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Home My WebLink About2019/02/20 - Agenda Packet AGENDA FIRE PROTECTION DISTRICT BOARD-HOUSING SUCCESSOR AGENCY - SUCCESSOR AGENCY - PUBLIC FINANCE AUTHORITY - CITY COUNCIL Wednesday, February 20, 2019 10500 Civic Center Drive Rancho Cucamonga, CA 91730 REGULAR MEETINGS: 1st and 3rd Wednesdays - 7:00 P.M. ORDER OF BUSINESS: CLOSED SESSION TAPIA CONFERENCE ROOM 5:00 P.M. REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M. MEMBERS: MAYOR L. Dennis Michael CITY MANAGER John R. Gillison MAYOR PRO TEM Lynne B. Kennedy CITY ATTORNEY James L. Markman COUNCIL MEMBERS Ryan A. Hutchison Kristine D. Scott Sam Spagnolo CITY CLERK CITY TREASURER Janice C. Reynolds James C. Frost Rancho Cucamonga City Council Mission Statement Make decisions, and be perceived as making decisions, for the general welfare of the community. Always work to improve existing services and develop policies to meet the expected as well as anticipated needs of the community. Work together cooperatively to respect all persons and their ideas in order to develop and maintain the trust of the community. Reflect the community's desires and priorities by assuring that decisions accurately reflect the community's interests by fairly translating public feedback into public policy. Enhance the quality of life of all Rancho Cucamonga residents through the continued pursuit of excellence and commitment to the City's core values and goals. Set the vision for the community for the future. Have a professional, objective and respectful relationship with each other in order to more effectively address the challenges of the future. Page 1 TO AD D R E S S T H E FIR E BOAR D, H OU S IN G S U C C E S S OR AGE N C Y, S UC C E S SOR AGEN C Y, P U BL IC F IN AN C E AU TH OR IT Y AN D C ITY C OU NCIL The F ire B oard, Housing S uccessor A gency, S uccessor A gency, P ublic F i nance A uthority and C ity C ouncil encourage free expression of all points of view. To allow all persons to speak, given the length of the A genda, please keep your remarks brief. If others have already expressed your position, you may simply i ndicate that you agree with a previous speaker. If appropri ate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrai n from clapping, booing or shouts of approval or disagreement from the audience. The public may address the F ire B oard, Housing S uccessor A gency, S uccessor A gency, P ublic F inanceA uthority and C ity C ouncil by filling out a speaker card and submitting it to the C ity C lerk. The speaker cards are located on the wall at the back of the C hambers, at the front desk behind the staff table and at the C ity C lerk's desk. A ny handouts for the F ire B oard, S uccessor A gency, P ubli c F inance A uthority or C ity C ouncil should be given to the C ity C lerk for distribution. D uring "P ublic C ommunications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "P ublic C ommunications" period will not exceed one hour prior to the commencement of the business portion of the agenda. D uring this one hour peri od, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business i tems (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. A ny other "P ublic C ommunications" which have not concluded during this one-hour period may resume after the regular business portion of the agenda has been completed. C omments are to be limited to five minutes per individual or less, as deemed necessary by the C hair, depending upon the number of individuals desiring to speak. If you are present to speak on an "A dvertised P ublic Hearing" or on an "A dministrati ve Hearing" Item(s), your name will be alled when that item is being discussed, in the order i n which it was received. C omments are to be limi ted to five minutes per individual or less, as deemed necessary by the C hair, depending upon the number of individuals desiring to speak. AGE N D A B AC K-U P MATE R IALS S taff reports and back-up materials for agenda items are available for review at the C ity C lerk's counter, the C ity's P ublic Libraries and on the C ity's website. A complete copy of the agenda is also available at the desk located behind the staff table during the C ouncil meeting. L IV E B R OAD C AST F ire B oard, Housing S uccessor A gency, S uccessor A gency, P ublic F inance A uthority and C ity C ouncil meetings are broadcast live on C hannel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 7:00 p.m. S treaming Video on D emand is available on the C ity's website at www.cityofrc.us/cityhall/council/videos.asp. The Fire Board, Successor Agency, Public Finance Authority and City C ouncil meet regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic C enter Drive. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. C opies of the agendas and minutes can be found @ www.cityofrc.us I f you need spec ial assistance or accommodations to partic ipate in this meeting, please contact the C ity Clerk's offic e at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the C ity to make reasonable arrangements to ensure accessibility. Listening devic es are available for the hearing impaired. Page 2 Please silence all cell phones and devices while the meeting is in session. FEBRUARY 20, 2019 FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL AGENDA CLOSED SESSION - 5:00 P.M. Roll Call:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, Spagnolo A.ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B.PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C.CITY MANAGER ANNOUNCEMENTS D.CONDUCT OF CLOSED SESSION - Tapia Conference Room D.1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES ASSOCIATION AND FIRE MANAGEMENT EMPLOYEE GROUP. – DISTRICT D.2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF HAVEN AVENUE AND JERSEY BOULEVARD IDENTIFIED AS PARCEL NUMBERS 0209-131-01; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND POWER MEDIC TECHNOLOGIES, INC., THE PROPERTY OWNER; REGARDING PRICE AND TERMS OF PAYMENT. – CITY E.RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY, AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. Page 3 REGULAR MEETING - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY, AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AGENCIES, AUTHORITY BOARD AND COUNCIL. Pledge of Allegiance Roll Call:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott and Spagnolo A.ANNOUNCEMENT / PRESENTATIONS B.PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council Member for discussion. C.CONSENT CALENDAR – FIRE PROTECTION DISTRICT C.1.Consideration of Meeting Minutes: Regular Meetings of September 5, 2018, September 19, 2018 and February 6, 2019 and Special Meeting Minutes of September 19, 2018. C.2.Consideration to Approve Bi-Weekly Payroll in the Amount of $593,706.28 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $155,360.06 Dated January 29, 2019 Through February 11, 2019 . C.3.Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of $3,408.24 Dated January 29, 2019 Through February 11, 2019. Page 4 8 32 42 C.4.Consideration to Receive and File Current Investment Schedule as of January 31, 2019. C.5.Approval to Adopt Annual Statement of Investment Policy. D.CONSENT CALENDAR – HOUSING SUCCESSOR AGENCY D.1.Consideration of Meeting Minutes: Regular Meetings of September 5, 2018, September 19, 2018 and February 6, 2019. E.CONSENT CALENDAR – SUCCESSOR AGENCY E.1.Consideration of Meeting Minutes: Regular Meetings of September 5, 2018, September 19, 2018 and February 6, 2019. F.CONSENT CALENDAR – PUBLIC FINANCE AUTHORITY F.1.Consideration of Meeting Minutes: Regular Meetings of September 5, 2018, September 19, 2018 and February 6, 2019. G.CONSENT CALENDAR – CITY COUNCIL G.1.Consideration of Meeting Minutes: Regular Meetings of September 5, 2018, September 19, 2018 and February 6, 2019 and Special Meeting Minutes of September 19, 2019. G.2.Consideration to Approve Bi-Weekly Payroll in the Amount of $1,148,131.18 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $5,518,661.82 Dated January 29, 2019 Through February 11, 2019. G.3.Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of $23,963.73 Dated January 29, 2019 Through February 11, 2019. G.4.Consideration to Receive and File Current Investment Schedule as of January 31, 2019. G.5.Approval to Adopt Annual Statement of Investment Policy. G.6.Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds for the Fiscal Year 2017/18 ADA Access Ramp Improvements at Various Locations Project. G.7.Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds for the Fiscal Year 2016/17 Installation of Four (4) Traffic Signals at Various Locations Project. G.8.Consideration of a Right of Entry and License Agreement Between the City and Rancho Mall LLC for the Installation of RCMU Fiber Optic Equipment at the Victoria Gardens Shopping Center. G.9.Consideration of a Contract Change Order to Kimley-Horn and Associates, Inc. in the amount of $15,000 and an Additional Appropriation in the Amount of $75,000 from the Transportation Fund (Fund 124) for the Fiscal Year 2018/19 Installation of Two Traffic Signals and Three Flashing Yellow Arrow Signal Modifications Project (CO18-126). G.10.Consideration to Approve a Month to Month Extension of Contract CO 08-162 with United Pacific Services for Citywide Tree Maintenance Services in an Amount Not to Exceed $692,000. G.11.Consideration of a Right-of-Way Use Agreement Between the City and the Building Industry Association of Southern California, Inc., for Community Directional Wayfinding Signs. Page 5 44 51 8 8 8 8 78 88 90 101 128 132 135 143 145 148 G.12.Consideration of a Professional Services Agreement with Premier Food Services for Exclusive Catering Services at Victoria Gardens Cultural Center. G.13.Consideration to Approve Amendment No. 1 to the NEOGOV Contract for the Purchase, Implementation and Subscription for Learn, a Learning Management System, and to Authorize Additional Appropriations from the City General Fund. G.14.Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and Teamsters Local 1932. RESOLUTION NO. 19-009 A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND TEAMSTERS LOCAL 1932 RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2018 THROUGH JUNE 30, 2019 G.15.Consideration to Adopt a Resolution Updating the Rancho Cucamonga City Employees Association and Teamsters Local 1932 Salary Schedules for Fiscal Year 2018-19. RESOLUTION NO. 19-010 A RESOLUTION UPDATING THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION AND TEAMSTERS LOCAL 1932 SALARY SCHEDULES FOR FISCAL YEAR 2018-19 H.CONSENT ORDINANCES The following Ordinances have been introduced for first reading. Second readings are expected to be routine and non-controversial. The City Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by a Council Member. I.ADMINISTRATIVE HEARING ITEM I.1.Summary of Public Safety Response to 2018 Holiday Lights Display and Recommendations for 2019 Holiday Season. J.ADVERTISED PUBLIC HEARINGS – CITY COUNCIL/FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. J.1.Public Hearing to Consider Certain Fees in the Police Department Relating to Towing Services. RESOLUTION NO. 19-008 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A FEE SCHEDULE APPLICABLE TO CERTAIN POLICE DEPARTMENT FEES RELATING TO TOWING SERVICES, AND REPEALING RESOLUTION 17-037 J.2.Consideration of a Resolution of Necessity Declaring Certain City-Owned Real Property Interests, Previously Acquired as a Portion of San Bernardino County Assessor’s Parcel Number 0209-131-01, Necessary for Public Purposes in Connection with and to Allow for the Establishment and Maintenance of a Public Utility Facility Located on the Northwest Corner of Haven Avenue at Jersey Boulevard. PUBLIC HEARING HAS BEEN CANCELLED. THIS ITEM WILL NOT BE HEARD AT THIS TIME. INTERESTED PARTIES HAVE BEEN NOTIFIED OF CANCELLATION. Page 6 156 188 190 192 221 223 230 233 235 238 K. CITY MANAGER’S STAFF REPORTS The following items have no legal publication or posting requirements. K.1. Consideration to Receive and File Midyear Financial Update for the Six Month Period Ended December 31, 2018 and to Approve Midyear Additional Appropriations. K.2. Consideration of the 2019 Legislative Platform. L. COUNCIL BUSINESS L.1. Consideration to Approve the Appointments of Two Members to the Public Art Committee. L.2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) L.3. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) M. IDENTIFICATION OF ITEMS FOR NEXT MEETING N. ADJOURNMENT Adjournment in Memory of Marian Michael CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy-Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website. Page 7 239 245 253 --- --- D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:L inda A. Troyan, C ity C lerk Services D irector S UB J E C T:C O NS ID E RAT I O N O F M E E T I NG M I NUT E S : RE G UL AR M E E T ING S O F S E P T E M B E R 5, 2018, S E P T E M B E R 19, 2018 AND F E B RUARY 6, 2019 AND S P E C IAL M E E T I NG M INUT E S O F S E P T E M B E R 19, 2018. RE COMMENDAT ION: Staf f recommends approval of the S eptember 5, 2018, September 19, 2018 and F ebruary 6, 2019 R egular Meeting Minutes and S pecial Meeting Minutes of S eptember 19, 2018 for the F ire Protection D istrict, Housing S uccessor A gency, S uccessor Agency, Public F inance A uthority and C ity C ouncil. BACKGROUND: N/A ANALY S IS: N/A FISCAL IMPACT: N/A COUNCIL GOAL(S) ADDRE S S E D: N/A AT TAC HM E NT S : D escription Attachment 1 - 9/5/18 Regular Meeting Minutes Attachment 2 - 9/19/18 R egular Meeting Minutes Attachment 3 - 9/19/18 Special Meeting Minutes Attachment 4 - 2/6/19 Regular Meeting Minutes Page 8 DRAFT September 5, 2018 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 1 of 7 September 5, 2018 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City of Rancho Cucamonga City Council held a closed session on Wednesday, September 5, 2018 in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 p.m. Present were Council Members: Bill Alexander, Sam Spagnolo, Diane Williams, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services; Matt Burris, Deputy City Manager/Economic and Community Development. No public communications were made. No discussion or actions were taken. The City Council recessed to the Tapia Room for Closed Session to consider the following items: D.1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA) AND TEAMSTERS LOCAL 1932. – CITY D.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE AS PARCEL NUMBERS 0229- 012-08-0000 AND 0229-012-10-0000; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER/ECONOMIC & COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND STEPHEN AGGAZOTI, REPRESENTING AGGAZOTI TRUST AND SAMUEL AND BARBARA DICARLO TRUST; REGARDING PRICE 5:00 P.M. – CLOSED SESSION C ALL TO ORDER – TAPIA CONFERENCE ROOM A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY M ANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION – T APIA CONFERENCE ROOM Page 9 DRAFT September 5, 2018 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 2 of 7 AND TERMS. – CITY D.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF CIVIC CENTER DRIVE AND HAVEN AVENUE AS PARCEL NUMBERS 0208- 331-47-0000 AND 0208-331-40-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KEN WARD REPRESENTING UNITED STATES MARSHALS SERVICE; REGARDING PRICE AND TERMS. – CITY D.4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 5917 ARCHIBALD AVENUE; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND LINDA J.L. MARIE WALKER AND JOSEPH A. WALKER, OWNERS; REGARDING PRICE AND TERMS. - CITY D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 0209-272-11, 0209-143-21, AND 0209-272-22; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, CARRIE SCHINDLER REPRESENTING SBCTA, AND MICHAEL DIEDEN REPRESENTING EMPIRE YARDS AT RANCHO, LLC; REGARDING PRICE AND TERMS. – CITY The closed session recessed at 6:25 p.m. The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and the City of Rancho Cucamonga City Council were held on September 5, 2018 in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m. Present were Council Members: Bill Alexander, Sam Spagnolo, Diane Williams and Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Patricia Bravo-Valdez, Assistant City Clerk. Council Member Spagnolo led the Pledge of Allegiance. A.1. Presentation of a Proclamation Declaring the Month of September 2018 as “Suicide Prevention Month”. Joanna Marrufo, Healthy RC Management Aide and Community Partners, lead a presentation about Suicide Prevention Month. E. RECESS REGULAR MEETING – 7:00 P.M. CALL TO ORDER – COUNCIL CHAMBERS A. ANNOUNCEMENTS/PRESENTATIONS Page 10 DRAFT September 5, 2018 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 3 of 7 Mayor Michael and Members of the City Council presented a Proclamation to Healthy RC Management Aide, Joanna Marrufo and Community Partners declaring the month of September 2018 as “Suicide Prevention Month”. A.2. Presentation of Rancho Cucamonga Fire District All Risk Training Center Highlights. Kelly Donaldson, Community Affairs Coordinator and Mike McCliman, Fire Deputy Chief, provided an overview on the Fire District’s All-Risk Training Center and displayed a video. Philip Hakopian, inquired on the plan for the annexation project. Janet Walton, offered a prayer. John Lyons, thanked Council Members Williams and Alexander for their service and spoke on election campaigns. C1. Consideration to Approve Bi-Weekly Payroll in the Amount of $798,419.32 and Weekly Check Registers in the Amount of $1,275,312.37 Dated August 08, 2018 Through August 27, 2018. C2. Consideration to Approve and Accept a $10,000 Grant Award from the California Fire Foundation, for Costs Associated with the Solar Power and Electrical Safety Awareness Classes. MOTION: Moved by Vice-President Kennedy, seconded by Board Member Alexander, to approve Consent Calendar Items C1. and C2. Motion carried unanimously, 5-0. No Items. No Items. No Items. B. PUBLIC COMMUNICATIONS CONSENT C ALENDARS C. CONSENT CALENDAR – FIRE PROTECTION DISTRICT D. CONSENT CALENDAR – HOUSING SUCCESSOR AGENCY E. CONSENT C ALENDAR – SUCCESSOR AGENCY F. CONSENT C ALENDAR – PUBLIC FINANCING AUTHORITY G. CONSENT CALENDAR – CITY COUNCIL Page 11 DRAFT September 5, 2018 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 4 of 7 G.1. Consideration to Approve Bi-Weekly Payroll in the Amount of $1,255,528.86 and Weekly Check Registers in the Amount of $4,363,334.43 Dated August 08, 2018 Through August 27, 2018. G.2. Consideration to Approve the Final Map of Tract No. 19918, Associated Improvement Agreement, Improvement Securities, and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance District No's. 1 and 2 for Tract No. 19918, Located at the Southwest Corner of Hellman Avenue and 6th Street, Submitted by RC1, LLC. RESOLUTION NO. 18-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR TRACT NO. 19918 RESOLUTION NO. 18-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR TRACT NO. 19918 RESOLUTION NO. 18-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) FOR TRACT NO. 19918 G.3. Consideration of a Resolution Adopting the Measure "I" Five-Year Capital Improvement Plan Covering Fiscal Years 2018/2023. RESOLUTION NO. 18-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PLAN COVERING FISCAL YEARS 2018/2023 FOR THE EXPENDITURE OF MEASURE "I" FUNDS G.4. Consideration to Release Bonds for the Public Improvements Required on the Northeast Corner of 6th Street and Center Avenue Related to Parcel Map 19683. G.5. Consideration to Approve the Renewal of Contract CO 15-095 with UPSCO PowerSafety Systems, Inc., for Uninterruptible Power Supply (UPS) System Maintenance and Repair and Battery Replacements, with a Value of $49,900 for FY 2018/19, and an Estimated Total Contract Value of $199,600 Over the Four Years Remaining on the Contract; and, Authorize the City Manager or His Designee to Renew the Contract Annually. G.6. Consideration to Award a Contract to Albert Grover and Associates for Traffic Signal Communication Services. G.7. Consideration of a Professional Services Agreement with the Kindred Corporation for Printing and Mailing Services for Various Brochures in the Amount of $109,948 Annually; Not to Exceed $769,639 Over a Seven-Year Period. G.8. Consideration of Additional Appropriations in the Amount of $11,428 and $18,573 for Page 12 DRAFT September 5, 2018 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 5 of 7 California State Library Grant Expenditures for the Archibald Library Media Lab. G.9. Consideration of the Use of Bibliotheca, LLC. to Provide E-Book and E-Audiobook Lending Services to the Rancho Cucamonga Public Library Using the cloudLibrary™ Platform. G.10. Consideration to Accept and to Allocate $1,000 Awarded by the Young Adult Library Services Association and Dollar General to Offer Teen Programs During the National Teen Read Week. G.11. Report in Conformance with California Government Code 65858 on Measures Taken to Alleviate the Need for Interim Ordinance 923, Requiring a Conditional Use Permit for the Establishment of New Hotels or the Expansion of Existing Hotels. MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to approve Consent Calendar Items G1 through G11. Motion carried unanimously, 5-0. H. CONSENT ORDINANCES H.1. Second Reading and Adoption of Ordinance No. 934 Approving Development Agreement DRC2015-00118 Between the City of Rancho Cucamonga and Sc Rancho Development Corp. and Empire Lakes Holding Company, Llc, for a Previously Approved Mixed Use, High Density Development (Empire Lakes/The Resort) in Planning Area 1 (PA1), a Property of About 160 Acres Located North of 4th Street, South of the Burlington Northern Santa Fe Railway, West of Milliken Avenue, and East of Utica/Cleveland Avenues, within the Empire Lakes Specific Plan. ORDINANCE NO. 934 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2015- 00118 BETWEEN THE CITY OF RANCHO CUCAMONGA AND SC RANCHO DEVELOPMENT CORP. AND EMPIRE LAKES HOLDING COMPANY, LLC, FOR A PREVIOUSLY APPROVED MIXED USE, HIGH DENSITY DEVELOPMENT (EMPIRE LAKES/THE RESORT) IN PLANNING AREA 1 (PA1), A PROPERTY OF ABOUT 160 ACRES LOCATED NORTH OF 4TH STREET, SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILWAY, WEST OF MILLIKEN AVENUE, AND EAST OF UTICA/CLEVELAND AVENUES, WITHIN THE EMPIRE LAKES SPECIFIC PLAN. MOTION: Moved by Council Member Williams, seconded by Mayor Pro Tem Kennedy, to adopt Ordinance No. 934, by title only and waive further reading. Patricia Bravo-Valdez, Assistant City Clerk, read the title of Ordinance No. 934. VOTES NOW CAST ON MOTION: Moved by Council Member Williams, seconded by Mayor Pro Tem Kennedy, to adopt Ordinance No. 934, by title only and waive further reading. Motion carried, 4-1, Council Member Alexander opposed. H.2. Second Reading and Adoption of Ordinance No. 937 approving Zoning Map Amendment DRC2015-00684 - Archibald Oil - A request to amend the Zoning Map land use district from the Low Medium (LM) Residential District to the General Commercial (GC) District for a 1.22-acre site located at the northeast corner of Archibald Avenue and Arrow Route; A P Ns: 0208-291-05 and 0208-291-06. Related Files: General Plan Amendment DRC2015- 00683, Design Review DRC2015-00682, Conditional Use Permit DRC2015-00681, Variance DRC2016-00831, and Minor Exception DRC2017-00879. Page 13 DRAFT September 5, 2018 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 6 of 7 ORDINANCE NO. 937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ZONING MAP AMENDMENT NO. DRC2015-00684, A REQUEST TO AMEND THE ZONING MAP LAND USE DISTRICT FROM THE LOW MEDIUM (LM) RESIDENTIAL DISTRICT TO THE GENERAL COMMERCIAL (GC) DISTRICT FOR A 1.22-ACRE SITE LOCATED AT THE NORTHEAST CORNER OF ARCHIBALD AVENUE AND ARROW ROUTE, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0208-291-05 AND 0208-291-06. MOTION: Moved by Council Member Spagnolo, seconded by Council Member Alexander, to adopt Ordinance No. 937, by title only and waive further reading. Patricia Bravo-Valdez, Assistant City Clerk, read the title of Ordinance No. 937. VOTES NOW CAST ON MOTION: Moved by Council Member Spagnolo, seconded by Council Member Alexander, to adopt Ordinance No. 937, by title only and waive further reading. Motion carried unanimously, 5-0. No Items. H.2. Consideration to Conduct First Reading and Introduce an Ordinance Amending Title 17 of the Municipal Code to Revise Requirements and Standards for the Development of Accessory Dwelling Units, Also Referred to as Second Dwelling Units Consistent with State Law. This Item is Exempt from the Requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines Under CEQA Section 15282(h). ORDINANCE NO. 938 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE AMENDING REQUIREMENTS AND STANDARDS FOR THE DEVELOPMENT OF ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW, AND MAKING FINDINGS IN SUPPORT THEREOF John Gillison, City Manager, introduced the item and Jennifer Nakamura, Associate Planner, who gave the staff report. Mayor Michael opened the Public Hearing. Dale Cummins, asked for clarification on the square footage limit for Accessory Dwelling Units. Associate Planner Nakamura clarified that it depends on whether the garage is attached or detached and that the lot coverage also counts towards final size. Mr. Cummins asked if a second story unit is allowed for a detached garage. Associate Nakamura responded that it is not, as the limit is 16 feet which is currently in place. I. ADMINISTRATIVE HEARING ITEM J. ADVERTISED PUBLIC HEARINGS CITY COUNCIL Page 14 DRAFT September 5, 2018 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 7 of 7 Max Cherubil, requested Council keep parking in mind when adopting this Ordinance. Associate Planner Nakamura clarified that parking requirements are governed by state law. Mayor Michael closed the Public Hearing. Discussion ensued on local government control for various items including parking, rentals and design standards. City Manager Gillison recommended adopti on of the proposed Ordinance and noted that staff will look into other options as well. MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to introduce First Reading of Ordinance No. 938, by title only and waive further reading. Patricia Bravo-Valdez, Assistant City Clerk, read the title of Ordinance No. 938. VOTES NOW CAST ON MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to introduce First Reading of Ordinance No. 938, by title only and waive further reading. Motion carried unanimously, 5-0. No Items. L2. COUNCIL ANNOUCEMENTS None. L3. INTER-AGENCY UPDATES Mayor Michael reported his attendance at a San Bernardino County Transportation Authority (SBCTA) meeting that morning regarding consolidation of the annual General Assembly. Mayor Michael also reported that he forwarded a County Community Indicators report to the City Manager for the City’s utilization. None. Mayor Michael adjourned the meeting at 8:16 p.m. Respectfully submitted, __________________________________ Linda A. Troyan, MMC City Clerk Services Director Approved: K. CITY MANAGERS STAFF REPORTS L. COUNCIL BUSINESS M. IDENTIFICATION OF ITEMS FOR NEXT MEETING N. ADJOURNMENT Page 15 September 19, 2018 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City of Rancho Cucamonga City Council held a closed session on Wednesday, September 19, 2018 in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 p.m. Present were Council Members: Bill Alexander, Sam Spagnolo, Diane Williams, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Jam es L. Markman, City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services; Matt Burris, Deputy City Manager/Economic and Community Development. No public communications were made. No discussion or actions were taken. The City Council recessed to the Tapia Room for Closed Session to consider the following items: D.1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA) AND TEAMSTERS LOCAL 1932. – CITY D.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE AS PARCEL NUMBERS 0229- 012-08-0000 AND 0229-012-10-0000; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER/ECONOMIC & COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND STEPHEN AGGAZOTI, REPRESENTING AGGAZOTI TRUST AND SAMUEL AND BARBARA DICARLO TRUST; REGARDING PRICE AND TERMS. – CITY 5:00 P.M. – CLOSED SESSION C ALL TO ORDER – TAPIA CONFERENCE ROOM A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION – T APIA CONFERENCE ROOM Page 16 D.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF CIVIC CENTER DRIVE AND HAVEN AVENUE AS PARCEL NUMBERS 0208- 331-47-0000 AND 0208-331-40-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KEN WARD REPRESENTING UNITED STATES MARSHALS SERVICE; REGARDING PRICE AND TERMS. – CITY D.4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 5917 ARCHIBALD AVENUE; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND LINDA J.L. MARIE WALKER AND JOSEPH A. WALKER, OWNERS; REGARDING PRICE AND TERMS. - CITY D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 0209-272-11, 0209-143-21, AND 0209-272-22; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, CARRIE SCHINDLER REPRESENTING SBCTA, AND MICHAEL DIEDEN REPRESENTING EMPIRE YARDS AT RANCHO, LLC; REGARDING PRICE AND TERMS. – CITY D6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(2) (ONE CASE) – CITY The closed session recessed at 6:32 p.m. The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and the City of Rancho Cucamonga City Council were held on September 19, 2018 in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m. Present were Council Members: Bill Alexander, Sam Spagnolo, Diane Williams and Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Jam es L. Markman, City Attorney; Linda Troyan, City Clerk Services Director. Mayor Pro Tem Kennedy led the Pledge of Allegiance. E. RECESS REGULAR MEETING – 7:00 P.M. CALL TO ORDER – COUNCIL CHAMBERS Page 17 A.1. Announcement of a Green Business Recognition Program Recipient, Gerdau Long Steel North America. Deborah Allen, Management Aide-Sustainability and Michael Frasure, Building and Safety Services Manager, along with Mayor Michael and Members of the City Council presented a Certificate of Recognition to Gerdau Long Steel America Rancho Cucamonga, Environmental Team: Jesse White, Environmental Manager, Gia Espinoza, Environmental Specialist and Alfonso Ruiz, Environmental Specialist for their participation in the Green Business Program. A.2. Announcement of 2018 ReadyRC Designation for Business Emergency Resiliency Training (BERT) Graduates. Denise School, Management Analyst I; Kelley Donaldson, Community Affairs Coordinator, Fire District along with Mayor Michael and Members of the City Council presented a Certificate of Recognition to Linda Davis, Business Continuity Analyst, Inland Empire Health Plan for successfully completing the BERT program. A.3. Presentation of a Proclamation Declaring the Month of September 2018 as “National Senior Center Month”. Mayor Michael and Members of the City Council presented a Proclamation to JoAnn Gwynn, Community Services Manager, Patrick Hediger, Community Services Coordinator and Donna Castrejon, Community Services Specialist on behalf of the Community Services Department declaring the Month of September 2018 as National Senior Center month. Victor Trujillo, shared a personal issue and spoke about the help he has received from Police Deputies. Steve Cadena, Teamsters Local 1932, spoke about the City Mission Statement and commented that it should reflect the communities interest. Tyzoc Arenas, Teamsters Local 1932, expressed concern with the development agreement for Victoria Gardens and Teamsters Local 1932 contract. Donald Ballard, asked for a fair labor contract with City Teamsters Local 1932. John Lyons, thanked Council Member Alexander and Williams for doing a good job; spoke about the value of homes in the city; endorsed candidates Mayor Michael, Kristine Scott and Ryan Hutchison for City Council; and spoke about campaigns by other city candidates. Ryan Hutchison, spoke on behalf of a City resident that contacted him regarding a tree issue that caused displacement of her sidewalk and backyard and displayed photographs. A. ANNOUNCEMENTS/PRESENTATIONS B. PUBLIC COMMUNICATIONS Page 18 C.1. Consideration to Approve Bi-Weekly Payroll in the Amount of $746,779.92 and Weekly Check Registers in the Amount of $286,319.45. Dated August 28, 2018 Through September 10,2018 and Electronic Debit Register for the Month of August in the Amount of $617,070.01. C.2. Consideration to Receive and File Current Investment Schedule as of August 31, 2018. C.3. Consideration of Professional Service Agreements with Inland Empire Property Services, Inc. and Mariposa Landscapes, Inc. for Weed and Fire Hazard Abatement Services in an Amount Not To Exceed $90,000 Annually for a Maximum of $450,000 Over a Five-Year Period, and Approve an Appropriation in the Amount of $30,000 from Fire District Capital Reserves. C.4. Consideration to Accept the Rancho Cucamonga Fire Protection District Training Center Increment II Construction Project as Complete, Approve Final Contract Amount of $6,191,396, File a Notice of Completion and Release Bonds Accordingly. MOTION: Moved by Council Member Spagnolo, seconded by Board Member Williams, to approve Consent Calendar Items C1. and C4. Motion carried unanimously, 5-0. No Items. No Items. No Items. G1. Consideration to Approve Bi-Weekly Payroll in the Amount of $1,121,740.88 and Weekly Check Registers in the Amount of $5,543,323.76. Dated August 28,2018 Through September 10,2018 and Electronic Debit Register for the Month of August in the Amount of $5,411,055.31. G.2. Consideration to Receive and File Current Investment Schedule as of August 31, 2018. G.3. Consideration of Grant of Easement and Agreement for Installation and Conveyance of Facilities with Southern California Edison Related to Installation of Wireless Telecommunications Facilities at Etiwanda Creek Park, 5939 East Avenue. G.4. Consideration of the Sole Source Purchase of Calix Equipment for the RC Fiber Network in the Amount of $143,879.05. CONSENT CALENDARS C. CONSENT C ALENDAR – FIRE PROTECTION DISTRICT D. CONSENT C ALENDAR – HOUSING SUCCESSOR AGENCY E. CONSENT CALENDAR – SUCCESSOR AGENCY F. CONSENT CALENDAR – PUBLIC FINANCING AUTHORITY G. CONSENT C ALENDAR – CITY COUNCIL Page 19 G.5. Consideration to Approve the Purchase of Cisco Fiber Optic Core and Access Network Equipment for the RC Fiber Network in the Amount of $330,913. G.6. Consideration to Approve Parcel Map 19615, Associated Improvement Agreement, Improvement Securities, and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance District No's. 1 and 2 for Parcel Map 19615, Located at the Northeast Corner of Almond Street and Almond Court, Submitted by LandexCorp LLC. RESOLUTION NO. 18-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR PARCEL MAP 19615 RESOLUTION NO. 18-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREETLIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR PM 19615 RESOLUTION NO. 18-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) FOR PARCEL MAP 19615 G.7. Consideration of the Attestation of Veracity for the Rancho Cucamonga Municipal Utility 2017 Power Source Disclosure Annual Report and Power Content Label. RESOLUTION NO. 18-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, AUTHORIZING THE ATTESTATION OF VERACITY FOR THE RANCHO CUCAMONGA MUNICIPAL UTILITY 2017 POWER SOURCE DISCLOSURE ANNUAL REPORT AND POWER CONTENT LABEL G.8. Consideration to Approve Parcel Map 19851 and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District No's. 1 and 6 for Parcel Map 19851, Located at 8300 Utica Avenue, Submitted by Laurel Professional Building, LLC and Hale Properties LLC. RESOLUTION NO. 18-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT) FOR PARCEL MAP 19851 RESOLUTION NO. 18-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR PARCEL MAP 19851 RESOLUTION NO. 18-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL) FOR PARCEL MAP 19851 G.9. Consideration to Approve a Resolution Determining that there is No Significant Risk of the Rancho Cucamonga Municipal Utility Electric Lines and Equipment Causing a Catastrophic Wildfire. RESOLUTION NO. 18-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THAT THERE IS NO SIGNIFICANT RISK OF THE RANCHO CUCAMONGA MUNICIPAL UTILITY'S ELECTRIC LINES OR EQUIPMENT Page 20 DRAFT September 19, 2018 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 6 of 8 CAUSING A CATASTROPHIC WILDFIRE G.10. Consideration to Accept Public Improvements on the North Side of Highland Avenue Between Archibald and Hermosa Avenue Related to Parcel Map 19619 as Complete, File the Notice of Completion and Authorize Release of Bonds. G.11. Consideration to authorize Amendment No. 005 to Contract #15-231 to renew a one- year maintenance and support agreement with Superion, Inc. G.12. Consideration to Approve a Three-Year Agreement for Cloud Data Backup Services with iLand, Inc. G.13. Approval and Execution of a Purchase and Sale Agreement Between the City of Rancho Cucamonga and the United States of America Acting by and Through the United States Marshals Service for Property Commonly Known as APN 0208-331- 40-0000; and 0208-331-47-0000 Generally Located at the Northwest Corner of Haven Avenue and Civic Center Drive, and Authorize the expenditure of funds for the purchase of vacant land in the amount of $5,204,000.00 and Appropriate Funds to account 1025001-5600 from Capital Reserve Fund 025. MOTION: Moved by Council Member Williams, seconded by Mayor Pro Tem Kennedy, to approve Consent Calendar Items G1 through G13. Motion carried unanimously, 5-0. H. CONSENT ORDINANCES H.1. Second Reading and Adoption of Ordinance No. 938 Amending Title 17 of the Municipal Code to Revise Requirements and Standards for the Development of Accessory Dwelling Units, Also Referred to as Second Dwelling Units Consistent with State Law. ORDINANCE NO. 938 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE AMENDING REQUIREMENTS AND STANDARDS FOR THE DEVELOPMENT OF ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Council Member Spagnolo, seconded by Mayor Pro Tem Kennedy, to adopt Ordinance No. 938, by title only and waive further reading. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 938. VOTES NOW CAST ON MOTION: Moved by Council Member Spagnolo, seconded by Mayor Pro Tem Kennedy, to adopt Ordinance No. 938, by title only and waive further reading. Motion carried unanimously, 5-0. Page 21 DRAFT September 19, 2018 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 7 of 8 I1. Consideration of Ordinance No. 939 Amending Chapter 12.04.010 of the Rancho Cucamonga Municipal Code as it Relates to Possession and Consumption of Alcoholic Beverages at Specifically Designated Park and Other Recreation Facilities. ORDINANCE NO. 939 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 12.04 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING THE USE OF PARKS, RECREATIONAL TRAILS, LIBRARIES, AND OTHER RECREATIONAL FACILITIES OF THE CITY City Manager Gillison introduced Community Superint endent, Ashley Wysocki, who gave a verbal report. Community Superintendent Wysocki clarified that applications would be reviewed on a case by case basis; and reviewed the definition of other recreational facilities and Alcoholic Beverage Control requirement. Mayor Michael opened the Administrative Hearing item. No comments received. Mayor Michael closed the Administrative Hearing item. MOTION: Moved by Council Member Williams, seconded by Mayor Pro Tem Kennedy, to introduce First Reading of Ordinance No. 939, by title only and waive further reading. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 939. VOTES NOW CAST ON MOTION: Moved by Council Member Williams, seconded by Mayo r Pro Tem Kennedy, to introduce First Reading of Ordinance No. 939, by title only and waive further reading. Motion carried unanimously, 5-0. J.1. Consideration of Adoption of Interim Ordinance No. 940, Extending Interim Ordinance No. 923 for an Additional 10 Months and 15 Days, to Require a Conditional Use Permit for the Development of New or Expansion of Existing Hotels in all Zoning Districts. INTERIM ORDINANCE NO. 940 AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING INTERIM ORDINANCE NO. 923 FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS REQUIRING A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF HOTELS OR THE EXPANSION OF EXISTING HOTELS, DECLARING THE URGENCY THEREOF City Manager Gillison introduced Jennifer Nakamura, Associate Planner, who gave the staff report. I. ADMINISTRATIVE HEARING ITEM J. ADVERTISED PUBLIC HEARINGS CITY COUNCIL Page 22 DRAFT September 19, 2018 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 8 of 8 Mayor Michael opened the Public Hearing item. No public communications were made. Mayor Michael closed the Public Hearing item. MOTION: Moved by Council Member Williams, seconded by Mayor Pro Tem Kennedy, to adopt Urgency Ordinance No. 940, by title only and waive further reading. Linda Troyan, City Clerk, read the title of Ordinance No. 940. VOTES NOW CAST ON MOTION: Moved by Council Member Williams, seconded by Mayor Pro Tem Kennedy, to adopt Urgency Ordinance No. 940, by title only and waive further reading. Motion carried unanimously, 5-0. No Items. L2. COUNCIL ANNOUCEMENTS None. L3. INTER-AGENCY UPDATES Council Member Williams reported her attendance at a Local Agency Formation Commission (LAFCO) hearing that morning regarding the topic of Redlands water reclamation services. Council Member Williams requested a presentation on the implementation of Green Bicycle lanes at the next Council Meeting and asked that information be included in the Grapevine newsletter. Mayor Michael adjourned the meeting at 7:56 p.m. Respectfully submitted, __________________________________ Linda A. Troyan, MMC City Clerk Services Director Approved: K. CITY MANAGERS STAFF REPORTS L. COUNCIL BUSINESS M. IDENTIFICATION OF ITEMS FOR NEXT MEETING N. ADJOURNMENT Page 23 * D F T * September 19, 2018 | City Council Fire Protection District Special Meeting Minutes City of Rancho Cucamonga | Page 1 of 1 September 19, 2018 CITY OF RANCHO CUCAMONGA CITY COUNCIL AND FIRE PROTECTION DISTRICT SPECIAL MEETING MINUTES The City of Rancho Cucamonga City Council held a special meeting on Wednesday, September 19, 2018, in the Council Chambers located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 6:00 p.m. Present were Councilmembers William Alexander, Sam Spagnolo, Diane Williams, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Jim Markman, City Attorney; Elisa Cox, Deputy City Manager/Civic and Cultural Services; Lori Sassoon, Deputy City Manager/Administrative Services; Matt Burris, Deputy City Manager/Community and Economic Development; and Linda A. Troyan, City Clerk Services Director. No public communications were made. 1. Presentation of Certificates of Recognition to Rancho Cucamonga Little League and RC Ace Softball All- Star Teams. Doug Morris, Little League All-Stars Representative and Coaches along with Mayor Michael and Members of the City Council presented Certificates of Recognition to Vineyard Little League 9/10 Division All Star Team for being recognized as District 71 and Section 8 Champions; Vineyard Little League Major Division All Star Team for being recognized as District 71 and Section 8 Champions; and Alta Loma Little League Senior Division All Stars for being recognized as Distrct 71 Champions. Kendra Aleman, Rancho Cucamonga Ace Softball Representative and Coaches along with Mayor Michael and Members of the City Council presented Certificates of Recognition to RC Ace Softball 8U Gold AllStars – Division for being recognized as 3rd Place USA Softball Eastern District Tournament Champions; 2nd place - USA Softball State Tournament Champions; and 3rd place - USA Softball Regional/National Tournament Champions -: 8U and RC ACE Softball 10U Gold AllStars – Division:10U for being recognized as 2nd Place - USA Softball Eastern District Tournament Champions; 16th Place - USA Softball State Tournament Champions; and USA Softball National Tournament Qualifiers. Mayor Michael along with Members of the City Council recognized and thanked the teams, coaches and parents for their dedication. Mayor Michael adjourned the meeting at 6:50 p.m. Respectfully submitted, __________________________________ Linda A. Troyan, MMC City Clerk Services Director Approved: CALL TO ORDER PUBLIC COMMUNICATIONS ITEMS OF DISCUSSION ADJOURNMENT Page 24 February 6, 2019 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City of Rancho Cucamonga City Council held a closed session on Wednesday, February 6, 2019 in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services and Matt Burris, Deputy City Manager/Economic and Community Development. No public communications were made. No discussion or actions were taken. D.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE IDENTIFIED AS PARCEL NUMBER 0229-012-10-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND STEVE AGGAZZOTTI, PROPERTY OWNER; REGARDING PRICE AND TERMS. -CITY D.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH EAST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE IDENTIFIED AS PARCEL NUMBER 0229-012-97-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSE ELIAS, QAI LABORATORIES; REGARDING PRICE AND TERMS. -CITY D.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF CIVIC CENTER DRIVE AND HAVEN AVENUE IDENTIFIED AS PARCEL NUMBER 0208-331-40-0000, AND 0208-331-47-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND STEVE PONTELL, NATIONAL COMMUNITY RENAISSANCE; REGARDING PRICE AND TERMS. -CITY 5:00 P.M. – CLOSED SESSION CALL TO ORDER – TAPIA CONFERENCE ROOM A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION – T APIA CONFERENCE ROOM Page 25 D.4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF BASE LINE ROAD AND DAY CREEK BOULEVARD AS PARCEL NUMBERS 1089-031-360000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND STEVE PONTELL REPRESENTING DAY CREEK SENIOR HOUSING PARTNERS, LP; REGARDING PRICE AND TERMS. – CITY Due to a potential conflict of interest, Council Member Hutchison recused himself from discussion on item D.4. and left the room at 5:55 p.m. He returned to the meeting at 6:00 p.m. D.5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 7089 ETIWANDA AVENUE, RANCHO CUCAMONGA; NEGOTIATING PARTIES LORI SASSOON, DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA AND NATALIE AND DANNY NAVARRETTE; AND THE FRIENDS OF THE PACIFIC ELECTRIC TRAIL REGARDING INSTRUCTIONS FOR NEGOTIATING THE PRICE, TERMS OF PAYMENT, OR BOTH – CITY D.6. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES ASSOCIATION AND FIRE MANAGEMENT EMPLOYEE GROUP. – DISTRICT D.7. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH TEAMSTERS LOCAL 1932 AND EXECUTIVE MANAGEMENT EMPLOYEE GROUP. – CITY D.8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF HAVEN AVENUE AND JERSEY BOULEVARD IDENTIFIED AS PARCEL NUMBERS 0209-131-01; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND POWER MEDIC TECHNOLOGIES, INC., THE PROPERTY OWNER; REGARDING PRICE AND TERMS OF PAYMENT. – CITY D.9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 0209-272-11, 0209-143-21, AND 0209-272-22; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, CARRIE SCHINDLER REPRESENTING SBCTA, AND MICHAEL DIEDEN REPRESENTING EMPIRE YARDS AT RANCHO, LLC; REGARDING PRICE AND TERMS. – CITY The closed session recessed at 6:15 p.m. E. RECESS Page 26 The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and the City of Rancho Cucamonga City Council were held on February 6, 2019 in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tem Lynne Kenned y and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Linda A. Troyan, City Clerk Services Director. Council Member Scott led the Pledge of Allegiance. Mayor Michael and Members of the City Council presented the Alexander family with a Certificate of Sympathy in memory of Former Mayor and Council Member William "Bill" Alexander. A.1. Recognition of United Christian Academy Students’ Book Campaign for Camp Fire Victims. Ms. Rayna Keen, Kindergarten Teacher, led presentation with a few words about her Kindergarten’s class recent efforts in collecting over 16,000 books to help replenish the countless books and classroom supplies the Paradise City schools and libraries lost during the November fires of 2018. Ms. Keen noted that books collected will be used to help replace classroom libraries, school libraries, and family libraries. Mayor Michael and Council presented a Certificate of Recognition to Ms. Rayna Keen and her United Christian Academy Kindergarten Students. Brian Arrington, President, IE Sports Net, introduced non-profit organization, Inland Valley Classic which provides scholarships to outstanding student athletes. Mr. Arrington asked City Council to assist in sponsoring one of their Inland Valley Baseball Classic Events at LoanMart Field. Frank Atry, addressed City Council with his dislike of use of public funds, excessive salaries and city management. Max Cherubil, expressed his condolences to the Alexander Family for the loss of Former Mayor and Council Member William “Bill” Alexander and to the Mayor for the recent loss of his mother, Marion Michael. C.1. Consideration of Meeting Minutes: Regular Meetings of October 3, 2018 and October 17, 2018 and Special Meeting Minutes of January 21, 2019. C.2. Consideration to Approve Bi-Weekly Payroll in the Amount of $599,902.97 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $818,018.36 Dated January 09, 2019 Through January 28, 2019 C.3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of $1,880.87 Dated January 09,2019 Through January 28, 2019. REGULAR MEETING – 7:00 P.M. C ALL TO ORDER – COUNCIL CHAMBERS A. ANNOUNCEMENTS/PRESENTATIONS B. PUBLIC COMMUNICATIONS CONSENT CALENDARS C. CONSENT C ALENDAR – FIRE PROTECTION DISTRICT Page 27 C.4. Consideration of Plans, Specifications and Estimates and Request for Authorization to Advertise the "Notice Inviting Bids" for the Rancho Cucamonga Fire Protection District/City of Rancho Cucamonga Public Safety Facility. MOTION: Moved by Board Member Spagnolo, seconded by Board Vice-President Kennedy, to approve Consent Calendar Items C1. through C4. Motion carried unanimously, 5-0 with Board Member Scott abstaining from item C3. D.1. Consideration of Meeting Minutes: Regular Meetings of October 3, 2018 and October 17, 2018. MOTION: Moved by Vice-President Kennedy, seconded by Board Member Hutchison, to approve Consent Calendar Item D1. Motion carried unanimously, 5-0. E.1. Consideration of Meeting Minutes: Regular Meetings of October 3, 2018 and October 17, 2018. MOTION: Moved by Vice-President Kennedy, seconded by Board Member Spagnolo, to approve Consent Calendar Item E1. Motion carried unanimously, 5-0. F.1. Consideration of Meeting Minutes: Regular Meetings of October 3, 2018 and October 17, 2018. MOTION: Moved by Board Member Hutchison, seconded by Board Member Scott, to approve Consent Calendar Item F1. Motion carried unanimously, 5-0. G.1. Consideration of Meeting Minutes: Regular Meetings of October 3, 2018 and October 17, 2018 and Special Meeting Minutes of December 5, 2018 and January 21, 2019. G.2. Consideration to Approve Bi-Weekly Payroll in the Amount of $1,192,302.81 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $7,435,196.73 Dated January 09, 2019 Through January 28, 2019. G.3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of $20,662.28 Dated January 09, 2019 Through January 28, 2019. G.4. Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds for the Pacific Electric Trail Safety Enhancements and Green Bike Lane along Base Line Road, MSRC Contract No. ML14070 Project. G.5. Consideration of Reimbursement to the County of San Bernardino Flood Control District in Accordance with Agreement No. CO02-139 and an Appropriation of $176,540 from the Etiwanda/San Sevaine Drainage Fund (Fund 114) for Fees Collected in Fiscal Years 2016/17 and 2017/18. G.6. Consideration to Accept Public Improvements Located East of East Avenue, South of The 210 Freeway per Improvement Agreement Related to Tract 19968 As Complete, File the Notice of Completion, and Authorize Release of Bonds. D. CONSENT CALENDAR – HOUSING SUCCESSOR AGENCY E. CONSENT C ALENDAR – SUCCESSOR AGENCY F. CONSENT C ALENDAR – PUBLIC FINANCING AUTHORITY G. CONSENT CALENDAR – CITY COUNCIL Page 28 G.7. Consideration to Accept as Complete, File the Notice of Completion, Authorize the Release of Retention and Bonds, and Authorize an Appropriation in the Amount of $36,200 from the Measure I (Fund 177) for the Fiscal Year 2017/18 Local Overlay Pavement Rehabilitation. G.8. Consideration of a Cooperative Agreement Between the City and San Bernardino County Transportation Authority (SBCTA) and a Professional Services Agreement between the City and Fehr & Peers to Develop a Countywide Framework and City Traffic Impact Analysis Guidelines for Implementation of Senate Bill 743 (SB 743) and Authorization for an Appropriation in the Amount of $200,000 from the Community Development Technical Services Fund (Fund 016) to Fund the Contract and Related Reimbursements from Participating Agencies. G.9. Consideration of an Improvement Agreement, Improvement Security, and Ordering the Annexation to the Landscape Maintenance District No. 3B and Street Light Maintenance Districts Nos. 1 and 6 Related to Site Development Review Case No. DRC2018-00183, Located on the West Side of Pecan Avenue Between Arrow Route and Whittram Avenue, Submitted by Heartland Express Inc. of Iowa. RESOLUTION NO.19-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT) FOR DRC2018-00183 RESOLUTION NO.19-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR DRC2018-00183 RESOLUTION NO.19-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL) FOR DRC2018-00183 G.10. Consideration of an Appropriation in the amount of $1,914,620 from the Transportation Fund (Fund 124) for the Base Line Interchange Project. G.11. Consideration to Approve Amendment No. 4 to Contract CO 16-114 with EMCOR Services/Mesa Energy Systems in the Amount of $25,000; Authorize an Appropriation in the Amount of $12,500 from Fiber Optic Network Fund and Authorize an Appropriation in the Amount of $12,500 from Comp Equip/Tech Replacement Fund; for HVAC Maintenance at the New Data Center Located at the All-Risk Training Center. G.12. Consideration of Plans, Specifications and Estimates and Requesting Authorization to Advertise the "Notice Inviting Bids" for the Rancho Cucamonga Fire Protection District / City of Rancho Cucamonga Public Safety Facility. G.13. Consideration of the Purchase of Fixed Position Automatic License Plate Reader Cameras from Vigilant Solutions, a Sole Source Vendor, in the Am ount of $167,000 from the Law Enforcement Reserve Fund. G.14. Consideration to Approve a Resolution Appointing a Representative and Alternate Representative to the Public Agency Risk Sharing Authority of California (PARSAC) Board of Directors. RESOLUTION NO 19-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO APPOINT A REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA (PARSAC) BOARD OF DIRECTORS. MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Hutchison, to approve Consent Calendar Items G1 through G14. Motion carried unanimously, 5-0 with Council Member Scott abstaining from item G3. Page 29 DRAFT February 6, 2019| Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 6 of 7 H. CONSENT ORDINANCES H.1. Conduct second reading and adoption of Ordinance No. 944 - Municipal Code Amendment DRC2018- 00956 – City of Rancho Cucamonga – a request to amend Title 17 (Development Code) of the Municipal Code to expand limits on animal keeping for educational uses in the Industrial Park (IP) zone. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA guidelines under CEQA section 15061(b)(3). ORDINANCE NO. 944 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TO CONDITIONALLY PERMIT CERTAIN ANIMAL KEEPING IN THE INDUSTRIAL PARK ZONE AND AMENDING SECTIONS 17.30.030 AND 17.88.020 OF THE MUNICIPAL CODE REGARDING THE SAME MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Spagnolo, to adopt Ordinance No. 944, by title only and waive further reading. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 944. VOTES NOW CAST ON MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Spagnolo, to adopt Ordinance No. 944, by title only and waive further reading. Motion carried unanimously, 5-0. No Items. No Items. No Items. L1. COUNCIL ANNOUCEMENTS None L2. INTER-AGENCY UPDATES None I. ADMINISTRATIVE HEARING ITEM J. ADVERTISED PUBLIC HEARINGS CITY COUNCIL K. CITY MANAGERS STAFF REPORTS L. COUNCIL BUSINESS Page 30 DRAFT February 6, 2019| Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 7 of 7 None Mayor Michael adjourned the meeting at 7:32 p.m. in Memory of Former Mayor and Council Member William "Bill" Alexander. Respectfully submitted, __________________________________ Linda A. Troyan, MMC City Clerk Services Director Approved: M. IDENTIFICATION OF ITEMS FOR NEXT MEETING N. ADJOURNMENT Page 31 D AT E : F ebruary 20, 2019 T O:P resident and Members of the B oard of D irectors F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:Tamara L ayne, F inance D irector S UB J E C T:C O NS ID E RAT I O N T O AP P RO V E B I-WE E K LY PAY RO L L I N T HE AM O UNT O F $593,706.28 AND WE E K LY C HE C K RE G IS T E RS (E X C L UD I NG C HE C K S I S S UE D T O S O UT HE RN C AL I F O RNIA G AS C O M PANY) IN T HE AM O UNT O F $155,360.06 D AT E D J ANUARY 29, 2019 T HRO UG H F E B RUARY 11, 2019 . RE COMMENDAT ION: Staff recommends Fire Board approve payment of demands as presented. BACKGROUND: N/A ANALY S IS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRE S S E D: N/A AT TAC HM E NT S : D escription Attachment 1 Check Register Page 32 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount AP 00008701 01/30/2019 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 63,699.64 0.00 63,699.64 AP 00008702 01/30/2019 RCCEA 1,796.00 0.00 1,796.00 AP 00008703 01/30/2019 RCPFA 11,979.18 0.00 11,979.18 AP 00008704 02/06/2019 SAN BERNARDINO COUNTY 8.00 0.00 8.00 AP 00008705 02/06/2019 SAN BERNARDINO CTY SHERIFFS DEPT 3,226,757.29 0.00 3,226,757.29 AP 00397450 01/30/2019 ABLE BUILDING MAINTENANCE 1,099.40 0.00 1,099.40 AP 00397451 01/30/2019 AC PLUS HEATING AND AIR INC 184.86 0.00 184.86 AP 00397452 01/30/2019 ACTORS THEATRE SERIES 6,384.00 0.00 6,384.00 AP 00397453 01/30/2019 ADAPT CONSULTING INC 745.69 0.00 745.69 AP 00397454 01/30/2019 ADVANCED CHEMICAL TRANSPORT 1,634.50 0.00 1,634.50 AP 00397455 01/30/2019 AFLAC GROUP INSURANCE 40.97 0.00 40.97 AP 00397456 01/30/2019 ALCORN, RICHARD 10.00 0.00 10.00 AP 00397457 01/30/2019 ALTA VISTA MOBILE HOME PARK 400.00 0.00 400.00 AP 00397458 01/30/2019 AROCHO, ALMA 1,470.00 0.00 1,470.00 AP 00397459 01/30/2019 AVENA, VICKY 47.59 0.00 47.59 AP 00397460 01/30/2019 BAKER, NICK 5,379.30 0.00 5,379.30 AP 00397461 01/30/2019 BAST, KAROLYN 504.00 0.00 504.00 AP 00397462 01/30/2019 BEHAVIORAL ANALYSIS TRAINING INC 481.00 0.00 481.00 AP 00397463 01/30/2019 BELL, DANYELLE N 14.00 0.00 14.00 AP 00397464 01/30/2019 BICONDOVA, JOHN 0.00 320.00 320.00 AP 00397465 01/30/2019 BILL AND WAGS INC.0.00 534.38 534.38 AP 00397466 01/30/2019 BRAUN BLAISING SMITH WYNNE P.C.395.61 0.00 395.61 AP 00397467 01/30/2019 BRIGHTVIEW LANDSCAPE SERVICES INC.24,372.02 0.00 24,372.02 AP 00397468 01/30/2019 BUREAU VERITAS NORTH AMERICA INC 1,592.98 0.00 1,592.98 AP 00397469 01/30/2019 BUTSKO UTILITY DESIGN INC.90,778.79 0.00 90,778.79 AP 00397473 01/30/2019 C V W D 38,361.57 0.00 38,361.57 AP 00397474 01/30/2019 CA LLC - DBA ALTA LAGUNA MHP 600.00 0.00 600.00 AP 00397475 01/30/2019 CALIFORNIA BUILDING STANDARDS COMMISSION 868.50 0.00 868.50 AP 00397476 01/30/2019 CALIFORNIA DEPARTMENT OF 5,556.16 0.00 5,556.16 AP 00397477 01/30/2019 CALIFORNIA DIVISION OF THE STATE ARCHITECT 967.10 0.00 967.10 AP 00397478 01/30/2019 CALIFORNIA, STATE OF 250.00 0.00 250.00 AP 00397479 01/30/2019 CASA VOLANTE MOBILE HOME PARK 800.00 0.00 800.00 AP 00397480 01/30/2019 CASILLAS, JAMIE L 5.00 0.00 5.00 AP 00397481 01/30/2019 CCS ORANGE COUNTY JANITORIAL INC.59,813.00 0.00 59,813.00 AP 00397482 01/30/2019 CHAPARRAL HEIGHTS MOBILE HOME PARK 500.00 0.00 500.00 ***AP 00397483 01/30/2019 CHARTER COMMUNICATIONS 8,109.39 6,359.98 14,469.37 AP 00397484 01/30/2019 CINTAS CORPORATION #150 0.00 686.42 686.42 AP 00397485 01/30/2019 CLARK, KAREN 942.00 0.00 942.00 AP 00397486 01/30/2019 CLAUDIA STORM BIRD TRUST, THE 14,793.57 0.00 14,793.57 AP 00397487 01/30/2019 COMMERCIAL DOOR 290.00 0.00 290.00 AP 00397488 01/30/2019 COMPRESSED AIR SPECIALTIES 0.00 455.16 455.16 AP 00397489 01/30/2019 CONSOLIDATED ELECTRICAL DISTR INC 80.81 0.00 80.81 AP 00397490 01/30/2019 CUMMINS PACIFIC 0.00 323.30 323.30 AP 00397491 01/30/2019 D L PETERSON TRUST LSR 451.00 0.00 451.00 AP 00397492 01/30/2019 DAISY 388.40 0.00 388.40 AP 00397493 01/30/2019 DATA ARC LLC 11,776.75 0.00 11,776.75 AP 00397494 01/30/2019 DATA TICKET INC 2,725.50 0.00 2,725.50 17:54:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 33 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount AP 00397495 01/30/2019 DBAC INC.10,000.00 0.00 10,000.00 AP 00397496 01/30/2019 DEMCO INC 62.38 0.00 62.38 AP 00397497 01/30/2019 DOLLARHIDE, GINGER 179.80 0.00 179.80 AP 00397498 01/30/2019 DUNN, ANN MARIE 864.00 0.00 864.00 AP 00397499 01/30/2019 DUNN, CYNTHIA 0.00 1,207.58 1,207.58 AP 00397500 01/30/2019 EASTERLING, RAY 292.80 0.00 292.80 AP 00397501 01/30/2019 EPSTEIN, SHAWN 0.00 270.00 270.00 AP 00397502 01/30/2019 ESRI 2,765.00 0.00 2,765.00 AP 00397503 01/30/2019 FOWLER, JOVAN 45.29 0.00 45.29 AP 00397504 01/30/2019 FRANKLIN TRUCK PARTS 0.00 513.54 513.54 ***AP 00397506 01/30/2019 FRONTIER COMM 4,228.52 942.25 5,170.77 AP 00397507 01/30/2019 FRSFUSA INC 113.10 0.00 113.10 AP 00397508 01/30/2019 GALANG, EDWIN 162.16 0.00 162.16 AP 00397509 01/30/2019 GILKEY, JOHN 200.00 0.00 200.00 AP 00397510 01/30/2019 GILKEY, JOHN 200.00 0.00 200.00 AP 00397511 01/30/2019 GIORDANO, MARIANNA 105.60 0.00 105.60 AP 00397512 01/30/2019 GOCHEZ, MARGARET 42.00 0.00 42.00 AP 00397513 01/30/2019 GOODYEAR TIRE AND RUBBER CO.1,782.20 0.00 1,782.20 ***AP 00397514 01/30/2019 GRAINGER 1,361.37 241.26 1,602.63 AP 00397515 01/30/2019 GRIFFIN STRUCTURES INC 1,750.00 0.00 1,750.00 AP 00397516 01/30/2019 GROVES ON FOOTHILL, THE 300.00 0.00 300.00 AP 00397517 01/30/2019 HAMILTON, MONIQUE 1,440.00 0.00 1,440.00 AP 00397518 01/30/2019 HAMPTON YOGA 1,252.50 0.00 1,252.50 AP 00397519 01/30/2019 HENRY, TRACY A 217.84 0.00 217.84 AP 00397520 01/30/2019 HOME DEPOT CREDIT SERVICES 645 127.93 0.00 127.93 AP 00397521 01/30/2019 HOMETOWN AMERICA RAMONA VILLA 700.00 0.00 700.00 AP 00397522 01/30/2019 IIMC 220.00 0.00 220.00 AP 00397523 01/30/2019 IRON MOUNTAIN OSDP 874.49 0.00 874.49 AP 00397524 01/30/2019 JACOBS, CARIN 875.00 0.00 875.00 AP 00397525 01/30/2019 JOHNNY ALLEN TENNIS ACADEMY 2,483.40 0.00 2,483.40 AP 00397526 01/30/2019 JOKIMAN, MONICA 75.00 0.00 75.00 AP 00397527 01/30/2019 JUBILANT LASHES 1,347.44 0.00 1,347.44 AP 00397528 01/30/2019 KOREA DAILY, THE 244.00 0.00 244.00 AP 00397529 01/30/2019 KRONOS INC 0.00 1,920.00 1,920.00 ***AP 00397530 01/30/2019 LANCE SOLL AND LUNGHARD 51,800.00 4,500.00 56,300.00 AP 00397531 01/30/2019 LANDA, EDGAR 320.00 0.00 320.00 AP 00397532 01/30/2019 LATREACE, RAINEY 338.00 0.00 338.00 AP 00397533 01/30/2019 LEVEL 3 COMMUNICATIONS LLC 5,391.94 0.00 5,391.94 AP 00397534 01/30/2019 LIFE ASSIST INC 0.00 3,943.18 3,943.18 AP 00397535 01/30/2019 MACIEL, LUIS 83.42 0.00 83.42 AP 00397536 01/30/2019 MARK CHRISTOPHER INC 0.00 476.35 476.35 AP 00397537 01/30/2019 MCMASTER CARR SUPPLY COMPANY 334.37 0.00 334.37 AP 00397538 01/30/2019 MIDWEST TAPE 89.96 0.00 89.96 AP 00397539 01/30/2019 MIJAC ALARM COMPANY 0.00 171.00 171.00 AP 00397540 01/30/2019 MMASC 255.00 0.00 255.00 AP 00397541 01/30/2019 MORRIS, RICHARD 54.00 0.00 54.00 AP 00397542 01/30/2019 NAPA AUTO PARTS 0.00 228.25 228.25 17:54:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:2 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 34 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount AP 00397543 01/30/2019 NATIONAL RECREATION AND PARK ASSOC 2,575.00 0.00 2,575.00 AP 00397544 01/30/2019 NEIGHBORS, ZACK 21.46 0.00 21.46 AP 00397545 01/30/2019 NEOPOST USA INC 492.35 0.00 492.35 AP 00397546 01/30/2019 NEWCOMB ANDERSON MCCORMICK INC 3,185.00 0.00 3,185.00 AP 00397547 01/30/2019 NIELSEN, EMILY 89.00 0.00 89.00 AP 00397548 01/30/2019 ONTARIO WINNELSON CO 101.77 0.00 101.77 AP 00397549 01/30/2019 ONTRAC 41.40 0.00 41.40 AP 00397550 01/30/2019 ORKIN PEST CONTROL 135.00 0.00 135.00 AP 00397551 01/30/2019 ORONA, PATRICIA 700.00 0.00 700.00 AP 00397552 01/30/2019 OTT, LAURA 972.00 0.00 972.00 AP 00397553 01/30/2019 OTT, SHARON 594.00 0.00 594.00 AP 00397554 01/30/2019 PAPAZOGLU, NORAY 1,029.60 0.00 1,029.60 AP 00397555 01/30/2019 PHILLIPS, SPENCER 74.39 0.00 74.39 AP 00397556 01/30/2019 PINES MOBILE HOME PARK, THE 300.00 0.00 300.00 AP 00397557 01/30/2019 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00397558 01/30/2019 PREMIER SWIM ACADEMY 10,408.00 0.00 10,408.00 AP 00397559 01/30/2019 PRO SPRAY INC 392.60 0.00 392.60 AP 00397560 01/30/2019 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,166.00 0.00 3,166.00 AP 00397561 01/30/2019 RANCHO SANTA FE FIRE PROTECTION DIST 0.00 200.00 200.00 AP 00397562 01/30/2019 RIGLEMAN, ENCARNACION ONTIVEROS 160.00 0.00 160.00 AP 00397563 01/30/2019 ROBERTS, CHERYL L 0.00 40.00 40.00 AP 00397564 01/30/2019 ROYAL INDUSTRIAL SOLUTIONS CITY OF INDUSTRY 157.82 0.00 157.82 AP 00397565 01/30/2019 SAN BERNARDINO COUNTY SHERIFFS DEPT 2,480.00 0.00 2,480.00 AP 00397566 01/30/2019 SAN BERNARDINO CTY 0.00 12,697.62 12,697.62 AP 00397567 01/30/2019 SBPEA 1,521.02 0.00 1,521.02 AP 00397568 01/30/2019 SC FUELS 0.00 3,475.65 3,475.65 AP 00397569 01/30/2019 SCHNEIDER NATIONAL 320.00 0.00 320.00 AP 00397570 01/30/2019 SHEAKLEY PENSION ADMINISTRATION 391.75 0.00 391.75 AP 00397571 01/30/2019 SHRED PROS 0.00 55.00 55.00 AP 00397572 01/30/2019 SILVER & WRIGHT LLP 23,921.59 0.00 23,921.59 AP 00397574 01/30/2019 SOCAL OFFICE TECHNOLOGIES 599.62 0.00 599.62 AP 00397575 01/30/2019 SOCAL PPE 0.00 706.00 706.00 ***AP 00397582 01/30/2019 SOUTHERN CALIFORNIA EDISON 11,557.22 3,283.62 14,840.84 AP 00397583 01/30/2019 SOUTHLAND SPORTS OFFICIALS 552.00 0.00 552.00 AP 00397584 01/30/2019 STANDARD INSURANCE COMPANY 11,567.53 0.00 11,567.53 AP 00397585 01/30/2019 STANDARD INSURANCE COMPANY 3,044.03 0.00 3,044.03 AP 00397586 01/30/2019 STANLEY R HOFFMAN ASSOCIATES INC 7,340.00 0.00 7,340.00 AP 00397587 01/30/2019 STERLING COFFEE SERVICE 905.92 0.00 905.92 AP 00397588 01/30/2019 SUTTERFIELD, GORDON 94.00 0.00 94.00 AP 00397589 01/30/2019 SWEET DOUGH CAFE 420.00 0.00 420.00 AP 00397590 01/30/2019 SYCAMORE VILLA MOBILE HOME PARK 400.00 0.00 400.00 AP 00397591 01/30/2019 TARGETSOLUTIONS 0.00 3,760.00 3,760.00 AP 00397592 01/30/2019 THALAKOTR, MATHEW 36.49 0.00 36.49 AP 00397593 01/30/2019 TOLL BROTHERS 38,546.99 0.00 38,546.99 AP 00397594 01/30/2019 TYUS, IDA 511.65 0.00 511.65 AP 00397599 01/30/2019 VERIZON WIRELESS - LA 5,378.34 0.00 5,378.34 AP 00397600 01/30/2019 YNG CONSTRUCTION INC 10,000.00 0.00 10,000.00 17:54:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:3 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 35 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount AP 00397601 01/30/2019 C V W D 593.18 0.00 593.18 AP 00397602 01/30/2019 C V W D 397.52 0.00 397.52 AP 00397603 01/30/2019 U S LEGAL SUPPORT INC 310.87 0.00 310.87 AP 00397604 01/30/2019 U.S. BANK PARS ACCT #6746022500 23,217.43 0.00 23,217.43 AP 00397605 01/30/2019 U.S. BANK PARS ACCT #6746022500 1,109.57 0.00 1,109.57 AP 00397606 01/30/2019 UNITED SITE SERVICES OF CA INC 212.88 0.00 212.88 AP 00397607 01/30/2019 UNITED WAY 60.00 0.00 60.00 AP 00397608 01/30/2019 UNIVERSAL MARTIAL ARTS CENTERS 42.00 0.00 42.00 AP 00397609 01/30/2019 VERIZON BUSINESS SERVICES 40.41 0.00 40.41 AP 00397610 01/30/2019 VICTORINO, VALERIE 61.24 0.00 61.24 AP 00397611 01/30/2019 VIDO SAMARZICH INC 24,657.91 0.00 24,657.91 AP 00397612 01/30/2019 WALLACE, TIM 5,000.00 0.00 5,000.00 ***AP 00397613 01/30/2019 WAXIE SANITARY SUPPLY 2,503.71 822.54 3,326.25 AP 00397614 01/30/2019 WEST END MATERIAL SUPPLY 526.91 0.00 526.91 AP 00397615 01/30/2019 WESTLAND GROUP INC 918.50 0.00 918.50 AP 00397616 01/30/2019 YORK INSURANCE SERVICES GROUP INC 14,136.25 0.00 14,136.25 AP 00397617 01/30/2019 YORK INSURANCE SERVICES GROUP INC 0.00 21,224.25 21,224.25 AP 00397618 01/31/2019 CARQUEST AUTO PARTS 332.69 0.00 332.69 AP 00397619 01/31/2019 CITRUS MOTORS ONTARIO INC 399.82 0.00 399.82 AP 00397620 01/31/2019 DIAMOND ENVIRONMENTAL SERVICES 314.10 0.00 314.10 ***AP 00397621 01/31/2019 DUNN EDWARDS CORPORATION 28.41 28.41 56.82 AP 00397622 01/31/2019 EMCOR SERVICE 9,766.26 0.00 9,766.26 AP 00397623 01/31/2019 ESI ACQUISITIONS INC 0.00 20,800.00 20,800.00 AP 00397624 01/31/2019 HOSE MAN INC 157.73 0.00 157.73 AP 00397625 01/31/2019 INLAND VALLEY DAILY BULLETIN 2,440.10 0.00 2,440.10 AP 00397626 01/31/2019 MCFADDEN DALE HARDWARE 527.18 0.00 527.18 AP 00397627 01/31/2019 OFFICE DEPOT 9,886.73 0.00 9,886.73 AP 00397628 01/31/2019 PSA PRINT GROUP 38.79 0.00 38.79 AP 00397629 01/31/2019 SITEONE LANDSCAPE SUPPLY LLC 2,373.36 0.00 2,373.36 AP 00397630 01/31/2019 STABILIZER SOLUTIONS INC 2,239.23 0.00 2,239.23 AP 00397631 01/31/2019 SUNRISE FORD 943.51 0.00 943.51 AP 00397632 01/31/2019 THOMSON REUTERS WEST PUBLISHING CORP 203.64 0.00 203.64 AP 00397633 02/06/2019 A & A AUTOMOTIVE AND TIRE 349.82 0.00 349.82 AP 00397634 02/06/2019 A & M FIRST AID INC 2,060.73 0.00 2,060.73 AP 00397635 02/06/2019 ACEY DECY EQUIPMENT INC.212.42 0.00 212.42 AP 00397636 02/06/2019 ALBERT GROVER & ASSOCIATES 33,150.00 0.00 33,150.00 AP 00397637 02/06/2019 ALL CITIES TOOLS 260.68 0.00 260.68 AP 00397638 02/06/2019 ALL WELDING 340.00 0.00 340.00 AP 00397639 02/06/2019 ALLEN, ALEX 450.00 0.00 450.00 AP 00397640 02/06/2019 ARROW INTERNATIONAL 0.00 979.99 979.99 AP 00397641 02/06/2019 ARROW TRAILER SUPPLIES INC 328.74 0.00 328.74 AP 00397642 02/06/2019 AUFBAU CORPORATION 31,430.00 0.00 31,430.00 AP 00397643 02/06/2019 AUFBAU CORPORATION 768.00 0.00 768.00 AP 00397644 02/06/2019 AUFBAU CORPORATION 0.00 15,820.00 15,820.00 AP 00397645 02/06/2019 AUFBAU CORPORATION 7,936.00 0.00 7,936.00 AP 00397646 02/06/2019 AUTO AND RV SPECIALISTS INC.130.49 0.00 130.49 AP 00397647 02/06/2019 AYALA, JUAN 15.00 0.00 15.00 17:54:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:4 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 36 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount AP 00397648 02/06/2019 BAHAM, JAYLEN 350.00 0.00 350.00 AP 00397649 02/06/2019 BANNER BANK 4,220.11 0.00 4,220.11 AP 00397650 02/06/2019 BELTRAN, OSBALDO ALVARADO 621.00 0.00 621.00 AP 00397651 02/06/2019 BERLIN, DANIEL 350.00 0.00 350.00 AP 00397652 02/06/2019 BERNELL HYDRAULICS INC 1,885.08 0.00 1,885.08 AP 00397653 02/06/2019 BERTINO AUTOMOTIVE SERVICE 669.13 0.00 669.13 AP 00397654 02/06/2019 BICKMORE RISK SERVICES 1,320.00 0.00 1,320.00 AP 00397655 02/06/2019 BRIGHTVIEW LANDSCAPE SERVICES INC.18,652.12 0.00 18,652.12 ***AP 00397657 02/06/2019 C V W D 18,639.08 55.20 18,694.28 AP 00397658 02/06/2019 CADET TIRE COMPANY INC.2,480.00 0.00 2,480.00 AP 00397659 02/06/2019 CAL PERS LONG TERM CARE 152.48 0.00 152.48 AP 00397660 02/06/2019 CAL PERS LONG TERM CARE 152.48 0.00 152.48 AP 00397661 02/06/2019 CALIFORNIA MUNICIPAL UTILITIES ASSOC 5,523.00 0.00 5,523.00 AP 00397662 02/06/2019 CALIFORNIA SHOPPING CART RETRIEVAL CORP 175.00 0.00 175.00 AP 00397663 02/06/2019 CALIX INC.11,528.80 0.00 11,528.80 AP 00397664 02/06/2019 CAM PAINTING INC 51,205.00 0.00 51,205.00 AP 00397665 02/06/2019 CARTY, DIANE 240.00 0.00 240.00 AP 00397666 02/06/2019 CHAMPION AWARDS AND SPECIALTIES 19.40 0.00 19.40 AP 00397667 02/06/2019 CINTAS CORPORATION #150 4,479.19 0.00 4,479.19 AP 00397668 02/06/2019 CINTAS CORPORATION #150 0.00 39.75 39.75 AP 00397669 02/06/2019 CLINTON, JOHN 15.00 0.00 15.00 AP 00397670 02/06/2019 CNOA 100.00 0.00 100.00 AP 00397671 02/06/2019 COAST RECREATION INC 3,294.16 0.00 3,294.16 AP 00397672 02/06/2019 CONCEPT POWDER COATING 870.00 0.00 870.00 AP 00397673 02/06/2019 CONVERGEONE INC.2,392.00 0.00 2,392.00 AP 00397674 02/06/2019 CORTESE, ANGELICA 178.45 0.00 178.45 AP 00397675 02/06/2019 COSTA, CASSANDRA 350.00 0.00 350.00 AP 00397676 02/06/2019 COSTAR REALTY INFORMATION INC 2,088.00 0.00 2,088.00 AP 00397677 02/06/2019 CRAFCO INC 967.17 0.00 967.17 AP 00397678 02/06/2019 CREATIVE BUS SALES 220.00 0.00 220.00 AP 00397679 02/06/2019 D AND K CONCRETE COMPANY 6,106.20 0.00 6,106.20 AP 00397680 02/06/2019 DE LEON, REGGIE 100.00 0.00 100.00 AP 00397681 02/06/2019 DELTA DENTAL 1,279.34 0.00 1,279.34 AP 00397682 02/06/2019 DELTA DENTAL 41,863.02 0.00 41,863.02 AP 00397683 02/06/2019 DEPARTMENT OF TRANSPORTATION 11,029.93 0.00 11,029.93 AP 00397684 02/06/2019 DI-VERSATILE INC 192.50 0.00 192.50 AP 00397685 02/06/2019 DIXON, TESSA 540.00 0.00 540.00 AP 00397686 02/06/2019 EMERGENCY MEDICAL SERVICES AUTHORITY 0.00 111.00 111.00 AP 00397687 02/06/2019 ENN GEE CORP.222.00 0.00 222.00 AP 00397688 02/06/2019 EVERMAN, ALLEN 1,500.00 0.00 1,500.00 AP 00397689 02/06/2019 FEDERAL EXPRESS CORP 62.32 0.00 62.32 AP 00397690 02/06/2019 FEHR AND PEERS 588.74 0.00 588.74 AP 00397691 02/06/2019 FIGUEROA, WILLIAM 15.00 0.00 15.00 AP 00397692 02/06/2019 FIRST CLASS HEATING & AIR 3,200.00 0.00 3,200.00 AP 00397693 02/06/2019 FIVE CJ'S, THE 0.00 9,500.00 9,500.00 AP 00397694 02/06/2019 FORD OF UPLAND INC 12,784.97 0.00 12,784.97 AP 00397695 02/06/2019 FRONTIER COMM 1,599.23 0.00 1,599.23 17:54:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:5 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 37 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount AP 00397696 02/06/2019 GASIO, KEVIN 2,500.00 0.00 2,500.00 AP 00397697 02/06/2019 GLADWELL GOVERNMENT SERVICES 4,800.00 0.00 4,800.00 AP 00397698 02/06/2019 GLENN B. DORNING INC.64,533.58 0.00 64,533.58 AP 00397699 02/06/2019 GLOBAL EQUIPMENT COMPANY 939.31 0.00 939.31 AP 00397700 02/06/2019 GLOBALSTAR USA 343.82 0.00 343.82 AP 00397701 02/06/2019 GLOVER, MICHELE 0.00 81.40 81.40 AP 00397702 02/06/2019 GOMEZ, EDGAR 45.07 0.00 45.07 ***AP 00397703 02/06/2019 GRAINGER 2,466.00 142.43 2,608.43 AP 00397704 02/06/2019 GRAPHICS FACTORY INC.1,173.53 0.00 1,173.53 AP 00397705 02/06/2019 GRAYBAR 1,393.42 0.00 1,393.42 AP 00397706 02/06/2019 GRIFFITHS, VICTORIA MICHELLE 750.00 0.00 750.00 AP 00397707 02/06/2019 HASTINGS, RON 550.00 0.00 550.00 AP 00397708 02/06/2019 HEARTSAVERS LLC 352.00 0.00 352.00 AP 00397709 02/06/2019 HI WAY SAFETY INC 2,319.74 0.00 2,319.74 AP 00397710 02/06/2019 HMC ARCHITECTS 0.00 20,690.05 20,690.05 AP 00397711 02/06/2019 HONDA YAMAHA HUSQVARNA OF REDLANDS 477.80 0.00 477.80 AP 00397712 02/06/2019 HOUNG, MEGAN 2,300.00 0.00 2,300.00 AP 00397713 02/06/2019 HOWE, NOELLE 350.00 0.00 350.00 AP 00397714 02/06/2019 HOYT LUMBER CO., SM 0.00 24.23 24.23 AP 00397715 02/06/2019 INDERWIESCHE, MATT 1,404.00 0.00 1,404.00 AP 00397716 02/06/2019 INDUSTRIAL ELECTRIC MACHINERY LLC 19,100.00 0.00 19,100.00 AP 00397717 02/06/2019 INDUSTRIAL HARDWARE AND SERVICE CO 992.50 0.00 992.50 AP 00397718 02/06/2019 INTERNATIONAL ASSOC OF ADMIN PROFESSIONALS 150.00 0.00 150.00 AP 00397719 02/06/2019 INTERSTATE BATTERIES 332.19 0.00 332.19 AP 00397720 02/06/2019 INTERWEST CONSULTING GROUP INC 4,276.63 0.00 4,276.63 AP 00397721 02/06/2019 JACKSON, TIMOTHY 350.00 0.00 350.00 AP 00397722 02/06/2019 JACQUEZ, LAIHLA 300.00 0.00 300.00 AP 00397723 02/06/2019 JEEP CHRYSLER OF ONTARIO INC 145.83 0.00 145.83 AP 00397724 02/06/2019 JERICHO SYSTEMS INC 33,900.00 0.00 33,900.00 AP 00397725 02/06/2019 JETT, GAYLE 350.00 0.00 350.00 AP 00397726 02/06/2019 JIMENEZ, DIMITRI F 15.00 0.00 15.00 AP 00397727 02/06/2019 JOHNSON JR, SHERMAN 15.00 0.00 15.00 AP 00397728 02/06/2019 JONES, LUCAS 15.00 0.00 15.00 AP 00397729 02/06/2019 K-K WOODWORKING 53.82 0.00 53.82 AP 00397730 02/06/2019 KAISER FOUNDATION HEALTH PLAN INC 244,797.09 0.00 244,797.09 AP 00397731 02/06/2019 KILLION, JORDAN 550.00 0.00 550.00 AP 00397732 02/06/2019 KINDRED CORPORATION 2,121.86 0.00 2,121.86 AP 00397733 02/06/2019 LADD, MARLA GALE 3,000.00 0.00 3,000.00 AP 00397734 02/06/2019 LANDCARE USA LLC 1,400.00 0.00 1,400.00 AP 00397735 02/06/2019 LANE, JUSTIN 29.25 0.00 29.25 AP 00397736 02/06/2019 LAPG 4,285.65 0.00 4,285.65 AP 00397737 02/06/2019 LAURIE, GIANFRANCO 45.38 0.00 45.38 AP 00397738 02/06/2019 LAYER 1 COMMUNICATIONS INC 1,297.67 0.00 1,297.67 AP 00397739 02/06/2019 LEE, AMANDA 350.00 0.00 350.00 AP 00397740 02/06/2019 LINARES, RUDY 28.00 0.00 28.00 AP 00397741 02/06/2019 LOPEZ, MICHAEL RAMON 2,000.00 0.00 2,000.00 AP 00397742 02/06/2019 LOS ANGELES MUSICIANS COLLECTIVE 15,150.92 0.00 15,150.92 17:54:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:6 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 38 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount AP 00397743 02/06/2019 MARIN CONSULTING ASSOCIATES 300.00 0.00 300.00 AP 00397745 02/06/2019 MARIPOSA LANDSCAPES INC 222,309.08 0.00 222,309.08 AP 00397746 02/06/2019 MARTIN, JAMES 100.65 0.00 100.65 AP 00397747 02/06/2019 MATANGA, JULIE EDWARD 714.00 0.00 714.00 AP 00397748 02/06/2019 MAXWELL, MICHELLE 12.00 0.00 12.00 AP 00397749 02/06/2019 MCALLISTER, WILLIAM 2,245.00 0.00 2,245.00 AP 00397750 02/06/2019 MCCAIN INC 2,332.13 0.00 2,332.13 AP 00397751 02/06/2019 MCCUISTION, MICHAEL 0.00 270.00 270.00 AP 00397752 02/06/2019 MCI 33.36 0.00 33.36 AP 00397753 02/06/2019 MIDWEST TAPE 399.20 0.00 399.20 AP 00397754 02/06/2019 MIJAC ALARM COMPANY 0.00 177.00 177.00 AP 00397755 02/06/2019 MINOR, JENNA 400.00 0.00 400.00 AP 00397756 02/06/2019 MORENO VALLEY, CITY OF 50.00 0.00 50.00 AP 00397757 02/06/2019 MOUNTAIN VIEW GLASS AND MIRROR INC 5,333.70 0.00 5,333.70 AP 00397758 02/06/2019 MOUNTAIN VIEW SMALL ENG REPAIR 336.14 0.00 336.14 AP 00397759 02/06/2019 NAPA AUTO PARTS 27.82 0.00 27.82 AP 00397760 02/06/2019 NATIONAL CNG & FLEET SERVICE 590.18 0.00 590.18 AP 00397761 02/06/2019 NELSON, ARIANNA 350.00 0.00 350.00 AP 00397762 02/06/2019 NEVAREZ, CHRISTOPHER 350.00 0.00 350.00 AP 00397763 02/06/2019 NICOLS, JOSHUA W 342.00 0.00 342.00 AP 00397764 02/06/2019 NORIEGA, ESTELA SALVADOR 15.00 0.00 15.00 AP 00397765 02/06/2019 ONTARIO ELKS LODGE #1419 75.00 0.00 75.00 AP 00397766 02/06/2019 ONTARIO WINNELSON CO 0.00 2,280.05 2,280.05 AP 00397767 02/06/2019 ONWARD ENGINEERING 6,240.00 0.00 6,240.00 AP 00397768 02/06/2019 ONWARD ENGINEERING 102,326.25 0.00 102,326.25 AP 00397769 02/06/2019 ORDAZ, JESSICA 350.00 0.00 350.00 AP 00397770 02/06/2019 PACIFIC TRUCK EQUIPMENT 79.61 0.00 79.61 AP 00397771 02/06/2019 PACIFIC UTILITY INSTALLATION INC 294.00 0.00 294.00 AP 00397772 02/06/2019 PATTON SALES CORP 98.44 0.00 98.44 AP 00397773 02/06/2019 PEP BOYS 335.54 0.00 335.54 AP 00397774 02/06/2019 PETES ROAD SERVICE INC 1,124.25 0.00 1,124.25 AP 00397775 02/06/2019 PRADO, GABRIEL 15.00 0.00 15.00 AP 00397776 02/06/2019 PRIME GLASS 370.93 0.00 370.93 AP 00397777 02/06/2019 PRISTINE UNIFORMS LLC 0.00 370.62 370.62 AP 00397778 02/06/2019 PRO FORCE LAW ENFORCEMENT 1,714.35 0.00 1,714.35 AP 00397779 02/06/2019 PRO SALES GROUP INC 357.83 0.00 357.83 AP 00397780 02/06/2019 PRO SPRAY INC 567.00 0.00 567.00 AP 00397781 02/06/2019 PULLTARPS MANUFACTURING 1,249.56 0.00 1,249.56 AP 00397782 02/06/2019 R AND R AUTOMOTIVE 792.08 0.00 792.08 AP 00397783 02/06/2019 RABAJANTE, MELANIE 350.00 0.00 350.00 AP 00397784 02/06/2019 RAMBAUD, BRET 0.00 270.00 270.00 AP 00397785 02/06/2019 RAMTEK LLC 0.00 1,981.32 1,981.32 AP 00397786 02/06/2019 RANCHO MALL LLC 16,000.00 0.00 16,000.00 AP 00397787 02/06/2019 RANCHO SMOG CENTER 79.90 0.00 79.90 AP 00397788 02/06/2019 RBM LOCK AND KEY SERVICE 210.11 0.00 210.11 AP 00397789 02/06/2019 RDO EQUIPMENT COMPANY 380.16 0.00 380.16 AP 00397790 02/06/2019 RIOJAS, KEEGAN 850.00 0.00 850.00 17:54:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:7 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 39 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount AP 00397791 02/06/2019 RJ NOBLE COMPANY 80,182.14 0.00 80,182.14 AP 00397792 02/06/2019 RODAS' AUTO REPAIR 2,543.12 0.00 2,543.12 AP 00397793 02/06/2019 RODRIGUEZ, FRANCISCO 350.00 0.00 350.00 AP 00397794 02/06/2019 ROSE BRAND WIPERS INC 384.56 0.00 384.56 AP 00397795 02/06/2019 ROTO ROOTER 0.00 430.00 430.00 AP 00397796 02/06/2019 ROYAL INDUSTRIAL SOLUTIONS CITY OF INDUSTRY 1,272.33 0.00 1,272.33 AP 00397797 02/06/2019 RUIZ, ISAIAH 350.00 0.00 350.00 AP 00397798 02/06/2019 SAN BERNARDINO COUNTY SHERIFFS DEPT 4,042.75 0.00 4,042.75 AP 00397799 02/06/2019 SAN BERNARDINO COUNTY SHERIFF'S DEPT 315.00 0.00 315.00 AP 00397800 02/06/2019 SAN BERNARDINO COUNTY SHERIFFS DEPT 770.00 0.00 770.00 AP 00397801 02/06/2019 SAN BERNARDINO CTY 17,201.57 0.00 17,201.57 AP 00397802 02/06/2019 SAN BERNARDINO CTY AUDITOR CONTROLLER 404.00 0.00 404.00 AP 00397803 02/06/2019 SC FUELS 67,339.36 0.00 67,339.36 ***AP 00397804 02/06/2019 SC FUELS 2,345.24 1,019.97 3,365.21 AP 00397805 02/06/2019 SCLLN INC 150.00 0.00 150.00 AP 00397806 02/06/2019 SECC CORP 45,234.00 0.00 45,234.00 AP 00397807 02/06/2019 SHEAKLEY PENSION ADMINISTRATION 0.00 175.65 175.65 AP 00397808 02/06/2019 SHIELDS HARPER & CO 0.00 8,872.97 8,872.97 AP 00397809 02/06/2019 SHIELDS, JASON 300.23 0.00 300.23 AP 00397810 02/06/2019 SHIPMAN, LONNIE 71.60 0.00 71.60 AP 00397811 02/06/2019 SHOETERIA 136.83 0.00 136.83 ***AP 00397812 02/06/2019 SILVER & WRIGHT LLP 37,483.00 363.04 37,846.04 AP 00397814 02/06/2019 SOCIAL VOCATIONAL SERVICES 11,500.00 0.00 11,500.00 AP 00397815 02/06/2019 SOLARWINDS INC 3,395.00 0.00 3,395.00 AP 00397816 02/06/2019 SOMERA, ANDREA 550.00 0.00 550.00 ***AP 00397819 02/06/2019 SOUTHERN CALIFORNIA EDISON 16,660.46 464.91 17,125.37 AP 00397820 02/06/2019 SOUTHERN CALIFORNIA EDISON 149.36 0.00 149.36 AP 00397821 02/06/2019 SOUTHERN CALIFORNIA EDISON 2,657.37 0.00 2,657.37 AP 00397822 02/06/2019 SOUTHLAND SPORTS OFFICIALS 2,080.00 0.00 2,080.00 AP 00397823 02/06/2019 SPARKES, BRIAN 15.00 0.00 15.00 AP 00397824 02/06/2019 SPECIAL SERVICES GROUP LLC 269.38 0.00 269.38 AP 00397825 02/06/2019 STEMPINSKY, ANTHONY 15.00 0.00 15.00 AP 00397826 02/06/2019 STOR'EM SELF STORAGE 560.00 0.00 560.00 AP 00397827 02/06/2019 STOTZ EQUIPMENT 25,858.92 0.00 25,858.92 AP 00397828 02/06/2019 TEATS, STEVEN 350.00 0.00 350.00 AP 00397829 02/06/2019 TECH 24 COMMERCIAL FOODSERVICE REPAIR INC 506.03 0.00 506.03 AP 00397830 02/06/2019 TESSIER, JEAN YVES 5,500.00 0.00 5,500.00 AP 00397831 02/06/2019 THE COUNSELING TEAM INTERNATIONAL 0.00 840.00 840.00 AP 00397832 02/06/2019 TICKET ENVELOPE COMPANY 1,846.50 0.00 1,846.50 AP 00397833 02/06/2019 TINT CITY WINDOW TINTING 290.00 0.00 290.00 AP 00397834 02/06/2019 TIREHUB LLC 2,648.95 0.00 2,648.95 AP 00397835 02/06/2019 TORO TOWING 950.00 0.00 950.00 AP 00397836 02/06/2019 TRIMMER, PATRICIA A 400.00 0.00 400.00 AP 00397837 02/06/2019 UNIVERSAL MARTIAL ARTS CENTERS 577.50 0.00 577.50 AP 00397838 02/06/2019 UPS 131.71 0.00 131.71 AP 00397839 02/06/2019 US POSTMASTER 250.00 0.00 250.00 AP 00397840 02/06/2019 UTILIQUEST 2,028.66 0.00 2,028.66 17:54:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:8 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 40 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount AP 00397841 02/06/2019 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00397842 02/06/2019 VELOCITY TRUCK CENTERS 7,065.57 0.00 7,065.57 AP 00397843 02/06/2019 VILLENAS, FABIAN 100.13 0.00 100.13 AP 00397844 02/06/2019 VMI INC 2,338.03 0.00 2,338.03 AP 00397845 02/06/2019 VULCAN MATERIALS COMPANY 76.23 0.00 76.23 AP 00397846 02/06/2019 WATSON, ROSIE 250.00 0.00 250.00 AP 00397847 02/06/2019 WAXIE SANITARY SUPPLY 180.62 0.00 180.62 AP 00397848 02/06/2019 WIGGINS, RENADDA 54.00 0.00 54.00 AP 00397849 02/06/2019 WILKERSON-CAVER, PAMELA 42.51 0.00 42.51 AP 00397850 02/06/2019 WORLD ELITE GYMNASTICS 157.50 0.00 157.50 AP 00397851 02/06/2019 ZONES CORPORATE SOLUTIONS 288.27 0.00 288.27 AP 00397852 02/07/2019 AMERICAN RED CROSS 175.00 0.00 175.00 AP 00397853 02/07/2019 CASTRO, CAMILO 113.52 0.00 113.52 AP 00397854 02/07/2019 SAN BERNARDINO CTY AUDITOR CONTROLLER 104.00 0.00 104.00 AP 00397855 02/07/2019 SBC TREASURER TAX COLLECTOR 300.00 0.00 300.00 AP 00397856 02/07/2019 US POSTMASTER 250.00 0.00 250.00 AP 00397857 02/07/2019 BEST BEST AND KRIEGER 5,380.48 0.00 5,380.48 AP 00397858 02/07/2019 BIBLIOTHECA LLC 94,589.63 0.00 94,589.63 AP 00397861 02/07/2019 BRODART BOOKS 6,578.70 0.00 6,578.70 AP 00397862 02/07/2019 CITRUS MOTORS ONTARIO INC 0.00 4.63 4.63 AP 00397863 02/07/2019 GRANICUS INC 14,350.00 0.00 14,350.00 AP 00397864 02/07/2019 OFFICE DEPOT 5,000.51 0.00 5,000.51 AP 00397865 02/07/2019 PSA PRINT GROUP 38.79 0.00 38.79 ***AP 00397866 02/07/2019 SAFETY KLEEN SYSTEMS INC 377.13 210.11 587.24 AP 00397867 02/07/2019 SIEMENS INDUSTRY INC 24,733.20 0.00 24,733.20 AP 00397868 02/07/2019 SITEONE LANDSCAPE SUPPLY LLC 441.47 0.00 441.47 AP 00397869 02/07/2019 SWANK MOTION PICTURES INC 28.00 0.00 28.00 AP 00397870 02/07/2019 THOMSON REUTERS WEST PUBLISHING CORP 364.93 0.00 364.93 $5,518,661.62 $5,674,021.68 $155,360.06 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 17:54:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:9 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 41 D AT E : F ebruary 20, 2019 T O:P resident and Members of the B oard of D irectors F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:Tamara L ayne, F inance D irector S UB J E C T:C O NS ID E RAT I O N T O AP P RO V E WE E K LY C HE C K RE G IS T E RS F O R C HE C K S I S S UE D T O S O UT HE RN C AL IF O RNI A G AS C O M PANY I N T HE AM O UNT O F $3,408.24 D AT E D J ANUARY 29, 2019 T HRO UG H F E B RUARY 11, 2019. RE COMMENDAT ION: Staf f recommends F ire Board approve payment of demands as presented. BACKGROUND: N/A ANALY S IS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRE S S E D: N/A AT TAC HM E NT S : D escription Attachment 1 S o Ca Gas C heck R egister Page 42 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount ***AP 00397573 01/30/2019 SO CALIF GAS COMPANY 22,838.59 3,408.24 26,246.83 AP 00397813 02/06/2019 SO CALIF GAS COMPANY 1,125.14 0.00 1,125.14 $23,963.73 $27,371.97 $3,408.24 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 17:53:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 43 D AT E : F ebruary 20, 2019 T O:P resident and Members of the B oard of D irectors F RO M :L ori E . S assoon, Deputy City Manager/Administrative Services INIT IAT E D B Y:Tamara L . L ayne, F inance D irector S andra G. Ramirez, Management Analyst I I I S UB J E C T:C O NS ID E RAT I O N T O RE C E IV E AND F IL E C URRE NT I NV E S T M E NT S C HE D UL E AS O F J ANUARY 31, 2019. RE COMMENDAT ION: Staf f recommends that the President and Members of the Board of D irectors receive and file the attached current investment schedule f or the R ancho Cucamonga F ire Protection D istrict as of J anuary 31, 2019. BACKGROUND: T he attached investment schedule as of J anuary 31, 2019 reflects cash and investments managed by the F inance/Treasury Management Division and is in conf ormity with the requirements of California Government C ode S ection 53601 and the Rancho Cucamonga F ire P rotection District’s adopted I nvestment P olicy as approved by the P resident and Members of the B oard of D irectors on April 17, 2017. ANALY S IS: T he District’s Treasurer is required to submit a quarterly investment report to the P resident and Members of the B oard of D irectors in accordance with California Government C ode S ection 53646. T he quarterly investment report is required to be submitted within 30 days following the end of the quarter covered by the report. However, the D istrict Treasurer has elected to provide this report on a monthly basis. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRE S S E D: N/A AT TAC HM E NT S : D escription Attachment 1 - Portfolio Management - P ortf olio Summary J anuary 31, 2019 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 D AT E : F ebruary 20, 2019 T O:P resident and Members of the B oard of D irectors F RO M :L ori E . S assoon, Deputy City Manager/Administrative Services INIT IAT E D B Y:Tamara L . L ayne, F inance D irector S andra G. Ramirez, Management Analyst I I I S UB J E C T:AP P RO VAL T O AD O P T ANNUAL S TAT E M E NT O F INV E S T M E NT P O L IC Y. RE COMMENDAT ION: T he President and Members of the Board of D irectors review the S tatement of I nvestment P olicy on an annual basis. I t is recommended that the P resident and Members of the B oard of Directors approve and adopt the attached S tatement of I nvestment Policy f or the R ancho Cucamonga F ire Protection D istrict. BACKGROUND: C alif ornia Government Code Section 53646 requires that the Treasurer or Chief F iscal Of f icer annually renders to the President and Members of the B oard of Directors a Statement of I nvestment P olicy, which shall be considered at a public meeting. F urther, the President and Members of the Board of Directors shall also consider any modif ications to the investment policy at a public meeting. T his year there have been no changes to S tate law that would require modif ications to the existing investment policy. However, there are a few minor wording changes. A ttached for your review and approval is the D istrict Treasurer ’s “S tatement of I nvestment Policy.” ANALY S IS: T he President and Members of the B oard of D irectors originally adopted a Statement of I nvestment Policy in J uly 1990. T he D istrict’s I nvestment Policy and practices are based upon f ederal, state, and local law, as well as the prudent investor standard. T he primary goals of the District’s policy are: 1) to ensure compliance with all federal, state, and local law governing the investment of monies under the control of the District Treasurer; 2) to protect the District’s assets; and 3) to invest public f unds prudently. T he District Treasurer is authorized to invest the D istrict’s funds in accordance with the California Government C ode Section 53600 et seq. (the “S tate Code”), and the investment policy adopted by the President and Members of the B oard of D irectors. These funds are accounted f or in the C ity’s f inancial system and are reported annually in the City’s Comprehensive A nnual F inancial R eport (C A F R). T he President and Members of the B oard of D irectors also receive a monthly investment report as part of the agenda packet f or certain scheduled District meetings. T he District continues to maintain an investment strategy more conservative than required under state law. Additionally, the District Treasurer and F inance staf f regularly monitor legislation, government code amendments, and professional practices pertaining to investing of public f unds, to ensure the D istrict’s Page 51 Annual S tatement of I nvestment Policy is updated as appropriate. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRE S S E D: Annual adoption of the Statement of I nvestment P olicy supports the C ity's goal to undertake programs and projects to enhance Rancho C ucamonga's position as the premier community in our region. AT TAC HM E NT S : D escription Attachment 1 - Statement of I nvestment P olicy Page 52 STATEMENT OF INVESTMENT POLICY 2019 Prepared by the Administrative Services Group Lori E. Sassoon, Treasurer Tamara L. Layne, Finance Director Sandra G. Ramirez, Management Analyst III Page 53 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT STATEMENT OF INVESTMENT POLICY TABLE OF CONTENTS Introduction ........................................................................................................ 1 Scope .................................................................................................................. 1 Prudence ............................................................................................................ 2 Objective ......................................................................................................... 2-3 Delegation of Authority ...................................................................................... 3 Ethics and Conflicts of Interest ............................................................................ 4 Authorized Financial Dealers and Institutions ..................................................... 4 Authorized and Suitable Investments .............................................................. 4-8 Review of Investment Portfolio ....................................................................... 8-9 Investment Pools ................................................................................................ 9 Collateralization .................................................................................................. 9 Safekeeping and Custody .................................................................................. 10 Diversification ................................................................................................... 10 Maximum Maturities ........................................................................................ 10 Internal Control ................................................................................................ 11 Performance ..................................................................................................... 11 Reporting ..................................................................................................... 11-12 Investment Policy Adoption .............................................................................. 12 Glossary ....................................................................................................... 13-18 Broker/Dealer Questionnaire and Certification ....................................... Exhibit A Summary of Authorized and Suitable Investments .................................. Exhibit B Page 54 Statement of Investment Policy Page 1 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT STATEMENT OF INVESTMENT POLICY 1.0 INTRODUCTION This Statement of Investment Policy (“Policy”) provides guidelines for the prudent investment of the Rancho Cucamonga Fire Protection District’s idle cash and outlines the policies essential to ensuring the safety and financial strength of the District’s investment portfolio. The investment policy is based on the principles of prudent money management and conforms to all federal, state, and local laws governing the investment of public funds. The goal of the District’s investment policy is to enhance the economic status of the District by protecting its pooled cash and to invest public funds to: 1. Meet the daily cash flow needs of the District; 2. Comply with all laws of the State of California regarding investment of public funds; and 3. Achieve a reasonable rate of return while minimizing the potential for capital losses arising from market changes or issuer default. 2.0 SCOPE The investment policy applies to the investment activities of all funds of the Rancho Cucamonga Fire Protection District. These funds are accounted for in the City’s Comprehensive Annual Financial Report (CAFR) and include: General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Proprietary Funds, as well as Agency Funds and a Private-Purpose Trust Fund. Bond proceeds shall be invested in accordance with the requirements and restrictions outlined in bond documents as approved by the President and Members of the Board of Directors. Guidelines presented herein are not intended to apply to bond proceeds held by the District or by fiscal agents or trustees for bond holders of Fire debt. However, investment of bond proceeds will be no less restrictive than the District’s investment of its idle cash. The District may direct its fiscal agents to invest funds associated with bonds or debt issues pending disbursement or reinvestment in “money market mutual funds” that are shares of beneficial interest issued by diversified management companies. The criteria for “money market mutual funds” are more specifically described in California Government Code § 53601(l). Page 55 Statement of Investment Policy Page 2 3.0 PRUDENCE The District Treasurer, the delegated investment officers, and/or his/her appointed designee operate the District’s pooled cash investment program and invest to optimize risk. Investments shall be made in a manner consistent with the “prudent investor” standard for trustees of local government monies, as described in Government Code section 53600.3 which states: When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. The District Treasurer, the delegated investment officers, and/or his/her appointed designee acting in accordance with the investment policy and the “prudent investor” standard and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments, whenever possible. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the professional management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. 4.0 OBJECTIVE The objective of the investment portfolio is to meet the short and long term cash flow demands of the District. To achieve this objective, the portfolio will be structured to provide safety of principal and liquidity, while then providing a reasonable return on investments. The authority governing investments for municipal governments is set forth in Government Code Sections 53600 et seq. District strategy has been to limit investments more stringently than required under state law. The primary objectives of investment activities, in order of priority are: 1. Safety - Safety and risk associated with an investment refers to the potential loss of principal, interest, or combination thereof. The District only invests in those instruments that are considered safe. Each investment transaction shall be undertaken Page 56 Statement of Investment Policy Page 3 in a manner that seeks to ensure, whenever possible, that all capital losses are avoided, whether from securities default, broker/dealer default, or erosion of market value. The District shall seek to preserve principal by mitigating two types of risk: credit risk and market risk. • Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing in only very safe securities and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the District’s cash flow. • Market risk, defined as the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by structuring the portfolio to align with the District’s anticipated cash flow needs. It is explicitly recognized, however, that in a diversified portfolio, occasional measured losses may occur and must be considered within the context of overall investment return and liquidity needs. 2. Liquidity - Liquidity is an important investment quality especially when the need for unexpected funds occasionally occurs. The District’s investment portfolio will remain sufficiently liquid to enable the District to meet operating requirements that might be reasonably anticipated. 3. Yield - The District’s investment portfolio shall be designed with the objective of attaining a reasonable market rate of return throughout budgetary and economic cycles, commensurate with the District’s investment risk constraints as long as it does not diminish the objectives of Safety and Liquidity. 5.0 DELEGATION OF AUTHORITY The President and Members of the Board of Directors, as permitted under California Government Code §53607, delegates the responsibility to manage the Rancho Cucamonga Fire Protection District’s investment portfolio to the District Treasurer. The District Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials, and their procedures, in the absence of the District Treasurer. Pursuant to Government Code §1190, the District Treasurer has the authority to appoint a Deputy Treasurer or designee to act on behalf of the District. The District Treasurer will provide written authorization in delegating any of his/her authority. Page 57 Statement of Investment Policy Page 4 6.0 ETHICS AND CONFLICTS OF INTEREST The Treasurer/Deputy Treasurer and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officers shall disclose any material financial interest in financial institutions that conduct business with the District, and they shall further disclose any personal financial/investment positions that could be affected by the performance of the District’s operations and functions or by the management of the District’s investment program. The Treasurer/Deputy Treasurer and investment employees are required to file annual disclosure statements as required by the Fair Political Practices Commission (FPPC). 7.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The District Treasurer will maintain a list of approved security broker/dealers selected by credit worthiness who are authorized to provide investment services to the District. The District will transact business only with approved investment securities broker/dealers that are approved as an authorized broker/dealer in compliance with the District selection process. The Treasurer shall request all broker/dealers that wish to do business with the District to provide proof of capitalization to meet the District’s needs and agree to abide by the conditions set forth in this investment policy. They must have offices in the State of California, provide a current audited financial statement, proof of Financial Industry Regulatory Authority (FINRA) certification, proof of State of California registrations, and complete the appropriate City Broker/Dealer Questionnaire and Certification. The questionnaire used for these processes is attached to this Investment Policy as Exhibit A. The District shall at least annually provide a copy of the current investment policy to all broker/dealers approved to do business with the District. Broker/dealers shall be required to provide a confirmation certification acknowledging receipt of the policy and submit their most recent audited financial statements. Confirmation of receipt of this policy shall be considered evidence that the broker/dealers understands the District’s investment policy and agrees to sell the District only suitable and appropriate investments in compliance with the District’s investment policy. 8.0 AUTHORIZED AND SUITABLE INVESTMENTS The District is further governed by California Government Code Sections 53600 et. seq. to invest in specific types of securities. The District has further limited the types of securities in which it may invest. Any security not listed in Section 8.0 is not a valid investment for the District. The concise list of approved securities is as follows: Page 58 Statement of Investment Policy Page 5 • United States Treasury Securities: United States Treasury Bills, Bonds, and Notes or those instruments for which the full faith and credit of the United States are pledged for payment of principal and interest. There is no limit on the percentage of the portfolio that can be invested in this category. The District shall not invest in any security that exceeds five-years of maturity. • United States Federal Agencies: Obligations issued by Federal Agencies or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There is no limit on the percentage of the portfolio that can be invested in this category. The District shall not invest in any security that exceeds five-years of maturity. • Municipals Notes or Bonds: Taxable or tax-exempt bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency. At the time of purchase, long term investments must have a minimum rating of either “A1” by Moody’s Investor Services Inc. or “A+” by Standard & Poor's Corporation, the minimum short-term rating of either “MIG 1” by Moody’s Investor Services Inc. or “SP-1” by Standard & Poor’s Corporation. (The minimum rating shall apply to any agency, irrespective of any credit enhancement). There is a 30% limit on the percentage of the portfolio that can be invested in this category. The District shall not invest in any security that exceeds five-years of maturity. • Certificates of Deposit (Time Deposits): Non-negotiable time deposits, collateralized in accordance with the California Government Code, may be purchased through banks and savings and loan associations. There is no limit on the percentage of the portfolio that can be invested in this category. The District shall not invest in any security that exceeds five-years of maturity. • Negotiable Certificates of Deposit: Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Page 59 Statement of Investment Policy Page 6 There is a 30% limit on the percentage of the portfolio that can be invested in this category. The District shall not invest in any security that exceeds five-years of maturity. • Bankers’ Acceptances : Bankers’ acceptances, otherwise known as bills of exchange or time drafts, that are drawn on and accepted by a commercial bank. There is a 40% limit on the percentage of the portfolio that can be invested in this category. No more than 30% percent of the District’s moneys shall be invested in the bankers’ acceptances of any one commercial bank. The maximum maturity shall not exceed 180 days. • Commercial Paper: Must be of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by Moody’s Investor Services Inc. or Standard & Poor’s Corporation of at least “A” or “A1/P1” is required. Purchases of commercial paper are limited to no more than 10% of the outstanding commercial paper of any single issuer. The entity that issues the commercial paper shall meet all the following conditions: (i) is organized and operating in the United States as a general corporation, (ii) has total assets in excess of five hundred million dollars ($500,000,000), and (iii) has debt other than commercial paper, if any, that is rated at least “A” or its equivalent, by a Nationally Recognized Statistical Rating Organization (NRSRO.) There is a 25% limit on the percentage of the portfolio that can be invested in this category. No more than 5% of the cost value of the portfolio at time of purchase may be invested in Commercial Paper issued by any one corporation. The sum of the market value of the Commercial Paper and Medium-Term Notes invested in any one corporation or corporate entity shall not exceed 5% of the cost value of the portfolio at time of purchase. The maximum maturity shall not exceed 270 days. • State of California Local Agency Investment Fund (LAIF): The Local Agency Investment Fund (LAIF) is a State of California managed investment pool established by the State Treasurer for the benefit of local agencies. There is no limit on the percentage of the portfolio that can be invested in this category. The maximum investment in LAIF accounts is dependent upon limits established under the Local Agency Investment Fund guidelines and not Government Code. Page 60 Statement of Investment Policy Page 7 • Joint Powers Authority (JPA) Investment Pool (Short-Term): Investment Trust of California (CalTRUST). CalTRUST accounts have been created to facilitate the centralization of the investment management function on behalf of California local agencies through a partnership between the California State Association of Counties and the League of California Cities. There is a 10% limit on the percentage of the portfolio that can be invested in this category. The District shall not invest in any security that exceeds five-years of maturity. • Deposit of Funds: “Depository” means a state or national bank, savings association or federal association, a state or federal credit union, or a federally insured industrial loan company, in this state in which the moneys of a local agency are deposited. Deposits in banks or other depository institutions may be in demand accounts (checking), savings accounts, market rate accounts, and time deposits. California law requires that public deposits in banks be insured by the Federal Deposit Insurance Corporation (FDIC) or, to the extent not insured, collateralized with certain types of securities. There is no limit on the percentage of the portfolio that can be invested in this category. • Repurchase Agreements (Repos): An executed Master Repurchase Agreement is required between the Rancho Cucamonga Fire Protection District and the broker dealer or financial Institution. The market value of securities that underlies a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. There is a 20% limit on the percentage of the portfolio that can be invested in this category. The maximum maturity shall not exceed one year of maturity. • Medium-Term Notes: Medium-Term Notes are defined as all corporate and depository institution debt securities. They must be issued by corporations organized and operating within the United States. Notes eligible for investment shall be rated “AA” or better by Moody’s Investor Services Inc. or Standard & Poor’s Corporation There is a 30% limit on the percentage of the portfolio that can be invested in this category. No more than 5% of the cost value of the portfolio at time of purchase may be invested in notes issued by any one corporation. The sum of the market value of the Medium-Term Notes and Commercial Paper invested in any one corporation or corporate entity shall not exceed 5% of the cost value of the portfolio at time of purchase. Page 61 Statement of Investment Policy Page 8 The District shall not invest in any security that exceeds five-years of maturity. • Supranational Securities: United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter- American Development Bank. The maximum remaining maturity for supranational obligations must be five years or less, and they must be eligible for purchase and sale within the United States. These investments must be rated in a rating category of “AA” or better by a NRSRO. There is a 30% limit on the percentage of the portfolio that can be invested in this category. The District shall not invest in any security that exceeds five-years of maturity. • Investment Agreements: Investment agreements, guaranteed investment contracts, funding agreements, or any other form of corporate note which represents the unconditional obligation of one or more banks, insurance companies or other financial institutions, or are guaranteed by a financial institution, which has an unsecured rating, or which agreement is itself rated, as of the date of execution thereof, in one of the two highest rating categories by two or more rating agencies; or, which are collateralized at least 100% with U.S. Government securities. There is a 5% limit on the percentage of the portfolio that can be invested in this category. Percentage limits for Investment Agreements are not intended to apply to bond funds held by the District or by Fiscal Agents or Trustees, in which investment of such funds is under the District’s control or direction. See summary table of “Authorized and Suitable Investments” at Exhibit B. 9.0 REVIEW OF INVESTMENT PORTFOLIO The securities held by the Rancho Cucamonga Fire Protection District must be in compliance with Section 8.0 “Authorized and Suitable Investments” at the time of purchase. If, subsequent to the date of purchase, a security is determined to be no longer in compliance with Section 8.0, the District Treasurer shall report the non-compliant security to the President and Members of the Board of Directors and shall include a disclosure in the monthly Investment Report if the security is held at the date the report is prepared. Page 62 Statement of Investment Policy Page 9 The City’s external, independent auditors perform an annual review of the District’s Investment Policy, investment process, and related internal controls. The annual review process is performed as part of the City’s annual external financial audit. 10.0 INVESTMENT POOLS The Local Agency Investment Fund (LAIF) is a voluntary investment alternative for California’s local governments and special districts authorized by the California Government Code. LAIF is a State of California managed investment pool established by the State Treasurer for the benefit of local agencies. The District’s participation in LAIF was approved by the President and Members of the Board of Directors with other authorized investments in July 1990. It is a permitted investment with the knowledge that the fund may invest in some vehicles allowed by statute but not otherwise authorized under the District’s authorized investments. All securities in LAIF are purchased under the authority of Government Code Sections 16430 and 16480. All investments are purchased at market value, and market valuation is conducted monthly. The District may also invest in shares of beneficial interest issued by a joint powers authority (“JPA”) organized pursuant to Section 6509.7 of the California Government Code that invests in the securities and obligations specified in the code and which shall retain an investment advisor that meets the following criteria: 1. Be registered or exempt from registration with the Securities and Exchange Commission; 2. Have assets under management in excess of five hundred million dollars, ($500,000,000), and 3. Have not less than five (5) years of experience investing in the securities and obligations authorized herein. 11.0 COLLATERALIZATION All demand deposits, time deposits and certificates of deposits that are not insured by the Federal Deposit Insurance Corporation (FDIC) must be fully collateralized in accordance with Government Code Section 53601. Page 63 Statement of Investment Policy Page 10 12.0 SAFEKEEPING AND CUSTODY To protect against potential losses by the collapse of individual securities dealers, all trades will be transacted on a delivery-versus-payment (DVP) basis. This means that the securities shall be delivered to the District’s designated custodian upon receipt of the payment by the District. The securities shall be held in safekeeping by a third party custodian, acting as agent for the District under the terms of a custody agreement executed by the bank and District. The third party custodian shall be required to issue a monthly safekeeping report to the District that lists the specific investment, rate, maturity and other pertinent information. The only exception to the foregoing shall be depository accounts and security purchases made with investment pools and certificates of deposit since the purchased securities are not deliverable. Evidence of these investments will be held in the City’s vault. No outside broker/dealer or advisor may have access to District funds, accounts or investments, and any transfer of funds to or through an outside broker/dealer must be approved by the District Treasurer/Deputy Treasurer. The District strives to maintain the level of investment of all funds as near 100% as possible, through daily and projected cash flow determinations. Idle cash management and investment transactions are the responsibility of the District Treasurer. 13.0 DIVERSIFICATION It is the policy of the District to diversify its investment portfolio. Assets shall be diversified to eliminate the risk of loss resulting from over-concentration of assets in a specific issuer, security type, and maturities. Diversification strategies shall be determined and revised periodically. The purpose of diversifying is to reduce overall portfolio risks while attaining an average market rate of return; therefore, it needs to be conceptualized in terms of maturity, instrument types and issuer. 14.0 MAXIMUM MATURITIES To the extent possible, the District will attempt to match security maturities to anticipated cash flow requirements. The maximum maturity of individual investments shall not exceed a maturity of five years from the settlement date unless the President and Members of the Board of Directors has granted authority to make that investment either specifically or as a part of an investment program approved by the Board. Page 64 Statement of Investment Policy Page 11 15.0 INTERNAL CONTROL The District Treasurer and/or his/her appointed designee shall establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures set forth in this Investment Policy. Also, see Section 9.0 of this Policy. 16.0 PERFORMANCE The investment performance of the District’s operating portfolio shall be evaluated and compared to an appropriate benchmark in order to assess the success of the investment program relative to the District’s Safety, Liquidity, and Yield objectives. This review will be conducted annually with the District’s Treasurer, and Finance Director and, if necessary, consider making adjustments to future investment strategies as market conditions permit. 17.0 REPORTING The District Treasurer shall prepare and submit a monthly investment report to the President and Members of the Board of Directors and City Manager, which shall include all securities, excluding those held by and invested through trustees. The report shall include the following: • The type of investment, name of the issuer, date of purchase, date of maturity, par and dollar amount invested in all securities. • The weighted average maturity of the investments. • Any funds, investments, or programs including loans that are under the management of contracted parties. • A description of the compliance with the Statement of Investment Policy. • A statement of the District’s ability to meet its pooled expenditure requirements for the next six months or provide an explanation as to why sufficient money shall, or may not be available. • The investment portfolio report shall include current market value information for all investments. A monthly market value will be obtained for each security owned by the District. For purposes of reporting, the market value of each security may be obtained from the District’s custodian bank or other pricing source(s) utilized by the District’s approved brokers. Page 65 Statement of Investment Policy Page 12 The District Treasurer shall be responsible for reviewing and modifying investment guidelines as conditions warrant and is required to submit same for re-approval to the President and Members of the Board of Directors on an annual basis with or without changes. However, the District Treasurer may, at any time, further restrict the items approved for purchase as deemed appropriate. The basic premise underlying the District’s investment philosophy is, and will continue to be, to ensure that money is always safe and available when needed. 18.0 INVESTMENT POLICY ADOPTION The Rancho Cucamonga Fire Protection District’s Investment Policy shall be reviewed and approved annually by the President and Members of the Board of Directors. Any modifications made to the Investment Policy must be approved by the President and Members of the Board of Directors. Lori E. Sassoon Date Treasurer Rancho Cucamonga Fire Protection District Page 66 Statement of Investment Policy Page 13 GLOSSARY OF TERMS AGENCIES: Agencies of or sponsored by the Federal government set up to supply credit to various classes of institutions. Examples include Federal Home Loan Banks (FHLB), Federal Farm Credit Bank (FFCB), Federal Home Loan Mortgage Corporation (FHLMC), Federal National Mortgage Association (FNMA) and Sallie Mae. ASKED: The price at which securities are offered by a selling party to a buying party. BANKERS’ ACCEPTANCE (BA): A draft, bill, or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BASIS POINT: One basis point is one-hundredth of a percent (i.e., 0.01%). BEAR MARKET: A period of generally pessimistic attitudes and declining market prices. BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments. BID: The price offered by a buyer of securities. (When selling securities, you ask for a bid.) BOND EQUIVALENT YIELD: The basis on which yields on notes and bonds are quoted. BOOK VALUE (COST VALUE): The value at which a debt security is shown on the holder’s balance sheet. Book value is acquisition cost less amortization of premium or accretion of discount. BROKER/DEALER: An individual or firm that brings buyers and sellers together in a securities transaction. BULL MARKET: A period of generally optimistic attitudes and increasing market prices. CALLABLE SECURITIES: A security that is redeemable by the issuer before the scheduled maturity. Bonds are usually called when the interest rates fall so significantly that the issuer can save money by floating new bonds at lower rates. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a Certificate. Large denomination CD’s are typically negotiable. Page 67 Statement of Investment Policy Page 14 COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also, refers to securities pledged by a bank to secure deposits of public monies. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report of the City of Rancho Cucamonga. It includes five combined statements for each individual fund and account group prepared in conformity with Generally Accepted Accounting Principles (GAAP). It also includes supporting schedules necessary to demonstrate compliance with GAAP, finance- related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. CORPORATE MEDIUM-TERM NOTE: Corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. COUPON: (a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. (b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT (DVP): Delivery of securities with a simultaneous exchange of money for the securities. DERIVATIVES: Financial products dependent for their value on (or derived from) an underlying financial instrument, a commodity, or an index. DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is at a discount. DISCOUNT SECURITIES: Non-interest bearing, money market instruments that are issued at a discount and redeemed at maturity for full face value, e.g. U.S. Treasury Bills. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. Page 68 Statement of Investment Policy Page 15 FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits up to $250,000 per deposit. FEDERAL FUNDS RATE: The interest rate charged by one institution lending federal funds to another. FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks), which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLBs is to liquefy the housing related assets of its members who must purchase stock in their district bank. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation’s purchases include a variety of adjustable mortgages, second loans, and fixed-rate mortgages. FNMA’s securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market to influence the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and comprising a seven-member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. GOVERNMENTAL ACCOUNTING STANDARDS BOARD (GASB): The independent organization that establishes and improves standards of accounting and financial reporting for the United States, state and local governments. Page 69 Statement of Investment Policy Page 16 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA, or FMHM mortgages. The term “pass-through” is often used to describe Ginnie Maes. INVESTMENT AGREEMENTS: An agreement with a financial institution to borrow public funds subject to certain negotiated terms and conditions concerning collateral, liquidity and interest rates. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss. LOCAL AGENCY INVESTMENT FUND (LAIF): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MARKET RATE OF RETURN: A rate of return commensurate with the market for similar securities (maturity, credit rating, duration and liquidity) would be considered a market rate of return. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase–reverse, repurchase agreements that establishes each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller-borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded. NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (NRSRO): A credit rating agency that provides credit ratings that are used by the U.S. government and investors as benchmarks. Examples include Standard & Poor’s Corporation, Moody’s Investor Services, Inc. and Fitch, Inc. Page 70 Statement of Investment Policy Page 17 OFFER: The price asked by a seller of securities. (When buying securities, you ask for an offer.) OPEN MARKET OPERATIONS: Federal Reserve activity. Under the Federal Reserve Act, the Fed uses purchases and sales of Government and Federal Agency securities to add to or subtract from commercial bank reserves. Goals are to sustain economic growth, high employment and reasonable price stability. PAPER GAIN OR LOSS: Term used for unrealized gain or loss on securities being held in a portfolio based on comparison of current market quotes and their original cost. This situation exists if the security is held while there is a difference between cost value (book value) and the market value. PORTFOLIO: Collection of securities held by an investor. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity, positions and monthly financial statements to the Federal Reserve Bank of New York, and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) registered securities broker/dealers, banks and a few unregulated firms. PRUDENT INVESTOR STANDARD: An investment standard to be followed by those authorized to make investment decisions on behalf of a local agency. Those authorized shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of that agency. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond; the current income return. SAFEKEEPING: The service to customers by banks and trust companies when the bank or trust company stores the securities for protection, receives coupon payments and redeems issues at maturity. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution of securities. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15(C) 3-1: See Uniform Net Capital Rule. Page 71 Statement of Investment Policy Page 18 SUPRANATIONALS: Development banks that share the same goal of providing an improved standard of living in their member countries, but each having different mandates. There are three banks (supranationals) in which California local agencies can invest in their debt obligations; the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC) and Inter-American Development Bank (IADB). TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BONDS: Long-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of over 10 years. TREASURY NOTES: Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from one to 10 years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15-1; also, called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities. Liquid capital includes cash and assets easily converted to cash without penalty. YIELD: The rate of annual income return on an investment, expressed as a percentage. YIELD TO MATURITY: The current income yield on an investment, minus any premium above par, or plus any discount from par in the purchase price with the adjustment spread over the period from date of purchase to maturity of the bond. Page 72 BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION 1. Firm Name:________________________________________________________________ 2. Address:__________________________________________________________________ 3. Phone Number:____________________________________________________________ 4. Website Address:___________________________________________________________ 5. Primary Broker Representative: Name:______________________________________ Years in Institutional Sales:_______ Title:_______________________________________ Years with Firm: _______ Phone Number:______________________________ Email Address:_______________________________ 6. Please provide the name and title of the immediate supervisor and/or other brokers that will be interfacing with the City/District in the primary broker’s absence: Name:_____________________________________ Years in Institutional Sales:_______ Title:______________________________________ Years with Firm: _______ Phone Number:______________________________ Email Address:_______________________________ Name:_____________________________________ Years in Institutional Sales:_______ Title:______________________________________ Years with Firm: _______ Phone Number:______________________________ Email Address:_______________________________ 7. Has the broker/dealer listed in No. 5 been authorized by the firm to be a broker for the City/District of Rancho Cucamonga? Yes _______ No _______ 8. Please provide the following information regarding three comparable public agency clients with whom the broker has an established relationship that we may contact for a reference. The City/District prefers public sector clients in the City’s geographical area, if possible. Public Agency Name Contact Name/Title Phone Number Email Address Length of Relationship Exhibit A Page 73 Public Agency Name Contact Name/Title Phone Number Email Address Length of Relationship Public Agency Name Contact Name/Title Phone Number Email Address Length of Relationship 9. Place an “X” by each of the instruments below in which you make an active market (both buy and sell): [ ] U.S. Treasuries [ ] Bankers’ Acceptances [ ] Federal Agencies [ ] Commercial Paper [ ] Mutual Funds [ ] Certificates of Deposit [ ] Corporate Notes [ ] Municipals [ ] Medium Term Notes [ ] Supranationals [ ] Repurchase Agreements 10. Does your firm specialize in any of the instruments listed above? If so, please specify which ones. ______________________________________________________________________________ ______________________________________________________________________________ 11. Please briefly describe any ancillary services that your firm would provide to the City/District as an authorized broker/dealer? ______________________________________________________________________________ ______________________________________________________________________________ 12. To the best of your knowledge, within the last five years, has your firm ever been subject to a regulatory, state, or federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees been investigated? If so, please briefly describe each such matter below or, if necessary, provide as an attached addendum: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 13. Please provide the following with this Broker/Dealer Questionnaire and Certification: • Firm’s most recent Audited Financial Statement • FINRA Report for primary broker/dealer and alternate • California Registration Page 74 CERTIFICATION I hereby certify that I have personally read the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District’s Investment Policies and the California Government Codes pertaining to the authorized and suitable investments of the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District; that I will only offer such authorized and suitable investments for sale to the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District; that the above information is true and correct to the best of my knowledge; and that I am authorized to execute this request for information on behalf of ______________________________(name of firm). Signed ___________________________________________________ Print Name ___________________________________________________ Title ___________________________________________________ Date ___________________________________________________ This certification must be countersigned by the Company president or person in charge of government securities operations. Signed ___________________________________________________ Print Name ___________________________________________________ Title ___________________________________________________ Date ___________________________________________________ Page 75 Statement of Investment Policy Page 1 Exhibit B SUMMARY OF AUTHORIZED AND SUITABLE INVESTMENTS INVESTMENT TYPE MAXIMUM SPECIFIED % OF PORTFOLIO MAXIMUM MATURITY MINIMUM QUALITY REQUIREMENTS United States Treasury Securities None 5 years None United States Federal Agencies None 5 years None Municipals Notes or Bonds 30% 5 years ST – Rating of either “MIG 1” by Moody’s or “SP-1” by S & P LT – Rating of either “A1” by Moody’s or “A”+ by S & P Certificates of Deposit (Time Deposits) None 5 years Must be collateralized in accordance with California Government Code Negotiable Certificates of Deposit 30% 5 years Issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank Bankers’ Acceptances 40% 180 days No more than 30% of the District’s money may be invested in the bankers’ acceptances of any one commercial bank Commercial Paper 25% 270 days Must be of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by Moody’s or S & P of at least “A” or “A1/P1” is required. Limited to no more than 10% of the outstanding commercial paper of any single issuer. No more than 5% issued by any one corporation. (See Section 8 of Investment Policy) State of California Local Agency Investment Fund (LAIF) None Maximum investment: $65 million None (Daily Liquidity) See Section 8 of Investment Policy Page 76 Statement of Investment Policy Page 2 INVESTMENT TYPE MAXIMUM SPECIFIED % OF PORTFOLIO MAXIMUM MATURITY MINIMUM QUALITY REQUIREMENTS Joint Powers Authority (JPA) Investment Pool (Short-Term) 10% 5 years None Deposit of Funds None None Required to be collateralized as specified under Government Code Sec. 53630 et. Seq. Repurchase Agreements (Repos) 20% 1 year The market value of securities that underlies a repurchase agreement shall be valued at 102% or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly Medium-Term Notes 30% 5 years Rating of “AA” or better by Moody’s or S & P. No more than 5% issued by any one corporation. (See Section 8 of Investment Policy) Supranational Securities 30% 5 years Rating of “AA” or better by a NRSRO Investment Agreements 5% None See Section 8 of Investment Policy ST - Short-Term LT - Long-Term NRSRO - Nationally Recognized Statistical Rating Organization Page 77 D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:Tamara L ayne, F inance D irector S UB J E C T:C O NS ID E RAT I O N T O AP P RO V E B I-WE E K LY PAY RO L L I N T HE AM O UNT O F $1,148,131.18 AND WE E K LY C HE C K RE G I S T E RS (E X C L UD I NG C HE C K S I S S UE D T O S O UT HE RN C AL I F O RNIA G AS C O M PANY) IN T HE AM O UNT O F $5,518,661.82 D AT E D J ANUARY 29, 2019 T HRO UG H F E B RUARY 11, 2019. RE COMMENDAT ION: Staf f recommends City Council approve payment of demands as presented. BACKGROUND: N/A ANALY S IS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRE S S E D: N/A AT TAC HM E NT S : D escription Attachment 1 Check Register Page 78 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount AP 00008701 01/30/2019 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 63,699.64 0.00 63,699.64 AP 00008702 01/30/2019 RCCEA 1,796.00 0.00 1,796.00 AP 00008703 01/30/2019 RCPFA 11,979.18 0.00 11,979.18 AP 00008704 02/06/2019 SAN BERNARDINO COUNTY 8.00 0.00 8.00 AP 00008705 02/06/2019 SAN BERNARDINO CTY SHERIFFS DEPT 3,226,757.29 0.00 3,226,757.29 AP 00397450 01/30/2019 ABLE BUILDING MAINTENANCE 1,099.40 0.00 1,099.40 AP 00397451 01/30/2019 AC PLUS HEATING AND AIR INC 184.86 0.00 184.86 AP 00397452 01/30/2019 ACTORS THEATRE SERIES 6,384.00 0.00 6,384.00 AP 00397453 01/30/2019 ADAPT CONSULTING INC 745.69 0.00 745.69 AP 00397454 01/30/2019 ADVANCED CHEMICAL TRANSPORT 1,634.50 0.00 1,634.50 AP 00397455 01/30/2019 AFLAC GROUP INSURANCE 40.97 0.00 40.97 AP 00397456 01/30/2019 ALCORN, RICHARD 10.00 0.00 10.00 AP 00397457 01/30/2019 ALTA VISTA MOBILE HOME PARK 400.00 0.00 400.00 AP 00397458 01/30/2019 AROCHO, ALMA 1,470.00 0.00 1,470.00 AP 00397459 01/30/2019 AVENA, VICKY 47.59 0.00 47.59 AP 00397460 01/30/2019 BAKER, NICK 5,379.30 0.00 5,379.30 AP 00397461 01/30/2019 BAST, KAROLYN 504.00 0.00 504.00 AP 00397462 01/30/2019 BEHAVIORAL ANALYSIS TRAINING INC 481.00 0.00 481.00 AP 00397463 01/30/2019 BELL, DANYELLE N 14.00 0.00 14.00 AP 00397464 01/30/2019 BICONDOVA, JOHN 0.00 320.00 320.00 AP 00397465 01/30/2019 BILL AND WAGS INC.0.00 534.38 534.38 AP 00397466 01/30/2019 BRAUN BLAISING SMITH WYNNE P.C.395.61 0.00 395.61 AP 00397467 01/30/2019 BRIGHTVIEW LANDSCAPE SERVICES INC.24,372.02 0.00 24,372.02 AP 00397468 01/30/2019 BUREAU VERITAS NORTH AMERICA INC 1,592.98 0.00 1,592.98 AP 00397469 01/30/2019 BUTSKO UTILITY DESIGN INC.90,778.79 0.00 90,778.79 AP 00397473 01/30/2019 C V W D 38,361.57 0.00 38,361.57 AP 00397474 01/30/2019 CA LLC - DBA ALTA LAGUNA MHP 600.00 0.00 600.00 AP 00397475 01/30/2019 CALIFORNIA BUILDING STANDARDS COMMISSION 868.50 0.00 868.50 AP 00397476 01/30/2019 CALIFORNIA DEPARTMENT OF 5,556.16 0.00 5,556.16 AP 00397477 01/30/2019 CALIFORNIA DIVISION OF THE STATE ARCHITECT 967.10 0.00 967.10 AP 00397478 01/30/2019 CALIFORNIA, STATE OF 250.00 0.00 250.00 AP 00397479 01/30/2019 CASA VOLANTE MOBILE HOME PARK 800.00 0.00 800.00 AP 00397480 01/30/2019 CASILLAS, JAMIE L 5.00 0.00 5.00 AP 00397481 01/30/2019 CCS ORANGE COUNTY JANITORIAL INC.59,813.00 0.00 59,813.00 AP 00397482 01/30/2019 CHAPARRAL HEIGHTS MOBILE HOME PARK 500.00 0.00 500.00 ***AP 00397483 01/30/2019 CHARTER COMMUNICATIONS 8,109.39 6,359.98 14,469.37 AP 00397484 01/30/2019 CINTAS CORPORATION #150 0.00 686.42 686.42 AP 00397485 01/30/2019 CLARK, KAREN 942.00 0.00 942.00 AP 00397486 01/30/2019 CLAUDIA STORM BIRD TRUST, THE 14,793.57 0.00 14,793.57 AP 00397487 01/30/2019 COMMERCIAL DOOR 290.00 0.00 290.00 AP 00397488 01/30/2019 COMPRESSED AIR SPECIALTIES 0.00 455.16 455.16 AP 00397489 01/30/2019 CONSOLIDATED ELECTRICAL DISTR INC 80.81 0.00 80.81 AP 00397490 01/30/2019 CUMMINS PACIFIC 0.00 323.30 323.30 AP 00397491 01/30/2019 D L PETERSON TRUST LSR 451.00 0.00 451.00 AP 00397492 01/30/2019 DAISY 388.40 0.00 388.40 AP 00397493 01/30/2019 DATA ARC LLC 11,776.75 0.00 11,776.75 AP 00397494 01/30/2019 DATA TICKET INC 2,725.50 0.00 2,725.50 17:54:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 79 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount AP 00397495 01/30/2019 DBAC INC.10,000.00 0.00 10,000.00 AP 00397496 01/30/2019 DEMCO INC 62.38 0.00 62.38 AP 00397497 01/30/2019 DOLLARHIDE, GINGER 179.80 0.00 179.80 AP 00397498 01/30/2019 DUNN, ANN MARIE 864.00 0.00 864.00 AP 00397499 01/30/2019 DUNN, CYNTHIA 0.00 1,207.58 1,207.58 AP 00397500 01/30/2019 EASTERLING, RAY 292.80 0.00 292.80 AP 00397501 01/30/2019 EPSTEIN, SHAWN 0.00 270.00 270.00 AP 00397502 01/30/2019 ESRI 2,765.00 0.00 2,765.00 AP 00397503 01/30/2019 FOWLER, JOVAN 45.29 0.00 45.29 AP 00397504 01/30/2019 FRANKLIN TRUCK PARTS 0.00 513.54 513.54 ***AP 00397506 01/30/2019 FRONTIER COMM 4,228.52 942.25 5,170.77 AP 00397507 01/30/2019 FRSFUSA INC 113.10 0.00 113.10 AP 00397508 01/30/2019 GALANG, EDWIN 162.16 0.00 162.16 AP 00397509 01/30/2019 GILKEY, JOHN 200.00 0.00 200.00 AP 00397510 01/30/2019 GILKEY, JOHN 200.00 0.00 200.00 AP 00397511 01/30/2019 GIORDANO, MARIANNA 105.60 0.00 105.60 AP 00397512 01/30/2019 GOCHEZ, MARGARET 42.00 0.00 42.00 AP 00397513 01/30/2019 GOODYEAR TIRE AND RUBBER CO.1,782.20 0.00 1,782.20 ***AP 00397514 01/30/2019 GRAINGER 1,361.37 241.26 1,602.63 AP 00397515 01/30/2019 GRIFFIN STRUCTURES INC 1,750.00 0.00 1,750.00 AP 00397516 01/30/2019 GROVES ON FOOTHILL, THE 300.00 0.00 300.00 AP 00397517 01/30/2019 HAMILTON, MONIQUE 1,440.00 0.00 1,440.00 AP 00397518 01/30/2019 HAMPTON YOGA 1,252.50 0.00 1,252.50 AP 00397519 01/30/2019 HENRY, TRACY A 217.84 0.00 217.84 AP 00397520 01/30/2019 HOME DEPOT CREDIT SERVICES 645 127.93 0.00 127.93 AP 00397521 01/30/2019 HOMETOWN AMERICA RAMONA VILLA 700.00 0.00 700.00 AP 00397522 01/30/2019 IIMC 220.00 0.00 220.00 AP 00397523 01/30/2019 IRON MOUNTAIN OSDP 874.49 0.00 874.49 AP 00397524 01/30/2019 JACOBS, CARIN 875.00 0.00 875.00 AP 00397525 01/30/2019 JOHNNY ALLEN TENNIS ACADEMY 2,483.40 0.00 2,483.40 AP 00397526 01/30/2019 JOKIMAN, MONICA 75.00 0.00 75.00 AP 00397527 01/30/2019 JUBILANT LASHES 1,347.44 0.00 1,347.44 AP 00397528 01/30/2019 KOREA DAILY, THE 244.00 0.00 244.00 AP 00397529 01/30/2019 KRONOS INC 0.00 1,920.00 1,920.00 ***AP 00397530 01/30/2019 LANCE SOLL AND LUNGHARD 51,800.00 4,500.00 56,300.00 AP 00397531 01/30/2019 LANDA, EDGAR 320.00 0.00 320.00 AP 00397532 01/30/2019 LATREACE, RAINEY 338.00 0.00 338.00 AP 00397533 01/30/2019 LEVEL 3 COMMUNICATIONS LLC 5,391.94 0.00 5,391.94 AP 00397534 01/30/2019 LIFE ASSIST INC 0.00 3,943.18 3,943.18 AP 00397535 01/30/2019 MACIEL, LUIS 83.42 0.00 83.42 AP 00397536 01/30/2019 MARK CHRISTOPHER INC 0.00 476.35 476.35 AP 00397537 01/30/2019 MCMASTER CARR SUPPLY COMPANY 334.37 0.00 334.37 AP 00397538 01/30/2019 MIDWEST TAPE 89.96 0.00 89.96 AP 00397539 01/30/2019 MIJAC ALARM COMPANY 0.00 171.00 171.00 AP 00397540 01/30/2019 MMASC 255.00 0.00 255.00 AP 00397541 01/30/2019 MORRIS, RICHARD 54.00 0.00 54.00 AP 00397542 01/30/2019 NAPA AUTO PARTS 0.00 228.25 228.25 17:54:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:2 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 80 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount AP 00397543 01/30/2019 NATIONAL RECREATION AND PARK ASSOC 2,575.00 0.00 2,575.00 AP 00397544 01/30/2019 NEIGHBORS, ZACK 21.46 0.00 21.46 AP 00397545 01/30/2019 NEOPOST USA INC 492.35 0.00 492.35 AP 00397546 01/30/2019 NEWCOMB ANDERSON MCCORMICK INC 3,185.00 0.00 3,185.00 AP 00397547 01/30/2019 NIELSEN, EMILY 89.00 0.00 89.00 AP 00397548 01/30/2019 ONTARIO WINNELSON CO 101.77 0.00 101.77 AP 00397549 01/30/2019 ONTRAC 41.40 0.00 41.40 AP 00397550 01/30/2019 ORKIN PEST CONTROL 135.00 0.00 135.00 AP 00397551 01/30/2019 ORONA, PATRICIA 700.00 0.00 700.00 AP 00397552 01/30/2019 OTT, LAURA 972.00 0.00 972.00 AP 00397553 01/30/2019 OTT, SHARON 594.00 0.00 594.00 AP 00397554 01/30/2019 PAPAZOGLU, NORAY 1,029.60 0.00 1,029.60 AP 00397555 01/30/2019 PHILLIPS, SPENCER 74.39 0.00 74.39 AP 00397556 01/30/2019 PINES MOBILE HOME PARK, THE 300.00 0.00 300.00 AP 00397557 01/30/2019 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00397558 01/30/2019 PREMIER SWIM ACADEMY 10,408.00 0.00 10,408.00 AP 00397559 01/30/2019 PRO SPRAY INC 392.60 0.00 392.60 AP 00397560 01/30/2019 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,166.00 0.00 3,166.00 AP 00397561 01/30/2019 RANCHO SANTA FE FIRE PROTECTION DIST 0.00 200.00 200.00 AP 00397562 01/30/2019 RIGLEMAN, ENCARNACION ONTIVEROS 160.00 0.00 160.00 AP 00397563 01/30/2019 ROBERTS, CHERYL L 0.00 40.00 40.00 AP 00397564 01/30/2019 ROYAL INDUSTRIAL SOLUTIONS CITY OF INDUSTRY 157.82 0.00 157.82 AP 00397565 01/30/2019 SAN BERNARDINO COUNTY SHERIFFS DEPT 2,480.00 0.00 2,480.00 AP 00397566 01/30/2019 SAN BERNARDINO CTY 0.00 12,697.62 12,697.62 AP 00397567 01/30/2019 SBPEA 1,521.02 0.00 1,521.02 AP 00397568 01/30/2019 SC FUELS 0.00 3,475.65 3,475.65 AP 00397569 01/30/2019 SCHNEIDER NATIONAL 320.00 0.00 320.00 AP 00397570 01/30/2019 SHEAKLEY PENSION ADMINISTRATION 391.75 0.00 391.75 AP 00397571 01/30/2019 SHRED PROS 0.00 55.00 55.00 AP 00397572 01/30/2019 SILVER & WRIGHT LLP 23,921.59 0.00 23,921.59 AP 00397574 01/30/2019 SOCAL OFFICE TECHNOLOGIES 599.62 0.00 599.62 AP 00397575 01/30/2019 SOCAL PPE 0.00 706.00 706.00 ***AP 00397582 01/30/2019 SOUTHERN CALIFORNIA EDISON 11,557.22 3,283.62 14,840.84 AP 00397583 01/30/2019 SOUTHLAND SPORTS OFFICIALS 552.00 0.00 552.00 AP 00397584 01/30/2019 STANDARD INSURANCE COMPANY 11,567.53 0.00 11,567.53 AP 00397585 01/30/2019 STANDARD INSURANCE COMPANY 3,044.03 0.00 3,044.03 AP 00397586 01/30/2019 STANLEY R HOFFMAN ASSOCIATES INC 7,340.00 0.00 7,340.00 AP 00397587 01/30/2019 STERLING COFFEE SERVICE 905.92 0.00 905.92 AP 00397588 01/30/2019 SUTTERFIELD, GORDON 94.00 0.00 94.00 AP 00397589 01/30/2019 SWEET DOUGH CAFE 420.00 0.00 420.00 AP 00397590 01/30/2019 SYCAMORE VILLA MOBILE HOME PARK 400.00 0.00 400.00 AP 00397591 01/30/2019 TARGETSOLUTIONS 0.00 3,760.00 3,760.00 AP 00397592 01/30/2019 THALAKOTR, MATHEW 36.49 0.00 36.49 AP 00397593 01/30/2019 TOLL BROTHERS 38,546.99 0.00 38,546.99 AP 00397594 01/30/2019 TYUS, IDA 511.65 0.00 511.65 AP 00397599 01/30/2019 VERIZON WIRELESS - LA 5,378.34 0.00 5,378.34 AP 00397600 01/30/2019 YNG CONSTRUCTION INC 10,000.00 0.00 10,000.00 17:54:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:3 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 81 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount AP 00397601 01/30/2019 C V W D 593.18 0.00 593.18 AP 00397602 01/30/2019 C V W D 397.52 0.00 397.52 AP 00397603 01/30/2019 U S LEGAL SUPPORT INC 310.87 0.00 310.87 AP 00397604 01/30/2019 U.S. BANK PARS ACCT #6746022500 23,217.43 0.00 23,217.43 AP 00397605 01/30/2019 U.S. BANK PARS ACCT #6746022500 1,109.57 0.00 1,109.57 AP 00397606 01/30/2019 UNITED SITE SERVICES OF CA INC 212.88 0.00 212.88 AP 00397607 01/30/2019 UNITED WAY 60.00 0.00 60.00 AP 00397608 01/30/2019 UNIVERSAL MARTIAL ARTS CENTERS 42.00 0.00 42.00 AP 00397609 01/30/2019 VERIZON BUSINESS SERVICES 40.41 0.00 40.41 AP 00397610 01/30/2019 VICTORINO, VALERIE 61.24 0.00 61.24 AP 00397611 01/30/2019 VIDO SAMARZICH INC 24,657.91 0.00 24,657.91 AP 00397612 01/30/2019 WALLACE, TIM 5,000.00 0.00 5,000.00 ***AP 00397613 01/30/2019 WAXIE SANITARY SUPPLY 2,503.71 822.54 3,326.25 AP 00397614 01/30/2019 WEST END MATERIAL SUPPLY 526.91 0.00 526.91 AP 00397615 01/30/2019 WESTLAND GROUP INC 918.50 0.00 918.50 AP 00397616 01/30/2019 YORK INSURANCE SERVICES GROUP INC 14,136.25 0.00 14,136.25 AP 00397617 01/30/2019 YORK INSURANCE SERVICES GROUP INC 0.00 21,224.25 21,224.25 AP 00397618 01/31/2019 CARQUEST AUTO PARTS 332.69 0.00 332.69 AP 00397619 01/31/2019 CITRUS MOTORS ONTARIO INC 399.82 0.00 399.82 AP 00397620 01/31/2019 DIAMOND ENVIRONMENTAL SERVICES 314.10 0.00 314.10 ***AP 00397621 01/31/2019 DUNN EDWARDS CORPORATION 28.41 28.41 56.82 AP 00397622 01/31/2019 EMCOR SERVICE 9,766.26 0.00 9,766.26 AP 00397623 01/31/2019 ESI ACQUISITIONS INC 0.00 20,800.00 20,800.00 AP 00397624 01/31/2019 HOSE MAN INC 157.73 0.00 157.73 AP 00397625 01/31/2019 INLAND VALLEY DAILY BULLETIN 2,440.10 0.00 2,440.10 AP 00397626 01/31/2019 MCFADDEN DALE HARDWARE 527.18 0.00 527.18 AP 00397627 01/31/2019 OFFICE DEPOT 9,886.73 0.00 9,886.73 AP 00397628 01/31/2019 PSA PRINT GROUP 38.79 0.00 38.79 AP 00397629 01/31/2019 SITEONE LANDSCAPE SUPPLY LLC 2,373.36 0.00 2,373.36 AP 00397630 01/31/2019 STABILIZER SOLUTIONS INC 2,239.23 0.00 2,239.23 AP 00397631 01/31/2019 SUNRISE FORD 943.51 0.00 943.51 AP 00397632 01/31/2019 THOMSON REUTERS WEST PUBLISHING CORP 203.64 0.00 203.64 AP 00397633 02/06/2019 A & A AUTOMOTIVE AND TIRE 349.82 0.00 349.82 AP 00397634 02/06/2019 A & M FIRST AID INC 2,060.73 0.00 2,060.73 AP 00397635 02/06/2019 ACEY DECY EQUIPMENT INC.212.42 0.00 212.42 AP 00397636 02/06/2019 ALBERT GROVER & ASSOCIATES 33,150.00 0.00 33,150.00 AP 00397637 02/06/2019 ALL CITIES TOOLS 260.68 0.00 260.68 AP 00397638 02/06/2019 ALL WELDING 340.00 0.00 340.00 AP 00397639 02/06/2019 ALLEN, ALEX 450.00 0.00 450.00 AP 00397640 02/06/2019 ARROW INTERNATIONAL 0.00 979.99 979.99 AP 00397641 02/06/2019 ARROW TRAILER SUPPLIES INC 328.74 0.00 328.74 AP 00397642 02/06/2019 AUFBAU CORPORATION 31,430.00 0.00 31,430.00 AP 00397643 02/06/2019 AUFBAU CORPORATION 768.00 0.00 768.00 AP 00397644 02/06/2019 AUFBAU CORPORATION 0.00 15,820.00 15,820.00 AP 00397645 02/06/2019 AUFBAU CORPORATION 7,936.00 0.00 7,936.00 AP 00397646 02/06/2019 AUTO AND RV SPECIALISTS INC.130.49 0.00 130.49 AP 00397647 02/06/2019 AYALA, JUAN 15.00 0.00 15.00 17:54:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:4 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 82 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount AP 00397648 02/06/2019 BAHAM, JAYLEN 350.00 0.00 350.00 AP 00397649 02/06/2019 BANNER BANK 4,220.11 0.00 4,220.11 AP 00397650 02/06/2019 BELTRAN, OSBALDO ALVARADO 621.00 0.00 621.00 AP 00397651 02/06/2019 BERLIN, DANIEL 350.00 0.00 350.00 AP 00397652 02/06/2019 BERNELL HYDRAULICS INC 1,885.08 0.00 1,885.08 AP 00397653 02/06/2019 BERTINO AUTOMOTIVE SERVICE 669.13 0.00 669.13 AP 00397654 02/06/2019 BICKMORE RISK SERVICES 1,320.00 0.00 1,320.00 AP 00397655 02/06/2019 BRIGHTVIEW LANDSCAPE SERVICES INC.18,652.12 0.00 18,652.12 ***AP 00397657 02/06/2019 C V W D 18,639.08 55.20 18,694.28 AP 00397658 02/06/2019 CADET TIRE COMPANY INC.2,480.00 0.00 2,480.00 AP 00397659 02/06/2019 CAL PERS LONG TERM CARE 152.48 0.00 152.48 AP 00397660 02/06/2019 CAL PERS LONG TERM CARE 152.48 0.00 152.48 AP 00397661 02/06/2019 CALIFORNIA MUNICIPAL UTILITIES ASSOC 5,523.00 0.00 5,523.00 AP 00397662 02/06/2019 CALIFORNIA SHOPPING CART RETRIEVAL CORP 175.00 0.00 175.00 AP 00397663 02/06/2019 CALIX INC.11,528.80 0.00 11,528.80 AP 00397664 02/06/2019 CAM PAINTING INC 51,205.00 0.00 51,205.00 AP 00397665 02/06/2019 CARTY, DIANE 240.00 0.00 240.00 AP 00397666 02/06/2019 CHAMPION AWARDS AND SPECIALTIES 19.40 0.00 19.40 AP 00397667 02/06/2019 CINTAS CORPORATION #150 4,479.19 0.00 4,479.19 AP 00397668 02/06/2019 CINTAS CORPORATION #150 0.00 39.75 39.75 AP 00397669 02/06/2019 CLINTON, JOHN 15.00 0.00 15.00 AP 00397670 02/06/2019 CNOA 100.00 0.00 100.00 AP 00397671 02/06/2019 COAST RECREATION INC 3,294.16 0.00 3,294.16 AP 00397672 02/06/2019 CONCEPT POWDER COATING 870.00 0.00 870.00 AP 00397673 02/06/2019 CONVERGEONE INC.2,392.00 0.00 2,392.00 AP 00397674 02/06/2019 CORTESE, ANGELICA 178.45 0.00 178.45 AP 00397675 02/06/2019 COSTA, CASSANDRA 350.00 0.00 350.00 AP 00397676 02/06/2019 COSTAR REALTY INFORMATION INC 2,088.00 0.00 2,088.00 AP 00397677 02/06/2019 CRAFCO INC 967.17 0.00 967.17 AP 00397678 02/06/2019 CREATIVE BUS SALES 220.00 0.00 220.00 AP 00397679 02/06/2019 D AND K CONCRETE COMPANY 6,106.20 0.00 6,106.20 AP 00397680 02/06/2019 DE LEON, REGGIE 100.00 0.00 100.00 AP 00397681 02/06/2019 DELTA DENTAL 1,279.34 0.00 1,279.34 AP 00397682 02/06/2019 DELTA DENTAL 41,863.02 0.00 41,863.02 AP 00397683 02/06/2019 DEPARTMENT OF TRANSPORTATION 11,029.93 0.00 11,029.93 AP 00397684 02/06/2019 DI-VERSATILE INC 192.50 0.00 192.50 AP 00397685 02/06/2019 DIXON, TESSA 540.00 0.00 540.00 AP 00397686 02/06/2019 EMERGENCY MEDICAL SERVICES AUTHORITY 0.00 111.00 111.00 AP 00397687 02/06/2019 ENN GEE CORP.222.00 0.00 222.00 AP 00397688 02/06/2019 EVERMAN, ALLEN 1,500.00 0.00 1,500.00 AP 00397689 02/06/2019 FEDERAL EXPRESS CORP 62.32 0.00 62.32 AP 00397690 02/06/2019 FEHR AND PEERS 588.74 0.00 588.74 AP 00397691 02/06/2019 FIGUEROA, WILLIAM 15.00 0.00 15.00 AP 00397692 02/06/2019 FIRST CLASS HEATING & AIR 3,200.00 0.00 3,200.00 AP 00397693 02/06/2019 FIVE CJ'S, THE 0.00 9,500.00 9,500.00 AP 00397694 02/06/2019 FORD OF UPLAND INC 12,784.97 0.00 12,784.97 AP 00397695 02/06/2019 FRONTIER COMM 1,599.23 0.00 1,599.23 17:54:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:5 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 83 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount AP 00397696 02/06/2019 GASIO, KEVIN 2,500.00 0.00 2,500.00 AP 00397697 02/06/2019 GLADWELL GOVERNMENT SERVICES 4,800.00 0.00 4,800.00 AP 00397698 02/06/2019 GLENN B. DORNING INC.64,533.58 0.00 64,533.58 AP 00397699 02/06/2019 GLOBAL EQUIPMENT COMPANY 939.31 0.00 939.31 AP 00397700 02/06/2019 GLOBALSTAR USA 343.82 0.00 343.82 AP 00397701 02/06/2019 GLOVER, MICHELE 0.00 81.40 81.40 AP 00397702 02/06/2019 GOMEZ, EDGAR 45.07 0.00 45.07 ***AP 00397703 02/06/2019 GRAINGER 2,466.00 142.43 2,608.43 AP 00397704 02/06/2019 GRAPHICS FACTORY INC.1,173.53 0.00 1,173.53 AP 00397705 02/06/2019 GRAYBAR 1,393.42 0.00 1,393.42 AP 00397706 02/06/2019 GRIFFITHS, VICTORIA MICHELLE 750.00 0.00 750.00 AP 00397707 02/06/2019 HASTINGS, RON 550.00 0.00 550.00 AP 00397708 02/06/2019 HEARTSAVERS LLC 352.00 0.00 352.00 AP 00397709 02/06/2019 HI WAY SAFETY INC 2,319.74 0.00 2,319.74 AP 00397710 02/06/2019 HMC ARCHITECTS 0.00 20,690.05 20,690.05 AP 00397711 02/06/2019 HONDA YAMAHA HUSQVARNA OF REDLANDS 477.80 0.00 477.80 AP 00397712 02/06/2019 HOUNG, MEGAN 2,300.00 0.00 2,300.00 AP 00397713 02/06/2019 HOWE, NOELLE 350.00 0.00 350.00 AP 00397714 02/06/2019 HOYT LUMBER CO., SM 0.00 24.23 24.23 AP 00397715 02/06/2019 INDERWIESCHE, MATT 1,404.00 0.00 1,404.00 AP 00397716 02/06/2019 INDUSTRIAL ELECTRIC MACHINERY LLC 19,100.00 0.00 19,100.00 AP 00397717 02/06/2019 INDUSTRIAL HARDWARE AND SERVICE CO 992.50 0.00 992.50 AP 00397718 02/06/2019 INTERNATIONAL ASSOC OF ADMIN PROFESSIONALS 150.00 0.00 150.00 AP 00397719 02/06/2019 INTERSTATE BATTERIES 332.19 0.00 332.19 AP 00397720 02/06/2019 INTERWEST CONSULTING GROUP INC 4,276.63 0.00 4,276.63 AP 00397721 02/06/2019 JACKSON, TIMOTHY 350.00 0.00 350.00 AP 00397722 02/06/2019 JACQUEZ, LAIHLA 300.00 0.00 300.00 AP 00397723 02/06/2019 JEEP CHRYSLER OF ONTARIO INC 145.83 0.00 145.83 AP 00397724 02/06/2019 JERICHO SYSTEMS INC 33,900.00 0.00 33,900.00 AP 00397725 02/06/2019 JETT, GAYLE 350.00 0.00 350.00 AP 00397726 02/06/2019 JIMENEZ, DIMITRI F 15.00 0.00 15.00 AP 00397727 02/06/2019 JOHNSON JR, SHERMAN 15.00 0.00 15.00 AP 00397728 02/06/2019 JONES, LUCAS 15.00 0.00 15.00 AP 00397729 02/06/2019 K-K WOODWORKING 53.82 0.00 53.82 AP 00397730 02/06/2019 KAISER FOUNDATION HEALTH PLAN INC 244,797.09 0.00 244,797.09 AP 00397731 02/06/2019 KILLION, JORDAN 550.00 0.00 550.00 AP 00397732 02/06/2019 KINDRED CORPORATION 2,121.86 0.00 2,121.86 AP 00397733 02/06/2019 LADD, MARLA GALE 3,000.00 0.00 3,000.00 AP 00397734 02/06/2019 LANDCARE USA LLC 1,400.00 0.00 1,400.00 AP 00397735 02/06/2019 LANE, JUSTIN 29.25 0.00 29.25 AP 00397736 02/06/2019 LAPG 4,285.65 0.00 4,285.65 AP 00397737 02/06/2019 LAURIE, GIANFRANCO 45.38 0.00 45.38 AP 00397738 02/06/2019 LAYER 1 COMMUNICATIONS INC 1,297.67 0.00 1,297.67 AP 00397739 02/06/2019 LEE, AMANDA 350.00 0.00 350.00 AP 00397740 02/06/2019 LINARES, RUDY 28.00 0.00 28.00 AP 00397741 02/06/2019 LOPEZ, MICHAEL RAMON 2,000.00 0.00 2,000.00 AP 00397742 02/06/2019 LOS ANGELES MUSICIANS COLLECTIVE 15,150.92 0.00 15,150.92 17:54:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:6 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 84 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount AP 00397743 02/06/2019 MARIN CONSULTING ASSOCIATES 300.00 0.00 300.00 AP 00397745 02/06/2019 MARIPOSA LANDSCAPES INC 222,309.08 0.00 222,309.08 AP 00397746 02/06/2019 MARTIN, JAMES 100.65 0.00 100.65 AP 00397747 02/06/2019 MATANGA, JULIE EDWARD 714.00 0.00 714.00 AP 00397748 02/06/2019 MAXWELL, MICHELLE 12.00 0.00 12.00 AP 00397749 02/06/2019 MCALLISTER, WILLIAM 2,245.00 0.00 2,245.00 AP 00397750 02/06/2019 MCCAIN INC 2,332.13 0.00 2,332.13 AP 00397751 02/06/2019 MCCUISTION, MICHAEL 0.00 270.00 270.00 AP 00397752 02/06/2019 MCI 33.36 0.00 33.36 AP 00397753 02/06/2019 MIDWEST TAPE 399.20 0.00 399.20 AP 00397754 02/06/2019 MIJAC ALARM COMPANY 0.00 177.00 177.00 AP 00397755 02/06/2019 MINOR, JENNA 400.00 0.00 400.00 AP 00397756 02/06/2019 MORENO VALLEY, CITY OF 50.00 0.00 50.00 AP 00397757 02/06/2019 MOUNTAIN VIEW GLASS AND MIRROR INC 5,333.70 0.00 5,333.70 AP 00397758 02/06/2019 MOUNTAIN VIEW SMALL ENG REPAIR 336.14 0.00 336.14 AP 00397759 02/06/2019 NAPA AUTO PARTS 27.82 0.00 27.82 AP 00397760 02/06/2019 NATIONAL CNG & FLEET SERVICE 590.18 0.00 590.18 AP 00397761 02/06/2019 NELSON, ARIANNA 350.00 0.00 350.00 AP 00397762 02/06/2019 NEVAREZ, CHRISTOPHER 350.00 0.00 350.00 AP 00397763 02/06/2019 NICOLS, JOSHUA W 342.00 0.00 342.00 AP 00397764 02/06/2019 NORIEGA, ESTELA SALVADOR 15.00 0.00 15.00 AP 00397765 02/06/2019 ONTARIO ELKS LODGE #1419 75.00 0.00 75.00 AP 00397766 02/06/2019 ONTARIO WINNELSON CO 0.00 2,280.05 2,280.05 AP 00397767 02/06/2019 ONWARD ENGINEERING 6,240.00 0.00 6,240.00 AP 00397768 02/06/2019 ONWARD ENGINEERING 102,326.25 0.00 102,326.25 AP 00397769 02/06/2019 ORDAZ, JESSICA 350.00 0.00 350.00 AP 00397770 02/06/2019 PACIFIC TRUCK EQUIPMENT 79.61 0.00 79.61 AP 00397771 02/06/2019 PACIFIC UTILITY INSTALLATION INC 294.00 0.00 294.00 AP 00397772 02/06/2019 PATTON SALES CORP 98.44 0.00 98.44 AP 00397773 02/06/2019 PEP BOYS 335.54 0.00 335.54 AP 00397774 02/06/2019 PETES ROAD SERVICE INC 1,124.25 0.00 1,124.25 AP 00397775 02/06/2019 PRADO, GABRIEL 15.00 0.00 15.00 AP 00397776 02/06/2019 PRIME GLASS 370.93 0.00 370.93 AP 00397777 02/06/2019 PRISTINE UNIFORMS LLC 0.00 370.62 370.62 AP 00397778 02/06/2019 PRO FORCE LAW ENFORCEMENT 1,714.35 0.00 1,714.35 AP 00397779 02/06/2019 PRO SALES GROUP INC 357.83 0.00 357.83 AP 00397780 02/06/2019 PRO SPRAY INC 567.00 0.00 567.00 AP 00397781 02/06/2019 PULLTARPS MANUFACTURING 1,249.56 0.00 1,249.56 AP 00397782 02/06/2019 R AND R AUTOMOTIVE 792.08 0.00 792.08 AP 00397783 02/06/2019 RABAJANTE, MELANIE 350.00 0.00 350.00 AP 00397784 02/06/2019 RAMBAUD, BRET 0.00 270.00 270.00 AP 00397785 02/06/2019 RAMTEK LLC 0.00 1,981.32 1,981.32 AP 00397786 02/06/2019 RANCHO MALL LLC 16,000.00 0.00 16,000.00 AP 00397787 02/06/2019 RANCHO SMOG CENTER 79.90 0.00 79.90 AP 00397788 02/06/2019 RBM LOCK AND KEY SERVICE 210.11 0.00 210.11 AP 00397789 02/06/2019 RDO EQUIPMENT COMPANY 380.16 0.00 380.16 AP 00397790 02/06/2019 RIOJAS, KEEGAN 850.00 0.00 850.00 17:54:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:7 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 85 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount AP 00397791 02/06/2019 RJ NOBLE COMPANY 80,182.14 0.00 80,182.14 AP 00397792 02/06/2019 RODAS' AUTO REPAIR 2,543.12 0.00 2,543.12 AP 00397793 02/06/2019 RODRIGUEZ, FRANCISCO 350.00 0.00 350.00 AP 00397794 02/06/2019 ROSE BRAND WIPERS INC 384.56 0.00 384.56 AP 00397795 02/06/2019 ROTO ROOTER 0.00 430.00 430.00 AP 00397796 02/06/2019 ROYAL INDUSTRIAL SOLUTIONS CITY OF INDUSTRY 1,272.33 0.00 1,272.33 AP 00397797 02/06/2019 RUIZ, ISAIAH 350.00 0.00 350.00 AP 00397798 02/06/2019 SAN BERNARDINO COUNTY SHERIFFS DEPT 4,042.75 0.00 4,042.75 AP 00397799 02/06/2019 SAN BERNARDINO COUNTY SHERIFF'S DEPT 315.00 0.00 315.00 AP 00397800 02/06/2019 SAN BERNARDINO COUNTY SHERIFFS DEPT 770.00 0.00 770.00 AP 00397801 02/06/2019 SAN BERNARDINO CTY 17,201.57 0.00 17,201.57 AP 00397802 02/06/2019 SAN BERNARDINO CTY AUDITOR CONTROLLER 404.00 0.00 404.00 AP 00397803 02/06/2019 SC FUELS 67,339.36 0.00 67,339.36 ***AP 00397804 02/06/2019 SC FUELS 2,345.24 1,019.97 3,365.21 AP 00397805 02/06/2019 SCLLN INC 150.00 0.00 150.00 AP 00397806 02/06/2019 SECC CORP 45,234.00 0.00 45,234.00 AP 00397807 02/06/2019 SHEAKLEY PENSION ADMINISTRATION 0.00 175.65 175.65 AP 00397808 02/06/2019 SHIELDS HARPER & CO 0.00 8,872.97 8,872.97 AP 00397809 02/06/2019 SHIELDS, JASON 300.23 0.00 300.23 AP 00397810 02/06/2019 SHIPMAN, LONNIE 71.60 0.00 71.60 AP 00397811 02/06/2019 SHOETERIA 136.83 0.00 136.83 ***AP 00397812 02/06/2019 SILVER & WRIGHT LLP 37,483.00 363.04 37,846.04 AP 00397814 02/06/2019 SOCIAL VOCATIONAL SERVICES 11,500.00 0.00 11,500.00 AP 00397815 02/06/2019 SOLARWINDS INC 3,395.00 0.00 3,395.00 AP 00397816 02/06/2019 SOMERA, ANDREA 550.00 0.00 550.00 ***AP 00397819 02/06/2019 SOUTHERN CALIFORNIA EDISON 16,660.46 464.91 17,125.37 AP 00397820 02/06/2019 SOUTHERN CALIFORNIA EDISON 149.36 0.00 149.36 AP 00397821 02/06/2019 SOUTHERN CALIFORNIA EDISON 2,657.37 0.00 2,657.37 AP 00397822 02/06/2019 SOUTHLAND SPORTS OFFICIALS 2,080.00 0.00 2,080.00 AP 00397823 02/06/2019 SPARKES, BRIAN 15.00 0.00 15.00 AP 00397824 02/06/2019 SPECIAL SERVICES GROUP LLC 269.38 0.00 269.38 AP 00397825 02/06/2019 STEMPINSKY, ANTHONY 15.00 0.00 15.00 AP 00397826 02/06/2019 STOR'EM SELF STORAGE 560.00 0.00 560.00 AP 00397827 02/06/2019 STOTZ EQUIPMENT 25,858.92 0.00 25,858.92 AP 00397828 02/06/2019 TEATS, STEVEN 350.00 0.00 350.00 AP 00397829 02/06/2019 TECH 24 COMMERCIAL FOODSERVICE REPAIR INC 506.03 0.00 506.03 AP 00397830 02/06/2019 TESSIER, JEAN YVES 5,500.00 0.00 5,500.00 AP 00397831 02/06/2019 THE COUNSELING TEAM INTERNATIONAL 0.00 840.00 840.00 AP 00397832 02/06/2019 TICKET ENVELOPE COMPANY 1,846.50 0.00 1,846.50 AP 00397833 02/06/2019 TINT CITY WINDOW TINTING 290.00 0.00 290.00 AP 00397834 02/06/2019 TIREHUB LLC 2,648.95 0.00 2,648.95 AP 00397835 02/06/2019 TORO TOWING 950.00 0.00 950.00 AP 00397836 02/06/2019 TRIMMER, PATRICIA A 400.00 0.00 400.00 AP 00397837 02/06/2019 UNIVERSAL MARTIAL ARTS CENTERS 577.50 0.00 577.50 AP 00397838 02/06/2019 UPS 131.71 0.00 131.71 AP 00397839 02/06/2019 US POSTMASTER 250.00 0.00 250.00 AP 00397840 02/06/2019 UTILIQUEST 2,028.66 0.00 2,028.66 17:54:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:8 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 86 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount AP 00397841 02/06/2019 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00397842 02/06/2019 VELOCITY TRUCK CENTERS 7,065.57 0.00 7,065.57 AP 00397843 02/06/2019 VILLENAS, FABIAN 100.13 0.00 100.13 AP 00397844 02/06/2019 VMI INC 2,338.03 0.00 2,338.03 AP 00397845 02/06/2019 VULCAN MATERIALS COMPANY 76.23 0.00 76.23 AP 00397846 02/06/2019 WATSON, ROSIE 250.00 0.00 250.00 AP 00397847 02/06/2019 WAXIE SANITARY SUPPLY 180.62 0.00 180.62 AP 00397848 02/06/2019 WIGGINS, RENADDA 54.00 0.00 54.00 AP 00397849 02/06/2019 WILKERSON-CAVER, PAMELA 42.51 0.00 42.51 AP 00397850 02/06/2019 WORLD ELITE GYMNASTICS 157.50 0.00 157.50 AP 00397851 02/06/2019 ZONES CORPORATE SOLUTIONS 288.27 0.00 288.27 AP 00397852 02/07/2019 AMERICAN RED CROSS 175.00 0.00 175.00 AP 00397853 02/07/2019 CASTRO, CAMILO 113.52 0.00 113.52 AP 00397854 02/07/2019 SAN BERNARDINO CTY AUDITOR CONTROLLER 104.00 0.00 104.00 AP 00397855 02/07/2019 SBC TREASURER TAX COLLECTOR 300.00 0.00 300.00 AP 00397856 02/07/2019 US POSTMASTER 250.00 0.00 250.00 AP 00397857 02/07/2019 BEST BEST AND KRIEGER 5,380.48 0.00 5,380.48 AP 00397858 02/07/2019 BIBLIOTHECA LLC 94,589.63 0.00 94,589.63 AP 00397861 02/07/2019 BRODART BOOKS 6,578.70 0.00 6,578.70 AP 00397862 02/07/2019 CITRUS MOTORS ONTARIO INC 0.00 4.63 4.63 AP 00397863 02/07/2019 GRANICUS INC 14,350.00 0.00 14,350.00 AP 00397864 02/07/2019 OFFICE DEPOT 5,000.51 0.00 5,000.51 AP 00397865 02/07/2019 PSA PRINT GROUP 38.79 0.00 38.79 ***AP 00397866 02/07/2019 SAFETY KLEEN SYSTEMS INC 377.13 210.11 587.24 AP 00397867 02/07/2019 SIEMENS INDUSTRY INC 24,733.20 0.00 24,733.20 AP 00397868 02/07/2019 SITEONE LANDSCAPE SUPPLY LLC 441.47 0.00 441.47 AP 00397869 02/07/2019 SWANK MOTION PICTURES INC 28.00 0.00 28.00 AP 00397870 02/07/2019 THOMSON REUTERS WEST PUBLISHING CORP 364.93 0.00 364.93 $5,518,661.62 $5,674,021.68 $155,360.06 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 17:54:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:9 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 87 D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:Tamara L ayne, F inance D irector S UB J E C T:C O NS ID E RAT I O N T O AP P RO V E WE E K LY C HE C K RE G IS T E RS F O R C HE C K S I S S UE D T O S O UT HE RN C AL IF O RNI A G AS C O M PANY I N T HE AM O UNT O F $23,963.73 D AT E D J ANUARY 29, 2019 T HRO UG H F E B RUARY 11, 2019. RE COMMENDAT ION: Staf f recommends City Council approve payment of demands as presented. BACKGROUND: N/A ANALY S IS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRE S S E D: N/A AT TAC HM E NT S : D escription Attachment 1 S o Ca Gas C heck R egister Page 88 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. AND CITY OF RANCHO CUCAMONGA 1/29/2019 through 2/11/2019 Check No.Check Date Vendor Name City Fire Amount ***AP 00397573 01/30/2019 SO CALIF GAS COMPANY 22,838.59 3,408.24 26,246.83 AP 00397813 02/06/2019 SO CALIF GAS COMPANY 1,125.14 0.00 1,125.14 $23,963.73 $27,371.97 $3,408.24 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 17:53:47 02/12/2019Current Date:VLOPEZ - VERONICA LOPEZ Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report: Page 89 D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ames C . F rost, C ity Treasurer INIT IAT E D B Y:L ori E . S assoon, Deputy City Manager/Administrative Services Tamara L . L ayne, F inance D irector S andra G. Ramirez, Management Analyst I I I S UB J E C T:C O NS ID E RAT I O N T O RE C E IV E AND F IL E C URRE NT I NV E S T M E NT S C HE D UL E AS O F J ANUARY 31, 2019. RE COMMENDAT ION: Staf f recommends that the City C ouncil receive and f ile the attached current investment schedule for the C ity of R ancho Cucamonga as of J anuary 31, 2019. BACKGROUND: T he attached investment schedule as of J anuary 31, 2019 reflects cash and investments managed by the F inance/Treasury Management Division and is in conf ormity with the requirements of California Government Code S ection 53601 and the City of Rancho Cucamonga’s adopted I nvestment P olicy as approved by the City Council on A pril 17, 2017. ANALY S IS: T he City Treasurer is required to submit a quarterly investment report to the City Council in accordance with C alif ornia Government Code Section 53646. T he quarterly investment report is required to be submitted within 30 days f ollowing the end of the quarter covered by the report. However, the C ity Treasurer has elected to provide this report on a monthly basis. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRE S S E D: N/A AT TAC HM E NT S : D escription Attachment 1 - Portfolio Management - P ortf olio Summary J anuary 31, 2019 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ames C . F rost, C ity Treasurer INIT IAT E D B Y:L ori E . S assoon, Deputy City Manager/Administrative Services Tamara L . L ayne, F inance D irector S andra G. Ramirez, Management Analyst I I I S UB J E C T:AP P RO VAL T O AD O P T ANNUAL S TAT E M E NT O F INV E S T M E NT P O L I C Y. RE COMMENDAT ION: T he City C ouncil reviews the S tatement of I nvestment P olicy on an annual basis. I t is recommended that the C ity Council approve and adopt the attached S tatement of I nvestment P olicy for the City of Rancho C ucamonga. BACKGROUND: C alif ornia G overnment Code S ection 53646 requires that the City Treasurer or Chief F iscal Officer annually renders to the C ity C ouncil a S tatement of I nvestment Policy, which shall be considered at a public meeting. F urther, the City C ouncil shall also consider any modifications to the investment policy at a public meeting. T his year there have been no changes to State law that would require modifications to the existing investment policy. However, there are a few minor wording changes. A ttached for your review and approval is the City Treasurer’s “Statement of I nvestment P olicy.” ANALY S IS: T he City Council originally adopted a S tatement of I nvestment P olicy in J uly 1987. T he City’s I nvestment Policy and practices are based upon f ederal, state, and local law, as well as the prudent investor standard. T he primary goals of the C ity’s policy are: 1) to ensure compliance with all federal, state, and local law governing the investment of monies under the control of the City Treasurer; 2) to protect the City’s assets; and 3) to invest public funds prudently. T he C ity Treasurer is authorized to invest the City’s funds in accordance with the C alif ornia Government C ode Section 53600 et seq. (the “S tate C ode”), and the investment policy adopted by the C ity Council. T hese f unds are accounted for in the City’s financial system and are reported annually in the C ity’s C omprehensive Annual F inancial R eport (C A F R). The C ity Council also receives a monthly investment report as part of the agenda packet f or certain scheduled City Council meetings. T he C ity continues to maintain an investment strategy more conservative than required under state law. Additionally, the City Treasurer and F inance staff regularly monitor legislation, government code amendments, and prof essional practices pertaining to investing of public funds, to ensure the C ity’s A nnual Page 101 Statement of I nvestment P olicy is updated as appropriate. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRE S S E D: Annual review and adoption of the S tatement of I nvestment P olicy supports the City's goal to undertake programs and projects to enhance Rancho C ucamonga's position as the premier community in our region. AT TAC HM E NT S : D escription Attachment 1 - Statement of I nvestment P olicy Page 102 STATEMENT OF INVESTMENT POLICY 2019 Prepared by the Administrative Services Group James C. Frost, Treasurer Lori E. Sassoon, Deputy City Manager/Administrative Services Deputy Treasurer Tamara L. Layne, Finance Director Sandra G. Ramirez, Management Analyst III Page 103 CITY OF RANCHO CUCAMONGA STATEMENT OF INVESTMENT POLICY TABLE OF CONTENTS Introduction ........................................................................................................ 1 Scope .................................................................................................................. 1 Prudence ............................................................................................................ 2 Objective ......................................................................................................... 2-3 Delegation of Authority ...................................................................................... 3 Ethics and Conflicts of Interest ......................................................................... 3-4 Authorized Financial Dealers and Institutions ..................................................... 4 Authorized and Suitable Investments .............................................................. 4-8 Review of Investment Portfolio .......................................................................... 8 Investment Pools ................................................................................................ 9 Collateralization .................................................................................................. 9 Safekeeping and Custody ............................................................................... 9-10 Diversification ................................................................................................... 10 Maximum Maturities ........................................................................................ 10 Internal Control ................................................................................................ 10 Performance ..................................................................................................... 11 Reporting .......................................................................................................... 11 Investment Policy Adoption .............................................................................. 12 Glossary ....................................................................................................... 13-18 Broker/Dealer Questionnaire and Certification ....................................... Exhibit A Summary of Authorized and Suitable Investments .................................. Exhibit B Page 104 Statement of Investment Policy Page 1 CITY OF RANCHO CUCAMONGA STATEMENT OF INVESTMENT POLICY 1.0 INTRODUCTION This Statement of Investment Policy (“Policy”) provides guidelines for the prudent investment of the City of Rancho Cucamonga’s idle cash and outlines the policies essential to ensuring the safety and financial strength of the City’s investment portfolio. The investment policy is based on the principles of prudent money management and conforms to all federal, state, and local laws governing the investment of public funds. The goal of the City’s investment policy is to enhance the economic status of the City by protecting its pooled cash and to invest public funds to: 1. Meet the daily cash flow needs of the City; 2. Comply with all laws of the State of California regarding investment of public funds; and 3. Achieve a reasonable rate of return while minimizing the potential for capital losses arising from market changes or issuer default. 2.0 SCOPE The investment policy applies to the investment activities of all funds of the City of Rancho Cucamonga. These funds are accounted for in the City’s Comprehensive Annual Financial Report (CAFR) and include: General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Proprietary Funds, as well as Agency Funds and a Private-Purpose Trust Fund. Bond proceeds shall be invested in accordance with the requirements and restrictions outlined in bond documents as approved by the City Council. Guidelines presented herein are not intended to apply to bond proceeds held by the City or by fiscal agents or trustees for bond holders of City debt. However, investment of bond proceeds will be no less restrictive than the City’s investment of its idle cash. The City may direct its fiscal agents to invest funds associated with bonds or debt issues pending disbursement or reinvestment in “money market mutual funds” that are shares of beneficial interest issued by diversified management companies. The criteria for “money market mutual funds” are more specifically described in California Government Code § 53601(l). Page 105 Statement of Investment Policy Page 2 3.0 PRUDENCE The City Treasurer, the delegated investment officers, and/or his/her appointed designee operate the City’s pooled cash investment program and invest to minimize risk. Investments shall be made in a manner consistent with the “prudent investor” standard for trustees of local government monies, as described in Government Code section 53600.3 which states: When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. The City Treasurer, the delegated investment officers, and/or his/her appointed designee acting in accordance with the investment policy and the “prudent investor” standard and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments, whenever possible. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the professional management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. 4.0 OBJECTIVE The objective of the investment portfolio is to meet the short and long term cash flow demands of the City. To achieve this objective, the portfolio will be structured to provide safety of principal and liquidity, while then providing a reasonable return on investments. The authority governing investments for municipal governments is set forth in Government Code Sections 53600 et seq. City strategy has been to limit investments more stringently than required under state law. The primary objectives of investment activities, in order of priority are: 1. Safety - Safety and risk associated with an investment refers to the potential loss of principal, interest, or combination thereof. The City only invests in those instruments that are considered safe. Each investment transaction shall be undertaken in a manner that seeks to ensure, whenever possible, that all capital losses are avoided, whether Page 106 Statement of Investment Policy Page 3 from securities default, broker/dealer default, or erosion of market value. The City shall seek to preserve principal by mitigating two types of risk: credit risk and market risk. • Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing in only very safe securities and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the City’s cash flow. • Market risk, defined as the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by structuring the portfolio to align with the City’s anticipated cash flow needs. It is explicitly recognized, however, that in a diversified portfolio, occasional measured losses may occur and must be considered within the context of overall investment return and liquidity needs. 2. Liquidity - Liquidity is an important investment quality especially when the need for unexpected funds occasionally occurs. The City’s investment portfolio will remain sufficiently liquid to enable the City to meet operating requirements that might be reasonably anticipated. 3. Yield - The City’s investment portfolio shall be designed with the objective of attaining a reasonable market rate of return throughout budgetary and economic cycles, commensurate with the City’s investment risk constraints as long as it does not diminish the objectives of Safety and Liquidity. 5.0 DELEGATION OF AUTHORITY The City Council, as permitted under California Government Code §53607, delegates the responsibility to manage the City of Rancho Cucamonga’s investment portfolio to the City Treasurer. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials, and their procedures, in the absence of the City Treasurer. Pursuant to Government Code §1190, the City Treasurer has the authority to appoint a Deputy Treasurer or designee to act on behalf of the City. The City Treasurer will provide written authorization in delegating any of his/her authority. 6.0 ETHICS AND CONFLICTS OF INTEREST The Treasurer/Deputy Treasurer and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees Page 107 Statement of Investment Policy Page 4 and investment officers shall disclose any material financial interest in financial institutions that conduct business with the City, and they shall further disclose any personal financial/investment positions that could be affected by the performance of the City’s operations and functions or by the management of the City’s investment program. The Treasurer/Deputy Treasurer and investment employees are required to file annual disclosure statements as required by the Fair Political Practices Commission (FPPC). 7.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The City Treasurer will maintain a list of approved security broker/dealers selected by credit worthiness who are authorized to provide investment services to the City. The City will transact business only with approved investment securities broker/dealers that are approved as an authorized broker/dealer in compliance with the City selection process. The Treasurer shall request all broker/dealers that wish to do business with the City to provide proof of capitalization to meet the City’s needs and agree to abide by the conditions set forth in this investment policy. They must have offices in the State of California, provide a current audited financial statement, proof of Financial Industry Regulatory Authority (FINRA) certification, proof of State of California registrations, and complete the appropriate City Broker/Dealer Questionnaire and Certification. The questionnaire used for these processes is attached to this Investment Policy as Exhibit A. The City shall at least annually provide a copy of the current investment policy to all broker/dealers approved to do business with the City. Broker/dealers shall be required to provide a confirmation certification acknowledging receipt of the policy and submit their most recent audited financial statements. Confirmation of receipt of this policy shall be considered evidence that the broker/dealers understands the City’s investment policy and agrees to sell the City only suitable and appropriate investments in compliance with the City’s investment policy. 8.0 AUTHORIZED AND SUITABLE INVESTMENTS The City is further governed by California Government Code Sections 53600 et. seq. to invest in specific types of securities. The City has further limited the types of securities in which it may invest. Any security not listed in Section 8.0 is not a valid investment for the City. The concise list of approved securities is as follows: • United States Treasury Securities: United States Treasury Bills, Bonds, and Notes or those instruments for which the full faith and credit of the United States are pledged for payment of principal and interest. Page 108 Statement of Investment Policy Page 5 There is no limit on the percentage of the portfolio that can be invested in this category. The City shall not invest in any security that exceeds five-years of maturity. • United States Federal Agencies: Obligations issued by Federal Agencies or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There is no limit on the percentage of the portfolio that can be invested in this category. The City shall not invest in any security that exceeds five-years of maturity. • Municipals Notes or Bonds: Taxable or tax-exempt bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency. At the time of purchase, long term investments must have a minimum rating of either “A1” by Moody’s Investor Services Inc. or “A+” by Standard & Poor's Corporation, the minimum short-term rating of either “MIG 1” by Moody’s Investor Services Inc. or “SP-1” by Standard & Poor’s Corporation. (The minimum rating shall apply to any agency, irrespective of any credit enhancement). There is a 30% limit on the percentage of the portfolio that can be invested in this category. The City shall not invest in any security that exceeds five-years of maturity. • Certificates of Deposit (Time Deposits): Non-negotiable time deposits, collateralized in accordance with the California Government Code, may be purchased through banks and savings and loan associations. There is no limit on the percentage of the portfolio that can be invested in this category. The City shall not invest in any security that exceeds five-years of maturity. • Negotiable Certificates of Deposit: Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. There is a 30% limit on the percentage of the portfolio that can be invested in this category. The City shall not invest in any security that exceeds five-years of maturity. Page 109 Statement of Investment Policy Page 6 • Bankers’ Acceptances : Bankers’ acceptances, otherwise known as bills of exchange or time drafts, that are drawn on and accepted by a commercial bank. There is a 40% limit on the percentage of the portfolio that can be invested in this category. No more than 30% percent of the City’s moneys shall be invested in the bankers’ acceptances of any one commercial bank. The maximum maturity shall not exceed 180 days. • Commercial Paper: Must be of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by Moody’s Investor Services Inc. or Standard & Poor’s Corporation of at least “A” or “A1/P1” is required. Purchases of commercial paper are limited to no more than 10% of the outstanding commercial paper of any single issuer. The entity that issues the commercial paper shall meet all the following conditions: (i) is organized and operating in the United States as a general corporation, (ii) has total assets in excess of five hundred million dollars ($500,000,000), and (iii) has debt other than commercial paper, if any, that is rated at least “A” or its equivalent, by a Nationally Recognized Statistical Rating Organization (NRSRO.) There is a 25% limit on the percentage of the portfolio that can be invested in this category. No more than 5% of the cost value of the portfolio at time of purchase may be invested in Commercial Paper issued by any one corporation. The sum of the market value of the Commercial Paper and Medium-Term Notes invested in any one corporation or corporate entity shall not exceed 5% of the cost value of the portfolio at time of purchase. The maximum maturity shall not exceed 270 days. • State of California Local Agency Investment Fund (LAIF): The Local Agency Investment Fund (LAIF) is a State of California managed investment pool established by the State Treasurer for the benefit of local agencies. There is no limit on the percentage of the portfolio that can be invested in this category. The maximum investment in LAIF accounts is dependent upon limits established under the Local Agency Investment Fund guidelines and not Government Code. • Joint Powers Authority (JPA) Investment Pool (Short-Term): Investment Trust of California (CalTRUST). CalTRUST accounts have been created to facilitate the centralization of the investment management function on behalf of California local agencies through a partnership between the California State Association of Counties and the League of California Cities. Page 110 Statement of Investment Policy Page 7 There is a 10% limit on the percentage of the portfolio that can be invested in this category. The City shall not invest in any security that exceeds five-years of maturity. • Deposit of Funds: “Depository” means a state or national bank, savings association or federal association, a state or federal credit union, or a federally insured industrial loan company, in this state in which the moneys of a local agency are deposited. Deposits in banks or other depository institutions may be in demand accounts (checking), savings accounts, market rate accounts, and time deposits. California law requires that public deposits in banks be insured by the Federal Deposit Insurance Corporation (FDIC) or, to the extent not insured, collateralized with certain types of securities. There is no limit on the percentage of the portfolio that can be invested in this category. • Repurchase Agreements (Repos): An executed Master Repurchase Agreement is required between the City of Rancho Cucamonga and the broker dealer or financial Institution. The market value of securities that underlies a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. There is a 20% limit on the percentage of the portfolio that can be invested in this category. The maximum maturity shall not exceed one year of maturity. • Medium-Term Notes: Medium-Term Notes are defined as all corporate and depository institution debt securities. They must be issued by corporations organized and operating within the United States. Notes eligible for investment shall be rated “AA” or better by Moody’s Investor Services Inc. or Standard & Poor’s Corporation There is a 30% limit on the percentage of the portfolio that can be invested in this category. No more than 5% of the cost value of the portfolio at time of purchase may be invested in notes issued by any one corporation. The sum of the market value of the Medium-Term Notes and Commercial Paper invested in any one corporation or corporate entity shall not exceed 5% of the cost value of the portfolio at time of purchase. The City shall not invest in any security that exceeds five-years of maturity. • Supranational Securities: United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter- American Development Bank. The maximum remaining maturity for supranational Page 111 Statement of Investment Policy Page 8 obligations must be five years or less, and they must be eligible for purchase and sale within the United States. These investments must be rated in a rating category of “AA” or better by a NRSRO. There is a 30% limit on the percentage of the portfolio that can be invested in this category. The City shall not invest in any security that exceeds five-years of maturity. • Investment Agreements: Investment agreements, guaranteed investment contracts, funding agreements, or any other form of corporate note which represents the unconditional obligation of one or more banks, insurance companies or other financial institutions, or are guaranteed by a financial institution, which has an unsecured rating, or which agreement is itself rated, as of the date of execution thereof, in one of the two highest rating categories by two or more rating agencies; or, which are collateralized at least 100% with U.S. Government securities. There is a 5% limit on the percentage of the portfolio that can be invested in this category. Percentage limits for Investment Agreements are not intended to apply to bond funds held by the City or by Fiscal Agents or Trustees, in which investment of such funds is under the City’s control or direction. See summary table of “Authorized and Suitable Investments” at Exhibit B. 9.0 REVIEW OF INVESTMENT PORTFOLIO The securities held by the City of Rancho Cucamonga must be in compliance with Section 8.0 “Authorized and Suitable Investments” at the time of purchase. If, subsequent to the date of purchase, a security is determined to be no longer in compliance with Section 8.0, the City Treasurer shall report the non-compliant security to the City Council and shall include a disclosure in the monthly Investment Report if the security is held at the date the report is prepared. The City’s external, independent auditors perform an annual review of the City’s Investment Policy, investment process, and related internal controls. The annual review process is performed as part of the City’s annual external financial audit. Page 112 Statement of Investment Policy Page 9 10.0 INVESTMENT POOLS The Local Agency Investment Fund (LAIF) is a voluntary investment alternative for California’s local governments and special districts authorized by the California Government Code. LAIF is a State of California managed investment pool established by the State Treasurer for the benefit of local agencies. The City’s participation in LAIF was approved by the City Council with other authorized investments in July 1987. It is a permitted investment with the knowledge that the fund may invest in some vehicles allowed by statute but not otherwise authorized under the City’s authorized investments. All securities in LAIF are purchased under the authority of Government Code Sections 16430 and 16480. All investments are purchased at market value, and market valuation is conducted monthly. The City may also invest in shares of beneficial interest issued by a joint powers authority (“JPA”) organized pursuant to Section 6509.7 of the California Government Code that invests in the securities and obligations specified in the code and which shall retain an investment advisor that meets the following criteria: 1. Be registered or exempt from registration with the Securities and Exchange Commission; 2. Have assets under management in excess of five hundred million dollars, ($500,000,000), and 3. Have not less than five (5) years of experience investing in the securities and obligations authorized herein. 11.0 COLLATERALIZATION All demand deposits, time deposits and certificates of deposits that are not insured by the Federal Deposit Insurance Corporation (FDIC) must be fully collateralized in accordance with Government Code Section 53601. 12.0 SAFEKEEPING AND CUSTODY To protect against potential losses by the collapse of individual securities dealers, all trades will be transacted on a delivery-versus-payment (DVP) basis. This means that the securities shall be delivered to the City’s designated custodian upon receipt of the payment by the City. The securities shall be held in safekeeping by a third party custodian, acting as agent for the City under the terms of a custody agreement executed by the bank and City. Page 113 Statement of Investment Policy Page 10 The third party custodian shall be required to issue a monthly safekeeping report to the City that lists the specific investment, rate, maturity and other pertinent information. The only exception to the foregoing shall be depository accounts and security purchases made with investment pools and certificates of deposit since the purchased securities are not deliverable. Evidence of these investments will be held in the City’s vault. No outside broker/dealer or advisor may have access to City funds, accounts or investments, and any transfer of funds to or through an outside broker/dealer must be approved by the City Treasurer/Deputy Treasurer. The City strives to maintain the level of investment of all funds as near 100% as possible, through daily and projected cash flow determinations. Idle cash management and investment transactions are the responsibility of the City Treasurer. 13.0 DIVERSIFICATION It is the policy of the City to diversify its investment portfolio. Assets shall be diversified to eliminate the risk of loss resulting from over-concentration of assets in a specific issuer, security type, and maturities. Diversification strategies shall be determined and revised periodically. The purpose of diversifying is to reduce overall portfolio risks while attaining an average market rate of return; therefore, it needs to be conceptualized in terms of maturity, instrument types and issuer. 14.0 MAXIMUM MATURITIES To the extent possible, the City of Rancho Cucamonga will attempt to match security maturities to anticipated cash flow requirements. The maximum maturity of individual investments shall not exceed a maturity of five years from the date of purchase unless the City Council has granted authority to make that investment either specifically or as a part of an investment program approved by the City Council. 15.0 INTERNAL CONTROL The City Treasurer and/or his/her appointed designee shall establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures set forth in this Investment Policy. Also, see Section 9.0 of this Policy. Page 114 Statement of Investment Policy Page 11 16.0 PERFORMANCE The investment performance of the City’s operating portfolio shall be evaluated and compared to an appropriate benchmark in order to assess the success of the investment program relative to the City’s Safety, Liquidity, and Yield objectives. This review will be conducted annually with the City Treasurer, Deputy City Manager/Administrative Services, and Finance Director and, if necessary, consider making adjustments to future investment strategies as market conditions permit. 17.0 REPORTING The City Treasurer shall prepare and submit a monthly investment report to the City Council and City Manager, which shall include all securities, excluding those held by and invested through trustees. The report shall include the following: • The type of investment, name of the issuer, date of purchase, date of maturity, par and dollar amount invested in all securities. • The weighted average maturity of the investments. • Any funds, investments, or programs including loans that are under the management of contracted parties. • A description of the compliance with the Statement of Investment Policy. • A statement of the City’s ability to meet its pooled expenditure requirements for the next six months or provide an explanation as to why sufficient money shall, or may not be available. • The investment portfolio report shall include current market value information for all investments. A monthly market value will be obtained for each security owned by the City. For purposes of reporting, the market value of each security may be obtained from the City’s custodian bank or other pricing source(s) utilized by the City’s approved brokers. The City Treasurer shall be responsible for reviewing and modifying investment guidelines as conditions warrant and is required to submit same for re-approval to the City Council on an annual basis with or without changes. However, the City Treasurer may, at any time, further restrict the items approved for purchase as deemed appropriate. The basic premise underlying the City’s investment philosophy is, and will continue to be, to ensure that money is always safe and available when needed. Page 115 Statement of Investment Policy Page 12 18.0 INVESTMENT POLICY ADOPTION The City of Rancho Cucamonga’s Investment Policy shall be reviewed and approved annually by the City Council. Any modifications made to the Investment Policy must be approved by the City Council. James C. Frost Date City Treasurer City of Rancho Cucamonga Page 116 Statement of Investment Policy Page 13 GLOSSARY OF TERMS AGENCIES: Agencies of or sponsored by the Federal government set up to supply credit to various classes of institutions. Examples include Federal Home Loan Banks (FHLB), Federal Farm Credit Bank (FFCB), Federal Home Loan Mortgage Corporation (FHLMC), Federal National Mortgage Association (FNMA) and Sallie Mae. ASKED: The price at which securities are offered by a selling party to a buying party. BANKERS’ ACCEPTANCE (BA): A draft, bill, or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BASIS POINT: One basis point is one-hundredth of a percent (i.e., 0.01%). BEAR MARKET: A period of generally pessimistic attitudes and declining market prices. BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments. BID: The price offered by a buyer of securities. (When selling securities, you ask for a bid.) BOND EQUIVALENT YIELD: The basis on which yields on notes and bonds are quoted. BOOK VALUE (COST VALUE): The value at which a debt security is shown on the holder’s balance sheet. Book value is acquisition cost less amortization of premium or accretion of discount. BROKER/DEALER: An individual or firm that brings buyers and sellers together in a securities transaction. BULL MARKET: A period of generally optimistic attitudes and increasing market prices. CALLABLE SECURITIES: A security that is redeemable by the issuer before the scheduled maturity. Bonds are usually called when the interest rates fall so significantly that the issuer can save money by floating new bonds at lower rates. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a Certificate. Large denomination CD’s are typically negotiable. Page 117 Statement of Investment Policy Page 14 COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also, refers to securities pledged by a bank to secure deposits of public monies. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report of the City of Rancho Cucamonga. It includes five combined statements for each individual fund and account group prepared in conformity with Generally Accepted Accounting Principles (GAAP). It also includes supporting schedules necessary to demonstrate compliance with GAAP, finance- related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. CORPORATE MEDIUM-TERM NOTE: Corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. COUPON: (a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. (b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT (DVP): Delivery of securities with a simultaneous exchange of money for the securities. DERIVATIVES: Financial products dependent for their value on (or derived from) an underlying financial instrument, a commodity, or an index. DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is at a discount. DISCOUNT SECURITIES: Non-interest bearing, money market instruments that are issued at a discount and redeemed at maturity for full face value, e.g. U.S. Treasury Bills. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. Page 118 Statement of Investment Policy Page 15 FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits up to $250,000 per deposit. FEDERAL FUNDS RATE: The interest rate charged by one institution lending federal funds to another. FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks), which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLBs is to liquefy the housing related assets of its members who must purchase stock in their district bank. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation’s purchases include a variety of adjustable mortgages, second loans, and fixed-rate mortgages. FNMA’s securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market to influence the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and comprising a seven-member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. GOVERNMENTAL ACCOUNTING STANDARDS BOARD (GASB): The independent organization that establishes and improves standards of accounting and financial reporting for the United States, state and local governments. Page 119 Statement of Investment Policy Page 16 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA, or FMHM mortgages. The term “pass-through” is often used to describe Ginnie Maes. INVESTMENT AGREEMENTS: An agreement with a financial institution to borrow public funds subject to certain negotiated terms and conditions concerning collateral, liquidity and interest rates. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss. LOCAL AGENCY INVESTMENT FUND (LAIF): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MARKET RATE OF RETURN: A rate of return commensurate with the market for similar securities (maturity, credit rating, duration and liquidity) would be considered a market rate of return. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase–reverse, repurchase agreements that establishes each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller-borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded. NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (NRSRO): A credit rating agency that provides credit ratings that are used by the U.S. government and investors as benchmarks. Examples include Standard & Poor’s Corporation, Moody’s Investor Services, Inc. and Fitch, Inc. Page 120 Statement of Investment Policy Page 17 OFFER: The price asked by a seller of securities. (When buying securities, you ask for an offer.) OPEN MARKET OPERATIONS: Federal Reserve activity. Under the Federal Reserve Act, the Fed uses purchases and sales of Government and Federal Agency securities to add to or subtract from commercial bank reserves. Goals are to sustain economic growth, high employment and reasonable price stability. PAPER GAIN OR LOSS: Term used for unrealized gain or loss on securities being held in a portfolio based on comparison of current market quotes and their original cost. This situation exists if the security is held while there is a difference between cost value (book value) and the market value. PORTFOLIO: Collection of securities held by an investor. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity, positions and monthly financial statements to the Federal Reserve Bank of New York, and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) registered securities broker/dealers, banks and a few unregulated firms. PRUDENT INVESTOR STANDARD: An investment standard to be followed by those authorized to make investment decisions on behalf of a local agency. Those authorized shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of that agency. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond; the current income return. SAFEKEEPING: The service to customers by banks and trust companies when the bank or trust company stores the securities for protection, receives coupon payments and redeems issues at maturity. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution of securities. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15(C) 3-1: See Uniform Net Capital Rule. Page 121 Statement of Investment Policy Page 18 SUPRANATIONALS: Development banks that share the same goal of providing an improved standard of living in their member countries, but each having different mandates. There are three banks (supranationals) in which California local agencies can invest in their debt obligations; the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC) and Inter-American Development Bank (IADB). TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BONDS: Long-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of over 10 years. TREASURY NOTES: Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from one to 10 years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15-1; also, called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities. Liquid capital includes cash and assets easily converted to cash without penalty. YIELD: The rate of annual income return on an investment, expressed as a percentage. YIELD TO MATURITY: The current income yield on an investment, minus any premium above par, or plus any discount from par in the purchase price with the adjustment spread over the period from date of purchase to maturity of the bond. Page 122 BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION 1. Firm Name:________________________________________________________________ 2. Address:__________________________________________________________________ 3. Phone Number:____________________________________________________________ 4. Website Address:___________________________________________________________ 5. Primary Broker Representative: Name:______________________________________ Years in Institutional Sales:_______ Title:_______________________________________ Years with Firm: _______ Phone Number:______________________________ Email Address:_______________________________ 6. Please provide the name and title of the immediate supervisor and/or other brokers that will be interfacing with the City/District in the primary broker’s absence: Name:_____________________________________ Years in Institutional Sales:_______ Title:______________________________________ Years with Firm: _______ Phone Number:______________________________ Email Address:_______________________________ Name:_____________________________________ Years in Institutional Sales:_______ Title:______________________________________ Years with Firm: _______ Phone Number:______________________________ Email Address:_______________________________ 7. Has the broker/dealer listed in No. 5 been authorized by the firm to be a broker for the City/District of Rancho Cucamonga? Yes _______ No _______ 8. Please provide the following information regarding three comparable public agency clients with whom the broker has an established relationship that we may contact for a reference. The City/District prefers public sector clients in the City’s geographical area, if possible. Public Agency Name Contact Name/Title Phone Number Email Address Length of Relationship Exhibit A Page 123 Public Agency Name Contact Name/Title Phone Number Email Address Length of Relationship Public Agency Name Contact Name/Title Phone Number Email Address Length of Relationship 9. Place an “X” by each of the instruments below in which you make an active market (both buy and sell): [ ] U.S. Treasuries [ ] Bankers’ Acceptances [ ] Federal Agencies [ ] Commercial Paper [ ] Mutual Funds [ ] Certificates of Deposit [ ] Corporate Notes [ ] Municipals [ ] Medium Term Notes [ ] Supranationals [ ] Repurchase Agreements 10. Does your firm specialize in any of the instruments listed above? If so, please specify which ones. ______________________________________________________________________________ ______________________________________________________________________________ 11. Please briefly describe any ancillary services that your firm would provide to the City/District as an authorized broker/dealer? ______________________________________________________________________________ ______________________________________________________________________________ 12. To the best of your knowledge, within the last five years, has your firm ever been subject to a regulatory, state, or federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees been investigated? If so, please briefly describe each such matter below or, if necessary, provide as an attached addendum: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 13. Please provide the following with this Broker/Dealer Questionnaire and Certification: • Firm’s most recent Audited Financial Statement • FINRA Report for primary broker/dealer and alternate • California Registration Page 124 CERTIFICATION I hereby certify that I have personally read the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District’s Investment Policies and the California Government Codes pertaining to the authorized and suitable investments of the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District; that I will only offer such authorized and suitable investments for sale to the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District; that the above information is true and correct to the best of my knowledge; and that I am authorized to execute this request for information on behalf of ______________________________(name of firm). Signed ___________________________________________________ Print Name ___________________________________________________ Title ___________________________________________________ Date ___________________________________________________ This certification must be countersigned by the Company president or person in charge of government securities operations. Signed ___________________________________________________ Print Name ___________________________________________________ Title ___________________________________________________ Date ___________________________________________________ Page 125 Statement of Investment Policy Page 1 Exhibit B SUMMARY OF AUTHORIZED AND SUITABLE INVESTMENTS INVESTMENT TYPE MAXIMUM SPECIFIED % OF PORTFOLIO MAXIMUM MATURITY MINIMUM QUALITY REQUIREMENTS United States Treasury Securities None 5 years None United States Federal Agencies None 5 years None Municipals Notes or Bonds 30% 5 years ST – Rating of either “MIG 1” by Moody’s or “SP-1” by S & P LT – Rating of either “A1” by Moody’s or “A”+ by S & P Certificates of Deposit (Time Deposits) None 5 years Must be collateralized in accordance with California Government Code Negotiable Certificates of Deposit 30% 5 years Issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank Bankers’ Acceptances 40% 180 days No more than 30% of the City’s money may be invested in the bankers’ acceptances of any one commercial bank Commercial Paper 25% 270 days Must be of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by Moody’s or S & P of at least “A” or “A1/P1” is required. Limited to no more than 10% of the outstanding commercial paper of any single issuer. No more than 5% issued by any one corporation. (See Section 8 of Investment Policy) State of California Local Agency Investment Fund (LAIF) None Maximum investment: $65 million None (Daily Liquidity) See Section 8 of Investment Policy Page 126 Statement of Investment Policy Page 2 INVESTMENT TYPE MAXIMUM SPECIFIED % OF PORTFOLIO MAXIMUM MATURITY MINIMUM QUALITY REQUIREMENTS Joint Powers Authority (JPA) Investment Pool (Short-Term) 10% 5 years None Deposit of Funds None None Required to be collateralized as specified under Government Code Sec. 53630 et. Seq. Repurchase Agreements (Repos) 20% 1 year The market value of securities that underlies a repurchase agreement shall be valued at 102% or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly Medium-Term Notes 30% 5 years Rating of “AA” or better by Moody’s or S & P. No more than 5% issued by any one corporation. (See Section 8 of Investment Policy) Supranational Securities 30% 5 years Rating of “AA” or better by a NRSRO Investment Agreements 5% None See Section 8 of Investment Policy ST - Short-Term LT - Long-Term NRSRO - Nationally Recognized Statistical Rating Organization Page 127 D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:J ason C . Welday, D irector of E ngineering Services/C ity Engineer Romeo M. D avid, Associate Engineer S UB J E C T:C O NS ID E RAT I O N T O AC C E P T AS C O M P L E T E , F IL E T HE NO T IC E O F C O M P L E T I O N, AND AUT HO RIZE RE L E AS E O F RE T E NT I O N AND B O ND S F O R T HE F IS C AL Y E AR 2017/18 AD A AC C E S S RAM P IM P RO V E M E NT S AT VARI O US L O C AT IO NS P RO J E C T. RE COMMENDAT ION: Staf f recommends that the City Council: 1. Accept the F iscal Year 2017/18 A D A Access Ramp I mprovements at Various L ocations P roject, C ontract No. 18-049 (Project), as complete; 2. Approve the f inal contract amount of $934,620; 3. Authorize the release of the F aithful Performance Bond 35 days af ter recordation of Notice of C ompletion and accept a Maintenance Guarantee Bond; 4. Authorize the release of the L abor and Materials B ond in the amount of $968,678, six months af ter the recordation of said notice if no claims have been received; 5. Authorize the City E ngineer to f ile a Notice of Completion and release of the project retention, 35 days af ter recordation of Notice of C ompletion; and 6. Authorize the City Engineer to approve the release of the Maintenance B ond one year f ollowing the filing of the Notice of C ompletion if the improvements remain f ree f rom defects in material and workmanship. BACKGROUND: State regulations related to implementation of the F ederal A mericans with D isabilities A ct (A D A ) require that the City evaluate and update curb access ramps along streets that are planned to be resurf aced or reconstructed to meet current A D A requirements. Each year as part of the City's Capital I mprovement Program, f unding is set aside to design and construct the required curb ramp updates prior to the planned street resurf acing or reconstruction. T his year's P roject scope of work consisted of , but was not limited to, constructing concrete access ramps, sidewalks, retaining curbs, curb & gutter, truncated domes, spandrels, rock scape, miscellaneous electrical, restoring landscaping, relocating signs, and other related items of work. Page 128 Bids for the P roject were received and opened on May 1, 2018 and a contract was awarded to Vido Samarzich, I nc. on May 16, 2018 in the amount of $968,678. ANALY S IS: T he P roject has been completed in accordance with the approved plans and specif ications and to the satisf action of the City E ngineer. T he net decrease in the total cost of the project is a result of five (5) C ontract C hange Orders, including the f inal balancing statement which are summarized below: C hange O rder No. 01: Relocation of an existing 2" irrigation mainline directly below the signal f oundation and sidewalk. T he contractor was directed to re-route it outside of the proposed access ramp which required additional work to restore existing landscaping. T he change in contract cost due to this change order is an increase of $1,001.74. C hange Order No. 02: R eplacement of existing pull boxes along Haven Avenue and F oothill B oulevard that were affected during construction. Numerous pull boxes were damaged and in bad condition and could not be protected in place while modif ying the access ramps. The contractor was asked to replace the pull boxes which required additional time and material. T he change in contract cost due to this change order is an increase of $11,850.00. C hange Order No. 03: A uthorization of S aturday work. Due to unanticipated scheduling impacts, the contractor could not complete the work on time bef ore the start of the school session. To prevent students from walking through the construction zone, the contractor was given authorization to work on Saturday to remove and replace the handicap ramps outside of school hours. T he change in contract cost due to this change order is an increase of $5,178.95. C hange Order No. 04: Removal of the existing access ramp at B ase L ine R oad and L ion S treet. Under a separate study, the existing crosswalk at this location was evaluated and recommended for removal, theref ore, as a result of its removal, the existing access ramp needed to be removed. Staf f directed the contractor to remove and reconstruct the area with new sidewalk, curb and gutter and partial asphalt concrete. T he change in contract cost due to this change order is an increase of $5,800.00. C hange Order No. 05: T he balancing statement for the Project. T he balancing statement conforms the final contract quantities to the actual quantities placed or constructed during the contract. The notable change that resulted in a contract decrease is the f inal quantity of concrete access ramps and asphalt concrete pavement. T he change in contract cost due to this change order is a deduct of ($57,889). T he sum of all five change orders resulted in a net decrease in the amount of ($34,058). Staf f has reviewed these change orders f or completeness and accuracy as to the materials, equipment and labor performed. R elated to this Project, but administered separately, was a purchase order that was issued by the C ity to Siemens I ndustry, I nc. for emergency repairs related to the damaged traf f ic signal equipment at Haven Avenue and Church S treet. D uring construction operations, the contractor accidentally damaged the existing conduit directly beneath one of the traffic signal poles while reconstructing the access ramp. Traffic signal wires were pinched which caused a fire in the interior of the traf f ic signal controller cabinet. Almost all of the equipment inside the traffic signal controller cabinet was destroyed. S taff coordinated with the contractor's insurance company and after an extensive evaluation by the insurance claims adjuster, the claim was approved and the insurance company agreed to compensate the city f or the damages incurred. T his includes recovering costs for the emergency work repairs, cost to replace the existing traf f ic signal Page 129 controller cabinet and all associated signal equipment that was damaged. The final amount reimbursed to the city was $102,947. S ince the City has been compensated for the damages and emergency repairs, no further adjustments to the final contract amount have been made. At the end of the one-year maintenance period, if the improvements remain free f rom def ects in materials and workmanship, the City Clerk will release the Maintenance Bond upon approval by the City E ngineer. FISCAL IMPACT: A total of $1,100,106 has been budgeted in F iscal Year 2017/18 from the Measure I (F und 177), Gas Tax R &T 7360 (F und 174), and Citywide I nf rastructure I mprovement (F und 198) F unds, all of which are identif ied under Capital I mprovement P roject Account No’s. and in the amount listed below. Account No.Funding Source Description Amount 11703035650/1150177- 0 Measure I (F und 177)F Y 2017/18 A D A Ramps $100,000 11983035650/1022198- 0 I nf rastructure (F und 198)Citywide L ocal Streets $341,238 11773035650/1932177- 0 Measure I (F und 177)F oothill & Haven Rehab $202,868 11743035650/1022174- 0 Gas Tax (F und 174)Citywide L ocal Streets $400,000 11773035650/1934177- 0 Measure I (F und 177)Hermosa & A rrow R ehab $56,000 Total P roject F unding $1,100,106 T he f inal project cost is $969,105 as shown below: Expenditure Amount F inal Construction Contract $934,620 Construction I nspection $34,485 Total P roject Cost $969,105 A total of $131,001 is remaining in the budget f or this project and will be returned to F und B alance f or the respective f unding sources to be used for future capital improvements projects. COUNCIL GOAL(S) ADDRE S S E D: T his P roject Enhances P remier C ommunity Status and P ublic S af ety by improving access for residents and visitors to the C ity. AT TAC HM E NT S : D escription Attachment 1 -Vicinity Map Page 130 66 US CALIFORNIA10 INTERSTATE C A L I FORNIA 210 VICINITY MAP FY 2017-2018 ADA ACCESS RAMP IMPROVEMENTS AT VARIOUS LOCATION ATTACHMENT 1 CITY OF RANCHO CUCAMONGA Page 131 D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:J ason C . Welday, D irector of E ngineering Services/C ity Engineer Gianf ranco L aurie, Senior Civil Engineer S UB J E C T:C O NS ID E RAT I O N T O AC C E P T AS C O M P L E T E , F IL E T HE NO T IC E O F C O M P L E T I O N, AND AUT HO RIZE RE L E AS E O F RE T E NT I O N AND B O ND S F O R T HE F IS C AL Y E AR 2016/17 I NS TAL L AT I O N O F F O UR (4) T RAF F IC S I G NAL S AT VARI O US L O C AT IO NS P RO J E C T. RE COMMENDAT ION: Staf f recommends that the City Council: 1. Accept the F iscal Year 2016/17 I nstallation of F our (4) Traf f ic S ignals at Various L ocations P roject, C ontract No. 17-190 (Project), as complete; 2. Approve the f inal contract amount of $2,453,162; 3. Authorize the release of the F aithful Performance Bond 35 days af ter recordation of Notice of C ompletion and accept a Maintenance Guarantee Bond; 4. Authorize the release of the L abor and Materials B ond in the amount of $2,327,205, six months af ter the recordation of said notice if no claims have been received; 5. Authorize the City E ngineer to f ile a Notice of Completion and release of the project retention, 35 days af ter recordation of Notice of C ompletion; and 6. Authorize the City Engineer to approve the release of the Maintenance G uarantee Bond one year following the filing of the Notice of Completion if the improvements remain f ree from defects in material and workmanship. BACKGROUND: T he Project consists of constructing new traf f ic signals and saf ety lighting at four locations; 1) Miller Avenue and E ast Avenue, 2) Sixth S treet and Rochester Avenue, 3) Milliken Avenue and F ifth Street, and 4) R ochester Avenue and J ersey B oulevard. T he P roject scope of work includes the installation of traf f ic signal improvements including: video detection cameras, conduit, conductors, interconnect conduits with fiber cables, pull boxes, modifying existing medians, construction of curb ramps, and installation of signing and striping. Bids were received and opened on J une 13, 2017 and the P roject was subsequently awarded to Alfaro C ommunication Construction, I ncorporated (A C C I ) on J une 21, 2017 in the amount of $2,327,205. Page 132 ANALY S IS: C onstruction began September 2017 and continued through October 2018. During the course of the Project and following construction operations numerous change order requests were submitted by A C C I . Approximately 32 individual change order requests totaling $298,796 (or 12.84% of the contract award) were submitted. S taff reviewed, concurred, and approved or partially approved 23 individual change orders requests that summed to a total of $125,957 (or 5% of the contract award). F ollowing a thorough evaluation, a total of $172,839 in change order requests have been denied by staf f . Approved change order requests primarily consisted of additional utility pothole locations, trenching and shoring, modif ying foundations, conduits, f iber optic cables, credit f or cabinet keys, and balancing final contract bid quantities. C opies of the approved change order requests are on f ile with the City E ngineer. W hile staf f attempted to resolve and reach a full and final settlement of the change order requests with the contractor, A C C I was in disagreement on several of the denied or partially approved requests. One in particular represents the largest of the change order requests. This request is related to the number and cost for additional utility potholes (small excavations to identify and locate existing underground utilities). A C C I ’s initial change order request f or this item included additional utility potholing at a stated cost of $196,200 (109 potholes at $1,800 each). S taff reviewed the change order and determined that only 28 utility potholes were eligible f or (109 potholes at $1,800 each). S taff reviewed the change order and determined that only 28 utility potholes were eligible for compensation at $1,300 each, totaling $36,400 for the request. Staff’s determination of the number and cost of additional utility potholes was based on a review of the of the contract, public contract code, and a thorough analysis of the labor, material, and equipment used to perf orm the extra work. I n attempting to resolve this matter, staff presented the analysis to A C C I and met in person and by phone to discuss staff’s findings. Unfortunately, the contractor did not agree with the analysis and after numerous attempts at resolution, staff issued a unilateral change order for the amount determined to be due to the contractor. A s provided in State law and the contract, A C C I may follow the claims process to file a claim f or expenses incurred on the project they believe remain outstanding. T his item was originally scheduled for the J anuary 16, 2019 City Council Meeting. P rior to the meeting, A C C I submitted additional inf ormation related to two of the denied changes orders. B ased on this new information, the item was removed from the agenda by the C ity Council at the request of staff to allow for further evaluation. Staf f has reviewed and the inf ormation provided by A C C I and agreed to an increase on one change order request of $1,001. T his amount is reflected in the final amount of the approved change orders provided. F urther, on F ebruary 5, 2019, staff was contacted by Mr. Hugo A lf aro, P resident of A C C I . Mr. A lf aro indicated that he did not intend to file a claim for the denied change order requests. At this time, the P roject has been completed in accordance with the approved plans and specif ications and to the satisfaction of the City E ngineer. A t the end of the one-year maintenance period, if the improvements remain f ree f rom defects in materials and workmanship, the C ity Clerk will authorize the release of the Maintenance Guarantee B ond upon approval of the City E ngineer. FISCAL IMPACT: Sufficient f unds have been budgeted from the Transportation F und (F und 124) for this project, all of which are identif ied under Capital I mprovement P roject Account No's and in the amounts listed below. Account No F unding Source D escription Amount 11243035650/1888124-0 Transportation F und (124)Miller@ E ast $638,944 11243035650/1939124-0 Transportation F und (124)6th @ Rochester $980,244 Page 133 11243035650/1940124-0 Transportation F und (124)Milliken @ 5th $655,793 11243035650/1941124-0 Transportation F und (124)R ochester @ J ersey $507,479 Total P roject F unding:$2,782,460 T he f inal project cost is $2,568,396 as shown in the table below. E xpenditure C ategory Amount F inal Construction Contract $2,453,162 Construction I nspection $115,234 Total Project C ost:$2,568,396 A total of $214,064 is remaining in the budget f or this project and will be returned to the Transportation F und (Fund 124) f und balance to be used for f uture capital improvement projects. Furthermore, the C ity entered into a reimbursement agreement with the City of F ontana f or 50% of the project costs for the traf f ic signal located at Miller Avenue and E ast Avenue. I t is recommended that this reimbursement also be returned to the Transportation F und (F und 124) f und balance upon receipt. COUNCIL GOAL(S) ADDRE S S E D: T his project addresses the C ity Council Goal of P ublic S af ety by enhancing equipment to signalize intersections f or locations that have experienced community growth as well as enhancing premier community status by increasing the active investment in improving traf f ic management operations throughout the City. Page 134 D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:J ason C . Welday, D irector of E ngineering Services/C ity Engineer F red Lyn, Utilities Division Manager S UB J E C T:C O NS I D E RAT I O N O F A RI G HT O F E NT RY AND L I C E NS E AG RE E M E NT B E T WE E N T HE C IT Y AND RANC HO M AL L L L C F O R T HE I NS TAL L AT I O N O F RC M U F IB E R O P T IC E Q UI P M E NT AT T HE V IC T O RIA G ARD E NS S HO P P I NG C E NT E R. RE COMMENDAT ION: Staff recommends that the City Council approve the attached Right of Entry and License (RO E) Agreement between the City of Rancho Cucamonga and Rancho Mall L L C. for the purpose of installing RCMU fiber optic equipment in order to provide retail broadband service to the Victoria Gardens Shopping Center and authorize the City Manager or his designee to execute this agreement and all future R OE Agreements with Rancho Mall L L C. BACKGROUND: As part of the Fiber Optic Master Plan implementation, on March 21, 2018, the City Council approved a standard RCMU Fiber property access agreement which is required to be signed by each prospective building owner seeking Inyo Network's broadband internet services to allow City staff and Inyo Network's staff access to enter into the building’s property in order to construct, install, test, maintain, repair, service, upgrade, modify, remove, and replace on the premises communications equipment necessary or convenient to providing the contracted telecommunication services to occupants. ANALY S IS: I n negotiations with R ancho Mall L L C regarding the City approved R C MU F iber property access agreement f or the Victoria Gardens S hopping Center, Rancho Mall management was not able to accept the terms and conditions of the existing C ity standard agreement, but of f ered an existing R O E agreement that they have used with other telecommunication companies. T he proposed R O E establishes similar terms and conditions for access to buildings at Victoria Gardens as are included in the City's standard agreement . One dif f erence in the terms involves an administrative fee. Both parties have agreed that a 25% share per subscribed passing f ee per month f or every Victoria Gardens subscriber receiving and purchasing fiber internet service will be provided to Rancho Mall L L C. to cover their administrative costs associated with this R O E Agreement. C ity staf f believes that the success of the City's R C MU F iber P roject depends not only on the R C MU/I nyo Networks partnership in marketing and advertising efforts, but also Victoria Page 135 Garden's partnership and support. T he proposed R O E Agreement has been reviewed and concurred by the City Attorney's of f ice. FISCAL IMPACT: T he f iscal impact will be dependent on the number of f iber internet subscribers taking service at Victoria Gardens. T he Right of E ntry (R O E ) agreement would pay Rancho Mall L L C. a 25% administrative f ee per subscribed passing fee per month f or every Victoria Gardens subscriber receiving and purchasing f iber internet service from R C MU’s private partner, I nyo Networks, over the R C MU fiber network. Staf f and the C ity's F iber Optic Master P lan consultant have reviewed the financial effect of this administrative fee and believe that the ability to contract new customers at Victoria Gardens will result in a net f inancial benefit to the project. COUNCIL GOAL(S) ADDRE S S E D: T he proposed R O E agreement is necessary in order to serve Victoria Gardens with F iber Optics internet service and will enhance the City’s position as the premier community in our region by being able to provide world class gigabit broadband service to parts of R ancho Cucamonga. AT TAC HM E NT S : D escription V G R O E Agreement Page 136 1 RIGHT OF ENTRY AND LICENSE AGREEMENT This Right of Entry and License Agreement (the “Agreement”) is made as of this _______ day of _________, 2019 (the “Effective Date”) by and between RANCHO MALL, LLC, a Delaware limited liability company with offices at 600 Superior Avenue East, Suite 1500, Cleveland, Ohio 44114 (the “Licensor”), and CITY OF RANCHO CUCAMONGA, a California municipal corporation with its City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730 (the “Licensee”) WHEREAS, Licensor is the owner of certain real property located at (Tenant Address here) Rancho Cucamonga, California 91739 (the “Premise”). WHEREAS, Licensor is the landlord under a Lease between Licensor and (Tenant name here), a California corporation (the “Tenant”), dated (date here). WHEREAS, Licensee seeks to provide communication services for Tenant and to the Premises for the benefit of Tenant through installation and operation of fiber optic cables and related equipment to be installed through portions of the Premises in the approximate locations depicted on the attached Exhibit A (the “License Area”). 1. Right of Entry and License. Licensor hereby grants to Licensee a Right of Entry (the “ROE”) and License to construct, install, own, operate, maintain, repair, disconnect, replace and remove fiber optic cable and related equipment (collectively the “Facilities”) in, to, thorough, under, on and over the License Area. (a) The ROE and License granted herein is not exclusive, Licensor hereby reserving the right to grant, renew or extend similar ROE and License rights to others. (b) Nothing contained herein shall be construed as granting to the Licensee any property or ownership rights in the Building, or to create a partnership or joint venture between Licensor and Licensee. (c) Licensee shall pay Licensor an Access/Administrative Fee in the amount of 25% of the Tenant’s internet service retail package to cover Licensor’s administrative costs associated with this Agreement. 2. Use. Subject to any regulatory requirements or limitations, the Lease and all matters of record, Licensee shall use the Facilities to make available and/or provide communications services (“Communications Services”) for the Tenant and the Premises. 3. Construction. Licensee shall, at its sole cost and expense, install and maintain such Facilities (the “Work”) in accordance with the following: (a) perform all such Work in a safe and workmanlike manner; (b) perform all such Work in such a way as to minimize interference with the operation of the Building; (c) comply with all applicable federal, state and local codes, regulations, ordinances and laws, governmental directives and all matters of record regarding the installation, operation and maintenance of the Facilities. Page 137 2 4. Licensee’s Covenants. Licensee hereby covenants and agrees: (a) to keep the Facilities in good order, repair and condition throughout the term of the Agreement and to promptly and adequately repair any damage to the License Area caused by Licensee or the Facilities by restoring the damaged area(s) to substantially original condition; (b) to comply with all federal, state and municipal laws, orders, directives, rules and regulations and all matters of record applicable to the Facilities and/or the License Area; and (c) not to unreasonably disrupt, affect or interfere with other providers of services in the Premises or with any other tenant’s use and enjoyment of the Premises or the common areas of the Premises. 5. Ownership of Facilities. All parts of the Facilities located in and on the License Area, regardless of installation location, overhead, above or underground, shall remain the personal property of Licensee, and shall not be considered a fixture to the real estate or fixture of the building located thereon. 6. Term. This Agreement shall commence upon the Effective Date and shall terminate upon the expiration or termination of the Lease, or earlier if: (i)Tenant or Licensee terminates the Communication Services, (ii) if there is an uncured and continued default hereunder; or (iii) Licensor provides Licensee with thirty (30) days prior written notice that it is terminating this Agreement. At the termination of this Agreement, Licensee, without cost or expense to Licensor, shall promptly remove the Facilities and shall restore the Premises to the extent altered or disturbed by the installation, construction, use, operation, maintenance, repair, or replacement thereof, to the condition that existed prior to this Agreement, wear and tear and/or loss by casualty, fire and eminent domain excluded. 7. Insurance. Licensee shall procure and maintain all of the types and coverages of insurance specified below, with insurance companies authorized to do business in the State of California, covering all Licensee’s obligations arising through this Agreement, contractors performing work for Licensee (the “Contractors”) must maintain insurance with reasonable limits and Licensee shall remain liable for any work performed by such contractors: (a) Workers’ Compensation and Employer’s Liability. Workers’ Compensation Insurance, as prescribed by applicable law, covering all employees who are to provide work under this Agreement and Employer’s Liability coverage with limits of not less than Two Million Dollars ($2,000,000.00) each accident, illness or disease. (b) Commercial General Liability. Commercial General Liability Insurance, or equivalent, with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, personal injury, and property damage liability. All premises and operations, products/completed operations, independent contractors, explosion, collapse, underground, separation of insureds, defense and contractual liability coverages are to be included. Licensor is to be named as an additional insured on a primary non-contributory basis for any Page 138 3 liability related directly or indirectly to this Agreement. Contractors performing work for Licensee must maintain insurance with reasonable limits. (c) Automobile Liability. When any motor vehicles (owned, non-owned and hired) are used in connection with Work to be performed, Licensee must provide or cause to be provided, Automobile Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury and property damage. Licensor is to be named as an additional insured on a primary, non-contributory basis. Contractors performing work for Licensee must maintain insurance with reasonable limits. (d) Additional Requirements. At least fifteen (15) days prior to the commencement of any construction in or use of the License Area, Licensee must provide and cause its Contractor to provide certificates of insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of this Agreement. The receipt of any certificate does not constitute agreement by Licensor that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all Agreement requirements. The failure of Licensor to obtain certificates or other insurance evidence from Licensee and Contractor is not a waiver by Licensor of any requirements for Licensee to obtain and maintain the specified coverages. Licensee and Contractor must advise all insurers of the Agreement provisions regarding insurance. Non- conforming insurance does not relieve Licensee and Contractor of the obligation to provide insurance as specified herein. Non-fulfillment of the insurance conditions may constitute an event of default of this Agreement, and Licensor retains the right to stop work until proper evidence of insurance is provided. The insurance must provide for thirty (30) days prior written notice to be given to Licensor in the event coverage is substantially changed or canceled. Any deductibles or self-insured retentions on referenced insurance coverages must be borne by Licensee and Contractor. Licensee hereby waives and agrees to require its insurers to waive and will cause its Contractor to agree that insurers waive their rights of subrogation against Licensor, its employees, agents, or representatives. The coverages and limits furnished by Licensee and Contractor in no way limit Licensee’s and Contractor’s liabilities and responsibilities specified within the Agreement or by law. Any insurance or self-insurance programs maintained by Licensor do not contribute with insurance provided by Licensee and Contractor under the Agreement. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Agreement or any limitation placed on the indemnity in this Agreement given as a matter of law. Any insurance coverage required hereby can be carried as part of blanket coverage or self- insurance. 8. Access. Licensee shall coordinate access to the Premises, License Area, and Facilities with Tenant so that Licensee may perform installation, maintenance and emergency repair functions. Page 139 4 9. Indemnification. To the extent not caused by Licensor’s negligence or willful misconduct, Licensee shall indemnify, defend and hold Licensor harmless from and against any and all loss, cost, damage and expense arising from the operation of the Licensee’s Facilities or from Licensee’s breach of this Agreement, including without limitation, reasonable attorneys’ fees. 10. Successor and Assigns. The benefits and obligations of this Agreement shall inure to the benefit of, and be binding upon, the successor, assignees, heirs and personal representatives of Licensor and Licensee. Either party hereto shall have the right to assign this Agreement upon first obtaining the written consent of the non-assigning party, which will not be unreasonably withheld, conditioned or delayed. The assigning party shall provide to the non-assigning party, prior written notice setting forth the name and address of the assignee under any such assignment. Notwithstanding anything to the contrary contained herein, either party may assign this Agreement without consent to: (a) a subsidiary, affiliate or parent company; (b) any firm, corporation, or entity which Licensee controls, is controlled by, or is under common control with; or (c) any partnership in which it has a majority interest; or (d) to any entity which succeeds to all or substantially all of its assets whether by merger, sale or otherwise. 11. LIMITATION OF LIABILITY. LICENSEE MAKES NO REPRESENTATIONS OR WARRANTIES--EXPRESS OR IMPLIED-- REGARDING THE EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL LICENSEE OR LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. 12. Default. In the event of a default hereunder by either party and the failure by such defaulting party to cure such default within sixty (60) days after receipt of the other party’s notice thereof, unless such default is of a nature that it cannot be cured within sixty (60) days and the defaulting party is not, in good faith, and with due diligence in the process of curing such default, the non- defaulting party shall have all remedies under law or at equity. If the event of default poses an emergency (as defined below) the defaulting party will cure the default immediately; provided however, if the default cannot be cured immediately, but the defaulting party has taken steps to abate the emergency, such default may then be treated in accordance with the preceding sentence. For purposes of this Section 12, an “emergency” is a situation that poses an immediate threat of personal injury, death, serious property damage, or serious damage to the Facilities. 13. Notice. Every notice required or permitted hereunder shall be in writing and shall be deemed to have been duly given when delivered by hand or when mailed by certified or registered mail, return receipt requested or when sent by a nationally recognized overnight courier service such as FedEx to the party’s address set forth in the introductory paragraph of this Agreement Upon at least ten (10) days’ prior written notice, either Licensor or Licensee shall have the right to change its address to any other address within the United States of America. Page 140 5 14. Property Ownership. The undersigned Licensor or authorized agent(s) of the Licensor, hereby represents that it is the owner of the Premises, or the authorized agent(s) of the owner, with full authority to bind the owner to the terms and conditions of this Agreement. 15. Governing Law. This Agreement shall be governed by the laws of the State of California as to interpretation, construction and performance. 16. Entire Agreement. This Agreement supersedes all other ROE and License Agreements between the parties, either oral or in writing. 17. Counterparts. This Agreement may be executed in counterparts and each counterpart constitutes an original document. 18. Amendments. This Agreement may be amended, changed or modified only by written amendment executed by the parties hereto. No waiver of any provision of this Agreement shall be valid unless in writing signed by the party charged. Witness the execution hereof as an instrument under seal as of the date first above written. LICENSOR: RANCHO MALL, LLC, a Delaware limited liability company By: QIC Properties US, Inc., a Delaware Corporation, its authorized agent. By: Christine Pham, its Vice President – General Manager Dated: _ LICENSEE: City of Rancho Cucamonga By: John Gillison Its: City Manager Dated: ____ Page 141 6 EXHIBIT A Rancho Cucamonga Municipal Utility Fiber License Area Page 142 D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:J ason C . Welday, D irector of E ngineering Services/C ity Engineer Natalie Ávila, Associate Engineer S UB J E C T:C O NS ID E RAT I O N O F A C O NT RAC T C HANG E O RD E R T O K I M L E Y-HO RN AND AS S O C IAT E S, INC . IN T HE AM O UNT O F $15,000 AND AN AD D IT IO NAL AP P RO P RIAT IO N I N T HE AM O UNT O F $75,000 F RO M T HE T RANS P O RTAT IO N F UND (F UND 124) F O R T HE F IS C AL Y E AR 2018/19 INS TAL L AT IO N O F T WO T RAF F I C S IG NAL S AND T HRE E F L AS HI NG Y E L L O W ARRO W S IG NAL M O D IF I C AT IO NS P RO J E C T (C O18- 126). RE COMMENDAT ION: Staf f recommends that the City Council: 1. Authorize a change order to the agreement with K imley-Horn and Associates, I nc., in the amount of $15,000 for additional traffic signal design consultation services to include two (2) flashing yellow arrow signal modifications on A rrow R oute as part of the Fiscal Year 2018/19 I nstallation of Two Traffic S ignals and Three Flashing Yellow A rrow Signal Modifications Project (C O18- 126); and 2. Authorize an additional appropriation in the amount of $75,000 f rom the Transportation F und (F und 124) F und B alance to cover additional design services and an increase to the anticipated construction costs. BACKGROUND: On October 17, 2018, the City Council awarded a P rof essional Services A greement to K imley-Horn and Associates, I nc., (Kimley-Horn) of L os A ngeles, C alif ornia (C O18-126), for traffic signal design services related to the F iscal Year 2018/19 I nstallation of Two Traf f ic S ignals and T hree F lashing Yellow A rrow Signal Modifications Project (Project). T he P roject consists of installing two new traf f ic signals at the intersections of E ast Avenue at Highland Avenue and Hellman Avenue at 6th Street. T he P roject also includes three new f lashing yellow arrow signal modifications along Milliken Avenue at the intersections of Vintage Drive, Church S treet and Millennium Court. T he proposed scope of work includes incorporating flashing yellow arrow for left-turn phasing, video detection system and fiberoptic interconnect network design as needed to bring connectivity back to the City’s Traf f ic Management Center. ANALY S IS: Kimley-Horn is in the process of preparing preliminary plans f or the above mentioned locations. S taf f has Page 143 identif ied two additional locations that are recommended f or the installation of f lashing yellow arrow signal modifications along A rrow R oute at the intersections of R ed Oak Street and W hite Oak Avenue. Arrow Route is a major arterial extending from westerly to easterly city limits. I t is generally striped with four travel lanes, one center turn lane and dedicated bike lanes. T he roadway is posted at 50 MP H and on- street parking is prohibited. A rrow Route provides access to various land uses including some key destinations such as K aiser Permanente, United S tates P ostal Service, and the S an B ernardino County Assistance. Staf f has evaluated the two intersections located on Arrow R oute at Red Oak S treet and Arrow R oute at W hite Oak Avenue and recommends implementation of the f lashing yellow arrow traffic signal operation. F lashing yellow arrow (F YA) is a protected/permissive signal phase that benef its lef t-turn movements. F YA f unctions in two ways: 1) "protected" is the green arrow signal indication that allows motorists to complete a protected left-turn movement while the opposing traffic is stopped, and 2) "permissive" is the flashing yellow arrow signal indication that permits motorists to make a lef t-turn movement when there is an available gap in the opposing traffic. G iven the benefits of the F YA operation in increased driver awareness of the permissive operation and added operational flexibility, the C ity has begun implementing this operation at all new traffic signals, where appropriate, and upgrading existing locations incrementally. Given that K imley-Horn is preparing plans to install F YA traffic signal operations along Milliken Avenue, staf f recommends that the City add the two additional locations on A rrow Route to their design contract by approving a change order in the amount of $15,000. Additionally, staff estimates a construction cost of $60,000 to replace the existing signal equipment in order to implement the F YA's traffic signal operation for a total increase to the project of $75,000. I f the change order is approved, Kimley-Horn will include the plans, specifications, and estimate (P S&E ) package f or the two additional locations on Arrow Route with the project they are currently designing. FISCAL IMPACT: T he existing contract with Kimley-Horn for the design of the two new traf f ic signals and three F YA upgrades along Milliken Avenue is $96,000. T his item would approve a contract change order in the amount of $15,000 for the design of the two additional F YA upgrades on A rrow R oute. C onstruction for the additional proposed upgrades is estimated to cost $60,000. T heref ore, an additional appropriation in the amount of $75,000 f rom the Transportation F und Balance into the f ollowing project account is needed in order to cover the supplemental design services and anticipated construction costs. S uf f icient fund balance exist to cover the f ollowing additional cost: Account No.F unding Source D escription Amount 11243035650/1996124-0 Transportation F und (124)A rrow: Upgrade LT P hases $75,000 COUNCIL GOAL(S) ADDRE S S E D: T his item addresses City Council Goal of public safety by installing new signalized intersections at locations that have experienced community growth. T he item also addresses the City Council Goal of enhancing premier community status by increasing the active investment in improving traf f ic management operations throughout the City. Page 144 D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:W illiam W ittkopf , P ublic Works S ervices Director Dean R odia, P arks and L andscape S uperintendent P aul F isher, Management A nalyst I S UB J E C T:C O NS ID E RAT I O N T O AP P RO V E A M O NT H T O M O NT H E X T E NS I O N O F C O NT RAC T C O 08-162 WI T H UNI T E D PAC I F IC S E RV IC E S F O R C IT Y WID E T RE E M AI NT E NANC E S E RV I C E S IN AN AM O UNT NO T T O E X C E E D $692,000. RE COMMENDAT ION: Staf f recommends the City C ouncil approve Amendment No. 8 to contract C O 08-162 with United P acif ic Services; extending the term of the contract on a month to month basis; not to exceed a total of f ive months; in an amount not to exceed $692,000 during the extension period. BACKGROUND: On October 15, 2008, City Council accepted the bids received and awarded contract C O 08-162 for C itywide Tree Maintenance to United P acif ic Services. T his contract has an option to renew in one-year increments with no stated limit on the number of renewals. T he City Council approved Amendment No. 7 on J uly 18, 2018, extending the term of the contract on a month to month basis, not to exceed seven months, to allow time to re-bid these services. I f approved, Amendment No. 8 will further extend the term of the contract on a month to month basis, up to an additional f ive months through J une 30, 2019, with no changes to pricing or scope of work. ANALY S IS: United P acific Services has provided tree maintenance services to the City of Rancho C ucamonga f or ten years. T here have been NO rate increases during the term of this contract. Public Works Services determined it was time to update the contract specifications to include newer terminology, service requirements, and improved compliance language. United P acif ic S ervices has agreed to continue providing tree maintenance services at the current contract rates through J une 30, 2019 or until a new contractor is selected. Public Works S ervices completed the update to the tree maintenance specifications which were then forwarded to the P rocurement Department for a formal solicitation. R F P 18/19-007 f or Citywide Tree Maintenance Services was posted to the C ity’s automated bid system on August 23, 2018. F our vendors submitted bids by the September 26, 2018 deadline. During evaluation of the proposals, irregularities were discovered in the proposals from three of the f our vendors. T herefore, it was determined to be in the C ity’s best interest to cancel the solicitation and re-advertise f or these Page 145 services to ensure the City receives competitive bids. T he goal is to have the new solicitation completed and a contract awarded before the end of J une 2019. D uring the procurement period it is necessary to maintain services to the residents, especially during emergency events such as wind or rain storms. T heref ore, staff recommends Council approve a short- term renewal of C O 08-162; for a period not to exceed five months through J une 30, 2019; to provide the necessary services during the procurement period. FISCAL IMPACT: T he contract price is within the contract services budget line items in the approved budget f or F Y 2018/2019. COUNCIL GOAL(S) ADDRE S S E D: Public S afety - T his item addresses the C ity C ouncil goal of public safety by maintaining a healthy and sustainable urban forest through proper structural care and tree development throughout the communities and all types of public access areas. AT TAC HM E NT S : D escription Attachment 1 - A mendment No. 8 Page 146 AMENDMENT NO. 8 to Professional Services Agreement (CO #08-162) between United Pacific Services, Inc. (hereinafter Contractor) and City of Rancho Cucamonga (hereinafter “City”) This Amendment No. 8 will serve to amend the Professional Services Agreement (hereinafter “Agreement”), CO# 08-162 to incorporate the following: Item 1: The term of the agreement is hereby extended on a month by month basis, not to exceed a total of five months. Item 2: Contractor hereby agrees to extend current contract pricing through June 30, 2019. Item 3: Total compensation for work completed during this extension shall not exceed $580,000 All other Terms and Conditions of the original Agreement, contract no. CO 08-162, will remain in full effect. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment by way of signature by both parties and on the date indicated below. Please return two (2) original signed copies to the City no later than February 14, 2019. The City will process both copies for signature and provide Contractor with one (1) fully executed copy of the Amendment. United Pacific Services By: Name Date City of Rancho Cucamonga By: Name Date Title Title By: Name Date By: Name Date Title (two signatures required if corporation) Title Attachment 1 - Amendment No. 8 Page 147 2.20.19 City Council Meeting -Item G10 - Correspondence - RECEIVED DURING PUBLIC COMMUNICATIONS D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:J ana Cook, Community I mprovement Manager S UB J E C T:C O NS ID E RAT I O N O F A RI G HT-O F -WAY US E AG RE E M E NT B E T WE E N T HE C IT Y AND T HE B UI L D I NG I ND US T RY AS S O C IAT IO N O F S O UT HE RN C AL I F O RNIA, INC ., F O R C O M M UNI T Y D IRE C T I O NAL WAY F IND I NG S IG NS. RE COMMENDAT ION: Staf f recommends the City C ouncil approve the Right-of -Way Use Agreement with the B uilding I ndustry Association of Southern C alif ornia, I nc. (B I A), to provide Community D irectional Wayf inding Signs. BACKGROUND: T he C ouncil recently adopted Ordinance 930 regulating signs in the public right-of -way. T he ordinance included a provision for Community Directional Wayf inding signs intended to provide assistance to motorists navigating the City. ANALY S IS: Staf f has negotiated the attached Right-of -Way Use A greement with B I A to allow the display of their wayfinding signs to direct residents and drivers to new residential subdivisions which would not otherwise be f ound on printed maps or electronic navigation systems. T his agreement sets f orth the terms of use of the right-of-way by B I A and the management of its wayf inding sign program. T he agreement allows the existing signs which have been in place a number of years to remain; however, no additional signs will be permitted. FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRE S S E D: T his item addresses City Council Goal of P UB L I C S A F E T Y as this agreement will allow the continued enhancement of traffic f low by providing direction to motorists. AT TAC HM E NT S : D escription R ight-of-Way User Agreement - B I A Page 148 RIGHT-OF-WAY USE AGREEMENT This RIGHT-OF-WAY USE AGREEMENT (“Agreement”)dated as of ,2019, is made by and between the BUILDING INDUSTRY ASSOCIATION OF SOUTHERN CALIFORNIA,INC.,a California nonprofit corporation (“BIA”)and the CITY OF RANCHO CUCAMONGA,California,a municipal corporation (“City”). RECITALS A.In order to advance City’s long-standing interests in community aesthetics and traffic safety,on July 18,2018,City adopted Ordinance No.930 to consolidate,clari&,and update City’s sign regulations as applied to public property and the public rights-ofway (“Sign Ordinance”).The Sign Ordinance,among other things,amended Section 17.72.070 of the Rancho Cucamonga Municipal Code (“Municipal Code”)to establish a program of wayfinding signage that provides assistance to motorists and pedestrians and directions to destinations within City.Section 17.72.070 of the Municipal Code authorizes the City Council to establish program policies and administrative criteria for the operation of the program,selection of destinations to identi&through the program,and sign location and design criteria. B.BIA is a nonprofit corporation with a mission of increasing City’s home supply and promoting homeownership and home affordability.BIA currently operates a wayfmding sign program within City that involves the placement of semi-permanent signs in the public right-of-way that navigate motorists and pedestrians to new residential subdivisions (“Wayfmding Signs”).The purpose of BIA’s Wayfinding Signs is to direct prospective homebuyers toward new residential subdivisions in a manner that minimizes visual clutter, reduces unnecessary traffic through established neighborhoods,and provides an orderly, attractive,high-quality image of City.The Wayfinding Signs are consistent with the Sign Ordinance because they are part of the “Community Directional Wayfinding Sign”program under Section 17.72.070 of the Municipal Code. C.Pursuant to the California Subdivision Map Act,Government Code Section 66410 et seq.,City is responsible for regulating and controlling the design and improvement of residential subdivisions within City.In carrying out its functions,City approves the residential subdivisions that are displayed on BIA’s Wayfmding Signs.The City has economic and aesthetic interests in ensuring that residential subdivisions approved by and located within City are successful.BIA’s wayfmding program furthers those interests. D.By this Agreement,City and BIA desire to set forth the terms under which BIA will continue to operate and maintain Wayfinding Signs in the City’s public right-of-way. NOW,THEREFORE,in consideration of the foregoing recitals,and for other good and valuable consideration,the receipt and sufficiency of which are hereby mutually acknowledged,City and BIA agree as follows: AGREEMENT I 1231-0001\2181709v10.doc 9999.MWS 17689738.1 Page 149 1.Recitals.The above Recitals to this Agreement are declared by the parties to be true and correct in all material aspects and are hereby incorporated into this Agreement as if fully set forth below. 2.Terms of Use of Public Riaht-of-Way.BIA may continue to maintain those Wayfinding Signs currently located within City’s public right-of-way and more particularly identified in Exhibit “A”of this Agreement.The Wayfinding Signs shall be operated and maintained in accordance with the following standards: a.Each Wayfinding Sign is approximately 96-102 inches in height by 60 inches wide in size.A Way±Inding Sign may not be enlarged or expanded without the express written consent of the City Manager or his or her designee. b.A Wayfinding Sign may only contain City’s name,the name of a City- approved subdivision,and a directional arrow. c.No Wayfmding Sign may contain tags,streamers,devices,display boards, or any appurtenances that protrude beyond the Wayfmding Sign’s dimensions. d.BIA shall not establish additional signage in City’s public right-of-way that is not identified in Exhibit “A,”unless otherwise permitted by the City in accordance with the Municipal Code. 3.Indemnification.BIA shall fully defend,indemnif~’and hold harmless City,its officials,officers,employees,consultants,contractors,legal counsel,and agents (“Indenmified Parties”),from and against any and all liabilities,claims,suits,causes of action,fines,penalties, proceedings,damages,injuries,losses,costs,or expenses of any name,kind or description (“Action”or “Actions”),specifically including all attorney’s fees and costs (“Liabilities”), arising out of City’s decision to enter into this Agreement,City’s granting of permission for BIA to place signage in the public right-of-way,BIA’s maintenance or operation of signage in the public right-of-way,or the actions of BIA’s contractors,subcontractors,agents,employees,or other persons acting on BIA’s behalf with respect to the foregoing.BIA’s indemnification obligation may include (a)Actions to attack,set aside,void,or annul Ordinance No.930,as long as such Actions directly or indirectly arise from the City’s decision to enter into this Agreement and/or the City’s granting of permission for BIA to place signage in the public right-of-way,(b) Actions to attack,set aside,void,or annul this Agreement,and (c)Actions relating to death or injury to any person and damage to any property.BIA shall reimburse the City for all reasonable costs (including court costs)and attorney’s fees that the City may be required by a court to pay as a result of such Actions.City may,at its sole and absolute discretion and subject to Section 4 below (a)participate in the defense of any such Action undertaken by BIA,and,in furtherance of such participation,may retain separate counsel whose reasonable attorneys’fees and costs shall be paid by BIA.City’s participation in the defense of such Action or the retention of separate counsel by City shall not relieve BL4 of its obligations under this Agreement.Notwithstanding the foregoing,BIA shall not be obligated to indemni&and hold the Indemnified Parties harmless -2- 11231-OOO1~21817O9v1O.doc 9999.MWS /7689738.1 Page 150 from liabilities,claims,suits,causes of action,fines,penalties,proceedings,damages,injuries, losses,costs,and expenses arising from the active negligence or willful misconduct of Indemnified Parties.Under this section 3,an Action that “indirectly”arises from the City’s decision to enter into this Agreement andlor grant permission for BIA to place signage in the public right-of-way must at a minimum specifically reference the BIA Wayfinding Sign program. 4.Payment of City’s Costs.To the extent City incurs reasonable fees or costs fitm participating in the defense of,or in retaining separate counsel for,an Action covered by Section 3 above,BIA shall remit payment to City within thirty (30)days of receipt after a written request therefor accompanied by an invoice and written documentation substantiating such reasonable costs.City shall bill BIA monthly for such reasonable fees,costs and expenses,and shall provide written documentation substantiating in reasonable detail the fees,costs,and expenses for which the City is requesting payment pursuant to this Agreement,but may redact from such invoices or documentation attorney client privileged information as it,in its sole discretion, deems appropriate.BIA’s indemnification obligations shall not be limited to the amount of any insurance coverage that may be available to BJA,and shall not otherwise be restricted or confined by the presence or absence of any policy of insurance held by City or BIA. 5.Revocation of Right to Use Public Right-of-Way.Subject to any relevant provisions of the Municipal Code or any other relevant provision of law,the City Manager may revoke BL4’s right to maintain or place Wayfinding Signs in the public right-of-way at any time by providing BIA thirty (30)days’written notice of City’s election to revoke such permission. The City Manager’s decision to revoke BIA’s permission to maintain or place Wayfinding Signs in the public right-of-way shall not relieve BIA of its obligations pursuant to Sections 3 and 4, provided that such obligations relating to Actions directly or indirectly arising from the City’s decision to enter into this Agreement and/or the City’s granting of permission for BIA to place signage in the public right-of-way shall terminate three (3)years after any revocation under this Section 5. 6.Settlement of Actions.No settlement of any Action shall be binding on the City unless City approves the settlement in writing. 7.Survival.The obligations of BIA pursuant to this Agreement shall continue to be the liability and obligation of BIA,binding upon BIA until the final resolution of all Actions covered by this Agreement and final payment of all fees and costs,including attorney’s fees, required by this Agreement. 8.Discharge.No dissolution,liquidation,insolvency,bankruptcy or other matter with respect to BLA.shall affect this Agreement or any of BIA’s obligations hereunder. 9.Severability.Wherever possible,each provision of this Agreement shall be interpreted in such a manner as to be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement,or the application of any such provision to any person or circumstance,shall,to any extent,be held to be invalid,illegal or unenforceable under applicable law,the remainder of this Agreement,or the application of such provision to persons or -3- I 1231-000I\2181709v10.doc 9999.MWS /7689738.1 Page 151 circumstances other than those as to which it is invalid,illegal or unenforceable,shall not be affected thereby. 10.Notice to Parties.All notices and demands or other communications hereunder shall be in writing,and shall be deemed to have been sufficiently given or served for all purposes when presented personally or sent by generally recognized overnight delivery service,with postage prepaid,addressed to BIA or City,as applicable,at the addresses stated below,or at such other address of which either BIA or City may hereafter notify the other in writing: BIA:Mr.Craig Foster Executive Vice President BIA of Southern California 24 Executive Park,Suite 100 Irvine,CA 92614 City:City of Rancho Cucamonga Ann:City Manager 10500 Civic Center Drive Rancho Cucamonga,CA 91729 Each notice or demand so given or served shall be deemed given and effective,(a)if personally delivered,on the day of actual delivery or reffisal and (b)if sent by generally recognized overnight delivery service,on the next business day.Notwithstanding the foregoing,service of any notice of default provided or required by law shall,if mailed as required by law,shall be deemed given and effective on the date of mailing. 11.Governing Law.This Agreement shall be governed by,and construed and enforced in accordance with,the law of the State of California,without regard to principles of conflicts of law. 12.Changes and Modifications.This Agreement cannot be changed or modified, except by a written instrument signed by BIA and City. 13.Legal Construction.This Agreement shall be given a fair and reasonable construction in accordance with the intentions of the parties and without regard for or aid from any canons requiring construction against the party drawing this Agreement.As used in this Agreement,(a)the terms “herein”,“hereto,”“hereof’or “hereunder”or similar terms used in this Agreement refer to this Agreement as a whole and not to any particular provision and (b)the word “including”shall mean “including,without limitation”.Unless otherwise stated,all references herein to Sections are references to Sections of this Agreement. 14.Attorney’s Fees and Court Venue.Should either party to this Agreement bring legal action against the other,(formal judicial proceeding,mediation or arbitration),the case shall be handled in San Bernardino County,California,and the party prevailing in such action shall be entitled to a reasonable attorneys’fee which shall be fixed by the judge,mediator or arbitrator hearing the case and such fee shall be included in the judgment,together with all costs. -4- I l231-OOO1’~2I817O9v1O.doc 9999.MW5 /7689738.1 Page 152 15.Successors and Assigns.The covenants,agreements and obligations of BIA hereunder shall be binding upon BIA and BIA’s respective successors and assigns,and the rights,remedies and benefits of the Indemnified Parties hereunder shall inure to the benefit of the Indemnified Parties and their respective successors and assigns. 16.Counterparts.This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which,when taken together,shall constitute one and the same document. IN WITNESS WREREOF,the parties hereto have executed and delivered this Agreement as of the date first above written. City:BIA: City of Rancho Cucamonga,Building Industry Association of Southern a municipal corporation California a California nonprofit corporation By By Name:L.Dennis Michael Na75r~F~Q Title:Mayor Title:_________________________ APPROVED AS TO FORM: By_ Name: ____________________________________Title: Jan~es L.Markman City Attorney -5- 1 1231-0001\218l709v10.doc 9999.MW5 /7689738.1 Page 153 I 1231-00012181709v10.doc 9999.MWS /7689738.1 EXHIBIT A Location of Wayfinding Signs -6- Page 154 City of Rancho Cucamonga MAP NOTTO SCALE as of 01/16/2019 ]EAST FACE,[WEST FACE,fl NORTH FACE,LI SOUTH FACE. Page 155 D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn Gillison, City Manager INIT IAT E D B Y:J ennif er Hunt Gracia, Community Services D irector P eggy Magee, Cultural C enter Manager Ruth C ain, C P P B, Procurement Manager S UB J E C T:C O NS ID E RAT I O N O F A P RO F E S S I O NAL S E RV IC E S AG RE E M E NT WI T H P RE M I E R F O O D S E RV IC E S F O R E X C L US IV E C AT E RI NG S E RV IC E S AT V I C T O RI A G ARD E NS C ULT URAL C E NT E R. RE COMMENDAT ION: Staf f recommends the City C ouncil approve and authorize the execution of a P rofessional Services Agreement with P remier Food Services for exclusive catering services at Victoria Gardens Cultural C enter ef f ective f rom the date of mutual execution for a five (5) year term with the option to mutually add another two (2) years. BACKGROUND: Victoria Gardens C ultural Center is host to a variety of private events contracted by corporations, non-profit organizations, resident and non-resident families and individuals and several other entities within or outside the City’s limits. A s a condition of contracting any of the Cultural Center’s rentable spaces, all f ood and beverage needs must currently be filled either through the Cultural Center’s I n-House Catering P rogram or the venue’s contracted caterer. Since the C ultural C enter ’s opening in 2006, the C ity has been in semi-exclusive catering agreements with up to two (2) reputable catering businesses f or catering services at the C ultural Center. Having semi- exclusive catering services available at the C ultural Center has allowed it to sustain its model of being a premier City owned and operated location for guests to host events such as weddings, memorials, banquets, parties, corporate meetings, etc. Prior to the expiration of P rofessional Services Agreements with I mpressions Gourmet Catering and F ive Star C atering, arrangements were made with the C ity’s Procurement Division to begin the bid process for semi-exclusive catering services at the C ultural C enter. Specifications were provided to the P rocurement D ivision, which prepared and posted a formal Request for P roposal (R F P ) #17/18-008 to the C ity’s automated procurement system. T here were fifty-three (53) notified vendors, thirteen (13) prospective bidders downloaded or viewed the solicitation package, and two (2) viable responses were received. ANALY S IS: Page 156 An E valuation Committee conducted a thorough analysis of the R F P responses, scored and ranked each responsive proposal. T he top proposers, Premier F ood Services and I mpressions, were invited to attend a vendor interview and present a tasting for the evaluation panel. Vendors were rated based upon a pre- determined criteria and Premier F ood Services was determined to be the most responsive vendor providing the best value while meeting the scope of services and required specifications. A ll applicable solicitation documentation is on f ile in Planet B ids and can be accessed through the C ity’s website. FISCAL IMPACT: T his contract will potentially increase catering commission revenue budgeted in the Community Services D epartment’s 255 F und by an estimated 5% due to the increase of the contract’s mandated payable commission f rom 15% to 20%. B ased on the currently budgeted $15,000.00 in catering commission revenue, the 5% increase would adjust the budgeted total to $15,750.00 at minimum. COUNCIL GOAL(S) ADDRE S S E D: T he approval of this contract reinforces the C ity’s commitment to enhancing premier community status by providing quality services for a f air value at one of the City’s premier event facilities. AT TAC HM E NT S : D escription Premier Contract with E xhibits Page 157 1 CITY OF RANCHO CUCAMONGA CATERING AND CONCESSIONS AGREEMENT This Agreement is made and entered into on the day of , 2019 (“Effective Date”), by and between the City of Rancho Cucamonga, a California municipal corporation (CITY) and SMG- Rancho Cucamonga Premier Food Services LLC, (CATERER), for catering and concession services at the CITY’s Victoria Gardens Cultural Center and Lewis Family Playhouse and for bar service at the Paul A. Biane Library. In consideration of the performance of the covenants and conditions herein contained, CITY and CATERER hereby agree as follows: 1. TERM OF AGREEMENT The term of this Agreement shall be FIVE (5) years. Unless termination occurs as outlined in item 23 of this Agreement. The CITY shall have the option to renew using the same terms and conditions of this Agreement for up to two (2) additional, one- year terms. 2. SERVICES Subject to the terms and conditions herein, CATERER shall have the exclusive right to provide food and beverage service which may include, alcoholic and non-alcoholic beverages. CATERER will provide each year proposed standard menus with descriptions and p ricing for review and approve in advance by the CITY prior to implementation. It is understood by CATERER that services may be provided only in designated areas within the Victoria Gardens Cultural Center, Outdoor Patio, Library and Lewis Family Playhouse, (see exhibit “D”). CATERER will provide Contracts and/or Event Orders outlining a schedule for each event. Food and Beverage may be prepared on the CITY’s premises or offsite. In both examples it is understood that it is the responsibility of the CATERER to meet and exceed all requirements of the San Bernardino County Health Department. This would include properly permitted space for preparation and sanitation on and off; site any transported food must be prepared in like facility and transported in NSF gr ade containers designed to sustain temperatures as mandated by the San Bernardino County Health Department. Menus and services may be modified outside the annual requirement noted in this section at any time with written agreement by both CATERER and CITY. CATERER shall provide patrons with written menus that include food and beverage items. It is agreed that patrons may Page 158 2 request customized menu options which may not be included in standard and approved basic menus. Patrons will be provided with menus and pricing based on those customized selections. Specific Food Service Sites include Celebration Hall, Library, Imagination Courtyard, Lewis Family Playhouse and the Main Street lobby. See Exhibit “D”. Other Food and Beverage locations may be utilized from time to time, the provisions of this Agreement shall fully apply to services provided in such locations. Advance written approval is required from the CITY. CATERER shall be authorized to cater events already contracted by the CITY at Food and Beverage locations as part of this agreement. Catering of any such private event shall be provided by CATERER. CATERER shall not be entitled to receive any compensation or percentage of any Rental Fee for events referred by CATERER but shall receive compensation for Food and Beverage as provided in this Agreement. For events operated by the CITY or the CITY’s Foundation, the CITY may use CATERER or other catering services only after providing the exclusive CATERER with an opportunity to provide competitive pricing. City agrees that should pricing and menu options meet budgetary requirements for a City or City Foundation event the CATERER will be awarded the event. Otherwise, CATERER shall be the Exclusive Food and Beverage service provider including catering of private events where CITY facilities are rented by private parties. CATERER shall be responsible for providing all necessary labor, equipment, food and beverage, and for obtaining and maintaining any and all required licenses, permits and/or approvals, necessary to fully, competently, and professionally provide the Services as required herein, in compliance with any and all applicable local, State, and federal laws and regulations. See Section 7 for CITY equipment that will be available for CATERER’s use. Additional requirements applicable to CATERER’s performance of the Services are set forth in Exhibit “A” hereto. 3. RELATIONSHIP OF PARTIES The Parties intend that the CATERER, in performing catering and concession services herein specified, shall act as an independent contractor and shall have control of its work and the manner in which it is performed. Neither CATERER nor any of its employees are agents or employees of the CITY and are not entitled to any benefits provided by the CITY to CITY employee s, including, but not limited to, pension plans, group insurance plans, and unemployment insurance. 4. COMPENSATION Page 159 3 Subject to the provisions of Section 20 herein, the CATERER shall charge recipients of the Services those charges set forth in the menus. Prices set forth in the menus may only be increased following not less than sixty (60) days prior, written notice to the CITY, together with documentation establishing an increase of cost incurred by the CATERER for the affected food and beverage item(s). Provided the CITY approves the requested increase in writing, the menus shall be deemed to be amended to reflect each approved increase. Unless otherwise approved by the CITY, within thirty (30) days of any five percent (5%) or greater price reduction affect ing any item on the menu, CATERER shall notify the CITY and pass through such reduction to the current menus. As consideration for the Exclusive right to provide food and beverage, CATERER shall be entitled to retain eighty percent (80%) of gross receipts attributable to food and non-alcoholic beverage sales, and twenty percent (20%) shall be paid to the CITY. CATERER shall be entitled to retain eighty-eight percent (88%) of gross receipts attributable to sales of alcohol. Twelve percent (12%) of those gross receipts shall be donated to the CITY’s Foundation, Rancho Cucamonga Community and Arts Foundation (RCCAAF). As used herein, “gross receipts” shall not include any amounts required to be collected as taxes, or any amounts paid to CATERER’s staff in the form of “tips.” Payments will be made monthly by the 10th of the month for the previous month. All required payments shall be directed to the CITY and contributions shall be directed to RCCAAF, accompanied by a detailed statement showing gross receipts (and any required sales tax collected), derived from the CATERER’s sales during the reporting period. Page 160 4 5. DESIGNATION OF REPRESENTATIVES CITY and CATERER shall each designate in writing one of its employees as liaison and representative for purposes of this Agreement. The CITY hereby designates the Cultural Center Manager and/or designee thereof, as its agent for the purpose of issuing any consent or permission required herein and for the purpose of undertaking any actions required by the CITY. Requests for any consent or permission by CATERER, and any consent or permission granted by the CITY, shall be in writing. The CATERER hereby designates Michael Krouse, President and CEO and/or designee thereof, as its agent for the purpose of issuing any consent or permission required herein and for the purpose of undertaking any actions required by the CATERER. Either Party’s representative may be changed following written notice to the other. 6. ACCOUNTING CATERER shall maintain full and complete records of all Services and shall provide CITY with monthly sales reports. CITY shall have the right during normal business hours to examine the books, records and premises of CATERER for the purpose of determining CATERER’S compliance with the terms and conditions of this Agreement. Any such inspection shall be scheduled so as not to disrupt CATERER’s normal operations. CATERER’S books and records relating to the Services may be audited by the CITY at any time it deems appropriate but shall be audited not more than once during any six (6) consecutive month period. The CATERER shall at all times during the term hereof maintain an adequate system of internal accounting controls. Within thirty (30) days of receipt, the CATERER shall implement any internal control requested in writing by the CITY. Page 161 5 7. USE OF CITY PREMISES AND EQUIPMENT During performance of the Services, and at any other times agreed upon in writing by the Parties, CATERER shall have full use of CITY’s refrigerators, freezer(s), oven, ice machine, and existing kitchen facilities present at the Food Service Sites, or on o ther CITY Premises, as agreed upon in writing. The CATERER will utilize their own POS system to maintain accuracy and to assist in proper inventory of food items, alcohol and non-alcoholic beverages. CATERER shall be authorized to store food, beverages, and/or its equipment in those specific areas identified in Exhibit “B” hereto. CATERER is hereby granted a revocable license to construct improvements on CITY Premises necessary to improve and/or more fully perform the Services, as set forth in a separate agreement of the Parties. At all times while in the performance of the Services, CATERER shall be assigned two (2) parking spaces for its exclusive use. All CATERER staff will be allowed to use public parking facilities while working a private event, the CITY may designate an appropriate location for employee parking. 8. RESPONSIBILITY FOR CITY EQUIPMENT AND FURNISHINGS No equipment or furnishing shall be installed in such a manner as to become a fixture or part of the Premises, without written approval of the CITY. CATERER shall be responsible for the costs of any repairs to or replacement of CITY’s equipment necessitated by the acts or omissions of CATERER or any of its employees, officers, invitees, agents or contractors. Equipment provided by CATERER that is installed on CITY’s premises, such as new refrigerators, freezers, stoves, warmers, or any other equipment needed to provide catering services that is fixed to or otherwise attached to CITY property, shall become the property of CITY upon expiration o r termination for cause by CITY. A mutually agreed upon amortization for such equipment will be provided. 9. UTILITIES The CITY shall pay the reasonable costs of providing water, gas, trash, and electricity to the Food Service Sites. The CATERER shall pay f or telephone and data services as necessary to carry on the food and beverage operations. 10. EQUIPMENT With CITY’s consent, CATERER may utilize CITY cash registers. However, to the extent necessary to fully provide the Services, CATERER, at its own expense, shall provide point of sale or additional cash register equipment and software and be responsible to oversee and manage the system. In addition, CATERER shall pay all fees associated with credit card transactions. Page 162 6 The Parties shall meet and confer to discuss the acquisition and ownership of equipment deemed necessary in order for CATERER to fully provide the Services. The Parties shall agree on a master equipment list which shall be included in Exhibit “A hereto, and which includes equipment descriptions and ownership information. 11. CONDITION OF CITY PREMISES The CITY disclaims any and all warranties concerning the condition of all CITY premises (“Premises”). CATERER acknowledges and agrees that it has inspected the Premises or has been given the opportunity to do so but has declined. CATERER accepts the Premises in their current condition “AS- IS,”, and the CITY shall not be required to make any alterations, improvements, or repairs, except as required herein or as otherwise agreed upon in writing. 12. SIGNS AND ADVERTISEMENTS With the CITY’s prior written consent, CATERER shall display signage identifying Premier Food Services as the designated Exclusive CATERER during contracted events on the Premises. 13. CLEANLINESS CATERER, at its own expense, shall keep the Premises, equipment, and facilities in the Premises in a clean and sanitary condition at all times. Any determination as to what constitutes a clean and sanitary condition shall be at the discretion of the CITY, and any such standards may be more stringent than industry standards. Cleanliness standards shall, at minimum, require that CATERER provide appropriate floor care including sweeping, vacuuming, and mopping where required following CATERER’s provision of Services. Surfaces, equipment and storage areas of kitchen and concession areas accessible by the public must be cleaned after each use. If CATERER fails to keep the Premises, equipment and facilities in a clean and sanitary condition and fails to correct unclean conditions within (24) twenty-four hours following written notification, the CITY may immediately suspend this Agreement or at its sole discretion, clean such Premises and charge CATERER its actual costs plus 50%. No such action or omission to act on the part of the CITY shall be construed to waive or in any way affect similar or like action undertaken by the San Bernardino County Health Department. CATERER shall promptly advise and provide the CITY with a copy of the results of any Health Department inspection. Page 163 7 14. GARBAGE AND RUBBISH The CATERER shall be responsible to ensure that no boxes, containers, supplies, rubbish or waste attributable to operations of the CATERER, are present, kept, piled or stored on CITY Premises unless approved by the CITY. The CITY shall provide receptacles and daily garbage/refuse collection. 15. MAINTENANCE The CITY, at its own expense, shall be responsible for all regular maintenance and repair of equipment owned or installed by the CITY. The CITY shall be responsible for reasonable repairs for plumbing, including clogged drains, and any and all other utility lines and facilities within the Premises, unless otherwise agreed upon in writing. The CITY shall also be responsible to repair damage to the Premises and/or replace any CITY owned property being used by CATERER pursuant to this Agreement. However, CATERER will be responsible for repair of the Premises, and equipment regardless of when the damage occurs if CATERER has left the Premises unsecured or has otherwise acted or omitted to act in such a way as to have contributed to or intentionally caused such damage. Prior to scheduling repairs and maintenance, the CITY shall coordinate with CATERER staff to ensure that work does not interfere with CATERER’s operations. 16. SAFETY Subject to the provisions of this Agreement, CATERER shall immediately correct dangerous or defective conditions of the Premises caused by or arising out of CATERER'S use thereof, when CATERER determines such conditions exist, or if informed of such conditions by the CITY. In addition, the CATERER shall immediately report all injuries and any reported crimes occurring on the Premises, as well as any other dangerous or defective conditions of the Premises to the CITY and shall cooperate fully with the CITY in the investigation of all such injuries and criminal activity. 17. OPERATION AND MANAGEMENT CATERER shall be responsible for operating and maintaining the concession and/or other Service areas in an efficient and businesslike manner. CATERER shall maintain all equipment and conduct all operations in a safe and orderly manner and shall, at the written request of the CITY, withdraw from use of any equipment or cease any operations deemed to be unsafe or detrimental to the public welfare. CATERER shall furnish courteous, efficient and quality service to meet the reasonable demands of CITY, its invitees, patrons, and CATERER'S customers. CATERER shall control and is responsible for the conduct, demeanor and appearance of its officers, agents, employees, representatives, contractors and others while engaged in performance of the Services. CATERER will provide TIPS certified staff Page 164 8 to transact all functions related to service of alcoholic beverages as outlined by Alcohol Beverage Control (ABC). CATERER also reserves the right to refuse service to guests appearing to exhibit behaviors indicating consumption resulting from being intoxicated. Upon objection from the CITY concerning the conduct, demeanor or appearance of any of CATERER’S officers, agents, employees, representatives, guests or contractors, CATERER shall immediately take corrective action. 18. USE OF AUDIO/VISUAL EQUIPMENT AND DECOR CATERER agrees that it will not provide or authorize any person to provide entertainment of any kind, or to bring onto any City premises audio/visual equipment, lighting equipment, amplifiers, T.V. equipment, visual projectors, or P.A. systems, or similar equipment without the prior, written consent of the CITY. CATERER agrees that any upselling of equipment or décor elements for use by r ental customers will be limited to the food and beverage displays and not cross over into general décor of the room itself unless requested, or otherwise authorized, by CITY in writing. CITY is the sole provider for any items contracted for events hosted on CITY’s premises. In the event that a private event client requests additional design and décor not in City inventory, CATERER will provide recommendations for qualified service providers. CATERER will provide service and coordination of these service pro viders and any additional revenue opportunity will be included in our revenue shar e with the City as outlined in Section 4, “Compensation” of this agreement. 19. QUALITY OF PRODUCTS AND SERVICES In the course of discharging its responsibilities under this A greement, CATERER shall at all times ensure maintenance of the highest standards of quality in both the products offered for sale and in the service provided. CATERER shall offer for sale only foods and beverages identified in the menus and that are of such quality as deemed acceptable by the CITY. All products shall be fresh and appealing in appearance. CITY shall have the right, always when employees or representatives of CATERER are present, and whether Services are then being provided or not, to inspect food or beverages to be sold by CATERER and disapprove the service of any deemed not to meet the requirements of this Agreement. In the event the CITY should disapprove any product, that product shall be immediately removed from the Premises. CATERER shall furnish prompt, courteous, efficient, and quality service to meet the reasonable demands of the CITY and patrons being served. CATERER shall furnish the Services on a fair, equal and non-discriminatory basis to all patrons. Page 165 9 CATERER shall conduct its business on the Premises in an orderly, cooperative and proper manner so as not to annoy, disturb, disrupt, offend or otherwise interfere with on-going CITY activities or events. CATERER shall carry in stock at all times adequate stock items, as is customary in the catering industry, to render good service to customers. All food and beverages sold or kept for sale by the CATERER, shall be first class in quality, wholesome and pure, and shall conform to all federal, state and local food laws, ordinances and regulations in all respects. Except for price increases approved pursuant to Section 4, the prices to be charged for food and beverage items shall be uniform at all times and seasons and as set forth in the menus. No imitation, adulterated, misbranded or impure food or beverages shall be sold or kept for sale by the CATERER, and all food and beverage service items kept on hand by CATERER shall be stored and handled with due regard for sanitation and in compliance with all health regulations. CATERER shall provide CITY with proof of any required health examinations of employees and inspections of facilities (but not personal medical information). C A T E R E R wi l l p ro vi d e s t a f f t h a t h a s b e e n t ra i n e d i n f o o d sa f e t y. CATERER shall provide for the sanitary handling of all food and beverages and for the sanitary maintenance of the food service areas. 20. PRICING OF PRODUCTS AND SERVICES In providing the Services, CATERER will serve a diverse range of patrons in a highly competitive market. The imposition of a non-competitive price structure for food or beverages would be detrimental to CITY patrons, and the CITY’s reputation and potential for future business, and, ultimately, to the CATERER. Therefore, CATERER shall utilize its best efforts to competitively price food and beverages. Because of the importance of competitive pricing, CATERER agrees to price all food and beverages at rates comparable to the prices of caterers providing similar services in San Bernardino County. CATERER shall provide for the consideration and selection of patrons, a wide range of standard menu items and pricing. All such menus and prices listed shall be submitted to the CITY in writing prior to being put into effect. CITY shall have ten working days to approve or disapprove prices proposed by CATERER or said prices shall be deemed approved and shall be included in the Product List. Approved menus and price lists shall be printed by the CATERER at CATERER'S own expense and made available to prospective patrons. CITY intends that the standard menu items referenced above shall be considered as the minimum food and beverage items offered by the CATERER. Throughout the term of this Agreement and in order to maintain continued variety, the CATERER shall regularly explore the feasibility and appropriateness of offering additional kinds of food and beverages and shall make recommendations to the CITY. Page 166 10 21. PROVISION OF FOOD SERVICES FOR PRIVATE EVENTS Subject to the agreed upon written schedule of Services, the CATERER shall be authorized to offer and provide catering services for private events at CITY facilities. Such events may include, but are not limited to, business meetings, wedding receptions, birthday parties, and similar events as to comply with the CITY’s Policy for use/rental of CITY facilities. CATERER shall be authorized to customize menus according to the budgets of patrons and clientele in order to meet the separate needs of various customers including culturally specific cuisine options. The CITY reserves the right to review any specialized menu, in advance of use, to ensure compliance with the spirit and intent of this Agreement. 22. CITY EVENTS AND PROGRAMS City events and programs always have priority for use of CITY facilities including Food Service Sites. If events require food service, the CITY reserves the right to provide its own service, however the Caterer is the Exclusive food and beverage provider and permits and licenses from the County and AB C will require that in the event the CITY wishes to bring in outside food and beverage products or providers, it must ensure CATERER is satisfied with the providers ability to comply with County regulations for food and beverage handling, these requirements will not change for the CATERER or CITY. CATERER may also be given an opportunity to provide food service for CITY special events that are sponsored by CATERER, or at a deeply discounted rate. For any such CITY sponsored events, CATERER shall provide the Services at no cost to CITY up to a net cost to the CATERER that will be determined in advance in writing. CITY shall pay CATERER for the cost of Services that exceed the agreed upon amount, however, the City will receive a minimum of twenty-five percent (25%) discount off CATERER'S base menu prices net staffing costs. 23. TERMINATION OF AGREEMENT Except as otherwise provided in this Section, this Agreement may be terminated by the CITY for its convenience by providing CATERER not less than sixty (60) days prior, written notice. However, if CATERER has invested not less than one hundred and seventy-five thousand dollars ($175,000) in making authorized improvements, including installation of equipment, to CITY Premises in connection with the Services, then CITY may not terminate this Agreement for its convenience during no less than the period required to amortize the costs of such construction costs following completion of such construction CATERER may terminate for any reason upon 120 days prior written no tice to the CITY. Notwithstanding the foregoing, the CITY may terminate this Agreement without further notice should CATERER fail to cure any default following service of a written notice of default and demand to cure within five (5) business days of the d ate of service, or such longer period as the CITY may deem appropriate. Upon termination or expiration of this Agreement, and provided neither Party is then in breach, each Page 167 11 Party shall complete performance of any remaining obligations, including payment or crediting of any amounts due and owing as of the effective date of termination, and CATERER shall promptly restore any Premises occupied by CATERER to its original condition as existed prior to CATERER’s occupancy, unless otherwise agreed upon in writing. Upon termination or expiration of this Agreement, the CATERER agrees to transfer the Alcohol Beverage and Control (ABC) license to the new caterer and cooperate in good faith with such caterer to ensure completion of the license transfer. 24. PROVISION OF FOOD SERVICE ITEMS CATERER is responsible to provide all food service items such as utensils, plates, bowls and cups, napkins, and any other service items associated with providing the Services. 25. MARKETING, ADVERTISING AND PUBLIC RELATIONS The CITY is responsible for marketing its rental and other public use facilities in and upon CITY Premises including the food and beverage service locations. CATERER may also create and use marketing materials that reference publicly available CITY facilities, subject to CITY’S prior written approval. The City agrees to participate with the CATERER to offer special promotions and publicity. 26. PERFORMANCE EVALUATION A. The CITY shall have the right (but not an obligation) to conduct an annual performance evaluation concerning CATERER'S compliance and performance under this Agreement. CATERER agrees to cooperate in the preparation of a written evaluation based thereon (“Report”) and to make available to the CITY its books and records and to supply other information reasonably needed by the CITY to prepare such Report. The Report shall include the following: 1. CATERER'S compliance with this Agreement. In the event of non -compliance, the Report shall set forth the nature and extent of the non-compliance, and what the CATERER needs to do in order to attain compliance. The purpose of the Report is to improve performance and not establish grounds for termination provided, however, that nothing herein shall prevent the CITY from exercising any rights under Section 23 based on facts discovered during this process. 2. Review of customer comments and complaints. CATERER agrees to make comment cards and on-line surveys regularly available to customers and to permit review of same by the CITY, and to cooperate with the CITY in preparing periodic customer satisfaction samplings. The review shall be in writing and CATERER and CITY agree to discuss the customer comments and complaints with the goal of resolving any problems therein raised. Page 168 12 3. Other items to be reviewed in each annual performance evaluation may include, but are not limited to, sufficiency of personnel, appearance and conduct of employees, upkeep and maintenance of facilities, equipment and furnishings, employee training as to their responsibilities under this Agreement, and management and supervision. All CATERER employees will be of the same professional standards of all other facilities it provides for food staffing services. 27. CATERER'S POLICIES AND PROCEDURES A. CATERER agrees within sixty (60) days of the Effective Date of this Agreement to prepare in writing and file with the CITY a statement of its policies and procedures and to thereafter during the term of this Agreement enforce and maintain the policies and procedures there set forth, or as hereafter amended and filed with the CITY. Said policies and procedures shall include: 1. A Table of Organization setting forth the responsibilities and duties of each person listed in the Table of Organization. 2. A statement of applicable office hours. 3. An enumeration of equipment and furnishings provided by the CATERER. 4. Description of staff training including alcohol service. 5. Closing Procedures. 6. Building Security Procedures. 7. Money Handling Procedures. 8. Contracting Procedures B. Said policies and procedures shall be consistent with the terms and provisions of this Agreement and shall be subject to CITY approval which shall not be unreasonably withheld or conditioned. 28. NOTICES Any notice provided for by this Agreement or by law to be given, served or exercised by or upon CATERER may be given or served by depositing the same in the United States mail, postage prepaid, addressed to CATERER at such address as CATERER shall designate in writing, or may be personally served upon CATERER’S designated representative; and any notice provided for by this Agreement to be given, served or exercised by or upon CITY may be given or served by depositing the same in the United States mail, postage prepaid, addressed to the CITY or may be personally served upon the City Clerk. Any notice or notices given or served as provided herein shall be effective and binding for all purposes upon the principals of the Parties so served. 29. WAIVERS Page 169 13 The waiver by CITY of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of fees hereunder by City shall not be deemed to be a waiver of any preceding breach by CATERER of any term, covenant, or condition of this Agreement, other than failure of CATERER to pay the concession fees so accepted and mutually agreed upon, regardless of CITY'S knowledge of such preceding breach at the time of acceptance of such concession fees, nor shall any failure on the part of CITY to require or exact full and complete compliance with any of the covenants and conditions of this Agreement be construed as in manner changing the terms hereof, nor shall any failure on the part of CITY to require or exact full and complete compliance with any of the covenants and conditions of this Agreement be construed as in manner changing the terms hereof, nor shall the terms of this Agreement be changed or altered in a manner whatsoever other than by written agreement of CITY and CATERER. 30. NUMBER OF EMPLOYEES CATERER, with concurrence of the CITY, shall provide and supervise an adequate number of employees to render good service and perform necessary maintenance. 31. UNIFORMS CATERER employees shall be in uniform while working. Uniforms shall be subject to the approval of CITY. CATERER shall enforce dress code and uniform codes at all times its employees are working on CITY Premises. Employees will wear a name badge at all time s. Employees shall also adhere to the CITY’s employee policies regarding tattoos and piercings. All employee standards per Premier Food Services standards will be adhered to and consistent with all Premier Food Service facilities. 32. HOURS The Services shall be provided during hours that are set forth in an agreed -upon written schedule available to the public, which will be updated as necessary. CATERER has the right to suspend performance of Services outdoors during inclement weather. CATERER will make its best efforts to provide alternative solutions in the event of inclement weather including relocation food service within an indoor location. 33. DISORDERLY PERSONS The CATERER shall conduct its business in a quiet, orderly manner to the satisfaction of the CITY. The CATERER agrees not to serve alcohol to any loud, boisterous, disorderly, or intoxicated persons. 34. LAWS AND ORDINANCES Page 170 14 CATERER shall conduct its activities in accordance with all local, state and federal laws, ordinances, rules and regulations. CATERER shall be strictly responsible for ensuring its employees’ compliance with this section and all other provisions of this Agreement. Any violation of law or of the terms hereof by any officer or employee of CATERER shall be deemed to be a violation of the CATERER. 35. NON-DISCRIMINATION CATERER shall not discriminate against any person in hiring or rendering of the Services, based on race, color, creed, religion, gender, national origin, ethnicity, ancestry, sexual preference, marital status, age or disability. 36. LICENSE AND PERMITS A. CATERER shall, at its own expense, obtain all license and permits required by any governmental agency for the performance of the Services hereunder, including the appropriate ABC license, food handler’s certification, and TIPS certification, and shall keep such permits and licenses in full force and effect during the term of this Agreement. The ABC license and all employees’ food handler’s certifications shall be displayed in locations approved by the CITY. Once a letter grade is assigned by the San Bernardino County Health Department, it must also be posted in a location approved by the CITY. B. Copies of all necessary or required permits, certificates and licenses are to be submitted to CITY for verification. CATERER shall immediately notify CITY in writing, if a required permit, license or insurance is revoked, terminated, cancelled or suspended during the term of this Agreement. C. The licenses, certificates and permits to be secured by CATERER shall include, but not be limited to: 1. City of RANCHO CUCAMONGA Business License. 2. California State Board of Equalization Seller's Permit. 3. Certificate of Insurance as required in this Agreement. 4. ABC license appropriate for the Services. 5. Proof of offsite health license D. CATERER shall notify CITY immediately if any inspecting agency is on the Premises and notify the CITY in writing, of any violations or citations from the County of San Bernardino Health Department, ABC or any other governmental agency having jurisdiction. CATERER shall advise CITY within twenty- four (24) hours of such notice what corrective action CATERER is taking. 37. INDEMNITY Page 171 15 CATERER and CITY agree that CITY, its employees, officers, volunteers, invitees, contractors, agents and elected officials should, to the maximum extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorney’s fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to CATERER’S performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the CITY. CATERER acknowledges that CITY would not have entered into this Agreement in the absence of the commitment of CATERER to indemnify and protect CITY as set forth here. To the maximum extent permitted by law, CATERER shall defend, indemnify and hold CITY, its employees, officers, volunteers, invitees, contractors, agents and elected officials (“Indemnitees”), free and harmless from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, liens, stop notices, losses, expenses or costs of any kind, whether actual, alleged, or threatened, actual attorney’s fees incurred by CITY, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to acts or omissions of the CATERER or any of CATERER’S employees, officers, contractors or agents in the performance of th is Agreement. All obligations under this provision are to be paid by CATERER as they are incurred by the CITY. Without affecting the rights of CITY under any provision of this Agreement or this section, CATERER shall not be required to indemnify and hold harmless CITY, etc., as set forth above for liability attributable to the sole negligence of any of the Indemnitees, provided such sole negligence is determined by agreement between the Parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the CITY is shown to have been solely negligent and not in instances where CATERER is solely or partially negligent or in instances where CITY'S negligence accounts for only a percentage of the liability involved. In those instances, the obligation of CATERER will be all-inclusive, and CITY will be indemnified for all liability incurred, even though a percentage of the liability is attributable to the conduct of the CITY. The obligations of CATERER under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CATERER expressly waives any statutory immunity under such statutes or laws as to CITY, its employees, officers, volunteers, invitees, contractors, agents and elected officials. 38. INSURANCE COVERAGE CATERER shall, at its own expense, procure and at all times during the term of this Agreement maintain Page 172 16 in full force and effect worker's compensation, commercial general liability, automobile liability insurance, and commercial property insurance, as set forth in Exhibit “C” attached hereto. CATERER shall require any and all its construction contractors to procure and maintain commercial general liability, automobile liability and worker’s compensation insurance, satisfactory to the CITY, at all times while performing services for CATERER in connection with this Agreement or CATERER’S use of the Premises. 39. TAXES CATERER shall pay all taxes upon personal property and improvements that belong to CATERER located on CITY’s Premises. CATERER shall pay all sales and other taxes levied against the operation of its business but shall not be liable for any taxes levied against the real property except for any possessory interest tax which may be levied. 40. ASSIGNMENT AND SUBLETTING CATERER shall not assign or attempt to convey any interest in CITY Premises or any part thereof or allow the same to be used or occupied by any other person or for any other use than herein specified, nor assign any part of this Agreement without prior written consent of the CITY. CATERER shall not transfer, assign, or in any manner attempt to convey any of the rights or privileges herein g ranted without the prior written consent of the CITY. Excepting only authorized construction activities, CATERER shall not subcontract any required performance hereunder without CITY’S prior written consent. Neither this Agreement nor the rights herein granted shall be assignable or transferable by any process or proceedings in any court or by attachment, execution, proceedings in solvency, or receivership proceedings. In the event of the insolvency or bankruptcy, either voluntary or involuntary, of the CATERER, the CITY may immediately terminate this Agreement, in which event all rights of CATERER hereunder shall immediately cease and terminate and it or its representatives shall immediately deliver up possession and all sums owing, to the CITY. 41. GOVERNING LAW AND VENUE The provisions of this Agreement shall be construed under the laws of the State of California. Venue for any legal action arising out of this Agreement shall be the Superior Court of the County of San Bernardino. 42. INTEGRATED AGREEMENT This Agreement, together with any and all exhibits, all of which are incorporated by reference herein, represents the entire Agreement between the CITY and CATERER. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure Page 173 17 to the benefit of the Parties to this Agreement and any of their successors and/or assigns. 43. ATTORNEYS FEES If any legal action is brought for breach, or to enforce any provision of this Agreement, the prevailing Party shall be entitled to receive from the losing Party all costs and expenses, including the costs of experts and attorneys’ fees, in such amount as the court may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by a ny court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith. In recognition of the obligations set forth in this Agreement, the Parties have executed this Agreement as of the day and year first above written. City of RANCHO CUCAMONGA CATERER by: by: by: (two corporate signatures required) Page 174 18 EXHIBIT “A” ADDITIONAL PERFORMANCE REQUIREMENTS • Bar Service • Café Requirements • Equipment list Bar Service As part of the Services, CATERER will provide at no additional cost to CITY discounted cash bar service during ticketed and non-ticketed public performances and events at the Victoria Gardens Cultural Center. Complimentary is defined as CITY’s release from expenses incurred through labor, product costs and equipment necessary for CATERER to execute the service. Ticketed and non - ticketed public performances and events include performances inside the Lewis Family Playhouse during pre-show seating periods (1 hour prior to advertised curtain/start time), intermissions (ranging from 15 to 20 minutes at select performances) and performances in the Bank of America Imagination Courtyard. Scheduling of cash bar service is at the discretion of CITY. Upon scheduling of cash bar service, CITY and CATERER will determine the number of cash bar service stations that will be available on a per performance basis. There will be no additional charge to CITY if more than one cash bar service station is required to meet the service standards of CITY or its guests to provide timely beverage service. The number of cash bar service stations will be determined by the type of event, anticipated attendance, intended/expected audience (adult vs. youth), length of seating period and intermission. CATERER agrees to meet all reasonable service standards of CITY as previously identified in this Agreement in its execution of any bar service. CATERER will provide CITY with a list of offerings in advance consisting of well and premium alcoholic beverages obtained through its current relationships with beer, wine and spirits purveyors that the CATERER currently works with. CITY must approve all offerings at CATERER’s cash bar service station a minimum of ten (10) business days prior to scheduled cash bar service. CATERER’s beverage menu will offer only high-quality beer and wine and not standard store-bought Page 175 19 brands. Additional beverages served must be first approved by CITY ten (10) business days prior to scheduled cash bar service. CATERER may at any time propose to CITY service delivery methods under which service to guests can be maximized and made more efficient. CITY reserves the right to approve any such delivery methods outside of standard service methods ten (10 ) business days prior to scheduled cash bar service. CATERER agrees to provide all scheduled cash bar service stations with cash and credit card processing capabilities. CATERER agrees that twelve percent (12%) of all gross alcoholic beverage sales will be paid monthly to the Rancho Cucamonga Community and Arts Foundation (RCCAAF). CATERER agrees that all beverage servers will possess the proper licenses and/or certificat ions as required by law, including San Bernadino County and the State of California, in order to lawfully provide bar service. CATERER also agrees that it will carry all permits and licenses required by law, necessary to legally execute such services. Concessions Requirements CATERER will serve as concessionaire under this Agreement and will operate as such out of the CITY’s Cultural Center Café space. As concessionaire, CATERER will provide suitable and quality food and beverage offerings during pre-show seating periods and intermissions at both ticketed and non-ticketed public performances and events including those inside the Lewis Family Playhouse and/or the Bank of America Imagination Courtyard. As concessionaire, CATERER will work with CITY to create appropriate menus and pricing, all of which will be subject to approval by CITY. CATERER reserves the right to change items on the menu that are not popular, in demand or are not selling well. CATERER will also maintain and keep all product and product inventory, and the Cultural Center Café space, inspection ready at all times, and shall adhere to the service standards of the CITY and those of the County of San Bernardino’s Department of Environmental Health. CATERER will provide cashiers at its sole expense. CITY reserves the right during events to Page 176 20 reconcile receipts at any time the Services are being performed, or as arranged. CATERER is expected to be present as concessionaire at all advertised events unless mutually agreed by CATERER and City that CATERER would not be required. Except as otherwise expressly provided herein, no cost or expense related to CATERER’s Services shall be billed to the CITY. Designation and number of areas required to perform the Services in a manner consistent with CITY’s expectations for service delivery and efficiency standards are at the discretion of CITY. CATERER agrees that all of the concessions operations will have cash and credit card processing capabilities. CATERER agrees that twenty percent (20%) of all gross food and non-alcoholic beverage sales will be paid monthly to the City of Rancho Cucamonga. CATERER agrees that all persons providing concessionaire service on behalf of CATERER will possess the proper licenses and/or certifications required by law including San Bernadino County and the State of California, in order to lawfully perform such services. CATERER also agrees that it will carry the proper licenses required by law to execute such services. Equipment List: The following equipment is owned by the CITY and may be used by CATERER throughout the term of this Agreement, as arranged per event between CITY and CATERER. Any additional equipment on CITY premises is not available for use by CATERER unless otherwise approved in writing by the CITY. • Dual Refrigerator / Freezer Unit (Kitchen) • Single Refrigerator Unit (Kitchen) • Stovetop Oven (Kitchen) • Dual Bunn Coffee Maker (Café) • Double Clear-Door Refrigerator Unit (Café) • Clear-Door Freezer Unit (Café) • Miniature Double Clear-Door Refrigerator Unit (Café) • Commercial NSF Microwave (Café) Page 177 21 • Stainless Steel Preparation Sink (Café) • 3-Station Dishwashing Sink Unit (Café) • FETCO Single Unit Iced Tea Brewer (Café) Page 178 22 EXHIBIT “B” AUTHORIZED STORAGE AREAS As agreed upon in writing by CITY and CATERER, with in the kitchen and café, areas will be designated for exclusive use of the CATERER. CATERER shall maintain all storage areas in inspection- ready condition and in adherence to applicable standards established by the San Bernardino County Health Department and CITY. Page 179 23 EXHIBIT “C” CITY INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES WITHOUT PROFESSIONAL LIABILITY Except as otherwise authorized by the City’s Risk Manager, CATERER agrees to provide insurance in accordance with the requirements set forth here. If CATERER uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, CATERER agrees to amend, supplement or endorse the existing coverage to do so. The follo wing coverage will be provided by CATERER and maintained on behalf of the City and in accordance with the requirements set forth herein. Commercial General Liability/Umbrella Insurance Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided on ISO-CGL form No CG 00 01 11 85 or 88. Total limits shall be no less than $1,000,000 per occurrence for all coverages and $2,000,000 general aggregate. City and its employees and agents shall be added as additional insureds using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990). Coverage shall apply on a primary non-contribution basis in relation to any other insurance or self-insurance, primary or excess, available to City or any employee or agent of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a “drop down” provision providing primary coverage above a maximum $25,000.00 self- insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverage shall be following form to any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion. Starting and ending dates of primary and umbrella (if applicable) policies sha ll be concurrent. Business Auto/Umbrella Liability Insurance Primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than $1,000,000 per accident. Starting and ending dates of primary and umbrella (if applicable) policies shall be concurrent. If CATERER owns no autos, a non- owned auto endorsement to the General Liability policy described above is acceptable. Workers’ Compensation/Employer’s Liability Insurance Coverage shall be written on a policy form providing workers’ compensation statutory benefits as required by law. Employer’s liability limits shall be no less than $1,000,000 per accident or disease. Page 180 24 Employer’s liability coverage shall be scheduled under a ny umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. CATERER and CITY further agree as follows: 1. This Section supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 2. Nothing contained in this Section is to be construed as affecting or altering the legal status of the Parties to this Agreement. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such. 3. All insurance coverage and limits provided pursuant to this agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 5. For purposes of insurance coverage only, this Agreement will be deemed to have been executed immediately upon any Party hereto taking any steps that can be deemed to be in furtherance of or towards, performance of this Agreement. 6. All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit CATERER, and CATERER’s employees, or agents, from waiving the right of subrogation prior to a loss. CATERER hereby waives all rights of subrogation against City. 7. Unless otherwise approved by City, CATERER’s insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best’s” Insurance Guide rating of “A: VII”. Self-insurance will not be considered to comply with these insurance specifications. 8. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Page 181 25 CATERER. 9. CATERER agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to CATERER’s general liability and umbrella liability policies using ISO form CG 20 10 11 85. Certificate(s) are to reflect that the insurer will provide 30 days’ notice of any cancellation of coverage. CATERER agrees to require its insurer to modify such certifica tes to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. CATERER agrees to provide complete copies of policies to City upon request. 10. CATERER shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished within 30 days prior to the expiration of the coverages. 11. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any additional insured, in this or any other regard. 12. CATERER agrees to require all subcontractors or other parties hired for this project to purchase and maintain insurance of the type specified above naming as additional insureds all Parties to this Agreement. CATERER agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. CATERER agrees to require that no contract used by any subcontractor, or contracts CATERER enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this agreement. CATERER agrees that upon request, all agreements with subcontractors or others with whom CATERER contracts with on behalf of City, and all certificates of insurance obtained in compliance with this paragraph will be submitted to City for review. Failure of City to request copies of such documents will not impose any liability on City, or its employees. 13. CATERER agrees to provide immediate notice to City of any claim or loss against CATERER that includes City as a defendant. City assumes no obligation or liability by such notice and has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 14. If CATERER is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents, and other persons necessary or incidental to its operation of the CATERER are insureds. Page 182 26 EXHIBIT “D” DESIGNATED CONCESSION SERVICE LOCATIONS As Required by Alcohol Beverage Control (ABC) the following maps identify the areas outlined for concession service. Specific Food Service Sites include Celebration Hall, Library, Imagination Courtyard, Lewis Family Playhouse and the Main Street lobby. Other Food and Beverage locations may be utilized from time to time, the provisions of this Agreement shall fully apply to services provided in such locations. Advance written approval is required from the CITY. Page 183 Public Area Portable Cart (Beer, Wine, Spirits) Static Bar Location Page 184 Public Area Portable Cart (Beer, Wine, Spirits)Page 185 Public Area Portable Cart (Beer, Wine, Spirits)Page 186 Public Area Portable Cart (Beer, Wine, Spirits)Page 187 D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn Gillison, City Manager INIT IAT E D B Y:Robert Neiuber, Human R esources Director S UB J E C T:C O NS ID E RAT I O N T O AP P RO V E AM E ND M E NT NO. 1 T O T HE NE O G O V C O NT RAC T F O R T HE P URC HAS E , IM P L E M E NTAT I O N AND S UB S C RI P T I O N F O R L E ARN, A L E ARNING M ANAG E M E NT S Y S T E M , AND T O AUT HO RI ZE AD D IT IO NAL AP P RO P RI AT I O NS F RO M T HE C I T Y G E NE RAL F UND. RE COMMENDAT ION: Staf f recommends the City Council approve A mendment No. 1 to the NE O G O V prof essional services agreement (C O17-199) for the addition of the L earn subscription, a learning management system, and to authorize additional appropriations f rom the C ity’s General F und in accordance with this staf f report. BACKGROUND: On J uly 19, 2017, the C ity C ouncil approved a five-year prof essional services agreement in the amount of $179,664 between the City of Rancho Cucamonga and NE O G O V (C O17-199) to provide human resources applicant tracking sof tware that included applicant tracking, onboard process and evaluation reporting. T he new system has allowed f or better tracking of the recruitment process, easier access for applicants and better internal and external customer service. ANALY S IS: T he current method used to keep track of trainings is through an E xcel spreadsheet. Hard copies of certificates awarded and sign-in sheets for training sessions are placed in personnel files. T he current method used has not been a seamless process. T he proposed learning management system is designed to ensure we are capturing all in-person and online trainings for employees. T he system will also keep us on track to stay compliant with required trainings from Federal entities such as OSHA and other mandatory trainings including sexual harassment, ethics, Heat Illness Prevention, etc. as well as employee development courses for our growing team. T he learning management system will make the process of retrieving and using training record data data more straightforward, and it will work with our current N EO GO V system to centralize training details and establish a standard of record keeping that will benefit our employees. T hrough L earn, we expect to see increased productivity and engagement along with reduced risk and potential liability claims related to non-compliance with mandatory saf ety and harassment trainings. Managers and Supervisors will be able to assign mandatory courses and trainings based on skill gaps, all Page 188 while tracking progress and completion of courses. A dditionally, employees can continue to further their development and seek elective trainings of their interest to increase their knowledge on specif ic subjects. FISCAL IMPACT: T here is no net cost to the City by this action. T he $30,000 cost will be f ully reimbursed through a one-time employment practices liability grant available through the Employment Risk Management Authority (E R MA). Staf f recommends that C ity Council authorize an appropriation of $30,000 into A ccount 1001210-5300 for the cost of the NE O G O V L earning Management S ystem, and accept the grant revenue into A ccount 1001000-4740. COUNCIL GOAL(S) ADDRE S S E D: T his action will address the City C ouncil's goal of enhancing premier community status by attracting and retaining a highly qualif ied workf orce now and into the f uture. Page 189 D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:L ori S assoon, Deputy City Manager/Administrative Services Robert Neiuber, Human R esources Director S UB J E C T:C O NS ID E RAT I O N T O AD O P T A RE S O L UT IO N AP P RO V ING A M E M O RAND UM O F UND E RS TAND ING B E T WE E N T HE C IT Y O F RANC HO C UC AM O NG A AND T E AM S T E RS L O C AL 1932. RE COMMENDAT ION: Staf f recommends that the City C ouncil adopt a resolution approving the Memorandum of Understanding between the C ity of R ancho Cucamonga and Teamsters L ocal 1932. BACKGROUND: On S eptember 17, 2014, the City Council approved the San B ernardino P ublic E mployees Association (S B P E A) Memorandum of Understanding (MO U). The MO U was ef f ective f rom J uly 1, 2014 through J une 30, 2017. At the time, S B P E A represented all Public Works Maintenance employees. On J une 17, 2015, the C ity Council approved a side letter agreement between the City and S B P E A– Teamsters L ocal 1932. Teamsters L ocal 1932 was added after an acquisition of S B P E A. T he side letter agreement extended the existing MO U contract to one (1) additional year. T hat MO U was ef f ective through J une 30, 2018. T he retention of our knowledgeable and committed workforce is vital to the City’s commitment to provide world class service to the community. T he C ity must also educate and partner with employees to share the cost of CalP E R S rate increases and plan for the long-term sustainability of any increases. ANALY S IS: A new one-year MO U between the City and Teamsters has been negotiated and is being presented f or C ity C ouncil consideration. After meeting and conf erring in good faith with the C ity since March of 2018, Teamsters presented a proposal f or a one-year MO U to the C ity for consideration that their employees voted to ratif y. Upon approval of this negotiated MO U by the C ity C ouncil, the MO U ef f ective date would be f rom J uly 1, 2018, Page 190 until J une 30, 2019. T here is a three percent (3%) C ost of L iving Adjustment (C O L A) effective October 29, 2018, a one-time non-P E R Sable payment of $975 and a $100 per month increase in health insurance benef its effective the first full pay period af ter C ity C ouncil approval. T here is also a one percent (1%) base salary matching contribution into def erred compensation effective the first full pay period in J une 2019. During the one-year agreement, employees have agreed to switch their current five percent (5%) P E R Sable compensation toward the C alP E R S employer contribution to the CalP E R S member contribution. T his will reduce the amount the C ity pays towards the CalP E R S employee paid member contribution over the term of the MO U. T he benefit considerations include removing the accrual requirement from the sick leave payout language; memorializing the practice of paying for required certif icates and recertif ications; changing sick leave language to conform with the A f f ordable C are Act and current laws; increasing natal and adoption leave from 2 days to 80 hours; increasing bereavement leave f rom 5 days to 80 hours; updating agency dues deduction language, adding new employee orientation language, and adding release time f or all hands meeting; adding calculation clarif ication language regarding on call pay and overtime; increasing the vacation buyback amount from 120 hours to 160 hours per year; and incorporating the current grievance and disciplinary procedures into the MO U. FISCAL IMPACT: T he net budgeted fiscal impact of these benef it changes is anticipated to be $280,501 for F iscal Year 2018-2019. COUNCIL GOAL(S) ADDRE S S E D: E NHA NC I NG P R E MI E R C O MMUNI T Y S TAT US T he C ity is responsible for attracting and retaining exceptional community leaders to ensure that the City of R ancho Cucamonga continues to be a premier employer for the community. AT TAC HM E NT S : D escription Attachment 1 - R esolution Attachment 2 - Memorandum of Understanding Page 191 Attachment 1 Teamsters Local 1932 MOU Resolution RESOLUTION NO. 19-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND TEAMSTERS LOCAL 1932 RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2018 THROUGH JUNE 30, 2019. A. RECITALS Representatives of the City of Rancho Cucamonga (City) and Teamsters Local 1932 (Teamsters) have met and conferred pursuant to the provisions of the Meyers-Milias- Brown Act (California Government Code §3500, et seq.) with regard to wages, benefits and other terms and conditions of employment. Representatives of the City and Teamsters Local 1932 have agreed upon and present to this Council a Memorandum of Understanding pertaining to the Teamsters Local 1932, specifying the results of said meet and confer process. Changes to the Memorandum of Understanding are effective the first full pay period after City Council adoption, unless specifically indicated in the Memorandum of Understanding. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW THEREFORE, the City Council City of Rancho Cucamonga, California, does hereby find, determine and resolve as follows: 1. In all respects, as set forth in the Recitals, Part A of this Resolution. 2. The attached Memorandum of Understanding entered into by and between City representatives and Teamsters Local 1932 representatives for the period of July 1, 2018 through June 30, 2019, is hereby approved and ratified by the City Council, February 20, 2019. 3. The City Clerk shall certify to the adoption of this resolution. Page 192 1 MEMORANDUM OF UNDERSTANDING CITY OF RANCHO CUCAMONGA AND TEAMSTERS LOCAL 1932 2018 - 2019 Page 193 2 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AND TEAMSTERS LOCAL 1932 (Teamsters) SECTION 1: RECOGNITION The City of Rancho Cucamonga recognizes the Teamsters Local 1932 (Teamsters) as the recognized employee organization for City employees in the Maintenance Bargaining Unit, comprised of the following classifications: Maintenance Worker Lead Maintenance Worker Mechanic Equipment Operator Signal and Lighting Coordinator Inventory Specialist Senior Maintenance Worker Lead Mechanic Electrician Signal and Lightning Technician SECTION 2: COST OF LIVING ADJUSTMENT Effective the pay period beginning October 29, 2018, all Teamsters covered employees will receive a three percent (3%) base salary increase. SECTION 3: ONE-TIME NONPERSABLE PAYMENT Effective the second pay period after Teamsters ratification and City Council adoption of this MOU, Teamsters covered employees employed on that date will receive a one-time non-PERSable payment of $975 in a separate check. SECTION 4: SALARY STRUCTURE As of the effective date of this MOU, all employees will be assigned to salary ranges which are no less than 20% (40 salary code steps) below the control point and no more than 10% (20 salary code steps) above the control point. Actual salary within the range is determined by performance, achievement of goals and objectives, or for recent appointments, growth within the position. SECTION 5: SALARY SURVEY The City shall conduct a salary survey of labor market cities approximately six months before the start of new labor negotiations for the next MOU. SECTION 6: LIFE INSURANCE The City provides $30,000 base coverage of life insurance for all employees. Employees who want to purchase additional life insurance coverage with personal funds may do so at the City's group rate. Page 194 3 SECTION 7: HEALTH INSURANCE A. EMPLOYEES HIRED BEFORE JULY 1, 1994 The City shall provide employee and family health insurance for all existing full- time continuous salaried employees within the bargaining groups, subject to the limitation that no such monthly funding by the City shall exceed the following: $995.60 B. EMPLOYEES HIRED AFTER JULY 1, 1994 The City shall provide employee and family health insurance for all full-time continuous employees within the bargaining groups who have been hired on or after July 1, 1994, subject to the limitation that no such monthly funding by the City shall exceed the following: $900 C. COMBINED HEALTH INSURANCE TIERS Effective the first full pay period after Teamsters ratification and City Council adoption of this MOU, the City shall provide employee and family health insurance for all existing full time continuous salaried employees within the bargaining groups, subject to limitation that no such monthly funding by the City shall exceed $1,000 per month. This replaces subsections A and B of Section 6 and that obsolete language shall be removed in the next MOU. D. CASH IN-LIEU PAYMENT Represented employees who had waived coverage under a City-paid medical insurance plan and were receiving a cash in-lieu payment in the amount of $200 per month for single coverage or $300 per month for family coverage as of September 30, 2012, may continue to receive this cash in-lieu payment as long as they remain eligible. To be eligible, an employee must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must sign an attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt-out payment cannot be made and the City will not, in fact, make payment if the employer knows that the employee or tax family member does not have such alternative coverage, or if conditions in this paragraph are not otherwise satisfied. No other represented employees shall be eligible for this benefit. Employees not receiving cash in-lieu as of September 30, 2012, may still waive coverage by providing the proof of insurance as noted above, but will not receive a cash in-lieu payment. Page 195 4 E. AFFORDABLE CARE ACT REOPENER The Teamsters or City may reopen negotiations on the issue of health insurance benefits to address changes to or the elimination of the ACA and in order to avoid penalties or taxes under the ACA or other statutory scheme that may result from an interpretation of the ACA or other statutory scheme by the Internal Revenue Service or other federal agency (including, but not limited to, a revenue ruling, regulation or other guidance) or state agency, or a ruling by a court of competent jurisdiction. These negotiations will not result in a reduction or increase in the amount the City provides for employee health coverage. SECTION 8: RETIREE MEDICAL Subject to the conditions stated below, effective upon a service or disability retirement from City service at or beyond age 55 with 10 consecutive years of City service at the time of retirement, retirees shall be eligible to 100% personally fund, without any City contribution, participation in a group health insurance program(s) which is making group health insurance available to the City's retirees. It is agreed and acknowledged by the parties to this MOU that no representation is or can be made by the City, that such group retiree health insurance is available, or if available, will remain available for any specific future period of time. If no such group health insurance is reasonably available, or if the private carrier(s) terminates such coverage as to the retiree group or any individual group member, the City shall have no obligation/duty to self-fund or otherwise provide insurance or replacement insurance. All premiums for the retiree and/or eligible dependents shall be borne by the retiree. The City shall advance and submit the necessary premiums to the carrier(s), subject to the retiree reimbursing the City not later than 30 calendar days after City payment of the premium. Failure to timely reimburse the City shall result in no further premium payments being made by the City, resulting in termination of insurance coverage. The City's duty to advance said premiums shall terminate at age 65 of the retiree, regardless of whether or not the retiree is eligible for Medicare. City shall advise the group carrier of the insured's status as a retiree. Coverage eligibility shall then be solely determined by the group insurance carrier(s). It is likely that premium rates for retirees and/or dependents shall be greater than rates for employees. Regardless, retirees shall pay 100% of said rates. If at any time, it is determined by any group health insurance carrier that the City is prohibited from seeking premium reimbursement from a retiree, City affiliation and retiree enrollment in said group insurance plan shall immediately terminate upon rendering of the insurance carrier's decision. In such case, no retiree shall seek reimbursement from the City for any prior premiums paid by the retiree to the City as and for premium reimbursement. Page 196 5 SECTION 9: DENTAL INSURANCE The City shall provide a dental insurance plan for all full-time continuous salaried employees within the bargaining unit. SECTION 10: 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. SECTION 11: 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, tec.) 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 12: RETIREE HEALTH SAVINGS ACCOUNT The City agrees that it shall provide information and allow to be established and implemented, at no cost to the City, a voluntary form of Retiree Savings Account. Actual establishment of the Health Savings Account requires the approval of the bargaining unit. SECTION 13: BEREAVEMENT LEAVE When a death occurs in the family of a full-time employee, the employee shall be granted up to 80 hours of bereavement leave with pay. A death certificate or other acceptable evidence may be required by the City Manager or designee before leave is allowed. Family members are defined as follows: employee's spouse or domestic partner, employee's parents, employee's grandparents, employee's children, employee's siblings, employee's grandchildren, employee’s great-grandchildren, employee’s great grand-parents, employee's spouse or domestic partner's parents, employee's spouse or domestic partner's grandparents, brother-in-law, sister-in-law, employee's spouse or domestic partner's children, employee's spouses grandchildren, employee’s spouse or domestic partner’s great-grandchildren, employee’s spouse or domestic partner’s great-grandparents, or a blood relative residing with employee. The City Manager or designee shall approve such bereavement leave. (References to domestic partner refer to registered domestic partners, as defined by California Family Code Section 297.) SECTION 14: 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, 1/2 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. Personal leave can be taken after six months service. Page 197 6 SECTION 15: VACATION All full-time employees within the bargaining unit shall, with continuous service, accrue working hours of vacation monthly according to the following schedule. Vacation can be taken after six months service. Length of Service in Years Hours Accrued Per Pay Period Annual Hours Accrued 1 3.077 80 2 3.461 90 3 3.846 100 4 4.230 110 5 4.615 120 6-8 5.000 130 9 5.384 140 10 5.769 150 11-13 6.153 160 14 6.538 170 15+ 6.923 180 SECTION 16: VACATION BUYBACK Annually, at the employee's written request, the City will "buy back" the total cash value of up to 160 hours of previously earned vacation leave. This buy back shall occur twice annually, in April and November. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buy back time. Employees who wish to sell back vacation must request payment of not less than 20 hours and not more than 160 hours in a calendar year. SECTION 17: SICK LEAVE All full-time employees shall, with continuous service, accrue 120 hours of sick leave annually. Sick leave accrual (10 hours/month), begins on the first day of employment and can be taken after ninety (90) days of service. A. Personal Sick Leave Employees can use sick leave for personal illness, injury, a health-related reason (such as the diagnosis, care or treatment of a health condition), or preventive care. B. Family Sick Leave Employees can use sick leave for the illness or injury of a health-related reason (such as the diagnosis, care or treatment of a health condition), or preventive care of a qualified family member. For the purpose of Family Sick Leave, a qualified member means the employee’s: child (includes any age or dependency status, or for whom the employee is a legal ward or 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. Page 198 7 C. Other Statutory Use Sick Leave can be used to cover an absence for an employee who is victim of domestic violence, sexual assault, or stalking to: (a) Obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health, safety, or welfare of the employee or their child(ren). (b) Obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety. SECTION 18: SICK LEAVE BUYBACK Employees within the bargaining unit who terminate their city employment after 5 years of continuous service can sell 120 hours back to the City. SECTION 19: 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) Three discretionary days may be taken by an 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 Page 199 8 Year’s, employees will have until June 30 to use those floating holidays accrued between Thanksgiving and New Years. 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. SECTION 20: 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 21: 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 aforementioned 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 22: 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. 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 Section 12945), if applicable. The City's PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond the four-month period will be responsible for the payment of medical, dental and optical premiums to keep the coverage in force during the leave of absence. Page 200 9 SECTION 23: 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 the employee's full salary. Such payments by the City should be made without any deduction from accrued sick leave benefits. The City's obligation for such payments shall commence on the first (1st) 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 benefit, shall not exceed the employee's base pay for each day of the leave. For this purpose, accrued leave hours can only be used in one-hour increments. SECTION 24: 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 25: MILITARY SERVICE BUY BACK Employees within the bargaining unit have the option for military service buy back at the employee's expense. SECTION 26: 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 emergency 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 work 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. B. Overtime Calculation For the purposes of overtime calculations, Vacation Leave, Holiday Leave, and Page 201 10 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 27: 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, dispatch other employees, or do other work directly related to being on call should report hours worked to the closest ¼ hour on their timecard. SECTION 28: CALL BACK PAY (non-exempt) 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 who are continuing on duty for their normal shift. The time starts when the call back call is received by the employee. Employees must arrive at the worksite and perform the work required in order to receive callback pay. SECTION 29: 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. The City may provide uniforms (including shirts) and/or maintenance of uniforms for all positions covered under this MOU. The City reports 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 2 CCR, Section 571 (a)(5) Statutory Items. The parties also agree that the City has no additional obligation or costs should CalPERS, the State or the IRS determine otherwise. SECTION 30: 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" and "Tier 2"), or in the 2% at age Page 202 11 55 retirement plan ("Tier 3") and shall be provided the benefits as described below: A. Tier 1 – Employees Hired Before September 1, 2010 § 21354.4 2.5% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Yr Final Compensation 1. Effective July 4, 2011, the City pays the normal eight percent (8%) CalPERS member contribution per Resolution 11-063. 2. Effective 7/11/16, employees shall pay five percent (5%) of their PERSable compensation towards the CalPERS employer contribution per Resolution 15- 090. 3. Effective the first full pay period beginning in June 2019, or the first full pay period after ratification whichever is later, the City will pay three percent (3%) of the CalPERS member contribution and employees shall continue to pay five percent (5%) of their PERSable compensation however; the employee will pay the five percent (5%) 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 – Employees Hired Between September 1, 2010 and July 3, 2011 § 21354.4 2.5% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Yr Final Compensation 1. Effective July 4, 2011, the City pays seven percent (7%) of the normal CalPERS member contribution; employee pays one percentage point (1%) of the CalPERS member contribution per Resolution 11-063. 2. Effective July 11, 2016, employees shall pay four percent (4%) of their PERSable compensation towards the CalPERS employer contribution and one percent (1%) of their PERSable compensation towards the CalPERS member contribution per Resolution 15-090. 3. Effective the first full pay period beginning in June 2019, or the first full pay period after ratification whichever is later, the City will pay three percent (3%) of the CalPERS member contribution, and employees shall move their four percent (4%) PERSable compensation currently paid toward the CalPERS employer contribution to the CalPERS member contribution for a total of five percent (5%) of their PERSable compensation toward the CalPERS member contribution. The City will adopt a resolution to reflect this change prior to the effective date. Page 203 12 C. Tier 3 – 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 July 4, 2011, the City pays six percent (6%) of the normal CalPERS member contribution; employee pays one percentage point (1%) of the CalPERS member contribution per Resolution 11-063. 2. Effective July 11, 2016, employees shall pay four percent (4%) of their PERSable compensation towards the CalPERS employer contribution for a total of one percent (1%) of their PERSable compensation towards the CalPERS member contribution and four percent (4%) of the CalPERS employer contribution per Resolution 15-090. 3. Effective the first full pay period beginning June 2019, or the first full pay period after ratification whichever is later, the City will pay two percent (2%) of the CalPERS member contribution and employees shall move their four percent (4%) PERSable compensation currently paid toward the CalPERS employer contribution to the CalPERS member contribution for a total of five percent (5%) of their PERSable compensation toward the CalPERS member contribution. The City will adopt a resolution to reflect this change prior to the effective date. D. 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, and any Employer Paid Member Contributions (EPMC). E. The City pays EPMC for the various "Tiers" as outlined above and reports the value of EPMC payments as special compensation. The parties agree that to the extent permitted by law, this is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1)(F) as Value of Employer-Paid Member Contributions. The parties also agree that the City has no additional obligation or costs should CalPERS, the State or the IRS determine otherwise. The City adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation. All employee payments of the employer share are done pursuant to Government Code Section 20516(f). F. There shall be no sunset date to any provision in Section 30. G. 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 Page 204 13 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 an initial Member CALPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said "new member'' is enrolled, rounded to the nearest quarter of 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). 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). H. 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. I. Employer Paid Member Contribution (EPMC) 1. The effective date of this benefit shall be July 4, 2011 and shall apply to all miscellaneous employees. This benefit shall consist of paying 8% of the normal contributions as EPMC, and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation for employees hired prior to September 1, 2010. This benefit shall consist of paying 7% of the normal contributions as EPMC, and reporting the same percent (value) of compensation earnable (excluding Government Code Section 2063(c)(4)) as additional compensation for employees hired on or after September 1, 2010. This benefit shall consist of paying 6% of the normal contributions as EPMC, and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation for employees hired on or after July 4, 2011. Payment of EPMC and reporting the value of EPMC on compensation earnable is on pay rate and special compensation except special compensation delineated in Government Code Section 20636(c)(4)) which is the monetary value of EPMC on Page 205 14 compensation earnable. 2. Effective the first full pay period in June 2019: This benefit shall consist of paying 3% of the normal contributions as EPMC and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation for employees hired prior to September 1, 2010. This benefit shall consist of paying 3% of the normal contributions as EPMC and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation for employees hired prior to September 1, 2010 and before July 4, 2011. This benefit shall consist of paying 2% of the normal contributions as EPMC and reporting the same percent (value) of compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation for employees hired on or after July 4, 2011. SECTION 31: TUITION REIMBURSEMENT FOR APPROVED COLLEGE AND UNIVERSITY COURSES Reimbursements by the City of the following enumerated college and/or university course expenses shall not exceed two thousand three hundred dollars ($2,300.00) during any fiscal year. Eligibility for said reimbursement in an amount not to exceed $2,300.00 in 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 as regards coursework undertaken at a college or university that is licensed/accredited by the State of California. B. The applicant for reimbursement shall represent to the Personnel Department documentation prepared by the accredited/licensed college or university which evidences the applicant's receipt of a grade of "C" or "pass" in a pass/fail class. As regards each class for which reimbursement is sought (where an employee is simultaneously enrolled in multiple approved classes and does not receive a "C" or "pass" in any one or more of such classes, the amount of expenses subject to City's reimbursement shall be reduced and/or as appropriate, pro-rated to reflect no reimbursement being made for expenses related to classes where the minimal grade was not received). 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. Page 206 15 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 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 each expenditure for which reimbursement is sought. SECTION 32: REQUIRED CERTIFICATIONS AND RECERTIFICATIONS The City will pay for the cost of any required certifications or 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 33: 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 6 am to 4:30 pm 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 34: 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 $2.00 per day for every day that the bargaining unit employee carpools. SECTION 35: BILINGUAL PAY Employees within the bargaining unit who qualify for bilingual pay will be provided at $50.00 per month. Page 207 16 SECTION 36: 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 meeting, 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 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 37: 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 working 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 right to work locations and any reasonable denial of access shall not be subject to the grievance procedure. SECTION 38: 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 requested 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 Page 208 17 basis consistent with the City's regular pay-periods. Teamsters 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 39: 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 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 AB119 at least three (3) times per year. SECTION 40: 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 otherwise 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 41: 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 Page 209 18 need for emergency staffing condition exists. Release per this section will not be unreasonably denied. SECTION 42: RELEASE FOR ALL HANDS MEETING The Teamsters Local 1932 bargaining unit shall be allowed four (4) ninety (90) minutes per fiscal year, including travel time, during work hours for the purpose of labor negotiations with the City. Additional meetings may be requested and may be granted by the Director of Public Works. SECTION 43: ACTING PAY/OUT OF CLASS PAY The City agrees to formally implement as part of its Personnel Rules and Regulations, a formal policy regarding Acting Pay/Out of Class Pay that substantially complies with existing and past practice in this regard, except that Acting Pay/Out of Class Pay will take effect for Teamsters bargaining unit employees who assume responsibilities of a higher level classification after 16 or more working days at the higher level classification. SECTION 44: HOLIDAY FACILITY CLOSURE City facilities will observe a holiday closure beginning Monday, December 24, 2018. Through Tuesday, January 1, 2019. 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, or use unpaid leave. When holiday closures are implemented by the City, Section 18's provision regarding consecutive holidays shall not apply. SECTION 45: DEFERRED COMPENSATION Effective the first full pay period in July 2017, the City will match dollar for dollar up to $50 per month in deferred compensation for any Teamsters covered employee who pays up to $50 into deferred compensation through payroll deductions. Effective the first full pay period in June 2019, after ratification and City Council adoption, the City will increase matching contribution of an additional 1% of base salary, for a total dollar for dollar matching contribution of $50 per month and 1% base salary for any Teamster covered employee who pays up to $50 and 1% of base salary into deferred compensation through payroll deductions. For Example: if an employee with a monthly salary of $4000 puts $90 per month of the pay they earned into deferred compensation, then the City will match the amount, up to the $90 maximum, and pay $90 towards that employee’s deferred compensation. SECTION 46: 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 Page 210 19 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 Section. Disciplinary action of classified employees who have attained regular status, when necessary, shall be documented in such a manner as to be defensible on appeal and/or review. In all instances where disciplinary action is contemplated, the affected employee shall be afforded prior notice of the proposed disciplinary action. The employee shall have reasonable opportunity to present, in person, their view of the incident(s) resulting in the disciplinary consideration. Types of disciplinary actions applicable to regular employees in the classified service are: dismissal, disciplinary demotion, reduction in pay steps 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 five (5) 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 five (5) 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 Page 211 20 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: 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 Page 212 21 discipline; b. The specific charges upon which the 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 discipline is based; and e. A statement of the nature of the employee’s right to appeal. C. Disciplinary 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 Administrative Service 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 five (5) 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 five (5) days cannot be appealed. The employee may write a written response which 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 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 shall 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 Page 213 22 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. 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 employee 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. Page 214 23 11. Theft. 12. Violation of the rules and regulations of any department. 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 fall 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. SECTION 47: DISCIPLINARY APPEAL PROCEDURES A. Right to Appeal Page 215 24 A regular full-time and for cause employee shall have the right to appeal the following disciplinary actions: 1. Suspensions without pay of five (5) 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 three (3) 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 Administrative Services 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 Administrative Services Department may, at its discretion, waive such time limits if it determines that additional time is necessary. The Administrative Services 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 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. Page 216 25 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 covered in the direct examination. d. To impeach any witness regardless of which party first called him/her to testify. e. To rebut the evidence against him/her. 3. The hearing need not be conducted according to technical rules relating to evidence and witnesses. The rules of privilege shall be effective to the extent that they otherwise are required by statute to be recognized at the hearing. 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 48: GRIEVANCE PROCEDURES A. Purpose of Rule 1. To promote improved employer-employee relations by establishing procedures on matters for which appeal or hearing is not provided by other regulations. 2. To afford employees individually a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions. 3. To provide that grievances shall be settled as near as possible to the point of origin. 4. To provide that grievances shall be conducted as informally as possible. Page 217 26 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 step 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 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 satisfactorily 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. A. 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 within 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. Page 218 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. SECTION 49: ADOPTION OF MOU This memorandum, between representatives of the City and Teamsters Local 1932, was adopted on February 20, 2019. SECTION 50: EFFECTIVE DATE The provisions of this memorandum of understanding are effective July 1, 2018 and continue for a one-year period, ending June 30, 2019. Page 219 TEAMSTERS CITY Dated______________________ Dated______________________ ____________________________ ___________________________ Caleb Dupont, John R. Gillison, Lead Maintenance Worker City Manager _______________________________ ___________________________ John Pincott, Robert Neiuber, Maintenance Coordinator Human Resources Director _______________________________ ___________________________ Edward Rue, Jenifer Phillips, Senior Maintenance Worker Human Resources Manager _______________________________ ___________________________ Willie Glenn, Lucy Alvarez-Nunez, Lead Maintenance Worker Management Analyst I _______________________________ ___________________________ Donald Ballard, Caroline Cruz-Contreras, Maintenance Worker Principal Accountant _______________________________ Steve Cadena, Teamsters Representative Page 220 D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:L ori S assoon, Deputy City Manager/Administrative Services Robert Neiuber, Human R esources Director L ucy Alvarez-Nunez, Management A nalyst S UB J E C T:C O NS ID E RAT I O N T O AD O P T A RE S O L UT IO N UP D AT ING T HE RANC HO C UC AM O NG A C I T Y E M P L O Y E E S AS S O C I AT I O N AND T E AM S T E RS L O C AL 1932 S AL ARY S C HE D UL E S F O R F IS C AL Y E AR 2018-19. RE COMMENDAT ION: Staf f recommends that the C ity C ouncil adopt a resolution approving updating the Rancho C ucamonga C ity Employees A ssociation and Teamsters L ocal 1932 S alary S chedules f or F iscal Year 2018-19. BACKGROUND: T he City C ouncil traditionally adopts salary resolutions for those classif ications employed by the City of R ancho C ucamonga. These resolutions are updated to reflect changes in salaries, additions and deletions of classifications, changes in job titles, and other terms of employment. ANALY S IS: Staf f recommends that the City Council approve the resolution updating the Teamsters L ocal 1932 salary schedule for fiscal year 2018-19 to include the three percent (3%) base salary increase for job classifications covered by the Teamster L ocal 1932 MO U Public Works Maintenance employees effective October 29, 2018. Staf f also recommends that the City Council approve the f ollowing changes f or the R ancho Cucamonga C ity Employee A ssociation salary schedule: T he Deputy Director of Public Works position was approved in the 2018-19 f iscal year budget as a position beginning mid-year. Staf f recently looked at cities with comparable populations and positions and found that the current monthly top step salary of $10,470 was eighteen percent (18%) below the average top step salary of $12,775 for those five cities. I n an effort to address future recruiting needs and successfully conduct a recruitment for the vacant Page 221 D eputy D irector of P ublic Works, staf f recommends an increase to the Deputy Director of Public Works salary range by 12%, comparable to the A ssistant C ity Engineer position. Staf f believes that by adjusting the salary range of the existing D eputy D irector of P ublic Works position, the C ity will be able to attract higher caliber candidates in future recruitments. I n order to correct an oversight in the prior salary schedule, the B usiness L icense Supervisor salary range should be adjusted to be comparable to the Management Analyst I position, as previously approved and budgeted. T his update will not result in a change to the total budgeted amount for this position. I n an effort to align positions in the Animal Center with industry standards, staf f recommends adding a new title of A nimal R escue Specialist with the same salary range as the current A nimal Handler position, and changing a job title f rom Animal Handler to Animal B ehavior S pecialist T hese changes will not result in any changes to the salary range or total budgeted positions. All other Rancho C ucamonga C ity Employee A ssociation salaries, classifications, job titles, and other terms of employment remain the same. FISCAL IMPACT: T he net budgeted 2018-19 fiscal impact of the three percent (3%) base salary increase to Teamsters local 1932 covered employees is anticipated to be $157,240. T he estimated annual salary and benefit cost of the Deputy Director of P ublic Works salary range increase $21,300. All other changes are anticipated to have no fiscal impact. COUNCIL GOAL(S) ADDRE S S E D: E NHA NC I NG P R E MI E R C O MMUNI T Y S TAT US T he C ity is responsible for attracting and retaining exceptional community leaders to ensure that the City of R ancho Cucamonga continues to be a premier employer for the community. AT TAC HM E NT S : D escription Attachment 1 - R esolution Attachment 2 - R C C E A S alary S chedule Attachment 3 - Teamsters S alary S chedule Page 222 Attachment 1 Resolution No. 19-010 RESOLUTION NO. 19-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING UPDATING THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION AND TEAMSTERS LOCAL 1932 SALARY SCHEDULES FOR FISCAL YEAR 2018-19. WHEREAS, the City Council of the City of Rancho Cucamonga has determined that it is necessary for the efficient operation and management of the City that policies be established prescribing salary ranges, benefits and holidays and other policies for employees of the City of Rancho Cucamonga; and WHEREAS, the City Council of the City of Rancho Cucamonga has previously adopted salary resolutions establishing salary ranges, benefits and other terms of employment for employees of the City of Rancho Cucamonga; and WHEREAS, the City Council of the City of Rancho Cucamonga recognizes that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, benefits and other terms of employment; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California to approve the attached salary schedules for the Rancho Cucamonga City Employees Association and Teamsters Local 1932. PASSED, APPROVED, AND ADOPTED this 20th day of February 2019. Page 223 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Account Clerk 4375 $2,995 4415 $3,657 4435 $4,040 Account Technician 4423 $3,805 4463 $4,644 4483 $5,132 Accountant# 3465 $4,692 3505 $5,727 3525 $6,327 Accounting Manager* 2525 $6,327 2565 $7,724 2585 $8,534 Accounts Payable Supervisor# 3470 $4,810 3510 $5,872 3530 $6,488 Administrative Assistant 4349 $2,631 4409 $3,548 4429 $3,921 Administrative Technician 4437 $4,081 4477 $4,981 4497 $5,503 Animal Care Attendant 4349 $2,631 4389 $3,212 4409 $3,548 Animal Care Supervisor# 3416 $3,674 3456 $4,486 3476 $4,955 Animal Caretaker 4378 $3,041 4418 $3,711 4438 $4,100 Animal Center Manager* 2506 $5,757 2546 $7,027 2566 $7,763 Animal Behavior Specialist 4388 $3,195 4428 $3,901 4448 $4,311 Animal License Canvasser 4349 $2,631 4389 $3,212 4409 $3,548 Animal Rescue Specialist 4388 $3,195 4428 $3,901 4448 $4,311 Animal Services Dispatcher 4369 $2,907 4409 $3,548 4429 $3,921 Animal Services Officer I 4421 $3,768 4461 $4,599 4481 $5,081 Animal Services Officer II 4441 $4,162 4481 $5,081 4501 $5,615 Artistic Producer - Mainstreet Theatre Company 4450 $4,354 4490 $5,315 4510 $5,872 Assistant City Clerk # 3535 $6,652 3575 $8,119 3595 $8,971 Assistant City Engineer* 2590 $8,750 2630 $10,681 2650 $11,803 Assistant Engineer# 3488 $5,261 3528 $6,423 3548 $7,097 Assistant Library Director* 2572 $7,998 2612 $9,764 2632 $10,788 Assistant Planner# 3468 $4,763 3508 $5,814 3528 $6,423 Assistant to the City Manager* 2548 $7,097 2588 $8,663 2608 $9,572 Associate Engineer# 3518 $6,111 3558 $7,459 3578 $8,242 Associate Planner# 3487 $5,235 3527 $6,392 3547 $7,062 Box Office Coordinator 4450 $4,354 4490 $5,315 4510 $5,872 Budget Analyst# 3515 $6,020 3555 $7,348 3575 $8,119 Building Inspection Supervisor#2 3504 $5,698 3544 $6,957 3564 $7,686 Building Inspector I2 4444 $4,224 4484 $5,157 4504 $5,698 Building Inspector II2 4464 $4,668 4504 $5,698 4524 $6,296 Building and Safety Manager* 2533 $6,586 2573 $8,038 2593 $8,882 Business License Clerk 4378 $3,041 4418 $3,711 4438 $4,100 Monthly Pay Ranges Effective February 20, 2019 Resolution No. 19- MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Attachment 2 Rancho Cucamonga City Employee Association February 20, 2019 Page 224 Minimum Control Point Maximum Monthly Pay Ranges Effective February 20, 2019 Resolution No. 19- MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Business License Inspector 4418 $3,711 4458 $4,530 4478 $5,006 Business License Program Coordinator# 3432 $3,980 3472 $4,857 3492 $5,367 Business License Program Supervisor# 3470 $4,810 3510 $5,872 3530 $6,488 Business License Technician 4408 $3,531 4448 $4,311 4468 $4,763 City Clerk Records Management Analyst# 3470 $4,810 3510 $5,872 3530 $6,488 City Planner/Planning Manager* 2583 $8,450 2623 $10,314 2643 $11,397 Community Affairs Coordinator 4450 $4,354 4490 $5,315 4510 $5,872 Community Affairs Manager* 2565 $7,724 2605 $9,430 2625 $10,418 Community Affairs Officer# 3515 $6,020 3555 $7,348 3575 $8,119 Community Affairs Senior Coordinator# 3480 $5,055 3520 $6,173 3540 $6,820 Community Affairs Specialist 4350 $2,643 4390 $3,227 4410 $3,566 Community Affairs Technician 4437 $4,081 4477 $4,981 4497 $5,503 Community Improvement Manager* 2533 $6,586 2573 $8,038 2593 $8,882 Community Improvement Officer I 4421 $3,768 4461 $4,599 4481 $5,081 Community Improvement Officer II 4441 $4,162 4481 $5,081 4501 $5,615 Community Programs Coordinator 4450 $4,354 4490 $5,315 4510 $5,872 Community Programs Specialist 4437 $4,081 4477 $4,981 4497 $5,503 Community Services Coordinator 4450 $4,354 4490 $5,315 4510 $5,872 Community Services Manager* 2506 $5,757 2546 $7,027 2566 $7,763 Community Services Project Coordinator# 3500 $5,586 3540 $6,888 3560 $7,533 Community Services Specialist 4350 $2,643 4390 $3,227 4410 $3,566 Community Services Superintendent* 2536 $6,685 2576 $8,160 2596 $9,016 Community Services Supervisor# 3480 $5,055 3520 $6,173 3540 $6,820 Community Services Technician 4437 $4,081 4477 $4,981 4497 $5,503 Community Theater Producer 4450 $4,354 4490 $5,315 4510 $5,872 Cultural Center Manager* 2536 $6,685 2576 $8,160 2596 $9,016 Deputy City Clerk# 3430 $3,940 3470 $4,810 3490 $5,315 Deputy Dir. of Innovation and Technology* 2558 $7,459 2598 $9,105 2618 $10,062 Deputy Director of Public Works* 2590 $8,750 2630 $10,681 2650 $11,803 Engineering Aide 4421 $3,768 4461 $4,599 4481 $5,081 Engineering Technician 4441 $4,162 4481 $5,081 4501 $5,615 Environmental Programs Coordinator# 3503 $5,670 3543 $6,923 3563 $7,648 Environmental Programs Inspector 2 4464 $4,668 4504 $5,698 4524 $6,296 Environmental Programs Manager* 2539 $6,786 2579 $8,283 2599 $9,152 Attachment 2 Rancho Cucamonga City Employee Association February 20, 2019 Page 225 Minimum Control Point Maximum Monthly Pay Ranges Effective February 20, 2019 Resolution No. 19- MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Event & Rental Services Coordinator 4450 $4,354 4490 $5,315 4510 $5,872 Executive Assistant II# 3444 $4,224 3484 $5,157 3504 $5,698 Executive Assistant1 4394 $3,293 4464 $4,668 4484 $5,157 Facilities Superintendent* 2536 $6,685 2576 $8,160 2596 $9,016 Finance Manager* 2559 $7,496 2599 $9,152 2619 $10,113 Fleet Supervisor#2 3488 $5,261 3528 $6,423 3548 $7,097 Front of House Coordinator 4450 $4,354 4490 $5,315 4510 $5,872 Fund Development Coordinator# 3470 $4,810 3510 $5,872 3530 $6,488 GIS Analyst# 3505 $5,727 3545 $6,993 3565 $7,724 GIS Specialist 4456 $4,486 4496 $5,475 4516 $6,050 GIS Supervisor# 3535 $6,652 3575 $8,119 3595 $8,971 GIS Technician 4436 $4,059 4476 $4,955 4496 $5,475 Human Resources Clerk 4389 $3,212 4429 $3,921 4449 $4,331 Human Resources Manager* 2583 $8,450 2623 $10,314 2643 $11,397 Human Resources Technician 4399 $3,375 4439 $4,120 4459 $4,554 Information Technology Analyst I# 3505 $5,727 3545 $6,992 3565 $7,724 Information Technology Analyst II# 3520 $6,173 3560 $7,533 3580 $8,323 Information Technology Specialist I 4456 $4,486 4496 $5,475 4516 $6,050 Information Technology Specialist II 4471 $4,834 4511 $5,901 4531 $6,520 Information Technology Technician 4411 $3,583 4451 $4,374 4471 $4,834 Librarian I# 3435 $4,040 3475 $4,932 3495 $5,449 Librarian II#3457 $4,508 3497 $5,503 3517 $6,081 Library Assistant I# 3373 $2,964 3413 $3,619 3433 $3,999 Library Assistant II# 3414 $3,638 3454 $4,441 3474 $4,907 Library Clerk 4356 $2,724 4396 $3,325 4416 $3,674 Library Page 4244 $1,558 4284 $1,902 4304 $2,101 Library Page II 4293 $1,990 4333 $2,429 4353 $2,683 Library Services Manager* 2506 $5,757 2546 $7,027 2566 $7,763 Library Technician 4393 $3,275 4433 $3,999 4453 $4,419 Maintenance Supervisor#2 3488 $5,261 3528 $6,423 3548 $7,097 Management Aide 4440 $4,142 4480 $5,055 4500 $5,586 Management Analyst I# 3470 $4,810 3510 $5,872 3530 $6,488 Management Analyst II# 3498 $5,530 3538 $6,753 3558 $7,459 Management Analyst III# 3515 $6,020 3555 $7,348 3575 $8,119 Attachment 2 Rancho Cucamonga City Employee Association February 20, 2019 Page 226 Minimum Control Point Maximum Monthly Pay Ranges Effective February 20, 2019 Resolution No. 19- MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Office Services Clerk 4369 $2,907 4409 $3,548 4429 $3,921 Park/Landscape Maintenance Supt*2 2536 $6,685 2576 $8,160 2596 $9,016 Patron & Events Supervisor# 3480 $5,055 3520 $6,173 3540 $6,820 Payroll Supervisor# 3470 $4,810 3510 $5,872 3530 $6,488 Plan Check & Inspection Manager* 2533 $6,586 2573 $8,038 2595 $8,971 Planning Specialist 4443 $4,203 4483 $5,132 4503 $5,670 Planning Technician 4423 $3,805 4463 $4,644 4483 $5,132 Plans Examiner I 4474 $4,907 4514 $5,990 4534 $6,619 Plans Examiner II# 3488 $5,261 3528 $6,423 3548 $7,097 Principal Accountant* 2532 $6,553 2572 $7,998 2592 $8,837 Principal Engineer* 2567 $7,802 2607 $9,523 2627 $10,522 Principal Librarian* 2495 $5,449 2535 $6,652 2555 $7,348 Principal Management Analyst* 2543 $6,923 2583 $8,450 2603 $9,336 Principal Planner* 2537 $6,719 2577 $8,201 2597 $9,060 Procurement & Contracts Analyst# 3433 $3,999 3473 $4,882 3493 $5,395 Procurement Clerk 4374 $2,980 4414 $3,638 4434 $4,020 Procurement Manager* 2530 $6,488 2570 $7,920 2590 $8,750 Procurement Technician 4411 $3,583 4451 $4,374 4471 $4,834 Public Services Technician I 4413 $3,619 4453 $4,419 4473 $4,882 Public Services Technician II 4423 $3,805 4463 $4,644 4483 $5,132 Public Services Technician III 4443 $4,203 4483 $5,132 4503 $5,670 Public Works Inspector I 2 4444 $4,224 4484 $5,157 4504 $5,698 Public Works Inspector II 2 4464 $4,668 4504 $5,698 4524 $6,296 Public Works Maintenance Manager* 2566 $7,763 2606 $9,476 2626 $10,470 Public Works Safety Coordinator #2 3468 $4,763 3508 $5,814 3528 $6,423 Records Clerk 4358 $2,751 4398 $3,359 4418 $3,711 Records Coordinator 4386 $3,163 4426 $3,863 4446 $4,267 Risk Analyst# 3433 $3,999 3473 $4,882 3493 $5,395 Risk Management Coordinator# 3470 $4,810 3510 $5,872 3530 $6,488 Senior Account Clerk 4395 $3,309 4435 $4,040 4455 $4,463 Senior Account Technician 4446 $4,267 4486 $5,210 4506 $5,757 Senior Accountant# 3498 $5,530 3538 $6,753 3558 $7,459 Senior Animal Services Officer# 3461 $4,599 3501 $5,615 3521 $6,203 Senior Building Inspector#2 3484 $5,157 3524 $6,296 3544 $6,957 Attachment 2 Rancho Cucamonga City Employee Association February 20, 2019 Page 227 Minimum Control Point Maximum Monthly Pay Ranges Effective February 20, 2019 Resolution No. 19- MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES RCCEA COVERED EMPLOYEES IN THE Senior Civil Engineer* 2547 $7,062 2587 $8,620 2607 $9,523 Senior Community Improvement Officer# 3461 $4,599 3501 $5,615 3521 $6,203 Senior Electrician # 3485 $5,184 3525 $6,327 3545 $6,992 Senior Executive Assistant* 2460 $4,576 2500 $5,586 2520 $6,173 Senior GIS Analyst # 3520 $6,173 3560 $7,533 3580 $8,323 Senior Information Technology Analyst# 3535 $6,652 3575 $8,119 3595 $8,971 Senior Information Technology Specialist 4493 $5,395 4533 $6,586 4553 $7,276 Senior Librarian# 3468 $4,763 3508 $5,814 3528 $6,423 Senior Park Planner# 3500 $5,586 3540 $6,820 3560 $7,533 Senior Planner* 2517 $6,081 2557 $7,422 2577 $8,201 Senior Plans Examiner# 3503 $5,670 3543 $6,923 3563 $7,648 Senior Procurement Technician# 3463 $4,644 3503 $5,670 3523 $6,265 Senior Risk Management Analyst# 3515 $6,020 3555 $7,348 3575 $8,119 Senior Special Districts Technician 4443 $4,203 4483 $5,132 4503 $5,670 Senior Veterinary Technician# 3461 $4,599 3501 $5,615 3521 $6,203 Special Districts Analyst# 3498 $5,530 3538 $6,573 3558 $7,459 Special Districts Technician 4437 $4,081 4477 $4,907 4497 $5,503 Street/Storm Drain Maintenance Supt*2 2536 $6,685 2576 $8,160 2596 $9,016 Supervising Public Works Inspector#2 3494 $5,421 3534 $6,619 3554 $7,312 Theater Production Coordinator 4460 $4,576 4500 $5,586 4520 $6,173 Theater Production Supervisor# 3480 $5,055 3520 $6,173 3540 $6,820 Theatre Technician III 4423 $3,805 4463 $4,644 4483 $5,132 Traffic Engineer* 2569 $7,880 2609 $9,619 2629 $10,629 Utilities Division Manager* 2584 $8,492 2624 $10,367 2644 $11,455 Utility Operations Manager* 2524 $6,296 2564 $7,686 2584 $8,492 Veterinarian* 2579 $8,283 2619 $10,113 2639 $11,172 Veterinary Assistant 4407 $3,513 4447 $4,289 4467 $4,738 Veterinary Technician 4437 $4,081 4477 $4,981 4497 $5,503 2. Refer to MOU for provision of boot # Denotes Supervisory/Professional Class * Denotes Management Class 1. When acting as Clerk to Commissions $50 paid per night or weekend day meeting. Compensatory time off Attachment 2 Rancho Cucamonga City Employee Association February 20, 2019 Page 228 Class Title Step Amount Step Amount Step Amount Electrician 5457 $4,508 5497 $5,503 5517 $6,081 Equipment Operator 5425 $3,843 5465 $4,692 5485 $5,184 Inventory Specialist Equipment/Mat 5389 $3,212 5429 $3,921 5449 $4,331 Lead Maintenance Worker 5429 $3,921 5469 $4,786 5489 $5,288 Lead Mechanic 5440 $4,142 5480 $5,055 5500 $5,586 Maintenance Coordinator 5452 $4,397 5492 $5,367 5512 $5,931 Maintenance Worker 5391 $3,243 5431 $3,959 5451 $4,374 Mechanic 5430 $3,940 5470 $4,810 5490 $5,315 Senior Maintenance Worker 5401 $3,409 5441 $4,162 5461 $4,599 Signal & Lighting Coordinator 5479 $5,031 5519 $6,142 5539 $6,786 Signal & Lighting Technician 5452 $4,397 5492 $5,367 5512 $5,931 Minimum Control Point Maximum Monthly Pay Ranges Effective October 29, 2018 Resolution No. 19- PUBLIC WORKS MAINTENANCE EMPLOYEES ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Represented By THE TEAMSTERS LOCAL 1932 Attachment 3 Teamsters Local 1932 February 20, 2019 Page 229 D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:Donny Mahoney, P olice C hief S UB J E C T:S UM M ARY O F P UB L IC S AF E T Y RE S P O NS E T O 2018 HO L ID AY L I G HT S D IS P L AY AND RE C O M M E ND AT IO NS F O R 2019 HO L I D AY S E AS O N. RE COMMENDAT ION: Staf f recommends the City Council receive and file the information presented and provide S taff with direction f or the 2019 holiday season. BACKGROUND: F or more than 20 years the residents of T horoughbred and J ennet Streets have created a visual display of lights during the weeks leading up to Christmas. I n the beginning, the light displays were more modest and visitors were generally limited to city residents or residents of surrounding cities. W ith the advent of social media, the light displays now attract visitors f rom all over Southern C alif ornia. I n fact, through surveying visitors at the Holiday L ights D isplay over multiple days during the 2018 holiday seaons, almost 80% of those surveyed came f rom zip codes outside of Rancho C ucamonga. S ome came as far as Tulare C ounty and S an D iego. Although the C ity provides police and traffic support to manage the crowds and minimize impacts on adjacent neighborhoods, the C ity has always made it clear that it is not an official City-sponsored event. T he large crowds create signif icant public safety and community concerns. Multiple departments are impacted; the Police, Engineering Services, and Public Works S ervices D epartments along with the C ity Manager ’s Of f ice collaborate each year to provide a high level of specialty services to mitigate these impacts and elevate the safety of the residents and visitors, which is quite costly. P lans are reviewed internally and with the community each year in an effort to adapt to the ever-growing event. T he Holiday L ights Display, and the overwhelming crowds it attracts, has created substantial public safety concerns as well as significant impacts on the quality of life f or area residents who are not part of the Holiday L ights Display. Key f indings from past years include: T horoughbred and J ennet Streets and Turquoise Avenue are narrow, two-lane residential streets with no sidewalks and are not intended to handle substantial amounts of vehicular or pedestrian traf f ic. Traffic counts demonstrate a startling number of pedestrians and vehicles, more than 5,000 pedestrians and a 93% increase in vehicular traffic on a weekend night, which creates a dangerous situation for pedestrians and motorists. Pedestrians, including children, are routinely observed traversing back and f orth across the street in between vehicles. At the same time, drivers are distracted by the holiday displays. R esidents in the surrounding neighborhoods experience significant inconveniences from the large volume of visitors such as illegal parking, blocking driveways, litter and human excrement in their Page 230 yards, vandalism, trespassing, noise and the extreme delays in ingress and egress into their residential neighborhoods. I n response to these significant concerns, the Rancho C ucamonga P olice D epartment (R C P D ) recommended that the City transition the Holiday L ight Display into a Drive-T hru Only experience by limiting pedestrian traffic during peak times. A t its March 15, 2017 meeting, the C ity C ouncil held an Administrative Hearing to receive public testimony regarding the consideration to transition. The C ity C ouncil voted 5-0 to give staff direction to move forward with this option and ultimately adopted Ordinance No. 904 adding S ection 10.40.040 to R C MC “Regarding Violations of Temporary Street Closures.” F or the 2018 holiday season, the C ity Council adopted R esolution No. 18-008 at its March 7, 2018 meeting, temporarily closing portions of Thoroughbred and J ennet S treets to pedestrians during peak times of the area’s Holiday L ight Display. Peak times included December 7-9 and D ecember 14-24, 2018 from 5:00 p.m. to 11:00 p.m. T hese peak times were identified due to unsaf e conditions that have been observed in the past. R esidents of the homes on the affected streets and their guests were exempt and able to access the display area on foot or by vehicle. ANALY S IS: F or the second year in a row, R C P D successfully implemented the Drive-T hru O nly Ordinance. Overall, the implementation went smoothly and the changes were again well received by area residents. R C P D and C ity staf f continued to receive positive comments regarding the Drive-T hru Only Ordinance and how it has improved conditions in the areas surrounding T horoughbred and J ennet streets. I n comparing vehicular traffic on the weekend bef ore Christmas between 2018 and 2017 holiday seasons, typically the most congested, there was a 6% reduction in overall traffic in the area, with traffic on S apphire S treet leading up to T horoughbred S treet down by 10% f rom the previous year. D uring the months leading up to the holiday season, R C P D and the C ity’s C ommunity A f f airs D ivision executed an aggressive communications strategy in order to educate the public regarding these changes for the upcoming holiday season. E f f orts include community meetings, information mailings, video announcements and social media posts. E lectronic message board signage were strategically placed in the area announcing the pedestrian restrictions. T he C ity’s Holiday L ights webpage received 48,578 views during the month of December 2018. R C P D also worked with Do I T (the C ity’s D epartment of I nnovation and Technology) to again deploy the online event registration portal, allowing residents within the affected area to register their parties/get- togethers so that their guests can be allowed through the deputy-staf f ed check-in areas. T he residents received information in person and by mail, including a live tutorial by Do I T, regarding how to use the online portal. During the 2018 holiday season, residents within the affected area registered 200 parties/get- togethers during the Drive-T hru Only period. W ith the Drive-T hru O nly transition proving to be an effective strategy in reducing the unsafe conditions and the negative impacts on the surrounding area residents, R C P D is recommending that it again be implemented for the 2019 holiday season. Same as last year, it would be implemented f or a two-week period prior to Christmas, December 15 to December 24, 2019 as well as the prior weekend of D ecember 6-8, 2019. This would allow for both pedestrians and vehicles for nine days in D ecember (D ecember 1-5 and December 9-12). Staf f is seeking C ity Council direction regarding this recommendation. Based on the C ouncil’s direction, Page 231 Staf f will bring back an updated resolution designating the D rive-T hru Only dates at a subsequent C ity C ouncil meeting for the Council’s adoption. FISCAL IMPACT: I n order to properly staff their response, R C P D utilized 2,021 hours in sworn personnel. T he final cost for R C P D ’s response in 2018 was $139,520. I t is anticipated that costs for the 2019 holiday season would be the same as the previous year. COUNCIL GOAL(S) ADDRE S S E D: T his item addresses C ity C ouncil Goal PUBL IC SAF ETY: Transitioning to a Drive-Thru Only experience addresses the critical public safety concerns previously identified. Page 232 From: <skylane075@aol.com> Date: February 16, 2019 at 9:39:23 AM PST To: Fabian.Villenas@cityofrc.us, HolidayLights@cityofrc.us Cc: skylane075@aol.com Subject: Re: Holiday Lights on CC agenda 2/20 Fabian, Unfortunately, due to a prior commitment, I cannot attend the meeting on 2/20/19. I live in the Thoroughbred Holiday Lights Display area. As I cannot be there to address the Council, regarding this topic, can you please pass my comments along to them. I think in 2017 when the "No Walk" policy was originally implemented it was a fair compromise (part of the month walking and part of the month drive-thru only). However, with 2018, they added an extra weekend of drive-thru only (12/7 -12/9). I don't think you need to have that many days as No Walking. It's not fair to the residents in the local area, as well as Rancho Cucamonga as a whole, to not be able to enjoy walking to see the lights. PLEASE DO NOT ADD MORE DRIVE-THRU ONLY NIGHTS. In fact, why not have the first two weekends in December 2019 (12/6, 12/7, 12/8 and 12/13, 12/14, 12/15) as Walking & Driving and the third weekend 12/20, 12/21 & 12/22 as Drive-Thru Only. The weekdays, you can decide to have some Walking and Drive-Thru and then Drive-Thru only during week days the closer you get to Christmas. Also, to save the city some money, why take down the NO PARKING signs each year? The signs state NO PARKING from 12/1 - 12/24, therefore, you could leave them up year round. Thank you for passing my input along. Best, Kim Earl -----Original Message---------------------------------------------------------------------------------------------------------------------------------- From: Villenas, Fabian <Fabian.Villenas@cityofrc.us> To: HolidayLights <HolidayLights@cityofrc.us> Sent: Thu, Feb 14, 2019 6:21 pm Subject: Holiday Lights on CC agenda 2/20 Hello, You are receiving this email as part of your past community meeting attendance and interest in the City’s response to the Thoroughbred Holiday Lights Display. At it’s regularly scheduled meeting on Wednesday, February 20, 2019, the City Council will be receiving a summary of the City’s Public Safety Response to the 2018 Holiday Lights Display by the Rancho Cucamonga Police Department. The item will be on the City Council agenda under Administrative Hearings and will include an opportunity for residents to address the Council regarding this topic. The City Council meeting begins at 7 p.m. and is held in City Council Chambers at the Rancho Cucamonga City Hall at 10500 Civic Center Drive. To view the agenda and report (posted in next 24 hours), please click here. For any other questions regarding the City Council meeting, please feel free to contact me at Fabian.villenas@cityofrc.us. Thank you and have a wonderful day. Fabian Villenas Principal Management Analyst, City Manager's Office City of Rancho Cucamonga 2/20/2019 – City Council Meeting Item I1: Correspondence From: herbert siegmund <siegmundherb@yahoo.com> Sent: Tuesday, February 19, 2019 6:22 PM To: Villenas, Fabian <Fabian.Villenas@cityofrc.us> Subject: Resident 8242 Thoroughbred St. Herb Siegmund Thank you for your Email. It appears I will not be able to attend the City Council meeting on Wed. 20th. My wife and I would like to give you our opinion of the Cities handling of the Christmas lights. I hope you can relay this to the council. We Believe that the Rancho Cucamonga Police Department SB Sheriff's Department. Did an outstanding job in researching and solving a very very hazardous situation. True we have been fortunate over the last year's that there has not been a major incident. I believe it was just a matter of time so did the prior chief of police she was 100% correct to invoke a change of a very dangerous situation on Thoroughbred. Not to mention we are alleviating ever-so-slightly the pressure of this festive event on Neighbors on surrounding streets. I certainly hope there isn't a move to go back to the stressful dangerous way it was. I would also add in the sake of fairness I don't think there should be anybody walking even the people that live on the street. Doesn't quite make sense that people on Rose bud can't walk and we can. In any case thank you Rancho Cucamonga City Council and police department for taking the initiative to make for a safer holiday event. Sincerely Herbert and Cindy Siegmund. Sent from Yahoo Mail on Android 2/20/2019 – City Council Meeting Item I1: Correspondence Response to 2018 Holiday Lights Display & Recommendations for 2019 Holiday Season Background •In February 2018, City Council held public hearing to consider continuing a Drive-Thru ordinance for the Thoroughbred Holiday Lights display. •In March 2018, City Council took action: •Established Drive-Thru Only on December7-9 and 14- 24 from 5 p.m. to 11 p.m. Pedestrians were allowed to walk the loop from December 10-13. •City Resolution 18-008 Findings: •Thoroughbred/Jennet are narrow streets with no sidewalks •Traffic counts confirm a significant public safety concern •More than 5,000 pedestrians. •Pedestrians are intermingled with vehicles + drivers are distracted by light display •Neighborhood Impacts: trash, vandalism, illegal parking, trespassing, traffic, etc. In Preparation of Drive-Thru Transition: •Two neighborhood/community meetings held prior to the start on December 7th. •Deployment Plan developed by the Sheriff’s Department. •Aggressive communications strategy •Mechanism to allow access for residents’ guests through a phone application. Guest Registry Portal •DoIt (Department of Innovation and Technology) developed online guest registry portal for the periods of Drive-Thru only. •Residents instructed on how to use the portal •Over 200 events registered •Effective tool in assisting deputies to determine appropriate access into loop •No complaints reported Community Outreach Efforts 48,578 Website Hits Thoroughbred PSA Video 1st Post : Over 166,000 People Reached 2nd Post : Over 45,000 People Reached Drive-Thru Only Results •Traffic counts also show a decrease during Drive-Thru Only •6% decrease in traffic from the previous year. •Traffic flow improved •An average loop time of 25 minutes •An average time of 1 hour and 10 minutes from Sapphire and Banyan to the exit of the loop. Drive-Thru Only Results •Zip codes collected from random sample visitors December 13- 14 •78% were from outside RC •85 unique zip codes •As far as San Diego & Tulare County Drive-Thru Only Results •2017: 136 moving violation citations issued 162 parking citations issued •2018: 200 moving violation citations issued, most for no use of a child restraint (car seat) 91 parking citations issued 1 citation issued for violating Drive-Thru Only ordinance 1 citation issued for violating food vending laws Drive-Thru Only Results Other Results: •Reduction in Burrtec trash receptacle collection •In 2016, Burrtec collected up to 22.5 tons of trash •2017, 5 tons of trash collected, a portion being non-event related (green waste, etc.) •2018, 5 tons of trash collected, a portion being non-event related (green waste, etc.) •City continues to receive positive emails and comments from area residents. Recommendations for 2019 For 2019 holiday season, seeking City Council direction to: •Implement Drive-Thru Only December 6-8 and 13-24, 2019. D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:Donny Mahoney, P olice C hief J ames Snow, Traf f ic Sergeant B rett Haynes, Traf f ic C orporal S UB J E C T:P UB L I C HE ARING T O C O NS ID E R C E RTAI N F E E S IN T HE P O L IC E D E PART M E NT RE L AT ING T O T O WING S E RV IC E S . RE COMMENDAT ION: Staf f recommends the C ity C ouncil conduct the public hearing and adopt Resolution 19-008. BACKGROUND: T he C ity can impose fees under the authority granted by California G overnment C ode, including the requirement to hold at least one public hearing as part of a regularly scheduled meeting to allow f or public comment on its proposed f ees. Fees are allowed to be imposed in order to recover costs associated with the provision of specific services benefiting the user, thereby reducing the use of General F und monies for such purposes. I n the spring of 2017, the City adopted Ordinance 905 which established a system f or the provision of towing services through the creation of a rotational towing system. T he City had previously used tow carriers selected through the County’s selection process. F ollowing the establishment of R ancho Cucamonga’s ordinance to establish its own tow carrier rotation program, tow carriers were invited to participate in a selection process, and ultimately five (5) companies were selected to participate in the tow rotation through two-year agreements with the C ity. A t that time, the C ity also adopted R esolution 17-037, which established fees paid by tow carriers f or applying to and participating in the tow rotation. ANALY S IS: W ith the current tow services agreements set to expire on J une 30, 2019, the Police D epartment has begun the process of inviting tow carriers to participate in the next selection process. A s part of that process the D epartment has reviewed the program’s f ees and is now recommending certain adjustments, with the goal of improving the level of cost recovery f or the police officer and administrative time associated with the tow program. T he proposed resolution would update the f ees as f ollows: T he Tow S ervice A pplication F ee is the fee potential vendors will pay to participate in the R equest for P roposal (R F P) process for consideration to be included in the Police Department’s tow service Page 233 rotation. T he updated f ee of $2,500 will cover staff costs associated with developing the application process, evaluating carriers and completing inspections of carrier f acilities. T he Tow S ervice F ee is the monthly f ee each selected vendor will pay the city in order to provide tow services on the established rotational basis. O ver the past 2 years, the fee has been set at $5,000 per month. B ased on analysis of cost estimates including the number of hours deputies spend in the field managing tow responses (including completing required documents and overseeing the work of tow company personnel for safety and compliance), as well as support services provided by office staf f compiling related reports, documentation and completing required notif ications, it is the recommendation that the Tow S ervice F ee be increased to $6,000 per month beginning with the new agreements on J uly 1, 2019, and increasing for each of the next two years to $7,000 per month beginning J uly 2020, and then $8,000 per month beginning J uly 2021. I n accordance with G overnment Code S ection 66016, Notice of the P ublic Hearing was advertised in the I nland Daily B ulletin, mailed at least 14 days prior to the meeting to interested parties who filed a written request f or mailed notice, and 10 days prior to the hearing, cost analysis data was available for review in the City Clerk’s Of f ice. FISCAL IMPACT: T he proposed f ees related to the updated tow services program are anticipated to provide additional annual revenue to partially offset P olice D epartment costs related to the towing program. COUNCIL GOAL(S) ADDRE S S E D: T his item supports the Council G oal to enhance public safety by proactively developing public safety programs to meet community needs. AT TAC HM E NT S : D escription Attachment 1 - R esolution No. 19-008 Page 234 RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A FEE SCHEDULE APPLICABLE TO CERTAIN POLICE DEPARTMENT FEES RELATING TO TOWING SERVICES, AND REPEALING RESOLUTION 17-037. A. Recitals. 1. The California Government Code allows the City to establish fees and charges for municipal services, provided such fees and charges do no exceed the estimated reasonable cost to the City in providing the service to which the fee or charge applies. 2. Data indicating the estimated or actual cost to provide each service, for which the fees and charges set forth herein apply, was made available to the public at least ten (10) days prior to the date of the public hearing. 3. On February 20, 2019, City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Resolution. The City Council of the City of Rancho Cucamonga finds and resolves as follows: SECTION 1: The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: The City Council hereby specifically finds that the fees and charges set forth do not exceed the estimated reasonable cost of providing the service for which the fee or charge be levied. SECTION 3: The City hereby adopts the following fees for services performed by the Police Department: Page 235 CITY COUNCIL RESOLUTION NO. 19- FESS FOR VARIOUS CITY DEPARTMENTS AND SERVICES February 20, 2019 Page 2 Title Description Cost Tow Service Application fee The Tow Service Application fee is the fee potential vendors will pay to be considered for inclusion in the Request for Proposal process in the Police Department’s tow service rotation. The fee will cover the costs associated with the application process, evaluating vendors and vendor inspections. $2,500 Monthly Tow Service fee The Tow Service monthly fee is $5,000 per month through June 30, 2019; $6,000 per month beginning July 1, 2019; $7,000 per month beginning July 1, 2020; and $8,000 per month beginning July 1, 2021. The tow service fee is paid the amount each tow carrier will pay the city to provide tow services. $5,000/ $6,000/ $7000/ $8,000 SECTION 4: Resolution 17-037 is hereby repealed. SECTION 5: The City Clerk shall certify to the adoption of the Resolution. Page 236 CITY COUNCIL RESOLUTION NO. 19- FESS FOR VARIOUS CITY DEPARTMENTS AND SERVICES February 20, 2019 Page 3 PASSED, APPROVED, AND ADOPTED this _____ day of _____________, 2019. AYES: NOES: ABSENT: ABSTAINED: ___________________________ L. Dennis Michael, Mayor ATTEST: _________________________ Janice C. Reynolds, Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 20th day of February 2019. Executed this ____ day of __________ 2019 at Rancho Cucamonga, California. ________________________ Janice C. Reynolds, Clerk Page 237 D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:J ason C . Welday, D irector of E ngineering Services/C ity Engineer S UB J E C T:C O NS ID E RAT I O N O F A RE S O L UT IO N O F NE C E S S I T Y D E C L ARI NG C E RTAIN C IT Y-O WNE D RE AL P RO P E RT Y INT E RE S T S, P RE V IO US LY AC Q UIRE D AS A P O RT IO N O F S AN B E RNARD I NO C O UNT Y AS S E S S O R’S PARC E L NUM B E R 0209-131-01, NE C E S S ARY F O R P UB L IC P URP O S E S I N C O NNE C T I O N WIT H AND T O AL L O W F O R T HE E S TAB L IS HM E NT AND M AI NT E NANC E O F A P UB L IC UT I L IT Y FAC IL I T Y L O C AT E D O N T HE NO RT HWE S T C O RNE R O F HAV E N AV E NUE AT J E RS E Y B O UL E VARD. P UB L I C HE ARING HAS B E E N C ANC E L L E D. T HI S I T E M WI L L NO T B E HE ARD AT T HIS T I M E . I NT E RE S T E D PART I E S HAV E B E E N NO T I F IE D O F C ANC E L L AT I O N. RE COMMENDAT ION: N/A BACKGROUND: N/A ANALY S IS: N/A FISCAL IMPACT: N/A COUNCIL GOAL(S) ADDRE S S E D: N/A Page 238 D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:Tamara L . L ayne, F inance D irector S UB J E C T:C O NS ID E RAT I O N T O RE C E I V E AND F I L E M ID Y E AR F INANC IAL UP D AT E F O R T HE S I X M O NT H P E RIO D E ND E D D E C E M B E R 31, 2018 AND T O AP P RO V E M ID Y E AR AD D I T I O NAL AP P RO P RI AT I O NS . RE COMMENDAT ION: Staf f recommends that the C ity Council receive and file the attached Midyear Financial Update for the six month period ended December 31, 2018 and approve midyear additional appropriations. BACKGROUND: On a quarterly basis, the F inance D irector provides the City Council with a brief update on the budgetary performance of the C ity’s operating f unds which include the C ity G eneral F und (F und 001), the L ibrary F und (Fund 290), and the F ire D istrict Operating F unds (Funds 281, 282, and 283). At the midyear point, staf f conducts an analysis of the City operating budget which includes detailed inquiries of the various C ity departments. D uring these inquiries, budgetary needs may be identif ied that require more timely attention than the A mended Budget process may provide. A s a result, additional appropriations may be requested of the City Council in conjunction with the Midyear F inancial Update. ANALY S IS: T he Midyear Financial Report provides budget and year-to-date actuals (including encumbrances) of both revenues and expenditures for the City’s operating f unds. Overall, the City’s operating budget for expenditures is perf orming well as of midyear and is consistent with the prior year. P roperty tax in-lieu of V L F revenue is anticipated to exceed budget while our Transient Occupancy Tax (TO T ) revenues are anticipated to come in less than anticipated due to the timing of the construction of two hotels in the City. However, the City’s occupancy rates and average daily rates continue to grow over the prior year. Overall, however, the local economy remains solid with good employment growth and increasing housing prices. Generally, revenues are on track or slightly ahead of projections and expenditures are on track with or slightly below historical norms. I n order to ensure that sufficient f unding is available for all known expenditures as of midyear, staff is requesting the City Council approve the additional appropriations detailed in the table below: AD D IT IO NAL F IS C AL Y E AR 2018/19 AP P RO P RIAT IO NS Org Key D escription Object D escription Amount 1025001 C apital R eserve F und 5200 O & M; f ire damage recovery $ 166,340 1174303 Gas Tax F und 5300 C ontract S ervices; traf f ic counts $ 5,000 1227303 Used Oil R ecycling P rogram 5005 Overtime; staf f ing HHW F acility $ 9,000 Page 239 F und 1290604 L ibrary F und-B ookmobile Services 5604 C apital Outlay-Vehicles; ref urbish B ookmobile $ 75,000 1700312 Sports C omplex F und 5304 C ontract S ervices; additional guards post-fire incidents $ 41,340 1705303 R C MU F und 5312 L egal S ervices $ 25,000 FISCAL IMPACT: T he net impact across all funds requiring additional appropriations is an increase of $321,680 in expenditures. COUNCIL GOAL(S) ADDRE S S E D: N/A AT TAC HM E NT S : D escription Attachment 1 - Midyear F inancial Update Page 240 City of Rancho Cucamonga Midyear Financial Update Six Month Period Ended December 31, 2018 P a g e 1 | 4 OVERVIEW This report summarizes the City’s overall financial position for the current fiscal year through Decem ber 31, 2018. The focus of this report is the City’s operating budget which is comprised of the City General Fund, the Library Fund, and the Fire District Operating Funds. The revenue projections and budgets include necessary adjustments for encumbrances, carryovers, and any supplemental appropriations made by the City Council as of December 31, 2018. GENERAL FUND General Fund Financial Condition. With 50% of the year complete, General Fund expenditures are at 43% of projections (consistent with the prior year) and revenues are at 30% (consistent with the prior year). Revenues are typically less during the first half of the fiscal year as a number of the more significant items, including franchise fees and fourth quarter sales tax, are not received until the second half of the fiscal year. Both expenditures and revenues are explained in more detail below. The expenditures budget and YTD actual figures above include carryover purchase orders from the prior fiscal year. Excluding the carryover purchase orders and the planned usage of reserves to purchase dental/x-ray equipment for the Animal Center, the City adopted a balanced budget for Fiscal Year 2018/19. Expenditures. The YTD actual figure above for expenditures incorporates all General Fund divisions, including non-departmental divisions such as General Overhead. For purposes of departmental analysis, these non-departmental divisions are excluded from the chart on the right which summarizes budgetary performance by department. Departmental operating expenditures (including outstanding purchase orders/encumbrances) are generally consistent with the prior year and on target as of midyear. Factors contributing to a slightly higher percentage expended/encumbered in some departmental budgets include the following: 1) some contracts cover the entire fiscal year and must be fully encumbered with a purchase order at the beginning of the fiscal year; and 2) certain overhead cost allocations are completely allocated at the beginning of the fiscal year. Additionally, the Economic and Community Development Department has a large carryover purchase order included in their YTD figure for the preparation of a conceptual design and mixed-use zone refinements for the Foothill Corridor, causing their percentage expended/encumbered to be higher than normal. General Fund Budget* YTD Actual* Percent Revenues 83,919,400$ 24,869,768$ 30% Expenditures 85,345,920$ 36,988,118$ 43% *Includes carryover purchase orders. Page 241 City of Rancho Cucamonga Midyear Financial Update Six Month Period Ended December 31, 2018 P a g e 2 | 4 Records Management is at 22% expended/encumbered as of midyear compared to 40% in the prior year due to the 2018 Municipal Election costs not being billed yet from the County Registrar of Voters. Once these costs have been billed and paid, the Department will be at 47% expended/encumbered which is consistent with the prior year. Some savings may occur by the end of the fiscal year due to personnel vacancies for a portion of the year as well as lower than anticipated electricity charges due to the continued benefits provided by the installation of solar panels at City facilities. These overall savings will be partially offset by other cost increases in part-time salaries, overtime, and contract services for backfilling of vacant positions. Costs for legal services will also be more than anticipated due to increased litigation, liability claims and personnel related issues requiring additional legal resources this fiscal year. Top Seven Revenues. The City’s top seven revenues account for about 92% of total General Fund revenues (consistent with the prior year). Following is a summary of these revenues as of midyear: Sales Tax. Revenues as of the six months ended December 31, 2018 are at 35% of budget (compared to 33% in the prior year). The percentage is lower than 50% as of midyear due to the timing of our receipts from the State and the County. As of midyear, we have received four months’ allocation of sales tax revenues from the State and five months’ allocation of Prop 172 revenues, which is consistent with the prior year. In the first quarterly update previously provided to Council, it was noted that the CDTFA transitioned to a new software platform for its sales tax revenue collection in May 2018. Due to issues with the software implementation, actual receipts for sales tax were significantly below estimates for the second quarter of 2018 and were anticipated to continue to be understated for the third quarter of 2018. However, the City’s sales tax consultant disclosed with its preliminary review of third quarter sales tax totals that it appears CDTFA has allocated most of the missing/delayed payments from the past two quarters and these payments are reflected in the third quarter totals. Staff will be meeting with its consultant in mid-February to review the third quarter results in detail and will provide a verbal update on this issue at the February 20th City Council meeting. Modest growth over the prior year is anticipated for the City’s sales tax base. General Consumer Goods continues to be the strongest sales tax group for the City, followed by Restaurants and Hotels, then Business and Industry. Vehicle License Fees (VLF). As of midyear, we have not received a disbursement of VLF from the State which is consistent with the prior year. The VLF relates to excess amounts collected by the State for the prior fiscal year, and it has typically been received during the third quarter of our fiscal year. We will receive property tax in-lieu of VLF from the County in January and May. This revenue source is anticipated to exceed budget by $212,850 based on information provided by our property tax consultant. Franchise Fees. We will not receive the largest components of franchise fee revenues – payments from Southern California Edison and Southern California Gas Company – until April 2019. Franchise fees from waste management and cable are remitted approximately 30 days after the end of each quarter. These revenues are generally in line with overall budget estimates for this point in the fiscal year. Top Seven Revenues Budget YTD Actual % Received Sales Tax 30,954,480 10,890,655 35% Vehicle license fees* 19,229,430 - 0% Franchise fees 6,963,600 1,590,187 23% Property tax 9,023,180 2,965,540 33% Development fees 3,830,000 2,527,994 66% Business licenses 2,717,200 1,387,414 51% Trans. occupancy taxes 4,505,800 1,937,030 43% *Includes Property tax in-lieu of VLF Page 242 City of Rancho Cucamonga Midyear Financial Update Six Month Period Ended December 31, 2018 P a g e 3 | 4 Property Tax. The first major apportionment of taxes occurred in December. Included in the property tax budget is post-RDA property tax revenue of $2,041,430. This portion of the City’s property taxes will be received in January and June as part of the County of San Bernardino’s distribution of the Redevelopment Property Tax Trust Fund (RPTTF). It is anticipated that overall property tax revenues will be in line with budget as of fiscal year end. Development Fees. Development revenues are coming in as anticipated with collection percentages ranging from 41% to 46%, with the exception of Engineering Fees. As of midyear, Engineering Fees are at 150% of budget. It is anticipated that by the end of the fiscal year, revenues will exceed the Adopted Budget by $700,000 due to current and anticipated projects. It should be noted that development fees are not received in a linear or proportional manner throughout the fiscal year. Business Licenses. Business license revenues are on track with projections. The peak of the renewals is not received until January. Transient Occupancy Taxes. Of the two hotel projects under construction during this fiscal year, one opened just at the midyear point but was budgeted for a full year’s worth of TOT revenue. The other was budgeted to generate three months of TOT revenue but will not open until next fiscal year. As a result, TOT revenues will be less than anticipated due to both projects not finishing within the timeline that was originally anticipated. Overall, the City’s various hotels are performing well with occupancy rates averaging 84% (up more than 2% over the prior year) and average daily rates up more than 4% over the prior year. LIBRARY FUND Library Fund Financial Condition. As of midyear, Library revenues are at 37% of projections (compared to 55% in the prior year) and expenditures are at 55% (compared to 52% in the prior year). The higher revenue collection percentage in the prior year is due to the timing of the County’s payment of the statutory passthrough from RPTTF. As noted previously, the first installment is usually received in January and it was received in December in the prior year. Property tax makes up approximately 87% of the Library Fund’s revenues (compared to 85% in the prior year). As noted above, the first major apportionment of taxes occurred in December. The Library’s property tax revenues, however, also include a statutory pass-through from the former Redevelopment Agency. This pass-through represents approximately 36.5% of the Library’s property tax revenues and will be received in January and June as part of the County’s distribution of the Redevelopment Property Tax Trust Fund (RPTTF). Also included in the property tax budget is post-RDA property tax revenue of $140,340. These revenues are also distributed from the RPTTF. Library expenditures are on target as budgeted. As in the General Fund, expenditures are slightly higher than 50% as of midyear due to the fact that some contracts cover the entire fiscal year and must be fully encumbered with a purchase order at the beginning of the fiscal year, and certain overhead cost allocations are completely allocated at the beginning of the fiscal year. Although not originally budgeted, the Library will be utilizing its capital reserves to refurbish its Bookmobile during the second half of the fiscal year. Library Fund Budget* YTD Actual* Percent Revenues 5,131,078$ 1,904,612$ 37% Expenditures 5,192,495$ 2,867,814$ 55% *Includes carryover purchase orders. Page 243 City of Rancho Cucamonga Midyear Financial Update Six Month Period Ended December 31, 2018 P a g e 4 | 4 FIRE DISTRICT Fire District Financial Condition. With 50% of the year complete, Fire District operating revenues are at 44% of projections (compared to 54% in the prior year) and expenditures are at 49% (consistent with the prior year). The revenue collection percentage was higher in the prior year due to the earlier than expected payment of the Fire District’s share of RPTTF. See additional discussion regarding property taxes below. Property tax comprises approximately 91% of the Fire District’s operating revenues (consistent with the prior year) which includes the General Fund, CFD 85-1, and CFD 88-1. The first major apportionment of taxes occurred in December. Included in the property tax budget is post-RDA property tax revenues of $5,761,500. This amount represents a statutory pass-through from the former Redevelopment Agency. The full amount of the pass-through is allocated on a percentage basis between the Fire District’s operating funds and its capital fund based upon the operating budget needs of the Fire District each fiscal year. As noted above, RPTTF revenues will be received in January and June. The Fire District’s expenditures are on track as of midyear, with some salary savings anticipated due to personnel vacancies for a portion of the year. SUMMARY Overall, the City’s operating budget for expenditures is performing well as of midyear and is consistent with the prior year. Generally, revenues are on track or slightly ahead of projections and expenditures are on track with or slightly below historical norms. Fire District Budget* YTD Actual* Percent Revenues 35,859,340$ 15,956,887$ 44% Expenditures 35,872,510$ 17,599,558$ 49% *Includes carryover purchase orders. Page 244 City of Rancho Cucamonga Fiscal Year 2018/19 Operating Budget Midyear Financial Update Presented to the City Council February 20, 2019 Operating Budget •Comprised of: •City General Fund •Library Fund •Fire District Operating Funds •Fire Fund •CFD 85-1 •CFD 88-1 •Midyear Financial Update covers activity through December 31, 2018 General Fund Snapshot * Includes carryover purchase orders Top Seven Revenues * Includes Property tax in-lieu of VLF Top Seven Revenues (cont’d) •Sales tax (YTD Actual $10,890,655; 35% received) •First quarterly update noted CDTFA transitioned to a new software platform for its sales tax revenue collection in May 2018 •Issues were encountered with software implementation •Actual receipts for sales tax were significantly below estimates due to missing or delayed payments •Appears majority of issues resolved for 1Q2018 and 2Q2018 with a lesser amount pending for 3Q2018 •Adjusted sales tax receipts indicate modest growth over the prior year Top Seven Revenues (cont’d) •Vehicle License Fees (VLF) (YTD Actual $0) •As of current date, no VLF has been received from the State which is consistent with prior year •The VLF relates to excess amounts collected by the State for the prior fiscal year, and it has typically been received during the third quarter of our fiscal year •Property tax-in-lieu of VLF is received after midyear •Anticipated to exceed budget by $212,850 Top Seven Revenues (cont’d) •Property Tax (YTD Actual $2,965,540; 33% received) •Overall, property tax revenues will be in line with budget as of fiscal year end •Franchise Fees (YTD Actual $1,590,187; 23% received) •Largest components received in April for gas and electric utilities •Franchise fees from waste management and cable are generally in line with budget Top Seven Revenues (cont’d) •Transient Occupancy Taxes (YTD Actual $1,937,030; 41% received) •Of the two hotel projects under construction during this fiscal year: •One opened at the midyear point but was budgeted for a full year’s worth of TOT revenue •The other was budgeted for three months of revenue but will not open until next fiscal year •As a result, TOT revenues will be less than anticipated •Overall, the City’s various hotels are performing well with occupancy rates averaging 84% (2% growth over prior year) and ADR up more than 4% over the prior year Top Seven Revenues (cont’d) •Development Fees (YTD Actual $2,527,994; 66% received) •Coming in as anticipated, with collection percentages ranging from 41% to 46%, with the exception of Engineering Fees •As of midyear, Engineering Fees are at 150% of budget •Anticipate revenues will exceed Adopted Budget by $700,000 due to current and anticipated projects •Business Licenses (YTD Actual $1,387,414; 51% received) •On track with projections Departmental Expenditures *Central Services Departments Departmental Expenditures (cont’d) •Generally on target as of midyear •Factors contributing to slightly higher percentage expended/encumbered: •Annual contracts fully encumbered at beginning of year •Certain overhead cost allocations completely allocated at beginning of year •Also, the Economic and Community Development Department had a carryover purchase order for the preparation of a review and refinements to the mixed-use zone requirements for southern Rancho Cucamonga. The study is currently in DRAFT form and not yet complete. Departmental Expenditures (cont’d) •Records Management is at 22% expended compared to 40% in the prior year due to the 2018 Municipal Election costs not being billed yet from the County Registrar of Voters •After the billing, the Department will be 47% expended Departmental Expenditures (cont’d) •Central services departments have a slightly lower percentage expended/encumbered as of midyear due to full allocation of City’s Cost Allocation Plan (CAP). •CAP allocation results in a net reduction to the central services departments’ General Fund budgets •CAP allocation increased slightly (2.75%) from prior year •These costs have been allocated to non-General Fund sources Departmental Expenditures (cont’d) •Potential savings by end of fiscal year •Salary savings due to personnel vacancies •Reduced electric utility costs due to installation of solar panels at City facilities •Partially offset by cost increases in part-time salaries, overtime, and contract services for backfilling of vacant positions •Costs for legal services will be more than anticipated due to increased litigation, liability claims and personnel related issues requiring additional legal resources Library Fund Snapshot * Includes carryover purchase orders Library Fund Snapshot (cont’d) •Property tax makes up approximately 87% of the Library’s budget •Includes a statutory pass-through from the County RPTTF received twice per fiscal year (previously distributed by the former Redevelopment Agency) •Pass -through represents 36.5% of property tax revenue •Includes additional post-RDA property tax revenues due to elimination of former RDA (3.2% of property tax revenue) Library Fund Snapshot (cont’d) •Revenues and expenditures should be in line with budget as of fiscal year end •Although not originally budgeted, the Library will be utilizing its capital reserves to refurbish its Bookmobile during the second half of the fiscal year •The Bookmobile was originally budgeted for full replacement in the prior year Fire District Operating Funds Snapshot * Includes carryover purchase orders Fire District Operating Funds Snapshot (cont’d) •Property tax makes up approximately 91% of the Fire District’s budget (consistent with prior year) •Includes post-RDA property tax revenues due to elimination of RDA •Allocation of post-RDA property tax between operating and capital funds will be shifted more toward capital by fiscal year end due to projected revenue growth in the District Fire District Operating Funds Snapshot (cont’d) •Recurring Fire District revenues are anticipated to be slightly more than budget due to higher than anticipated growth in the District’s assessed valuation and increased reimbursements for strike teams •Recurring expenditures are on track as of midyear, with some salary savings anticipated due to personnel vacancies for a portion of the year Summary •Overall, the City’s operating budget is performing well as of midyear and is consistent with the prior year •Generally, revenues are on track with, or slightly ahead of, projections and expenditures are on track with, or slightly below, historical norms D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:E lisa C . Cox, D eputy C ity Manager F abian Villenas, Principal Management Analyst S UB J E C T:C O NS ID E RAT I O N O F T HE 2019 L E G I S L AT IV E P L AT F O RM . RE COMMENDAT ION: Staf f recommends the C ity C ouncil adopt the attached 2019 L egislative P latform. BACKGROUND: Each year, there are a multitude of bills introduced in the S tate L egislature and U.S C ongress that directly impact the operations of municipal government. O f ten, the C ity needs to take a position on a particular piece of legislation that will have an impact on the C ity or local government in general. City staf f carefully monitors pending state and f ederal legislation and once a position is adopted, staf f works closely with the C ity Council to advocate on behalf of the C ity to members of the State L egislature, the G overnor’s of f ice, members of C ongress or various state and federal agencies. T he 2019 L egislative P latform serves as an outline and ref erence guide for legislative positions and objectives that shape the actions of both City Council and staff. I t is the foundation of a focused advocacy strategy with the primary objective of adopting official C ity positions on clearly stated legislative issues at the start of the legislative session. I t encourages collaboration with the L eague of C alif ornia Cities and other local agencies in supporting the C ity’s diverse legislative interests. T he C ity of R ancho C ucamonga does not typically address matters that are not pertinent to local government services or duties, such as socially divisive, partisan, or international affairs. T he L egislative Platf orm is adopted on an annual basis and directs the City’s L egislative Program through the incorporation of key strategic actions that include the communication of legislative positions on proposed Federal, State, and C ounty legislation, measures, initiatives, and governmental regulations, as well as the pursuit of F ederal, State, and County funding f or City projects, services, and programs. T he attached 2019 L egislative P latform builds upon this foundation and has been updated to reflect issues that are anticipated to continue or emerge throughout the upcoming legislative session. I ssues that have been resolved or are no longer relevant are typically removed. T he L egislative P latf orm is continually reviewed using the goals and objectives of the C ity Council, a review of legislative priorities from the L eague of C alif ornia C ities and other regional agencies, research of Page 245 current law and pending legislation, as well as input from City departments, local legislative staff, and the C ity’s legislative advocates. ANALY S IS: F or the 2019 L egislative P latform, staff has taken a comprehensive approach to updating and restructuring the document. S taff carefully analyzed each legislative position for redundancy and relevancy; when overlap was f ound, positions were either removed or consolidated with other existing positions in the Platf orm. T he 2019 L egislative Platf orm was also restructured to ref lect a more overarching principle- based approach. F or example, new categories include good governance, quality of life, housing and land use, and community investments. T hese changes streamline the L egislative Platf orm into a more concise and comprehensive document. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRE S S E D: MI D A ND L O NG R A NG E P L A NNI NG T he L egislative A dvocacy Program supports the C ity’s long term goals by advocating for its interests at the F ederal & State level. AT TAC HM E NT S : D escription Attachment 1 - 2019 L egislative P latform Page 246 Page 1 of 6 2019 LEGISLATIVE PLATFORM The 2019 Legislative Platform provides a framework for the City of Rancho Cucamonga’s Legislative Program and serves as the foundation of a focused advocacy strategy and reference guide for legislative positions and objectives that provide direction for the City Council and staff throughout the year. The Legislative Platform allows the City Council to adopt official City positions on clearly stated legislative issues at the start of the legislative session, providing clear direction at the beginning of the legislative session on pertinent legislative issues. STATE PRIORITIES GOOD GOVERNANCE Support Efforts To: Restore sustainability of Public Pension benefit plans by implementing reform measures such as modifying retirees’ COLA increases, permitting cities to modify benefits prospectively for active employees, and limiting the practice of divestment. Support sales tax reform which recognizes recent legal changes that affect the collection of sales tax from on-line out-of-state entities, modernizes the tax structure to reflect the increasing use of e-commerce, and considers consumption of personal or retail services so that sales tax is equitably distributed to those communities where the purchase is made and those communities which are part of the supply chain or have a physical presence or impact. Streamline environmental processing for regulatory permits issued by Caltrans and various other state and federal agencies for the purpose of expediting public infrastructure developments. Oppose Efforts To: Require local agencies to unreasonably provide additional paid leaves of absence to specified employee groups for workplace injuries. Place additional requirements pertaining to mandatory employee orientations. Put cities at a disadvantage in the collective bargaining process, impose binding arbitration or circumvent the collective bargaining process between cities and employee groups. Make changes that would unreasonably increase employer liability and costs for workers’ compensation or unemployment compensation. Limit local authority by making it more onerous for cities to contract for various services. Page 247 Page 2 of 6 Impose State mandated costs for which there is no guarantee of local reimbursement or offsetting benefits. Pre-empt or reduce local discretion over locally raised revenues. QUALITY OF LIFE Support Efforts To: Provide cities with resources and the authority to address and prevent homelessness. Equitably distribute Cap and Trade revenues in all areas of the state more commensurate with each community’s burden in meeting the state’s overall GHG reduction goals. Allocate greater portions of Cap and Trade revenues for projects located outside of, but still benefit disadvantaged communities as defined by CalEnviroscreen. Assist municipal utilities in meeting the state’s Renewable Portfolio Standard (RPS) goals including classifying Distributed Generation as a “Category 1” RPS resource, recognize hydropower as a domestic renewable resource and counting out-of-state renewables, such as wind, solar and geothermal resources, towards meeting the RPS goals. Incentivize energy storage and micro-grid technologies that makes the transition to renewable energy more financially attractive and help meet the state’s 2030 gHg emission targets. Address criminal justice concerns created by the passage of AB 109, Proposition 47 and Proposition 57, which reduced jail time served, reclassified certain crimes from felonies to misdemeanors, and took away the ability to take into account an individual’s criminal history. Prohibit drones from interfering with a firefighting operation or other public safety response. Provide cities with greater authority to regulate the number and location of community care facilities and sex offender and parolee reentry housing. Improve interoperability of regional voice and data communications equipment. Encourage the treatment of municipal wastewater for non-potable reuse and promote the development of reasonable regulations to encourage and maximize the responsible use of reclaimed water as an alternative to California’s fresh water supply. Promote and fund programs to combat pet overpopulation, increase pet adoptions and spay/neuter programs and educate citizens on the dangers and nuisance of roaming, uncontrolled animals and other animal control issues that risk public health and safety and quality of life. Fund critical court services and provide funding consistent with court workloads. Oppose Efforts To: Page 248 Page 3 of 6 Erode the local control provisions provided to cities and counties through the Medical Marijuana Safety Act and the Adult Use of Marijuana Act. HOUSING AND LAND USE Support Efforts To: Strengthen and protect local control/home rule for local decision making on land use and zoning matters. Streamline and improve the CEQA process. Restore a viable form of tax increment financing to advance transit-oriented development, build affordable and workforce housing, improve jobs/housing balances, and revitalize local communities. Preserve local authority when addressing housing production and affordability and ensure housing development is consistent with local housing elements, design standards and community interests. Provide opportunities for cities to receive sufficient revenue in order to help ensure that any new residential development generates enough revenue to cover the provision of municipal services that it would require. Establish a real, substantial and ongoing source of funding for affordable housing options. Preserve municipal authority and local land use decisions over the public right-of-way and ensure fair and reasonable compensation for use of the right-of-way. Oppose Efforts To: Punish cities that did not meet its RHNA housing goals by threatening to take away its allocation of SB 1 transportation funds. Regulate large freight facilities without providing a balanced approach between reducing air pollution and ensuring the economic vitality of the logistics industry. Require local governments to lease out public property to the telecommunications industry, limit how much cities can charge for a lease, eliminate the ability for cities to negotiate public benefits and prevent the public’s input and full discretionary review for the installation of “small cell” wireless equipment. Require cities to modify their permitting process or establish set timeframes for inspecting and approving local projects. Impose additional affordable housing production mandates without necessary funding to support said housing mandate. Impose a mandatory cap on local parking standards in transit intensive areas. Limit public engagement, design and environmental review related to housing projects. Page 249 Page 4 of 6 COMMUNITY INVESTMENTS Support Efforts To: Protect local government revenue sources and the provisions of Proposition 1A – Protection of Local Government Revenues. Support legislation/initiatives that ensure that all local funding sources remain a dedicated revenue source for local governments. Attain Prop 68 funding for the build-out of Central Park and other park improvements. Provide enhanced funding for library programs and resources. Provide cities with funding and resources in order to build capacity for increasing climate resiliency. Build the Foothill Gold Line Extension to the Ontario International Airport along alignments that utilize the existing Metrolink infrastructure north of and parallel to 8th Street as well as the existing San Bernardino County Flood Control right-of-way for the Cucamonga or Deer Creek Channels and include a station in Rancho Cucamonga. Recognize the importance of San Bernardino County to the overall goods movement systems as part of any statewide investment plan in transportation. Provide a long-term, sustainable funding source for critically needed technological upgrades and the continued operation of the emergency 9-1-1 system. Provide funding for the reimbursement of costs associated with pre-positioning first responders, fire apparatus and equipment in advance of identifiable risks. Provide funding support for disaster preparedness, Homeland Security, wildfire response, disaster response operation costs and other local emergency management and law enforcement activities. Provide resources and funding opportunities related to wildfire prevention and wildfire response. Provide funding for the identification, acquisition, maintenance and restoration of historic sites and structures. Oppose Efforts To: Pass legislation that would authorize a multi-county ballot measure increasing the sales and use tax and potentially jeopardizing the renewal of critical Measure I transportation funding. Page 250 Page 5 of 6 FEDERAL PRIORITIES GOOD GOVERNANCE Support Efforts To: Streamline the current sales tax remittance process to grant states and localities the authority to enforce existing laws on remote online retailers that have otherwise enjoyed a competitive advantage against brick-and-mortar retail stores. Increase federal investment in goods movement infrastructure that recognizes Southern California and San Bernardino County’s position as the nation’s gateway for containerized freight. Streamline federal reporting/monitoring requirements in order to reduce project delivery times without comprising critical oversight mechanisms. Increase FHA home loan limits in order to accurately reflect the region’s skyrocketing home values and make home ownership more attainable. Streamline environmental processing for federal regulatory permits issued by the US Army Corp of Engineers, US Fish & Wildlife Service, Federal Highway Administration and various other state and federal agencies for the purpose of expediting public infrastructure projects. Take into account the economic impacts of proposed endangered species listings, as well as provide for a streamlined process for the delisting of species no longer threatened or endangered. Oppose Efforts To: Eliminate the tax exempt status of municipal bonds and proposals to cap the investor tax deduction on municipal securities investments. Allow online travel companies to circumvent remittance of transient occupancy taxes to local governments from hotel reservations purchased using the internet. Limit or prohibit the creation of municipally-owned broadband internet service provision and/or infrastructure. QUALITY OF LIFE Support Efforts To: Support the creation of new funding opportunities at the federal, state and local level to assist cities in providing creative and sustainable solutions to address homelessness. Provide local governments with the authority and resources to restrict illegal birthing houses. Make modifications to the COPS Hiring Program grant in order to provide a greater federal Page 251 Page 6 of 6 cost share of the deputies’ salary and provide equitable opportunities for suburban communities to be competitive in the grant application process. Oppose Efforts To: Eliminate and/or defund the Institute of Museum and Library Services (IMLS) and the National Endowment of Arts (NEA). Cut funding for critical law enforcement programs such as the Byrne/JAG and COPS programs. COMMUNITY INVESTMENT Support Efforts To: Attract funding to provide for museum-quality exhibits at the second floor of the Rancho Cucamonga Library. Provide funding for the development of an Advanced Traffic Management System. Invest in regional rail connectivity to Ontario International Airport. Attract federal resources for the preservation and management of Cucamonga Canyon. Increase funding for disaster preparedness, prevention, recovery, and response for all hazard threats, including investment in assisting communities with necessary upgrades to existing flood control systems. Provide a dedicated funding source for Safe Routes to Schools programs. Oppose Efforts To: Eliminate or reduce funding for Community Development Block Grant (CDBG) and HOME programs. Allow for a more streamlined application process and for greater flexibility of local appropriation and use of monies. Sell the transmission assets of the Department of Energy’s Power Marketing Administration, which would threaten the allocation of Hoover Dam hydropower the Rancho Cucamonga Municipal Utility receives. Page 252 D AT E : F ebruary 20, 2019 T O:Mayor and Members of the City Council F RO M :J ohn R . Gillison, C ity Manager INIT IAT E D B Y:E lisa C ox, Deputy City Manager E rika L ewis-Huntley, Management A nalyst I I I S UB J E C T:C O NS ID E RAT I O N T O AP P RO V E T HE AP P O I NT M E NT S O F T WO M E M B E RS T O T HE P UB L IC ART C O M M I T T E E . RE COMMENDAT ION: Staf f recommends that the C ity Council approve the appointment of P lanning Commissioner L ou Munoz and the re-appointment of C ommunity and A rts F oundation Board Member L inda Bryan to the P ublic Art C ommittee. BACKGROUND: T he City C ouncil, at its regular meeting on J une 21, 2017, adopted Ordinance No. 912, amending the R ancho C ucamonga Municipal Code regarding creative placemaking through public art. P ertinent to implementation of the ordinance was the formation of the Public Art Committee which is composed of f ive (5) members appointed by the C ity C ouncil as follows: (i) one member of the Planning C ommission; (ii) one member of the Community and Arts F oundation; and (iii) three members of the public appointed based on relevant work experience, trade, industry, or expertise. Duties include advising the City Council regarding the selection, purchase, placement, and maintenance of art installed by the C ity or on C ity property, and expenditures f rom the C ity of R ancho Cucamonga P ublic Art Trust F und. ANALY S IS: Public A rt Committee members serve a term of two (2) years, except f or the two (2) initial appointments from the Planning C ommission and the C ommunity and Arts F oundation that were for one (1) year in order to create a staggering of terms to assure continuity of committee membership. The terms of the initial appointments f rom the P lanning Commission (C ommissioner Rich Macias) and Community and Arts F oundation (B oard Member L inda B ryan) ended in December 2018. P lanning Commissioner L ou Munoz and Community and Arts Foundation B oard Member L inda B ryan have been selected to serve on the Public A rt Committee for a term of (2) years (F ebruary 2019-F ebruary 2021). T he f ollowing is a complete list of the f ive (5) committee members of the P ublic Art C ommittee: L ou Munoz, Planning C ommissioner (Term 2/2019-2/2021) L inda Bryan, Community and A rts F oundation Member (Term 2/2019-2/2021) J ohn L . Machado J r., Member of the Public (Term 12/2017-12/2019) Page 253 L eslie Matamoros, Member of the P ublic (Term 12/2017 – 12/2019) L auren Verdugo, Member of the Public (Term 12/2017-12/2019) FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRE S S E D: E NHA NC I NG P R E MI E R C O MMUNI T Y S TAT US Placemaking through public art further advances the City’s ef f orts to enhance the quality of lif e in Rancho C ucamonga and its reputation as a desirable community. T his meets General Plan L and Use Goal L U-14: Support public art as an important amenity of a beautiful City. I t also meets City Council Goal A 11 to develop a public art ordinance and f unding mechanism to support art within publicly accessible spaces. Page 254