Rancho Cucamonga City Council
May 15, 2024

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT

ESTIMATED EXPENDITURES
FISCAL YEAR 2023/24 AMENDED BUDGET
2022/23 Fiscal Year 2023/24
Object
Budget
AdoptedAdopted
Budget
Amended
Budget
9,0009,000 9,000
5285 - Safety Gear & Equipment
15,00015,600 14,500
5290 - Specialized Tools & Equipment
500500 500
5291 - Equipment Supplies & Repairs
16,50016,500 18,510
5300 - Contract Services
2,5002,500 2,000
5320 - Hazardous Waste Removal
1,4001,400 1,400
5501 - Admin./General Overhead
59,510 52,010 52,790
528
Total Division:
529 - FIRE FACILITIES MAINTENANCE
25,00025,000 25,000
5200 - Operations & Maintenance
77,55070,500 84,370
5204 - O & M/Facilities
1,5001,500 1,500
5252 - Emergency Equipment & Veh Rntl
75,00065,000 75,000
5300 - Contract Services
446,460412,630 525,000
5304 - Contract Serv/Facilities
13,38013,380 13,380
5501 - Admin./General Overhead
419,010401,390 396,740
5720 - Misc Contributions to City
989,400 1,057,900 1,120,990
529
Total Division:
41,331,380 42,827,150 47,898,180
Total For Fund 281:
41,331,380 42,827,150 47,898,180
Total for RANCHO CUCAMONGA FIRE PROTECTION DISTRICT:

FUND 282

COMMUNITY

FACILITIES
DISTRICT 85-1

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
2022/23 Fiscal Year 2023/24
Object
AdoptedAdopted
Budget

ESTIMATED REVENUES
Amended
Budget Budget
FISCAL YEAR 2023/24 AMENDED BUDGET
COMMUNITY FACILITIES DIST 85-1 (282)
4101 - Property Taxes-CY Sec/Unsec
6,914,9506,313,910 6,914,950
4103 - Property Taxes-PY Sec & Unsec
20,83044,290 28,460
4104 - Property Taxes-Penalties/Int.
3,32013,160 7,300
4401 - Interest Earnings
58,79020,950 0
4552 - CFD Annexation Fees
00 500
8281 - Transfer In-Fire Fund
2,735,9901,240,940 2,845,110
8999 - Transfer In From Fund Balance
943,0401,621,110 627,530
Total For Fund 282:
10,676,9209,254,360 10,423,850
Total for RANCHO CUCAMONGA FIRE PROTECTION DISTRICT:
9,254,360 10,423,85010,676,920

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT

ESTIMATED EXPENDITURES
FISCAL YEAR 2023/24 AMENDED BUDGET
2022/23 Fiscal Year 2023/24
Object
Budget
AdoptedAdopted
Budget
Amended
Budget
COMMUNITY FACILITIES DIST 85-1 (282)
501 - FIRE ADMINISTRATION
647,920855,000 0
5650 - Capital Project
855,000 647,920 0
501
Total Division:
502 - COMMUNICATIONS
445,880406,650 467,910
5300 - Contract Services
11,18011,180 11,180
5501 - Admin./General Overhead
417,830 457,060 479,090
502
Total Division:
508 - FIRE SUPPRESSION
9,075,6807,536,140 9,454,740
5081 - Reimb Personnel to Fire Fund
311,210311,210 311,210
5501 - Admin./General Overhead
7,847,350 9,386,890 9,765,950
508
Total Division:
513 - DAY CREEK STATION
2,1302,030 8,130
5165 - Licenses, Permits & Fees
3,8504,000 3,850
5200 - Operations & Maintenance
8,6408,480 9,550
5300 - Contract Services
2,6402,640 2,640
5400 - Telephone Utilities
13,5405,000 7,660
5401 - Gas Utilities
6,9007,280 8,030
5402 - Water Utilities
13,23014,770 15,840
5403 - Electric Utilities
3,0403,040 3,040
5501 - Admin./General Overhead
47,240 53,970 58,740
513
Total Division:
514 - JERSEY STATION
1,7401,660 7,710
5165 - Licenses, Permits & Fees
5,5006,000 5,500
5200 - Operations & Maintenance
2,8902,890 3,200
5300 - Contract Services
2,2902,430 2,290
5400 - Telephone Utilities
25,75010,460 14,450
5401 - Gas Utilities
7,0606,610 6,770
5402 - Water Utilities
54,21053,250 68,400
5403 - Electric Utilities
3,6403,640 3,640
5501 - Admin./General Overhead
86,940 103,080 111,960
514
Total Division:
518 - TOWN CENTER STATION
1,9800 1,860
5165 - Licenses, Permits & Fees
1,9000 1,000
5200 - Operations & Maintenance
1,2500 1,250
5300 - Contract Services
3,0300 1,000
5400 - Telephone Utilities
2,2500 1,000
5401 - Gas Utilities
1,8600 1,000
5402 - Water Utilities
15,7300 1,000
5403 - Electric Utilities
0 28,000 8,110
518
Total Division:
9,254,360 10,676,920 10,423,850
Total For Fund 282:
9,254,360 10,676,920 10,423,850
Total for RANCHO CUCAMONGA FIRE PROTECTION DISTRICT:

FUND 283

COMMUNITY

FACILITIES
DISTRICT 88-1

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
2022/23 Fiscal Year 2023/24
Object
AdoptedAdopted
Budget

ESTIMATED REVENUES
Amended
Budget Budget
FISCAL YEAR 2023/24 AMENDED BUDGET
COMMUNITY FACILITIES DIST 88-1 (283)
4101 - Property Taxes-CY Sec/Unsec
448,170413,070 448,170
4103 - Property Taxes-PY Sec & Unsec
5,5107,240 4,630
4104 - Property Taxes-Penalties/Int.
1,7101,710 1,590
4552 - CFD Annexation Fees
00 500
8281 - Transfer In-Fire Fund
2,450,6002,322,900 2,568,010
Total For Fund 283:
2,905,9902,744,920 3,022,900
Total for RANCHO CUCAMONGA FIRE PROTECTION DISTRICT:
2,744,920 3,022,9002,905,990

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT

ESTIMATED EXPENDITURES
FISCAL YEAR 2023/24 AMENDED BUDGET
2022/23 Fiscal Year 2023/24
Object
Budget
AdoptedAdopted
Budget
Amended
Budget
COMMUNITY FACILITIES DIST 88-1 (283)
502 - COMMUNICATIONS
111,490101,670 116,990
5300 - Contract Services
6,6006,600 6,600
5501 - Admin./General Overhead
108,270 118,090 123,590
502
Total Division:
508 - FIRE SUPPRESSION
2,402,8702,473,140 2,510,080
5081 - Reimb Personnel to Fire Fund
215,2100 215,210
5300 - Contract Services
120,910120,910 120,910
5501 - Admin./General Overhead
2,594,050 2,738,990 2,846,200
508
Total Division:
516 - EAST AVENUE STATION
1,7501,660 1,870
5165 - Licenses, Permits & Fees
3,8504,000 3,850
5200 - Operations & Maintenance
2,2802,280 2,440
5300 - Contract Services
1,9002,180 1,900
5400 - Telephone Utilities
8,0004,380 4,140
5401 - Gas Utilities
4,4705,240 4,470
5402 - Water Utilities
24,06020,260 31,840
5403 - Electric Utilities
2,6002,600 2,600
5501 - Admin./General Overhead
42,600 48,910 53,110
516
Total Division:
2,744,920 2,905,990 3,022,900
Total For Fund 283:
2,744,920 2,905,990 3,022,900
Total for RANCHO CUCAMONGA FIRE PROTECTION DISTRICT:

FUND 285

FIRE TECHNOLOGY

FEE FUND

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
2022/23 Fiscal Year 2023/24
Object
AdoptedAdopted
Budget

ESTIMATED REVENUES
Amended
Budget Budget
FISCAL YEAR 2023/24 AMENDED BUDGET
FIRE TECHNOLOGY FEE FUND (285)
4401 - Interest Earnings
700160 0
4517 - Technology Fee-Permit
6060 170
Total For Fund 285:
760220 170
Total for RANCHO CUCAMONGA FIRE PROTECTION DISTRICT:
220 170760

FUND 288

FIRE PROTECTION

CAPITAL
FUND

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
2022/23 Fiscal Year 2023/24
Object
AdoptedAdopted
Budget

ESTIMATED REVENUES
Amended
Budget Budget
FISCAL YEAR 2023/24 AMENDED BUDGET
FIRE PROTECTION CAPITAL FUND (288)
4112 - Property Tax- Post RDA
6,656,8704,855,480 2,848,600
4113 - Property Tax- Post RDA Res Blc
8,528,3807,772,310 9,949,630
4401 - Interest Earnings
1,356,510255,990 0
8999 - Transfer In From Fund Balance
07,443,990 10,190,120
Total For Fund 288:
16,541,76020,327,770 22,988,350
Total for RANCHO CUCAMONGA FIRE PROTECTION DISTRICT:
20,327,770 22,988,35016,541,760

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT

ESTIMATED EXPENDITURES
FISCAL YEAR 2023/24 AMENDED BUDGET
2022/23 Fiscal Year 2023/24
Object
Budget
AdoptedAdopted
Budget
Amended
Budget
FIRE PROTECTION CAPITAL FUND (288)
501 - FIRE ADMINISTRATION
71,000246,000 104,890
5152 - Computer Software
189,600189,600 202,600
5200 - Operations & Maintenance
1,453,9001,407,000 1,827,890
5207 - O & M/Capital Supplies
3,00034,310 9,470
5215 - O & M/Computer Equipment
50,00050,000 55,640
5250 - Vehicle Operations & Maint.
3,0003,000 3,000
5280 - Equip Operations & Maint
3,0003,000 0
5290 - Specialized Tools & Equipment
514,000260,000 2,050,350
5300 - Contract Services
5,0005,000 5,000
5321 - Fire Incident Costs
57,87057,870 57,870
5501 - Admin./General Overhead
150,000200,000 150,000
5602 - Capital Outlay-Bldg & Imprvmnt
420,5000 634,060
5603 - Capital Outlay-Equipment
3,405,0002,696,000 8,100,480
5604 - Capital Outlay-Vehicles
175,000695,000 326,430
5605 - Capital Outlay-Computer Equip
1,935,97014,375,520 9,460,670
5650 - Capital Project
0105,470 0
9714 - Transfer Out - Comptr Eq Rplc
20,327,770 8,436,840 22,988,350
501
Total Division:
20,327,770 8,436,840 22,988,350
Total For Fund 288:
20,327,770 8,436,840 22,988,350
Total for RANCHO CUCAMONGA FIRE PROTECTION DISTRICT:

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DATE:May 15, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Michael J. Smith, Chief of Police
Jeff Allison, Administrative Lieutenant
Karen Hunt, Sheriff's Service Specialist
SUBJECT:Consideration of an Appropriation in the Amount of $31,000 from Citizens Option for Public Safety (COPS) Funds for the Purchase of Electric Bicycles for Patrolling Remote Areas Like the Pacific Electric (PE) Trail. (CITY)
RECOMMENDATION:

Staff recommends the City Council approve the appropriation of funds in the amount of $31,000 from the Citizens Option for Public Safety (COPS) Funds for the purchase of electric bicycles for patrolling remote locations like the PE Trail.

BACKGROUND:

A little over twenty years ago, the Rancho Cucamonga Police Department implemented a bicycle patrol team. The primary purpose of the bicycle patrol team was to patrol areas and respond to calls in remote areas that are not accessible by vehicle, such as the PE Trail, citywide paseos, and retail complexes. Deputies currently patrol these areas on traditional pedal mountain bikes to help keep these spaces safe for the community members.

ANALYSIS:

Deputies assigned to bike patrol equipped with an E-bike will have a valuable tool in responding to calls for service. By using the E-bike’s electric assist features, deputies will have an edge over traditional pedal bicycles. They will be able to respond quicker. E-bikes also enable deputies to be more efficient in their patrols by covering greater distances during operational periods. Additionally, E-bikes will enable deputies to keep pace with other E-bike riders should enforcement activity become necessary.

FISCAL IMPACT:

COPS Funding in the amount of $31,000 will be used to purchase E-bikes with police packages to make them street patrol ready. This is a one-time cost. There will be normal maintenance that will be continued through the already existing maintenance fund. (Total: $31,000 – Bike purchase from Fund No. 1354701-5603 - Capital Outlay/ Equipment) COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This project aligns with the Council Core Values of promoting and enhancing a safe and healthy community for all, and intentionally embracing and anticipating the future.

ATTACHMENTS:

Attachment 1 – Quote: 6 bikes

01/31/2024
Quote
013124162802268
Bill To Ship To

SAN BERNARDINO COUNTY SHERIFF RANCHO

ERIC GETTS

SAN BERNARDINO COUNTY SHERIFF RANCHO

ERIC GETTS
Phone1: 909-477-2800
Date:

Sales Person: Heather Breyer
ExtendedQtyPriceMSRPItem NumberDescription
$4,223.991$4,223.99$4,799.99SER2594006KSERVICE ELECTRIC S TREK BLACK $4,223.991$4,223.99$4,799.99SER25443711KSERVICE ELECTRIC M TREK BLACK $4,223.991$4,223.99$4,799.99SER25566359KSERVICE ELECTRIC L TREK BLACK $4,223.991$4,223.99$4,799.99SER25566359KSERVICE ELECTRIC L TREK BLACK $4,223.991$4,223.99$4,799.99SER25566359KSERVICE ELECTRIC L TREK BLACK $4,223.991$4,223.99$4,799.99SER25566359KSERVICE ELECTRIC L TREK BLACK $688.446$114.74$134.99BAG32655562KBAG BONTRAGER MIK UTILITY TRUNK BLACK $2,039.946$339.99$399.99NIT325602682NITERIDER DIGITAL PATROL SYSTEM 2012 $356.946$59.49$69.99NIT28344284TNITERIDER SIREN, HANDLEBAR MOUNT $28,429.26Subtotal:
$2,487.56Tax:
$0.00Shipping:
$30,916.82Total:
$4,000.50Total Savings:
$30,916.82Amount Due:

Quotes are good for 7 days.

The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.

Customer Signature: __________________________________________________________________________ Date: _________________________________________ 01/31/2024 4:28 PM Page 2 of 2
ATTACHMENT 1

DATE:May 15, 2024
TO:Mayor and Members of the City Council
President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Mike McCliman, Fire Chief
Micah Martin, Public Works Services Director
Darci Vogel, Fire Business Manager
Ruth Cain, Procurement Manager
Richard Favela, Streets Superintendent
Lindsay A. McElwain, Acting Management Analyst III
SUBJECT: Consideration to Award a Professional Services Agreement to Fuel Equipment Services, Inc. DBA Fuel Serv for the Maintenance of the City and Fire District’s Fuel Islands and Fuel Management Systems in an Amount Not to Exceed $75,000 for FY 2024/25. (CITY/FIRE) RECOMMENDATION:

Staff recommends the City Council and Fire Board of the Rancho Cucamonga Fire Protection District award and authorize the execution of a professional services agreement for Maintenance of the City and Fire District’s Fuel Islands and Fuel Management Systems to Fuel Equipment Services, Inc. DBA Fuel Serv, of Montclair, California, effective July 1, 2024, for a one-year term with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $75,000 for FY 2024/25, and an estimated $525,000 over seven years, contingent upon approval of future budgets.

BACKGROUND:

The Public Works Services Department and the Procurement Division routinely issue requests for proposals to ensure vendor services remain competitive. On October 17, 2018, City Council and the Fire Board approved and awarded a competitively bid contract (CO# 18-125) for Maintenance of the City and Fire District’s Fuel Islands and Fuel Management Systems to Fuel Equipment Services DBA Fuel Serv. This contract had an option to renew in one year increments up to a total of five years ending June 30, 2023. With Council’s approval, Public Works renewed this contract for one additional year through June 30, 2024, until specifications could be written and the services rebid.

The annual maintenance contract for Fuel Island Maintenance includes preventative maintenance and technical service for the City’s two (2) fuel island systems located at the Public Works Service Center and the Adult Sports Complex Maintenance Building which contain both diesel and unleaded fuels and at the Fire District’s seven (7) fuel island systems which contain both diesel and unleaded fuels. Along with the dispensing of fuels, the City and RCFPD have an automated fuel management system (FUELMASTER) which tracks and manages personnel, vehicle usage,

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and yearly fuel totals. An agreement with a fuel station maintenance contractor is needed to meet the constant demand for maintenance and repairs throughout the year and to comply with South Coast Air Quality Management District Rule 461 testing requirements for gasoline transfer and dispensing facilities.

Specifications were submitted to the Procurement Division to prepare a formal Request for Proposal (RFP). Procurement prepared and posted RFP #23/24-001 for Fuel Island Maintenance on August 24, 2023. There were 126 vendors notified; 18 prospective bidders downloaded or viewed the bid package, and no response was received. The Procurement Division reposted the solicitation on October 18, 2023. Again, no responses were received. Having conducted due diligence to solicit bids, Public Works was approved to move forward with a vendor of choice.

ANALYSIS:

As no bid responses were received, the Procurement Department conducted vendor outreach.

Outreach was conducted via phone and email with prospective bidders that did not submit a response. None of the prospective bidders were interested in submitting a bid. Therefore, Public Works decided to execute a contract with Fuel Equipment Services, Inc DBA Fuel Serv.

Staff recommends City Council and the Fire Board approve and authorize the execution of a professional services agreement for Maintenance of the City and Fire District’s Fuel Islands and Fuel Management Systems to Fuel Equipment Services, Inc. DBA Fuel Serv, of Montclair, California, effective July 1, 2024, for a one-year term with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $75,000 for FY 2024/25, and an estimated $525,000 over seven years, contingent upon approval of future budgets.

A copy of the contract will be on file in the City Clerk’s Office.

FISCAL IMPACT:

The Proposed FY 2024/25 Budget includes funding for Fuel Island Maintenance in several accounts. A breakdown of funding for this contract can be found in the table below.

Account Funding Source Amount
1001317-5300 General Fund – Contract Services $41,220
3281529-5304 Fire Fund - Contract Serv/Facilities $33,000 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item addresses the City Council’s core values of promoting and enhancing a safe and healthy community for all.

ATTACHMENTS:

None.

DATE: May 15, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Micah Martin, Public Works Services Director Ruth Cain, Procurement Manager
Andy Miller, Facilities Superintendent
Andrea Bauer, Management Analyst II
SUBJECT: Consideration to Award a Professional Services Agreement to CCS Facility Services, for Citywide Janitorial Services in an Amount Not to Exceed $955,899 for FY 2024/25. (CITY)
RECOMMENDATION:

Staff recommends City Council award and authorize the execution of a professional services agreement for Citywide Janitorial Services to CCS Facility Services, of Ontario, California, effective July 1, 2024, for a one-year term with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $910,380 plus a 5% contingency in the amount of $45,519 for a total of $955,899 for FY 2024/25, and an estimated $7,324,540 over seven years, contingent upon approval of future budgets.

BACKGROUND:

The Public Works Services Department and the Procurement Division routinely issue requests for proposals to ensure vendor services remain competitive. On June 21, 2017, City Council approved and awarded a competitively bid contract (CO# 17-141) for citywide janitorial services to Commercial Cleaning Systems (now CCS Facility Services). This contract had an option to renew in one year increments up to a total of seven years ending June 30, 2024. The annual service contract for citywide janitorial services includes providing all labor, supervision, cleaning materials, equipment, cleaning supplies, and administrative services necessary to perform all janitorial services at all City maintained facilities, Quakes games, and as needed for special events.

Public Works staff updated the specifications to include newer terminology, service specification changes, and better compliance language. With these changes to the scope of service, the new contract will be more in line with current requirements and fund resources, while providing the appropriate level of service and overall best value for the community.

The updated specifications were submitted to the Procurement Division to prepare a formal Request for Proposals (RFP). Procurement prepared and posted RFP #24/25-001 for Citywide Janitorial Services on December 18, 2023. There were One Hundred Ninety-Five (195) vendors notified; Seventy-Six (76) prospective bidders downloaded or viewed the bid package, and twenty-two (22) responses received.

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ANALYSIS:

An evaluation committee, consisting of City staff from various departments, conducted a thorough analysis of the RFP responses and scored and ranked the 22 responsive proposals in accordance with the RFP evaluation criteria listed in Table 1. Cost is only one factor in the evaluation of RFP responses among other criteria such as relevant experience, expertise, and responsiveness.

Therefore, the low bidder will not necessarily be awarded a contract and will be ranked among other vendors on all criteria. Table 2 reflects the top five vendor rankings.

Table 1. Evaluation Criteria for Written Proposals
Criteria Description Weight
Vendor Expertise 25%
Quality of proposed goods or services 30%
Extent to which the Vendor’s goods or services meet the City’s needs 30% Cost 15%

Table 2. Top Five Vendor Ranking for Written Proposals
Rank Vendor Score
1 CCS Facility Services 92
2 U.S. Metro Group, Inc 84
3 MasterCorp Commercial Services 83
4 ABM Industries 82
5 Executive Facilities Services, Inc 82
The highest ranked vendor, CCS Facility Services, was invited to provide a Best and Final Offer (BAFO) and given an opportunity to adjust their proposal cost submittals. Based on the BAFO response, CCS Facility Services, was determined to be the most responsive contract providing the best value while meeting the scope of services and specifications required. Therefore, staff recommends City Council approve the award and authorize the execution of a professional services agreement for citywide janitorial services to CCS Facility Services, Inc, of Ontario, California, effective July 1, 2024, for a one-year term with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $955,899 for FY 2024/25, and an estimated $7,324,540 over seven years, contingent upon approval of future budgets.

The chart below has been prepared to illustrate the estimated annual funding requirements for the full contract term. Please note, the total estimated cost includes a 5% contingency for unanticipated extra services. This is only an estimate, and the amounts below could vary.

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Fiscal Year Est. Annual Increase (3%) Estimated Total Costs FY 2024/25 Year 1 $ 955,899.00 FY 2025/26 $ 28,676.97 $ 984,575.97 FY 2026/27 $ 29,537.28 $ 1,014,113.25 FY 2027/28 $ 30,423.40 $ 1,044,536.65 FY 2028/29 $ 31,336.10 $ 1,075,872.75 FY 2029/30 $ 32,276.18 $ 1,108,148.93 FY 2030/31 $ 33,244.47 $ 1,141,393.40 Grand Total $ 7,324,540 A copy of the contract will be on file in the City Clerk’s Office.

FISCAL IMPACT:

The total contract price is within the proposed FY 2024/25 Budget totaling $910,380 in various contract services budget line items for citywide janitorial services. The contract spending limit of $955,899 includes a contingency of $45,519 for potential unforeseen janitorial service needs.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s core value to promote and enhance a safe and healthy community for all by ensuring City facilities are properly maintained.

ATTACHMENTS:

None.

DATE: May 15, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Romeo M. David, Associate Engineer
SUBJECT: Consideration of a Contract with Roy Allan Slurry Seal Inc. in the Amount of $343,282 Plus 10% Contingency, for the Fiscal Year 2023/24 Local Slurry Seal Pavement Rehabilitation Project. This Project is Exempt From the Requirements of the California Environmental Quality Act (CEQA) per Government Code Section 15301 – Existing Facilities. (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve the plans and specifications for the Fiscal Year 2023/24 Local Slurry Seal Pavement Rehabilitation Project (Project) on file with the City Engineer;

2. Accept the bids received for the Project;

3. Award and authorize the execution of a contract in the amount of $343,282, to the lowest responsive bidder, Roy Allan Slurry Seal, Inc., for the total bid amount;

4. Authorize the expenditure of a 10% contingency in the amount $34,328; BACKGROUND:

The City of Rancho Cucamonga uses a method known as slurry seal to restore existing asphalt pavement comprised of minor cracks throughout the roadway. Slurry seal is the application of a mixture of water, asphalt emulsion, aggregate, and additives to an existing asphalt pavement surface. Slurry seal provides a new wear surface over existing asphalt pavement reducing the need for costly repairs. A typical life expectancy for slurry seal is estimated between five (5) and eight (8) years.

ANALYSIS:

The scope of work to be performed consists of weed kill, routing and crack sealing, application of slurry seal, protecting existing manholes and valves, thermoplastic restriping, and installation of pavement markings. The contract documents call for 40 working days to complete this construction.

The Notice Inviting Bids was released to the general contracting community and was published in the Inland Valley Daily Bulletin newspaper on April 16, and April 23, 2024. The City Clerk’s

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office facilitated the formal solicitation for bidding the Project. On April 30, 2024, the City Clerk’s office received five (5) construction bids. The Engineer’s estimate for the project was $440,000.

The apparent low bidder Roy Allan Slurry Seal, Inc. submitted a bid in the amount of $343,282.

A full bid summary is included as Attachment 2.

Engineering staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder, Roy Allan Slurry Seal, Inc., meets the requirements of the bid documents.

ENVIRONMENTAL:

Staff has determined that the Project is Categorically Exempt from California Environmental Quality Act (CEQA) per Section 15301 “Existing Facilities” Subsection (c), Class 1.

FISCAL IMPACT:

Anticipated construction costs are estimated to be as follows:

A total of $2,960,000 has been budgeted in Fiscal Year 2023/24 Amended Budget from the State Gas Tax R&T7360 Fund (Fund 174) and $1,740,000 from Measure I Fund (Fund 177) for Local Street Paving Program with a total budget of $4,700,000. Prior expenditures for design and construction under separate contracts within the program total $440,512 leaving an available budget of $4,259,488 for this Project as well as a separate project for local overlay being considered as a separate item on this same agenda. The funding plan for the subject local slurry seal project is outlined below:

Account No. Funding Source Description Amount
11773035650/1022177-0 Measure I Fund (177) Local Street Rehab $442,307 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This project meets our City Council core values by promoting and enhancing a safe and healthy community for all, and by providing continuous improvement through the construction of high- quality public improvements.

ATTACHMENTS:

Attachment 1 - Vicinity Map
Attachment 2 - Bid Summary
Expenditure Category Amount
Construction Contract $343,282
Construction Contract Contingency (10%) $34,328
Construction Inspection Services $44,160
Construction Materials Testing $18,976
Bid Noticing Advertisement $1,561
Estimated Construction Costs $442,307

ATTACHMENT 1
PROJECT# 800-2024-06
FY 2023/24 LOCAL SLURRY SEAL PAVEMENT REHABILITATIONS

VICINITY MAP

NOT TO SCALE
Project Site

ATTACHMENT 2
BID SUMMARY - BID DATE: April 30, 2024 APPARENT LOW BIDDER

ROY ALLAN SLURRY SEAL, AMERICAN ASPHALT SOUTH,
INC. INC.
2 3 4 5
DOUG MARTIN CONTRACTINGFY23-24 LOCAL SLURRY SEAL PAVEMENT REHABILITATIONS ENGINEER'S ESTIMATE PAVEMENT COATINGS CO. ALL AMERICAN ASPHALTCO., INC.

BASE BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID NO
1 QTY UNIT DESCRIPTION COST
17,700.00

AMOUNT COST
13,100.00
AMOUNT
13,100.00
COST
25,000.00
AMOUNT
25,000.00
COST
4,000.00

AMOUNT COST AMOUNT COST AMOUNT
1 LS Mobilization $
$
$
$
17,700.00 $
$
$
$
$
$
$
$
$
$
$
$
4,000.00 $12,000.00 $
$
12,000.00 $30,899.00 $
$
30,899.00
Slurry Seal Type II, Emulsion Aggregate Slurry (EAS) With Latex including 2 136,000 SY Routing and Crack Sealing, Protection of Existing Survey Monuments, Manholes, Valve Covers, ETC per Details and Standard Plans

2.80 380,800.00 2.15 292,400.00 2.05 278,800.00 2.10 285,600.00 $2.57 349,520.00 $2.45 333,200.00 Replacement of Striping and Pavement Markings and Markers. (Note: All Striping LS Including Lane Lines, Legends, Symbols, Lane Lines, Limit Lines and Crosswalks Shall Be Thermoplastic)
LS Traffic Control
3 4
1 1
$
$
26,500.00
15,000.00
$
$
26,500.00 $
$
18,782.00
19,000.00
$
$
18,782.00 $
$
30,335.00
15,500.00
$
$
30,335.00 $
$
30,000.00
30,250.00
$
$
30,000.00 $31,500.00
30,250.00 $39,000.00
$
$
31,500.00 $30,000.00
39,000.00 $65,000.00
$
$
30,000.00
15,000.00 19,000.00 15,500.00 65,000.00
TOTAL BASE BID AMOUNT: $440,000.00 $343,282.00 $349,635.00 $349,850.00 $432,020.00 $459,099.00

DATE: May 15, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Steve Loriso, Deputy City Engineer
Romeo M. David, Associate Engineer
SUBJECT: Consideration of a Contract with Onyx Paving Company, Inc., in the Amount of $2,369,000 Plus 20% Contingency, for the Fiscal Year 2023- 24 Local Overlay Pavement Rehabilitation Project. This Project is Exempt from the Requirements of the California Environmental Quality Act (CEQA) per Government Code Section 15301 – Existing Facilities. (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve the plans and specifications for the Fiscal Year 2023/24 Local Overlay Pavement Rehabilitation Project (Project);

2. Accept the bids received for the Project;

3. Award and authorize the execution of a contract in the amount of $2,369,000 to the lowest responsive bidder, Onyx Paving Company, Inc., for the total bid amount; and

4. Authorize the expenditure of a 20% contingency in the amount of $473,800; BACKGROUND:

The City of Rancho Cucamonga uses asphalt overlay as a paving method to apply a new layer of asphalt to deteriorating roadway surfaces. Instead of demolishing the old asphalt surface completely, asphalt overlay projects will use the existing layers as a base for the new asphalt pavement. An asphalt overlay project extends the life of the pavement an additional eight (8) to 15 years. Engineering staff used its Pavement Management System (PMS) to determine the list of neighborhood streets to be resurfaced. PMS is a planning tool that analyzes existing pavement conditions and identifies good, fair, poor conditions. A vicinity map illustrating the various locations for asphalt overlay is included as Attachment 1.

The scope of work consists of weed kill, routing and crack sealing, asphalt concrete overlay, adjusting existing manholes and valves to new grade, re-striping and installation of pavement markings, ADA ramp upgrades, and concrete repairs. The contract documents call for 70 working days to complete this construction.

2 3
2 8
ANALYSIS:

The Notice Inviting Bids was released to the general contracting community and was published in the Inland Valley Daily Bulletin newspaper on April 16, and 23, 2024. The City Clerk’s Office facilitated the formal solicitation for bidding the Project. On April 30, 2024, the City Clerk’s office received seven (7) construction bids. The Engineer’s estimate for the project was $3,240,000.

The amount bid is lower due to the bid item cost for asphalt concrete which is approximately 10% lower than last year and the bid items for clearing and grubbing and mobilization are less than half of last year cost due to less concrete work for this Project. The apparent low bidder, Onyx Paving Company, Inc., submitted a bid in the amount of $2,369,000. A full bid summary is included as Attachment 2.

Engineering staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder, Onyx Paving Company, Inc., meets the requirements of the bid documents.

Staff has determined that the Project is Categorically Exempt per Section 15301 “Existing Facilities” subsection (c), Class 1 California Environmental Quality Act (CEQA).

FISCAL IMPACT:

Anticipated construction costs are estimated to be as follows:

Expenditure Category Amount
Construction Contract $2,369,000
Construction Contract Contingency (20%) $473,800
Construction Inspection Services $106,836
Construction Materials Services $49,500
Construction Monumentation Survey Services $60,000
Bid Noticing Advertisement $1,619
Estimated Construction Costs $3,060,755
A total of $2,960,000 has been budgeted in Fiscal Year 2023/24 Amended Budget from the State Gas Tax R&T7360 Fund (Fund 174) and $1,740,000 from Measure I Fund (Fund 177) for Local Street Paving Program with a total budget of $4,700,000. Prior expenditures for design and construction under separate contracts within the program total $440,512 leaving an available budget of $4,259,488 for this Project as well as a separate project for local slurry seal being considered as a separate item on this same agenda. The funding plan for the subject local overlay project is outlined below:

Account No. Funding Source Description Amount
11743035650/1022174-0 Gas Tax R&T7360
Fund (174)
Local Street Rehab $2,500,000
11773035650-1022177-0 Measure I Fund
(177)
Local Street Rehab $560,755
Total Project Funding $3,060,755

2 3
2 8
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This project meets our City Council core values by promoting and enhancing a safe and healthy community for all, and by providing continuous improvement through the construction of high- quality public improvements.

ATTACHMENTS:

Attachment 1 - Vicinity Map
Attachment 2 - Bid Summary

ATTACHMENT 1

PROJECT# 800-2024-05
FY 2023/24 LOCAL OVERLAY AT VARIOUS LOCATIONS

VICINITY MAP

NOT TO SCALE

Project Site

ATTACHMENT 2
BID SUMMARY - BID DATE: April 30, 2024 APPARENT LOW BIDDER 2 3 4 5 6 7 FY23-24 LOCAL OVERLAY PAVEMENT REHABILITATIONS ENGINEER'S ESTIMATE ONYX PAVING COMPANY, INC. SEQUEL CONTRACTORS, INC. GENTRY BROTHERS INC. R.J. NOBLE COMPANY VANCE CORPORATION HARDY AND HARPER, INC. ALL AMERICAN ASPHALT

BASE BID UNIT
COST
240,000.00
400,000.00

BID UNIT
COST
88,828.00
66,828.00
BID
AMOUNT
UNIT
COST
120,000.00
45,000.00

BID UNIT
COST
125,000.00
125,000.00

BID UNIT
COST
$140,000.00
$27,000.00

BID UNIT
COST
$100,069.57
$32,450.00

BID UNIT
COST
$200,000.00
$100,000.00

BID UNIT
COST
$120,000.00
$30,000.00
BID
NO
1 2

QTY UNIT DESCRIPTION
1 1
AMOUNT
240,000.00
400,000.00
AMOUNT
120,000.00
45,000.00
AMOUNT
125,000.00
125,000.00
AMOUNT
140,000.00
27,000.00
AMOUNT
100,069.57
32,450.00
AMOUNT
200,000.00
100,000.00
AMOUNT
120,000.00
30,000.00
LS Mobilization $
$
$
$
$
$
$
$
88,828.00
66,828.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$LS Clearing, Grubbing, and Removal - Including Disposal Asphalt Concrete Overlay (Including Pavement Preparation, Weed Killing, and3 12,000 TONS $ 110.00 $ 1,320,000.00 $ 99.00 $ 1,188,000.00 $ 110.00 $ 1,320,000.00 $ 94.00 $ 1,128,000.00 $125.00 $ 1,500,000.00 $117.09 $ 1,405,080.00 $120.00 $ 1,440,000.00 $134.00 $ 1,608,000.00Crack Sealing) Per Details 4 5
60,000
1,121
SY Variable Pavement Edge Cold Plane (0”-1.2”) Per Details SF Remove and Replace 3" AC Per Detail No. 3
$
$

3.63 8.50
$
$
217,800.00
9,528.50
$
$

2.28 $
$
136,800.00
14,573.00
$
$

3.50 $
$
210,000.00
22,420.00
$
$

3.25 6.50
$
$
195,000.00
7,286.50
$3.00
$15.00
$
$
180,000.00
16,815.00
$1.63
$16.61
$
$
97,800.00
18,619.81
$3.40
$15.00
$
$
204,000.00
16,815.00
$3.40
$20.00
$
$
204,000.00
22,420.0013.00 20.00
Construct PCC Access Ramp Including Sidewalk, Curb And Gutter, A.C. Slot 6 29 EA Patch, Retaining Curb, And Truncated Detectible Warning Surfaces Per Specifications Complete In Place
$ 12,000.00 $ 348,000.00 $ 8,228.00 $ 238,612.00 $ 5,500.00 $ 159,500.00 $ 9,000.00 $ 261,000.00 $5,000.00 $ 145,000.00 $12,173.34 $ 353,026.86 $8,500.00 $ 246,500.00 $9,000.00 $ 261,000.00 Sawcut, Remove, And Replace PCC Curb And Gutter Per Specifications And City7 8 69 LF $
$

70.00 20.00
$
$
4,830.00 $
$
128.00

28.28 $
$
8,832.00 $
$
100.00

27.00 $
$
6,900.00 $
$

90.00 18.00
$
$
6,210.00 $120.00
$47.00
$
$
8,280.00 $119.84
$46.58
$
$
8,268.96 $200.00
$32.00
$
$
13,800.00 $120.00
$24.00
$
$
8,280.00STD Plan No. 104
Sawcut, Remove, and Replace PCC Spandrel, Including A.C. Slot Patch, Per Specifications and City STD Plan No. 1068,500 SF 170,000.00 240,380.00 229,500.00 153,000.00 399,500.00 395,930.00 272,000.00 204,000.00 9 10
11 98
127
7 EA Adjust Manhole Cover with Frame (Storm Drain, Sewer, Etc.) to Grade EA Adjust Water Valve and Gas Valve Cover To Grade
EA Adjust Sewer Clean Out Cover With Frame To Grade
$
$
$
1,000.00
250.00
400.00
$
$
$
98,000.00
31,750.00
2,800.00
$
$
$
824.00
228.00
824.00
$
$
$
80,752.00
28,956.00
5,768.00
$
$
$
950.00
100.00
900.00
$
$
$
93,100.00
12,700.00
6,300.00
$
$
$
800.00
125.00
300.00
$
$
$
78,400.00
15,875.00
2,100.00
$950.00
$225.00
$950.00
$
$
$
93,100.00
28,575.00
6,650.00
$677.08
$154.38
$568.74
$
$
$
66,353.84
19,606.26
3,981.18
$700.00
$250.00
$500.00
$
$
$
68,600.00
31,750.00
3,500.00
$900.00
$700.00
$700.00
$
$
$
88,200.00
88,900.00
4,900.00
Adjust Water Meter with Frame To Grade (CVWD Will Supply New Box If12 24 EA $ 500.00 $ 12,000.00 $ 824.00 $ 19,776.00 $ 400.00 $ 9,600.00 $ 325.00 $ 7,800.00 $500.00 $ 12,000.00 $1,462.48 $ 35,099.52 $900.00 $ 21,600.00 $500.00 $ 12,000.00Damaged) Traffic Striping, Markings, and Markers Per City STD Plan. No.133 (All Striping, 13 14
1 1
LS Legends, Symbols, Lane Lines, Limit Lines, and Crosswalks Shall Be Thermoplastic)
LS Traffic Control
$
$
35,000.00 $
$
35,000.00 $
$
28,895.00 $
$
28,895.00 $
$
15,000.00 $
$
15,000.00 $
$
22,000.00 $
$
22,000.00 $19,000.00
$40,000.00
$
$
19,000.00 $15,200.00
$85,150.00
$
$
15,200.00 $20,000.00 $
$
20,000.00 $23,000.00 $
$
23,000.00
350,000.00 350,000.00 222,000.00 222,000.00 223,250.00 223,250.00 381,023.30 381,023.30 40,000.00 85,150.00 $221,435.00 221,435.00 $439,469.00 439,469.00 TOTAL BASE BID AMOUNT: $3,239,708.50 $2,369,000.00 $2,473,270.00 $2,507,694.80 $2,615,920.00 $2,636,636.00 $2,860,000.00 $3,114,169.00

DATE: May 15, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Romeo M. David, Associate Engineer
SUBJECT: Consideration of a Contract with Hillcrest Contracting, Inc. in an Amount of $2,944,466 Plus 5% Contingency for the Fiscal Year 2023-24 Major Arterials Pavement Rehabilitation Project for Milliken Avenue.

This Project is Exempt From the Requirements of the California Environmental Quality Act (CEQA) per Government Code Section 15301 – Existing Facilities. (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve the plans and specifications for the FY2023-24 Major Arterials Pavement Rehabilitation Project for Milliken Avenue (Project);

2. Accept the bids received for the Project;

3. Award and authorize the execution of a contract for the Milliken Avenue Project in the Base Bid amount of $2,944,466 to the lowest responsive bidder, Hillcrest Contracting, Inc;

4. Authorize the Director of Engineering Services or his designee to approve the expenditure of a 5% contingency for the Milliken Avenue Project in the amount of $147,223.

BACKGROUND:

As part of the annual budgeting process, the Engineering Services Department identifies major arterials in need of resurfacing for inclusion in the Five-Year Capital Improvement Program and annual City Budget. The selection process for the Major Arterials Program is based on data included in the City’s Pavement Management System (PMS). The PMS is a planning tool that analyzes existing pavement conditions, assigns a Pavement Condition Index, and provides a recommended pavement treatment. Typical treatments used by the City include pavement resurfacing, and full pavement reconstruction. After conducting field investigations, staff confirms the data and recommendations obtained from the PMS and prepares plans, specifications, and estimates for each planned project prior to requesting bids. The existing asphalt pavement conditions for sections alongside Milliken Avenue, from Base Line Road to Banyan Street, have deteriorated to the point that resurfacing is required to extend the life of pavement and improve rideability. The Fiscal Year 2023-24 Major Arterials Pavement Rehabilitation Project has been included in the Capital Improvement Program budget for this Fiscal Year 2023-24. A vicinity map is included as Attachment 1.

2 3
2 9
The City of Rancho Cucamonga uses asphalt rubber hot mix overlay for major arterials as a paving method to apply a new layer of asphalt to deteriorating roadway surfaces. Instead of demolishing the old asphalt surface completely, asphalt rubber hot mix overlay will use the existing layers as a base for the new asphalt pavement. An asphalt rubber hot mix overlay project extends the life of the pavement an additional 15 to 20 years.

ANALYSIS:

The scope of work consists of weed kill, routing and crack sealing, cold milling, asphalt rubber hot mix overlay, adjusting existing manholes and valves to new grade, restriping and installation of pavement markings, accessible curb ramps, traffic signal video detection, and the installation of green bike lane thermoplastic striping. The contract documents call for 60 working days to complete this Project.

The Notice Inviting Bids was released to the general contracting community and was published in the Inland Valley Daily Bulletin newspaper on April 16, and April 23, 2024. The City Clerk’s office facilitated the formal solicitation for bidding the Project. On April 30, 2024, the City Clerk’s office received seven (7) construction bids. The Engineer’s estimate for the Project was $2,935,000. The apparent low bidder, Hillcrest Contracting, Inc., submitted a bid in the amount of $2,944,466. A full bid summary is included as Attachment 2.

Engineering staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder, Hillcrest Contracting, Inc., meets the requirements of the bid documents. Staff has determined that the Project is Categorically Exempt from California Environmental Quality Act (CEQA) per Section 15301 “Existing Facilities” subsection (c), Class 1.

FISCAL IMPACT:

Anticipated construction costs are estimated to be as follows:

Expenditure Category Amount
Construction Contract $2,944,466
Construction Contract Contingency (5%) $147,223
Construction Inspection Services $75,700
Construction Materials Services $49,075
Construction Survey Services $10,500
Bid Noticing Advertisement $1,719
Estimated Construction Costs $3,228,683
A total of $2,980,000 is included in the Fiscal Year 2023/24 Amended Budget from the Road Maintenance and Rehabilitation (RMRA) (Fund 179) for this Project. In addition, $325,000 is available in the Amended Budget from the Transportation Fund (Fund 124) for Advanced Traffic Management System (ATMS) Phase 2 for traffic signal video detection and traffic signal conduit to be installed in support of ATMS as part of this Project. The funding plan for this Project is outlined below:

2 3
2 9
Account No. Funding Source Description Amount
11793035650/2033179-0 RMRA Fund (179) Milliken Avenue $2,903,683 11243035650/2004124-0 Transportation Fund
(124)
ATMS Phase 2 $325,000
Total Project Funding $3,228,683
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This Project meets our City Council core values by promoting and enhancing a safe and healthy community for all, and by providing continuous improvement through the construction of high- quality public improvements
ATTACHMENTS:

Attachment 1 - Vicinity Map
Attachment 2 - Bid Summary

ATTACHMENT 1
FY 2023-24 MAJOR ARTERIALS PAVEMENT REHABILITATIONS FOR “MILLIKEN AVENUE PAVEMENT”
From Base line Road to Banyan Street

NOT TO SCALE
Project Site
Project Site

ATTACHMENT 2
BID DATE: April 30, 2024 APPARENT LOW BIDDER 2 3 4 5 6 7 FY2023-24 MAJOR ARTERIALS PAVEMENT REHABILITATION PROJECT -

MILLIKEN AVE PAVEMENT REHABILITATION PROJECT - BASELINE RD TO BANYAN STREET ENGINEER'S ESTIMATE HILLCREST CONTRACTING, INC. HARDY AND HARPER, INC. R.J. NOBLE COMPANY SEQUEL CONTRACTORS INC. GENTRY BROTHERS INC. ONYX PAVING COMPANY, INC. ALL AMERICAN ASPHALT

BASE BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID

NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT 1 2
3 4
5 6
7 1
1 LS MOBILIZATION (INCLUDING CLEARING, GRUBBING, & REMOVAL - INCLUDING DISPOSAL)

LS CONSTRUCTION STAKING (FOR RAMPS ONLY)
SY COLD PLANE 2" FULL DEPTH
SY GRIND HEAVY ALLIGATOR SURFACE FOR A DEPTH OF 2"-FULL DEPTH TN INSTALL 2" to FULL DEPTH D2 PG6410 ASPHALT
TN INSTALL 2" THICK "ARHM" OVERLAY
EA CONSTRUCT P.C.C. ACCESS RAMP INCLUDING CURB & GUTTER, SIDEWALK, RETAINING CURB,

ROCK SPACE, TRUNCATED DETECTABLE WARNING AND AC PAVEMENT PER EXHIBITS INCLUDING SAWCUT, REMOVAL & DISPOSAL OF EXISTING P.C.C. EXCLUDING SPANDREL,

COMPLETE IN PLACE PER PLAN
$
$
$
$
$
$
$
180,000.00
36,000.00

3.50 11.00
170.00
140.00
10,000.00
$180,000.00
$36,000.00
$242,434.50
$20,471.00
$39,950.00
$1,224,020.00
$250,000.00
$226,000.00
$37,000.00
$4.00
$13.20
$270.00
$137.00
$10,400.00
$226,000.00
$37,000.00
$277,068.00
$24,565.20
$63,450.00
$1,197,791.00
$260,000.00
$200,000.00
$20,000.00
$3.00
$15.00
$200.00
$120.00
$10,300.00
$200,000.00
$20,000.00
$207,801.00
$27,915.00
$47,000.00
$1,049,160.00
$257,500.00
$139,000.00
$28,000.00
$4.18
$139,000.00
$28,000.00
$289,536.06
$23,820.80
$50,525.00
$1,127,847.00
$243,297.50
$160,000.00
$35,000.00
$3.40
$20.00
$145.00
$130.00
$12,000.00
$160,000.00
$35,000.00
$235,507.80
$37,220.00
$34,075.00
$1,136,590.00
$300,000.00
$150,000.00
$50,000.00
$5.00
$150,000.00
$50,000.00
$346,335.00
$9,305.00
$23,500.00
$987,959.00
$300,000.00
$444,000.00
$24,000.00
$4.44
$11.00
$222.00
$137.00
$11,700.00
$444,000.00
$24,000.00
$307,545.48
$20,471.00
$52,170.00
$1,197,791.00
$292,500.00
$158,000.00
$28,400.00
$3.00
$158,000.00
$28,400.00
$207,801.00
$24,193.00
$52,640.00
$1,311,450.00
$243,250.00
69,267
1,861
235
8,743
25 $12.80 $5.00 $13.00
$215.00
$129.00
$9,731.90
$100.00
$113.00
$12,000.00
$224.00
$150.00
$9,730.00
8 4,612
10 SF CONSTRUCT PCC SPANDREL PER PLANS AND SPECIFICATION INCLUDING SAWCUT, REMOVAL,

AND DISPOSAL OF EXISTING SPANDREL COMPLETE IN PLACE PER PLAN LF CONSTRUCT P.C.C. CURB & GUTTER PER CITY STANDARD INCLUDING SAWCUT, REMOVAL &

DISPOSAL OF EXISTING CURB AND GUTTER/EXISTING SIDEWALK

EA INSTALL NEW PEDESTRIAN PEDESTAL POLE AND CONDUIT PER CALTRANS STANDARD PLAN ES- 7A.

EA INSTALL NEW PUSH BUTTON ASSEMBLY AND WIRING PER CALTRANS STANDARD PLAN ES-5C, INCLUDING REMOVING AND CAPPING OF EXISTING PUSH BUTTON.

LS TRAFFIC THERMOPLASTIC STRIPING, SIGNS AND POST, SIGNS INSTALLATION TO EXISTING POSTS @ STREETLIGHTS AND MARKERS, PER PLAN AND CITY & CALTRANS STD. PLAN

COMPLETE IN PLACE PER PLAN (ALL STRIPING INCLUDING LANE LINES, LEGENDS, SYMBOLS,

LIMIT LINES & CROSSWALKS, SHALL BE THERMOPLASTIC)
$
$
$
$
$

30.00 80.00
$138,360.00
$800.00
$30.00
$89.00
$138,360.00
$890.00
$31.00
$200.00
$142,972.00
$2,000.00
$49.00
$126.50
$225,988.00
$1,265.00
$32.00
$110.00
$147,584.00
$1,100.00
$25.00
$100.00
$115,300.00
$1,000.00
$28.82
$128.00
$132,917.84
$1,280.00
$34.00
$283.00
$156,808.00
$2,830.009
10 11
12 25 5,000.00
3,500.00
100,000.00
$125,000.00
$126,000.00
$100,000.00
$3,950.00
$2,500.00
$74,000.00
$98,750.00
$90,000.00
$74,000.00
$4,600.00
$2,700.00
$70,000.00
$115,000.00
$97,200.00
$70,000.00
$4,900.00
$2,900.00
$64,000.00
$122,500.00
$104,400.00
$64,000.00
$4,000.00
$2,700.00
$98,000.00
$100,000.00
$97,200.00
$98,000.00
$4,320.00
$2,775.60
$95,000.00
$108,000.00
$99,921.60
$95,000.00
$4,000.00
$3,000.00
$202,000.00
$100,000.00
$108,000.00
$202,000.00
$3,800.00
$2,445.00
$65,000.00
$95,000.00
$88,020.00
$65,000.00
36 1
13 14
1260
1 SF INSTALL THERMOPLASTIC SKIP GREEN BIKE TREATMENT STRIPING PER DETAILS LS FURNISH AND INSTALL VIDEO DETECTION SYSTEM FOR MILLIKEN AVENUE @ CENTRAL PARK

COMPLETE IN PLACE
$
$

15.00 40,000.00
$18,900.00
$40,000.00
$9.20
$52,000.00
$11,592.00
$52,000.00
$9.00
$45,000.00
$11,340.00
$45,000.00
$11.00
$48,500.00
$13,860.00
$48,500.00
$14.00
$60,000.00
$17,640.00
$60,000.00
$13.00
$81,504.00
$16,380.00
$81,504.00
$13.00
$55,000.00
$16,380.00
$55,000.00
$11.00
$72,000.00
$13,860.00
$72,000.00
15 16
17 18
1 1
1 1
LS FURNISH AND INSTALL VIDEO DETECTION SYSTEM FOR MILLIKEN AVENUE @ FAIRMONT WAY

COMPLETE IN PLACE
LS FURNISH AND INSTALL VIDEO DETECTION SYSTEM FOR MILLIKEN AVENUE @ VICTORIA PARK

LANE COMPLETE IN PLACE
LS FURNISH AND INSTALL VIDEO DETECTION SYSTEM FOR MILLIKEN AVENUE @ KENYON WAY

COMPLETE IN PLACE
LS FURNISH AND INSTALL 4" CONDUIT WITH #8 GROUD WIRE AND 3-1.35" O.D. SMOOTH SCHEDULE 40 OSP. (HDPE) INNERDUCTS INCLUDING PULLBOXES AS PER PLAN @ MILLIKEN AVE AND BASELINE RD COMPLETE IN PLACE.
$
$
$
$
50,000.00
50,000.00
50,000.00
40,000.00
$50,000.00
$50,000.00
$50,000.00
$40,000.00
$75,000.00
$82,000.00
$84,000.00
$32,000.00
$75,000.00
$82,000.00
$84,000.00
$32,000.00
$50,000.00
$50,000.00
$50,000.00
$200,000.00
$50,000.00
$50,000.00
$50,000.00
$200,000.00
$55,000.00
$55,000.00
$55,000.00
$220,000.00
$55,000.00
$55,000.00
$55,000.00
$220,000.00
$85,000.00
$90,000.00
$95,000.00
$140,000.00
$85,000.00
$90,000.00
$95,000.00
$140,000.00
$107,136.00
$115,176.00
$165,576.00
$35,750.00
$107,136.00
$115,176.00
$165,576.00
$35,750.00
$77,000.00
$88,000.00
$99,000.00
$159,944.68
$77,000.00
$88,000.00
$99,000.00
$159,944.68
$94,500.00
$101,500.00
$145,900.00
$31,500.00
$94,500.00
$101,500.00
$145,900.00
$31,500.00
19 20
1 2

LS TRAFFIC CONTROL

EA INSTALL CONSTRUCTION NOTIFICATION SIGN
$
$
200,000.00
1,500.00
$200,000.00
$3,000.00
$117,000.00
$1,500.00
$117,000.00
$3,000.00
$302,112.00
$2,500.00
$302,112.00
$5,000.00
$90,000.00
$1,080.00
$90,000.00
$2,160.00
$197,000.00
$1,200.00
$197,000.00
$2,400.00
$448,281.50
$1,000.00
$448,281.50
$2,000.00
$444,000.00
$3,000.00
$444,000.00
$6,000.00
$430,000.00
$4,000.00
$430,000.00
$8,000.00
CORRECTED $3,258,124.10
TOTAL BASE BID AMOUNT: $2,934,935.50 $2,944,466.20 $2,950,000.00 $2,959,699.36 $3,069,316.80 $3,258,134.10 $3,828,000.00 $3,330,652.00

DATE: May 15, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Micah Martin, Public Works Services Director Daniel Akers, Parks and Landscape Superintendent
Lindsay A. McElwain, Acting Management Analyst III
SUBJECT: Consideration of Amendment No. 2 to Contract No. 2022-070 with Mariposa Landscapes, Inc. for LMD 2 Parkway, Paseo, and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $1,697,730 for FY 2024/25. (CITY)
RECOMMENDATION:

Staff recommends the City Council approve Amendment No. 2 to Contract No. 2022-070 with Mariposa Landscapes, Inc., extending the term of the contract to June 30, 2025 in an amount not to exceed $1,697,730 for FY 2024/25, contingent upon the approval of the FY 2024/25 Budget.

BACKGROUND:

The Public Works Services Department and the Procurement Division routinely issue requests for proposals to ensure vendor services remain competitive. On July 20, 2022, City Council awarded a competitively bid contract (CO 2022-070) for LMD 2 Parkway, Paseo, and Median Island Landscape and Irrigation Maintenance to Mariposa Landscapes, Inc., of Irwindale, California, effective July 1, 2022 for a one (1) year term with an option to renew in one (1) year increments up to a total of six (6) additional years through June 30, 2029. Currently, all sites are maintained at Service Level A. If approved, Amendment No. 2 to contract CO 2022-070 will extend the term of the contract to June 30, 2025, with a 4.3% rate increase for routine (cyclically scheduled) maintenance and as needed “extra work” line items. A copy of this agreement is available in the City Clerk’s Office.

ANALYSIS:

Mariposa Landscapes, Inc., has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2024/25. Mariposa Landscapes, Inc., is requesting a 4.3% rate increase for routine (cyclically scheduled) maintenance and as needed “extra work” line items to cover increases in labor, material, and fuel costs.

Mariposa Landscapes, Inc., continues to meet the services needs of the City and staff recommends the City Council approve the renewal of contract CO 2022-070 effective July 1, 2024 and approve the spending limit of $1,697,730 for FY 2024/25, contingent upon the approval of the FY 2024/25 Budget.

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FISCAL IMPACT:

The Proposed FY 2024/25 Budget includes $1,544,690 for Paseos, Parkways, and Median Island Landscape and Irrigation Maintenance in account 1131303-5300.

The contract spending limit of $1,697,730 includes a contingency of $153,040 for unforeseen work resulting from wind events or other emergencies.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s core values of promoting and enhancing a safe and healthy community for all, while providing high quality outdoor spaces.

ATTACHMENTS:

None.

DATE: May 15, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Micah Martin, Public Works Services Director Daniel Akers, Parks and Landscape Superintendent
Lindsay A. McElwain, Acting Management Analyst III
SUBJECT: Consideration of Amendment No. 4 to Contract No. 2020-030 with Mariposa Landscapes, Inc. for LMD 4R Parkway, Paseo, and Median Island Landscape and Irrigation Maintenance in an Amount Not to Exceed $570,910 for FY 2024/25. (CITY)
RECOMMENDATION:

Staff recommends the City Council approve Amendment No. 4 to Contract No. 2020-030 with Mariposa Landscapes, Inc., extending the term of the contract to June 30, 2025 in an amount not to exceed $570,910 for FY 2024/25, contingent upon the approval of the FY 2024/25 Budget.

BACKGROUND:

The Public Works Services Department and the Procurement Division routinely issue requests for proposals to ensure vendor services remain competitive. On April 1, 2020, City Council awarded a competitively bid contract (CO 2020-030) for LMD 4R Parkway, Paseo, and Median Island Landscape and Irrigation Maintenance to Mariposa Landscapes, Inc., of Irwindale, California, effective July 1, 2020 for a one (1) year term with an option to renew in one (1) year increments up to a total of six (6) additional years through June 30, 2027. Currently, all sites are maintained at Service Level A. If approved, Amendment No. 4 to contract CO 2020-030 will extend the term of the contract to June 30, 2025, with a 4.3% rate increase for routine (cyclically scheduled) maintenance and as needed “extra work” line items. A copy of this agreement is available in the City Clerk’s Office.

ANALYSIS:

Mariposa Landscapes, Inc., has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2024/25. Mariposa Landscapes, Inc., is requesting a 4.3% rate increase for routine (cyclically scheduled) maintenance and as needed “extra work” line items to cover increases in labor, material, and fuel costs.

Mariposa Landscapes, Inc., continues to meet the services needs of the City and staff recommends the City Council approve the renewal of contract CO 2020-030 effective July 1, 2024 and approve the spending limit of $570,910 for FY 2024/25, contingent upon the approval of the FY 2024/25 Budget.

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FISCAL IMPACT:

The Proposed FY 2024/25 Budget includes $488,950 for Paseos, Parkways, and Median Island Landscape and Irrigation Maintenance in account 1134303-5300.

The contract spending limit of $570,910 includes a contingency of $81,960 for unforeseen work resulting from wind events or other emergencies.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s core values of promoting and enhancing a safe and healthy community for all, while providing high quality outdoor spaces.

ATTACHMENTS:

None.

DATE: May 15, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer James Lo, Assistant Engineer
SUBJECT: Consideration to Accept Public Improvements on the West Side of East Avenue from 550 Feet North of Foothill Boulevard to Marshall Court Per Improvement Agreement, Related to Case No. SUBTT20148, as Complete, File a Notice of Completion, and Authorize Release of Bonds.

Pursuant to the California Environmental Quality Act (CEQA) and the City’s Local CEQA Guidelines a Mitigated Negative Declaration for this Project was Adopted by the City Council on August 19, 2020. (CITY) RECOMMENDATION:

Staff recommends that the City Council:

1. Approve and accept the public improvements and their design, required for the development of Case No. SUBTT20148 and authorize the City Engineer to file the appropriate Notice of Completion;

2. Release Faithful Performance Bond and accept Maintenance Bond for the associated public improvements; and

3. Authorize the City Engineer to approve the release of the Maintenance Bond one (1) year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship.

BACKGROUND:

On June 24, 2020, Case No. SUBTT20148 was approved by the Planning Commission for the construction of 131 residential units, four (4) commercial ready units and a 1,500 square foot commercial space on 11.44-acre project site in the Community Commercial (CC) district, located on the west side of East Avenue and north of Foothill Boulevard. The approval of Case No.

SUBTT20148 was conditioned on the construction of certain public improvements including Street Improvement, curbs and gutter, ADA curb ramps, streetlights, street trees and storm drain improvements. An improvement agreement and securities were approved by the City Council on February 2, 2022 in order to ensure construction of the required public improvements.

ANALYSIS:

All public improvements required of this development have been completed to the satisfaction of the City Engineer.

Prior to construction of the public improvements the developer, SC Westbury Limited Partnership,

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submitted the following securities to ensure satisfactory completion of the improvements:

Faithful Performance Bond $422,300
Labor and Material Bond $422,300
City staff conducted a final inspection of the public improvements in January of 2024 and confirmed all work was completed to City standards.

With the completion of the improvements, the Faithful Performance and Labor and Material bonds are no longer required. The City will retain 10% of the Labor and Material Bond as the Maintenance Bond to secure maintenance of the improvements through the one (1) year warranty period (one year from final inspection). The public improvements will be re-inspected in approximately nine (9) months to ensure they remain in good order prior to release of the Maintenance Bond.

ENVIRONMENTAL:

Pursuant to the California Environmental Quality Act (CEQA) and the City’s Local CEQA Guidelines, the City Council adopted a Mitigated Negative Declaration for this Project on August 19, 2020 and a Notice of Determination was filed with County Clerk’s office on August 25, 2020.

FISCAL IMPACT:

None.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s vision to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive through the construction of high-quality public improvements.

ATTACHMENTS:

Attachment 1 - Vicinity Map

ATTACHMENT 1
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SUBTT20148
Vicinity Map

NOT TO SCALE
Project Site

DATE: May 15, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Noah Daniels, Finance Director
SUBJECT: Consideration of a Resolution Updating Service and User Fees Related to Building and Safety Services. (RESOLUTION NO. 2024-034) (CITY) RECOMMENDATION:

Staff recommends the City Council adopt a Resolution to update service and user fees related to Building and Safety Services.

BACKGROUND:

On December 6, 2023, the City Council held a public meeting to discuss changes to different fees, including those for Building and Safety Services. At this meeting, the City Council approved Resolution No. 2023-121; however, that resolution left out five (5) fees that the staff had recommended for adjustment.

ANALYSIS:

In order to raise services and use fees, specific procedures set by Government Section Code 66016 must be followed, including public noticing and hearing processes and the adoption of a resolution or ordinance, as applicable. Those procedures were followed, including the public notifications about the proposed fees, which made the fee study and cost analysis performed by NBS available for public review; however, Resolution No. 2023-121 mistakenly left out five (5) fees from Exhibit A.

According to the Government Section Code, the City Council must adopt a resolution for service and use fees. However, as previously mentioned, the process of public notification and the public hearing was correctly completed and included the five (5) missing fees. Therefore, the City Council can consider another resolution to incorporate the omitted fees into the fee schedule without needing to conduct another public hearing.

A summary of the fees left out of Resolution No. 2023-121 and changes are as follows:

Fee Description Current Fee Recomm. Fee Change
B Class - 1. Office and Public
Buildings 5,000 sf each
additional 100 sf or fraction
thereof
$7 $7 No Change
R Class - 6. R3 Production
Rate 2,500 sf each additional
100 sf or fraction thereof
$19 $19 No Change

2 3
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R Class - 6. R3 Production
Rate 5,000 sf up to 5,000 sf $2,392 $2,367 Decrease of $25 Retaining wall - each
additional 50 linear ft $76 $72 Decrease of $4
Spray booth - each additional
500 sq ft $518 $516 Decrease of $2 per
additional 500 sf
FISCAL IMPACT:

The changes in service and user fees will generate revenues to offset the City's costs of providing services.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This action is in keeping with the Council's Core Value of intentionally embracing and anticipating the future by taking actions to keep fees in line with costs over time.

ATTACHMENTS:

Attachment 1 – Resolution

Resolution No. 2024-XXX - Page 1 of 3
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RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA,

CALIFORNIA, UPDATING FIVE FEES RELATING TO BUILDING AND SAFETY SERVICES: B CLASS - 1. OFFICE AND PUBLIC BUILDINGS 5,000 SF EACH ADDITIONAL 100 SF OR FRACTION THEREOF; R CLASS - 6. R3
PRODUCTION RATE 2,500 SF EACH ADDITIONAL 100 SF OR FRACTION THEREOF; R CLASS - 6. R3 PRODUCTION RATE 5,000 SF UP TO 5,000 SF; RETAINING WALL - EACH ADDITIONAL 50 LINEAR FT, AND SPRAY BOOTH - EACH ADDITIONAL 500 SQ FT FOR for BUILDING AND SAFETY SERVICES A Recitals.

1. The California Government Code allows the City to establish fees and charges for municipal services, provided such fees and charges do not exceed the estimated reasonable cost to the City in providing the service to which the fee or charge applies.

2. On December 6, 2023, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing regarding the adoption of fees applicable to the building and safety services, including the five fees referenced in the title of this Resolution (the “Fees”).

3. Data indicating the estimated or actual cost to provide each service, for which the Fees and charges set forth herein apply, was made available to the public at least ten (10) days prior to the date of the public hearing.

4. On December 6, 2023, the City Council adopted Resolution No. 2023-121 to adopt fees applicable to the building and safety services.

5. The Fees were erroneously omitted from Exhibit A of Resolution No. 2023-121 but were included in the study of fees and analyzed costs that were noticed for the public hearing.

6. The City Council desires to adopt the updated rates for the five Fees and incorporate them into the City’s official fee schedule.

B. Resolution.

The City Council of the City of Rancho Cucamonga finds and resolves as follows:

SECTION 1: The City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution, are true and correct.

SECTION 2: The City has conducted a study of new or increasing fees/fee categories and analyzed costs incurred in providing services, including, but not limited to, salary and benefits, maintenance, and administrative costs.

SECTION 3: The City Council hereby specifically finds that the Fees do not exceed the estimated reasonable cost of providing the service for which the fee or charge be levied.

SECTION 4: The City Council hereby authorizes the City Manager, or designee, to make annual adjustments to certain fees based on an inflationary factor established by the United States Bureau of Labor Statistics, where designated, effective July 1 of each year.

ATTACHMENT 1

Resolution No. 2024-XXX - Page 2 of 3
4 5
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SECTION 5: Building and Safety Services
a. The City hereby adopts the following Fees for services performed by the Building and Safety Department, effective July 14, 2024, effective 60 days from the adoption of this resolution consistent with State Law and incorporates them into the official fee study of the City of Rancho Cucamonga:

Title Summary of Change Fee
B Class - 1. Office and Public Buildings
5,000 sf each additional 100 sf or
fraction thereof
No Change $7.00
R Class - 6. R3 Production Rate 2,500
sf each additional 100 sf or fraction
thereof
No Change $19.00
R Class - 6. R3 Production Rate 5,000
sf up to 5,000 sf
Decrease of $25 $2,367
Retaining wall - each additional 50
linear ft
Decrease of $4 $72
Spray booth - each additional 500 sq ft Decrease of $2 per additional 500 sf
$516
b. The fees set forth in Section 5a, shall be adjusted annually, commencing on July 1, 2025, and each year thereafter, without further action of the City Council, based on the Employment Cost Index for State and Local Government Employees, Total Compensation, during the 12-month period ending on December 31 of the immediately preceding year, as released by the United States Bureau of Labor Statistics and rounded to the nearest whole dollar. If this index is discontinued, a replacement index, as determined by the City Council, shall be utilized.

SECTION 6: The City Clerk shall certify to the adoption of this Resolution.

Resolution No. 2024-XXX - Page 3 of 3
4 5
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PASSED, APPROVED, AND ADOPTED this day of 2024
AYES:

NOES:

ABSENT:

ABSTAINED:
__________________________________
L. Dennis Michael, Mayor
ATTEST:
_____________________________________
Janice C. Reynolds, City Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the __ 2024.

Executed this ___ day of_______, 2024 at Rancho Cucamonga, California _________________________________
Janice C. Reynolds, City Clerk

DATE:May 15, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Julie Sowles, Deputy City Manager
Robert Neiuber, Senior Human Resources Director
Emily Nielsen, Senior Human Resources Business Partner
SUBJECT: Consideration to Adopt a Resolution Approving a Memorandum of Understanding between the City of Rancho Cucamonga and the Rancho Cucamonga Management Association. (RESOLUTION NO. 2024-035) (CITY)
RECOMMENDATION:

Staff recommends the City Council adopt the attached resolution approving an 18-month memorandum of understanding between the City of Rancho Cucamonga and the Rancho Cucamonga Management Association.

BACKGROUND:

The City Council previously approved a two-year memorandum of understanding (MOU) between the City of Rancho Cucamonga and the Rancho Cucamonga Management Association, effective July 1, 2022 to June 30, 2024.

In March 2024, the City and the Rancho Cucamonga Management Association began negotiations to the MOU. After meeting and conferring in good faith, the City and the Rancho Cucamonga Management Association came to an agreement in May 2024.

ANALYSIS:

The parties agreed to an 18-month MOU and agreed to:
•2% cost of living adjustment (COLA) effective the first full pay period in July 2024, paid the first full pay period in September and a 2% COLA effective July 1, 2025. •2% internal equity adjustment effective the first full pay period in January 2025 for the following positions: Environmental Programs Manager, Economic Development Manager, Community Improvement Manager, Building and Safety Manager, Principal Accountant, Procurement Manager, and Library Services Manager.
•$125 per month increase to Medical ($1,400 per month) effective December 2024. •MAP increase from 3% to 4% (for those employees not at top step) and decrease the $500 stipend to a $250 stipend, effective the first full pay period in February 2025. •$50/year additional Team RC apparel and/or boots ($100/year max). •Each year the City will survey a minimum of six (6) group positions, including a minimum of one (1) from each workgroup, so that over four (4) years, all positions in the group are

2 3
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surveyed. Positions will be surveyed for individual market and internal equity purposes only and must find minimum comparable agencies in the survey group or the results will not be considered valid. The group survey for overall market equity comparison will continue to use existing survey positions to ensure longitudinal validity.

Staff recommends the City Council adopt the attached resolution approving an 18-month MOU between the City and the Rancho Cucamonga Management Association. Upon approval of this agreement by the City Council, the MOU would be effective July 1, 2024 to December 31, 2025.

FISCAL IMPACT:

The negotiated 18-month MOU has an estimated cost of $232,000.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the Council’s core value of working together cooperatively and respectfully with each other, staff, and all stakeholders.

ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Memorandum of Understanding

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, APPROVING A

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY

OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA

MANAGEMENT ASSOCIATION
WHEREAS, representatives of the City of Rancho Cucamonga (City) and the Rancho Cucamonga Management Association have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of employment; and
WHEREAS, representatives of the City and the Rancho Cucamonga Management Association have agreed upon and presented to this City Council an eighteen-month Memorandum of Understanding effective July 1, 2024, to December 31, 2025; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that said Memorandum of Understanding with the Rancho Cucamonga Management Association is hereby approved and the City Manager is hereby authorized to sign said Memorandum of Understanding on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto.

PASSED, APPROVED, AND ADOPTED this day of 2024.

ATTACHMENT 1

1 4
5 9
1 MEMORANDUM OF UNDERSTANDING

CITY OF RANCHO CUCAMONGA
AND

RANCHO CUCAMONGA MANAGEMENT ASSOCIATION
July 1, 2024 – December 31, 2025
ATTACHMENT 2

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1 MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AND

RANCHO CUCAMONGA MANAGEMENT ASSOCIATION (RCMA)
SECTION 1: EFFECTIVE DATE
The provisions of this MOU are effective upon City Council approval and shall continue for an 18-month period, ending December 31, 2025.

A. Negotiations for Successor
The City and RCMA agree that negotiations for the successor MOU will begin on or before July 10, 2025.

The City and RCMA agree to meet and confer at least twice per month while negotiations are ongoing, unless both parties mutually agree to fewer meetings in a month.

RCMA agrees to take Tentative Agreements reached at the table to their membership for a ratification by their members within 60 days or they expire.

SECTION 2: SALARY SURVEY
The City shall conduct a salary survey of labor market cities approximately six (6) months before the start of new labor negotiations for the next MOU. Each year the City will survey a minimum of six (6) positions in the bargaining group, including a minimum of one (1) from each workgroup, ensuring that all members of the bargaining unit are surveyed over four (4) years. The rotation for positions surveyed was determined through a randomized lottery draw as follows:

EXISTING SURVEY POSITIONS:

Assistant to the City Manager
Community Affairs Manager
Deputy Director Engineering/Deputy City Engineer
Facilities Superintendent
Senior Civil Engineer
Senior Planner
Traffic Engineer
YEAR 1:

Animal Center Manager
Deputy Director of Finance
Deputy Director of Human Resources
Principal Management Analyst
Senior Executive Assistant
Deputy Director of Engineering
Environmental Programs Manager

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5 9
1 Utilities Operations Manager
Community Services Superintendent
Deputy Director of City Clerk Services
YEAR 2:

Plan Check & Inspection Manager
Deputy Director of Building and Safety
Chief Information Security Officer
Finance Manager
Risk Manager
Deputy Director Engineering/Utility Manager
Economic Development Manager
Public Works Maintenance Manager
Community Services Manager
Deputy Director of Community Services
YEAR 3:

Deputy Director of Animal Services
Accounting Manager
Deputy Director of Innovation and Technology
Procurement Manager
City Planner/Planning Manager
Deputy Director of Public Works
Principal Engineer
Street/Storm Drain Maintenance Superintendent
Principal Planner
Deputy Director of Library Services
Library Services Manager
YEAR 4:

Building & Safety Manager
Veterinarian
Community Improvement Manager
Principal Accountant
Revenue Manager
Deputy Director of Economic Development
Deputy Director of Planning
Park/Landscape Maintenance Superintendent
Principal Librarian
Cultural Center Manager
Positions will be surveyed for individual market and internal equity purposes only.

There must be a minimum of six comparable agencies in the survey group or results will not be valid and will not be included with the existing survey positions. The information gathered will be shared with the group. The group survey for overall market equity comparison will continue to use existing survey positions to ensure longitudinal validity.

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1 SECTION 3: COST OF LIVING ADJUSTMENT
Effective the first full pay period in July 2024, all RCMA covered employees shall receive a two percent (2%) cost of living adjustment. (The increase and corresponding deferred pay will be paid out first full pay period in September 2024.) Effective the first full pay period in July 2025, all RCMA covered employees shall receive a two percent (2%) cost of living adjustment.

A. Equity Adjustment
Effective the first full pay period in January 2025, the following RCMA positions shall receive a two percent (2%) equity adjustment:

Building and Safety Manager
Community Improvement Manager
Economic Development Manager
Environmental Programs Manager
Library Services Manager
Principal Accountant
Procurement Manager
SECTION 4: SALARY STRUCTURE
All employees will be assigned to salary ranges that are no less than 20% below the control point and no more than 10% above the control point. Actual salary within the range is determined by performance, achievement of goals and objectives, or for recent appointments, growth within the position.

SECTION 5: PROFESSIONAL DEVELOPMENT PLAN AND MERIT INCREASE Annual performance reviews have been replaced with professional development plans and at least two (2) ongoing coaching check-ins a year. The City formed a committee of all bargaining groups who agreed to the change. Training as well as handouts will be provided to employees and supervisors to assist with the professional development plan and yearly coaching conversations. The City will review the form(s) and process with this committee at least every three (3) years to ensure their usefulness for employees and supervisors.

RCMA employees on or starting a probationary period would be eligible to receive up to five percent (5%) through the term of their probationary period per the Personnel Rules and are then eligible for the merit increase in the next development plan cycle, as long as the probationary period was completed before the end of November (ex. An employee whose probationary period ended in March through November would be eligible for the upcoming February increase. An employee whose probationary period ended December to February would have to wait for the following February for another increase).

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1 Each November, employees and their supervisors will work together to develop the Professional Development Plan which must be completed by the employee and supervisor by the end of the second full week in December of every year.

Plan timeline:
•No later than the first and second week of November – Employee fills out their “My Action Plan.”
•Third and fourth week of November – Employees and Supervisors work together on the Plan, and Supervisors review the plans with their Managers or who their Department determines.
•Remainder of November through the second week of December – Supervisors finalize the Plan, taking into account any input that their Supervisors provided and going over the Plan with the employee before submission.

Upon submission of the completed Plan in December (as outlined in the timeline above), employees not at the top step are eligible for a merit increase of four percent (4%), but no greater than the top step. The change will be reflected in the first full pay period the following February. Employees at the top step of their salary range will be eligible to receive a stipend of $250, paid in conjunction with the check for the first full pay period in February. There is no retroactivity for Plans not timely submitted. Employees on a performance improvement plan as of December will not be eligible for a merit increase or stipend.

SECTION 6: MANAGEMENT BENEFITS
Employees designated as Management are not eligible for overtime pay, or compensatory time for working hours over and above the normal daily work schedule.

Employees shall be entitled to the benefits below:

A. Management Leave – Eighty-five (85) hours per fiscal year. Days off must be approved by the appropriate supervisor.

B. Life Insurance – The City provides $50,000 base coverage of life insurance for bargaining unit employees. Employees who want to purchase additional life insurance coverage with personal funds may do so at the City’s group rate.

C. Deferred Compensation
457 Plan –Bargaining unit members may contribute to the 457 Plan. The City matches up to 2% of what the employee contributes into their 457 Plan through payroll deductions, into the 401(a) Plan.

Participation in the 457 Plan at two percent (2%) for new bargaining unit members shall be automatic with an opt-out option.
401(a) Plan –The City contributes four percent (4%) of the base salary paid into the 401(a) Plan for all RCMA employees.

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1 SECTION 7: HEALTH INSURANCE
A. Level of Benefit
The City shall provide employee and family health insurance for all full-time continuously salaried employees within the bargaining unit, subject to the limitation that no such monthly funding by the City shall exceed $1,275 per month.

Effective the first full pay period in December 2024, the monthly amount will increase to $1,400.

B. Use of Accrued Vacation for Above City-Paid Contribution Maximum Health Insurance
Employees who elect a health insurance program with a premium above the City- paid contribution maximum may also elect to use the cash value of redeemed accrued vacation to pay for any above maximum premium. Such use will be on a dollar-for-dollar and pre-tax basis. Such election must be made in writing, may cover all or a specified part over the maximum premium, and be effective for one calendar year unless the participant terminates employment with the City during the year (see Appendix A for complete information on this optional benefit). If accrued vacation is insufficient to pay for any above maximum premium, the difference will be deducted from the employee’s net pay. This periodic payout will not be included in the computation of overtime and will not count towards Vacation Buyback. The parties agree that this position will not be used when bargaining, contemplating, or calculating the health insurance benefit.

C. Cash In-Lieu Payment
Represented employees who wish to waive coverage under a City-paid medical insurance plan, are eligible for this benefit and may opt out of medical insurance, as long as they meet the ACA requirements stated in sections C1 and C2.

Employees eligible for this benefit shall receive a $300 per month cash-in-lieu payment.

To be eligible, an employee must provide the following:
(1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt-out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt-out period”); and
(2) the employee must sign an attestation that the employee and his/her tax

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1 family have or will have such minimum essential coverage for the opt-out period.

An employee must sign an attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt-out payment cannot be made, and the City will not make payment if the employer knows that the employee or tax family member does not have such alternative coverage, or if conditions in this paragraph are not otherwise satisfied.

D. Affordable Care Act Reopener
The Rancho Cucamonga Management Association or City may reopen negotiations on the issue of health insurance benefits to address changes to or the elimination of the ACA and in order to avoid penalties or taxes under the ACA or other statutory scheme that may result from an interpretation of the ACA or other statutory scheme by the Internal Revenue Service or other federal agency (including, but not limited to, a revenue ruling, regulation or other guidance) or state agency, or a ruling by a court of competent jurisdiction. These negotiations will not result in a reduction or increase in the amount the City provides for employee health coverage.

SECTION 8: RETIREE MEDICAL
Subject to the conditions stated below, effective upon a service or disability retirement from City service at or beyond age 55 with 10 consecutive years of City service at the time of retirement, retirees shall be eligible to 100% personally fund, without any City contribution, participation in a group health insurance program(s) which is making group health insurance available to the City's retirees.

It is agreed and acknowledged by the parties to this MOU that no representation is or can be made by the City, that such group retiree health insurance is available, or if available, will remain available for any specific future period of time.

If no such group health insurance is reasonably available, or if the private carrier(s) terminates such coverage as to the retiree group or any individual group member, the City shall have no obligation/duty to self-fund or otherwise provide insurance or replacement insurance.

All premiums for the retiree and/or eligible dependents shall be borne by the retiree. The City shall advance and submit the necessary premiums to the carrier(s), subject to the retiree reimbursing the City not later than 30 calendar days after the City payment of the premium. Failure to timely reimburse the City shall result in no further premium payments being made by the City, resulting in termination of insurance coverage.

The City's duty to advance said premiums shall terminate at age 65 of the retiree, regardless of whether or not the retiree is eligible for Medicare. The City shall advise the group carrier of the insured's status as a retiree. Coverage eligibility shall then be solely determined by the group insurance carrier(s). Premium rates for retirees and/or

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1 dependents shall likely be greater than rates for employees. Regardless, retirees shall pay 100% of said rates.

If at any time, it is determined by any group health insurance carrier that the City is prohibited from seeking premium reimbursement from a retiree, City affiliation and retiree enrollment in said group insurance plan shall immediately terminate upon rendering of the insurance carrier's decision. In such case, no retiree shall seek reimbursement from the City for any prior premiums paid by the retiree to the City as and for premium reimbursement.

SECTION 9: VOLUNTARY EMPLOYEE BENEFIT ASSOCIATION (VEBA) The City has established a Voluntary Employee Benefit Association (VEBA) through the California Government Voluntary Employee Benefit Association to assist employees with planning for future healthcare expenses. Employees are allowed a one-time election to opt into the plan. Represented employees shall be eligible to participate in the plan according to a schedule negotiated separately from this agreement.

Contributions to the Plan shall be made as City contributions through a salary reduction arrangement. All contributions made on behalf of employees through such salary reduction arrangements are made on a pre-tax basis in accordance with IRS provisions. No Employer contributions are to be made to the plan. At the discretion of the applicable bargaining unit, contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document.

SECTION 10: DENTAL INSURANCE
The City shall provide a dental insurance plan for all full-time continuously salaried employees and beneficiaries within the bargaining unit.

SECTION 11: OPTICAL INSURANCE
The City shall provide an optical insurance plan for all full-time continuously salaried employees and beneficiaries within the bargaining unit and elected officials.

SECTION 12: FLEXIBLE SPENDING ACCOUNT PLAN UNDER SECTION 125 The City has established a flexible spending account plan managed by a third-party administrator that is open to the voluntary participation of members in the bargaining unit.

The City agrees to pick up all administrative fees associated with maintaining this program for bargaining unit members (including but not limited to debit card fees).

SECTION 13: RETIREMENT BENEFIT
Unit members who do not meet the definition of “new member” under the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (those unit members shall be referred to as "classic members") are enrolled in either the CalPERS retirement plan commonly

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1 referred to as the 2.5% at age 55 retirement plan ("Tier 1"), or in the two percent (2%) at age 55 retirement plan ("Tier 2") and shall be provided the benefits as described below:

A. Tier 1 – Employees Hired Before July 3, 2011
§ 21354.4 2.5% at 55 Full Formula
§ 21574 4th Level 1959 Survivor
§ 20042 1 Yr. Final Compensation
Employees shall pay the full eight percent (8%) of their PERSable compensation towards the CalPERS member contribution.

B. Tier 2 – Employees Hired on or After July 4, 2011
§ 21354 2% @ 55 Full Formula
§ 21574 4th Level 1959 Survivor
§ 20037 3 Yr. Final Compensation
Employees shall pay the full seven percent (7%) of their PERSable compensation towards the CalPERS member contribution.

C.It is understood that all contributions paid by the employee as described in Parts A through B above shall be calculated based upon the full base salary of the employee, plus any additional PERSable compensation.

The City adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation.

All employee payments of the employer share are done pursuant to Government Code Section 20516(f).

There shall be no sunset date to any provision in Section 13.

D. PEPRA – Employees hired on or After January 1, 2013* The California Public Employees' Pension Reform Act of 2013 (PEPRA) – As it may from time to time exist, the PEPRA shall in its entirety be given full force and effect. Any provision in this MOU that contradicts any provision of the PEPRA shall be deemed null and void, with the contrary PEPRA provision(s) being given full force and effect. Therefore, no provision of PEPRA shall be deemed to impair any provision of this MOU or any MOU, Agreement, Rule or Regulation predating this MOU. PEPRA includes, but is not limited to, the provisions described below:
*Unit members hired on and after January 1, 2013, deemed to be a "new member" as defined in Government Code§ 7522.04, shall individually pay an initial Member

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1 CALPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said "new member'' is enrolled, rounded to the nearest quarter of one percent (1%), or the current contribution rate of similarly situated employees, whichever is greater.

Unit members who are "new members" and miscellaneous employees on and after January 1, 2013, shall be enrolled in the two percent (2%) @ 62 retirement formula (Govt. Code§ 7522.20).

Unit members who are "new members" on and after January 1, 2013, shall have "final compensation" measured by the highest average annual pensionable compensation earned by the member during a period of at least 36 consecutive months (Section 7522.32.), and their retirement benefits shall be calculated based on "pensionable compensation" (Section 7522.10) rather than "compensation earnable" (Section 20636).

E. In addition, the City has adopted the PARS Retirement Enhancement Plan generally described as one-half percent (.5%) at 55 or at 60, depending upon the employee's hire date, for all miscellaneous employees hired on or prior to December 31, 2012. To be eligible, employees must be at least age 56, have 10 years of full-time continuous service and retire from the City. This benefit will be paid to qualified retirees in addition to any CalPERS benefits to which they are entitled.

SECTION 14: BEREAVEMENT LEAVE
When a death occurs in the family of a full-time employee, the employee shall be granted up to 80 hours of bereavement leave with pay. A death certificate or other acceptable evidence may be required by the City Manager or designee before leave is allowed.

Family members are defined as follows: employee's spouse or domestic partner, employee's parents, employee's grandparents, employee's children, son-in-law, daughter- in-law, employee's siblings, or employee's grandchildren, employee's spouse or domestic partner's parents, employee's spouse or domestic partner's grandparents, grandparents- in-law, brother-in-law, sister-in-law, employee's spouse or domestic partner's children, employee's spouse’s grandchildren, or a blood relative residing with employee. The City Manager or designee shall approve such bereavement leave. (References to domestic partners refer to registered domestic partners, as defined by California Family Code Section 297.)
Employees are eligible for an additional 40 hours of bereavement leave in addition to the currently provided 80 hours when the bereavement leave is related to the employee’s spouse or domestic partner, employee’s parents, employee’s children, son-in-law, daughter-in-law, or employee’s siblings, employee’s spouse or domestic partner’s parents, employee’s spouse or domestic partner’s children, or a blood relative residing with the employee.

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1 SECTION 15: PERSONAL LEAVE
Employees can use up to 40 hours of accrued sick leave, vacation, administrative leave or holiday time as personal leave. These 40 hours can be used incrementally (i.e., 1 hour, 1/2 hour) throughout the fiscal year. Use of this time is for situations requiring the employee's attention and needs to be cleared with their supervisor when using this time.

SECTION 16: VACATION
All full-time employees shall, with continuous service, accrue working hours of vacation monthly according to the following schedule.

Length of Service
in Years
Hours Accrued
Per Pay Period
Annual Hours
Accrued
1 3.077 80
2 3.461 90
3 3.846 100
4 4.230 110
5 4.615 120
6-8 5.000 130
9 5.384 140
10 5.769 150
11-13 6.153 160
14 6.538 170
15+ 6.923 180
SECTION 17: VACATION CAP
Vacation shall be capped at 1,040 hours. Any hours accrued over 1,040 hours will be cashed out using the options below:
▪Cash
▪Deferred compensation contributions as allowed by law
The employees make an irrevocable decision before the end of the calendar year and the payment or distribution will occur in April.

SECTION 18: VACATION BUYBACK
Annually, any employee who wants to have the City buy back vacation hours shall make an irrevocable election to do so. The irrevocable election shall be submitted in writing to the City’s Human Resources Department on or before December 15 and shall indicate the number of hours of vacation that the employee expects to earn in the following

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1 calendar year that the employee wants the City to buyback, with a minimum buyback of 20 hours up to a maximum of 160 hours. This buy back shall occur twice annually, in June/July (between the last payday in June and the first payday in July) and December (between the first and second payday of the month), and the employee must indicate the total amount of hours they want paid out in June/July and in December. Regardless of the number of hours requested to be cashed out at either time, the most the City can cash out is the number of hours accrued and available in that calendar year to date. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buyback time.

SECTION 19: VACATION ACCRUAL
The City Manager may provide an accrual rate for new Management employees up to the equivalent of a ten-year employee upon hire.

SECTION 20: SICK LEAVE
All full-time employees shall, with continuous service, accrue 120 hours of sick leave annually. Sick leave accrual (10 hours/month) begins on the first day of employment.

A. Personal Sick Leave
Employees can use sick leave for personal illness, injury, a health-related reason (such as the diagnosis, care or treatment of a health condition), or preventive care.

B. Family Sick Leave
Employees can use sick leave for the illness or injury of a health-related reason (such as the diagnosis, care or treatment of a health condition), or preventive care of a qualified family member.

For the purpose of Family Sick Leave, a qualified member means the employee’s:
child (includes any age or dependency status, or for whom the employee is a legal ward or obtaining medical attention or psychological counseling; services from a shelter; program stands in loco parentis), parent (includes a person who stood in loco parentis of the employee as a child), parent-in-law, spouse, registered domestic partner, grandparent, grandparent-in-law, great-grandparent, great-grandparent-in- law, grandchild, great-grandchild, or sibling.

C. Other Statutory Use
Sick leave can be used to cover an absence for an employee who is a victim of domestic violence, sexual assault, or stalking to:
(a) Obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health, safety, or welfare of the employee or their child(ren).

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1 (b) Obtain medical attention or psychological counseling, services from a shelter, program or crisis center; or participate in safety planning or other actions to increase safety.

D. Medical Certification
In the event of sick leave absences due to personal illness or injury, which exceeds three (3) consecutive workdays, the Department Head or Human Resources may require a physician’s statement indicating the employee’s fitness to return to work.

Should the City suspect that there is an abuse of sick leave by an employee, the City may require that the employee submit to Human Resources a physician’s certification to support the absence.

SECTION 21: SICK LEAVE BUYBACK AND EARLY RETIREMENT

NOTIFICATION INCENTIVE
If employees within the bargaining unit terminate their City employment after five (5) years of continuous service, the City will buyback 130 hours of sick time if they provide at least two (2) weeks’ written notice of their intent to separate.

If employees provide early notification of their intent to retire from the City, the City will pay employees for additional accrued sick leave hours in accordance with the schedule below. Notification must be given in writing to Human Resources in the form of an irrevocable letter of resignation with intent to retire:

Notification of at least twelve months
(365 calendar days*) 100 hours additional sick leave buyback Notification of at least six months
(180 calendar days*) 75 hours additional sick leave buyback Notification of at least four months
(120 calendar days*) 50 hours additional sick leave buyback Notification of at least two months
(60 calendar days*) 20 hours additional sick leave buyback *Employees must have leave available in order to be eligible for the additional buyback. Use of vacation and management leave during the time between the notification and the employee’s retirement date will not be counted toward the required notification periods in the schedule above.

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1 SECTION 22: HOLIDAYS
Employees receive the following 14 holidays. All full time continuous salaried employees shall be compensated at their regular rate for these days:
(1) July 4 Independence Day
(2) First Monday of September Labor Day
(3) November 11 Veteran’s Day
(4) Fourth Thursday of November Thanksgiving Day
(5) Day Following Thanksgiving Floater
(6) December 24 Day preceding Christmas
(7) December 25 Christmas Day
(8) January 1 New Year’s Day
(9) Third Monday of January Martin Luther King’s Birthday (10) Third Monday of February President’s Day
(11) Last Monday of May Memorial Day
(12) Three discretionary days may be taken by an employee at his/her convenience subject to approval of the department head. Days may not be carried over from one fiscal year to the next. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. When a holiday combination occurs (Thanksgiving, Christmas, etc.) where two (2) consecutive days are holidays and it would result in the City Hall being open to serve the public only two (2) days during the week, only one (1) of the holidays will be observed and the other holiday will become a floating holiday, except as provided during a Holiday Closure pursuant to Section 38. For example, for Thanksgiving, Thursday will be observed as the regular holiday; however, Friday will become a floating holiday to be used at a later date. In the instance of Thanksgiving, Christmas, or New Year’s, employees will have until June 30 to use those floating holidays accrued between Thanksgiving and New Year’s. Also, those days will not accrue as floating holidays until the actual holiday has occurred. Each year the City will designate which days will be observed and which are floating holidays. Employees who are eligible to bank a holiday have until June 30 (end of fiscal year) to use the banked holiday earned from July 1 through April 30. For any holiday banked in May and June, employees have until September 30 to use the banked holiday.

SECTION 23: HOLIDAY TIME
The City agrees that employees who are assigned to work on a holiday, whether or not their regular shift assignment requires they work that day, are eligible for pay at time and one-half for working that day. This time and one-half may be taken as compensation or put in a compensatory time off bank, (in effect, compensating at double time and one-half).

That rate of compensation is tallied as follows: The 10 hours compensation for the holiday, plus compensation at time and one-half for the hours actually worked. This payment at time and one-half abrogates the employee's right to that holiday.

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1 SECTION 24: HOLIDAY FACILITY CLOSURE
During the term of this MOU, there will be Holiday Facility Closures, certain City facilities may close in conjunction with the Christmas and New Year's holidays.

Closure dates for City facilities shall be determined by the City in order to balance the impact on public services. The City will strive to provide a schedule of Holiday Facility Closures at least six months or more in advance of the closure. During a holiday closure, affected represented employees may take paid leave from holiday, management leave, compensatory time, vacation accruals, or use unpaid leave.

When holiday closures are implemented by the City, Section 22's provision regarding consecutive holidays shall not apply.

SECTION 25: NATAL AND ADOPTION LEAVE WITHOUT PAY
The City shall provide employees within the bargaining unit up to four (4) months of natal and adoption leave for the birth or adoption of a child including the paid leave as outlined below; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act ("PDA"; California Government Code Section 12945), if applicable. The City's PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond the four-month period will be responsible for the payment of medical, dental and optical premiums to keep the coverage in force during the leave of absence.

SECTION 26: NATAL AND ADOPTION LEAVE WITH PAY
Employees within the bargaining unit are granted up to 120 hours of natal and adoption leave with pay for the birth or adoption of a child, however, use of the 120 paid hours does not extend any time charged under FMLA or CFRA. Any paid time required beyond this initial 120 hours must be charged to sick leave, vacation, compensatory or floating holiday time.

SECTION 27: WORKERS’ COMPENSATION LEAVE
Any employee covered herein who is receiving disability payments under the "Workers’ Compensation Act of California" for on-the-job injuries sustained while engaged in the performance of duties of any such City position, shall receive from the City during the first three (3) months of such disability absence, payments in an amount equal to the difference between the disability payments received under Workers’ Compensation Act and the employee's full salary. Such payments by the City should be made without any deduction from accrued sick leave benefits. The City's obligation for such payments shall commence on the first day of such disability absence. In the event the employee's disability absence should exceed three (3) months, an employee shall be allowed to supplement the Workers’ Compensation benefit received under State law with available accrued sick leave, accrued vacation leave or accrued compensatory time. The total number of leave hours, along with the Workers’ Compensation benefit, shall not exceed the employee's base pay for each day of the leave. For this purpose, accrued leave hours can only be used in one-hour increments.

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1 SECTION 28: MILITARY LEAVE
Employees required to serve military leave will be compensated pursuant to the Military and Veterans Code. To qualify for compensation, the military orders must be submitted to the supervisor prior to their tour of duty and must be attached to the timecard for that pay period.

SECTION 29: MILITARY SERVICE BUY BACK
Employees have the option for military service buyback at the employee's expense.

SECTION 30: BILINGUAL PAY
Bargaining Unit employees who qualify for bilingual pay will be provided such at $75 per month. Each Department Head will determine the number of employees needed to perform translation duties per department, subject to review and approval of the City Manager or designee. Employees who receive bilingual pay are expected to perform translation services for their department and other City Services should the need arise. An updated list of the employees receiving bilingual pay will be provided every six (6) months or as changes occur. Bilingual duties will be distributed as equitably as possible.

SECTION 31: TUITION REIMBURSEMENT FOR APPROVED COLLEGE AND

UNIVERSITY COURSES
Reimbursements by the City of the following enumerated college and/or university course expenses shall not exceed $2,300 during any fiscal year. Eligibility for said reimbursement in an amount not to exceed $2,300 in any one (1) fiscal year shall be contingent upon a determination by the employee's department head or his designee that all the following conditions precedent exists:

A. Expenses shall be incurred as regards coursework undertaken at a college or university that is licensed/accredited by one (1) of the six (6) regional accreditors involved in higher education accreditation in the United States.

B. The applicant for reimbursement shall represent to Human Resources, documentation prepared by the accredited/licensed college or university which evidences the applicant's receipt of a grade of "C" or "pass" in a pass/fail class. As regards each class for which reimbursement is sought (where an employee is simultaneously enrolled in multiple approved classes and does not receive a "C" or “pass" in any one or more of such classes, the amount of expenses subject to City's reimbursement shall be reduced and/or as appropriate, pro-rated to reflect no reimbursement being made for expenses related to classes where the minimal grade was not received).

C. Eligibility for reimbursement for said expenses shall be confined to either: 1) those courses that in and of themselves consist of curriculum which is predominately

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1 related to the development of skills reasonably anticipated by the City to enhance the applicant's job performance (by means of a non-inclusive example only, art classes would not qualify for reimbursement); or 2) where the employee has declared a major that is job-related as set forth in this section C, to those classes which must be completed as a condition precedent to successful completion of the course of study in the selected major.

D. Eligibility for reimbursement upon completion of coursework shall be predicated upon the employee's department head or their designee, making a written determination prior to the affected employee's enrollment in the course(s) for which reimbursement is later sought, that the coursework is offered by an accredited college or university and that the above-described job nexus does exist. The determination of the Department Head or their designee in such regard shall be final.

E. The costs which shall be subject to reimbursement are limited to the following: 1) tuition, 2) books, 3) supplies, 4) parking, and 5) laboratory. In addition to all other conditions precedent to reimbursement set forth in this section, prior to reimbursement being approved, receipts shall be provided to Human Resources and shall evidence each expenditure for which reimbursement is sought.

SECTION 32: REQUIRED CERTIFICATIONS AND RECERTIFICATIONS The City will pay for the cost of any required certifications or recertification required of employees to maintain their positions. Required certifications must be outlined in an employee’s classification specification. The Department Director, with the approval of the City Manager, can add to but not eliminate certifications and recertifications that Departments will cover the costs for employees to maintain. Any additions by the Department Head must be applied equally to all employees in that classification.

SECTION 33: ENCOURAGING PROFESSIONAL DEVELOPMENT
Promotions are movements to a different classification with a higher pay range.

Bargaining unit employees are encouraged to seek regular performance feedback from their direct supervisors and other Department leadership for professional development and in order to prepare to compete for future promotional opportunities. If a member applies for a promotion to a bargaining unit position and is not selected for an interview or has an interview but is not selected for the job, the employee is encouraged to request feedback from their supervisor as to reasons why they were not selected. The supervisor will work with other Department personnel and/or Human Resources to provide a response to the requesting employee within 30 days of the request.

Bargaining unit employees are encouraged to check their City email account regularly for information regarding promotional opportunities.

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1 SECTION 34: RECOVERY OF PROFESSIONAL DEVELOPMENT COSTS The City may pay the cost of training and certificate programs, up to $10,000, for individual employees who are not required to maintain their positions, with the goal of providing additional development opportunities for employees.

Employees can request that the City pay the cost of such training and certifications. The Department Director and /or Deputy City Manager, with the approval of the City Manager, may approve these requests, subject to budget availability. If an employee requests participation in a training or certificate program with a registration cost of $2,000 or more, the employee will be required to repay the cost of that training or certificate if they leave City employment within 4 years of the registration for that program. One-quarter of the amount owed is forgiven each year. The employee must sign an agreement indicating that any outstanding amount can be deducted from their final paycheck upon separation if any outstanding amount is due at separation.

This benefit does not pertain to professional conferences related to an employee’s ongoing continuous learning, which are routinely budgeted within a department’s budget.

SECTION 35: TEAM RC WORK APPAREL
The City shall annually provide reimbursement for employee-purchased Team RC apparel or safety footwear, in support of their position, up to a maximum of $100.

Employees would need to provide receipts for reimbursement (for up to $100) to their HR Business Partner by May 1 of every fiscal year. The parties are agreeable to move this into a Workday business process as soon as possible.

SECTION 36: CARPOOL PROGRAM
The City has implemented a well-defined, equitable, carpool program that eliminated the previously provided time-off incentive with a financial incentive. The carpool program is open to all full- time regular employees. Participation is voluntary, and employees interested in participating shall file a Rideshare Application Agreement and comply with the requirements of the program. The financial incentive for the program is $2.60 per day for every day that the bargaining unit employee carpools.

SECTION 37: 4/10 WORK WEEK
City Hall generally operates on a 4/10 work week, hours 7:00 a.m. to 6:00 p.m., Monday through Thursday. However, different work schedules consisting of various work hours and days may be adopted by individual departments based on departmental needs.

Remote facilities operate on a 40-hour work week of varying days and times.

SECTION 38: DIRECT DEPOSIT
All new bargaining unit members are required to enroll in direct deposit. Vacation

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1 buybacks can be by paper check.

SECTION 39: MANDATORY USE OF MULTI-FACTOR AUTHENTICATION

TECHNOLOGY
The City will require the use of multi-factor authentication technology by employees for access to all City systems including Workday. This would include the placement of such technology on all devices employees use to access City systems including personal cell phones.

SECTION 40: CONFIDENTIAL EMPLOYEES
The City will provide RCMA with a list of specific Confidential Employees whose positions are covered by the Management Employees' bargaining unit. These employees are designated as Confidential Employees due to the work they perform related to employer- employee relations and the access they have to information related to employer- employee relations. The City will update that list when a new confidential employee is hired, or the duties of a current confidential employee change and they are no longer involved in employer-employee relations.

Employees designated as confidential employees may not act as representatives of employee organizations which represent other employees of the City, may not represent employees in discipline or grievance procedures and may not provide information or participate in labor negotiation on behalf of RCMA.

Confidential Employees may be employed in some of the following positions (this list is not exhaustive):

Deputy Director of Finance
Deputy Director of Human Resources
Finance Manager
Principal Accountant
Revenue Manager
Senior Executive Assistant
SECTION 41: USE OF BULLETIN BOARDS AND CITY EMAIL SYSTEM The City will furnish a portion of existing bulletin board space, located in bargaining unit break areas where such bulletin boards currently exist, for RCMA notices. Such space will be no less than 18" x 24". If insufficient bulletin board space exists in a Bargaining Unit work or break area, the RCMA may, after receiving approval in writing from the City, put up a bulletin board not to exceed 18" x 24" depending on available space. RCMA may also distribute notices to covered employees through the City's email system. Bulletin boards and emails shall only be used for the following notices:
• Scheduled RCMA meetings, agenda, and minutes.
• Information on RCMA elections and the results.

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1 • Information regarding RCMA social, recreational, and related news bulletins. • Reports of official business of RCMA, including negotiations, reports of committees or the Board of Directors.

City equipment (including City computers, laptops, and tablets), materials, or supplies shall not be used for the preparation, reproduction, or distribution of notices, nor shall such notices be prepared by City employees during their regular work time. Notices that are posted, distributed or placed in an employee's City mailbox shall not be obscene, defamatory, or of a political nature. All notices to be posted must be dated and signed by an authorized representative of RCMA. RCMA agrees to follow the City's E-Mail Policy when sending emails to City employees. RCMA understands that all electronic mail is not confidential, and that the city reserves the right to access and disclose all messages sent over its email system for any purpose in accordance with the City's E-Mail Policy.

SECTION 42: ACCESS TO WORK LOCATIONS
The parties recognize and agree that in order to maintain good employee relations; it is necessary for Labor Relations Representatives and designated Officers and representatives of RCMA to confer with Bargaining Unit employees during working hours.

Therefore, RCMA Labor Relations Representatives, Officers, or representatives will be granted access to work locations during regular working hours to investigate and process grievances or appeals. RCMA Labor Relations Representatives or Officers shall be granted access upon obtaining advance authorization from the designated management representative prior to entering a work location and after advising the City at least one (1) business day in advance of the requested access, of the general nature of the business.

The 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 designated management representative shall not unreasonably withhold timely access to work locations. The City shall ensure that there is someone designated who shall have full authority to approve access at all times. If a request is denied, the designated management representative shall establish a mutually agreeable time for access to the employee. RCMA Labor Relations Representatives or Officers 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 City shall not unreasonably interfere with RCMA's access right to work locations and any reasonable denial of access shall not be subject to the grievance procedure.

SECTION 43: NEW EMPLOYEE ORIENTATION - AB119
The City shall provide 30 minutes at a mutually agreeable time during the employee onboarding process for an RCMA representative to meet with a new RCMA covered employee and present the benefits of being a member of the union. Onboarding of new employees occurs during the first working day at the start of a new pay period up to 26 times per year. The City will provide a calendar before the start of a new year. The City will provide RCMA with at least a 10-day notice, or as soon as practicable, of onboarding of new RCMA covered employees. An RCMA representative will have up to 30 minutes of uninterrupted time to meet with new RCMA covered employees. Prior to the meeting,

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1 or in no case later than the meeting time, the City will provide the name and job assignment of the new employee to the RCMA representative. The City will provide designated RCMA representatives with all available information about the employee as required under AB119 within 30 days of the employee’s start date and the City will provide information on all RCMA covered employees again as required by AB119 at least three (3) times per year.

SECTION 44: USE OF CITY RESOURCES
RCMA may be granted permission to use any City facilities accessible to the general public for meeting purposes, during the regular hours such space is accessible to the public, provided space for such meetings can be made available without interfering with City needs and is otherwise not reserved by any other groups or individuals. RCMA may also be permitted to use the City Council Chambers, during regular business hours, for RCMA meetings, provided the City Council Chambers are not otherwise reserved.

Permission to use City facilities must be obtained by RCMA from the appropriate management representative. RCMA shall be held fully responsible for any damages to, and the security of, any City facilities that are used by RCMA.

SECTION 45: ASSOCIATION RELEASE TIME
When RCMA is formally meeting and conferring with representatives of the City on matters within the scope of representation during regular City business hours, a reasonable number of Officers or other representatives of the RCMA shall be allowed reasonable time off without loss of compensation or other benefits.

1. Such Officers and representatives shall not leave their duty or workstation or assignment without the knowledge of the department head or division manager.

2. Such meetings are subject to scheduling in a manner consistent with operating needs and work schedules.

RCMA Officers or representatives shall be permitted, if requested by an RCMA represented employe e, to attend an employee counseling session, which could result in disciplinary action. Such Officers or representatives shall also be permitted, if requested by the Association employee, to be present at an employee disciplinary session.

1. Such Officers or representatives shall not leave their duty or workstation or assignment without the knowledge of the department head or division manager.

2. No more than one (1) employee at a time shall be granted release time to represent one (1) employee.

RCMA Officers or representatives of the Association shall be given reasonable time during work hours to investigate, and process specified grievances or complaints arising out of the application of MOU or personnel rules, upon prior permission from their respective department head or division manager.

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1 During the term of the next MOU, RCMA Officers and representatives agree to track their Association release time via the payroll system. The City and RCMA agree to review this usage to determine if limits need to be incorporated into a subsequent MOU.

SECTION 46: RELEASE FOR ALL HANDS MEETING
RCMA shall be allowed four (4) 90-minute periods of release time for all hands meetings per fiscal year, including travel time, during work hours. For the purposes of labor negotiations with the City, additional meetings may be requested and may be granted by the Human Resources Director.

SECTION 47: LABOR MANAGEMENT COMMITTEE
The City and RCMA agree to implement quarterly labor/management committee (LMC) meetings to discuss employee relations issues. The LMC will not be authorized to change the MOU or to settle any grievance.

SECTION 48: PRIORITY OF MEMORANDUM OF UNDERSTANDING
This memorandum of understanding between the City and the Rancho Cucamonga Management Association shall take precedence over the Personnel Rules adopted per Resolution 13-065.

SECTION 49: ADOPTION OF MOU
This memorandum between the City and the Rancho Cucamonga Management Association was adopted on May 15, 2024.

City of Rancho Cucamonga: Rancho Cucamonga Management Association:

Date: __________________ Date: __________________ ______________________ ______________________ John R. Gillison Heather Bolton
City Manager Deputy Director of Animal Services ______________________ _______________________ Julie A. Sowles Justine Garcia
Deputy City Manager Deputy Director of Engineering Services ______________________ ________________________ Robert Neiuber Chris Le Bere

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1 Human Resources Director Building and Safety Manager

DATE:May 15, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Robert Neiuber, Senior Human Resources Director Emily Nielsen, Senior Human Resources Business Partner
SUBJECT: Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Executive Management Employee Group. (RESOLUTION NO. 2024-033) (CITY)
RECOMMENDATION:

Staff recommends the City Council adopt the attached resolution approving an 18-month memorandum of understanding between the City of Rancho Cucamonga and the Executive Management Employee Group.

BACKGROUND:

The City Council previously approved a two-year memorandum of understanding (MOU) between the City of Rancho Cucamonga and the Executive Management Employee Group, effective July 1, 2022 to June 30, 2024.

In March 2024, the City and the Executive Management Employee Group began negotiations to the MOU. After meeting and conferring in good faith, the City and the Executive Management Employee Group came to an agreement in May 2024.

ANALYSIS:

The parties agreed to an 18-month MOU and agreed to:
•2.4% cost of living adjustment (COLA) effective the first full pay period in July 2024, paid starting the first full pay period in September and a 2% COLA effective July 1, 2025. •2% equity adjustment effective the first full pay period in January 2025 for the following positions: Engineering Director, Finance Director, HR Director, Innovation and Technology Director.
•$200 per month increase to Medical ($1,500 per month) effective December 2024. •The City will commission a market equity study for Animal Center, Building & Safety, and Public Works Directors to be completed by December 31, 2024.

Staff recommends the City Council adopt the attached resolution approving an 18-month MOU between the City and the Executive Management Employee Group. Upon approval of this agreement by the City Council, the MOU would be effective July 1, 2024 to December 31, 2025.

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FISCAL IMPACT:

The negotiated 18-month MOU has an estimated cost of $170,000.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the Council’s core value of working together cooperatively and respectfully with each other, staff, and all stakeholders.

ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Memorandum of Understanding

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, APPROVING A

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY

OF RANCHO CUCAMONGA AND THE EXECUTIVE

MANAGEMENT EMPLOYEE GROUP
WHEREAS, representatives of the City of Rancho Cucamonga (City) and the Executive Management Employee Group have met and conferred pursuant to the provisions of the Meyers- Milias-Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of employment; and
WHEREAS, representatives of the City and the Executive Management Employee Group have agreed upon and presented to this City Council an eighteen-month Memorandum of Understanding effective July 1, 2024, to December 31, 2025; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that said Memorandum of Understanding with the Executive Management Employee Group is hereby approved and the City Manager is hereby authorized to sign said Memorandum of Understanding on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto.

PASSED, APPROVED, AND ADOPTED this ______ day of ___________, 2024.

ATTACHMENT 1

MEMORANDUM OF UNDERSTANDING

CITY OF RANCHO CUCAMONGA
AND

EXECUTIVE MANAGEMENT EMPLOYEE GROUP
July 1, 2024 – December 31, 2025
ATTACHMENT 2

1 MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AND

EXECUTIVE MANAGEMENT EMPLOYEE GROUP
SECTION 1: EFFECTIVE DATE
The provisions of this MOU are effective July 1, 2024, and shall continue for an 18- month period, ending December 31, 2025.

SECTION 2: COST OF LIVING ADJUSTMENT
Effective the first full pay period in July 2024, all Executive Management Group covered employees will receive a 2.4% cost of living adjustment. (The increase and corresponding deferred pay will be paid out first full pay period in September 2024.) Effective the first full pay period in July 2025, all Executive Management Group covered employees will receive a 2% cost of living adjustment.

A. Equity Adjustment
Effective the first full pay period in January 2025, the following EMG positions shall receive a two percent (2%) equity adjustment:

Engineering Services Director/City Engineer
Finance Director
Human Resources Director
Innovation and Technology Director
B. Equity Study
The City will retain an outside consultant to do a market equity study for the Animal Center, Building and Safety, and Public Works Director positions, including, if necessary, recommendations. If the consultant is unable to find the minimum number of comparable agencies and positions within 100 miles of the 91730-area code, based on scope of duties, education, experience and size of organization, the results will not be valid for market equity adjustment purposes. The study will be completed by December 31, 2024.

SECTION 3: SALARY STRUCTURE
Executive Management employees will be assigned to salary ranges, which are no less than 20% (40 salary code steps) below the control point and no more than 15% (30 salary code steps) above the control point. Actual salary within the range is determined by performance, achievement of goals and objectives, or for recent appointments, growth within the position.

A.In order to prevent compaction issues, the top step of every Executive Management Covered employee's salary range should be a minimum of 5% above the top step of the available salary range of any subordinate employee as determined by the City Manager. Human Resources will review compaction issues each year taking into account any changes in salary ranges due to increases in control points, top steps and

2 cost of living adjustments.

SECTION 4: EXECUTIVE BENEFITS
Employees designated as Executive Management are not eligible for overtime pay, or compensatory time for working hours over and above the normal daily work schedule.

Employees so designated shall be entitled to all benefits provided to general employees and the following:

A. Management Leave - One hundred (100) hours per fiscal year. Days off must be approved by appropriate supervisor. In order to compete for talented Executive Staff, the City Manager may provide up to an additional 100 hours of Management Leave to an Executive Management covered employee upon hire. This additional Management Leave must be used within the first three years of the new employee's time with the City. The City does not recognize Management Leave as a property right and does not provide any cash-out provisions should an employee leave City service and still have a positive amount of Management Leave.

B. Life Insurance - Life insurance in the amount of 100% of the annual base salary plus $75,000.

C. Deferred Compensation - Six percent (6%) of base salary. Additional voluntary individual contributions above the 6% of base salary level will be matched dollar for dollar by the City up to a limit of 4% of base salary. The total contributions for both City and Employee cannot exceed the maximum annual contributions as determined by the Internal Revenue Service.

Deferred Compensation shall be automatic with an opt-out provision for new members. The 457 Plan match is paid into the 401A Plan match.

D. Automotive Allowance – $500 per month if a City vehicle is not provided.

E. Executive Reimbursement - The City shall provide up to $2000 each fiscal year to be applied to either Executive Physical or for Technology Reimbursement subject to the following conditions:

1. Executive Wellness Plan
The City shall provide reimbursement for employee for an Executive Physical, and related approved expenses, up to a maximum amount of $2,000 per fiscal year. If the employee selects or requires additional services beyond the $2,000 per fiscal year amount, employee may receive reimbursement for additional approved expenses in an amount equivalent to any unspent funds remaining from employee's Executive Benefits from the prior fiscal year. If no unspent funds remain from employee's Executive Benefits from the prior fiscal year, employee may receive reimbursement for additional approved expenses as an advance against employee's next immediate fiscal year Executive Benefits (1-year advance only). In no event shall any employee receive more than $4,000 total reimbursement for an Executive Physical, and related expenses, in one fiscal

3 year. Approved providers, and a list of eligible reimbursable services, shall be determined by the Human Resources Department.

2. Technology Reimbursement
The City shall provide reimbursement for employee to procure ancillary technology devices and related peripherals in support of their positions up to a maximum of $2,000 per fiscal year amount, employee may receive reimbursement for additional approved expenses in an amount equivalent to any unspent funds remaining from employee’s Executive Benefits from the prior fiscal year. In no event, shall any employee receive more than $4,000 total reimbursement for technology devices, and related expenses, in one fiscal year.

Approved devices and peripherals shall be determined by the Human Resources Department. Ancillary technology devices are defined by the following categories, including the minimum replacement cycle for each device category:

Mobile Phone: 2-year replacement cycle
Tablet Device: 3-year replacement cycle
PC or Laptop: 3-year replacement cycle
Printer: 3-year replacement cycle
The City will no longer provide employees a phone stipend or any ancillary technological devices, other than a desktop or laptop computer for his/her workstation as is provided to most City employees for their daily use. Devices procured under the reimbursement program must be made available for work related activities. Reimbursed devices are exclusive to the employee for personal and City related use and may not be transferred to another user or owner during the replacement cycle.

SECTION 5: HEALTH INSURANCE
A. LEVEL OF BENEFIT
The City shall provide employee and family health insurance for all represented full-time continuous employees within the bargaining group, subject to the limitation that no such monthly funding by the City shall exceed the following:
$1,300 effective the second full pay period in December 2022. $1,500 effective the first full pay period in December 2024.

B. CASH IN-LIEU PAYMENT
Represented employees who wish to waive medical coverage under a city-paid medical insurance plan, are eligible for this benefit and may opt out of medical insurance, as long as they meet ACA requirements.

Employees eligible for this benefit shall receive $300 per month cash in-lieu payment. To be eligible, an employee must provide the following:

4 (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City's plan year to which the opt out applies ("tax family"), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies ("opt out period"); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt-out payment cannot be made, and the City will not in fact make payment if the employer knows that the employee or tax family member does not have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.

C. AFFORDABLE CARE ACT (ACA) REOPENER
The City may reopen negotiations on the issue of health insurance benefits to address changes to or the elimination of the ACA and in order to avoid penalties or taxes under the ACA or other statutory scheme that may result from an interpretation of the ACA or other statutory scheme by the Internal Revenue Service or other federal agency (including, but not limited to, a revenue ruling, regulation or other guidance) or state agency, or a ruling by a court of competent jurisdiction. These negotiations will not result in a reduction in the amount the City provides for employee health coverage.

SECTION 6: RETIREE MEDICAL
Subject to the conditions stated below, effective upon a service or disability retirement from City service at or beyond age 55 with 10 consecutive years of City service at the time of retirement, retirees shall be eligible to 100% personally funded without any City contribution, participation in a group health insurance program(s) which is making group health insurance available to the City's retirees and eligible dependent.

It is agreed and acknowledged by the parties to this MOU that no representation is or can be made by the City, that such group retiree health insurance is available, or if available, will remain available for any specific future period of time.

If no such group health insurance is reasonably available, or if the private carrier(s) terminates such coverage as to the retiree group or any individual group member, the City shall have no obligation/duty to self-fund or otherwise provide insurance or replacement insurance. All premiums for the retiree and/or eligible dependents shall be borne by the retiree. The City shall advance and submit the necessary premiums to the carrier(s), subject to the retiree reimbursing the City not later than 30 calendar days after City payment of the premium. Failure to timely reimburse the City shall result in no further premium payments being made by the City, resulting in termination of insurance coverage.

5 The City's duty to advance said premiums shall terminate at age 65 of the retiree, regardless of whether or not the retiree is eligible for Medicare.

City shall advise the group carrier of the insured's status as a retiree or eligible dependent.

Coverage eligibility shall then be solely determined by the group insurance carrier(s).

It is likely that premium rates for retirees and/or dependents shall be greater than rates for employees. Regardless, retirees shall pay 100% of said rates.

If at any time, it is determined by any group health insurance carrier that the City is prohibited from seeking premium reimbursement from a retiree, City affiliation and retiree enrollment in said group insurance plan shall immediately terminate upon rendering of the insurance carrier's decision. In such case, no retiree shall seek reimbursement from the City for any prior premiums paid by the retiree to the City as and for premium reimbursement.

SECTION 7: DENTAL INSURANCE
The City shall provide a dental insurance plan for all full-time continuous salaried employees and their qualifying dependents.

SECTION 8: OPTICAL INSURANCE
The City shall provide an optical insurance plan for all full-time continuous salaried employees and their qualifying dependents.

SECTION 9: IRS SECTION 125 FLEXIBLE SPENDING ACCOUNT PLAN The City has established an IRS Section 125 Flexible Spending Account Plan managed by a third-party administrator that is open to voluntary participation by members of the bargaining unit. The City agrees to pick up all administrative fees associated with maintaining this program for bargaining unit members (including but not limited to debit card fees.)
SECTION 10: VOLUNTARY EMPLOYEE BENEFIT ASSOCIATION (VEBA) The City has established a Voluntary Employee Benefit Association (VEBA) through the California Government Voluntary Employee Benefit Association to assist employees with planning for future health care expenses.

Contributions to the Plan shall be made as City contributions through a salary reduction arrangement. All contributions made on behalf of employees through such salary reduction arrangement are made on a pre-tax basis in accordance with IRS provisions. No Employer contributions are to be made to the plan. At the discretion of the Executive Management Group, contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document.

6 SECTION 11: RETIREMENT BENEFIT
Unit members who do not meet the definition of "new member" under the California Public Employees' Pension Reform Act of 2013 (PEPRA) (those unit members shall be referred to as "classic members") are enrolled in either the CalPERS retirement plan commonly referred to as the 2.5% at age 55 retirement plan (“Tier 1"), or in the 2% at age 55 retirement plan ("Tier 2") and shall be provided the benefits as described below:

A. Tier 1 - Employees Hired Before July 4, 2011
§ 21354.4 2.5% at 55 Full Formula
§ 21574 4th Level 1959 Survivor
§ 20042 1 Yr. Final Compensation
Employees shall pay the full eight percent (8%) of their PERSable compensation towards the CalPERS member contribution.

B. Tier 2 - Employees Hired on or After July 4, 2011
§ 21354.4 2% at 55 Full Formula
§ 21574 4th Level 1959 Survivor
§ 20042 3 Yr. Final Compensation
Employees shall pay the full seven percent (7%) of their PERSable compensation towards the CalPERS member contribution.

C. It is understood that all contributions paid by the employee as described in Parts A through B above shall be calculated based upon the full base salary of the employee, plus any additional PERSable compensation, The parties agree that to the extent permitted by law, this is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1)(F) as Value of Employer-Paid Member Contributions. The parties also agree that the City has no additional obligation or costs should CalPERS, the State or the IRS determine otherwise. The City adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation. All employee payments of the employer share are done pursuant to Government Code Section 20516(f) There shall be no sunset date to any provision in Section 11.

D. PEPRA Employees hired on or after January 1, 2013* The California Public Employees' Pension Reform Act of 2013 (PEPRA) - As it may from time to time exist, the PEPRA shall in its entirety be given full force

7 and effect. Any provision in this MOU which contradicts any provision of the PEPRA shall be deemed null and void, with the contrary PEPRA provision(s) being given full force and effect. Therefore, no provision of PEPRA shall be deemed to impair any provision of this MOU or any MOU, Agreement, Rule or Regulation predating this MOU. PEPRA includes, but is not limited to, the provisions described below:
*Unit members hired on and after January 1, 2013, deemed to be a "new member" as defined in Government Code § 7522.04, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said "new member'' is enrolled, rounded to the nearest quarter of one percent (1%), or the current contribution rate of similarly situated employees, whichever is greater.

Unit members who are "new members" and miscellaneous employees on and after January 1, 2013, shall be enrolled in the two percent (2%) @ 62 retirement formula (Govt. Code§ 7522.20).

Unit members who are "new members" on and after January 1, 2013, shall have "final compensation" measured by the highest average annual pensionable compensation earned by the member during a period of at least 36 consecutive months (Section 7522.32.), and their retirement benefits shall be calculated based on "pensionable compensation" (Section 7522.10) rather than "compensation earnable" (Section 20636).

E. In addition, the City has adopted the PARS Retirement Enhancement Plan generally described as .5% (one-half percent) at 55 or at 60, depending upon the employee's hire date, for all miscellaneous employees hired on or prior to December 31, 2012. To be eligible, employees must be at least age 56, have ten (10) years of full-time continuous service and retire from the City. This benefit will be paid to qualified retirees in addition to any CalPERS benefits to which they are entitled.

8 SECTION 12: VACATION
All full-time employees shall, with continuous service, accrue working hours of vacation monthly according to the following schedule. In order to compete for talented Executive Staff, the City Manager may provide an accrual rate for new Executive Management Group covered employees up to the equivalent of a ten-year employee upon hire. This is important as many experienced candidates have significant time in the public sector and might have to begin at a much lower accrual rate than they receive at their current Agency.

Length of
Service
In Years
Hours
Accrued
Per Pay Period
Annual
Hours
Accrued
1-3 3.846 100
4 4.230 110
5 4.615 120
6-8 5.000 130
9 5.384 140
10 5.769 150
11-13 6.153 160
14 6.538 170
15-19 6.923 180
20+ 7.962 200
SECTION 13: VACATION BUYBACK
Annually, any employee that wants to have the City buy back vacation hours shall make an irrevocable election to do so. The irrevocable election shall be submitted in writing to the City’s Human Resources Department on or before December 15 and shall indicate the number of hours of vacation that the employee expects to earn in the following calendar year that the employee wants the City to buy back, with a minimum buy back of 20 hours up to a maximum of 200 hours. This buy back shall occur twice annually, in June/July (between the last payday in June and the first pay day in July) and December (between the first and second payday of the month), and the employee must indicate the total amount of hours they want paid out in June/July and in December. Regardless of the number of hours requested to be cashed out at either time, the most the City can cash out is the number of hours accrued and available in that calendar year to date. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buyback time.

SECTION 14: VACATION CAP
Effective December 2020, and every subsequent December, any employee with more than

9 1,040 hours of accrued vacation time will have their accrued vacation lowered to 1,040 hours and the cash equivalent of those hours above 1,040 will be deposited into their VEBA account in April of the following year.

Example: Joe has 1,140 hours of accrued vacation in December 2020; his accrued vacation is lowered to 1,040 hours and the cash equivalent of 100 hours of vacation time is transferred to his VEBA account in April 2021.

SECTION 15: HOLIDAYS
Employees receive the following 14 holidays. All full-time continuous salaried employees shall be compensated at their regular rate for these days:
(1) July 4 Independence Day
(2) First Monday of September Labor Day
(3) November 11 Veteran’s Day
(4) Fourth Thursday of November Thanksgiving Day
(5) Day following Thanksgiving
(6) December 24 Day preceding Christmas
(7) December 25 Christmas Day
(8) January 1 New Year’s Day
(9) Third Monday of January Martin Luther King’s Birthday (10) Third Monday of February President’s Day
(11) Last Monday of May Memorial Day
(12) Three discretionary days may be taken by an employee at his/her convenience subject to approval of the supervisor. Days may not be carried over from one fiscal year to the next.

Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday.

Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. When a holiday combination occurs (Thanksgiving, Christmas, etc.) where two (2) consecutive days are holidays and it would result in the City Hall being open to serve the public only two (2) days during the week, only one (1) of the holidays will be observed and the other holiday will become a floating holiday. For example, for Thanksgiving, Thursday will be observed as the regular holiday; however, Friday will become a floating holiday to be used at a later date. For Christmas, Wednesday will be observed as the regular holiday; however, Tuesday (the day preceding Christmas) will become a floating holiday to be used at a later date. In the instance of Thanksgiving, Christmas or New Years, employees will have until June 30 to use those floating holidays accrued between Thanksgiving and New Year’s. Also, those days will not accrue as floating holidays until the actual holiday has occurred. Each year the City will designate which days will be observed and which are floating holidays.

10 Employees who are eligible to bank a holiday have until June 30 (end of fiscal year) to use the banked holiday earned from July 1 through April 30. Any holiday banked in May and June; employees have until September 30 to use the banked holiday.

SECTION 16: HOLIDAY FACILITY CLOSURE
During the term of this MOU, there will be holiday facility closures, certain City facilities may close in conjunction with the Christmas and New Year's holidays. Closure dates for City facilities shall be determined by the City in order to balance the impact on public services. The City will strive to provide a schedule of Holiday Facility Closures at least six months or more in advance of the closure. During a holiday closure, affected represented employees may take paid leave from holiday, management leave, vacation accruals, or use unpaid leave. When holiday closures are implemented by the City, Section 15’s provision regarding consecutive holidays shall not apply.

SECTION 17: BEREAVEMENT LEAVE
When a death occurs in the family of a full-time employee, the employee shall be granted up to 80 hours of bereavement leave with pay. A death certificate or other acceptable evidence may be required by the City Manager or designee before leave is allowed.

Family members are defined as follows: employee's spouse or domestic partner, employee's parents, employee's grandparents, employee's children, employee's siblings, employee's grandchildren, employee's great-grandchildren, employee's great grand-parents, employee's spouse or domestic partner's parents, employee's spouse or domestic partner's grandparents, brother-in-law, sister-in-law, employee's spouse or domestic partner's children, employee's spouses grandchildren, employee's spouse or domestic partner's great-grandchildren, employee's spouse or domestic partner's great- grandparents, or a blood relative residing with employee. The City Manager or designee shall approve such bereavement leave. (References to domestic partner refer to registered domestic partners, as defined by California Family Code Section 297).

Employees are eligible for an additional 40 hours of bereavement leave in addition to the currently provided 80 hours when the bereavement leave is related to the employee’s spouse or domestic partner, employee’s parents, employee’s children, son-in-law, daughter-in-law, or employee’s siblings, employee’s spouse or domestic partner’s parents, employee’s spouse or domestic partner’s children, or a blood relative residing with the employee.

SECTION 18: PERSONAL LEAVE
Employees can use up to 40 hours of accrued sick leave, vacation, management leave or holiday time as personal leave. These 40 hours can be used incrementally (i.e., 1hour, 1/2 hour) throughout the fiscal year. Use of this time is for situations requiring the employee's attention and needs to be cleared with their supervisor when using this time.

11 SECTION 19: SICK LEAVE
All full-time employees shall, with continuous service, accrue 120 hours of sick leave annually. Sick leave accrual (10 hours/month) begins on the first day of employment.

A. Personal Sick Leave
Employees can use sick leave for personal illness, injury, a health-related reason (such as the diagnosis, care, or treatment of health condition), or preventive care.

B. Family Sick Leave
Employees can use sick leave for the illness or injury of a health-related reason (such as the diagnosis, care, or treatment of a health condition), or preventive care of a qualified family member.

For the purpose of Family Sick Leave, a qualified member means the employee’s: child (includes any age or dependency status, or for whom the employee is a legal ward or stands in loco parentis), parent (includes person who stood in loco parentis of the employee as a child), parent-in-law, spouse, registered domestic partner, grandparent, grandparent-in-law, great-grandparent, great-grandparent-in-law, grandchild, great- grandchild, or sibling.

C. Other Statutory Use
Sick Leave can be used to cover an absence for an employee who is victim of domestic violence sexual assault, or stalking to:
(a) Obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health, safety, or welfare of the employee or their child(ren). (b) Obtain medical attention or psychological counseling; service from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.

Should the City suspect that there is an abuse of sick leave by the employee, the City may require that the employee submit to Human Resources a physician's certificate to support the absence.

SECTION 20: SICK LEAVE BUYBACK AND EARLY RETIREMENT NOTIFICATION INCENTIVE Employees within the bargaining unit who terminate their city employment, the City will buyback 150 hours of sick time if they provide at least four weeks’ written notice of their intent to separate.

Employees who provide early notification of their intent to retire from the City, will receive additional accrued sick leave hours in accordance with the schedule below (this is not cumulative, depending on the notice provided employees get an additional 100, 75, 50 or 20 hours of sick leave buyback). Notification must be given in writing to Human

12 Resources in the form of an irrevocable letter of resignation with intent to retire.

Notification of at least twelve
months (365 calendar days*) 100 hours additional sick leave buyback ** Notification of at least six months
(180 calendar days*) 75 hours additional sick leave buyback Notification of at least four months
(120 calendar days*) 50 hours additional sick leave buyback Notification of at least two months
(60 calendar days*) 20 hours additional sick leave buyback *Employees must have leave available in order to be eligible for the additional buyback.

Use of vacation and management leave during the time between the notification and the employee’s retirement date will not be counted toward the required notification periods in the schedule above.

SECTION 21: NATAL AND ADOPTION LEAVE WITHOUT PAY
The City shall provide employees up to four (4) months natal and adoption leave for the birth or adoption of a child including the paid leave as outlined below; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act ("PDA"; California Government Code section 12945), if applicable. The City's PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond the four- month period will be responsible for the payment of medical, dental, and optical premiums to keep the coverage in force during the leave of absence.

SECTION 22: NATAL AND ADOPTION LEAVE WITH PAY
Employees within the bargaining unit are granted up to 120 hours of natal and adoption leave with pay for the birth or adoption of a child, however, use of the 120 paid hours does not extend any time charged under FMLA or CFRA. Any paid time required beyond this initial 120 hours must be charged to sick leave, vacation, compensatory or floating holiday time.

SECTION 23: WORKERS COMPENSATION LEAVE
Any employee covered herein who is receiving disability payments under the "Workers Compensation Act of California" for on-the-job injuries sustained while engaged in the performance of duties of any such City position, shall receive from the City during the first three (3) months of such disability absence, payments in an amount equal to the difference between the disability payments received under the Workers Compensation Act and the employee's full salary. Such payments by the City should be made without any deduction from accrued sick leave benefits. The City's obligation for such payments shall commence on the first day of such disability absence. In the event the employee's disability absence should exceed three (3) months, an employee shall be allowed to supplement the Workers Compensation benefit received under State law

13 with available accrued sick leave, accrued vacation leave, or accrued compensatory time. The total number of leave hours, along with the Workers Compensation benefit, shall not exceed the employee's base pay for each day of the leave. For this purpose, accrued leave hours can be used in one-hour increments.

SECTION 24: MILITARY LEAVE
Employees required to serve military leave will be compensated pursuant to the Military and Veterans Code. To qualify for compensation the military orders must be submitted to the supervisor prior to their tour of duty and must be attached to the timecard for that pay period.

SECTION 25: MILITARY SERVICE BUY BACK
Employees have the option for military service buy back at the employee's expense.

SECTION 26: TUITION REIMBURSEMENT FOR APPROVED COLLEGE/

UNIVERSITY COURSES
Reimbursements by the City of the following enumerated college and/or university course expenses shall not exceed $2,300 during any fiscal year.

Eligibility for said reimbursement in an amount not to exceed $2,300 in any one fiscal year shall be contingent upon a determination by the employee's department head or his designee that all of the following conditions precedent exists:

A. Expenses shall be incurred as regards coursework undertaken at a college or university that is licensed/accredited by the State of California, and Colleges and Universities accredited by any of the six (6) regional higher education accreditors in the United States. The applicant for reimbursement shall present to the Human Resources Department documentation prepared by the accredited/licensed college or university which evidences the applicant's receipt of a grade of "C" or "pass" in a pass/fail class. As regards each class for which reimbursement is sought (where an employee is simultaneously enrolled in multiple approved classes and does not receive a "C" or "pass" in any one or more of such classes, the amount of expenses subject to City's reimbursement shall be reduced and/or as appropriate, pro-rated to reflect no reimbursement being made for expenses related to classes where the minimal grade was not received).

B. Eligibility for reimbursement for said expenses shall be confined to either: 1) those courses that in and of themselves consist of curriculum which is predominately related to the development of skills reasonably anticipated by the City to enhance the applicant's job performance (by means of a non-inclusive example only, art classes would not qualify for reimbursement); or 2) where the employee has declared a major that is job-related as set forth in this Section C, to those classes which must be completed as a condition precedent to successful completion of the course of study in the selected major.

14 C. Eligibility for reimbursement upon completion of coursework shall be predicated upon the employee's department head or their designee, making a written determination prior to the affected employee's enrollment in the course(s) for which reimbursement is later sought, that the coursework is offered by an accredited college or university and that the above-described job nexus does exist. The determination of the City Manager or their designee in such regards shall be final.

D. The costs which shall be subject to reimbursement are limited to the following: 1) tuition; 2) books; 3) supplies; 4) parking; and 5) laboratory. In addition to all other conditions precedent to reimbursement set forth in this section, prior to reimbursement being approved, receipts shall be provided to the Human Resources Department and shall evidence each expenditure for which reimbursement is sought.

E. CERTIFICATIONS AND RECERTIFICATIONS: The City will pay for the cost of any required certifications or recertification required of employees to maintain their positions. Required certifications must be outlined in an employee's specification classification. Deputy City Managers with the approval of the City Manager can add to but not eliminate certifications and recertifications that Departments will cover the costs for employees to maintain. Any additions by a Deputy City Manager must be applied equally to all employees in that classification.

SECTION 27: RECOVERY OF PROFESSIONAL DEVELOPMENT COSTS
The City may pay the cost of training and certificate programs, up to $10,000, for individual employees that are not required to maintain their positions, with the goal of providing additional development opportunities for employees.

Employees can request that the City pay the cost of such training and certifications. The Department Director and/or Deputy City Manager, with the approval of the City Manager, may approve these requests, subject to budget availability. If an employee requests participation in a training or certificate program with a registration cost of $2,000 or more, the employee will be required to repay the cost of that training or certificate if they leave City employment within 4 years of the registration for that program. One-quarter of the amount owed is forgiven each year. The employee must sign an agreement indicating that any outstanding amount can be deducted from their final paycheck upon separation any outstanding amount is due at separation.

This benefit does not pertain to professional conferences related to an employee’s ongoing continuous learning, which are routinely budgeted within a department’s budget.

SECTION 28: ANNUAL PERFORMANCE REVIEW MODIFICATION
Annual performance reviews have been replaced with professional development plan and at least 2 ongoing coaching check-ins a year. Training as well as handouts will be provided to employees and supervisors to assist with the professional development plan and yearly coaching conversations. The City will review the form(s) and process with this

15 committee at least every three years to assure their usefulness for employees and supervisors.

New EMG employees are eligible to receive a merit increase during their first year with the City and promoted EMG employees are eligible to receive a merit increase during their first six-months in their new role. They would then be eligible for the development plan review increase as long as their first-year or six-month anniversary respectively was prior to the end of November (ex. A New employee hired in March through November would be eligible for the upcoming February increase. An employee hired in December to February would have to wait for the following February for another increase).

Each November, employees and their supervisors will work together to develop the Professional Development Plan which must be completed by the employee and supervisor by the end of the second full week in December of every year.

Plan timeline:
•No later than the first and second Week of November – Employee fills out their “My Action Plan.”
•Third and fourth week of November – Employees and Supervisors work together on the Plan, and Supervisors review the plans with their Managers or who their Department determine.
•Remainder of November through second week of December - Supervisors finalize the Plan taking into account any input which their supervisors provided and go over the Plan with the employee before submittal.

Upon submission of the completed Plan in December (as outlined in the timeline above), employees not at top step are eligible for a merit increase of 3%, but no greater than top step. The change will be reflected in the first full pay period the following February.

Employees at the top step of their salary range will be eligible to receive a stipend of $500, paid in conjunction with the check from the first full pay period in February. There is no retroactivity for Plans not timely submitted. Employees on a performance improvement plan as of December will not be eligible for a merit increase or stipend.

Article 29: SEVERANCE
All Executive employees are at-will employees who may be terminated with or without cause, and who have no appeal rights.

Executive employees with over one (1) year of continuous employment with the City from July 1, 2022, who are terminated, will be eligible to receive severance pay of 90 calendar days of their base salary if the terminated employee voluntarily executes a Compromise and Release Agreement, which includes a waiver of all claims against the City and/or challenges to their termination, within ten (10) calendar days of receiving notice of termination.

Executive employees with over five (5) years (60+ months) of continuous employment with the City from July 1, 2022, who are terminated, will be eligible to receive severance pay of 120 calendar days of their base salary if the terminated employee voluntarily executes a Compromise and Release Agreement, which includes a waiver of all claims against the City

16 and/or challenges to their termination, within ten (10) calendar days of receiving notice of termination.

Employees are not required to execute the Compromise and Release Agreement since it is an agreement, and its execution is totally voluntary on the part of the employee. However, it is a condition of receiving the severance pay. The severance pay is consideration for the Agreement.

Section 30: SENIOR DEPARTMENT HEAD ADDITIONAL DUTIES PAY Department Heads who work and provide guidance during the transition of a new Department Head within their Department are eligible to receive $2,600 a year ($100 per pay period) in Senior Department Head additional duties pay for taking on the added responsibilities of assisting the new Department Head while retaining the duties of their current position.

SECTION 31: 4/10 WORK WEEK
City Hall operates on a 4/10 work week, hours 7:00 a.m. to 6:00 p.m., Monday through Thursday. Remote facilities operate on a 40-hour work week of varying days and times.

SECTION 32: DIRECT DEPOSIT
All new bargaining unit members are required to enroll in direct deposit. Vacation buyback payouts can be by paper check.

SECTION 33: Bl-LINGUAL PAY
Employees who qualify for bi-lingual pay will be provided $50.00 per month.

SECTION 34: TEAM RC APPAREL
The City will provide all bargaining unit members a Team RC shirt at least once per fiscal year at a cost not to exceed $50.

SECTION 35: MANDATORY USE OF MULTI-FACTOR AUTHENTICATION TECHNOLOGY The City will require the use of multi-factor authentication technology by employees for access to all City systems including Workday. This would include the placement of such technology on all devices employees use to access City systems including personal cell phones.

17 SECTION 36: ADOPTION OF MOU
This memorandum between the City and the Executive Management Group was adopted on May 15, 2024.

For the City of Rancho Cucamonga: For the Executive Management Group:

Date Date
John R. Gillison Jennifer Hunt-Gracia
City Manager Executive Management Group Representative
Zack Neighbors
Executive Management Group Representative

DATE:May 15, 2024
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Robert Neiuber, Senior Human Resources Director Emily Nielsen, Senior Human Resources Business Partner
SUBJECT: Consideration to Approve a Resolution Adopting a Side Letter of Agreement Between the City of Rancho Cucamonga and the Rancho Cucamonga City Employees Association, the Rancho Cucamonga Management Association, the Teamsters Local 1932, and the Executive Management Employee Group. (RESOLUTION NO. 2024-032) (CITY) RECOMMENDATION:

Staff recommends the City Council approve the attached resolution adopting a side letter agreement between the City of Rancho Cucamonga and the Rancho Cucamonga City Employees Association, the Rancho Cucamonga Management Association, the Teamsters Local 1932, and the Executive Management Employee Group.

BACKGROUND:

The City is moving to a new enterprise system (Payroll, Budgeting, and Human Resources), Workday, in July 2024. This has resulted in the City wanting to move forward certain annual payouts so that they happen in the current system, One Solution, to minimize additional payroll payouts during the transition to Workday.

ANALYSIS:

For 2024, the City is recommending the following:

For Rancho Cucamonga City Employees Association (RCCEA) covered employees, the requested vacation buyback and comp time payoff for those over the comp time cap would occur on June 6 rather than between the last payday in June and the first payday in July.

For Rancho Cucamonga Management Association (RCMA) and Executive Management Group covered employees, the requested vacation buyback would occur on June 6 rather than between the last payday in June and the first payday in July.

For Teamsters Local 1932 covered employees, the requested vacation buyback and the HHW/Used Oil Program comp time payout would occur on June 6 rather than between the last payday in June and the first payday in July and last payday in June respectively.

In addition, in the RCCEA and Teamsters Local 1932 MOUs, we are recommending the elimination of the ninety (90) day waiting period for the use of sick leave so that we are consistent in our sick leave practices for all employees.

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FISCAL IMPACT:

None.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the Council’s Vision to build on our success as a world-class community, to create an equitable, sustainable, and vibrant City, rich in opportunity for all to thrive.

ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – RCCEA Side Letter Agreement
Attachment 3 – RCMA Side Letter Agreement
Attachment 4 – Teamsters Local 1932 Side Letter Agreement Attachment 5 – Executive Management Side Letter Agreement

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, APPROVING A SIDE

LETTER OF AGREEMENT BETWEEN THE CITY OF RANCHO

CUCAMONGA AND THE CITY OF RANCHO CUCAMONGA

BARGAINING UNITS
WHEREAS, representatives of the City of Rancho Cucamonga (City) and City of Rancho Cucamonga Bargaining Unit representatives have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code § 3500, et seq.) with regard to terms and conditions of employment; and
WHEREAS, representatives of the City and City Bargaining Unit representatives have agreed upon and presented to this City Council Side Letter Agreements (See attached Side Letter Agreements, Attachments 2- 5).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that said Side Letter Agreements with all City Bargaining Units are hereby approved and the City Manager is hereby authorized to sign said Side Letter Agreements on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto.

PASSED, APPROVED, AND ADOPTED this 15th day of May, 2024.

ATTACHMENT 1

SIDE LETTER OF AGREEMENT

BETWEEN THE CITY OF RANCHO CUCAMONGA

AND THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION
The City of Rancho Cucamonga ("City") and the Rancho Cucamonga City Employees Association (“RCCEA) (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that commenced on July 1, 2022, and expires on December 31, 2024.

The Parties met and conferred in good faith in April 2024. The Parties agreed that all RCCEA covered employees who made an irrevocable election to cash out vacation time in between the last payday in June 2024 and the first payday in July 2024, be paid out on June 6, 2024, at the amount that would have been available to them at the normal payout date if they have available vacation time. Any employee over the comp time accrual limit as of May 19, 2024, will have their comp time paid out down to the limit.

In addition, the Parties agreed to amend Section 23 of the current MOU, “Sick Leave” to have the language “….and can be taken after ninety (90) days of service” stricken from the MOU.

This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the City Council and approved by the Rancho Cucamonga City Employees Association.

For the City of Rancho Cucamonga For the Rancho Cucamonga City Employees Association
___________________________________ ________________________________________ John Gillison Crystal Zuniga, President
City Manager Rancho Cucamonga City Employees Association ATTACHMENT 2

SIDE LETTER OF AGREEMENT

BETWEEN THE CITY OF RANCHO CUCAMONGA

AND THE RANCHO CUCAMONGA MANAGEMENT ASSOCIATION
The City of Rancho Cucamonga ("City") and the Rancho Cucamonga Management Association (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that commenced on July 1, 2022, and expires on June 30, 2024.

The Parties met and conferred in good faith in April 2024. The Parties agreed that all Rancho Cucamonga Management Association covered employees who made an irrevocable election to cash out vacation time in between the last payday in June 2024 and the first payday in July 2024, be paid out on June 6, 2024.

This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the City Council and approved by the Rancho Cucamonga Management Association.

For the City of Rancho Cucamonga For the Rancho Cucamonga Management Association
___________________________________ ________________________________________ John Gillison Heather Bolton
City Manager Rancho Cucamonga Management Association
ATTACHMENT 3

SIDE LETTER OF AGREEMENT

BETWEEN THE CITY OF RANCHO CUCAMONGA
AND THE TEAMSTERS LOCAL 1932
The City of Rancho Cucamonga ("City") and the Teamsters Local 1932 (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that commenced on July 1, 2022, and expires on June 30, 2025.

The Parties met and conferred in good faith in April 2024. The Parties agreed that all Teamsters Local 1932 covered employees who made an irrevocable election to cash out vacation time in between the last payday in June 2024 and the first payday in July 2024, be paid out on June 6, 2024. All employees with HHW/Used Oil Program Comp Time accruals as of May 19, 2024, would be paid out on June 6, 2024.

In addition, the Parties agreed to amend Section 20 of the current MOU, “Sick Leave” to have the language “….and can be taken after ninety (90) days of service” stricken from the MOU.

This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the City Council and approved by the Teamsters Local 1932.

For the City of Rancho Cucamonga For the Teamsters Local 1932 ___________________________________ ________________________________________ John Gillison Paul Corona
City Manager Teamsters Local 1932
ATTACHMENT 4

SIDE LETTER OF AGREEMENT

BETWEEN THE CITY OF RANCHO CUCAMONGA

AND THE EXECUTIVE MANAGEMENT EMPLOYEE GROUP
The City of Rancho Cucamonga ("City") and the Executive Management Employee Group (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that commenced on July 1, 2022, and expires on June 30, 2024.

The Parties met and conferred in good faith in April 2024. The Parties agreed that all Executive Management Employee Group covered employees who made an irrevocable election to cash out vacation time in between the last payday in June 2024 and the first payday in July 2024, be paid out on June 6, 2024.

This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the City Council and approved by the Executive Management Employee Group.

For the City of Rancho Cucamonga For the Executive Management Employee Group ___________________________________ ________________________________________ John Gillison Jennifer Hunt-Gracia
City Manager Executive Management Group Representative
________________________________________
Zack Neighbors
Executive Management Group Representative
ATTACHMENT 5

DATE:May 15, 2024
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Robert Neiuber, Senior Human Resources Director Emily Nielsen, Senior Human Resources Business Partner
SUBJECT: Consideration to Approve a Resolution Adopting a Side Letter of Agreement Between the City of Rancho Cucamonga and the Rancho Cucamonga Firefighters Local 2274, the Fire Management Employees Group, and the Fire Support Services Association Employee Group. (RESOLUTION NO. FD 2024-004) (FIRE)
RECOMMENDATION:

Staff recommends that the Board of Directors of the Rancho Cucamonga Fire Protection District approve the attached resolution to adopt a side letter of agreement between the City of Rancho Cucamonga and the Rancho Cucamonga Firefighters Local 2274, the Fire Management Employees Group, and the Fire Support Services Association Employee Group.

BACKGROUND:

The City is moving to a new enterprise system (Payroll, Budgeting, and Human Resources), Workday, in July 2024. This has resulted in the City wanting to move forward certain annual payouts so that they happen in the current system, One Solution, to minimize additional payroll payouts during the transition to Workday.

ANALYSIS:

For 2024, the Fire District is recommending the following:

For Rancho Cucamonga Firefighters’ Association – IAFF Local 2274 covered employees, employees with vacation accrual over the maximum vacation accrual and any comp time would need to provide Finance on or before Monday, May 27, 2024, the number of hours to cash out as of their balance on Pay Period Ending May 24, 2024. This would be paid out on June 6, 2024.

Employees will need to estimate the number of hours of vacation and/or comp time to be used in June. Any comp time left after the end of June would be paid out in November.

For Fire Management Employees’ Bargaining Group (Fire Meg) covered employees, the requested vacation buyback and administrative leave payout would occur on June 6, rather than between the last payday in June and the first payday in July. In addition, employees with vacation accrual over the maximum vacation accrual and any comp time would need to provide Finance on or before Monday, May 27, 2024, the number of hours to cash out as of their balance on Pay Period Ending May 24, 2024. This would be paid out on June 6, 2024. Employees will need to estimate the number of hours of vacation and/or comp time to be used in June. Any comp time left after the end of June would be paid out in November. There is also additional language to deal with a holiday leave issue addressing holiday leave that cashes out any accrual the first year

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they are hired into a Fire MEG position.

For Fire Support Services Association covered employees, the requested vacation buyback and administrative leave payout would occur on June 6, rather than between the last payday in June and the first payday in July. In addition, employees with vacation accrual over the maximum vacation accrual would need to provide Finance on or before Monday, May 27, 2024, the number of hours to cash out as of their balance on Pay Period Ending May 24, 2024. This would be paid out on June 6, 2024. Employees need to estimate the number of hours of vacation time to be used in June. Any comp time left after the end of June would be paid out in December.

FISCAL IMPACT:

None.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item addresses the City’s Vision to build on our success as a world-class community, to create an equitable, sustainable, and vibrant City, rich in opportunity for all to thrive.

ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Fire Management Side Letter Agreement
Attachment 3 – Fire Union Side Letter Agreement
Attachment 4 – Fire Support Side Letter Agreement

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE FIRE BOARD OF THE RANCHO

CUCAMONGA FIRE PROTECTION DISTRICT, STATE OF

CALIFORNIA, APPROVING A SIDE LETTER OF AGREEMENT

BETWEEN THE RANCHO CUCAMONGA PROTECTION

DISTRICT AND FIRE DISTRICT BARGAINING UNITS
WHEREAS, representatives of the Rancho Cucamonga Fire Protection District (District) and Fire District’s Bargaining Unit representatives have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code § 3500, et seq.) with regard to terms and conditions of employment; and
WHEREAS, representatives of the District and the Fire District’s Bargaining Unit representatives have agreed upon and presented to this Fire Board Side Letter Agreements (See attached Side Letter Agreements, Attachments 2- 4).

NOW, THEREFORE, THE FIRE BOARD OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT HEREBY RESOLVES that said Side Letter Agreements with all Fire District’s Bargaining Units are hereby approved and the City Manager is hereby authorized to sign said Side Letter Agreements on behalf of the Rancho Cucamonga Fire Protection District, and the City Clerk to attest thereto.

PASSED, APPROVED, AND ADOPTED this 15th day of May, 2024.

ATTACHMENT 1

SIDE LETTER OF AGREEMENT

BETWEEN THE CITY OF RANCHO CUCAMONGA

AND THE FIRE MANAGEMENT EMPLOYEES GROUP
The Rancho Cucamonga Fire Protection District ("District") and the Fire Management Employees Group (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that commenced on July 20, 2023, and expires on June 30, 2026.

The Parties met and conferred in good faith in April 2024. The Parties agreed that all Fire Management Employees Group (Fire MEG) covered employees who made an irrevocable election to cash out vacation time in between the last payday in June 2024 and the first payday in July 2024, be paid out on June 6, 2024.

In addition, the Parties agreed to amend Article III Leaves on the Fire MEG MOU to reflect that for 2024, Section 3 C related to maximum vacation accrual will be reviewed on May 24, 2024, and paid out on June 6, 2024. Also, Section 8 related to compensatory pay out at the end of the fiscal year will occur on June 6, 2024. Finally, unused administrative leave, up to 40 hours per the MOU would be paid out on June 6, 2024. In all instances, employees can estimate the amount of vacation, comp time, and/or administrative leave they will use in June and that amount will not be cashed out. If any comp time remains at the end of the fiscal year, the Fire District would require it be cashed out in November with the next scheduled comp-time dispersal.

All employees new to the Fire MEG from January 2023 forward, will have all of their accrued and unused holiday time as of December 20, 2024, or December 20 th of the year they are hired into a Fire MEG covered position converted to a cash payment in the same form (physical check or direct deposit) that the employee normally receives for his or her paycheck. This cash payment will be made at the same time as the second paycheck in January of the following year. This one-time cash out is not PERSable.

This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the District Board and approved by the Fire Management Employees Group.

For the Fire Protection District For the Fire Management Employees Group ___________________________________ ________________________________________ John Gillison Chad Comeau, President
City Manager Fire Management Employees Group
ATTACHMENT 2

SIDE LETTER OF AGREEMENT

BETWEEN THE CITY OF RANCHO CUCAMONGA
AND THE FIRE UNION LOCAL 2274
The Rancho Cucamonga Fire Protection District ("District") and the Fire Union Local 2274 (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that commenced on July 19, 2023, and expires on June 30, 2026.

The Parties met and conferred in good faith in April 2024. The Parties agreed to amend Article III Leaves on the Fire Union MOU to reflect that for 2024, Section 2 C related to maximum vacation accrual will be reviewed on May 24, 2024, and paid out on June 6, 2024. In addition, Section 7 related to compensatory pay out at the end of the fiscal year will occur on June 6, 2024.

In both instances, employees can estimate the amount of vacation and/or comp time they will use in June and that amount will not be cashed out. If any comp time remains at the end of the 2023- 2024 fiscal year, the Fire District would require it be cashed out in November with the next scheduled comp-time dispersal.

This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the District Board and approved by the Fire Union Local 2274.

For the Fire Protection District For the Fire Union Local 2274 ___________________________________ ________________________________________ John Gillison Daniel Navarrette, President
City Manager Fire Union Local 2274
ATTACHMENT 3

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9 4

SIDE LETTER OF AGREEMENT

BETWEEN THE CITY OF RANCHO CUCAMONGA

AND THE FIRE SUPPORT SERVICES ASSOCIATION
The Rancho Cucamonga Fire Protection District ("District") and the Fire Support Services Association (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that commenced on July 1, 2021, and expires on June 30, 2025.

The Parties met and conferred in good faith in April 2024. The Parties agreed that all Fire Support Services Association (FSSA) covered employees who made an irrevocable election to cash out vacation time in between the last payday in June 2024 and the first payday in July 2024, be paid out on June 6, 2024.

In addition, the Parties agreed to amend Article III Leaves on the Fire FSSA MOU to reflect that for 2024, Section 3 D related to maximum vacation accrual will be reviewed on May 24, 2024, and paid out on June 6, 2024. Finally, unused administrative leave, up to 40 hours per the MOU would be paid out on June 6, 2024. In all instances, employees can estimate the amount of vacation and/or administrative leave they will use in June and that amount will not be cashed out.

This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the District Board and approved by the Fire Support Services Association.

For the Fire Protection District For the Fire Support Services Association ___________________________________ ________________________________________ John Gillison Shane Adams, President
City Manager Fire Support Services Association
ATTACHMENT 4

DATE: May 15, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Julie A. Sowles, Deputy City Manager of Civic and Cultural Services Linda A. Troyan, MMC, City Clerk Services Director
Patricia Bravo-Valdez, MMC, Deputy Director of City Clerk Services SUBJECT: Consideration to Adopt a Resolution Calling and Giving Notice of a General Municipal Election to be Held on November 5, 2024, and Requesting its Consolidation with the Presidential General Election and a Resolution Adopting Regulations Pertaining to Candidate Statements. (RESOLUTION NOS. 2024-028 AND 2024-029) (CITY)
RECOMMENDATION:

It is recommended the City Council adopt the following Resolutions pertaining to the November 5, 2024, election:

1. Resolution No. 2024-028, Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 5, 2024, for the Election of Certain Officers and Requesting the Board of Supervisors of the County of San Bernardino to Consolidate the General Municipal Election with the Presidential General Election to be held Pursuant to Elections Code Section 10403 relating to General Law Cities

2. Resolution No. 2024-029, Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements Submitted to the Voters for the November 5, 2024 Election.

BACKGROUND:

The City of Rancho Cucamonga is a General Law City and General Municipal Elections are governed by the State of California Government and Election Codes. The City’s General Municipal Elections are held on the same date as presidential general elections and consolidated with those presidential general elections upon request to the County Board of Supervisors.

The City contracts with the County of San Bernardino Registrar of Voters Office for election services and it is required that the City request consolidation of the Municipal Election with the Presidential General Election. The Resolution calling and giving notice of the November 5, 2024 election and requesting to consolidate the General Municipal Election with the Presidential General Election to be held on the same date is attached for consideration.

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ANALYSIS:

The City of Rancho Cucamonga is scheduled to conduct a General Municipal Election on November 5, 2024 for the purpose of electing one (1) Member of the City Council from District 1; one (1) Member of the City Council from District 4; one (1) City Clerk elected at large; and one (1) City Treasurer elected at large, each for the full term of four years. The Resolution calling and giving notice of the November 5, 2024, election, requesting consolidation and determining tie- votes by lot is attached for consideration.

Also attached is a Resolution establishing regulations for candidates for elective office pertaining to candidate statements submitted to the voters. Only candidates wishing to submit a candidate statement will be required to pay a deposit to cover the cost of printing the statement in the sample ballots.

The nomination period begins on Monday, July 15, 2024 and will close Friday, August 9, 2024, at 5:00 p.m. If an incumbent does not file, the period is extended to Wednesday, August 14, 2024 at 4:30 p.m. for candidates other than the incumbent to file for that office.

FISCAL IMPACT:

The City Clerk Services Department will ensure sufficient funds are available in the Fiscal Year 2024/2025 Budget.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s vision of providing an opportunity for all to thrive by building a world class community through the municipal election process.

ATTACHMENTS:

Attachment 1 – Resolution No. 2024-028 – Calling and Giving Notice of a November 5, 2024 General Municipal Election and Requesting Consolidation with the Presidential General Election
Attachment 2 – Resolution No. 2024-029 – Adopting Regulations Pertaining to Candidate Statements

Resolution No. 2024-028 - Page 1 of 3
RESOLUTION NO. 2024-028

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, CALLING AND GIVING

NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION ON TUESDAY, NOVEMBER 5, 2024, FOR THE

ELECTION OF CERTAIN OFFICERS AND REQUESTING THE

BOARD OF SUPERVISORS OF THE COUNTY OF SAN

BERNARDINO TO CONSOLIDATE THE GENERAL MUNICIPAL

ELECTION WITH THE PRESIDENTIAL GENERAL ELECTION

TO BE HELD PURSUANT TO ELECTIONS CODE SECTION
10403 RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 5, 2024, for the election of municipal officers; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Presidential General Election to be held on the same date and that within the city, the precincts, polling places, and election officers of the two elections be the same, and that the County Election Department of the County of San Bernardino canvass the returns of the General Municipal Election and that the election be held on all respects as if there were only one election; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Pursuant to the requirements of the laws of the State of California relating to General Law cities, there is called and ordered to be held in the City of Rancho Cucamonga, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing one (1) Member of the City Council from District 1; one (1) Member of the City Council from District 4; one (1) City Clerk elected at large; and one (1) City Treasurer elected at large, each for the full term of four years.

SECTION 2. The ballots to be used at the election shall be in the form and content as required by the law.

SECTION 3. The City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. The polls for the election shall be open at seven o’clock a.m. on the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the elections code.

SECTION 5. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

ATTACHMENT 1

Resolution No. 2024-028 - Page 2 of 3
SECTION 6. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Presidential General Election on Tuesday, November 5, 2024, for the purpose of electing one (1) Member of the City Council from District 1; one (1) Member of the City Council from District 4; one (1) City Clerk elected at large; and one (1) City Treasurer elected at large, each for the full term of four years.

SECTION 7. The County Registrar of Voters is authorized to canvass the returns of the Regular Municipal Election. The election shall be held in all steps necessary for the holding of the consolidated election.

SECTION 8. The Board of Supervisors is requested to issue instructions to the County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.

SECTION 9. The City of Rancho Cucamonga shall reimburse the County of San Bernardino for services performed when the work is completed and upon presentation to the City of a properly approved bill.

SECTION 10. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law. Notwithstanding the generality of the foregoing, the City Clerk is hereby instructed to act in conformance with California Elections Code Section 10403 and to file this Resolution with the Board of Supervisors of San Bernardino County and to transmit a copy of the same to the San Bernardino County elections official.

SECTION 11. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Election Official, the City Council, in accordance with Elections Code §15651 (a) shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.

SECTION 12. The City Clerk shall certify the adoption of this Resolution and enter it into the Book of original Resolutions.

Resolution No. 2024-028 - Page 3 of 3
PASSED, APPROVED, AND ADOPTED this 15th day of May 2024.

______________________________________
L. Dennis Michael, Mayor
ATTEST:
_________________________________
Janice C. Reynolds, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 15th day of May 2024.

AYES:

NOES:

ABSENT:

ABSTAINED:

Executed this 16th day of May, 2024, at Rancho Cucamonga, California. ______________________________________
Janice C. Reynolds, City Clerk

Resolution No. 2024-029 – Page 1 of 2
RESOLUTION NO. 2024-029

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ADOPTING

REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE

PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO
THE VOTERS FOR THE NOVEMBER 5, 2024 ELECTION
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any city may adopt a charge against candidates pertaining to materials prepared by any candidate for the municipal election, including costs of the candidates’ statement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. General Provisions. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Rancho Cucamonga on November 5, 2024, may prepare a candidate statement on an appropriate form provided by the City Clerk. Such statement may include the candidate’s name, age, and occupation and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate. Such statement shall not include the party affiliation of the candidate nor membership or activity in partisan political organizations. Such statement shall be filed in the Office of the City Clerk at the time the candidate’s nomination papers are filed. Such statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2: Additional Materials. No candidate will be permitted to include additional materials in the voter information guide.

SECTION 3.FOREIGN LANGUAGE POLICY. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of San Bernardino.

The County will mail separate sample ballots and candidate statements in the required languages to only those voters who are on the county voter file as having requested a sample ballot in a particular language. The County will make the sample ballots and candidates’ statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.

SECTION 4.Payment. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to the Elections Code, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance their pro-rata share as a condition of having their statement included in the voter’s pamphlet. The estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending upon the actual number of candidates filing statements. Accordingly, the Clerk is not bound by the estimate and may, on a pro-rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final cost. In the event of underpayment, the Clerk may require the candidate to pay the ATTACHMENT 2

Resolution No. 2024-029 – Page 2 of 2
balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid.

SECTION 5. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 6. All previous Resolutions establishing Council policy on payment for candidates' statements are repealed.

SECTION 7. This Resolution shall apply only to the election to be held on November 5, 2024, and shall then be repealed.

PASSED, APPROVED, AND ADOPTED this 15th day of May 2024. ______________________________________
L. Dennis Michael, Mayor

ATTEST:
_________________________________
Janice C. Reynolds, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 15th day of May 2024.

AYES:

NOES:

ABSENT:

ABSTAINED:

Executed this 16th day of May, 2024, at Rancho Cucamonga, California. ______________________________________
Janice C. Reynolds, City Clerk

DATE: May 15, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Matt Marquez, Director of Planning and Economic Development Jennifer Nakamura, CNU-A, Deputy Director of Planning
SUBJECT: Consideration of Second Reading and Adoption of the Following:

ORDINANCE NO. 1026

AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,

CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT
DRC2024-00047, AMENDING SECTIONS 17.18.040, 17.32.020,

17.46.030, 17.46.070, AND 17.100.080 OF TITLE 17 OF THE

MUNICIPAL CODE TO MAKE CLEAN-UP REVISIONS TO CERTAIN

DEVELOPMENT STANDARDS, AND MAKING A DETERMINATION
OF EXEMPTION UNDER CEQA UNDER SECTION 15061(B)(3) OF

THE CEQA GUIDELINES
RECOMMENDATION:

Staff recommends the City Council waive full reading and adopt Ordinance No. 1026.

BACKGROUND:

The introduction and first reading of the above-entitled Ordinances was conducted at the Regular Council meeting of May 1, 2024. Votes at first reading: AYES: Kennedy, Hutchison, Scott, Stickler, Michael.

ANALYSIS:

Please refer to the May 1, 2024 City Council staff report.

FISCAL IMPACT:

Please refer to the May 1, 2024 City Council staff report.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

Please refer to the May 1, 2024 City Council staff report.

ATTACHMENTS:

Attachment 1 – Ordinance No. 1026

1 ORDINANCE 1026

AN ORDINANCE OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, APPROVING MUNICIPAL
CODE AMENDMENT DRC2024-00047, AMENDING
SECTIONS 17.18.040, 17.32.020, 17.46.030, 17.46.070,
AND 17.100.080 OF TITLE 17 OF THE MUNICIPAL CODE

TO MAKE CLEAN- UP REVISIONS TO CERTAIN

DEVELOPMENT STA NDARDS, AND MAKING A

DETERMINATION OF EXEMPTION UNDER CEQA UNDER
SECTION 15061(B)(3) OF THE CEQA GUIDELINES
The City Council of the City of Rancho Cucamonga does ordain as follows:

SECTION 1. Recitals.

A. The City of Rancho Cucamonga (the “City”) is proposing clean-up revisions to certain existing development standards in order to better calibrate the Development Code to the vision of the General Plan.

B. The City has prepared Municipal Code Amendment DRC2024-00047, as described in the title of this Ordinance. Hereinafter in this Ordinance and the subject Municipal Code Amendment are referred to as the “Amendments”.

C. The City is a municipal corporation, duly organized under the constitution and laws of the State of California.

D. As shown in the Exhibits A through E of this Ordinance, the amendment proposes to amend Sections 17.18.040, 17.32.020, 17.46.030, 17.46.070, and

17.100.080 of Title 17 of the Municipal Code to make clean- up revisions to certain development standards.

E. O n February 28, 202 4, the Planning Commission of the City of Rancho Cucamonga conducted a noticed continued public hearing with respect to the Amendments and, following the conclusion thereof, adopted Resolution No. 24- 09 recommending that the City Council of the City of Rancho Cucamonga adopt the Amendments.

F. On May 1 , 202 4, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the amendment and concluded said hearing on that date.

G. All legal prerequisites to the adoption of this Ordinance have occurred.

SECTION 2. Ordinance.

The City Council of the City of Rancho Cucamonga does ordain as follows:

2 A. Recitals. The City Council hereby specifically finds that all of the facts s et forth in the Recitals, Section 1, of this Ordinance are true and correct.

B. F indings .
1) Based upon the substantial evidence presented to this Council during the above-referenced public hearing, this Council hereby finds and concludes that the changes proposed to Title 17 (Development Code) in the Amendments are consistent with the Development Code and the General Plan’s goals, policies and implementation programs. Pursuant to Section 17.22.040(C) of the Municipal Code, amendments to the Municipal Code “may be approved only when the City Council finds that the amendment[s] are consistent with the General Plan goals, policies, and implementation programs.” The proposed amendment is consistent with the following Land Use Element and Housing Element policies:
a) Land Use LC -1.2: Quality of Place . “ Ensure that new infill development is compatible with existing historic and envisioned future character of the neighborhood”
b) Housing H- 1.3: Accessory Dwelling Units . “ Facilitate the development of accessory dwelling units to provide additional housing opportunities pursuant to State law and established zoning regulations” c) Housing H -5.1: Development Review Processes . “ Consider new policies, codes and procedures that have the potential to reduce procedural delays, provide information early in the development process regarding development costs and charge only those fees necessary to adequately carry out needed public services and improvements”
2) The Amendments identified herein have been processed, including, but not limited to, public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act (“CEQA”).

C. CEQA. The proposed Amendments are exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed Amendments, making clean-up revisions to certain existing development standards, will have a significant effect on the environment.

The proposed Amendments constitute an administrative process of the City that will not result in direct or indirect physical changes in the environment. The City Council has reviewed the administrative record concerning the proposed Amendments and the proposed CEQA determination, and based on its own independent judgment, finds that the Amendments set forth in this Ordinance is not subject to, or exempt from, the requirements of the CEQA and the State CEQA Guidelines pursuant to CEQA Section 21080.17 and CEQA Guidelines Section 15061(b)(3).

D. The City Council hereby amends Subsection (D)(3) of Section 17.18.040 (“Certificate of Appropriateness”) of Chapter 17.18 (“Historic Preservation Commission

3 Decisions”) of Article II ( “Land Use and Development Procedures ”) of Title 17 (“Development Code”) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit A of this Ordinance, attached hereto and incorporated herein by this reference.

E. The City Council hereby amends Subsections (H)(10) and (H)(17) of Section 17.32.020 (“Allowed Use Descriptions”) of Chapter 17.32 (“Allowed Use Descriptions”) of Article III (“Zones, Allowed Uses, and Development Standards”) of Title 17 (“Development Code”) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit B of this Ordinance, attached hereto and incorporated herein by this reference.

F. The City Council hereby amends Subsection (I)(1) of Section 17.46.030 (“General Requirements”) of Chapter 17.46 (“Density Bonuses, Incentives, and Concessions”) of Article IV (“Site Development Standards ”) of Title 17 (“Development Code”) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit C of this Ordinance, attached hereto and incorporated herein by this reference.

G. The City Council hereby amends Subsection (A) (“Process for Approval”) of Section 17.46.070 (“Process for Approval of Denial”) of Chapter 17.46 (“Density Bonuses, Incentives, and Concessions ”) of Article IV (“Site Development Standards”) of Title 17 (“Development Code”) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit D of this Ordinance, attached hereto and incorporated herein by this reference.

H. The City Council hereby amends Section 17.100.080 (“Ownership, Rental, and Occupancy Requirements”) of Chapter 17.100 (“Acces sory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)”) of Article V (“Specific Use Requirements”) of Title 17 (“Development Code”) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit E of this Ordinance, attached hereto and incorporated herein by this reference.

I. Severability. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

J. E
nforcement. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.

K. P
ublication . The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law.

4 APPROVED AND ADOPTED THIS 15st DAY OF May, 2024.

CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA

BY:

L. Dennis Michael, Mayor

I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the 1
st day of May, 2024, by the following vote-to-wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ATTEST:

City Clerk of the City of Rancho Cucamonga

5 EXHIBIT A
Amendments to Subsection (D)(3) of Section 17.18.040 of Chapter 17.18 of Article II of Title 17 of the Rancho Cucamonga Municipal Code
Amended Subsection:

S ubsection (D)(3) of Section 17.18.040 Certificate of Appropriateness Subsection (D)(3). Planning Director Review:

3. Planning director review. Notwithstanding the previous paragraph, the planning director shall review, and deny, approve, or conditionally approve any application for a certificate of appropriateness for any of the following types of alterations:
a. Repair or replacement of deteriorated materials with applications or materials of the same kind, type, and texture already in use for roofs, windows, siding material, chimneys and fire- places, accessory structures, or fencing.
b. Addition or deletion of awnings, shutters, canopies, and similar incidental appurtenances.

6 EXHIBIT B
Amendments to Subsections (H)(10) and (H)(17) of Section 17.32.020 of Chapter

17.32 of Article III of Title 17 of the Rancho Cucamonga Municipal Code Amended Subsections:

Subsection (H)(10) of Section 17.32.020 Allowed Use Descriptions Subsection (H)(10). Microbrewery:

10. Microbrewery. A small -scale brewery operation dedicated to the production of specialty beers and producing less than 15,000 barrels (465,000 U.S. gallons) per year. Ancillary on-site tasting and/or retail sales of beers produced on- site for off- site consumption may be permitted when approved by a minor use permit.

Subsection (H)(17) of Section 17.32.020 Allowed Use Descriptions Subsection (H)(17). Wholesale, and Distribution, Light:

17. Wholesale, and distribution, light. Activities typically include, but are not limited to, wholesaling and distribution of finished goods and/or food products from the premises. Activities under this classification shall be conducted in enclosed buildings and occupy 50,000 square feet or less of building space. Includes incidental storage and warehousing. Retail sales from the premises may occur when approved by a minor use permit.

7 EXHIBIT C
Amendments to Subsection (I)(1) of Section 17.46.030 of Chapter 17.46 of Article IV of Title 17 of the Rancho Cucamonga Municipal Code
Amended Subsection:

Subsection (I)(1) of Section 17.46.030 General Requirements Subsection (I)(1). Agreement Required:

1. Prior to the issuance of building permits, the applicant shall enter into an agreement with the city to ensure the continued affordability of all target units.

8 EXHIBIT D
Amendments to Subsection (A) of Section 17.46.070 of Chapter 17.46 of Article IV of Title 17 of the Rancho Cucamonga Municipal Code
Amended Subsection:

S ubsection (A) of Section 17.46.070 Process for Approval or Denial Subsection (A). Process for Approval:

A. Process for approval. The density bonus and incentive(s) and concession(s) request shall be considered in conjunction with any necessary development entitlements for the project. The designated approving authority for density bonuses, incentives, and concessions shall be the planning commission. In approving the density bonus and any related incentives or concessions, the city and the applicant shall enter into a density bonus agreement.

9 EXHIBIT E
Amendments to Section 17.100.080 of Chapter 17.100 of Article V of Title 17 of the Rancho Cucamonga Municipal Code
Amended Section:

Section 17.100.080 Ownership, Rental, and Occupancy Requirements Section 17.100.080. Ownership, Rental, and Occupancy Requirements:

A. Owner occupancy required for junior accessory dwelling units. If the property contains a JADU, one of the residential dwellings on the lot shall be occupied as the primary residence of the owner of the lot and shall not be rented or leased as long as the JADU exists, unless state law is amended to prohibit owner occupancy requirements for JADUs.

B. Rental occupancy. Any residential unit on a lot with an accessory dwelling unit or JADU must be rented for a period exceeding 30 consecutive days.

C. Sale of accessory dwelling units. Sale or ownership of an accessory dwelling unit or JADU separate from the main dwelling unit is prohibited, except as required by law.

DATE: May 15, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jennifer Hunt Gracia, Community Services Director Nathan K. Hunt, Community Services Superintendent
SUBJECT: Consideration of Second Reading and Adoption of the Following:

ORDINANCE NO. 1027

AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING THE MUNICIPAL CODE’S COMMUNITY
SERVICES REGULATIONS, CHAPTER 12.04, INCLUDING

PROHIBITED CONDUCT AT CITY PARKS, RECREATIONAL TRAILS,

LIBRARIES AND OTHER RECREATIONAL FACILITIES, AMENDING
THE MUNICIPAL CODE’S SALES OF GOODS AND MERCHANDISE
FROM VEHICLES, CHAPTER 8.40, AND MAKING A FINDING OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)
RECOMMENDATION:

Staff recommends the City Council waive full reading and adopt Ordinance No. 1027.

BACKGROUND:

The introduction and first reading of the above-entitled Ordinance was conducted at the Regular Council Meeting of May 1, 2024. Votes at first reading: AYES: Kennedy, Hutchison, Scott, Stickler, Michael.

ANALYSIS:

Please refer to the May 1, 2024 City Council staff report.

FISCAL IMPACT:

Please refer to the May 1, 2024 City Council staff report.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

Please refer to the May 1, 2024 City Council staff report.

ATTACHMENTS:

Attachment 1 – Ordinance No. 1027

ATTACHMENT 1
ORDINANCE NO. 1027

AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE MUNICIPAL CODE’S COMMUNITY SERVICES REGULATIONS, CHAPTER 12.04, INCLUDING PROHIBITED CONDUCT AT CITY PARKS,

RECREATIONAL TRAILS, LIBRARIES AND OTHER RECREATIONAL FACILITIES, AMENDING THE MUNICIPAL CODE’S SALES OF GOODS AND MERCHANDISE FROM VEHICLES, CHAPTER 8.40, AND MAKING A FINDING OF EXEMPTION

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: Purpose and Intent
A. California Constitution, article XI, section 7, authorizes the City of Rancho Cucamonga to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with general laws;
B. In line with these laws, the community would also benefit from clarified and additional regulations relating to usage of and facilities at public parks to ensure the public’s understanding of these regulations and ensure efficient enforcement.

C. The City Council has determined it is in the best interests of the City and its citizens and the public in general that reasonable regulations for the uses and activities at public parks within the City be clarified or added to the City’s existing regulations for greater public understanding and ease of enforcement.

Section 2: Section 12.04.010 (“Community Services Regulations”) of Chapter 12.04 (“Community Services Regulations”) of Title 12 (“Streets, Sidewalks, and Public Places”) of the Rancho Cucamonga Municipal Code is hereby amended in its entirety to read as follows:
“Section 12.04.010 Community Services Regulations
Except as provided in this chapter, it is unlawful for any person within the limits of any park, recreational trail, library or other recreation facility owned or operated by the city to:

A. Lead or let loose any animal except:

1. Dogs or cats on a leash which are under the full control of a person;

2. Horses, ponies or the like which are ridden or led on bridle trails or other areas designated for such purpose.

B. Possess an open container of, or to consume beer, wine, or other alcoholic beverage, as defined in California Business and Professions Code section 23004, in any city-owned park or recreational facility, or in or upon any city-owned public place within the city.

1. The provisions of subsection B above, shall not apply to persons conducting or attending social events in or upon any city-owned park, recreational facility, or other city- owned public place where alcoholic beverages are being served, that are sponsored by the city, or that are conducted by established community service or similar non-profit

2 4
5 8
2 organizations, or other persons, organizations or entities that have rented a city-owned park, recreational facility or other city-owned public place, having prior written authorization of the city manager or designee, after taking into account the nature of the event and potential risk to the public health and safety. During events to which this exception applies, the lawful consumption and type of alcohol and/or possession of open containers of alcoholic beverages is strictly limited to the immediate area where such event is being conducted and only for the duration of the event. A true copy of any required license or permit issued by the State of California Department of Alcohol Beverage Control, and the city manager’s, or designee’s, written authorization, authorizing the provision of the alcoholic beverage being served, must be in the possession of an authorized representative of the organization sponsoring the event, and that representative shall be present at all time at the event. The representative shall present the license or permit and/or city manager’s, or designee’s, written authorization, to any peace officer upon demand.

C. Enter or remain between the hours of 10:00 p.m. of one day and 6:00 a.m. of the following day, except to attend an event in the stadium building located in the sports complex on the west side of Rochester Avenue, south of Foothill Boulevard, or pursuant to a written authorization issued by the city community services department or as part of a city-sanctioned activity.

D. Light or maintain any fire, except in a stove, fire circle or other place provided by the city for that purpose.

E. Throw, project or propel any object capable of causing serious personal injury or damage to property, except that baseball, basketball, football and other games where a ball is used may be played in areas designated for such purposes.

F. Use Vehicles in the following way(s):

1. Park or stand any vehicle other than in a designated parking area and in a single marked parking stall, except pursuant to a permit issued by the city.

2. Drive any vehicle other than on roads, trails or driveways provided for that purpose, except pursuant to a written authorization issued by the city.

3. Drive any vehicle at a speed in excess of five miles per hour.

G. Ride or use playground equipment posted for use by children under the age of 14 years, unless under the age of 14 years.

H. Litter, including the following:

1. Throw, discard, place or dispose of any garbage or refuse upon the ground or in any place other than a garbage can or other receptacle maintained for such purpose.

2. Bring garbage or refuse from outside the limits of the park or recreation facility and deposit the same in garbage cans or receptacles.

3. Fail to immediately remove and dispose of in a sanitary manner, by replacing in a closed or sealed container and depositing in a trash receptacle, any feces deposited by any animal owned by or in control of a person.

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2 I. Hold or engage in a musical concert or other musical event without a written authorization issued by the city, except for those events conducted within the stadium building located in the sports complex on the west side of Rochester Avenue, south of Foothill Boulevard.

J. Fly any powered model aircraft other than rubber band-powered models no longer than two feet in length or unmanned aviation system, except in areas designated and posted for such purposes or pursuant to a written authorization issued by the city.

K. Hunt, kill, wound, capture, or attempt to capture, any animal or disturb its habitat.

L. Play any radio, tape recorder or other electronic sound-producing device at such volume as to be audible at a distance of more than 50 feet.

M. Swim, dive, wade or in any way enter into any pond, lake, water feature, reflecting pool or any similar body of water.

N. Sell or offer for sale any merchandise, article or thing of any kind or nature, including professional services, except in accordance with a sidewalk vending permit issued in accordance with chapter 9.35, as specifically authorized in writing by the city manager or designee, or pursuant to an agreement approved by the city council.

O. Bring, set up, or use any large equipment without written authorization from the city. The term “large equipment” includes, but is not limited to, inflatable structures, dunk tanks, and carnival rides.

P. Provide fitness or athletic instruction for commercial purposes without prior written authorization of the city pursuant to section 12.04.040.

1. No written authorization will be issued for commercial fitness or athletic activity at locations deemed by the city to be incompatible with the public use of said location.

2. Those authorized to provide commercial fitness or athletic instruction must comply with all applicable Federal, State, and City laws, rules and regulations.

3. Providing fitness or athletic instruction for commercial purposes includes, but is not limited to, one-on-one instruction, group instruction, done for compensation or done as part of a non-profit, association, or other community group. Such conditions can be determined by observable conditions, including equipment usage and uniform usage, as well as advertisement for such fitness or athletic instruction.

4. This section shall not be construed to limit the City’s ability to conduct activities, including, but not limited to, fitness or athletic instruction, classes or camps, in City recreation facilities.

Q. Damage any city property, including the following;

1. Cut, deface, remove, or damage any tree, shrub, plant, wood, turf, rock, sand, gravel or earth except pursuant to a written authorization issued by the city

2. Intentionally cause or facilitate damage of any kind to any public property R. Use public facilities contrary to other city regulations, prohibitions, or other directives, including:

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2 1. Fail to comply with posted city policies that govern the use of specified areas. “Specified Areas” include, but are not limited to, Sports Fields, Covered/Uncovered Picnic Areas, Playgrounds, Skate Parks, Dog Parks, Tennis Courts, Basketball Courts, Pickleball Courts, etc.

2. Loiter at or around any restroom facility or other publicly accessible building.

3. Erect any barrier or lay, string, or join any wires, ropes, chains or place any obstruction on or across any path, trail, or other publicly accessible area, without prior written authorization from the city.”
Section 3: Subdivision B of Section 12.04.020 (“Exemptions”) of Chapter 12.04 (“Community Services Regulations”) of Title 12 (“Streets, Sidewalks, and Public Places”) of the Rancho Cucamonga Municipal Code is hereby amended to read as follows:
“The provisions of subsections C, F(1) and F(2), F(3), O, and P of section 12.04.010 shall not apply to city employees who are engaged in the performance of their duties.

Section 4: Subdivision D of Section 8.40.080 (“Restricted Locations”) of Chapter 8.40 (“Sales of Goods or Merchandise from Vehicles”) of Title 8 (“Health and Safety”) of the Rancho Cucamonga Municipal Code is hereby amended to read as follows:
“For purposes of vending within any park, this endorsement shall serve as the written authorization required pursuant to section 12.04.010 N. Any vendor denied an endorsement may appeal such denial pursuant to section 8.40.030.B.” Section 5: The City Council declares that should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason be held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivision, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 6: The City Council finds that the adoption of the proposed ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment because the ordinance adopts basic regulations for activities held in public parks and is not intended to permit any development. Further, the regulations are intended to protect plants, trees, and animals from human harm.

Section 7: The city clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as prescribed by law.

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2 PASSED, APPROVED, AND ADOPTED this ___ day of _____________ 2024.

L. Dennis Michael, Mayor
ATTEST:

Janice C. Reynolds, City Clerk
I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the _____ day of _______________, 2024, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the ______ day of ______________, 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

ATTEST:____________________________
Janice Reynolds, City Clerk

DATE: May 15, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Veronica Fincher, Animal Services Director SUBJECT: Consideration of Second Reading and Adoption of the Following:

ORDINANCE NO. 1028

AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING CHAPTER 6.04 OF THE RANCHO

CUCAMONGA MUNICIPAL CODE CONCERNING REGULATIONS

AND PROCEDURES RELATED TO POTENTIALLY DANGEROUS

AND VICIOUS ANIMALS AND MAKING A DETERMINATION OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)
RECOMMENDATION:

Staff recommends the City Council waive full reading and adopt Ordinance No. 1028.

BACKGROUND:

The introduction and first reading of the above-entitled Ordinance was conducted at the Regular Council meeting of May 1, 2024. Votes at the first reading: AYES: Kennedy, Hutchinson, Scott, Stickler, Michael.

ANALYSIS:

Please refer to the May 1, 2024 City Council Staff report.

FISCAL IMPACT:

Please refer to the May 1, 2024 City Council Staff report.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

Please refer to the May 1, 2024 City Council Staff report.

ATTACHMENTS:

Attachment 1 – Ordinance No. 1028

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0 ORDINANCE NO. 1028

AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING CHAPTER 6.04 OF THE RANCHO

CUCAMONGA MUNICIPAL CODE CONCERNING REGULATIONS AND

PROCEDURES RELATED TO POTENTIALLY DANGEROUS AND

VICIOUS ANIMALS AND MAKING A DETERMINATION OF EXEMPTION

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The City Council of the City of Rancho Cucamonga does ordain as follows:

SECTION 1.Recitals.

A. The City of Rancho Cucamonga (the “City”) is proposing amendments to regulations and procedures related to the declaration, conditions for release and control, and the disposition and destruction of potentially dangerous and vicious animals set forth in Chapter 6.04 (“Potentially Dangerous and Vicious Animals”) of Title 6 (“Animals”) of the Municipal Code (the “Amendments”).

B. The City is a municipal corporation, duly organized under the constitution and laws of the State of California.

C. As shown in the Exhibit A this Ordinance, the Amendments propose to amend Sections 6.04.010 through 6.04.090 of, and add a new Section 6.04.100 to, Chapter 6.04 of Title 17 of the Municipal Code.

D. On May __, 2024, the City Council of the City of Rancho Cucamonga considered the proposed Amendments.

E. All legal prerequisites to the adoption of this Ordinance have occurred.

SECTION 2.Ordinance.

The City Council of the City of Rancho Cucamonga does ordain as follows:

A. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Section 1, of this Ordinance are true and correct.

B. CEQA. The proposed Amendments are exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed Amendments, revising the regulations and procedures related to the declaration, conditions for release and control, and the disposition and destruction of potentially dangerous and vicious animals, will have a significant effect on the environment. The proposed Amendments constitute an administrative process of the City that will not result in direct or indirect physical changes in the environment. The City Council has reviewed the administrative record concerning the proposed Amendments and the proposed CEQA determination, and based on its own

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0 independent judgment, finds that the Amendments set forth in this Ordinance is not subject to, or exempt from, the requirements of the CEQA and the State CEQA Guidelines pursuant to CEQA Section 21080.17 and CEQA Guidelines Section 15061(b)(3).

C. The City Council hereby amends Chapter 6.04 (“Potentially Dangerous and Vicious Animals”) of Title 6 (“Animals”) of the Rancho Cucamonga Municipal Code to read as shown in Exhibit A of this Ordinance, attached hereto and incorporated herein by this reference.

D. Severability. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

E. Enforcement. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.

F. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law.

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0 PASSED, APPROVED, AND ADOPTED this ___ day of _____________ 2024.

L. Dennis Michael, Mayor
ATTEST:

Janice C. Reynolds, City Clerk
I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the _____ day of _______________, 2024, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the ______ day of ______________, 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

ATTEST:____________________________
Janice Reynolds, City Clerk

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0 EXHIBIT A
Amendments to Chapter 6.04 of Title 6 of the Rancho Cucamonga Municipal Code Amended Chapter:

Chapter 6.04 Potentially Dangerous and Vicious Animals “CHAPTER 6.04

POTENTIALLY DANGEROUS AND VICIOUS ANIMALS
§ 6.04.010 Purpose.
§ 6.04.020 Exceptions to chapter.
§ 6.04.030 Determination of potentially dangerous or vicious animal and notice process.
§ 6.04.040 Authority to seize animal posing immediate threat to public safety. § 6.04.050 Handling of potentially dangerous or vicious animals. § 6.04.060 Removal of designation as potentially dangerous or vicious. § 6.04.070 Conditions for destroying animal found vicious or potentially dangerous.
§ 6.04.080 Conditions for prohibiting ownership of vicious animals. § 6.04.090 Unlawful to own, harbor, or keep dog found by another jurisdiction to be potentially dangerous or vicious.
§ 6.04.100 Criminal penalties/civil remedies.
§ 6.04.010 Purpose.

The purpose of this chapter is to provide regulations and procedures related to the declaration, conditions for release and control, and the disposition and destruction of potentially dangerous and vicious animals.

A. Potentially dangerous animal defined. The term “potentially dangerous animal” means any of the following:

1. Any animal which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal are off the property of the owner or custodian of the animal;

2. Any animal which, when unprovoked, bites a person causing a less severe injury than as defined in subsection C of this section;

3. Any animal which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or custodian of the animal.

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0 B. Vicious animal defined. The term “vicious animal” means any of the following:

1. Any animal seized under Penal Code § 599aa and upon the sustaining of a conviction of the owner or custodian under Penal Code § 597.5(a);

2. Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being;

3. Any animal previously determined to be and currently listed as a potentially dangerous animal which, after its owner or custodian has been notified of this determination, continues the behavior described in subsection A of this section or is maintained in violation of section 6.04.050.

C. Severe injury defined. The term “severe injury” means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

D. Unprovoked defined. The term “unprovoked” means the person who has suffered the injury has not caused nor been a party to any act of teasing, tormenting, abusing or assaulting the animal, which act of teasing, tormenting, abusing or assaulting resulted in the animal inflicting injury on that person.
§ 6.04.020 Exceptions to chapter.

A. This chapter shall not apply to any dog utilized by any fire department, fire district, police department or any fire or law enforcement officer in the performance of public safety work.

B. This chapter shall not apply to any exemption as listed under Food and Agricultural Code § 31626, as may be amended.
§ 6.04.030 Determination of potentially dangerous or vicious animal and notice process.

A. Determination of potentially dangerous or vicious animal. If an animal services officer or contracted county sheriff’s deputy (RCPD), after conducting an investigation, has determined that probable cause exists to believe that an animal is potentially dangerous or vicious, he or she shall report the results of his or her investigation in writing to the senior animal services officer or designee who shall review said written report for the purpose of determining whether or not the animal in question shall be declared potentially dangerous or vicious.

B. Complaints. If the written report submitted by the animal services officer or contracted county sheriff’s deputy (RCPD) is based on a complaint or complaints received from a member of the public, the animal services officer or RCPD may require the complainant to put the complaint in writing and sign it under penalty of perjury, so that it may be offered as evidence at subsequent hearings.

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0 C. Notice of determination and administrative hearing.

1. If a determination is made by the senior animal services officer, RCPD, or designee that the animal is potentially dangerous or vicious, the owner or custodian (“responsible person”) shall comply with sections 6.04.050 and 6.04.070 in accordance with a time schedule established by the senior animal services officer, RCPD, or designee but in no case more than 14 days after the date of mailing of the notice of determination.

2. If the responsible person contests the determination, he or she may request an administrative hearing of the decision of the senior animal services officer or designee by completing and submitting a “request for an administrative hearing” form within ten business days of receipt of the determination.

3. Failure of the responsible person to request an administrative hearing within the ten-day period shall constitute a waiver of the right to a hearing and shall satisfy the hearing requirements provided herein.

4. Upon receipt of a request for review, an administrative hearing to review the case shall be held, in accordance with chapter 1.12. If the hearing officer determines that an animal is potentially dangerous or vicious, the hearing officer may establish a time schedule to ensure compliance with this chapter, but in no case more than 14 business days subsequent to the date of the mailing of the hearing officer’s findings and orders.

5. Within 20 days after service of the decision of the administrative hearing officer upon the responsible person, the responsible person may seek de novo review of the decision by filing a notice of appeal with the County Superior Court. The responsible person shall serve upon the office of the city clerk, either in person or by registered mail, a copy of the notice of appeal. If the responsible person fails to timely file a notice of appeal, the administrative hearing officer's decision shall be deemed confirmed.
a. The County Superior Court hearing the appeal may decide all issues for or against the responsible person even if the responsible person fails to appear at the appeal hearing.
b. The ruling of the County Superior Court on the appeal shall be final and conclusive upon all parties.

6. Costs for enforcement, hearing procedures, and care and housing of the animal shall be recoverable from the responsible person in accordance with Penal Code § 597.1, as may be amended.
§ 6.04.040 Authority to seize animal posing immediate threat to public safety.

If an animal services officer or a contracted county sheriff’s deputy (RCPD), has investigated and determined there exists probable cause to believe an animal poses an

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0 immediate and serious threat to the safety of the public, then the animal services officer or RCPD may seize and impound the animal pending the hearing to be held pursuant to section 6.04.030. If confinement is not contrary to public safety, the animal services officer may require the animal to be confined at the responsible person’s expense in a kennel or veterinary facility approved by the animal care and services department or at the home of the responsible person.
§ 6.04.050 Handling of potentially dangerous or vicious animals.

A. Animal to be kept under control at all times.

1. Control while on responsible person’s premises. A potentially dangerous or vicious animal, while on the responsible person’s property, shall at all times be kept indoors or in an enclosure which shall secure the yard so that the animal cannot escape and children cannot trespass. The enclosure shall be approved by the animal care and services department and meet the following criteria:
a. The enclosure shall be constructed to prevent the going in of the public or other animals and the entrance to the enclosure shall be locked at all times while the animal is contained within the enclosure;
b. The enclosure shall be well ventilated and shall be six-sided, consisting of four walls, a cover or roof and a permanent floor to prevent the animal from escaping by either climbing or digging under the wall. If the bottom is not secured to the sides, the sides must be embedded in the ground no less than two feet; c. The animal shall be housed pursuant to the provisions of Penal Code §597t (adequate enclosed area). The minimum dimensions of the enclosure shall measure five feet by ten feet and be of a height which does not restrict the animal’s natural movements and which allows the owner or custodian into the enclosure to maintain the animal;
d. The enclosure shall be surrounded by a perimeter fence which prevents the entry of the public onto the property of the owner or custodian but which shall not serve in any part as a primary enclosure for the animal.

2. Compliance inspections. As a condition of maintaining a potentially dangerous or vicious animal, its owner or custodian shall allow access to the animal care and services department to inspect the premises to ensure compliance with the provisions of this chapter between the hours of 9:00 a.m. and 9:00 p.m. daily. Prior notification of the inspection to the owner or custodian of the potentially dangerous or vicious animal shall not be required.

B. Control when off owner’s or custodian’s premises.

1. At all times, when a potentially dangerous or vicious animal is not on the premises of the responsible person, the animal shall be securely muzzled and restrained by

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0 a leash. The animal shall also be under the control of a person 18 years of age or older, who is physically capable of restraining the animal.

2. If a potentially dangerous or vicious dog escapes, the responsible person must immediately notify the animal services department. The dog may be seized by the animal services department pending an investigation and may be destroyed.

C. Warning notice. The responsible person of the animal shall display, in a prominent place upon the premises where the animal is kept or maintained, a sign easily readable by the public using the words “DANGEROUS ANIMAL” or “VICIOUS ANIMAL,” as ordered by the senior animal services officer, hearing officer, or any duly authorized person after a hearing or hearings pursuant to section 6.04.030, in letters at least two inches in height.

D. Liability Insurance. The responsible person of the animal may be required to maintain general liability insurance covering property damage and bodily injury caused by a potentially dangerous or vicious dog in the amount of one hundred thousand dollars.

If required to maintain insurance, the responsible person must show proof of insurance within 14 days after the decision or court order declaring the animal to be potentially dangerous or vicious is served on the responsible person.

E. Permanent identification of animal. The owner or custodian of the animal shall provide a permanent identification by means of an implanted microchip that shall be registered with the animal services department. A photograph of the animal shall be kept on record for identification, in addition to registration as a dangerous animal or vicious animal.

F. Notice of change of location or death of animal.

1. If an animal determined to be potentially dangerous or vicious dies, is sold, transferred or permanently removed from the city, the owner or custodian shall notify the senior animal services officer of the changed conditions and new location of the animal in writing within two working days of the changed status.

2. Animals determined to be potentially dangerous or vicious may be relocated to other premises within the city only upon written notification to the senior animal services officer a minimum of five business days in advance of the animal being physically transferred to new premises. Such physical transfer requires the inspection and approval by the senior animal services officer or designee of the new premises’ enclosure and perimeter fencing for compliance with this section.

G. Licensing and vaccination. All potentially dangerous and vicious dogs shall be licensed and vaccinated in accordance with chapter 6.02. The potentially dangerous or vicious dog designation shall be included in the license records of the dog. A potentially dangerous or vicious dog fee shall be charged in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog pursuant to the city schedule of fees.

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0 H. Designated potentially dangerous and vicious animal listing. All animals designated potentially dangerous or vicious shall be recorded on a listing maintained by the animal care and services department. Animals designated potentially dangerous or vicious shall remain on the listing until the animal dies, is permanently removed from the city, or is removed from designation pursuant to section 6.04.060. § 6.04.060 Removal of designation as potentially dangerous or vicious.

If there are no additional instances of the behavior described in section 6.04.030 within a 36-month period from the date of designation as a potentially dangerous or vicious dog, and the owner or custodian demonstrates changes that mitigate the risk to public safety, the dog may be removed from the list of potentially dangerous and vicious. § 6.04.070 Conditions for destroying animal found vicious or potentially dangerous.

A. An animal determined to be a vicious or potentially dangerous animal may be destroyed by the animal services department when it is found, after proceedings conducted under section 6.04.030, that the presence of the animal in the community would create a significant threat to the public health, safety and welfare. If it is determined that a vicious or potentially dangerous animal may be maintained in the community, the senior animal services officer, hearing officer, or other duly authorized person shall impose conditions upon the ownership of the animal, including, but not limited to, the conditions set forth in section 6.04.050 in order to protect the public health, safety and welfare.

B. An animal previously determined to be a vicious or potentially dangerous animal may be destroyed by the animal services department when it is found, after proceedings conducted under section 6.04.030, that the owner or custodian of the animal has failed to comply with the provisions of section 6.04.050.
§ 6.04.080 Conditions for prohibiting ownership of vicious animals.

The responsible person of an animal determined to be vicious or potentially dangerous may be prohibited by the senior animal services officer, hearing officer, or other duly authorized person from owning, possessing, controlling or having custody of any other animals having dangerous propensities for a period of up to three years, when it is found, after proceedings conducted under section 6.04.030, that ownership or possession of such an animal by that person would create a significant threat to the public health, safety, and welfare, as determined by the senior animal services officer, hearing officer, or other duly authorized person.
§ 6.04.090 Unlawful to own, harbor, or keep dog found by another jurisdiction to be potentially dangerous or vicious.

No dog which has previously been determined to be potentially dangerous or vicious after an administrative hearing or court order by another jurisdiction will be allowed to be kept, owned, or harbored in the city.

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0 § 6.04.100 Criminal penalties/civil remedies.

A. The criminal penalties for violation of this chapter shall be the same as provided in subsections a through d of section 6.02.010(B)(1).

B. Penalties. The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.”

DATE: May 15, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Alberto Felix, Traffic Engineer
SUBJECT: Public Hearing to Consider First Reading of Ordinance No. 1029 to be Read by Title Only and Waive Further Reading, Amending the Rancho Cucamonga Municipal Code (RCMU) Section 10.52.025 Paid Parking Zones Establishing East Avenue Paid Parking Zone. (ORDINANCE NO. 1029) (CITY)
RECOMMENDATION:

Staff recommends the City Council:

1. Conduct first reading of the attached ordinance, to be read by title only, to amend the Rancho Cucamonga Municipal Code (RCMC) Sections 10.52.025 Paid Parking Zones establishing the East Avenue Paid Parking Zone; and

2. Designate authority to the City Engineer to set rules and regulations for the East Avenue Paid Parking Zone as appropriate.

BACKGROUND:

The appropriate and efficient management of curb space for parking, loading, and other uses along our City streets has become increasingly important as the City matures and curb space becomes a high demand, limited supply resource. To that end, staff has been implementing methods to improve parking management in areas with high on-street parking demand. Two newly constructed multi-family residential residences, the Westbury Apartments and the Core on Foothill, were conditioned to provide on-street parking spaces along the East Avenue frontages of their development. As part of managing the utilization of the on-street parking at newly developed multi-residential units, staff is recommending the creation of paid parking zones. Paid parking zones have been created and proven to be effective in other areas of the City. Some areas with high demand for parking may push the demand for parking into nearby residential neighborhoods. The demand can be managed with the issuance of parking permits. The parking zones provide the ability to manage the curb spaces and adhere to the policies provided in the City’s General Plan. The paid parking discourages long-term or unnecessary parking, allowing more people to access the available parking spots along with encouraging the efficient use of on- site parking through private parking management programs.

ANALYSIS:

A total of twenty-seven (27) on-street parking spaces were installed by the multi-residential developments on the west side of East Avenue, north of Foothill Boulevard. The on-street parking

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is expected to be utilized by the retail/commercial units that are part of the residential complex.

The paid parking zone would allow for overnight permitted parking between the hours of 10:00 p.m. and 6:00 a.m. Permits would be available for a fee to residents and merchants located within the parcels on the west side of East Avenue between Foothill Boulevard and Marshall Court and on the north side of Foothill Boulevard west of East Avenue. The establishment of the East Avenue Paid Parking Zone would allow the city flexibility to manage the on-street spaces to ensure the most effective use of the parking spaces. The proposed Paid Parking Zone is anticipated to accommodate the need for additional parking spaces between the hours of 10:00 p.m. and 6:00 a.m., while still allowing the businesses to utilize the spaces for their guests during the daytime hours.

Permits will be valid for a year based on fiscal calendar year, July 1st through June 30th. Notice will be provided thirty (30) days in advance of the first day that the permits for this zone are made available for purchase to all residents/merchants within the Zone.

FISCAL IMPACT:

There will be twenty-seven (27) permit parking spaces on the west side of East Avenue, north of Foothill Boulevard. The annual permit fee was established based on an analysis that took into consideration the costs related to parking enforcement needs, overall construction and maintenance of parking spaces, administrative costs to issue permits. The cost recovery fee for each space was calculated to be $367. To maintain consistency with similar paid parking zones at other multi-residential developments, staff is proposing to impose an annual permit fee of $290 per space to be paid by those who desire to utilize the permit parking spaces.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

Creation of the proposed permit parking district addresses the City Council’s vision for the City by establishing programs that maintain the high quality of life in local neighborhoods that promote a work class community.

ATTACHMENTS:

Attachment 1 – Ordinance No. 1029

Ordinance No. XXXX – Page 1 of 3
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ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING SECTION 10.52.025 OF THE

RANCHO CUCAMONGA MUNICIPAL CODE TO ADD THE EAST

AVENUE PAID PARKING ZONE AND MAKING A FINDING OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
The City Council of the City of Rancho Cucamonga does ordain as follows:

SECTION 1. Section 10.52.025 (“Paid Parking Zones”) of Chapter 10.52 (“Stopping, Standing or Parking Restrictions”) of Title 10 (“Vehicles and Traffic”) of the Rancho Cucamonga Municipal Code is hereby amended to read as follows:
“10.52.025 Paid parking zones.

A. Paid parking zones are those streets and portions of streets in the city where persons parking vehicles shall be required to pay a specified rate during regulated hours. Upon designation of these zones, proper signs shall be erected giving notice thereof. Parking restrictions in a paid parking zone shall not go into effect until such signage is posted. Parking spaces in the zone may be designated with white lines painted on the street.

B. No person shall park in any paid parking zone without paying the required parking rate.

C. If the parking spaces in any paid parking zone have been delineated, no person shall park a single vehicle in more than one such parking space.

D. The Cucamonga Canyon Paid Parking Zone is located on both sides of Almond Street between Sapphire Street and a point located 150 feet west of Henry Street. The hours of enforcement are from 7:00 a.m. to 6:00 p.m. The parking rate schedule shall be as follows:

For these purposes, a resident is any person who resides in the city and who can provide valid proof of residency.

Off-peak schedule (October 1 through April 30)
Nonresidents Residents
Monday through Thursday $15.00/day $0.00/day
Friday through Sunday $20.00/day $0.00/day
Peak schedule (May 1 through September 30)
Nonresidents Residents
Monday through Thursday $20.00/day $0.00/day
Friday through Sunday $25.00/day $0.00/day

Ordinance No. XXXX – Page 2 of 3
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E. The Hermosa Foothill Paid Parking Zone is located on the east side of Hermosa Avenue between Foothill Boulevard and Norwick Street. The hours of enforcement are from 10:00 p.m. to 6:00 a.m. Parking permits authorizing parking during the hours of enforcement are available to residents and merchants located between Cambridge Avenue to the west, Norwick to the north, Center Avenue to the east, and Devon Street to the south. The parking permit fee rate shall be as follows:

F. The East Avenue Paid Parking Zone is located on the west side of East Avenue between Foothill Boulevard and Marshall Court, and the north side of Foothill Boulevard, west of East Avenue. The hours of enforcement are from 10:00 p.m. to 6:00 a.m. Parking permits authorizing parking during the hours of enforcement are available to residents and merchants located between East Avenue on the east, Foothill Boulevard on the south, a line parallel with and 750 feet west of East Avenue on the west, and the westerly prolongation of Marshal Court on the. The parking permit fee rate shall be as follows:

G. The city manager or designee may adopt any measures he or she deems necessary or convenient to enforce any paid parking zone.

SECTION 2. The City Manager may annually update the East Avenue Paid Parking Zone parking permit fee based on annual percentage change in the all-urban Consumer Price Index for Riverside-San Bernardino-Ontario, CA (CPI). Any other changes to the fee may be accomplished by resolution of the City Council.

SECTION 3. The City Council herby directs City staff to provide notice of the East Avenue Paid Parking Zone to the property managers of the residential complexes along the west side of East Avenue between Foothill Boulevard and Marshall Court.

SECTION 4. The City Council hereby finds that adoption of this Ordinance does not constitute a “project” within the meaning of CEQA Guidelines Section 15060(c)(2) because there is no potential that the regulations of vehicle parking imposed under this Ordinance will result in a direct or reasonably foreseeable indirect physical change in the environment. Even if the Ordinance comprises a project under CEQA, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on Parking Permit Fee Per Parking Space
Monday through Sunday $290.00/year
Parking Permit Fee Per Parking Space
Monday through Sunday $290.00/year

Ordinance No. XXXX – Page 3 of 3
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the environment.” This is because the Ordinance does not itself result in any development or increase or decrease in the number of parking spaces within the City.

SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court or any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council hereby declares that it would passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

PASSED, APPROVED, AND ADOPTED this 1st day of May, 2024 _____________________________________
L. Dennis Michael, Mayor
ATTEST:__
____________________________
Janice C. Reynolds, Clerk
I, JANICE C. REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the17th day of April, 2024, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 1 st day of May, 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

DATE: May 15, 2024
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Marissa Ostos, Management Analyst II
SUBJECT: Public Hearing to Consider a Resolution for Placement of Special Assessments and Liens for Delinquent Solid Waste Accounts. (RESOLUTION NO. 2024-031) (CITY)
RECOMMENDATION:

Staff recommends the City Council adopt a resolution approving the report of Burrtec Waste Industries, Inc. (Burrtec) delinquent solid waste accounts, and authorizing the placement of special assessments and liens against the respective parcels of land to be collected for the City of Rancho Cucamonga at the same time and manner as ordinary County ad valorem property taxes.

BACKGROUND:

Section 8.17.170 of the Rancho Cucamonga Municipal Code establishes the requirements for mandatory payment for residential, commercial, and industrial solid waste collection service. As a result, the municipal code requires all occupied properties within the City to have weekly solid waste collection service, provided by the existing franchise waste hauler, or comply with the requirements of the self-haul permit program administered by City staff. This section of the code allows fees that are delinquent for more than 60 days to become special assessments against the respective parcels of land, resulting in liens on the property for the amount of the delinquent fee, plus administrative charges.

Annually, Burrtec provides a list of accounts that are delinquent for more than 60 days. City staff reviews the list and property owner addresses to correct any discrepancies that might prevent a property owner from receiving the Public Hearing Notice. The address that is used for the notification is the address on file with the County Tax Assessor at the time of the review period.

The Public Hearing Notice is then mailed to the property owner by certified mail no less than 10 days prior to the Public Hearing date.

ANALYSIS:

The City received a list of delinquent solid waste accounts from Burrtec on March 4, 2024. The list included delinquent accounts that accrued between January 1, 2023 through December 31, 2023, that are past due by more than 60 days. An updated list was provided by Burrtec on March 28, 2024, amended to remove properties with accounts that had been paid and cleared of delinquent charges and has been adjusted by staff to account for property ownership changes.

A Notice of Public Hearing was mailed on April 12, 2024, to 1,204 property owners with delinquent

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solid waste accounts. In addition, a Notice of Public Hearing was placed in the Inland Valley Daily Bulletin newspaper on April 16, 2024.

The current list of delinquent accounts is included in the attached Resolution as Exhibit ‘A’ and includes 1,204 delinquent accounts, for a total of $458,781.67. Property owners that are currently on the delinquency list have until July 12, 2024, to submit payment to Burrtec. The final list of delinquent accounts (excluding those that paid by July 12, 2024) will then be submitted to the County Tax Collector for the 2024-2025 tax roll. As of April 25, 2024, City staff responded to 24 inquiries from property owners, and the City Clerk has received zero written protests.

FISCAL IMPACT:

The City will receive revenue in the form of franchise fees along with associated administrative fees when the delinquent accounts are paid through the County of San Bernardino property tax collection process.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item is in line with Council Core Values, in ensuring all residential, commercial, and industrial property owners are receiving mandatory trash service to ensure a healthy and safe community for all.

ATTACHMENTS:

Attachment 1 - Resolution
Attachment 2 - Exhibit A - Delinquent Solid Waste Accounts

Resolution No. 2024-XXX - Page 1 of 2 ATTACHMENT 1
RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, CONFIRMING THE REPORT OF
DELINQUENT CHARGES FROM BURRTEC WASTE INDUSTRIES, INC.

FOR SOLID WASTE COLLECTION, WHICH SHALL CONSTITUTE

SPECIAL ASSESSMENTS AND LIENS AGAINST THE RESPECTIVE

PARCELS OF LAND AND SHALL BE COLLECTED FOR THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA AT THE SAME TIME AND IN THE

SAME MANNER AS ORDINARY COUNTY AD VALOREM PROPERTY
TAXES
WHEREAS, pursuant to Section 8.17.170 of the City of Rancho Cucamonga Municipal Code every person who occupies any developed real property within the City of Rancho Cucamonga whether at a residential, commercial, or industrial location, or otherwise shall make or cause to be made with the City of Rancho Cucamonga authorized agent, appropriate arrangements for regular solid waste collection services and it is unlawful for any such person to fail, refuse or neglect to do so; and WHEREAS, pursuant to Section 8.17.170 the solid waste collection fee shall be a civil debt owing or due to the City of Rancho Cucamonga or its authorized agent or contractor from the occupant or property owner required to have service under this Chapter. An invoice for solid waste collection service unpaid for sixty (60) days is considered delinquent; and
WHEREAS, pursuant to Section 8.17.170 any fees authorized pursuant to this Chapter which remain unpaid after the delinquent date as set forth in this Chapter may be collected by the City of Rancho Cucamonga as provided in this Section; and
WHEREAS, the City Council has caused to be prepared a report of delinquent charges; and WHEREAS, a copy of said report is attached hereto, marked Exhibit “A” and made a part of this Resolution; and
WHEREAS, the City Council scheduled 7:00 p.m. on May 15, 2024, at the City of Rancho Cucamonga City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, California as the time and place for hearing the report and any objections or protests thereto; and WHEREAS, the City Council caused notice of the hearing to be mailed certified to the property owners listed on the report, at their addresses as shown on the last equalized assessment roll, not less than ten (10) days prior to the date of the hearing; and WHEREAS, at the hearing, the City Council heard all objections or protests of property owners, or their representatives, liable to be assessed for delinquent charges; and WHEREAS, the City Council has made such revisions and corrections to the report as it deems just.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA HEREBY RESOLVES AS FOLLOWS:

Resolution No. 2024-XXX - Page 2 of 2
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Section 1. That the delinquent charges for solid waste collection set forth in the report attached hereto as Exhibit “A” are hereby confirmed.

Section 2. That pursuant to California Government Code Sections 38790.1 and 25831, the delinquent charges set forth in the confirmed report shall constitute special assessments against the respective parcels of land and is a lien on the property for the delinquent charges.

Section 3. That the City Clerk is instructed to file a certified copy of this Resolution, including the confirmed report, with the San Bernardino County Auditor/Controller for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment (tax) roll.

Section 4. That the City Clerk is instructed to record a certified copy of this Resolution, including the confirmed report, in the office of the County Recorder of San Bernardino County.

Section 5. Collection Procedure. That the assessments shall be collected for the City of Rancho Cucamonga, California, at the same time and in the same manner as ordinary county ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for those taxes. All laws applicable to the levy, collection and enforcement of county ad valorem property taxes shall be applicable to such assessment, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquent charges, as confirmed, relating to such property shall be transferred to the unsecured roll for collection.

PASSED, APPROVED, AND ADOPTED this 15 day of May, 2024.

EXHIBIT A

CITY OF RANCHO CUCAMONGA
BURRTEC WASTE INDUSTRIES, INC.

DELINQUENT SOLID WASTE ACCOUNTS

PARCEL NUMBER PROPERTY OWNER NAME SERVICE ADDRESS TOTAL 0200441410000 NAVAZI, FRANCISCO J 8135 INSPIRATION DR 304.08$ 0200441470000 KENNY, JAMES J 5036 CRESTVIEW PL 332.36$ 0200441630000 SALEM, BETTY REVOCABLE TRUST 8174 INSPIRATION DR 480.56$ 0201072130000 BOISSIERE, DENO J 6421 SONTERRA CT 382.44$ 0201084330000 MC KINNEY, MARIE G 6315 TERRACINA AVE 202.14$ 0201092040000 ZHENG, WEIBO 6260 TERRACINA AVE 262.14$ 0201102230000 HUANG, HAO 9878 VIA ESPERANZA 498.48$
0201102850000 MARTINEZ, ANNA L 9781 VIA ESPERANZA 263.28$ 0201122130000 LU, DAVID 10879 MIRADOR DR 202.14$
0201301050000 PURDY, KEVIN M 6246 MAYBERRY AVE 324.42$ 0201321230000 NICOLETTE, MARK 6215 CARTILLA AVE 498.48$ 0201321260000 JONES, KEVIN C 6214 CARTILLA AVE 191.00$ 0201341140000 GUIRGUIS, ASAPH 6629 EASTWOOD AVE 263.28$ 0201341190000 S&M PROPERTIES LLC, 9160 GARDEN ST 202.14$ 0201341300000 IVERY, LAMONT 9161 GARDEN ST 449.25$
0201341390000 XIAO, YIHUI 9131 HEATHER ST 252.44$
0201341540000 MICRO CT AZ ML DIVISION LLC, 6690 HELLMAN AVE 289.40$ 0201341630000 JU, CHANGYU 9249 GARDEN ST 297.24$
0201362020000 NNAM, MELVINA C 6210 FILKINS AVE 697.44$ 0201394240000 LYNN, SHEREE J 6420 ALEATICO PL 181.92$ 0201394250000 MC CRACKEN, RYAN 6404 ALEATICO PL 224.42$ 0201394640000 ALMENDAREZ, CRYSTAL 9792 BALATON ST 324.42$ 0201413020000 SLAUGHTER-COLLI, JACQUELINE 8250 GARDEN CT 498.48$ 0201474170000 ESTRELLA, JOSE 6694 ALTA WOODS WAY 222.54$ 0201474550000 GUILLORY, GARY RICHARD 6613 SUGARPINE PL 188.58$ 0201553200000 LAU, CHUNG M 10442 LAVENDER CT 324.42$
0201553240000 PRATT, HARRIS V 10479 LAVENDER CT 263.44$ 0201563210000 KING, KENYON M LIVING TRUST 12-10-0 10308 SOUTHRIDGE DR 266.00$ 0201563370000 SHARIF, JESSIE 10295 SOUTHRIDGE DR 202.14$ 0201573550000 Z
ALDIVAR, JORGE 10162 THORPE CT 330.04$
0201583460000 EDMON, RICH 10287 CORALWOOD CT 597.96$
0201584030000 SPENCER, KEITH & CHRIS REV TR 7/8/09 10233 SADDLEHILL TER 225.34$ 0201584500000 CAI, JUN CHAO 10150 SADDLEHILL TER 362.79$ 0201584510000 PAN, AUDREY LING LEE 10140 SAD
DLEHILL TER 263.28$
0201594120000 TAYLOR, JOHN 6124 CALLAWAY PL 604.67$
0201594550000 WANG, JIE 6104 MUSCAT PL 381.50$
0201632060000 NEMOU, FATEH 6368 BARSAC PL 202.14$
0201632260000 ZHANG, BOWEN 10769 CHAMPAGNE RD 416.96$ 0201632270000 MOZAFARI, RAMIN 10775 CHAMPAGNE RD 254.42$ 0201632450000 WANG, HAOCHUAN 10739 ZINFANDEL ST 498.48$ 0201632830000 GASSNER, TERRY 6349 WINE CT 380.52$
0201663390000 CHILDS, JEFFERY B 11013 STONE RIVER DR 218.00$ 0201691690000 SAENZ, DEREK X 9920 LEMON AVE 324.42$
0201701210000 BREIK, SAMEER 9920 BANYAN ST 256.15$
0201731140000 NUNEZ, JESSICA 6326 HALSTED AVE 382.44$ 0201731210000 CARRILLO, STEVEN C 6345 KINLOCK AVE 597.96$ 0201741130000 JOHNS, STEVEN MICHAEL 10356 BRISTOL DR 498.48$ 0201741230000 WATLING, JEFFREY C 6383 REVERE AVE 263.28$

EXHIBIT A

CITY OF RANCHO CUCAMONGA
BURRTEC WASTE INDUSTRIES, INC.

DELINQUENT SOLID WASTE ACCOUNTS
0201761320000 RILEY, PHILLIPA A 6171 KINLOCK AVE 697.44$ 0201761680000 LI, PEI 10290 BANYAN ST 375.36$
0201771060000 LUO, PING 6235 VALINDA AVE 202.14$
0201771240000 TAYLOR, KENNETH R 10533 KINGSTON ST 206.48$ 0201782040000 LEWIS, RITCHIE & RETA LIV TR 09/08/2 11154 ANTIETAM DR 202.14$ 0201801210000 FLORES, HENRY 6638 CITRINE ST 498.48$
0201811190000 PIETRASZ, RICHARD M 6635 TOPAZ ST 263.88$ 0201811280000 GOLDEN OPPORTUNITY NO 28 LP, 8600 HAWTHORNE ST 382.44$ 0201811500000 SIGALA, CARLOS 6659 JASPER ST 202.14$
0201901320000 DIXON, GORDON L III 10087 BRISTOL DR 498.48$ 0201912030000 PLATINUM MASTER TRUST, 11179 SUMMERSIDE DR 202.14$ 0201932360000 SHEN, XIAOYIN 6221 MORNING PL 498.48$
0201932580000 QI, YAOYAO 6240 MOONSHADOW PL 597.96$
0201971120000 TODD, BRENT M 5885 ZAPATA PL 324.42$
0201971170000 PARSONS, ALAN J 5864 ZAPATA PL 263.88$
0201971270000 FIERRO, JEANETTE 10035 OAKGROVE DR 219.12$ 0201981030000 SHEN, YE 5935 ELMHURST AVE 263.28$
0201981420000 WHITE, DONALD C JR 9925 MANZANITA DR 241.00$ 0201991030000 SPRATT, J M FAMILY TRUST 12/20/2004 9991 COCA ST 208.38$ 0202021460000 ARNOLD, KEITH M 6772 JASPER ST 257.04$
0202041240000 TOKI, LINI 6929 BERYL ST 649.38$
0202061180000 GOMEZ, MARIA ANTONIA 9349 19TH ST 347.96$ 0202061340000 LA FAVE, RONALD W 9363 19TH ST 498.48$
0202071130000 BLATNICK, ANTON J III REVOCABLE TR 3 9496 LA VINE ST 440.46$ 0202081110000 MARTINEZ, HECTOR 9415 LA GRANDE ST 498.48$ 0202081390000 JOHNSON, JOHN P 9392 LOMITA DR 219.12$
0202082010000 BRAY, PATRICIA K REVOCABLE TR 11/29 9309 LOMITA DR 382.44$ 0202091220000 RIOS, RICHARD F LIVING TRUST 10/23/ 7245 HELLMAN AVE 498.48$ 0202102430000 BARANESS, TRISTAN ELI 6630 BRIGHTON PL 436.14$ 0202102460000 PERALES, RAYMOND & ANA LIVING TR 07/ 6610 BRIGHTON PL 224.66$ 0202131050000 MAS, GORKA 9516 MONTE VISTA ST 328.29$
0202131360000 STEPHENS, DEIRDRE M 9659 MONTE VISTA ST 202.14$ 0202131390000 SANCHEZ, ROGER 9633 MONTE VISTA ST 597.96$ 0202131480000 HOOK, BENJAMIN 9563 MONTE VISTA ST 518.52$ 0202131510000 POLACEK, BRYAN LARRY 9539 MONTE VISTA ST 202.14$ 0202131670000 ZARAGOZA, CARLOS 9511 MONTE VISTA ST 528.81$ 0202161050000 ROBERDS RANCHO LLC, 9540 ROBERDS CT 578.04$ 0202193020000 JONES, DAVID 7201 LINDEN LN 439.52$
0202231300000 TRUONG, SANG HUI 9038 BASELINE RD 297.24$ 0202251010000 HARRIS, WILLIAM B 8409 18TH ST 449.56$
0202252070000 LOVE, IMELDA 8510 AVALON CT 382.44$
0202261100000 RICHTER, SHAWN M 8606 AVALON CT 202.14$ 0202262020000 GERARDI, KATHLEEN A TRUST (5-10-06) 8591 AVALON CT 202.14$ 0202272030000 HUBENER, RONALD W REVOCABLE TR 2/27/ 8672 LA GRANDE ST 304.77$ 0202274110000 ELLISON, DONNIE 8570 LA GRANDE ST 399.90$ 0202291100000 SHAFER, JAMES 9052 LA GRANDE ST 484.26$ 0202294060000 CHILIAN, DIGRAN 9006 LA VINE ST 202.14$ 0202307060000 GETHERALL FAMILY TRUST, 8820 MONTE VISTA ST 597.96$ 0202311020000 MAINE, ALICE 8725 LURLINE ST 217.16$

EXHIBIT A

CITY OF RANCHO CUCAMONGA
BURRTEC WASTE INDUSTRIES, INC.

DELINQUENT SOLID WASTE ACCOUNTS
0202321150000 DIXON, RANDALL 9151 LA RONDA ST 498.48$ 0202321260000 SARINANA, GABRIEL JR 9201 LA RONDA ST 219.12$ 0202323170000 ABDULLAH, SALMA G 7065 LION ST 202.14$
0202331050000 ANGEL, ANTHONY 8630 18TH ST 202.14$
0202331260000 SALDANA, SHEYLA 8691 MIGNONETTE ST 275.36$ 0202332080000 FABELA, BEATRICE B 8620 MIGNONETTE ST 282.44$ 0202341260000 CARROLL, VALERIE K LIVING TRUST 08/2 6841 HELLMAN AVE 262.88$ 0202342300000 FRANKLIN, WILLIE J LIVING TRUST 9/5/ 9448 LEDIG DR 181.96$ 0202342440000 RUIZ, ADRIAN 9389 LEDIG DR 280.84$
0202351080000 HENRICH, CHRISTOPHER 6820 CORAL CT 498.48$ 0202351110000 BELL, DAVID S 6819 AMBER CT 399.94$
0202351130000 MEDINA, JUAN C 6816 AMBER CT 202.14$
0202351310000 AGUILAR, RIGOBERTO 6867 CARNELIAN ST 498.48$ 0202351340000 MATHIESEN, DEVEN K 6833 CARNELIAN ST 382.44$ 0202352150000 HOLMES, GALE GEORGE 8763 MIGNONETTE ST 341.96$ 0202352180000 RIVERA, YENNIE 8793 MIGNONETTE ST 345.48$ 0202354020000 GARROBO, EDGAR F 6883 OPAL ST 498.48$
0202372100000 ORTEGA, FERNANDO R 8668 LA PAIX ST 380.52$ 0202375080000 CANCHOLA, ASHLYN ELISABETH 7120 NAPA AVE 406.50$ 0202376110000 ALVARADO, SHARON ANN 7154 SONOMA AVE 280.48$ 0202412170000 CASTILLO, JOSEPH M 6880 CAMEO ST 289.54$ 0202413050000 MC NULTY, JOHN J 6849 CAMEO ST 202.14$
0202413150000 PALOMARES, IRMA Y 6860 JASPER ST 181.96$ 0202461160000 ZAMESNIK, SUSAN M 8977 HAMILTON ST 222.92$ 0202461580000 KELLY, DARIUS 6733 VINEYARD AVE 263.28$ 0202541240000 SMITH, RICHARD W 8878 HAMILTON ST 456.08$ 0202541470000 KENNEDY, JANE 8892 GALA AVE 498.48$
0202571550000 ORTIZ, ALEX R 6960 ONYX AVE 498.48$
0202751850000 HATCH, SEAN 8955 LA VERNE DR 597.96$
0202752030000 WILLIAMSON FAMILY TRUST 7/21/1, 6914 CHARLOMA ST 181.00$ 0202822070000 KUSMANTO, CHANDRA 9151 TRAVELER DR 202.14$ 0202822300000 CHEN, PEILING 6833 SPRINGVIEW PL 498.48$ 0202822320000 AZAROVITZ, TAMI L 6849 SPRINGVIEW PL 298.48$ 0202822450000 FITZGERALD, JASON L 6834 SPRINGVIEW PL 498.48$ 0202981120000 VARGAS, JOAQUIN 6750 PILGRIMS CT 202.14$ 0207022130000 ROSALES, HUGO 7520 CARNELIAN ST 484.63$ 0207044290000 MASHKOTIAZAD, KAIVAN 7563 ALTA CUESTA DR 248.52$ 0207051020000 PINOCHET, YEISI K 7608 BUENA VISTA DR 498.48$ 0207052060000 MCDONALD, HOWARD 7770 BUENA VISTA DR 382.44$ 0207053380000 ROSALES, JENNIFER M 7766 ALTA CUESTA DR 263.28$ 0207081100000 ROSALES, JENNIFER M 7833 ALTA CUESTA DR 202.14$ 0207111140000 FRIZZELL, MARK 8159 GROVE AVE 298.48$
0207123160000 GIDWANI, KIRAN D 8267 TAPIA VIA 367.52$ 0207141090000 GONZALEZ, ELSA 8159 TAPIA VIA 498.48$
0207141100000 QUINTERO, RONALD J 8167 TAPIA VIA 263.88$ 0207161250000 MITCHELL, CODY 8209 VIA CARRILLO 297.24$ 0207161300000 VICENTE, PAULA M 8251 VIA CARRILLO 232.12$ 0207161350000 YEUNG, RAYMOND YUE TING 8242 PLACIDA CT 498.48$ 0207161410000 VILLARREAL, ORALIA 8251 PLACIDA CT 449.56$