9 SECTION 10: 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 3, 2011
§21354.4 2.5% at 55 Full Formula
§21574 4th Level 1959 Survivor
§20042 1 Yr Final Compensation
1. Effective October 2022 , employees shall pay the full eight percent (8%) of their PERSable compensation toward the CalPERS member contribution. The City will adopt a resolution to reflect this change prior to the effective date.
B. Tier 2 – Classic Employees Hired on or after July 4, 2011
§21354 2% @ 55 Full Formula
§21574 4th Level 1959 Survivor
§20037 3 Yr Final Compensation
1. Effective October 2022 , employees shall pay the full seven percent ( 7%) of their PERSable compensation toward the CalPERS member contribution. The City will adopt a resolution to reflect this change prior to the effective date.
C. It is understood that all contributions paid by the employee as described in Parts A through C above shall be calculated based upon the full base salary of the employee, plus any additional PERSable compensation.
D. There shall be no sunset date to any provision in Section 9.
E. 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 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.
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 the 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 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 2% @ 62 retirement formula (Govt. Code §7522.20).
10 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).
F. 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.
SECTION 11: 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 employee with planning for future health care 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 arrangement are made on a pre- tax basis in accordance with IRS provision. 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 12: DEFERRED COMPENSATION
The City will match dollar for dollar up to 2.4 % of base salary in deferred compensation for any Teamsters covered employee who pays up to 2.4 % of base salary into deferred compensation through payroll deductions. For example: if an employee with a monthly salary of $4,000 puts
2.4% per month of the pay they earned into deferred compensation ($96), then the City will match the amount, up to the 2.4% maximum, and pay $96 towards that employee’s deferred compensation.
Effective the first full pay period in July 2022, Deferred Compensation participation for new bargaining unit members shall be automatic with an opt-out option.
SECTION 13: DENTAL INSURANCE
The City shall provide a dental insurance plan for all full -time continuous salaried employees within the bargaining unit.
SECTION 14: OPTICAL INSURANCE
The City shall provide an optical insurance plan for all full -time continuous salaried employees within the bargaining unit. The City agrees to average the cost of optical insurance for all full-time continuous salaried employees within the bargaining unit.
11 SECTION 15: PREMIUM ONLY PLAN UNDER SECTION 125
A. The City has implemented a Section 125 (premium only plan) that allows pre -tax payroll deductions for employee’s contributions for health benefits.
B. The City agrees to provide technical assistance (such as automatic payroll deduction, etc.) in the event employees within the bargaining unit decide to expand this benefit from a “premium only plan” to a “flexible spending account” provided that those participating pay all costs incurred in expanding and maintaining this program.
SECTION 16: 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-grandparents, 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 spouse’s grandchildren, employees 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, da ughter-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. An employee who utilizes bereavement leave shall notify their supervisor of the intent to use such leave. In accordance with AB1949, the bereavement leave must be completed within three (3) months of the date of death but need not be taken consecutively.
SECTION 17: PERSONAL LEAVE
Employees within the bargaining unit 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, ½ hour) throughout the fiscal year. Use of this time is for situations requiring the employee’s attention and addressing work -life balance issues. Personal Leave needs to be cleared with their supervisor when using this time.
12 SECTION 18: VACATION
All full-time employees within the bargaining unit shall, with continuous service, accrue working hours of vacation monthly according to the following schedule.
Length of Hours Accrued Annual Hours
Service Per Pay Period Accrued
In Years
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
15-17 6.923 180
18+ 7.307 190
SECTION 19: VACATION CAP
Employees will be cashed out of vacation balances in excess of 1040 hours as follows:
A. Beginning in 2020, any hours accrued over 1040 hours as of the end of each calendar year will be cashed out via check or deferred compensation. Employees will make an irrevocable decision by the end of the calendar year as to the cash -out method, and the payment or distribution will occur in April of the following calendar year.
SECTION 20: VACATION BUYBACK
Annually, any employee that wants to have the City buyback 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 buyback of 20 hours up to a maximum of 160 hours.
This buyback shall occur twice annually, in June/July 2026 (between the last payday in June and the first payday in July) and December 2026 (with the second paycheck in December). Beginning in 2027, the buyback shall occur twice annually, in July ( with the first paycheck in July) and December (with the second paycheck in December).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.
13 SECTION 21: SICK LEAVE
All full-time employees shall, with continuous service, accrue 120 hours of sick leave annually.
New employees begin employment with 60 hours of sick leave. Sick leave accrual (10 hours/month) begins on the first day of the seventh month of employment.
A. Personal Sick Leave
Employees can use sick leave for personal illness, injury, a health- related reason (such as the diagnosis, care of 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 a 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
a. For an employee who is a victim of domestic violence, sexual assault, stalking, or other crime in order for the employee to engage in any of the following activities: (1) 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; or (2) obtain medical attention or psychological counseling, services from a shelter, program or crisis center, or (3) participate in safety planning or other actions to increase safety.
Sick leave can be used for additional purposes as provided in Government Code Section 12945.8, subsections (a)(3) and (b), as well as all other purposes as allowed by applicable law.
SECTION 22: SICK LEAVE BUYBACK AND EARLY RETIREMENT INCENTIVE*
Effective the first full pay period in July 2022, if employees within the bargaining unit terminate their city employment after 5 years of continuous service, the City will buy back 130 hours of sick time if they provide at least two weeks’ written notice of their intent to separate.
If employees provide an early notification of their intention to retire from the City, the City will pay employees for additional non- cumulative accrued sick leave hours in accordance with the schedule below. Notifications must be given in writing to Human Resources in the form of an irrevocable letter of resignation with intent to retire.
14 • 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 23: HOLIDAYS
The City Offices shall observe the following fourteen (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 (Floater)
(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 – 14) Three discretionary days may be taken by employee at his/her convenience after six months service 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 consecutive days are holidays and it would result in the City Hall being open to serve the public only 2 days during the week, only one 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 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 within the bargaining unit 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.
15 SECTION 24: HOLIDAY TIME
The City agrees that employees within the bargaining unit 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 ten (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.
SECTION 25: PREMIUM HOLIDAY COMPENSATION
Bargaining unit employees required as part of the regular work assignment to work on Christmas Day, New Year’s Day, Independence Day or Thanksgiving Day, are allowed to observe the holiday on another day. Additionally, these employees who work on the afor ementioned designated holidays may select to receive compensation on that holiday at time and one-half for the ten-hour shift or take a second holiday as time off at a later date.
SECTION 26: HOLIDAY FACILITY CLOSURE
During the term of this MOU, there will be Holiday Facility closures, and 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 on 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, compensatory time, vacation accruals, personal leave, or use unpaid leave. When holiday closures are implemented by the City, Section 20’s provision regarding consecutive holidays shall not apply.
SECTION 27: NATAL AND ADOPTION LEAVE WITHOUT PAY
A. With Pay
Employees within the bargaining unit are granted up to 80 hours of natal and adoption leave with pay for the birth or adoption of a child, however, use of the 80 paid hours does not extend any time charged under FMLA or CFRA. Any paid time required beyond this initial 80 hours must be charged to sick leave, vacation, compensatory or floating holiday time.
Effective the first full pay period in July 2022, employees are eligible for an additional 40 hours of paid Natal and Adoption leave for a total of 120 hours. This is part of and does not add to leave time allowed by Federal or State leaves.
B. Without Pay
The City shall provide employees within the bargaining unit up to four months natal and adoption leave for the birth or adoption of a child including the paid leave as outlined above; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act (“PDA”; California Government Code Section12945), if applicable. The City’s PDA
16 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 28: WORKERS COMPENSATION LEAVE
Any employee within the bargaining unit 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 months of such disability absence, payments in an amount equal to the difference between the disability payments received under Workers Compensation Act and 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 (1 st) day of such disability absence. In the event the employee’s disability absence should exceed three 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 benefi t, 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.
SECTION 29: MILITARY LEAVE
Employees within the bargaining unit required to serve military leave will be compensated pursuant to the Military and Veterans Code. Finance may require military pay information in order to calculate a qualified employee’s pay.
SECTION 30: MILITARY SERVICE BUY BACK
Employees within the bargaining unit have the option for military service buyback at the employee’s expense.
SECTION 31: OVERTIME
A. Maintenance Bargaining Unit
The City agrees that employees within the bargaining unit who are, due to health and safety reasons, sent home to rest and to be available to work additional hours as a result of a storm or impending emerge ncy situation and are not subsequently recalled to work, will be compensated for the hours not worked in that shift, due to them having been sent home, to bring the total hours to 10 worked in that shift.
Employees within the bargaining unit who are subsequently recalled to work the storm or emergency situation will work no more than 12 consecutive hours, due to health and safety reasons. Any hours worked in excess of 10 in that 12- hour shift will be paid at time and one-half, regardless of the total number of compensated hours for that week.
Employees within the bargaining unit, who have already worked forty (40) hours in a work week, may request time off in order to avoid payment of overtime. It is at the discretion of the supervisor to approve that request.
17 B. Overtime Calculation
For the purpose of overtime calculations, Vacation Leave, Holiday leave, and Comp Time shall be considered hours worked. Overtime is compensated at 1.5 times the employee’s Fair Labor Standards Act (FLSA) regular rate of pay. Only hours worked as defined here shall be considered for the purpose of calculating the FLSA overtime pay.
SECTION 32: COMPENSATORY TIME
Employees may choose to earn compensatory time (comp time or CTO) in lieu of payment for overtime, if approved by a supervisor, in accordance with the following provisions:
1. HHW/Used Oil Program Comp Time:
A. Employees can request and be approved for comp time for work at the HHWF facility if they code their timecard to the appropriate HHWF account number (see Finance for directions). Comp time earned for working at the HHWF must be exhausted first as the employee uses comp time. Use of this HHWF comp time must also be properly coded on the employee’s time card (see Finance for directions). The maximum amount of comp time that an employee may accrue pursuant to this section is 80 hours.
Employees will be paid out by the last pay period in June for all HHWF comp time unused as of June 1 of each year; they will be paid out by the last pay period in December for all HHWF comp time unused as of December 1. No comp time pursuant to this section may be accrued in December of any calendar year.
B. Employees working at the HHW and being paid out of the Used Oil Recycling Program overtime account can only receive overtime payments for that work.
2. All other Comp Time:
An employee that works overtime between January 1 – November 30 of each calendar year may decide to accrue compensatory time off (CTO) at 1.5 times the number of overtime hours worked instead of receiving immediate payment for overtime worked. The maximum CTO that an employee may accrue is 150 hours. Once an employee reaches that accrual cap, all additional overtime worked in that calendar year shall be paid.
Employees may use CTO as time off during the calendar year, subject to supervisor approval. Supervisors shall not unreasonably withhold approval for use of accrued CTO, and the need to replace the employee using CTO with another employee on overtime shall not be the basis for denying a requested use of CTO. Any CTO that is earned between January 1-November 30 of a calendar year that is not used as time off before November 30, minus any comp time the employee plans to use during the holiday closure dates in that same year, shall be cashed out with the last paycheck distributed in the calendar year.
Overtime worked during December of a calendar year shall not be eligible for CTO.
SECTION 33: ON-CALL PAY
On-call assignments and requirements for employees assigned to being on call will be determined by the Department Head or designee(s). Employees within the bargaining unit required to be on- call shall be compensated at the rate of $275.00 per week. On-Call employees who field calls,
18 dispatch other employees, or do other work directly related to being on call should report hours worked to the closest 1/4 hour on their timecard.
SECTION 34: CALL BACK PAY (non-exempt)
A. If an employee is required to be called back to work after completing his or her normal shift or after having left City premises or the employee’s work location, the employee shall be compensated at the appropriate rate for each hour worked on call back with a minimum of two (2) hours call back compensation at the appropriate rate, regardless of whether the employee actually works less than two (2) hours. This provision shall be applicable to employees although the employee’s regular work week is not completed but shall not apply to employees who are continuing on duty for their normal work shift. The time starts when the callback call is received by the employee. Employees must arrive at the worksite and perform the work required in order to receive call-back pay.
B. When an employee is called on his/her day off or after hours for work purposes, the employee shall be compensated at the overtime rate or in comp time for the actual time worked, rounded to the nearest quarter hour (.25).
SECTION 35 Salary upon Promotion
When an employee is promoted to a higher classification, the employee shall be placed at the bottom of the higher classification’s salary schedule or receive a salary increase of five percent (5%) above the employee’s current base rate of pay, whichever is greater.
Employees can advocate for themselves to receive higher than the 5% or minimum pay rate for that job. The City may provide an increase to a promoted employee of higher than 5% or the minimum for the promoted pay range depending on skills, ability, certifications, qualifications, experience, supervisor and manager recommendations. The City shall have sole discretion as to whether to place a promoted employee at hi gher than the minimum otherwise required by this section as stated above. The City’s decision is not subject to the grievance procedure in this MOU or any other appeal.
If the promotion occurs within sixty (60) days of a scheduled MAP increase, the employee shall receive the merit increase (if otherwise entitled to it) and the promotional increase concurrently.
The employee shall be given a new evaluation review date based upon the effective date of the promotion.
If an employee receiving acting pay or out of class pay is promoted, that additional pay is considered part of the employee’s base pay for determining their salary increase.
No promoted employee shall be placed at a base salary below the minimum required by this Section or placed above the top of the range for the higher classification.
SECTION 36: ACTING PAY/OUT OF CLASS PAY
Acting Pay/Out of Class Pay will take effect for Teamsters bargaining unit employees who i n writing are assigned responsibilities of a higher-level classification after 120 working hours at the higher-level classification within a 30-calendar day period. Acting pay means you are directed to perform some of the functions of a higher position (which is not required by the job description of
19 the employee’s regular classification). Out of class pay means you are directed to perform all the functions of the higher position. The days of acting pay/ out-of-class assignment need not be consecutive. Once this qualification is satisfied, no additional requalification will be required for that assignment.
Employees may decline acting pay/out of class pay when it is initially offered to them. The increased compensation shall be at such step within the range of the higher classification and will result in an increase of at least five percent (5%) over the employee’s current regular base compensation. Any increase greater than five percent (5%) over the employee’s current regular base compensation shall require City Manager approval.
An employee who believes that they are performing one or more duties required by the job description of a higher classification that is/are not required by the employee’s job description, but have not been formally requested to do so by their supervisor as described above, may request in writing to receive acting pay or out of class pay. A form to request this pay shall be provided by the City and shall require the employee to identify the job duties performed and the times during which they were performed . The form shall be submitted to the employee’s supervisor within five (5) calendar days of performing the higher duties or shall be waived for all higher-class duties performed more than five (5) calendar days prior to submission of the form to their supervisor.
The supervisor shall respond to the request made on the form within five (5) calendar days after submission of the form. The supervisor can decide to approve the request, provide direction to the employee in writing, and the pay would begin after 120 working hours at the higher -level classification within a 30 -calendar day period. The supervisor can deny the request and work with the employee to make sure they understand their work assignment and is not performing some of the functions of a higher position (which is not required by the job description of the employee’s regular classification). Employees who do not agree with the supervisor’s determination may file a grievance. This pay is not PERSable for PEPRA employees and only Out of Class pay , where you are performing all of the duties of the high classification may be PERSable for Classic employees, but the City defers to state law on this matter.
SECTION 37: CALIFORNIA CLASS “A” DRIVER LICENSE STIPEND
Employees required by the City to hold a valid Class “A” Driver’s License for their position and participate in Department of Transportation (DOT) random drug and alcohol testing shall receive a stipend of $75 per month ($34.61 per pay period.) The Department will provide and maintain a list of positions and employees in those required positions. The list will be available upon request.
SECTION 38: BILINGUAL PAY
Employees within the bargaining unit who qualify for bilingual pay will be provided $75 .00 per month.
SECTION 39: SAFETY FOOTWEAR AND UNIFORMS
The City will provide up to $355.00 annually toward the purchase and/or replacement of safety footwear as needed, at a City-designated vendor for employees required to wear safety footwear in the performance of their job duties. The $355.00 shall also be available to purchase footwear- related accessories including laces, socks, orthotics, or sole inserts. There shall be no change in the current voucher method of funding these footwear items/accessories.
20 Safety footwear is considered Personal Protective Equipment (PPE) and must meet the following criteria to qualify for use and/or reimbursement for work activities. Selection of safety footwear shall be based on assigned duties and job classification, consi stent with applicable Cal/OSHA requirements.
Safety Footwear must incorporate the protective features required by the hazards associated with the employee’s job duties, which may include:
1. ASTM F2413–compliant safety-toe footwear (steel, composite, or alloy) for classifications with regular exposure to impact or compression hazards.
2. Puncture-resistant footwear where exposure to sharp objects exists.
3. Slip-resistant footwear suitable for wet, uneven, or contaminated surfaces.
4. Durable, closed-toe and closed-heel duty or work boots constructed of leather or similarly sturdy materials that provide protection against bites, scratches, and environmental exposure.
Determination of required protective features will be made by the department in consultation with Risk Management based on the criteria above, operational needs, and hazard exposure. Canvas shoes or any footwear that are not designed and marketed as described above do not qualify as safety footwear under this definition.
The City may provide uniforms (including shirts) and/or maintenance of uniforms for all positions covered under this MOU.
The City reports to CalPERS on an annual basis, the actual value of compensation paid or the monetary value for the purchase, rental and/or maintenance of required clothing for Teamsters covered CalPERS’ Classic Members. The parties analyzed the value and determined it shall not exceed $710.00 per fiscal year. The parties agree that to the extent permitted by law, this is special compensation and shall be reported as such pursuant to Title 2CCR, Section 571(a)(5) Statutory Items for Classic Members only. Uniform allowance shall not be reportable to CalPERS as Pensionable Compensation for New Members as defined by the Public Employees’ Pension Reform Act of 2 013. The parties also agree that the City has no additional obligation or costs should CalPERS, the State or the IRS determine otherwise.
SECTION 40: TUITION REIMBURSEMENT FOR APPROVED COLLEGE AND UNIVERSITY
COURSES
Reimbursements by the City of the following enumerated college and/or university course expenses (out-of-pocket expenses paid by the employee) shall not exceed seven thousand dollars ($7,000.00) during any fiscal year.
Eligibility for said reimbursement in an amount not to exceed $7,000.00in any one 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 for coursework undertaken at a college or university that is licensed/accredited by one of the six regional accreditors involved in higher education accreditation in the United States.
B. The applicant for reimbursement shall represent to the Human Resources Department documentation prepared by the accredited/licensed college or university which evidences
21 the applicant’s receipt of a grade “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 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 his 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 his designee in such regards shall be final.
E. The costs which shall be subject to reimbursement (Definition of reimbursement: the action of repaying a person who has spent or lost money – a sum paid to cover money that has been spent or lost) 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, written receipts shall be provided to the Personnel Department and shall evidence eac h expenditure for which reimbursement is sought.
Out-of-pocket expenses paid by the employee are costs evident by a receipt that shows the employee paid out of their own funds (this can include from a student loan, but not any grants or payments directly from another source for the amount they are seeking reimbursement).
SECTION 41: 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. Employees may also seek assistance from the Human Resources Department on how to prepare for an internal promotion and or interview.
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 the reasons why they were not selected. The supervisor will work with other Department personnel and/or Human Resources and must provide a response to the requesting employee within 30 days of the request.
22 Bargaining unit employees are encouraged to register on the City’s employment portal to be informed of promotional opportunities by email, and to check their City email account regularly for information regarding promotional opportunities.
SECTION 42: REQUIRED CERTIFICATIONS AND RECERTIFICATIONS
The City will pay for the cost of any required certifications or recertifications 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 43: DIRECT DEPOSIT
All new bargaining unit members are required to enroll in direct deposit. Vacation buybacks can be by paper check.
SECTION 44: 4/10 WORK WEEK
The City of Rancho Cucamonga City Hall operates on a 4/10 work week, hours 7am to 6pm, Monday through Thursday. Different bargaining unit employees generally work from 6am to 4:30pm with half-hour lunch. Actual days and times of work vary based on the hours of operations at various facilities employees are assigned to.
SECTION 45: 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 $2.10 per day for every day that the bargaining unit employee carpools.
SECTION 46: USE OF BULLETIN BOARDS
The City will furnish a portion of existing bulletin board space, located in bargaining unit break areas where such bulletin boards currently exist for Teamsters notices. Such space will be no less than 18” x 24” depending on available space. Bulletin boards shall only be used for the following notices:
Schedule Teamsters meetings, agendas and minutes
Information on Teamsters election and the results
Information regarding Teamsters social, recreational and related news bulletins Reports of official business of Teamsters, including negotiations, reports of committees or the Board of Directors
City equipment, 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
23 be obscene, defamatory or of a political nature. All notices to be posted must be dated and signed by an authorized representative of Teamsters.
SECTION 47: 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 Shop Stewards of Teamsters to confer with bargaining unit employees during work hours. Therefore, Teamsters Labor Relations Representatives or Shop Stewards will be granted access to work locations during regular working hours to investigate and process grievances or appeals. Teamsters Labor Relations Representatives or Shop Stewards 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 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 at all times someone designated who shall have full authority to approve access. If a request is denied, the designated management representative shall establish a mutually agreeable time for access to the employee. Teamsters Labor Relations Representatives or Shop Stewards 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 Teamsters’ access rights to work locations and any reasonable denial of access shall not be subject to the grievance procedure.
SECTION 48: DUES DEDUCTION
Teamsters membership dues and insurance premiums for plans sponsored by Teamsters, provided such plans are not intended to replace City provided health plans, shall be deducted by the City upon notification by Teamsters stating that an employee has request ed that such deduction be made, and the City will stop deductions upon notification from Teamsters that an employee has requested that such deductions be ceased. Remittance of the aggregate amount of all membership dues deducted from the pay warrants of employees covered hereby shall be made to Teamsters on a regular basis consistent with the City’s regular pay-periods. Teamsters membership dues shall be deducted in an amount per bi -weekly pay period authorized by the Teamsters Board of Directors. The City shall not be liable to Teamsters, employees, or any party by reason of the requirements of this Article for the remittance of any sum other than those constituting actual deductions made from employee wages earned. Teamsters shall hold the City harmless for any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of or by reason of action taken by the City under this Article.
SECTION 49: NEW EMPLOYEE ORIENTATION
City shall provide thirty (30) minutes at a mutually agreeable time during the employee onboarding process for a Teamsters Local 1932 representative to meet with a new Teamsters Local 1932 covered employee and present the benefits of being a member of the Union. Onboarding 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. A Teamsters Local 1932 representative will have up to 30 minutes of uninterrupted time to meet with new Teamsters Local 1932 covered employees. Prior to meeting, or in no case later than the meeting time, the City will provide the name and job assignment of the new employee to the Teamsters Local 1932
24 representative. The City will provide designated Teamsters Local 1932 representatives with all available information about the employee as required under AB 119 within 30 days of the employee’s start date and the City will provide the required information on all Teamsters Local 1932 covered employees again as required by AB 119 at least three (3) times per year.
SECTION 50: USE OF CITY RESOURCES
Teamsters 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. Teamsters may also be permitted to use the City Council Chambers, during regular business hours, for Teamsters meetings, provided the City Council Chambers is not otherwis e reserved. Permission to use City facilities must be obtained by Teamsters from the appropriate management representative. Teamsters shall be held fully responsible for any damages to, and the security of, any City facilities that are used by Teamsters.
SECTION 51: RELEASE TIME FOR CITY UNION STEWARDS
The City and Teamsters Local 1932 also agree to the following release time for City Union Stewards:
a. Release of one (1) steward for up to 3 hours each month for the Unions Local Wide Stewards Meeting.
b. Release of one (1) steward for a full day each month if elected to the Union’s Executive Board.
c. Release of up to two (2) stewards for training for up to a full day of training as Stewards no more than once a fiscal year (July to June).
The release of stewards as outlined above shall be paid by the City. Release may be denied if a supervisor/manager determines the employee is needed for a crucial assignment or the need for emergency staffing condition exists. Release per this section will not be unreasonably denied.
SECTION 52: RELEASE FOR ALL HANDS MEETING
The Teamsters Local 1932 bargaining unit shall be allowed four (4) meetings of ninety (90) minutes per fiscal year, including travel time, during work hours for the purpose of meeting with bargaining unit members to discuss labor negotiations with the City. Additional meetings may be requested and may be granted by the Director of Public Works.
SECTION 53: DISCIPLINARY PROCEDURES
A. Definition and Objective of Discipline
Discipline is the enforcement of policies, rules, regulations and/or other administrative or legal requirements designed to maintain a standard of cooperation and conduct necessary to successfully carry out the mission of the City organization. The purpose of discipline is to assist the employee in recognizing and correcting any behavior or deficiencies regarding performance. Self -discipline or self -conformity is the goal strived for by this
25 Section. Disciplinary action of classified employees who have attained regular status (An employee who has satisfactorily completed the probationary period (including any extensions) and cannot be terminated except for just cause) , when necessary, shall be documented in such a manner as to be defensible on appeal and/or review.
In all instances where disciplinary action is contemplated, the affected employee shall be afforded prior notice of the proposed disciplinary action. The employee shall have reasonable opportunity to present, in person, their review of the incident(s) resulting in the disciplinary consideration.
Types of disciplinary actions applicable to regular employees in the classified service are:
dismissal, disciplinary demotion, reduction in pay within a pay range, disciplinary suspension, written reprimand, or an appropriate combination of these disciplinary actions.
The aforementioned types of disciplinary actions are defined as follows:
1. Oral Reprimand: An oral consultation between the supervisor and employee whereby the supervisor indicates to the employee that there is cause for dissatisfaction with the employee’s services and that further disciplinary measures may be taken if improvement is not made. An oral reprimand may not be appealed under this rule.
2. Written Reprimand: An official notification in writing by the supervisor to the employee that there is cause for dissatisfaction with the employee’s services and that further disciplinary measures may be taken if improvement is not made. A written reprimand may not be appealed under this rule.
3. Disciplinary Suspension: The temporary separation from City service of an employee without compensation. A suspension of less than four (4) days may not be appealed under this rule.
4. Reduction in Pay: The reduction of the employee’s pay rate within the pay range established for the employee’s class.
5. Disciplinary Demotion: The demotion of an employee from a position in one class to a position in another class having a lower maximum rate of pay. The demotion may be permanent or temporary.
6. Dismissal: The discharge of an employee from the City service.
B. Disciplinary Procedures
The purpose of the Disciplinary Procedures is to afford the regular employee an opportunity to present his/her view of factual situation leading to the proposed disciplinary action of suspension of four (4) or more days, reduction in pay, demotion or dismissal, and to afford appropriate administrative review of any disciplinary action which is taken.
1. Initial Notice: The employee shall be given written notice of the proposed disciplinary action by the division manager. The notice shall be delivered to the employee in person and/or mailed to the employee’s last known residence by certified mail, return receipt, postage prepaid. Such notice shall include:
26 a. The level of discipline intended to be imposed;
b. The specific charges upon which the intended discipline is based;
c. A summary of the facts upon which the charges are based;
d. A copy of all written materials, reports or documents upon which the intended discipline is based;
e. Notice of the employee’s right to respond to the department head regarding the charges within five (5) calendar days from the date the notice of the proposed disciplinary action is sent or delivered to the employee, either by requesting an informal conference, by providing a written response, or both;
f. Notice of the employee’s right to have a representative of his or her choice at the informal conference, should he or she choose to respond orally; and
g. Notice that the failure to respond at the time specified shall constitute a waiver of the right to respond prior to the imposition of discipline.
2. Right to Respond: The employee has five (5) calendar days from the date the notice of the proposed disciplinary action is sent or delivered to the employee to review the documents, materials, charges and other evidence presented pursuant to Section 2, subsection 2 above, and to respond either orally and/or in writing to the department head. If the employee requests a conference to respond orally to the proposed disciplinary action, the conference must be scheduled at least seven (7) calendar days after the date the notice of proposed disciplinary action is sent or delivered to the employee. The conference will be an informal meeting with the department head.
3. Right to Representation: The affected employee has the right to be represented during the disciplinary procedure, at the employee’s own expense.
4. Further Investigation: If the department head determines that the employee’s version of the facts creates doubt as to the accuracy of the information provided, the department head will initiate a further investigation of the factual situation leading to the proposed disciplinary action.
5. Implementation of Disciplinary Action: Upon completion of the procedures set forth above, the employee shall be given written notice of the disciplinary action by the department head. The notice shall be delivered to the employee in person and/or mailed to the employee’s last known residence by certified mail, return receipt, postage prepaid. Such notice shall include:
a. The level of discipline, if any, to be imposed and the effective date of the discipline;
b. The specific charges upon which the discipline is based;
c. A summary of the facts upon which the charges are based;
27 d. A copy of all written materials, reports or documents upon which the discipline is based; and
e. A statement of the nature of the employee’s right to appeal.
C. Discipline Authority: Department heads shall have the power and duty to determine the need for disciplinary action and implement disciplinary actions.
1. Informal Discussion: Though not a disciplinary action, when a minor job performance problem develops, an informal discussion shall usually occur to assist the employee in clarifying and remedying the problem. An informal discussion is designed to clarify standards, policies and procedures, and/or rules and regulations so that problems are resolved early, and the need to utilize disciplinary action may be avoided.
2. Oral or Written Reprimand: A supervisor may reprimand a subordinate for cause.
When deemed appropriate, reprimands shall be in writing and be addressed to the employee. The employee will be directed to acknowledge receipt by signing the document. A signed copy shall be forwarded to the Human Resources Department for placement in the employee’s file. Reprimands cannot be appealed. The employee may write a written response that must be received by the Administrative Services Department within eight (8) working days from the date the notice is sent or delivered to the employee, to be placed in the personnel file with the reprimand.
3. Suspension: A regular employee may be suspended without pay by the department head. Before the effective date for any non-emergency suspension of four (4) or more days, the employee will be furnished with written notice pursuant to Section 2 of this Rule, and be given an opportunity to respond. Suspensions of less than four (4) days cannot be appealed. The employee may write a written response which must be received by the Human Resources Department within eight (8) working days from the date the notice is sent or delivered to the employee, to be placed in the employee’s personnel file along with the Notice of Suspension.
4. Reduction in Pay: A department head may reduce an employee’s pay within the range. Before the effective date of said reduction, the employee shall be furnished with written notice pursuant to Section 2 of this Rule, and be given an opportunity to respond. The employee s hall be assigned a new anniversary date for merit review purposes. Such date shall coincide with the effective date of the reduction action.
5. Demotion: A department head may demote an employee to a lower class for disciplinary reasons. Before the effective date of the demotion, the employee shall be furnished with written notice pursuant to Section 2 of this Rule, and be given an opportunity to respond. The demoted employee shall be assigned a new anniversary date for merit review purposes. Such date shall coincide with the effective date of the demotion.
6. Dismissal: A department head may terminate a regular employee for cause pursuant to Section 2 of this Rule. Before the effective date of the dismissal, the department head shall provide the terminated employee with a written notice pursuant to Section 2 of this Rule and give the employee an opportunity to respond.
28 D. Emergency Situations
An Emergency may be temporarily placed on administrative leave from City Services with or without pay for a period of time not to exceed time reasonably necessary to permit an investigation of a matter which may result in a disciplinary action. Any employ ee having supervisory authority and responsibility may initiate an emergency suspension with pay.
Suspension without pay must be initiated by the department head. In the event the investigation develops in the employee’s favor and no disciplinary is filed within the suspension period, the employee shall be reinstated to duty with all accrued salary and other benefits.
E. Grounds for Disciplinary Action
The following non-exclusive list shall constitute grounds for disciplinary action (any of them may be sufficient cause upon which to base a disciplinary action):
1. Fraud in securing employment or making a materially false statement on an application for employment or on any supporting documents furnished with or made a part of any application.
2. Incompetency, such as failure to comply with a minimum standard for an employee’s position for a significant period of time.
3. Neglect of duty, such as failure to perform the duties required of an employee’s position.
4. Willful disobedience or insubordination; such as willful failure to carry out the direction of a supervisor or failure to conform to established orders or directions of persons in a supervisory position, insulting or demeaning the authority of a supervisor or manager.
5. Dishonesty; making any false statement, omission or misrepresentation of material facts.
6. Being under the influence of alcohol or intoxicating drugs while on duty.
7. Absence without authorized leave.
8. Conviction of a crime or conduct constituting a violation of State law or Federal law that has a relationship to the employee’s job. Conviction shall include a plea of guilty or no contest.
9. Discourteous treatment of the public or other City employees.
10. Improper or unauthorized use of City property.
11. Theft.
12. Violation of the rules and regulations of any department.
29 13. Refusal or failure to subscribe to any oath or affirmation, which is required by law in connection with City employment.
14. Any act of conduct undertaken which, either during or outside of duty hours, is of such a nature that it causes discredit to fail upon the City, and/or the employee’s department or division.
15. Failure to maintain proper decorum during work hours.
16. Abuse of sick leave.
17. Inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling of City property.
18. Outside employment which conflicts with the employee’s position and is not specifically authorized by the appointing authority.
19. Acceptance from any source of any employment a reward, gift or other form of remuneration in addition to the employee’s regular compensation as a personal benefit to the employee for actions performed in the normal course of the employee’s assigned duties.
20. Mishandling of public funds.
21. Excessive absenteeism or tardiness.
22. Working overtime without prior authorization; refusing to work assigned overtime.
23. Falsification of any City report or record, or of any report or record required to be completed by the employee.
24. Violation of the City or department’s confidentiality policies; disclosure of confidential City information to any unauthorized person or entity.
25. Violation of the City’s Policy Against Harassment, Discrimination and Retaliation.
26. Violation of any of the provisions of the Municipal Code, lawful ordinances, resolutions, or any rules, regulations or policies which may be prescribed by the City Council, City Manager, department head or supervisor.
27. Engaging in political activities precluded by State or Federal law, City Ordinance, policy or these rules.
F. Records
Records pertaining to disciplinary actions shall be maintained in the employee’s personnel file.
30 SECTION 54: DISCIPLINARY APPEAL PROCEDURES
A. Right to Appeal
A regular full-time and for cause employee (An employee who has satisfactorily completed the probationary period (including any extensions) and cannot be terminated except for just cause) shall have the right to appeal the following disciplinary actions:
1. Suspensions without pay of four (4) or more working days.
2. Salary reduction.
3. Demotion.
4. Dismissal.
A promotional probationary employee shall have the right to appeal the following disciplinary actions : suspension without pay of two (2) or more working days and dismissal.
B. Method of Appeal
Appeals shall be made in writing, state the grounds for the appeal, and signed by the appellant or his/her representative. Appeals shall be filed with the Administrative Services Department within eight (8) working days from the date the notice of disciplinary action is sent or delivered to the employee pursuant to Rule IX (Employee Conduct and Discipline), Section 2. Failure by the appellant or his/her representative to file the appeal within the aforementioned time period will constitute a waiver of his/her right to an appeal.
C. Notice
Upon the filing of an appeal, the Human Resources Department will set a date for a hearing on the appeal not less than eight (8) working days, nor more than twenty-four (24) working days, from the date of filing. However, the Human Resources Department may, at its discretion, waive such time limits if it determines that additional time is necessary.
The Human Resources Department shall notify all interested parties of the date, time, and place of the hearing.
D. Rules for Hearing
Rules for the conduct of the hearing may be promulgated by the Personnel Officer.
E. Hearing Officer
Appeals shall be heard by the Personnel Officer. A decision rendered by the Personnel Officer, shall be final.
F. Hearing Conduct and Representation
31 The appellant shall appear personally, unless physically unable to do so, at the time and place of the hearing. He/she may, but need not be represented. If represented, the appellant must identify his/her representative at least three (3) working days before the hearing. The conduct and decorum of the hearing shall be under the control of the Hearing Officer. The hearing shall be closed unless the appellant requests that it be open.
G. Evidence and Examination of Witnesses
1. Oral evidence shall be taken only on oath or affirmation.
2. Each party shall have the following rights:
a. To call and examine witnesses.
b. To produce documentary evidence.
c. To cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not cover in the direct examination.
d. To impeach any witness regardless of which party first called him/her to testify.
e. To rebut the evidence against him/her.
3. The hearing need not be conducted according to technical rules relating to evidence and witnesses. The rules of privilege shall be effective to the extent that they otherwise are required by statute to be recognized at the hearing. Irrelevant and unduly repetitious evidence shall be excluded.
H. Findings and Conclusions
Written findings of fact shall be made which state as to each charge whether or not such charge is sustained and shall affirm, reverse or modify the appealed decision. The Hearing Officer’s decision on the appeal shall be contained in a formal, written document, which includes the findings of fact supporting the decision. The decision shall be final and binding and such decision shall be served in person or by certified mail to the employee’s last known residence, return receipt, postage prepaid mail on the employee appealing the decision, and by regular mail or in person on the department head who instituted the discipline.
I. Statute of Limitations
The Hearing Officer’s written findings and decision is final. There is no process for reconsideration. Pursuant to Code of Civil Procedure section 1094.6, the parties have ninety (90) days from the date of the proof of service of mailing of the written findings and decision to appeal the decision to the Superior Court in and for the County of San Bernardino.
SECTION 55: GRIEVANCE PROCEDURES
A. Purpose of Rule
32 1. To promote improved employer -employee relations by establishing procedures on matters for which appeal or hearing is not provided by other regulations.
2. To afford employees individually a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.
3. To provide that grievances shall be settled as near as possible to the point of origin.
4. To provide that grievances shall be conducted as informally as possible.
B. Matters Subject to Grievance Procedure
An employee shall have the right to file a grievance concerning an alleged violation, misinterpretation or misapplication of City policy, City Personnel Rules and Regulations, and/or the Memorandum of Understanding. Matters otherwise subject to the disciplinary procedure shall not be subject to the grievance procedure. In addition, the following matters are excluded from this procedure:
1. Requests for changes in wages, hours, or working conditions, including any impasse or dispute in the meet and confer process or matter within the scope of representation;
2. Requests for changes in the content of employee evaluations or performance reviews, oral or written warnings, reprimands or counseling;
3. Challenges to a reclassification, layoff, transfer, denial of reinstatement, or denial of a salary range or merit increase;
4. Challenges to any disciplinary action; and
5. Challenges to examinations or the appointment to positions.
C. Informal Grievance Procedure
Within eight (8) work days of the occurrence of the act(s) that constitutes the grievance, an employee shall discuss the grievance with his/her immediate supervisor. If, after this discussion, the employee does not believe the problem has been satisfactor ily resolved, the employee shall have the right to discuss it with the supervisor’s immediate superior in the administrative service, if any. Every effort shall be made to find an acceptable solution by informal means at the lowest possible level of supervision.
If the employee is not in agreement with the decision reached by discussion, the employee shall then have the right to file a formal grievance in writing within five (5) working days after receiving the informal decision of the immediate supervisor. Failure of the employee to file the grievance within five (5) work days shall constitute a waiver of the grievance.
Formal written grievances shall only apply to the employee affected, shall specifically identify the action being grieved, and shall include a statement of the action(s) desired by the grievant and the reasons therefore.
33 D. Formal Grievance Procedure (Levels of Review Through Chain of Command)
1. First Level of Review: The grievance shall be presented in writing to the employee’s immediate supervisor, who shall render a decision and comments in writing and return them to the employee within eight (8) working days after receipt of the grievance. If the employee does not agree with the supervisor’s decision, or if no answer has been received within eight (8) working days, the employee may present the grievance, in writing, to the department head. Failure of the employee to take further action withi n eight (8) working days after receipt of the written decision of the supervisor, or within eight (8) working days if no decision is rendered, shall constitute a waiver of the grievance.
2. Department Review: The department head receiving the grievance of an employee or a designated representative shall discuss the grievance with the employee, the employee’s representative if so desired, and with other appropriate persons. The department head shall render a decision and comments in writing and return them to the employee within eight (8) working days after receiving the grievance. If the employee does not agree with the decision reached, or if no answer has been received within eight (8) working days, the employee may present the grievance in writing to the Personnel Officer. Failure of the employee to take further action within eight (8) working days after receipt of the department head’s written decision, or within eight (8) working days if no decision is rendered, shall constitute waiver of the grievance.
3. Personnel Officer: The Personnel Officer, or his/her designated representative, upon receipt of the grievance, shall discuss the grievance with the employee, and/or the employee’s designated representative, and with other appropriate persons. The Personnel Officer or designee shall render a decision in writing to the employee within eight (8) working days after receiving the grievance. The decision of the Personnel Officer shall be final.
E. Conduct of Grievance Procedure
1. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned in writing.
2. The employee may have a representative of his or her choice present at all stages of the grievance procedure, except that no one may be represented by an employee he or she supervises, and no employee may be represented by his or her supervisor or department head. At least 48 hours prior the grievance meeting, the employee shall inform the individual hearing the grievance whether he or she will be represented at the grievance meeting and shall identify the representative.
3. EMPLOYEES SHALL BE ASSURED FREEDOM FROM REPRISAL FOR USING THE GRIEVANCE PROCEDURE.
4. The grievant may request that the informal discussion with the immediate supervisor be waived.
34 SECTION 56: ADOPTION OF MOU
This memorandum, between representatives of the City and Teamsters Local 1932, was adopted on June 17, 2025.
SECTION 57: EFFECTIVE DATE
The provisions of this memorandum of understanding are effective July 1, 2026, and continue for a three-year period, ending June 30, 2029.
TEAMSTERS LOCAL 1932: CITY of RANCHO CUCAMONGA:
DATED ___________________ DATED _____________________
________________________________ __________________________________ Jorge Rivera Elisa Cox
Business Agent City Manager
________________________________ __________________________________ Paul Corona Mike McCliman
Lead Mechanic Fire Chief, Assistant City Manager
________________________________ __________________________________ Lucy Castillo Robert Neiuber
Inventory Specialist – Equipment and Human Resources Director Materials
________________________________
Latu Ohoiner
Maintenance Coordinator
John Clinton
Maintenance Coordinator
________________________________
John Standi
Maintenance Coordinator
Andrew Marcus
Electrician
35 Donald Rooker
Lead Maintenance Worker
Adrian Cortez
Lead Maintenance Worker
36 Appendix A – Mechanic Series (Mechanic I, II and III)
When the City hires a position in the Mechanic Series (Mechanic I, II and III), the employee is hired at the highest position based on their qualifications and would automatically progress through the series, up to Mechanic III, based on meeting the qualifications for the position.
All current Mechanics would be Mechanic II’s as this is just a title change. Any current employees eligible for Mechanic III would move to that higher position at the start of the first full pay period in July 2026, or the first full pay period after a job description is finalized, whichever is later,
Mechanic I:
Minimum Qualifications - 1 year maintenance experience generic – allows entry level and movement from existing employees. The position’s pay range is set at 10% below the Mechanic II. Employee in these positions automatically move to Mechanic II after completing two years of journey-level experience in the maintenance and repair of light to heavy gas and diesel-powered equipment.
Mechanic II:
Current job mechanic description. Employees would move to Mechanic III when employees meet the minimum qualifications for that position. The position’s pay range is set to the current mechanic pay. Mechanic II pay equal to current Mechanic pay
Mechanic III:
Add ASE certification in Automotive or heavy trucks. Ability to obtain a Class A License within 24 months of employment. ASE certification in Refrigerant Recovery and Recycling is highly desirable. If an employee is unable to obtain the Class A license within the 24 month period, they would be demoted back to Mechanic II. The position’s pay range is set at 5% above Mechanic II.
The City will work with all employees to help them achieve the certification and License required to move up in this series.
Lead Mechanic:
Updated minimum job requirement s include – Add Class A license and ASE certifications in automotive and/or heavy truck repair. Update Job Description - Possession of or ability to obtain ASE certification in Refrigerant Recovery and Recycling within 24 months of employment. If an employee is unable to obtain the ASE certification in Refrigerant Recovery and Recycling within the 24 month period, they would be demoted if a position was available or released as they do not meet the minimum requirement for the position. back to Mechanic II.
The c urrent employee i s g randfathered in under current job description. The current Lead Mechanic shall not be demoted, reclassified, displaced, reduced in pay, or otherwise adversely affected as a result of the adoption of revised minimum qualifications, revised job descriptions, or implementation of the Mechanic Series restructure. The employee is encouraged to gain the minimum requirements of the updated position.
The City shall develop and/or revise job descriptions for Mechanic I, Mechanic II, Mechanic III, and Lead Mechanic and shall provide draft job descriptions to Teamsters Local 1932 The Teamster Local 1932 can request to meet on the effects of the new or updated job descriptions.
37 Nothing in the development, revision, or implementation of job descriptions shall result in the demotion, reduction in pay, reclassification, loss of status, displacement, or adverse employment action against any incumbent Mechanic or Lead Mechanic employee.
City of Rancho Cucamnga
TEAMSTERS LOCAL 1932
Pay Schedule Effective July 13, 2026
Classification Minimum Control Point Maximum Frequency Electrician 30.02$ 37.52$ 41.27$ Hourly
2,401.60$ 3,001.60$ 3,301.60$ Bi-weekly
62,441.60$ 78,041.60$ 85,841.60$ Annual
Equipment Operator 27.06$ 33.83$ 37.21$ Hourly 2,164.80$ 2,706.40$ 2,976.80$ Bi-weekly
56,284.80$ 70,366.40$ 77,396.80$ Annual
Inventory Specialist
Equipment/Mat 21.71$ 27.14$ 29.85$ Hourly
1,736.80$ 2,171.20$ 2,388.00$ Bi-weekly
45,156.80$ 56,451.20$ 62,088.00$ Annual
Lead Maintenance Worker 26.49$ 33.11$ 36.42$ Hourly 2,119.20$ 2,648.80$ 2,913.60$ Bi-weekly
55,099.20$ 68,868.80$ 75,753.60$ Annual
Lead Mechanic 30.52$ 38.15$ 41.97$ Hourly
2,441.60$ 3,052.00$ 3,357.60$ Bi-weekly
63,481.60$ 79,352.00$ 87,297.60$ Annual
Maintenance Coordinator 29.28$ 36.60$ 40.26$ Hourly 2,342.40$ 2,928.00$ 3,220.80$ Bi-weekly
60,902.40$ 76,128.00$ 83,740.80$ Annual
Maintenance Worker 21.59$ 26.99$ 29.69$ Hourly 1,727.20$ 2,159.20$ 2,375.20$ Bi-weekly
44,907.20$ 56,139.20$ 61,755.20$ Annual
Mechanic I 23.62$ 29.52$ 32.47$ Hourly
1,889.60$ 2,361.60$ 2,597.60$ Bi-weekly
49,129.60$ 61,401.60$ 67,537.60$ Annual
Mechanic II 26.24$ 32.80$ 36.08$ Hourly
2,099.20$ 2,624.00$ 2,886.40$ Bi-weekly
54,579.20$ 68,224.00$ 75,046.40$ Annual
Mechanic III 27.55$ 34.44$ 37.88$ Hourly
2,204.00$ 2,755.20$ 3,030.40$ Bi-weekly
57,304.00$ 71,635.20$ 78,790.40$ Annual
Senior Maintenance Worker 23.04$ 28.80$ 31.68$ Hourly 1,843.20$ 2,304.00$ 2,534.40$ Bi-weekly
47,923.20$ 59,904.00$ 65,894.40$ Annual
Signal & Lighting Coordinator 35.94$ 44.92$ 49.41$ Hourly 2,875.20$ 3,593.60$ 3,952.80$ Bi-weekly
74,755.20$ 93,433.60$ 102,772.80$ Annual
Signal & Lighting Technician 30.83$ 38.54$ 42.39$ Hourly 2,466.40$ 3,083.20$ 3,391.20$ Bi-weekly
64,126.40$ 80,163.20$ 88,171.20$ Annual
Exhibit B
DATE: June 17, 2026
TO: Mayor and Members of the City Council
FROM: Elisa C. Cox, City Manager
INITIATED BY: Peter Castro, Deputy City Manager
Jennifer Nakamura, CNU-A, Planning Director
Sophia Serafin, AICP, Associate Planner
SUBJECT: Consideration of First Reading of Ordinance No. 1057, to be Read by Title Only and Waive Further Reading, Amending Table 17.30.030-1, Table 17.38.060-1, and Table 17.136.020-1 of Title 17 of the Rancho Cucamonga Municipal Code to Expand the Zones that Allow Child Day Care Facilities/Centers Upon Approval of a Minor Use Permit, Reduce the Level of Review to a Minor Use Permit When Already Permitted with a Conditional Use Permit, or Allow Child Day Care Facilities/Centers as an Accessory Use Upon Approval of a Minor Use Permit When an Approved Assembly Use is Present. This Item is Statutorily Exempt from the Requirements of the California Environmental Quality Act (CEQA) Under CEQA Section 15061(b)(3) (DRC2026-00029) (ORDINANCE NO. 1057) (CITY)
RECOMMENDATION:
Planning Commission and Staff recommend the City Council conduct a first reading of Ordinance No. 1057 to be read by title only and waive full reading to amend Table 17.30.030-1, Table
17.38.060-1, and Table 17.136.020-1 of Title 17 of the Rancho Cucamonga Municipal Code to expand the zones that allow child day care facilities/centers upon approval of a Minor Use Permit, reduce the level of review to a Minor Use Permit when already permitted with a Conditional Use Permit, or allow child day care facilities/centers as an accessory use upon approval of a Minor Use Permit when an approved Assembly Use is present.
BACKGROUND:
The applicant, Crosslight Family Ministries, has requested a Municipal Code Text Amendment to allow pre-schools and other child-care services, such as daycares, within the Very Low (VL) Residential zone, where such uses are not currently permitted under the Child Day Care Facility/Center use. Assembly uses are currently allowed to operate private schools (K-8) with a Minor Use Permit, however, child care facilities such as preschools have a different land use definition and are currently not permitted in most residential zones, except for family day care homes.
Although the request was specific to the Very Low (VL) Residential zone, staff determined that the constraint is not unique to that designation and applies across other zoning designations as well. As a result, staff evaluated the allowance of Child Day Care Facility/Center uses more
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broadly to apply to other residential, overlay, and form-based zones. The proposed text amendments would apply citywide to all qualifying properties within the affected zoning designations.
On May 27, 2026, the Planning Commission held a duly noticed public hearing to make a recommendation to the City Council. After testimony was provided, the Planning Commission unanimously recommended the City Council adopt the proposed ordinance. The Planning Commission supported the proposed amendments as they would help to alleviate issues surrounding lack of childcare services within the city and address an identified community need.
Commissioner Diaz remarked that she sees the need every day in her work at Chaffey College and she is pleased that local churches are invested in filling that gap. Commissioners also commented that early education programs, such as preschools and daycares, would set children up for success in their K-12 education as there would be more opportunities to have early exposure to develop their social and behavioral classroom skills. No concerns were expressed with the proposed amendments.
ANALYSIS:
The Development Code defines Child Day Care Facility/Center as “a facility installed, operated, and maintained for the nonresidential care of children as defined under applicable state licensing requirements for the facility. Such facilities include, but are not limited to, infant centers, pre- schools, extended day-care facilities, or school-age child-care centers as defined in this title.” Per Table 17.30.030-1 of the Development Code, Child Day Care Facility/Center uses are not permitted within the Conventional zones of Very Low (VL), Low (L), Low Medium (LM), Medium (M), and Medium High (MH) Residential zones. The use is permitted within the High (H) Residential zone upon approval of a Conditional Use Permit.
Within the Resort Overlay, the Child Day Care Facility/Center use is permitted upon issuance of a Conditional Use Permit in the Transit (T), Mixed Use (MU), Recreation (REC), and the Mixed Use Overlay (MU Overlay) zones.
The Form-Based zone of Neighborhood Estates 2 (NE2) additionally does not permit the Child Day Care Facility/Center use.
The proposed text amendment is to alter the allowed land use tables provided in Tables
17.30.030-1, 17.38.060-1, and Table 17.136.020-1 to:
Expand the zones that allow the Child Day Care Facility/Center use, subject to issuance of a Minor Use Permit;
Reduce the level of review to a Minor Use Permit in zones where a Child Day Care Facility/Center use is already permitted with a Conditional Use Permit; Allow a Child Day Care Facility/Center as an accessory use to an approved assembly use upon issuance of a Minor Use Permit.
Specifically, the amendment to Table 17.30.030-1 would introduce a new table note (Note 17) which states “A Child Day Care Facility/Center use may be permitted as an accessory/secondary use to an approved Assembly use when located within the Very Low (VL), Low (L), Low Medium (LM), or Medium (M) Residential zones upon issuance of a Minor Use Permit.” An amendment to the land use allowances for the Medium High (MH) and High (H) Residential zones is also proposed such that both zones would be modified to allow the Child Day Care Facility/Center use upon approval of a Minor Use Permit.
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In addition, amendments to Table 17.38.060-1 would revise the required entitlement for a Child Day Care Facility/Center use in the Transit (T), Mixed Use (MU), Recreation (REC), and the Mixed Use Overlay (MU Overlay) zones of the Resort from a Conditional Use Permit to a Minor Use Permit.
Lastly, an amendment is proposed to Table 17.136.020-1 to include a new table note (Note 12) to the Child Day Care Facility/Center use which states “A Child Day Care Facility/Center use may be permitted as an accessory/secondary use to an approved Assembly Use when located within the Neighborhood Estates 2 (NE2) zone upon issuance of a Minor Use Permit.”
The proposed amendments are intended to reduce regulatory barriers and expand opportunities for child day care facilities/centers throughout the city. A study prepared by Upwards in 2024 identified a shortage of more than 10,000 childcare spaces for children ages zero to five within the city. Expanding the zones where these facilities are permitted, particularly in conjunction with existing Assembly uses, would help address the existing capacity gap. Increased access to childcare would also support workforce participation by enabling parents to enter or expand their involvement in the local economy. Modifying the permit requirements from a Conditional Use Permit (Planning Commission) to a Minor Use Permit (Planning Director) aligns the permitting requirements with similar uses, such as assembly use, private schools and private universities.
The City’s Community Development Block Grant 2025-2029 Consolidated Plan also highlights the insufficient number of child day care facilities/centers in the city. While the plan is related to public facility needs, a significant shortage in child day care facilities was still identified. Resident surveys also revealed that a top priority in the community would be to increase the number of child day care centers in the city. The proposed text amendments would help address this identified community need.
Staff also finds that allowing a Child Day Care Facility/Center as an accessory use to an assembly use would be complementary in nature and would not result in significant additional impacts.
Assembly uses typically operate during evenings and weekends, while child day care facilities and pre-schools primarily operate during weekday daytime hours. This separation in peak activity reduces the potential for traffic congestion and infrastructure strain at and near the site.
Additionally, Assembly uses, such as religious organizations, are generally subject to more intensive parking requirements than Child Day Care Facility/Center uses. Religious organizations require one parking space per three seats or one parking space per 35 square feet of main sanctuary area, whereas Child Day Care Facility/Center uses require one parking space per employee in addition to one space per five children. Given the less intensive parking demand of childcare uses, combined with the differing hours of operation, staff finds that sufficient parking capacity would be available and able to accommodate both uses without generating significant impacts.
Lastly, the proposed Development Code text amendment will align with the goals and vision outlined in the General Plan. Specifically, the amendment would implement Goal LC-3.10 (Economic Synergy) by allowing existing assembly uses to incorporate accessory/secondary child day care uses that complement, support, and enhance existing operations. While residential neighborhoods are primarily designed around housing, civic uses, such as fire stations, schools and churches are allowed to serve the neighborhood. Churches today are allowed to have K-8 schools but are not permitted to have preschool/day care as an accessory use. Adding this use expands the civic services offered by neighborhood churches and fills a gap in community needs.
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Environmental Analysis
The Planning Department staff have determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies as an exemption under State CEQA Guidelines Section 15061(b)(3), which includes activity covered by the common sense exemption when a project does not have potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project scope is to amend three tables within the Municipal Code in order to modify land use regulations pertaining to Child Day Care Facility/Center uses. The amendments would include expanding the zones that allow the Child Day Care Facility/Center use with approval of a Minor Use Permit, reducing the level of review from a Conditional Use Permit to a Minor Use Permit in specific zones that already allow for a Child Day Care Facility/Center use, and allowing a Child Day Care Facility/Center use as an accessory/secondary use to an approved Assembly use upon issuance of a Minor Use Permit.
The proposed amendments are administrative in nature and would not directly result in physical changes to the environment. Any further projects or actions facilitated by the amendments will be subject to site specific review and individual environmental evaluation, as required by the California Environmental Quality Act to determine if potential impacts will be generated.
Therefore, it can be seen with certainty that the proposed text amendments would not have the potential to cause a significant effect on the environment.
Correspondence
The subject item was advertised in the Inland Daily Bulletin Newspaper on June 3, 2026. As this item is a citywide action, individual public notices were not sent out to property owners and a posting was not placed onsite. As of today’s date, staff have not received any communication from the public regarding this item.
FISCAL IMPACT:
The proposed text amendment is not anticipated to result in a direct fiscal impact to the City.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
The proposed amendment addresses the City Council core value of family-oriented atmosphere as it would allow for additional child-care and early education programs to be introduced into the city, creating greater access to an essential service that promotes early childhood development and supports working parents.
ATTACHMENTS:
Attachment 1 – Redline Municipal Code Changes
Attachment 2 – Planning Commission Resolution 2026-013
Attachment 3 – Ordinance No. 1057
ATTACHMENT 1
Redlined Table 17.30.030-1 Allowed Land Uses and Permit Requirements by Base Zone
Land Use/Zoning
District VL L LM M MH H NI IE OS
C HR P FC/
UC
Service and Office Uses
Child Day Care
Facility/Center(16)(17
)
M/N M/N M/N M/N M M P P N N C N
Table Notes:
16. Minimum 1,000 feet from a use in an Industrial Zone that accommodates more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units (TRUs) per day, or where TRU unit operations exceed 300 hours per week.
17. A Child Care Facility/Center use may be permitted as an accessory use to an approved assembly use within the VL, L, LM, or M zones with a minor use permit.
Redlined Table 17.38.060-1: Allowed Land Uses and Permit Requirements by Placetype
Placetype VN CL UN T MU Re
c
MU
Overlay*
Retail, Service, and Office Uses
Child day care facility/center N N N M M M M
Redlined Table 17.136.020-1 Allowed Land Uses in Form-Based Zones Land
Use/Zoning
District
NE-2 NG3
L NG3 CE1 CE1-
SWC
ME
1 ME
2 CO
1 CO
2 CE2
L CE2
Service and Office Uses
Child Day Care
Facility/Center(12) M/N M M P P M M M M M P
Notes:
12. A Child Day Care Facility/Center use may be permitted as an accessory use to an approved assembly use within the NE2 zone with a minor use permit.
ATTACHMENT 1
ATTACHMENT 2
EXHIBIT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
APPROVING DEVELOPMENT CODE AMENDMENT DRC2026 -
00029, AMENDING TABLES 17.30.030-1, 17.38.060-1, AND
17.136.020-1 OF CHAPTERS 17.30, 17.38, AND 17.136,
RESPECTIVELY, OF TITLE 17 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE TO AMEND THE PERMIT REQUIREMENTS
FOR CHILD- CARE FACILITY/CENTER USES, MAKING
FINDINGS IN SUPPORT THEREOF, AND FINDING AN
EXEMPTION FROM CEQA UNDER SECTION 15061(B)(3) OF
THE CEQA GUIDELINES.
I. Recitals.
A. The City of Rancho Cucamonga (the “City”) is proposing to amend the Development Code to expand the zones that allow Child Day Care Facilities/Centers upon approval of a Minor Use Permit, reduce the level of review to a Minor Use Permit when already permitted with a Conditional Use Permit, or allow child day care facilities/centers as an accessory/secondary use upon approval of a Minor Use Permit when an approved Assembly use is present in conventional residential zones, the Resort Overlay zones, and a form-based zone.
B. The City has prepared Development Code Amendment (DRC2026- 00029), as described in the title of this Ordinance, to amend Municipal Code Table 17.30.030 -1, Table
17.38.060-1, and Table 17.136.020 -1 to amend the permit requirements for a Child Day Care Facility/Center use. Hereafter in this Ordinance, the subject Development Code amendment is referred to as the “Amendment.”
C. On May 27, 2026, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the Amendment, opened and concluded the hearing on that date, and thereafter, adopted Planning Commission Resolution No. 2026 -013, recommending that the City Council adopt the Amendment.
D. On June 17, 2026, the City Council conducted a duly noticed public hearing on the Amendment and concluded the hearing on that date.
E. All legal prerequisites prior to the adoption of this Ordinance have occurred.
II. Findings.
A. The City Council hereby finds that all of the facts set forth in the Recitals, Part I of this Ordinance, are true and correct.
B. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing on June 17 , 2026, including written and oral staff reports, together with public testimony, the City Council hereby finds as follows:
1. The Tables of the Development Code subject to the Amendments are as follows, and as set forth in Exhibit 1:
a. Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) of Section 17.30.030 (Allowed Land Uses and Permit Requirements) of Chapter
17.30 (Allowed Land Use by Base Zone) of Article III (Zones, Allowed Uses, and Development Standards) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby amended to amend the permit requirements by Base Zone for child day care facility/center uses and add a new footnote 17 concerning child day care facility/center uses; b. Table 17.38.060-1 (Allowed Land Uses and Permit Requirements by Placetype) of Section 17.38.060 (The Resort) of Chapter 17.38 (Overlay Zones and Other Special Planning Areas) of Article III (Zones, Allowed Uses, and Development Standards) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby amended to amend the permit requirements by Placetype for child-care facility/center uses; and c. Table 17.136.020-1 (Allowed Land Uses in Form -Based Zones) of Section 17.136.020 (Allowed Land Uses) of Chapter 17.136 (Land Use Standards) of Article VIII (Form-Based Zones) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby amended to add a new footnote 12 to child-care facility/center use.
2. The Amendments conform to and do not conflict with the goals, policies, and implementation programs of the General Plan, including, without limitation, the Housing and Land Use Elements thereof, and will provide for development in a manner consistent with the General Plan.
3. The proposed Amendment is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the State’s 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 Amendment, as described in this Part II of and Exhibit A to this Resolution, will have a significant effect on the environment. The proposed Amendment is administrative processes 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 Amendment and the proposed CEQA determination, and based on its own independent judgment, finds that the Amendment is not subject to, or exempt from, the requirements of CEQA and the State CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3).
III. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1. Based upon the findings and conclusions set forth in Part II above, the City Council hereby adopts the Amendments as set forth in Exhibit A and incorporated herein by this reference.
SECTION 2. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason be held 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.
SECTION 3. 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.
SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this 17th day of June, 2026.
L. Dennis Michael
Mayor
I, KIM SEVY, 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 17th day of June, 2026, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ATTEST:
City Clerk
Exhibit 1
1. Added to and Amended Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) of Section 17.30.030 (Allowed Land Uses and Permit Requirements) of Chapter 17.30 (Allowed Land Use by Base Zone) of Article III (Zones, Allowed Uses, and Development Standards) of Title 17 (Development Code):
TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS
BY BASE ZONE
Land Use/Zoning District VL L LM M MH H NI IE OSC HR P FC/UC Child Day Care
Facility/Center(16)(17)
M/N M/N M/
N
M/
N
M M P P N N C N
Table Notes:
17. A Child Day Care Facility/Center use may be permitted as an accessory use to an approved assembly use when located within the VL, L, LM, or M zones with a minor use permit.
2. Amended Table 17.38.060-1 (Allowed Land Uses and Permit Requirements by Placetype) of Section 17.38.060 (The Resort) of Chapter 17.38 (Overlay Zones and Other Special Planning Areas) of Article III (Zones, Allowed Uses, and Development Standards) of Title 17 (Development Code):
TABLE 17.38.060-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS BY
PLACETYPE
Placetype VN Cl UN T MU Rec MU Overlay*
Retail, Service, and Office Uses
Child Day Care
Facility/Center
N N N M M M M
3. Amended Table 17.136.020-1 (Allowed Land Uses In Form-Based Zones) of Section 17.136.020 (Allowed Land Uses) of Chapter 17.136 (Land Use Standards) of Article VIII (Form-Based Code) of Title 17 (Development Code):
Land Use/Zoning
District
NE-
2 NG3
L
NG
3 CE1 CE1-
SWC
ME1 ME2 CO1 CO2 CE2
L
CE2
Child Day Care
Facility/Center(12)
M/
N
M M P P M M M M M P
Table Notes:
12. A Child Day Care Facility/Center use may be permitted as an accessory use to an approved Assembly use within the NE2 zone with a minor use permit.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
DEVELOPMENT CODE AMENDMENT DRC2026-0 0029,
AMENDING TABLES 17.30.030-1, 17.38.060-1, AND
17.136.020-1 OF CHAPTERS 17.30, 17.38, AND
17.136, RESPECTIVELY, OF TITLE 17 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE TO AMEND THE PERMIT
REQUIREMENTS FOR CHILD-C ARE FACILITY/CENTER
USES, MAKING FINDINGS IN SUPPORT THEREOF,
AND FINDING AN EXEMPTION FROM CEQA UNDER
SECTION 15061(B)(3) OF THE CEQA GUIDELINES
I. Re
citals.
A. The City of Rancho Cucamonga (the “City”) is proposing to amend the Development Code to expand the zones that allow Child Day Care Facilities/Centers upon approval of a Minor Use Permit, reduce the level of review to a Minor Use Permit when already permitted with a Conditional Use Permit, or allow child day care facilities/centers as an accessory/secondary use upon approval of a Minor Use Permit when an approved Assembly use is present in conventional residential zones, the Resort Overlay zones, and a form-based zone.
B. The City has prepared Development Code Amendment (DRC2026- 00029), as described in the title of this Ordinance, to amend Municipal Code Table 17.30.030 -1, Table
17.38.060-1, and Table 17.136.020 -1 to amend the permit requirements for a Child Day Care Facility/Center use. Hereafter in this Ordinance, the subject Development Code amendment is referred to as the “Amendment.”
C. On May 27, 2026, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the Amendment, opened and concluded the hearing on that date, and thereafter, adopted Planning Commission Resolution No. 2026 -013, recommending that the City Council adopt the Amendment.
D. On June 17, 2026, the City Council conducted a duly noticed public hearing on the Amendment and concluded the hearing on that date.
E. All legal prerequisites prior to the adoption of this Ordinance have occurred.
II. Findings.
A. The City Council hereby finds that all of the facts set forth in the Recitals, Part I of this Ordinance, are true and correct.
B. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing on June 17 , 2026, including written and oral staff reports, together with public testimony, the City Council hereby finds as follows:
1. The Tables of the Development Code subject to the Amendments are as follows, and as set forth in Exhibit 1:
ATTACHMENT 3
a. Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) of Section 17.30.030 (Allowed Land Uses and Permit Requirements) of Chapter
17.30 (Allowed Land Use by Base Zone) of Article III (Zones, Allowed Uses, and Development Standards) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby amended to amend the permit requirements by Base Zone for child day care facility/center uses and add a new footnote 17 concerning child day care facility/center uses; b. Table 17.38.060-1 (Allowed Land Uses and Permit Requirements by Placetype) of Section 17.38.060 (The Resort) of Chapter 17.38 (Overlay Zones and Other Special Planning Areas) of Article III (Zones, Allowed Uses, and Development Standards) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby amended to amend the permit requirements by Placetype for child-care facility/center uses; and c. Table 17.136.020-1 (Allowed Land Uses in Form -Based Zones) of Section 17.136.020 (Allowed Land Uses) of Chapter 17.136 (Land Use Standards) of Article VIII (Form-Based Zones) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby amended to add a new footnote 12 to child-care facility/center use.
2. The Amendments conform to and do not conflict with the goals, policies, and implementation programs of the General Plan, including, without limitation, the Housing and Land Use Elements thereof, and will provide for development in a manner consistent with the General Plan.
3. The proposed Amendment is exempt from the requirements of the California Environmental Quality Act (“CEQA”) and the State’s 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 Amendment, as described in this Part II of and Exhibit A to this Resolution, will have a significant effect on the environment. The proposed Amendment is administrative processes 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 Amendment and the proposed CEQA determination, and based on its own independent judgment, finds that the Amendment is not subject to, or exempt from, the requirements of CEQA and the State CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3).
III. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1. Based upon the findings and conclusions set forth in Part II above, the City Council hereby adopts the Amendments as set forth in Exhibit A and incorporated herein by this reference.
SECTION 2. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason be held 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.
SECTION 3. 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.
SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this 17th day of June, 2026.
L. Dennis Michael
Mayor
I, KIM SEVY, 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 17th day of June, 2026, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ATTEST:
City Clerk
Exhibit 1
1. Added to and Amended Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) of Section 17.30.030 (Allowed Land Uses and Permit Requirements) of Chapter 17.30 (Allowed Land Use by Base Zone) of Article III (Zones, Allowed Uses, and Development Standards) of Title 17 (Development Code):
TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS
BY BASE ZONE
Land Use/Zoning District VL L LM M MH H NI IE OSC HR P FC/UC Child Day Care
Facility/Center(16)(17)
M/N M/N M/
N
M/
N
M M P P N N C N
Table Notes:
17. A Child Day Care Facility/Center use may be permitted as an accessory use to an approved assembly use when located within the VL, L, LM, or M zones with a minor use permit.
2. Amended Table 17.38.060-1 (Allowed Land Uses and Permit Requirements by Placetype) of Section 17.38.060 (The Resort) of Chapter 17.38 (Overlay Zones and Other Special Planning Areas) of Article III (Zones, Allowed Uses, and Development Standards) of Title 17 (Development Code):
TABLE 17.38.060-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS BY
PLACETYPE
Placetype VN Cl UN T MU Rec MU Overlay*
Retail, Service, and Office Uses
Child Day Care
Facility/Center
N N N M M M M
3. Amended Table 17.136.020-1 (Allowed Land Uses In Form-Based Zones) of Section 17.136.020 (Allowed Land Uses) of Chapter 17.136 (Land Use Standards) of Article VIII (Form-Based Code) of Title 17 (Development Code):
Land Use/Zoning
District
NE-
2 NG3
L
NG
3 CE1 CE1-
SWC
ME1 ME2 CO1 CO2 CE2
L
CE2
Child Day Care
Facility/Center(12)
M/
N
M M P P M M M M M P
Table Notes:
12. A Child Day Care Facility/Center use may be permitted as an accessory use to an approved Assembly use within the NE2 zone with a minor use permit.
DATE:June 17, 2026
TO:Mayor and Members of the City Council
President and Members of the Boards of Directors
FROM:Elisa C. Cox, City Manager
INITIATED BY: Julie A. Sowles, Deputy City Manager
Robert H. Neiuber, Human Resources Director
Emily Nielsen, Senior Human Resources Business Partner
SUBJECT: Public Hearing before the City and Rancho Cucamonga Fire Protection District in Compliance with Assembly Bill 2561/Government Code Section 3502.3: Local Public Employees Vacancy Report. (CITY/FIRE) RECOMMENDATION:
Staff recommends the City Council/Fire Board receive the presentation for information purposes and conducts the public hearing. The City and Fire District's recognized employee organizations were notified of their opportunity to speak at the public hearing.
BACKGROUND:
On September 22, 2024, Governor Newsom signed Assembly Bill 2561 (AB 2561) into law, which became effective January 1, 2025.
AB 2561 imposed three requirements on local agencies:
1. Hold a public hearing before the governing body every year and present information on vacancies, recruitment and retention efforts, and obstacles in the hiring process;
2. Hold a public hearing and present additional information regarding vacancies, if the vacancy rate for full-time positions in a bargaining unit is at least 20%; and
3. Allow employee organizations to make presentations at the hearing.
ANALYSIS:
The vacancy rates as of December 31, 2025, are:
Bargaining Groups
# of
employees
# Budgeted
Positions
Vacancy
Percentage
Executive Management Group 16 18 11.11%
Rancho Cucamonga City Management Association 29 36 19.44% Rancho Cucamonga City Employees Association 212 240 11.67% Teamsters Local 1932 105 111 5.41%
City total 362 405 10.62%
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The mid-year date was used as it provides a consistent benchmark halfway through each fiscal year. Last year’s City and Fire District overall vacancy rate was 10.22% The City and District’s recruitment and retention efforts focus on fostering inclusive and transparent hiring practices that utilize our website, community events, career fairs, governtmentjobs.com, specialty/industry/professional job boards, and social media outreach to attract a wider candidate pool. Partnering with other Departments, the Economic Development Department’s PathwaysRC initiative has broadened that community outreach. The City continues to proactively review and update job qualifications and selection criteria and focus on talent acquisition best practices. On the retention front, the City is emphasizing a supportive employee experience and championing professional development including the use of the City’s My Action Plans (MAPS) which are generated by the employees.
The City and District’s vacancy rates are below 20% for all the City and District recognized bargaining units.
FISCAL IMPACT:
There are no fiscal impacts associated with conducting the public hearing.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the City’s vision to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.
ATTACHMENTS:
None.
Fire Management Employees Group 12 12 0.00%
Fire Union Local 2274 106 108 1.85%
Fire Support Services Association 23 26 11.54%
Fire District Total 141 146 3.42%
City and Fire District Total 503 551 8.71%
DATE: June 17, 2026
TO: Mayor and Members of the City Council
FROM: Elisa C. Cox, City Manager
INITIATED BY: Julie A. Sowles, Deputy City Manager
Ashton R. Arocho, MMC, City Clerk Services Director
Jasmin Oriel, CMC, Management Analyst
SUBJECT: Update on SB 707 and Adoption of the City Council Policy for Disruption of Telephonic or Internet Service During City Council Meetings. (RESOLUTION NO. 2026-050) (CITY)
RECOMMENDATION:
Staff recommends the City Council:
1. Adopt the City Council Policy for Technology Disruption Policy in compliance with Government Code Section 54953.4.
2. Adopt a Resolution amending the rules of decorum and order that promote civility at all public meetings.
BACKGROUND:
The Ralph M. Brown Act establishes requirements for open meetings of local legislative bodies.
On October 3, 2025, Governor Gavin Newsom signed Senate Bill 707 (SB 707) into law, amending the Brown Act to promote greater diversity and public engagement in City Council meetings, including those conducted by the City of Rancho Cucamonga.
This is an unfunded state mandate that directly limits local control by requiring cities to redirect staff capacity and reorganize internal workflows to meet externally imposed requirements, regardless of local priorities or resource constraints. Furthermore, this is a requirement imposed strictly to local public agencies (such as city councils, county boards, and special districts) and not on the State itself.
ANALYSIS:
SB 707 updates Brown Act provisions related to teleconferencing, including requirements for remote participation, accessibility, and procedures for addressing disruptions to meeting access during Regular and Special City Council meetings.
Technology Disruption Policy
Government Code Section 54953.4 requires the City Council to adopt, by July 1, 2026, a Technology Disruption Policy. The policy must address procedures for responding to disruptions of telephonic or internet service during a meeting and the efforts the legislative body will make to restore service.
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The statute further requires that if a disruption occurs that prevents members of the public from observing or participating in a City Council meeting through the two-way telephonic platform, the City Council must recess the open session for at least one hour and make a good faith effort to restore service. During this time, the City Council may meet in closed session, as permitted by law.
The City Council may not reconvene open session until at least one hour has passed or service has been restored, whichever occurs first. If service has not been restored upon reconvening, the City Council must make findings by roll call vote that good faith efforts were made to restore access and that the public interest in continuing the meeting outweighs the public interest in providing remote access. Alternatively, the meeting may be adjourned.
The proposed policy incorporated these requirements and establishes procedures to ensure transparency and continuity of meetings in the event of a technology disruption during a City Council meeting, while maintaining flexibility to respond based on the specific circumstances.
Rules of Decorum
Back in 2023, the City Council adopted Resolution No. 2023-086 adopting the Rules of Decorum.
Due to the inclusion of having public comments received via two-way telephonic service, a modification to the Rules of Decorum is proposed under Exhibit A, Section C, Subsection 4 of proposed Resolution No. 2026-050 to add language clarifying that if a person participating in a Public Meeting via a two-way telephonic service, continues to violate the Rules of Decorum after receiving a warning, the Presiding Officer may mute or disable the individual’s audio connection, as appropriate, to resolve the disruption.
Reasonable Efforts for Outreach
Government Code Section 54953.4 requires the City Council to determine what constitutes “reasonable efforts” to encourage participation in City Council meetings, particularly among underrepresented communities and non-English-speaking communities.
The City’s approach to outreach may include inviting participation in City Council meetings from media organizations serving the city, including those serving non-English-speaking communities, as well as civic, neighborhood, community-based, civil rights, and good government organizations.
The statute provides the City Council with broad discretion in defining those reasonable efforts and clarifies that failure to provide notice to any specific group does not create a basis for legal action.
Language Translation and Interpretation and Public Participation SB 707 also requires translation of agendas and public meetings information webpages into “applicable languages” based on the most recent American Community Survey (ACS) data of the population served. “Applicable languages” are defined as any language spoken jointly by 20% or more of an applicable population that speaks English less than “very well” according to ACS data.
Staff has reviewed and based on the criteria; Rancho Cucamonga does not meet a 20% threshold in any language outside of English.
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SB 707 also requires public agencies to reasonably assist any member of the public who wishes to translate a meeting or wishes to receive interpretation provided by another member of the public, so long as the interpretation does not disrupt the meeting. Reasonable assistance may include arranging space for interpreters at the meeting location, allowing extra time during the meeting for interpretation, or ensuring that participants may use personal equipment or reasonably access commercially available interpretation services.
The City is also required to provide a physical location where members of the public may post additional translations of meeting agendas in reasonable proximity to the location where official City Council agendas are posted. Currently, meeting agendas are displayed on locked bulletin boards outside Council Chambers. The City Clerk Services Department has identified an adjacent posting board that will be made available for members of the public to post alternative translated agendas for City Council meetings.
Teleconferencing
The Brown Act now expressly allows teleconferencing by a member as an accommodation under the Americans with Disabilities Act (ADA), as well as a limited number of instances of remote participation due to “just cause” which may be used up to five to seven times per calendar year, depending on the number of regular meetings held per month. Under this provision, each Council Member can participate remotely for “just cause” up to five times per year.
ADA-related teleconferencing must be provided when applicable legal requirements are met, whereas participation based on “just cause” is subject to the statutory annual limit. “Just cause” includes circumstances such as childcare or caregiving needs; a contagious illness; a physical or mental condition; travel on official business; the need to care for an immunocompromised family member; a personal or family medical emergency; or military service obligations that prevent in- person attendance. Each Council Member has an unlimited number of times that they can participate remotely pursuant to the traditional teleconferencing statute, Government Code Section 54953, as long as they and the City Council comply with the requirements of that statute.
There is also no limit for the number of times a Council Member can participate remotely as an accommodation for a disability.
FISCAL IMPACT:
The fiscal impact in terms of direct purchasing remains minimal, limited to acquiring a public posting bulletin board and any necessary translation-related expenses, as the City has gone to great efforts to use various existing technologies instead of purchasing a new all-in-one solution.
However, SB 707 constitutes an unfunded mandate that will substantially affect City operations.
Compliance with the bill requires extensive staff time to revise agendas, update policies, and modify internal processes. With the implementation of 707, increased staff time will be needed for the preparation and coordination efforts to meet the teleconferencing requirements, especially when Council or other public meetings are held outside the Council Chambers. State mandates of this nature directly limit local control by requiring local governments to redirect staff capacity and reorganize internal workflows to meet externally imposed requirements, regardless of local priorities or resource constraints. The City may also incur future costs to update or enhance existing systems to maintain compliance as requirements evolve.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
Compliance with SB 707 supports the City’s commitment to its Core Values by strengthening community engagement through increased transparency and accessibility in public processes.
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ATTACHMENTS:
Attachment 1 – Technology Disruption Policy
Attachment 2 – Resolution No. 2026-050 RE: Rules of Decorum
CITY OF RANCHO CUCAMONGA
INTERNET SERVICE AND TELEPHONIC SERVICE DISRUPTION POLICY
POLICY NO:
PAGE: 1 OF 4
EFFECTIVE: 07/01/2026
REVISED: N/A
APPROVED:
PURPOSE:
To establish the City of Rancho Cucamonga’s required procedures for addressing disruptions to telephonic or internet services during City Council hybrid meetings, as mandated by Government Code Section 54953.4 and Senate Bill 707, ensuring continued public access and compliance with the Brown Act.
BACKGROUND:
The Ralph M. Brown Act, commonly known as the “Brown Act,” is California’s “sunshine” law for local government. The Brown Act is found in the California Government Code commencing with Section 54950. In 2025, the California Legislature passed Senate Bill 707 (“SB 707”), which was signed into law on October 3, 2025 and is effective January 1, 2026. SB 707 enacted an extensive modernization of the Brown Act.
SB 707 adds a new Section 54953.4 that requires specific actions be taken by an “eligible legislative body” to make meetings more accessible to the public. An “eligible legislative body” is defined in Section 54953.4(e)(2) and as applied to the City of Ra ncho Cucamonga, the City Council is an eligible legislative body.
Starting on July 1, 2026, public meetings held by an eligible legislative body are required to include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform (such as Zoom), commonly referred t o as a “hybrid meeting.” The only exception is if adequate telephonic or internet service is not operational at the meeting location.
In conjunction with hybrid meetings, SB 707 requires the City Council on or before July 1, 2026, approve a policy regarding the disruption of telephonic or internet services occurring during the meeting. The adoption of such policy must occur at a noticed public meeting of the City Council in open session and not as an item on the consent calendar.
The purpose of this policy is to adopt the “Internet Service and Telephonic Service Disruption Policy” in the manner and content required by Section 54953.4(b)(1)(A)(i)(I) and (II).
ATTACHMENT 1
INTERNET SERVICE AND TELEPHONIC SERVICE DISRUPTION POLICY
CITY OF RANCHO CUCAMONGA TELECONFERENCE MEETING DISRUPTION POLICY
1. Designation of Responsible Person of the City’s Two-Way Audiovisual Platform or Two-Way Telephonic Service: The City Manager or his/her designee shall identify a City employee or vendor who is responsible for operating the two- way audiovisual platform or two- way telephonic service, referred to herein as the “Hybrid Platform”, at noticed public meetings of the City Council (“Responsible Person”). Typically, the Responsible Person handles the operation of the microphones, cameras and other audio visual equipment and/or telephonic or voice equipment during City Council meetings and ensures that the Hybrid Platform has connectivity so that the meeting is displayed, both visually and with audio, in the case of an audiovisual platform such as Zoom or Teams, or telephoni cally if a telephonic system is utilized.
2. Role of the City Clerk. During City Council meetings, staff from the City Clerk Services Department (collectively referred to in this policy as the City Clerk) are designated to operate the Hybrid Platform to ensure the recording of the City Council meeting and for interacting with the Hybrid Platform to receive and record public comments. The City Clerk works within the Hybrid Platform as the meeting host to queue speakers who desire to provide public comment, admit speakers into the meeting when it is their turn to speak and thereafter remove said speakers, interact with the speakers as needed, including muting and unmuting speakers, and closes the queue when the public comment period ends. If a telephonic system is used, the City Clerk conducts the same or similar activities. The City Clerk interacts with the Mayor so that speakers who participate virtually or telephonically are called upon by the Mayor to provide their comments.
3. Disruption of the Hybrid Platform - Notification to the Mayor. If the Responsible Person or the City Clerk determines at any time during the City Council meeting that the Hybrid Platform is experiencing technical difficulties such that there is no telephonic or internet service in order for the Hybrid Platform to be operational, or there is a disruption or other technical issue that makes two -way remote participation not possible during the City Council meeting (for example, the City Council meeting is no longer able to be observed or heard by the public via the Hybrid Platform or the public is unable to virtually or telephonically attend the City Council meeting via the Hybrid Platform), the Responsible Person or the City Clerk shall immediately inform the Mayor or the presiding officer if the Mayor is not in attendance at the meeting, that the Hybrid Platform has been disrupted and a recess is required in order to restore service to the Hybrid Platform.
4. Announcement by the Mayor. The Mayor or presiding officer shall make an announcement regarding the need to call a recess because there is a disruption or other technical issue that has rendered the Hybrid Platform non-operational preventing two-way virtual or telephonic remote participation. After such announcement, the Mayor or presiding officer shall call for a recess and inform the in- person audience that under the Brown Act, the recess may last for up to an hour or until the service is restored to the Hybrid Platform. Pursuant to the Brown Act, the City Council is required to recess the open session of the City Council meeting for at least one hour following the disruption, or until telephonic or internet service is restored, whichever is earlier.
INTERNET SERVICE AND TELEPHONIC SERVICE DISRUPTION POLICY
5. Recordation of the Time Recess is Called. The City Clerk shall physically in writing record the time when the recess is called by the Mayor or the presiding officer if the Mayor is not in attendance at the meeting.
6. Good Faith Attempt to Restore Service to the Hybrid Platform. During the recess, the Responsible Person and/or the City Clerk and any other member of City Staff shall make a good faith attempt to restore service to the Hybrid Platform. This includes troubleshooting any issues impacting connectivity including but no t limited to the following: internet or telephonic connectivity issues (for example, check the connection, check the connection speed, test the internet bandwidth, contact the internet or telephonic provider, etc.), or audio or video quality concerns or we bcam and audio issues (check settings of equipment and/or Hybrid Platform, check connections and cables, check app permissions (if applicable), ensure webcams or other cameras not blocked, adjust camera settings, test of audio, reinstall app or program (if applicable) etc.).
7. Troubleshooting Hybrid Platform is Successful. If the Responsible Person, City Clerk, or any other member of City Staff is successful in restoring the service to the Hybrid Platform within one hour of when the recess was called, the City Clerk shall inform the Mayor or presiding officer that the matt er has been resolved. The Mayor or presiding officer shall then reconvene the City Council meeting and shall inform the public that service has been restored to the Hybrid Platform. The City Clerk shall physically in writing record the time of when the City Council meeting is reconvened.
8. Troubleshooting Hybrid Platform is Not Successful. If the Responsible Person, City Clerk, or any other member of City Staff was not successful in restoring the service to the Hybrid Platform within one hour of when the recess was called, the City Clerk shall inform the Mayor or presiding officer that aft er making a good faith attempt to restore service, service to the Hybrid Platform was unable to be restored. The City Clerk shall give a description of the efforts made to restore service. The City Clerk shall physically in writing record the time of when the City Council meeting is reconvened.
9. Reconvening the Open Session of the City Council Meeting. The Mayor or presiding officer shall subsequently reconvene the City Council meeting. Upon reconvening the meeting, the Mayor or presiding officer shall inform the City Council and the public that services to the Hybrid Platform were unable to be restore d and the Mayor or presiding officer shall request that a finding be made as follows: (i) that good faith efforts to restore the telephonic or internet service have been made in accordance with the C ity’s Internet Service and Telephonic Service Disruption Policy; and (ii) that the public interest in continuing the meeting outweighs the public interest in remote public access. The Mayor or presiding officer shall call for a motion, ask for a second and ask the City Clerk to take a roll call vote. If the motion making the finding is passed, the City Council may continue the City Council meeting.
10. Certain Meetings Exempt. The requirement set forth in Government Code Section 54953.4 that open and public meetings shall include an opportunity for members of the public to attend the City Council meeting via a two -way remote system (either telephonically or via an audiovisual platform), does not apply to the following meetings:
INTERNET SERVICE AND TELEPHONIC SERVICE DISRUPTION POLICY
(i) a meeting to attend a judicial or administrative proceeding to which the City is a party; (ii) a meeting to inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal property; (iii) a meeting with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the city and over which the federal or state officials have jurisdiction; (iv) a meeting in or nearby a facility owned by the City, provided that the topic of the meeting is limited to items directly related to the facility; and (v) a meeting in an emergency situation pursuant to Government Code Section 54956.5.
11. Closed Session During a Recess. During the recess described herein, the City Council may meet in closed session during this period for items listed in the closed session agenda for that meeting.
Resolution No. 2026-050 - Page 1 of 4
RESOLUTION NO. 2026-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING REVISED RULES OF DECORUM
AND ORDER THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS , AND RESCINDING RESOLUTION NO. 2023-086
WHEREAS, a majority of Americans believe that our society is increasingly uncivil and that this problem is particularly acute and particularly detrimental in national, state , and local political arenas where it threatens government’s ability to function democratically and effectively.
WHEREAS, in an effort to address this national trend many cities have approved policies to promote civility and maintain decorum at local public meetings.
WHEREAS, the Rancho Cucamonga City Council is committed to the democratic process, individual rights of expression, robust debate, and tolerance for disparate views.
WHEREAS, from time to time, the City Council, the City’s commissions and committees, and other City bodies convene public meetings to address controversial issues that can engender passionate and conflicting opinions.
WHEREAS, an atmosphere of incivility and disrespect at these meetings can stifle participation and debate, threaten the quality of decisions , and undermine the local democratic process.
WHEREAS, in 2022, the Legislature adopted, and the Governor signed, SB 1100 in order to limit disruptive behavior at public meetings, consistent with the Brown Act and the California and United State Constitutions.
WHEREAS, SB 1100 defines disruptive behavior to include, among other things, a repeated failure to comply with reasonable and lawful regulations applicable to public meetings.
WHEREAS, in 2025, the Legislature adopted, and the Governor signed, SB 707 to expand accessibility to, and encourage public participation in, public meetings , including requiring that certain public meetings allow public participation through two- way telephonic or audio-visual platforms. SB 707 also extended regulations that limit disruptive behavior at public meetings to apply to members of the public who attend such meetings via two-way telephonic or audio-visual platforms.
WHEREAS, adopting rules of decorum and order applicable to all public meetings within the City will help the City implement SB 1100 and ensure that civic engagement and local democracy continue to flourish in the City.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
1. All facts set forth in Part A, Recitals, of this Resolution are true and correct.
2. Resolution No. 2023-086 is hereby rescinded.
ATTACHMENT 2
Resolution No. 2026-050 - Page 2 of 4
3. The City Council hereby approves and adopts the Rules of Decorum and Order at Public Meetings set forth in Exhibit A, which is attached hereto and incorporated herein by this reference.
4. All prior meeting rules of decorum and order adopted previously by the City Council are superseded by this Resolution. In the event of any conflict between the rules set forth in Exhibit A and the rules, standards, or other policies of other City Commissions, Committees, and other Boards, the provisions of Exhibit A shall control.
5. This Resolution is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
6. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, and ADOPTED this ______ day of _______, 2026.
Resolution No. 2026-050 - Page 3 of 4
EXHIBIT A
RULES OF DECORUM AND ORDER AT PUBLIC MEETINGS
A. General Guidelines
The City has numerous public meetings such as City Council meetings, Commission meetings, and Committee meetings (hereinafter “Public Meetings ”). In order to safeguard participatory democracy in the City, all persons attending Public Meetings should strive to:
• Treat everyone courteously
• Listen to others respectfully
• Exercise self-control
• Give open-minded consideration to all viewpoints
• Focus on the issues and avoid personalizing debate
• Embrace respectful disagreement and dissent as democratic rights that are inherent components of an inclusive public process and tools for forging sound decisions.
B. Rules of Decorum
1. No person attending a Public Meeting shall engage in disorderly or boisterous conduct—including but not limited to applause, whistling, stamping of feet, booing, or making any loud, threatening, profane, abusive, personal, impertinent, or slanderous utterance— that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting.
2. All remarks by members of the public shall be addressed to the Council, Commission, or Committee and not to any other member of the public.
3. Signs, placards, banners, or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item disturbs, disrupts , or otherwise impedes the orderly conduct of the meeting.
4. All persons attending a Public Meeting shall remain seated in the seats provided, unless addressing the body at the podium or entering or leaving the meeting.
5. All persons attending a Public Meeting shall obey any lawful order of the Presiding Officer to enforce the Rules of Decorum.
6. In accordance with the Brown Act, all persons addressing the body that is conducting the Public Meeting shall limit their comments to items on the meeting agenda or any matter that is within the subject matter jurisdiction of the body.
7. The Presiding Officer may establish such rules as are necessary to control public debate to avoid irrelevant or repetitive remarks. No member of the public shall speak more than once during the same meeting as to the same agenda item or other matter, nor longer than 3 minutes at a time without leave of the Presiding Officer. The Presiding Officer may establish a shorter time period for speakers if announced before the beginning of the agenda item or public comment period.
Resolution No. 2026-050 - Page 4 of 4
C. Enforcement of the Rules of Decorum
1. The Presiding Officer shall be responsible for maintaining the decorum at the Public Meeting and uniformly enforcing the Rules of Decorum.
2. In the event that any person breaches the Rules of Decorum in a manner that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting, the Presiding Officer or their designee shall warn the person that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal . A warning shall not be required if the person is engaging in behavior that constitute a use of force or a true threat of force, as defined in Government Code Section 54957.95(b)(2).
3. If any person continues to breach the Rules of Decorum in a manner that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting following a warning from the Presiding Officer or their designee to cease the offending conduct, the Presiding Officer or their designee may remove, or cause the removal of, such person for disrupting the meeting.
4. If a person is attending a Public Meeting via a two-way audio-visual online platform or two- way telephonic service and continues to breach the Rules of Decorum after receiving a warning, the Presiding Officer may order such person’s audio or visual connect ion to the meeting be muted or turned off as appropriate to resolve to the disruption of the meeting.
5. If any person refuses to leave the Public Meeting following an order from the Presiding Officer or their designee to do so, the Presiding Officer or their designee may order any law enforcement officer on duty to remove that person from the Public Meeting.
The City Council, all City Commissions and Committees, and City staff shall promote the use of and adherence to these rules guidelines for behavior at all public meetings within the City.
DATE: June 17, 2026
TO: Mayor and Members of the City Council
FROM: Elisa C. Cox, City Manager
INITIATED BY: Peter Castro, Deputy City Manager
Jennifer Nakamura, CNU-A, Planning Director
SUBJECT: Consideration of Appointment of Nathan Cooke to the Planning Commission. (CITY)
RECOMMENDATION:
Staff recommend the City Council accept the nomination of the Community Development Subcommittee and appoint Nathan Cooke to the Planning Commission to fill one vacancy consisting of an unexpired term through December 31, 2029, and to place Grant Leggette and Natalie Ikhrata on the 12-month eligibility list.
BACKGROUND:
On March 23, 2026, Planning Commission Vice Chair James Daniels resigned for personal issues. Notice of vacancy was posted as required by the Maddy Act (set forth in Government Code Section 54970).
ANALYSIS:
On April 20, 2026, the City Clerk’s Office initiated a notice of recruitment. The recruitment period closed on May 7, 2026, with 34 applications. The Community Development Subcommittee (Michaels/Kennedy) reviewed the applications and selected 6 candidates to interview. Interviews took place on Thursday, May 28, 2026, at 2:00 p.m. at City Hall. At the conclusion of the interviews, the Subcommittee unanimously recommended Nathan Cooke for appointment to the Planning Commission to fill James Daniels remaining term, ending December 31, 2029. The Subcommittee identified two additional individuals, Grant Leggette and Natalie Ikhrata, to add to an eligibility list if there is another vacancy within the next 12 months.
FISCAL IMPACT:
This item has no budget impact.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item meets the Council Core Value of courageous leadership in service to the community.
ATTACHMENTS:
None.