days for Union employees.

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ARTICLE 22: MERIT INCREASES

Merit increases will be 5% increments beginning with Step 1 and ending with Step 5.

ARTICLE 23: SHORTS OPTION

Field personnel may wear neutral or dark solid colored walki ng shorts if appropriate for the job. Upon the occurrence of the first inju ry attributable to wearing short pants (vs. long pants) the City and the Union agree to meet and confer.

ARTICLE 24: ACCESS TO WORK LOCATIONS

The parties recognize and agree t hat in order to maintain good employee relations, it is sometimes necessary for Labor Relations Representatives of the Teamsters Local 1932 to confer with City employees during working hours.

Therefore, Teamsters Local 1932 Labor Relations Representatives will be granted access to work locations during regular working hour s to investigate and process grievances or appeals when so necessary. Teamsters Loc al 1932 Labor Relations Representatives shall be granted access upon obtaining authorizat ion from the appointing authority or designated management representative prior to entering a work location and after advising of the general nature of the business. However, the appointing authority or designated management representative may deny access or terminate access to work locations if in their judgment, it is deemed that the visit would interfere with the efficiency, safety, or security of City operations. The appointing authority s hall not unreasonably withhold timely access to work locations. The appointing authority shall insure that there is at all times someone designated who shall hav e full authority to approve access. If a request is denied, the appointing authority or designated managem ent representative shall establish a mutually agreeable time for access to the employee.

Teamsters Local 1932 Labor Relations Representatives granted access to work locations shall limit such visits to a reasonable period of time, taking into consideration the nature of the grievance or appeal.

The appointing authority or designated management representative may mutually establish with the Teamster s Local 1932 Labor Relations Representative reasonable limits as to the number of visits authorized with the same employee on the same issue, and reasonable limits as to the number of employees who may participate in a visit when several employees are affected by a specific issue. The City shall not unduly interfere with Union's access to work locations.

ARTICLE 25: EMPLOYMENT-RELATED UPDATES

During the term of the MOU, a joint labor/management committee shall meet and confer on the City’s proposed changes to the Employer-Employee Relations Resolution, as well as proposed legally required updates to the City of Fontana Personnel Rules and Regulations.
(July 2017)
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ARTICLE 26: HEALTH AND SAFETY COMMITTEE

A joint labor/management committee shall be established with equal Teamsters Local 1932 and City representatives to discuss safety and health issues on a monthly or quarterly basis or as otherwis e determined by the committee. The committee shall be comprised of an equal number of representat ives from the Public Works and City Hall Unions.

ARTICLE 27: EDUCATIONAL ACHIEVEMENT PAY

Beginning in September 2018, the City shall provide a one-time graduation stipend to non-probationary Union member s as follows for possessing the corresponding, job- related degree, from an accredited college or university:

Bachelor’s Degree: $2,000
OR
Master’s Degree: $3,000*

*or $1,000 upon attainment of a Master’s Degree when the Union member has previously received the one-time graduation stipend for a Bachelor’s Degree.

The City agrees that by S eptember 30, 2018, the City will co mpensate all current Union members that hold job-related degrees, as indicated by the provisions outlined above, a one-time graduation stipend. Moving forward, educational achievement pay will be paid annually by September 30th of each year for those non-probationary Union members who obtain a degree, as outlined abov e, during the course of t heir employment with the City of Fontana. In order to be eligible to receive education pay in September, the degree must have been conferred to the Unio n member by August 1st of the same year. The Union will submit the appropriate documentation to the Human Resources Department in August of each year for those eligib le members. If a degree is f ound to be not job-related, the City will meet and discuss the it em with the Union prior to deni al. In addition, beginning September 2018, Union member s will no longer be eligible fo r the City’s Educational Expense Reimbursement Program.
(July 2017)

ARTICLE 28: WELLNESS

The City shall allow all employ ees represented by the Union use of the Miller and North Fontana Fitness Centers (ONLY) at no cost to the employee. Use of the centers is at each employee’s own risk and subject to the rules and regulations and hours of operation determined by the Community Services Department. Employees MUST show City issued ID to obtain access. Violation of any safety rule or regulations shall constitute valid grounds for revocation of the privilege of t he Fitness Center usage, not subject to grievance.
(July 2013)

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ARTICLE 29: UNIFORMS

Section 1. Uniform Allowance (July 2021)

Effective March 12, 2022, a uniform allowance in the amount of $400 per year will be paid to field employees holding the classification of Code Compliance Technician, Code Compliance Inspector, or Sr. Code Enforcem ent Inspector who are required to wear a uniform on a daily basis. The uniform allowance will be paid in semi-annual increments of one-half (1/2) in October and April of each year.

A newly appointed employee in any one of the above classifications will receive their full uniform allowance at the end of the first pay period following appointment. If the employee leaves, either voluntarily or involuntarily, during their probationary period, the full uniform allowance that was provided will be deducted from their final paycheck.

The uniform allowance is intended for the purchase and maintenance of uniforms. The City may request verification of annual uniform purchase or maintenance in January 2022, and anytime in the future if abuse is reasonably suspected.

Section 2. Boot Reimbursement

The City will provide up to a $200 reimbursement, once a calendar year, for the purchase of one pair of minimum 6-inch shaft work boots meeting OSHA standards, upon proof of purchase, for all employees that are required to wear work boots as defined by Department guidelines.

Section 3. State Labor Code Requirements

All members receiving a uniform allowa nce and boot reimburse ment must be in compliance with their respective Department’s existing policies and procedures, or as directed. The City will compensate any eligible employee for the repair or replacement of clothing or equipment damaged or destroyed in direct conseque nce of the discharge of his/her duties in accordance with State Labor Code Section 2802. (July 2021)

ARTICLE 30: SEVERABILITY

If any article of this Agreement shall be found to be in conflict with any statute or regulation of the United States or the St ate of California by a court of competent jurisdiction, such article or section shall be deemed to be null and void and of no further effect. However, such articles and sections shall be severable from the remainder of this Agreement, and all other provisions hereof shall continue in full force and effect.

ARTICLE 31: LOCAL UNION ACTIVITIES

The City will provide the City Hall Union one hundred (100) hours per Fiscal Year for steward meetings, trainings, new member orientations, and executive board meetings.

Requests must be made to the employee’s immediate supervisor a mi nimum of five (5) 158

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days in advance.

ARTICLE 32: GRIEVANCE PROCEDURE
The official procedure for all grievances ca n be found in the City’s Personnel Rules and Regulations Rule XIV – Grievance, Appeals, and Hearings. (July 2021)

ARTICLE 33: PAYMENTS OUTSIDE OF REGULAR PAY

Effective March 12, 2022, any and all payments outside of regular pay will be paid on a bi-weekly basis via direct deposit, unless specified otherwise. (July 2021)

ARTICLE 34: VEHICLE ELECTRONIC TRACKING TECHNOLOGY

The City will meet and confer with the Union to review technology and take input from the Union on implementation.
(July 2021)

ARTICLE 35: SALARY SURVEY

A “Benchmark” salary survey will be conduc ted six (6) months prior to the next negotiations process. Teamster s representatives will be incl uded in the discussions of the cities and the benchmark classifications t hat will be utilized in the survey. The final survey documents will be reviewed and discu ssed with Teamsters representatives. (July
2021)

ARTICLE 36: REVIEW OF ENVIRONMENTAL CONTROL TECHNICIAN

CLASSIFICATION

Following completion of the city-wide classification and compensation study, the City agrees to discuss any changes to the Environmental Control Technician classification and seek input from the Union regarding the findi ngs prior to implementation of any change. (July 2021)
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RATIFIED BY CITY COUNCIL: Tentative Agreement on February 8, 2022 Closed Session
Official Ratification on March 8, 2022
Consent Calendar

160
APPENDIX “A”

Job Class Title
Account Clerk I
Account Clerk II
Accountant I
Accountant II
Accounting Technician
Administrative Aide
Administrative Analyst I
Administrative Analyst II
Administrative Assistant
Administrative Clerk I
Administrative Clerk II
Administrative Technician
Aquatics Coordinator
Arborist
Assistant Engineer
Assistant Park Planner
Assistant Planner
Associate Engineer
Associate Planner
Building Inspector I
Building Inspector II
Building Permit Aide
Building Permit Technician
(IT) Business Analyst I
Business License Technician
Buyer
Cable Production Specialist
Cable TV Operations Asst.

Cashier
Clerical Aide
Code Compliance Technician
Code Compliance Inspector
Community Services Coordinator
(IT) Desktop Systems Specialist
Development Services Permit Aide
Development Services Representative
Engineering Technician I
Engineering Technician II
161
Environmental Control Assistant
Environmental Control Specialist
Environmental Control Technician
Environmental Control Trainee
(IT) GIS Analyst
GIS Engineering Technician
(IT) GIS Technician
Housing Technician
Landscape Inspector
Landscape Technician I
Landscape Technician II
Marketing Communication Specialist
Plan Check Engineer I
Plan Check Engineer II
Planning Compliance Technician
Planning Inspector
Planning Technician
Plans Examiner I
Plans Examiner II
Production Coordinator
Project Coordinator
Project Specialist
(IT) Public Safety Systems Specialist
Public Works Inspector
Secretary
Software Support Technician
Senior Administrative Aide
Senior Building Inspector
Senior Code Enforcement Inspector
Senior Environmental Control Technician
Senior Plans Examiner
Senior Public Works Inspector
(IT) Senior Technician
Senior Traffic Signal Maintenance Technician
(IT) Technician I
(IT) Technician II
(IT) Software Support Technician
(IT) Telecommunications Specialist
Traffic Engineering Technician
Traffic Signal Maintenance Technician I
Traffic Signal Maintenance Technician II
*The City will update the above list annually as new classifications are established for this Union. 162
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1194 Agenda Date: 3/8/2022
Agenda #: E. Category: Consent Calendar
FROM:

Human Resources
SUBJECT:

Resolution Ratifying the 2020-2024 Memorandum of Understanding for the Teamsters Local 1932, Public Works Bargaining Unit
RECOMMENDATION:

Adopt Resolution No. 2022-_____, a resolution of the City Council of the City of Fontana ratifying the Memorandum of Understanding between the City of Fontana and the Teamsters Local 1932, Public Works Bargaining Unit
COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· To practice sound fiscal management by living within our means while investing in the future.

DISCUSSION:

The City has concluded negotiations with the Teamsters Local 1932, Public Works Unit (“Public Works”), which represents employees within the Public Works Department. City staff and representatives of the Public Works Unit have agreed on terms and conditions of employment outlined in the new contract. Staff is recommending the formal ratification of the new agreement.

The new City Hall contract is for the period of July 1, 2020 through June 30, 2024. Among the highlights of the new contract is a 3% salary increase following City Council ratification, in July 2022, and in July 2023.

FISCAL IMPACT:

The total cost of the 4-year contract with Public Works Group is approximately $478,800. Fiscal year 2021/22 cost (Year 2 of the contract) is approximately $126,700.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 3/3/2022Page 1 of 1
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163

CITY OF FONTANA

PUBLIC WORKS BARGAINING UNIT

HOURLY/MONTHLY/ANNUAL/PAY SCHEDULE
Effective 03/12/2022
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5

22.94 24.09 25.30 26.57 27.90 Hourly
3,976.27 4,175.60 4,385.34 4,605.47 4,836.00 Monthly
47,715.20 50,107.20 52,624.00 55,265.60 58,032.00 Annual

30.48 32.01 33.62 35.31 37.08
5,283.20 5,548.40 5,827.47 6,120.40 6,427.20
63,398.40 66,580.80 69,929.60 73,444.80 77,126.40

25.23 26.50 27.83 29.23 30.70
4,373.20 4,593.34 4,823.87 5,066.54 5,321.34
52,478.40 55,120.00 57,886.40 60,798.40 63,856.00

27.72 29.11 30.57 32.10 33.71
4,804.80 5,045.74 5,298.80 5,564.00 5,843.07
57,657.60 60,548.80 63,585.60 66,768.00 70,116.80

25.85 27.15 28.51 29.94 31.44
4,480.67 4,706.00 4,941.74 5,189.60 5,449.60
53,768.00 56,472.00 59,300.80 62,275.20 65,395.20

27.21 28.58 30.01 31.52 33.10
4,716.40 4,953.87 5,201.74 5,463.47 5,737.34
56,596.80 59,446.40 62,420.80 65,561.60 68,848.00

29.30 30.77 32.31 33.93 35.63
5,078.67 5,333.47 5,600.40 5,881.20 6,175.87
60,944.00 64,001.60 67,204.80 70,574.40 74,110.40

20.36 21.38 22.45 23.58 24.76
3,529.07 3,705.87 3,891.34 4,087.20 4,291.74
42,348.80 44,470.40 46,696.00 49,046.40 51,500.80

22.41 23.54 24.72 25.96 27.26
3,884.40 4,080.27 4,284.80 4,499.74 4,725.07
46,612.80 48,963.20 51,417.60 53,996.80 56,700.80

28.84 30.29 31.81 33.41 35.09
4,998.94 5,250.27 5,513.74 5,791.07 6,082.27
59,987.20 63,003.20 66,164.80 69,492.80 72,987.20

20.36 21.38 22.45 23.58 24.76
3,529.07 3,705.87 3,891.34 4,087.20 4,291.74
42,348.80 44,470.40 46,696.00 49,046.40 51,500.80
Mechanic Assistant PW11
Equipment Operator I PW06
Maintenance Service
Worker I PW10
PW12Maintenance Services
Worker II
Maintenance Services
Crew Chief PW13
Equipment Operator II PW07
Equipment Operator III PW09
Aquatics Maintenance
Worker PW01
Chief Equipment Mechanic PW02
Equipment Mechanic II PW04
Equipment Mechanic I PW03

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CITY OF FONTANA

PUBLIC WORKS BARGAINING UNIT

HOURLY/MONTHLY/ANNUAL/PAY SCHEDULE
Effective 03/12/2022
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5

26.77 28.11 29.52 31.00 32.55 Hourly
4,640.14 4,872.40 5,116.80 5,373.34 5,642.00 Monthly
55,681.60 58,468.80 61,401.60 64,480.00 67,704.00 Annual

28.84 30.29 31.81 33.41 35.09
4,998.94 5,250.27 5,513.74 5,791.07 6,082.27
59,987.20 63,003.20 66,164.80 69,492.80 72,987.20

24.72 25.96 27.26 28.63 30.07
4,284.80 4,499.74 4,725.07 4,962.54 5,212.14
51,417.60 53,996.80 56,700.80 59,550.40 62,545.60

28.84 30.29 31.81 33.41 35.09
4,998.94 5,250.27 5,513.74 5,791.07 6,082.27
59,987.20 63,003.20 66,164.80 69,492.80 72,987.20

24.72 25.96 27.26 28.63 30.07
4,284.80 4,499.74 4,725.07 4,962.54 5,212.14
51,417.60 53,996.80 56,700.80 59,550.40 62,545.60

27.72 29.11 30.57 32.10 33.71
4,804.80 5,045.74 5,298.80 5,564.00 5,843.07
57,657.60 60,548.80 63,585.60 66,768.00 70,116.80

26.25 27.57 28.95 30.40 31.92
4,550.00 4,778.80 5,018.00 5,269.34 5,532.80
54,600.00 57,345.60 60,216.00 63,232.00 66,393.60

27.21 28.58 30.01 31.52 33.10
4,716.40 4,953.87 5,201.74 5,463.47 5,737.34
56,596.80 59,446.40 62,420.80 65,561.60 68,848.00
Senior Maintenance
Service Worker PW18
Welder PW08
Parks Technical Crew
Chief PW14
Pump Maintenance
Technician PW15
Tree Trimmer Specialist PW19
Senior Facilities
Maintenance Technician PW05
Pump Maintenance
Assistant PW17
Parks Maintenance
Technician PW16

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RESOLUTION NO. 2022 -

A RESOLUTION OF THE CITY COUNCIL OF THE C ITY OF FONTANA

RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF FONTANA AND THE TEAMSTERS LOCAL 1932, PUBLIC WORKS

UNIT AND APPROVING THE UPDATED CORRESPONDING SALARY TABLE

WHEREAS, the City Council of the City of Fontana has adopted Memoranda of Understanding (MOU) which incorporate the terms, working conditions, and compensation levels for the City’s represented bargaining groups; and

WHEREAS, a MOU has expired, and the City and this labor group have agreed on new terms outlined in the new MOU.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fontana, to ratify the Memorandum of Understanding between the City of Fontana and the Teamsters Local 1932, Public Works Unit and approve the updated corresponding salary table.

EFFECTIVE DATE: July 1, 2020

APPROVED AND ADOPTED this 8th day of March, 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, City Clerk of the City of Fontana, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council of said City at a regular meeting thereof, held on March 8, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

___________________________
City Clerk of the City of Fontana

___________________________
Mayor of the City of Fontana

166
Resolution 2022-

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ATTEST:

___________________________
City Clerk

167

MEMORANDUM OF UNDERSTANDING BETWEEN

CITY OF FONTANA
AND
TEAMSTERS LOCAL 1932,

PUBLIC WORKS UNIT

COVERING THE PERIOD OF

JULY 1, 2020 THROUGH JUNE 30, 2024
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TABLE OF CONTENTS

ARTICLE 1: RECOGNITION .......................................................................................... 1 ARTICLE 2: CITY PERSONNEL RULES ........................................................................ 1 ARTICLE 3: NO DISCRIMINATION ................................................................................ 2 ARTICLE 4: UNION MEMBERSHIP ............................................................................... 2 Section 1. Dues Deduction .......................................................................................... 2 Section 2. Hold Harmless Clause ................................................................................ 2 Section 3. Employee's Right to Revoke Agency Shop ................................................. 2 ARTICLE 5: WAGES ...................................................................................................... 2 ARTICLE 6: WORKING HOURS AND WORK SCHEDULES ......................................... 3 ARTICLE 7: PERSONAL LEAVE ACCRUAL, LEAVE ACCRUAL LIMITS, LEAVE CASH OUT AND NEGATIVE LEAVE USAGE ........................................................................... 4 Section 1. Personal Leave Accrual .............................................................................. 4 Section 2. Leave Accrual Limits .................................................................................... 4 Section 3. Leave Cash Out .......................................................................................... 4 Section 4. Negative Leave Usage ............................................................................... 5 ARTICLE 8: BILINGUAL DIFFERENTIAL ....................................................................... 5 ARTICLE 9: CERTIFICATE PAY .................................................................................... 5 ARTICLE 10: HEALTH BENEFITS .................................................................................. 5 Section 1. Cafeteria Plan .............................................................................................. 5 Section 2. Health Insurance Benefits While on Leave .................................................. 6 ARTICLE 11: OVERTIME AND COMPENSATORY TIME .............................................. 6 Section 1. Overtime. .................................................................................................... 6 Section 2. Compensatory Time. ................................................................................... 6 ARTICLE 12: HOLIDAYS ................................................................................................ 6 Section 1. Holidays Observed ..................................................................................... 6 Section 2. Holiday Occurring on a Weekend ................................................................ 7 Section 3. Compensation for Working Holidays ........................................................... 7 Section 4. Eligibility for Holiday Pay ............................................................................. 7 Section 5. Winter Holiday Closure ............................................................................... 8 Section 5.1. Hours Worked During the Winter Holiday Closure ................................... 8 169
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ARTICLE 13: RETIREMENT BENEFITS ........................................................................ 9 Section 1. Participation ................................................................................................ 9 Section 2. 1959 Survivor's Benefit ............................................................................. 10 Section 3. PERS Military Buy-Back ........................................................................... 10 Section 4. Health Insurance for Retired Employees .................................................. 10 ARTICLE 14: COMMERCIAL DRIVER’S LICENSE (CDL) PROGRAM ........................ 11 Section 1. .................................................................................................................... 11 Section 2. CDL Licensure Requirements ................................................................... 11 Section 3. CDL Stipend ............................................................................................. 12 ARTICLE 15: LONGEVITY PAY ................................................................................... 12 ARTICLE 16: CALL BACK PAY .................................................................................... 12 ARTICLE 17: REGULAR PART-TIME EMPLOYEES .................................................... 12 ARTICLE 18: COMPENSATION FOR ACTING APPOINTMENTS ............................... 13 ARTICLE 19: STANDBY DUTY .................................................................................... 14 Section 1. Assignment to Standby ............................................................................. 14 Section 2. Standby Compensation ............................................................................. 14 ARTICLE 20: LATERAL TRANSFER CONSIDERATION ............................................. 14 ARTICLE 21: LAYOFFS ................................................................................................ 14 ARTICLE 22: MERIT INCREASES ............................................................................... 14 ARTICLE 23: UNIFORM ALLOWANCE AND BOOT REIMBURSEMENT .................... 14 ARTICLE 24: ACCESS TO WORK LOCATIONS .......................................................... 15 ARTICLE 25: LOCAL UNION ACTIVITIES ................................................................... 15 ARTICLE 26: HEALTH AND SAFETY COMMITTEE .................................................... 16 ARTICLE 27: JOINT LABOR/MANAGEMENT COMMITTEES ..................................... 16 ARTICLE 28: WELLNESS ............................................................................................. 16 ARTICLE 29: SEVERABILITY ....................................................................................... 16 ARTICLE 30: DIRECT DEPOSIT .................................................................................. 16 ARTICLE 31: VEHICLE ELECTRONIC TRACKING TECHNOLOGY ........................... 16 170
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MEMORANDUM OF UNDERSTANDING BETWEEN

CITY OF FONTANA AND
TEAMSTERS LOCAL 1932, PUBLIC WORKS UNIT

This Memorandum of Understanding ("Agreement") is entered into by the City of Fontana (hereinafter referred to as the "City") and the Teamsters Local 1932 (hereinafter referred to as the "Union"). The terms and conditions of this Agreement shall be applicable to all classifications set forth in Appendix A commencing on July 1, 2020 and ending June 30, 2024.

The City and Union acknowledge that the City is working through the implementation of a new Human Resources & Payroll System (“System”) during the term of this MOU. The completion and readiness of the System shall be a reopener as to all issues that are impacted. To the extent the System’s implementation may impact terms and conditions of employment, the parties will meet, confer, and negotiate prior to implementation (July 2020).

It is important to note that any monetary changes listed in this contract will be effective March 12, 2022, unless stated otherwise.

ARTICLE 1: RECOGNITION

For purposes of meeting and conferring on wages, hours and working conditions and general representation of its members, formal recognition is hereby granted to the Union.

ARTICLE 2: CITY PERSONNEL RULES

It is understood and agreed that there exists within the City, certain personnel rules, policies, practices and benefits, generally contained in the "City of Fontana Personnel Rules and Regulations," and "Employer-Employee Rules and Regulations" as amended by City resolutions and Memoranda of Understanding. Those rules, policies, and benefits, which are subject to the meet and confer process, will continue in effect, except for those provisions modified by this Agreement, unless and until modified by mutual agreement of the parties and enacted by the City Council, if necessary, in accordance with state laws, orders, regulations, official instructions or policies. In the case of change, other than by agreement, the Union shall be consulted as soon as possible on the change.

The City shall distribute a copy and any future updates of the MOU and Personnel Rules and Regulations as follows:

Public Works Unit Representative (maximum of 2) – 1 electronic copy Union Business Agent – 1 copy (electronic and printed form)

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The Union agrees to print and distribute all copies of the MOU and the Personnel Rules and Regulations, as approved by the City Council, for each current and subsequent new member at their expense.

ARTICLE 3: NO DISCRIMINATION

Neither the City nor the Union shall unlawfully discriminate, retaliate, or otherwise suffer violation of the California Fair Employment Act, Title VII of the Civil Rights Act, or any other applicable anti -discrimination law, in any way against any City employee, Union member, or applicant. Likewise, neither the City nor Union shall discriminate or retaliate against any employee or member for any lawful act relating to their employment or Union membership.

ARTICLE 4: UNION MEMBERSHIP

Section 1. Dues Deduction

Union members may authorize dues deductions by submitting a written authorization to the Union, who will then notify the City of such deductions. Said authorization shall remain in effect unless withdrawn in writing by the Union, or unless the employee terminates employment or transfers from the Union (July 2020).

Employees will be allowed to have insurance premiums deducted from their pay check to cover insurances offered by the Teamster Local 1932. Said Payment will be in a lump sum payable to the Union and the Union will be responsible for payment to the carriers and administration of the programs

Section 2. Hold Harmless Clause

In consideration of the above noted services, the Union agrees to release, indemnify and discharge the City from any liability or expenses, including, but not limited to, attorney's fees and reasonable costs, whatsoever as a result of any action taken pursuant to the provisions of this Article.

Section 3. Employee's Right to Revoke Agency Shop

Nothing herein shall be construed to modify employees' rights to revoke the Agency Shop provision of this MOU pursuant to the procedures set forth in Government Code Section 3502.5(b).

ARTICLE 5: WAGES

Effective March 12, 2022, all members of the Union shall receive a one -time payment based upon the overall average of 2.5% of the group’s base salary paid from July 1, 2021 through March 11, 2022. It is important to note that this one -time payment will not 172
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be reported to CalPERS as compensation earnable for the purpose of calculating retirement benefits and contributions.

Effective March 12, 2022, each employee/classification represented by the Union shall receive a 3.0% base salary increase.

Effective the beginning of the pay period following July 1, 2022, each employee/classification represented by the Union shall receive a 3.0% base salary increase.

Effective the beginning of the pay per iod following July 1, 2023, each employee/classification represented by the Union shall receive a 3.0% base salary increase.

ARTICLE 6: WORKING HOURS AND WORK SCHEDULES

It is not the City's intent to eliminate the 4/10 work schedule for Union employees. The City agrees to meet and confer with employees in the Union should it propose to change or modify the 4/10 work schedule.

The City Manager or designee(s) may change the work hours and/or days within the 4/10 work schedule for Union members upon fourteen (14) calendar days’ notice to the affected employee. The Department Head or designee(s) will meet and discuss with any affected employees any proposed change of starting and ending times prior to the notice being issued. Changes in work schedules are intended to be of a permanent nature or for an extended period of time.

Notwithstanding the above, employees hired prior to 2005 cannot be assigned to work more than eight (8) weekends in any calendar year, except in emergency situations. All new employees, or employees called back from the re-employment list, may be subject to a work schedule which includes weekend work without limitation.

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ARTICLE 7: PERSONAL LEAVE ACCRUAL, LEAVE ACCRUAL LIMITS, LEAVE

CASH OUT AND NEGATIVE LEAVE USAGE

Section 1. Personal Leave Accrual

The personal leave accrual rate shall be as follows:

Years of Service Hours Assigned Pay Period Accumulation 0 but less than 2 Years 180 hours 6.92 hours
2 Years but less than 4 Years 190 hours 7.31 hours
4 Years but less than 6 Years 200 hours 7.69 hours
6 Years but less than 8 Years 210 hours 8.08 hours
8 Years but less than 10 Years 220 hours 8.46 hours
10 Years but less than 12 Years 232 hours 8.92 hours
12 Years but less than 14 Years 244 hours 9.38 hours
14 Years but less than 16 Years 256 hours 9.85 hours
16 Years but less than 18 Years 274 hours 10.54 hours
18 Years but less than 20 Years 292 hours 11.23 hours
20 + Years 312 hours 12.00 hours

Section 2. Leave Accrual Limits

The number of personal leave hours which can be carried over from year to year, will be limited to a maximum of two and one half (2.5) years personal leave accrual.

Employees will cease to accrue personal leave time until they have reduced their personal leave below their ceiling. The City Manager, at his discretion, reserves the right to payout an employee's accrued personal leave time which is in excess of the two and one half year ceiling and/or the 80 hour maximum, when such payment has been determined to be in the best interest of the City.

Section 3. Leave Cash Out

The maximum amount of leave time (personal leave compensatory time or a combination of both) which can be cashed out under the City's "leave plans" is eighty (80) hours per calendar year. Effective March 12 2022, the requested cash out can be made at either or both dates below, via direct deposit, not to exceed the maximum amount listed in this Article per calendar year (July 2020):

To Be Paid By
• On or before July 31st
• On or before the second Friday in December

Employee’s leave time (as mentioned above) may not be reduced to less than eighty (80) hours as a result of participation in the annual leave cash out.

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The City Manager will annually determine if the City Council’s goal of a 15% general fund fiscal reserve and a 10% infrastructure reserve, as identified in the City Budget, has been achieved. If the above goals have been determined to have been met, the maximum amount of leave time (personal leave, compensatory time or a combination of both), will be increased to one hundred and twenty (120) hours, provided additional general funds are available.

Section 4. Negative Leave Usage

Except as set forth below, employees may only use time already accrued. The City Manager may, upon written request, approve exceptions to this provision under extraordinary circumstances where the employee provides a written deduction authorization allowing the City to withhold any monies owed from this negative leave usage from the employee's final paycheck

ARTICLE 8: BILINGUAL DIFFERENTIAL

The City shall pay one hundred dollars ($100.00) per pay period for those employees who are assigned by the Department Head to assist with providing translation to and from a foreign language and other related services. Eligible employees will be required to pass a test which shall be administered by a qualified agency or individual.

ARTICLE 9: CERTIFICATE PAY

The maximum incentive an employee may earn is 2.5% of base salary regardless of the number of certificates earned/acquired.

Mechanics possessing an Automotive Service Excellence (ASE) Certification through the National Institute shall be eligible for Certificate Pay at the rate of 2.5% of base salary payable on a biweekly basis. To be el igible for this benefit, certifications must be related to the employee’s current job classification/job performance and must be approved, in advance, by the Department Director. Certificate Pay shall cease if employee’s certification expires and is not re newed or if the employee changes job classification and the certificate is no longer job related.

ARTICLE 10: HEALTH BENEFITS

Section 1. Cafeteria Plan

Effective January 1, 2007, for employees paying out-of-pocket, the City will contribute to the City’s Cafeteria Plan an amount equal to the cost of the Anthem Blue Cross HMO family rate with $15.00 co-pay and the high dental family rate. The City’s contribution shall not exceed the actual expenditures for the aforementioned coverage. The amount that employees may receive under the City’s Cafeteria cash back option shall be limited 175
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to $558.35 per month.

Section 2. Health Insurance Benefits While on Leave
Employees who are eligible for disability insurance pay will receive health benefits for ninety (90) days. Thereafter, the employee must pay for health benefits.

ARTICLE 11: OVERTIME AND COMPENSATORY TIME

Section 1. Overtime.

Overtime shall be calculated at the rate of time and one-half for all time actually worked in excess of forty (40) hours in a workweek. There shall be no "pyramiding" of overtime (e.g., if an employee receives a minimum two hours call back pay at the overtime rate, and those hours worked also result in their working in excess of forty (40) hours in a work week, double overtime will not be paid.) Absence due to floating holidays, compensatory time off and unscheduled personal leave shall not be regarded as time worked in calculating eligibility for overtime with the following exceptions: (1) leave time and/or floating holiday time required to be used for regularly scheduled work days during the City’s Winter Closure and (2) official and observed legal holidays (e.g., non- floating holiday time) during the calendar year and (3) Pre-approved/Pre-scheduled personal leave time and Jury Duty will considered actual time worked. No overtime will be recognized except with the prior approval of the Department Head or designee.

Section 2. Compensatory Time.

An employee may not have accrued to their account at the end of any fiscal year more than one hundred (100) compensatory time off hours. The cash value of any hours in excess of one hundred (100) credited to the employee's compensatory time account on June 30 of each year, shall be paid at the salary rate in effect on June 30, and will be paid out in conjunction with the City's Leave Payout program.

ARTICLE 12: HOLIDAYS

Section 1. Holidays Observed

The following days shall be observed by the City as paid holidays:

New Year's Day Labor Day
Martin Luther King’s Birthday Veteran’s Day
President’s Day Thanksgiving
Memorial Day Day After Thanksgiving
Independence Day Christmas Eve
Christmas Day

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In addition to these Holidays employees shall receive (3) Floating Holidays.

The holidays shall have the same hour equivalent as the employee’s regular work schedule for that day (8, 9, 10 hours) in order that the affected employees no longer have to supplement observed holidays off with paid personal leave. However, the value of the day after Thanksgiving shall be 8 hours, unless an employee would normally work more than eight hours on that Friday.

Floating Holidays. The employee’s holiday leave account shall receive 20 hours (for employees on 4/10 work schedule) or 18 hours (for employees on 9/80 work schedule) or 16 hours (for employees on 5/8 work schedule) on January 1, and will receive 10 hours or 9 hours or 8 hours credit (depending on work schedule) on November 1.

Floating holidays must be used within the fiscal year earned, and may not be carried over from year to year. Floating holiday time not used by June 30, of each year will be forfeited by the employee.

Section 2. Holiday Occurring on a Weekend

Holidays that fall on an employee's Friday off, will be observed on the prior Thursday, as will holidays occurring on Saturdays. Holidays occurring on Sunday will be observed on the following Monday. Holidays that otherwise fall on an employee's normal day off will be converted to a Floater. For those employees who have an alternate schedule outside of the Monday through Thursday schedule, in which Independence Day (July 4th) and Veteran’s Day ( November 11th) falls on their normally scheduled work day, the holiday shall be observed on the actual date. Unless specifically approved by the Department Head in writing, employees will be off on the holiday as stated.

Section 3. Compensation for Working Holidays

Section 4. Eligibility for Holiday Pay

In order to be eligible for a paid holiday, employees must be in a paid status both the day before and the day after the holiday. For example, if a holiday fell on a Monday, and the employee was on a 4/10 work schedule with Fridays off, the employee would be required to be in a paid status on the Thursday before the holiday and the Tuesday following the holiday.

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Section 5. Winter Holiday Closure

The City and the Union mutually agree to the closure of the City for business during the winter holiday period as follows:

2020: December 24, 2020 through January 1, 2021
2021: December 24, 2021 through January 1, 2022
2022: December 24, 2022 through January 1, 2023
2023: December 24, 2023 through January 1, 2024

Employees who have exhausted their leave time will be placed in a Leave Without Pay status for the closure period. However, if all of an employee's leave time has been exhausted due to a catastrophic event and leave without pay would result in an undue hardship, the City agrees to review such situations on an individual basis, and where possible, provide alternatives which may help mitigate their situation. Employees requesting such consideration, must submit their request in writing to the Human Resources Director prior to December 15th of each year.

Section 5.1. Hours Worked During the Winter Holiday Closure

a) Article 11 of this MOU generally prohibits the application of any overtime rate unless the employee “actually worked in excess of forty (40) hours in a workweek.”

b) Article XI of this MOU excepts from this general rule that paid leave time used during the Winter Holiday Closure shall be used in the calculation of hours for the purpose of determining overtime entitlement

c) Article XII Section 5 of this MOU requires employees to utilize their personal paid leave time to cover any time during their regular shift not actually worked on those days during the Winter Holidays Closure that are not already paid holidays

d) Article XII Section 5 of this MOU does not require that the City to apply a full shift of paid leave for each non -holiday day in the Winter Holiday Closure , thereby converting any time actually worked into overtime. The City can and will utilize a partial day of paid leave when an employee actually works a particular day during the Winter Holiday Closure. Likewise, if an employee works a full day, no paid leave would be used. Paid leave is only used to cover the remainder, or unworked, part of that shift.

e) If an employee is called in on an “emergency” basis during the Winter Holiday Closure, such time would not result in the reduction of use of that employ ee’s 178
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paid leave time on the day in question. Thus, the employee would use a full shift of paid leave as if no actual hours had been worked, and such emergency hours would be counted as additional time toward the overtime calculation.

f) The term “emergency” , as referenced above, shall be defined in this context as work required to assess or address a non -scheduled incident requiring immediate attention at the risk of financial or catastrophic loss to the City. “Emergency” shall also be defined to include as sessment by standby personnel regarding whether an incident qualifies as an emergency.

g) Standby personnel shall have discretion to designate his or her own work as “emergency” work, as defined above. Standby personnel shall also have discretion to designa te the work of one (1) other employee, as needed, as “emergency” work related to an individual incident. Standby personnel shall be required, however, to obtain supervisor approval to designate additional employee time as “emergency” work.

ARTICLE 13: RETIREMENT BENEFITS

Section 1. Participation

The City participates in the CA Public Employees’ Retirement System (CALPERS).

Tier I
Employees hired prior to July 1, 2011 will have the 2.5% @ 55 PERS Plan for Local Miscellaneous Members and upon retirement an employee's "final compensation" will highest one-year salary.

Effective the first full pay period in July 2011 employees in this group (pre-7-1-11) will pay three (3%) percent of the Employees’ portion of the CALPERS retirement system.

The City shall pay the remaining employee contribution (5%); provided, however said payments shall not exceed the full employee portion of 8%. These payments are not salary increases but are the City's payment of employees' retirement contribution in accordance with Section 414(h)(2) of the Internal Revenue Code.

For the purposes of any future comparisons of the level of compensation of employees covered by this Agreement with comparable employees in other jurisdictions, these payments shall be taken into account along with measuring base salaries. These payments shall be credited to the employees' accounts with PERS.

Tier II
Employees hired on or after July 1, 2011 will have the 2.0% @ 55 PERS Plan for Local Miscellaneous Members and upon retirement an employee's "final compensation" will be based on the highest consecutive 36 month average for determining retirement benefits. Employees in this group (post 7-1-11) will pay the full 179
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employee portion of the CALPERS retirement system.

Tier III
Employees hired on or after January 1, 2013 , as is mandated by the Public Employee’s Pension Reform Act of 2013 (PEPRA), all new miscellaneous members, will have a retirement formula based on 2 .0% @ 62 Plan Full Formula for Miscellaneous Members and upon retirement an employee’s “final compensation” will be based on the highest consecutive 36 month average . An employee in Tier III will pay 50% of Normal Costs. The amount is approved by CalPERS each year and is subject to change.

Section 2. 1959 Survivor's Benefit

The City provides the Level 4 of the Level 1959 Survivor's Benefit for all employees enrolled in the PERS. The cost to employees for this benefit will be $2.00 per month.

Section 3. PERS Military Buy-Back

The agreement between the City and PERS shall allow for the buy-back of time served by the employee in the Military as defined under PERS Regulation, Section 21024, Statutes of 1976.

Section 4. Health Insurance for Retired Employees

All employees hired prior to July 1, 1990, who retire (i.e., begin to draw from their PERS retirement accounts), and have a minimum of ten (10) years of City service shall be eligible for retiree health benefits. The City’s contributions towards retiree medical employee and spouse shall not exceed the actual costs for the employee or employee and spouse, based on the City Kaiser rate. Employees who retire (i.e. begin to draw from their PERS retirement account) after 20 years of City service, shall be entitled to receive City paid retiree dental insurance for the employee or for the employee and spouse.

Employees who are ineligible for City paid retiree health insurance may elect, upon retirement, to continue medical and dental coverage at their own expense (including a reasonable administrative fee, not to exceed the statutory maximum for continuation coverage set forth under applicable law) through the City's medical and dental plans.

The City will reimburse the cost of the standard "Part B" Medicare premium, which is $134 in 2017, for those employees who elect such coverage. This amount is subject to change based on adjustments by the Fede ral government. (July 2017) This cost is automatically withdrawn from those employees' Social Security checks. Employees must supply the City with proof of payment of said coverage, and will be reimbursed on a quarterly basis. No retroactive reimbursements will be given.

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ARTICLE 14: COMMERCIAL DRIVER’S LICENSE (CDL) PROGRAM

Section 1.

All positions within the Union are required to have a CDL. All employees that do not have the required CDL with appropriate endorsement(s) for the classification they currently hold (as of August 8, 2017 ) will be grandfathered into the CDL program.

However, if an employee wishes to p romote or laterally transfer, they will be required to comply with the CDL licensure requirements below. Current employees are strongly encouraged to participate in the City’s training program to obtain a driver’s license class and other endorsements that may be needed for future promotional purposes.

The City will pay for the CDL medical exam for all employees that hold CDLs if they are seen by the City’s contracted medical provider. If an employee is unable to maintain the medical certification portion of their CDL, the City will engage in the interactive process.

Section 2. CDL Licensure Requirements

a. The following positions require an appropriate CDL with the appropriate endorsement(s). However, newly hired, promotional, or lateral transfer empl oyees that possess a valid Driver’s License but not the appropriate CDL at time of application will be given six (6) months from time of appointment to obtain the appropriate CDL with appropriate endorsement(s):

Aquatics Maintenance Worker
Equipment Mechanic I
Equipment Mechanic II
Maintenance Services Worker I
Maintenance Services Worker II
Mechanics Assistant
Parks Maintenance Technician
Pump Maintenance Assistant
Pump Maintenance Technician
Welder

b. The following positions require a CDL wi th appropriate endorsement(s). Newly hired, promotional, or lateral transfer employees are required to possess the appropriate license and endorsement(s) at time of application:

Chief Equipment Mechanic
Equipment Operator I
Equipment Operator II
Equipment Operator III
Maintenance Services Crew Chief
Parks Technical Crew Chief
Senior Facilities Maintenance Technician
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Senior Maintenance Services Worker
Tree Trimming Specialist

The City will update the above lists annually as new classifications are established for this Union.

Section 3. CDL Stipend

Employees holding a valid Class “B” California Driver’s License shall receive a CDL stipend of $125 per month, and employees holding a valid Class “A” California Driver’s License shall receive a CDL stipend of $150 per month.

ARTICLE 15: LONGEVITY PAY

All Union employees will be eligible to receive an annual longevity payment. Completed years of service will be calculated on a calendar year (January 1 through December 31). This payment will be included as reportable income to PERS. The payment will be issued on or before December 15th of each year and will be based on completed City of Fontana service in the following amounts:

10 years or more of continuous service $ 1,750.00
15 years or more of continuous service $2,250.00
20 years or more of continuous service $2,750.00
25 years or more of continuous service $3,250.00

ARTICLE 16: CALL BACK PAY

The City will pay for a minimum of two (2) hours wages for each time an employee is called back to work after his regular shift is completed and he has left his assigned work site.

ARTICLE 17: REGULAR PART-TIME EMPLOYEES

The Union will represent those regular classified twelve (12) month part-time employees ("classified" refers to those classifications formally adopted by City Council and incorporated into the City's classification plan) who share a community of interest with the existing Union (hereinafter "Regular Part-time Employees"). Such employees shall also be eligible for benefits and other terms and conditions of employment as set forth in this MOU, except as provided herein. The parties expressly agree that Regular Part-time employees do not include: (a) seasonal or temporary employees; or (b) employees who are either supervisory, management or confidential.

Regular/Classified Part-Time (RCP) Employees shall be eligible for personal leave on a pro rata basis (assuming eighty (80) hours per pay period equals one hundred percent (100%) and shall be paid for City designated holidays only if the holidays occur on days which they are regularly scheduled to work. The value of the holiday will be based on 182
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employee’s normal scheduled hours for that day. RCP Employees shall not be eligible for longevity pay, or certificate bonuses. Part-time employment shall not count towards length of service for seniority or layoff purposes. Effective July 2014 RCP employees will be included in the annual service award program. RCP employees are eligible for the Public Agency Retirement System (PARS) or upon reaching 1,000 hours in a fiscal year the California Public Employees Retirement System (CALPERS). Employees will pay applicable employee portions.

Regular Part-time Employees shall be eligible to participate in a Cafeteria Plan designated by the City, and shall receive a contribution equal to fifty percent (50%) of the benefit provided to Regular Full-Time Employees. The benefits for this plan shall include medical insurance, dental insurance, life insurance, and long-term disability insurance. Employees who do not utilize the full dollar amount of the City's contribution in selecting benefits in the plan, shall receive the unused portion as “cash back.”

To the extent that the parties have failed to list any other benefits contained in the MOU or the City's Personnel Rules and Regulations, it is their intent that such benefits and conditions would apply to Regular Part-time Employees on a pro-rata basis where such benefits are conditioned upon, or in any way related to hours worked or length of service.

ARTICLE 18: COMPENSATION FOR ACTING APPOINTMENTS

Subject to the following conditions, an employee who is required, on the basis of an acting appointment, to serve in a class with a higher salary range than that of the class in which the employee is normally assigned shall receive the entrance salary rate of the higher salary range or the rate of five percent (5%) higher than the employee normally receives, whichever is greater.

a) Such pay will be for all hours worked in an acting appointment which are in excess of 80 hours in any floating six-month period.

b) The employee must perform most of the primary duties and higher responsibilities of the higher class.

c) Compensation for acti ng appointments shall be limited to the temporary filling of a vacant regular position due to termination, promotion, or extended sick leave of the incumbent or the temporary filling of a newly budgeted position, where the needs of the City require that the position be filled.

d) The Department Head, with concurrence of the Human Resources Director, must approve all such appointments based upon a finding that the criteria set forth in this paragraph has been met.
e) Acting appointments shall not exceed six (6) months. 183
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ARTICLE 19: STANDBY DUTY

Section 1. Assignment to Standby

Standby assignments and requirements for employees assigned to standby duty will be determined by the Department Head or designee(s).

Section 2. Standby Compensation

An employee assigned to standby duty will be compensated at a rate of $250.00 per week, and will be entitled to overtime as provided for herein. In accordance with Article XVI, Call Back Pay, the City will pay for a minimum of two (2) hours wages for each time an employee is called back to work after his regular shift is completed and he has left his assigned work site.

ARTICLE 20: LATERAL TRANSFER CONSIDERATION

Initial consideration for all vacant positions within Union represented classifications will be given to Lateral Transfer requests. If there are multiple qualified candidates the following factors will be considered by management in making the selection: relative experience, past performance and seniority. Employees with attendance or disciplinary issues within the last twelve (12) months may be excluded. If it is determined that there is not a suitable Lateral Transfer, based on the factors listed, the recruitment may become a promotional or an open recruitment.

ARTICLE 21: LAYOFFS

The City agrees to notify the Union representatives at least thirty (30) calendar days prior to the imposition of furlough days for Union.

ARTICLE 22: MERIT INCREASES

Merit increases will be 5% increments beginning with Step 1 and ending with Step 5.

ARTICLE 23: UNIFORM ALLOWANCE AND BOOT REIMBURSEMENT

Uniforms and the cleaning costs of the uniforms will be provided by the City for Public Works Department employees. Employees may wear clean, non-tattered jeans as a substitute for uniform pants. In addition, the City will provide a uniform short which may be worn by Public Works employees if not inappropriate for the job. Upon the occurrence of the first injury attributable to wearing short pants (vs. long pants) the City and the Union agree to meet and confer on the issue of continuing the shorts option.

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Boot Reimbursement: Effective March 12, 2022 , t he City will provide up to a $ 200 reimbursement, once a calendar year, for the purchase of one pair of either steel toed or composite-toed, minimum 6 inch shaft work boots meeting OSHA standards, upon proof of purchase (July 2020) . This reimbursement is f or the annual purchase of the required safety footwear and may be monitored by the City to confirm compliance.

ARTICLE 24: ACCESS TO WORK LOCATIONS

The parties recognize and agree that in order to maintain good employee relations, it is sometimes necessary for Business Agents of the Union confer with City employees during working hours.

Therefore, Union Business Agents will be granted access to work locations during regular working hours to investigate and process grievances or appeals when so necessary. Union Business Agents shall be granted access upon obtaining authorization from the appointing authority or designated management representative prior to entering a work location and after advising of the general nature of the business. However, the appointing authority or designated management representative may deny access or terminate access to work locations if in their judgment, it is deemed that the visit would interfere with the efficiency, safety, or security of City operations. The appointing authority shall not unreasonably withhold timely access to work locations. The appointing authority shall insure that there is at all times someone designated who shall have full authority to approve access. If a request is denied, the appointing authority or designated management representative shall establish a mutually agreeable time for access to the employee.

Union Business Agents granted access to work locations shall limit such visits to a reasonable period of time, taking into consideration the nature of the grievance or appeal.

The appointing authority or designated management representative may mutually establish with the Union Business Agents reasonable limits as to the number of visits authorized with the same employee on the same issue, and reasonable limits as to the number of employees who may participate in a visit when several employees are affected by a specific issue. The City shall not unduly interfere with the Union's access to work locations.

ARTICLE 25: LOCAL UNION ACTIVITIES

The City will provide the Union one hundred (100) hours per Fiscal Year for steward meetings, trainings, new member orientations, and executive board meetings. Requests must be made to the employee’s immediate supervisor a minimum of five (5) days in advance.

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ARTICLE 26: HEALTH AND SAFETY COMMITTEE

A joint labor/management committee shall be established with equal Union and City representatives to discuss safety and health issues on a monthly or quarterly basis or as otherwise determined by the committee. The committee shall be comprised of an equal number of representatives from the Public Works and City Hall Unions.

ARTICLE 27: JOINT LABOR/MANAGEMENT COMMITTEES

During the term of this MOU, a joint labor/management committee will be established, comprised of four (4) Union Stewards, one (1) Business Agent, and Department management. The purpose of this committee will be to discuss con cerns including training, cross-training, use of Part-Time employees, workload, etc. These meetings will be scheduled depending on necessity, anticipated to be quarterly.

A joint labor/management committee shall also meet and confer on the City’s proposed changes to the Employer -Employee Relations Resolution, as well as proposed legally required updates to the City of Fontana’s Personnel Rules & Regulations.

ARTICLE 28: WELLNESS

The City shall allow all employees represented by the Union use of the Miller and North Fontana Fitness Centers (Only) at no cost to the employee. Use of the centers is at each employee’s own risk, and subject to the rules and regulations and hours of operation determined by the Community Services Department. Employees MUST show City issued ID to obtain access. Violation of any safety rule or regulations shall constitute valid grounds for revocation of the privilege of Fitness Center usage, not subject to grievance.

ARTICLE 29: SEVERABILITY

Should any legal action be filed and upheld challenging the enforceability or validity of any economic provision of this Agreement, or if any provisions of this Agreement shall be held by a court of competent jurisdiction to be in conflict with any law of the United States or California, the City or the Union may, at its option, require the parties to meet and confer on a new Memorandum of Understanding.

ARTICLE 30: DIRECT DEPOSIT

Effective March 12, 2022 , any and all payments outside of regular pay will be paid via direct deposit.

ARTICLE 31: VEHICLE ELECTRONIC TRACKING TECHNOLOGY

The City will meet and confer with the Union to review technology and take input from the Union on implementation. (July 2020)
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Ratified by City Council: Tentative Agreement on February 8, 2022, Closed Session Official Ratification on March 8, 2022, Consent Calendar

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Appendix “A”

Job Class Title
Aquatic Maintenance Worker
Chief Equipment Mechanic
Equipment Mechanic I
Equipment Mechanic II
Equipment Operator I
Equipment Operator II
Equipment Operator III
Maintenance Services Crew Chief
Maintenance Services Worker I
Maintenance Services Worker II
Mechanics Assistant
Parks Maintenance Technician
Parks Technical Crew Chief
Pump Maintenance Assistant
Pump Maintenance Technician
Senior Facilities Maintenance Technician
Senior Maintenance Services Worker
Tree Trimming Specialist
Welder
*The City will update the above list annually as new classifications are established for this Union.

188
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1233 Agenda Date: 3/8/2022
Agenda #: F. Category: Consent Calendar
FROM:

Management Services
SUBJECT:

American Rescue Plan Act Recommended Expenditure Plan
RECOMMENDATION:

Approve the American Rescue Plan Act Recommended Expenditure Plan in the amount of $50,257,113 and associated budget adjustments.

COUNCIL GOALS:
· To operate in a businesslike manner by improving services through the effective use of technology.
· To practice sound fiscal management by producing timely and accurate financial information. · To practice sound fiscal management by emphasizing capital formation. · To practice sound fiscal management by living within our means while investing in the future. · To improve public safety by increasing operational efficiency, visibility, and availability. · To invest in the city's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.
· To preserve the local environment for generations to come and to create a healthy economic and environmental future by creating communities and neighborhoods that are attractive, safe, and convenient for walkers and bicyclists.

DISCUSSION:

The American Rescue Plan Act (ARPA) was signed into law on March 11, 2021, providing additional relief to address the continued impact of COVID-19 on the economy, public health, state and local governments, individuals, and businesses. ARPA funding of $1.9 trillion provided for $362 billion in flexible fiscal aid to state and local governments in America under the State & Local Fiscal Recovery Funds (SLFRF). The City of Fontana was allocated $50.3 million in ARPA SLFRF funds. The U.S.

Department of the Treasury issued an Interim Final Rule in May 2021, and the Final Rule in January 2022, to implement the Coronavirus State and Local Fiscal Recovery Funds established under City of Fontana Printed on 3/3/2022Page 1 of 2
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File #: 21-1233 Agenda Date: 3/8/2022
Agenda #: F. Category: Consent Calendar
ARPA.

City staff held an initial ARPA workshop for Council on July 13, 2021, and Council provided direction to staff to consider various areas for ARPA fund expenditures. Upon the Final Rule becoming available, staff held an additional workshop on February 8, 2022, providing an update on the Final Rule as well as presenting a detailed proposed project list for Council’s consideration based upon the Council’s previous direction. The proposed project list included 28 projects in the following three eligible use categories:
· Public Sector Revenue Loss
· Public Health & Economic Response
· Water, Sewer, & Broadband Infrastructure
During the February 8th workshop, Council prioritized the proposed project list. The recommended ARPA expenditure plan, based on Council’s prioritization, includes 19 projects (detailed in Attachment A) as programmed in the following Federal eligible use categories:

Federal Eligible Use Category Recommended Amount
Public Health & Economic Response 20,812,113$
Revenue Loss 18,000,000
Water, Sewer, and Broadband Infrastructure 11,195,000
Administrative Costs 250,000
Total ARPA Allocation 50,257,113$
The recommended ARPA expenditure plan also includes one new project, Cypress Storm Drain Project, in the amount of $5.8 million. Upon final review of the City’s outstanding and unfunded capital projects, the Cypress Storm Drain Project is being recommended due to the immediate need of the storm drain facility and no alternative funding source.

The ARPA expenditure plan as recommended includes $18.0 million of projects in the Revenue Loss category. To date, the City’s revenue loss calculation is estimated to be $10.8 million resulting in a funding gap of $7.2 million in this category. As indicated at the ARPA workshop on February 8, 2022, in the event that the Council was to approve the projects as proposed in this category, staff would leverage the City’s resources by swapping discretionary general fund expenditures that were ARPA eligible expenditures and fund the balance of the proposed projects with general fund. It is proposed that the recommended projects in the amount of $7.2 million in excess of available ARPA Revenue Loss funding be leveraged by a combination of funding from various general fund capital projects and personnel related costs which qualify under the Public Health & Economic Response category.

FISCAL IMPACT:

The requested budget adjustments in the amount of $50.3 million will be appropriated to the American Rescue Plan Act (ARPA) 2021 Fund #302 as detailed in Attachment B.

MOTION:

Adopt staff recommendation.

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ATTACHMENT A
Project # Project Ranking* Original Request Recommended Change NEW Cypress Storm Drain Project NEW NEW 5,840,000 5,840,000 29 Administrative Costs 0 250,000 250,000 - 1 Helicopter Purchase 5 3,000,000 3,000,000 - 3 Pavement Rehabilitation 5 4,000,000 5,000,000 1,000,000 10 Homelessness Prevention Resources and Care Center 5 $5 - 10,000,000 8,000,000 N/A 16 Sidewalk Rehabilitation 5 600,000 600,000 - 6 After-School Program 6 815,000 815,000 - 2 Parking Structure 7 10,000,000 10,000,000 - 8 Employee Retention/Incentive 7 TBD 1,757,221 N/A 19 Data Security & Threat Detection 7 250,000 250,000 - 24 Septic to Sewer 7 2,000,000 2,000,000 - 12 Park Improvements 8 $2.5 - 5,500,000 4,079,892 N/A 18 Ventilation Upgrade for City Facilities 8 3,000,000 2,500,000 (500,000) 22 Network Detection & Response Solution 8 75,000 75,000 - 23 Supervisory Control and Data Acquisition (SCADA) - Sewer 8 155,000 155,000 - 11 Metrolink Station Security Cameras 9 60,000 60,000 - 17 Small Business Loan/Grant Program 9 10,000,000 3,000,000 (7,000,000) 20 Endpoint Detection & Response Solution 10 75,000 75,000 - 25 Sewer and Storm Drain Infrastructure Masterplan 13 400,000 400,000 - 27 Update Master Infrastructure Plans 14 400,000 400,000 - 21 Fiber to City facilities 15 2,000,000 2,000,000 - 26 Sewer Lift Stations Rehabilitation 12 4,780,000 - (4,780,000) 28 Valley Blvd / Kaiser Sewer 17 1,060,000 - (1,060,000) 5 Affordable Housing (PPP w/ developer) 19 10,000,000 - (10,000,000) 15 Safe Routes to School (SRTS) Projects 22 500,000 - (500,000) 4 Accessible Health Screening 24 TBD - N/A 7 City Hall Campus Security Camera Expansion 25 100,000 - (100,000) 9 Farmer's Market 25 100,000 - (100,000) 13 Partner w/ County for Mental Health Programs 25 TBD - N/A 14 Personal Protection Equipment (PPE) 25 20,000 - (20,000) Available Funding 50,257,113
(Over)/Under -
*Based upon Council's assignment of points at the 2/8/22 Workshop with 1 being the highest priority and 5 being the lowest.

CITY OF FONTANA

RECOMMENED AMERICAN RESCUE PLAN ACT (ARPA) EXPENDITURE PLAN Not Recommended at this Time
191
Project # Project Name ORG/Project String # Obj Acct # Recommended New Cypress Storm Drain Project 36003361-302-A-8329 8329 5,840,000 29 Administrative Costs 30228100 various 250,000
1 Helicopter Purchase 40200001-302-A-8320 8320 3,000,000 3 Pavement Rehabilitation 38104103-302-A-8329 8329 5,000,000 10 Homelessness Prevention Resources & Care Center TBD 8,000,000 16 Sidewalk Rehabilitation 38104326-302-A-8329 8329 600,000 6 After-School Program 30224200 8130 815,000
2 Parking Structure 36000035-302-A-8329 8329 10,000,000 8 Employee Retention/Incentive 30228100 7010 1,757,221
19 Data Security & Threat Detection 30226101 8316 250,000 24 Septic to Sewer 36000036-302-A-8329 8329 2,000,000
12 Park Improvements 38200005-302-A-8329 8329 4,079,892 18 Ventilation Upgrade for City Facilities 38300001-302-A-8320 8320 2,500,000 22 Network Detection & Response Solution 30226101 8316 75,000 23 Supervisory Control & Data Acquisition (SCADA)- Sewer 30238114 8130 155,000 11 Metrolink Station Security Cameras 30226101 8317 60,000 17 Small Business Loan/Grant Program 10500001-302-A-8028 8028 3,000,000 20 Endpoint Detection & Response Solution 30226101 8316 75,000 25 Sewer and Storm Drain Infrastructure Masterplan 30236000 8130 800,000 21 Fiber to City Facilities 26200001-302-A-8329 8329 2,000,000 Total Available Funding 50,257,113
City of Fontana
Recommended American Rescue Plan Act (ARPA) Expenditure Plan

ATTACHMENT B
192
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1246 Agenda Date: 3/8/2022
Agenda #: A. Category: New Business
FROM:

Human Resources
SUBJECT:

Orally Report Compensation and Approve City Manager Employment Agreement RECOMMENDATION:

Orally Report a Summary of Compensation and Approve Employment Agreement Appointing City Manager, effective April ___, 2022, and Setting Compensation and Other Terms of Employment.

DISCUSSION:

With the assistance of Worthington Partners, LLC, the City conducted a comprehensive search for qualified candidates to fill the City Manager position. At duly-noticed closed session meetings, the City Council met with and interviewed several candidates. The Council has directed that the Regular Meeting Agenda for March 8, 2022, include the necessary items to appoint the selected candidate and approve an employment agreement reflecting mutually-agreed upon terms of employment.

Under the direction of the City Council, the City Attorney negotiated a draft employment agreement, which includes compensation and other salient terms. That draft agreement is attached to this Staff Report, with blanks for the terms that are yet to be finalized. If the City Council reaches reportable decisions in closed session at the March 8, 2022, Closed Session Meeting, the City Attorney will publicly report any reportable action, along with the vote as required by law, and walk the Council and the public through the salient terms of the agreement during consideration of this item.

Additionally, Government Code Sec 54953(c)(3) requires that there be an oral report of proposed compensation for the City Manager in open session before the City Council takes final action approving that compensation. The walk-through referenced above will satisfy this requirement.

FISCAL IMPACT:

Anticipated that the City Council will set a compensation level in line with industry-standards. In the event that the amount exceeds the current available budget, the necessary budget adjustments will be included in the third-quarter budget report.

MOTION:

Approve staff recommendation.

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EMPLOYMENT AGREEMENT

CITY MANAGER

THIS AGREEMENT is entered into as of ______________, 2022, and will be effective the ____ day of _______ 2022, between the City Council of and on behalf of the City of Fontana (hereinafter referred to as the “City” or the “City Council”) and [EMPLOYEE NAME] (hereinafter referred to as the “City Manager” or the “Employee”). The above- named parties hereby mutuall y agree and promise as follows:

I. Employment and Term.

The City hereby employs the Employee as City Manager for the City of Fontana. Unless otherwise extended by mutual agreement of the parties or terminated as provided herein, the term of this Agreement shall be for [ number] ( X) years, commencing on , _____, 2022, and ending on, [insert date] unless sooner terminated or extended by the City Council as set forth in the Agreement.

Employee shall devote such time, interest, and effort to the performance of his duties as may be reasonably necessary to fulfill the above requirements. Employee agrees to perform such serv ices to the best of his ability, in an efficient and competent manner consistent with the standards of the profession. Without limiting the generality of the foregoing, Employee understands and agrees that this position is an exempt, salaried, full-time position with regular required office hours when City Hall is open to the public for business and additional nights and weekend hours when required and/or in the best interests of the City.

In the event that the City Council determines that the Employee is not to be reemployed upon expiration of this Agreement, he shall be given written notice thereof by the City at least ninety (90) days in advance of the expiration of the term of this agreement. Should the City fail to give notice at least ninety (90) days prior to the end date of this Agreement, the Agreement shall be extended one (1) day at a time, so that there will always be ninety (90) days remaining on the term of this agreement until such notice is given.

II. SALARY/CALPERS RETIREMENT.

Employee’s base annual salary shall be $[insert amount]. Employee will receive cost - of living adjustment s equal in percentage to, and at the same time as, the Management/Confidential Unit. Base salary shall be no less than salary of Department Heads including POST Cert ificate Pay. The City Council shall annually assess Employee’s performance and salary and may, in its sole and absolute discretion, grant Employee a merit increase. Any such merit increase must be expressly memorialized in a subsequent written and executed Amendment to this Agreement, approved at a duly - noticed regular meeting of the City Council.

Employee shall be enrolled in the City’s retirement plan pursuant to its contract with the State of California Public Employees Retirement System (CalPERS). The appropriate retirement formula that will be applied to the Employee is determined by CalPERS.

III. DUTIES.

Employee shall perform the duties of City Manager as prescribed by Section 2- 66, et. seq., of the Fontana Municipal Code. In addition to the powers and duties set forth in the Code, the City Manager shall have such powers and duties which are delegated to 194
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him by the City Council. The City Manager shall execute all powers and duties in accordance with the policies adopted by the City Council and the St ate of California Government Code.

IV. CITY MANAGER AND COUNCIL RESPONSIBILITIES.

The City Manager shall be the Chief Executive Officer of the City and the Executive Director of the Fontana Successor Agency, Housing Authority, and Fontana Fire Protection District. As such, the City Manager shall have the responsibility for implementing City Council policy, whereas the City Council shall retain the responsibility for formul ating and adopting said policy. The City Manager shall provide the City Council with regular informational updates on significant matters, as well as notice prior to implementation of significant changes to staff or matters of fiscal impact.

V. PERSONNEL MATTERS.

The City Manager shall have the additional responsibility of organizing, reo rganizing, and arranging the staff of the City in such a way that in his judgment best serves the City. The City Manager shall have such responsibility in all personnel matters, including selection, assignment and transfer of employees in accordance with t he Personnel Rules of the City. City Council Members, individually and collectively, will promptly refer all criticisms, complaints and suggestions called to their attention to the City Manager for study and recommendation. The City Manager shall promptly review such matters and report back to the Council within a reasonable time. The City Manager shall consult with Council Members, individually or collectively, on any personnel matter when requested to do so by one or more Council Members, subject to the requirements of the Ralph M. Brown Act, Government Code Section 54950, et seq. The City Manager shall comply with all applicable provisions of the Fontana Municipal Code with respect to the recruitment, selection and compensation of all department heads.

VI. OTHER DUTIES.

The City Manager (or his designee) shall: (1) review all policies proposed to the City Council and make appropriate recommendations to the Council; (2) periodically evaluate employees as provided for by California law and City policy; (3) advise the Council of possible sources of funds that might be available to implement present or contemplated City programs or services; (4) maintain and improve his professional competence by available means, including subscription to and reading of appropriate periodicals, and joining and participating in appropriate professional associations and their activities; (5) establish and maintain an appropriate community relations program; and (6) serve as a liaison between the Council and as its designated representative with respect to all employer -employee matters, and make recommendations to the Council concerning those matters. Notwithstanding that a designee of the City Manager may perform said duties, the City Manager shall be the person ultimately responsible to the Council for the proper implementation of the duties and responsibilities described herein.

VII. OUTSIDE PROFESSIONAL ACTIVITIES.

Employee, with prior approval of the City Council, may undertake outside professional activities for compensation, including consulting, teaching, training, speaking and writing provided they do not interfere with Employee’s normal duties and are done only during non- business hours, personal leave or holiday time of Employee and are not done with any existing vendor s or contractors of the City. Under no circumstances shall such 195
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Fontana City CouncilMarch 8, 2022

Fontana City Council
March 8, 2022